257 tal-2022 - Regolamenti tal-2022 dwar il-Konservazzjoni tal-Għasafar Selvaġġi (Dikjarazzjoni Dwar Deroga li Tippermetti Riċerka Xjentifika fuq Seba’ Speċi tal-Għasafar tal-Għana fil-Ħarifa tal-2022)

L.N. 257 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation Allowing

Scientific Research on Seven Finch Species in Autumn 2022)

Regulations, 2022

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 consideration 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 in Autumn 2022) Regulations, 2022 and these

regulations shall be read inconjunction 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 Directive 2009/147/EC of the

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

conservation of wild birds, hereinafter referred to as the "Birds

Directive", in particular as 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

* 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 (5 October 2022).

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

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

C-557/15; and since

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

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

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

how a clap-net system operates * ** ,

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*** 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 assigned S.L. 549.42.

to them in the Conservation of Wild Birds Regulations and in the S.L. 549.145.

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

** 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-hunt-

ing-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.

*** 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

immediate release back into the wild of all such 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 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 7(5) 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 2022 shall be sixty-two (62) days from

20 th October 2022 to 20 th December 2022, 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

research licence.

Special research licences shall be issued upon the payment

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

established in sub-regulation 10(5) of the Framework Regulations are

fulfilled.

€0.27