400 tal-2020

L.N. 400 of 2020

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation allowing a

Research Period to determine Malta’s Reference Population of

Seven Finch Species) Regulations, 2020

BY VIRTUE 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, 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 Allowing a Research Period

to determine Malta’s Reference Population of Seven Finch Species)

Regulations, 2020 and these regulations shall be read and construed as

one with the Conservation of Wild Birds (Framework for Allowing a

2020. Research Derogation to determine Malta’s Reference Population of

Seven Finch Species) Regulations, hereinafter referred to as the

"Framework Regulations".

(2) For the purpose of these regulations and within the

meaning of Articles 9(1)(b) and 9(2) of the Birds Directive, in

particular read in conjunction with Article 10 and Annex V(c) of the

said Birds Directive, given that within the territory of the Republic of

Malta

(a) European Greenfinch (Chloris chloris), Hawfinch

(Coccothraustes coccothraustes), Common Chaffinch (Fringilla

coelebs), Common Linnet (Linaria cannabina), Eurasian Siskin

(Spinus spinus), European Goldfinch (Carduelis carduelis) and

European Serin (Serinus serinus), hereinafter referred to as "the

relevant species", are non-resident, passage migrants; and

(b) very limited data on ring recoveries pertaining to the

relevant species have been collected to date* ** to provide

conclusive information on the regions of origin of the main bird

* * The recommendations of the Malta Ornis Committee on this derogation under Article 9(1)(b) of the Birds

Directive for research on the seven finch species and associated parameters are available at: https://

mgoz.gov.mt/en/Pages/WBRU/Ornis-Committee.aspx (26 August 2020).

contingents (reference population), as confirmed by the Court of

Justice of the European Union in case reference C-557/15;

the Minister is hereby ascertaining the absence of another

satisfactory solution to carry out a comprehensive research study by

licensed individuals using registered clap-nets as the most selective

method* 3 for capturing specimens from the relevant species, in

order to record data on ring recoveries (control) and affix scientific

rings, followed by their immediate release back into the wild and

insofar as it is absolutely necessary to obtain data to determine

Malta’s reference population of the relevant species, in accordance

with the provisions of the Birds Directive and the Framework

Regulations.

The terms and expressions used in these regulations, unless Interpretation.

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

given to them in the Conservation of Wild Birds Regulations, S.L. 549.42.

hereinafter referred to as the "the Wild Birds Regulations", and in the

L.N. 399 of

Framework Regulations.

2020.

(1) The research period and its associated parameters Research

shall be in accordance with the provisions of these regulations, with according

framework and

the provisions of the Framework Regulations and the special licence special

conditions.

conditions.

L.N. 399 of

2020. (2) For the purpose of these regulations, specimens from the

relevant species shall only be captured by nets known as clap-nets in

accordance with the Framework Regulations and the special licence L.N.

2020. conditions.

** * 2 Data on ring recoveries of the relevant species controlled in Malta from 1920s to 2018 is available at

https://birdlifemalta.org/wp-content/uploads/2016/08/BLM-Report_The-international-impact-of-hunting-

and-trapping-in-the-Maltese-Islands.pdf [Sections 3.4 and 3.5.3] and https://mgoz.gov.mt/en/Documents/

WBRU/Reports%20and%20Statistics/ringRecov0818.pdf.

* 3 A report on selectivity and mesh-size was presented by the Wild Birds Regulation Unit to the Mata Ornis

Committee on 31 July 2019 (included as Annex A to the Committee minutes of the same meeting) and is

available at: https://mgoz.gov.mt/en/Documents/WBRU/Reports%20and%20Statistics/

selMesSizMetUseLiCa.pdf

(3) Special licence holders may capture and handle birds from

the relevant species to determine which specimens are fitted with a

scientific ring, to record the scientific ring identification numbers

(control), followed by the immediate release back into the wild of all

specimens from the same research site, and submit the ring recovery

form supplied for this purpose by the Wild Birds Regulation Unit

within the period established by the Unit following closure of the

research period, in accordance with the special licence conditions and

the Framework Regulations.

2020. (4) Licensed bird-ringers in possession of a special licence

issued under the Framework Regulations may affix a scientific ring on

2020. specimens pertaining to the relevant species, followed by their

immediate release back into the wild from the same research site. The

relevant data shall be recorded and submitted to the Wild Birds

Regulation Unit within the timeframe set out in sub-regulation (3) and

in accordance with the conditions of the special licences and the

Framework Regulations.

For the purpose of establishing the dates and duration of the

research period under regulation 4 of the Framework Regulations, and

for the purpose of these regulations, the research period for the

2020. relevant species for the year 2020 shall be sixty-two (62) days from

20 th October 2020 to 20 th December 2020, both dates included, for

European Greenfinch (Chloris chloris), Hawfinch (Coccothraustes

coccothraustes), Common Chaffinch (Fringilla coelebs), Common

Linnet (Linaria cannabina), Eurasian Siskin (Spinus spinus),

European Goldfinch (Carduelis carduelis) and European Serin

(Serinus serinus)

Provided that the provisions of these regulations shall cease

to have effect and no research activity shall be permitted in the event

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

number indicated by that person in the application for a special

licence.

Special licences shall be issued upon the payment of a

nominal fee of twenty-five euro (€25), provided the conditions set out

in sub-regulation 5(3) of the Framework Regulations are met.

2020. €0.27