S.I. No. 55/2009 - European Communities (Quality of Shellfish Waters) (Amendment) Regulations 2009


S.I. No. 55 of 2009

EUROPEAN COMMUNITIES (QUALITY OF SHELLFISH WATERS) (AMENDMENT) REGULATIONS 2009

ARRANGEMENT OF REGULATIONS

1. Citation

2. Amendment of S.I. No. 268 of 2006

Schedule 1: Shellfish Waters

S.I. No. 55 of 2009

EUROPEAN COMMUNITIES (QUALITY OF SHELLFISH WATERS) (AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th February, 2009.

I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by Regulation 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 2006/113/EC of the European Parliament and of the Council of 12 December 2006 1 , hereby make the following Regulations:

Citation

1. These Regulations may be cited as the European Communities (Quality of Shellfish Waters) (Amendment) Regulations 2009.

Amendment of S.I. No. 268 of 2006

2. Schedule 3 of the European Communities (Quality of Shellfish Waters) Regulations 2006 ( S.I. No. 268 of 2006 ) is hereby amended by the addition of the shellfish waters specified in Schedule 1 of these Regulations.

SCHEDULE 1 SHELLFISH WATERS

Castletownbere

All that area below the High Water Mark and enclosed by the red line as shown on Map number 1 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Kenmare River

All that area below the High Water Mark and enclosed by the red line as shown on Map number 2 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Valencia Harbour

All that area below the High Water Mark and enclosed by the red line as shown on Map number 3 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Tralee Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 4 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

West Shannon Ballylongford

All that area below the High Water Mark and enclosed by the red line as shown on Map number 5 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

West Shannon Poulnasherry Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 6 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

West Shannon Carrigaholt

All that area below the High Water Mark and enclosed by the red line as shown on Map number 7a of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

West Shannon Rinevella

All that area below the High Water Mark and enclosed by the red line as shown on Map number 7b of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Ballyvaughan / Poulnaclough Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 8 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Outer Galway Bay Indreabhán

All that area below the High Water Mark and enclosed by the red line as shown on Map number 9 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Mannin Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 10 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Clifden Bay / Ardbear Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 11 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Streamstown Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 12 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Ballinakill Harbour

All that area below the High Water Mark and enclosed by the red line as shown on Map number 13 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Achill Sound South

All that area below the High Water Mark and enclosed by the red line as shown on Map number 14a of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Achill Sound North

All that area below the High Water Mark and enclosed by the red line as shown on Map number 14b of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Blacksod Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 15 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Killala Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 16 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Sligo Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 17 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Drumcliff Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 18 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Donegal Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 19 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Inver Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 20 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

McSwynes Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 21 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Loughros Beg

All that area below the High Water Mark and enclosed by the red line as shown on Map number 22 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Gweebarra Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 23 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Trawenagh Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 24 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Dunglow

All that area below the High Water Mark and enclosed by the red line as shown on Map number 25 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Gweedore Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 26 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Sheephaven

All that area below the High Water Mark and enclosed by the red line as shown on Map number 27 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Lough Swilly

All that area below the High Water Mark and enclosed by the red line as shown on Map number 28 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Trawbreaga Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 29 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Dundalk Bay

All that area below the High Water Mark and enclosed by the red line as shown on Map number 30 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Balbriggan / Skerries

All that area below the High Water Mark and enclosed by the red line as shown on Map number 31 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Malahide

All that area below the High Water Mark and enclosed by the red line as shown on Map number 32 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Wexford Harbour Outer

All that area below the High Water Mark and enclosed by the red line as shown on Map number 33 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Wexford Harbour Inner

All that area below the High Water Mark and enclosed by the red line as shown on Map number 34 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Waterford Harbour

All that area below the High Water Mark and enclosed by the red line as shown on Map number 35 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Dungarvan Harbour

All that area below the High Water Mark and enclosed by the red line as shown on Map number 36 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Ballymacoda

All that area below the High Water Mark and enclosed by the red line as shown on Map number 37 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Rostellan North

All that area below the High Water Mark and enclosed by the red line as shown on Map number 38a of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Rostellan South

All that area below the High Water Mark and enclosed by the red line as shown on Map number 38b of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Cork Great Island North Channel

All that area below the High Water Mark and enclosed by the red line as shown on Map number 39 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Oyster Haven

All that area below the High Water Mark and enclosed by the red line as shown on Map number 40 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Kinsale

All that area below the High Water Mark and enclosed by the red line as shown on Map number 41 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Baltimore Harbour / Sherkin

All that area below the High Water Mark and enclosed by the red line as shown on Map number 42 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Dunmanus Inner

All that area below the High Water Mark and enclosed by the red line as shown on Map number 43 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Bantry Bay South

All that area below the High Water Mark and enclosed by the red line as shown on Map number 44 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

League Point

All that area below the High Water Mark and enclosed by the red line as shown on Map number 45 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

Adrigole Harbour

All that area below the High Water Mark and enclosed by the red line as shown on Map number 46 of the Book of Record Maps certified by the Minister for the purpose of these Regulations and kept at the head office of the Department of Environment, Heritage and Local Government, or at such other place as the Minister has publicly notified.

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GIVEN under my Official Seal,

10 February 2009

JOHN GORMLEY,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend Schedule 3 of S.I. No. 268 of 2006 and designate a further 49 Shellfish Water Sites. The purpose of these designations is to protect or improve the quality of the waters at the sites in question in order to support shellfish (bivalve and gasteropod molluscs) life and growth, thereby contributing to the high quality of shellfish products directly edible by man.

1 O.J. L 376 of 27.12.2006, p. 14.