Kurt Sansone
BirdLife: We told you so
A hunting hide along the cliffs.
The formal notice issued by Brussels yesterday warning Malta to adhere to the ruling by the European Court of Justice on spring hunting received a cool reception from hunters.
“It is still early days to comment,” the president of the hunters’ federation, Joe Perici Calascione said when contacted, insisting it was the government’s job to respond to the European Commission.
On the other hand, the Commission’s notice that it will start infringement proceedings against Malta was welcomed by bird conservationists. The notice challenges the framework legislation adopted by the government this year which would make it possible to open the spring hunting season in the future for a three-week period allowing hunters to shoot 25,000 turtle doves and quails.
“We are unhappy with the framework legislation and are in discussions with the government to achieve a fair deal for everyone,” Mr Perici Calascione said, pointing out the Commission had not yet given a clear interpretation of the word proportionality. He said the federation was conducting its own studies to help the government make a forceful case for spring hunting.
Whether the government will succeed in convincing the Commission still has to be seen but, according to BirdLife Malta, Brussels is obliging Malta to take into consideration the conservation status of the two species in Europe.
“As we have consistently pointed out, it is not the status of the species at an international level that is of importance in this case but its European conservation status,” BirdLife Malta president Joseph Mangion said.
He said the Commission was also obliging Malta to take into consideration the autumn hunting season, during which turtle doves and quails can be shot for a five-month period.
“Data from the carnet de chasse, released by the Malta Environment and Planning Authority recently, shows that, after the ban on spring hunting in 2008, the number of quails shot in autumn equalled those shot the following spring, demonstrating there are sufficient numbers of this species to shoot in autumn,” Mr Mangion said.
If Malta ignores the latest legal action, he pointed out, the Commission could take the country to the European Court of Justice and, if found guilty, fines would apply.
Government’s proposal
Earlier this year the government published a legal notice outlining a framework for allowing a derogation to open a spring hunting season for turtle dove and quail. The legal notice set a quota of 13,000 quails and 12,000 turtle doves with a three-week hunting season in April.
The legal notice outlined the government’s future intentions and did not apply to this year’s spring hunting season, which was curtailed to six days.
The government had said it wanted to seek an agreement with the Commission on its framework proposal before opening a three-week season.
In a ruling delivered in 2009, the European Court of Justice left a window open for the possibility of a limited spring hunting season since autumn was not considered to be a satisfactory alternative. However, the court judgment was open to interpretation because it did not define how limited the season had to be.
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12 Comments
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MARK MIFSUD BONNICI
Oct 30th 2010, 16:26
Victor Paul Borg.
If you have any doubts on the percentage of huntable birds allowed under derogation, the Birds Directive and the EU guide to sustainable hunting explains it all.
The decision on what number is huntable out of any species is not a matter of assumption as you make it out to be, but is based on calculations according to the best available data.
Clearly the Commission is more for accepting figures presented by the anti hunting lobby rather then those presented by Malta's hunters to Government.
Should the Commission persist in contradicting the Government's calculations, it is for the ECJ to establish their correctnesss since anyone who wants to, can manipulate figures to his own advantage.
M. Cardona
Oct 29th 2010, 22:05
Mr Victor Paul Borg,
so we now have to ass u me that we have it from the donkey's mouth cause you said so?
Now let me give you a very "fresh gush of illumination";
1. EU directives are supposed to be transposed and not transported into local legislation. (study more)! Malta is at the forefront of EU directives and regulations transposition FYKI.
2. Derogations are enacted at multiple tiers of EU governance, be it state, regional or provincial. Vide Italy.
3. The Birds Directive does not mention any figures with regards to Derogations. As a matter of fact millions of wood pigeon, gulls and corvids are annually killed in England by way of derogation. Hence good bye to your "very limited dream".
4. I'm all ears to hear how you arrived at your figure, I'm sure its based on solid scientific facts.
There's also the principle of subsidiarity you may wish to delve into, as well as the issue of legitimate expectation! Enjoy the research, I'm sure you'll find it "illuminating".
Consequent to the above, I have to concur that there are actually very limited indeed local delinquents! Guess you need to do some more "study"! Enjoy
Victor Paul Borg
Oct 29th 2010, 20:56
I suggest that for a fresh gush of illumination you should study the practice and history of derogations in the context of EU directives.
Please note:
(1) EU directives are suggestive of legal frameworks that have to be transported into national legislation; (2) derogations are allowed to allow a limited amount of local-delinquency at the state or provincial level; (3) derogations have to be a token arrangement, hence very limited; (4) in our present case, the Commission will only accept the taking of a few thousand birds, probably substantially less than 5000.
The government knows these things - the legal advisers of the gov are not stupid. But the gov simply keeps playing along hoping to delay any court action until after the next election. And then finally the spring hunting season would be severely curtailed after the election, allowing capture of few thousands - that's the end-game plan.
And the hunters keep participating in this cynical game with the government, being participants in their own duping! Wake up hunters' representatives! Why do you keep tangoing with the government about this and fooling all hunters?
www.victorborg.com
Lino Farrugia
Oct 29th 2010, 20:14
"...spring hunting in 2008, the number of quails shot in autumn equalled those shot the following spring, ..." I'm not sure if this is a misprint or it was actually what Joe Mangion, BirdLife Malta President said, but I thought that everyone was aware that the spring season of 2009 was also closed. By all means, let us agree to allow a spring hunting season on the bases of the catches of the preceding autumn. Maybe once in a lifetime we will not be allowed to hunt quails in spring because of some 'biblical' migration we might have in autumn. However we are sure that all springs will be open, commencing by spring 2011, seeing the disastrous migration we had this autumn. Secretary General - FKNK
Lino Farrugia
Oct 29th 2010, 20:02
"He said the Commission was also obliging Malta to take into consideration the autumn hunting season, during which turtle doves and quails can be shot for a five-month period." - Joe Mangion BirdLife Malta President striving to convince the gullible ignorant in subject matter public. In Autumn, rather late summer, turtle doves only make an appearance over the Maltese islands and only in certain areas from the last week of August lasting not any later than the third week of September, while quails usually arrive around mid-September and cannot be met in the wild once October is over. If Mr. Mangion is unaware of such facts than he shouldn't be heading the local ornithological society and expect to be taken seriously. The FKNK had in fact proposed to the Ornis Committee that this autumn's open season for the turtle dove and quail should have been only for the months of September and October. The independent members on the Committee, through no fault of theirs since they are only government appointees, could not understand FKNK's logic. Now we hope they can understand BirdLife's deceit, including Mr. Mangion's who also forms part of the Committee. Secretary General - FKNK
l borg
Oct 29th 2010, 17:06
I CANNOT UNDERSTAND WHY DO HUNTERS WORRY BIRDS OF PREY HAVE BEEN PROTECTED SINCE 1980 YET THEY ARE SHOT IN THOUSANDS EACH YEAR HUNTING WAS GOING ON IN SPRING DISPITE THE BAN SO WHY WORRY?
M. Cardona
Oct 29th 2010, 15:45
@ C Cassar
"Why don't they understand that they HAVE TO comply with EU directives because Malta IS A MEMBER of the EU whether they like it or not. "
"It's THE LAW saw abide by it and stop the continual attempt at damaging Malta's international credibility."
As I had the pleasure of pointing out to you elsewhere, yes its the law (in this case the EU Birds Directive) which grants member states the RIGHT to apply derogations within the limits as established by the Directive itself.
As to who is actually damaging Malta's image ( or as otherwise purposely termed by your end; international credibility), I trust you already know the answer to that one, but simply to drive the point home, "I panni sporchi si lavano a casa". Who's not doing that? Yes now you know you got the answer right!
Regards
MARK MIFSUD BONNICI
Oct 29th 2010, 13:33
C Cassar
It seems that you ignore the fact that Government is the one trying to reach an agreement with the Commission and not the hunters.
As for who is a "bigger joke" following all the hype of spring hunting being "illegal" we found out the joke was on Birdlife Malta since a derogation is possible, though not as suggested by our prudent government this year. Once the 3 week season is opened following the obvious procedure of Birdlife scaremongering, EU commission threats of fines etc. we will eventually find out who the jokers that fooled you, the Commission and many more like you really are.
Would you like me to spell out their name for you since you seem totally oblivious of fact and totally gullible.
MARK MIFSUD BONNICI
Oct 29th 2010, 12:43
The very obvious coming from those claiming spring hunting was illegal throughout the EU:
"On the other hand, the Commission’s notice that it will start infringement proceedings against Malta was welcomed by bird conservationists"
The ridiculous coming from same:
"He (JoeMangion) said the Commission was also obliging Malta to take into consideration the autumn hunting season, during which turtle doves and quails can be shot for a five-month period."
The dove migration starts before the opening of the season towards mid August and ends by end September. Quail start soon after and end in October. So Mr. Mangion were is your knowledge of bird migration?
The ECJ will again establish that all your nonsense about illegal spring hunting and all you and your partners have done to stop it is nothing but hogwash.
Henry Fenech Azzopardi
Oct 29th 2010, 17:34
Hi Mark, Joe Mangion is well aware of bird migration and he knows quite well that FKNK insisted that the dates for the capture of doves and quails will be limited to September and October respectively. This was made ample clear in the ORNIS meeting. However, for reasons for his own agenda Mr Mangion is correct to state that hunters have 5 months to shoot doves and quails, but it is impossible. The general public will obviously consume what Joe Mangion states, but now it is more than ever, realising that Birdlife has lost its credibility and trust. Following the publication by Birdlife of the ORNIS minutes, which are confidential and not for public consumptiion, members are extremely cautious and hammering that items discussed are confidential and should remain as such. Birdlife would do everything within their means to stop hunting altogether, whilst I shall keep on insisting that legal hunting is there to stay while, illegal practice is to be condemned by all. Finally I urge all those who still feel that they can shoot at anything that flies, that with their action they are making spokes in the wheels for FKNK to deliver. STOP NOW IT'S ALREADY LATE.
C Cassar
Oct 29th 2010, 11:51
The FKNK are becoming a bigger joke as each week passes by. Why don't they understand that they HAVE TO comply with EU directives because Malta IS A MEMBER of the EU whether they like it or not. If everyone had the mentality of FKNK we'd decide whether we would pay our income taxes, electricity bills etc or not, yes exactly quite ludicrous.
It's THE LAW saw abide by it and stop the continual attempt at damaging Malta's international credibility.
N.Cutajar
Oct 29th 2010, 10:15
Hahahah that hide is hilarious! Malta's front row coastal defense against bird invasion.
Jahasra xi hsara ta nies.