Plover) Regulations, 2021

L.N. 396 of 2021

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation for an

Autumn 2021 Live-capturing Season for Song Thrush and Golden

Plover) Regulations, 2021

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 the Conservation of

Wild Birds (Declaration on a Derogation for an Autumn 2021 Live-

capturing Season for Song Thrush and Golden Plover) Regulations,

2021. (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

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 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://mgoz.gov.mt/en/Pages/

WBRU/Ornis-Committee.aspx (14 July 2021).

*** The May 2021 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 14

July 2021, is available at: https://mgoz.gov.mt/en/Documents/WBRU/Reports%20and%20Statis-

tics/consStaRepMay21GpSt.pdf

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

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.

For the purpose of these regulations, the Golden Plover and Determination

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

population and

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

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 species, which was presented to and endorsed by the

Malta Ornis Committee in July 2021 ** 2 .

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

population of Golden Plover and Song Thrush shall be calculated as 1%

annual mortality

follows

of the reference

population.

Golden Plover (Pluvialis apricaria altifrons)

Minimum breeding success: 3.64 birds per pair (172,089 x 3.64)

= 626,404

Mortality rate of first year birds: (626,404 x 53.33%) = 334,061

Mortality rate of adults: (344,178 x 27%) = 92,928

Total annual mortality: (334,061 + 92,928) = 426,989

1% of total annual mortality: (426,989 x 1%) = 4,270

Song Thrush (Turdus philomelos)

Minimum breeding success: 4 birds per pair (2,026,018 x 4) =

8,104,072

Mortality rate of first year birds: (8,104, 072 x 56%) = 4,538,280

Mortality rate of adults: (4,052,036 x 43.3%) = 1,754,532

Total annual mortality: (4,538,280 + 1,754,532) = 6,292,812

1% of total annual mortality: (6,292,812 x 1%) = 62,928

For the purposes of establishing the season for the live-

capturing of wild birds in Autumn under sub-paragraphs (ii) and (iii)

of the fourth proviso to regulation 10(6) of the Wild Birds Regulations,

and for the purpose of these regulations, the season for the live-

capturing of Song Thrush and Golden Plover for the year 2021,

hereinafter referred to as "the Autumn live-capturing season", shall be

on the following dates

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

2021 and 31 st December 2021, both dates included; and

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

November 2021 and 10 th January 2022, 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 is to terminate immediately or at a date as specified by the

Minister.

For the purposes of these regulations, the Autumn live-

capturing season shall be in accordance with the provisions of the

Conservation of Wild Birds (Framework for Allowing a Derogation

Opening an Autumn Live-Capturing Season for Song Thrush and

Golden Plover), Regulations.

The Autumn live-capturing licence, which shall be issued

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

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

thousand (5,000) for Song Thrush, equivalent to 0.079% of the total

annual mortality of the reference population, and seven hundred (700)

for Golden Plover, equivalent to 0.164% 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.

€0.27