252 tal-2014 - Regolamenti tal-2014 li jemendaw ir-Regolamenti dwaril-Konservazzjoni ta’ Għasafar Selvaġġi (Emenda Nru. 2)

L.N. 252 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Amendment No. 2)

Regulations, 2014

BY VIRTUE of the powers conferred by articles 61 and 62 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 Conservation of Wild Citation.

Birds (Amendment No. 2) Regulations, 2014, and these regulations

shall be read and construed as one with the Conservation of Wild S.L. 504.71

Birds Regulations, hereinafter referred to as "the principal

regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

immediately after the definition "licence" there shall

be added the following new definitions

" "licensee" means a natural person aged 18 years

or over who is in possession of a valid licence issued under

these regulations;

"live-capturing site" or "site" means the area

clearly outlined on a site plan which is approved for that

purpose by the Wild Birds Regulation Unit and registered

with the Commissioner of Police which contains not more

than two (2) live-capturing stations per licensee;

"live-capturing station" means the footprint area

within the live-capturing site containing not more than two

pairs of horizontal clap-nets per live-capturing station,

with each net having an area not larger than that stipulated

in the relevant framework regulations pertaining to live-

capturing derogations, which live-capturing station may be

registered on one or more licensee and each pair of clap-

nets clearly outlined on the approved site plan;";

(b) immediately after the definition "permit" there shall

be added the following new definition

" "protected area" or "protected areas" means areas

where live-capturing is prohibited under the Conservation

of Wild Birds Regulations; the areas within Natura 2000

sites containing natural habitat types bearing codes 1150,

1210, 1240, 1310, 1410, 1420, 1510, 2110, 2210, 2220,

3140, 3170, 5230, 5330, 5410, 5420, 5430, 6220, 8210,

92A0, 92D0, 9320, 9340, 9540 and 9570 as listed in

Schedule I of the Flora, Fauna and Natural Habitats

Protection Regulations; and, areas outside Natura 2000

sites that support natural habitats, including Scheduled

Level 1 and Level 2 Areas of Ecological Importance and

Sites of Scientific Importance, provided that such

prohibition shall not apply to cultivated agricultural land

located within the boundaries of the above protected areas

and officially registered with the Department of

Agriculture prior to end of July 2014; provided further that

no live-capturing can take place on any site that has either

not been registered with the Commissioner of Police prior

to the end of December 2012, or that is not identifiable as a

live-capturing site on aerial photographs published prior to

end of December 2012; provided further that the

exemption of registered cultivated agricultural land would

not apply to areas where live-capturing is prohibited under

these regulations;";

(c)

the definition "the Treaty" shall be deleted; and

(d) the definition " "to take" and "taking" "shall be

substituted by the following

" "to take" and "taking" means live-capturing of

wild birds, in accordance with the provisions of these

regulations;".

Regulation 8 of the principal regulations shall be

substituted by the following

" Live-

(1) Any live-capturing of wild

capturing.

birds by any means whatsoever is prohibited

except by virtue of derogations authorised in

terms of regulation 9.

B B 2845

(2) Notwithstanding the provisions of

regulation 4(1)(a) and (e) and regulation 7, and

without prejudice to the provisions of

regulation 9, certain birds may be deliberately

captured by traditional nets known as clap-nets

exclusively for the purpose of keeping them in

captivity in accordance with the parameters

established by the relevant framework

regulations pertaining to live-capturing

derogations and under the terms of any special

live-capturing licences issued thereunder

Provided that the licensee shall only

use traditional manually-operated selective

clap-nets, consisting of two parallel nets spread

flat on the ground which capture birds by

clapping over each other on the ground, and

which are armed and operated solely by human

intervention without the use of any external

power means including electrical, electronic,

or mechanical means

Provided further that such live-

capturing may only take place in live-capturing

sites within the area clearly outlined on a site

plan which is approved for that purpose by the

Wild Birds Regulation Unit in terms of

regulation 5(4) and registered with the

Commissioner of Police, and which contains

not more than two (2) live-capturing stations

per licensee

Provided further that each live-

capturing station shall consist of the footprint

area within the live-capturing site containing

not more than two pairs of horizontal clap-nets

per live-capturing station, with each net having

an area not larger than that stipulated in the

relevant framework regulations pertaining to

live-capturing derogations, which live-

capturing station may be registered on one or

more licensee and each pair of clap-nets clearly

outlined on the site plan.".

4. Regulation 12 of the principal regulations shall be Amends

regulation 12 of

amended as follows

the principal

regulations.

(a)

in proviso to sub-regulation (1) thereof, for the

words "pursuant to regulation 10(6)." there shall be substituted

the words "pursuant to regulation 10(6):" and immediately

thereafter there shall be added the following new proviso

"Provided further that any such licence shall be

issued against a fee stipulated in Schedule X.";

(b) in sub-regulation (2) thereof, for the words

"conservation of wild birds." there shall be substituted the

words "conservation of wild birds:" and immediately thereafter

there shall be added the following new proviso

"Provided that such examination shall be held

against a fee stipulated in Schedule X.";

(c)

subregulation (3) thereof shall be substituted by the

following

"(3) Unless the Commissioner and, or the Wild

Birds Regulation Unit has valid reasons to the contrary,

and subject to the provisions of these regulations,

whosoever is included in the register of persons who had a

licence for the live-capturing of birds valid at any time

during the period from December 2002 up to the end of

December 2011, but has since not renewed his license in

accordance with the provisions of these regulations, may

opt to apply for a provisional live-capturing licence, which

shall be issued after effecting relevant fees stipulated in the

second proviso to sub-regulation (1) and in the proviso of

sub-regulation (2), and after the live-capturing station(s)

have been approved by the Wild Birds Regulation Unit and

registered with the Commissioner of Police in terms of

regulation 8(2)

Provided that such provisional licence shall be

automatically terminated within a period of twelve months

from the date of issuance, unless the holder successfully

passes the examination in accordance with sub-regulation

(2) within twelve months from the date of issuance of the

provisional licence."; and

(d) in paragraph (b) of sub-regulation (5) thereof,

immediately after the words "by the end of February of every

year" there shall be added the words "against payment of a fee

stipulated in Schedule X".

5. Immediately after sub-regulation (2) of regulation 19 of

the principal regulations there shall be added the following

"(3) The hunting of birds on land shall be permitted

between the 1st September of any given year and the 31st

January of the following year, between two hours before sunrise

and two hours after sunset on any day between Monday and

Saturday, and between two hours before sunrise and 1 o’ clock

in the afternoon (1:00 pm) on Sundays and Public Holidays

Provided that hunting of birds on land between the 15th

September and the 7th October of any year shall not be

permitted from Monday to Saturday between 7:00 pm and two

hours before sunrise of the following day.

(4) The hunting of birds at sea shall be permitted

between the 1st October of any given year and the 31st January

of the following year

Provided that hunting at sea between the 1st October and

7th of October of any given year shall not be permitted from

Monday to Saturday between 7:00 pm and two hours before

sunrise of the following day

Provided further that hunting of birds at sea between 8th

October of any given year and 31st January of the following

year shall be allowed between two hours before sunrise and two

hours after sunset on any day between Monday and Saturday,

and between two hours before sunrise and 1 o’clock in the

afternoon (1:00 p.m) on Sundays and public holidays.

(5) The Minister may, by means of notice in the

Gazette, revise the parameters of the hunting season in any

given year at any time on the basis of relevant latest scientific

advice concerning conservation status and maintenance of the

population of bird species at satisfactory level.".

6. Sub-paragraph (ii) of paragraph (a) of regulation 20 of the Amends

regulation 20 of

principal regulations shall be substituted by the following

principal

regulations.

"(ii) during the open live-capturing season when the cage

should not be smaller than the dimensions provided for in the

relevant framework regulations pertaining to any live-capturing

derogations for that species for which a particular derogation

applies;".

7. Schedule VIII to the principal regulations shall be Amends

Schedule VIII to

amended as follows

the principal

regulations.

(a)

the item for "11(3) and 12(5)(a)" shall be substituted

by the following

" 11(3) and

Failure to return the completed €75 where such delay

12(5)(a)

licence to the Wild Birds Regulation

does not exceed 30

Unit within ten days from the end of days from the end of

the period for which it has been

period. Where the

issued in accordance with Schedule delay exceeds 30 days,

IV of these regulations.

the provisions of

regulation 27 shall

";

apply.

(b) immediately after the item for "13(1)", there shall be

added the following new item

" 13(2)

Failure to declare all the information

in the Carnet de Chasse as required

";

by Schedule IV of these regulations.

€50

(c)

in the item for "18(2)(b)", immediately after the

figure "18(2)(b)" there shall be added the words "and 7(1)(k)".

8. Immediately after Schedule IX to the principal regulations

Adds Schedule

there shall be added the following new Schedule X

regulations.

"SCHEDULE X

Administrative Fees

Service

Fee

Issuance of new licences (Carnet de

Chasse) in accordance with regulation

12(1)

€20 per licence

Renewals of licences (Carnet de

Chasse) in accordance with regulation

12(5)

€20 per licence

Examination fee in accordance with

regulation 12(2)

€30 per examination

".

€0.54