CONSERVATION OF WILD BIRDS (DECLARATION ON A DEROGATION FOR AN AUTUMN 2018 LIVE- CAPTURING SEASON FOR SONG THRUSH AND

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION FOR AN AUTUMN 2018 LIVE-CAPTURING

SEASON FOR SONG THRUSH AND GOLDEN PLOVER)

SUBSIDIARY LEGISLATION 549.125

CONSERVATION OF WILD BIRDS (DECLARATION

ON A DEROGATION FOR AN AUTUMN 2018 LIVE-

CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER) REGULATIONS

19th October, 2018

LEGAL NOTICE 334 of 2018.

(1)

The title of these regulations is the Conservation

of Wild Birds (Declaration on a Derogation for an Autumn 2018 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 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 season.

(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 European Union levels (‘Secure’), and also took into

consideration their IUCN classification as ‘Least Concern’ * .

The terms and expressions used in these regulations,

unless the context otherwise requires, shall have the same meaning as

given 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 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 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

* The July 2018 report on the conservation status of the Golden Plover (Pluvialis

apricaria altifrons) and Song Thrush (Turdus philomelos), which was presented

to the Malta Ornis Committee on 25 July 2018, is available at: https://

msdec.gov.mt/en/Document%20Repository/WBRU/2018/otherReports/conserva-

tionStatusOfGoldenPloverAndSongThrushJuly2018Update.pdf.

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION FOR AN AUTUMN 2018 LIVE-CAPTURING

SEASON FOR SONG THRUSH AND GOLDEN PLOVER)

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 July

2018.

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 (203,000 x 3.64) =

738,920

Mortality rate of 1 st year birds (738,920 x 53.33%) = 394,066

Mortality rate of adults (406,000 x 33.7%) = 136,822

Total annual mortality (394,066 + 136,822) = 530,888

1% of total annual mortality (530,888 x 1%) = 5,309

Song Thrush (Turdus philomelos)

Minimum breeding success 4 birds per pair (1,365,000 x 4) =

5,460,000

Mortality rate of 1 st year birds (5,460,000 x 56%) = 3,057,600

Mortality rate of adults (2,730,000 x 43.3%) = 1,182,090

Total annual mortality (3,057,600 + 1,182,090) = 4,239,690

1% of total annual mortality (4,239,690 x 1%) = 42,396

For the purposes of establishing the period for the live-

capturing of wild birds in Autumn under regulations 10(6)(ii) and (iii)

of the Wild Birds Regulations, and for the purpose of these regulations,

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

the year 2018, hereinafter referred to as "the Autumn live-capturing

season", shall be from the 20 th October 2018 to the 31 st December

2018, 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

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION FOR AN AUTUMN 2018 LIVE-CAPTURING

SEASON FOR SONG THRUSH AND GOLDEN PLOVER)

immediately or at a date as specified by the Minister.

For the purposes of these regulations, the Autumn live-

capturing season shall be in accordance with the provisions of the

Conservation of Wild Birds (Framework for Allowing a Derogation

Opening an Autumn Live-capturing Season for Song Thrush and

Golden Plover), Regulations.

The Autumn live-capturing licence, which shall be issued

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

the overall seasonal bag limit for the Autumn live-capturing season at

5,000 for Song Thrush, equivalent to 0.12% of the total annual

mortality of the reference population, and 700 for Golden Plover,

equivalent to 0.13% 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.