Tolga Temuge
Spring hunting is over
Although the hunting lobby wants us to think otherwise, the ruling by the European Court of Justice did end the debate on spring hunting, as it clearly found Malta guilty for allowing spring hunting between 2004 and 2007.
Spring hunting is banned under the Birds Directive and the logic behind the law is self-explanatory: wild birds should not be killed when they are migrating to their breeding grounds so that they can be given the chance to reproduce.
For years, the hunting lobby claimed that the spring hunting seasons opened by the Maltese government under a derogation from the Birds Directive was justified. The government went to Brussels and built a case with taxpayers’ money to prove their point.
But a few months before the European Court of Justice’s verdict, the hunting lobby changed direction; they started claiming that spring hunting would still be possible in future regardless of the Court’s ruling. The change of tack by the hunting lobby was a defensive position adopted because the outcome was bound to spell the end of spring hunting.
However, as the hunting lobby said they would, they are now raising false hopes among the hunting community to cover the defeat they faced in Brussels. They are now taking a few sentences from a 14-page verdict on which to base the claim that the ECJ decision allows the government to allow spring hunting in future. The federation is completely ignoring the rest of the document and, most importantly, its conclusion.
According to the FKNK, and I quote, “ECJ does not consider autumn a satisfactory alternative to limited spring hunting in Malta”.
First of all, the ECJ did not say that it does not consider autumn a satisfactory alternative to “limited” spring hunting in Malta. The word “limited” is the FKNK’s invention.
The “satisfactory alternative” condition set by the Birds Directive to apply a derogation is only one of a number of conditions set. In its ruling, the Court explains in detail how this point alone does not justify the opening of the spring hunting seasons; it outlines the other requirements of the Birds Directive and, finally, rules against Malta.
It is important to point out here that the data regarding the birds shot in autumn and spring presented to the ECJ by the government to argue that autumn hunting was “no satisfactory solution” to spring hunting was a grave underestimation of the actual number of birds shot in Malta. The numbers were taken from the hunters, mainly from the carnet de chasse (data filed by the hunters based on the number of birds they shoot).
The fact that the carnet de chasse does not present the real figures of shot and trapped birds in Malta has been acknowledged by spokesmen of the hunting lobby in Malta on a number of occasions. They admitted that the figures for shot and trapped birds were “lower” than the real figures and that the Maltese “carnets de chasse are worthless” (Bird Lovers, Hunters Agree Figures Quoted Are On The Low Side, The Times, November 25, 2005).
Yet, despite the fact that the evidence of shot birds presented to the Court by the Maltese government relied heavily on this questionable data, these figures were still enough for the Court to rule against Malta’s decision to open the spring hunting seasons.
Therefore, one wonders how Malta will be prepared to meet the conditions of the Birds Directive in a so-called “very limited” hunting season next spring. According to the evidence presented in court by the government, in eight weeks of spring the hunters only shot less than three turtle doves each. Sounds like a lot of effort for such a small prize. But if this questionable evidence was enough for the Court to rule against spring hunting in Malta, then how on earth can Malta justify breaking the EU law by allowing another spring hunting in future? Underestimating the number of killed birds even more could be a possible course of action.
Furthermore, do the advocates of the spring hunting really think that the government can actually “strictly supervise” 12,000 hunters when the ALE, with less than 30 officers, cannot even cope with the ongoing illegal killing of protected species?
And there are many other conditions the government has to meet to allow any shooting in spring. No other EU member state has so far managed to meet these conditions and spring hunting is banned throughout the EU. The Court ruling was very clear and told Malta to respect the EU law.
The government’s next steps will reveal its intentions: whether it is serious about its EU obligations and nature conservation or interested in appeasing a lobby for its votes, irrespective of the damage inflicted on the environment, the dangers it presents to the public and the limitation on equal accessibility to public land that the practice enforces.
Mr Temuge is executive director of BirdLife Malta
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Johnny Xerri
Oct 3rd 2009, 15:45
@ Tolga,
Can you please clarify this:
If article 9 states that a derogation can be applied if no other suitable alternative is present.
And the EJC confirmed that no other alternative is present and further more noted that the two species in question are not endangered.
Why cannot Malta apply for a derogation.
Further more illega hunting is present in all the EU and still Spain and the UK manage to hunt during spring.
So are you saying that when I hunted in the UK last April I was hunting ILLEGALLY.
Cheese.
The cops in Malta granted an a temporary permit to transport my gun.
The UK cops granted a temporary licence
The UK game keeper took us around hunting in full open view.
We came back and everything went fine.
Its either the UK & Maltese cops dont know the season dates.
Or you must be living in year 3999 (when maybe hunting will be banned)
Or most likely trying to pull the other one.
By the way when is BLM going to publish its Accounts & their members wages & salaries.
Then we might really conclude why they love the birds
Sylvana Zarb Darmanin
Oct 3rd 2009, 14:46
Mr Tolga Temuge, WHY ARE YOU SHYING AWAY FROM MY QUESTIONS?!! The more you avoid them the more it becomes worrying! You enjoy exposing illegalities but it appears you do not use the same yardstick regarding pro-hunting and anti-hunting individuals!!!
Readers deserve these assurances!!!
J.Bonnici
Oct 2nd 2009, 16:24
It's funny how someone who loses a court case can actually still believe that he has won it. Who was the EU executive Stephen? Why wasn't he mentioned by name? You shouldn't believe everything you read.
Alison Natalie Keeler
Oct 2nd 2009, 15:47
Let's hope so.
Sylvana Zarb Darmanin
Oct 2nd 2009, 14:33
BTW Mr Tolga Temuge, I am still awaiting your assurance that CABS/Raptor Camp personnel are 'clean' while roaming the countryside. Why is it proving to be so difficulty for you to put my mind at rest?!! I have my reasons for asking for such an assurance!! Come on, please stop shying away!!
Maybe you might also wish to enlighten readers whether BLM, CABS and Co have the interest of birds only at heart. For example, do you also love CATS, and other animals?! Would you harm these animals?
Sylvana Zarb Darmanin
Oct 2nd 2009, 14:18
CONTD.
"only shot less than three turtle doves each. Sounds like a lot of effort for such a small prize." This goes to show how ill-informed you are about hunting. Hunting is not about numbers BUT about preparing your things, going to the countryside, spending time with nature, seeing your dog at work and IF you are lucky enough catching a turtle-dove or quail.
Using your line of thought, am I to understand that since you lack birds in your Ghadira Nature Reserve, you do not enjoy yourselves? No wonder you have resorted to taking out your frustration on hunters! Or rather you have opted for hunter-watching in lieu of bird-watching!
Tolga, I have had the opportunity to visit Turkey (your country) this summer and I have come to realise why you have decided to retreat to Malta to shower your venom. Seeing all those hunting shotguns with repeater attachments and talking with the locals, I would hate to even think what would have become of you had you braved the way and used the tactics you are using in Malta, back in your own country!!!
Sylvana Zarb Darmanin
Oct 2nd 2009, 14:10
"Spring hunting is banned under the Birds Directive"
"set by the Birds Directive to apply a derogation"
"conditions the government has to meet to allow any shooting in spring"
Don't you think these are contradictions, all included in your article Mr Temuge?!! If you are so sure of what you are saying, why are you trying to justify that Spring Hunting cannot be opened?!
Have you forgotten that your organisation brain-washed the gullible that:
- Autumn is an alternative to Spring hunting season;
- Malta is on the main migratory route;
- the turtle-dove and quail are threatened species;
ONLY TO BE PROVED WRONG BY ECJ!!
You should definitely not be the one to accuse the hunting lobby as having changed direction, Sir. Have you conveniently forgotten that your organisation had urged the Government to allow Spring Hunting on 2 species only, i.e. the turtle-dove and quail?
Since when are you considering yourself to be our Minister of Finance? If you are concerned about tax-payers' money, you should have voiced your opinion regarding recent VAT and Tax evasions!! If you love Malta you will not try to tarnish its reputation!
CONTD.
kevin francica
Oct 2nd 2009, 13:06
How can Mr Temuge state "No other EU member state has so far managed to meet these conditions and spring hunting is banned throughout the EU". Is it possible that Bird Life Malta's executive director doesn't know that some EU Member States Permit spring hunting ?
David Borg Cardona
Oct 2nd 2009, 13:05
@ Tolga Temge..
Sour grapes maybe... You dread the thought of spring hunting opening again don't you ??? But if I were you I wouldn't rant too early about "spring hunting being over".. You know what they say... life is full of surprises. And something tells me that you and your extremist organisation will receive the biggest one next April.. Rgds to Turkey..
Andrew Gatt
Oct 2nd 2009, 12:33
Are you or are you NOT a member of Birdlife International? Yes? Then SHUT UP and accept the verdict - just as Birdlife International and FACE said they would.
And - guess what - THE VERDICT CANNOT BE APPEALED.
Karl Falzon
Oct 2nd 2009, 11:40
Just for your concerne Mr. Temuge, Malta was found guilty for not applying a right derogation, thats true, but on the other hand the court's ruling stated clearly that Malta can apply for a derogation under some conditions, JUST LIKE OTHER COUNTRIES DO IN THIS SAME EUROPEAN UNION! Please for once try to stop this scaremongering propaganda. The only person who is raising false hopes among the anti-hunting lobby is you yourself Mr. Temuge.
J. Borg
Oct 2nd 2009, 11:35
@ stephen grech
you are invited to read the ECJ verdict itself......i.e. neither Mr. Temuge nor the Times.
Let's not raise hopes....to then fall into depression!
J.Azzopardi
Oct 2nd 2009, 10:50
I've had it up to my nose hearing and reading the repeated drivel by both FKNK and Birdlife (including CABS, etc).
Just catch the culprits who are evidentially caught hunting illegally, have them summoned to court, duly charged and penalized as per Law and let legal hunting be !
This saga of accusations and legal interpretations is doing more harm than good. In the meantime, whilst all law abiding hunters suffer the false accusations and unfair collective punishments, criminals out there will continue to kill protected species indiscriminately as they have always done. Unless an effort is made to catch them and bring them to justice there will no end to this farce. I will start reading the subject TOM articles again only once the headlines read "Wildlife criminal accused and sentenced heavily for illegally killing a protected bird". Justice please, for the sake of all birdlovers, law abiding hunters and the common sense public.
Joe Camilleri
Oct 2nd 2009, 10:48
I cannot believe what this foreigner is saying. Does he know how to read an E.C.J ruling???
Doesn’t he know that BL International and FACE signed an agreement that they will both abide by the E.C.J ruling. Or BLM is not part of BL International.
1) The E.C.J did not found Malta guilty of allowing spring hunting, but because Malta did not apply the derogation correctly (no bag limits etc...). In fact that is why Malta was not fined.
2) The E.C.J confirmed that Autumn is not an alternative to spring.
3) If carnet de chasse does not present the real figures, than what does. Your sightings of millions of birds??
So I wonder who really is raising false hopes.
By the way, hunters are also taxpayers.
stephen grech
Oct 2nd 2009, 10:32
@Tolga Temuge.. Mr Temuge I urge you to read the article published on this very same paper entitled "Brussels agrees 'very limited' hunting next spring possible" Tuesday, 15th September 2009 and maybe you will start to think otherwise! The first paragraph from this article says that "The EU Executive said for the first time that spring hunting may still take place next year following last week's ruling by the European Court of Justice in a case instituted by the Commission against Malta in 2006.".
So now who should we believe? Maybe now it is Birdlife who is grasping at straws and maybe in the near future we will read an article on this paper entitled "Birdlies are over".