MARINE MAMMALS PROTECTION REGULATIONS

SUBSIDIARY LEGISLATION 549.35

MARINE MAMMALS PROTECTION

REGULATIONS

12th August, 2003

LEGAL NOTICE 203 of 2003, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Marine Mammals

Protection Regulations.

PROTECTED MARINE MAMMALS

Scientific name

Maltese name

English name

CETACEA

Balena |g]ira; Balenottera Minke Whale

Balaenoptera acutorostrata

|g]ira, Balena ta’ Geddumha

Ppuntat

Balenottera tan-Nofsinhar

Sei Whale

Balaeonoptera borealis

Balena Kbira; Balenottera Fin Whale; Finback Whale

Balaenoptera physalus

Kbira, Baliena Mba``a

Denfil Komuni

Common Dolphin

Delphinus delphis

Baliena tat-Tramuntana

Northern Right Whale

Eubalaena glacialis

m e l a s Balena Sewda

Long-Finned Pilot Whale

Globicephala

(=Globicephala meleana)

Denfil Gri\; Denfil ta’ Risso; Risso’s Dolphin

Grampus griseus

Monka tal-Punent

Balena ta’ Mne]irha ~att

Dwarf Sperm Whale

Kogia simus

Balena tal-}wiena] Kbar

Humpback Whale

Megaptera novaeangliae

Balena ta’ Blainville

Blainville’s Beaked Whale

Mesoplodon densirostris

Orka

Killer Whale

Orcinus orca

Denfil Iswed

Common Porpoise; Harbour

Phocoena phocoena

Propoise

P h y s e t e r m a c r o c e p h a l u s Gabdoll

Sperm Whale

(=Physeter catodon)

Psewdorka

False Killer Whale

Pseudorca crassidens

Denfil tal-Ba]ar l-A]mar

Indo-Pacific Humpback

Sousa chinensis

Dolphin

Stenella

Striped Dolphin

Stenella coeruleoalba

Denfil tat-Tikki

Rough-Toothed Dolphin

Steno bredanensis

Denfil Geddumu Qasir

Bottlenose Dolphin

Tursiops truncates

Balena ta’ Kuvjer

Cuvier’s Beaked Whale

Ziphius cavirostris

PINNIPEDIA

B u m e r i n ; M o n k a , F o k a Mediterreanean Monk Seal

Monachus monachus

Monka

In these regulations, unless the context otherwise requires

"the Act" means the Environment Protection Act;

"competent authority" means the Environment and Resources

Authority as prescribed by the Nomination of the Competent

Authority Order, and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as the

competent authority for different provisions and different purposes

of these regulations;

"Director" means the Director responsible for environment

pr o t e c t i o n w i t h th e co m p e t e n t a u th o r i t y, o r h i s d e s i g n a t e d

representative;

"export" means the taking out of Malta of any specimen;

"import" means the bringing into Malta of any specimen;

"maltreat" means to subject a specimen to treatment or to put a

specimen in a situation which is not natural in its life cycle, with

the exception of specimens held for medical treatment or in

dolphinaria or oceanaria with the permission of the Director of the

competent authority;

"Minister" means the Minister responsible for the Environment;

"permit" means a prior permission issued in terms of these

regulations, and on the basis of the provisions of regulations 7 and

8;

"specimen" means any marine mammal of the species or lower

taxon listed in the Schedule, whether alive or dead, whether whole

or in part, whether in the original form or after having undergone

any transformation. It includes any part or derivative thereof, as

well as any goods which appear, from an accompanying document,

the packaging or a mark or label, or from any other circumstances,

to be parts or derivatives of animals of those species;

"take" means to remove from the natural habitat.

The species of marine mammals listed in the Schedule are

declared to be protected marine mammal species for the purpose of

article 54(2)(m)(ii) of the Act.

The competent authority shall be responsible for the

administration and implementation of these regulations.

(1) No person shall, directly or indirectly, pursue, take or

attempt to take, maltreat or attempt to maltreat, kill or attempt to

kill, possess, sell by any method, buy, exchange, re-introduce,

import or export any specimen of species listed in the Schedule.

(2) Any marine mammal accidentally caught during normal

fishing activities shall be immediately released, and if such release

is not possible it shall be landed at the fish market in Valletta or in

Gozo, and shall be surrendered immediately to the Director

responsible for fisheries, who shall then deal with it in consultation

with the Director responsible for veterinary services and the

competent authority.

Any person who has in his possession any specimen the

import of which is subject to these or other regulations, shall retain

in his possession and until such time as that specimen remains in

his possession, all permits, certificates and licences relative to the

import of that specimen.

(1) The competent authority may issue a permit to

authorize

(a) the taking and keeping of any specimen for bona fide

scientific studies or educational purposes,

(b) the import or export of any specimen,

(c) the re-introduction of specimens,

(d) the performance of any activity which would

otherwise not be permitted under these regulations to

dolphinaria or oceanaria which at the time of the

coming into force of these regulations are already in

possession of live specimens, provided that such

permit is limited to the replacement or replenishment

of specimens

Provided that the competent authority shall not issue such a

permit if in its opinion such activities threaten any species or lead

to the endangering of the biological diversity of Malta.

(2) The person requesting a permit for activities referred to in

subregulation (1), hereafter referred to as the applicant, shall

submit an application in writing to the competent authority.

(3) In order to enable the competent authority to assess a

permit request, the application shall contain the relevant documents

and any other requisite information requested by the competent

authority.

(4) The competent authority may, to ensure compliance with

these regulations

(a) amend, suspend or revoke any permit and, or other

such authorization instruments,

(b) impose such conditions as it may deem fit, provided

that a special condition may be imposed upon the

applicant, to submit within a month from the expiry of

the permit or at the end of the calendar year, whichever

is the earliest, information relevant to the activities

permitted.

(5) A copy of any published results and other publications

relevant to activities carried out in accordance with the permit shall

reach the competent authority within three months from the date of

publication.

(6) The period of validity of such permit shall also be

established at the discretion of the competent authority, provided

that the validity of the permit may not exceed one calendar year

from date of issue.

(7) The competent authority shall reserve the right not to issue

or renew any permit if the applicant in question has not fulfilled or

honoured any of the conditions and obligations arising from any

other permit issued by the Director or the competent authority

under these regulations or other relevant regulations.

(8) The Director may, on behalf of the competent authority, in

cases of emergency or grave danger, authorize the possession or

keeping on a temporary basis, or the disposal of any specimen, and

in so doing he may issue any such directives he may deem fit.

(1) Persons, public entities and other institutions having

been granted a permit under these regulations will be maintained in

a national public register.

(2) Where its disclosure affects one or more of the items

mentioned in the Freedom of Access to Information on the

Environment Regulations, the applicant may indicate the

information in the permit application submitted pursuant to these

regulations that should be treated as confidential. Verifiable

justification must be given in such cases.

(3) The competent authority shall decide, after consultation

with the applicant, which information will be kept confidential and

shall inform the applicant of its decision.

(4) Except where the competent authority determines that there

is a threat to the safeguarding of the biodiversity, in no case may

the following information be kept confidential

-

the name and address of the applicant,

-

the institution, if any, requiring the permit,

-

the species, biotope, natural habitat, site or area

involved,

-

the aim and purpose of the application,

-

the benefits arising from the permit,

-

the possible impacts on local biodiversity, including

the species, biotope, natural habitat, or area involved,

-

the evaluation of foreseeable effects, in particular any

harmful effects on the environment.

(5) The competent authority shall not divulge to third parties

any information decided to be confidential according to

subregulation (2), and shall protect intellectual property rights

relating to the data received.

(6) If, for whatever reasons, the applicant withdraws the

application, the competent authority must respect the

confidentiality of the information supplied.

Nothing contained in these regulations shall be construed

to prejudice the observance of any another law or regulations.

(1) Any person who shall take, maltreat, kill, possess, sell

by any method, buy, exchange, import or export any specimen in

contravention of these regulations, and any person who contravenes

any restriction, prohibition or requirement imposed by or under

these regulations, and any person who conspires or attempts, or

aids, abets, counsels, or procures any other person to commit any of

the above offences, shall be guilty of an offence.

(2) Any person who commits an offence against these

regulations shall, on conviction, be liable -

(a) on a first conviction, to a fine (multa) of not less than

two hundred and thirty-two euro and ninety-four cents

(€232.94) for each specimen;

(b) on a second or subsequent conviction, to a fine (multa)

of not less than five hundred and eighty-two euro and

thirty-four cents (€532.34) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37) for each specimen, or to

imprisonment for a term not exceeding two years, or to

both such fine and imprisonment.

(3) Without prejudice to the provisions of subregulation (2),

the court may also order any person who is found guilty of

committing an offence under these regulations, to pay for the

expenses incurred by the competent authority as a result of the said

offence, the revocation of the permit issued under these regulations

and the confiscation, retention and disposal of the corpus delicti.

MARINE MAMMALS PROTECTION