S.L. 549.42 Art. 23Scientific bird ringing.

(1) Notwithstanding the provisions of regulation 4(1)(a)

and 4(1)(e), scientific bird-ringers may capture any bird for the purposes of scientific bird ringing and/or geo-tagging:

Provided that without prejudice to any research Framework

Regulations, a person who is not licensed as a bird-ringer in accordance with regulation 23(2)(a), may capture certain birds for the purpose of geo-tagging, followed by their immediate release back into the wild, insofar as that person satisfies the following requirements:

(a) the submission of an application to the Wild Birds Regulation Unit, not later than two (2) months prior to the commencement of the geo-tagging activity, which application must be accompanied by the following information:

(i) a detailed explanation of the objectives of the proposed research and the reasons thereof;

(ii) the alternatives considered;

(iii) the proposed quantity per species to be captured for the purpose of geo-tagging;

(iv) the proposed methodology;

(v) the location of the sites where geo-tagging is proposed to be carried out in the format prescribed in paragraph (c) of sub-regulation (3);

(vi) details of the persons who will be entrusted with handling birds and the management of the geo-tags’ software, including data collection and analysis;

(vii) the proposed research dates for geo-tagging;

(viii) the proposed duration of the data collection and analysis; and

(ix) the date when the report on the outcome of the research is expected to be submitted to the Wild Birds Regulation Unit;

(b) the submission, together with the application referred to in paragraph (a), of a signed declaration, either:

(i) by the applicant, confirming that he has proven experience in bird-handling and affixing geo-tags on avian species, including knowledge of the geo-tags’ software, data collection, management and analysis if the data will also be managed by the same applicant, supported by a biography that lists his previous ornithological research conducted by means of geo-tagging, including the research period, outcome of the research and a link to each publication in peer-reviewed scientific journals; or

(ii) by the applicant’s trainer, who has proven experience in bird-handling and affixing geo-tags on avian species, as supported by the trainer’s biography, which shall be submitted together with the declaration and shall contain all the information specified in sub-paragraph (i), confirming that he has trained the applicant who is knowledgeable about all aspects related to geo-tagging, including affixing of geo-tags on the target avian species proposed in the application referred to in paragraph (a) and, if the data will also be managed by the same applicant, a confirmation that he is conversant with the geo-tags’ software, including data collection, management and analysis;

(c) the inclusion, in the proposed methodology as referred to in paragraph (a) of sub-regulation (1), of a bird-ringing component as provided for in sub-regulation (2), for all species not listed in Schedule II:

Provided that if the geo-tagging activity involves species listed in Schedule II, the proposed methodology should preferably also include a bird-ringing component as provided for in sub-regulation (2);

(d) the recommendations and conditions of the Ornis Committee, in accordance with regulation 10(6); and

(e) the conditions specified in the licence issued for the purpose of geo-tagging by the Wild Birds Regulation Unit, including reporting obligations and the submission of a detailed report on the outcome of the geo-tagging activity to the Wild Birds Regulation Unit:

Provided that the Wild Birds Regulation Unit shall present the report as referred to in paragraph (e) to the Ornis Committee in terms of the proviso to regulation 10(6)(c):

Provided further that in the event that the applicant fails to submit the report as referred to in paragraph

(e) within the deadline stipulated by the Wild Birds Regulation Unit in the licence conditions, the applicant shall be rendered ineligible to apply for any other research permit or renewal.

(2) Scientific bird-ringers may only capture birds subject to the following conditions:

(a) no person shall act as a scientific bird-ringer without a licence from the Wild Birds Regulation Unit issued to him in accordance with the provisions of these regulations;

(b) no person other than a licensed scientific bird-ringer shall capture any bird for the purpose of scientific bird ringing;

(c) scientific bird-ringers shall not capture any bird from the wild for any purpose whatsoever other than for the purpose of research;

(d) a scientific bird-ringer shall only use rings approved for this purpose by a bird ringing scheme;

(e) a scientific bird-ringer may capture any bird for research purposes at any time throughout the year and inside any site:

Provided that the sites where bird ringing and geo-tagging will be practiced shall be pre-notified to the Wild Birds Regulation Unit in accordance with regulation 23(3)(c);

(f) without prejudice to regulation 9 and notwithstanding the provisions of regulation 7(1)(d), (e) and (f), a scientific bird-ringer who captures a bird exclusively for scientific bird ringing purposes may, for this purpose, also use pre-recorded bird calls, nets, and live-decoys of specimens pertaining to the targeted species, including their mules and hybrids;

(g) a scientific bird-ringer shall immediately release birds caught into the wild after performing the necessary measurements and attachment of rings and/or geo-tags, or after reading of the necessary information from the previously fitted rings and/or geo-tags in the event of recapture of bird specimens previously ringed or fitted with a geo-tag;

(h) scientific bird-ringers who are also in possession of a hunting licence shall not engage in scientific bird ringing activities at the same time as practicing hunting;

(i) before the scientific bird-ringer leaves the bird ringing and, or geo-tagging site, all nets, including mist-nets, shall either be removed, furled or completely covered in such a way that no bird or other fauna can get caught.

(3) In order to be eligible for the licence mentioned in sub-regulation 23(2)(a) an applicant shall, by the date of application:

(a) have obtained a training certificate, which is granted after the applicant has successfully completed the necessary training and gained field experience with a qualified trainer who is part of a bird ringing scheme;

(b) have the approval for a licence from a bird ringing scheme; and

(c) submit A4 site plans to the Wild Birds Regulation Unit showing the precise boundary of the sites delineated in red ink where scientific bird ringing and geo-tagging is intended to be carried out.

(4) The bird ringing scheme shall, on an annual basis and by not later than 1st February of each year, submit to the Wild Birds Regulation Unit a written report on bird ringing and geo-tagging activities performed during the previous calendar year, as follows:

(a) the number of birds per species fitted with a scientific ring and/or geo-tag during the reporting year; and

(b) any other information on bird ringing and geo-tagging activities as may be required by the Wild Birds Regulation Unit.