Conservation of Wild Birds (Amendment) Regulations, 2020

L.N. 367 of 2020

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Amendment) Regulations, 2020

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

the Environment Protection Act, the Minister for the Environment,

Climate Change and Planning in conjunction with the Minster for

Gozo 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 (Amendment) Regulations, 2020, and these regulations shall be

read and construed as one with the Conservation of Wild Birds

Regulations hereinafter referred to as the "principal regulations".

Regulation 2 of the principal regulations shall be amended

(a) the definition "bird" and "birds" shall be substituted

by the following definition

" "bird" means any species of naturally occurring

avifauna in the wild state in the European territory of the

Member States of the European Union, with the exception

of Greenland.";

(b) the definition "captive bred" shall be substituted by

the following definition

" "captive bred" means a bird which is hatched and

bred from legally acquired parental stock in a human-

controlled environment and which

(a) in the case of a European territory bird is

fitted with a closed ring or, in exceptional

circumstances where the Wild Birds Regulation Unit

is satisfied that the physical or behavioural properties

of the bird prevent the use of a closed ring, is fitted

with a uniquely numbered, unalterable microchip

transponder conforming to ISO Standards 11784

1996 (E) and 11785: 1996 (E);

(b)

in the case of a non-European territory

bird belonging to any of the species listed in Annex A

of Council Regulation (EC) No 338/97 of 9

December 1996 on the protection of species of wild

fauna and flora by regulating trade therein, is marked

in accordance with Article 66 of Commission

Regulation (EC) No 865/2006 of 4 May 2006 laying

down detailed rules concerning the implementation of

Council Regulation (EC) No 338/97, and in

accordance with any other applicable requirements

pursuant to the Trade in Species of Fauna and Flora

Regulations;";

(c) the definition "closed ring" shall be substituted by the

following definition

" "closed ring" means a seamless closed leg-ring or

leg-band in a continuous circle, without any break or join,

which has not been tampered with in any way, which is of

an appropriate size for the species concerned and

commercially manufactured for that purpose and for the

species concerned, and which cannot be removed from the

bird when its leg is fully grown after having been applied in

the first days of the bird's life

Provided that when a ring that is larger than the

appropriate size for the species concerned cannot be

removed due to a swelling on the bird’s leg or any other

condition on the bird’s leg that requires medical treatment,

such bird shall not be deemed as captive bred;";

(d) 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 licence;" and

(e) immediately after the definition "protected area"

there shall be added the following new definitions

" "scientific bird-ringer" means a person who is

licensed by the Wild Birds Regulation Unit to perform

scientific bird ringing and geo-tagging activities in

accordance with regulation 23;

"scientific bird ringing" means a research method

based on the individual marking of wild birds with a view

to providing data on species’ survival rates, migration,

movement and dispersal patterns, population dynamics and

ecological processes for conservation purposes, which

involves

(a) the capture and handling of wild birds

using nets and/or pre-recorded bird calls;

(b) the attachment of an individually marked

scientific ring on a wild bird to enable individual

identification and/or the attachment of a geo-tag to

record its precise movements;

(c) the taking of various biometric and

morphometric measurements such as size, weight,

conditions of feather moult and indications of age and

sex of the specimen;

(d) the recording of the scientific ring

identification number and biometric information

through a special scientific database accessible to

scientific bird-ringers and researchers in other

regions or countries; and

(e) the immediate release of the birds caught

back into the wild after performing the necessary

measurements and attachment of scientific rings and/

or geo-tags, or after recording the necessary

information from bird specimens already fitted with a

scientific ring and/or geo-tag;".

Paragraph (e) of sub-regulation (1) of regulation 4 and its

provisos thereof, shall be substituted by the following new paragraph

"(e) be in possession or in control of or keep any specimen

of any bird not listed in Schedule II and/or any specimen of any

Non-European territory bird, whether alive or dead, or any

recognisable parts or derivatives thereof, unless he proves that

such specimen

(i) has been declared with the Malta Environment

and Planning Authority or its predecessor by the 31st May

2003 and such person is in possession of the permits, or

certificates of registration by the Malta Environment and

Planning Authority or its predecessor or by the Wild Birds

Regulation Unit to keep such bird in accordance with

regulation 21; or

(ii)

is lawfully imported in accordance with

regulation 6(1)(a) or 6(1)(b); or

(iii) is taken in a Member State where it was

lawfully hunted or captured or otherwise lawfully acquired

under the terms of Directive 2009/147/EC of the European

Parliament and of the Council on the Conservation of Wild

Birds and under the legislation of that Member State; or

(iv) is captive bred

Provided that such person shall retain in his

possession and for such time as he remains in possession of

the specimen as provided for in paragraph (e) all licences,

permits, certificates and any other documents that prove to

the satisfaction of the Wild Birds Regulation Unit that such

specimen was not obtained in contravention of these

regulations

Provided further that the prohibitions provided

for in paragraph (e) shall not apply where the person in

possession of the specimen is the Director of Veterinary

Services or any other person authorized by the Director of

Veterinary Services and where such possession is required

for the rehabilitation, veterinary or other treatment or

culling of the specimen on veterinary grounds.".

In sub-regulation (1) of regulation 7 of the principal Amends

regulations the words "Provided that the prohibition in sub-regulation regulation

the principal

(1) shall be without prejudice to the provisions of regulation 23(2)(f)." regulations.

shall be substituted by the words "Provided that the prohibition in sub-

regulation (1) shall be without prejudice to the provisions of regulation

23(2)(f):" and immediately thereafter there shall be added the

following new provisos

"Provided further that the prohibition in paragraph (d)

referring to electric or electronic devices shall not apply to

battery-operated artificial bird decoys including motorised

rotating decoys, flapping decoys and those that mimic bird

movement, including flight

Provided further that such artificial bird decoys shall

not include or incorporate within or with them any pre-recorded

bird calls or any other method prohibited under this regulation.".

Regulation 8 of the principal regulations, shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

in sub-regulation (2) thereof, the words "by

traditional nets known as clap-nets exclusively for the purpose of

keeping them in captivity" shall be deleted;

(b) in the second proviso to sub-regulation (2) thereof,

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 licence holder:";

(c) the third proviso of sub-regulation (2) thereof, shall

be deleted.

Regulation 12 of the principal regulations shall be amended

as follows

(a) in sub-regulation (3) thereof, the words "and after the

live-capturing station(s) have been approved by the Wild Birds

Regulation Unit" shall be substituted by the words "and after the

live-capturing station has been approved by the Wild Birds

Regulation Unit"; and

(b) sub-regulation 5 thereof, shall be substituted by the

following

"(5) The Wild Birds Regulation Unit may issue the

following general licences in terms of these regulations

(a)

the general licence to hunt birds on land;

(b)

the general licence to hunt birds at sea;

(c)

the general live-capturing licence to take

birds

Provided that no general licence to hunt and, or

to take (live-capture) birds shall be valid unless the general

licence holder renews his membership with an organization

representing persons licensed to hunt and, or take and, for

this purpose, the organisation shall stamp the membership

booklet issued by the Wild Birds Regulation Unit and issue

a membership card for that year during which the licensee

will practice hunting and, or taking of birds

Provided further that, in the case of hunting, no

general licence to hunt shall be valid unless the general

licence holder has also paid insurance policy against third

party risks to persons or damage to property, and paid all

relevant Police permits to carry a firearm for the purpose of

bird hunting for that year during which the licensee shall

practice hunting.".

Regulation 18 of the principal regulations shall be amended Amends

regulation 18 of

as follows

the principal

regulations.

(a) paragraph (a) of sub-regulation (1) thereof, shall be

substituted by the following

"(a) during the closed season for the hunting of birds

on land, hunt or attempt to hunt any bird, or carry

ammunition or a fire-arm outside its case

Provided that during both the open season and

closed season for the hunting of birds on land, authorisation

to hunt released captive-bred birds for the purpose of

training of hunting dogs may be given after an application

is submitted to and approved for this purpose by the Wild

Birds Regulation Unit, and in accordance with the

conditions established in the same authorisation which,

inter alia, shall include

(i) a prohibition on immediate shooting as

soon as the birds are released;

(ii) a prohibition on the use of a method

known as "tal-kaxxa" or any other method that leads

to the immediate shooting of the birds on their

release, as prohibited in terms of regulation 20(b);

(iii) a requirement to submit a list of

participants by not later than two (2) working days

from termination of the training activity, which list

shall indicate the name, surname and identity card

number of each participant who took part in the

activity; and

(iv) a requirement to declare, by not later than

two (2) working days from termination of the activity,

the total number of captive-bred birds of each species

hunted during the same activity

Provided further that such authorisation shall

only be given if the captive-bred birds pertain to species in

the order ‘Galliformes’, as listed in Schedule II and that the

release of captive-bred common quail (Coturnix coturnix)

for this purpose shall not be permitted during the months of

March, April and May of each year

Provided further that the application shall be

submitted at least two (2) weeks prior to the activity by an

organization representing persons licensed to hunt, and

shall include

(i) written consent from the landowner

or leaseholder of the site where the activity

shall take place;

(ii) copies of all necessary permits

obtained from the Police and from any other

authority as may be required under other

applicable laws or regulations;

(iii) the dates and times when the

activity is proposed to take place;

(iv) the site where the activity will take

place clearly marked on an A4 site plan;

(v) details of the species and the amount

of captive-bred birds from each species that will

be released; and

(vi) a health certificate from a licensed

veterinarian confirming that the specimens are

healthy and free of parasites and disease;";

(b)

in paragraph (a) of sub-regulation (2) thereof,

immediately after the words "or any of the beaches listed in

Schedule VII" there shall be added the words "and within 50

metres from their delineation"; and

(c) in paragraph (b) of sub-regulation (2) thereof, the

word "licenced" shall be substituted by the word "licensed".

In paragraph (b) of regulation 20 of the principal

regulations, before the words "on their release." there shall be added

the word "immediately".

Regulation 21 of the principal regulations shall be amended

as follows

(a)

the first proviso of sub-regulation (1) thereof, shall be

deleted;

(b) the second proviso of sub-regulation (1) thereof shall

become the first proviso, and the word "further" shall be deleted;

(c) in paragraph (i) of sub-regulation (2)(a) thereof, the

words "or Schedule III" shall be deleted.

Regulation 23 of the principal regulations shall be Substitutes

substituted by the following

(1) Notwithstanding the provisions of

regulation 4(1)(a) and 4(1)(e), scientific bird-ringers may

capture any bird for the purposes of scientific bird ringing

and/or geo-tagging.

(2) Scientific bird-ringers may only capture birds

subject to the following conditions

(a) no person shall act as a scientific bird-

ringer without a licence from the Wild Birds

Regulation Unit issued to him in accordance with the

provisions of these regulations;

(b) no person other than a licensed scientific

bird-ringer shall capture any bird for the purpose of

scientific bird ringing;

(c) scientific bird-ringers shall not capture

any bird from the wild for any purpose whatsoever

other than for the purpose of research;

(d) a scientific bird-ringer shall only use rings

approved for this purpose by a bird ringing scheme

which is accepted by EURING – The European

Union for Bird Ringing;

(e) a scientific bird-ringer may capture any

bird for research purposes at any time throughout the

year and inside any site

Provided that the sites where bird ringing and

geo-tagging will be practiced shall be pre-notified to the

Wild Birds Regulation Unit in accordance with regulation

23(3)(c);

(f) without prejudice to regulation 9 and

notwithstanding the provisions of regulation 7(1)(d)

and (e), a bird-ringer who takes a bird exclusively for

scientific bird ringing may, for this purpose, use nets

and pre-recorded bird calls;

(g) a scientific bird-ringer shall immediately

release birds caught into the wild after performing the

necessary measurements and attachment of rings and/

or geo-tags, or after reading of the necessary

information from the previously fitted rings and/or

geo-tags in the event of recapture of bird specimens

previously ringed or fitted with a geo-tag;

(h) scientific bird-ringers who are also in

possession of a hunting licence shall not engage in

scientific bird ringing activities at the same time as

practicing hunting.

(3) In order to be eligible for the licence mentioned

in sub-regulation 23(2)(a) an applicant shall, by the date of

application

(a) have obtained a training certificate from a

bird ringing scheme which is accepted by EURING,

which training certificate is granted after the

applicant has successfully completed the necessary

training and gained field experience with a qualified

trainer who is already in possession of a scientific

bird ringing licence;

(b) have the approval for a licence from a bird

ringing scheme accepted by EURING; and

(c) submit A4 site plans to the Wild Birds

Regulation Unit showing the precise boundary of the

sites delineated in red ink where scientific bird

ringing and geo-tagging is intended to be carried out.

(4) The bird ringing scheme which is accepted by

EURING shall, on an annual basis and by not later than 1st

February of each year, submit to the Wild Birds Regulation

Unit a written report on bird ringing and geo-tagging

activities performed during the previous calendar year, as

follows

(a) the number of birds per species fitted with

a scientific ring and/or geo-tag during the reporting

year; and

(b) any other information on bird ringing and

geo-tagging activities as may be required by the Wild

Birds Regulation Unit.".

11. In regulation 24 of the principal regulations, the words

"Except as provided in regulation 23(2)(d)," shall be substituted by the

words "Except as provided for in regulation 23,".

12. In sub-regulation (2) of regulation 27 of the principal Amends

27 of

regulations, the words "Any person who commits an offence against regulation

the principal

regulations 4, 6, 18, 19, 21, and 24 shall be liable:" shall be substituted regulations.

by the words "Any person who commits an offence against regulations

4, 6, 18, 19, 21, 23 and 24 shall be liable:".

13. In Schedule IV to the principal regulations, the words Amends

"through game reporting system" shall be substituted by the word "as". Schedule

IV to

the principal

regulations.

€1.08