S.L. 549.145 Art. 13Enforcement.  

(1) For the time when a research period is open, the

Police shall carry out spot-checks in accordance with sub-regulation

(7) to ensure that the conditions and contents of the special research 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 the general live-capturing licence and, or the bird ringing licence, as applicable, the special research licence issued under these regulations and any equipment used for the research activity in violation of these regulations:

Provided that that person shall be prohibited from applying for a new special research licence issued under these regulations or under the Wild Birds Regulations, upon conviction by the Court.

(3) During the course of a spot-check carried out in terms of sub-regulation (1), should a Police officer find a bird from the relevant species: 549.145 SCIENTIFIC RESEARCH ON SEVEN FINCH SPECIES)

(a) without a ring, or

(b) not fitted with a seamless closed leg-ring or leg-band in a continuous circle, without any break or join, or

(c) fitted with a leg-ring or leg-band that has been tampered with, or

(d) fitted with a single-use ring not bearing code R16U, or

(e) fitted with a single-use ring bearing code R16U that was not supplied by the Wild Birds Regulation Unit in 2016 and 2017, the licence holder shall be subject to the penalties established in regulation 27 of the Wild Birds Regulations. After having documented the evidence of all birds not in compliance with the conditions of the special research licence or with the conditions of any other special licence, the Police officer shall immediately release all birds not fitted with a ring from the same research station and also seize from the licence holder all birds that are fitted with closed rings that are not seamless, not in a continuous circle, with a break or join, have been tampered with, those fitted with an unauthorised single-use ring and any other bird not authorised by the special research licence issued in accordance with these regulations or under any other special licence:

Provided that this sub-regulation does not apply to colour-variants (mutations), mules or hybrids.

(4) In pursuance of their duties under these regulations, the 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), (2) and (3).

(5) During all hours for which a research period for the relevant species is open, the total number of Police officers and, or marshals assigned to carry out spot-checks shall be in the region of fifty (50). Outside these hours, at least four (4) Police officers and, or marshals shall be on duty.

(6) The Police, assisted by marshals as may be necessary, shall continue to carry out spot-checks until at least four (4) weeks following the closure of the research period. Following the closure of the research period for the relevant species, for every one thousand special research licences issued that year, a minimum of four (4) Police officers shall be on duty.

(7) 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 the research period, in all the regions shown in the First 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.

(8) Whenever the Police request such assistance, representatives of non-governmental organisations may assist the Executive Police and marshals appointed in terms of sub-regulation

(4) during spot-checks relevant to these regulations.