The government this afternoon stood its ground on bird trapping, saying the season would open as announced, despite a formal warning by the European Commission.

In the morning, the European Commission said it had given Malta formal notice to reconsider its decision to resume finch trapping and  to comply with the relevant EU rules. It asked the government to respond within one month confirming that this was being done.

Malta decided earlier this year to apply a derogation to the EU Birds Directive, allowing the live capture of seven species of wild finches between  October 20 and 31, both dates included.

The Commission noted that this practice was prohibited under EU legislation on the conservation of wild birds.

Member states may derogate from the requirement of strict protection only in the absence of other satisfactory conservation solutions and if the conditions for using such derogations were met.

The Commission said no such justification existed in this case.

GOVERNMENT STANDS ITS GROUND

In a reaction, the government said it disagreed with European Commission’s interpretation concerning the application of derogation under Article 9(1)(c) of the EU Birds Directive to permit, under strictly supervised conditions, live-capturing of seven species of finches.

"Malta is prepared to defend its right to derogate throughout the infringement procedure," it said in a statement.

It explained that following the recommendation of the Ornis Committee, a comprehensive legal regime was put in place to regulate application of derogation. All trapping sites were screened for compliance with the legal parameters established in new legislation, and a comprehensive digital database was developed for enforcement purposes.

The government had also implemented necessary control measures, including state of the art real time telephonic game reporting system, a system of single-use rings, bag limits, a range of limitations and controls concerning permitted methods of capture, configuration and location of live-capturing stations, a rigorous licensing process, and other provisions. Penalties for offences were increased substantially. Over 60 enforcement officers who received specialised training were being deployed to enforce derogation parameters.

"The Government will continue to defend legitimate rights of Maltese live-capturers in full accordance with the national and EU law, and shall ensure rigorous adherence to and enforcement of derogation parameters," it said.

The finch live-capturing season will open as previously announced.

FKNK OFFERS TO HELP THE GOVERNMENT

The Hunters' Federation (FKNK) in a reaction to the commission's statement, said it was offering to help the governemnt present its argument, in the same way as it had done in the European Court case over spring hunting. 

The federation insisted that Malta had a right to apply a derogation.

Similar derogations, which also permit live-finch capturing, are regularly and annually applied by other EU Member States.

The FKNK pointed out that before deciding to  apply the derogation, the Maltese government prepared meticulous and professional studies, both scientific and technical, to ensure that the derogation met all the directive's parameters and conditions;

It also obtained the Malta Ornis Committee approval to apply the derogation after the committee went into great technical detail.

Among other things, the derogation had been applied because there was no other satisfactory alternative solution to live-finch capturing; the numbers that would be taken would be very small; the methods used used would be highly selective; judicious use would be made from the caught birds, that are kept alive in captivity and strictly supervised conditions would prevail.

CABS CRITICAL OF SEASON OPENING

Meanwhile, the Committee Against Bird Slaughter (CABS) criticised the opening of the bird trapping season next Monday describing it as “a clear breach of the EU's Birds Directive”.

It said it would monitor the situation in the field with two teams until December. The volunteers would document the amount and impact of trapping on the countryside and report misuse to the police.

A detailed report would also be sent to the European Commission in Brussels, which was currently preparing infringement procedures against Malta over the comeback of finch trapping.

CABS particularly criticised the government for licensing dozens of “supersize trapping installations” for the capturing of plovers with up to eight nets covering an area of 60 square metres per net.

It said many of these "mega-sites" were covering several thousands of square metres of countryside and were equipped with powerful spotlights, artificial ponds, large aviaries and CCTV surveillance.

"Announcing a bag limit of six plovers per season and issuing permits for installations which are designed to trap hundreds of birds per week does not make any sense.

“By doing so the government has reduced to absurdity its claims that trapping will only be allowed under limited conditions," CABS president Heinz Schwarze said.

hE also slammed the government´s plan to have only seven police officers per 1,000 trappers as representing a drop in the ocean.

CABS called on the government to deploy more police resources in the field as well as for surveillance of bird markets.

BirdLife Malta welcomed the European Commission's formal warning but said the action was “too little, too late”.  

BirdLife Malta criticised the Commission's untimely reluctance to take immediate steps to halt the season, pointing out that this has allowed government to permit new trapping licenses, and the registration of an exaggerated amount of trapping sites to the detriment of Malta's wild flora and fauna this autumn. The season which will open this Monday, is permitted by means of legislation issued in July 2014 following an Ornis Committee decision made in June 2014.

BirdLife said it had alerted the Commission to these developments counteracting the Wild Bird Regulations' Unit argument tabled at the Ornis Committee that the trapping of wild finches was a justified activity.

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