253 tal-2014 - Regolamenti tal-2014 dwar il-Konservazzjoni tal-Għasafar Selvaġġi (Qafas biex tiġi permessa Deroga li Tiftaħ l-Istaġun fil-Ħarifa għall-Insib tal-Għasafar tal-Għana)

L.N. 253 of 2014

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Framework for Allowing a

Derogation Opening an Autumn Live-Capturing Season

for Finches) 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:-

(1)

The title of these regulations is the Conservation of

Wild Birds (Framework for Allowing a Derogation Opening an

Autumn Live-Capturing Season for Finches) Regulations, 2014.

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

framework for allowing a derogation for opening an Autumn live-

capturing season for Finches in terms of regulation 9(1)(f) of the

Conservation of Wild Birds Regulations, hereinafter referred to as

"the Wild Birds Regulations".

Finches

SCIENTIFIC NAME

MALTESE NAME

ENGLISH NAME

1. Ġojjin

Linnet

Carduelis cannabina

2. Gardell

Goldfinch

Carduelis carduelis

3. Verdun

Greenfinch

Carduelis chloris

4. Ekra

Siskin

Carduelis spinus

5. Taż-Żebbuġ

Hawfinch

Coccothraustes

coccothraustes

6. Sponsun

Chaffinch

Fringilla coelebs

7. Apparell

Serin

Serinus serinus

(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 finch live-capturing licence" means a licence issued in

accordance with regulation 5 and shall, for the purposes of the Wild

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

"Autumn finch live-capturing season" means a period in which

the live-capturing of finches is permitted during an autumn season

which may be established in terms of regulation 4;

"finch" or "finches" means birds belonging to the species listed

in Schedule I;

"hybrid" or "hybrids" means any crossing between two finches

from the Fringillidae family or between a Fringillidae species and the

domestic canary (Serinus canaria domestica);

"licensee" means a natural person aged 18 years or over who is

in possession of a valid Autumn live-capturing licence issued under

these regulations;

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

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

"live-capturing site" or "site" shall mean 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;

"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 38 square metres, 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;

"live-decoy" or "live-decoys" means any finch specimen listed

in Schedule I and, or hybrids used by the live-capturer as call birds

(għajjat) including those held by cotton string and swivel (taħrik);

"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 S.L. 504.73

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 the Conservation of Wild Birds

Regulations.

Bag limits

When establishing the total number of finches which may be

live-captured during an Autumn live-capturing season, the Minister

shall set the total bag limit at less than 1% of the total annual

mortality of the reference population of each species within the

territory of the European Union on the basis of latest available

scientific data pertaining to ring recoveries.

Provided that the maximum bag limit for an Autumn finch live-

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

numbers

SPECIES

NATIONAL BAG LIMIT

Linnet

12,000

Goldfinch

Greenfinch

4,500

Siskin

2,350

Hawfinch

Chaffinch

5,000

Serin

2,350

The above maximum numbers shall be revised and updated by

the Minister, by notice in the Gazette, by taking into consideration the

conservation status of the seven species concerned and the

maintenance of the population of the species at a satisfactory level.

€0.99

(1)

Finches may only be captured by traditional nets Means of

capture.

known as clap-nets exclusively for the purpose of keeping them in

captivity, including for use in fairs and exhibitions, for breeding, and,

or use as live-decoys in accordance with the provisions of these

regulations

Provided that the clap-nets referred to in this sub-

regulation shall consist 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, and the largest size of each such net shall not in

any case exceed 38 square metres.

(2) Immediately upon the capture of a finch, the licensee shall

place a single-use ring on the specimen as approved by the Wild Birds

Regulation Unit for that purpose.

(3) Where the licensee is in possession of an Autumn finch-

live capturing license issued in terms of these regulations, such

licensee may use nets with a mesh size of not less than 18mm

Provided that if such licensee is in possession of both the

license issued under these regulations and the license issued in terms

of the Framework for Allowing a Derogation Opening an Autumn

live-capturing season for Song Thrush and Golden Plover, such

licensee may use nets with a mesh size of not less than 18mm for the

capture of all species allowed under the terms of both licenses, in

which case the largest net size should still not exceed 38 square

metres.

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

of the Wild Birds Regulations and for the purposes of these

regulations, the period for an Autumn finch live-capturing season for

finches shall be a maximum of seventy-three (73) days from October

to December of the same year for which the Minister may decide to

open an Autumn finch live-capturing season by means of a notice in

the Gazette

Provided that when opening an Autumn finch 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 maintenance of the population of the species concerned at a

satisfactory level, as well as consider the maximum thresholds

established in Schedule II

Provided further that, when establishing the duration of

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

the overall seasonal bag limit for each of the finch species and the

individual seasonal bag limit for each licence, and shall also decide

on whether to establish the individual daily bag limit for each licence,

to be allowed for that particular Autumn finch live-capturing

derogation.

(1)

The capturing of finches during an Autumn finch Autumn finch

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

licence.

Autumn finch live-capturing licence issued by the Wild Birds

Regulation Unit in accordance with these regulations.

(2) Autumn finch live-capturing licences issued under these

regulations shall be against the payment of a fee as established by the

Wild Birds Regulation Unit.

(3) No Autumn finch 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(s) showing the individually-marked live-

capturing station(s) from where the live-capturing will be exercised

by the licensee has been approved by the Wild Birds Regulation Unit

and registered with the Commissioner of Police.

(4) The Wild Birds Regulation Unit shall only approve a site Approval of

from where the live-capturing will be exercised if the following live-capturing

sites.

criteria are met

(a)

the live-capturing station(s) shall not be located in

a protected area;

(b)

no more than two live-capturing stations may be

registered by a live-capturer and each station shall not contain

more than two (2) pairs of clap-nets up to a total footprint of 38

square metres per each net.

(5) An application for an Autumn finch live-capturing licence

shall be submitted within the period specified for this purpose by the

Wild Birds Regulation Unit.

(1)

An Autumn finch live-capturing licence shall only Validity of the

be valid for the period in which the capturing of finches is permitted Autumn

live-capturing

during an Autumn finch live-capturing season.

licence.

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

an Autumn finch 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 declares that the overall seasonal bag limits for an

Autumn finch live-capturing season have been reached. All

licensees shall be informed immediately of such lapse and

revocation of the Autumn finch live-capturing licence by means

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

person in the application for an Autumn finch live-capturing

licence

Provided that where the overall bag limit for one or more

finch species has been reached, the Autumn finch live-capturing

licence shall lapse and be considered revoked only in respect of the

capturing of such species as soon as the Minister declares that the

overall seasonal bag limit for the Autumn finch 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 finch live-capturing

licence

Provided further that the licensee shall, immediately upon

receipt of the text message service (SMS) declaring the partial lapse,

remove from the live-capturing station all decoys pertaining to that

particular species and shall not utilise any decoys of that species for

the rest of the season.

Every Autumn finch live-capturing licence issued in terms

of these regulations shall

(a)

indicate the dates of the Autumn finch live-

capturing season;

(b)

specify that no capturing may take place between

two hours after sunset and two hours before sunrise of the

following day;

(c)

provide that no capturing shall be allowed within

protected areas;

(d)

specify that the live-capturing of finches shall be

exercised only on the sites which are approved for that purpose

by the Wild Birds Regulation Unit;

(e)

specify that each live-capturer is only authorised to Live-capturing

use not more than two live-capturing stations registered with the stations,

clap-nets and

Wild Birds Regulation Unit and that each live-capturing station mesh size.

shall not contain more than two pairs of clap-nets with a mesh

size of not less than 18mm up to a total footprint of 38 square

metres per each net even if the licensee is also in possession of a

licence issued in terms of the Framework for Allowing a S.L. 504.113

Derogation Opening an Autumn live-capturing season for Song

Thrush and Golden Plover;

(f)

provide that only one live-capturing station may be One live-

capturing

operated by the licensee at any one time;

station.

(g)

provide that the licensee shall only use traditional Clap-nets.

manually-operated selective clap-nets which consist 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;

(h)

specify that the clap-nets shall be disarmed and laid Clap-nets to be

completely flat on the ground at all times during prohibited disarmed.

hours, and dismantled upon closure of the Autumn live-

capturing season and removed from the site

Provided that when the nets are disarmed and laid

completely flat on the ground, the licensee shall take requisite

measures to ensure that no accidental entanglement of any

species occurs when the nets are not active;

(i)

specify the overall seasonal bag limits for an National bag

Autumn live-capturing season for finches as the total number of limit.

finches which may be captured under the authority of all issued

licences taken together;

Provided that the total number of each specimen of

finches which may be live-captured during an Autumn finch

live-capturing season shall be set by the Minister by notice in

the Gazette, using as a basis the figures contained in Schedule II

and taking into consideration the conservation status of the

particular species concerned and the maintenance of the

population of the species at a satisfactory level;

(j)

specify the total Autumn finch live-capturing Individual

seasonal bag limits for each licence, and any daily bag limits for seasonal

limit.

each license, provided such daily bag limit is established by the

Minister in accordance with regulation 4;

(k)

provide that the number of live-decoys within each

live-capturing station at any one time shall not exceed twenty-

one (21) finches and, or hybrids irrespective of the number of

licensees registered on the same live-capturing station, and also

provide that a live-capturing station shall not contain more than

a total of seven (7) live-decoys from the same finch species and,

or their hybrids;

(l)

provide that, without prejudice to paragraph (k), a

finch and, or its hybrid may only be used as a live-decoy if it is

fitted with a seamless closed-ring or a single-use ring approved

by the Wild Birds Regulation Unit for that purpose;

(m)

require the licensee, as soon as a finch is live-

captured, to place a single-use ring approved by the Wild Birds

Regulation Unit upon the capture of such finch and to

immediately report such catch on the number indicated by the

Wild Birds Regulation Unit for that purpose, and to also fill in

the Carnet de Chasse accordingly before leaving the live-

capturing site;

(n)

provide that any ring recoveries, including those

from the seven finch species, shall be reported by the licensee

concerned to the Wild Birds Regulation Unit as soon as possible

after the said bird is immediately released into the wild upon

capture;

(o)

provide that the live-capturing of birds other than

finches shall be strictly prohibited unless the licensee is also in

possession of an Autumn live-capturing licence in terms of the

Framework for Allowing a Derogation Opening an Autumn

live-capturing season for Song Thrush and Golden Plover and

has still not exhausted the bag limits under that licence;

(p)

require that any birds not from the species listed in

Schedule I that may be accidentally captured by the licensee

shall be immediately released by the licensee into the wild

unless such birds pertain to one of the two species listed in the

Schedule of the Framework for Allowing a Derogation Opening

an Autumn live-capturing season for Song Thrush and Golden

Plover, provided the licensee is also in possession of an Autumn

live-capturing licence issued in terms of those regulations and

has still not exhausted the bag limits under that licence;

(q)

require that the Carnet de Chasse, the site plans Carnet de

approved by the Wild Birds Regulation Unit and registered with Chasse,

plans and means

the Commissioner of Police, and the means of identification of identification.

shall be kept by the licensee together with the licence issued

under these regulations at all times whilst the licensee is at the

live-capturing site or travelling to and from the live-capturing

site;

(r)

reproduce the prohibitions provided for in Prohibitions.

regulations 18 and 20 of the Wild Birds Regulations, without

prejudice to any other prohibition laid down in the same

regulations;

(s)

require that any legal restriction or obligation, Compliance

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

restriction or

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

complied with by the licensee;

(t)

reproduce the provisions of regulation 6;

Provisions of

regulation 6.

(u)

provide that during the open season any finches/ Size of cages.

hybrids used as live-decoys and finches caught from the wild

shall not be kept in cages smaller than 190mm in length, 130mm

in width and 120mm in height.

(1)

For the time when an Autumn finch live-capturing Enforcement.

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 used for live-capturing, the

Carnet de Chasse, the Autumn finch live-capturing licence, any other

live-capturing 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 7(j) and the obligations provided for in

regulation 7(m), only the number of birds established by regulation

7(k) 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 fitted with a single-

use ring in terms of regulation 7(l).

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

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

Wild Birds Regulation Unit. 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 on duty during all hours for which an Autumn

finch live-capturing season is open. If applicable, outside these hours,

at least two (2) police officers 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 finch 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 shall be on duty during the hours of daylight.

Any person who fails to comply with any provision of

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 finch 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 Birds Regulations

Provided that where the offence falls under the scope of

regulation 27A of the Wild Birds Regulations, such an offence shall

be subject to the procedure stipulated therein and the penalties

stipulated in Schedule VIII of the Wild Birds Regulations.

The provisions and conditions laid down in these

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.