333 tal-2018

L.N. 333 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Framework for Allowing a Derogation

Opening an Autumn Live-Capturing Season for Song Thrush and

Golden Plover) (Amendment) Regulations, 2018

BY VIRTUE of the powers conferred by articles 54 and 55 of the

Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change in conjunction with the

Parliamentary Secretary for Agriculture, Fisheries and Animal Rights

and after consultation with the Environment and Resources Authority,

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, 2018, 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) Regulations hereinafter

referred to as the "principal regulations".

In the principal regulations, the word "license" shall be

substituted by the word "licence" wherever it appears.

In sub-regulation (2) of regulation 2 of the principal

regulations, in the definition "live-capturing site", the words "which

contains not more than two (2) live-capturing stations per licensee;"

shall be substituted by the words "which contains only one (1) live-

capturing station per licensee;".

Regulation 3 of the principal regulations shall be amended

as follows

(a) in sub-regulation (2) thereof, the words "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.", shall be

substituted by the words "Where a licensee is in possession of an

Autumn live-capturing special licence in terms of these

regulations, such licensee shall not use any nets with a mesh size

that is less than 45mm x 45mm."; and

(b)

the provisos of sub-regulation (2) thereof, shall be

deleted.

In the first proviso of regulation 4 of the principal Amends

regulations the words "established in the Schedule:" shall be regulation

the principal

substituted by the words "established in the First Schedule:".

regulations.

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a) in sub-regulation (3) thereof, the words "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." shall be substituted

by the words "and the site showing the individually-marked live-

capturing station 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."; and

(b)

in sub-regulation (4) thereof

(i) paragraph (a) thereof, shall be substituted by

the following, "the live-capturing station shall not be

located in a protected area;"; and

(ii) paragraph (b) thereof, shall be substituted by

the following, "only one (1) live-capturing station may be

registered on the licence holder and such station shall not

contain more than two (2) pairs of clap-nets, provided that

if the registered live-capturing station consists of one (1)

clap-net pair, the addition of a second clap-net pair is

prohibited.".

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

as follows

the principal

regulations.

(a) paragraph (e) thereof, shall be substituted by the

following

" Prohibition of use

(e) specify that each Special Licence holder is

of more than one

only authorised to use one (1) live-capturing station

live-capturing

registered with the Wild Birds Regulation Unit and

that such live-capturing station shall not contain more

than two (2) pairs of clap-nets from one (1) hide

Provided that if at application stage the

licence holder opted to practice live-capturing of

Golden Plover only or both species, the size of each

net shall not exceed a total footprint of 60 square

metres but, if at application stage the licence holder

opted to practice live-capturing for Song Thrush only,

the total footprint of each net shall not exceed 38

square metres

Provided further that if only one clap-net

pair is approved, the setting up of an additional clap-

net pair is prohibited

Provided further that subdivision of a hide

into two or more hides to make use of more than two

clap-net pairs from the original hide is prohibited.";

(b) paragraph (f) thereof, shall be substituted by the

following

(f) provide that the layering of two or more

nets on top of each other or any other modification,

including creation of ‘pockets’, is strictly prohibited;";

(c) paragraph (h) thereof, shall be substituted by the

following

(h) specify that before the licensee leaves the

live-capturing site and during prohibited hours, the

nets shall either be removed or the clap-net pair(s)

deactivated and the nets completely covered

Provided that the clap-nets, including nets

and poles, shall be completely dismantled immediately

upon closure of the live-capturing season and removed

from the site.";

(d) in the proviso to paragraph (i) thereof, the words

"contained in the Schedule" shall be substituted by the words

"contained in the First Schedule";

(e) in paragraph (k) thereof, the words "number of live-

decoys within each live-capturing station" shall be substituted by

the words "number of live-decoys within the live-capturing

(f) in paragraph (m) thereof, the words "for that

purpose;" shall be substituted by the following words "for that

purpose and also provide that should, during the course of a

spot check, a police officer find a bird not fitted with a single-

use ring, and such bird had not been declared by the licence

holder on that same day before the spot check, the licence

holder shall be subject to the penalties established in Schedule

VIII of the Conservation of Wild Birds Regulations;"

(g) paragraph (n) thereof, shall be substituted by the

following

(n) provide that the possession and/or use of

pre-recorded bird calls shall be strictly prohibited even

if the device is left unattended, and also provide that

should, during an inspection by enforcement

personnel, such device be detected during prohibited

hours, the live-capturing station shall be deregistered

forthwith and cannot be used by any licence holder for

the duration of the season;";

(h) paragraph (o) thereof, shall be substituted by the

following

(o) provide that the live-capturing of birds

other than the relevant species shall be strictly

prohibited;";

(i) paragraph (p) thereof, shall be substituted by the

following

(p) require that should the licensee catch a bird

of the relevant species fitted with a scientific ring, the

licensee shall immediately release the bird into the

wild from the same live-capturing station after the

details of the scientific ring are recorded on the ring

recovery form issued by the Wild Birds Regulation

Unit, and also require that such form is returned to the

Unit within one week from closure of the season;";

(j) in paragraph (q) thereof, the words "site plans" shall

be substituted by "site plan";

(k) in paragraph (u) thereof, the words "used as live-

decoys and those caught from the wild" shall be deleted

wherever they appear; and

(l) immediately after paragraph (u) thereof, there shall

be added the following new paragraph

(v) provide for other conditions of relevance to

ensure that the derogation is properly implemented,

limited in scope, on a selective basis and strictly

supervised in line with the Conservation of Wild Birds

Regulations and the Birds Directive (2009/147/EC).".

Regulation 8 of the principal regulations shall be amended

(a) the proviso to sub-regulation (3) thereof, shall be

substituted by the following

"Provided that during all hours for which an Autumn

live-capturing season is open the total number of police

officers and, or marshals assigned to carry out spot checks

shall be in the region of forty (40). Outside these hours, at

least two (2) police officers and, or marshals shall be on

duty.";

(b) in sub-regulation (4) thereof, the words "during the

hours of daylight" shall be deleted; and

(c) immediately after sub-regulation (4) thereof, there

shall be added the following new sub-regulations

(5) In pursuance of their duties under these

regulations, the Police, assisted by marshals as may be

necessary, shall carry out daily systematic spot checks

throughout all the season, in all the regions shown in

the Second Schedule. In Gozo, spot checks in regions 1

and 3 shall be carried out simultaneously with spot

checks in regions 2 and 4 by separate police officers. In

Malta, spot checks in regions 5, 6 and 8 shall be carried

out simultaneously with spot checks in regions 7, 9 and

10 by separate police officers. Spot checks within each

region shall be carried out daily. The Police shall

forward to the Wild Birds Regulation Unit the outcome

of each spot check, per region, the following day, in a

format that is agreed in advance with the Wild Birds

Regulation Unit.

(6) The police shall cooperate with non-

governmental

organisations.

Non-governmental

organisations representatives assigned for this purpose

by the Wild Birds Regulation Unit shall assist police

officers and, or marshalls pursuance of their duties under

this regulation at on-site inspections.

(7) The coordinates of the approved stations shall

be made public on the internet by the Wild Birds

Regulation Unit at least three (3) days before the start of

the live-capturing season and be available on-line at all

times during the live-capturing season.".

In the title of the Schedule of the principal regulations, the Amends the

word "SCHEDULE" shall substituted by the words "FIRST Schedule

principal

SCHEDULE". regulations.

Immediately after the First Schedule of the principal Adds a new

Schedule to the

regulations, the following new schedule shall be added

principal

regulations.

"SECOND SCHEDULE

Subdivision of Malta and Gozo into regions for systematic spot checks

".

€0.63