S.I. No. 472/2015 - European Communities (Wildbirds) (Woodcock) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd November, 2015.

I, HEATHER HUMPHREYS, Minister for Arts, Heritage and the Gaeltacht, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (which codifies Council Directive 79/409/EEC of 2 April 1979 (as amended)) and Council Directive 92/43/EEC of 21 May 1992 (as amended by Council Directive 97/62/EC of 27 October 1997, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003, Council Directive 2006/105/EC of 20 November 2006 and as amended by Act of Accession of Austria, Sweden and Finland (adapted by Council Decision 95/1/EC, Euratom, ECSC), Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, and the Republic of Croatia and the adjustments to the Treaties on which the European Union is founded and as amended by the Corrigendum to that Directive) hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Wildbirds) (Woodcock) Regulations 2015.

(2) The Wildlife Act 1976 (Wildlife Dealing) Regulations 1977 to 1992, and Regulation 4 of these Regulations may be cited together as the Wildlife Act 1976 (Wildlife Dealing) Regulations 1977 to 2015.

(3) These Regulations shall come into operation on the 1st day of November, 2015.

2. In these Regulations—

“Regulations of 1982” means the European Communities (Wildbirds) (Gadwall and Goldeneye) Regulations, 1982 ( S.I. No. 241 of 1982 );

“Regulations of 1992" means the European Communities (Wildbirds) (Greenland White-Fronted Goose, Shoveler and Curlew) Regulations 1992 ( S.I. No. 228 of 1992 ).

3. The Regulations of 1982, are amended by substituting for Regulation 2 (as amended by Regulation 3 of the Regulations of 1992) the following:

“2.The sale, transport for sale, keeping for sale and the offering for sale of live or dead birds of the following species, namely, Gadwall (Anas strepera), Goldeneye (Bucephala clangula), Greenland White-fronted Goose (Anser albifrons flavirostris), Shoveler (Anas clypeata), Curlew (Numenius arquata) and Woodcock (Scolopax rusticola) or of any readily recognisable parts or derivatives of such birds is hereby prohibited.”.

4. The Wildlife Act 1976 (Wildlife Dealing) Regulations 1977, are amended by substituting for paragraph (2) of Regulation 6 (as amended by Regulation 4 of the Regulations of 1992) the following:

“(2) Subject to paragraph (3), 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) applies, shall be any species of such fauna (other than the following species of bird, namely, Gadwall (Anas strepera), Goldeneye (Bucephala clangula), Greenland White-fronted Goose (Anser albifrons flavirostris), Shoveler (Anas clypeata), Curlew (Numenius arquata) and Woodcock (Scolopax rusticola) whether alive or dead, which is lawfully killed or taken pursuant to the Act.”

GIVEN under my Official Seal,

29 October 2015.

HEATHER HUMPHREYS,

Minister for Arts, Heritage and the Gaeltacht.

EXPLANATORY NOTE

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

These Regulations give effect to Article 6 of the E.E.C. Council Directive No. 79/409 of 2nd April, 1979 (O.J. No. L103/1. 25.4.1979), as amended, by adding the Woodcock to the list of species of wild birds of which the sale, transport for sale, keeping for sale and offering for sale is prohibited, in the interest of conservation.