No decision yet on finch trapping suspension

The European Commission has not yet decided whether it should ask the EU courts to apply interim measures that would see finch trapping suspended in Malta.

Earlier this week, the EC officially referred Malta to the European Court of Justice over its refusal to stop finch trapping, which is banned by the Birds Directive.

However, with only 24 days to go until the finch trapping season is set to open, a spokesperson for environment commissioner Karmenu Vella confirmed with MaltaToday that they have not yet taken any decision on temporary measures to stop the season.

Moreover, an ECJ spokesperson said the Commission has not yet filed its case against Malta at the courts. “It usually takes at least six months between when the Commission announces its intentions to charge a country in court and when it actually files its case.”

Malta banned trapping in 2009 as per its EU accession treaty, but it was re-introduced by the current Labour government following its 2013 election victory.

Although the trapping of live migratory birds is banned across the EU, member states may derogate from the law “if there is no satisfactory solution, and if the derogation is used judiciously, with small numbers and under strict supervision”.   

The government and the hunting federation FKNK believe they have satisfied the necessary conditions to derogate from the ban, while FKNK president Joe Perici Calascione claims Malta’s EU accession treaty did not commit itself to an entire ban, but one that is conditional on the setting-up of a captive breeding programme. 

Since such a programme was never successfully implemented, he argues that the treaty clause demanding a trapping ban is null and void.

Trapping birds for fun ‘not judicious’

However, BirdLife conservation manager Nicholas Barbara said the FKNK had never supported the introduction of the captive breeding programme in the first place, and that it always insisted there was no alternative to traditional trapping. 

“Our main argument is that trapping birds for fun does not constitute a judicious application of the derogation,” Barbara says, who goes on to cast doubt on whether it is logistically possible for trapping to be strictly supervised. 

“Trappers have a seasonal bag limit of ten finches, but at the same time are allowed to operate four trapping sites,” Barbara said. “One clap net can ensnare ten finches at one go, and over 8,000 trapping sites were registered last year. Experience has shown us that it is virtually impossible to enforce, unless a police officer is deployed at every single trapping site.” 

Problems also exist with regards selectivity – namely that trappers can easily use their clap nets to ensnare other birds not covered by the derogation. Indeed, Barbara argues that the illegal trapping of finches was widespread in autumn 2013, when a derogation was granted solely for the trapping of golden plover and song thrush. 

“Trappers used the derogation on golden plover and song thrush as a cover for the illegal hunting of finches,” he said. “The next year, the government applied a derogation on finches.”