S.L. 549.74 Art. 8Enforcement.

(1) For the time when an Autumn live-capturing season is open, the Police shall carry out on-the-spot checks to ensure that the conditions and contents of the licence, the provisions of these regulations and the provisions of the Wild Birds Regulations are being observed.

(2) Should any police officer, in the course of a spot check carried out in terms of sub-regulation (1), find sufficient cause for proceedings to be taken against any person under these regulations, or other relevant regulations, that officer shall forthwith seize from the possession of that person any equipment, weapon or ammunition used for hunting or live-capture, the Autumn live-capturing licence and any other taking or hunting licence or permit, and any bird found in the possession of that person in violation of these regulations or other applicable regulations or in violation of the conditions of any licence or permit:

Provided that, for the purposes of enforcement of the limits referred to in regulation 7(j) and the obligations provided for in regulation 7(m), only the number of birds established by regulation 7(k) shall be deemed to be live-decoys. Where, during the course of a spot-check, the number of birds found in the possession of a licensee exceeds such number, any bird which is found to be in excess of such number shall be deemed to have been captured by the licensee that same day, notwithstanding that such bird may be ringed in terms of regulation 7(l).

(3) In pursuance of their duties under these regulations the S.L.549.74 GOLDEN PLOVER)

Police may be assisted by marshals appointed for this purpose by the Wild Birds Regulation Unit. The marshals so appointed shall have the same duties and powers vested in the Police by sub-regulations (1) and (2): Provided that during all hours for which an Autumn live-capturing season is open the total number of police officers and, or marshals assigned to carry out spot checks shall be in the region of forty (40). Outside these hours, at least two (2) police officers and, or marshals shall be on duty.

(4) The Police, assisted by marshals as may be necessary, shall continue to carry out on-the-spot checks until at least two weeks following the end of an Autumn live-capturing season, in order to prevent illegal capture. Following the closure of an Autumn live capturing season, for every one thousand (1,000) Autumn live-capturing licences issued that year, a minimum of three (3) police officers shall be on duty.

(5) In pursuance of their duties under these regulations, the

Police, assisted by marshals as may be necessary, shall carry out daily systematic spot checks throughout all the season, in all the regions shown in the Second Schedule. In Gozo, spot checks in regions 1 and 3 shall be carried out simultaneously with spot checks in regions 2 and 4 by separate police officers. In Malta, spot checks in regions 5, 6 and 8 shall be carried out simultaneously with spot checks in regions 7, 9 and 10 by separate police officers. Spot checks within each region shall be carried out daily. The Police shall forward to the Wild Birds Regulation Unit the outcome of each spot check, per region, the following day, in a format that is agreed in advance with the Wild Birds Regulation Unit.

(6) Whenever the police request such assistance, representatives of non-governmental organisations may assist the Executive Police and marshals appointed under sub-regulation (3) during spot-checks relevant to these regulations.

(7) The coordinates of the approved stations shall be made public on the internet by the Wild Birds Regulation Unit at least three (3) days before the start of the live-capturing season and be available on-line at all times during the live-capturing season.