Species Protection

L.N. 25 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Species Protection

(Designation of National Species) Regulations, 2018

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister responsible for the

Environment, Sustainable Development and Climate Change, after

consultation with the Environment and Resources Authority, has made

the following regulations:-

The title of these regulations is the Species Protection

(Designation of National Species) Regulations, 2018.

NATIONAL SPECIES OF THE MALTESE ISLANDS

Schedule I(a): National Species (Birds)

SCIENTIFIC

MALTESE

ENGLISH

NATIONAL

NAME

NAME

NAME

SPECIES

Monticola

il-merill;

Blue Rock Thrush

National Bird

solitarius

iċ-ċikkudiddiju

Schedule I(b): National Species (excluding Birds)

SCIENTIFIC

MALTESE

ENGLISH

NATIONAL

NAME

NAME

NAME

SPECIES

Mediterranean

Aphanius fasciatus

il-bużaqq

National Fish

Killifish

Palaeocyanus

crassifolius

Maltese

widnet il-baħar

National Plant

[=Cheirolophus

Rock-Centaury

crassifolius]

Tetraclinis

Arar Tree: Alerce;

articulata

l-għargħar

Sandarac Gum

National Tree

[=Callitris

Tree

quadrivalvis]

Potamon fluviatile

il-qabru; il-granċ

Maltese Freshwater

National

lanfrancoi

tal-ilma ħelu

Crab

Invertebrate

The aim of these regulations is to declare the National Species

of the Maltese Islands and apply provisions for their protection.

PART I: INTERPRETATION

Penalties for offences on species listed in Schedule I(a)

Any person who commits, or attempts to commit an offence

relating to birds listed in Schedule I(a) shall, on conviction, be liable

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

seven hundred and fifty euro (€750) for each specimen but not

exceeding five thousand euro (€5,000) for each specimen and the

confiscation of the corpus delicti.

The Court shall also order the suspension of any

general license or permit, issued under these regulations, the

Conservation of Wild Birds Regulations and under Part XV of

the Code of Police Laws for a period of not less than two years

but not exceeding five years.

(b) on a second conviction or subsequent conviction, to a

fine (multa) of not less than one thousand five hundred euro

(€1,500) for each specimen but not exceeding ten thousand euro

(€10,000) for each specimen 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 confiscation of the corpus

delicti.

The Court shall also order the permanent revocation

of any general licence or permit, issued under these regulations,

the Conservation of Wild Birds Regulations and under Part XV

of 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.

(c) Any person who hunts or attempts to hunt or takes or

attempts to take birds listed in Schedule I(a) without a valid

general licence shall be liable to the punishments contemplated

under paragraph (b) and the Courts shall also order that the

convicted person shall be disqualified from obtaining a general

licence under the Conservation of Wild Birds Regulations and

under Part XV of the Code of Police laws for life and where such

general licence has been permanently revoked in terms of

paragraph (b) or the Court has already ordered the

disqualification from obtaining a general licence for life, such

person shall, upon conviction, be liable to a fine (multa) of not

less than seven thousand euro (€7,000) but not exceeding fifteen

thousand euro (€15,000) and to imprisonment for a term of not

less than one year but not exceeding two years.

(d) Without prejudice to the provision of this Schedule, in

determining the gravity of the offence the Court may consider the

factors laid down under the fourth proviso of regulation 27(2) of the

Conservation of Wild Birds Regulations.

Penalties for offences on species listed in Schedule I(b)

Any person who commits, or attempts to commit an offence

relating to species in Schedule I(b) shall be liable

(a) in the case of a first offence, a fine (multa) of not less

than seven hundred and fifty (€750) euro for each specimen, but

not exceeding five thousand euro (€5,000) for each specimen and

also the confiscation of the corpus delicti;

(b) in the case of a second or subsequent offence, a fine

(multa) of not less than one thousand five hundred euro (€1,500)

for each specimen, but not exceeding ten thousand euro

(€10,000) for each specimen, or imprisonment for a period not

exceeding two years, or both such fine and imprisonment; and

also the confiscation of the corpus delicti.

(c) With respect to offences involving species in

Schedule I(b) additional sanctions, as laid down under sub-

regulation (5), (6) and (7) of regulation 49 of the Flora, Fauna

and Natural Habitats Protection Regulations shall apply.

€0.63

In these regulations the following definitions shall apply. In

addition, unless already defined in these regulations, the terms defined

in the Flora, Fauna and Natural Habitats Protection Regulations shall

apply, as applicable

"the Act" means the Environment Protection Act;

"bird" and "birds" shall have the same meaning as the terms

defined under regulation 2 of the Conservation of Wild Birds

Regulations;

"the competent authority" means the authorities designated

in regulation 4 who shall be responsible for the implementation

of these regulations;

"general licence" shall have the same meaning as the term

defined under regulation 2 of the Conservation of Wild Birds

Regulations;

"National Species of the Maltese Islands" or "National

Species" means native species which may serve as ambassadors

by attracting public interest in conservation efforts both for those

species and other species at risk. Such National Species are

indicated in Schedule I;

"relevant regulations" includes the Trade in Species of

Fauna and Flora Regulations, the Conservation of Wild Birds S.L. 549. 38.

Regulations, the Flora, Fauna and Natural Habitats Protection S.L. 549.42.

Regulations and the Trees and Woodlands Protection

Regulations;

"specimen" means any animal or plant, in any stage of its

life cycle, whether dead or alive, whether whole or in part,

whether in the original form or after having undergone any

transformation. It includes any part or derivative thereof, as well

as any other goods which appear, from an accompanying

document, the packaging or a mark or label, or from any other

circumstances, to be parts or derivatives of animals of plants of

those species.

The competent authority responsible for the administration, Administration

implementation, compliance assurance and enforcement of these of

regulations.

regulations shall be

(a) the Environment and Resources Authority for flora,

fauna and other wildlife, as laid down under the Act with the

exception of the provisions of the Conservation of Wild Birds S.L. 549.42.

Regulations; and

(b) the Wild Birds Regulation Unit for birds, as laid

down under the Conservation of Wild Birds Regulations.

PART II: PROTECTION OF WILD SPECIES

The competent authority may designate further National Designation of

Species, provided that such species are in line with one or more of the National

Species.

following criteria

(a) wild species native to Malta or are representative of

the Maltese flora and fauna; or

(b) wild species endemic to the Maltese Islands and its

waters; or

(c) species of particular importance because of their

scientific, ecological, biodiversity, biogeographical, landscape or

educational interest; or

(d) species with specific cultural or historical connection

with Malta and its identity; or

(e) threatened, rare and possibly extinct species,

particularly species with a restricted distribution in Malta; or

(f) charismatic species that serve as a symbol or focus

point to raise environmental awareness and consciousness and

can be employed as flagship species; or

(g) species with the potential to enhance acceptance of

habitat preservation or capable of favourably influencing

attitudes towards environment conservation and management; or

(h) species which in the competent authority’s opinion

contain similarly relevant criteria.

PART III: PROHIBITIONS

(1) Without prejudice to the relevant regulations, the species

included in Schedule I are designated as ‘National Species’ and are

protected in terms of the Act.

(2) For species listed in Schedule I the prohibitions referred to

under the relevant regulations shall apply, unless duly authorised by

the competent authority.

PART IV: SURVEILLANCE AND CONSERVATION

The competent authority shall, as far as possible and as

appropriate, in particular for the purposes of these regulations and the

related regulations

(a) undertake surveillance and monitoring of National

Species and their habitats;

(b) identify processes and categories of activities which

have or are likely to have significant adverse impacts on

National Species;

(c) assess the status, range, population trends of National

Species; and

(d) maintain and organise, by any mechanism data

derived from identification and monitoring activities pursuant to

paragraphs (a) and (b).

The competent authority shall, as far as possible, and as

appropriate

(a) take measures to promote the conservation of

National Species;

(b) take steps to avoid the deterioration of the habitats of

National Species within protected sites;

(c) prevent the introduction of, control or eradicate those

invasive alien species which may threaten National Species; and

(d) endeavour to provide conditions needed for

compatibility between present uses and the conservation of

National Species and their habitats.

PART V: COMMUNICATION

The competent authority may promote education and general Communication,

information on the need to protect National Species. In this respect, the education,

public

competent authority, may promote and encourage

awareness.

(a)

appropriate publicity for the designation of National

Species;

(b) the dissemination of information on National Species and

their habitats held by the competent authority, and that this is made

available to the public, according to the provisions set by the

Freedom of Access to Information on the Environment Regulations; S.L. 549.39.

and

(c) co-operation, as appropriate, with national bodies and

entities in developing educational and public awareness programmes,

with respect to National Species and their habitats.

PART VI: PERMITTING, OFFENCES AND PENALTIES

Any assessment carried out or permit issued by the Permits in

competent authority in accordance with the relevant regulation shall be relation

Schedule I

deemed as issued under these regulations.

species.

Where the competent authority believes that a person has Administrative

committed an offence under these regulations on species listed under fines.

Schedule I(b), the competent authority may issue an administrative

fine of not less than seven hundred and fifty euro (€750) for each

specimen but not exceeding five thousand euro (€5,000) for each

specimen

Provided that the competent authority may issue such

administrative fine only once for the same person under these

regulations

Provided that no proceeding may be taken or continued to

be taken against the said person in respect of such criminal offence

mentioned in this regulation should such a person settle the concerned

penalty.

Without prejudice to any applicable regulation under the Act,

any person

(a) who fails to observe the provisions of these

regulations; or

(b

who infringes any restriction, prohibition or need

imposed by these regulations or by virtue thereof; or

(c) who fails to observe any condition of a permit or

authorisation granted under the provisions of these regulations;

or

(d) who acts in contravention of any provision of these

regulations, or

(e) who conspires or attempts to conspire, 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 from

complying with any one of these provisions, or to infringe any

restriction, prohibition or need imposed by these regulations or

by virtue thereof,

shall be guilty of an offence against these regulations. Such offence shall

be subject to the relevant penalties stipulated in Schedule II.