Scientific Research on Seven Finch Species) Regulations, 2021

L.N. 395 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation Allowing

Scientific Research on Seven Finch Species) Regulations, 2021

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

the Environment Protection Act, the Minister responsible for the

Environment, Climate Change and Planning 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 Scientific Research

on Seven Finch Species) Regulations, 2021 and these regulations shall

be read and construed as one with the Conservation of Wild Birds

(Framework for Allowing a Derogation to Carry out Scientific

Research on 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;

(b) the mist-net system used for capturing birds is not

adequate to provide data* ** on ring recoveries pertaining to the

relevant species to provide conclusive information on the regions

of origin of the main bird contingents (reference population), as

confirmed by the Court of Justice of the European Union in Case

* * 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 (13 October 2021).

C-557/15; and since

(c) bird-ringers from the national ringing scheme cannot

and are ethically against the use live-decoys for the purpose of

ringing and control, which live-decoys are the key component of

how a clap-net system operates* 3 ,

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

assigned 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

Framework Regulations.

(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 research special

licence

licence conditions.

conditions.

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

relevant species shall only be captured by selective nets known as

clap-nets in accordance with the Framework Regulations and the

special research licence conditions.

(3) Special research 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), report all specimens captured in real-time after the

immediate release back into the wild of all such specimens from the

same research site, and submit the ring recovery form supplied for this

*** 2 Data on ring recoveries of the relevant species controlled in Malta by means of the mist-net system

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/ringRe-

cov0818.pdf.

* 3 A report on selectivity and mesh-size and how the clap-net system operates 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/Docu-

ments/WBRU/Reports%20and%20Statistics/selMesSizMetUseLiCa.pdf

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 research licence conditions and in

accordance with the provisions of regulation 7 of the Framework

Regulations.

(4) Licensed bird-ringers may affix a scientific ring on

specimens pertaining to the relevant species, followed by their

immediate release back into the wild from the same research site in

accordance with the provisions of sub-regulation (5) of regulation 7 of

the Framework Regulations.

For the purpose of establishing the dates and duration of the

research period under regulation 8 of the Framework Regulations, and

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

relevant species for the year 2021 shall be sixty-two (62) days from

20 th October 2021 to 20 th December 2021, 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 short message service (SMS) to the

number indicated by that person in the application for a special

research licence.

Special research licences shall be issued upon the payment

of a nominal fee of twenty-five euro (€25), provided that the

conditions set out in sub-regulation (5) of regulation 10 of the

Framework Regulations are met.

€0.27