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

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING SCIENTIFIC RESEARCH ON

SEVEN FINCH SPECIES IN AUTUMN 2023)

SUBSIDIARY LEGISLATION 549.159

CONSERVATION OF WILD BIRDS (DECLARATION

ON A DEROGATION ALLOWING SCIENTIFIC

RESEARCH ON SEVEN FINCH SPECIES IN

AUTUMN 2023) REGULATIONS

19th October, 2023

LEGAL NOTICE 247 of 2023.

(1)

The title of these regulations is the Conservation

of Wild Birds (Declaration on a Derogation Allowing Scientific

Research on Seven Finch Species in Autumn 2023) Regulations and

these regulations shall be read in conjunction 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 Directive 2009/147/EC of the

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

conservation of wild birds, hereinafter referred to as "the Birds

Directive", in particular as read in conjunction with Article 10 and

Annex V(c) of the said Birds Directive, given that within the territory

of Malta

(a)

the European Greenfinch (Chloris chloris), the

Hawfinch (Coccothraustes coccothraustes), the Common

Chaffinch (Fringilla coelebs), the Common Linnet (Linaria

cannabina), the Eurasian Siskin (Spinus spinus), the European

Goldfinch (Carduelis carduelis) and the European Serin

(Serinus serinus), hereinafter referred to as "the relevant

species", are non-resident, passage migrant birds;

(b)

the mist-net system used for capturing birds is not

adequate to provide data * on bird 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

(c)

bird-ringers from the national ringing scheme

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

mist-net system from 1920s to 2018 is available on these sites: 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://ministryforgozo.gov.mt/en/Documents/WBRU/

Reports%20and%20Statistics/ringRecov0818.pdf.

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING SCIENTIFIC RESEARCH ON

SEVEN FINCH SPECIES IN AUTUMN 2023)

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

purpose of scientific ringing and control, which live-decoys are

the key component of how a clap-net system operates * *,

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** 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 "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, 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 said 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.

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

presented by the Wild Birds Regulation Unit to the Ornis Committee on 31 July 2019

(included as Annex A to the Committee minutes of the same meeting) and is available

at

https://ministryforgozo.gov.mt/en/Documents/WBRU/

Reports%20and%20Statistics/Selectivity%20and%20mesh%20size.pdf.

CONSERVATION OF WILD BIRDS (DECLARATION ON A

DEROGATION ALLOWING SCIENTIFIC RESEARCH ON

SEVEN FINCH SPECIES IN AUTUMN 2023)

(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 regulation 7(5) of the Framework

Regulations.

For the purpose of establishing the dates and duration of

the research period in accordance with regulation 8 of the Framework

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

period for the relevant species for the year 2023 shall be sixty-two (62)

days from 20 th October 2023 to 20 th December 2023, 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 research licence.

Special research licences shall be issued upon the

payment of a nominal fee of twenty-five euro (€25), provided the

conditions stipulated in regulation 10(5) of the Framework

Regulations are fulfilled.