Plover) Regulations, 2022

L.N. 259 of 2022

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation for an

Autumn 2022 Live-capturing Season for Song Thrush and Golden

Plover) Regulations, 2022

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

the Environment Protection Act, the Minister responsible for the

Environment, Energy and Enterprise 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 Citation and

Wild Birds (Declaration on a Derogation for an Autumn 2022 Live- scope.

capturing Season for Song Thrush and Golden Plover) Regulations,

2022. (2) For the purpose of these regulations and within the

meaning of Article 9 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", 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 (5 October 2022).

** The August 2022 report on the conservation status of the Golden Plover (Pluvialis apricaria alti-

frons) and Song Thrush (Turdus philomelos), is available at: https://mgoz.gov.mt/en/Pages/WBRU/

Reports%20and%20Statistics/Other%20Reports%E2%80%8B/Other-Reports.aspx

The terms and expressions used in these regulations, unless

the context otherwise requires, shall have the same meaning assigned

to them in the Conservation of Wild Birds Regulations, hereinafter

referred to as the "Wild Birds Regulations", and in the Conservation of

Wild Birds (Framework for Allowing a Derogation Opening an

Autumn Live-Capturing Season for Song Thrush and Golden Plover)

Regulations.

For the purpose of these regulations, the Golden Plover and

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

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

II Part B). 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 October 2022* * .

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

population of Golden Plover and Song Thrush shall be calculated as

follows

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- Establishment

capturing of wild birds in Autumn under paragraphs (ii) and (iii) of the of the season.

fourth proviso to regulation 10(6) of the Wild Birds Regulations, and for S.L. 549.42.

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

Song Thrush and Golden Plover for the year 2022, 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

2022 and 31 st December 2022, both dates included; and

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

November 2022 and 10 th January 2023, 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- Live-capturing

capturing season shall be in accordance with the provisions of the according

framework.

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.

The Autumn live-capturing licence, which shall be issued Seasonal quotas

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

licence fee.

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.

€0.36