S.I. No. 11/1989 - Refuge For Fauna (Old Head of Kinsale) Designation Order, 1989.

S.I. No. 11 of 1989.

REFUGE FOR FAUNA (OLD HEAD OF KINSALE) DESIGNATION ORDER, 1989.

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 those 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 Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 156 of 1987 ), and the Finance (Delegation of Ministerial Functions) (No. 2) Order, 1988 ( S.I. No. 352 of 1988 ), hereby order as follows:

1. (1) This Order may be cited as the Refuge for Fauna (Old Head of Kinsale) Designation Order, 1989.

(2) This Order shall come into operation on the 6th day of March, 1989.

2. (1) The land specified in paragraph (2) of this Article is hereby designated as and there is .established thereon 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 known as the Old Head of Kinsale situated in the townland of Oldhead (otherwise know as Downmacpatrick) in the county of Cork following a line from the western end of the wall north of the isthmus and extending 495 metres along the western edge of the road and then extending westward to the Ringagurteen headland and extending 200 metres from the cliff face on the seaward side.

(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 ) Kittiwake (Rissa tridactyla).

( e ) Peregrine(Flaco peregrinus).

( f ) Razorbill (Alca torda).

3. A person shall not on the land specified in Article 2(2) of this Order (other than for the purposes of saving life or other emergency, including air and sea rescue)—

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

( d ) 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;

( e ) fly an aircraft within 500 metres of the cliff face within the refuge or up to 1,000 feet above any part of the refuge during the period from the 1st day of April to the 31st day of August in any year save for educational or scientific purposes under and in accordance with the permission of the Minister;

( f ) 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;

( g ) use drift nets within the refuge;

( h ) use a rod or line for fishing from the cliff top 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.

GIVEN under my hand, this 16th day of February, 1989.

NOEL TREACY,

Minister of State at the Department

of Finance.

EXPLANATORY NOTE.

The Order designates part of the Old Head of Kinsale in the county of Cork as a refuge for certain species of seabirds that inhabit the area.

The Order species the measures to be taken for the protection of these species.