203 tal-2003 - Regolamenti tal-2003 dwar il-Ħarsien ta’ Mammiferi tal-Baħar

L.N. 203 of 2003

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Marine Mammals Protection Regulations, 2003

BY virtue of the powers conferred by articles 6, 9, 10(2), 11 and

23 of the Environment Protection Act, the Minister for Rural Affairs

and the Environment has made the following regulations>–

The title of these regulations is the Marine Mammals Protection Title.

Regulations, 2003.

Interpretation.

In these regulations, unless the context otherwise requires>–

PROTECTED MARINE MAMMALS

Scientific name

Maltese name

English name

CETACEA

Balaenoptera acutorostrata Balena Zghira; Balenottera

Minke Whale

Zghira, Balena ta’ Geddumha

Ppuntat

Balaeonoptera borealis

Balenottera tan-Nofsinhar

Sei Whale

Balaenoptera physalus

Balena Kbira; Balenottera

Fin Whale; Finback Whale

Kbira, Baliena Mbacca

Delphinus delphis

Denfil Komuni

Common Dolphin

Eubalaena glacialis

Baliena tat-Tramuntana

Northern Right Whale

Globicephala melas

Balena Sewda

Long-Finned Pilot Whale

(=Globicephala meleana)

Grampus griseus

Denfil Griz; Denfil ta’ Risso;

Risso’s Dolphin

Monka tal-Punent

Kogia simus

Balena ta’ Mnehirha Catt

Dwarf Sperm Whale

Megaptera novaeangliae

Balena tal-Gwienah Kbar

Humpback Whale

Mesoplodon densirostris

Balena ta’ Blainville

Blainville’s Beaked Whale

Orcinus orca

Orka

Killer Whale

Phocoena phocoena

Denfil Iswed

Common Porpoise;

Harbour Propoise

Physeter macrocephalus

Gabdoll

Sperm Whale

(=Physeter catodon)

Pseudorca crassidens

Psewdorka

False Killer Whale

Sousa chinensis

Denfil tal-Bahar l-Ahmar

Indo-Pacific Humpback

Dolphin

Stenella coeruleoalba

Stenella

Striped Dolphin

Steno bredanensis

Denfil tat-Tikki

Rough-Toothed Dolphin

Tursiops truncates

Denfil Geddumu Qasir

Bottlenose Dolphin

Ziphius cavirostris

Balena ta’ Kuvjer

Cuvier’s Beaked Whale

PINNIPEDIA

Monachus monachus

Bumerin< Monka, Foka

Mediterreanean Monk Seal

Monka

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

“Act” means the Environment Protection Act<

“Competent Authority” means the Malta Environment and

Planning Authority as prescribed by the notice entitled Nomination

of the Planning Authority as the Central Authority, and such other

body or person as the Minister responsible for the Environment

may by order in the Gazette prescribe, and different bodies or

persons may be designated as the competent authority for different

provisions and different purposes of these regulations<

“Director” means the Director responsible for environment

protection with the Competent Authority, or his designated

representative<

“export” means the taking out of Malta of any specimen<

“import” means the bringing into Malta of any specimen<

“maltreat” means to subject a specimen to treatment or to put

a specimen in a situation which is not natural in its life cycle, with

the exception of specimens held for medical treatment or in

dolphinaria or oceanaria with the permission of the Director of the

Competent Authority<

“Minister” means the Minister responsible for the

Environment<

“permit” means a prior permission issued in terms of these

regulations, and on the basis of the provisions of articles 7 and 8

of these regulations<

“specimen” means any marine mammal of the species or lower

taxon listed in the Schedule annexed to these regulations, whether

alive or dead, whether whole or in part, whether in the original

form or after having undergone any transformation. It includes

any part or derivative thereof, as well as any goods which appear,

from an accompanying document, the packaging or a mark or label,

or from any other circumstances, to be parts or derivatives of

animals of those species<

“take” means to remove from the natural habitat.

The species of marine mammals listed in theSchedule annexed

to these regulations are declared to be protected marine mammal species

for the purpose of subparagraph (ii) of paragraph (k) of subarticle (2) of

article 9 of the Act.

The Competent Authority shall be responsible for the

administration and implementation of these regulations.

(1) No person shall, directly or indirectly, pursue, take or

attempt to take, maltreat or attempt to maltreat, kill or attempt to kill,

possess, sell by any method, buy, exchange, re-introduce, import or

export any specimen of species listed in the Schedule to these regulations.

(2) Any marine mammal accidentally caught during normal

fishing activities shall be immediately released, and if such release is

not possible it shall be landed at the fish market in Valletta or in Gozo,

and shall be surrendered immediately to the Director responsible for

fisheries, who shall then deal with it in consultation with the Director

responsible for veterinary services and the Competent Authority.

Any person who has in his possession any specimen the import

of which is subject to these or other regulations, shall retain in his

possession and until such time as that specimen remains in his possession,

all permits, certificates and licences relative to the import of that specimen.

(1)

The Competent Authority may issue a permit to

authorize>

(a) the taking and keeping of any specimen for bona fide

scientific studies or educational purposes,

(b)

the import or export of any specimen,

(c)

the re-introduction of specimens,

(d) the performance of any activity which would otherwise

not be permitted under these regulations to dolphinaria or

oceanaria which at the time of the coming into force of these

regulations are already in possession of live specimens, provided

that such permit is limited to the replacement or replenishment of

specimens>

Provided that the Competent Authority shall not issue such a permit

if in its opinion such activities threaten any species or lead to the

endangering of the biological diversity of Malta.

(2) The person requesting a permit for activities referred to

in subregulation (1) of this regulation, hereafter referred to as the

applicant, shall submit an application in writing to the Competent

Authority.

(3) In order to enable the Competent Authority to assess a

permit request, the application shall contain the relevant documents

and any other requisite information requested by the Competent

Authority.

(4) The Competent Authority may, to ensure compliance

with these regulations>

(a) amend, suspend or revoke any permit and#or other such

authorization instruments,

(b) impose such conditions as it may deem fit, provided

that a special condition may be imposed upon the applicant, to

submit within a month from the expiry of the permit or at the end

of the calendar year, whichever is the earliest, information relevant

to the activities permitted.

(5) A copy of any published results and other publications

relevant to activities carried out in accordance with the permit shall

reach the Competent Authority within three months from the date of

publication.

(6) The period of validity of such permit shall also be

established at the discretion of the Competent Authority, provided that

the validity of the permit may not exceed one calendar year from date

of issue.

(7) The Competent Authority shall reserve the right not to

issue or renew any permit if the applicant in question has not fulfilled

or honoured any of the conditions and obligations arising from any

other permit issued by the Director or the Competent Authority under

these regulations or other relevant regulations.

(8) The Director may, on behalf of the Competent Authority,

in cases of emergency or grave danger, authorize the possession or

keeping on a temporary basis, or the disposal of any specimen, and in

so doing he may issue any such directives he may deem fit.

(1) Persons, public entities and other institutions having been

granted a permit under these regulations will be maintained in a national

public register.

(2) Where its disclosure affects one or more of the items

mentioned in the Freedom of Access to Information on the Environment

Regulations, 2001, the applicant may indicate the information in the

permit application submitted pursuant to these regulations that should

be treated as confidential. Verifiable justification must be given in such

cases.

(3) The Competent Authority shall decide, after consultation

with the applicant, which information will be kept confidential and shall

inform the applicant of its decision.

(4) Except where the Competent Authority determines that

there is a threat to the safeguarding of the biodiversity, in no case may

the following information be kept confidential>

–

the name and address of the applicant,

–

the institution, if any, requiring the permit,

– the species, biotope, natural habitat, site or area

involved,

–

the aim and purpose of the application,

–

the benefits arising from the permit,

– the possible impacts on local biodiversity, including

the species, biotope, natural habitat, or area involved,

– the evaluation of foreseeable effects, in particular

any harmful effects on the environment.

(5) The Competent Authority shall not divulge to third

parties any information decided to be confidential according to

subregulation (2) of this regulation, and shall protect intellectual property

rights relating to the data received.

(6) If, for whatever reasons, the applicant withdraws the

application, the Competent Authority must respect the confidentiality

of the information supplied.

Nothing contained in these regulations shall be construed to Relation with other

Regulations.

prejudice the observance of any another law or regulations.

(1) Any person who shall take, maltreat, kill, possess, sell Offences

Penalties.

by any method, buy, exchange, import or export any specimen in

contravention of these regulations, and any person who contravenes any

restriction, prohibition or requirement imposed by or under these

regulations, and any person who conspires or attempts, or aids, abets,

counsels, or procures any other person to commit any of the above

offences, shall be guilty of an offence.

(2) Any person who commits an offence against these

regulations shall, on conviction, be liable -

(a) on a first conviction, to a fine (multa) of not less than

one hundred Maltese liri (Lm100) for each specimen<

(b) on a second or subsequent conviction, to a fine (multa)

of not less than two hundred and fifty Maltese liri (Lm250) but not

exceeding one thousand Maltese liri (Lm1,000) for each specimen,

or to imprisonment for a term not exceeding two years, or to both

such fine and imprisonment.

(3) Without prejudice to the provisions of subregulation (2)

of this regulation, the Court may also order any person who is found

guilty of committing an offence under these regulations, to pay for the

expenses incurred by the Competent Authority as a result of the said

offence, the revocation of the permit issued under these regulations and

the confiscation, retention and disposal of the corpus delicti.

The Marine Mammals (Protection) Regulations, 1992, are Repeal of L.N. 77

of 1992.

hereby being repealed.