S.L. 549.42 Art. 4Prohibitions.

(1) All species of naturally occurring wild birds are protected. Without prejudice to the provisions of regulations 5, 8

and 9, no person shall:

(a) hunt or attempt to hunt, take or attempt to take any bird which is protected under these regulations, other than in accordance with these regulations and with the conditions of any licence granted thereunder;

(b) hunt or attempt to hunt, take or attempt to take, destroy, damage or remove by any means, any bird nest and eggs;

(c) take the eggs in the wild of any bird which is protected under these regulations and keep these eggs even if empty;

(d) deliberately disturb any bird which is protected under these regulations during the period of breeding and rearing;

(e) be in possession or in control of or keep any specimen of any bird not listed in Schedule II and/or any specimen of any Non-European territory bird, whether alive or dead, or any recognisable parts or derivatives thereof, unless he proves that such specimen:

(i) has been declared with the Malta Environment and Planning Authority or its predecessor by the 31st May 2003 and such person is in possession of the permits, or certificates of registration by the Malta Environment and Planning Authority or its predecessor or by the Wild Birds Regulation Unit to keep such bird in accordance with regulation 21; or

(ii) is lawfully imported in accordance with regulation 6(1)(a) or 6(1)(b); or

(iii) is taken in a Member State where it was lawfully hunted or captured or otherwise lawfully acquired under the terms of Directive 2009/147/ EC of the European Parliament and of the Council on the Conservation of Wild Birds and under the legislation of that Member State; or

(iv) is captive bred:

Provided that such person shall retain in his possession and for such time as he remains in possession of the specimen as provided for in paragraph (e) all licences, permits, certificates and any other documents that prove to the satisfaction of the Wild Birds Regulation Unit that such specimen was not obtained in contravention of these regulations:

Provided further that the prohibitions provided for in paragraph (e) shall not apply where the person in possession of the specimen is the Director of Veterinary Services or any other person authorized by the Director of Veterinary Services and where such possession is required for the rehabilitation, veterinary or other treatment or culling of the specimen on veterinary grounds. (2) Deleted by Legal Notice 107 of 2022.