MT
CONSERVATION OF WILD BIRDS REGULATIONS
Table of Provisions (43)
Statutory Text (43 Articles)
SUBSIDIARY LEGISLATION 549.42
CONSERVATION OF WILD BIRDS REGULATIONS
29th March, 2006
LEGAL NOTICE 79 of 2006, as amended by Legal Notices 39, 280 and
426 of 2007, 30 of 2009, 283 of 2010, 82 and 421 of 2011, 267 and 426 of
2012, 341 and 403 of 2013, 110 and 252 of 2014, 281 of 2015 69 of 2016 *
368 of 2018, 367 of 2020, 86, 107 and 255 of 2022, 150 and 209 of 2023,
299 of 2024 and 251 of 2025.
The title of these regulations is the Conservation of Wild
Birds Regulations.
Amended by
L.N. 39 of 2007.
Substituted by
L.N. 283 of 2010.
Bird Species subject of special conservation measures concerning their habitat
GAVIIFORMES
Gaviidae
Gavia stellata
Gavia arctica
Gavia immer
PODICIPEDIFORMES
Podicipedidae
Podiceps auritus
PROCELLARIIFORMES
Procellariidae
Pterodroma madeira
Pterodroma feae
Bulweria bulwerii
Calonectris diomedea
Puffinus puffinus mauretanicus (Puffinus mauretanicus)
Puffinus yelkouan
Puffinus assimilis
Hydrobatidae
Pelagodroma marina
Hydrobates pelagicus
Oceanodroma leucorhoa
Oceanodroma castro
PELECANIFORMES
Pelecanidae
Pelecanus onocrotalus
Pelecanus crispus
Phalacrocoracidae
Phalacrocorax aristotelis desmarestii
Phalacrocorax pygmeus
CICONIIFORMES
Ardeidae
Botaurus stellaris
Ixobrychus minutus
Nycticorax nycticorax
Ardeola ralloides
Egretta garzetta
Egretta alba (Ardea alba)
Ardea purpurea
Ciconiidae
Ciconia nigra
Ciconia ciconia
Threskiornithidae
Plegadis falcinellus
Platalea leucorodia
PHOENICOPTERIFORMES
Phoenicopteridae
Phoenicopterus ruber
ANSERIFORMES
Anatidae
Cygnus bewickii (Cygnus columbianus bewickii)
Cygnus cygnus
Anser albifrons flavirostris
Anser erythropus
Branta leucopsis
Branta ruficollis
Tadorna ferruginea
Marmaronetta angustirostris
Aythya nyroca
Polysticta stelleri
Mergus albellus (Mergellus albellus)
Oxyura leucocephala
FALCONIFORMES
Pandionidae
Pandion haliaetus
Accipitridae
Pernis apivorus
Elanus caeruleus
Milvus migrans
Milvus milvus
Haliaeetus albicilla
Gypaetus barbatus
Neophron percnopterus
Gyps fulvus
Aegypius monachus
Circaetus gallicus
Circus aeruginosus
Circus cyaneus
Circus macrourus
Circus pygargus
Accipiter gentilis arrigonii
Accipiter nisus granti
Accipiter brevipes
Buteo rufinus
Aquila pomarina
Aquila clanga
Aquila heliaca
Aquila adalberti
Aquila chrysaetos
Hieraaetus pennatus
Hieraaetus fasciatus
Falconidae
Falco naumanni
Falco vespertinus
Falco columbarius
Falco eleonorae
Falco biarmicus
Falco cherrug
Falco rusticolus
Falco peregrinus
GALLIFORMES
Tetraonidae
Bonasa bonasia
Lagopus mutus pyrenaicus
Lagopus mutus helveticus
Tetrao tetrix tetrix
Tetrao urogallus
Phasianidae
Alectoris graeca
Alectoris barbara
Perdix perdix italica
Perdix perdix hispaniensis
GRUIFORMES
Turnicidae
Turnix sylvatica
Gruidae
Grus grus
Rallidae
Porzana porzana
Porzana parva
Porzana pusilla
Crex crex
Porphyrio porphyrio
Fulica cristata
Otididae
Tetrax tetrax
Chlamydotis undulata
Otis tarda
CHARADRIIFORMES
Recurvirostridae
Himantopus himantopus
Recurvirostra avosetta
Burhinidae
Burhinus oedicnemus
Glareolidae
Cursorius cursor
Glareola pratincola
Charadriidae
Charadrius alexandrinus
Charadrius morinellus (Eudromias morinellus)
Pluvialis apricaria
Hoplopterus spinosus
Scolopacidae
Calidris alpina schinzii
Philomachus pugnax
Gallinago media
Limosa lapponica
Numenius tenuirostris
Tringa glareola
Xenus cinereus (Tringa cinerea)
Phalaropus lobatus
Laridae
Larus melanocephalus
Larus genei
Larus audouinii
Larus minutus
Sternidae
Gelochelidon nilotica (Sterna nilotica)
Sterna caspia
Sterna sandvicensis
Sterna dougallii
Sterna hirundo
Sterna paradisaea
Sterna albifrons
Chlidonias hybridus
Chlidonias niger
Alcidae
Uria aalge ibericus
PTEROCLIFORMES
Pteroclididae
Pterocles orientalis
Pterocles alchata
COLUMBIFORMES
Columbidae
Columba palumbus azorica
Columba trocaz
Columba bollii
Columba junoniae
STRIGIFORMES
Strigidae
Bubo bubo
Nyctea scandiaca
Surnia ulula
Glaucidium passerinum
Strix nebulosa
Strix uralensis
Asio flammeus
Aegolius funereus
CAPRIMULGIFORMES
Caprimulgidae
Caprimulgus europaeus
APODIFORMES
Apodidae
Apus caffer
CORACIIFORMES
Alcedinidae
Alcedo atthis
Coraciidae
Coracias garrulus
PICIFORMES
Picidae
Picus canus
Dryocopus martius
Dendrocopos major canariensis
Dendrocopos major thanneri
Dendrocopos syriacus
Dendrocopos medius
Dendrocopos leucotos
Picoides tridactylus
PASSERIFORMES
Alaudidae
Chersophilus duponti
Melanocorypha calandra
Calandrella brachydactyla
Galerida theklae
Lullula arborea
Motacillidae
Anthus campestris
Troglodytidae
Troglodytes troglodytes fridariensis
Muscicapidae (Turdinae)
Luscinia svecica
Saxicola dacotiae
Oenanthe leucura
Oenanthe cypriaca
Oenanthe pleschanka
Muscicapidae (Sylviinae)
Acrocephalus melanopogon
Acrocephalus paludicola
Hippolais olivetorum
Sylvia sarda
Sylvia undata
Sylvia melanothorax
Sylvia rueppelli
Sylvia nisoria
Muscicapidae (Muscicapinae)
Ficedula parva
Ficedula semitorquata
Ficedula albicollis
Paridae
Parus ater cypriotes
Sittidae
Sitta krueperi
Sitta whiteheadi
Certhiidae
Certhia brachydactyla dorotheae
Laniidae
Lanius collurio
Lanius minor
Lanius nubicus
Corvidae
Pyrrhocorax pyrrhocorax
Fringillidae (Fringillinae)
Fringilla coelebs ombriosa
Fringilla teydea
Fringillidae (Carduelinae)
Loxia scotica
Bucanetes githagineus
Pyrrhula murina (Pyrrhula pyrrhula murina)
Emberizidae (Emberizinae)
Emberiza cineracea
Emberiza hortulana
Emberiza caesia
In these regulations, unless the context otherwise requires
"the Act" means the Environment Protection Act;
"bird" means any species of naturally occurring avifauna in the wild
state in the European territory of the Member States of the European
Union, with the exception of Greenland;
"bird ringing scheme" means an accredited program or a scientific
institution responsible for the training of bird ringers, the management
of a bird-ringing database, and the facilitation of data sharing to
support research, conservation, and population monitoring efforts;
"bird sanctuaries" means the areas listed in Schedule V;
"captive bred" means a bird which is hatched and bred from
legally acquired parental stock in a human-controlled environment
and which
(a) in the case of a European territory bird is fitted with a
closed ring or, in exceptional circumstances where the
Wild Birds Regulation Unit is satisfied that the
physical or behavioural properties of the bird prevent
the use of a closed ring, is fitted with a uniquely
numbered,
unalterable
microchip
transponder
conforming to ISO Standards 11784: 1996 (E) and
11785: 1996 (E);
(b) in the case of a non-European territory bird belonging
to any of the species listed in Annex A of Council
Regulation (EC) No 338/97 of 9 December 1996 on the
protection of species of wild fauna and flora by
regulating trade therein, is marked in accordance with
Article 66 of Commission Regulation (EC) No 865/
*The amendments introduced by Legal Notice 69 of 2016 are subject to the following
provision
"16. These regulations shall enter into force immediately upon their publication in
the Gazette subject to the following provisos, namely
Provided that the provisions of regulations 2, 11, 12, 13, Schedule IV, Schedule
VI, Schedule VIII and Schedule X of the principal regulations shall remain in force in
the same manner as prior to being amended by these regulations exclusively in regard
to those licensees who would have not handed in their carnet de chasse in accordance
with regulation 12(5)(a) of the principal regulations or in regard to those persons who
are in any other way in breach of the regulations specified in this proviso and such
persons shall still be liable to the punishments stipulated for breaches of these
specified regulations as were in force prior to the publication of these amending
regulations
Provided further that regulation 2 of these regulations shall also enter into force
in the same manner as specified in the proviso above.".
2006 of 4 May 2006 laying down detailed rules
concerning the implementation of Council Regulation
(EC) No 338/97, and in accordance with any other
applicable requirements pursuant to the Trade in
Species of Fauna and Flora Regulations;
"closed ring" means a seamless closed leg-ring or leg-band in a
continuous circle, without any break or join, which has not been
tampered with in any way, which is of an appropriate size for the
species concerned and commercially manufactured for that purpose
and for the species concerned, and which cannot be removed from
the bird when its leg is fully grown after having been applied in the
first days of the bird's life
Provided that when a ring that is larger than the appropriate
size for the species concerned cannot be removed due to a swelling on
the bird’s leg or any other condition on the bird’s leg that requires
medical treatment, such bird shall not be deemed as captive bred;
"close season" means, in respect of the hunting and taking of
birds, those periods which fall outside the open season during
which no taking or hunting shall be allowed;
"the Commissioner" means the Commissioner of Police or his
representative;
"general licence" means a permit issued in accordance with these
regulations and which satisfies the criteria listed in Schedule IV
and, or, other conditions which may be stipulated by the Wild Birds
Regulation Unit from time to time in accordance with these
regulations;
"hunt" and "hunting" means to hunt or use a fire-arm or any other
weapon for hunting, and "hunting at sea" means hunting from
seacraft;
"i m port or ex po rt " m ean s im po rt an d exp ort from an d to
countries outside the customs territory of the European
Community;
"inhabited area" means any area in which there is an aggregation of
houses that are inhabited or capable of being inhabited by more than
one hundred persons;
"lead shot" means projectiles made from lead, bismuth, tungsten
or steel, or any other alloy or material, of whatever make and size,
contained in a cartridge, excluding the gun powder and wad;
"licensee" means a natural person aged 18 years or over who is in
possession of a valid licence issued under these regulations;
"live-capturing site" or "site" means the area clearly outlined on
a site plan which is approved for that purpose by the Wild Birds
Regulation Unit and registered with the Commissioner of Police
which contains only one (1) live-capturing station per licence;
"live-capturing station" means the footprint area within the live-
capturing site containing not more than two pairs of horizontal
clap-nets per live-capturing station, with each net having an area
not larger than that stipulated in the relevant framework regulations
pertaining to live-capturing derogations, which live-capturing
station may be registered on one or more licensee and each pair of
clap-nets clearly outlined on the approved site plan;
"micro-chipped" means hatched and bred from legally acquired
parental stock in a human controlled environment and bearing a
uniquely numbered, unalterable microchip transponder conforming
to ISO Standards 11784: 1996 (E) and 11785: 1996 (E) instead of a
closed ring and shall only be used in those cases where the Wild
Birds Regulation Unit is satisfied that closed ringing is not an
appropriate marking method because of the physical or behavioural
properties of the species;
"Non-European territory bird" or "Non-European territory birds"
means any bird species which, although naturally occurring in the
wild state in any territory outside the territory of the Member States
of the European Union, does not naturally occur in any territory of
the Member States of the European Union;
"the Minister" means the minister responsible for the
environment;
"open season" means, in respect of hunting and taking of birds,
those periods as established by the Minister pursuant to regulation
(10)6 during which hunting and taking shall be allowed;
"Ornis Committee" means the Committee established under
regulation 10;
"organization representing persons knowledgeable in, or working
for, the protection of avifauna" means any organization, which is a
member of an international organization which has an observer
status within the European Union Ornis Committee, and which is
enrolled with the Commissioner of Voluntary Organisations under the
Voluntary Organisations Act, and that has more than two thousand
paid-up members, a statute, a committee which is elected at least once
every three years, and which has its accounts verified and certified
by a qualified auditor and approved by a general meeting of the
organization;
"organization representing persons licensed to hunt and, or take"
means an organization, which is a member of an international
organization which has an observer status within the European Union
Ornis Committee, and which is enrolled with the Commissioner of
Voluntary Organisations under the Voluntary Organisations Act, and
that has more than two thousand paid-up members, a statute, a
committee which is elected at least once every three years, and which
has its accounts verified and certified by a qualified auditor and
approved by a general meeting of the organization
Provided that the requirement for membership of an
international organisation which has an observer status within the
European Union Ornis Committee, and the requirement to have more
than two thousand paid-up members shall only apply for an
organisation represented on the Ornis Committee established under
regulation 10;
"organization representing taxidermists" means an organization,
which is enrolled with the Commissioner of Voluntary Organisations
under the Voluntary Organisations Act, and that has more than eighty
(80) paid up members, a statute and a committee which is elected at
least once every three (3) years;
"protected area" or "protected areas" means areas where live-
capturing is prohibited under the Conservation of Wild Birds
Regulations; the areas within Natura 2000 sites containing natural
habitat types bearing codes 1150, 1210, 1240, 1310, 1410, 1420, 1510,
2110, 2210, 2220, 3140, 3170, 5230, 5330, 5410, 5420, 5430, 6220,
8210, 92A0, 92D0, 9320, 9340, 9540 and 9570 as listed in Schedule I
of the Flora, Fauna and Natural Habitats Protection Regulations; and,
areas outside Natura 2000 sites that support natural habitats, including
Scheduled Level 1 and Level 2 Areas of Ecological Importance and
Sites of Scientific Importance, provided that such prohibition shall not
apply to cultivated agricultural land located within the boundaries of
the above protected areas and officially registered with the Department
of Agriculture; provided further that no live-capturing can take place
on any site that has either not been registered with the Commissioner
of Police prior to the end of December 2012, or that is not identifiable
as a live-capturing site on aerial photographs published prior to end of
December 2012; provided further that the exemption of registered
cultivated agricultural land would not apply to areas where live-
capturing is prohibited under these regulations;
"scientific bird-ringer" means a person who is licensed by the Wild
Birds Regulation Unit to perform scientific bird ringing and geo-
tagging activities in accordance with regulation 23;
"scientific bird ringing" means a research method based on the
individual marking of wild birds with a view to providing data on
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/
or 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 geo-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 geo-tags, or after
recording the necessary information from bird
specimens already fitted with a scientific ring and/or
geo-tag;
"to capture" means to take;
"to take" and "taking" means live-capturing of wild birds, in
accordance with the provisions of these regulations;
"Wild Birds Regulation Unit" shall mean the Wild Birds Regulation
Unit established within the Ministry responsible for the environment.
PART I
Substituted by
L.N. 39 of 2007.
PART A
Amended by
L.N. 280 of 2007.
Birds that may be hunted or taken on land
Substituted by
L.N. 283 of 2010.
Amended by
L.N. 69 of 2016.
ANSERIFORMES
Anatidae
Anser fabalis
Anser anser
Branta canadensis
Anas penelope
Anas strepera
Anas crecca
Anas platyrhynchos
Anas acuta
Anas querquedula
Anas clypeata
Aythya ferina
Aythya fuligula
GALLIFORMES
Tetraonidae
Lagopus lagopus hibernicus
Lagopus lagopus scoticus
Lagopus mutus
Phasianidae
Alectoris graeca
Alectoris rufa
Coturnix coturnix
Perdix perdix
Phasianus colchicus
GRUIFORMES
Rallidae
Rallus aquaticus
Gallinula chloropus
Fulica atra
CHARADRIIFORMES
Charadriidae
Pluvialis apricaria
Pluvialis squatarola
Vanellus vanellus
Scolopacidae
Philomachus pugnax
Lymnocryptes minimus
Gallinago gallinago
Scolopax rusticola
COLUMBIFORMES
Columbidae
Columba livia
Columba palumbus
Streptopelia turtur
PASSERIFORMES
Aluadidae
Alauda arvensis
Turdidae
Turdus merula
Turdus pilaris
Turdus philomelos
Turdus iliacus
Turdus viscivorus
Sturnidae
Sturnus vulgaris.
PART B
Birds that may be hunted at sea
ANSERIFORMES
Anatidae
Anser fabalis
Anser anser
Branta canadensis
Anas penelope
Anas strepera
Anas crecca
Anas platyrhynchos
Anas acuta
Anas querquedula
Anas clypeata
Aythya ferina
Aythya fuligula.
(1) The bird species referred to in Schedule I shall be the
subject of special conservation measures concerning their habitat
including in particular the designation of special protection areas.
(2) For the purposes of sub-regulation (1), account shall be
taken of -
(a) species in danger of extinction;
(b) species vulnerable to specific changes in their habitat;
(c) species considered rare because of small populations
or restricted local distribution;
(d) other species requiring particular attention for reasons
of the specific nature of their habitat.
(3) Similar measures shall also be established for regularly
occurring migratory species not listed in Schedule I, as regards
their breeding, moulting and wintering areas and staging posts
along their migration routes, bearing in mind their need for
protection in the geographical sea and land area of Malta.
(4) The Ornis Committee shall make recommendations to the
Minister on the adoption of measures under this regulation in
accordance with the provisions of regulation 10(6)(i).
(5) The Minister shall, by notice in the Gazette, publish the
sites classified as special protection areas in accordance with the
provisions of this regulation, together with the maps delineating
these areas.
Amended by
L.N. 39 of 2007.
Schedule III (a)
Bird Species for which the activities referred to in regulation 6(1) are permitted
ANSERIFORMES
Anatidae
Anas platyrhynchos
GALLIFORMES
Tetraonidae
Lagopus lagopus lagopus, scoticus et hibernicus
Phasianidae
Alectoris rufa
Alectoris barbara
Perdix perdix
Phasianus colchicus
COLUMBIFORMES
Columbidae
Columba palumbus
Schedule III (b)
Bird Species for which the activities referred to in regulation 6(1) are to be regulated
ANSERIFORMES
Anatidae
Anser albifrons albifrons
Anser anser
Anas penelope
Anas crecca
Anas acuta
Anas clypeata
Aythya ferina
Aythya fuligula
Aythya marila
Somateria mollissima
Melanitta nigra
GALLIFORMES
Tetraonidae
Lagopus mutus
Tetrao tetrix britannicus
Tetrao urogallus
GRUIFORMES
Rallidae
Fulica atra
CHARADRIIFORMES
Charadriidae
Pluvialis apricaria
Scolopacidae
Lymnocryptes minimus
Gallinago gallinago
Scolopax rusticola
(1) All species of naturally occurring wild birds are
protected. Without prejudice to the provisions of regulations 5, 8
and 9, no person shall
(a) hunt or attempt to hunt, take or attempt to take any
bird which is protected under these regulations, other
than in accordance with these regulations and with the
conditions of any licence granted thereunder;
(b) hunt or attempt to hunt, take or attempt to take,
destroy, damage or remove by any means, any bird
nest and eggs;
(c) take the eggs in the wild of any bird which is protected
under these regulations and keep these eggs even if
empty;
(d) deliberately disturb any bird which is protected under
these regulations during the period of breeding and
rearing;
(e) be in possession or in control of or keep any specimen
of any bird not listed in Schedule II and/or any
specimen of any Non-European territory bird, whether
alive or dead, or any recognisable parts or derivatives
thereof, unless he proves that such specimen
(i)
has been declared with the Malta Environment
and Planning Authority or its predecessor by the
31st May 2003 and such person is in possession
of the permits, or certificates of registration by
the Malta Environment and Planning Authority
or its predecessor or by the Wild Birds
Regulation Unit to keep such bird in accordance
with regulation 21; or
(ii) is lawfully imported in accordance with
regulation 6(1)(a) or 6(1)(b); or
(iii) is taken in a Member State where it was lawfully
hunted or captured or otherwise lawfully
acquired under the terms of Directive 2009/147/
EC of the European Parliament and of the
Council on the Conservation of Wild Birds and
under the legislation of that Member State; or
(iv) is captive bred
Provided that such person shall retain in his possession and
for such time as he remains in possession of the specimen as
provided for in paragraph (e) all licences, permits, certificates and
any other documents that prove to the satisfaction of the Wild Birds
Regulation Unit that such specimen was not obtained in
contravention of these regulations
Provided further that the prohibitions provided for in
paragraph (e) shall not apply where the person in possession of the
specimen is the Director of Veterinary Services or any other person
authorized by the Director of Veterinary Services and where such
possession is required for the rehabilitation, veterinary or other
treatment or culling of the specimen on veterinary grounds.
(2)
Deleted by Legal Notice 107 of 2022.
Substituted by
L.N. 39 of 2007.
Reporting Obligations
Amended by
L.N. 82 of 2011;
L.N. 426 of 2012.
Substituted by
L.N. 341 of 2013.
Amended by
L.N. 403 of 2013.
Substituted by
L.N. 69 of 2014.
Amended by
L.N. 367 of 2020.
1. It shall be the duty of any person licensed to hunt and, or, take birds under
these regulations to report to the Wild Birds Regulation Unit the following
information, as prescribed by the Wild Birds Regulation Unit
(a) prior to leaving the hunting area, any bird hunted including the species
and corresponding quantity; provided that in the case hunting and, or
taking that takes place under the terms of any derogation, the above
reporting obligation shall apply immediately upon making a catch;
(b) the geographical location where the birds were hunted and, or, taken;
(c) any other information which may be specified by the Wild Birds
Regulation Unit from time to time.
(1) Without prejudice to the provisions of regulation 9, no
person shall hunt or attempt to hunt any birds other than those
referred to in Schedule II
Provided that such hunting, including falconry if practiced,
as carried out in accordance with the provisions of these
regulations shall be subject to any conditions and rules as may be
established pursuant to regulation 10(6), in particular paragraph (a)
thereof, and shall be in accordance with the principles of wise use
and ecologically balanced control of the species of birds which are
referred to in Schedule II and be compatible with the requirement
of maintaining the population of these species, in particular as
regards migratory species
Provided further that there shall be no hunting of birds
which are referred to in Schedule II during the rearing season or
during the various stages of reproduction of these species.
(2) As regards migratory species which are referred to in
Schedule II, there shall also be no hunting of such species during
their period of reproduction or during their return to their rearing
grounds.
(3)
No person shall
(a) hunt on land any bird other than those listed in Part A
of Schedule II; or
(b) hunt at sea any bird other than those listed in Part B of
Schedule II.
Bird Sanctuaries
1. The surroundings of the Addolorata Cemetery as per site plan attached to
these regulations and within 50 metres of any other cemetery in Malta and
Gozo.
2. The surroundings of Kennedy Grove and Salina area, as per site plan attached
to these regulations.
3. Marsa Sports Ground, as per site plan attached to these regulations.
4. San Anton Gardens and all other public Gardens in Malta and Gozo.
5. Portes-des-Bombes area including surrounding bastions, as per site plan
attached to these regulations.
6. Manoel Island.
7. The surroundings of Għadira, at Mellieħa Bay, as per site plan attached to
these regulations.
8. The Heliport at Ta’ Lambert, limits of Għajnsielem and Xewkija, Gozo, and
the surrounding areas up to 200 metres, as per site plan attached to these
regulations.
9. Within 200 metres from Luqa Airport and within 50 metres of the approach
lights indicating the runways.
10. The island of Comino.
11. The islet of Filfla.
12. The surroundings of Buskett gardens and Verdala Palace, as per site plan
attached to these regulations.
13. The area on the heights of Ta’ Ċenċ Cliffs, Gozo, as per site plan attached to
these regulations.
14. Ta’ Qali complex, including the area formerly used as areodrome and its
adjacent land, as per site plan attached to these regulations.
15. Within 50 metres of the Radio stations operated by the Department of Civil
Aviation at
(a) Bengħajsa, limits of Birżebbuġa;
(b) Dingli Heights, limits of Dingli;
(c) Wied Rini, limits of Rabat;
(d) Non-directional Beacon, Fort St. Rocco, limits of Rinella;
(e) VOR Station, it-Tafal, limits of Kerċem, Gozo.
16. The surroundings of Simar, at Pwales Bay, St. Paul’s Bay, as per site plan
attached to these regulations.
17. The surroundings of the Salt Marsh at il-Ballut, Marsaxlokk, as per site plan
attached to these regulations.
18. St. Paul’s Islands.
19. Girgenti, as per site plan attached to these regulations.
20. Wied Għollieqa, as per site plan attached to these regulations.
21. Il-Qawra, Gozo, as per site plan attached to these regulations.
22. Għammar Hill, Gozo, as per site plan attached to these regulations.
(1) Without prejudice to the provisions of regulation 9 and
any other legislation, no person shall
(a) import or export any bird specimen, whether alive or
dead, or any part or derivative thereof, unless it was
legally acquired in its country of origin or is captive
bred, and in both cases the export of which has been
authorised by the competent authorities responsible for
the species’ protection in the country of origin;
(b) import or export any Non-European territory bird
specimen whether alive or dead, or any part or
derivative thereof unless it was legally acquired in its
country of origin or is captive bred, and in all cases the
export of which has been authorised by the competent
authority responsible for the species’ protection in the
country of origin;
(c) sell, transport for sale, keep for sale and offer for sale
any live or dead specimen of a Non-European territory
bird or any part or derivative thereof unless he proves
that such specimen was lawfully imported in
accordance with the provisions of these regulations or
was captive bred;
(d) sell, transport for sale, keep for sale and offer for sale
any live specimen of a bird not listed in Schedule III
(a) and III (b) unless such bird is captive bred;
(e) sell, transport for sale, keep for sale and offer for sale
any dead bird specimen or any part or derivative
thereof of birds not listed in Schedule III (a) and III
(b) unless such bird is captive bred;
(f)
sell, transport for sale, keep for sale and offer for sale
any live or dead bird specimen or any part or
derivative thereof of birds listed in Schedule III (a)
unless such birds have been lawfully killed or captured
or otherwise legally acquired;
(g) sell, transport for sale, keep for sale and offer for sale
any live or dead bird specimen or any part or
derivative thereof of birds listed in Schedule III (b)
unless authorized in accordance with the provisions of
regulation 10 and such birds have been lawfully killed
or captured or otherwise legally acquired.
(2) Following the granting of any authorization pursuant to
sub-regulation (1)(g), the Committee established under regulation
10 shall verify at regular intervals that the conditions governing the
granting of such authorization continue to be fulfilled and shall
make recommendations, as necessary, to the Minister in connection
therewith.
(3) Whosoever is in possession of any specimen of any bird or
any Non-European territory bird, whether alive or dead, or part of
any specimen, pursuant to sub-regulation (1) shall retain in his
possession and for such time as he remains in possession of the
specimen, as applicable, all permits, certificates and any other
d oc u m e n ts th a t pr o ve to t he s a t is f a c t i on o f th e Wi ld B ir d s
Regulation Unit that such specimen was not obtained in
contravention of these regulations.
(4) The importation or exportation of species of birds and non-
European territory birds shall be in accordance with the provisions
of these regulations and without prejudice to any other existing
laws and regulations.
Substituted by
L.N. 341 of 2013;
General Licence Conditions
L.N. 69 of 2016.
1. A general licence shall not be issued, unless the person concerned
(a) has paid for and obtained the necessary licences required under Part XV
of the Code of Police Laws and, or, paid for and obtained the necessary
Police licences to hunt and, or take birds as may be applicable;
(b) is a paid member of an organization representing persons who are
licensed to hunt and, or to take;
(c) in the case of general hunting licences, holds a duly paid insurance
policy against third party risks to persons or damage to property;
(d) has paid necessary licence fees as prescribed in regulations 12 and 13 of
these regulations and other applicable fees as listed in Schedule X;
(e) has successfully passed an examination established under regulations
11(3) and 12(2) of these regulations;
(f)
has provided to the Wild Birds Regulation Unit the relevant personal
details including a personal photo identification and any other
information that may be requested in the format prescribed by the Wild
Birds Regulation Unit.
2. A general licence shall not be renewed for a further five-year period, unless
the person concerned
(a) has paid for and obtained the necessary licences required under Part XV
of the Code of Police Laws and, or, paid for and obtained the necessary
Police licences to hunt and, or take birds as may be applicable;
(b) is a paid member of an organization representing persons who are
licensed to hunt and, or to take;
(c) in the case of general hunting licences, holds a duly paid insurance
policy against third party risks to persons or damage to property;
(d) has paid any administrative fines imposed in accordance with regulation
27A of these regulations, as prescribed in Schedule VIII;
(e) has paid necessary licence fees as prescribed in regulations 12 and 13 of
these regulations and as listed in Schedule X;
(f)
has faithfully complied with the reporting obligations found in Schedule
IV;
(g) has provided to the Wild Birds Regulation Unit the relevant personal
details including a personal photo identification and any other
information that may be requested in the format prescribed by the Wild
Birds Regulation Unit;
(h) has submitted his application for the renewal of his licence to the Wild
Birds Regulation Unit within one year from the date of expiry of his
licence.
3. The general licence shall immediately cease to be valid and the person shall
not hunt or attempt to hunt or take or attempt to take birds during such time that the
person concerned is in default of any of the requirements stipulated in paragraph 2 of
this Schedule during the five-year validity period of the licence
Provided that where the person concerned rectifies his default as referred in
this paragraph during the five year period of validity of his licence, the validity of
the licence would be reinstated.
(1) Without prejudice to the provisions of regulations 8
and 9, no person shall hunt or attempt to hunt, take or attempt to take
any bird by making use or be in possession of any of the following
methods
(a) snares, limes including birdlime, poisonous or
stupefying bait, hooks or any similar substances or
methods;
(b) any electrocuting devices;
(c) any artificial light sources, mirrors, devices for
illuminating targets or any night vision devices
comprising an electronic image magnifier or image
converter;
(d) any gas, or any electric or electronic device, especially
the use of pre-recorded bird calls;
(e) nets, including those known as ranja, mist-nets, and
any type of vertical net;
(f)
any kind of cage-trap, whether with a net or not;
(g) decoy live birds which are blind or mutilated;
(h) decoy live birds held by any means except those held
by cotton string and swivel;
(i)
decoys of protected birds;
(j)
explosives; and
(k) semi-automatic or automatic weapons with a magazine
capable of holding more than two rounds of
ammunition
Provided that the prohibition in sub-regulation (1) shall be
without prejudice to the provisions of regulation 23(2)(f)
Provided further that the prohibition in paragraph (d)
referring to electric or electronic devices shall not apply to battery-
operated artificial bird decoys including motorised rotating decoys,
flapping decoys and those that mimic bird movement, including
flight
Provided further that such artificial bird decoys shall not
include or incorporate within or with them any pre-recorded bird calls
or any other method prohibited under this regulation.
(2) No person shall sell, offer for sale, exhibit for sale or keep
any device the use of which, is prohibited by sub-regulation (1)
Provided that, subject to the other provisions of these
regulations and subject also to the provisions of any law for the
time being in force in Malta, in as far as any device referred to in
sub-regulation (1) may be used for purposes other than those to
which these regulations refer, the same, offering for sale, exhibition
for sale, or keeping of any such device shall not be prohibited
solely on the basis of this regulation.
Substituted by
L.N. 39 of 2007.
Beaches protected under regulation 18(2)(a) and (c) Amended by
L.N. 341 of 2013.
1. The delineation of the following beaches and up to 50 metres outwards from
the delineation lines as per site plans attached
Malta
Armier bay, as per site plan attached hereto;
a.
Anchor bay, as per site plan attached hereto;
b.
Għajn Tuffieħa bay, as per site plan attached hereto;
c.
Paradise bay, as per site plan attached hereto;
d.
Ġnejna bay, as per site plan attached hereto;
e.
Golden bay, as per site plan attached hereto.
f.
Gozo
Mġarr ix-Xini bay; as per site plan attached hereto;
a.
Ramla l-Ħamra beach; as per site plan attached hereto;
b.
San Blas bay, as per site plan attached hereto;
c.
Xatt l-aħmar beach, as per site plan attached hereto;
d.
Xlendi bay, as per site plan attached hereto.
e.
(1) Any live-capturing of wild birds by any means
whatsoever is prohibited except by virtue of derogations authorised
in terms of regulation 9.
(2) Notwithstanding the provisions of regulation 4(1)(a) and
(e) and regulation 7, and without prejudice to the provisions of
regulat ion 9, certain b irds m ay be deliberatel y captured in
accordance with the parameters established by the relevant
framework regulations pertaining to live-capturing derogations and
under the terms of any special live-capturing licences issued
thereunder
Provided that the licensee shall only use traditional
manually-operated selective clap-nets, consisting of two parallel
nets spread flat on the ground which capture birds by clapping 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
Provided further that such live-capturing may only take
place in live-capturing sites within the area clearly outlined on a
site plan which is approved for that purpose by the Wild Birds
Regulation Unit and registered with the Commissioner of Police,
and which contains only one (1) live-capturing station per licence
holder
Provided further that copies of the site plans approved by
the Wild Birds Regulation Unit may be given, or the registration or
changes to the approved site plans can be effected, against an
administrative fee prescribed in Schedule X.
Added by
L.N. 341 of 2013;
Administrative Fines
Amended by
L.N. 252 of 2014;
Regulation 27A
L.N. 281 of 2015;
L.N. 69 of 2016;
L.N. 368 of 2018.
Substituted by
L.N. 86 of 2022.
Penalty
First
Second
points for
Regulation
Offence category
offence
offence
each offence
category
7(1)(d)
Use or possession of any
€250 and
€250 and
electric or electronic device, use
confiscation
confiscation
or possession of bird caller
of the corpus
of the corpus
delicti
delicti
Provided that where the offence
is carried out during any closed
season or during prohibited
hours or within any Bird
Sanctuary listed in Schedule V
or Protected Beach listed in
Schedule VII, or where the pre-
recorded bird calls correspond
to species not listed in Schedule
II, the offence shall not be
subject to an administrative fine
but shall be punishable in terms
of regulation 27 and immediate
confiscation of the corpus
delicti.
7(1)(f)
Use of any kind of portable
€250 and
€250 and
cage-trap during any time of the
confiscation
confiscation
year, whether with a net or not,
of the corpus
of the corpus
which does not exceed the
delicti
delicti
length of 60cm on any of its
sides
Provided that when the use of a
portable cage-trap is combined
with the use of live-decoys,
within or in the surrounding
area
of
the
cage-trap,
irrespective of whether the live-
decoys are located in cages or in
an aviary, this offence shall not
be subject to an administrative
fine but shall be punishable in
terms of regulation 27.
8(2)
Live-decoys in excess of the
€50 for each
€50 for each
limit permitted by virtue of a
live-decoy in
live-decoy in
live-capturing special licence.
excess of the
excess of the
permitted
permitted
limit
limit
8(2)
Failure to comply with the
€50 for each
€50 for each
minimum cage dimensions as
cage smaller
cage smaller
20(a)(ii)
specified in the special licence
than the
than the
for the relevant species.
minimum
minimum
dimensions
dimensions
Schedule
Failure to report birds fitted
€50 for each
€50 for each
IV(1)(c)
with a scientific ring to the Wild
specimen not
specimen not
Birds Regulation Unit and/or
reported or
reported or
failure to immediately release
released
released back
7(p) of
them back into the wild after the
back into the
into the wild
details of the scientific ring
wild and
and
have been recorded.
confiscation
confiscation
of the
of the
specimens
specimens not
not released
released into
into the wild
the wild
12(6)
Failure to declare every bird
€50 per
€50 per
hunted or taken
undeclared
undeclared
bird up to a
bird up to a
Provided that if the failure
maximum of
maximum of
consists in more than five (5)
€250
€250
undeclared birds or, during the
period of any derogation, more
than the number of birds
allowed as daily bag limit or
more than the number of birds
allowed as seasonal bag limit, if
such limits are imposed, the
offence shall not be subject to
an administrative fine but shall
be punishable in terms of
regulation 27.
€50
€50
12(9)
Failure
to
submit
the
information as required in
paragraph 1(c) of Schedule IV
of these regulations.
14(1)
Trespassing of private property,
€250
€250
unless such trespassing is an
offence under any other law.
16(a) and (b)
Hunting and, or taking without
€250
€250
the relevant licence / identity
documentation and failure to
produce such documentation to
the Police within two days
Provided that this fine shall not
apply in the absence of a valid
licence to hunt or to take, or to
hunting and/or taking during the
period of a derogation, in which
case the offence shall not be
subject to an administrative fine
but shall be punishable in terms
of regulation 27.
18(2)(a)
Carrying a firearm, whether
€250
€250
loaded or not, that is not in its
case while within 200 metres
from any town or village, or
other inhabited area
Provided that where the
carrying of a firearm, whether
loaded or not, that is not in its
case occurs within less than 150
metres from any town or
village, or other inhabited area
or of any of the beaches listed in
Schedule VII, or within distance
of 50 metres from main or
arterial roads the offence shall
not be subject to an
administrative fine but shall be
punishable
in
terms
of
regulation 27.
18(2)(b)
Magazine capable of more than
€250
€250
and7(1)(k)
two shots.
(1) Derogations from the provisions of regulations 4, 5, 6,
7, 18 and 21 may be authorized where there is no other satisfactory
solution, for the following reasons
(a) in the interests of public health and safety;
(b) in the interests of air safety;
(c) to prevent serious damage to crops, livestock, forests,
fisheries and water;
CONSERVATION OF WILD BIRDS
(d) for the protection of flora and fauna;
(e) for the purposes of research and teaching, of re-
population, of re-introduction and for the breeding
necessary for these purposes;
(f)
to permit, under strictly supervised conditions and on a
selective basis, the capture, keeping or other judicious
use of certain birds in small numbers
Provided that in authorizing any derogations, the following
must be specified
(a) the species which are subject to the derogations;
(b) the means, arrangements or methods authorized for
capture or killing;
(c) the conditions of risk and the circumstances of time
and place under which such derogations may be
granted;
(d) the controls which will be carried out.
(2) The Ornis Committee established under regulation 10 shall
make recommendations to the Minister on the authorization of such
derogations where it determines that the required conditions for
authorizing any such derogations are in place.
(3) In making any such recommendations, the Ornis Committee
established under regulation 10 shall act in accordance with the
provisions of this regulation.
(4) The Wild Birds Regulation Unit shall draw up a report on
t he i mp lem ent atio n o f thi s regul ati on. Th is report shall be
submitted to the Minister for his consideration by the end of July of
every year.
Added by
L.N. 341 of 2013.
[Regulation 27(2)]
Substituted by
L.N. 281 of 2015.
Non-Schedule I species subject to special protection
Amended by
L.N. 368 of 2018.
ANSERIFORMES
Anatidae
Ċinju Mutu
Mute Swan
Cygnus olor
CHARADRIIFORMES
Haematopodidae
Gallina tal-Baħar
Eurasian Oystercatcher
Haematopus
ostralegus
FALCONIFORMES
Accipitridae
Falkun
Goshawk
Accipiter gentilis
Sparvier
Eurasian Sparrowhawk
Accipiter nisus
Kuċċarda prima
Common Buzzard
Buteo buteo
Kuċċarda tal-Kalzetti
Rough-legged Buzzard
Buteo lagopus
Falconidae
Żumbrell Għarbi
Sooty Falcon
Falco concolor
Seqer tal-Ħannieqa
Eurasian Hobby
Falco subbuteo
Spanjulett
Common Kestrel
Falco tinnunculus
GRUIFORMES
Rallidae
Faġan tal-Baħar Afrikan Allen’s Gallinule
Porphyrio alleni
PELECANIFORMES
Ardeidae
Russett Griż
Grey Heron
Ardea cinerea
Agrett tal-Bhejjem
Cattle Egret
Bubulcus ibis
Agrett tax-Xatt
Western Reef-egret
Egretta gularis
Threskiornithidae
Velleran Eremita
Northern Bald Ibis
Geronticus eremita
PHOENICOPTERIFORMES
Phoenicopteridae
Phoeniconaias minor Fjamingu
Lesser Flamingo
(Phoenicopterus minor)
Phoenicopterus roseus Fjamingu
Greater Flamingo
STRIGIFORMES
Strigidae
Qattus
Long-eared Owl
Asio otus
Kokka tat-Tikki
Little Owl
Athene noctua
Kokka
European Scops Owl
Otus scops
Tytonidae
Barbaġann
Barn Owl
Tyto alba
SULIFORMES
Sulidae
Sula
Northern Gannet
Morus bassanus
(1) There shall be a committee to be known as the Ornis
Committee.
(2) The Ornis Committee shall be composed of not less than
nine members and not more than eleven members who shall be
appointed by the Minister for a term of one year, as follows
(a) a Chairman;
(b) the Director, or his representative, of the Environment
Protection Directorate within the Environment and
Resources Authority or his successor in title;
(c) three persons known for their integrity who are
independent from any organization related to bird
conservation and, or hunting;
(d) two members to be nominated by an organization
representing persons licensed to hunt and, or, to take;
(e) two members to be nominated by an organization
which represents persons knowledgeable in, or
working for, the protection of avifauna;
(f)
a person with knowledge of, and experience in
avifauna;
(g) a person with knowledge of and experience in hunting
and taking of birds
Provided that where there is more than one organization
which qualifies under regulation 2, to be appointed as is referred to
in either paragraph (d) or (e) of this sub-regulation, then there shall
be two members appointed in terms of each paragraph (d) and (e),
in which case the two members appointed under the paragraph
where there is more than one organization will be appointed as
follows
One member nominated by the organization having the
most members and one member nominated by the organization
having the next higher number of members.
(3)
(a) The committee shall be properly constituted and may
function notwithstanding any failure to nominate any
or all of the members mentioned in sub-regulation
(2)(d) and (e);
(b) The members referred to in sub-regulation (2)(a), (b),
(c), (d) and (e) shall each have one vote;
(c) The organizations referred to in sub-regulation (2)(d)
and (e) shall hold one vote per organization;
(d) The other members of the Committee shall have no
vote;
(e) The Minister shall appoint a person to act as Secretary
of the Committee.
(4) The quorum of the Ornis Committee shall consist of the
Chairman and not less than half the number of voting members,
provided that where any members representing the organizations
referred to in sub-regulation (2)(d) and (e) of are not nominated,
the Chairman shall act on his own, after consulting with the persons
mentioned in sub-regulation (2)(c).
(5) Subject to the provisions of sub-regulation (4), the
Chairman shall have an original vote and, where the votes are
equally divided, a second or casting vote.
(6)
The functions of the Ornis Committee shall be to -
(a) recommend to the Minister, for the species referred to
in Schedule II and in accordance with the provisions of
regulation 5, the open seasons during which hunting
may be allowed; such recommendation shall be
submitted to the Minister at least four weeks prior to
the proposed start of the open season during which
hunting may be allowed
Provided that in exceptional circumstances determined
in conjunction with the Minister, the recommendation
shall be submitted to the Minister at least two weeks
prior to the proposed start of the open season during
which hunting may be allowed;
(b) recommend to the Minister, in accordance with the
provisions of applicable regulations, and without
prejudice to the provisions of regulations 8 and 9, the
CONSERVATION OF WILD BIRDS
open season during which taking may be allowed; such
recommendation shall be submitted to the Minister at
least four weeks prior to the proposed start of the open
season during which taking may be allowed
Provided that in exceptional circumstances determined
in conjunction with the Minister, the recommendation
shall be submitted to the Minister at least two weeks
prior to the proposed start of the open season during
which taking may be allowed;
(c) make recommendations to the Minister on the
authorization of derogations from the provisions of
regulations 4, 5, 6, 7, 18 and 21 where necessary in
accordance with the provisions of regulation 9 and
subject to the conditions specified therein
Provided that following any such decisions the Ornis
Committee shall verify at regular intervals that the
conditions governing the granting of such
authorization or authorisations continue to be fulfilled;
(d) make recommendations to the Minister on the
establishment of policies and conditions in relation to
the renewal of licences for the hunting of birds and the
issuing of new licences for the hunting of birds, in
accordance with the provisions of these regulations;
(e) make recommendations to the Minister on the
establishment of policies and conditions on the
confirmation of licences to take and on the issuing of
new licences to take as may be necessary in
application of regulations 8 and 9, and in accordance
with the provisions of these regulations;
(f)
make recommendations to the Minister on the
establishment of policies relating to the enforcement
of regulations;
(g) make recommendations to the Minister on plans for
the management of areas for the hunting and taking of
birds in accordance with the provisions of these
regulations;
(h) make recommendations to the Minister on the
establishment of policies relating to awareness
programmes associated with any matter concerning
these regulations;
(i)
recommend to the Minister the adoption of special
measures for the conservation of the bird species
referred to in Schedule I and for regularly occurring
migratory species not included in Schedule I in
accordance with the provisions of regulation 3, taking
into account their protection requirements in the
geographical sea and land area of Malta;
(j)
recommend to the Minister, as may be necessary, the
adoption of national lists of species in danger of
extinction or particularly endangered species, taking
into account their geographical distribution;
(k) recommend to the Minister, as may be necessary, the
drawing up of listings and ecological descriptions of
areas particularly important to migratory species on
their migratory routes and as wintering and nesting
grounds;
(l)
recommend to the Minister, as may be necessary,
listings of data on the population levels of migratory
species as shown by ringing;
(m) recommend to the Minister, as may be necessary,
ecological methods for preventing any type of damage
caused by birds;
(n) determine, as necessary, the role of certain species as
indicators of pollution and make recommendations to
the Minister in connection therewith;
(o) study, where necessary, the adverse effect of chemical
pollution on population levels of bird species and
make recommendations to the Minister in connection
therewith;
(p) recommend measures to the Minister to control and
monitor the introduction of any bird species not
occurring naturally in the wild state in the European
territory of the Member States of the European Union;
(q) recommend and, or commission, as necessary, regular
studies and, or assessments relating to the status of the
birds;
(r) prepare reports related to any matter arising from these
regulations;
(s) recommend to the Minister the revision of any
parameters of any hunting or taking season at any time
on the basis of latest scientific advice concerning
conservation status and maintenance of the population
of bird species at satisfactory level, and or on the basis
of the assessment of any other factors the Committee
deems relevant
Provided that in exercise of its functions, the Ornis
committee may draw upon assistance of the Wild Birds Regulation
Unit where this is required
Provided further that the Committee may, with the consent
of the Minister, delegate specific functions prescribed in this sub-
regulation to the Wild Birds Regulation Unit
Provided further that should there a be a period when the
Committee is not constituted, the Minister may, by notice in the
Gazette, temporarily delegate the functions of the Committee to the
Wild Birds Regulation Unit until such time that the new Committee
is appointed
Provided further that as regards paragraphs (a), (b) and (c),
the Minister shall, after having given due consideration to the
recommendations submitted by the Committee and exercising his
own discretion, by notice in the Gazette -
(i) establish the open seasons during which hunting
shall be allowed;
(ii) establish the open seasons during which taking
shall be allowed;
(iii) decide on whether or not to authorize
derogations from the provisions of regulations 4,
5, 6, 7, 18 and 21 and the conditions under
which any such derogations are to be exercised
So however that if, when in acting under this proviso, there
exists substantial divergence between the recommendations of the
Committee and the decision or decisions taken by the Minister, the
Minister shall state in writing to the Committee the reasons for his
decision within three weeks from the publication of such decisions
in the Gazette.
(7) The Ornis Committee may, with the Minister’s consent,
delegate to the Wild Birds Regulation Unit any of such functions as
are referred to in sub-regulation (6)
Provided that in exercising any of the functions so
delegated, the Wild Birds Regulation Unit shall act in accordance
with the provisions of these regulations.
(8) The Ornis Committee shall inform the Minister about its
deliberations and decisions and shall transmit to him a copy of the
minutes of the meetings.
Added by
L.N. 252 of 2014.
Administrative Fees
Amended by
L.N. 281 of 2015;
L.N. 69 of 2016;
L.N. 255 of 2022.
Service
Fee
Examination fee in accordance with regulation 12(2)
€30 per examination
Re-sits of examinations referred to in regulation 12(2)
€10 per re-sit of
examination
Taxidermist’s license issued in terms of regulation 21(1)
€300 per three-year
licence
Registration or effecting of changes to site plans approved by €10 per approved site
the Wild Birds Regulation Unit in terms of the fourth proviso to
plan registered /
regulation 8(2)
changed
Provision of a copy of the site plan approved by the Wild Birds
Regulation Unit in terms of the fourth proviso of regulation €2 per copy of the site
8(2)
plan
New application or renewal of the general licence to hunt €50 for a validity
birds on land
period of 5 years
New application or renewal of the general licence to hunt €50 for a validity
birds at sea
period of 5 years
New application or renewal of the general licence to take €50 for a validity
birds
period of 5 years
Replacement of a lost general licence document (licence
€20 for any
card)
replacement licence
document (licence
card) issued
Submission of documents or applications, or compliance with
€150 for each late
any payment obligation after the deadline stipulated in writing
submission or late
by the Wild Birds Regulation Unit
payment in addition to
Provided that this shall not apply to fines (multi) that the original amount, if
are not paid within the stipulated deadline
due
(1) The Wild Birds Regulation Unit shall be established by
t h e M i n i s t e r a n d s h a l l b e c h a rg e d w i t h i m p l e m e n t i n g t h e
recommendations of the Ornis Committee and Minister’s decisions
concerning implementation of these regulations. The Wild Birds
Regulation Unit shall also act as Secretariat to the Committee
established under regulation 10 and shall assist this Committee in
the performance and in the carrying out of its functions
Provided that in exercising any of its functions under these
regulations, the Wild Birds Regulation Unit shall act in accordance
with the provisions of these regulations.
(2) The Wild Birds Regulation Unit shall be responsible for the
issuing of licences under these regulations, so however that the
Commissioner may, on grounds of public policy and, or, of law and
order, inform the Wild Birds Regulation Unit that an individual
should not be issued with such licence.
(3) The Wild Birds Regulation Unit will not issue or renew a
general licence where the Commissioner provides the advice in
terms of sub-regulation (2), and, or, where the criteria established
in Schedule VI are not satisfied.
(4) Without prejudice to the provisions of sub-regulation (3),
whosoever feels aggrieved by the decision of the Wild Birds
Regulation Unit not to issue or renew a particular licence, may
appeal to the Ornis Committee within fifteen working days from
the date when such decision is communicated to the applicant.
(5) Such appeal shall be lodged with the Secretary of the
Committee in writing, who shall acknowledge such receipt of the
appeal within fifteen days of its receipt in writing.
(6) In determining such appeal, the Ornis Committee may
regulate its own procedure and shall give an opportunity to both the
Wild Birds Regulation Unit and the appellant to present their views
orally or in writing. The decisions of the Ornis Committee shall be
final and conclusive.
(7) The decision taken by the Ornis Committee as provided for
in sub-regulation (6) shall, without prejudice to sub-regulation (2)
or of any other law, be binding on the Wild Birds Regulation Unit
and any other person entrusted with the implementation of these
regulations.
(8) The Wild Birds Regulation Unit shall be responsible for the
implementation, compliance and enforcement of these regulations.
In exercising such functions, the Wild Birds Regulation Unit may
designate officers to assist the Executive Police and any other
authority or department in the conduct of any inspections related to
the scope of these regulations, or assist in the prosecution of any
suspected breaches of these regulations. In the exercise of their
functions, the designated officers shall act in accordance with these
r e g ul a ti o n s an d s h a l l h a v e a l l t h e p ow e r s s t ip u l a t e d i n t h e
Environment Protection Act.
(9) The Wild Birds Regulation Unit, assisted by the Executive
Police, shall immediately suspend the relevant general licence for a
period of one (1) year whenever a licensee accumulates in
aggregate twelve (12) penalty points or more during a two (2) year
period, in accordance with regulation 27A.
(10) During the period of suspension of the relevant licence in
accordance with sub-regulation (9), the licensee shall be rendered
ineligible to apply for a special licence associated with the relevant
general licence that has been suspended, which special licence is
issued under the terms of the relevant Framework Regulations, and
shall also be rendered ineligible to apply for a licence or permit to
participate in any research activity provided for in accordance with
the first proviso to regulation 23(1).
(11) The Wild Birds Regulation Unit shall return the relevant
general licence to the licensee following termination of the
suspension period in accordance with sub-regulation (9).
(1) Without prejudice to the provisions of any other law
no person shall hunt or attempt to hunt, take or attempt to take by
any means any birds as permitted in accordance with the provisions
of these regulations, unless such person is in possession of a valid
licence as applicable, issued by the Wild Birds Regulation Unit, and
such person satisfies all the conditions specified in the licence and
in any other law
Provided that any such licence shall be issued in accordance
with and subject to the provisions of these regulations and of any
policies and conditions as may be established pursuant to
regulation 10(6)
Provided further that any such licence shall be issued
against a fee stipulated in Schedule X.
(2) Any person who applies for a licence may be asked to sit
for a practical examination to determine his knowledge on the use
and safe carrying of fire-arms and his ability to identify birds and
his knowledge of regulations for the conservation of wild birds
Provided that such examination shall be held against a fee
stipulated in Schedule X
Provided further that, without prejudice to the requirements
of any other law or regulation, persons who successfully passed an
examination on their ability to identify birds and their knowledge
of regulations for the conservation of wild birds as established in
this sub-regulation shall not be required to sit for another such
examination for that licence category for which they are licensed
during the period of validity of such licences in terms of sub-
regulation (7), or upon due renewal of such licences in accordance
with these regulations within one year from the end of the validity
period of that licence.
(3) Unless the Commissioner and, or the Wild Birds Regulation
Unit has valid reasons to the contrary, and subject to the provisions
of these regulations, whosoever is included in the register of
persons who had a licence for the live-capturing of birds valid at
any time during the period from December 2002 up to the end of
D e c e m b e r 2 0 11 , b u t h a s s i n c e n o t r e n e w e d h i s l i c e n s e i n
accordance with the provisions of these regulations, may opt to
apply for a provisional live-capturing licence, which shall be issued
after effecting relevant fees stipulated in the second proviso to sub-
regulation (1) and in the proviso of sub-regulation (2), and after the
live-capturing station has been approved by the Wild Birds Regulation
Unit and registered with the Commissioner of Police in terms of
regulation 8(2)
Provided that such provisional licence shall be
automatically terminated within a period of twelve months from the
date o f issuance, unless the holder successfully p asses the
examination in accordance with sub-regulation (2) within twelve
months from the date of issuance of the provisional licence.
(4) The Wild Birds Regulation Unit shall ensure that before a
licence is granted or renewed under these regulations, the applicant
shall have complied with the conditions listed in Schedule VI.
(5) The Wild Birds Regulation Unit may issue the following
general licences in terms of these regulations
(a) the general licence to hunt birds on land;
(b) the general licence to hunt birds at sea;
(c) the general live-capturing licence to take birds
Provided that no general licence to hunt and, or to take
(live-capture) birds shall be valid unless the general licence holder
renews his membership with an organization representing persons
licensed to hunt and, or take and, for this purpose, the organisation
shall stamp the membership booklet issued by the Wild Birds
Regulation Unit and issue a membership card for that year during
which the licensee will practice hunting and, or taking of birds
Provided further that, in the case of hunting, no general licence
to hunt shall be valid unless the general licence holder has also paid
insurance policy against third party risks to persons or damage to
property, and paid all relevant Police permits to carry a firearm for the
purpose of bird hunting for that year during which the licensee shall
practice hunting.
(6) Subject to the provisions of regulation 11(3), an individual
may apply and obtain any one or more of the above general licences or
any combination of general licences.
(7) Without prejudice to the provisions of these regulations, the
licence issued in accordance with these regulations shall remain valid
for a period of five years and may be renewed for further periods of
five years subject to fulfilment of the criteria stipulated in Schedule
VI.
(8) A licensee in possession of a general licence issued in terms of
these regulations shall not be exempt from obtaining any other licence
which may be required where his activity is regulated by any other
regulation made under these regulations or by any provision under
these regulations or under any other law or regulation.
(9) A licensee in possession of a general licence issued in terms
of these regulations shall use the game reporting system indicated
by the Wild Birds Regulation Unit to effect the reporting required
under Schedule IV.
No person shall hunt and, or, take birds unless he has
effected the relative payments stipulated under these regulations,
including any payments due as prescribed by Schedule VIII and
Schedule X, and the relative licences have been issued in his
favour, in accordance with the conditions stipulated under Schedule
VI.
(1) No person in search or in pursuit of birds shall enter
any field, land, tenement or other enclosure belonging to or
occupied by third parties against their consent.
(2) It shall be presumed that there is this prohibition with
regards to any field, land, tenement or other enclosure which is
sown or planted or in which there are vegetables or fruits that are
yet unpicked or unplucked.
Unless the contrary is proved, any person who between two
hours before sunrise and two hours after sunset, or during any close
season, is found in the open countryside, whether on his own land
or on land belonging to some other person, or outside such land, or
is found at sea carrying a fire-arm or ammunition for taking game,
shall be deemed to be in the actual search for or pursuit of birds.
No person shall -
(a) carry a fire-arm or hunt or attempt to hunt any bird as
permitted in accordance with these regulations, or
(b) take or attempt to take any bird,
unless he is carrying with him his legally valid identification
document or any other recognized means of identification and the
proper licence for the activity issued to him under these regulations
or any other law
Provided that where any such person is not carrying such
documents with him, he shall be freed of any liability arising from
such omission if within two days he produces to the police such
document at the place indicated to him by them.
No person shall at any time keep or carry a fire-arm which
is loaded, or with cartridges in its magazine, or out of its case,
unless at a place where shooting of game is allowed.
(1) Without prejudice to regulation 9, no person shall
(a)
during the closed season for the hunting of birds on land,
hunt or attempt to hunt any bird, or carry
ammunition or a fire-arm outside its case
Provided that during both the open season and closed
season for the hunting of birds on land, authorisation to hunt
released captive-bred birds for the purpose of training of hunting
dogs may be given after an application is submitted to and
approved for this purpose by the Wild Birds Regulation Unit, and
in accordance with the conditions established in the same
authorisation which, inter alia, shall include
(i)
a prohibition on immediate shooting as soon as
the birds are released;
(ii) a prohibition on the use of a method known as
"tal-kaxxa" or any other method that leads to the
immediate shooting of the birds on their release,
as prohibited in terms of regulation 20(b);
(iii) a requirement to submit a list of participants by
not later than two (2) working days from
termination of the training activity, which list
shall indicate the name, surname and identity
card number of each participant who took part in
the activity; and
(iv) a requirement to declare, by not later than two
(2) working days from termination of the
activity, the total number of captive-bred birds
of each species hunted during the same activity
Provided further that such authorisation shall only be given
if the captive-bred birds pertain to species in the order
‘Galliformes’, as listed in Schedule II and that the release of
captive-bred common quail (Coturnix coturnix) for this purpose
shall not be permitted during the months of March, April and May
of each year
Provided further that the application shall be submitted at
least two (2) weeks prior to the activity by an organization
representing persons licensed to hunt, and shall include
(i)
written consent from the landowner or
leaseholder of the site where the activity shall
take place;
(ii) copies of all necessary permits obtained from the
Police and from any other authority as may be
required under other applicable laws or
regulations;
(iii) the dates and times when the activity is proposed
to take place;
(iv) the site where the activity will take place clearly
marked on an A4 site plan;
(v) details of the species and the amount of captive-
bred birds from each species that will be
released; and
(vi) a health certificate from a licensed veterinarian
confirming that the specimens are healthy and
free of parasites and disease;
(b) during the open season for the hunting of birds not at
sea, hunt or attempt to hunt any bird not included in
Schedule II;
(c) during the close season for the taking of birds as may
be permitted in accordance with these regulations, take
or attempt to take any bird;
(d) during the open season for the taking of birds as may
be permitted in accordance with these regulations, take
or attempt to take any bird at sea;
(e) during the close season for the hunting of birds at sea,
carry while at sea (other than while crossing between
Malta and Gozo by public transport), any ammunition
or any fire-arm licensed for taking birds;
(f)
during the open season for the hunting of birds at sea
(i)
hunt or attempt to hunt, at sea, any bird which is
not included in Part B of Schedule II;
(ii) hunt or attempt to hunt at sea
(aa) within, or less than, three kilometres
from the coastline, from a boat or any
sea-craft, or
(bb) beyond three kilometres from the coast
from a boat or sea-craft which is being
driven at more than 5 kilometres per
hour
Provided that on the open sea, for safety reasons,
the use of a boat or sea-craft with a maximum
speed of 18 kilometres per hour may be
authorized for hunting;
(iii) carry at sea, within a distance of three
kilometres from the coastline, a fire-arm
licensed for hunting game which is loaded, or
CONSERVATION OF WILD BIRDS
has cartridges in the magazine, or is out of its
case;
(iv)
hunt or attempt to hunt from any sea-craft which
is not registered with the competent authorities;
(v)
hunt or attempt to hunt from any sea-craft unless
in possession of a licence for that purpose from
the Commissioner;
(vi)
be in possession, while at sea, of any bird, dead
or alive, or part of any bird, not included in Part
B of Schedule II and any person who is found in
possession of any bird or part of any bird not
included in Part B of Schedule II will be
presumed to have hunted, caught or taken such
bird in violation of these regulations, unless the
contrary is proved;
(vii)
launch, and haul on land, sea-craft used for
hunting birds at sea other than from those places
indicated in the licence mentioned in sub-
paragraph (v);
(g) no person shall, while in or on any motor vehicle or
aircraft, be in possession of any fire-arm which is
loaded or outside its case, or go in pursuit of any bird,
or hunt or attempt to hunt, take or attempt to take any
bird.
(2)
(a) No person shall carry a fire-arm, whether loaded or
not, that is not in its case, or discharge any fire-arm,
while within 200 meters from any town or village, or
other inhabited area, or any of the beaches listed in
Schedule VII and within 50 metres from their
delineation, or within a distance of 50 meters from
main or arterial roads
Provided that this distance of 50 meters shall not
apply in the case of secondary roads and country lanes
Provided further that the fire-arm is not aimed in the
direction of the road, whether main, arterial, secondary
or a country lane.
(b) No person shall be in possession of any fire-arm,
licensed for hunting game, which has a magazine
capable of holding more than two shots at any time.
(c) No person shall take or attempt to take any bird while
within any of the beaches listed in Schedule VII.
(1) No person shall, between two hours after sunset and
two hours before sunrise of the next following day, hunt or attempt
to hunt, take or attempt to take any bird by any means, or carry a
fire-arm which is loaded, or out of its case.
(2) No person shall hunt or attempt to hunt any bird by any
means on Sundays and Public Holidays after 1 o’clock in the
afternoon (1.00 p.m).
(3) The hunting of birds on land shall be permitted between the
1st September of any given year and the 31st January of the
following year, between two hours before sunrise and two hours
after sunset on any day between Monday and Saturday, and
between two hours before sunrise and 1 o’clock in the afternoon
(1:00 pm) on Sundays and Public Holidays
Provided that hunting of birds on land between the 15th
September and the 7th October of any year shall not be permitted
from Monday to Saturday between 7:00 pm and two hours before
sunrise of the following day.
(4) The hunting of birds at sea shall be permitted between the
1st October of any given year and the 31st January of the following
year
Provided that hunting at sea between the 1st October and
7th of October of any given year shall not be permitted from
Monday to Saturday between 7:00 pm and two hours before sunrise
of the following day
Provided further that hunting of birds at sea between 8th
October of any given year and 31st January of the following year
shall be allowed between two hours before sunrise and two hours
after sunset on any day between Monday and Saturday, and
between two hours before sunrise and 1 o’clock in the afternoon
(1:00 p.m) on Sundays and public holidays.
(5) The Minister may, by means of notice in the Gazette, revise
the parameters of the hunting season in any given year at any time
on the basis of r elevant latest scientific advice concerning
conservation status and maintenance of the population of bird
species at satisfactory level, or any other reason which the Minister
deems to be of sufficient gravity
Provided that, in its recommendation as found in regulation
10(6)(s), the Ornis Committee may also consider any reason which
it deems to be of sufficient gravity.
No person shall
(a) keep or confine any bird whatsoever in any cage or
other receptacle which is less than 250mm in height,
250mm in length and 150mm in breadth, and which,
considering the size of the bird, is not large enough to
permit the bird to stretch its wings freely
Provided that this paragraph shall not apply to poultry
or to the keeping or confinement of any bird -
(i)
while such bird is undergoing treatment by a
veterinary surgeon;
(ii) during the open live-capturing season when the
cage should not be smaller than the dimensions
provided for in the relevant framework
regulations pertaining to any live-capturing
derogations for that species for which a
particular derogation applies;
(b) promote, permit, assist or take part in any event
whatsoever in the course of which captive birds are
liberated for the purpose of being shot at immediately
on their release.
(1) No person shall stuff or mount any bird or non-European
territory bird or act as a taxidermist or in any manner process for the
purposes of preservation, any bird or non-European territory bird for
commercial purposes without a valid membership with an organisation
representing taxidermists and without a taxidermist’s licence issued by
the Wild Birds Regulation Unit
Provided that any licenses referred to in this sub-regulation
shall be issued for a term not exceeding three (3) years against
payment of a fee stipulated in Schedule X
Provided further that the requirement of a taxidermist’s
licence shall not apply in the case of small scale taxidermy where
not more than thirty specimens are preserved in any given year
exclusively for personal use and not as a service provided on a
commercial basis.
(2) Without prejudice to the provisions of regulation 9, no
person shall mount or stuff or in any manner process for the
purpose of preservation or taxidermy
(a) any bird unless
(i) it is included in Schedule II; or
(ii) it was lawfully imported in accordance with
regulation 6(1)(a); or
(iii) it was taken in a Member State where it was
lawfully hunted or captured or otherwise
lawfully acquired under the terms of Directive
2009/147/EC of the European Parliament and of
the Council on the Conservation of Wild Birds
and under the legislation of that Member State;
or
(iv) it is captive bred and closed ringed;
(b) any Non-European territory bird unless
(i) it was lawfully imported in accordance with
regulation 6(1)(b); or
(ii) it is captive bred
Provided that such person shall retain in his possession, and
for such time as he remains in possession of the specimen, all
licences, permits, certificates and any other documents that prove
to the satisfaction of the Wild Birds Regulation Unit that such
specimen was not obtained in contravention of these regulations.
(3) Any person who keeps any bird or Non-European territory
bird to be stuffed or in any manner processed for the purpose of
preservation or taxidermy shall keep a register in which he shall
clearly indicate against the date of entry of every specimen, the
name of the owner of the specimen and his address and a legally
valid identification document number, and the species of the
specimen, which details are to be endorsed by the owner of the
specimen himself.
(4) Any bird or non-European territory bird that is found being
kept by any person to be stuffed or to be in any manner processed
for the purpose of preservation or taxidermy in contravention of
sub-regulation (3) shall be deemed to be the sole property of such
person.
(5) Without prejudice to the provisions of regulation 9, it shall
not be lawful for any person practicing taxidermy to possess any
stuffed birds of a species that is not included in Schedules II or III
or a Non-European territory bird unless such person retains in his
possession, and for such time as he remains in possession of the
sp e c i m e n , a l l l i c e n c e s, p e r m i t s , c er t i f i ca t e s a n d an y o t h e r
do cum en ts th at p ro ve t o th e sa ti sfa cti on o f t he Wil d Bi rd s
Regulation Unit that such specimen was not obtained in
contravention of these regulations, and unless
(a) it has been declared with the Environment and
Resources Authority or its predecessor by the 31st
May 2003 and such person has been given the permits,
or certificates of registration by the Wild Birds
Regulation Unit to keep such bird in accordance with
the provisions of this regulation; or
(b) it was lawfully imported; or
(c) it was taken in a Member State where it was lawfully
hunted or captured or otherwise lawfully acquired
under the terms of Directive 2009/147/EC of the
European Parliament and of the Council on the
Conservation of Wild Birds and under the legislation
of that Member State; or
(d) it is captive bred.
(6) Any person who had in his possession any stuffed bird or
Non-European territory bird that was declared by virtue of an
application to the Environment and Resources Authority or its
predecessor by the 31st May 2003 shall have his application
processed by the Wild Birds Regulation Unit, which may issue an
official certificate listing the stuffed specimens in the applicant’s
possession.
(7) The certificate shall only be issued after all the specimens
that are in the applicant’s possession have been taxonomically
identified and marked with an identification device by the Wild
Birds Regulation Unit or its predecessor. No action shall be taken
with respect to those specimens -
(a) that have been issued with a certificate;
(b) that are found, in the course of an inspection by the
Wild Birds Regulation Unit or its predecessor, to
taxonomically correspond to the specimens declared
by the holder to the Environment and Resources
Authority prior to 31st May 2003, notwithstanding that
such specimens may not have been tagged with an
identification device at the time of the inspection
Provided that any certificate issued for the purposes of this
regulation by the Director of the Environment Protection
Directorate within the Environment and Resources Authority, or his
successor in title, shall remain valid
Provided further that the certificate issued in accordance
with these regulations may be amended or revoked where it results
that it has been issued in error or that it contains an error or that it
is based on false information
Provided further that where it results that the applicant
provided false or misleading information, or made a false or
fraudulent declaration, the certificate shall be immediately revoked
and criminal proceedings shall be taken against the perpetrator in
of the Criminal Code.
(8) No person may falsify, modify, deface, destroy, dispose of,
remove or in any manner tamper with any identification device
made by the Wild Birds Regulation Unit or its predecessor, relating
to any stuffed bird or Non-European territory bird, for the purposes
of this regulation unless the removal of such identification device
has been ordered by the Wild Birds Regulation.
(9) No person may be in possession of any specimen which has
been afforded an identification device by the Wild Birds Regulation
Unit or its predecessor for the purposes of this regulation and
which identification device is false, modified, defaced, or in any
manner tampered with or which has been destroyed, disposed of, or
removed unless the removal of such identification device has been
ordered by the Wild Birds Regulation Unit.
(10) No person may transfer or otherwise dispose of any bird or
Non-European territory bird that was declared by virtue of an
application to the Environment and Resources Authority or its
predecessor by the 31st May 2003 unless authorised in writing by
the Wild Birds Regulation Unit
Provided that if an application to transfer was submitted to
t h e Wi l d B i r d s R e g u l a t i o n U ni t o r i t s p r e d e c e s s o r b y 3 0 t h
September 2020, and such application has not yet been processed,
no action shall be taken with respect to those specimens listed in
the pending application that were transferred without written
authorisation by the Wild Birds Regulation Unit or its predecessor
until the following verifications are carried out
(a)
each transferred specimen, as listed in the pending
application to transfer submitted by 30th September 2020,
taxonomically corresponds to the specimen declared to the
Malta Environment and Planning Authority or its predecessor
prior to 31st May 2003, by the transferor and such specimen
had not been disposed;
(b)
in the case of transfers of the same specimen from
one individual to another, that specimen is traced back to the
original holder or to its successor in title by virtue of an
authorisation in writing for transfer and such specimen had not
been disposed;
(c)
if a specimen was transferred by the original
holder, or by its successor in title by virtue of a written
authorised transfer, to two (2) or more individuals, only the first
request for transfer of that specimen as submitted to the Wild
Birds Regulation Unit or its predecessor by 30th September
2020, shall be considered as valid
Provided further that after the verifications referred to in
this sub-regulation are carried out, written authorisation to transfer
shall be issued, after all cross-verified specimens have been
taxonomically identified and marked with an identification device by
the Wild Birds Regulation Unit
Provided further that without prejudice to the provisions
of this sub-regulation, the transfer of any bird or Non-European
territory bird which has been declared with the Environment and
Resources Authority or its predecessor by the 31st May 2003, which
has been taxonomically identified and marked with an identification
device by the Wild Birds Regulation Unit or its predecessor, may be
carried out following the submission of a transfer notification form
issued for this purpose by the Wild Birds Regulation Unit
Provided further that following submission of the
transfer notification form of the specimen that has been taxonomically
identified and marked with an identification device by the Wild Birds
Regulation Unit or its predecessor, the Wild Birds Regulation Unit,
after having made all the necessary verifications, shall issue a
certificate in accordance with the provisions of sub-regulations (6) and
(7)
Provided further that notwithstanding the provisions of this
sub-regulation, legal action shall still be taken against individuals
found in possession of specimens obtained by transfer, where it is
evident that such specimens were obtained in violation of these
regulations.
(11) Any person who has been issued with an identification
device in relation to any bird or Non-European territory bird
certified by the Wild Birds Regulation Unit or its predecessor for
the purposes of this regulation or such person’s successor in title
shall return such identification device as directed by the Wild Birds
Regulation Unit prior to the issuance of a disposal permit.
No person shall sell, offer for sale, carry, be in possession
of, hunt or use, import or manufacture any cartridge loaded with
lead shots of any size greater than 3.3mm in diameter
Provided that the provisions of this regulation shall not
apply to persons who are licensed by the Commissioner to sell,
offer for sale, carry, be in possession of, use, import or manufacture
any cartridge loaded with lead shots of any size greater than 3.3mm
in diameter for purposes other than hunting.
(1) Notwithstanding the provisions of regulation 4(1)(a)
and 4(1)(e), scientific bird-ringers may capture any bird for the
purposes of scientific bird ringing and/or geo-tagging
Provided that without prejudice to any research Framework
Regulations, a person who is not licensed as a bird-ringer in
accordance with regulation 23(2)(a), may capture certain birds for
the purpose of geo-tagging, followed by their immediate release
back into the wild, insofar as that person satisfies the following
requirements
(a) the submission of an application to the Wild Birds
Regulation Unit, not later than two (2) months prior to
the commencement of the geo-tagging activity, which
application must be accompanied by the following
information
(i)
a detailed explanation of the objectives of the
proposed research and the reasons thereof;
(ii) the alternatives considered;
(iii) the proposed quantity per species to be captured
for the purpose of geo-tagging;
(iv) the proposed methodology;
(v) the location of the sites where geo-tagging is
proposed to be carried out in the format
prescribed in paragraph (c) of sub-regulation
(3);
(vi) details of the persons who will be entrusted with
handling birds and the management of the geo-
tags’ software, including data collection and
analysis;
(vii) the proposed research dates for geo-tagging;
(viii) the proposed duration of the data collection and
analysis; and
(ix) the date when the report on the outcome of the
research is expected to be submitted to the Wild
Birds Regulation Unit;
(b) the submission, together with the application referred
to in paragraph (a), of a signed declaration, either
(i)
by the applicant, confirming that he has proven
experience in bird-handling and affixing geo-
tags on avian species, including knowledge of
the geo-tags’ software, data collection,
management and analysis if the data will also be
managed by the same applicant, supported by a
biography that lists his previous ornithological
research conducted by means of geo-tagging,
including the research period, outcome of the
research and a link to each publication in peer-
reviewed scientific journals; or
(ii)
by the applicant’s trainer, who has proven
experience in bird-handling and affixing geo-
tags on avian species, as supported by the
trainer’s biography, which shall be submitted
together with the declaration and shall contain
all the information specified in sub-paragraph
(i), confirming that he has trained the applicant
who is knowledgeable about all aspects related
to geo-tagging, including affixing of geo-tags on
the target avian species proposed in the
application referred to in paragraph (a) and, if
the data will also be managed by the same
applicant, a confirmation that he is conversant
with the geo-tags’ software, including data
collection, management and analysis;
(c) the inclusion, in the proposed methodology as referred
to in paragraph (a) of sub-regulation (1), of a bird-
ringing component as provided for in sub-regulation
(2), for all species not listed in Schedule II
Provided that if the geo-tagging activity involves
species listed in Schedule II, the proposed methodology should
preferably also include a bird-ringing component as provided
for in sub-regulation (2);
(d) the recommendations and conditions of the Ornis
Committee, in accordance with regulation 10(6); and
(e) the conditions specified in the licence issued for the
purpose of geo-tagging by the Wild Birds Regulation
Unit, including reporting obligations and the
submission of a detailed report on the outcome of the
geo-tagging activity to the Wild Birds Regulation
Unit
Provided that the Wild Birds Regulation Unit shall
present the report as referred to in paragraph (e) to the Ornis
Committee in terms of the proviso to regulation 10(6)(c)
Provided further that in the event that the
applicant fails to submit the report as referred to in paragraph
(e) within the deadline stipulated by the Wild Birds Regulation
Unit in the licence conditions, the applicant shall be rendered
ineligible to apply for any other research permit or renewal.
(2) Scientific bird-ringers may only capture birds subject to the
following conditions
(a) no person shall act as a scientific bird-ringer without a
licence from the Wild Birds Regulation Unit issued to
him in accordance with the provisions of these
regulations;
(b) no person other than a licensed scientific bird-ringer
shall capture any bird for the purpose of scientific bird
ringing;
(c) scientific bird-ringers shall not capture any bird from
the wild for any purpose whatsoever other than for the
CONSERVATION OF WILD BIRDS
purpose of research;
(d) a scientific bird-ringer shall only use rings approved
for this purpose by a bird ringing scheme;
(e) a scientific bird-ringer may capture any bird for
research purposes at any time throughout the year and
inside any site
Provided that the sites where bird ringing and geo-tagging
will be practiced shall be pre-notified to the Wild Birds Regulation
Unit in accordance with regulation 23(3)(c);
(f)
without prejudice to regulation 9 and notwithstanding the
provisions of regulation 7(1)(d), (e) and (f), a scientific
bird-ringer who captures a bird exclusively for scientific
bird ringing purposes may, for this purpose, also use pre-
recorded bird calls, nets, and live-decoys of specimens
pertaining to the targeted species, including their mules
and hybrids;
(g) a scientific bird-ringer shall immediately release birds
caught into the wild after performing the necessary
measurements and attachment of rings and/or geo-tags,
or after reading of the necessary information from the
previously fitted rings and/or geo-tags in the event of
recapture of bird specimens previously ringed or fitted
with a geo-tag;
(h) scientific bird-ringers who are also in possession of a
hunting licence shall not engage in scientific bird
ringing activities at the same time as practicing
hunting;
(i)
before the scientific bird-ringer leaves the bird ringing
and, or geo-tagging site, all nets, including mist-nets,
shall either be removed, furled or completely covered in
such a way that no bird or other fauna can get caught.
(3) In order to be eligible for the licence mentioned in sub-
regulation 23(2)(a) an applicant shall, by the date of application
(a) have obtained a training certificate, which is granted after
the applicant has successfully completed the necessary
training and gained field experience with a qualified
trainer who is part of a bird ringing scheme;
(b) have the approval for a licence from a bird ringing
scheme; and
(c) submit A4 site plans to the Wild Birds Regulation Unit
showing the precise boundary of the sites delineated in
red ink where scientific bird ringing and geo-tagging is
intended to be carried out.
(4) The bird ringing scheme shall, on an annual basis and by
not later than 1st February of each year, submit to the Wild Birds
Regulation Unit a written report on bird ringing and geo-tagging
activities performed during the previous calendar year, as follows
(a) the number of birds per species fitted with a scientific
ring and/or geo-tag during the reporting year; and
(b) any other information on bird ringing and geo-tagging
activities as may be required by the Wild Birds
Regulation Unit.
Except as provided for in regulation 23, no person
(a) shall hunt, injure, take or try to hunt, injure or take any
bird in a bird sanctuary;
(b) shall, at any time and by any means whatsoever, have
in his possession or under his control any bird, dead or
alive, or part of a bird, in a bird sanctuary;
(c) shall have in his possession or under his control, any
fire-arm, ammunition, decoys, net or any other means
to hunt, or take any bird in a bird sanctuary
Provided that the foregoing shall not apply to any person
licensed to hunt or to take in accordance with the provisions of
these regulations, who, while on a moving vehicle, is carrying a
fire-arm which is unloaded and without any cartridges in the
magazine, and inside its case, or who has nets for taking birds
while passing through the main roads of a bird sanctuary
Provided further that the Minister may, in accordance with
the provisions of regulation 9(1)(b), by notice in the Gazette,
authorize a derogation from the provisions of this regulation in
respect to items (8) and (9) of Schedule V, in the interests of air
safety. In cases of urgency, the Minister may act without the
r e c o m m e n da t io n o f t h e O r n is Co m m i t te e i n te r m s o f t h e s e
regulations.
The Wild Birds Regulation Unit may order the owner, tenant
or other person who is making use of, or is in possession of land on
which any hide or other hiding place intended to be used for
shooting or taking of birds has been constructed or built, to
demolish, within such time as the Wild Birds Regulation Unit may
determine, any such hide or other hiding place if it has been so
constructed or built in a bird sanctuary, or within the limits
indicated in regulation 18(2)(a).
Nothing in these regulations is intended to affect clay-
pigeon shooting organized by shooting clubs registered with the
Commissioner and held according to a licence and conditions laid
down by the Commissioner, provided that all participants are in
possession of a licence to carry a fire-arm.
PART II
CONSERVATION OF WILD BIRDS
(1) Any person -
(a) who fails to comply with any provision of these
regulations or with any order lawfully given in terms
of any provision of these regulations; or
(b) who contravenes any restriction, prohibition or
requirement imposed by or under these regulations; or
(c) who acts in contravention of any provision of these
regulations; or
(d) who conspires or attempts, or aids, abets, counsels or
procures any other person to contravene the provisions
of these regulations or to fail to comply with any such
provisions (including any order lawfully given in
terms of any provision of these regulations) or to
contravene any restriction, prohibition or requirement
imposed by or under these regulations,
shall be guilty of an offence against these regulations.
(2) Any person who commits an offence against regulations 4, 6,
18, 19, 21, 23 and 24 shall be liable
(a) on a first conviction to a fine (multa) of not less than
five hundred euro (€500) but not exceeding five thousand
euro (€5,000) and the confiscation of the corpus delicti.
The Court shall also order the suspension of the relevant
licence or permit, issued under these regulations and
under Part XV of the Code of Police Laws, for a period
of not less than two years but not exceeding five years;
(b) on a second or subsequent conviction, to a fine (multa)
of not less than one thousand euro (€1,000) but not
exceeding ten thousand euro (€10,000) or to
imprisonment for a term of not less than six months
but not exceeding two years, or to both such fine and
imprisonment and also the confiscation of the corpus
delicti.
The Court shall also order the permanent revocation of
the relevant licence or permit, issued under these
regulations and under Part XV of the Code of Police
Laws
Provided that the Court may, in its discretion, impose a
Community Service Order on the offender in terms of the Probation
Provided further that any person who commits an offence
against any other regulation not mentioned in this sub-regulation,
which offence involves any bird included in Schedule I or in
Schedule IX, or hunts or attempts to hunt, takes or attempts to take
birds in the beaches listed in Schedule VII, shall be liable to a
punishment according the provisions of this sub-regulation
Provided further that notwithstanding the provisions of this
sub-regulation, any person who hunts or attempts to hunt or takes
or attempt to take any of the birds included in Schedule I or in
Schedule IX, but not included in Schedule II, shall be liable
(a) on a first conviction to a fine (multa) of five thousand
euro (€5,000) or to imprisonment for one year, or to
both such fine and imprisonment and to the permanent
revocation of the relevant licence or permit, issued under
these regulations and under Part XV of the Code of
Police Laws, and the confiscation of the corpus delicti;
(b) on a second or subsequent conviction to a fine (multa)
of ten thousand euro (€10,000) or to imprisonment for
two years, or to both such fine and imprisonment and
the confiscation of the corpus delicti. This provision
shall also apply to persons who were previously
convicted of an offence involving hunting or taking, or
attempting to hunt and or take any birds listed in
Schedule I or Schedule IX, but not included in
Schedule II, prior to the entry into force of this
paragraph; and, in the case of such prior conviction
where the relevant permit or licence was previously not
revoked, the Court shall order the permanent revocation
of the relevant permit or licence issued under these
regulations and under Part XV of the Code of Police
Laws upon the second conviction
Provided further that without prejudice to the
provisions of this sub-regulation, in determining the
gravity of the offence, the Court may consider,
amongst others, the following factors
(a) the impact that the offence has on the conservation
status of the affected species;
(b) the legal or administrative protection status of the area
where the offence took place;
(c) the possible damage to the ecological balance or to the
habitat as a consequence of the offence;
(d) the impact of the offence on the general public by
nature of the time, place, species affected or any other
similar consideration inherent to the nature of the
offence;
(e) intrinsic value of wildlife;
(f)
the socio-economic benefits of wildlife;
(g) public interest; and
(h) potential quantum of the illegal gain.
(3) Any person who commits an offence against any other
regulation not mentioned in sub-regulation (2) and its proviso
respectively, shall be liable
(a) on a first conviction to a fine (multa) of not less than
five hundred euro (€500) but not exceeding two thousand
and five hundred euro (€2,500), and the confiscation of
the corpus delicti;
(b) on a second or subsequent conviction, to a fine (multa)
of not less than one thousand euro (€1,000) but not
exceeding five thousand euro (€5000) or to
imprisonment for a term not exceeding two years, or to
both such fine and imprisonment as well as the
confiscation of the corpus delicti
Provided that the Court may, in its discretion, impose a
Community Service Order on the offender in terms of the Probation
Act
Provided further that the Court shall also order the suspension
of the relevant licence or permit issued under these regulations and
Part XV of the Code of Police Laws for a period of not less than two
years but not exceeding five years
Provided further that, without prejudice to the provisions of
the third proviso of sub-regulation (2), any person who hunts or
attempts to hunt or takes or attempts to take birds without a valid
licence shall be liable to the punishments contemplated under sub-
regulation (2)(b) and the Courts shall also order that the convicted
person shall be disqualified from obtaining the relevant licence or
permit under these regulations and under Part XV of the Code of
Police Laws for life and where such licence has been permanently
revoked in terms of sub-regulation (2)(b) or the Court has already
ordered the disqualification from obtaining the relevant licence or
permit for life, such person shall, upon conviction, be liable to a fine
(multa) of not less that seven thousand euro (€7,000) but not exceeding
fifteen thousand euro (€15,000) and to imprisonment for a term of not
less than one year but not exceeding two years.
(4) Notwithstanding the provisions of article 370 of the
Criminal Code, proceedings for an offence against these
regulations shall be taken before the Court of Magistrates (Malta)
or the Court of Magistrates (Gozo), as the case may be, and shall be
in accordance with the provisions of the Criminal Code regulating
the procedure before the said courts of criminal judicature.
(5) Notwithstanding the provisions of the Criminal Code, the
Attorney General shall always have a right of appeal to the Court of
Criminal Appeal from any judgement given by the Court of
Magistrates (Malta) or the Court of Magistrates (Gozo) in respect
of proceedings for any offence against these regulations.
(1)Notwithstanding anything contained in these regulations
for the trial and punishments of offences and subject to the
provisions of this regulation and of Schedule VIII, where the Wild
Birds Regulation Unit and, or, the Executive Police believe that a
person has committed an offence against these regulations as found
in Schedule VIII, the Executive Police shall confiscate the corpus
delicti as specified in Schedule VIII and shall inform the Wild
Birds Regulation Unit which shall, within thirty (30) days from
such information, give notice in writing to such person describing
the offence of which the person is accused, including the penalty
points for each offence in terms of Schedule VIII, the steps to be
taken to remedy the offence and the administrative penalty which
he is required to pay in respect of that offence
Provided that this regulation shall be without prejudice to
the powers granted to the Executive Police under the Criminal
Code
Provided further that any person served with the notice who
feels aggrieved by a decision of the Wild Birds Regulation Unit
under this sub-regulation, may appeal to the Administrative Review
Tribunal established under the Administrative Justice Act for a
revocation or modification of such administrative penalty, and the
return of the corpus delicti confiscated in terms of this regulation.
(2) If at any time during a two (2) year period a person
accumulates in aggregate twelve (12) penalty points or more as
specified in Schedule VIII, the offence or offences committed shall
be punishable in terms of sub-regulation 11(9) and the immediate
confiscation of the corpus delicti as specified in Schedule VIII
Provided that the accumulated points shall revert back to
zero and the two (2) year period shall be reset if the licensee does
not commit other offences listed in Schedule VIII within two (2)
years from the date of last offence
Provided further that in all cases, following reversion to
zero points and resetting of the two (2) year period, the licensee
shall remain subject to accumulation of penalty points for offences
listed in Schedule VIII
Provided further that, should the licensee appeal to the
Administrative Review Tribunal and until the Tribunal decides
whether or not to revoke or modify the administrative penalty, the
two (2) year period shall continue to apply and the penalty points
related to the offence in question shall remain valid and shall be
added to any penalty points that the accused may have subsequently
accumulated, and shall only be deducted from his total if he is
acquitted of the charges brought against him.
(3) Where a notice under this regulation has been given, the
person named in the notice may, within twenty-one (21) days of the
service of the notice, accept responsibility for the offence specified
in the notice and within the same period, remedy the offence and
pay the penalty indicated in the notice
Provided that where the person to whom notice is given
under sub-regulation (1) does not accept or, having accepted such
responsibility, fails to remedy the offence within the time aforesaid,
ordinary criminal proceedings shall be taken against him in
accordance with regulation 27. The two (2) year period shall
continue to apply and the penalty points relating to the offence in
question shall remain valid and shall be added to any penalty points
that the accused may have accumulated, and shall only be deducted
from his total if he is acquitted of the charges brought against him.
(4) The provisions of this regulation shall not apply in any case
where the offence listed in Schedule VIII is accompanied by any
offence which is not listed in the same Schedule including where
the offence is committed in conjunction with any other offence
under these regulations, with the exception of the administrative
offences listed in Schedule VIII, and in such circumstances the
provisions of regulation 27 shall automatically apply.
(5) Where a person holding a special licence issued in terms of
the relevant Framework Regulations has committed an offence in
terms of this regulation during the period of a derogation, the
special licence obtained shall not be suspended
Provided that when such person accumulates the twelve
(12) penalty points, in terms of the provisions of sub-regulation (2),
during the period of a derogation or is charged or accused under
regulation 27 in lieu of this regulation, such special licence shall be
automatically revoked.
PART III
Where any person or body responsible for the performance
of these regulations fails to perform any tasks or functions as are
assigned to it under these regulations within the prescribed time
period, if any, the Minister may proceed to take action as he may
deem expedient, without prejudice to the possibility of making any
charges upon the performance by such person or body of the tasks
or functions assigned to it.
The definition of "close season" and the provisions
regulating the wild rabbit in the Protection of Birds and Wild
Rabbit Regulations (revoked by these regulations) are hereby
saved
Provided that, with the exception of regulation 2B(6), (7)
and (8) of the Protection of Birds and Wild Rabbit Regulations,
where in any provision regulating the wild rabbit in the Protection
of Birds and Wild Rabbit Regulations, there is a reference to the
Ornis Committee, any such reference shall be construed as a
reference to the Wild Birds Regulation Unit
Provided also that notwithstanding its repeal -
(a) anything that has lawfully been done by virtue of the
Protection of Birds and Wild Rabbit Regulations shall
remain in force, except insofar as it is inconsistent
with any of the provisions of these regulations;
(b) any liability to any penalty under any of the provisions
of the Protection of Birds and Wild Rabbit Regulations
shall continue to subsist notwithstanding the repeal of
the said regulations.
The provisions and conditions laid down in these
regulations shall not exempt any person from the requirement of
obtaining
(a) an Autumn live-capturing licence for the capturing of
relevant species during a potential Autumn live-
capturing season; and, or
(b) a Spring Hunting Licence for the hunting of the
relevant species during a potential spring hunting
season;
(c) any other license as may be required under these
regulations.
(1) The Minister shall set up a fund, hereinafter referred to
as the Conservation of Wild Birds Fund.
(2) The Conservation of Wild Birds Fund shall be used to
finance activities, projects, programmes and schemes related to the
implementation of the aims and objectives of these regulations,
including activities organised by non-governmental organizations.
(3) The Conservation of Wild Birds Fund shall be administered
by the Wild Birds Regulation Unit.
(4) There shall be paid into the Conservation of Wild Birds
Fund
(a) any sums appropriated by Parliament for the purpose;
(b) any donations or grants made to the Conservation of
Wild Birds Fund by individuals or institutions;
(c) sums received by the Wild Birds Regulation Unit for
the purpose of being placed in the Conservation of
Wild Birds Fund;
(d) such other sums or monies as may from time to time be
provided by, or collected under this or any other law or
regulations.
(5) The Conservation of Wild Birds Fund shall keep a proper
account of i ts revenu e and expen dit ure and the Wi ld Birds
Regulation Unit shall, every financial year, deliver to the Minister a
copy of its balance sheet together with a report of its activities
during the previous financial year.
(6) The revenue of the Conservation of Wild Birds Fund shall
not be subject to tax under the Income Tax Act and the Conservation
of Wild Birds Fund shall not be liable to tax under the Duty on
Documents and Transfers Act.
(7) The Wild Birds Regulation Unit may make proposals, for
endorsement by the Minister, concerning the procedures to be
followed in the functioning of the Conservation of Wild Birds
Fund.