Commission grants maximum allowable catch for spring hunting

Prime Minister Lawrence Gonzi said in parliament today that a derogation from the EU ban on spring hunting will not need to be applied, if the total catch in autumn does not exceed 20,000 quail and 21,000 turtle dove.

The maximum allowable catch in spring will be limited to 5,000 quail and 11,000 turtle dove if the limit for autumn hunting is not exceeded.

This maximum bag limit can be reduced by inverse proportion to the catch in autumn, so that the 11,000 turtle dove and 5,000 quail can only be allowed in spring, if the catch in autumn was limited to 10,000 quail and 10,000 turtle dove or less.

In their reaction to the news, BirdLife said the amendments had not been discussed at the Ornis Committee and even claimed the government was misinforming the public when it claimed it had reached an agreement with the EC. "The Commission does not make agreements with member states on derogations... it is Malta's responsibility to ensure derogations are applied according to EU law."

In a controversial decision, the European Commission and the Maltese government have agreed to allow the opening of the season for spring hunting, which is banned by the EU’s Birds Directive.

Member states can derogate from this ban under Article 9, but in the case of Malta the derogation “will not be opened” if autumn hunting is limited to the maximum allowable catches of quail and turtle dove.

Malta can derogate from the Birds Directive to hunt for turtle dove and quail under Article 9, but Gonzi said the flexibility of this condition was put in doubt by the ECH’s sentence in the case the Commission brought against Finland. “This sentence prohibited spring hunting because a possibility to hunt birds in the autumn already existed. This made it very difficult for Malta to convince the EC that its case was different from Finland’s, and it even took Malta to court to prevent it from opening the spring hunting season

Gonzi said in his statement that every derogation is to be considered separately every year it is applied. “Every derogation has to consider the state of conservation of the species when the maximum number of birds that can be hunted is established; every derogation must consider the possibility of hunting in autumn, prior to the spring season… and any derogation must ensure the protection of the species to satisfactory levels.”

Gonzi said the deal with the EC was “exceptional” and thanked Permanent Representative to the EU Richard Cachia Caruana, who led the negotiations.

“No member state has ever managed to make a strong enough case to authorise this derogation from the spring hunting [ban].”

Gonzi also said the EC declared the deal as the “absolute maximum acceptable position”.

The prime minister said the deal was witness to the government’s will in defending its accession treaty with the EU. “While this is a success in preserving Malta’s hunting traditions, the government is committing itself to ensure this tradition is practiced in full respect of the environment and the rights of all citizens.”