Malta 'must' be taken to court over spring hunting
If the government opens the spring hunting season, the European Commission "must" take Malta to court because derogations for declining species like turtle doves and quails are not allowed, according to BirdLife.
Quoting article 260 of the Lisbon Treaty, which talks about complying with court judgments, a spokesman for the NGO said that opening the season would breach the court ruling.
BirdLife's European partners yesterday urged the Commission to take action against Malta if it opened the spring season, claiming this went against the pro-nature stance of the EU in an attempt to appease the hunting lobby.
Meanwhile, the hunting federation, FKNK, condemned what it termed as BirdLife's "outright lies" without any heed to the "serious damage such fallacies" could do to the island's main economic pillar of incoming tourism at this "delicate" point in time.
Last Wednesday, the government's advisory body on hunting, the Ornis Committee, recommended opening a three-week season during which hunters would be able to shoot 22,298 turtle doves and 10,837 quails. When divided by the 10,000 or so registered hunters, this works out to one bird per week each hunter but BirdLife fears it is impossible to enforce such quotas.
The government said on Friday it would embark on a new round of talks with the Commission where it would propose a plan of action, within the parameters of the recent ruling of the European Court of Justice.
According to BirdLife, time is running out for the government and the Commission to decide on a way forward since Ornis recommended that the season run between April 10 and 30.
"The Commission cannot and will not react to the Prime Minister's decision at such short notice," a BirdLife spokesman said, adding the government had had four months to submit a plan.
The government was not expected to reject the Ornis recommendation or make any drastic changes to it, BirdLife said.
"The most the Office of the Prime Minister will do is slightly amend the recommendations by Ornis and we expect this to happen again this time. They will open the season based on the proposal with minor changes."
Meanwhile, the government has refused to answer questions about whether it would be risking any automatic fines or penalties by accepting Ornis' recommendation.
The Times also asked the OPM whether it was giving the Commission enough time to discuss the spring season and whether it would be discussing any control measures to produce a more convincing argument that hunters could truly stop shooting when the bag limits are met.
"At this stage, the situation remains as explained by the Prime Minister during the press conference held on Friday, March 5," an OPM spokesman said in a curt response.
BirdLife said it had also told the Commission it no longer considered the Ornis Committee to be independent and the government also refused to react to this statement.
The OPM spokesman quoted the Prime Minister as saying at last week's press conference that the Ornis recommendation was just a recommendation and the government would discuss the spring hunting proposals with the Commission "within the parameters of the court ruling".
Alternattiva Demokratika has also warned against Malta being taken to court once again by the Commission, adding that any fines the island incurred should not be covered by the taxpayer because they would be the result of politicians who were sticking to false hopes.
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Sylvana Zarb Darmanin
Mar 14th 2010, 15:31
Jennifer Williams, indeed the online poll speaks volumes. It shows that a mere 1567 are against Spring Hunting! This figure includes foreigners urged by BLM to vote, individuals who vote more than once, etc. Do you consider this poll as being representative and scientific? I do not.
Madam, support whatever cause you wish BUT please respect others! I am convinced at supporting the rights of the Maltese hunters and trappers, whether this is to your liking or not!
John Matthews
Mar 12th 2010, 16:30
@ Chris Finch You have really shown your extremist colours this time. You harp on about christianity, ungodly etc and that killing is ungodly. Are you telling me now that in the bible, the feeding of the multitudes, that the fishes were still alive?
Dr Jennifer Williams
Mar 12th 2010, 11:14
Sylvana Darmanin As I already wrote -the poll currently stands at 63.5% who want NO spring hunting. I think that speaks volumes. I hope the government is listening. So you claim to defend hunter's rights? I cannot understand why anyone would defend the right to shoot and kill creatures for fun. Perhaps you could find a better cause to support...
Sylvana Zarb Darmanin
Mar 11th 2010, 19:53
Jennifer Williams, the Government is not expected to bow "to the pressure of the hunting lobby" when opening the Spring Hunting Season. It will be acting legally while respecting Maltese hunters. Please substantiate your claim regarding the majority. I am not a hunter YET defend their rights. Have you included me in your majority?! Rest assured, the Government will not be going "against the EU" when opening Spring Hunting. The EU has confirmed that this is possible. This was reported by The Sunday Times of 31st January 2010 namely:- - "The European Commission is to permit Malta to reopen a limited hunting season this spring. Discussions are ongoing between the government and the European Commission to determine the length of this year's season and ensure it is in line with the EU's Birds Directive and the judgement delivered by the European Court of Justice last year." - ""We can confirm that spring hunting is still possible in Malta following the court's judgement as long as it respects the ECJ's decision" a Commission official told the Sunday Times." A far cry from what BLM & Co claim!!!
J.Cutajar
Mar 11th 2010, 12:20
salvu abela ... Who on earth will ever know what country a bird that fies over Malta was heading to? once within your range it's country of destination is pretty irrelevant don't you think.
Dr Jennifer Williams
Mar 11th 2010, 11:47
What a big step backwards if the government bowed to the pressure of the hunting lobby and reopened the killing season. A three week season would be enough to decimate the bird population and give hunters freedom to shoot however many birds they want of whichever species they want. Will the police be standing next to the hunters to see that they shoot only quail and turtledove and at that only a certain number? There is no chance of regulating the hunting-we saw that last spring when it was illegal and continued none the less! Opening the season would be a strain on the police force and an added burden to the taxpayer. Why should the government try to appease a minority who kill animals for fun. These people have no respect for life or nature. The poll clearly shows that the maority of people do not want ANY spring hunting season. There seems to be no reason for the government to go against the EU and the majority of the people they represent who do not want to have these gun toaters roaming the countryside making it a danger for animals and humans alike.
Chris Finch
Mar 11th 2010, 10:10
Sylvana, You are correct, lying and showing disrespect is indeed against the word of god. You should practice what you preach madam. MMB, You need me to act as your own personal dictionary now? Johnny Xerri, game birds are indeed eaten, these can also be bought from farmed stock in the supermarkets. I reiterate, the shooters in Malta kill these because they gain some pleasure in the act of killing. This is unchristian. All, The ECJ ruled against Malta for opening previous spring hunting seasons. Simple fact.
salvu abela
Mar 11th 2010, 07:50
@ Alan Watson,
My dear Mr.Watson,first of all what bird passes over Malta doesn`t go to the UK,yours comes from Spain/France.
Why do the British hunter have to kill so much birds in one day,just visit these sites in the UK,
http://www.shootinguk.co.uk/readers/gallery/10255/shooting-pictures/2
http://www.shootinguk.co.uk/readers/gallery/10255/shooting-pictures/31
http://www.shootinguk.co.uk/readers/gallery/10255/shooting-pictures/4
http://www.shootinguk.co.uk/readers/gallery/10255/shooting-pictures/9
There plenty more photos if you need to all in your UK.
As for your quails,here are your quails,look who is killing yours,
http://www.gourmetfly.com/Jose.htm
http://old.shooting.sh/shoot_quail_span.shtml
http://old.shooting.sh/shoot_inh_dorset.shtml
Plenty more if you want too ,but maybe that`s enough.
GOOD DAY TO YOU SIR.
M.Gatt
Mar 11th 2010, 07:40
''The poll indicates people are not bothered with hunting''
How very mistaken you are...
surely you mean the people are livid and the hunters are bothered.
Seems the 20,000 odd hunters aren't bothered with the poll either.
M. Cardona
Mar 10th 2010, 19:45
"Must" so now Birdlife dictates at both the national as well as the supranational tier?
@ Ms Minkoff
that where you've got it all wrong.....Birdlife isn't an institution although it wants to behave like one! And believe me I am relaxed :-)
@ David Caruana
The poll is indicative of the TOM audience only and that includes foreigners spurred by local buddies. It would be interesting if the TOM were to publish how many respondents have a local ISP and how many foreign! Any further comments would be superfluous!
Johnny Xerri
Mar 10th 2010, 18:59
@ Chris Finch
Thou shall not bear false witness
1. Do you remember when a photo of a poisoned marsh harrier in the UK was used as a 'proof' that it was killed in Malta?
2. Do you remember what was promised to hunters i.e. http://www.meusac.gov.mt/Portals/FME/Documents/AGGSE13e_Hunting.pdf
3. Are you aware that BLM signed an agreement to honour the ECJ judgement, now it will not allow governmnet to open a season based on the correct implementation of the Brids Directive and the ECJ ruling?
Thou shall not steal:
1. Are you aware of the votes that were stolen from hunters:
http://www.meusac.gov.mt/Portals/FME/Documents/AGGSE13e_Hunting.pdf
He who is without sin cast the first stoneWho in malta has not degraded the environment?
Malta has become a concrete jungle, but sadly enough unlike Jay-z's song 'concrete jungle where dreams are made, there's nothing you can't do' in Malta its 'concrete jungle where u cant dream there's everything you cant do'
And by the way Mr Finch game birds are eaten, protected species are not. Closing a season for game birds will not prevent illegal poaching, as you proved from the dead heron.
Instead of stopping poachers you prefer to stop legal hunting. Really ethical I must say!!
MARK MIFSUD BONNICI
Mar 10th 2010, 18:50
@David Caruana
Total votes: 1192 out of which 63% say No, there should be no spring hunting.
out of a population of over 400,000 people this result shows nobody really bothers about spring hunting.
@Chris Finch
can you please define speculation? You seem to be the expert.
Sylvana Zarb Darmanin
Mar 10th 2010, 18:44
BLM clutching at straws!! David Conlin had written "We must not relent in our activity until Malta is a bird hunting-free zone." Thus, we expect all sorts of behaviour from the anti's:-
- not abiding by their signed undertaking to respect the ECJ Ruling;
- unjustly tarnishing Malta's image;
- disclosing confidential information before the ORNIS issues an official report;
- dishing out lies which are later exposed by the ECJ;
- insisting that Spring Hunting is illegal when even the EU has stated that Spring Hunting in Malta is possible; etc.
You are indeed digging your own grave BLM & Co!
Myrna Minkoff, "healthy societies" are expected to present factual arguments, abide by the Rule of Law, respect the European Commission, the ECJ, the Government, the Judiciary and all citizens.
Chris Finch, lying and showing hatred and disrespect towards thy neighbour are also "against the word of God." The Maltese Government will not open the Spring Hunting "season illegally". The ECJ has provided the necessary tools, the ORNIS committee gave its recommendation, and the Government is asking the EU to elaborate on its statement when it confirmed that Spring Hunting is possible!
r curmi
Mar 10th 2010, 18:31
ayeeee both BLM and FKNK are getting really tiring now. Having to follow all these developments is becoming a full time job. Its feeling more like a soap opera now.
Instead of wasting energy to achieve the inachievable both sides should work together in
a) help to abolish illegal hunting
b) work together in reintroducing long gone species.
c) really help whats left of the enviroment
But aye we are in malta and thus such unity can never prevail. Being Hunters and antis, one church with the neighbouring church, 2 band clubs, politics, sports, england vs italy and the list goes on on every espect of our life. Ours smallness does not bring unity and it should but yet more strife.
Its in Gonzi's hands to unlock this deadlock. Beef up police, create environment marshals and beef up fines for the wrong doers as apperently its not enough what they already have to pay if caught. As for the the good will hunters well if they did nothing wrong they have nothing to fear of the fines... right?
Johnny Xerri
Mar 10th 2010, 17:14
Malta has two opinions
1 Open the season
2 Not open the season
If a derogation is possible, then the season should be opened. Full stop.
If a derogation is not possible then there are again to options:
1. Face a fine and still open the season.
or
2. The Prime minister publically admits that hunters votes were stolen and that he will call an election and a retake of the referendum.
People cannot expect to call themselves citizens of a democratic state if elections are flawed with lies, or if they incite governmnet to break a democratic obligation.
For those who forgot:
http://www.meusac.gov.mt/Portals/FME/Documents/AGGSE13e_Hunting.pdf
And yes as long as hunting is not opened I will continue posting this statement on international hunting forums, facebook groups, forums on general interests.
'Planning a holiday or business in Malta, please note that the Maltese find no guilt in inciting government to break a democratic obligation. Please follow the link to what was guaranteed http://www.meusac.gov.mt/Portals/FME/Documents/AGGSE13e_Hunting.pdf and what was delivered i.e. spring hunting stopped from 2007 and trapping stopped from 2008. If the Maltese treat their citizens like this how will they treat you?'
Shouldn't the foreigners be aware of what the Maltese are capable?
S Sciberras
Mar 10th 2010, 17:00
I have no problem with fines so long that these are funded through firearms licences and not my tax money! So dear hunters beware
A Padovani
Mar 10th 2010, 16:42
How come no reference in the local media to the article in the Sunday Times (London) published last Sunday?
www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article7052481.ece
At the end of the day, it is not Birdlife, but hunters/trappers who abuse and flagrantly flout the law,that drag Malta's name through the mud.
John Matthews
Mar 10th 2010, 16:27
Over and over again BLM have been proved wrong. Isn't it about time the government did something about their (BLM's) deceiful tactics? after all they are libellous/slanderous statements which are doing Malta no good at all.
Alan Watson
Mar 10th 2010, 13:38
10.000 plus Quail to be shot!! Ask anyone in the UK when they last saw a quail? With that number being killed each year in Malta alone no wonder they are a declining species in Northern Europe. Similarly with Turtle Doves which were once common over here. Now bird watchers will travel 4 (four) times the length of Malta just to catch a glimpse of one. It wouldn't be so bad if, like the UK, you bred a species especially for shooting and blasted away to your hearts content but what fun is there in killing these species. I can't remember seeing quail or Turtle Dove on the menu very often when I have been on holiday over there. If it flys over Malta, its going somewhere else other than Malta, to breed. Each of the 30000 which may be killed is a breeding bird. Just because you only have starlings and a few sparrows doesn't mean thats all we should have. If the Government of Malta were intent on stopping the slaughter they would start to re-call/cancel gun licences. What on earth do you need so many guns for?
David Caruana
Mar 10th 2010, 13:29
Do you think the Ornis committee recommendations strike a fair balance on spring hunting?
No, there should be no spring hunting. 63.0%
No, the season is too short. 20.1%
Yes, the recommendations are fair. 17.0%
Total votes: 1192
Chris Finch
Mar 10th 2010, 12:42
Lets just wait and see who is right.
The facts are - The ECJ ruled against Malta opening the spring hunting season 2004 -2007.
If Malta opens the season illegally then the ECJ will fine us, which we will all have to pay through raised taxes.
Illegalities persist. Look at the case of the heron shot only yesterday.
Killing for pleasure is against the word of God.
These are the facts. All else is speculation.
Myrna Minkoff
Mar 10th 2010, 11:35
LOL
Cordona
relax
healthy societies need institutions that criticize. It's how things work.
M. Cardona
Mar 10th 2010, 10:45
Birdlife Malta can only criticise and criticise. Here's a quick breakdown of who's come under their fire recently, Malta Police, Malta government, Ornis Committee, local judiciary, even the European Court of Justice.
Is it possible that everyone and each and every institution is wrong except you?
There are MANY out there who are now fed up with your antics and harmful tactics. Enough is enough.
By the way.....do you really believe that by upping the ante, we'll be cornered and ever give up? Dream on BLM and co, you're doing all this simply to attract funds, we're in it to protect what effectively is a part of our life's norms, traditions and values!
When the going gets tough,.........Got the Whiff? We will persevere and NO NO NO you spoiled brats, you will never ever have it all your way! NEVER NEVER!
Now have your milk and down that oh so sour pill!
MARK MIFSUD BONNICI
Mar 10th 2010, 10:39
MUST or rather HAVE TO is how Birdlife describe their message to the Commission.
yesterday it was:
* BirdLife urges European Commission to act against Malta
* The government has once again caved in to pressure
* Prime Minister Lawrence Gonzi has not taken any effective steps
* our Prime Minister seems more intent on appeasing the hunting lobby
* BirdLife also reminded the Maltese authorities
* It urged the new EU Commissioner for Environment
* Malta's 'disregard' to EU laws
Are Birdlife considering themselves above Malta's government and the ECJ ruling?
Birdlife have been demanding things for years. It's about time Government put an end to this threatening behaviour. It not only affects hunting in Malta but it makes Malta's government seem weak in view of all the damage such Birdlife demands and their related false propaganda are doing to Malta's image and economy.