Plover) Regulations, 2020

L.N. 376 of 2020

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation for an

Autumn 2020 Live-capturing Season for Song Thrush and Golden

Plover) 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 Minister for

Gozo 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 Conservation of Wild Citation and

Birds (Declaration on a Derogation for an Autumn 2020 Live- scope.

capturing Season for Song Thrush and Golden Plover) Regulations,

2020. (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

(2) 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 these 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://environment.gov.mt/en/Pages/WBRU/ornisCommittee.aspx (29 July 2020).

The terms and expressions used in these regulations, unless

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

to them in the Conservation of Wild Birds Regulations, hereinafter

referred to as the "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

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

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

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 (2) species, which was presented to and endorsed by the

Malta Ornis Committee in July 2020.

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

population of Golden Plover and Song Thrush shall be calculated as

follows

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

**

The July 2020 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 29 July 2020, is available at: https://

environment.gov.mt/en/Document%20Repository/WBRU/2020/otherReports/

consStaJul20GpSt.pdf

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 2020, hereinafter referred to as "the

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

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

2020 and 31 st December 2020, both dates included; and

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

November 2020 and 10 th January 2021, 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 shall be terminated

immediately or at a date as specified by the Minister.

For the purposes of these regulations, the Autumn live- Live-capturing

capturing season shall be in accordance with the provisions of the according

framework.

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

Opening an Autumn Live-Capturing Season for Song Thrush and

Golden Plover) Regulations.

The Autumn live-capturing licence, which shall be issued Seasonal quotas

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

licence fee.

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

five-thousand (5,000) for Song Thrush, equivalent to less than zero

point twelve percent (0.12%) of the total annual mortality of the

reference population, and seven hundred (700) for Golden Plover,

equivalent to less than zero point fourteen percent (0.14%) 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.

€0.36