The Ornis Committee is expected to shoot down a proposed hunting penalty reform and amnesty on illegally stuffed birds, The Sunday Times of Malta has learnt.

Sources within the government’s consultative body on hunting legislation said the committee had unanimously disapproved of the proposals. Leaked documents seen by this newspaper last month revealed the government is considering increasing the fines for shooting protected birds twentyfold.

The drastic increase would see offenders fined as much as €100,000, double the maximum fine for drug trafficking. The maximum fine for hunting offences is currently capped at €5,000, with most receiving fines in the region of €2,000 to €4,000.

The government’s Wild Birds Regulation Unit is also considering introducing a mandatory two-year prison sentence for first time offenders. This would be ‘non-suspended’, meaning offenders would automatically serve two-years behind bars if found guilty of shooting a protected bird.

The board is expected to communicate its disapproval after its next meeting in a fortnight

Ornis Committee sources said discussions on the proposals were ongoing; however, the board was expected to communicate its disapproval of the amendments after its next meeting in a fortnight. The committee is made up of representatives from the hunting and conservationists lobbies, both of which are against the proposals.

Although proposals are normally floated by the consultative body, the government has no obligation to heed its advice. Despite this, sources said the suggestion of mandatory prison time had too high a social cost and was not a fair punishment for hunting illegalities.

“Sending someone to prison and making them pay that fine, would have a huge social cost, it would wreck a person. If the idea is to set an example by sentencing a few people to deter hunters, then that is something the committee is not onboard with,” the sources said, adding that the harsh sentences seemed to clash with the debate on easing penalties for drug users.

Instead, the committee is insisting the current penalties, which sources described as “ample”, should be better enforced. This, they suggest, could be done by setting up a Wildlife Crime Unit, which would be dedicated to ensuring the current laws are adhered to.

“The penalties in place are already quite serious, but when they aren’t enforced they stop serving their main function and become irrelevant,” sources said, adding that they were concerned with “gaps” in the enforcement of penalties.

These include monitoring minor offences such as the use of oversized nets for bird trapping and incorrect bag counts. Illustrating their point, the sources referred to the persistent use of electronic bird callers, saying that while almost no convictions had been made on this, conservationists had reported as many as 72 cases in just four days last April.

Penalties may not be the only reform ushered in. The government is also proposing allowing hunters to register illegally stuffed birds. If adopted the reform would allow hunters to pay a one-off €500 fee along with €50 for every specimen they declare. They would also be allowed to keep the birds.

This contrasts sharply with the current fine for possession of protected species – as much as €2,500 and confiscation of the specimen. Similar amnesties in 2003 and 1998 saw more than 400,000 stuffed birds declared. The new proposal highlights birds stuffed before May 2003, saying these would be eligible for registration.

Ornis sources, however, questioned the reasoning behind the proposal saying there was no way to known when a stuffed bird was shot.

“If this amnesty was to go ahead it would be a travesty of justice,” they said.

So, what is the proposed punishment?

Shooting at protected birds could carry the same prison sentence given to grave robbers and child neglecters but with a much heftier fine, if legal changes go ahead.

The government’s proposal to introduce a mandatory two-year prison sentence could see hunters put behind bars on a first offence without being given the chance of serving less time for a suspended sentence.

If approved, this would be among the harshest illegal hunting systems in Europe.

Hunters currently face a €5,000 fine and a maximum of two-year imprisonment that is very often suspended.

The government, however, is proposing slapping hunters with a whopping €100,000 fine, 20 times the current sum, above an automatic two-year prison term.

Lawyer Joe Giglio said the proposed fine was nearly double that often given to drug traffickers.

The Criminal Code, however, sets a limit on how long a person can spend in prison when unable to pay fines of this amount. Convicts who are unable to pay fines may choose to exchange time in prison at a rate of €35-a-day.

If approved, this would be among the harshest illegal hunting systems in Europe, slapping hunters with a whopping €100,000 fine

Luckily for them, the prison exchange period is capped at two-years for fines exceeding €80,000, meaning the maximum a hunter could spend in prison would be four years.

A comparative exercise by The Sunday Times of Malta found that the proposed penalty reform would see unscrupulous hunters handed a prison sentence just one year shy of that given for some forms of child defilement, and certain cases of abduction.

These crimes carry a three-year sentence which may be extended in certain circumstances. The law, however, also allows for a minimum 18-month term to be given, meaning some of these offenders could theoretically walk out six months before a convicted illegal hunter.

Other offences with the same two-year penalty include perjury, illegal arrest, and condoning, denying or grossly trivialising violent crimes. None of these carry a mandatory prison sentence, meaning suspended sentences could be given.

Aiding and abetting a child molester also carries the same two-year sentence as does non-fatally poisoning someone, however, these do not carry mandatory prison-time either.

The proposed penalty is actually double that given for some forms of violent indecent assault and for concealing a dead body.