Updated | WBRU denies reduction of penalties for illegal possession of protected birds

BirdLife Malta condemns proposed legal changes that would subject people in possession of protected birds to lower fines and legalise possession of protected birds caught outside EU 

Birdlife Malta chief executive Mark Sultana (centre) Photo:Ray Attard
Birdlife Malta chief executive Mark Sultana (centre) Photo:Ray Attard
Fines to be reduced for people in possession of protected birds • Video by Ray Attard

People found to be in possession of protected birds will be subjected to lower fines, with a proposed legal notice distinguishing between a person caught red-handed shooting at a protected bird and another simply found in possession of such a bird.

“This is yet another scandalous attempt to weaken the strength of those who are responsible in enforcing the law,” BirdLife Malta chief executive officer Mark Sultana told a press conference.

Appealing to Prime Minister Joseph Muscat not to implement the proposed changes, Sultana said that the proposed legal notice will also allow people to be in possession of any non-EU bird, irrespective of its protection status in its country origin.

Sultana argued that this will effectively be an ‘amnesty’ for people presently breaking the law by being in possession of birds, such as eagles, caught in territories outside of Europe.

“This will encourage persons to go for hunting trips in countries such as Argentina and Ethiopia,” he said.

“People who organise these trips as part of their business, have a lot to benefit from this amendment, making us suspect that they actually lobbied for this change.”

“Nature protection does not stop with the borders of the European Union,” he added, stressing that birds are a global and universal heritage.

“Ironically, when talking about other environmental issues, such as climate change, the government looks at them from a global perspective. So we ask why should it be any different for birds?”

The public consultation process on the legal notice will end on Wednesday 23rd December, and Sultana urged Muscat and environment minister Leo Brincat to scrap it for the benefit of birds.

"These latest proposals are the latest in a number of changes or attempted changes that the Wild Birds Regulation Unit have spearheaded with the sole intention of weakening the law that was specifically designed to protect our birds,” he said.

Referring to the Spring hunting referendum held earlier this year, Sultana said that although the Maltese citizens had sent a clear message to the government that they were asking for more consideration of the environment, not much had been done to answer this message.

“The WBRU recently removed the requirement for taxidermy licenses and introduced administrative fines as penance for hunting offences that were previously subjected to prosecution in court,” he said, adding that a legal notice issued in August had also increased WBRU’s remit to include enforcement and the issuance of licenses and permits.

“BirdLife Malta can understand, even in disagreement, that the government has a declared policy in favour of hunting and trapping practices,” Sultana said.

“However, while the government is declaring a zero tolerance on illegalities, it is using the WBRU to weaken the Wild Birds Regulations.” 

Wild Birds Regulation Unit​ reacts

In a press statement, the Wild Birds Regulation Unit said that the legal notice does not involve the reduction in penalties for the illegal possession of protected birds.

“No distinction has been made between the shooting or attempted shooting of protected birds, and their possession,” it said.

“The higher penalties referred to by BirdLife Malta are those already assigned to Annex I and Annex IX species, which are not subject to any changes through this legal amendment.”

Proof of the legal acquisition of non-European birds remains a statutory requirement.

“The amendment also seeks to set up a Conservation of Wild Birds Fund to be used to support activities, projects and schemes concerning conservation of wild birds and other objectives related to the implementation of Conservation of Wild Birds Regulations.”