113 tal-2011 - Regolamenti tal-2011 li jemendaw ir-Regolamenti dwar Qafas biex Tiġi Permessa Deroga li Tiftaħ l-Istaġun għall-Kaċċa tal-Gamiem u s-Summien fir-Rebbiegħa (Emenda Nru. 2)

L.N. 113 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Framework for Allowing a

Derogation Opening a Spring Hunting Season for Turtle Dove

and Quail) (Amendment No. 2)) Regulations, 2011

BY VIRTUE of the powers conferred by articles 61 and 62 of

the Environment and Development Planning Act, the Prime Minister

has made the following regulations

The title of these regulations is the Conservation of Wild Citation.

Birds (Framework for Applying a Derogation Opening a Spring

Hunting Season for Turtledove and Quail) (Amendment No. 2))

Regulations, 2011 and these regulations shall be read and construed

as one with the Conservation of Wild Birds (Framework for Applying S.L. 504.94

a Derogation Opening a Spring Hunting Season for Turtledove and

Quail) Regulations, hereinafter referred to as "the principal

regulations".

In the proviso to regulation 3 of the principal regulations Amends

for the words "and taking into consideration the thresholds regulation

the principal

established in Annex I." there shall be substituted the words "and regulations.

taking into consideration the thresholds established in Annex I:" and

immediately thereafter there shall be added the following new

proviso

"Provided further that, when establishing the duration of

any Spring Hunting Season, the Minister shall also take into

consideration the size of the bag limit to be allowed for that

particular spring hunting derogation.".

Immediately after sub-regulation (3) of regulation 4 of the Amends

principal regulations, there shall be added the following sub- regulation

the principal

regulation

regulations.

"(4)

The application for the Spring Hunting Licence

shall be submitted during a period of forty-eight hours specified

for this purpose by the Director.".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a)

paragraph (l) thereof shall be substituted by the

following new paragraph

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

lapse and the licence shall be considered as revoked as

soon as the Minister, by means of a press release, declares

that the overall bag limit for the season has been reached.

All persons in possession of a Spring Hunting Licence

shall also be immediately informed of such lapse and

revocation of their licence by means of a text messaging

service (SMS) to the number indicated by that person in

the application for the spring hunting licence;"; and

(b)

paragraph (m) thereof shall be substituted by the

following new paragraph

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

season for one species, hereinafter in this paragraph

referred to as "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 press release declares that the overall bag limit

for the relevant species has been reached. All persons in

possession of a Spring Hunting Licence shall also be

immediately informed of such lapse and revocation of that

part of their licence by means of a text messaging service

(SMS) to the number indicated by that person in the

application for the Spring Hunting Licence.".

Regulation 6 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (1) thereof, for the words "The

Police shall carry out on-the-spot checks" there shall be

substituted the words "For the time when a spring hunting

season is open, the Police shall carry out on-the-spot checks";

(b)

sub-regulation (3) thereof shall be substituted by

the following new sub-regulation

"(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). For

every one thousand (1,000) hunters in possession of a

Spring Hunting Licence, a minimum of seven (7) police

officers and, or, hunting marshals shall be on duty during

all hours for which a spring hunting season is open.

Outside these hours at least two (2) police officers and, or,

hunting marshals shall be on duty during the hours of

daylight."; and

(c)

immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulation

"(4) The Police, assisted by hunting marshals as

may be necessary, shall continue to carry out on-the-spot

checks until at least four weeks following the start of a

spring hunting season, in order to prevent illegal hunting.

Following the closure of a spring hunting season, for every

one thousand (1,000) Spring Hunting Licence issued that

year, a minimum of three (3) police officers and, or,

hunting marshals shall be on duty during the hours of

daylight.".

Annex I to the principal regulations shall be substituted by Substitutes

Annex I to the

the following

principal

regulations.

"ANNEX 1

The Minister

Minister shall,

shall, in

in any

any case,

case, not

not open

open a a spring

spring hunting

hunting

for turtledove

turtledove or or

quail

respectively,

when when

the number

of

season for

quail

respectively,

the number

of birds

birds hunted in the previous autumn season reaches 20,000 in the

in

the

previous

autumn

season

reaches

1720,000

in

the

case

of

or quail

or 21,000

in the in

the of case

of turtledove,

considering

each

1821,000

case

turtledove,

considering

each species

species separately.

separately.

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

Provided that the maximum bag limit for a spring hunting

derogation shall, in any case, not exceed the following numbers

5,000 quails

11,000 turtledoves

The above two maximum numbers shall be amended by the

Minister, by notice in the Gazette, in order to revise and update them

by taking into consideration the conservation status of the two species

concerned and the maintenance of the population of the species at a

satisfactory level

Provided also that the Minister shall also take into consideration

the number of birds hunted during the previous autumn hunting

season, in such a way that the maximum bag limit for a spring hunting

derogation may be fully allowed in cases when the number of quails

or turtle doves hunted in the previous autumn season does not exceed

10,000 for each species respectively

Provided further that the maximum bag limit for a spring

hunting derogation should be reduced by inverse proportion to the

number of birds hunted in excess of 10,000 for each species in the

previous autumn season.".

€0.36