270 tal-2019

L.N. 270 of 2019

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds

(Declaration on a Derogation for an Autumn 2019 Live-capturing

Season for Song Thrush and Golden Plover) 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,

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 2019 Live-

capturing Season for Song Thrush and Golden Plover) Regulations,

2019. (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 seasons.

(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 EU 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/

Pages/WBRU/ornisCommittee.aspx (31 July 2019 and 18 September 2019).

** The July 2019 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 10

July 2019, is available at: https://msdec.gov.mt/en/Document%20Repository/WBRU/2019/otherRe-

ports/consStaRepJul19GpSt.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 S.L.

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

Wild Birds (Framework for Allowing a Derogation 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 2019.

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 27%) = 109,620

Total annual mortality: (394,066 + 109,620) = 503,686

1% of total annual mortality: (503,686 x 1%) = 5,036

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- Establishment

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

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 2019, hereinafter referred to as "the

Autumn live-capturing season", shall be on the following dates

(a) live-capturing of Song Thrush between 20 th October

2019 and 31 st December 2019, both dates included; and

(b) live-capturing of Golden Plover between 1 st

November 2019 and 10 th January 2020, 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 less than 0.42% 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