of Seven Finch Species) Regulations, 2020

L.N. 399 of 2020

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Framework for Allowing a

Research Derogation to determine Malta’s Reference Population

of Seven Finch Species) Regulations, 2020

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

the Environment Protection Act, the Minister responsible for the

Environment, in conjunction with the Minister for Gozo, and after

consultation with the Environment and Resources Authority, has made

the following regulations:-

(1)

The title of these regulations is the Conservation of

Wild Birds (Framework for Allowing a Research Derogation To

Determine Malta’s Reference Population of Seven Finch Species)

Regulations, 2020.

(2) The purpose of these regulations is to establish a

framework allowing a research derogation to determine Malta’s

reference population of the seven finch species enumerated in

regulation 2 (defined as the "relevant species" for the purpose of these

regulations) on the basis of Article 9(1)(b) of Directive 2009/147/EC

of the European Parliament and of the Council of 30 November 2009

on the Conservation of Wild Birds (Birds Directive) in particular read

in conjunction with Article 10 and Annex V(c) of the Birds Directive,

and in terms of sub-regulation 9(1)(e) of the Conservation of Wild

Birds Regulations, hereinafter referred to as "the Wild Birds

Regulations". These regulations specifically aim to gather sufficient

scientific information in order for Malta to introduce a derogatory

regime in terms of Article 9(1)(c) of the Birds Directive that complies

with the "small numbers"-criterion as interpreted by the Court of

Justice in its judgment reference C-557/15 .

Subdivision of Malta and Gozo into regions for systematic spot-checks

at research stations

€1.17

(1) Terms and expressions used in these regulations,

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

given to them in the Wild Birds Regulations.

(2) Without prejudice to the provisions of sub-regulation 2(1),

unless the context otherwise requires

"control" means the capturing and handling of birds from

the relevant species to determine which specimens are fitted with

a scientific ring, to record the scientific ring identification

number, details of the specimens and the site location from

where it was captured, as specified on the ring recovery form

issued by the Wild Birds Regulation Unit, followed by the

immediate release back into the wild of all specimens from the

same research site, and the submission of data as specified in the

special licence;

"licensee" means a natural person aged 18 years or over

who is in possession of a special licence issued under these

regulations;

"live-decoy" means any specimen from the relevant species

fitted with a single-use ring, their mules and, or hybrids used by

the licensee as call birds (‘għajat’), including those held by

cotton string and swivel (‘taħrik’), in accordance with regulation

S.L. 549. 42.

7(1)(h) of the Wild Birds Regulations

Provided that colour mutations (colour-variants) from

the relevant species may only be used by the licensee (i) as call

birds (‘għajat’), not as fluttering decoys (‘taħrik’) and (ii) to the

extent these colour mutations are fitted with a closed ring;

"protected area" has the same meaning as defined in the

Wild Birds Regulations;

"relevant species" means European Goldfinch (Carduelis

carduelis), European Greenfinch (Chloris chloris), Hawfinch

(Coccothraustes coccothraustes), Common Chaffinch (Fringilla

coelebs), Common Linnet (Linaria cannabina), European Serin

(Serinus serinus) and Eurasian Siskin (Spinus spinus);

"research period" means the period, as may be established

in terms of regulation 4, during which birds from the relevant

species are controlled and/or fitted with scientific rings and/or

satellite-tags from research sites to obtain data including through

ring recoveries, for the purpose of establishing Malta’s reference

population of the relevant species;

"research site" or "site" means the location clearly outlined

on a site plan which is approved for that purpose by the Wild

Birds Regulation Unit in terms of regulation 5(4) and registered

with the Commissioner of Police, which contains not more than

one (1) research station;

"research station" means the footprint area within the

research site containing not more than one (1) pair of horizontal

clap-nets from a hide, which may be used by one or more

licensees, with each net having an area not larger than thirty-

eight (38) square metres, and the clap-net pair clearly outlined in

red ink on the approved site plan;

"satellite-tag" means, for the purpose of these regulations, a

small electronic lightweight device that is fitted on specimens

from the relevant species to track and map their migration routes;

"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 satellite-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 satellite-tags, or

after recording the necessary information from bird

specimens already fitted with a scientific ring and, or

satellite-tag;

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

the Wild Birds Regulation Unit to perform scientific bird ringing

activities in accordance with regulation 23 of the Wild Birds

Regulations;

"scientific ring" means an open leg-ring or leg-band

supplied by a scheme that represents licensed scientific bird-

ringers, of a size that is species-specific bearing a unique

identification number to keep track of the movements of the bird

and its life history when re-captured;

"single-use ring" means, for the purpose of these

regulations, rings that were issued by the Wild Birds Regulation

Unit in 2016 and 2017, bearing code R16U * * ;

"special licence" means a licence issued in accordance with

regulation 5;

(1) For the purpose of these regulations and without Capturing and

prejudice to the activities permitted by virtue of regulation 23 of the handling

birds from the

Wild Birds Regulations, birds from the relevant species may only be relevant

S.L. 549. 42.

captured by nets known as clap-nets for the purpose of control and, or

affixing of scientific rings and/or satellite-tags, in accordance with

these regulations.

(2) All specimens shall be immediately released back into the

wild, including those that are not fitted with a scientific ring or

satellite-tag

Provided that prior to the immediate release of all birds

from the relevant species fitted with a scientific ring, the licensee shall

record the details of each specimen and its scientific ring identification

number on the ring recovery form issued by the Wild Birds Regulation

Unit

Provided further that before the immediate release of all

birds from the relevant species not fitted with a scientific ring, such

birds may be fitted with a satellite-tag by the licensee or with a

scientific ring and, or satellite-tag by a licensee who is also a licensed

bird-ringer

Provided further that only licensees who attend a training

session on satellite-tagging may be issued with a separate special

licence to carry out satellite-tagging and shall be subject to all

conditions set out therein in accordance with regulations 5, 6 and 7

Provided further that all ring recovery forms shall be

returned to the Wild Birds Regulation Unit within the period as

specified by the Unit following closure of the research period

Provided further 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, such licensee will be

rendered ineligible to apply for a special licence issued under these

regulations for the following year.

** No new or replacement single-use rings will be supplied to licensees. These

rings have been audited by an independent Notary Public and are stored for the

purpose of future audits as and when required.

(3) Where a person is in possession of a special licence in

terms of these regulations, such licensee shall not use nets with a mesh

size that is less than 18mm x 18mm

Provided that the clap-nets referred to in this sub-regulation

shall consist of two parallel nets spread flat on the ground which

capture birds by clapping over each other on the ground, and which are

armed and operated solely by human intervention without the use of

any external power means including electrical, electronic, or

mechanical means, and the largest size of each such net shall not in

any case exceed thirty-eight (38) square metres

Provided further that if such licensee is in possession of

both the special licence issued under these regulations and the special

licence issued in terms of the Conservation of Wild Birds (Framework

for Allowing a Derogation Opening an Autumn Live-capturing Season

for Song Thrush and Golden Plover) Regulations, such licensee may

only use one clap-net pair (mansab) with nets having a mesh size of

not less than 18mm x 18mm for the capture of all species allowed

under the terms of both special licences, in which case the net size

should still not exceed thirty-eight (38) square metres

Provided further that if such licensee is in possession of

both the special licence issued under these regulations and the special

licence issued in terms of the Conservation of Wild Birds (Framework

for Allowing a Derogation Opening an Autumn Live-capturing Season

for Song Thrush and Golden Plover) Regulations, and provided that

the second clap-net pair is used by such licensee exclusively for the

purpose of live-capturing Golden Plover and, or Song Thrush, the

mesh size and net size of the second clap-net pair shall be in

accordance with the provisions stipulated in that framework

regulations.

For the purpose of the fourth proviso of regulation 10(6) of

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

the research period for the relevant species shall be not more than

sixty-four (64) days in autumn for which the Minister may decide to

declare a research period for the relevant species by means of a legal

notice

Provided that when declaring a research period for the

relevant species, the Minister shall determine that there is no other

satisfactory solution in terms of Article 9(1) of the Birds Directive and

proportionate to the envisaged purpose set out under sub-regulation

1(2) in particular in light of Article 9(2) of the Birds Directive, and

after taking into consideration the recommendations of the Malta Ornis

Committee.

(1)

For the purpose of these regulations and without Special licence.

prejudice to the activities permitted by virtue of regulation 23 of the

Wild Birds Regulations, the capturing and handling of birds from the S.L. 549. 42.

relevant species for research purposes shall be prohibited except by

virtue of a special licence issued by the Wild Birds Regulation Unit in

accordance with these regulations and such research shall only be

carried out during the validity period of the special licence.

(2) Special licences issued under these regulations shall be

against the payment of a fee as established by the Wild Birds

Regulation Unit and by the Conservation of Wild Birds (Declaration L.N.

2020. on a Derogation Allowing a Research Period To Determine Malta’s

Reference Population of Seven Finch Species) Regulations issued for

that specific year.

(3) A special licence for the relevant species shall only be

issued if the person

(a) is in possession of a valid general live-capturing

licence or a valid bird ringing licence issued in terms of the Wild S.L. 549. 42.

Birds Regulations;

(b) satisfies the condition listed in Schedule IV(1)(c) of

S.L. 549. 42.

the Wild Birds Regulations, as applicable;

(c) submits a site plan showing the clap-net pair clearly

outlined in red ink on a site plan approved by the Wild Birds

Regulation Unit; and

(d) attends a mandatory course on the research objectives

of these regulations, applicable legal provisions and other

criteria of relevance and passes an examination prepared for this

purpose by the Wild Birds Regulation Unit;

(e) signs the declaration contained in the application

form for a special licence confirming that he shall read,

understand and abide with all the provisions of these regulations

and with all the conditions of the special licence.

(4) For the purpose of sub-regulation 3(c), the Wild Birds

Regulation Unit shall only consider a clap-net pair as approved if the

following criteria are met

(a) the clap-net pair shall not be located in a protected

area as defined in regulation 2 of the Wild Birds Regulations; S.L. 549. 42.

and

(b)

a research station shall not contain more than one (1)

pair of clap-nets for the relevant species and the licensee shall

not use more than one (1) pair of clap-nets for the relevant

species at any one time.

(5) A registered clap-net pair may be used by one or more

special licence holders during the research period for the relevant

species.

(6) An application for a special licence for the relevant species

shall only be submitted during the period specified for this purpose by

the Wild Birds Regulation Unit.

(1) A special licence shall only be valid for the duration

of the research period as declared in the notice of derogation published

by means of a legal notice.

(2) Without prejudice to the provisions of sub-regulation (1), a

special licence shall

(a) be suspended forthwith where the licensee is accused

of an offence under regulation 27 of the Wild Birds Regulations;

(b) be revoked where the licensee is found guilty of an

offence against regulation 27 of the Wild Birds Regulations; and

(c) lapse and be considered revoked if the Minister

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

research period is to terminate immediately or at a date as

specified by the Minister. All licensees shall be informed

immediately of such lapse and revocation of the special licence

by means of a text message service (SMS) to the number

indicated by that person in the application for a special licence.

Every special licence issued in terms of these regulations

shall

(a) indicate the dates of the research period for the

relevant species;

(b) specify that no capturing may take place between two

(2) hours after sunset and two (2) hours before sunrise of the

following day;

(c) provide that no capturing shall be allowed within

protected areas as defined in regulation 2 of the Wild Birds

Regulations;

(d) specify that the research activity shall only be carried

out within the sites approved for that purpose by the Wild Birds

Regulation Unit, except those that may have been revoked;

(e) specify that the licensee is only authorised to use one Prohibition of

(1) research station for the relevant species at any one time and use

one research

that such research station shall not contain more than one (1) pair station

relevant species

of clap-nets from one (1) hide with each net having an area of not at the same

more than thirty-eight (38) square metres and a mesh size of not time.

less than 18mm x 18mm;

(f) provide that the layering of two or more nets on top Prohibition of

of each other or any other modification, including creation of layering

and creation of

‘pockets’, is strictly prohibited;

‘pockets’.

(g) provide that the licensee shall only use a manually- Selectivity

operated selective clap-net pair which consists of two parallel clap-nets.

nets spread flat on the ground and which is armed and operated

solely by human intervention without the use of any external

power means including electrical, electronic, or mechanical

means;

(h) specify that before the licensee leaves the research Selectivity: nets

station and during prohibited hours, the nets shall either be to

or covered.

removed or completely covered and that during all permitted

hours whilst the licensee is at the research station, the clap-net

pair shall be supervised at all time

Provided that the clap-net pair, including nets, poles

and springs, shall be completely dismantled immediately upon

closure of the research period and removed from the site;

(i) provide that, without prejudice to the second and Selectivity: non-

third provisos to sub-regulation 3(3), the capturing or the attempt target species.

to capture birds or other fauna not from the relevant species and

the use of any means to attract birds not from the relevant species

to the clap-net pair is strictly prohibited, and also provides that in

the unlikely event of an accidental by-catch, such specimen shall

be immediately released by the licensee;

(j) limit possession and, or use of pre-recorded bird calls Pre-recorded

bird calls.

to finches only;

(k) limit the use of live-decoys to birds from the relevant Live-decoys.

species that were fitted with a single-use ring issued by the Wild

Birds Regulation Unit bearing code R16U, to their colour

mutations (colour-variants) fitted with a closed ring and to mules

and, or hybrids

Provided that colour mutations (colour-variants) from the

relevant species may only be used by the licensee as call birds

(‘għajat’) and not as fluttering decoys (‘taħrik’);

(l) require the licensee to record the scientific ring

identification numbers, details of the specimens and the site

location from where it was captured, as specified on the ring

recovery form issued by the Wild Birds Regulation Unit, after

the specimens from the relevant species have been ringed or

controlled, followed by the immediate release of all specimens

from the same research station, and also require that such form is

returned to the Unit within the deadline as specified in a separate

letter issued to the licensee following closure of the research

period;

(m) require that the general live-capturing licence or the

bird ringing licence, as applicable, which also serve as a means

of identification, and the site plan approved by the Wild Birds

Regulation Unit and registered with the Commissioner of Police,

shall be kept by the licensee together with the special licence

issued under these regulations at all times whilst the licensee is

at the research station or travelling to and from the research

station;

(n) require that any legal restriction or obligation,

including with regard to place, dates, days and times, as well as

the conditions set out in the special licence, are strictly complied

with by the licensee;

(o) provide that during the research period, live-decoys

for the purpose of these regulations shall not be kept in cages

smaller than 190mm in length, 130mm in width and 120mm in

height;

(p) provide for other conditions of relevance to ensure

that the derogation is properly implemented and strictly

supervised in line with the Wild Birds Regulations and the Birds

Directive (2009/147/EC); and

(q) reproduce the provisions of regulations 3 and 6 of

these regulations.

(1)

For the time when a research period is open, the

Police shall carry out spot-checks in accordance with sub-regulation

(7) to ensure that the conditions and contents of the special licence, the

provisions of these regulations and the provisions of the Wild Birds

Regulations are being observed.

(2) Should any police officer, in the course of a spot-check

carried out in terms of sub-regulation (1), find sufficient cause for

proceedings to be taken against any person under these regulations, or

other relevant regulations, that officer shall forthwith seize from the

possession of that person the special licence issued under these

regulations and any equipment used for the research activity in

violation of these regulations

Provided that the said person shall be prohibited from

applying for a new special licence issued under these regulations or

under the Wild Birds Regulations, upon conviction by the Court.

S.L. 549. 42.

(3) During the course of a spot-check carried out in terms of

sub-regulation (1), should a police officer find a bird from the relevant

species fitted with a closed ring, or find a bird not fitted with a single-

use ring, or find a bird fitted with a single-use ring bearing code

WBRU 14 or 15RU, or bearing code R16U that was not supplied by

the Wild Birds Regulation Unit in 2016 and 2017, the licence holder

shall be subject to the penalties established in regulation 27 of the Wild S.L. 549. 42.

Birds Regulations. The police officer shall immediately release all

birds from the relevant species not fitted with a ring from the same

research station and seize from the licence holder all birds from the

relevant species fitted with a closed ring or with an unauthorised

single-use ring

Provided that this sub-regulation shall not apply to colour-

variants (mutations), mules and hybrids.

(4) In pursuance of their duties under these regulations, the

Police may be assisted by marshals appointed for this purpose by the

Wild Birds Regulation Unit. The marshals so appointed shall have the

same duties and powers vested in the Police by sub-regulations (1) and

(2).

(5) During all hours for which a research period for the

relevant species is open, the total number of police officers and, or

marshals assigned to carry out spot-checks shall be in the region of

fifty (50). Outside these hours, at least four (4) police officers and, or

marshals shall be on duty.

(6) The police, assisted by marshals as may be necessary, shall

continue to carry out spot-checks until at least four (4) weeks

following the closure of the research period. Following the closure of

the research period for the relevant species, for every one thousand

(1,000) special licences issued that year, a minimum of four (4) police

officers shall be on duty.

(7) In pursuance of their duties under these regulations, the Standard

Police, assisted by marshals as may be necessary, shall carry out daily operating

procedure.

systematic spot-checks throughout the research period, in all the

regions shown in the First Schedule. In Gozo, spot-checks in regions 1

and 3 shall be carried out simultaneously with spot-checks in regions 2

and 4 by separate police officers. In Malta, spot-checks in regions 5, 6

and 8 shall be carried out simultaneously with spot-checks in regions

7, 9 and 10 by separate police officers. Spot-checks within each region

shall be carried out daily. The Police shall forward to the Wild Birds

Regulation Unit the outcome of each spot-check, per region, the

following day, in a format that is agreed in advance with the Wild

Birds Regulation Unit.

(8) Whenever the police request such assistance,

representatives of non-governmental organisations may assist the

Executive Police and marshals appointed in terms of sub-regulation (4)

during spot-checks relevant to these regulations.

(9) The coordinates of the approved clap-net pairs shall be

made public on the internet by the Wild Birds Regulation Unit at least

three (3) days before the start of the research period and shall be

available on-line at all times during the research period.

Any person who fails to comply with any provision of these

regulations, with the contents of the special licence, or with any order

lawfully given in terms of any provision of these regulations or any of

the conditions of the special licence for the relevant species shall be

guilty of an offence and shall, upon conviction, be liable to the

penalties established by regulation 27 of the Wild Birds Regulations

Provided that, unless specified otherwise in these

regulations, where the offence falls under the scope of regulation 27A

of the Wild Birds Regulations, such an offence shall be subject to the

procedure stipulated therein and the penalties stipulated in Schedule

VIII of the Wild Birds Regulations.

The provisions and conditions laid down in these

regulations shall be without prejudice to the Wild Birds Regulations to

the extent that the latter are not inconsistent with these regulations, in

which case, and to the extent of the inconsistency, these regulations

shall prevail.