CONSERVATION OF WILD BIRDS (DECLARATION ON A DEROGATION FOR AN AUTUMN 2021 LIVE- CAPTURING SEASON FOR SONG THRUSH AND

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION FOR AN AUTUMN 2021 LIVE-CAPTURING

SEASON FOR SONG THRUSH AND GOLDEN PLOVER)

SUBSIDIARY LEGISLATION 549.147

CONSERVATION OF WILD BIRDS (DECLARATION

ON A DEROGATION FOR AN AUTUMN 2021 LIVE-

CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER) REGULATIONS

19th October, 2021

LEGAL NOTICE 396 of 2021.

(1)

The title of these regulations is the Conservation

of Wild Birds (Declaration on a Derogation for an Autumn 2021 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 seasons.

(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 EU 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

assigned 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 May 2021 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 14 July 2021, is available at: https://mgoz.gov.mt/en/

Documents/WBRU/Reports%20and%20Statistics/consStaRepMay21GpSt.pdf

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION FOR AN AUTUMN 2021 LIVE-CAPTURING

SEASON FOR SONG THRUSH AND GOLDEN PLOVER)

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 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 2021** 2 .

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 (172,089 x 3.64)

= 626,404

Mortality rate of first year birds: (626,404 x 53.33%) = 334,061

Mortality rate of adults: (344,178 x 27%) = 92,928

Total annual mortality: (334,061 + 92,928) = 426,989

1% of total annual mortality: (426,989 x 1%) = 4,270

Song Thrush (Turdus philomelos)

Minimum breeding success: 4 birds per pair (2,026,018 x 4) =

8,104,072

Mortality rate of first year birds: (8,104, 072 x 56%) =

4,538,280

Mortality rate of adults: (4,052,036 x 43.3%) = 1,754,532

Total annual mortality: (4,538,280 + 1,754,532) = 6,292,812

1% of total annual mortality: (6,292,812 x 1%) = 62,928

For the purposes of establishing the season for the live-

capturing of wild birds in Autumn under sub-paragraphs (ii) and (iii)

of the fourth proviso to regulation 10(6) of the Wild Birds Regulations,

and for the purpose of these regulations, the season for the live-

capturing of Song Thrush and Golden Plover for the year 2021,

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION FOR AN AUTUMN 2021 LIVE-CAPTURING

SEASON FOR SONG THRUSH AND GOLDEN PLOVER)

hereinafter referred to as "the Autumn live-capturing season", shall be

on the following dates

live-capturing of Song Thrush between 20 th

(a)

October 2021 and 31 st December 2021, both dates included;

and

live-capturing of Golden Plover between 1 st

(b)

November 2021 and 10 th January 2022, 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 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 five thousand (5,000) for Song Thrush, equivalent to 0.079% of the

total annual mortality of the reference population, and seven hundred

(700) for Golden Plover, equivalent to 0.164% 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.