S.L. 549.159 Art. 1Citation andscope.     S.L. 549.145. 2 [S.L.              S.L. 549.145.

(1) The title of these regulations is the Conservation of Wild Birds (Declaration on a Derogation Allowing Scientific

Research on Seven Finch Species in Autumn 2023) Regulations and these regulations shall be read in conjunction with the Conservation of Wild Birds (Framework for Allowing a Derogation to Carry out Scientific Research on Seven Finch Species) Regulations, hereinafter referred to as "the Framework Regulations".

(2) For the purpose of these regulations and within the meaning of Articles 9(1)(b) and 9(2) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, hereinafter referred to as "the Birds Directive", in particular as read in conjunction with Article 10 and Annex V(c) of the said Birds Directive, given that within the territory of Malta:

(a) the European Greenfinch (Chloris the chloris), Hawfinch (Coccothraustes the Common coccothraustes), Chaffinch (Fringilla the Common Linnet (Linaria coelebs), the Eurasian Siskin (Spinus the European cannabina), spinus), Goldfinch (Carduelis and the European Serin carduelis) (Serinus hereinafter referred to as "the relevant serinus), species", are non-resident, passage migrant birds;

(b) the mist-net system used for capturing birds is not * adequate to provide data on bird ring recoveries pertaining to the relevant species to provide conclusive information on the regions of origin of the main bird contingents (reference population), as confirmed by the Court of Justice of the European Union in Case C-557/15; and since

(c) bird-ringers from the national ringing scheme

* Data on ring recoveries of the relevant species controlled in Malta by means of the mist-net system from 1920s to 2018 is available on these sites: https:// birdlifemalta.org/wp-content/uploads/2016/08/BLM-Report_The-international-impact-of-hunting-and-trapping-in-the-Maltese-Islands.pdf [Sections 3.4 and 3.5.3] and https://ministryforgozo.gov.mt/en/Documents/WBRU/ Reports%20and%20Statistics/ringRecov0818.pdf. DEROGATION ALLOWING SCIENTIFIC RESEARCH ON 549.159 SEVEN FINCH SPECIES IN AUTUMN 2023)

cannot and are ethically against the use of live-decoys for the purpose of scientific ringing and control, which live-decoys are * the key component of how a clap-net system operates *, the Minister is hereby ascertaining the absence of another satisfactory solution to carry out a comprehensive research study by licensed individuals using registered clap-nets as the most selective method** for capturing specimens from the relevant species, in order to record data on ring recoveries (control) and affix scientific rings, followed by their immediate release back into the wild and insofar as it is absolutely necessary to obtain data to determine Malta’s reference population of the relevant species, in accordance with the provisions of the Birds Directive and the Framework Regulations.