368 tal-2018

L.N. 368 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Amendment) Regulations, 2018

BY VIRTUE of the powers conferred by articles 54 and 55 of the

Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change in conjunction with the

Parliamentary Secretary for Agriculture, Fisheries and Animal Rights

and after consultation with the Environment and Resources Authority,

has made the following regulations:-

The title of these regulations is the Conservation of Wild

Birds (Amendment) Regulations, 2018 and these regulations shall be

read and construed as one with the Conservation of Wild Birds

Regulations, hereinafter referred to as "the principal regulations".

Regulation 7 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (1) thereof, the words "no person

shall hunt or attempt to hunt, take or attempt to take any bird by

making use of "shall be substituted by the words "no person shall

hunt or attempt to hunt, take or attempt to take any bird by

making use or be in possession of "; and

(b) in sub-regulation (1)(c) thereof, the words "sighting

devices for night shooting" shall be substituted by "night vision

devices ".

In sub-regulation (6) of regulation 31 of the principal

regulations the words "and the Environment Fund" shall be substituted

by the words "and the Conservation of Wild Birds Fund ".

The first entry in Schedule VIII of the principal regulations,

Regulation

Offence

Penalty

"7(1)(d)

Use of any electric or electronic device,

€250

use of bird caller

Provided that the Executive Police shall

confiscate the corpus delicti used in the

commission of the offence

Provided further that where the offence

consists in the use of gas, the offence shall

not be subject to an administrative fine

but shall be punishable in terms of regula-

tion 27

Provided further that where the offence is "

carried out during any close season or

within any bird sanctuary listed in Sched-

ule V or beach listed in Schedule VII, the

offence shall not be subject to an adminis-

trative fine but shall be punishable in

terms of regulation 27.

shall be substituted by the following entry

Regulation

Offence

Penalty

Use or possession of any electric or elec- €250 and con-

tronic device, use or possession of bird

fiscation of the

caller

corpus delicti

Provided that where the offence is carried

out during any closed season or during

prohibited hours or within any Bird Sanc-

tuary listed in Schedule V or Protected

Beach listed in Schedule VII, or where the

pre-recorded bird calls correspond to spe-

cies not listed in Schedule II, the offence

shall not be subject to an administrative

fine but shall be punishable in terms of

regulation 27.

".

Schedule IX of the principal regulations shall be amended Amends

Schedule IX of

as follows

the principal

regulations.

(a)

the following entry thereof,

"Egretta alba

Great White

Russett Abjad

(Ardea alba)

Heron"

shall be deleted;

(b)

immediately after the entry

Agrett

Western

"Egretta gularis

tax-Xatt

Reef-egret"

the following entry shall be added

"Threskiornithidae

Velleran

Northern

Geronticus eremita

Eremita

Bald Ibis".

€0.27