Conservation of Wild Birds Regulations, 2006 (L.N. 79 of 2006)

B 1647 L.N. 79 of 2006 ENVIRONMENT PROTECTION ACT (ACT NO. XX OF 2001) Conservation of Wild Birds Regulations, 2006 BY VIRTUE of the powers conferred by articles 9 and 10 (2) and (3) of the Environment Protection Act, 2001, the Minister for Rural Affairs and the Environment has made the following regulations: 1. These regulations may be cited as the Conservation of Wild Birds Regulations, 2006. 2. In these regulations, unless the context otherwise require: “the Act” means the Environment Protection Act, 2001; “bird” and “birds” means any species of naturally occurring bird or birds in the wild state in the European territory of the Member States of the European Union, with the exception of Greenland: Provided that these regulations shall not apply to birds born and reared in captivity; “bird sanctuaries” means the areas listed in Schedule V to these regulations; “captive bred” means a bird which is close ringed and which has been hatched and bred from parental stock in a human controlled environment; “carnet de chasse” means a permit in the form shown in Schedule IV to these regulations, which permit also includes an annual census of birds hunted and, or taken from the wild in accordance with the provisions of these regulations; “close ringed” means a full-circle ring without any cut or interruption therein and which cannot be placed on a bird’s foot other than when such bird is of a very tender age, such ring being approved by the Director; Title and commencement. Definitions. B 1648 “closed season” means, in respect of the hunting and taking of birds, those periods which fall outside the open season during which no taking or hunting shall be allowed; “the Commissioner” means the Commissioner of Police or his representative; “the Director” means the Director of the Environment Protection Directorate within the Malta Environment and Planning Authority or his representative; “finches” means birds belonging to the following species: Fringilla coelebs (chaffinch), Serinus serinus (serin), Carduelis chloris (greenfinch), Carduelis carduelis (goldfinch), Carduelis cannabina (linnet), Carduelis spinus (siskin), Coccothraustes coccothraustes (hawfinch); “hunt” and “hunting” means to hunt or use a fire-arm or any other weapon for hunting, and “hunting at sea” means hunting from seacraft; “inhabited area” means any area in which there is an aggregation of houses or capable of being inhabited by more than one hundred persons; “lead shot” means lead, steel and any other material of whatever make and size contained in a cartridge, other than gun powder; “licence” includes permit; “the Minister” means the minister responsible for the environment; “open season” means in respect of hunting and taking of birds as established by the Minister pursuant to sub-regulation 6 of regulation 10 of these regulations, during which hunting and taking shall be allowed; “Ornis Committee” means the Committee established under regulation 10 of these regulations; “organization representing persons knowledgeable in, or working for, the protection of avifauna” means any organization, which is a member of an international organization which has an observer status within the European Union Ornis Committee, that has more than two thousand paid-up members, a statute, a committee which is elected at least once biennially, and which B 1649 has its accounts verified and certified by a qualified auditor and approved by a general meeting of the organization; “organization representing persons licensed to hunt and, or take” means an organization, which is a member of an international organization which has an observer status within the European Union Ornis Committee, that has more than three thousand paid-up members, a statute, a committee which is elected at least once biennially, and which has its accounts verified and certified by a qualified auditor and approved by a general meeting of the organization; “permit” means carnet de chasse; “Section” means the Avifauna Section under the control of the Director; “the Treaty” has the same meaning assigned to it by the European Union Act; “to capture” means to take; “to take” and “taking” means to take from the wild, in accordance with the provisions of these regulations. PART I 3. (1) The bird species referred to in Schedule I to these regulations shall be the subject of special conservation measures concerning their habitat including in particular the designation of special protection areas. (2) For the purposes of sub-regulation (1) hereof, account shall be taken of (a) species in danger of extinction; (b) species vulnerable to specific changes in their habitat; (c) species considered rare because of small populations or restricted local distribution; (d) other species requiring particular attention for reasons of the specific nature of their habitat. (3) Similar measures shall also be established for regularly occurring migratory species not listed in Schedule I to these regulations, as regards their breeding, moulting and wintering areas Special conservation measures. B 1650 and staging posts along their migration routes, bearing in mind their need for protection in the geographical sea and land area of Malta. (4) The Ornis Committee shall make recommendations to the Minister on the adoption of measures under this regulation in accordance with the provisions of subparagraph (i) of sub-regulation 6 of regulation 10. (5) The Minister shall, by notice in the Gazette, publish the sites classified as special protection areas in accordance with the provisions of this regulation, together with the maps demarcating these areas. 4. Without prejudice to the provisions of regulations 5, 8 and 9, no person shall: (a) hunt or attempt to hunt, take or attempt to take any bird which is protected under these regulations, other than in accordance with these regulations and with the conditions of any licence granted thereunder; (b) hunt or attempt to hunt, take or attempt to take, destroy, damage or remove by any means, any bird nest and eggs; (c) take the eggs in the wild of any bird which is protected under these regulations and keep these eggs even if empty; (d) deliberately disturb any bird which is protected under these regulations during the period of breeding and rearing; (e) keep any bird, whether alive or dead, or part of any bird, the hunting or taking of which is prohibited under these regulations, other than in accordance with these regulations. 5. (1) Without prejudice to the provisions of regulation 9 no person shall hunt or attempt to hunt any birds other than those referred to in Schedule II to these regulations: Provided that such hunting, including falconry if practiced, as carried out in accordance with the provisions of these regulations shall be subject to any conditions and rules as may be established pursuant to sub-regulation (6) of regulation 10, in particular subparagraph (a) thereof, and shall be in accordance with the principles of wise use and ecologically balanced control of the species of birds which are referred to in Schedule II to these regulations and be compatible with the requirement of maintaining the population of these species, in particular as regards migratory species: Prohibitions. Hunting restrictions. B 1651 Provided further that there shall be no hunting of birds which are referred to in Schedule II to these regulations during the rearing season or during the various stages of reproduction of these species. (2) As regards migratory species which are referred to in Schedule II to these regulations, there shall also be no hunting of such species during their period of reproduction or during their return to their rearing grounds. 6. (1) Without prejudice to the provisions of regulation 9, no person shall import or export, sell, transport for sale, keep for sale or offer for sale live or dead birds or any recognizable parts or derivatives of birds protected under these regulations: Provided that the import or export, sale, transport for sale, keeping for sale or the offering for sale of live or dead birds or of any readily recognizable parts or derivatives of birds shall be allowed in respect of the species included in Schedule III (a) to these regulations provided that any such birds have been lawfully killed or captured or otherwise lawfully acquired: Provided further that the import or export, sale, transport for sale, keeping for sale or the offering for sale of live or dead birds or of any readily recognizable parts or derivatives of birds may be authorized in accordance with the provisions of sub-regulation (6) (c) of regulation 10 in respect of the species included in Schedule III (b) to these regulations, provided that any such birds have been lawfully killed or captured or otherwise lawfully acquired. (2) Following the granting of any authorization pursuant to sub-regulation (1) hereof, the Committee established under regulation 10 shall verify at regular intervals that the conditions governing the granting of such authorization continue to be fulfilled and shall make recommendations, as necessary, to the Minister in connection therewith. (3) The importation of species of birds shall be in accordance with the provisions of these regulations and without prejudice to any other existing laws and regulations. 7. (1) Without prejudice to the provisions of regulations 8 and 9, no person shall hunt or attempt to hunt, take or attempt to take any bird by making use of any of the following methods: Import etc. restriction. Banned methods. B 1652 (a) snares, limes including birdlime, poisonous or stupefying bait, hooks or any similar substances or methods; (b) any electrocuting devices; (c) any artificial light sources, mirrors, devices for illuminating targets or any sighting devices for night shooting including an electronic image magnifier or image converter; (d) any gas, or any electric or electronic device, especially the use of pre-recorded bird calls; (e) nets, including those known as ranja, mist-nets, and any type of vertical net; (f) any kind of cage-trap, whether with a net or not; (g) decoy live birds which are blind or mutilated; (h) decoy live birds held by any means except those held by cotton string and swivel; (i) decoys of protected birds; (j) explosives; and (k) semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition: Provided that the prohibition in sub-regulation (1) of this regulation shall be without prejudice to the provisions of subparagraph (f), sub-regulation (2) of regulation 23. (2) No person shall sell, offer for sale, exhibit for sale or keep any device the use of which, is prohibited by sub-regulation (1) of this regulation: Provided that subject to the other provisions of these regulations and subject also to the provisions of any law for the time being in force in Malta, in as far as any device referred to in sub-regulation (1) of this regulation may be used for purposes other than those to which these regulations refer, the same, offering for sale, exhibition for sale, or keeping of any such device shall not be prohibited solely on the basis of this regulation. 8. (1) Notwithstanding the provisions of paragraphs (a) and (e) of regulation 4 and regulation 7, and without prejudice to the provisions of regulation 9, finches may be deliberately captured by traditional nets known as clap-nets exclusively for the purpose of keeping them in captivity in accordance with the intermediate targets provided for in the Treaty: Provided that any taking as may be allowed under this regulation and the attainment of the intermediate targets provided for in the Treaty shall be subject to any obligations arising from the said Treaty Finches. B 1653 and to any conditions and rules as may be established pursuant to sub-regulation (6) of regulation 10, in particular paragraph (b) thereof: Provided further that the nets referred to in sub-regulation (1) of this regulation shall be operated solely by human intervention without the use of electrical, electronic, or mechanical means, and the largest size of each such net shall not in any case exceed 13.75 meters by 2.75 meters (45 feet by 9 feet): Provided also that any such taking shall be carried out without the intention to kill and shall not be carried out at sea or involve hunting. (2) The Committee established under regulation 10 of these regulations shall decide on all the measures necessary in order to achieve the intermediate targets referred to in sub-regulation (1) above. The said Committee shall be assisted by the Avifauna Section within the Malta Environment and Planning Authority in accordance with regulation 11 of these regulations. 9. (1) Derogations from the provisions of regulations 4, 5, 6, 7, 18 and 21 may be authorized where there is no other satisfactory solution, for the following reasons: (a) in the interests of public health and safety; (b) in the interests of air safety; (c) to prevent serious damage to crops, livestock, forests, fisheries and water; (d) for the protection of flora and fauna; (e) for the purposes of research and teaching, of re population, of re-introduction and for the breeding necessary for these purposes; (f) to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers: Provided that in authorizing any derogations, the following must be specified: (a) the species which are subject to the derogations; (b) the means, arrangements or methods authorized for capture or killing; (c) the conditions of risk and the circumstances of time and place under which such derogations may be granted; (d) the controls which will be carried out. Derogations. B 1654 (2) The Ornis Committee established under regulation 10 of these regulations shall make recommendations to the Minister on the authorization of such derogations where it determines that the required conditions for authorizing any such derogations obtain. (3) In making any such recommendations, the Ornis Committee established under regulation 10 shall act in accordance with the provisions of this regulation. (4) The Ornis Committee established under regulation 10 of these regulations shall, each year, with the assistance of the Avifauna Section, draw up a report on the implementation of this regulation. This report shall be submitted to the Minister for his consideration by the end of June of every year. 10. (1) There shall be a committee to be known as the Ornis Committee. (2) The Ornis Committee shall be composed of not less than nine members and not more than eleven members who shall be appointed, by the Minister for a term of one year, as follows: (a) a Chairman; (b) the Director or his representative; (c) three persons known for their integrity who are independent from any organization related to bird conservation and, or hunting; (d) two members to be nominated by an organization representing persons licensed to hunt and, or, to take; (e) two members to be nominated by an organization which represents persons knowledgeable in, or working for, the protection of avifauna; (f) a person with knowledge of, and experience in avifauna; (g) a person with knowledge of and experience in hunting and taking of birds: Provided that where there is more than one organization which qualifies under regulation 2 of these regulations, to be appointed as is referred to in either subparagraph (d) or (e) of this subregulation then there shall be two members appointed in terms of each subparagraph (d) and (e) in which case, the two members appointed under the subparagraph, where there is more than one organization will be appointed as follows: Ornis Committee. B 1655 One member nominated by the organization having the most members and one member nominated by the organization having the next higher number of members: (3) (a) The committee shall be properly constituted and may function notwithstanding any failure to nominate any or all of the members mentioned in subparagraphs (d) and (e) of sub regulation (2); (b) The members referred to in subparagraphs (a), (b), (c), (d) and (e) of subregulation (2) hereof, shall each have one vote; (c) The organizations referred to in subparagraphs (d) and (e) shall hold one vote per organization; (d) The other members of the Committee shall have no vote; (e) The Minister shall appoint a person to act as Secretary of the Committee. (4) The quorum of the Ornis Committee shall consist of the Chairman and not less than half the number of voting members, provided that where any members representing the organizations referred to in paragraphs (d) and (e) of sub-regulation (2) are not nominated, the Chairman shall act on his own, after consulting both the Director and the persons mentioned in paragraph (c) of sub regulation (2) hereof. (5) Subject to the provisions of sub-regulation (4) hereof, the Chairman shall have an original vote and, where the votes are equally divided, a second or casting vote. (6) The functions of the Ornis Committee shall be to – (a) recommend to the Minister, for the species referred to in Schedule II and in accordance with the provisions of regulation 5, the open seasons during which hunting may be allowed; such recommendation shall be submitted to the Minister at least six weeks prior to the proposed start of the open season during which hunting may be allowed; (b) recommend to the Minister, for the species referred to in regulation 8 and in accordance with the provisions thereof, the open season during which taking may be allowed; such B 1656 recommendation shall be submitted to the Minister at least six weeks prior to the proposed start of the open season during which taking may be allowed; (c) make recommendations to the Minister on the authorization of derogations from the provisions of regulations 4, 5, 6, 7, 18 and 21 where necessary in accordance with the provisions of regulation 9 and subject to the conditions specified therein; Following any such decisions or decisions the Ornis Committee shall verify at regular intervals that the conditions governing the granting of such authorization or authorizations continue to be fulfilled. (d) make recommendations to the Minister on the establishment of policies and conditions in relation to the renewal of licences for the hunting of birds and the issuing of new licences for the hunting of birds, in accordance with the provisions of these regulations; (e) make recommendations to the Minister on the establishment of policies and conditions on the confirmation of licences to take and on the issuing of new licences to take as may be necessary in application of regulations 8 and 9, and in accordance with the provisions of these regulations; (f) make recommendations to the Minister on the establishment of policies relating to the enforcement of regulations; (g) make recommendations to the Minister on plans for the management of areas for the hunting and taking of birds in accordance with the provisions of these regulations; (h) make recommendations to the Minister on the establishment of policies relating to awareness programmes associated with any matter concerning these regulations; (i) recommend to the Minister the adoption of special conservation measures for the conservation of the bird species referred to in Schedule I to these regulations and for regularly occurring migratory species not included in Schedule I in accordance with the provisions of regulation 3, taking into B 1657 account their protection requirements in the geographical sea and land area of Malta; (j) draw up, as necessary, national lists of species in danger of extinction or particularly endangered species, taking into account their geographical distribution and make recommendations to the Minister in connection therewith; (k) draw up, as necessary, listings and ecological descriptions of areas particularly important to migratory species on their migratory routes and as wintering and nesting grounds and make recommendations to the Minister in connection therewith; (l) draw up, as necessary, listings of data on the population levels of migratory species as shown by ringing and make recommendations to the Minister in connection therewith; (m) develop or refine, as necessary, ecological methods for preventing the type of damage caused by birds and make recommendations to the Minister in connection therewith; (n) determine, as necessary, the role of certain species as indicators of pollution and make recommendations to the Minister in connection therewith; (o) study, as necessary, the adverse effect of chemical pollution on population levels of bird species and make recommendations to the Minister in connection therewith; (p) recommend measures to the Minister to control and monitor that the introduction of any species of bird not occurring naturally in the wild state in the European territory of the Member States of the European Union does not prejudice the Maltese flora and fauna; (q) carry out, as necessary, studies and, or assessments relating to the status of the birds mentioned in Schedules I, II and III to these regulations, which studies or assessments are to be carried out annually; (r) carry out studies relating to the taking of finches and their keeping in captivity, and make recommendations, as necessary, to the Minister in connection therewith; B 1658 (s) prepare reports related to any matter arising from these regulations; (t) draw up, every three years, with the assistance of the Avifauna Section, a comprehensive report on the implementation of these regulations. This report shall be submitted to the Minister for his consideration: Provided that as regards paragraphs (a), (b) and (c) above, the Minister shall, after having given due consideration to the recommendations submitted by the Committee and exercising his own discretion shall, by legal notice in the Gazette: (i) establish the open seasons during which hunting shall be allowed; (ii) establish the open seasons during which taking shall be allowed; (iii) decide on whether or not to authorize derogations from the provisions of regulations 4, 5, 6, 7, 18 and 21 and the conditions under which any such derogations are to be exercised: So however that if, when in acting under this proviso, there exists substantial divergence between the recommendations of the Committee and the decision or decisions taken by the Minister, the Minister shall state in writing to the Committee the reasons for his decision within three weeks from the publication of such decisions in the Gazette. (7) The Ornis Committee may, with the Minister’s consent, delegate to the Director any of such functions as are referred to in sub-regulation (6) of this regulation: Provided that in exercising any of the functions so delegated, the Director shall act in accordance with the provisions of these regulations. (8) The Ornis Committee shall inform the Minister about its deliberations and decisions and shall transmit to him a copy of the minutes of the meetings. 11. (1) There shall be a unit within the Malta Environment and Planning Authority, to be styled the Avifauna Section, which shall be charged with implementing the decisions of the Ornis Committee. The Section shall also act as Secretariat to the Committee established under regulation 10 of these regulations and shall assist this Committee in the performance and carrying out of its functions. Avifauna Section. B 1659 (2) The Section shall act under the day to day control and direction of the Director: Provided that in exercising any of his functions under these regulations, the Director shall act in accordance with the provisions of these regulations. (3) The Director shall be responsible for the issuing of licences under these regulations, so however that (a) the Commissioner may, on grounds of public policy and, or, of law and order, inform the Section that an individual should not be issued with such licence; and (b) no new licences to take shall be issued before the 31st December, 2007. (4) The Director may not renew a licence unless and until the permit of the previous year is handed over to the Ornis Committee within ten working days from when the organization representing persons to hunt and, or to take receives the permit concerned. (5) Where decisions are taken by the Ornis Committee as provided for in these regulations, such decisions shall, without prejudice to paragraph (a) of sub-regulation (3) hereof and of any other law, be binding on the Director and any other person entrusted with the implementation of these regulations. (6) Without prejudice to the provisions of paragraphs (a) and (b) of sub-regulation (3) hereof, whosoever feels aggrieved by the decision of the Director not to issue a particular licence, may appeal to the Ornis Committee within fifteen working days from the date when such decision is communicated to the applicant. (7) Such appeal shall be lodged with the Secretary of the Committee in writing, who shall acknowledge such receipt of the appeal in writing. (8) In determining such appeal, the Ornis Committee may regulate its own procedure and shall give an opportunity to both the Director and the appellant to present their views orally or in writing. For the purpose of such appeals the Director shall not sit on the Ornis Committee. The decisions of the Ornis Committee shall be final and conclusive. B 1660 12. (1) Without prejudice to the provisions of any other law no person shall hunt or attempt to hunt, take or attempt to take by any means any birds as permitted in accordance with the provisions of these regulations, unless such person is in possession of a valid licence as applicable, issued by the Director, and such person satisfies all the conditions specified in the licence and in any other law: Provided that any such licence shall be issued in accordance with and subject to the provisions of these regulations and of any policies and conditions as may be established pursuant to sub regulation (6) of regulation 10. (2) Any person who applies for a licence may be asked to sit for a practical examination to determine his knowledge on the use and safe carrying of fire-arms and his ability to identify birds and his knowledge of regulations for the conservation of wild birds. (3) Unless the Commissioner and, or the Director has valid reasons to the contrary, and subject to the provisions of regulation 8, whosoever is included in the register of persons who had a licence for the taking of birds valid up to the end of July 2002, shall have his licence for the taking of birds renewed after such date: Provided that any such renewal shall be made in accordance with and subject to the provisions of these regulations and of any policies and conditions as may be established pursuant to sub regulation (6) of regulation 10. (4) The Director shall ensure that before a licence is granted or renewed under these regulations, the applicant shall have complied with the conditions listed in Schedule VI to these regulations. (5) (a) Such person as is licensed to hunt and, or take, shall hand over the permit for the previous year to the organization of persons licensed to hunt and, or take birds of which he is a member between the 1st and the 31st January of every year; (b) All new licences or renewals of licences shall be issued by the end of February of every year and shall be valid for one year expiring on the last day of February of the following year. (6) Every person who obtains a permit for the hunting and the taking of birds under these regulations shall participate in Permit to hunt and the take birds. B 1661 the census or any other study organised by the Ornis Committee and to answer to any question as part of the same census or study. 13. (1) No person may practise any activity for which a licence is required under these regulations unless he has effected the relative payments stipulated under these regulations, and the relative licences have been issued in his favour, in accordance with the conditions stipulated under Schedule VI to these regulations. (2) A permit cannot be renewed unless the person licensed to hunt and, or to take, hands over the permit for the previous year to the organization of which he is a member. (3) The organization shall, within ten working days from when it receives such permit for the previous year, hand over the permit to the Ornis Committee. (4) Subject to the provisions of these regulations, no person can renew his licence to hunt and, or take birds unless he faithfully lists in the appropriate part of the carnet de chasse, the birds that he has hunted and, or taken each week, by Monday of the week following the week in which the birds are hunted or taken. 14. (1) No person in search or in pursuit of game 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, land, tenement or other enclosure which is sown or planted or in which there are vegetables or fruits that are yet unpicked or unplucked. 15. Unless the contrary is proved, any person who between two hours before sunrise and two hours after sunset, or during any closed season, is found in the open countryside, whether on his own land or on land belonging to some other person, or outside such land, or is found at sea carrying a fire-arm or ammunition for taking game, shall be deemed to be in the actual search for or pursuit of game. 16. No person shall: (a) carry a fire-arm, in search for or pursuit, or hunt or attempt to hunt any bird as permitted in accordance with these regulations, or Payment of licence fees. Entry restrictions. Prohibited times and seasons. Person to carry documents while hunting, taking. B 1662 (b) take or attempt to take any bird as permitted in accordance with these regulations, unless he is carrying with him his identity card 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 days he produces to the police such document at the place indicated to him by them. 17. No person shall at any time keep or carry a fire-arm which is loaded, or with cartridges in its magazine, or out of its case, unless at a place where shooting of game is allowed. 18. (1) Without prejudice to regulation 9, no person shall: (a) during the closed season for the hunting of birds not at sea, hunt or attempt to hunt any bird, or carry ammunition or a fire-arm outside its case; (b) during the open season for the hunting of birds not at sea, hunt or attempt to hunt any bird not included in Schedule II to these regulations; (c) during the closed season for the taking of birds as may be permitted in accordance with these regulations, take or attempt to take any bird; (d) during the open season for the taking of birds as may be permitted in accordance with these regulations, take or attempt to take any bird at sea; (e) during the closed season for the hunting of birds at sea, carry while at sea (other than while crossing between Malta and Gozo by public transport), any ammunition or any fire-arm licensed for game hunting; (f) during the open season for the hunting of birds at sea: (i) hunt or attempt to hunt, at sea, any bird which is not included in Schedule II to these regulations; Fire-arm to be loaded etc. only on hunting ground. Further prohibitions. B 1663 (ii) hunt or attempt to hunt at sea (aa) within, or less than, three kilometers from the coastline, from a boat or any sea-craft, or (bb) beyond three kilometers from the coast from a boat or sea-craft which is being driven at more than 5 kilometers per hour: Provided that on the open sea, for safety reasons, the use of a boat or sea-craft with a maximum speed of 18 kilometers per hour may be authorized for hunting; (iii) carry at sea, within a distance of three kilometers from the coastline, a fire-arm licensed for hunting game which is loaded, or has cartridges in the magazine, or is out of its case; (iv) hunt or attempt to hunt from any sea-craft which is not registered with the competent authorities; (v) hunt or attempt to hunt from any sea-craft unless in possession of a licence for that purpose from the Commissioner; (vi) be in possession, while at sea, of any bird, dead or alive, or part of any bird, not included in Schedule II to these regulations and any person who is found in possession of any bird or part of any bird not included in Schedule II will be presumed to have hunted, caught or taken such bird in violation of these regulations, unless the contrary is proved; (vii) launch, and haul on land, sea-craft used for hunting birds at sea other than from those places indicated in the licence mentioned in subparagraph (v) of this paragraph; (g) no person shall, while in or on any motor vehicle or aircraft, be in possession of any fire-arm which is loaded or outside its case, or go in pursuit of any bird, or hunt or attempt to hunt, take or attempt to take any bird. (2) (a) No person shall carry a fire-arm, whether loaded or not, that is not in its case, or discharge any fire-arm, while within 200 meters from any town or village, or other inhabited B 1664 area, or within a distance of 50 meters from main or arterial roads: Provided that this distance of 50 meters shall not apply in the case of secondary roads and country lanes: Provided further that the fire-arm is not aimed in the direction of the road, whether main, arterial, secondary or a country lane. (b) No person shall be in possession of any fire-arm, licenced for hunting game, which has a magazine capable of holding more than two shots at any time. 19. (1) No person shall, between two hours after sunset and two hours before sunrise of the next following day, hunt or attempt to hunt, take or attempt to take any bird by any means, or carry a fire-arm which is loaded, or out of its case. (2) No person shall hunt or attempt to hunt any bird by any means on Sundays and Public Holidays after 1 o’clock in the afternoon (1.00 p.m). 20. No person shall: (a) keep or confine any bird whatsoever in any cage or other receptacle which is less than 250mm in height, 250mm in length and 150mm in breadth, and which, considering the size of the bird, is not large enough to permit the bird to stretch its wings freely: Provided that this paragraph shall not apply to poultry or to the keeping or confinement of any bird – (i) while such bird is undergoing treatment by a veterinary surgeon; (ii) during the open season for taking when the cage should not be less than 190mm in length, 130mm in breadth and 120mm in height; (b) promote, permit, assist or take part in any event whatsoever in the course of which captive birds are liberated for the purpose of being shot at on their release. Time restrictions. Space restrictions. B 1665 21. (1) Subject to the provisions of these regulations, no person shall stuff or mount any bird or act as a taxidermist, whether for commercial purposes or for a personal purpose, or be in possession of tools, chemicals or other equipment which is used or is normally used for taxidermy, without a licence issued by the Director. (2) Without prejudice to the provisions of regulation 9 hereof, no taxidermist shall mount or stuff any bird except those which are included in Schedule III to these regulations. (3) Every taxidermist shall keep a register in which he shall clearly indicate against the date of entry the owner of any bird or birds, his address and identity card number, the type of species of bird or birds to be stuffed, which details are to be endorsed by the owner himself. (4) Any bird found in the possession of a taxidermist in contravention of sub-regulation (3) of this regulation, shall be deemed to be the sole property of such taxidermist. (5) Without prejudice to the provisions of regulation 9 hereof, it shall not be lawful for any person to possess any stuffed bird or birds whose species is not included in Schedule III to these regulations and which have not been registered with the Section within the time prescribed in sub-regulation (6) hereof. (6) Any person who has in his possession any stuffed bird or birds, as referred to in sub-regulation (5) hereof, that were not registered before such date as the Minister may prescribe, shall register an application with the Director so that the Director may issue an official certificate listing the stuffed birds in such person’s possession, and no action shall be taken under these regulations or under any other law, against persons who apply before such date. (7) The application mentioned in sub-regulation (6) of this regulation shall list the stuffed birds in such a way that the Director may issue an official certificate listing the stuffed birds in the applicant’s possession. (8) The certificate shall only be issued after the confirmation of the number and the identification by the Director of the species of stuffed birds which are in the applicant’s possession. Taxidermy. B 1666 (9) No person may falsify any identification device made by the Director, relating to any stuffed bird, for the purposes of this regulation. 22. No person shall sell, offer for sale, carry, be in possession of, hunt or use, import or manufacture any cartridge loaded with lead shots of any size greater than 3.2 mm in diameter. 23. (1) Notwithstanding the provisions of paragraphs (a) and (e) of regulation 4, bird-ringers may take any bird for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes. (2) Bird-ringers may only take birds subject to the following conditions: (a) no person shall act as a bird-ringer without a licence from the Director issued to him in accordance with the provisions of these regulations; (b) no person other than a bird-ringer shall take any bird for the purpose of ringing or marking it; (c) no person may use any ring on any bird other than a ring approved by the Director; (d) a bird-ringer may take any bird for ringing or marking at any time of the day or of the year, and may also take such bird for such purpose in a bird sanctuary; (e) a bird-ringer who takes a bird to ring or mark it shall release it immediately he has so ringed or marked it and taken the necessary information; (f) notwithstanding the provisions of paragraphs (d) and (e) of sub-regulation (1) of regulation 7, a bird-ringer who takes a bird to ring or mark it, or to examine any ring or mark on the bird, may, for this purpose, use mist-nets, pre-recorded bird calls or any other means, arrangements or methods as may be authorized in accordance with the provisions of sub-regulation (6) (c) of regulation 10 of these regulations. (3) Mist-nets are to be imported with the approval of the Director, who shall keep a record of bird-ringers who use them, as well as the number of mist-nets in their possession. Lead shot size. Bird-ringing. B 1667 (4) No bird-ringer can use live birds as decoys. (5) Besides the licence mentioned in paragraph (a) of sub regulation (2) of this regulation, an applicant shall: (a) have a training certificate from a ringing scheme which is accepted by EURING – The European Union for Bird Ringing; (b) have the approval for a licence from a bird ringing scheme recognized by EURING; (c) not be in possession of a licence to hunt and, or, to take. 24. Except as provided in paragraph (d) of sub-regulation (2) of regulation 23 of these regulations no person: (a) shall hunt, injure, take or try to hunt, injure or take any bird in a bird sanctuary; (b) shall, at any time and by any means whatsoever, have in his possession or under his control any bird, dead or alive, or part of a bird, in a bird sanctuary; (c) shall have in his possession or under his control, any fire-arm, ammunition, decoys, net or any other means to hunt, or take any bird in a bird sanctuary: Provided that the foregoing shall not apply to any person licensed to hunt or to take 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 taking birds while passing through the main roads of a bird sanctuary. 25. (1) The Director may order the owner, tenant or other person who is making use of, or is in possession of land on which any hide or other hiding place intended to be used for shooting or taking of birds has been constructed or built, to demolish, within such time as the Director may determine, any such hide or other hiding place if it has been so constructed or built in a bird sanctuary, or within the limits indicated in paragraph (a) of sub-regulation (2) of regulation 18 of these regulations. Bird sanctuaries. Demolition of hides. B 1668 26. Nothing in these regulations is intended to affect clay pigeon shooting organized by shooting clubs registered with the Commissioner and held according to a licence and conditions laid down by the Commissioner, provided that all participants are in possession of a licence to carry a fire-arm. PART II 27. (1) Any person: (a) who 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) who contravenes any restriction, prohibition or requirement imposed by or under these regulations; or (c) who acts in contravention of any provision of these regulations; or (d) who conspires or attempts, or aids, abets, counsels or procures 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 these regulations, shall be guilty of an offence against these regulations. (2) Any person who commits an offence against regulations 4 (b), 18 (1)(f)(ii)(aa) and 24 (1) of these regulations shall be liable: (a) on a first conviction to a fine (multa) of not less than fifty Maltese liri (Lm50) but not exceeding one thousand Maltese liri (Lm1,000) and the confiscation of the corpus delicti. The Court may also order the suspension of the licence or permit for a period of not less than one year; (b) on a second or subsequent conviction, to a fine (multa) of not less than one hundred Maltese liri (Lm100) but not exceeding two thousand Maltese liri (Lm2,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment and also the confiscation of the corpus delicti. The Court may also order the suspension of the licence or permit for a period of not less than one year but not exceeding three years. Exclusion of clay pigeon shooting. Offences and penalties. B 1669 (3) Any person who commits an offence against any other regulation not mentioned in sub-regulation (2) of this regulation, shall be liable: (a) on a first conviction to a fine (multa) of not less than fifty Maltese Liri (Lm50) but not exceeding five hundred Maltese liri (Lm500); (b) on a second or subsequent conviction, to a fine (multa) of not less than one hundred Maltese liri (Lm100) but not exceeding one thousand Maltese liri (Lm1,000) 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. The Court may also order the suspension of the licence or permit for a period of not less than one year but not exceeding three years: Provided that any person who commits an offence against any other regulation not mentioned in sub-regulation (2) of this regulation, which offence involves any bird included in Schedule I to these regulations, shall be liable to a punishment according to sub-regulation (2) of this regulation. (4) Notwithstanding the provisions of section 370 of the Criminal Code, proceedings for an offence against these 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 of criminal judicature. (5) 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. PART III 28. Where any person or body responsible for the performance of these regulations fails to perform any tasks or functions as are assigned to it under these regulations within the prescribed time period, if any, the Minister may proceed to take action as he may deem expedient, without prejudice to the possibility of making any charges upon the performance by such person or body of the tasks or functions assigned to it. Omissions by responsible persons. B 1670 29. Save for the definition of “closed season” and the provisions regulating the wild rabbit, the Protection of Birds and Wild Rabbit Regulations, 1993 are hereby repealed: Provided that the definition of “closed season” of the Protection of Birds and Wild Rabbit Regulations, 1993 shall continue to apply until and including the 22nd May 2006: Provided further that, with the exception of sub-regulations (6), (7) and (8) of regulation 2B of the Protection of Birds and Wild Rabbit Regulations, 1993, where in any provision regulating the wild rabbit in the Protection of Birds and Wild Rabbit Regulations, 1993 there is a reference to the Ornis Committee, any such reference shall be construed as a reference to the Director: Provided also that notwithstanding its repeal – (a) anything that has lawfully been done by virtue of the Protection of Birds and Wild Rabbit Regulations, 1993 shall remain in force, except insofar as it is inconsistent with any of the provisions of these regulations; (b) any liability to any penalty under any of the provisions of the Protection of Birds and Wild Rabbit Regulations, 1993 shall continue to subsist notwithstanding the repeal of the said regulations. Repeals L.N. 146 of 1993 and saving other provisions. B 1671 SCHEDULE I GAVIIFORMES Gaviidae Gavia stellata Gavia arctica Gavia immer PODICIPEDIFORMES Podicipedidae Podiceps auritus PROCELLARIIFORMES Procellariidae Pterodroma madeira Pterodroma feae Bulweria bulwerii Calonectris diomedea Puffinus puffinus mauretanicus (Puffinus mauretanicus) Puffinus yelkouan Puffinus assimilis Hydrobatidae Pelagodroma marina Hydrobates pelagicus Oceanodroma leucorhoa Oceanodroma castro PELECANIFORMES Pelecanidae Pelecanus onocrotalus Pelecanus crispus B 1672 Phalacrocoracidae Phalacrocorax aristotelis desmarestii Phalacrocorax pygmeus CICONIIFORMES Ardeidae Botaurus stellaris Ixobrychus minutus Nycticorax nycticorax Ardeola ralloides Egretta garzetta Egretta alba (Ardea alba) Ardea purpurea Ciconiidae Ciconia nigra Ciconia ciconia Threskiornithidae Plegadis falcinellus Platalea leucorodia PHOENICOPTERIFORMES Phoenicopteridae Phoenicopterus ruber ANSERIFORMES Anatidae Cygnus bewickii (Cygnus columbianus bewickii) Cygnus cygnus Anser albifrons flavirostris Anser erythropus Branta leucopsis B 1673 Branta ruficollis Tadorna ferruginea Marmaronetta angustirostris Aythya nyroca Polysticta stelleri Mergus albellus (Mergellus albellus) Oxyura leucocephala FALCONIFORMES Pandionidae Pandion haliaetus Accipitridae Pernis apivorus Elanus caeruleus Milvus migrans Milvus milvus Haliaeetus albicilla Gypaetus barbatus Neophron percnopterus Gyps fulvus Aegypius monachus Circaetus gallicus Circus aeruginosus Circus cyaneus Circus macrourus Circus pygargus Accipiter gentilis arrigonii Accipiter nisus granti Accipiter brevipes Buteo rufinus Aquila pomarina Aquila clanga Aquila heliaca Aquila adalberti Aquila chrysaetos Hieraaetus pennatus Hieraaetus fasciatus B 1674 Falconidae Falco naumanni Falco vespertinus Falco columbarius Falco eleonorae Falco biarmicus Falco cherrug Falco rusticolus Falco peregrinus GALLIFORMES Tetraonidae Bonasa bonasia Lagopus mutus pyrenaicus Lagopus mutus helveticus Tetrao tetrix tetrix Tetrao urogallus Phasianidae Alectoris graeca saxatilis Alectoris graeca whitakeri Alectoris barbara Perdix perdix italica Perdix perdix hispaniensis GRUIFORMES Turnicidae Turnix sylvatica Gruidae Grus grus Rallidae Porzana porzana Porzana parva Porzana pusilla B 1675 Crex crex Porphyrio porphyrio Fulica cristata Otididae Tetrax tetrax Chlamydotis undulata Otis tarda CHARADRIIFORMES Recurvirostridae Himantopus himantopus Recurvirostra avosetta Burhinidae Burhinus oedicnemus Glareolidae Cursorius cursor Glareola pratincola Charadriidae Charadrius alexandrinus Charadrius morinellus (Eudromias morinellus) Pluvialis apricaria Hoplopterus spinosus Scolopacidae Calidris alpina schinzii Philomachus pugnax Gallinago media Limosa lapponica Numenius tenuirostris Tringa glareola Xenus cinereus (Tringa cinerea) Phalaropus lobatus B 1676 Laridae Larus melanocephalus Larus genei Larus audouinii Larus minutus Sternidae Gelochelidon nilotica (Sterna nilotica) Sterna caspia Sterna sandvicensis Sterna dougallii Sterna hirundo Sterna paradisaea Sterna albifrons Chlidonias hybridus Chlidonias niger Alcidae Uria aalge ibericus PTEROCLIFORMES Pteroclididae Pterocles orientalis Pterocles alchata COLUMBIFORMES Columbidae Columba palumbus azorica Columba trocaz Columba bollii Columba junoniae B 1677 STRIGIFORMES Strigidae Bubo bubo Nyctea scandiaca Surnia ulula Glaucidium passerinum Strix nebulosa Strix uralensis Asio flammeus Aegolius funereus CAPRIMULGIFORMES Caprimulgidae Caprimulgus europaeus APODIFORMES Apodidae Apus caffer CORACIIFORMES Alcedinidae Alcedo atthis Coraciidae Coracias garrulus PICIFORMES Picidae Picus canus Dryocopus martius Dendrocopos major canariensis B 1678 Dendrocopos major thanneri Dendrocopos syriacus Dendrocopos medius Dendrocopos leucotos Picoides tridactylus PASSERIFORMES Alaudidae Chersophilus duponti Melanocorypha calandra Calandrella brachydactyla Galerida theklae Lullula arborea Motacillidae Anthus campestris Troglodytidae Troglodytes troglodytes fridariensis Muscicapidae (Turdinae) Luscinia svecica Saxicola dacotiae Oenanthe leucura Oenanthe cypriaca Oenanthe pleschanka Muscicapidae (Sylviinae) Acrocephalus melanopogon Acrocephalus paludicola Hippolais olivetorum Sylvia sarda Sylvia undata Sylvia melanothorax Sylvia rueppelli Sylvia nisoria B 1679 Muscicapidae (Muscicapinae) Ficedula parva Ficedula semitorquata Ficedula albicollis Paridae Parus ater cypriotes Sittidae Sitta krueperi Sitta whiteheadi Certhiidae Certhia brachydactyla dorotheae Laniidae Lanius collurio Lanius minor Lanius nubicus Corvidae Pyrrhocorax pyrrhocorax Fringillidae (Fringillinae) Fringilla coelebs ombriosa Fringilla teydea Fringillidae (Carduelinae) Loxia scotica Bucanetes githagineus Pyrrhula murina (Pyrrhula pyrrhula murina) Emberizidae (Emberizinae) Emberiza cineracea Emberiza hortulana Emberiza caesia B 1680 SCHEDULE II ANSERIFORMES Anatidae Anser fabalis Anser anser Anas penelope Anas strepera Anas crecca Anas platyrhynchos Anas acuta Anas querquedula Anas clypeata Aythya ferina Aythya fuligula Mergus serrator GALLIFORMES Phasianidae Coturnix coturnix GRUIFORMES Rallidae Rallus aquaticus Gallinula chloropus Fulica atra CHARADRIIFORMES Charadriidae Pluvialis apricaria Pluvialis squatarola Vanellus vanellus B 1681 Scolopacidae Philomachus pugnax Lymnocryptes minimus Gallinago gallinago Scolopax rusticola COLUMBIFORMES Columbidae Columba palumbus Streptopelia turtur PASSERIFORMES Aluadidae Alauda arvensis Turdidae Turdus merula Turdus pilaris Turdus philomelos Turdus iliacus Turdus viscivorus Sturnidae Sturnus vulgaris B 1682 SCHEDULE III Schedule III (a) ANSERIFORMES Anatidae Anas platyrhynchos GALLIFORMES Tetraonidae Lagopus lagopus lagopus, scoticus et hibernicus Phasianidae Alectoris rufa Alectoris barbara Perdix perdix Phasianus colchicus COLUMBIFORMES Columbidae Columba palumbus B 1683 Schedule III (b) ANSERIFORMES Anatidae Anser albifrons albifrons Anser anser Anas penelope Anas crecca Anas acuta Anas clypeata Aythya ferina Aythya fuligula Aythya marila Somateria mollissima Melanitta nigra GALLIFORMES Tetraonidae Lagopus mutus Tetrao tetrix britannicus Tetrao urogallus GRUIFORMES Rallidae Fulica atra CHARADRIIFORMES Charadriidae Pluvialis apricaria Scolopacidae Lymnocryptes minimus Gallinago gallinago Scolopax rusticola B 1684 SCHEDULE IV Carnet de Chasse The Carnet de Chasse is a document that shall be entitled Carnet de Chasse and will be specifically indicating the year in which it can be used. The Carnet de Chasse will be issued each year The Carnet de Chasse shall contain the list of all huntable bird species The Carnet de Chasse shall contain the weeks and months, of that year for which the Carnet de Chasse has been issued, within which the hunters have hunted and/or taken the birds specified within the list of huntable species. The hunter is to indicate, on the Carnet de Chasse, the total amount of birds hunted and/or taken within each week of every month in which hunting is allowed and also the total of birds hunted and/or taken for the whole of that year. Each hunter is to indicate on the Carnet de Chasse whether he/she hunts from land or at sea. Each hunter is also to indicate appropriately in the eventuality that the hunter has not hunted and/or taken any bird throughout the specific year indicated on the Carnet de Chasse. Each hunter is to note his/her full name and surname, together with the address of the hunter’s residence and the identity card number on the same Carnet de Chasse for reference purposes. B 1685 SCHEDULE V Bird Sanctuaries The surround ings of the Addolorata Cemetery as per site plan attached to these regu lations and within 50 metres of any other cemetery in Malta and Gozo. 2. The surroundings of Kennedy Grove and Salina area, as per site plan attached to these regulations. 3 Marsa Sports Ground, as per site plan attached to these regulations. 4. San Anton Gardens and all other public Gardens in Malta and Gozo. 5. Portes-des-Bombes area including surrounding bastions, as per s ite plan attached to these regulati0ns. 6. Manoel lsland. 7 The surroundings of Ghadira, at Mellieha Bay, as per site plan attached to these regulations. 8. The Heliport at Ta' Lambert. limits of Ghajns1elem and Xewkija, Gozo, and the surrounding areas up to 200 metres, as per site plan attached to these regulations. 9 W ithin 200 n~etres from Luqa Airport and within 50 metres of the approach lights indicating the runways IO The island of Comino. I I. The islet of Filf1a. 12. The surroundings of Buskett gardens and Verda la Palace, as per site plan attached to these regulations. 13. The area on the heights of Ta' Cenc Cl iffs, Gozo, as per site p lan attached to these regula1tons 14. Ta· Qali complex, including th e area fom1erly used as areodrome and its adjacent land, as per site plan attached to these regulations. l 5 . Within 50 me(res of the Radio stations uperated by the Department of Civil Aviation at: (a) Benghajsa. limits of Birzebbugia. B 1686 (b) Dingli Heights, limits ofDingli. (c) Wied Rini, limits ofRabat. (d) Non-directional Beacon, Fort St. Rocco, limits of Rinella. (e) VOR Station, it-Tafal, limits of Kercem, Gozo. l 6. The surroundings of Simar, at Pwales Bay, St Paul 's Bay, as per site plan attached to these regulations. l 7 . The surroundings of the Salt Marsh at il-Ballut, Marsaxlokk, as per site plan attached to these regulations. 18. St. Paul 's Islands. 19. Girgenti, as per site plan attached to these regulations. 20. Wied Ghollieqa, as per site plan attached to these regulations 21 . Il-Qawra, Gozo, as per site plan attached to these regulations. 22. Ghammar Hill , Goza , as per site plan attached to these regu lations. B 1687 / f[) '\ / , -"':... .. y~~., . ,:~ ~-'- ,~ .......... ""' y"~ ~ , " .· ,,,,;- ' ~~ ~:: UJ>-=b,r.,;l;ni / .•; ~ I ,:::::~ \ ""'"nrl'"111J1U1..,..,a -~. ~v I \ ~ . ,,,,,....,,..,. ~,":j\~l~":tik~1~~ ;<1111{ o :.,-- '{ ; .. . ----- ' , .-- 1~; i, f , ·/ .Jr 1, , '" •,w· , "' / ; . \ ~!:'. - ,----..J . .. ·/\t -- /,✓ ;...{~\\\ ,--<> / /' / ' ,. ,, , e ' ., /t·, \ ~ \ , V ;.. --......... I I \ . ·"n· /1/; ~p ·- - ;-, -· ~\\~ -~1 \ J ,, /I~ . '):-~~~ ...... .J., ..... (~-'" --~- \' - ,,, .· ' .,,,, . ., . , ~ A0 ,--\';',:.'.,,.-,:< / . \ . . -:C.-.---:::..--=-----,-(j ~ ~/ \. ' .. .,,.--...,. l '--. ~ , . . "'=~, ~, I ·, ,, "S .. ~:~: : :'- - . '~µ,., \ ~~ "~\', ~ta--M•~... -;; -~;--, ,.-.. .· - -~-~=-~, \ '\ \. ; I - • • 'I 0 ,. , , . . -; ,i •r-~-- , : , . ·1a· ta' Mal ..... / \ \ L-Awton I ~/ ; ' Malta £nvlfonm "'"- --~.. ~--- PA <I · .. \ -.. / :' .· B 1688 ve & Salina Are 77 B 1689 ,-, :..: :fi:J::~~ , e.\ , -,, ·;':'t . ; ") -·· J , ,-f :~;1"'-.::1 :i/ . ' ,. :r,::.·i----c.'-..- ---·-· .·,. '9- . :: .,: ; - \\ i: :::'. ;:: ""'"~ -- ,, >zl , 0, '-- -.L - ! j . ,. . . ..,,, - .... J o""' .. -.. ------- .. - . sh, "'\,:,-:, ,,,:"~ .. o ·• · ,,,, , . . . .· tA . 1/ ~\- ~r= ---~ . . . . 141•£.-/ - \ ·. . === ~ , ,, ~ ,, . ,..: .... ...... .::: .,..,,, .. ....... ........ :: : = = =:~ -,, · : n,·--- . ' B 1690 .. ' /// t'.... ,'=' ;f') CJ I '( \ I (' (,J YI r ,1 \<? o-- V ;c:J d(-1<~: ~~~£~~~ ~- ~"" ' ;.c,(~~ Cy·'/ ,, ' ~ I I '· . , \ C> .. I \ ,? ✓-, \..,CJC> &I \ J ~~ ",7': c::.i o\ ~-"~'\.<) : I ! ] VJ CJ (,J :-,(~ "\ .(,J r:;, I t ' .,.. '---'-' (,J ('I ,. c:, l, I J - , (,J Ci GI ~ f ✓ 1/ CJ C:J CJ (' ~ " ,,.. / --- ~ ,• 1...-J C >--- --:, O ,,€23 l ,,.. ~-1 1...-J (,J ,,.. - - C'J" -0 0 ~ , /--~ , , C:i CJ - - CJ C:J CJ-- - - ° CJ c~ ' ' 6}-. CJ r:;, " '---', C:l ,, , C - - - L') G :J C:J CJ - ---G . . o O r, r . • 1 r, ' . v, ,; l: '- ) '---'-' CJ r:;, ~ ,·,CJO ,--,.c-----~--- 0 c, r . .. " c,~-, . vJ C; 0 G ,@ ' 0 CJ O ' . 1 0 <?r-lo . ,, 8 0 C; C ,; C• r, r, • J J '---"'.> CJ I CJ O C ,Co O GJ , • CJ o I C:Ji .P o o , ,.,, \~ 0 o o .,"!P~· ·, (,J c---- ,,) , ' ' . ~ 0/, B 1691 .., 1 / I,, B 1692 Ta' Lamhert Heliport, Gozo S.S. No3487 \. I \ \ I e o ..... I l \ // \ I I I... I I ..... I I I I I I I f/ i <.. 11 I --.. I I I lt<iJJ ':>.. ' '---... . ~ ·~ ~: '\ ,~. I . C I I . . r r • L-AW1orita' ta' Malta Dwar 1-Ambjent u 1-lppjanat Malta Environment & Planning Authonty M A hap:llwK .. ,mepa.org.mt B 1693 B 1694 0 100 200 1 1,.Awtorila' ta' M•lta Owar 1-Arnb;ent u I I . , • ppJanar M&lta Eo · M PA =eat & Plano.i.og Authority meters llllp:llwww.mq,a.org.mt B 1695 B 1696 B 1697 Salt Marsh at il-Ballut, r Marsaxlokk S.S. No 5866 0 100 200 meters ~\ ff; I '~, r 8 l,.Awtorita' ta' Malta Dwar 1-~bjeot u 1-lppjaoar Malta Eovironmeot & Planning Authority M h1tp:llwww.mq,a.org. ml B 1698 B 1699 .•. ·,~;:!"· I , .... ,. '?, 0, -· ,( .,,, :· =-= ::;: IJ. .-- - B 1700 0 100 meters • l,-Awtoriu' u,' Malta Dwar 1-Antbjent u 1- lppjanar 2 Malta E.ovironment & Planning Authority htrp:/lwww.mq,a.org.mL B 1701 B 1702 SCHEDULE VI Licence Conditions I. No person may be issued with a licem.:e, or have his licence renewed, unless, such person has (a) paid for and obtained the necessary licence.~ required under Part XV of the Code of Police Laws; (b) effected all the necessary payments in rel,llion thereto; (c) holds an insurance policy against third party risks to persons or damage to prope1ty. (d) in the case of licence rcne\val, handed over the permit for the previous year to the organization 0f which he is a member 2. The licences issued under these regulations shall include the following de1,1i ls ( a) in the case of licences for the hunting and/or taking of birds, the number and species of birds that may be hunted and/or taken each week , (b) in the case of th!:! I icencc for the taking of birds, t he area where the 'site for Laking' ( mansab) is located, (c) proof indicating that the applicable firearm licence and the rela1ive insurance cover havt:: been paid; and (d) proofth,111he licensee is a member of the organization to whid1 he has handed over the permit as specified in sub-paragraph (d) of paragraph l of this Schedule. B 1703 SCHEDULE VII GAVIIFORMES Gaviidae Gavia stellata Gavia arctica Gavia immer PODICIPEDIFORMES Podicipedidae Podiceps auritus PROCELLARIIFORMES Procellariidae Pterodroma madeira Pterodroma feae Bulweria bulwerii Calonectris diomedea Puffinus puffinus mauretanicus (Puffinus mauretanicus) Puffinus yelkouan Puffinus assimilis Hydrobatidae Pelagodroma marina Hydrobates pelagicus Oceanodroma leucorhoa Oceanodroma castro PELECANIFORMES Pelecanidae Pelecanus onocrotalus Pelecanus crispus Phalacrocoracidae Phalacrocorax aristotelis desmarestii Phalacrocorax pygmeus B 1704 CICONIIFORMES Ardeidae Botaurus stellaris Ixobrychus minutus Nycticorax nycticorax Ardeola ralloides Egretta garzetta Egretta alba (Ardea alba) Ardea purpurea Ciconiidae Ciconia nigra Ciconia ciconia Threskiornithidae Plegadis falcinellus Platalea leucorodia PHOENICOPTERIFORMES Phoenicopteridae Phoenicopterus ruber ANSERIFORMES Anatidae Cygnus bewickii (Cygnus columbianus bewickii) Cygnus cygnus Anser albifrons flavirostris Anser erythropus Branta leucopsis Branta ruficollis Tadorna ferruginea Marmaronetta angustirostris Aythya nyroca Polysticta stelleri Mergus albellus (Mergellus albellus) Oxyura leucocephala B 1705 FALCONIFORMES Pandionidae Pandion haliaetus Accipitridae Pernis apivorus Elanus caeruleus Milvus migrans Milvus milvus Haliaeetus albicilla Gypaetus barbatus Neophron percnopterus Gyps fulvus Aegypius monachus Circaetus gallicus Circus aeruginosus Circus cyaneus Circus macrourus Circus pygargus Accipiter gentilis arrigonii Accipiter nisus granti Accipiter brevipes Buteo rufinus Aquila pomarina Aquila clanga Aquila heliaca Aquila adalberti Aquila chrysaetos Hieraaetus pennatus Hieraaetus fasciatus Falconidae Falco naumanni Falco vespertinus Falco columbarius Falco eleonorae Falco biarmicus Falco cherrug Falco rusticolus Falco peregrinus B 1706 GALLIFORMES Tetraonidae Bonasa bonasia Lagopus mutus pyrenaicus Lagopus mutus helveticus Tetrao tetrix tetrix Tetrao urogallus Phasianidae Alectoris graeca saxatilis Alectoris graeca whitakeri Alectoris barbara Perdix perdix italica Perdix perdix hispaniensis GRUIFORMES Turnicidae Turnix sylvatica Gruidae Grus grus Rallidae Porzana porzana Porzana parva Porzana pusilla Crex crex Porphyrio porphyrio Fulica cristata Otididae Tetrax tetrax Chlamydotis undulata Otis tarda B 1707 CHARADRIIFORMES Recurvirostridae Himantopus himantopus Recurvirostra avosetta Burhinidae Burhinus oedicnemus Glareolidae Cursorius cursor Glareola pratincola Charadriidae Charadrius alexandrinus Charadrius morinellus (Eudromias morinellus) Hoplopterus spinosus Scolopacidae Calidris alpina schinzii Philomachus pugnax Gallinago media Limosa lapponica Numenius tenuirostris Tringa glareola Xenus cinereus (Tringa cinerea) Phalaropus lobatus Laridae Larus melanocephalus Larus genei Larus audouinii Larus minutus Sternidae Gelochelidon nilotica (Sterna nilotica) Sterna caspia Sterna sandvicensis Sterna dougallii Sterna hirundo Sterna paradisaea Sterna albifrons Chlidonias hybridus B 1708 Chlidonias niger Alcidae Uria aalge ibericus PTEROCLIFORMES Pteroclididae Pterocles orientalis Pterocles alchata COLUMBIFORMES Columbidae Columba palumbus azorica Columba trocaz Columba bollii Columba junoniae STRIGIFORMES Strigidae Bubo bubo Nyctea scandiaca Surnia ulula Glaucidium passerinum Strix nebulosa Strix uralensis Asio flammeus Aegolius funereus CAPRIMULGIFORMES Caprimulgidae Caprimulgus europaeus B 1709 APODIFORMES Apodidae Apus caffer CORACIIFORMES Alcedinidae Alcedo atthis Coraciidae Coracias garrulus PICIFORMES Picidae Picus canus Dryocopus martius Dendrocopos major canariensis Dendrocopos major thanneri Dendrocopos syriacus Dendrocopos medius Dendrocopos leucotos Picoides tridactylus PASSERIFORMES Alaudidae Chersophilus duponti Melanocorypha calandra Calandrella brachydactyla Galerida theklae Lullula arborea Motacillidae Anthus campestris Troglodytidae Troglodytes troglodytes fridariensis B 1710 Muscicapidae (Turdinae) Luscinia svecica Saxicola dacotiae Oenanthe leucura Oenanthe cypriaca Oenanthe pleschanka Muscicapidae (Sylviinae) Acrocephalus melanopogon Acrocephalus paludicola Hippolais olivetorum Sylvia sarda Sylvia undata Sylvia melanothorax Sylvia rueppelli Sylvia nisoria Muscicapidae (Muscicapinae) Ficedula parva Ficedula semitorquata Ficedula albicollis Paridae Parus ater cypriotes Sittidae Sitta krueperi Sitta whiteheadi Certhiidae Certhia brachydactyla dorotheae Laniidae Lanius collurio Lanius minor Lanius nubicus Corvidae Pyrrhocorax pyrrhocorax B 1711 Fringillidae (Fringillinae) Fringilla coelebs ombriosa Fringilla teydea Fringillidae (Carduelinae) Loxia scotica Bucanetes githagineus Pyrrhula murina (Pyrrhula pyrrhula murina) Emberizidae (Emberizinae) Emberiza cineracea Emberiza hortulana Emberiza caesia