S.L. 549.42 ст. 21Taxidermy.

(1) No person shall stuff or mount any bird or non-European territory bird or act as a taxidermist or in any manner process for the purposes of preservation, any bird or non-European territory bird for commercial purposes without a valid membership with an organisation representing taxidermists and without a taxidermist’s licence issued by the Wild Birds Regulation Unit:

Provided that any licenses referred to in this sub-regulation shall be issued for a term not exceeding three (3) years against payment of a fee stipulated in Schedule X: Provided further that the requirement of a taxidermist’s licence shall not apply in the case of small scale taxidermy where not more than thirty specimens are preserved in any given year exclusively for personal use and not as a service provided on a commercial basis.

(2) Without prejudice to the provisions of regulation 9, no person shall mount or stuff or in any manner process for the purpose of preservation or taxidermy:

(a) any bird unless:

(i) it is included in Schedule II; or

(ii) it was lawfully imported in accordance with regulation 6(1)(a); or

(iii) it was 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) it is captive bred and closed ringed;

(b) any Non-European territory bird unless:

(i) it was lawfully imported in accordance with regulation 6(1)(b); or

(ii) it is captive bred: Provided that such person shall retain in his possession, and for such time as he remains in possession of the specimen, 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.

(3) Any person who keeps any bird or Non-European territory bird to be stuffed or in any manner processed for the purpose of preservation or taxidermy shall keep a register in which he shall clearly indicate against the date of entry of every specimen, the name of the owner of the specimen and his address and a legally valid identification document number, and the species of the specimen, which details are to be endorsed by the owner of the specimen himself.

(4) Any bird or non-European territory bird that is found being kept by any person to be stuffed or to be in any manner processed for the purpose of preservation or taxidermy in contravention of sub-regulation (3) shall be deemed to be the sole property of such person.

(5) Without prejudice to the provisions of regulation 9, it shall not be lawful for any person practicing taxidermy to possess any stuffed birds of a species that is not included in Schedules II or III or a Non-European territory bird unless such person retains in his possession, and for such time as he remains in possession of the specimen, 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, and unless:

(a) it has been declared with the Environment and Resources Authority or its predecessor by the 31st May 2003 and such person has been given the permits, or certificates of registration by the Wild Birds Regulation Unit to keep such bird in accordance with the provisions of this regulation; or

(b) it was lawfully imported; or

(c) it was 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

(d) it is captive bred.

(6) Any person who had in his possession any stuffed bird or Non-European territory bird that was declared by virtue of an application to the Environment and Resources Authority or its predecessor by the 31st May 2003 shall have his application processed by the Wild Birds Regulation Unit, which may issue an official certificate listing the stuffed specimens in the applicant’s possession.

(7) The certificate shall only be issued after all the specimens that are in the applicant’s possession have been taxonomically identified and marked with an identification device by the Wild Birds Regulation Unit or its predecessor. No action shall be taken with respect to those specimens -

(a) that have been issued with a certificate;

(b) that are found, in the course of an inspection by the Wild Birds Regulation Unit or its predecessor, to taxonomically correspond to the specimens declared by the holder to the Environment and Resources Authority prior to 31st May 2003, notwithstanding that such specimens may not have been tagged with an identification device at the time of the inspection:

Provided that any certificate issued for the purposes of this regulation by the Director of the Environment Protection Directorate within the Environment and Resources Authority, or his successor in title, shall remain valid: Provided further that the certificate issued in accordance with these regulations may be amended or revoked where it results that it has been issued in error or that it contains an error or that it is based on false information:

Provided further that where it results that the applicant provided false or misleading information, or made a false or fraudulent declaration, the certificate shall be immediately revoked and criminal proceedings shall be taken against the perpetrator in of the Criminal Code.

(8) No person may falsify, modify, deface, destroy, dispose of, remove or in any manner tamper with any identification device made by the Wild Birds Regulation Unit or its predecessor, relating to any stuffed bird or Non-European territory bird, for the purposes of this regulation unless the removal of such identification device has been ordered by the Wild Birds Regulation.

(9) No person may be in possession of any specimen which has been afforded an identification device by the Wild Birds Regulation Unit or its predecessor for the purposes of this regulation and which identification device is false, modified, defaced, or in any manner tampered with or which has been destroyed, disposed of, or removed unless the removal of such identification device has been ordered by the Wild Birds Regulation Unit.

(10) No person may transfer or otherwise dispose of any bird or Non-European territory bird that was declared by virtue of an application to the Environment and Resources Authority or its predecessor by the 31st May 2003 unless authorised in writing by the Wild Birds Regulation Unit:

Provided that if an application to transfer was submitted to the Wild Birds Regulation Unit or its predecessor by 30th September 2020, and such application has not yet been processed, no action shall be taken with respect to those specimens listed in the pending application that were transferred without written authorisation by the Wild Birds Regulation Unit or its predecessor until the following verifications are carried out:

(a) each transferred specimen, as listed in the pending application to transfer submitted by 30th September 2020, taxonomically corresponds to the specimen declared to the Malta Environment and Planning Authority or its predecessor prior to 31st May 2003, by the transferor and such specimen had not been disposed;

(b) in the case of transfers of the same specimen from one individual to another, that specimen is traced back to the original holder or to its successor in title by virtue of an authorisation in writing for transfer and such specimen had not been disposed;

(c) if a specimen was transferred by the original holder, or by its successor in title by virtue of a written authorised transfer, to two (2) or more individuals, only the first request for transfer of that specimen as submitted to the Wild Birds Regulation Unit or its predecessor by 30th September 2020, shall be considered as valid:

Provided further that after the verifications referred to in this sub-regulation are carried out, written authorisation to transfer shall be issued, after all cross-verified specimens have been taxonomically identified and marked with an identification device by the Wild Birds Regulation Unit:

Provided further that without prejudice to the provisions of this sub-regulation, the transfer of any bird or Non-European territory bird which has been declared with the Environment and Resources Authority or its predecessor by the 31st May 2003, which has been taxonomically identified and marked with an identification device by the Wild Birds Regulation Unit or its predecessor, may be carried out following the submission of a transfer notification form issued for this purpose by the Wild Birds Regulation Unit:

Provided further that following submission of the transfer notification form of the specimen that has been taxonomically identified and marked with an identification device by the Wild Birds Regulation Unit or its predecessor, the Wild Birds Regulation Unit, after having made all the necessary verifications, shall issue a certificate in accordance with the provisions of sub-regulations (6) and (7):

Provided further that notwithstanding the provisions of this sub-regulation, legal action shall still be taken against individuals found in possession of specimens obtained by transfer, where it is evident that such specimens were obtained in violation of these regulations.

(11) Any person who has been issued with an identification device in relation to any bird or Non-European territory bird certified by the Wild Birds Regulation Unit or its predecessor for the purposes of this regulation or such person’s successor in title shall return such identification device as directed by the Wild Birds Regulation Unit prior to the issuance of a disposal permit.