207 tal-2014 - Regolamenti tal-2014 dwar il-Ħarsien tal-Fenek Selvaġġ

L.N. 207 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Protection of Wild Rabbit Regulations, 2014

BY VIRTUE of the powers conferred by articles 61, 66, and 93

of the Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change has

made the following regulations:-

The title of these regulations is the Protection of Wild

Rabbit Regulations, 2014.

Special Procedures

Offence

Failure to return completed licence to Wild Birds Regulation €50

Unit within ten days from the end of the period for which it has

been issued.

Failure to declare hunting of wild rabbit in carnet de chasse €50

before leaving the hunting area.

Failure to declare wild rabbits hunted or taken in carnet de €50 per

chasse.

Failure to provide documentary proof that the land where €250

shooting and, or capture of wild rabbit is practiced during the

open season during the period from 1st June until 31st August of

any year, inclusive of both dates, is registered with the Ministry

responsible for agriculture, and, or failure to provide

documentary proof that the title-holder of such land has

consented, in writing, to the practicing of such activity.

Hunting without the relevant licence/identity documentation €250

and, or documentation required under regulation 4(e) of these

regulations and failure to produce such documentation to the

Police within two days; however this fine shall not apply in the

absence of a valid licence to hunt or to take, in which case the

offender shall be charged before the Court of Magistrates.

Possession of firearm having a magazine capable of holding €250

more than two rounds of ammunition.

Use of unmuzzled ferrets during capturing of wild rabbit.

For the purpose of these regulations and unless the context

otherwise requires

"the Act" means the Environment and Development Planning

Act;

"air rifle" means a weapon which fires projectiles by means of

compressed gas and, or air;

"carnet de chasse" means a permit issued in accordance with the

criteria shown in Schedule I, which permit also includes an annual

census of rabbits captured or hunted from the wild in accordance with

the provisions of these regulations;

"closed season" means those periods which fall outside the open

season during which no shooting or capturing of wild rabbit shall be

allowed;

"Commissioner" means the Commissioner of Police;

"dog" means a dog trained or bred to assist a person in finding

or retrieving wild game;

"inhabited area" means any area in which there is an

aggregation of houses inhabited or capable of being inhabited by

more than one hundred persons;

"licence" includes carnet de chasse;

"open season" means the period as established in regulation 6,

during which the shooting or capture of wild rabbit shall be allowed;

"organisation representing persons licensed to shoot or capture

wild rabbit" means an organisation having paid-up members, a

statute, a committee which is elected at least once every three years,

is enrolled with the Commissioner for Voluntary Organisations and

which has its accounts verified and certified by a qualified auditor

and approved by the general meeting of the organisation;

"pellet" means a projectile designed to be fired from an air rifle;

"rabbit net" or "net" means a net used exclusively to capture

wild rabbit and no other species whatsoever; such net shall have a

mesh size not smaller than 40mm and is to be operated manually by

the person licensed to capture or shoot wild rabbit;

"restricted area" means any of the Bird Sanctuaries and, or

beaches listed in Schedules V and VII of the Conservation of Wild S.L. 504.71

Birds Regulations, and, or within a distance of 50 metres from main

or arterial roads, areas within 200 metres from towns, villages and

other inhabited areas, as well as the area at Rdum tal-Madonna

designated on site plan enclosed in Schedule III or any other area

designated as such by the Minister through a notice in the Gazette;

"shooting" means to hunt by using a fire-arm or any other

weapon for hunting, which by burning propellant or by means of

compressed air, fires a projectile or projectiles;

"shot" means projectiles, contained in a cartridge, excluding the

gun powder and wad;

"shotgun" means a weapon which fires projectiles by burning

propellant;

"to capture" or "capturing" means to capture live specimens of

wild rabbit using nets, dogs and, or ferrets and does not include to

shoot, shooting and the use of firearms or air rifles;

"weapon" means an air rifle or a shotgun;

"Wild Birds Regulation Unit" means the Wild Birds Regulation

Unit established in accordance with the Conservation of Wild Birds S.L. 504.71

Regulations.

Restricted area where capturing of wild rabbit is prohibited

€1.17

The wild rabbit (Oryctolagus cuniculus) is declared Protection of

wild rabbit.

protected in Malta

Provided that the capture and shooting of wild rabbit shall

be in accordance with the provisions of these regulations.

Without prejudice to regulation 8, no person shall shoot, Restrictions on

capture, kill or take, or attempt to shoot, capture, kill or take any taking

rabbit.

specimen of wild rabbit

(a)

unless such person is in possession of a licence

issued by the Commissioner and the Wild Birds Regulation Unit

to shoot and, or capture wild rabbit;

(b) during the closed season for the shooting and, or

capture of wild rabbit;

(c)

by means and methods other than those allowed in

the provisions of these regulations;

(d) unless he is carrying his identity card or any other

recognised means of identification and the proper licence for the

activity issued to him under these regulations or any other law;

as well as documentation provided for under paragraph (e)

Provided that where any such person is not carrying

such documents at the time, he shall be freed of any liability

arising from such omission if within 48 hours he produces to the

Police such documentation;

(e)

unless the land where shooting of wild rabbit is

practiced during the open season during the period from 1st

June until 31st August of any year, inclusive of both dates, is

registered with the Ministry responsible for agriculture and is

marked as such on an official site plan issued by the Ministry

responsible for agriculture, and unless the title-holder of such

land has consented, in writing, to the practicing of such activity

Provided that the provisions of this paragraph shall

not apply to capture of wild rabbit exclusively by use of dogs or

ferrets and nets, not involving the use of any gun or

ammunition

Provided further that the provisions of this paragraph shall

not apply to shooting and, or capture of wild rabbit during open

season during the period from 1st September to 31st December

of any year, inclusive of both dates;

(f)

unless he is carrying the document or documents

referred to in paragraph (e).

(1) Licences for the shooting and, or capture of wild

rabbit may be granted by the Commissioner if an applicant satisfies

the criteria set by the latter and the Wild Birds Regulation Unit.

(2) For the purpose of sub-regulation (1), the Wild Birds

Regulation Unit shall set exams to determine the knowledge of these

regulations and the use and safe-carrying of fire-arms of those

applicants, who have already satisfied the criteria set by the

Commissioner, in accordance with the provisions of Part XV of the

Code of Police Laws.

(3) Re-sits will be set for those applicants who fail the exams

established in sub-regulation (2).

(4) Sittings, including re-sits, for the exams established under

the provisions of sub-regulations (2) and (3) shall be set against the

payment of a fee, the value of which shall be published by the

Minister in the Gazette.

(5) The Commissioner shall be responsible for issuing the

licences for the shooting and, or capture of wild rabbit to those

applicants who pass the exams set by the Wild Birds Regulation Unit.

(6) No person shall be issued with a licence or have his licence

renewed, unless such person

(a)

has effected all the necessary payments as required

by these regulations, including having paid for and obtained the

necessary licences required under Part XV of the Code of Police Cap. 10.

Laws;

(b)

is a member of a recognised hunting organisation;

(c)

in the case of shooting, holds an insurance policy

against third party risks to persons or damage to property;

(d) in the case of licence renewal, has handed over the

carnet de chasse for the previous year to the Wild Birds

Regulation Unit;

(e)

without prejudice to the provisos to regulation 4(e),

has had the applicable documents referred to in regulation 4(e)

endorsed by the Commissioner, provided that should the

circumstances associated with such documents change during

the validity of the licence, the licensee shall immediately inform

the Commissioner and provide revised documents for

endorsement as the case may be.

(7) Every person who obtains a license for the shooting and, or

capture of wild rabbit under these regulations shall faithfully

participate in the census done yearly through the carnet de chasse

system or any other study organised by the Wild Birds Regulation

Unit and shall faithfully record all data and abide by the conditions

set out in the permit.

(8) A person licensed under these regulations shall hand over

the permit for the previous year to the Wild Birds Regulation Unit

within ten days from the end of the period for which it has been

issued. Annual licences or renewals of licences shall be issued by the

end of February of every year or by such date as the Wild Birds

Regulation Unit may prescribe.

(1) The open season for the shooting and, or capture of

wild rabbit shall be from the 1st June till the 31st December, both

days included

Provided that, through a notice in the Gazette, the Minister

may revoke or amend the duration of the open season when, on the

basis of relevant scientific knowledge, there is concern on the

conservation status of the wild rabbit and, or on the maintenance of

the population of wild rabbit at a satisfactory level.

(2) During the period established in sub-regulation (1), the

shooting of wild rabbit shall only be practised

(a)

between two hours before sunrise and two hours

after sunset from Monday to Saturday; and

(b) between two hours before sunrise and one o’clock in

the afternoon on Sundays and on public holidays

Provided that the shooting of wild rabbit between 1st

September and 31st December shall also be prohibited during such

times when the hunting of wild birds is prohibited in terms of the

Conservation of Wild Birds Regulations or any other subsidiary

legislation connected therewith or related thereto

Provided further that the prohibitions laid out in sub-

regulation (2) shall not apply to the capture of wild rabbit.

(1)

The shooting of wild rabbit can only be carried out

using

(a)

shots of size smaller than or equivalent to 3.3mm in

diameter for shotguns; and

(b)

pellets for air rifles.

(2) The capture of wild rabbit should be carried out by means

of dogs, ferrets and, or rabbit nets only

Provided that ferrets used in pursuit of the capturing

activity shall at all times be muzzled

Provided further that the use of any kind of vertical nets,

mist nets or clap nets or any other net that can be used to capture any

species other than wild rabbit is prohibited

Provided further that the nets used for the capture of wild

rabbits shall not be left unattended at any time

Provided further that whilst practicing capturing activity

during the night, licensed persons may use small sources of dimmed

light only insofar as the use of light is necessary for the capturing

activity using dogs and, or ferrets and nets, and insofar as the use of

such light shall not cause disturbance to any species other than wild

rabbit

Provided further that any use of light in pursuit of wild

rabbit with any gun is prohibited.

(3) No person shall sell, offer for sale, exhibit for sale, carry,

be in possession of, use, import or manufacture devices other than

those mentioned in the provisions of sub-regulation (1)(a) and (b) for

the purpose of shooting and, or capture of wild rabbit.

(4) Without prejudice to the Conservation of Wild Birds S.L.504.71

Regulations, and without prejudice to regulation 4(e), including the

provisos thereof, no person shall at any time keep or carry a firearm

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

unless at the place where the shooting of wild rabbit is allowed for

that person.

(5) No person shall be in possession of any firearm which is

loaded or outside its case, or go in pursuit of wild rabbit, or shoot or

attempt to shoot, capture or attempt to capture wild rabbit while in or

on any motor vehicle.

(6) No person shall carry a firearm, whether loaded or not, that

is not in its case, or discharge any firearm, while within 200 metres

from any town or village, or other inhabited area, or any restricted

area, or within a distance of 50 metres from main or arterial roads

Provided that this distance of 50 metres shall not apply in

the case of secondary roads and country lanes

Provided further that the firearm is not aimed in the

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

lane.

(7) No person licensed for shooting wild rabbit shall be in

possession of any firearm which has a magazine capable of holding

more than two rounds of ammunition at any time.

The Wild Birds Regulation Unit may, for reasons of public

health or safety, or any scientific reason, issue a permit for the

shooting and, or capture of wild rabbit during the closed season

Provided that in authorising such exceptions, the following

shall be specified

(a)

the means, arrangements or methods authorised for

capture and killing;

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

and place under which such exceptions may be granted; and

(c)

the controls which will be carried out.

No person shall

(a)

shoot and, or capture or attempt to shoot and, or

capture wild rabbit in restricted areas

Provided that, within the restricted area marked on

the site plan in Schedule III, this prohibition shall only apply to

the capture of wild rabbit;

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

his possession or under his control any wild rabbit, in a

restricted area

Provided that the foregoing shall not apply to any person

licensed to shoot and, or to capture wild rabbit 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 the capturing of

wild rabbits while passing through the main roads of a bird sanctuary.

(1) No person in search or in pursuit of wild rabbits

shall enter 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, tenement or other enclosure which is sown or

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

or unplucked.

(1)

Any person who -

Offences and

penalties.

(a)

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) contravenes any restriction, prohibition

or

requirement imposed by or under these regulations; or

(c)

acts in contravention of any provision of these

regulations; or

(d) conspires or attempts to conspire, or aids or attempts

to aid, abets or attempts to abet, counsels or attempts to counsel,

procures or attempts to procure 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 the

said regulations,

shall be guilty of an offence against these regulations.

(2) Any person who commits an offence against these

regulations shall be liable

(a)

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

five hundred euro (€500) but not exceeding two thousand and

five hundred euro (€2,500), and the confiscation of the corpus

delicti;

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

(multa) of not less than one thousand euro (€1,000) but not

exceeding five thousand euro (€5,000) 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

Provided that the Court may, in its discretion, impose a

Community Service Order on the offender in terms of the Probation Cap. 446.

Act

Provided further that the Court may also order the

suspension of the licence or permit issued under these regulations and

Part XV of the Code of Police Laws for a period of not less than two Cap. 10.

years but not exceeding five years

Provided further that any person who commits an offence

against these regulations without a valid licence shall be liable to the

punishments contemplated under paragraph (b).

(3) 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 as courts of criminal judicature.

(4) 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.

(1) Notwithstanding anything contained in these

regulations for the trial and punishments of offences and subject to

the provisions of this regulation and of Schedule II, where the Wild

Birds Regulation Unit and, or the Executive Police believe that a

person has committed an offence against these regulations as found in

Schedule IV, the Executive Police shall confiscate the corpus delicti

in terms of the Schedule and shall inform the Wild Birds Regulation

Unit which shall, within thirty days from such information, give

notice in writing to such person describing the offence of which the

person is accused, indicating the steps to be taken to remedy the

offence and the administrative penalty which he is required to pay in

respect of that offence

Provided that this regulation shall be without prejudice to

the powers granted to the Executive Police under the Criminal Code

Provided further that any person served with the notice,

who feels aggrieved by a decision of the Wild Birds Regulation Unit

under this sub-regulation, may appeal to the Administrative Review

Tribunal established under the Administrative Justice Act for a

revocation or modification of such administrative penalty, and the

return of the corpus delicti confiscated in terms of this regulation.

(2) Where a notice under this regulation has been given, the

person named in the notice may, within twenty-one days of the

service of the notice, accept responsibility for the offence specified in

the notice and within the same period, remedy the offence and pay, or

undertake in writing to pay, the penalty indicated in the notice

Provided that where the person to whom notice is given

under sub-regulation (1) does not accept or, having accepted such

responsibility, fails to remedy the offence within the time aforesaid,

ordinary criminal proceedings shall be taken against him in

accordance with regulation 11.

(3) The provisions of sub-regulations (1) and (2) shall not

apply in any case where the offence listed in Schedule II is

accompanied by any offence which is not listed in the same Schedule

including where the offence is committed in conjunction with any

other offence under these regulations, with the exception of the

administrative offences listed in Schedule II, and in such

circumstances the provisions of regulation 11 shall automatically

apply.

The provisions of these regulations shall be without any Applicability.

prejudice whatsoever to the provisions of the Majjistral Nature and S.L. 504.118.

History Park Site Regulations.

The Protection of Birds and Wild Rabbit Regulations, Revocation of

the Protection of

1993, are hereby revoked.

Birds and Wild

Rabbit

Regulations,

1993. L.N. 146 of

2013. SCHEDULE I

Carnet de Chasse

1. The Carnet de Chasse is a document that shall be entitled Carnet de

Chasse and will indicate the year in which it can be used.

2. The Carnet de Chasse shall provide for the recording of dates and

locations within which the wild rabbit is hunted and, or captured.

3. Before leaving the hunting/capturing area, the person licensed to hunt

and, or take wild rabbit shall indicate on the Carnet de Chasse the date and the

total amount of rabbits hunted or captured per occasion, even if such total is nil.

4. Each person licensed to hunt and, or capture wild rabbit is to note his

full name and surname, together with the address of his residence and a legally

valid identification document number on the Carnet de Chasse for reference

purposes.