221 tal-2010 - Regolamenti tal-2010 dwar il-Konservazzjoni ta’ Għasafar Selvaġġi

L.N. 221 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Conservation of Wild Birds

(Framework for Allowing a Derogation Opening a Spring

Hunting Season for Turtle Dove and Quail)

Regulations, 2010

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

of the Environment Protection Act, the Prime Minister has made

the following regulations –

The title of these regulations is the Conservation of Wild

Birds (Framework for Applying a Derogation Opening a Spring

Hunting Season for Turtledove and Quail) Regulations, 2010.

Terms and expressions used in these regulations, unless Interpretation.

the context otherwise requires, shall have the same meaning as

given to them in the Conservation of Wild Birds Regulations, 2006,

hereinafter referred to as the “2006 Regulations”.

For the purposes of the second proviso to regulation 10(6) Spring hunting season.

of the 2006 Regulations and for the purposes of these regulations,

the period for the hunting of turtledove and quail, hereinafter in

these regulations referred to as “the spring hunting season”, shall

be a maximum of three weeks in April of the year for which the

Minister may decide to open the spring hunting season by means

of a notice in the Gazette.

(1) The hunting of turtledove and quail during the

spring hunting season shall be prohibited except by virtue of

a Spring Hunting Licence issued in accordance with these

regulations.

(2) The number of Spring Hunting Licences which

may be issued under these regulations shall not exceed 2,500 and

shall be against payment of a fee not exceeding fifty euro (€50) for

each licence.

(3) Where the number of applications for a Spring

Hunting Licence exceeds 2,500 the licences shall be assigned

as determined by means of a lottery drawn from among the

applicants.

(4) For an applicant to be eligible for a Spring Hunting

Licence that applicant must be in possession of a valid carnet de

chasse.

(1) Every Spring Hunting Licence shall

(a) set the overall bag limit for the spring hunting

season for quail and for turtledoves as the total number of

birds which may be hunted under the authority of all issued

licences taken together. The total number of quail and

turtledoves which may be hunted during the spring hunting

season of a particular year shall be set by the Minister by

notice in the Gazette, using as a basis the figures contained in

Annex I to these regulations;

(b) set the daily bag limit of birds and the total spring

hunting season bag limit per licence;

(c) require the licensee to wear an identification

armband bearing the licence number and to carry on his

person the Spring Hunting Licence while in search or in

pursuit of birds;

(d) require the licensee, as soon as a bird is shot,

to inform by means of a text messaging service (sms) to a

number indicated by the Director and to fill in the carnet de

chasse accordingly before leaving the hunting zone;

(e)

indicate the dates of the spring hunting season;

(f) provide that the hunting of birds other than quail

and turtledoves shall be prohibited;

(g) reproduce the prohibitions provided for in

regulations 4 and 18 of the 2006 Regulations without

prejudice to any other prohibition laid down in the same

regulations;

(h) provide that hunting can only take place from

Monday to Saturday from two hours before sunrise to noon;

(i) provide that hunting on Sundays and on public

holidays is prohibited;

(j)

provide that the licence shall be suspended

forthwith if the licensee is charged with an offence under

regulation 27 of the 2006 Regulations;

(k) provide that the licence and any other hunting

licence or permit of the licensee shall be revoked and be

without any effect upon the licensee being convicted of an

offence against regulation 27 of the 2006 Regulations;

(l) provide that the validity of the licence shall lapse

and the licence shall be considered as revoked upon the

Minister by notice in the Gazette declaring that the overall

bag limit for the season has been reached;

(m) provide that if the overall bag limit for the season

for one species, hereinafter in this paragraph “the relevant

species”, has been reached before that for the other species

the validity of the licence shall lapse and the licence shall

be considered as revoked in respect of the relevant species

as soon as the Minister by means of a notice in the Gazette

declares that the overall bag limit for the relevant species has

been reached.

The Police shall carry out on-the-spot checks to ensure

that all the conditions of the licence and the provisions of the

relevant regulations are being observed and in particular shall

(a) verify that the carnet de chasse is in accordance

with regulations;

(b) ensure that hunters always wear their identification

armband and are in possession of their Spring hunting licence

while in search or in pursuit of birds during the season;

(c) ensure that bag limits and time restrictions

according to these regulations and the conditions of the

licence are complied with;

(d) ensure that hunting is being carried out only on

turtledoves and quail.

(2) Should any police officer in the course of a spot

check in accordance with this regulation find sufficient cause for

proceedings to be taken against any person under these regulations,

or other relevant regulations, that officer shall forthwith seize from

the possession of that person any firearm and ammunition and any

other weapon for hunting, the carnet de chasse, the Spring hunting

licence and any other hunting licence or permit, the identification

armband, and any bird found in the possession of that person in

violation of these regulations or other applicable regulations or in

violation of the conditions of any licence or permit.

(3) In pursuance of their duties under subregulation

(1) the Police may be assisted by hunting marshals appointed for

this purpose by the Director. The hunting marshals so appointed

shall have the same duties and powers vested in the Police by

subregulation (1).

The provisions and conditions laid down in these

regulations shall be without prejudice to the 2006 Regulations to

the extent that the latter are not inconsistent with these regulations

in which case, and to the extent of the inconsistency, these

regulations shall prevail.

ANNEX 1

When setting the total number of quail and turtledoves which

may be hunted during the spring hunting season of a particular year

the Minister shall set the total bag limit at not more than 1% of the

total annual mortality rate of each of the species respectively but

shall not exceed the following numbers

12,000 quail

and

13,000 turtledoves

Provided that the above two maximum numbers may be

amended by the Minister, by notice in the Gazette, in order to

revise and update them by taking into consideration changes to the

conservation status of the two species.

€0.37