254 tal-2014 - Regolamenti tal-2014 li jemendaw ir-Regolamenti dwar il-Konservazzjoni tal-Għasafar Selvaġġi (Qafas biex tiġi permessa Deroga li Tiftaħ l-Istaġun fil-Ħarifa għall-Insibtal-Malvizz u l-Pluviera)

L.N. 254 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

Song Thrush and Golden Plover) (Amendment)

Regulations, 2014

BY VIRTUE of the powers conferred by article 61 of the

Environment and Development Planning Act, and in terms of the

provisions of regulation 10(6)(t) of the Conservation of Wild Birds

Regulations, 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

Birds (Framework for Allowing a Derogation Opening an Autumn

Live-Capturing Season for Song Thrush and Golden Plover)

(Amendment) Regulations, 2014 and these regulations shall be read

and construed as one with the Conservation of Wild Birds

(Framework for Allowing a Derogation Opening an Autumn Live-

Capturing Season for Song Thrush and Golden Plover), hereinafter

referred to as "the principal regulations".

Sub-regulation (2) of regulation 2 of the principal

regulations shall be amended as follows

(a)

in the definition "Autumn live-capturing season",

for the words "in terms of regulation 3" there shall be

substituted the words "in terms of regulation 4";

(b)

in the definition "Autumn live-capturing license",

for the words "in accordance with regulation 4" there shall be

substituted the words "in accordance with regulation 5";

(c)

for the definition "licensee" there shall be

susbtituted the following

"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;";

(d)

immediately after the definition "live-capturing",

there shall be added the following new definitions

" "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 in terms of

regulation 5(4) 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 60 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 specimen

from the relevant species used by the live-capturer as call

birds (għajat) and those held by cotton string and swivel

(taħrik);";

(e)

for the definition "xagħri" there shall be substituted

the following

" "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

the Conservation of Wild Birds Regulations;".

Regulations 3 to 9, both inclusive, of the principal

regulations shall be renumbered as regulations 4 to 10 respectively.

Immediately after regulation 2 of the principal regulations

there shall be added the following new regulation

" Capture of the

3. (1) The relevant species may

relevant

only be captured by traditional nets known as

species.

clap-nets exclusively for the purpose of

keeping them in captivity and 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 60 square metres.

(2) Where a licensee is in possession

solely of an Autumn live-capturing license in

terms of these regulations, such licensee shall

not use any nets with a mesh size that is less

than 30mm

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 Finches, 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, provided that the largest size

of each such net shall not in any case exceed 38

square metres.".

For the words from "For the purposes of the second

proviso" to the words "and January of the following year:" in

regulation 4, as re-numbered, of the principal regulations, there shall

be substituted the following

"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 live-capturing season for

the relevant species 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 live-capturing season

by means of a notice in the Gazette:"

Regulation 5, as re-numbered, of the principal regulations Amends

regulation 5 of

shall be amended as follows

the principal

regulations.

(a)

sub-regulations (2) to (4) thereof shall be

substituted by the following

"(2) Autumn 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 live-capturing licence for the

relevant species 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 from where the live-capturing will be

exercised if the following 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

per site may be registered by a live-capturer and

each station shall not contain more than two (2)

pairs of clap-nets with the size of each net subject

to the provisions of regulation 3(2)."; and

(b)

immediately after sub-regulation (4) thereof, there

shall be added the following new sub-regulation

"(5) An application for an Autumn live-capturing

licence for the relevant species shall be submitted within

the period specified for this purpose by the Wild Birds

Regulation Unit.".

Regulation 6, as re-numbered, of the principal regulations

shall be amended as follows

(a)

paragraph (c) of sub-regulations (2) thereof shall

be substituted by the following

"(c) lapse and be considered revoked as soon as

the Minister declares that the overall seasonal bag limits

for an Autumn live-capturing season for the relevant

species 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:"; and

(b)

the provisos thereof shall be substituted by the

following

"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 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 for

the relevant species

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.".

Regulation 7, as re-numbered, of the principal regulations

shall be substituted by the following

7. Every

Autumn

live-capturing

" Licence

licence issued in terms of these regulations

contents.

shall

(a)

indicate the dates of the

Autumn live-

capturing

Autumn live-capturing season;

season.

(b)

specify that no capturing

Prohibited

hours.

may take place between two hours after

sunset and two hours before sunrise of

the following day;

(c)

provide that no capturing

Protected areas.

shall be allowed within protected areas;

(d)

specify that the live-

Live-capturing

sites.

capturing of the relevant species shall be

exercised only on the sites which are

approved for that purpose by the Wild

Birds Regulation Unit;

(e)

specify that each live-

Prohibition of

use of more

capturer is only authorised to use not

than two live-

capturing

more than two (2) live-capturing stations

stations.

registered with the Wild Birds Regulation

Unit and that each live-capturing station

shall not contain more than two (2) pairs

of clap-nets up to a total footprint of 60

square metres per each net

Provided that if the live-

capturer 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 Finches, 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,

provided that the largest size of each such

net shall not in any case exceed 38 square

metres;

(f)

provide that only one live-

One live-

capturing

capturing station may be operated by the

station.

licensee at any one time;

(g)

provide that the licensee

Clap-nets.

shall only use traditional 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

Clap-nets to be

disarmed.

shall be disarmed and laid completely flat

on the ground at all times during

prohibited hours, and dismantled upon

closure of the 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

National bag

limit.

bag limits for an Autumn live-capturing

season for the relevant species as the total

number of birds which may be captured

under the authority of all issued licences

taken together

Provided that the total

number of each specimen of the relevant

species which may be live-captured

during an autumn live-capturing season

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 particular species concerned and the

maintenance of the population of the

species at a satisfactory level;

(j)

specify the total Autumn

Individual

seasonal bag

live-capturing seasonal bag limits for

limit.

each licence, and any daily bag limits for

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.

live-decoys within each live-capturing

station at any one time shall not exceed

ten (10) birds from the relevant species

(any combination from the two species

up to a maximum of ten), irrespective of

the number of licensees registered on the

same live-capturing station;

(l)

provide

that,

without

Single-use ring.

prejudice to paragraph (k), a bird from

the relevant species may only be used as

a live-decoy if it is fitted with a single-

use ring approved by the Wild Birds

Regulation Unit for that purpose;

(m)

require the licensee, as soon

Reporting

obligation.

as a bird from the relevant species is live-

captured, to 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

Ring

recoveries.

recoveries, including those from the

relevant 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-

Protected

species.

capturing of birds other than the relevant

species shall be strictly prohibited unless

the licensee is also in possession of an

Autumn Finch live-capturing licence in

terms of the Framework for Allowing a

Derogation Opening an Autumn live-

capturing

season

for

Finches

Regulations, 2014 and has still not

exhausted the bag limits under that

licence;

(p)

require that any birds not of

Release of

birds into the

the relevant species that may be

wild.

accidentally captured by the licensee

shall be immediately released by the

licensee into the wild unless such birds

pertain to one of the seven finch species

listed in Schedule I of the Framework for

Allowing a Derogation Opening an

Autumn live-capturing season for

Finches Regulations 2014, provided the

licensee is also in possession of an

Autumn Finch 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

Carnet de

Chasse, site

Chasse, the site plans approved by the

plans and

means of

Wild Birds Regulation Unit and

identification.

registered with the Commissioner of

Police, and the means of identification

shall be kept by the licensee together

with the license 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

Prohibitions.

provided for in 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

Compliance

with any legal

restriction or obligation, including with

restriction or

obligation.

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;

(t)

reproduce the provisions of

Provisions of

regulation 6.

regulation 6;

(u)

provide that during the open

Size of cages.

season Golden Plovers used as live-

decoys and those caught from the wild

shall not be kept in cages smaller than

280mm in length, 240mm in width and

240mm in height and also provided that

during the open season Song Thrushes

used as live-decoys and those caught

from the wild shall not be kept in cages

smaller than 210mm in length, 160mm in

width and 200mm in height.".

Regulation 8, as re-numbered, of the principal regulations Amends

regulation 8 of

shall be amended as follows

the principal

regulations.

(a)

the proviso to sub-regulation (2) thereof shall be

substituted by the following

"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 ringed in terms of regulation 7(l).";

and

(b)

sub-regulation (4) thereof shall be substituted by

the following

"(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 shall be on duty during the hours of daylight.".

10 . Regulation 9, as re-numbered, of the principal regulations

shall be substituted by the following

"9.

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 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.".

Ir-regolament 9, kif enumerat mill-ġdid, tar-regolamenti Jissostitwixxi r-

regolament 9

prinċipali għandu jiġi sostitwit b’dan li ġej

tar-regolamenti

prinċipali.

"9.

Kull persuna li tonqos milli tosserva xi

dispożizzjoni ta’ dawn ir-regolamenti jew il-kontenut tal-

liċenza, jew tonqos milli tikkonforma ruħha ma’ xi ordni

mogħtija leġittimament skont xi dispożizzjoni ta’ dawn ir-

regolamenti jew xi waħda mill-kondizzjonijiet tal-liċenza għall-

insib għall-ispeċi rilevanti fil-Ħarifa tkun ħatja ta’ reat u teħel,

meta tinsab ħatja, il-pieni stabbiliti bir-regolament 27 tar-

Regolamenti dwar l-Għasafar Selvaġġi

Iżda fejn ir-reat huwa wieħed regolat bir-regolament 27A

tar-Regolamenti dwar l-Għasafar Selvaġġi, dak ir-reat għandu

jkun soġġett għall-proċeduri hemm imsemmija u għall-penali

msemmija fl-Iskeda VIII tar-Regolamenti dwar l-Għasafar

Selvaġġi.".

In the Schedule to the principal regulations, for the words

"1,150 Golden Plover." there shall be substituted the words "700

Golden Plover.".

€0.99