281 tal-2015 - Regolamenti tal-2015 li jemendaw ir-Regolamenti dwaril-Konservazzjoni tal-Għasafar Selvaġġi

L.N. 281 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Conservation of Wild Birds (Amendment) Regulations, 2015

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) Regulations, 2015, and these regulations shall be

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

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)

for the definition "the Act" there shall be

substituted the following

" "the Act" means

the

Environment

and

Development Planning Act;";

(b)

in the definition " "bird" and "birds" " for the words

"naturally occurring bird or birds in the wild state" there shall be

substituted the words "naturally occurring avifauna in the wild

state"; and in the Maltese version of the proviso thereto for the

words "fil-maqful" there shall be substituted the words "fil-

magħluq";

(c)

for the definition "captive bred" there shall be

substituted the following

" "captive bred" means hatched and bred from

legally acquired parental stock in a human controlled

environment, and in the case of European territory birds it

is either close-ringed or micro-chipped;";

(d)

for the definition "closed ring" there shall be

substituted the following

" "closed ring" means a ring or band in a

continuous circle, without any break or join, which has not

been tampered with in any way, of a size which cannot be

removed from a bird specimen hatched and bred from

legally acquired parental stock in a human controlled

environment when its leg is fully grown after having been

applied in the first days of the specimen’s life, and which

has been approved by the Wild Birds Regulation Unit;";

(e)

the definition "fringillidae" shall be deleted; and

(f)

immediately after the definition "live-capturing

station" there shall be added the following new definitions

" "micro-chipped" means hatched and bred from

legally acquired parental stock in a human controlled

environment and bearing a uniquely numbered, unalterable

microchip transponder conforming to ISO Standards

11784: 1996 (E) and 11785: 1996 (E) instead of a closed

ring and shall only be used in those cases where the Wild

Birds Regulation Unit is satisfied that closed ringing is not

an appropriate marking method because of the physical or

behavioural properties of the species;

"Non-European territory bird" or "Non-European

territory birds" means any bird species which, although

naturally occurring in the wild state in any territory outside

the territory of the Member States of the European Union,

does not naturally occur in any territory of the Member

States of the European Union;".

Regulation 4 of the principal regulations shall be amended

as follows

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) for the words "Without prejudice to the

provisions of regulations 5, 8 and 9, no person shall:" there

shall be substituted the words "All species of naturally

occurring wild birds are protected. Without prejudice to

the provisions of regulations 5, 8 and 9, no person shall:";

(ii) for paragraph (e) thereof there shall be

substituted the following

"(e) be in possession or in control of or

keep any specimen of any bird, whether alive or

dead, or any recognisable parts or derivatives of

any such bird not listed in Schedule II or Schedule

III, unless he proves that such bird

(i)

has been declared with the Malta

Environment and Planning Authority or its

predecessor by the 31st May 2003 and such

person is in possession of the permits, or

certificates of registration by the Malta

Environment and Planning Authority or its

predecessor or by the Wild Birds Regulation

Unit to keep such bird in accordance with

regulation 21; or

(ii) is

lawfully

imported

in

accordance with regulation 6(1)(a); or

(iii) is taken in a Member State where

it was lawfully hunted or captured or

otherwise lawfully acquired under the terms

of Directive 2009/147/EC of the European

Parliament and of the Council on the

Conservation of Wild Birds and under the

legislation of that Member State; or

(iv)

is captive bred;";

(iii) for paragraph (f) thereof there shall be

substituted the following

"(f) be in possession or in control of or

keep any live specimen of a Non-European

territory bird, unless he proves that such bird

(i)

is

lawfully

imported

in

accordance with regulation 6(1)(b); or

(ii) is lawfully acquired in a Member

State under the terms of Directive 2009/147/

EC of the European Parliament and of the

Council on the Conservation of Wild Birds

and under the legislation of that Member

State; or

(iii) is captive bred;";

(iv) immediately after paragraph (f) there shall be

added the following new paragraph

"(g)

be in possession or in control of or

keep any carcass or part or derivative thereof of a

Non-European territory bird, unless he proves that

such bird

(i)

is

lawfully

imported

in

accordance with regulation 6(1)(b); or

(ii) is lawfully acquired in a Member

State under the legislation of that Member

State; or

(iii) is captive bred:"; and

(v) for the proviso thereof there shall be

substituted the following

"Provided that such person shall retain in his

possession and for such time as he remains in

possession of the specimen as provided for in

paragraphs (e), (f) and (g) all licences, permits,

certificates and any other documents that prove to

the satisfaction of the Wild Birds Regulation Unit

that such specimen was not obtained in

contravention of these regulations

Provided further that the prohibitions

provided for in paragraphs (e), (f) and (g) shall not

apply where the person in possession of the

specimen is the Director of Veterinary Services or

any other person authorized by the Director of

Veterinary Services and where such possession is

required for the rehabilitation, veterinary or other

treatment or culling of the specimen on veterinary

grounds."; and

(b)

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

regulation (1)(e)" there shall be substituted the words "sub-

regulation (1)(e), (f) or (g)".

Regulation 6 of the principal regulations shall be

substituted by the following

(1) Without prejudice to the provisions of

regulation 9 and any other legislation, no person shall

(a) import or export any bird specimen, whether

alive or dead, or any part or derivative thereof, unless it

was legally acquired in its country of origin or is captive

bred, and in both cases the export of which has been

authorised by the competent authorities responsible for the

species’ protection in the country of origin;

(b) import or export any Non-European territory

bird specimen whether alive or dead, or any part or

derivative thereof unless it was legally acquired in its

country of origin or is captive bred, and in all cases the

export of which has been authorised by the competent

authority responsible for the species’ protection in the

country of origin;

(c) sell, transport for sale, keep for sale and offer

for sale any live or dead specimen of a Non-European

territory bird or any part or derivative thereof unless he

proves that such specimen was lawfully imported in

accordance with the provisions of these regulations or was

captive bred;

(d) sell, transport for sale, keep for sale and offer

for sale any live specimen of a bird not listed in Schedule

III (a) and III (b) unless such bird is captive bred;

(e) sell, transport for sale, keep for sale and offer

for sale any dead bird specimen or any part or derivative

thereof of birds not listed in Schedule III (a) and III (b)

unless such bird is captive bred;

(f) sell, transport for sale, keep for sale and offer

for sale any live or dead bird specimen or any part or

derivative thereof of birds listed in Schedule III (a) unless

such birds have been lawfully killed or captured or

otherwise legally acquired;

(g) sell, transport for sale, keep for sale and offer

for sale any live or dead bird specimen or any part or

derivative thereof of birds listed in Schedule III (b) unless

authorized in accordance with the provisions of regulation

10 and such birds have been lawfully killed or captured or

otherwise legally acquired.

(2)

Following the granting of any authorization

pursuant to sub-regulation (1)(g), the Committee established

under regulation 10 shall verify at regular intervals that the

conditions governing the granting of such authorization

continue to be fulfilled and shall make recommendations, as

necessary, to the Minister in connection therewith.

(3)

Whosoever is in possession of any specimen of any

bird or any Non-European territory bird, whether alive or dead,

or part of any specimen, pursuant to sub-regulation (1) shall

retain in his possession and for such time as he remains in

possession of the specimen, as applicable, all permits,

certificates and any other documents that prove to the

satisfaction of the Wild Birds Regulation Unit that such

specimen was not obtained in contravention of these

regulations.

(4)

The importation or exportation of species of birds

and non-European territory birds shall be in accordance with the

provisions of these regulations and without prejudice to any

other existing laws and regulations.".

Sub-regulation (2) of regulation 8 of the principal

regulations shall be amended as follows

(a)

in the second proviso thereto, the words "in terms

of regulation 5(4)" shall be deleted; and

(b)

immediately after the third proviso thereto, there

shall be added the following new proviso

"Provided further that copies of the site plans

approved by the Wild Birds Regulation Unit may be given,

or the registration or changes to the approved site plans can

be effected, against an administrative fee prescribed in

Schedule X.".

Sub-regulation (4) of regulation 9 of the principal

regulations shall be substituted by the following

"(4)

The Wild Birds Regulation Unit shall draw up a

report on the implementation of this regulation. This report shall

be submitted to the Minister for his consideration by the end of

July of every year.".

Sub-regulation (6) of regulation 10 of the principal

regulations shall be substituted by the following

"(6)

The functions of the Ornis Committee shall be to -

(a) recommend to the Minister, for the species

referred to in Schedule II and in accordance with the

provisions of regulation 5, the open seasons during which

hunting may be allowed; such recommendation shall be

submitted to the Minister at least four weeks prior to the

proposed start of the open season during which hunting

may be allowed

Provided that in exceptional circumstances

determined in conjunction with the Minister, the

recommendation shall be submitted to the Minister at least

two weeks prior to the proposed start of the open season

during which hunting may be allowed;

(b) recommend to the Minister, in accordance

with the provisions of applicable regulations, and without

prejudice to the provisions of regulations 8 and 9, the open

season during which taking may be allowed; such

recommendation shall be submitted to the Minister at least

four weeks prior to the proposed start of the open season

during which taking may be allowed

Provided that in exceptional circumstances

determined in conjunction with the Minister, the

recommendation shall be submitted to the Minister at least

two weeks prior to the proposed start of the open season

during which taking may be allowed;

(c) make recommendations to the Minister on the

authorization of derogations from the provisions of

regulations 4, 5, 6, 7, 18 and 21 where necessary in

accordance with the provisions of regulation 9 and subject

to the conditions specified therein

Provided that following any such decisions the

Ornis Committee shall verify at regular intervals that the

conditions governing the granting of such authorization or

authorisations continue to be fulfilled;

(d) make recommendations to the Minister on the

establishment of policies and conditions in relation to the

renewal of licences for the hunting of birds and the issuing

of new licences for the hunting of birds, in accordance with

the provisions of these regulations;

(e) make recommendations to the Minister on the

establishment of policies and conditions on the

confirmation of licences to take and on the issuing of new

licences to take as may be necessary in application of

regulations 8 and 9, and in accordance with the provisions

of these regulations;

(f) make recommendations to the Minister on the

establishment of policies relating to the enforcement of

regulations;

(g) make recommendations to the Minister on

plans for the management of areas for the hunting and

taking of birds in accordance with the provisions of these

regulations;

(h) make recommendations to the Minister on the

establishment of policies relating to awareness

programmes associated with any matter concerning these

regulations;

(i) recommend to the Minister the adoption of

special measures for the conservation of the bird species

referred to in Schedule I and for regularly occurring

migratory species not included in Schedule I in accordance

with the provisions of regulation 3, taking into account

their protection requirements in the geographical sea and

land area of Malta;

(j) recommend to the Minister, as may be

necessary, the adoption of national lists of species in

danger of extinction or particularly endangered species,

taking into account their geographical distribution;

(k) recommend to the Minister, as may be

necessary, the drawing up of listings and ecological

descriptions of areas particularly important to migratory

species on their migratory routes and as wintering and

nesting grounds;

(l) recommend to the Minister, as may be

necessary, listings of data on the population levels of

migratory species as shown by ringing;

(m) recommend to the Minister, as may be

necessary, ecological methods for preventing any type of

damage caused by birds;

(n) determine, as necessary, the role of certain

species as indicators of pollution and make

recommendations to the Minister in connection therewith;

(o) study, where necessary, the adverse effect of

chemical pollution on population levels of bird species and

make recommendations to the Minister in connection

therewith;

(p) recommend measures to the Minister to

control and monitor the introduction of any bird species

not occurring naturally in the wild state in the European

territory of the Member States of the European Union;

(q) recommend and, or commission, as

necessary, regular studies and, or assessments relating to

the status of the birds;

(r) prepare reports related to any matter arising

from these regulations;

(s) recommend to the Minister the revision of

any parameters of any hunting or taking season at any time

on the basis of latest scientific advice concerning

conservation status and maintenance of the population of

bird species at satisfactory level, and or on the basis of the

assessment of any other factors the Committee deems

relevant

Provided that in exercise of its functions, the Ornis

committee may draw upon assistance of the Wild Birds

Regulation Unit where this is required

Provided further that the Committee may, with the consent

of the Minister, delegate specific functions prescribed in this

sub-regulation to the Wild Birds Regulation Unit

Provided further that should there a be a period when the

Committee is not constituted, the Minister may, by notice in the

Gazette, temporarily delegate the functions of the Committee to

the Wild Birds Regulation Unit until such time that the new

Committee is appointed

Provided further that as regards paragraphs (a), (b) and (c),

the Minister shall, after having given due consideration to the

recommendations submitted by the Committee and exercising

his own discretion, by notice in the Gazette -

(i) establish the open seasons during which

hunting shall be allowed;

(ii) establish the open seasons during which

taking shall be allowed;

(iii) decide on whether or not to authorize

derogations from the provisions of regulations 4, 5, 6, 7, 18

and 21 and the conditions under which any such

derogations are to be exercised

So however that if, when in acting under this proviso, there

exists substantial divergence between the recommendations of

the Committee and the decision or decisions taken by the

Minister, the Minister shall state in writing to the Committee the

reasons for his decision within three weeks from the publication

of such decisions in the Gazette.".

Regulation 11 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (1) thereof, for the words "The

Wild Birds Regulation Unit shall be established by the Minister

and shall be charged with implementing the decisions of the

Ornis Committee." there shall be substituted the words "The

Wild Birds Regulation Unit shall be established by the Minister

and shall be charged with implementing the recommendations

of the Ornis Committee and Minister’s decisions concerning

implementation of these regulations.";

(b)

in sub-regulation (3) thereof, for the words "the

previous season." there shall be substituted the words "the

previous season:" and immediately thereafter, there shall be

added the following new proviso

"Provided that the Wild Birds Regulation Unit shall

waive the administrative penalty due for the late return of

the license as established by Schedule VIII, where the

licensee returns the license within thirty days from the end

of the previous season and provides, to the satisfaction of

the Wild Birds Regulation Unit, documentary evidence

that the licensee was unable to return the license within the

ten day period stipulated in this sub-regulation due to any

of the following reasons

(a) hospitalisation or medical incapacitation

of the licensee during the entire period when the

license had to be returned to the Wild Birds

Regulation Unit; or

(b) incarceration of the licensee during the

entire period when the license had to be returned to

the Wild Birds Regulation Unit; or

(c) by reason that the licensee was abroad

during the entire period when the license had to be

returned to the Wild Birds Regulation Unit."; and

(c)

immediately after sub-regulation (7) thereof, there

shall be added the following new sub-regulation

"(8) The Wild Birds Regulation Unit shall

be responsible for the implementation,

compliance and enforcement of these

regulations. In exercising such functions, the

Wild Birds Regulation Unit may designate

officers to assist the Executive Police and any

other authority or department in the conduct of

any inspections related to the scope of these

regulations, or assist in the prosecution of any

suspected breaches of these regulations. In the

exercise of their functions, the designated

officers shall act in accordance with these

regulations and shall have all the powers

stipulated in Part VI of the Environment and

Development Planning Act.".

In sub-regulation (6) of regulation 12 of the principal Amends

regulations immediately after the words "before leaving the hunting regulation

the principal

or taking site" there shall be added the words "in accordance with the regulations.

provisions of Schedule IV"; and for the words "census or study."

there shall be substituted the words "census or study:" and

immediately thereafter there shall be added the following new

proviso

"Provided that in addition to filling in the carnet de chasse

in accordance with this sub-regulation and the provisions of

Schedule IV, every licensed person shall report hunting or

taking activity through the format specified for this purpose by

the Wild Birds Regulation Unit immediately upon making a

catch and before leaving the hunting or live-capturing area.".

In sub-regulation (5) of regulation 19 of the principal Amends

regulations, for the words "at satisfactory level." there shall be regulation

the principal

substituted the words "at satisfactory level, or any other reason which regulations.

the Minister deems to be of sufficient gravity:" and immediately

thereafter there shall be added the following new proviso

"Provided that, in its recommendation as found in

regulation 10(6)(s), the Ornis Commitee may also consider any

reason which it deems to be of sufficient gravity.".

Regulation 21 of the principal regulations shall be

Substitutes

regulation 21 of

substituted by the following

the principal

regulations.

"21. (1)

No person shall stuff or

mount any bird or Non-European territory bird

or act as a taxidermist or in any manner process

for the purpose of preservation any bird or Non-

European territory bird for commercial purposes

without a licence issued by the Wild Birds

Regulation Unit

Provided that any licences issued by the

Director of the Environment Protection

Directorate within the Malta Environment and

Planning Authority, or his successor in title,

shall remain valid until a new licence is issued

by the Wild Birds Regulation Unit

Provided further that any licenses referred

to in this sub-regulation shall be issued for a

term not exceeding three (3) years against

payment of a fee stipulated in Schedule X

Provided further that this sub-regulation

shall not apply in the case of small scale

taxidermy where not more than thirty specimens

are preserved in any given year exclusively for

personal use and not as a service provided on a

commercial basis.

(2) Without prejudice to the provisions

of regulation 9, no person shall mount or stuff or

in any manner process for the purpose of

preservation or taxidermy

(a)

any bird unless

(i) it

is

included

in

Schedule II or Schedule III; or

(ii) it was lawfully imported

in accordance with regulation 6(1)(a);

or

(iii) it was taken in a

Member State where it was lawfully

hunted or captured or otherwise

lawfully acquired under the terms of

Directive 2009/147/EC of the

European Parliament and of the

Council on the Conservation of Wild

Birds and under the legislation of that

Member State; or

(iv) it is captive bred and

closed ringed;

(b)

any Non-European territory

bird unless

(i) it was lawfully imported

in accordance with regulation 6(1)(b);

or

(ii) it is captive bred

Provided that such person shall retain in

his possession, and for such time as he remains

in possession of the specimen, all licences,

permits, certificates and any other documents

that prove to the satisfaction of the Wild Birds

Regulation Unit that such specimen was not

obtained in contravention of these regulations.

(3) Any person who keeps any bird or

Non-European territory bird to be stuffed or in

any manner processed for the purpose of

preservation or taxidermy shall keep a register in

which he shall clearly indicate against the date

of entry of every specimen, the name of the

owner of the specimen and his address and a

legally valid identification document number,

and the species of the specimen, which details

are to be endorsed by the owner of the specimen

himself.

(4) Any bird or non-European territory

bird that is found being kept by any person to be

stuffed or to be in any manner processed for the

purpose of preservation or taxidermy in

contravention of sub-regulation (3) shall be

deemed to be the sole property of such person.

(5) Without prejudice to the provisions

of regulation 9, it shall not be lawful for any

person to possess any stuffed bird of a species

that is not included in Schedules II or III or a

Non-European territory bird unless such person

retains in his possession, and for such time as he

remains in possession of the specimen, all

licences, permits, certificates and any other

documents that prove to the satisfaction of the

Wild Birds Regulation Unit that such specimen

was not obtained in contravention of these

regulations, and unless

(a)

it has been declared with the

Malta

Environment

and

Planning

Authority or its predecessor by the 31st

May 2003 and such person has been given

the permits, or certificates of registration

by the Wild Birds Regulation Unit to keep

such bird in accordance with the provisions

of this regulation; or

(b)

it was lawfully imported; or

(c)

it was taken in a Member

State where it was lawfully hunted or

captured or otherwise lawfully acquired

under the terms of Directive 2009/147/EC

of the European Parliament and of the

Council on the Conservation of Wild Birds

and under the legislation of that Member

State; or

(d)

it is captive bred.

(6) Any person who had in his

possession any stuffed bird or Non-European

territory bird that was declared by virtue of an

application to the Malta Environment and

Planning Authority or its predecessor by the 31st

May 2003 shall have his application processed

by the Wild Birds Regulation Unit, which may

issue an official certificate listing the stuffed

specimens in the applicant’s possession.

(7) The certificate shall only be issued

after all the specimens that are in the applicant’s

possession have been taxonomically identified

and marked with an identification device by the

Wild Birds Regulation Unit and, without

prejudice to any other law or regulation, no

action shall be taken under these regulations,

with respect to those specimens that have been

issued with a certificate

Provided that the certificate, permit or

authorization issued in accordance with these

regulations may be amended or revoked where it

results that it has been issued in error or that it

contains an error

Provided further that where it results that

the applicant provided false or misleading

information, or made a false or fraudulent

declaration,

the

certificate,

permit

or

authorisation shall be immediately revoked and

the perpetrator shall be liable to criminal

proceedings in accordance with terms of the

Criminal Code

Provided further that any permit, certificate

or authorisation issued for the purposes of this

regulation by the Director of the Environment

Protection Directorate within the Malta

Environment and Planning Authority, or his

successor in title, shall remain valid until a new

permit, certificate or authorisation is issued by

the Wild Birds Regulation Unit.

(8) No person may falsify, modify,

deface, destroy, dispose of, remove or in any

manner tamper with any identification device

made by the Wild Birds Regulation Unit or its

predecessor, relating to any stuffed bird or Non-

European territory bird, for the purposes of this

regulation unless the removal of such

identification device has been ordered by the

Wild Birds Regulation.

(9) No person may be in possession of

any specimen which has been afforded an

identification device by the Wild Birds

Regulation Unit or its predecessor for the

purposes of this regulation and which

identification device is false, modified, defaced,

or in any manner tampered with or which has

been destroyed, disposed of, or removed unless

the removal of such identification device has

been ordered by the Wild Birds Regulation Unit.

(10) No person may transfer or otherwise

dispose of any bird or Non-European territory

bird that was declared by virtue of an application

to the Malta Environment and Planning

Authority or its predecessor by the 31st May

2003 unless authorised in writing by the Wild

Birds Regulation Unit.

(11) Any person who has been issued with

an identification device in relation to any bird or

Non-European territory bird certified by the

Wild Birds Regulation Unit or its predecessor

for the purposes of this regulation or such

person’s successor in title shall return such

identification device as directed by the Wild

Birds Regulation Unit prior to the issuance of a

disposal permit.".

Sub-regulation (2) of regulation 27 of the principal

regulations shall be amended as follows

(a)

for the words "Any person who commits an offence

against regulations 4(b), 18(1)(a), 18(1)(c), 18(1)(e), 18(1)

f)(ii)(aa), 19 and 24 shall be liable:" there shall be substituted

the words "Any person who commits an offence against

regulations 4, 6, 18, 19, 21, and 24 shall be liable:"; and

(b)

immediately after the third proviso thereto, there

shall added the following new proviso

"Provided further that without prejudice to the

provisions of this sub-regulation, in determining the

gravity of the offence, the Court may consider, amongst

others, the following factors

(a) the impact that the offence has on the

conservation status of the affected species;

(b) the legal or administrative protection

status of the area where the offence took place;

(c) the possible damage to the ecological

balance or to the habitat as a consequence of the

offence;

(d) the impact of the offence on the general

public by nature of the time, place, species affected

or any other similar consideration inherent to the

nature of the offence;

(e)

intrinsic value of wildlife;

(f)

the

socio-economic

benefits

of

wildlife;

(g)

public interest; and

(h)

potential quantum of the illegal gain.".

Sub-regulation (4) of regulation 27A of the principal Amends

regulation 27A

regulations shall be substituted by the following

of the principal

regulations.

"(4) Where a person holding a special

license in terms of the Framework for Allowing

a Derogation Opening a Spring Hunting Season

for Turtle Dove and Quail Regulations and, or

the Conservation of Wild Birds (Framework for

Allowing a Derogation Opening an Autumn

Live-Capturing Season for Song Thrush and

Golden Plover) Regulations and, or the

Conservation of Wild Birds (Framework for

Allowing a Derogation Opening an Autumn

Live-Capturing Season for Finches) Regulations

has committed an offence in terms of this

regulation during the period of a derogation, the

special license obtained shall not be suspended

Provided that where such person is charged

or accused under regulation 27 in lieu of this

regulation, such special licence shall be

automatically suspended, and or subsequently

revoked, in terms of the Framework for

Allowing a Derogation Opening a Spring

Hunting Season for Turtle Dove and Quail

Regulations and, or the Conservation of Wild

Birds (Framework for Allowing a Derogation

Opening an Autumn Live-Capturing Season for

Song Thrush and Golden Plover) Regulations

and, or the Conservation of Wild Birds

(Framework for Allowing a Derogation Opening

an Autumn Live-Capturing Season for Finches)

Regulations.".

Schedule VIII to the principal regulations, shall be Amends

Schedule VIII to

amended as follows

the principal

regulations.

(a)

under the column entitled "Regulation", for the

figure "13(2)" there shall be substituted the figure "12(6)";

(b)

under the column entitled "Penalty", for the words

"€75 where such delay does not exceed 30 days from the end of

period. Where the delay exceeds 30 days, the provisions of

regulation 27 shall apply" there shall be substituted the words

"€75 where such delay does not exceed 21 days from the date of

service of the notice of administrative fine issued under the

terms of regulation 27A. Where the delay exceeds 21 days from

the date of service of the notice of administrative fine, the

provisions of regulation 27 shall apply";

(c)

under the column entitled "Offence", for the words

"Provided that if the failure consists in more than 5

undeclared birds the offence shall not be subject to an

administrative fine but shall be punishable in terms of

regulation 27

Provided further that where the undeclared bird(s)

is not included in Schedule II, the offence shall not be

subject to an administrative fine but shall be punishable in

terms of regulation 27."

there shall be substituted the words

"Provided that if the failure consists in more than 5

undeclared birds or, during the period of any derogation,

more than the number of birds allowed as daily bag limit or

more than the number of birds allowed as seasonal bag

limit if a daily bag limit is not imposed, the offence shall

not be subject to an administrative fine but shall be

punishable in terms of regulation 27.".

Schedule IX to the principal regulations shall be

substituted by the following

"SCHEDULE IX

Regulation 27 (2)

Species subject to special protection

ANSERIFORMES

Cygnus olor

Ċinju Mutu

Mute Swan

CHARADRIIFORMES

Haematopodidae

Haematopus ostralegus Gallina tal-Baħar

Eurasian

Oystercatcher

FALCONIFORMES

Accipitridae

Accipiter gentilis

Falkun

Goshawk

Accipiter nisus

Sparvier

Eurasian

Sparrowhawk

Buteo buteo

Kuċċarda prima

Common

Buzzard

Buteo lagopus

Kuċċarda tal-Kalzetti

Rough-legged

Buzzard

Falconidae

Falco concolor

Żumbrell Għarbi

Sooty Falcon

Falco subbuteo

Seqer tal-Ħannieqa

Eurasian

Hobby

Falco tinnunculus

Spanjulett

Common

Kestrel

GRUIFORMES

Rallidae

Porphyrio alleni

Faġan tal-Baħar Afrikan Allen’s

Gallinule

PELECANIFORMES

Ardeidae

Ardea cinerea

Russett Griż

Grey Heron

Bubulcus ibis

Agrett tal-Bhejjem

Cattle Egret

Egretta alba

Russett Abjad

Great White

(Ardea alba)

Heron

Egretta gularis

Agrett tax-Xatt

Western

Reef-egret

PHOENICOPTERIFORMES

Phoenicopteridae

Phoeniconaias minor

Fjamingu

Lesser

(Phoenicopterus minor)

Flamingo

Phoenicopterus roseus

Fjamingu Greater

Flamingo

STRIGIFORMES

Strigidae

Asio otus

Qattus

Long-eared

Owl

Athene noctua

Kokka tat-Tikki

Little Owl

Otus scops

Kokka

European

Scops Owl

Tytonidae

Tyto alba

Barbaġann

Barn Owl

SULIFORMES

Sulidae

Morus bassanus

Sula

Northern

Gannet".

In Schedule X of the principal regulations, immediately

after the words

"Examination fee in accordance with €30 per examination"

regulation 12(2)

there shall be added the following

"Re-sits of examinations referred to in €10 per re-sit of

regulation 12(2)

examination

Taxidermist’s license issued in terms of €300 per three-year

regulation 21(1)

licence

Registration or effecting of changes to €10 per approved site

site plans approved by the Wild Birds plan

registered

/

Regulation Unit in terms of the fourth changed

proviso to regulation 8(2)

Provision of a copy of the site plan €2 per copy of the site

approved by the Wild Birds Regulation plan".

Unit in terms of the fourth proviso of

regulation 8(2)

€1.89