SPECIES PROTECTION (DESIGNATION OF NATIONAL SPECIES) REGULATIONS

(DESIGNATION OF NATIONAL SPECIES)

SUBSIDIARY LEGISLATION 549.120

SPECIES PROTECTION (DESIGNATION OF

NATIONAL SPECIES) REGULATIONS

23rd January, 2018

LEGAL NOTICE 25 of 2018, as amended by Legal Notice 233 of 2024.

The title of these regulations is the Species Protection

(Designation of National Species) Regulations.

NATIONAL SPECIES OF THE MALTESE ISLANDS

Schedule I(a): National Species (Birds)

SCIENTIFIC

MALTESE

ENGLISH

NATIONAL

NAME

NAME

NAME

SPECIES

Il-Merill;

Blue Rock

National Bird

Monticola solitarius

Iċ-Ċikkudiddiju

Thrush

Schedule I(b): National Species (excluding birds)

SCIENTIFIC

MALTESE

ENGLISH

NATIONAL

NAME

NAME

NAME

SPECIES

Mediterranean

Il-Bużaqq

National Fish

Aphanius fasciatus

Killifish

In-Naħla ta’

Maltese

Malta; In-Naħla

National Insect

Apis mellifera ruttneri

Honey Bee

Maltija

Palaeocyanus

Maltese

crassifolius

Widnet il-Baħar

Rock-Centaur

National Plant

(=Cheirolophus

y

crassifolius)

Il-Qabru;

Maltese

National

Potamon fluviatile

Il-Granċ tal-Ilma

Freshwater

Crustacean

lanfrancoi

Ħelu

Crab

Arar Tree

L-Għargħar;

Tetraclinis articulata

Alerce;

(=Callitris

Is-Siġra

National Tree

Sandarac

tal-Għargħar

quadrivalvis)

Gum Tree

(DESIGNATION OF NATIONAL SPECIES)

The aim of these regulations is to declare the National

Species of the Maltese Islands and apply provisions for their protection.

PART I: INTERPRETATION

Penalties for offences on species listed in Schedule I(a)

Any person who commits, or attempts to commit an offence

relating to birds listed in Schedule I(a) shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

seven hundred and fifty euro (€750) for each specimen but not

exceeding five thousand euro (€5,000) for each specimen and

the confiscation of the corpus delicti.

The Court shall also order the suspension of any

general license or permit, issued under these regulations, the

Conservation of Wild Birds Regulations and under Part XV of

the Code of Police Laws for a period of not less than two years

but not exceeding five years.

(b) on a second conviction or subsequent conviction, to a

fine (multa) of not less than one thousand five hundred euro

(€1,500) for each specimen but not exceeding ten thousand euro

(€10,000) for each specimen or to imprisonment for a term of

not less than six months but not exceeding two years, or to both

such fine and imprisonment and also the confiscation of the

corpus delicti.

The Court shall also order the permanent revocation of

any general licence or permit, issued under these regulations, the

Conservation of Wild Birds Regulations and under Part XV of

the Code of Police Laws

Provided that the Court may, in its discretion, impose a

Community Service Order on the offender in terms of the

Probation Act.

(c) Any person who hunts or attempts to hunt or takes or

attempts to take birds listed in Schedule I(a) without a valid

general licence shall be liable to the punishments contemplated

under paragraph (b) and the Courts shall also order that the

convicted person shall be disqualified from obtaining a general

licence under the Conservation of Wild Birds Regulations and

under Part XV of the Code of Police laws for life and where such

general licence has been permanently revoked in terms of

paragraph (b) or the Court has already ordered the

disqualification from obtaining a general licence for life, such

person shall, upon conviction, be liable to a fine (multa) of not

less than seven thousand euro (€7,000) but not exceeding fifteen

thousand euro (€15,000) and to imprisonment for a term of not

less than one year but not exceeding two years.

(d)

Without prejudice to the provision of this Schedule, in

(DESIGNATION OF NATIONAL SPECIES)

determining the gravity of the offence the Court may consider the

factors laid down under the fourth proviso of regulation 27(2) of the

Conservation of Wild Birds Regulations.

Penalties for offences on species listed in Schedule I(b)

Any person who commits, or attempts to commit an offence

relating to species in Schedule I(b) shall be liable

(a) in the case of a first offence, a fine (multa) of not less

than seven hundred and fifty (€750) euro for each specimen, but

not exceeding five thousand euro (€5,000) for each specimen

and also the confiscation of the corpus delicti;

(b) in the case of a second or subsequent offence, a fine

(multa) of not less than one thousand five hundred euro

(€1,500) for each specimen, but not exceeding ten thousand

euro (€10,000) for each specimen, or imprisonment for a period

not exceeding two years, or both such fine and imprisonment;

and also the confiscation of the corpus delicti.

(c) With respect to offences involving species in

Schedule I(b) additional sanctions, as laid down under sub-

regulation (5), (6) and (7) of regulation 49 of the Flora, Fauna

and Natural Habitats Protection Regulations shall apply.

In these regulations the following definitions shall apply. In

addition, unless already defined in these regulations, the terms defined

in the Flora, Fauna and Natural Habitats Protection Regulations shall

apply, as applicable

"the Act" means the Environment Protection Act;

"bird" and "birds" shall have the same meaning as the

terms defined under regulation 2 of the Conservation of Wild

Birds Regulations;

"the competent authority" means the authorities

designated in regulation 4 who shall be responsible for the

implementation of these regulations;

"general licence" shall have the same meaning as the

term defined under regulation 2 of the Conservation of Wild

Birds Regulations;

"National Species of the Maltese Islands" or "National

Species" means native species which may serve as ambassadors

by attracting public interest in conservation efforts both for

those species and other species at risk. Such National Species

are indicated in Schedule I;

"relevant regulations" includes the Trade in Species of

Fauna and Flora Regulations, the Conservation of Wild Birds

Regulations, the Flora, Fauna and Natural Habitats Protection

Regulations and the Trees and Woodlands Protection

Regulations;

"specimen" means any animal or plant, in any stage of its

life cycle, whether dead or alive, whether whole or in part,

whether in the original form or after having undergone any

transformation. It includes any part or derivative thereof, as

well as any other goods which appear, from an accompanying

document, the packaging or a mark or label, or from any other

circumstances, to be parts or derivatives of animals of plants of

(DESIGNATION OF NATIONAL SPECIES)

those species

Provided that the term "specimen" in relation to

Apis mellifera ruttneri refers to a bee colony.

The competent authority responsible for the administration,

implementation, compliance assurance and enforcement of these regulations

shall be

(a)

the Environment and Resources Authority for flora,

fauna and other wildlife, as laid down under the Act with the

exception of the provisions of the Conservation of Wild Birds

Regulations; and

(b)

the Wild Birds Regulation Unit for birds, as laid

down under the Conservation of Wild Birds Regulations.

PART II: PROTECTION OF WILD SPECIES

The competent authority may designate further National

Species, provided that such species are in line with one or more of the

following criteria

(a)

wild species native to Malta or are representative

of the Maltese flora and fauna; or

(b)

wild species endemic to the Maltese Islands and its

waters; or

(c)

species of particular importance because of their

scientific, ecological, biodiversity, biogeographical, landscape

or educational interest; or

(d)

species with specific cultural

or

historical

connection with Malta and its identity; or

(e)

threatened, rare and possibly extinct species,

particularly species with a restricted distribution in Malta; or

(f)

charismatic species that serve as a symbol or focus

point to raise environmental awareness and consciousness and

can be employed as flagship species; or

(g)

species with the potential to enhance acceptance of

habitat preservation or capable of favourably influencing

attitudes towards environment conservation and management; or

(h)

species which in the competent authority’s opinion

contain similarly relevant criteria.

PART III: PROHIBITIONS

(1)

Without prejudice to the relevant regulations, the

species included in Schedule I are designated as ‘National Species’ and are

protected in terms of the Act.

(DESIGNATION OF NATIONAL SPECIES)

(2)

For species listed in Schedule I the prohibitions referred

to under the relevant regulations shall apply, unless duly authorised by

the competent authority.

PART IV: SURVEILLANCE AND CONSERVATION

The competent authority shall, as far as possible and as

appropriate, in particular for the purposes of these regulations and the

related regulations

(a)

undertake surveillance and monitoring of National

Species and their habitats;

(b)

identify processes and categories of activities

which have or are likely to have significant adverse impacts on

National Species;

(c)

assess the status, range, population trends of

National Species; and

(d)

maintain and organise, by any mechanism data

derived from identification and monitoring activities pursuant

to paragraphs (a) and (b).

The competent authority shall, as far as possible, and as

appropriate

(a)

take measures to promote the conservation of

National Species;

(b)

take steps to avoid the deterioration of the habitats

of National Species within protected sites;

(c)

prevent the introduction of, control or eradicate

those invasive alien species which may threaten National

Species, provided that such measures do not affect negatively

any species used for apiculture; and

(d)

endeavour to provide conditions needed for

compatibility between present uses and the conservation of

National Species and their habitats.

PART V: COMMUNICATION

The competent authority may promote education and general

information on the need to protect National Species. In this respect, the

competent authority, may promote and encourage

(a)

appropriate publicity for the designation of

National Species;

(b)

the dissemination of information on National Species

and their habitats held by the competent authority, and that this is

made available to the public, according to the provisions set by the

Freedom of Access to Information on the Environment Regulations;

(DESIGNATION OF NATIONAL SPECIES)

and

(c)

co-operation, as appropriate, with national bodies and

entities in developing educational and public awareness programmes,

with respect to National Species and their habitats.

PART VI: PERMITTING, OFFENCES AND PENALTIES

Any assessment carried out or permit issued by the

competent authority in accordance with the relevant regulations shall be

deemed as issued under these regulations

Provided that any registration in accordance with the Bee

Keeping Regulations involving, inter alia, the use of the National

Insect as referred to in Schedule I(b), for the production of honey, royal

jelly, propolis, beeswax or other honey bee related products, is to be

considered as a valid permit for Apis mellifera ruttneri under these

regulations and under the Flora, Fauna and Natural Habitats Protection

Regulations.

Where the competent authority believes that a person has

committed an offence under these regulations on species listed under

Schedule I(b), the competent authority may issue an administrative fine

of not less than seven hundred and fifty euro (€750) for each specimen

but not exceeding five thousand euro (€5,000) for each specimen

Provided that the competent authority may issue such

administrative fine only once for the same person under these

regulations

Provided that no proceeding may be taken or continued to

be taken against the said person in respect of such criminal offence

mentioned in this regulation should such a person settle the concerned

penalty.

Without prejudice to any applicable regulation under the Act,

any person

(a)

who fails to observe the provisions of these

regulations; or

(b

who infringes any restriction, prohibition or need

imposed by these regulations or by virtue thereof; or

(c)

who fails to observe any condition of a permit or

authorisation granted under the provisions of these regulations;

or

(d)

who acts in contravention of any provision of these

regulations, or

(e)

who conspires or attempts to conspire, aids or

(DESIGNATION OF NATIONAL SPECIES)

attempts to aid, abets or attempts to abet, counsels or attempts

to counsel, procures or attempts to procure any other person to

contravene the provisions of these regulations, or to fail from

complying with any one of these provisions, or to infringe any

restriction, prohibition or need imposed by these regulations or

by virtue thereof,

shall be guilty of an offence against these regulations. Such offence

shall be subject to the relevant penalties stipulated in Schedule II.