CONSERVATION OF WILD BIRDS (FRAMEWORK FOR ALLOWING A DEROGATION FOR THE CONTROL OF BIRDS IN THE INTEREST

BIRDS IN THE INTEREST OF AIR-SAFETY)

SUBSIDIARY LEGISLATION 549.85

CONSERVATION OF WILD BIRDS (FRAMEWORK

FOR ALLOWING A DEROGATION FOR THE

CONTROL OF BIRDS IN THE INTEREST

OF AIR-SAFETY) REGULATIONS

27th August, 2013

LEGAL NOTICE 255 of 2013,as amended by Legal Notice 65 of 2019.

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

Wild Birds (Framework for Allowing a Derogation for the Control

of Birds in the Interest of Air-Safety) Regulations, and these

regulations shall be read and construed as one with the

Conservation of Wild Birds Regulations, which shall hereinafter be

referred to as the "Wild Birds Regulations".

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

for allowing a derogation for the control of birds in the interest of

air safety, in term s of regulation 9(1 )(b) o f the Wild Bi rds

Regulations.

Terms and expressions used in these regulations, unless the

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

the Wild Birds Regulations.

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 the control of birds in the interest of air

safety shall be a maximum of twelve calendar months of the year

for which the Minister may decide to allow the control of birds in

th e i n t e r e s t o f a i r s a fe t y b y m e a ns o f a N o ti c e d e c l a r in g a

derogation

Provided that when allowing the control of birds in the

interest of air safety, the Minister shall determine that there is no

other 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, to adequately

disperse birds from within the perimeter of the area indicated as

item (9) of Schedule V of the Wild Birds Regulations

Provided further that the Minister shall establish the

relevant bird species to be subject to control measures in the

interest of air safety.

(1) The control of birds shall be prohibited except within

the perimeter of the area indicated as item (9) of Schedule V of the

Wild Birds Regulations, and by virtue of an Air Safety Bird Control

licence issued in accordance with these regulations.

(2) An Air Safety Bird Control licence shall only be issued in

the interest of air-safety.

BIRDS IN THE INTEREST OF AIR-SAFETY)

(3) For the purposes of these regulations, the Air Safety Bird

Control licence shall be valid for a maximum of one year.

(1)

Every Air Safety Bird Control licence shall

(a) indicate the period when the control of birds may

occur;

(b) provide that the control of birds other than for the

species mentioned in the licence shall be prohibited;

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

Safety Bird Control licence and any other necessary

permits whilst carrying out any bird control activity;

(d) specify that bird control activities shall only take place

if the Malta International Airport, in consultation with

the Wild Birds Regulation Unit, deems that the birds

present on the airport runway and, or on the aircraft

movement areas poses an air-safety hazard;

(e) provide that methods of dispersal, such as the use of

distress calls, bio-acoustics or the firing of blanks shall

be implemented prior to resorting to the relocation or

culling of birds, which culling may only be authorised

once all other practical non-lethal means of bird

control have been exhausted;

Provided that the sites from where each bird relocated

from the perimeter of the airport will be released shall be

approved in advance by the Wild Birds Regulation Unit

and any other relevant authority as applicable;

(f)

provide that only fire-arms having a magazine capable

of holding not more than two shots shall be allowed

for culling and that the cartridges to be used are to be

loaded with lead shots with a diameter of less than

3.3mm. Moreover, the use of the banned methods

listed in regulation 7 of the Wild Birds Regulations

shall also be prohibited, unless there is sufficient

justification from an air safety point of view to depart

from such prohibition, in which case the licence shall list

such methods and specify that they shall only be used to

avoid an air safety hazard and for no other purpose;

(g) require that for the purpose of culling, the person in

possession of an Air Safety Bird Control licence holds a

valid police permit to carry a firearm for the purpose of

bird hunting on land and a valid general licence to hunt

birds on land issued under the terms of the Conservation

of Wild Birds Regulations;

(h) require that prior to the carrying out of a bird control

operation, the licensee is to immediately inform Wild

Birds Regulation Unit of his intention by means of an e-

mail to the address indicated by the Director;

(i)

provide that the Air Safety Bird Control licence and

any other hunting licence or permit of the licensee

BIRDS IN THE INTEREST OF AIR-SAFETY)

shall not be issued to anyone convicted of an offence

against Wild Birds Regulations and shall be

immediately revoked and be without any effect should

it transpire at any point in time that the licensee is, or

has been, convicted of an offence against regulation 27

of the Wild Birds Regulations;

(j)

require that culled birds are not to be left on site but

shall be collected and disposed of as indicated by the

Wild Birds Regulation Unit;

(k) require that any ring recoveries shall be reported by

the licensee concerned to the Wild Birds Regulation

Unit as soon as possible; and

(l)

require the licensee to submit a report to the Wild Birds

Regulation Unit on the activities undertaken within one

month from the expiry of the Air-Safety Bird Control

licence.

(2) Should the Wild Birds Regulation Unit find the licensee in

breach of any of the licence conditions, the licence may be

immediately revoked.

(1) The Police shall carry out on-the-spot checks to ensure

that all the conditions of the Air-Safety Bird Control licence and

the provisions of the relevant regulations are being observed and in

particular shall

(a) ensure that a person is in possession of an Air Safety

Bird Control licence whilst carrying out an activity

involving the control of birds in the interest of air

safety;

(b) ensure that only the species specified in the licence

have been, and are being, controlled.

(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 equipment used during the control

of birds, any firearm and ammunition, the Air Safety Bird Control

licence and any other licence or permit issued under Wild Birds

Regulations, and any bird found in 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 sub-regulation (1), the

Police may be assisted by officials appointed by the Wild Birds

Regulation Unit for this purpose.

Offences under these Regulations shall be liable to

penalties stipulated in article 27 of the Wild Birds Regulations.

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

BIRDS IN THE INTEREST OF AIR-SAFETY)

inconsistency, these regulations shall prevail.