S.I. No. 241/1982:

EUROPEAN COMMUNITIES (WILDBIRDS) (GADWALL AND GOLDENEYE) REGULATIONS, 1982.

EUROPEAN COMMUNITIES (WILDBIRDS) (GADWALL AND GOLDENEYE) REGULATIONS, 1982.

I, BRENDAN DALY, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Article 6 of the Council Directive No. 79/409/EEC of 2nd April, 1979¹, hereby make the following Regulations:

¹O.J. No. L/103/1, 25.4.1979.

1. (1) These Regulations may be cited as the European Communities (Wildbirds) (Gadwall and Goldeneye) Regulations, 1982.

(2) The Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1979 ( S.I. No. 253 of 1977 ), and Regulation 3 of these Regulations may be cited together as the Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1977 and 1982.

(3) These Regulations shall come into operation on the 1st day of August, 1982.

2. The sale, transport for sale, keeping for sale and offering for sale of any bird of the following species, whether live or dead, namely, Gadwall (Anas strepera) and Goldeneye (Bucephala clangula), or of any readily recognisable part or derivative of any such bird, is hereby prohibited.

3. Regulation 6 of the Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1977, is hereby amended by the insertion of "(other than the following species of bird, namely, Gadwall (Anas strepera) and Goldeneye (Bucephala clangula))" after "such fauna" in paragraph (2), and the said paragraph (2), as so amended, is set out in the Table to this Regulation.

TABLE.

Subject to paragraph (3) of this Regulation, the species of protected fauna which may be dealt in by a licensed wildlife dealer, other than a licensed wildlife dealer to whom paragraph 1 of this Regulation applies, shall be any species of such fauna (other than the following species of bird, namely, Gadwall (Anas strepera) and Goldeneye (Bucephala clangula)), whether alive or dead, which is lawfully killed or taken pursuant to the Act.

4. Any person who contravenes Regulation 2 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

5. An offence under these Regulations may be prosecuted by the Minister for Fisheries and Forestry.

GIVEN under my Official Seal this 23rd day of July, 1982.

BRENDAN DALY,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

These Regulations give effect to Article 6 of the EEC Council Directive No. 79/409 of 2 April, 1979 (O.J. No. L103/1, 25.4.79), by prohibiting, in the interest of conservation, the sale, transport for sale, keeping for sale and offering for sale of two species of wild bird, namely, the Gadwall and Goldeneye, which may be hunted under the present Open Seasons Order.