303 tal-2012 - Regolamenti tal-2012 dwar il-Konservazzjoni tal-Għasafar Selvaġġi (Qafas biex tiġi permessa Deroga li Tiftaħ l-Istaġun għall-Insib tal-Malvizz u l-Pluviera)

L.N. 303 of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Framework for Allowing a

Derogation Opening an Autumn Live-Capturing Season

for Song Thrush and Golden Plover) Regulations, 2012

BY VIRTUE of the powers conferred by articles 61 and 62(2) of

the Environment and Development Planning Act, the Minister for

Tourism, Culture and the Environment has made the following

regulations:-

(1)

The title of these regulations is the Conservation of

Wild Birds (Framework for Allowing a Derogation Opening an

Autumn Live-Capturing Season for Song Thrush and Golden Plover)

Regulations, 2012.

(2) The purpose of these regulations is to establish a

framework for allowing a derogation for opening an Autumn live-

capturing season for Song Thrush and Golden Plover in terms of

regulation 9(1)(f) of the Conservation of Wild Birds Regulations,

hereinafter referred to as "the Wild Birds Regulations".

When setting the total number of Song Thrush and Golden Plover which may

be live-captured during the Autumn live-capturing 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 an Autumn live-capturing

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

5,000 Song Thrush; and

1,150 Golden Plover.

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.

€0.63

(1)

Terms and expressions used in these regulations,

unless the context otherwise requires, shall have the same meaning as

given to them in the Wild Birds Regulations.

(2) Without prejudice to the provisions of sub-regulation (1),

in these regulations, unless the context otherwise requires

"Autumn live-capturing season" means the period in which the

live-capturing of birds of the relevant species is permitted during an

autumn season which may be established in terms of regulation 3;

"Autumn live-capturing license" means a licence issued in

accordance with regulation 4 and shall, for the purposes of the Wild

Bird Regulations, have the same meaning as the term "licence";

"live-capturing" has the same meaning as the terms "to take"

and "taking" in terms of the Wild Birds Regulations;

"licensee" means a person who is in possession of a valid

Autumn live-capturing licence;

"relevant species" means birds belonging to the species Song

Thrush and Golden Plover;

" xagħri" means the natural habitat types bearing codes 1240,

3140, 3170, 5330, 5410, 5420, 5430, 6220 and 8210 as listed in

Schedule I of the Flora, Fauna and Natural Habitats Protection S.L. 504.73

Regulations, and includes those areas, within Natura 2000 sites,

declared by the Director from time to time and which are delineated

in the site plans issued for this purpose by the Director;

For the purposes of the second proviso of regulation 10(6) Declaration of

of the Wild Birds Regulations and for the purposes of these Autumn

capturing

regulations, the period for the Autumn live-capturing season for the season.

relevant species shall be a maximum of eighty-three (83) days

between the month of October of the year for which the Minister may

decide to open the Autumn live-capturing season by means of a notice

in the Gazette and January of the following year

Provided that when opening an Autumn live-capturing

season, the Minister shall determine that there is no satisfactory

solution in terms of Article 9(1) of Directive 2009/147/EC of the

European Parliament and of the Council of 30 November 2009 on the

conservation of wild birds, and take into consideration the thresholds

established in the Schedule

Provided further that, when establishing the duration of

any Autumn live-capturing season, the Minister shall establish the

overall seasonal bag limit for each of the relevant species, the

individual daily bag limit for each licence and the individual seasonal

bag limit for each licence to be allowed for that particular Autumn

live-capturing derogation.

(1)

The capturing of the relevant species during an Autumn live-

Autumn live-capturing season shall be prohibited except by virtue of capturing

licence.

an Autumn live-capturing licence issued by the Director in

accordance with these regulations.

(2) Autumn live-capturing licences which may be issued under

these regulations shall be against the payment of a fee not exceeding

fifty euro (€50) for each licence.

(3) No Autumn live-capturing licence shall be issued in favour

of any person under these regulations, unless such person is in

possession of a valid carnet de chasse in terms of the Wild Birds

Regulations, and the site from where the live-capturing will be

exercised has been registered with the Commissioner of Police.

(4) An application for an Autumn live-capturing licence shall

be submitted during a period of four days specified for this purpose

by the Director.

(1)

An Autumn live-capturing licence shall be valid

only for the period in which the capturing of the relevant species is

permitted during an Autumn live-capturing season.

(2) Without prejudice to the provisions of sub-regulation (1),

an Autumn live-capturing licence shall

(a)

be suspended forthwith where the licensee is

accused of an offence under regulation 27 of the Wild Birds

Regulations;

(b)

be revoked where the licensee is found guilty of an

offence against regulation 27 of the Wild Birds Regulations; and

(c)

lapse and be considered revoked as soon as the

Minister, by means of a press release, declares that the overall

seasonal bag limits for an Autumn live-capturing season have

been reached. All licensees shall be informed immediately of

such lapse and revocation of the Autumn live-capturing licence

by means of a text message service (SMS) to the number

indicated by that person in the application for an Autumn live-

capturing licence

Provided that where the overall bag limit for one

species of either of the relevant species has been reached, the

Autumn live-capturing licence shall lapse and be considered

revoked only in respect of the capturing of such species as soon

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

overall seasonal bag limit for the Autumn live-capturing season

for such species has been reached and shall remain unaffected

with regard to the other species. All licensees shall also be

informed immediately of such partial lapse and revocation of

the licence by means of a text message service (SMS) to the

number indicated by that person in the application for an

Autumn live-capturing licence.

Every Autumn live-capturing licence issued in terms of

these regulations shall

(a)

specify the overall seasonal bag limits for the

Autumn live-capturing season for the relevant species as the

total number of birds which may be taken under the authority of

all issued licences taken together. The total number of Song

Thrush and Golden Plover which may be live-captured during

the autumn live-capturing season of a particular year shall be set

by the Minister by notice in the Gazette, using as a basis the

figures contained in the Schedule and taking into consideration

the conservation status of the two species concerned and the

maintenance of the population of the two species at a

satisfactory level;

(b)

specify the daily bag limit of birds and the total

Autumn live-capturing seasonal bag limit for each licence;

(c)

require that any birds not of the relevant species

covered by the derogation captured by the licensee shall be

immediately released by such person;

(d)

require the licensee, as soon as a bird of either of

the relevant species is live-captured, to inform by means of a

text messaging service (SMS) to a number indicated by the

Director for that purpose and to fill in the carnet de chasse

accordingly before leaving the capturing site;

(e)

indicate the dates of the Autumn live-capturing

season;

(f)

provide that the live-capturing of birds, other than

the relevant species, shall be strictly prohibited;

(g)

provide that the licensee shall not, at any time, hold

or have in his possession more than a total of ten (10) birds from

the relevant species used as live-decoys, whilst at the capturing

site or when travelling to or from the capturing site. In order for

a bird to be considered as a live-decoy, it shall bear a single-use

ring which is approved and provided for that purpose by the

Director;

(h)

reproduce the prohibitions provided for in

regulations 4, 18 and 20 of the Wild Birds Regulations, without

prejudice to any other prohibition laid down in the same

regulations;

(i)

without prejudice to the time restrictions set by

regulation 19 of the Wild Bird Regulations, provide for any

further time restrictions that may be applicable during the

Autumn live-capturing season;

(j)

provide that any ring recoveries shall be reported

by the licensee concerned to the Director as soon as possible

after the said bird is captured and released;

(k)

provide that no capturing shall be allowed on

xagħri in Natura 2000 sites;

(l)

specify the authorised site/s from where the

licensee is permitted to exercise live-capturing by virtue of the

Autumn live-capturing licence;

(m)

provide that the licensee shall only use traditional

manually operated selective clap-nets with the mesh-size of the

net of not less than 30mm square which are operated solely by

human intervention without the use of electrical, electronic, or

mechanical means;

(n)

require that the carnet de chasse is kept in

accordance with all the relevant regulations by the licensee;

(o)

require that any legal restriction or obligation,

including with regard to place, dates, days, times and bag limits,

as well as the conditions set out in the licence, are strictly

complied with by the licensee;

(p)

reproduce the provisions of regulation 5.

(1)

For the time when an Autumn live-capturing

season is open, the Police shall carry out on-the-spot checks to ensure

that the conditions and contents of the licence, the provisions of these

regulations and the provisions of the Wild Birds Regulations are

being observed.

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

carried out in terms of sub-regulation (1), 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 equipment, weapon or ammunition used

for hunting or live-capture, the carnet de chasse, the Autumn live-

capturing licence and any other taking or hunting licence or permit,

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

Provided that, for the purposes of enforcement of the limits

referred to in regulation 6(b) and the obligations provided for in

regulation 6(d), only the number of birds established by regulation

6(g) shall be deemed to be live-decoys. Where, during the course of a

spot-check, the number of birds found in the possession of a licensee

exceeds such number, any bird which is found to be in excess of such

number shall be deemed to have been captured by the licensee that

same day, notwithstanding that such bird may be ringed in terms of

regulation 6(g).

(3) In pursuance of their duties under these regulations the

Police may be assisted by marshals appointed for this purpose by the

Director. The marshals so appointed shall have the same duties and

powers vested in the Police by sub-regulations (1) and (2)

Provided that for every one thousand (1,000) licences

issued in accordance with these regulations, there shall be a minimum

of seven (7) officers and, or marshals, on duty during all hours for

which an Autumn live-capturing season is open. If applicable, outside

these hours, at least two (2) police officers and, or marshalls, shall be

on duty during the hours of daylight.

(4) The Police, assisted by marshals as may be necessary, shall

continue to carry out on-the-spot checks until at least two weeks

following the end of an Autumn live-capturing season, in order to

prevent illegal capture. Following the closure of an Autumn live-

capturing season, for every one thousand (1,000) Autumn live-

capturing licences issued that year, a minimum of three (3) police

officers and, or, marshals shall be on duty during the hours of

daylight.

Any person who fails to comply with any provision of Offences.

these regulations, with the contents of the licence or with any order

lawfully given in terms of any provision of these regulations or any of

the conditions of the Autumn live-capturing licence shall be guilty of

an offence and shall, upon conviction, be liable to the penalties

established by regulation 27 of the Wild Bird Regulations.

The provisions and conditions laid down in these Saving.

regulations shall be without prejudice to the Wild Birds 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.

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