S.I. No. 98/1988:

REFUGE FOR FAUNA (CLIFFS OF MOHER) DESIGNATION ORDER, 1988.

REFUGE FOR FAUNA (CLIFFS OF MOHER) DESIGNATION ORDER, 1988.

WHEREAS I, NOEL TREACY, Minister of State at the Department of Finance, consider that the species of fauna specified in Article 2(3) of the following Order should be specially protected on the land specified in paragraph (2) of the said Article:

AND WHEREAS the said land is a habitat of that species:

NOW I, NOEL TREACY, Minister of State at the Department of Finance, in exercise of the powers conferred on me by section 17 of the Wildlife Act, 1976 (No. 39 of 1976), the Wildlife (Transfer of the Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 156 of 1987 ), and the Finance (Delegation of Ministerial Functions) Order, 1988 ( S.I. No. 3 of 1988 ), hereby order as follows:

1. (1) This Order may be cited as the Refuge for Fauna (Cliffs of Moher) Designation Order, 1988.

(2) This Order shall come into operation on the 12th day of June, 1988.

2. (1) The land specified in paragraph (2) of this Article is hereby designated as and there is established there on a refuge (in this Order referred to as "the refuge") for the species of fauna specified in paragraph (3) of this Article.

(2) The land referred to in paragraph (1) of this Article is the area of land situate in the barony of Corcomroe and county of Clare following the line of the cliff top of the Cliffs of Moher from the boundary of the townlands of Ballylaan and Ballyherragh in the south to the boundary of the townlands of Luogh South and Luogh North in the north and extending two hundred metres from the cliff face on the seaward side and two metres from the cliff top on the landward side in the townlands of Ballylaan, Kilconnell, Ballynalacken (Electoral Division of Ballysteen), Shingaunagh North, Kineilty, Slievenageeragh, Cherbarnagh and Luogh South together with those lands in the townland of Lislorkan North enclosed by an imaginary straight line drawn from a point on the cliff top three hundred metres north of O'Brien's Tower to bench mark 518.7 and continuing initially in a southerly direction along the eastern side of the public road to a point where the townlands of Lislorkan North and Slievenageeragh meet and continuing finally in a westerly direction along the boundary of the townlands of Lislorkan North and Slievenageeragh to the cliff top.

(3) The species of fauna referred to in paragraph (1) of this Article are the following:

( a ) Chough (Pyrrhocorax pyrrhocorax)

( b ) Fulmar (Fulmarus glacialis)

( c ) Guillemot (Uria aalge)

( d ) Great black-backed gull (Larus marinus)

( e ) Herring gull (Larus argentatus)

( f ) Kittiwake (Rissa tridactyla)

( g ) Peregrine (Flaco peregrinus)

( h ) Puffin (Fratercula arctica)

( i ) Raven (Corvus corax)

( j ) Razorbill (Alca torda)

( k ) Shag (Phalacrocorax aristotelis)

3. A person shall not on the land referred to in Article 2(2) of this Order (other than for the purposes of saving life or other emergency)--

( a ) climb the cliff face within the refuge, other than during the period from the 1st day of September in any year to the 31st day of March in any following year under and in accordance with the permission of the Minister;

( b ) wilfully disturb any wild bird of a species specified in Article 2(3) of this Order;

( c ) operate within the refuge any wireless, loudspeaker, television set, tape-recorder, record player, amplifier or similar instrument, or any machine or other appliance, or any motor, or any other thing which makes or causes to be made, any noise of vibration which is so loud, so continuous, so repeated or of such duration or pitch as to cause or be likely to cause, disturbance to any such wild bird,

( d ) carry on any part of the refuge any firearm or other weapon, instrument or devce capable of being used to hunt any such wild bird,

( e ) use drifit nets within the refuge,

( f ) dump or dispose of any bottle, glass, container or other refuse in any part of the refuge, except in a receptacle provided in any place in the refuge for that purpose,

( g ) dump or dispose of any deleterious matter which, on entry or discharge into the refuge, would be liable to cause death or injury to any such wild bird or damage a nest of any such wild bird, or dump or dispose of any domestic or industrial waste, oil or any other form of petroleum in or into the refuge,

( h ) fly in aircraft within 500 metres of the cliff face within the refuge or up to 1,000 feet above any part of the refuge other than for educational or scientific purposes under and in accordance with the permission of the Minister,

( i ) hang-glide in or from any part of the refuge during the period from the 1st day of April to the 31st day of August in any year.

4. (1) Notices relating to the contents of this Order may be erected by or on behalf of the Minister in any part of the refuge.

(2) A person shall not alter, deface, disfigure, mark or otherwise interfere with, or cause to be altered, defaced, disfigured, marked, or otherwise interfered with any such notice.