CONSERVATION OF WILD BIRDS (FRAMEWORK FOR ALLOWING A DEROGATION OPENING AN AUTUMN LIVE-CAPTURING SEASON FOR SONG

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

SUBSIDIARY LEGISLATION 549.74

CONSERVATION OF WILD BIRDS (FRAMEWORK

FOR ALLOWING A DEROGATION OPENING AN

AUTUMN LIVE-CAPTURING SEASON FOR SONG

THRUSH AND GOLDEN PLOVER) REGULATIONS

25th September, 2012

LEGAL NOTICE 303 of 2012, as amended by Legal Notices 279 of 2013,

254 and 289 of 2014, 320 of 2016, 333 of 2018, 269 of 2019 and 258 of

2022.

(1) The title of these regulations is the Conservation of

Wild Birds (Framework for Allowing a Derogation Opening an

Autumn Live-Capturing Season for Song Thrush and Golden

Plover) Regulations.

(2) The purpose of these regulations is to establish a framework

for allowing a derogation for opening an Autumn live-capturing

season for Song Thrush and Golden Plover in terms of regulation

9(1)(f) of the Conservation of Wild Birds Regulations, hereinafter

referred to as "the Wild Birds Regulations".

Amended by

L.N. 254 of 2014;

L.N. 333 of 2018.

When setting the total number of Song Thrush and Golden Plover which may be

live-captured during the Autumn live-capturing 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 an Autumn live-capturing derogation

shall, in any case, not exceed the following numbers

5,000 Song Thrush; and

700 Golden Plover.

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.

(1) Terms and expressions used in these regulations, unless

the context otherwise requires, shall have the same meaning as

given to them in the Wild Birds Regulations.

(2) Without prejudice to the provisions of sub-regulation (1), in

these regulations, unless the context otherwise requires

"Autumn live-capturing season" means the period in which the

live-capturing of birds of the relevant species is permitted during

an autumn season which may be established in terms of regulation

4;

"Autumn live-capturing licence" means a licence issued in

accordance with regulation 5 and shall, for the purposes of the Wild

Bird Regulations, have the same meaning as the term "licence";

"licensee" means a natural person aged 18 years or over who is in

possession of a valid Autumn live-capturing licence issued under

these regulations;

"live-capturing" has the same meaning as the terms "to take" and

"taking" in terms of the Wild Birds 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 in terms of regulation 5(4) and registered with the

Commissioner of Police, which contains only one (1) live-capturing

station per licensee;

"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

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

not larger than 60 square metres, 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;

"live-decoy" or "live-decoys" means any specimen from the

relevant species used by the live-capturer as call birds (għajat) and

those held by cotton string and swivel (taħrik);

"protected area" has the same meaning as that assigned to it in the

Wild Birds Regulations;

"relevant species" means birds belonging to the species Song

Thrush and Golden Plover.

Added by

L.N. 333 of 2018.

Subdivision of Malta and Gozo into regions for

systematic spot checks

(1) The relevant species may only be captured by

traditional nets known as clap-nets exclusively for the purpose of

keeping them in captivity and as live-decoys in accordance with the

provisions of these regulations

Provided that the clap-nets referred to in this sub-regulation

shall consist 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, and the largest size of each such net shall not in

any case exceed 60 square metres.

(2) Where a licensee is in possession of a live-capturing special

licence issued in terms of these regulations, such licensee shall not

use any nets with a mesh size that is less than 35mm x 35mm

exclusively for live-capturing of Song Thrush and less than 45mm

x 45mm exclusively for live-capturing of Golden Plover

Provided that when the licensee is live-capturing Song

Thrush only or both Song Thrush and Golden Plover from the same

clap-net pair, the mesh size shall not be less than 35mm x 35mm

and the total footprint of each net shall not exceed 38 square

metres

Provided further that as soon as the overall (national) bag limit

of either the Golden Plover or Song Thrush has been reached, the

licensee shall ensure that he only makes use of nets with maximum

area and minimum mesh size associated with the other species for

which the season is still open.

(3)

All specimens from the relevant species caught during the

live-capturing season shall be fitted with a single-use ring as specified

by the Wild Birds Regulation Unit and in the special live-capturing

licence

Provided that in the event that the licence holder fails to

comply with any written instruction that he may receive from the Wild

Birds Regulation Unit for such purpose, he will be rendered ineligible

to apply for a live-capturing special licence the following year.

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

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

of the Wild Birds Regulations and for the purposes of these

regulations, the period for an Autumn live-capturing season for the

relevant species shall be a maximum of seventy-three (73) days for

Song Thrush and seventy-one (71) days for Golden Plover for which

the Minister may decide to open an Autumn live-capturing season

by means of a notice in the Gazette

Provided that when opening an Autumn live-capturing

season, the Minister shall determine that there is no 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 take into consideration the

thresholds established in the First Schedule

Provided further that, when establishing the duration of any

Autumn live-capturing season, the Minister shall establish the overall

seasonal bag limit for each of the relevant species, and may also decide

on whether to establish the individual daily bag limit for each licence

and the individual seasonal bag limit for each licence to be allowed for

that particular Autumn live-capturing derogation.

(1) The capturing of the relevant species during an Autumn

live-capturing season shall be prohibited except by virtue of an

Autumn live-capturing licence issued by the Wild Birds Regulation

Unit in accordance with these regulations.

(2) Autumn live-capturing licences issued under these

regulations shall be against the payment of a fee as established by

the Wild Birds Regulation Unit.

(3) No Autumn live-capturing licence for the relevant species

shall be issued in favour of any person under these regulations,

unless such person is in possession of a valid general licence to

take birds in terms of the Wild Birds Regulations, and the site

showing the individually-marked live-capturing station from where the

live-capturing will be exercised by the licensee has been approved by

the Wild Birds Regulation Unit and registered with the Commissioner

of Police.

(4) The Wild Birds Regulation Unit shall only approve a site

from where the live-capturing will be exercised if the following

criteria are met

(a) the live-capturing station shall not be located in a

protected area;

(b) only one (1) live-capturing station may be registered on

the licence holder and such station shall not contain more

than two (2) pairs of clap-nets, provided that if the

registered live-capturing station consists of one (1) clap-

net pair, the addition of a second clap-net pair is

prohibited.

(5) An application for an Autumn live-capturing licence for the

relevant species shall be submitted within the period specified for

this purpose by the Wild Birds Regulation Unit.

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

(1) An Autumn live-capturing licence shall be valid only

for the period in which the capturing of the relevant species is

permitted during an Autumn live-capturing season.

(2) Without prejudice to the provisions of sub-regulation (1),

an Autumn live-capturing licence shall

(a) be suspended forthwith where the licensee is accused

of an offence under regulation 27 of the Wild Birds

Regulations;

(b) be revoked where the licensee is found guilty of an

offence against regulation 27 of the Wild Birds

Regulations; and

(c) lapse and be considered revoked as soon as the

Minister declares that the overall seasonal bag limits

for an Autumn live-capturing season for the relevant

species have been reached. All licensees shall be

informed immediately of such lapse and revocation of

the Autumn live-capturing licence by means of a text

message service (SMS) to the number indicated by that

person in the application for an Autumn live-capturing

licence

Provided that where the overall bag limit for one species of

either of the relevant species has been reached, the Autumn live-

capturing licence shall lapse and be considered revoked only in

respect of the capturing of such species as soon as the Minister

declares that the overall seasonal bag limit for the Autumn live-

capturing season for such species has been reached and shall

remain unaffected with regard to the other species. All licensees

shall also be informed immediately of such partial lapse and

revocation of the licence by means of a text message service (SMS)

to the number indicated by that person in the application for an

Autumn live-capturing licence for the relevant species

Provided further that the licensee shall, immediately upon

receipt of the text message service (SMS) declaring the partial

lapse, remove from the live-capturing station all decoys pertaining

to that particular species and shall not utilise any decoys of that

species for the rest of the season.

Every Autumn live-capturing licence issued in terms of

these regulations shall

(a) indicate the dates of the Autumn live-capturing

season;

(b) specify that no capturing may take place between two

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

hours after sunset and two hours before sunrise of the

following day;

(c) provide that no capturing shall be allowed within

protected areas;

(d) specify that the live-capturing of the relevant species

shall be exercised only on the sites which are approved

for that purpose by the Wild Birds Regulation Unit;

(e) specify that each Special Licence holder is only

authorised to use one (1) live-capturing station

registered with the Wild Birds Regulation Unit and that

such live-capturing station shall not contain more than

two (2) pairs of clap-nets from one (1) hide

Provided that if only one clap-net pair is approved, the

setting up of an additional clap-net pair is prohibited

Provided further that subdivision of a hide into two or

more hides to make use of more than two clap-net pairs

from the original hide is prohibited.

(f)

provide that the layering of two or more nets on top of

each other or any other modification, including creation

of ‘pockets’, is strictly prohibited;

(g) provide that the licensee shall only use traditional

manually-operated selective clap-nets which consist 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;

(h) specify that before the licensee leaves the live-capturing

site and during prohibited hours, the nets shall either be

removed or the clap-net pair(s) deactivated and the nets

completely covered

Provided that the clap-nets, including nets and poles,

shall be completely dismantled immediately upon closure

of the live-capturing season and removed from the site.

(i)

specify the overall seasonal bag limits for an Autumn

live-capturing season for the relevant species as the

total number of birds which may be captured under the

authority of all issued licences taken together

Provided that the total number of each specimen of the

relevant species which may be live-captured during an

autumn live-capturing season shall be set by the

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

figures contained in the First Schedule and taking into

consideration the conservation status of the particular

species concerned and the maintenance of the

population of the species at a satisfactory level;

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

(j)

specify the total Autumn live-capturing seasonal bag

limits for each licence, and any daily bag limits for

each licence, provided such daily bag limit is

established by the Minister in accordance with

regulation 4;

(k) provide that the number of live-decoys within each

live-capturing station at any one time shall not exceed

ten (10) birds from the relevant species (any

combination from the two species up to a maximum of

ten), irrespective of the number of licensees present at

the same station;

(l)

provide that, without prejudice to paragraph (k), a bird

from the relevant species may only be used as a live-

decoy if it is fitted with a single-use ring approved by

the Wild Birds Regulation Unit for that purpose;

(m) require the licensee, as soon as a bird from the relevant

species is live-captured, to report such catch on the

number indicated by the Wild Birds Regulation Unit

for that purpose and also provide that should, during the

course of a spot check, a police officer find a bird not

fitted with a single-use ring, and such bird had not been

declared by the licence holder on that same day before

the spot check, the licence holder shall be subject to the

penalties established in Schedule VIII of the

Conservation of Wild Birds Regulations;

(n) provide that the possession and/or use of pre-recorded

bird calls shall be strictly prohibited even if the device is

left unattended, and also provide that should, during an

inspection by enforcement personnel, such device be

detected during prohibited hours, the live-capturing

station shall be deregistered forthwith and cannot be used

by any licence holder for the duration of the season;

(o) provide that the live-capturing of birds other than the

relevant species shall be strictly prohibited;

(p) require that should the licensee catch a bird of the

relevant species fitted with a scientific ring, the licensee

shall immediately release the bird into the wild from the

same live-capturing station after the details of the

scientific ring are recorded on the ring recovery form

issued by the Wild Birds Regulation Unit, and also

require that such form is returned to the Unit within one

week from closure of the season;

(q) require that the general licence to take birds, the site

plan approved by the Wild Birds Regulation Unit and

registered with the Commissioner of Police, and the

means of identification shall be kept by the licensee

together with the licence issued under these

regulations at all times whilst the licensee is at the

live-capturing site or travelling to and from the live-

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

capturing site;

(r) reproduce the prohibitions provided for in regulations

18 and 20 of the Wild Birds Regulations, without

prejudice to any other prohibition laid down in the

same regulations;

(s) require that any legal restriction or obligation,

including with regard to place, dates, days, times and

bag limits, as well as the conditions set out in the

licence, are strictly complied with by the licensee;

(t)

reproduce the provisions of regulations 3 and 6;

6. (u) provide that during the open season Golden Plovers

shall not be kept in cages smaller than 280mm in

length, 240mm in width and 240mm in height and also

provided that during the open season Song Thrushes

shall not be kept in cages smaller than 210mm in

length, 160mm in width and 200mm in height.

(v) provide for other conditions of relevance to ensure that

the derogation is properly implemented, limited in scope,

on a selective basis and strictly supervised in line with

the Conservation of Wild Birds Regulations and the Birds

Directive (2009/147/EC).

(1) For the time when an Autumn live-capturing season is

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

the conditions and contents of the licence, the provisions of these

regulations and the provisions of the Wild Birds Regulations are

being observed.

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

carried out in terms of sub-regulation (1), find sufficient cause for

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 equipment, weapon or

ammunition used for hunting or live-capture, the Autumn live-

capturing licence and any other taking or 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

Provided that, for the purposes of enforcement of the limits

referred to in regulation 7(j) and the obligations provided for in

regulation 7(m), only the number of birds established by regulation

7(k) shall be deemed to be live-decoys. Where, during the course of

a spot-check, the number of birds found in the possession of a

licensee exceeds such number, any bird which is found to be in

excess of such number shall be deemed to have been captured by

the licensee that same day, notwithstanding that such bird may be

ringed in terms of regulation 7(l).

(3)

In pursuance of their duties under these regulations the

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

Police may be assisted by marshals appointed for this purpose by

the Wild Birds Regulation Unit. The marshals so appointed shall

have the same duties and powers vested in the Police by sub-

regulations (1) and (2)

Provided that during all hours for which an Autumn live-

capturing season is open the total number of police officers and, or

marshals assigned to carry out spot checks shall be in the region of forty

(40). Outside these hours, at least two (2) police officers and, or

marshals shall be on duty.

(4) The Police, assisted by marshals as may be necessary, shall

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

following the end of an Autumn live-capturing season, in order to

prevent illegal capture. Following the closure of an Autumn live

capturing season, for every one thousand (1,000) Autumn live-

capturing licences issued that year, a minimum of three (3) police

officers shall be on duty.

(5) In pursuance of their duties under these regulations, the

Police, assisted by marshals as may be necessary, shall carry out

daily systematic spot checks throughout all the season, in all the

regions shown in the Second Schedule. In Gozo, spot checks in

regions 1 and 3 shall be carried out simultaneously with spot

checks in regions 2 and 4 by separate police officers. In Malta, spot

checks in regions 5, 6 and 8 shall be carried out simultaneously

with spot checks in regions 7, 9 and 10 by separate police officers.

Spot checks within each region shall be carried out daily. The

Police shall forward to the Wild Birds Regulation Unit the outcome

of each spot check, per region, the following day, in a format that is

agreed in advance with the Wild Birds Regulation Unit.

(6) Whenever the police request such assistance, representatives

of non-governmental organisations may assist the Executive Police

and marshals appointed under sub-regulation (3) during spot-checks

relevant to these regulations.

(7) The coordinates of the approved stations shall be made public

on the internet by the Wild Birds Regulation Unit at least three (3) days

before the start of the live-capturing season and be available on-line at

all times during the live-capturing season.

Any person who fails to comply with any provision of

these regulations, with the contents of the licence or with any order

lawfully given in terms of any provision of these regulations or any

of the conditions of the Autumn live-capturing licence shall be

guilty of an offence and shall, upon conviction, be liable to the

p e n a l t i e s e s t a b l i s h e d b y r e g u l a t i o n 2 7 o f t h e Wi l d B i r d s

Regulations

Provided that where the offence falls under the scope of

regulation 27A of the Wild Birds Regulations, such an offence shall

be subject to the procedure stipulated therein and the penalties

stipulated in Schedule VIII of the Wild Birds Regulations.

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)

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.

LIVE-CAPTURING SEASON FOR SONG THRUSH AND

GOLDEN PLOVER)