S.L. 549.145 Art. 12Special research licence contents. 

Every special research licence issued in terms of these regulations shall:

(a) indicate the dates of the research period for the relevant species;

(b) specify that no research activities may take place between two (2) hours after sunset and two (2) hours before sunrise of the following day;

(c) provide that no research activities shall be allowed within protected areas as defined in regulation 2 of the Wild Birds Regulations;

(d) specify that the research activity shall only be carried out within the sites approved for that purpose by the Regulatory Body, except those that may have been revoked;

(e) specify that the data collector is only authorised to use one (1) research station for the relevant species at any one time and that such research station shall not contain more than one (1) pair of clap-nets from one (1) hide with each net having an area of not more than thirty-eight square metres and a mesh size of not less than 18mm x 18mm;

(f) provide that the layering of two or more nets on top of each other or any other modification, including creation of ‘pockets’, is strictly prohibited;

(g) provide that the data collector shall only use a manually-operated selective clap-net pair which consists of two parallel nets spread flat on the ground and which is armed and operated solely by human intervention without the use of any 549.145 SCIENTIFIC RESEARCH ON SEVEN FINCH SPECIES)

external power means including electrical, electronic, or mechanical means;

(h) specify that before the data collector leaves the research station and during prohibited hours, the nets shall either be removed or completely covered and that during all permitted hours whilst the licensee is at the research station, the clap-net pair shall be supervised at all time:

Provided that the clap-net pair, including nets and poles, shall be completely dismantled immediately upon closure of the research period and removed from the site;

(i) provide that, the capturing or the attempt to capture birds or other fauna not from the relevant species and the use of any means to attract birds not from the relevant species to the clap-net pair is strictly prohibited, and also provides that in the unlikely event of an accidental by-catch, such specimen shall be immediately released back into the wild by the licensee;

(j) limit possession and, or use of pre-recorded bird calls to the relevant species only;

(k) limit the use of live-decoys to birds from the relevant species fitted with a closed ring, to birds from the relevant species that were fitted with a single-use ring issued by the Wild Birds Regulation Unit bearing code R16U, to their colour mutations (colour-variants) fitted with a closed ring and to mules and, or hybrids:

Provided that colour mutations (colour-variants) from the relevant species may only be used by the licensee as call birds (‘għajat’) and not as fluttering decoys (‘taħrik’);

(l) require the data collector to record the scientific ring identification numbers, details of the specimens and the site location from where it was captured, as specified on the ring recovery form issued by the Wild Birds Regulation Unit, after the specimens from the relevant species have been ringed or controlled, followed by the immediate release of all specimens from the same research station, and also require that each specimen captured is reported in real-time to the Regulatory Body in the format as prescribed in the special licence and that the ring recovery form in hard copy format is returned to the Regulatory Body within the deadline as specified in a separate letter issued to the licensee following closure of the research period;

(m) require that the general live-capturing licence or the bird ringing licence, as applicable, which also serve as a means of identification, and the site plan approved by the Regulatory Body and registered with the Commissioner of Police, shall be kept by the data collector together with the special research licence issued under these regulations at all times whilst the data collector is at the research station or travelling to and from the research station;

(n) require that any legal restriction or obligation, including with regard to place, dates, days and times, as well as the conditions set out in the special research licence, are strictly complied with by the data collector;

(o) provide that during the research period, live-

decoys for the purpose of these regulations shall not be kept in cages smaller than 190mm in length, 130mm in width and 120mm in height;

(p) provide for other conditions of relevance to ensure that the derogation is properly implemented and strictly supervised in line with the Wild Birds Regulations and the Birds Directive (2009/147/EC); and

(q) reproduce the provisions of regulations 7 and 11

of these regulations.