I refer to the reports in The Times of July 5 and July 10 on the above subject.
For the benefit of readers as well as to clarify some misconceptions, it should be noted that as regards trapping of certain species of bird during the autumn/winter open season of 2008/9, the Ornis Committee at its meeting on Thursday, July 3, agreed to make the following recommendations to the Prime Minister as the minister responsible for the environment:
(a) Trapping of finches (the seven species) to be allowed from October 1 2008 to the December 31 2008;
(b) Trapping of turtle dove and Quail to be allowed from September 1 2008 to October 30 2008;
(c) Trapping of golden plover and song thrush to be allowed from October 20 2008 to January 10 2009.
It should be pointed out that with regard to the recommendation at (a), Malta's Accession Treaty clearly states that "By way of derogation from articles 5 (a), 5 (e), 8(1) and Annex IV (a) of Directive 79/409/EEC, Carduelis cannabina, Carduelis serinus, Carduelis chloris, Carduelis carduelis, Carduelis spinus, Fringilla coelebs and Coccothraustes coccothraustes may be deliberately captured until December 2008 by traditional nets known as clapnets within the Maltese Islands exclusively for the purpose of keeping them in captivity ..." Thus the Ornis Committee in making the recommendation at (a) regarding these seven species of finch was keeping within the terms of the provisions of the Treaty of Accession.
As regards the trapping of turtle dove and quail, the Ornis Committee in making that particular recommendation was careful not to go beyond December 31 2008 as the closing date of the season. Thus the reports in The Times as quoted by Mr Micallef and Mr Camilleri were mistaken in stating that Ornis recommended that the season for these two species be closed January 31 2009.
As regards the trapping of golden plover and song thrush the Ornis Committee last year sought the advice of the Attorney General on the specific issue as to whether trapping could be allowed during the autumn season for these two species under the Birds Directive by using the derogation under article 9.1. (c) thereof. On the basis of this advice the Ornis Committee felt confident that it can make the recommendation to government as found at (c) above of this letter.