269 tal-2019

L.N. 269 of 2019

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, 2019

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, 2019, 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".

Regulation 3 of the principal regulations shall be amended

as follows

(a) sub-regulation (2) thereof shall be substituted by the

following

"(2) Where a licensee is in possession of a live-capturing

special licence issued in terms of these regulations, such licensee

shall not use any nets with a mesh size that is less than 35mm x

35mm exclusively for live-capturing of Song Thrush and less

than 45mm x 45mm exclusively for live-capturing of Golden

Plover

Provided that when the licensee is live-capturing Song

Thrush only or both Song Thrush and Golden Plover from the

same clap-net pair, the mesh size shall not be less than 35mm x

35mm and the total footprint of each net shall not exceed 38

square metres

Provided further that as soon as the overall (national) bag

limit of either the Golden Plover or Song Thrush has been

reached, the licensee shall ensure that he only makes use of nets

with maximum area and minimum mesh size associated with the

other species for which the season is still open."; and

(b) immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

"(3) All specimens from the relevant species caught

during the live-capturing season shall be fitted with a

single-use ring as specified by the Wild Birds Regulation

Unit and in the special live-capturing licence

Provided that in the event that the licence

holder fails to comply with any written instruction that he

may receive from the Wild Birds Regulation Unit for such

purpose, he will be rendered ineligible to apply for a live-

capturing special licence the following year.".

In regulation 4 of the principal regulations, the words Amends

"seventy-three (73) days from October to December of the same year" regulation

the principal

shall be substituted by the words "seventy-three (73) days for Song regulations.

Thrush and seventy-one (71) days for Golden Plover".

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

"(e) specify that each Special Licence holder is only

authorised to use one (1) live-capturing station 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 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) in paragraph (k) thereof, the words ", irrespective of

the number of live-decoys within the live-capturing station" shall

be substituted by the words ", irrespective of the number of

licensees present at the same station;"; and

B

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

following

" Provisions of

(t) reproduce

the

provisions

of

regulations 3

regulations 3 and 6;".

and 6.

Sub-regulation (6) of regulation 8 of the principal

Amends

regulation 8 of

regulations shall be substituted by the following

the principal

regulations.

" NGOs to

(6) Whenever the police request such

cooperate with

assistance,

representatives

of

non-

police.

governmental organisations may assist the

Executive Police and marshals appointed

under sub-regulation (3) during spot-checks

relevant to these regulations.".

€0.27