334 tal-2018

L.N. 334 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation for an

Autumn 2018 Live-capturing Season for Song Thrush and Golden

Plover) 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,

and after taking into account the recommendations of the Malta Ornis

Committee * has made the following regulations:-

(1) The title of these regulations is the Conservation of

Wild Birds (Declaration on a Derogation for an Autumn 2018 Live-

capturing Season for Song Thrush and Golden Plover) Regulations,

2018. (2) For the purpose of these regulations and within the meaning

of Article 9 of the Birds Directive, given that, in Malta, Golden Plovers

and Song Thrushes neither breed in the wild nor in captivity, the

Minister is hereby ascertaining the absence of another satisfactory

solution for the acquisition of live specimens of these two species other

than by means of live-capturing using clap-nets, in small numbers, and

insofar as it is absolutely necessary to replenish the limited stock of live-

birds in captivity for use as live-decoys during open hunting season.

(3) For the purpose of these regulations and within the meaning

of Article 9 of the Birds Directive, the Minister took into consideration

the favourable conservation status of the Golden Plover and Song

Thrush at both the European (‘Stable’ and ‘Moderate Increase’

respectively) and European Union levels (‘Secure’), and also took into

consideration their IUCN classification as ‘Least Concern’ ** .

* The recommendations of the Malta Ornis Committee to open a live-capturing season for Golden

Plover and Song Thrush, and associated parameters, are available at: https://msdec.gov.mt/en/Docu-

ment%20Repository/WBRU/2018/ornisCommittee/ornisMinutes25Jul18.pdf

** The July 2018 report on the conservation status of the Golden Plover (Pluvialis apricaria altifrons)

and Song Thrush (Turdus philomelos), which was presented to the Malta Ornis Committee on 25

July 2018, is available at: https://msdec.gov.mt/en/Document%20Repository/WBRU/2018/otherRe-

ports/conservationStatusOfGoldenPloverAndSongThrushJuly2018Update.pdf.

The terms and expressions used in these regulations, unless Interpretation.

the context otherwise requires, shall have the same meaning as given

to them in the Conservation of Wild Birds Regulations, hereinafter L.S. 549.42.

referred to as the "the Wild Birds Regulations", and in the

Conservation of Wild Birds (Framework for Allowing a Derogation L.S. 549.74.

Opening an Autumn Live-capturing Season for Song Thrush and

Golden Plover) Regulations.

For the purpose of these regulations, the Golden Plover and Determination

Song Thrush are classified as non-breeding passage migrants in Malta of

population and

that qualify as huntable species under the Birds Directive (MT: Annex small numbers.

IIB). In this context, the “small numbers” requirement within the

meaning of Article 9(1)(c) of the Birds Directive shall be understood as

“a sample in the order of 1% of the total annual mortality of the

population in question”. For the purpose of these regulations,

“population in question”’ shall be understood, with regard to these

migratory species, as the population of those regions within the territory

of the European Union from which come the main contingents passing

through the region to which the derogation applies during its period of

application, namely Finland and Sweden for the Golden Plover

(Wetlands International, 2009) and Romania, Bulgaria and Hungary for

the Song Thrush (Cramp et al, 1988; Spina & Volponi, 2008), as

detailed in the report on the conservation status of the these two species,

which was presented to and endorsed by the Malta Ornis Committee in

July 2018.

The 1% of the total annual mortality of Malta’s reference Calculation of

population of Golden Plover and Song Thrush shall be calculated as 1%

annual mortality

follows

of the reference

population.

Golden Plover (Pluvialis apricaria altifrons)

Minimum breeding success 3.64 birds per pair (203,000 x 3.64) = 738,920

Mortality rate of 1 st year birds (738,920 x 53.33%) = 394,066

Mortality rate of adults (406,000 x 33.7%) = 136,822

Total annual mortality (394,066 + 136,822) = 530,888

1% of total annual mortality (530,888 x 1%) = 5,309

Song Thrush (Turdus philomelos)

Minimum breeding success 4 birds per pair (1,365,000 x 4) = 5,460,000

Mortality rate of 1 st year birds (5,460,000 x 56%) = 3,057,600

Mortality rate of adults (2,730,000 x 43.3%) = 1,182,090

Total annual mortality (3,057,600 + 1,182,090) = 4,239,690

1% of total annual mortality (4,239,690 x 1%) = 42,396

For the purposes of establishing the period for the live-

capturing of wild birds in Autumn under regulations 10(6)(ii) and (iii)

of the Wild Birds Regulations, and for the purpose of these

regulations, the period for the live-capturing of Song Thrush and

Golden Plover for the year 2018, hereinafter referred to as "the

Autumn live-capturing season", shall be from the 20 th October 2018 to

the 31 st December 2018, both dates included

Provided that the provisions of these regulations shall cease

to have effect and no live-capturing activity shall be permitted in the

event that the Minister orders, by notice in the Gazette or any other

notice, that the Autumn live-capturing season is to terminate

immediately or at a date as specified by the Minister.

For the purposes of these regulations, the Autumn live-

capturing season shall be in accordance with the provisions of the

Conservation of Wild Birds (Framework for Allowing a Derogation

Opening an Autumn Live-capturing Season for Song Thrush and

Golden Plover), Regulations.

The Autumn live-capturing licence, which shall be issued

upon the payment of a nominal fee of fifty-five euro (€55), shall set the

overall seasonal bag limit for the Autumn live-capturing season at

5,000 for Song Thrush, equivalent to 0.12% of the total annual

mortality of the reference population, and 700 for Golden Plover,

equivalent to 0.13% of the total annual mortality of the reference

population, as the total number of birds which may be captured by

means of live-capturing under the authority of all issued licences taken

together.

€0.27