The European Commission is seeking clarification on the government’s decision to open an autumn trapping season for golden plover, song thrush and seven finch species.

“Following the recommendation issued by the Ornis Committee, our services have now launched an enquiry into the matter with a view to seeking further information and clarification from the Maltese authorities,” the Commission told Times of Malta.

The Commission also said that during the bilateral discussions held with Malta on the possibility of an autumn trapping season for finches, “we have clearly expressed our strict interpretation of the EU Birds Directive”.

The trapping of finches and other strictly protected bird species is prohibited under the Birds Directive, the Commission said. It pointed out that Malta was given a transitional arrangement in the Accession Treaty to phase out this activity. The arrangement expired in 2008.

Malta may only derogate from the requirement for strict protection, in the absence of other satisfactory solutions, if the conditions for use of such derogations are met, according to the Commission.

“It must be recalled that a derogation is an exception to the application of the legislation and its use must be strictly limited and fully justified in accordance with the said directive,” the Commission said, adding that the country was already being investigated for past derogations on trapping.

Malta’s past trapping seasons triggered two formal warnings from the commission, in 2011 and 2012.

According to Birdlife Malta, the new proposed derogation is not a justifiable or even enforceable derogation. “It simply boils down to legalising the capture of wild finches for recreational purposes,” said conservation manager Nicholas Barbara.

Ten wild finches can be trapped with a single swipe of a net on any day on just one site

Each licensed trapper will, under the issued legal notice, be allowed to operate a maximum of four trapping sites measuring 38 square metres each, every day, for two months between October 20 and December 31 to catch a total of 10 finches.

“Ten wild finches can be trapped with a single swipe of a net on any single day involving just one trapping site. Multiply that by an unlimited number of trappers, each having a maximum of four trapping sites each across Malta’s landscape, operating for a whole two months.

“That is the scale of the ridiculousness of this derogation being sought, simply to appease the trapping lobby,” Mr Barbara said.

Since last Tuesday, the Wild Birds Regulation Unit started to receive applications for new licenses, lifting a moratorium on trapping licences imposed in 2002.

The moratorium on new trapping licences had been introduced as a measure to let the practice die a natural death.

“The decision to allow applications for new licences to people that have never trapped for finches before means that a whole new generation of trappers will be taking up the practice, making it ever harder to phase out and clearly defying any excuse to return the practice for traditional reasons,” Mr Barbara said.

Birdlife Malta Executive Director Steve Micklewright said it was now up to the European Commission to evaluate Malta’s move.