S.L. 549.42 Art. 18Further prohibitions.

(1) Without prejudice to regulation 9, no person shall:

(a) during the closed season for the hunting of birds on land, hunt or attempt to hunt any bird, or carry ammunition or a fire-arm outside its case:

Provided that during both the open season and closed season for the hunting of birds on land, authorisation to hunt released captive-bred birds for the purpose of training of hunting dogs may be given after an application is submitted to and approved for this purpose by the Wild Birds Regulation Unit, and in accordance with the conditions established in the same authorisation which, inter alia, shall include:

(i) a prohibition on immediate shooting as soon as the birds are released;

(ii) a prohibition on the use of a method known as "tal-kaxxa" or any other method that leads to the immediate shooting of the birds on their release, as prohibited in terms of regulation 20(b);

(iii) a requirement to submit a list of participants by not later than two (2) working days from termination of the training activity, which list shall indicate the name, surname and identity card number of each participant who took part in the activity; and

(iv) a requirement to declare, by not later than two

(2) working days from termination of the activity, the total number of captive-bred birds of each species hunted during the same activity:

Provided further that such authorisation shall only be given if the captive-bred birds pertain to species in the order ‘Galliformes’, as listed in Schedule II and that the release of captive-bred common quail (Coturnix coturnix) for this purpose shall not be permitted during the months of March, April and May of each year:

Provided further that the application shall be submitted at least two (2) weeks prior to the activity by an organization representing persons licensed to hunt, and shall include:

(i) written consent from the landowner or leaseholder of the site where the activity shall take place;

(ii) copies of all necessary permits obtained from the Police and from any other authority as may be required under other applicable laws or regulations;

(iii) the dates and times when the activity is proposed to take place;

(iv) the site where the activity will take place clearly marked on an A4 site plan;

(v) details of the species and the amount of captive-bred birds from each species that will be released; and

(vi) a health certificate from a licensed veterinarian confirming that the specimens are healthy and free of parasites and disease;

(b) during the open season for the hunting of birds not at sea, hunt or attempt to hunt any bird not included in Schedule II;

(c) during the close season for the taking of birds as may be permitted in accordance with these regulations, take or attempt to take any bird;

(d) during the open season for the taking of birds as may be permitted in accordance with these regulations, take or attempt to take any bird at sea;

(e) during the close season for the hunting of birds at sea, carry while at sea (other than while crossing between Malta and Gozo by public transport), any ammunition or any fire-arm licensed for taking birds;

(f) during the open season for the hunting of birds at sea:

(i) hunt or attempt to hunt, at sea, any bird which is not included in Part B of Schedule II;

(ii) hunt or attempt to hunt at sea:

(aa) within, or less than, three kilometres from the coastline, from a boat or any sea-craft, or

(bb) beyond three kilometres from the coast from a boat or sea-craft which is being driven at more than 5 kilometres per hour: Provided that on the open sea, for safety reasons, the use of a boat or sea-craft with a maximum speed of 18 kilometres per hour may be authorized for hunting;

(iii) carry at sea, within a distance of three kilometres from the coastline, a fire-arm licensed for hunting game which is loaded, or has cartridges in the magazine, or is out of its case;

(iv) hunt or attempt to hunt from any sea-craft which is not registered with the competent authorities;

(v) hunt or attempt to hunt from any sea-craft unless in possession of a licence for that purpose from the Commissioner;

(vi) be in possession, while at sea, of any bird, dead or alive, or part of any bird, not included in Part B of Schedule II and any person who is found in possession of any bird or part of any bird not included in Part B of Schedule II will be presumed to have hunted, caught or taken such bird in violation of these regulations, unless the contrary is proved;

(vii) launch, and haul on land, sea-craft used for hunting birds at sea other than from those places indicated in the licence mentioned in sub-paragraph (v);

(g) no person shall, while in or on any motor vehicle or aircraft, be in possession of any fire-arm which is loaded or outside its case, or go in pursuit of any bird, or hunt or attempt to hunt, take or attempt to take any bird.

(2) (a) No person shall carry a fire-arm, whether loaded or not, that is not in its case, or discharge any fire-arm, while within 200 meters from any town or village, or other inhabited area, or any of the beaches listed in Schedule VII and within 50 metres from their delineation, or within a distance of 50 meters from main or arterial roads:

Provided that this distance of 50 meters shall not apply in the case of secondary roads and country lanes: Provided further that the fire-arm is not aimed in the direction of the road, whether main, arterial, secondary or a country lane.

(b) No person shall be in possession of any fire-arm, licensed for hunting game, which has a magazine capable of holding more than two shots at any time.

(c) No person shall take or attempt to take any bird while within any of the beaches listed in Schedule VII.