S.L. 549.42 Art. 10Ornis Committee.

(1) There shall be a committee to be known as the Ornis Committee.

(2) The Ornis Committee shall be composed of not less than nine members and not more than eleven members who shall be appointed by the Minister for a term of one year, as follows:

(a) a Chairman;

(b) the Director, or his representative, of the Environment Protection Directorate within the Environment and Resources Authority or his successor in title;

(c) three persons known for their integrity who are independent from any organization related to bird conservation and, or hunting;

(d) two members to be nominated by an organization representing persons licensed to hunt and, or, to take;

(e) two members to be nominated by an organization which represents persons knowledgeable in, or working for, the protection of avifauna;

(f) a person with knowledge of, and experience in avifauna;

(g) a person with knowledge of and experience in hunting and taking of birds: Provided that where there is more than one organization which qualifies under regulation 2, to be appointed as is referred to in either paragraph (d) or (e) of this sub-regulation, then there shall be two members appointed in terms of each paragraph (d) and (e), in which case the two members appointed under the paragraph where there is more than one organization will be appointed as follows:

One member nominated by the organization having the most members and one member nominated by the organization having the next higher number of members.

(3) (a) The committee shall be properly constituted and may function notwithstanding any failure to nominate any or all of the members mentioned in sub-regulation (2)(d) and (e);

(b) The members referred to in sub-regulation (2)(a), (b), (c), (d) and (e) shall each have one vote;

(c) The organizations referred to in sub-regulation (2)(d) and (e) shall hold one vote per organization;

(d) The other members of the Committee shall have no vote;

(e) The Minister shall appoint a person to act as Secretary of the Committee.

(4) The quorum of the Ornis Committee shall consist of the Chairman and not less than half the number of voting members, provided that where any members representing the organizations referred to in sub-regulation (2)(d) and (e) of are not nominated, the Chairman shall act on his own, after consulting with the persons mentioned in sub-regulation (2)(c).

(5) Subject to the provisions of sub-regulation (4), the Chairman shall have an original vote and, where the votes are equally divided, a second or casting vote.

(6) The functions of the Ornis Committee shall be to -

(a) recommend to the Minister, for the species referred to in Schedule II and in accordance with the provisions of regulation 5, the open seasons during which hunting may be allowed; such recommendation shall be submitted to the Minister at least four weeks prior to the proposed start of the open season during which hunting may be allowed: Provided that in exceptional circumstances determined in conjunction with the Minister, the recommendation shall be submitted to the Minister at least two weeks prior to the proposed start of the open season during which hunting may be allowed;

(b) recommend to the Minister, in accordance with the provisions of applicable regulations, and without prejudice to the provisions of regulations 8 and 9, the open season during which taking may be allowed; such recommendation shall be submitted to the Minister at least four weeks prior to the proposed start of the open season during which taking may be allowed: Provided that in exceptional circumstances determined in conjunction with the Minister, the recommendation shall be submitted to the Minister at least two weeks prior to the proposed start of the open season during which taking may be allowed;

(c) make recommendations to the Minister on the authorization of derogations from the provisions of regulations 4, 5, 6, 7, 18 and 21 where necessary in accordance with the provisions of regulation 9 and subject to the conditions specified therein: Provided that following any such decisions the Ornis Committee shall verify at regular intervals that the conditions governing the granting of such authorization or authorisations continue to be fulfilled;

(d) make recommendations to the Minister on the establishment of policies and conditions in relation to the renewal of licences for the hunting of birds and the issuing of new licences for the hunting of birds, in accordance with the provisions of these regulations;

(e) make recommendations to the Minister on the establishment of policies and conditions on the confirmation of licences to take and on the issuing of new licences to take as may be necessary in application of regulations 8 and 9, and in accordance with the provisions of these regulations;

(f) make recommendations to the Minister on the establishment of policies relating to the enforcement of regulations;

(g) make recommendations to the Minister on plans for the management of areas for the hunting and taking of birds in accordance with the provisions of these regulations;

(h) make recommendations to the Minister on the establishment of policies relating to awareness programmes associated with any matter concerning these regulations;

(i) recommend to the Minister the adoption of special measures for the conservation of the bird species referred to in Schedule I and for regularly occurring migratory species not included in Schedule I in accordance with the provisions of regulation 3, taking into account their protection requirements in the geographical sea and land area of Malta;

(j) recommend to the Minister, as may be necessary, the adoption of national lists of species in danger of extinction or particularly endangered species, taking into account their geographical distribution;

(k) recommend to the Minister, as may be necessary, the drawing up of listings and ecological descriptions of areas particularly important to migratory species on their migratory routes and as wintering and nesting grounds;

(l) recommend to the Minister, as may be necessary, listings of data on the population levels of migratory species as shown by ringing;

(m) recommend to the Minister, as may be necessary, ecological methods for preventing any type of damage caused by birds;

(n) determine, as necessary, the role of certain species as indicators of pollution and make recommendations to the Minister in connection therewith;

(o) study, where necessary, the adverse effect of chemical pollution on population levels of bird species and make recommendations to the Minister in connection therewith;

(p) recommend measures to the Minister to control and monitor the introduction of any bird species not occurring naturally in the wild state in the European territory of the Member States of the European Union;

(q) recommend and, or commission, as necessary, regular studies and, or assessments relating to the status of the birds;

(r) prepare reports related to any matter arising from these regulations;

(s) recommend to the Minister the revision of any parameters of any hunting or taking season at any time on the basis of latest scientific advice concerning conservation status and maintenance of the population of bird species at satisfactory level, and or on the basis of the assessment of any other factors the Committee deems relevant: Provided that in exercise of its functions, the Ornis committee may draw upon assistance of the Wild Birds Regulation Unit where this is required: Provided further that the Committee may, with the consent of the Minister, delegate specific functions prescribed in this sub-regulation to the Wild Birds Regulation Unit:

Provided further that should there a be a period when the Committee is not constituted, the Minister may, by notice in the Gazette, temporarily delegate the functions of the Committee to the Wild Birds Regulation Unit until such time that the new Committee is appointed:

Provided further that as regards paragraphs (a), (b) and (c), the Minister shall, after having given due consideration to the recommendations submitted by the Committee and exercising his own discretion, by notice in the Gazette -

(i) establish the open seasons during which hunting shall be allowed;

(ii) establish the open seasons during which taking shall be allowed;

(iii) decide on whether or not to authorize derogations from the provisions of regulations 4, 5, 6, 7, 18 and 21 and the conditions under which any such derogations are to be exercised: So however that if, when in acting under this proviso, there exists substantial divergence between the recommendations of the Committee and the decision or decisions taken by the Minister, the Minister shall state in writing to the Committee the reasons for his decision within three weeks from the publication of such decisions in the Gazette.

(7) The Ornis Committee may, with the Minister’s consent, delegate to the Wild Birds Regulation Unit any of such functions as are referred to in sub-regulation (6): Provided that in exercising any of the functions so delegated, the Wild Birds Regulation Unit shall act in accordance with the provisions of these regulations.

(8) The Ornis Committee shall inform the Minister about its deliberations and decisions and shall transmit to him a copy of the minutes of the meetings.