FRAMEWORK FOR ALLOWING A DEROGATION OPENING A SPRING HUNTING SEASON FOR TURTLEDOVE AND QUAIL REGULATIONS

FOR TURTLEDOVE AND QUAIL

SUBSIDIARY LEGISLATION 549.57

FRAMEWORK FOR ALLOWING A DEROGATION

OPENING A SPRING HUNTING SEASON FOR

TURTLEDOVE AND QUAIL REGULATIONS

9th April, 2010

LEGAL NOTICE 221 of 2010, as amended by Legal Notices 83 and 113

of 2011, 122 of 2013, 86 of 2014 and 90 of 2016, 82 of 2017 and 139 of

2020.

The title of these regulations is the Framework for

Allowing a Derogation Opening a Spring Hunting Season for Turtle

Dove and Quail Regulations.

Terms and expressions used in these regulations, unless the

context otherwise requires, shall have the same meaning as given to

them in the Conservation of Wild Birds Regulations, hereinafter

referred to as "the Wild Birds Regulations".

For the purposes of the second proviso to regulation 10(6)

of the Wild Birds Regulations and for the purposes of these

regulations, the period for the hunting of turtledove and quail,

hereinafter in these regulations referred to as "the spring hunting

season", shall be a maximum of three weeks which may commence in

March or in April of the year for which the Minister may decide to

open the spring hunting season by means of a notice in the Gazette

Provided that the Minister shall not open the spring hunting

season when the hunting for the two species concerned during the

previous autumn hunting season may be considered as having

constituted a satisfactory solution in terms of Article 9(1) of Directive

2009/147/EC of the European Parliament and of the Council

of 30 November 2009 on the conservation of wild birds, and taking

into consideration the thresholds established in Annex I

Provided further that, when establishing the duration of any

Spring Hunting Season, the Minister shall also take into consideration

the size of the bag limit to be allowed for that particular spring hunting

derogation, and may also decide on whether he shall establish the daily

bag limit for each licence and the seasonal bag limit for each licence to

be allowed for that particular Spring hunting season.

(1) The hunting of turtledove and quail during the spring

hunting season shall be prohibited except by virtue of a Spring

Hunting Licence issued in accordance with these regulations.

(2) For an applicant to be eligible for a Spring Hunting

Licence, that applicant must be in possession of a valid general

licence to hunt birds on land.

(3) The application for the Spring Hunting Licence shall be

submitted within the period specified for this purpose by the Wild

Birds Regulation Unit.

FOR TURTLEDOVE AND QUAIL

Every Spring Hunting Licence shall

(a) set the overall bag limit for the spring hunting season

for quail and for turtledoves as the total number of

birds which may be hunted under the authority of all

issued licences taken together. The total number of

quail and turtledoves which may be hunted during the

spring hunting season of a particular year shall be set

by the Minister by notice in the Gazette, using as a

basis the figures contained in Annex I to these

regulations and taking into consideration the

conservation status of the two species concerned and the

maintenance of the population of the species at a

satisfactory level;

(b) set the daily bag limit of birds and the total spring

hunting season bag limit per licence , provided only if

such bag limits have been established by the Minister in

accordance with regulation 3;

(c) require the licensee to carry on his person the Spring

Hunting Licence while in search or in pursuit of birds;

(d) require the licensee, as soon as a bird is shot, to inform

the Wild Birds Regulation Unit of such catch through

the telephone reporting system;

(e) indicate the dates of the spring hunting season;

(f)

provide that the hunting of birds other than quail and

turtledoves shall be prohibited;

(g) reproduce the prohibitions provided for in regulations

4 and 18 of the Wild Birds Regulations without

prejudice to any other prohibition laid down in the

same regulations;

(h) provide that hunting can only take place from two

hours before sunrise to twelve o’clock (noon) during

weekdays, on Saturdays and Sundays and Public

Holidays;

(i)

provide that the licence shall be suspended forthwith if

the licensee is charged with an offence under

regulation 27 of the Wild Birds Regulations;

(j)

provide that the licence and any other hunting licence

or permit of the licensee shall be revoked and be

without any effect upon the licensee being convicted

of an offence against regulation 27 of the Wild Birds

Regulations;

(k) provide that the validity of the licence shall lapse and the

licence shall be considered as revoked as soon as the

Minister, by means of a press release, declares that the

overall bag limit for the season has been reached. All

persons in possession of a Spring Hunting Licence shall

also be immediately informed of such lapse and

revocation of their licence by means of a text messaging

service (SMS) to the number indicated by that person in

FOR TURTLEDOVE AND QUAIL

the application for the spring hunting licence;

(l)

provide that if the overall bag limit for the season for one

species, hereinafter in this paragraph referred to as "the

relevant species", has been reached before that for the

other species the validity of the licence shall lapse and

the licence shall be considered as revoked in respect of

the relevant species as soon as the Minister by means of a

press release declares that the overall bag limit for the

relevant species has been reached. All persons in

possession of a Spring Hunting Licence shall also be

immediately informed of such lapse and revocation of

that part of their licence by means of a text messaging

service (SMS) to the number indicated by that person in

the application for the Spring Hunting Licence.

(1) For the time when a spring hunting season is open, the

Police shall carry out on-the-spot checks to ensure that all the

conditions of the licence and the provisions of the relevant

regulations are being observed and in particular shall

(a) verify that the general licence to hunt birds on land is

in accordance with regulations;

(b) ensure that hunters are in possession of their Spring

hunting licence while in search or in pursuit of birds

during the season;

(c) ensure that bag limits and time restrictions according

to these regulations and the conditions of the licence

are complied with;

(d) ensure that hunting is being carried out only on

turtledoves and quail.

(2) Should any police officer in the course of a spot check in

a c c o r d a n c e w i t h t h i s r e g u l a t i o n f i n d s u ff i c i e n t c a u s e f o r

proceedings to be taken against any person under these regulations,

or other relevant regulations, that officer shall forthwith seize from

the possession of that person any firearm and ammunition and any

other weapon for hunting, the general licence to hunt birds on land,

the Spring hunting licence and any other hunting licence or permit,

and any bird found in the possession of that person in violation of

these regulations or other applicable regulations or in violation of

the conditions of any licence or permit.

(3) In pursuance of their duties under subregulation (1) the Police

may be assisted by hunting marshals appointed for this purpose by the

Wild Birds Regulation Unit. The hunting marshals so appointed shall

have the same duties and powers vested in the Police by subregulation

(1). For every one thousand (1,000) hunters in possession of a Spring

Hunting Licence, a minimum of seven (7) police officers and, or,

hunting marshals shall be on duty during all hours for which a spring

hunting season is open. Outside these hours at least two (2) police

officers and, or, hunting marshals shall be on duty during the hours of

daylight.

(4)

The Police, assisted by hunting marshals as may be necessary,

FOR TURTLEDOVE AND QUAIL

shall continue to carry out on-the-spot checks until at least four weeks

following the start of a spring hunting season, in order to prevent

illegal hunting. Following the closure of a spring hunting season, for

every one thousand (1,000) Spring Hunting Licence issued that year, a

minimum of three (3) police officers and, or, hunting marshals shall be

on duty during the hours of daylight.

The provisions and conditions laid down in these

r e g u l a t i o n s s h a l l b e w i t h o u t p r e j u d i c e t o t h e Wi l d B i r d s

Regulations to the extent that the latter are not inconsistent with

these regulations in which case, and to the extent of the

inconsistency, these regulations shall prevail.

FOR TURTLEDOVE AND QUAIL

ANNEX 1

Substituted by

L.N. 113 of 2011.

The Minister shall, in any case, not open a spring hunting season for turtledove or

quail respectively, when the number of birds hunted in the previous autumn season

reaches 20,000 in the case of quail or 21,000 in the case of turtledove, considering

each species separately.

When setting the total number of quail and turtledoves which may be hunted

during the spring hunting season of a particular year the Minister shall set the total

bag limit at not more than 1% of the total annual mortality rate of each of the species

respectively

Provided that the maximum bag limit for a spring hunting derogation shall, in any

case, not exceed the following numbers

5,000 quails

and

11,000 turtledoves

The above two maximum numbers shall be amended by the Minister, by notice in

the Gazette, in order to revise and update them by taking into consideration the

conservation status of the two species concerned and the maintenance of the

population of the species at a satisfactory level

Provided also that the Minister shall also take into consideration the number of

birds hunted during the previous autumn hunting season, in such a way that the

maximum bag limit for a spring hunting derogation may be fully allowed in cases

when the number of quails or turtle doves hunted in the previous autumn season does

not exceed 10,000 for each species respectively

Provided further that the maximum bag limit for a spring hunting derogation

should be reduced by inverse proportion to the number of birds hunted in excess of

10,000 for each species in the previous autumn season.