Golden Plover) Regulations, 2023

L.N. 248 of 2023

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation for an

Autumn 2023 Live-capturing Season for Song Thrush and

Golden Plover) Regulations, 2023

IN EXERCISE 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 and after

consultation with the Environment and Resources Authority, and after

taking into account the recommendations of the 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 2023 Live- scope.

capturing Season for Song Thrush and Golden Plover) Regulations,

2023 and shall be read in conjunction with the Conservation of Wild S.L. 549.74.

Birds (Framework for Allowing a Derogation Opening an Autumn

Live-Capturing Season for Song Thrush and Golden Plover)

Regulations.

(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 purposes 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 Ornis Committee to open a live-capturing season for Golden Plover and

Song Thrush, as well as the associated parameters, are available on the site: https://ministryfor-

gozo.gov.mt/en/Pages/WBRU/Ornis-Committee.aspx (10 October 2023).

The terms and expressions used in these regulations, unless

the context otherwise requires, shall have the same meaning as

assigned to them in the Conservation of Wild Birds Regulations,

hereinafter referred to as the "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 purposes 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 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 purposes 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 in the

case of the Golden Plover (Wetlands International, 2009) and

Romania, Bulgaria and Hungary in the case of the Song Thrush

(Cramp et al, 1988; Spina & Volponi, 2008), as detailed in the report

on the conservation status of the these two (2) species which was

presented to and endorsed by the Ornis Committee in October 2023 ** .

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 adult birds: (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)

*** The August 2023 report on the conservation status of the Golden Plover (Pluvialis apricaria alti-

frons) and Song Thrush (Turdus philomelos), is available on the site: https://ministryfor-

gozo.gov.mt/en/Pages/WBRU/Reports%20and%20Statistics/Other%20Reports%E2%80%8B/

Other-Reports.aspx

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 adult birds: (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 in accordance with sub-paragraphs of the season.

(ii) and (iii) of the fourth proviso to regulation 10(6) of the Wild Birds S.L. 549.42.

Regulations, and for the purpose of these regulations, the season for

the live-capturing of Song Thrush and Golden Plover for the year

2023, hereinafter referred to as "the Autumn live-capturing season",

shall be on the following dates

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

2023 and 31st December 2023, both dates included; and

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

November 2023 and 10th January 2024, 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