249 tal-2016 - Regolamenti tal-2016 dwar il-Konservazzjoni tal-Għasafar Selvaġġi (Falkunerija)

L.N. 249 of 2016

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Falconry) Regulations, 2016

BY VIRTUE of the powers conferred by article 54 of the

Environment Protection Act, and in terms of the provisions 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 (Falconry) Regulations, 2016.

In these regulations, unless the context otherwise requires

"the Act" means the Environment Protection Act or any other

Act substituting the said Act;

"captive-bred" means a bird which has been hatched and bred

from legally acquired parental stock in a human controlled

environment and has been marked by a seamless closed ring, or, in

the case of a specimen that does not naturally occur in the wild state

within the territory of the European Union, is accompanied by

documentation proving to the satisfaction of the Wild Birds

Regulation Unit the captive-bred origin of the specimen;

"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;

"falconer" means a person licensed by the Wild Birds

Regulation Unit to practice the activity of falconry in accordance with

these regulations;

"falconry" means the sport of hunting or taking quarry species

with a falcon and shall include the keeping, flying, training and, or,

the display of such trained falcon;

"falconry organisation" means an organisation representing the

persons practising the activity of falconry and which has, in its

statute, the main objective of promoting the activity of falconry and

its traditions, and which is enrolled with the Commissioner of

Voluntary Organisations under the Voluntary Organisations Act;

"falcon" or "falconry species" means a captive-bred, close-

ringed specimen that is used for the purpose of practising falconry,

which forms part of the order Falconiformes, Strigiformes or

Accipitriformes, including hybrids between such specimens;

"licence" means a licence issued in accordance with these

regulations;

"quarry species" means the species listed in Schedule II of the

Conservation of Wild Birds Regulations and in the Protection of Wild S.L. 504.71

Rabbit Regulations; as well as captive-bred specimens of the above

species which may be released by the falconer for the purpose of

training his falcon;

"real-time-tracking" means a system that allows the tracking of

the location of the falconry species in real time by virtue of electronic

devices, such as, but not solely limited to, radio tracking, GPS

tracking and GSM tracking;

"static display" means an activity that involves the display of

falcons that are tethered or otherwise constrained from free flight;

"Wild Birds Regulation Unit" means the Wild Birds Regulation

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

Regulations.

(1)

No person shall practice the activity of falconry or Falconry.

any activity relating to falconry, including the keeping of falconry

species in captivity, the flying or display of falcons and, or, the taking

of birds by means of falconry without a licence from the Wild Birds

Regulation Unit

Provided that persons who keep captive-bred falconry

species exclusively for the purpose of keeping these birds in captivity

or for static display, but not for the purpose of flight, training, hunting

or taking quarry species with a falcon shall not require a licence and

shall be exempted from the scope of sub-regulation (1), sohowever

that such persons must still comply with the provisions of these

regulations, as well as with the provisions of the Trade in Species of S.L. 504.64

Fauna and Flora Regulations, where applicable, and also with other

applicable laws and regulations.

(2) Falconry shall only be practised using captive-bred

falcons, which are covered by all the necessary permits and

authorisations in terms of the Trade in Species of Fauna and Flora

Regulations and also any other applicable regulations.

(3) The importation, transport, keeping or sale of falconry

species shall be made in accordance with the provisions of these

regulations, as well as the relevant provisions of other applicable laws

and regulations including the Trade in Species of Fauna and Flora

Regulations.

(1)

The licence to keep and fly specimens from the

falconry species for the purpose of training, display of flight or for the

taking of quarry species may be granted by the Wild Birds Regulation

Unit to any person who

(a)

is at least sixteen years of age at the time of

application;

(b)

has completed the relevant application form in the

format prescribed by the Wild Bird Regulation Unit;

(c)

is a member of a recognised falconry organisation;

(d)

is covered with a third party liability insurance

covering the activity of falconry;

(e)

has paid the applicable fees as prescribed in

Schedule I;

(f)

successfully sat for an examination as established

by the Wild Birds Regulation Unit which shall include an

examination in the knowledge of the applicable regulations,

knowledge in the practical handling of the falconry species and

knowledge in the identification of birds

Provided that such examination, or parts of it, may

also be done in conjunction with the recognised falconry

organisations, who may prepare the syllabus to be approved and

supervised by the Wild Birds Regulation Unit.

(2) The licence issued in accordance with sub-regulation (1)

shall be valid for a period of five years, after which term it may be

renewed for further terms and shall stipulate the conditions for the

keeping and rearing of falconry species and conditions relating to the

welfare of the falconry species, details of the licensed location where

the falconry species are kept and conditions pertaining to the

permissible methods of falconry and to the specific activities

practiced, the licensee’s reporting obligations as well as other

conditions that the Wild Birds Regulation Unit may prescribe from

time to time

Provided that such licence shall only be valid during the

period prescribed in this sub-regulation and during the period for

which the licensee remains a valid member of a recognised falconry

organisation and is covered by a valid third party insurance policy

concerning the activity of falconry.

(3) In addition to the licence stipulated in sub-regulation (1),

the Wild Birds Regulation Unit may also issue a special falconry

activity licence, which may only be issued for a definite period and in

conjunction with a special activity

Provided that such licence may only be granted to persons

who are already in possession of the licence mentioned in sub-

regulation (1) above and exclusively for the purpose of holding any

falconry activity that may derogate from the provisions of regulations

5 and 6.

(1)

The flying of falcons exclusively for the purpose of Open seasons.

training and display of flight, but not for the purpose of pursuit and

taking of any quarry species may be practised at any time all year

round.

(2) The open season for the practice of falconry for the

purpose of the pursuit of quarry species shall be from the 1st June

until the 31st January of the following year, both days included,

between two hours before sunrise and two hours after sunset

Provided that the quarry species listed in Schedule II(a) of

the Conservation of Wild Birds Regulations may only be taken by S.L. 504.71

means of falconry between the 1st of September and the 31st January

of the following year, both days included, whilst the taking of wild

rabbit by means of falconry can only take place between the 1st of

June and 31st December of any year, both days included

Provided further that the above proviso shall also apply in

the case of captive-bred specimens of the above quarry species which

may be released by the falconer for the purpose of training his falcon

Provided further that the Wild Birds Regulation Unit may

authorise the practice of falconry outside the open season in

accordance with the provisions of regulation 4(3).

(1)

Without prejudice to the provisions of these

regulations, the areas where falconry may be practised shall comprise

the entire land territory of the Maltese Islands, excluding bird

sanctuaries listed in Schedule V and protected beaches listed in

Schedule VII of the Conservation of Wild Birds Regulations

Provided that the practice of falconry within the said

excluded areas may also be authorised by the Wild Birds Regulation

Unit, subject to a special licence.

(2) During the practice of falconry for the purpose of training,

display of flight or for taking of quarry species, it shall be the

falconer’s responsibility to take requisite measures in accordance

with applicable best practices to ensure that the falconry species does

not trespass beyond the limits of the areas where falconry may be

practised

Provided that where the special falconry activity licence

issued in accordance with regulation 4(3) refers to a designated area,

the provisions of this sub-regulation shall not be applicable within the

limits of the specially authorised area but shall remain applicable with

respect to all other areas wherein falconry is prohibited

Provided further that where the falcon has accidentally

strayed into a bird sanctuary designated under the Conservation of

Wild Birds Regulations, the falconer may, with permission from the

land title holder, where applicable, retrieve the strayed specimen.

(1)

No person shall during any activity of falconry

(a)

fly any untethered falcon that is not wearing a

transmitter of a real-time tracking device that is able to be

tracked;

(b)

allow the falcon to stray outside the area where

falconry may be practised;

(c)

allow the falcon to escape from the control of the

licensee;

(d)

allow the falcon to pursue, take or injure any

species other than quarry species;

(e)

allow the falcon to pursue, take or injure any

species outside the open season for falconry

Provided that in the event of accidental capture of a species

which is not quarry species or any species outside the falconry

season, the licensee shall allow the falcon to feed on the catch and

shall immediately inform the Wild Birds Regulation Unit. The

licensee shall not take possession of the specimen or any of its

remains and the specimen shall be left on the site of the taking until

an official from the Wild Birds Regulation Unit provides further

instructions to the licensee

Provided further that no legal action according to

regulation 11 shall be taken with respect to the person providing the

required information to the Wild Birds Regulation Unit and who will

have complied with the provisions of these regulations.

(2) Any person from whom a falconry bird escapes and who

fails to retrieve it shall immediately inform the Wild Birds Regulation

Unit of such incident

Provided that no legal action according to regulation 11

shall be taken with respect to the person providing the required

information to the Wild Birds Regulation Unit.

(1)

Without prejudice to the provisions of the Animal Duty towards

Welfare Act, the licensee shall ensure the welfare of his falcons in welfare

falconry and

compliance with applicable best codes of practice as well as the quarry

relevant laws and regulations, and in particular

(a)

when not practising falconry no person shall house

any falcon within an enclosure that does not provide protection

from the natural elements and does not ensure the physiological

needs of the species;

(b)

no person shall transport on any motor vehicle any

falcon unless it is either in a travel box or is tethered to a perch

and wearing a hood

Provided that provisions of this paragraph shall not

be applicable where the transportation of the falconry species is

being carried out on foot.

(2) No person shall kill or injure, or cause any harm, or

attempt to kill or injure or cause any harm, to any falcon either

voluntarily, whether directly or indirectly, or through negligence, or

want of care.

(3) The falconer shall ensure that any quarry species caught by

the falcon are killed humanely and in accordance with the best

applicable practice in the field of falconry.

(1)

Whilst practicing the activity of falconry, the

licensee shall not hunt or attempt to hunt with a gun or any other

weapon, or take or attempt to take any bird using any means, as

specified by the Conservation of Wild Birds Regulations or any rabbit

as specified by the Protection of Wild Rabbit Regulations.

(2) No person shall fly any falcon or attempt to fly any falcon

or exercise the activity of falconry at sea.

Whilst practising the activity of falconry, the licensee may

make use of suitably trained dogs and, or, ferrets for the purpose of

flushing and, or, retrieving quarry species.

(1)

Any person who -

(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 regulations

3(1), 4(3), 7(1)(d) and 9 shall be liable

(a)

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

than two hundred fifty euro (€250) but not exceeding five

thousand euro (€5,000), and the possible confiscation of the

corpus delicti.

The Court shall also order the suspension of any licence or

permit, issued under these regulations and under the

Conservation of Wild Birds Regulations and under Part XV of

the Code of Police Laws, for a period of not less than six

months but not exceeding five years;

(b)

on a second or subsequent conviction, to a fine

(multa) of not less than five hundred euro (€500) but not

exceeding ten thousand euro (€10,000) or to imprisonment for a

term of not less than six months but not exceeding two years, or

to both such fine and imprisonment, and also the possible

confiscation of the corpus delicti.

The Court shall also order the permanent revocation of any

licence or permit, issued under these regulations, under the

Conservation of Wild Birds Regulations and under Part XV of S.L. 504.71.

the Code of Police Laws

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

Community Service Order on the offender in terms of the

Probation Act.

(3) Any person who commits an offence against any other

regulation not mentioned in sub-regulation (1) and its proviso

respectively, 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 possible confiscation of

the corpus delicti;

(b)

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 possible confiscation of the corpus delicti

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

Community Service Order on the offender in terms of the

Probation Act

Provided further that the Court shall also order the

suspension of the licence or permit issued under these

regulations, under the Conservation of Wild Birds Regulations S.L. 504.71.

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

than two years but not exceeding five years.

(4) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations Cap. 9.

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 of criminal judicature.

(5) 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 article 7(1)(a), (b) and (c), 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 II, the Executive Police may 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.

Schedule I

Administrative fees

Service

Fee

New application or renewal of the

licence to practice falconry in €50 for a validity period of

accordance with regulation 4(1) and (2) 5 years.

Application for a special falconry

activity licence in accordance with €30 for each special

regulation 4(3)

falconry activity licence.

Examination fee in accordance with

regulation 4(1)(vi)

€30 per examination.

Re-sit fee for the referred to in €10 per re-sit of the

regulation 4(1)(vi)

examination.

Schedule II

Administrative Penalties

Regulation

Offence

Penalty

7(1)(a)

Flying any untethered falcon that is not

wearing a transmitter of a real-time

tracking device that is able to be

tracked

€100

7(1)(b)

Permitting the falcon to stray outside

the area where falconry may be

practised

€100

7(1)(c)

Permitting the falcon to escape from

the control of the licensee

€100

B

€0.99