BirdLife is considering legal action against the government after a legal notice issued on Friday which gave the Wild Bird Regulations Unit an enforcement role.

BirdLife officials led by executive director Steve Micklewright told a press conference this morning that the legal notice is illegal because it was issued without the public consultation required by law.

They insisted they were against the provisions, arguing that the unit should remain responsible for regulation, but law enforcement should remain in the hands of the police and Mepa.

Speaking outside the WBRU offices in Santa Venera today Mr Micklewright said: “Since its inception two years ago, WBRU has eased legislation in favour of hunters and trappers, decriminalised the use of bird callers, re-opened a finch trapping season, allowed for increases in trapping licences, eased hunting and trapping licence examinations as well as rendered obsolete an afternoon curfew protecting birds of prey. It is frankly ridiculous that a government department that appears to have a mandate to give hunters and trappers more and more privileges, now has a hand in enforcing the laws that allow those privileges. 

“This latest attempt by WBRU to legislate its own ascent to power without any form of consultation is a reflection of our concerns voiced two years ago over this unit becoming a deregulation unit." 

Birdlife said it is calling for the resignation of the head of the unit, Sergei Golovkin. 

Mr Micklewright said various other changes in the legal notice were a source of concern.

For example, to date, one had needed a license to practice taxidermy, but this carried no fee. Now there was a €300 fee for a three-year permit. But one no longer needed a license if he was stuffing up to 30 birds a year for personal collections.  

SECRETARIAT STANDS ITS GROUND

The Parliamentary Secretariat for Agriculture, Fisheries and Animal Rights said that under the amended legal regime, provisions concerning controls over importation, transport, sale, taxidermy and possession of wild birds have been revised to prevent and deter any possible abuse.

The amendments also widen the remit of the Malta Ornis Committee by introducing the possibility for the Committee to recommend the closure or suspension of any hunting or taking season, or any other alteration of the season’s parameters. 

Through the amendments, the Wild Birds Regulation Unit inspectorate is being given the same legal tools as those granted to environment inspectors under the Environment and Development Planning Act.

The secretariat also insisted that all legal procedures were followed in the issuing of the legal notice.

The amendments were discussed thoroughly within the Malta Ornis Committee for three months and the published amendments evolved as a direct result of this discussion. They incorporated the feedback received from relevant stakeholders, including Birdlife Malta.

The Secretariat said the WBRU was always responsible for enforcement, with the Specialist Enforcement Branch established in September 2013. Its role is complementary to the police, but remains distinct. The new amendments make this role clearer.

In Reply, BirdLife said the WBRU did not provide all of the amendments in a single document so their impact could be considered in its totality and feedback given as a proper consultation.

“They have broken their own rules since such proposals would normally go to Ornis for full discussion, amendment and eventual approval. None of this was done,” it said.

While some elements of the changes in the legislation were discussed at Ornis, many of the changes were never brought before Ornis.

Furthermore key issues were never discussed, such as the new enforcement powers of WBRU and changes in the responsibilities of Ornis.

BirdLife also insisted that this is the first time the WBRU has been given explicit powers of enforcement. “It is obvious that this is the case. If it were not so, the legislation would not have needed to be changed,” it said.

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