The government has announced that it is going to issue special autumn live-capturing licence to registered trappers. The trapping of song thrush will be allowed between October the 20th and December the 31st, and Golden Plover between October the 20th and January the 10th.

The legal notices specify that no more than 5,000 song thrush and 1,150 Golden Plover may be caught throughout the season and not more than three birds may be caught per day by each trapper, with a total of six birds for the season per licence.

The full text of the legal notices is shown below:

“Having considered recommendations made by the Ornis Committee, applicable legal provisions and scientific advice, as well as the Policy Guidelines for Hunting and Trapping of Birds in Malta, the Government has today published L.N. 303 Conservation of Wild Birds (Framework for Allowing a Derogation Opening an Autumn Live-Capturing Season for Song Thrush and Golden Plover) Regulations, 2012 and L.N 304 Conservation of Wild Birds (Declaration on a Derogation for a 2012 Autumn Live-Capturing season) Regulations, 2012.

The Framework Regulations establish the legal parameters within which the Government may apply a derogation in terms of Article 9(1) of Directive 2009/147/EC of the European Parliament and of the Council on the Conservation of Wild Birds to permit limited trapping of Golden Plover and Song Thrush in autumn, under strictly supervised conditions. The conditions amongst other include the issuance of a special Autumn Live-Capturing Licence to registered trappers already in possession of a valid Carnet de Chasse, and whose authorised trapping sites have been duly registered with the Commissioner of Police in terms of the Conservation of Wild Birds Regulations. Under the conditions of an Autumn Live-Capturing Licence, trappers shall only be allowed to use traditional manually operated selective clap-nets with the mesh-size of the net of not less than 30mm square, which are operated solely by human intervention. No trapping shall be allowed on Xaghri within Natura 2000 sites indicated on maps that will be published by the Director of Environment for this purpose. Should trapping result in the accidental capture of any birds other than Golden Plover and Song Thrush, the trapper is required to immediately release such catch into the wild.

The Framework Regulations also stipulate that an Autumn live-capturing season for Golden Plover and Song Thrush shall not exceed a maximum of eighty three (83) days between the months of October of the year in which the Government may decide to open an autumn trapping season by means of a notice in the Government Gazette and January of the following year. The Regulations further establish that the overall seasonal bag limits to be allowed for a particular autumn trapping derogation cannot exceed 5,000 Song Thrush and 1,150 Golden Plover. These two maximum numbers may only be amended by notice in the Gazette, 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. The Framework Regulations also provide for the establishment of daily and seasonal bag limits per licence.

By virtue of the special Autumn Live-Capturing Licence, licensed trappers shall be obliged to immediately report every bird captured via SMS as well as by entry in the Carnet de Chasse. The uptake of a season’s quota shall be monitored in real time, and a season may be terminated with immediate effect by means of a press release if the overall seasonal quota for either one or both of the species is reached at any time before the end of the season. The Framework Regulation further stipulates that holders of the special Autumn-Capturing Licence shall not be allowed to hold or have in their possession more than a total of 10 birds of either Song Thrush or Golden Plover for use as live-decoys, whilst at the capturing site or when travelling to or from the capturing site. Furthermore, each bird used as a live-decoy must bear a single-use ring approved and provided by the Director of Environment.

The Police shall ensure the monitoring and compliance with these Regulations by carrying out spot-checks in the field. Infringements will not be tolerated. The Framework Regulations require that for every one thousand licences issued, there shall be a minimum of seven officers and/or marshals on duty during all hours for which an Autumn Live-Capturing Season is open. Furthermore, the Regulations require that officers 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 Autumn Live-Capturing Licences issued, a minimum of three police officers and, or, marshals shall be on duty during the hours of daylight.

Should any police officer in the course of a spot check carried out in the field, find sufficient cause for proceedings to be taken against any person under these Regulations, or other relevant Regulations, that officer shall immediately seize from the possession of that person any equipment, weapon or ammunition used for hunting or live-capture, the Carnet de Chasse, the Autumn Live-Capturing Licence and any other taking or hunting licence or permit, and any bird(s) 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.

Any person who fails to comply with any provision of these Regulations, with the Licence conditions or with any order lawfully given in terms of any provision of these Regulations, shall be guilty of an offence and shall upon conviction be liable to the penalties established by regulation 27 of the Conservation of Wild Birds Regulations. The penalties range from confiscation of equipment and fines, to revocation of license and even imprisonment, depending on the severity of the offence. It should be noted that under EU and national law, trapping can only be allowed under strict conditions through a limited derogation from the Birds Directive. It is the duty of each and every individual trapper to comply and adhere vigorously with the law and with the conditions of a derogation. It is moreover in the interest of trapping associations and of individual trappers to ensure that no illegal trapping takes place at any point in time since this would otherwise jeopardise any possible future trapping and hunting derogations.

A separate Regulation has also been published today by means of Legal Notice 304 of 2012: Conservation of Wild Birds (Declaration on a Derogation for a 2012 Autumn Live-Capturing Season) Regulations, 2012. This Legal Notice declares the opening of the 2012 Autumn live capturing season in Malta and establishes that the taking of Song Thrush shall be permitted between 20 October 2012 and 31 December 2012 (both days inclusive), whilst the taking of Golden Plover will be allowed between 20 October 2012 and 10 January 2013, (both days included). This regulation sets the overall season quota for 2012 at 5,000 Song Thrush and 1,150 Golden Plover. This regulation also sets a daily bag limit per licence of three (3) birds and a seasonal bag limit per licence of six (6) birds.”

Procedures for application for Special Autumn Capturing Licenses will be announced shortly by the Malta Environment and Planning Authority.

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