Regulations, 2024

L.N. 270 of 2024

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Conservation of Wild Birds (Declaration on a Derogation Allowing

Scientific Research on Seven Finch Species in Autumn 2024)

Regulations, 2024

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 Planning,

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:-

The title of these regulations is the Conservation of Wild Citation.

Birds (Declaration on a Derogation Allowing Scientific Research on

Seven Finch Species in Autumn 2024) Regulations, 2024 and these

regulations shall be read in conjunction with the Conservation of Wild S.L. 549.145.

Birds (Framework for Allowing a Derogation to Carry out Scientific

Research on Seven Finch Species) Regulations, hereinafter referred to

as "the Framework Regulations".

(1) For the purpose of these regulations and within the Scope,

meaning of Article 9 of Directive 2009/147/EC of the European statement

reasons and

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

there is no other

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

Directive", in particular as read in conjunction with Article 10 and solution.

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" or "finches", are non-resident, passage migrant

birds;

(b) ornithologists and licensed bird-ringers have been

* 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 on the site: https://wbru.gov.mt/en/

the-department/ornis-committee/.

unsuccessful in collecting, by means of the mist-net system,

which is the least selective method of capturing birds, the

required data to meet the stated objective of the Finches

Research Project * , with a view to providing conclusive

information on the regions of origin of the main bird contingents

(reference population), as is evidenced by the very limited ring

recovery data collected during the period between 1920 and

2018 ** and as also attested by the judgment of the Court of

Justice of the European Union in Case C-557/15;

(c) the success of the Finches Research Project in

answering its research question "where do finches that migrate

over Malta during post-nuptial (autumn) migration come from?"

does not depend on the participation of ornithologists, as

evidenced by the number of foreign ring recoveries that were

recorded by licensed data collectors, without the collaboration of

ornithologists, during the finches research periods of autumn

2020–2023 *** , which data collection attests the valuable

contribution to research of this citizen science initiative by

tapping into the data collectors’ skills in handling, identifying

and sexing of finches, in line with the principle objectives of the

European Commission’s "Green Paper on Citizen Science" **** ;

(d) bird-ringers who participate in the national ringing

scheme do not use live-decoys for the purpose of scientific

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

*The report "Malta’s finches research project: scope and methodology", dated

May 2020, is available on the site: https://wbru.gov.mt/wp-content/uploads/

2024/04/maltaFinchResScopeMethod-1.pdf.

** Data on ring recoveries of the relevant species controlled in Malta by means

of the mist-net system from 1920s to 2018 is available on the sites: https://

birdlifemalta.org/wp-content/uploads/2016/08/BLM-Report_The-interna-

tional-impact-of-hunting-and-trapping-in-the-Maltese-Islands.pdf [Section

4 and 3.5.3] and https://wbru.gov.mt/wp-content/uploads/2024/04/ringRe-

cov0818-1.pdf. The total number of foreign ring recoveries collected by

ornithologists in Malta during this 99-year period is as follows: fifty-three

(53) Linnets, sixteen (16) Siskins, sixteen (16) Serins, sixteen (16) Green-

finches, seven (7) Chaffinches and four (4) Goldfinches.

*** In contrast to the method adopted by ornithologists and bird-ringers when

using the mist-net system for capturing the relevant species (vide previous

footnote), during the autumn 2020–2023 Finches Research Project, the data

collectors, by using the clap-net system, recorded a total of 32 foreign ring

recoveries from the relevant species: four (4) Linnets, twenty-five (25) Sis-

kins [16 of which were recorded during the research period of autumn

2023], a Greenfinch, a Serin and the first foreign ring recovery of a Haw-

finch recorded during the research period of autumn 2023. This foreign ring

recovery data collected by the licensed data collectors during autumn 2020–

2023 was verified and confirmed by EURING through the national ringing

scheme.

the clap-net system * that "enables a more selective capturing of

birds than mist-nets" ** ;

(e) bird censuses *** , as is the case within the rest of the

Territory of the European Union and elsewhere, are designed to

monitor population size and status, including changes in

breeding and wintering populations and thus cannot provide any

insight on the provenance of populations of migratory species;

(f) bird migration studies record the influx of specimens

through space and time by means of observational counts ****

and thus it is impossible to determine, from such studies, which

of the migrating specimens from the relevant species are fitted

with a scientific ring and which are not, and equally impossible

to record the details of such rings, unless the specimens from the

relevant species are captured and examined physically; and

(g) the lack of robust baseline ring recovery data,

coupled with unpredictable and complex factors ***** that

influence the movement of migratory populations of finches

from their breeding grounds to their wintering grounds during

post-nuptial migration, renders large-scale modelling – a purely

probabilistic approach that requires mass data to prove reliable –

inappropriate to determine the migration ecology of finches and,

consequently, inappropriate to determine the population of the

****European Commission. (2013). "Green Paper on Citizen Science: Citizen

Science for Europe - Towards a Society of Empowered Citizens and

Enhanced Research", available on the site: https://digital-strat-

egy.ec.europa.eu/en/library/green-paper-citizen-science-europe-towards-

society-empowered-citizens-and-enhanced-research.

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

was presented by the Wild Birds Regulation Unit to the Malta Ornis Com-

mittee on 31 July 2019 (included as Annex A to the Committee minutes of

the same meeting), available on the site: https://wbru.gov.mt/wp-content/

uploads/2024/03/oMinThirtstJul19.pdf.

** Vide paragraph 79 of the Opinion of Advocate General Ćapeta in Case C-23/

23, European Commission v. Republic of Malta, delivered on 30 May 2024,

available on the site: https://curia.europa.eu/juris/document/docu-

ment.jsf?text=&docid=286577&pageIn-

dex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=884890.

*** Vide, for example, the birds census objectives of the Pan-European Com-

mon Birds Monitoring Scheme (PECBMS) and the Birds Directive Article

12 reporting obligations, available on the sites: https://www.ebcc.info/what-

we-do/pecbms/ and https://www.eionet.europa.eu/etcs/etc-be/activities/

reporting/article-12 respectively.

****Vide, for example, the objective and methodology of Malta’s finches

migration study that is carried out annually between 15 October and 15 Jan-

uary, available on the site: https://wbru.gov.mt/wp-content/uploads/2024/09/

Finches-migration-study-report-2023.pdf.

regions from which the largest numbers of migratory finches

come before passing through Malta, which explains why

population models mainly focus on studies related to population

dynamics, including predator-prey relationship, rather than on

bird migration.

(2)

The Minister, after ascertaining that

(a) the aforementioned statement of reasons and

evidence are based on the best relevant scientific knowledge;

(b) the design, scope and methodology of the Finches

Research Project are best suited to answer the research question

"where do finches that migrate over Malta during post-nuptial

(autumn) migration come from?";

(c) the design, scope and methodology of the Finches

Research Project render it the least intrusive scientific research

method that is capable of yielding satisfactory results, whilst

adhering to ethical standards that are in line with international

practice; and

(d) the Finches Research Project shall have all the

necessary safeguards, including its implementation under

supervised conditions * and the adoption of ring recovery data

*****These include, inter alia, habitat preferences, resource availability, popu-

lation demographics and weather patterns. Predicting, quantifying, and com-

municating these uncertainties can be challenging, particularly when

translating model outputs into conservation recommendations or manage-

ment actions. Vide: Martin, T. G., Wintle, B. A., Rhodes, J. R., Kuhnert, P.

M., Field, S. A., Low-Choy, S. J. and Possingham, H. P., "Zero tolerance

ecology: Improving ecological inference by modelling the source of zero

observations", Ecology Letters, 8(11), 2005, 1235-1246.

* The Framework Regulations provide for daily police spot-checks in all

regions of Malta and Gozo for the time when a research period is open until

at least four weeks from the termination of the research period with an

enforcement deployment "in the region of fifty (50) Police officers".

Throughout the previous finches research derogation periods (autumn 2020–

2023), there was a minimum of three (3) spot-checks for every five (5) data

collectors and a maximum of one (1) spot-check for every data collector at

any given time in all regions, calculated as a percentage of the total number

of spot-checks carried out and the total number of special research licences

issued for each finches research derogation period. Since the number of spe-

cial research licence holders (data collectors) participating in the finches

research project concurrently on any given day of the derogation periods

was much lower than the total number of licences issued, the number of

daily spot-checks on individual data collectors was much higher overall, and

higher still when the number of data collectors that took part in the research

on any given day during the research period was the lowest.

collection techniques based on established scientific-based

practices and standards, as already applied by data collectors, on

the safe handling of specimens from the relevant species,

is hereby ascertaining the absence of another satisfactory

solution to carry out a comprehensive research study (the "Finches

Research Project") by allowing licensed data collectors to use

registered clap-nets, as the most selective method of capturing

specimens from the relevant species, in order to check for and record

foreign ring recoveries (control) on a ring recovery form issued for this

purpose together with their special research licence, followed by the

immediate release of all captured specimens back into the wild, and by

also allowing licensed bird-ringers, who are hereby formally invited

together with EURING to reconsider their objections to the Finches

Research Project, to place scientific rings on those specimens from the

relevant species captured by data collectors that are not fitted with

such rings, followed by their immediate release back into the wild,

insofar as this 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.

3. The terms and expressions used in these regulations, unless Interpretation.

the context otherwise requires, shall have the same meaning assigned

to them in the Conservation of Wild Birds Regulations, hereinafter S.L. 549.42.

referred to as 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 the

research 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

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 in accordance with regulation 8 of the Framework

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

period for the relevant species for the year 2024 shall be sixty-two (62)

days from the date of publication of these regulations for European

Greenfinch

(Chloris

Hawfinch

(Coccothraustes

chloris),

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

stipulated in regulation 10(5) of the Framework Regulations are

fulfilled.

€0.54