PROTECTION OF WILD RABBIT REGULATIONS

SUBSIDIARY LEGISLATION 549.90

PROTECTION OF WILD RABBIT REGULATIONS

17th June, 2014

LEGAL NOTICE 207 of 2014, as amended by Legal Notices 60 of 2015

133 of 2016 * , 100 of 2019 and 85 of 2022.

The title of these regulations is the Protection of Wild

Rabbit Regulations.

Substituted by

L.N. 133 of 2016;

General Licence Conditions

L.N 85 of 2022.

1. A general licence shall immediately cease to be valid and the licensee may

not hunt, or attempt to hunt, or take, or attempt to take wild rabbit, unless such

person -

(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;

(b) is a paid member of a recognised hunting organisation;

(c) has paid any administrative fines imposed in accordance with regulation

12 as prescribed in Schedule II;

(d) has paid necessary licence fees as prescribed in regulation 5 and as

listed in Schedule IV.

2. In the case of general hunting licence, no person shall hunt unless he holds a

duly paid insurance policy against third party risks to persons or damage to property

For the purpose of these regulations and unless the context

otherwise requires

"the Act" means the Environment Protection Act;

"air rifle" means a weapon which fires projectiles by means of

compressed gas and, or air;

"closed season" means those periods which fall outside the open

season during which no shooting or capturing of wild rabbit shall

be allowed;

"Commissioner" means the Commissioner of Police;

"dog" means a dog trained or bred to assist a person in finding or

retrieving wild game;

"general licence" means a permit issued in accordance with these

regulations and which satisfies the criteria listed in Schedule I and,

or other conditions which may be stipulated by the Wild Birds

Regulation Unit from time to time in accordance with these

regulations;

"inhabited area" means any area in which there is an aggregation

of houses inhabited or capable of being inhabited by more than one

hundred persons;

"open season" means the period as established in regulation 6,

during which the shooting or capture of wild rabbit shall be

allowed;

"organisation representing persons licensed to shoot or capture

wild rabbit" means an organisation having paid-up members, a

statute, a committee which is elected at least once every three

y e a r s , i s e n r o l l e d w i t h t h e C o m m i s s i o n e r f o r Vo l u n t a r y

Organisations and which has its accounts verified and certified by a

qualified auditor and approved by the general meeting of the

organisation;

"pellet" means a projectile designed to be fired from an air rifle;

"rabbit net" or "net" means a net used exclusively to capture wild

rabbit and no other species whatsoever; such net shall have a mesh

size not smaller than 40mm and is to be operated manually by the

person licensed to capture or shoot wild rabbit;

* but see regulation 8 of Legal Notice 133 of 2016.

"restricted area" means any of the Bird Sanctuaries and, or

beaches listed in Schedules V and VII of the Conservation of Wild

Birds Regulations, and, or within a distance of 50 metres from main

or arterial roads, areas within 200 metres from towns, villages and

other inhabited areas, as well as the area at Rdum tal-Madonna

designated on site plan enclosed in Schedule III or any other area

designated as such by the Minister through a notice in the Gazette;

"shooting" means to hunt by using a fire-arm or any other

weapon for hunting, which by burning propellant or by means of

compressed air, fires a projectile or projectiles;

"shot" means projectiles, contained in a cartridge, excluding the

gun powder and wad;

"shotgun" means a weapon which fires projectiles by burning

propellant;

"to capture" or "capturing" means to capture live specimens of

wild rabbit using nets, dogs and, or ferrets and does not include to

shoot, shooting and the use of firearms or air rifles;

"to train" or "training" means the training of any dog and, or,

ferret of the necessary skills to capture wild rabbit

Provided that this activity shall be exempt from the

provisions of these regulations where the training is conducted

without the use of any net, firearm, air rifle or any ammunition, and

without the intention to capture or kill wild rabbit and that no such

capture or killing of wild rabbit occurs, and that during such

training any ferret shall be muzzled at all times;

"weapon" means an air rifle or a shotgun;

"Wild Birds Regulation Unit" means the Wild Birds Regulation

Unit established in accordance with the Conservation of Wild Birds

Regulations.

Amended by

L.N. 133 of 2016.

(Regulation 12)

Substituted by

Administrative Fines

L.N.100 of 2019.

Penalty

points for

First

Second

Regulation

Offence category

each

offence

offence

offence

category

Failure to produce the relevant licence/

€250

€250

identity documentation to the Police

within two (2) days. Provided that this

fine shall not apply in the absence of a

valid general licence to hunt or to take

wild rabbit, in which case the offender

shall be charged before the Court of

Magistrates and the offence punishable in

terms of regulation 11.

Failure to declare every wild rabbit

€50 per

€50 per

hunted or taken.

undeclared

undeclared

wild rabbit

wild rabbit

5(11)(c)

Failure to report any information which

€50

€50

may be specified by the Wild Birds

Regulation Unit.

Use of unmuzzled ferrets during training

€100

€100

or capturing of wild rabbit.

PROTECTION OF WILD RABBIT

7(6) and 9

Carrying a firearm, whether loaded or

€250

€250

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 in a restricted area,

excluding carrying of a firearm within the

area marked on the site plan in Schedule

III, the offence shall not be subject to an

administrative fine but shall be

punishable in terms of regulation 11.

7(7)

Possession of any firearm which has a

€250

€250

magazine capable of holding more than

two (2) rounds of ammunition at any

time.

10(1)

Trespassing of private property, unless

€250

€250

such trespassing is an offence under any

other law.

PROTECTION OF WILD RABBIT

The wild rabbit (Oryctolagus cuniculus) is declared

protected in Malta

Provided that the capture and shooting of wild rabbit shall

be in accordance with the provisions of these regulations.

Restricted area where capturing of wild rabbit is prohibited

Without prejudice to regulation 8, no person shall shoot,

capture, kill or take, or attempt to shoot, capture, kill or take any

specimen of wild rabbit

(a) unless such person is in possession of a general licence

issued by the Commissioner and the Wild Birds

Regulation Unit to shoot and, or capture wild rabbit;

(b) during the closed season for the shooting and, or

capture of wild rabbit;

(c) by means and methods other than those allowed in the

provisions of these regulations;

(d) 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 (2) days he

produces to the police such document at the place

indicated to him by them.

Added by

L.N. 60 of 2015.

Applicable Fees

Amended by

L.N. 133 of 2016.

1. Examination fee

€30 per examination.

2. Re-Sit of examination fee

€10 for each re-sit session.

3. Licence to shoot, and, or to

capture wild rabbit

(a) issuance of new or renewal

€50

of five-year licence to

shoot

wild

rabbit

in

accordance with regulation

5

(b) issuance of new or renewal

€25

of five-year licence to

capture wild rabbit in

accordance with regulation

5

(1) The general licence for shooting and, or the general

licence for the capture of wild rabbit may be granted by the

Commissioner and the Wild Birds Regulation Unit if an applicant

satisfies the criteria set by both the Commissioner and the Wild

Birds Regulation Unit.

(2) For the purpose of sub-regulation (1), the Wild Birds

Regulation Unit shall set exams to determine the knowledge of

these regulations and the use and safe-carrying of fire-arms of

those applicants, who have already satisfied the criteria set by the

Commissioner, in accordance with the provisions of Part XV of the

Code of Police Laws.

(3) Re-sits will be set for those applicants who fail the exams

established in sub-regulation (2).

(4) Sittings, including re-sits, for the exams established under

the provisions of sub-regulations (2) and (3) shall be set against the

payment of a fee, as prescribed in Schedule IV.

(5) The Commissioner shall be responsible for issuing the

licences for the shooting and, or capture of wild rabbit to those

applicants who pass the exams set by the Wild Birds Regulation

Unit.

(6) No person shall be issued with a general licence or have his

general licence renewed, unless such person

(a) has effected all the necessary payments as required by

Schedule IV, including having paid for and obtained

the necessary licences required under Part XV of the

Code of Police Laws;

(b) is a member of a recognised hunting organisation;

(c) in the case of shooting, holds an insurance policy

against third party risks to persons or damage to

property;

(d) in the case of general licence renewal, has paid the

respective renewal fee to the Wild Birds Regulation

Unit for the applicable licence as found in Schedule

IV.

(7) The Wild Birds Regulation Unit may issue the following

general licences in terms of these regulations

(a) the licence to shoot wild rabbit;

(b) the licence to capture wild rabbit.

(8) Subject to the provisions of sub-regulation (6), an

individual may apply and obtain any one or more of the general

licences referred to in sub-regulation (7).

(9) 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 upon payment of the licence fee stipulated in

Schedule IV and if the Wild Birds Regulation Unit is satisfied that

the criteria established in sub-regulation (6) are satisfied.

(10) 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 planned activity is

regulated by any other regulations or by any provision under these

regulations.

(11) Any person licensed to shoot and, or, capture wild rabbit

under these regulations shall report to the Wild Birds Regulation

Unit through the game reporting system, as may be prescribed, the

following information

(a) before leaving the hunting area, the number of rabbits

killed and the number of rabbits captured;

(b) the geographical location where the rabbits were

hunted or captured;

(c) any other matter which may be specified by the Wild Birds

Regulation Unit from time to time.

(12) The Wild Birds Regulation Unit, assisted by the Executive

Police, shall immediately suspend the relevant general licence for a

period of one ( 1) ye ar whenev er a l icensee accumulates in

aggregate twelve (12) penalty points or more during a two (2) year

period, in accordance with regulation 12.

(13) During the period of suspension of the relevant licence in

accordance with sub-regulation (12), the licensee shall 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) of the Conservation of Wild Birds Regulations.

(14) 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 (12).

(1) The open season for the shooting and, or capture of

wild rabbit shall be from the 1st June till the 31st December, both

days included

Provided that, through a notice in the Gazette, the Minister

may revoke or amend the duration of the open season when, on the

basis of relevant scientific knowledge, there is concern on the

conservation status of the wild rabbit and, or on the maintenance of

the population of wild rabbit at a satisfactory level.

(2) During the period established in sub-regulation (1), the

shooting of wild rabbit shall only be practised

(a) between two hours before sunrise and two hours after

sunset from Monday to Saturday; and

(b) between two hours before sunrise and one o’clock in

the afternoon on Sundays and on public holidays

Provided that the shooting of wild rabbit between 1st

September and 31st December shall also be prohibited during such

times when the hunting of wild birds is prohibited in terms of the

Conservation of Wild Birds Regulations or any other subsidiary

legislation connected therewith or related thereto

Provided further that the prohibitions laid out in sub-

regulation (2) shall not apply to the capture of wild rabbit.

(1)

The shooting of wild rabbit can only be carried out

using

(a) shots of size smaller than or equivalent to 3.3mm in

diameter for shotguns; and

(b) pellets for air rifles.

(2) The capture of wild rabbit should be carried out by means

of dogs, ferrets and, or rabbit nets only

Provided that ferrets used in pursuit of the capturing

activity shall at all times be muzzled

Provided further that the use of any kind of vertical nets,

mist nets or clap nets or any other net that can be used to capture

any species other than wild rabbit is prohibited

Provided further that the nets used for the capture of wild

rabbits shall not be left unattended at any time

Provided further that whilst practicing capturing activity

during the night, licensed persons may use small sources of

dimmed light only insofar as the use of light is necessary for the

capturing activity using dogs and, or ferrets and nets, and insofar as

the use of such light shall not cause disturbance to any species

other than wild rabbit

Provided further that any use of light in pursuit of wild

rabbit with any gun is prohibited.

(3) No person shall sell, offer for sale, exhibit for sale, carry,

be in possession of, use, import or manufacture devices other than

those mentioned in the provisions of sub-regulation (1)(a) and (b)

for the purpose of shooting and, or capture of wild rabbit.

(4) Without prejudice to the Conservation of Wild Birds

Regulations, no person shall at any time keep or carry a firearm which

is loaded, or with cartridges in its magazine, or out of its case, unless at

the place where the shooting of wild rabbit is allowed.

(5) No person shall be in possession of any firearm which is

loaded or outside its case, or go in pursuit of wild rabbit, or shoot

or attempt to shoot, capture or attempt to capture wild rabbit while

in or on any motor vehicle.

(6) No person shall carry a firearm, whether loaded or not, that

is not in its case, or discharge any firearm, while within 200 metres

from any town or village, or other inhabited area, or any restricted

area, or within a distance of 50 metres from main or arterial roads

Provided that this distance of 50 metres shall not apply in

the case of secondary roads and country lanes

Provided further that the firearm is not aimed in the

direction of the road, whether main, arterial, secondary or a country

lane.

(7) No person licensed for shooting wild rabbit shall be in

possession of any firearm which has a magazine capable of holding

more than two rounds of ammunition at any time.

The Wild Birds Regulation Unit may, for reasons of public

health or safety, or any scientific reason, issue a permit for the

shooting and, or capture of wild rabbit during the closed season

Provided that in authorising such exceptions, the following

shall be specified

(a) the means, arrangements or methods authorised for

capture and killing;

(b) the conditions of risk and the circumstances of time

and place under which such exceptions may be

granted; and

(c) the controls which will be carried out.

No person shall

(a) shoot and, or capture or attempt to shoot and, or

capture wild rabbit in restricted areas

Provided that, within the restricted area marked on the

site plan in Schedule III, this prohibition shall only

apply to the capture of wild rabbit;

(b) at any time and by any means whatsoever, have in his

possession or under his control any wild rabbit, in a

restricted area

Provided that the foregoing shall not apply to any person

licensed to shoot and, or to capture wild rabbit 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

the capturing of wild rabbits while passing through the main roads

of a bird sanctuary.

(1) No person in search or in pursuit of wild rabbits 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, tenement or other enclosure which is sown or

planted or in which there are vegetables or fruits that are yet

unpicked or unplucked.

(1) Any person who -

(a) 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) contravenes any restriction, prohibition or requirement

imposed by or under these regulations; or

(c) acts in contravention of any provision of these

regulations; or

(d) conspires or attempts to conspire, or aids or attempts

to aid, abets or attempts to abet, counsels or attempts

to counsel, procures or attempts to procure 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 the said regulations,

shall be guilty of an offence against these regulations.

(2) Any person who commits an offence against these

regulations 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 (€5,000) 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 may also order the

suspension of the 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 any person who commits an offence

against these regulations without a valid licence shall be liable to

the punishments contemplated under paragraph (b).

(3) Notwithstanding the provisions of section 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

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 as courts of criminal

judicature.

(4) 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 II, 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

II, the Executive Police 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 II, 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.

(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 II, the offence or offences committed shall be

punishable in terms of regulation 5(12)

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 II 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 and, the

licensee shall remain subject to accumulation of penalty points for

offences listed in Schedule II

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 11. 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 II 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 II, and in such circumstances the

provisions of regulation 11 shall automatically apply.

The provisions of these regulations shall be without any

prejudice whatsoever to the provisions of the Majjistral Nature and

History Park Site Regulations.