Malta in hot water over trapping of protected birds

By Samuel White | EURACTIV.com

 Nov 9, 2017

Malta opened its wild bird trapping season in October, disregarding its EU accession promise to outlaw the practice and a pending case at the European Court of Justice.

The tradition of trapping wild songbirds to keep in captivity is deeply rooted in Maltese society. Trappers use live decoys to attract migrating finches, which are highly prized for their song, to their nets.

But the controversial trapping practice has landed Malta in hot water with environmental NGOs and the EU courts. Not only are finches protected under EU law – like all wild birds – but the use of nets is not a permitted method of capture.

After banning the practice in 2009 to respect the EU’s Birds Directive and uphold a promise it made before joining the EU in 2004, Malta backtracked in 2013. Courting favour with trappers, the newly-elected Labour government reopened the trapping season using a derogation supporters say is justified by the small scale of the activity.

“The Birds Directive is designed to allow these culturally important small-scale traditional hunting activities,” said Ludwig Willnegger, secretary-general of the European Federation of Associations for Hunting and Conservation (FACE).

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Hunter fined €2,500 for shooting protected bird, licence suspended, gun confiscated

Hunters condemn incident

A hunter was this afternoon fined €2,500 after admitting to having shot dead a protected Cuckoo in Manikata this morning.

Stefan Micallef, 43, of Naxxar, who was taken to court this afternoon, also had his licence suspended for three-and-a-half years. His shotgun and ammunition were confiscated.

Mr Micallef had told the police he shot the bird - a cuckoo - by mistake, thinking it was a Turtle Dove. The applicable fine for shooting this type of bird was between €500 and €2,500.

The police earlier confirmed that they had seized a cuckoo that was illegally shot in the Manikata area and a man was arrested.

In a statement in the afternoon, Birdlife said its volunteers filmed the cuckoo falling from the sky after a shot was heard. A second shot was then heard from the area where the bird fell, and a hunter was observed searching the area and hiding the bird.

The police were called to the site and seized the dead bird from where it had been hidden under a bush. Birdlife said it handed over all video evidence which should help to identify the hunter to the police.

Mr Micallef had posted a message on Facebook following the referendum result last Sunday, thanking everyone who voted yes. He committed himself to doing everything he could “to make sure the law is observed”.

One of the replies to his post said: “You can show us some gratitude by respecting the law and behaving yourselves. A lot of people voted against spring hunting and a lot [of] people have their eyes pinned on you guys for any incident that may happen.”

In a statement, the government said this was a sign that enforcement was working "effectively and immediately". It said that the police were acting on a report from Birdlife.

"Whoever is caught breaking the law will find no protection and will have to face fines which were among the stiffest in Europe for their criminal acts," it said.

The government also said that the government's warning was clear "if there are flagrant illegalities, the season will be closed".

The statement came after several people tweeted about the incident using the hashtag #josephzommkelmtek .

The hunters organisation St Hubert Hunters also issued a statement to "unreservedly" condemn the incident. It called for the appropriate penalties to be applied.

"We emphatically state that given the mandate of the majority in a referendum that ultimately permits spring hunting we will not tolerate any abuse.

"We appeal to all hunters and members of the public to report any illegal hunting activity to the police on telephone number 119," the association said.

Continued ...

Autumn’s first migrating protected birds shot at – BirdLife

Some of this autumn’s first migrating birds have already been shot at and killed by illegal hunters in four different locations around Malta over the past two days, BirdLife Malta said in a statement this afternoon.

BLM said that “yesterday, a member of the public reported seeing an early migrating Marsh Harrier, one of the first seen this season, being shot three times by a man at Zonqor Point in Marsascala. The man was then seen collecting the shot bird and walking off with it.”

“Then, this morning, a flock of herons was seen, again in Marsascala, and again a member of public reported that shots were fired at the birds as they passed. Later in the day another report of herons being shot at was received, this time from Qawra Point, just next to a popular bathing spot,” BLM said.

BirdLife Malta said that this afternoon it received a Night Heron that had “evidently been hit by shotgun pellets that left a hole in its left wing. The injured heron was immediately taken to a vet, but the wound was so severe that it had to be put down.”

BLM pointed out that “these incidents come just days after the Government announced a four hour roll back of the curfew on hunting during afternoons during the peak migration period in September.”

Nicholas Barbara, Conservation Manager of BirdLife Malta said, “No sooner do migrating birds appear over Malta than they are shot at, proving that more controls to prevent illegal shooting of birds are required, not less.”

http://gozonews.com/40362/autumns-first-migrating-protected-birds-shot-at-birdlife/

Eating Protected Birds Poses Legal Challenges

When a white-winged dove crashed head-first into the side of his house and died on impact, Ryan Adams decided to make the best of a sad situation: a gourmet dinner.

But the Pflugerville, Texas, resident didn't realize that while he solemnly rubbed the bird with bacon grease and paprika, he was also rubbing state law enforcers the wrong way.

Though white-winged doves, a popular game bird, had gone into season in Texas 24 hours before Adams heard the thump, the Texas Parks and Wildlife Department took issue with the apparently illicit means by which Adams had attained his meal, without either a gun or a license. The agency opened an investigation into his activities, according to CBS Dallas/Fort Worth, finding ample evidence on Adams' blog, where he had documented the preparation and consumption of the bird in vivid detail.

"People travel long distances and pay big bucks to hunt these birds, and one had just been dropped into my hands," Adams wrote in his blog post. "A lot of people would either bury or throw away a dead animal under these circumstances. I am not one of them."

But it turns out that Adams' pioneer mentality is in conflict with both state and federal law, the latter of which protects white-winged doves under the Migratory Bird Treaty Act.

Continued:  http://www.huffingtonpost.com/2012/10/15/eating-birds-legal-ryan-adams_n_1967095.html?utm_hp_ref=green

Gov't to allow Indians to possess eagle feathers

WASHINGTON — The Justice Department said Friday it is going to allow members of federally recognized Indian tribes to possess eagle feathers, although that's a federal crime.

This is a significant religious and cultural issue for many tribes, who were consulted in advance about the policy the department announced.

The Bald and Golden Eagle Protection Act and other federal wildlife laws criminalize the killing of eagles, which are listed as either endangered or threatened, and possession of feathers and bird parts, but the Constitution and federal laws also give tribes local sovereignty for self-government.

Under the new Justice Department policy, tribal members will not be prosecuted for wearing or carrying federally protected birds, bird feathers or parts. They also may pick up feathers found in the wild as long as they do not disturb federally protected birds or nests. Giving, lending or trading feathers or bird parts among tribe members, without any other compensation, also will be allowed.

While Justice did not previously have a written policy, the new directive is in line with long-standing practice by Justice prosecutors, U.S. attorneys and the Interior Department not to prosecute in such circumstances.

But the Justice Department will continue to prosecute tribe members and nonmembers alike for violating federal laws that prohibit killing eagles and other migratory birds or the buying or selling the feathers or other bird parts.

In addition, members of federally recognized tribes are covered by the new Justice Department policy regardless of whether they have a U.S. Fish and Wildlife Service permit, Attorney General Eric Holder said in a memo to U.S. attorney offices around the country.

Continued:  http://www.huffingtonpost.com/huff-wires/20121012/us-justice-eagle-feathers/

Malta needs wildlife police force say RSPB UK and BirdLife Malta

Illegal hunting and killing of protected birds in Malta has increased significantly during the autumn migration according to the initial analysis of data collected by BirdLife Malta’s international Raptor Camp observers.   

“Since the hunting season opened on the 1 September, BirdLife Malta alone received 23 shot protected birds, an increase of more than 40% over the same period in 2011,” BirdLife said.

Bob Elliot, Head of the RSPB Investigation Team, said Malta needs Wildlife Crime Unit as that available in the UK. “The Wildlife Police Force in the UK has proven effective and should resources be pooled to set something similar up in Malta, I believe illegal hunting would drastically be reduced.”

Continued:  http://www.maltatoday.com.mt/en/newsdetails/news/national/Malta-needs-wildlife-police-force-say-RSPB-UK-and-BirdLife-Malta-20120929

Malta politicians chasing hunting votes

http://www.wildlifeextra.com/go/news/malta-election.html#cr