79 tal-2006 - Regolamenti tal-2006 dwar il-Konservazzjoni ta’ l-Għasafar Selvaġġi

L.N. 79 of 2006

ENVIRONMENT PROTECTION ACT

(ACT NO. XX OF 2001)

Conservation of Wild Birds Regulations, 2006

BY VIRTUE of the powers conferred by articles 9 and 10 (2)

and (3) of the Environment Protection Act, 2001, the Minister for

Rural Affairs and the Environment has made the following

regulations:-

These regulations may be cited as the Conservation of Wild Title

commencement.

Birds Regulations, 2006.

GAVIIFORMES

Gaviidae

Gavia stellata

Gavia arctica

Gavia immer

PODICIPEDIFORMES

Podicipedidae

Podiceps auritus

PROCELLARIIFORMES

Procellariidae

Pterodroma madeira

Pterodroma feae

Bulweria bulwerii

Calonectris diomedea

Puffinus puffinus mauretanicus (Puffinus mauretanicus)

Puffinus yelkouan

Puffinus assimilis

Hydrobatidae

Pelagodroma marina

Hydrobates pelagicus

Oceanodroma leucorhoa

Oceanodroma castro

PELECANIFORMES

Pelecanidae

Pelecanus onocrotalus

Pelecanus crispus

Phalacrocoracidae

Phalacrocorax aristotelis desmarestii

Phalacrocorax pygmeus

CICONIIFORMES

Ardeidae

Botaurus stellaris

Ixobrychus minutus

Nycticorax nycticorax

Ardeola ralloides

Egretta garzetta

Egretta alba (Ardea alba)

Ardea purpurea

Ciconiidae

Ciconia nigra

Ciconia ciconia

Threskiornithidae

Plegadis falcinellus

Platalea leucorodia

PHOENICOPTERIFORMES

Phoenicopteridae

Phoenicopterus ruber

ANSERIFORMES

Anatidae

Cygnus bewickii (Cygnus columbianus bewickii)

Cygnus cygnus

Anser albifrons flavirostris

Anser erythropus

Branta leucopsis

Branta ruficollis

Tadorna ferruginea

Marmaronetta angustirostris

Aythya nyroca

Polysticta stelleri

Mergus albellus (Mergellus albellus)

Oxyura leucocephala

FALCONIFORMES

Pandionidae

Pandion haliaetus

Accipitridae

Pernis apivorus

Elanus caeruleus

Milvus migrans

Milvus milvus

Haliaeetus albicilla

Gypaetus barbatus

Neophron percnopterus

Gyps fulvus

Aegypius monachus

Circaetus gallicus

Circus aeruginosus

Circus cyaneus

Circus macrourus

Circus pygargus

Accipiter gentilis arrigonii

Accipiter nisus granti

Accipiter brevipes

Buteo rufinus

Aquila pomarina

Aquila clanga

Aquila heliaca

Aquila adalberti

Aquila chrysaetos

Hieraaetus pennatus

Hieraaetus fasciatus

B

Falconidae

Falco naumanni

Falco vespertinus

Falco columbarius

Falco eleonorae

Falco biarmicus

Falco cherrug

Falco rusticolus

Falco peregrinus

GALLIFORMES

Tetraonidae

Bonasa bonasia

Lagopus mutus pyrenaicus

Lagopus mutus helveticus

Tetrao tetrix tetrix

Tetrao urogallus

Phasianidae

Alectoris graeca saxatilis

Alectoris graeca whitakeri

Alectoris barbara

Perdix perdix italica

Perdix perdix hispaniensis

GRUIFORMES

Turnicidae

Turnix sylvatica

Gruidae

Grus grus

Rallidae

Porzana porzana

Porzana parva

Porzana pusilla

B

Crex crex

Porphyrio porphyrio

Fulica cristata

Otididae

Tetrax tetrax

Chlamydotis undulata

Otis tarda

CHARADRIIFORMES

Recurvirostridae

Himantopus himantopus

Recurvirostra avosetta

Burhinidae

Burhinus oedicnemus

Glareolidae

Cursorius cursor

Glareola pratincola

Charadriidae

Charadrius alexandrinus

Charadrius morinellus (Eudromias morinellus)

Pluvialis apricaria

Hoplopterus spinosus

Scolopacidae

Calidris alpina schinzii

Philomachus pugnax

Gallinago media

Limosa lapponica

Numenius tenuirostris

Tringa glareola

Xenus cinereus (Tringa cinerea)

Phalaropus lobatus

Laridae

Larus melanocephalus

Larus genei

Larus audouinii

Larus minutus

Sternidae

Gelochelidon nilotica (Sterna nilotica)

Sterna caspia

Sterna sandvicensis

Sterna dougallii

Sterna hirundo

Sterna paradisaea

Sterna albifrons

Chlidonias hybridus

Chlidonias niger

Alcidae

Uria aalge ibericus

PTEROCLIFORMES

Pteroclididae

Pterocles orientalis

Pterocles alchata

COLUMBIFORMES

Columbidae

Columba palumbus azorica

Columba trocaz

Columba bollii

Columba junoniae

B

STRIGIFORMES

Strigidae

Bubo bubo

Nyctea scandiaca

Surnia ulula

Glaucidium passerinum

Strix nebulosa

Strix uralensis

Asio flammeus

Aegolius funereus

CAPRIMULGIFORMES

Caprimulgidae

Caprimulgus europaeus

APODIFORMES

Apodidae

Apus caffer

CORACIIFORMES

Alcedinidae

Alcedo atthis

Coraciidae

Coracias garrulus

PICIFORMES

Picidae

Picus canus

Dryocopus martius

Dendrocopos major canariensis

B

Dendrocopos major thanneri

Dendrocopos syriacus

Dendrocopos medius

Dendrocopos leucotos

Picoides tridactylus

PASSERIFORMES

Alaudidae

Chersophilus duponti

Melanocorypha calandra

Calandrella brachydactyla

Galerida theklae

Lullula arborea

Motacillidae

Anthus campestris

Troglodytidae

Troglodytes troglodytes fridariensis

Muscicapidae (Turdinae)

Luscinia svecica

Saxicola dacotiae

Oenanthe leucura

Oenanthe cypriaca

Oenanthe pleschanka

Muscicapidae (Sylviinae)

Acrocephalus melanopogon

Acrocephalus paludicola

Hippolais olivetorum

Sylvia sarda

Sylvia undata

Sylvia melanothorax

Sylvia rueppelli

Sylvia nisoria

B

Muscicapidae (Muscicapinae)

Ficedula parva

Ficedula semitorquata

Ficedula albicollis

Paridae

Parus ater cypriotes

Sittidae

Sitta krueperi

Sitta whiteheadi

Certhiidae

Certhia brachydactyla dorotheae

Laniidae

Lanius collurio

Lanius minor

Lanius nubicus

Corvidae

Pyrrhocorax pyrrhocorax

Fringillidae (Fringillinae)

Fringilla coelebs ombriosa

Fringilla teydea

Fringillidae (Carduelinae)

Loxia scotica

Bucanetes githagineus

Pyrrhula murina (Pyrrhula pyrrhula murina)

Emberizidae (Emberizinae)

Emberiza cineracea

Emberiza hortulana

Emberiza caesia

B

In these regulations, unless the context otherwise require: Definitions.

“the Act” means the Environment Protection Act, 2001;

“bird” and “birds” means any species of naturally occurring

bird or birds in the wild state in the European territory of the

Member States of the European Union, with the exception of

Greenland

Provided that these regulations shall not apply to birds born

and reared in captivity;

“bird sanctuaries” means the areas listed in Schedule V to

these regulations;

“captive bred” means a bird which is close ringed and

which has been hatched and bred from parental stock in a human

controlled environment;

“carnet de chasse” means a permit in the form shown in

Schedule IV to these regulations, which permit also includes

an annual census of birds hunted and, or taken from the wild in

accordance with the provisions of these regulations;

“close ringed” means a full-circle ring without any cut or

interruption therein and which cannot be placed on a bird’s foot

other than when such bird is of a very tender age, such ring

being approved by the Director;

“closed season” means, in respect of the hunting and taking

of birds, those periods which fall outside the open season during

which no taking or hunting shall be allowed;

“the Commissioner” means the Commissioner of Police

or his representative;

“the Director” means the Director of the Environment

Protection Directorate within the Malta Environment and

Planning Authority or his representative;

“finches” means birds belonging to the following species

Fringilla coelebs (chaffinch), Serinus serinus (serin),

Carduelis chloris (greenfinch), Carduelis carduelis

(goldfinch), Carduelis cannabina (linnet), Carduelis spinus

(siskin), Coccothraustes coccothraustes (hawfinch);

“hunt” and “hunting” means to hunt or use a fire-arm or

any other weapon for hunting, and “hunting at sea” means

hunting from seacraft;

“inhabited area” means any area in which there is an

aggregation of houses or capable of being inhabited by more

than one hundred persons;

“lead shot” means lead, steel and any other material of

whatever make and size contained in a cartridge, other than

gun powder;

“licence” includes permit;

“the Minister” means the minister responsible for the

environment;

“open season” means in respect of hunting and taking of

birds as established by the Minister pursuant to sub-regulation

6 of regulation 10 of these regulations, during which hunting

and taking shall be allowed;

“Ornis Committee” means the Committee established

under regulation 10 of these regulations;

“organization representing persons knowledgeable in, or

working for, the protection of avifauna” means any organization,

which is a member of an international organization which has

an observer status within the European Union Ornis Committee,

that has more than two thousand paid-up members, a statute, a

committee which is elected at least once biennially, and which

has its accounts verified and certified by a qualified auditor

and approved by a general meeting of the organization;

“organization representing persons licensed to hunt and,

or take” means an organization, which is a member of an

international organization which has an observer status within

the European Union Ornis Committee, that has more than three

thousand paid-up members, a statute, a committee which is

elected at least once biennially, and which has its accounts

verified and certified by a qualified auditor and approved by a

general meeting of the organization;

“permit” means carnet de chasse;

“Section” means the Avifauna Section under the control

of the Director;

“the Treaty” has the same meaning assigned to it by the

European Union Act;

“to capture” means to take;

“to take” and “taking” means to take from the wild, in

accordance with the provisions of these regulations.

PART I

ANSERIFORMES

Anatidae

Anser fabalis

Anser anser

Anas penelope

Anas strepera

Anas crecca

Anas platyrhynchos

Anas acuta

Anas querquedula

Anas clypeata

Aythya ferina

Aythya fuligula

Mergus serrator

GALLIFORMES

Phasianidae

Coturnix coturnix

GRUIFORMES

Rallidae

Rallus aquaticus

Gallinula chloropus

Fulica atra

CHARADRIIFORMES

Charadriidae

Pluvialis apricaria

Pluvialis squatarola

Vanellus vanellus

B

Scolopacidae

Philomachus pugnax

Lymnocryptes minimus

Gallinago gallinago

Scolopax rusticola

COLUMBIFORMES

Columbidae

Columba palumbus

Streptopelia turtur

PASSERIFORMES

Aluadidae

Alauda arvensis

Turdidae

Turdus merula

Turdus pilaris

Turdus philomelos

Turdus iliacus

Turdus viscivorus

Sturnidae

Sturnus vulgaris

B

(1) The bird species referred to in Schedule I to these Special

conservation

regulations shall be the subject of special conservation measures measures.

concerning their habitat including in particular the designation of

special protection areas.

(2) For the purposes of sub-regulation (1) hereof, account

shall be taken of -

(a) species in danger of extinction;

(b) species vulnerable to specific changes in their habitat;

(c) species considered rare because of small populations

or restricted local distribution;

(d) other species requiring particular attention for reasons

of the specific nature of their habitat.

(3) Similar measures shall also be established for

regularly occurring migratory species not listed in Schedule I to these

regulations, as regards their breeding, moulting and wintering areas

and staging posts along their migration routes, bearing in mind their

need for protection in the geographical sea and land area of Malta.

(4) The Ornis Committee shall make recommendations

to the Minister on the adoption of measures under this regulation in

accordance with the provisions of subparagraph (i) of sub-regulation

6 of regulation 10.

(5) The Minister shall, by notice in the Gazette, publish

the sites classified as special protection areas in accordance with

the provisions of this regulation, together with the maps demarcating

these areas.

Schedule III (a)

ANSERIFORMES

Anatidae

Anas platyrhynchos

GALLIFORMES

Tetraonidae

Lagopus lagopus lagopus, scoticus et hibernicus

Phasianidae

Alectoris rufa

Alectoris barbara

Perdix perdix

Phasianus colchicus

COLUMBIFORMES

Columbidae

Columba palumbus

B

Schedule III (b)

ANSERIFORMES

Anatidae

Anser albifrons albifrons

Anser anser

Anas penelope

Anas crecca

Anas acuta

Anas clypeata

Aythya ferina

Aythya fuligula

Aythya marila

Somateria mollissima

Melanitta nigra

GALLIFORMES

Tetraonidae

Lagopus mutus

Tetrao tetrix britannicus

Tetrao urogallus

GRUIFORMES

Rallidae

Fulica atra

CHARADRIIFORMES

Charadriidae

Pluvialis apricaria

Scolopacidae

Lymnocryptes minimus

Gallinago gallinago

Scolopax rusticola

Without prejudice to the provisions of regulations 5, 8 and 9,

no person shall

(a) hunt or attempt to hunt, take or attempt to take any

bird which is protected under these regulations, other than in

accordance with these regulations and with the conditions of

any licence granted thereunder;

(b) hunt or attempt to hunt, take or attempt to take,

destroy, damage or remove by any means, any bird nest and

eggs;

(c) take the eggs in the wild of any bird which is protected

under these regulations and keep these eggs even if empty;

(d) deliberately disturb any bird which is protected under

these regulations during the period of breeding and rearing;

(e) keep any bird, whether alive or dead, or part of any

bird, the hunting or taking of which is prohibited under these

regulations, other than in accordance with these regulations.

Carnet de Chasse

The Carnet de Chasse is a document that shall be entitled Carnet de Chasse and will be

specifically indicating the year in which it can be used.

The Carnet de Chasse will be issued each year

The Carnet de Chasse shall contain the list of all huntable bird species

The Carnet de Chasse shall contain the weeks and months, of that year for which the

Carnet de Chasse has been issued, within which the hunters have hunted and/or taken the

birds specified within the list of huntable species.

The hunter is to indicate, on the Carnet de Chasse, the total amount of birds hunted

and/or taken within each week of every month in which hunting is allowed and also the

total of birds hunted and/or taken for the whole of that year.

Each hunter is to indicate on the Carnet de Chasse whether he/she hunts from land or at

sea.

Each hunter is also to indicate appropriately in the eventuality that the hunter has not

hunted and/or taken any bird throughout the specific year indicated on the Carnet de

Chasse.

Each hunter is to note his/her full name and surname, together with the address of the

hunter’s residence and the identity card number on the same Carnet de Chasse for

reference purposes.

B

SCHEDULE VI B

(1) Without prejudice to the provisions of regulation 9 no

person shall hunt or attempt to hunt any birds other than those referred

to in Schedule II to these regulations

Provided that such hunting, including falconry if practiced,

as carried out in accordance with the provisions of these regulations

shall be subject to any conditions and rules as may be established

pursuant to sub-regulation (6) of regulation 10, in particular

subparagraph (a) thereof, and shall be in accordance with the

principles of wise use and ecologically balanced control of the species

of birds which are referred to in Schedule II to these regulations and

be compatible with the requirement of maintaining the population

of these species, in particular as regards migratory species

Provided further that there shall be no hunting of birds

which are referred to in Schedule II to these regulations during the

rearing season or during the various stages of reproduction of these

species.

(2) As regards migratory species which are referred to in

Schedule II to these regulations, there shall also be no hunting of

such species during their period of reproduction or during their return

to their rearing grounds.

GAVIIFORMES

Gaviidae

Gavia stellata

Gavia arctica

Gavia immer

PODICIPEDIFORMES

Podicipedidae

Podiceps auritus

PROCELLARIIFORMES

Procellariidae

Pterodroma madeira

Pterodroma feae

Bulweria bulwerii

Calonectris diomedea

Puffinus puffinus mauretanicus (Puffinus mauretanicus)

Puffinus yelkouan

Puffinus assimilis

Hydrobatidae

Pelagodroma marina

Hydrobates pelagicus

Oceanodroma leucorhoa

Oceanodroma castro

PELECANIFORMES

Pelecanidae

Pelecanus onocrotalus

Pelecanus crispus

Phalacrocoracidae

Phalacrocorax aristotelis desmarestii

Phalacrocorax pygmeus

CICONIIFORMES

Ardeidae

Botaurus stellaris

Ixobrychus minutus

Nycticorax nycticorax

Ardeola ralloides

Egretta garzetta

Egretta alba (Ardea alba)

Ardea purpurea

Ciconiidae

Ciconia nigra

Ciconia ciconia

Threskiornithidae

Plegadis falcinellus

Platalea leucorodia

PHOENICOPTERIFORMES

Phoenicopteridae

Phoenicopterus ruber

ANSERIFORMES

Anatidae

Cygnus bewickii (Cygnus columbianus bewickii)

Cygnus cygnus

Anser albifrons flavirostris

Anser erythropus

Branta leucopsis

Branta ruficollis

Tadorna ferruginea

Marmaronetta angustirostris

Aythya nyroca

Polysticta stelleri

Mergus albellus (Mergellus albellus)

Oxyura leucocephala

FALCONIFORMES

Pandionidae

Pandion haliaetus

Accipitridae

Pernis apivorus

Elanus caeruleus

Milvus migrans

Milvus milvus

Haliaeetus albicilla

Gypaetus barbatus

Neophron percnopterus

Gyps fulvus

Aegypius monachus

Circaetus gallicus

Circus aeruginosus

Circus cyaneus

Circus macrourus

Circus pygargus

Accipiter gentilis arrigonii

Accipiter nisus granti

Accipiter brevipes

Buteo rufinus

Aquila pomarina

Aquila clanga

Aquila heliaca

Aquila adalberti

Aquila chrysaetos

Hieraaetus pennatus

Hieraaetus fasciatus

Falconidae

Falco naumanni

Falco vespertinus

Falco columbarius

Falco eleonorae

Falco biarmicus

Falco cherrug

Falco rusticolus

Falco peregrinus

GALLIFORMES

Tetraonidae

Bonasa bonasia

Lagopus mutus pyrenaicus

Lagopus mutus helveticus

Tetrao tetrix tetrix

Tetrao urogallus

Phasianidae

Alectoris graeca saxatilis

Alectoris graeca whitakeri

Alectoris barbara

Perdix perdix italica

Perdix perdix hispaniensis

GRUIFORMES

Turnicidae

Turnix sylvatica

Gruidae

Grus grus

Rallidae

Porzana porzana

Porzana parva

Porzana pusilla

Crex crex

Porphyrio porphyrio

Fulica cristata

Otididae

Tetrax tetrax

Chlamydotis undulata

Otis tarda

CHARADRIIFORMES

Recurvirostridae

Himantopus himantopus

Recurvirostra avosetta

Burhinidae

Burhinus oedicnemus

Glareolidae

Cursorius cursor

Glareola pratincola

Charadriidae

Charadrius alexandrinus

Charadrius morinellus (Eudromias morinellus)

Hoplopterus spinosus

Scolopacidae

Calidris alpina schinzii

Philomachus pugnax

Gallinago media

Limosa lapponica

Numenius tenuirostris

Tringa glareola

Xenus cinereus (Tringa cinerea)

Phalaropus lobatus

Laridae

Larus melanocephalus

Larus genei

Larus audouinii

Larus minutus

Sternidae

Gelochelidon nilotica (Sterna nilotica)

Sterna caspia

Sterna sandvicensis

Sterna dougallii

Sterna hirundo

Sterna paradisaea

Sterna albifrons

Chlidonias hybridus

Chlidonias niger

Alcidae

Uria aalge ibericus

PTEROCLIFORMES

Pteroclididae

Pterocles orientalis

Pterocles alchata

COLUMBIFORMES

Columbidae

Columba palumbus azorica

Columba trocaz

Columba bollii

Columba junoniae

STRIGIFORMES

Strigidae

Bubo bubo

Nyctea scandiaca

Surnia ulula

Glaucidium passerinum

Strix nebulosa

Strix uralensis

Asio flammeus

Aegolius funereus

CAPRIMULGIFORMES

Caprimulgidae

Caprimulgus europaeus

APODIFORMES

Apodidae

Apus caffer

CORACIIFORMES

Alcedinidae

Alcedo atthis

Coraciidae

Coracias garrulus

PICIFORMES

Picidae

Picus canus

Dryocopus martius

Dendrocopos major canariensis

Dendrocopos major thanneri

Dendrocopos syriacus

Dendrocopos medius

Dendrocopos leucotos

Picoides tridactylus

PASSERIFORMES

Alaudidae

Chersophilus duponti

Melanocorypha calandra

Calandrella brachydactyla

Galerida theklae

Lullula arborea

Motacillidae

Anthus campestris

Troglodytidae

Troglodytes troglodytes fridariensis

Muscicapidae (Turdinae)

Luscinia svecica

Saxicola dacotiae

Oenanthe leucura

Oenanthe cypriaca

Oenanthe pleschanka

Muscicapidae (Sylviinae)

Acrocephalus melanopogon

Acrocephalus paludicola

Hippolais olivetorum

Sylvia sarda

Sylvia undata

Sylvia melanothorax

Sylvia rueppelli

Sylvia nisoria

Muscicapidae (Muscicapinae)

Ficedula parva

Ficedula semitorquata

Ficedula albicollis

Paridae

Parus ater cypriotes

Sittidae

Sitta krueperi

Sitta whiteheadi

Certhiidae

Certhia brachydactyla dorotheae

Laniidae

Lanius collurio

Lanius minor

Lanius nubicus

Corvidae

Pyrrhocorax pyrrhocorax

Fringillidae (Fringillinae)

Fringilla coelebs ombriosa

Fringilla teydea

Fringillidae (Carduelinae)

Loxia scotica

Bucanetes githagineus

Pyrrhula murina (Pyrrhula pyrrhula murina)

Emberizidae (Emberizinae)

Emberiza cineracea

Emberiza hortulana

Emberiza caesia

(1) Without prejudice to the provisions of regulation 9, Import etc.

no person shall import or export, sell, transport for sale, keep for restriction.

sale or offer for sale live or dead birds or any recognizable parts or

derivatives of birds protected under these regulations

Provided that the import or export, sale, transport for sale,

keeping for sale or the offering for sale of live or dead birds or of

any readily recognizable parts or derivatives of birds shall be allowed

in respect of the species included in Schedule III (a) to these

regulations provided that any such birds have been lawfully killed

or captured or otherwise lawfully acquired

Provided further that the import or export, sale, transport

for sale, keeping for sale or the offering for sale of live or dead birds

or of any readily recognizable parts or derivatives of birds may be

authorized in accordance with the provisions of sub-regulation (6)

(c) of regulation 10 in respect of the species included in Schedule

III (b) to these regulations, provided that any such birds have been

lawfully killed or captured or otherwise lawfully acquired.

(2) Following the granting of any authorization pursuant

to sub-regulation (1) hereof, the Committee established under

regulation 10 shall verify at regular intervals that the conditions

governing the granting of such authorization continue to be fulfilled

and shall make recommendations, as necessary, to the Minister in

connection therewith.

(3) The importation of species of birds shall be in

accordance with the provisions of these regulations and without

prejudice to any other existing laws and regulations.

GAVIIFORMES

Gaviidae

Gavia stellata

Gavia arctica

Gavia immer

PODICIPEDIFORMES

Podicipedidae

Podiceps auritus

PROCELLARIIFORMES

Procellariidae

Pterodroma madeira

Pterodroma feae

Bulweria bulwerii

Calonectris diomedea

Puffinus puffinus mauretanicus (Puffinus mauretanicus)

Puffinus yelkouan

Puffinus assimilis

Hydrobatidae

Pelagodroma marina

Hydrobates pelagicus

Oceanodroma leucorhoa

Oceanodroma castro

PELECANIFORMES

Pelecanidae

Pelecanus onocrotalus

Pelecanus crispus

Phalacrocoracidae

Phalacrocorax aristotelis desmarestii

Phalacrocorax pygmeus

CICONIIFORMES

Ardeidae

Botaurus stellaris

Ixobrychus minutus

Nycticorax nycticorax

Ardeola ralloides

Egretta garzetta

Egretta alba (Ardea alba)

Ardea purpurea

Ciconiidae

Ciconia nigra

Ciconia ciconia

Threskiornithidae

Plegadis falcinellus

Platalea leucorodia

PHOENICOPTERIFORMES

Phoenicopteridae

Phoenicopterus ruber

ANSERIFORMES

Anatidae

Cygnus bewickii (Cygnus columbianus bewickii)

Cygnus cygnus

Anser albifrons flavirostris

Anser erythropus

Branta leucopsis

Branta ruficollis

Tadorna ferruginea

Marmaronetta angustirostris

Aythya nyroca

Polysticta stelleri

Mergus albellus (Mergellus albellus)

Oxyura leucocephala

B

FALCONIFORMES

Pandionidae

Pandion haliaetus

Accipitridae

Pernis apivorus

Elanus caeruleus

Milvus migrans

Milvus milvus

Haliaeetus albicilla

Gypaetus barbatus

Neophron percnopterus

Gyps fulvus

Aegypius monachus

Circaetus gallicus

Circus aeruginosus

Circus cyaneus

Circus macrourus

Circus pygargus

Accipiter gentilis arrigonii

Accipiter nisus granti

Accipiter brevipes

Buteo rufinus

Aquila pomarina

Aquila clanga

Aquila heliaca

Aquila adalberti

Aquila chrysaetos

Hieraaetus pennatus

Hieraaetus fasciatus

Falconidae

Falco naumanni

Falco vespertinus

Falco columbarius

Falco eleonorae

Falco biarmicus

Falco cherrug

Falco rusticolus

Falco peregrinus

B

GALLIFORMES

Tetraonidae

Bonasa bonasia

Lagopus mutus pyrenaicus

Lagopus mutus helveticus

Tetrao tetrix tetrix

Tetrao urogallus

Phasianidae

Alectoris graeca saxatilis

Alectoris graeca whitakeri

Alectoris barbara

Perdix perdix italica

Perdix perdix hispaniensis

GRUIFORMES

Turnicidae

Turnix sylvatica

Gruidae

Grus grus

Rallidae

Porzana porzana

Porzana parva

Porzana pusilla

Crex crex

Porphyrio porphyrio

Fulica cristata

Otididae

Tetrax tetrax

Chlamydotis undulata

Otis tarda

B

CHARADRIIFORMES

Recurvirostridae

Himantopus himantopus

Recurvirostra avosetta

Burhinidae

Burhinus oedicnemus

Glareolidae

Cursorius cursor

Glareola pratincola

Charadriidae

Charadrius alexandrinus

Charadrius morinellus (Eudromias morinellus)

Hoplopterus spinosus

Scolopacidae

Calidris alpina schinzii

Philomachus pugnax

Gallinago media

Limosa lapponica

Numenius tenuirostris

Tringa glareola

Xenus cinereus (Tringa cinerea)

Phalaropus lobatus

Laridae

Larus melanocephalus

Larus genei

Larus audouinii

Larus minutus

Sternidae

Gelochelidon nilotica (Sterna nilotica)

Sterna caspia

Sterna sandvicensis

Sterna dougallii

Sterna hirundo

Sterna paradisaea

Sterna albifrons

Chlidonias hybridus

B

Chlidonias niger

Alcidae

Uria aalge ibericus

PTEROCLIFORMES

Pteroclididae

Pterocles orientalis

Pterocles alchata

COLUMBIFORMES

Columbidae

Columba palumbus azorica

Columba trocaz

Columba bollii

Columba junoniae

STRIGIFORMES

Strigidae

Bubo bubo

Nyctea scandiaca

Surnia ulula

Glaucidium passerinum

Strix nebulosa

Strix uralensis

Asio flammeus

Aegolius funereus

CAPRIMULGIFORMES

Caprimulgidae

Caprimulgus europaeus

B

APODIFORMES

Apodidae

Apus caffer

CORACIIFORMES

Alcedinidae

Alcedo atthis

Coraciidae

Coracias garrulus

PICIFORMES

Picidae

Picus canus

Dryocopus martius

Dendrocopos major canariensis

Dendrocopos major thanneri

Dendrocopos syriacus

Dendrocopos medius

Dendrocopos leucotos

Picoides tridactylus

PASSERIFORMES

Alaudidae

Chersophilus duponti

Melanocorypha calandra

Calandrella brachydactyla

Galerida theklae

Lullula arborea

Motacillidae

Anthus campestris

Troglodytidae

Troglodytes troglodytes fridariensis

B

Muscicapidae (Turdinae)

Luscinia svecica

Saxicola dacotiae

Oenanthe leucura

Oenanthe cypriaca

Oenanthe pleschanka

Muscicapidae (Sylviinae)

Acrocephalus melanopogon

Acrocephalus paludicola

Hippolais olivetorum

Sylvia sarda

Sylvia undata

Sylvia melanothorax

Sylvia rueppelli

Sylvia nisoria

Muscicapidae (Muscicapinae)

Ficedula parva

Ficedula semitorquata

Ficedula albicollis

Paridae

Parus ater cypriotes

Sittidae

Sitta krueperi

Sitta whiteheadi

Certhiidae

Certhia brachydactyla dorotheae

Laniidae

Lanius collurio

Lanius minor

Lanius nubicus

Corvidae

Pyrrhocorax pyrrhocorax

B

Fringillidae (Fringillinae)

Fringilla coelebs ombriosa

Fringilla teydea

Fringillidae (Carduelinae)

Loxia scotica

Bucanetes githagineus

Pyrrhula murina (Pyrrhula pyrrhula murina)

Emberizidae (Emberizinae)

Emberiza cineracea

Emberiza hortulana

Emberiza caesia

(1) Without prejudice to the provisions of regulations 8 Banned methods.

and 9, no person shall hunt or attempt to hunt, take or attempt to

take any bird by making use of any of the following methods

(a) snares, limes including birdlime, poisonous or

stupefying bait, hooks or any similar substances or methods;

(b) any electrocuting devices;

(c) any artificial light sources, mirrors, devices for

illuminating targets or any sighting devices for night shooting

including an electronic image magnifier or image converter;

(d) any gas, or any electric or electronic device, especially

the use of pre-recorded bird calls;

(e) nets, including those known as

ranja, mist-nets, and any type of vertical net;

(f) any kind of cage-trap, whether with a net or not;

(g) decoy live birds which are blind or mutilated;

(h) decoy live birds held by any means except those held

by cotton string and swivel;

(i) decoys of protected birds;

(j) explosives; and

(k) semi-automatic or automatic weapons with a

magazine capable of holding more than two rounds of

ammunition

Provided that the prohibition in sub-regulation (1) of this

regulation shall be without prejudice to the provisions of

subparagraph (f), sub-regulation (2) of regulation 23.

(2) No person shall sell, offer for sale, exhibit for sale or

keep any device the use of which, is prohibited by sub-regulation

(1) of this regulation

Provided that subject to the other provisions of these

regulations and subject also to the provisions of any law for the

time being in force in Malta, in as far as any device referred to in

sub-regulation (1) of this regulation may be used for purposes other

than those to which these regulations refer, the same, offering for

sale, exhibition for sale, or keeping of any such device shall not be

prohibited solely on the basis of this regulation.

(1) Notwithstanding the provisions of paragraphs (a) and

(e) of regulation 4 and regulation 7, and without prejudice to the

provisions of regulation 9, finches may be deliberately captured by

traditional nets known as clap-nets exclusively for the purpose of

keeping them in captivity in accordance with the intermediate targets

provided for in the Treaty

Provided that any taking as may be allowed under this regulation

and the attainment of the intermediate targets provided for in the

Treaty shall be subject to any obligations arising from the said Treaty

and to any conditions and rules as may be established pursuant to

sub-regulation (6) of regulation 10, in particular paragraph (b)

thereof

Provided further that the nets referred to in sub-regulation

(1) of this regulation shall be operated solely by human intervention

without the use of electrical, electronic, or mechanical means, and

the largest size of each such net shall not in any case exceed 13.75

meters by 2.75 meters (45 feet by 9 feet)

Provided also that any such taking shall be carried out

without the intention to kill and shall not be carried out at sea or

involve hunting.

(2) The Committee established under regulation 10 of these

regulations shall decide on all the measures necessary in order to

achieve the intermediate targets referred to in sub-regulation (1)

above. The said Committee shall be assisted by the Avifauna Section

within the Malta Environment and Planning Authority in accordance

with regulation 11 of these regulations.

(1) Derogations from the provisions of regulations 4, 5, 6, Derogations.

7, 18 and 21 may be authorized where there is no other satisfactory

solution, for the following reasons

(a) in the interests of public health and safety;

(b) in the interests of air safety;

(c) to prevent serious damage to crops, livestock, forests,

fisheries and water;

(d) for the protection of flora and fauna;

(e) for the purposes of research and teaching, of re-

population, of re-introduction and for the breeding necessary

for these purposes;

(f) to permit, under strictly supervised conditions and on

a selective basis, the capture, keeping or other judicious use of

certain birds in small numbers

Provided that in authorizing any derogations, the following

must be specified

(a) the species which are subject to the derogations;

(b) the means, arrangements or methods authorized for

capture or killing;

(c) the conditions of risk and the circumstances of time

and place under which such derogations may be granted;

(d) the controls which will be carried out.

(2) The Ornis Committee established under regulation

10 of these regulations shall make recommendations to the Minister

on the authorization of such derogations where it determines that

the required conditions for authorizing any such derogations obtain.

(3) In making any such recommendations, the Ornis

Committee established under regulation 10 shall act in accordance

with the provisions of this regulation.

(4) The Ornis Committee established under regulation

10 of these regulations shall, each year, with the assistance of the

Avifauna Section, draw up a report on the implementation of this

regulation. This report shall be submitted to the Minister for his

consideration by the end of June of every year.

(1)

There shall be a committee to be known as the Ornis

Committee.

(2) The Ornis Committee shall be composed of not less

than nine members and not more than eleven members who shall be

appointed, by the Minister for a term of one year, as follows

(a) a Chairman;

(b) the Director or his representative;

(c) three persons known for their integrity who are

independent from any organization related to bird conservation

and, or hunting;

(d) two members to be nominated by an organization

representing persons licensed to hunt and, or, to take;

(e) two members to be nominated by an organization

which represents persons knowledgeable in, or working for, the

protection of avifauna;

(f) a person with knowledge of, and experience in

avifauna;

(g) a person with knowledge of and experience in hunting

and taking of birds

Provided that where there is more than one organization

which qualifies under regulation 2 of these regulations, to be

appointed as is referred to in either subparagraph (d) or (e) of this

subregulation then there shall be two members appointed in terms

of each subparagraph (d) and (e) in which case, the two members

appointed under the subparagraph, where there is more than one

organization will be appointed as follows

One member nominated by the organization having the most

members and one member nominated by the organization having

the next higher number of members

(3) (a) The committee shall be properly constituted and

may function notwithstanding any failure to nominate any or all of

the members mentioned in subparagraphs (d) and (e) of sub-

regulation (2);

(b) The members referred to in subparagraphs (a), (b),

(c), (d) and (e) of subregulation (2) hereof, shall each have one

vote;

(c) The organizations referred to in subparagraphs (d)

and (e) shall hold one vote per organization;

(d)

The other members of the Committee shall have no

vote;

(e) The Minister shall appoint a person to act as Secretary

of the Committee.

(4) The quorum of the Ornis Committee shall consist of

the Chairman and not less than half the number of voting members,

provided that where any members representing the organizations

referred to in paragraphs (d) and (e) of sub-regulation (2) are not

nominated, the Chairman shall act on his own, after consulting both

the Director and the persons mentioned in paragraph (c) of sub-

regulation (2) hereof.

(5) Subject to the provisions of sub-regulation (4) hereof,

the Chairman shall have an original vote and, where the votes are

equally divided, a second or casting vote.

(6)

The functions of the Ornis Committee shall be to –

(a) recommend to the Minister, for the species referred

to in Schedule II and in accordance with the provisions of

regulation 5, the open seasons during which hunting may be

allowed; such recommendation shall be submitted to the

Minister at least six weeks prior to the proposed start of the

open season during which hunting may be allowed;

(b) recommend to the Minister, for the species referred

to in regulation 8 and in accordance with the provisions thereof,

the open season during which taking may be allowed; such

recommendation shall be submitted to the Minister at least six

weeks prior to the proposed start of the open season during

which taking may be allowed;

(c) make recommendations to the Minister on the

authorization of derogations from the provisions of regulations

4, 5, 6, 7, 18 and 21 where necessary in accordance with the

provisions of regulation 9 and subject to the conditions specified

therein;

Following any such decisions or decisions the Ornis

Committee shall verify at regular intervals that the conditions

governing the granting of such authorization or authorizations

continue to be fulfilled.

(d) make recommendations to the Minister on the

establishment of policies and conditions in relation to the

renewal of licences for the hunting of birds and the issuing of

new licences for the hunting of birds, in accordance with the

provisions of these regulations;

(e) make recommendations to the Minister on the

establishment of policies and conditions on the confirmation

of licences to take and on the issuing of new licences to take as

may be necessary in application of regulations 8 and 9, and in

accordance with the provisions of these regulations;

(f) make recommendations to the Minister on the

establishment of policies relating to the enforcement of

regulations;

(g) make recommendations to the Minister on plans for

the management of areas for the hunting and taking of birds in

accordance with the provisions of these regulations;

(h) make recommendations to the Minister on the

establishment of policies relating to awareness programmes

associated with any matter concerning these regulations;

(i) recommend to the Minister the adoption of special

conservation measures for the conservation of the bird species

referred to in Schedule I to these regulations and for regularly

occurring migratory species not included in Schedule I in

accordance with the provisions of regulation 3, taking into

account their protection requirements in the geographical sea

and land area of Malta;

(j) draw up, as necessary, national lists of species in danger

of extinction or particularly endangered species, taking into

account their geographical distribution and make

recommendations to the Minister in connection therewith;

(k) draw up, as necessary, listings and ecological

descriptions of areas particularly important to migratory species

on their migratory routes and as wintering and nesting grounds

and make recommendations to the Minister in connection

therewith;

(l) draw up, as necessary, listings of data on the population

levels of migratory species as shown by ringing and make

recommendations to the Minister in connection therewith;

(m) develop or refine, as necessary, ecological methods

for preventing the type of damage caused by birds and make

recommendations to the Minister in connection therewith;

(n) determine, as necessary, the role of certain species as

indicators of pollution and make recommendations to the

Minister in connection therewith;

(o) study, as necessary, the adverse effect of chemical

pollution on population levels of bird species and make

recommendations to the Minister in connection therewith;

(p) recommend measures to the Minister to control and

monitor that the introduction of any species of bird not occurring

naturally in the wild state in the European territory of the

Member States of the European Union does not prejudice the

Maltese flora and fauna;

(q) carry out, as necessary, studies and, or assessments

relating to the status of the birds mentioned in Schedules I, II

and III to these regulations, which studies or assessments are

to be carried out annually;

(r) carry out studies relating to the taking of finches and

their keeping in captivity, and make recommendations, as

necessary, to the Minister in connection therewith;

(s) prepare reports related to any matter arising from these

regulations;

(t) draw up, every three years, with the assistance of the

Avifauna Section, a comprehensive report on the

implementation of these regulations. This report shall be

submitted to the Minister for his consideration

Provided that as regards paragraphs (a), (b) and (c) above,

the Minister shall, after having given due consideration to the

recommendations submitted by the Committee and exercising his

own discretion shall, by legal notice in the Gazette

(i) establish the open seasons during which hunting shall

be allowed;

(ii) establish the open seasons during which taking shall

be allowed;

(iii) decide on whether or not to authorize derogations

from the provisions of regulations 4, 5, 6, 7, 18 and 21 and the

conditions under which any such derogations are to be exercised

So however that if, when in acting under this proviso, there

exists substantial divergence between the recommendations of the

Committee and the decision or decisions taken by the Minister, the

Minister shall state in writing to the Committee the reasons for his

decision within three weeks from the publication of such decisions

in the Gazette.

(7) The Ornis Committee may, with the Minister’s

consent, delegate to the Director any of such functions as are referred

to in sub-regulation (6) of this regulation

Provided that in exercising any of the functions so

delegated, the Director shall act in accordance with the provisions

of these regulations.

(8) The Ornis Committee shall inform the Minister about

its deliberations and decisions and shall transmit to him a copy of

the minutes of the meetings.

(1) There shall be a unit within the Malta Environment

and Planning Authority, to be styled the Avifauna Section, which

shall be charged with implementing the decisions of the Ornis

Committee. The Section shall also act as Secretariat to the Committee

established under regulation 10 of these regulations and shall assist

this Committee in the performance and carrying out of its functions.

(2) The Section shall act under the day to day control

and direction of the Director

Provided that in exercising any of his functions under these

regulations, the Director shall act in accordance with the provisions

of these regulations.

(3) The Director shall be responsible for the issuing of

licences under these regulations, so however that-

(a) the Commissioner may, on grounds of public policy

and, or, of law and order, inform the Section that an individual

should not be issued with such licence; and

(b) no new licences to take shall be issued before the

31st December, 2007.

(4) The Director may not renew a licence unless and until

the permit of the previous year is handed over to the Ornis Committee

within ten working days from when the organization representing

persons to hunt and, or to take receives the permit concerned.

(5) Where decisions are taken by the Ornis Committee

as provided for in these regulations, such decisions shall, without

prejudice to paragraph (a) of sub-regulation (3) hereof and of any

other law, be binding on the Director and any other person entrusted

with the implementation of these regulations.

(6) Without prejudice to the provisions of paragraphs (a)

and (b) of sub-regulation (3) hereof, whosoever feels aggrieved by

the decision of the Director not to issue a particular licence, may

appeal to the Ornis Committee within fifteen working days from the

date when such decision is communicated to the applicant.

(7) Such appeal shall be lodged with the Secretary of the

Committee in writing, who shall acknowledge such receipt of the

appeal in writing.

(8) In determining such appeal, the Ornis Committee may

regulate its own procedure and shall give an opportunity to both the

Director and the appellant to present their views orally or in writing.

For the purpose of such appeals the Director shall not sit on the

Ornis Committee. The decisions of the Ornis Committee shall be

final and conclusive.

(1) Without prejudice to the provisions of any other law

no person shall hunt or attempt to hunt, take or attempt to take by

any means any birds as permitted in accordance with the provisions

of these regulations, unless such person is in possession of a valid

licence as applicable, issued by the Director, and such person satisfies

all the conditions specified in the licence and in any other law

Provided that any such licence shall be issued in accordance

with and subject to the provisions of these regulations and of any

policies and conditions as may be established pursuant to sub-

regulation (6) of regulation 10.

(2) Any person who applies for a licence may be asked

to sit for a practical examination to determine his knowledge on the

use and safe carrying of fire-arms and his ability to identify birds

and his knowledge of regulations for the conservation of wild birds.

(3) Unless the Commissioner and, or the Director has

valid reasons to the contrary, and subject to the provisions of

regulation 8, whosoever is included in the register of persons who

had a licence for the taking of birds valid up to the end of July 2002,

shall have his licence for the taking of birds renewed after such date

Provided that any such renewal shall be made in accordance

with and subject to the provisions of these regulations and of any

policies and conditions as may be established pursuant to sub-

regulation (6) of regulation 10.

(4) The Director shall ensure that before a licence is

granted or renewed under these regulations, the applicant shall have

complied with the conditions listed in Schedule VI to these

regulations.

(5) (a) Such person as is licensed to hunt and, or take,

shall hand over the permit for the previous year to the

organization of persons licensed to hunt and, or take birds of

which he is a member between the 1 st and the 31 st January of

every year;

(b) All new licences or renewals of licences shall be

issued by the end of February of every year and shall be valid

for one year expiring on the last day of February of the following

year.

(6) Every person who obtains a permit for the hunting

and the taking of birds under these regulations shall participate in

the census or any other study organised by the Ornis Committee and

to answer to any question as part of the same census or study.

(1) No person may practise any activity for which a licence Payment

fees.

is required under these regulations unless he has effected the relative

payments stipulated under these regulations, and the relative licences

have been issued in his favour, in accordance with the conditions

stipulated under Schedule VI to these regulations.

(2) A permit cannot be renewed unless the person

licensed to hunt and, or to take, hands over the permit for the previous

year to the organization of which he is a member.

(3) The organization shall, within ten working days from

when it receives such permit for the previous year, hand over the

permit to the Ornis Committee.

(4) Subject to the provisions of these regulations, no

person can renew his licence to hunt and, or take birds unless he

faithfully lists in the appropriate part of the carnet de chasse, the

birds that he has hunted and, or taken each week, by Monday of the

week following the week in which the birds are hunted or taken.

(1) No person in search or in pursuit of game shall enter Entry restrictions.

any field, land, tenement or other enclosure belonging to or occupied

by third parties against their consent.

(2) It shall be presumed that there is this prohibition with

regards to any field, land, tenement or other enclosure which is sown

or planted or in which there are vegetables or fruits that are yet

unpicked or unplucked.

Unless the contrary is proved, any person who between Prohibited times

and seasons.

two hours before sunrise and two hours after sunset, or during any

closed season, is found in the open countryside, whether on his own

land or on land belonging to some other person, or outside such

land, or is found at sea carrying a fire-arm or ammunition for taking

game, shall be deemed to be in the actual search for or pursuit of

game.

No person shall

Person to carry

documents

while hunting,

(a) carry a fire-arm, in search for or pursuit, or hunt or

taking.

attempt to hunt any bird as permitted in accordance with these

regulations, or

(b) take or attempt to take any bird as permitted in

accordance with these regulations,

unless he is carrying with him his identity card or any other

recognized means of identification and the proper licence for

the activity issued to him under these regulations or any other

law

Provided that where any such person is not carrying such

documents with him, he shall be freed of any liability arising from

such omission if within two days he produces to the police such

document at the place indicated to him by them.

No person shall at any time keep or carry a fire-arm which

is loaded, or with cartridges in its magazine, or out of its case, unless

at a place where shooting of game is allowed.

(1)

Without prejudice to regulation 9, no person shall

(a) during the closed season for the hunting of birds not

at sea, hunt or attempt to hunt any bird, or carry ammunition or

a fire-arm outside its case;

(b) during the open season for the hunting of birds not at

sea, hunt or attempt to hunt any bird not included in Schedule

II to these regulations;

(c) during the closed season for the taking of birds as

may be permitted in accordance with these regulations, take or

attempt to take any bird;

(d) during the open season for the taking of birds as may

be permitted in accordance with these regulations, take or

attempt to take any bird at sea;

(e) during the closed season for the hunting of birds at

sea, carry while at sea (other than while crossing between Malta

and Gozo by public transport), any ammunition or any fire-arm

licensed for game hunting;

(f)

during the open season for the hunting of birds at sea

(i) hunt or attempt to hunt, at sea, any bird which is

not included in Schedule II to these regulations;

(ii)

hunt or attempt to hunt at sea-

(aa) within, or less than, three kilometers from

the coastline, from a boat or any sea-craft, or

(bb) beyond three kilometers from the coast

from a boat or sea-craft which is being driven at more

than 5 kilometers per hour

Provided that on the open sea, for safety reasons, the use

of a boat or sea-craft with a maximum speed of 18 kilometers per

hour may be authorized for hunting;

(iii) carry at sea, within a distance of three

kilometers from the coastline, a fire-arm licensed for

hunting game which is loaded, or has cartridges in the

magazine, or is out of its case;

(iv) hunt or attempt to hunt from any sea-craft which

is not registered with the competent authorities;

(v) hunt or attempt to hunt from any sea-craft unless

in possession of a licence for that purpose from the

Commissioner;

(vi) be in possession, while at sea, of any bird, dead

or alive, or part of any bird, not included in Schedule II to

these regulations and any person who is found in possession

of any bird or part of any bird not included in Schedule II

will be presumed to have hunted, caught or taken such bird

in violation of these regulations, unless the contrary is

proved;

(vii) launch, and haul on land, sea-craft used for

hunting birds at sea other than from those places indicated

in the licence mentioned in subparagraph (v) of this

paragraph;

(g) no person shall, while in or on any motor vehicle or

aircraft, be in possession of any fire-arm which is loaded or

outside its case, or go in pursuit of any bird, or hunt or attempt

to hunt, take or attempt to take any bird.

(2) (a) No person shall carry a fire-arm, whether loaded

or not, that is not in its case, or discharge any fire-arm, while

within 200 meters from any town or village, or other inhabited

area, or within a distance of 50 meters from main or arterial

roads

Provided that this distance of 50 meters shall not apply in

the case of secondary roads and country lanes

Provided further that the fire-arm is not aimed in the

direction of the road, whether main, arterial, secondary or a country

lane.

(b) No person shall be in possession of any fire-arm,

licenced for hunting game, which has a magazine capable of

holding more than two shots at any time.

(1) No person shall, between two hours after sunset and

two hours before sunrise of the next following day, hunt or attempt

to hunt, take or attempt to take any bird by any means, or carry a

fire-arm which is loaded, or out of its case.

(2) No person shall hunt or attempt to hunt any bird by any

means on Sundays and Public Holidays after 1 o’clock in the

afternoon (1.00 p.m).

No person shall

(a) keep or confine any bird whatsoever in any cage or

other receptacle which is less than 250mm in height, 250mm in

length and 150mm in breadth, and which, considering the size

of the bird, is not large enough to permit the bird to stretch its

wings freely

Provided that this paragraph shall not apply to poultry or

to the keeping or confinement of any bird –

(i) while such bird is undergoing treatment by a

veterinary surgeon;

(ii) during the open season for taking when the cage

should not be less than 190mm in length, 130mm in breadth

and 120mm in height;

(b) promote, permit, assist or take part in any event

whatsoever in the course of which captive birds are liberated

for the purpose of being shot at on their release.

(1) Subject to the provisions of these regulations, no Taxidermy.

person shall stuff or mount any bird or act as a taxidermist, whether

for commercial purposes or for a personal purpose, or be in

possession of tools, chemicals or other equipment which is used or

is normally used for taxidermy, without a licence issued by the

Director.

(2) Without prejudice to the provisions of regulation 9

hereof, no taxidermist shall mount or stuff any bird except those

which are included in Schedule III to these regulations.

(3) Every taxidermist shall keep a register in which he

shall clearly indicate against the date of entry the owner of any bird

or birds, his address and identity card number, the type of species of

bird or birds to be stuffed, which details are to be endorsed by the

owner himself.

(4) Any bird found in the possession of a taxidermist in

contravention of sub-regulation (3) of this regulation, shall be deemed

to be the sole property of such taxidermist.

(5) Without prejudice to the provisions of regulation 9

hereof, it shall not be lawful for any person to possess any stuffed

bird or birds whose species is not included in Schedule III to these

regulations and which have not been registered with the Section

within the time prescribed in sub-regulation (6) hereof.

(6) Any person who has in his possession any stuffed

bird or birds, as referred to in sub-regulation (5) hereof, that were

not registered before such date as the Minister may prescribe, shall

register an application with the Director so that the Director may

issue an official certificate listing the stuffed birds in such person’s

possession, and no action shall be taken under these regulations or

under any other law, against persons who apply before such date.

(7) The application mentioned in sub-regulation (6) of

this regulation shall list the stuffed birds in such a way that the

Director may issue an official certificate listing the stuffed birds in

the applicant’s possession.

(8) The certificate shall only be issued after the

confirmation of the number and the identification by the Director of

the species of stuffed birds which are in the applicant’s possession.

(9) No person may falsify any identification device made

by the Director, relating to any stuffed bird, for the purposes of this

regulation.

No person shall sell, offer for sale, carry, be in possession

of, hunt or use, import or manufacture any cartridge loaded with

lead shots of any size greater than 3.2 mm in diameter.

(1) Notwithstanding the provisions of paragraphs (a) and

(e) of regulation 4, bird-ringers may take any bird for the purposes

of research and teaching, of re-population, of re-introduction and

for the breeding necessary for these purposes.

(2) Bird-ringers may only take birds subject to the

following conditions

(a) no person shall act as a bird-ringer without a licence

from the Director issued to him in accordance with the

provisions of these regulations;

(b) no person other than a bird-ringer shall take any bird

for the purpose of ringing or marking it;

(c) no person may use any ring on any bird other than a

ring approved by the Director;

(d) a bird-ringer may take any bird for ringing or marking

at any time of the day or of the year, and may also take such

bird for such purpose in a bird sanctuary;

(e) a bird-ringer who takes a bird to ring or mark it shall

release it immediately he has so ringed or marked it and taken

the necessary information;

(f) notwithstanding the provisions of paragraphs (d) and

(e) of sub-regulation (1) of regulation 7, a bird-ringer who takes

a bird to ring or mark it, or to examine any ring or mark on the

bird, may, for this purpose, use mist-nets, pre-recorded bird calls

or any other means, arrangements or methods as may be

authorized in accordance with the provisions of sub-regulation

(6) (c) of regulation 10 of these regulations.

(3) Mist-nets are to be imported with the approval of the

Director, who shall keep a record of bird-ringers who use them, as

well as the number of mist-nets in their possession.

(4)

No bird-ringer can use live birds as decoys.

(5) Besides the licence mentioned in paragraph (a) of sub-

regulation (2) of this regulation, an applicant shall

(a) have a training certificate from a ringing scheme

which is accepted by EURING – The European Union for Bird

Ringing;

(b) have the approval for a licence from a bird ringing

scheme recognized by EURING;

(c)

not be in possession of a licence to hunt and, or, to

take.

Except as provided in paragraph (d) of sub-regulation (2) Bird sanctuaries.

of regulation 23 of these regulations no person

(a) shall hunt, injure, take or try to hunt, injure or take

any bird in a bird sanctuary;

(b) shall, at any time and by any means whatsoever, have

in his possession or under his control any bird, dead or alive, or

part of a bird, in a bird sanctuary;

(c) shall have in his possession or under his control, any

fire-arm, ammunition, decoys, net or any other means to hunt,

or take any bird in a bird sanctuary

Provided that the foregoing shall not apply to any person

licensed to hunt or to take in accordance with the provisions of these

regulations, who, while on a moving vehicle, is carrying a fire-arm

which is unloaded and without any cartridges in the magazine, and

inside its case, or who has nets for taking birds while passing through

the main roads of a bird sanctuary.

(1) The Director may order the owner, tenant or other Demolition of

hides.

person who is making use of, or is in possession of land on which

any hide or other hiding place intended to be used for shooting or

taking of birds has been constructed or built, to demolish, within

such time as the Director may determine, any such hide or other

hiding place if it has been so constructed or built in a bird sanctuary,

or within the limits indicated in paragraph (a) of sub-regulation (2)

of regulation 18 of these regulations.

Nothing in these regulations is intended to affect clay-

pigeon shooting organized by shooting clubs registered with the

Commissioner and held according to a licence and conditions laid

down by the Commissioner, provided that all participants are in

possession of a licence to carry a fire-arm.

PART II

(1)

Any person:-

(a) who fails to comply with any provision of these

regulations or with any order lawfully given in terms of any

provision of these regulations; or

(b) who contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) who acts in contravention of any provision of these

regulations; or

(d) who conspires or attempts, or aids, abets, counsels

or procures any other person to contravene the provisions of

these regulations or to fail to comply with any such provisions

(including any order lawfully given in terms of any provision

of these regulations) or to contravene any restriction, prohibition

or requirement imposed by or under these regulations, shall be

guilty of an offence against these regulations.

(2) Any person who commits an offence against

regulations 4 (b), 18 (1)(f)(ii)(aa) and 24 (1) of these regulations

shall be liable

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

fifty Maltese liri (Lm50) but not exceeding one thousand

Maltese liri (Lm1,000) and the confiscation of the corpus delicti.

The Court may also order the suspension of the licence or permit

for a period of not less than one year;

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

of not less than one hundred Maltese liri (Lm100) but not

exceeding two thousand Maltese liri (Lm2,000) or to

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

such fine and imprisonment and also the confiscation of the

corpus delicti. The Court may also order the suspension of the

licence or permit for a period of not less than one year but not

exceeding three years.

(3) Any person who commits an offence against any other

regulation not mentioned in sub-regulation (2) of this regulation,

shall be liable

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

fifty Maltese Liri (Lm50) but not exceeding five hundred

Maltese liri (Lm500);

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

of not less than one hundred Maltese liri (Lm100) but not

exceeding one thousand Maltese liri (Lm1,000) or to

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

such fine and imprisonment as well as the confiscation of the

corpus delicti. The Court may also order the suspension of the

licence or permit for a period of not less than one year but not

exceeding three years

Provided that any person who commits an offence against

any other regulation not mentioned in sub-regulation (2) of this

regulation, which offence involves any bird included in Schedule I

to these regulations, shall be liable to a punishment according to

sub-regulation (2) of this regulation.

(4) Notwithstanding the provisions of section 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be taken before the Court of Magistrates (Malta) or the Court

of Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts of criminal judicature.

(5) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall always have a right of appeal to the Court

of Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.

PART III

Where any person or body responsible for the performance Omissions by

responsible

of these regulations fails to perform any tasks or functions as are persons.

assigned to it under these regulations within the prescribed time

period, if any, the Minister may proceed to take action as he may

deem expedient, without prejudice to the possibility of making any

charges upon the performance by such person or body of the tasks

or functions assigned to it.

Save for the definition of “closed season” and the

provisions regulating the wild rabbit, the Protection of Birds and

Wild Rabbit Regulations, 1993 are hereby repealed

Provided that the definition of “closed season” of the

Protection of Birds and Wild Rabbit Regulations, 1993 shall continue

to apply until and including the 22nd May 2006

Provided further that, with the exception of sub-regulations

(6), (7) and (8) of regulation 2B of the Protection of Birds and Wild

Rabbit Regulations, 1993, where in any provision regulating the wild

rabbit in the Protection of Birds and Wild Rabbit Regulations, 1993

there is a reference to the Ornis Committee, any such reference shall

be construed as a reference to the Director

Provided also that notwithstanding its repeal –

(a) anything that has lawfully been done by virtue of the

Protection of Birds and Wild Rabbit Regulations, 1993 shall remain

in force, except insofar as it is inconsistent with any of the provisions

of these regulations;

(b) any liability to any penalty under any of the provisions of

the Protection of Birds and Wild Rabbit Regulations, 1993 shall

continue to subsist notwithstanding the repeal of the said regulations.