S.I. No. 349/1994:

EUROPEAN COMMUNITIES (CONSERVATION OF WILD BIRDS) (AMENDMENT) (No. 2) REGULATIONS, 1994.

EUROPEAN COMMUNITIES (CONSERVATION OF WILD BIRDS) (AMENDMENT) (No. 2) REGULATIONS, 1994.

I, BERTIE AHERN, Minister for Finance, 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 further effect to Council Directive No. 79/409/EEC of 2 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 (Conservation of Wild Birds) (Amendment) (No. 2) Regulations, 1994.

(2) These Regulations shall come into operation on the 23rd day of November, 1994.

2. The European Communities (Conservation of Wild Birds) Regulations, 1985 ( S.I. No. 291 of 1985 ), is hereby amended

( a ) in Regulation 2, by the insertion of the following definition:

" 'the foreshore' means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or of any such river or estuary;", and

( b ) in the Schedule, by the addition of the following paragraphs after paragraph 18:

"19. Tramore Back Strand in the county of Waterford

The area of foreshore situated in Tramore Back Strand in the county of Waterford bounded by the high water mark enclosed on the map in Schedule 1 to these Regulations within the inner margin of the black line and hatched there on in black.

20. Blackwater Estuary in the counties of Cork and Waterford

The area of foreshore situated in the Blackwater Estuary in the counties of Cork and Waterford enclosed on the map in Schedule 2 to these Regulations within the inner margin of the black line and hatched thereon in black.

21. Castlemine Harbour in the county of Kerry

The areas of foreshore situated in Castlemine Harbour in the county of Kerry bounded by the high water mark enclosed on the map in Schedule 3 to these Regulations within the inner margin of the black line and hatched thereon in black.

22. Cork Harbour in the county of Cork.

The areas of foreshore situated in Cork Harbour in the county of Cork bounded by the high water mark enclosed on the map in Schedule 4 to these Regulations within the inner margin of the black line and hatched thereon in black.

23. Inner Galway Bay in the counties of Clare and Galway

The area of foreshore situated in inner Galway Bay in the counties of Clare and Galway bounded by the high water mark enclosed on the map in Schedule 5 to these Regulations within the inner margins of the black line and hatched thereon in black.

24. Dungarvan Harbour in the county of Waterford

The area of foreshore situated in Dungarvan Harbour in the county of Waterford enclosed on the map in the Schedule 6 to these Regulations within the inner margin of the black line and hatched thereon in black.

25. Bannow Bay in the county of Wexford

The area of foreshore situated in Bannow Bay in the county of Wexford enclosed on the map in Schedule 7 to these Regulations within the inner margin of the black line and hatched thereon in black.".

GIVEN under my Official Seal this 21st day of November, 1994.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

Council Directive of 2 April 1979 on the conservation of wild birds (79/409/EEC) provides for the conservation of populations of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to classify seven sites as Special Protection Areas in accordance with Article 4 of the Directive and to provide that contravention of the provisions of these Regulations shall constitute an offence.

Schedule 1

TRAMORE BACKSTRAND

Schedule 2

BLACKWATER ESTUARY

Schedule 3

CASTLEMAINE HARBOUR

Schedule 4

CORK HARBOUR

Schedule 5

INNER GALWAY BAY

Schedule 6

DUNGARVAN HARBOUR

Schedule 7

BANNOW BAY