Two hunting organisations are calling on the government to revoke enabling framework legislation which, they said, restricted the application of a derogation to allow spring hunting.
In a letter to the Prime Minister and the leader of the Opposition, the Hunting Federation, FKNK and St Hubert Hunters, KSU, referred to the government’s ongoing discussions with the European Commission in respect of the framework legislation for this year’s spring hunting derogation.
They argued that the enabling framework legislation enacted on April 9 last year should be revoked.
“Such legislation could create a very dangerous precedent, and is superfluous to “Birds” Directive requirements because a derogation would need to be applied every year anyway.
“No matter how wide its parameters, any framework legislation is always restricted to pre-set boundaries and conditions even if they fall outside the requirements of the directive,” it said.
The organisations said that the framework legislation fell short for several reasons. These included that:
* While purporting to allow a maximum of three weeks of hunting in April only, it reduces the total number of hunting days to a maximum of nine (2011: 8½ days), permitting hunting up to noon, and banning it on Sundays and public holidays. The original spring hunting period lasted 59 days in March, April and May.
* It discriminately and undemocratically restricted the number of special licences by means of a lottery.
* It used a spurious and unscientific method to calculate huntable bird numbers, ignoring the requirement that this should be the result of a scientific exercise as outlined in the Guide to Sustainable Hunting Under the “Birds” Directive published by the EU Commission, and failed to offer huntable bird numbers that constituted a satisfactory alternative solution to the inconsiderable bags recorded in autumn.
* It went against the September 2009 European Court of Justice judgment of the as it unnecessarily banned trapping.
* It made no allowance for the different timings in the migration pattern of the two species to be hunted.
The organisations argued that having witnessed the failure of this framework legislation in April last year, and having noted the Commission’s criticism of its structure, they felt that the government could do that better if it were not shackled by this piece of legislation.
They reminded Dr Gonzi of government statements made to the effect that the FKNK would be consulted on all matters pertaining to hunting.
The organisations said they trusted that the necessary decisions were made to ensure that their members would benefit fully from the landmark judgment delivered in their favour by the European Court of Justice in 2009.
They insisted that they expected “no more and no less” than what was permitted by the “Birds” Directive and as guaranteed in writing by Malta’s previous Prime Minister, tacitly accepted by the Commission and published as public information by the Malta EU Information Centre on the eve of the EU referendum.
On behalf of 10,000 shooters, trappers, and their families, the FKNK and the KSU solicited the Prime Minister’s immediate action on the matter.
Their letter is accompanied by FKNK’s latest proposals in the form of a Legal Notice for the correct application of a derogation from the EU “Birds” Directive to permit hunting and trapping of turtle doves and quails this spring.
The proposals call on the collaboration of BirdLife Malta, local personnel and volunteers with regards to the enforcement of the respective legislation.
FKNK’s proposals have also been passed on to the Ornis Committee that is legally bound to make its recommendations to the minister for the opening of any hunting season, four weeks prior to the proposed opening date.