S.L. 549.145 Art. 6Other satisfactory solutions and selectivity.

(1) The research study shall, in line with current knowledge, after due assessment and analysis, ensure that:

(a) there is no other satisfactory solution; and

(b) selectivity, including the reduction to a minimum of any accidental by-catch, is ascertained.

(2) For the purpose of these regulations, birds from the * relevant species may only be captured by selective** nets known as clap-nets for the purpose of control and, or affixing of scientific rings and, or satellite-tags, in accordance with these regulations.

(3) The capturing or the attempt to capture birds 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.

(4) In the unlikely event of an accidental by-catch, such specimen shall be immediately released back into the wild.

(5) The nets used shall under no circumstance have a mesh size that is less than 18mm x 18mm:

Provided that the clap-nets referred to in this sub-regulation shall consist of two parallel nets spread flat on the ground which capture birds unharmed by clapping (folding) over each other on the ground, and which are armed and operated solely by human intervention without the use of any external power means including electrical, electronic, or mechanical means, and the largest size of each such net shall not in any case exceed thirty-eight square metres.

(6) The Regulatory Body shall only consider a clap-net pair as approved if the following criteria are met:

(a) the clap-net pair shall not be located in a protected area as defined in regulation 2 of the Wild Birds Regulations;

(b) a research station shall not contain more than one

(1) pair of clap-nets for the relevant species; and

(c) the data collector shall not use more than one (1) pair of clap-nets for the relevant species at any one time.