CONSERVATION OF WILD BIRDS (DECLARATION ON A DEROGATION ALLOWING SCIENTIFIC RESEARCH ON SEVEN FINCH SPECIES)

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING SCIENTIFIC RESEARCH ON

SEVEN FINCH SPECIES)

SUBSIDIARY LEGISLATION 549.146

CONSERVATION OF WILD BIRDS (DECLARATION

ON A DEROGATION ALLOWING SCIENTIFIC

RESEARCH ON SEVEN FINCH SPECIES)

REGULATIONS

19th October, 2021

LEGAL NOTICE 395 of 2021.

(1)

The title of these regulations is the Conservation

of Wild Birds (Declaration on a Derogation Allowing Scientific

Research on Seven Finch Species) Regulations, and these regulations

shall be read and construed as one with the Conservation of Wild Birds

(Framework for Allowing a Derogation to Carry out Scientific

Research on 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

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", are non-

resident, passage migrants;

(b)

the mist-net system used for capturing birds is not

adequate to provide data* * on ring recoveries pertaining to the

relevant species to provide conclusive information on the

regions of origin of the main bird contingents (reference

population), as confirmed by the Court of Justice of the

European Union in Case C-557/15; and since

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

mist-net system 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 3.5.3] and https://mgoz.gov.mt/

en/Documents/WBRU/Reports%20and%20Statistics/ringRecov0818.pdf.

* 3 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

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING SCIENTIFIC RESEARCH ON

SEVEN FINCH SPECIES)

(c)

bird-ringers from the national ringing scheme

cannot and are ethically against the use live-decoys for the

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

component of how a clap-net system operates* 3 ,

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.

The terms and expressions used in these regulations,

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

assigned to them in the Conservation of Wild Birds Regulations,

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

Framework Regulations.

(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 research

licence 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 (5) of regulation 7 of

the Framework Regulations.

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING SCIENTIFIC RESEARCH ON

SEVEN FINCH SPECIES)

For the purpose of establishing the dates and duration of

the research period under regulation 8 of the Framework Regulations,

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

relevant species for the year 2021 shall be sixty-two (62) days from

20 th October 2021 to 20 th December 2021, 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 short 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 that the

conditions set out in sub-regulation (5) of regulation 10 of the

Framework Regulations are met.