Marine Mammals Protection Regulations, 2003 (L.N. 203 of 2003)

L.N.203 of ENVIRONMENT PROTECTION ACT (CAP. Marine Mammals Protection Regulations, 2003 BY virtue of the powers confened by articles 6, 9, 10(2), 11 and 23 of the Environment Protection Act, the Minister for Rural Affairs and the Environment has made the following regulations: 1. The title of these regulations is the Marine Mammals Protection Title. Regulations, 2003. B 2363 In these regulations, unless the context otherwise requires:- Interpretation. "Act" means the Environment Protection Act; Cap. 435 "Competent Authority" means the Malta Environment and Planning Authority as prescribed by notice entitled Nomination of the Planning Authority as the Central Authority, and such other body or person as the Minister responsible for the Environment may by order in the Gazette prescribe, and different bodies or persons may be designated as the competent authority for different provisions and different purposes of these regulations; "Director" means the Director responsible for environment protection with the Competent Authority, or his designated representative; "export" means "import" means taking out of Malta of any specimen; bringing into Malta of any specimen; "maltreat" means to subject a specimen to treatment or to put a specimen in a situation which is not natural in its life cycle, with the exception specimens held for medical treatment or in dolphinaria or oceanaria with the permission of Director of the Competent Authority; "Minister" means the Minister responsible for the Environment; B 2364 Declaration. Administrative Authority. Prolection of species. Documentary evidence. Permits and Conditions. "permit'' means a prior permission issued in terms of these regulations, and on the basis of the provisions of a1iicles 7 and 8 of these regulations; "specimen" means any marine mammal of the species or lower taxon listed in the Schedule annexed to these regulations, whether alive or dead, whether whole or in part, whether in the original form or after having undergone any transformation. It includes any part or derivative thereof, as well as any goods which appear, from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be parts or derivatives of animals of those species; "take" means to remove from the natural habitat. 3. The species of marine mammals listed in theSchedule annexed to these regulations are declared to protected marine mammal species for the purpose of subparagraph (ii) of paragraph (k) of subarticle (2) of article 9 of the Act. 4. The Competent Authority shall be responsible for the administration and implementation of these regulations. (l) No person shall, directly or indirectly, pursue, take or attempt to take, maltreat or attempt to maltreat, kill or attempt to kill, possess, sell by any method, buy, exchange, re-introduce, import or export any specimen of species listed in the Schedule to these regulations. (2) Any marine mammal accidentally caught during normal fishing activities shall be immediately released, and if such release is not possible it shall be landed at the fish market in Valletta or in Gozo, and shall be surrendered immediately to the Director responsible for fisheries, who shall then deal with it in consultation with the Director responsible for and the Competent Authority. 6. Any person who has in his possession any specimen import of which is subject to these or other regulations, shall retain in his possession and until such time as that specimen remains in his possession, all pe1mits, certificates and licences relative to the import of that specimen. 7. (1) The Competent Authority may issue a permit to authorize: (a) the taking and keeping of any specimen for bona fide scientific studies or educational purposes, (b) the import or export of any specimen, (c) the re-introduction of specimens, ( d) the performance of any activity which would otherwise not be permitted under these regulations to dolphinaria or oceanaria which at the time of the coming into force of these regulations arc already in possession of live specimens, provided that such permit is limited to the replacement or replenishment of specimens: Provided that the Competent Authority shall not issue such a permit if in its opinion such activities threaten any species or lead to the endangering of the biological diversity of Malta. (2) The person requesting a permit for activities referred to in subregulation (1) of this regulation, hereafter referred to as the applicant, shall submit an application in writing to the Competent Authority. (3) In order to enable the Competent Authority to assess a permit request, the application shall contain the relevant documents and any other requisite information requested by the Competent Authority. (4) The Competent Authority may, to ensure compliance with these regulations: (a) amend, suspend or revoke any permit and/ or other such authorization instrnments, (b) impose such conditions as it may deem fit, provided that a special condition may be imposed upon the applicant, to submit within a month from the expiry of the permit or at the end of the calendar year, whichever is the earliest, information relevant to the activities permitted. (5) A copy of any published results and other publications relevant to activities carried out in accordance with the permit shall reach the Competent Authority within three months from the date of publication. (6) The period of validity of such permit shall also be established at discretion of the Competent Authority, provided that the validity of the permit may not exceed one calendar year from date of issue. B 2365 B 2366 Public Regisler and confidential information. (7) The Competent Authority shall reserve the right not to issue or renew any permit if the applicant in question has not fulfilled or honoured any of the conditions and obligations arising from any other permit issued by the Director or the Competent Authority under these regulations or other relevant regulations. (8) The Director may, on behalf of the Competent Authority, in cases of emergency or grave danger, authorize the possession or keeping on a temporary basis, or the disposal of any specimen, and in so doing he may issue any such directives he may deem fit. 8. (l) , ,,,.rcr.n public entities and other institutions having been granted a permit under these regulations will be maintained in a national public register. (2) Where its disclosure affects one or more of the items mentioned in the Freedom of Access to Information on the Environment LN. 217 °noo1. Regulations, 2001, the applicant may indicate the information in the permit application submitted pursuant to these regulations that should be treated as confidential. Verifiable justification must be given in such cases. (3) The Competent Authority shall decide, after consultation with the applicant, which information will be kept confidential and shall info1m the applicant of its decision. ( 4) Except where the Competent Authority determines that there is a threat to the safeguarding of the biodiversity, in no case may the following information be kept confidential: the name and address of the applicant, the institution, if any, requiring the permit, the species, biotope, natural habitat, site or area involved, the aim and purpose of the application, the benefits arising from the permit, the possible impacts on local biodiversity, including the species, biotope, natural habitat, or area involved, the evaluation of foreseeable effects, in particular any harmful effects on the environment. (5) The Competent Authority shall not divulge to third parties any information decided to be confidential according to subrcgulation (2) of this regulation, and shall protect intellectual property rights relating to the data received. (6) If, for whatever reasons, the applicant withdraws the application, the Competent Authority must respect the confidentiality of the information supplied. 9. Nothing contained in these regulations shall constmcd to prejudice the observance of any another law or regulations. 10. (l) Any person who shall take, maltreat, kill, possess, sell by any method, buy, exchange, import or export any specimen in contravention of these regulations, and any person who contravenes any restriction, prohibition or requirement imposed by or under these regulations, and any person who conspires or attempts, or aids, abets, counsels, or procures any other person to commit any of the above offences, shall be guilty of an offence. (2) Any person who commits an offence against these regulations shall, on conviction, be liable (a) on a first conviction, to a fine (multa) of not less than one hundred Maltese liri (Lm100) for each specimen; (b) on a second or subsequent conviction, to a fine (multa) of not than two hundred and fifty Maltese liri (Lm250) but not exceeding one thousand Maltese liri (Lm 1,000) for each specimen, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. (3) Without prejudice to the provisions of subregulation (2) of this regulation, the Court may also order any person who is found guilty of committing an offence under these regulations, to pay for the expenses incurred by the Competent Authority as a result of the said offence, the revocation of the pe1mit issued under these regulations and the confiscation, retention and disposal of the corpus delicti. B 2367 Relation with other Regulations. Offences and Penalties. . The Marine Mammals (Protection) Regulations 1992 arc Repeal ofL.N. 77 ' ' f 1992 hereby being repealed. 0 · B 2368 SCHEDULE PROTECTED MARINE MAMMALS Scientific name Maltese name CETACEA Balaenoptera acutorostrata Balena Zghirag Balenottera Zghira, Balena ta' Geddumha Ppuntat Balaeonoptera borealis Balaenoptera physalus Balenottera tan-Nofsinhar Balena Kbirag Balenottera Kbira, Bahena Mbacca Minke Whale Sei Whale Fin Whaleg Finback Whale Delphinus delphis Denfil Komuni Euhalaena glacialis Baliena tat-Tramuntana Glnhicephala me las Balena Sewda Common Dolphin Northern Right Whale Long-Finned Pilot Whale ( =Glohicephala meleana) Grampus griseus Kogia simus l'vlegaptera novaeangliae Mesoplndon densirostris Orcinus orca Phocoena phocoena Physeter macrocephalus ( =Physeter catodon) Pseudorca crassidens Sousa chinensis Stenella cneruleoalba Steno bredanensis Tursiops truncates Ziphius cavirostris PINNIPEDIA l'vlonachus monachus Denfil Grizg Denfil ta' Rissog Monka tal-Punent Balena ta' Mnehirha Catt Balena tal-Gwienah Kbar Balena ta' Blainville Orka Denfil Is wed Gabdoll Psewdorka Denfil tal-Bahar 1-Ahmar Stenella Denfil tat-Tikki Denfil Geddurnu Qasir Balena ta' Kuvjer Bumerin; Monka, Foka Monka Risso's Dolphin Dwarf Sperm Whale Humpback Whale Blainville's Beaked Whale Killer Whale Common Porpoiseg Harbour Propoise Sperm Whale False Killer Whale Indo-Pacific Humpback Dolphin Striped Dolphin Rough-Toothed Dolphin Bottlenose Dolphin Cuvier's Beaked Whale Mediten-eanean Monk Seal lppubblikat mid Dipartimenl ta· 1 lnforrnazzjoni (doi.gov.mt) Valletta Published hy the Department oflnfrmnarion (doi.gov.mt) Valletta !v1itbugh fl-lstamperija tal-Gvem - Printed at the Govenunent Printing Pre.~s Prezz I 2l' Price l 2c