We try to refrain from inundating the Comment and Letters section of the Times of Malta with our letters since NGOs have a place in different sections of the newspapers through press releases and feature articles. However since the FKNK constantly issues letters full of false statements and unfounded allegations about BirdLife Malta, and in this particular case, where Joseph Lia of the FKNK, refers to me by name in his letter of October 8, I would like to draw the readers' attention to FKNK's misinformation and false statements.
Mr Lia claims that trapping is not forbidden in the EU. Trapping is forbidden under the Birds Directive. So much so, that for any member state to permit the trapping of birds they must apply a derogation and fulfil the conditions set in the Birds Directive. Failure to do so results in infringement procedures and the country can end up at the ECJ.
The FKNK seems to think that a derogation is a God given right allowing member states to opt out of uncomfortable legislation. Derogations are exemptions on the law allowing member states to cope with exceptional circumstances subject to certain conditions. On occasion some member states have tried to use derogations as means of avoiding unpopular legislation, been taken to the European Court of Justice and lost cases for doing so.
Mr Lia mentions this year's derogation applied by the Maltese government permitting the capture of Song Thrush, Golden Plover, Turtle Dove and Quail. The government has so far failed to clearly define the conditions essential to its application. This derogation will need to be justified with the Commission in an annual report and it is likely that the Commission will take action against Malta.
Since derogations are applied in exceptional circumstances the Commission deals with them on a case by case basis. Since circumstances vary from member state to member state derogations applied in one state do not set a precedent for the same derogation to be applied in another. The conditions under which this activity is carried out also vary significantly from member state to member state. In Malta a few finches breed sporadically and the main reason for this is widespread finch trapping. In fact trappers trap as many of the migratory birds as possible and are the main cause for the local extinction of these song birds - birds that are actually garden birds in other EU countries.
Furthermore, in his letter Mr Lia refers to finch husbandry, claiming that finches are kept in gabjetti for the trapping season only and that finches adapt well to captivity outliving their wild counterparts. Mr Lia, as an experienced trapper representative of the FKNK, fails to admit that finches are put in small cages in complete darkness for two months preceding the trapping season, so that they change their feathers and sing louder when let out. Furthermore, according to a study by Mepa in 2004, 20 per cent of wild caught finches die in their first year of captivity. Trappers we have met so far however suggest that the mortality rate of certain finch species can be as high as 90 per cent.
Even if Mr Lia thinks otherwise, we understand the frustration of trappers who want to maintain their hobby. However, trappers need to acknowledge the environmental damage they have caused to Malta's wildlife and respect the European Union's nature conservation laws. Although there will always be some diehards, I sincerely believe that many trappers can be happy diverting their energy and passion for these birds into hobbies like captive finch breeding, bird watching and conservation work.