CONSERVATION OF WILD BIRDS (FRAMEWORK FOR ALLOWING A DEROGATION TO CARRY OUT SCIENTIFIC RESEARCH ON SEVEN FINCH

ALLOWING A DEROGATION TO CARRY OUT

SCIENTIFIC RESEARCH ON SEVEN FINCH SPECIES)

SUBSIDIARY LEGISLATION 549.145

CONSERVATION OF WILD BIRDS (FRAMEWORK

FOR ALLOWING A DEROGATION TO CARRY OUT

SCIENTIFIC RESEARCH ON SEVEN FINCH

SPECIES) REGULATIONS

19th October, 2021

LEGAL NOTICE 394 of 2021, as amended by Legal Notice 256 of 2022.

(1)

The title of these regulations is the Conservation

of Wild Birds (Framework for Allowing a Derogation to Carry out

Scientific Research on Seven Finch Species) Regulations.

(2)

The scope of these regulations is to establish a

framework for allowing, under strictly supervised conditions and in a

selective manner, a research derogation to obtain scientific data on

Malta’s reference population of the seven finch species enumerated in

regulation 2 (defined as the "relevant species" for the purpose of these

regulations) on the basis of Article 9(1)(b) of Directive 2009/147/EC

of the European Parliament and of the Council of 30 November 2009

on the Conservation of Wild Birds (Birds Directive) in particular read

in conjunction with Article 10 and Annex V(c) of the Birds Directive,

and in terms of sub-regulation 9(1)(e) of the Conservation of Wild

Birds Regulations, hereinafter referred to as "the Wild Birds

Regulations".

Subdivision of Malta and Gozo into regions for systematic spot-checks

at research stations



(1)

Terms and expressions used in these regulations,

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

assigned to them in the Wild Birds Regulations.

(2)

Without prejudice to the provisions of sub-regulation (1),

unless the context otherwise requires

"control" means, the capturing and handling of birds from the

relevant species to determine which specimens are fitted with a

scientific ring, to record the scientific ring identification numbers,

details of the specimens and the site location from where they were

captured, as specified on the ring recovery form issued by the Wild

Birds Regulation Unit, followed by the immediate release back into

the wild of all specimens from the same research site, and the

submission of data as specified in the special research licence;

"licensee" or "data collector" means a natural person aged

eighteen (18) years or over who is in possession of a special research

licence issued under these regulations;

"live-decoy" means any specimen from the relevant species

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closed ring, any specimen from the relevant species fitted with a fitted

with a single-use ring, their mules and, or hybrids used by the licensee

as call birds (‘għajat’), including those held by cotton string and

swivel (‘taħrik’) in accordance with regulation 7(1)(h) of the Wild

Birds Regulations

Provided that colour mutations (colour-variants) from the

relevant species may only be used by the licensee (i) as call birds

(‘għajat’), not as fluttering decoys (‘taħrik’) and (ii) to the extent these

colour mutations are fitted with a closed ring;

"protected area" has the same meaning as defined in the Wild

Birds Regulations;

"Regulatory Body" means the entity responsible for the carrying

out of this scientific research, which may work in partnership with an

accredited university or other recognised research institute;

"relevant species" means 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);

"research period" means the period, as may be established in

terms of regulation 8, during which birds from the relevant species are

controlled and, or fitted with scientific rings and, or satellite-tags from

research sites to obtain data on the migratory routes, for the purpose of

establishing Malta’s reference population of the relevant species;

"research site" or "site" means the location clearly outlined on a

site plan which is approved for that purpose by the Wild Birds

Regulation Unit in terms of sub-regulation (6) of regulation 6 and

registered with the Commissioner of Police, which contains not more

than one (1) research station;

"research station" means the footprint area within the research

site containing not more than one (1) pair of horizontal clap-nets from

a hide, which may be used by one or more licensees, with each net

having an area not larger than twenty thirty-eight square metres, and

the clap-net pair clearly outlined in red ink on the approved site plan;

"satellite-tag" means, for the purpose of these regulations, a

small electronic lightweight device that is fitted on specimens from the

relevant species supplied for this purpose by the Regulatory Body to

track and map their migration routes in real-time without the need to

recapture the specimens to extract the data;

"scientific bird ringing" means a research method based on the

individual marking of wild birds with a view to providing data on

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SCIENTIFIC RESEARCH ON SEVEN FINCH SPECIES)

species’ survival rates, migration, movement and dispersal patterns,

population dynamics and ecological processes for conservation

purposes, which involves

(a)

the capture and handling of wild birds using nets

and pre-recorded bird calls;

(b)

the attachment of an individually marked

scientific ring on a wild bird to enable individual identification

and, or the attachment of a satellite-tag to record its precise

movements;

(c)

the taking of various biometric and morphometric

measurements such as size, weight, conditions of feather moult

and indications of age and sex of the specimen;

(d)

the recording of the scientific ring identification

number and biometric information through a special scientific

database accessible to scientific bird-ringers and researchers in

other regions or countries; and

(e)

the immediate release of the birds caught back

into the wild after performing the necessary measurements and

attachment of scientific rings and, or satellite-tags, or after

recording the necessary information from bird specimens

already fitted with a scientific ring and, or satellite-tag;

"scientific bird-ringer" means a person who is licensed by the

Wild Birds Regulation Unit to perform scientific bird ringing activities

in accordance with regulation 23 of the Wild Birds Regulations;

"scientific ring" means an open leg-ring or leg-band supplied by

a scheme that represents licensed scientific bird-ringers, of a size that

is species-specific bearing a unique identification number to keep

track of the movements of the bird and its life history when re-

captured;

"single-use ring" means, for the purpose of these regulations,

rings that were issued by the Wild Birds Regulation Unit in 2016 and

2017, bearing code R16U * * ;

"special research licence" means a licence issued in accordance

with regulation 10;

"subset from the relevant species" means finches within a

distinct group of species that, owing to their different ecological and

* * No new or replacement single-use rings were or shall be supplied to

licensees. These rings have been audited by an independent Notary Public

and are stored for the purpose of future audits as and when required.

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behavioural characteristics, which vary significantly from one species

to another and from one site to another, frequent specific habitat types

of the Maltese Islands that are suitable for that particular group during

their migration, such as open landscapes or agricultural land in the

case of Linnet, Serin, Greenfinch and Goldfinch, and wooded areas in

the case of Hawfinch, Siskin and Chaffinch.

(1)

The Regulatory Body responsible for the carrying

out of the scientific research shall be the Wild Birds Regulation Unit

and, or any other competent body and, or Authority that the Minister

may deem fit from time to time.

(2)

The Regulatory Body may, in discharge of its duties,

appoint any scientific experts including qualified ornithologists and, or

data analysts for the proper execution, analysis, processing and

extrapolation of data collected.

(3)

The Regulatory Body shall ensure that all experts possess

the necessary recognised qualifications to act as experts for the

purposes of the scientific research being carried out.

(1)

The Regulatory Body shall establish those

parameters it deems fit so as to ensure that the scientific research being

carried out will possess enough empirical data so as to be scientifically

valid.

(2)

The Regulatory Body shall take special consideration to

the particular situations of the country, including but not limited to

(a)

the limited land area of the country;

(b)

the physical division of the country into different

islands;

(c)

the effect of atmospheric and climatic factors on

migration, including wind direction and speed; and

(d)

the effect of ecological and behavioural

characteristics of the relevant species on the selection criteria of

research sites to ensure that each research station is

appropriately located to ensure that data collection is

representative of at least a subset from the relevant species.

(3)

In order to limit to a minimum the possible variables, the

Regulatory Body shall ensure that data is collected on the basis of a

quantitative sampling providing a wide spectrum of data for analysis.

The Regulatory Body shall a priori establish those

deliverables which are being sought by the current scientific research

including but not limited to an assessment of all the variables set out in

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regulation 4.

(1)

The research study shall, in line with current

knowledge, after due assessment and analysis, ensure that

(a)

there is no other satisfactory solution; and

(b)

selectivity, including the reduction to a minimum

of any accidental by-catch, is ascertained.

(2)

For the purpose of these regulations, birds from the

relevant species may only be captured by selective** * nets known as

clap-nets for the purpose of control and, or affixing of scientific rings

and, or satellite-tags, in accordance with these regulations.

(3)

The capturing or the attempt to capture birds not from the

relevant species and the use of any means to attract birds not from the

relevant species to the clap-net pair is strictly prohibited.

(4)

In the unlikely event of an accidental by-catch, such

specimen shall be immediately released back into the wild.

(5)

The nets used shall under no circumstance have a mesh

size that is less than 18mm x 18mm

Provided that the clap-nets referred to in this sub-

regulation shall consist of two parallel nets spread flat on the ground

which capture birds unharmed by clapping (folding) over each other

on the ground, and which are armed and operated solely by human

intervention without the use of any external power means including

electrical, electronic, or mechanical means, and the largest size of each

such net shall not in any case exceed thirty-eight square metres.

(6)

The Regulatory Body shall only consider a clap-net pair

as approved if the following criteria are met

(a)

the clap-net pair shall not be located in a protected

area as defined in regulation 2 of the Wild Birds Regulations;

(b)

a research station shall not contain more than one

(1) pair of clap-nets for the relevant species; and

(c)

the data collector shall not use more than one (1)

pair of clap-nets for the relevant species at any one time.

(1)

Birds from the relevant species may only be

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

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captured for the purpose of control and, or affixing of scientific rings

and, or satellite-tags.

(2)

All specimens shall be immediately released back into

the wild, including those that are not fitted with a scientific ring or

satellite-tag.

(3)

Prior to the immediate release of all birds from the

relevant species fitted with a scientific ring, the licensee shall record

the details of each specimen and its scientific ring identification

number on the ring recovery form issued by the Regulatory Body.

(4)

Before the immediate release of all birds from the

relevant species not fitted with a scientific ring, such birds may be

fitted with a satellite-tag by the licensee or with a scientific ring and,

or satellite-tag by a licensed bird-ringer.

(5)

A licensed bird-ringer shall be authorised to fit

specimens from the relevant species with a scientific ring from the

same research station that was submitted at application stage by the

data collector with whom a prior agreement was reached for joint

participation in this research project. The licensed bird-ringer shall

also record the scientific ring identification numbers s/he fitted on the

specimens, details of the specimens and the location of the site from

where they were captured on the ring recovery form issued by the

Regulatory Body on the data collector’s name and shall also send an

email with the relevant details on the same day to the Regulatory

Body, as explained in the special research licence.

(6)

Only licensees in possession of a valid live-capturing

licence who attend a training session on satellite-tagging may be

issued with a separate special licence to carry out satellite-tagging and

shall be subject to all conditions set out therein in accordance with

regulations 10, 11 and 12.

(7)

Notwithstanding and without prejudice to the number of

satellite-tags that may be procured by the Regulatory Body, the

distribution of these satellite-tags to licensees who attend the training

session shall be at the sole discretion of the Regulatory Body and such

decision shall be based on an a priori assessment of the deliverables as

specified in regulation 5.

(8)

All specimens from the relevant species captured by the

data collector, including those not fitted with a scientific ring or

satellite-tag, shall be immediately reported to the Regulatory Body in

real-time as explained in the special research licence

Provided that all ring recovery forms shall be returned in

hard format to the Regulatory Body within the period as specified by

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the same Regulatory Body following closure of the research period.

For the purpose of the fourth proviso to sub-regulation

(6) of regulation 10 of the Wild Birds Regulations and for the purpose

of these regulations, the research period for the relevant species shall

be not more than sixty-four (64) days in autumn for which the Minister

may decide to declare a research period for the relevant species by

means of a legal notice

Provided that when declaring a research period for the

relevant species, the Minister shall determine that there is no other

satisfactory solution in terms of Article 9(1) of the Birds Directive and

proportionate to the envisaged purpose set out under sub-regulation (2)

of regulation 1 in particular in light of Article 9(2) of the Birds

Directive, and after taking into consideration the recommendations of

the Malta Ornis Committee.

(1)

The Regulatory Body shall determine the number

of appropriate research sites necessary across the country so as to

ensure robust data collection for the scientific research.

(2)

The Regulatory Body shall determine, in line with the

research scope, which of the research sites being provided is

appropriate to be used for the research.

(3)

Only landowners have the right to offer, on a totally

voluntary basis, to the Regulatory Body research sites within the

boundaries of his/her property

Provided that if the land is leased, such rights belong to

the tenant unless a different agreement is stipulated in writing between

the land owner and the tenant.

(4)

The coordinates of the approved research sites (clap-net

pairs) shall be made public on the internet by the Regulatory Body at

least three (3) days before the start of the research period and shall be

available online at all times during the research period.

(1)

The land owner and, or tenant shall commit to

participate, on a totally voluntary basis, as a data collector in the

research study.

(2)

For the purpose of these regulations and without

prejudice to the activities permitted by virtue of regulation 23 of the

Wild Birds Regulations, the capturing and handling of birds from the

relevant species for research purposes shall be prohibited except by

virtue of a special research licence issued by the Regulatory Body in

accordance with these regulations.

(3)

The data collector may only make use of the special

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research licence during its validity period and in line with any

directions issued by the Regulatory Body from time to time.

(4)

Special research licences issued under these regulations

shall be against the payment of a fee as established by the Regulatory

Body and by the Conservation of Wild Birds (Declaration on a

Derogation Allowing a Research Period To Obtain Scientific Data on

Malta’s Reference Population of Seven Finch Species) Regulations

issued for that specific year.

(5)

A person, besides being the owner or tenant of the

research site, shall only qualify to be considered as a data collector for

the purposes of the current scientific research if such person

(a)

is in possession of a valid general live-capturing

licence or a valid bird ringing licence issued in terms of the

Wild Birds Regulations;

(b)

satisfies the conditions listed in Schedule IV to

the Wild Birds Regulations, as applicable;

(c)

submits a site plan showing the clap-net pair

clearly outlined in red ink on a site plan approved by the

Regulatory Body;

(d)

attends a mandatory course on the research

objectives of these regulations, applicable legal provisions and

other criteria of relevance and passes an examination prepared

for this purpose by the Regulatory Body; and

(e)

signs the declaration contained in the application

form for a special research licence confirming that he shall

read, understand and abide with all the provisions of these

regulations and with all the conditions of the special research

licence.

(6)

A registered research station may be used by one or more

special research licence holders during the research period for the

relevant species.

(7)

An application for a special research licence for the

relevant species shall only be submitted during the period specified for

this purpose by the Wild Birds Regulation Unit.

(1)

A special research licence shall only be valid for

the duration of the research period as declared in the notice of

derogation published by means of a legal notice.

(2)

Without prejudice to the provisions of sub-regulation (1),

a special research licence shall

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(a)

be suspended forthwith where the data collector is

accused of an offence under regulation 27 of the Wild Birds

Regulations;

(b)

be revoked where the data collector is found

guilty of an offence against regulation 27 of the Wild Birds

Regulations; and

(c)

lapse and be considered revoked if 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 lapse and revocation of the special

research licence by means of a short message service (SMS) to

the number indicated by that person in the application for a

special research licence.

Every special research licence issued in terms of these

regulations shall

(a)

indicate the dates of the research period for the

relevant species;

(b)

specify that no research activities may take place

between two (2) hours after sunset and two (2) hours before

sunrise of the following day;

(c)

provide that no research activities shall be allowed

within protected areas as defined in regulation 2 of the Wild

Birds Regulations;

(d)

specify that the research activity shall only be

carried out within the sites approved for that purpose by the

Regulatory Body, except those that may have been revoked;

(e)

specify that the data collector is only authorised to

use one (1) research station for the relevant species at any one

time and that such research station shall not contain more than

one (1) pair of clap-nets from one (1) hide with each net having

an area of not more than thirty-eight square metres and a mesh

size of not less than 18mm x 18mm;

(f)

provide that the layering of two or more nets on

top of each other or any other modification, including creation

of ‘pockets’, is strictly prohibited;

(g)

provide that the data collector shall only use a

manually-operated selective clap-net pair which consists of two

parallel nets spread flat on the ground and which is armed and

operated solely by human intervention without the use of any

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external power means including electrical, electronic, or

mechanical means;

(h)

specify that before the data collector leaves the

research station and during prohibited hours, the nets shall

either be removed or completely covered and that during all

permitted hours whilst the licensee is at the research station, the

clap-net pair shall be supervised at all time

Provided that the clap-net pair, including nets and

poles, shall be completely dismantled immediately upon

closure of the research period and removed from the site;

(i)

provide that, the capturing or the attempt to

capture birds or other fauna not from the relevant species and

the use of any means to attract birds not from the relevant

species to the clap-net pair is strictly prohibited, and also

provides that in the unlikely event of an accidental by-catch,

such specimen shall be immediately released back into the wild

by the licensee;

(j)

limit possession and, or use of pre-recorded bird

calls to the relevant species only;

(k)

limit the use of live-decoys to birds from the

relevant species fitted with a closed ring, to birds from the

relevant species that were fitted with a single-use ring issued by

the Wild Birds Regulation Unit bearing code R16U, to their

colour mutations (colour-variants) fitted with a closed ring and

to mules and, or hybrids

Provided that colour mutations (colour-variants)

from the relevant species may only be used by the licensee as

call birds (‘għajat’) and not as fluttering decoys (‘taħrik’);

(l)

require the data collector to record the scientific

ring identification numbers, details of the specimens and the

site location from where it was captured, as specified on the

ring recovery form issued by the Wild Birds Regulation Unit,

after the specimens from the relevant species have been ringed

or controlled, followed by the immediate release of all

specimens from the same research station, and also require that

each specimen captured is reported in real-time to the

Regulatory Body in the format as prescribed in the special

licence and that the ring recovery form in hard copy format is

returned to the Regulatory Body within the deadline as

specified in a separate letter issued to the licensee following

closure of the research period;

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(m) require that the general live-capturing licence or

the bird ringing licence, as applicable, which also serve as a

means of identification, and the site plan approved by the

Regulatory Body and registered with the Commissioner of

Police, shall be kept by the data collector together with the

special research licence issued under these regulations at all

times whilst the data collector is at the research station or

travelling to and from the research station;

(n)

require that any legal restriction or obligation,

including with regard to place, dates, days and times, as well as

the conditions set out in the special research licence, are strictly

complied with by the data collector;

(o)

provide that during the research period, live-

decoys for the purpose of these regulations shall not be kept in

cages smaller than 190mm in length, 130mm in width and

120mm in height;

(p)

provide for other conditions of relevance to ensure

that the derogation is properly implemented and strictly

supervised in line with the Wild Birds Regulations and the

Birds Directive (2009/147/EC); and

(q)

reproduce the provisions of regulations 7 and 11

of these regulations.

11.

(1)

For the time when a research period is open, the

Police shall carry out spot-checks in accordance with sub-regulation

(7) to ensure that the conditions and contents of the special research

licence, the provisions of these regulations and the provisions of the

Wild Birds Regulations are being observed.

(2)

Should any Police officer, in the course of a spot-check

carried out in terms of sub-regulation (1), find sufficient cause for

proceedings to be taken against any person under these regulations, or

other relevant regulations, that officer shall forthwith seize from the

possession of that person the general live-capturing licence and, or the

bird ringing licence, as applicable, the special research licence issued

under these regulations and any equipment used for the research

activity in violation of these regulations

Provided that that person shall be prohibited from

applying for a new special research licence issued under these

regulations or under the Wild Birds Regulations, upon conviction by

the Court.

(3)

During the course of a spot-check carried out in terms of

sub-regulation (1), should a Police officer find a bird from the relevant

species

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(a)

without a ring, or

(b)

not fitted with a seamless closed leg-ring or leg-

band in a continuous circle, without any break or join, or

(c)

fitted with a leg-ring or leg-band that has been

tampered with, or

(d)

fitted with a single-use ring not bearing code

R16U, or

(e)

fitted with a single-use ring bearing code R16U

that was not supplied by the Wild Birds Regulation Unit in

2016 and 2017,

the licence holder shall be subject to the penalties established in

regulation 27 of the Wild Birds Regulations. After having documented

the evidence of all birds not in compliance with the conditions of the

special research licence or with the conditions of any other special

licence, the Police officer shall immediately release all birds not fitted

with a ring from the same research station and also seize from the

licence holder all birds that are fitted with closed rings that are not

seamless, not in a continuous circle, with a break or join, have been

tampered with, those fitted with an unauthorised single-use ring and

any other bird not authorised by the special research licence issued in

accordance with these regulations or under any other special licence

Provided that this sub-regulation does not apply to

colour-variants (mutations), mules or hybrids.

(4)

In pursuance of their duties under these regulations, the

Police may be assisted by marshals appointed for this purpose by the

Wild Birds Regulation Unit. The marshals so appointed shall have the

same duties and powers vested in the Police by sub-regulations (1), (2)

and (3).

(5)

During all hours for which a research period for the

relevant species is open, the total number of Police officers and, or

marshals assigned to carry out spot-checks shall be in the region of

fifty (50). Outside these hours, at least four (4) Police officers and, or

marshals shall be on duty.

(6)

The Police, assisted by marshals as may be necessary,

shall continue to carry out spot-checks until at least four (4) weeks

following the closure of the research period. Following the closure of

the research period for the relevant species, for every one thousand

special research licences issued that year, a minimum of four (4)

Police officers shall be on duty.

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(7)

In pursuance of their duties under these regulations, the

Police, assisted by marshals as may be necessary, shall carry out daily

systematic spot-checks throughout the research period, in all the

regions shown in the First Schedule. In Gozo, spot-checks in regions 1

and 3 shall be carried out simultaneously with spot-checks in regions 2

and 4 by separate Police officers. In Malta, spot-checks in regions 5, 6

and 8 shall be carried out simultaneously with spot-checks in regions

7, 9 and 10 by separate Police officers. Spot-checks within each region

shall be carried out daily. The Police shall forward to the Wild Birds

Regulation Unit the outcome of each spot-check, per region, the

following day, in a format that is agreed in advance with the Wild

Birds Regulation Unit.

(8)

Whenever the Police request such assistance,

representatives of non-governmental organisations may assist the

Executive Police and marshals appointed in terms of sub-regulation

(4) during spot-checks relevant to these regulations.

Any person who fails to comply with any provision of

these regulations, with the contents of the special research licence or

with any order lawfully given in terms of any provision of these

regulations or any of the conditions of the special research licence for

the relevant species shall be guilty of an offence and shall, upon

conviction, be liable to the penalties established by regulation 27 of

the Wild Birds Regulations

Provided that, unless specified otherwise in these

regulations, where the offence falls under the scope of regulation 27A

of the Wild Birds Regulations, such an offence shall be subject to the

procedure stipulated therein and the penalties stipulated in Schedule

VIII of the Wild Birds Regulations.

(1)

The Regulatory Body shall ensure that it employs

experts so as to ensure that the data collection exercise is carried out in

line with the methodology prescribed by it throughout the research

period.

(2)

Following the end of the research period, the Regulatory

Body shall employ those experts it deems necessary so as to ensure

that all the data collected is duly analysed and processed and that the

necessary conclusions are drawn.

(3)

The Regulatory Body shall by not later than July of the

year following the research period provide to the Minister and to the

competent authorities a detailed analysis of the research carried out,

and the findings and conclusions of such research. Such report shall

also contain a comparative analysis with the preceding researches

carried out in previous years.

(1)

The Minister and, or the Regulatory Body shall

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declare this research as automatically terminated upon obtaining data

on the reference population from seventy (70) specimens from each of

the relevant species, which number is considered to be the threshold

for obtaining data saturation to validate this scientific research.

(2)

The Minister shall also declare this research to be

suspended and, or closed for any other valid reason at law.

The provisions and conditions laid down in these

regulations shall be without prejudice to the Wild Birds Regulations to

the extent that the latter are not inconsistent with these regulations in

which case, and to the extent of the inconsistency, these regulations

shall prevail.