CONSERVATION OF WILD BIRDS (DECLARATION ON A DEROGATION ALLOWING A RESEARCH PERIOD TO DETERMINE MALTA’S REFERENCE

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING A RESEARCH PERIOD TO

DETERMINE MALTA’S REFERENCE POPULATION OF

SEVEN FINCH SPECIES)

SUBSIDIARY LEGISLATION 549.138

CONSERVATION OF WILD BIRDS (DECLARATION

ON A DEROGATION ALLOWING A RESEARCH

PERIOD TO DETERMINE MALTA’S REFERENCE

POPULATION OF SEVEN FINCH SPECIES)

REGULATIONS

19th October, 2020

LEGAL NOTICE 400 of 2020.

(1)

The title of these regulations is the Conservation

of Wild Birds (Declaration on a Derogation Allowing a Research

Period to determine Malta’s Reference Population of Seven Finch

Species) Regulations and these regulations shall be read and construed

as one with the Conservation of Wild Birds (Framework for Allowing

a Research Derogation to determine Malta’s Reference Population of

Seven Finch Species) Regulations, hereinafter referred to as the

"Framework Regulations".

(2)

For the purpose of these regulations and within the

meaning of Articles 9(1)(b) and 9(2) of the Birds Directive, in

particular read in conjunction with Article 10 and 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

Common

Chaffinch

coccothraustes),

(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", are non-

resident, passage migrants; and

(b)

very limited data on ring recoveries pertaining to

the relevant species have been collected to date* * to provide

conclusive information on the regions of origin of the main bird

** 2 Data on ring recoveries of the relevant species controlled in Malta from 1920s to 2018

is available at: https://birdlifemalta.org/wp-content/uploads/2016/08/BLM-Report_The-

international-impact-of-hunting-and-trapping-in-the-Maltese-Islands.pdf [Sections 3.4 and

(1)

It-termini u l-espressjonijiet użati f’dawn ir-

regolamenti, kemm-il darba r-rabta tal-kliem ma tkunx teħtieġ

xort’oħra, għandu jkollhom l-istess tifsir bħal dak mogħti fir-

Regolamenti dwar il-Konservazzjoni tal-Għasafar Selvaġġi, hawnhekk

iżjed ’il quddiem imsejħa "ir-Regolamenti dwar l-Għasafar Selvaġġi",

u fil-Qafas Regolatorju.

5.3] and https://mgoz.gov.mt/en/Documents/WBRU/Reports%20and%20Statistics/

ringRecov0818.pdf.

* 3 A report on selectivity and mesh-size was presented by the Wild Birds Regulation Unit

to the Mata Ornis Committee on 31 July 2019 (included as Annex A to the Committee

minutes of the same meeting) and is available at: https://mgoz.gov.mt/en/Documents/

WBRU/Reports%20and%20Statistics/selMesSizMetUseLiCa.pdf

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING A RESEARCH PERIOD TO

DETERMINE MALTA’S REFERENCE POPULATION OF

SEVEN FINCH SPECIES)

contingents (reference population), as confirmed by the Court

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

the Minister is hereby ascertaining the absence of another

satisfactory solution to carry out a comprehensive research study

by licensed individuals using registered clap-nets as the most

selective method* 3 for capturing specimens from the relevant

species, in order to record data on ring recoveries (control) and

affix scientific rings, followed by their immediate release back into

the wild and insofar as it 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.

2. The terms and expressions used in these regulations,

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

that given to them in the Conservation of Wild Birds Regulations,

hereinafter referred to as the "the Wild Birds Regulations", and in the

Framework Regulations.

3. (1)

The research period and its associated parameters

shall be in accordance with the provisions of these regulations, with

the provisions of the Framework Regulations and the special licence

conditions.

(2)

For the purpose of these regulations, specimens from the

relevant species shall only be captured by nets known as clap-nets in

accordance with the Framework Regulations and the special licence

conditions.

(3)

Special 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), followed by the immediate release back into the wild of all

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 licence conditions and

the Framework Regulations.

(4)

Licensed bird-ringers in possession of a special licence

issued under the Framework Regulations 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. The

relevant data shall be recorded and submitted to the Wild Birds

Regulation Unit within the timeframe set out in sub-regulation (3) and

in accordance with the conditions of the special licences and the

Framework Regulations.

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING A RESEARCH PERIOD TO

DETERMINE MALTA’S REFERENCE POPULATION OF

SEVEN FINCH SPECIES)

For the purpose of establishing the dates and duration of

the research period under regulation 4 of the Framework Regulations,

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

relevant species for the year 2020 shall be sixty-two (62) days from

20 th October 2020 to 20 th December 2020, both dates included, for

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)

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 licence.

Special licences shall be issued upon the payment of a

nominal fee of twenty-five euro (€25), provided the conditions set out

in sub-regulation 5(3) of the Framework Regulations are met.