The Malta Independent 20 April 2024, Saturday
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Hunters' bodies reply to lawyers'assertions on minority groups

Friday, 30 January 2015, 11:06 Last update: about 10 years ago

The two hunters' bodies, Kaccaturi San Ubertu and Federazzjoni Kaccaturi Nassaba u Konservazzjonisti have replied to the press conference held by five lawyers who denied claims the forthcoming referendum on spring hunting could abolish other pastimes and minority interests.

The Federation for Hunting & Conservation - Malta (FKNK) said in a statement it notes the announcement made on Wednesday by a number of Maltese lawyers.  These lawyers gave their interpretation with regards the potential impact of the forthcoming referendum on Maltese society minority groups.

The FKNK remarks that often, thousands of Maltese lawyers contest one another with regards the interpretation of some legislation or other and also appeal judiciary decrees.

Such announcements only serve to strengthen the FKNK's belief and further its determination to campaign in favour of the interests, rights and legal privileges of minority groups in the Maltese society.

And Mark Mifsud Bonnici, chairman of Kaccaturi San Ubertu said: The statements made by a group of lawyers that the Spring Hunting referendum would have no bearing on other minorities is purposely misleading

The fact that a minority of 10,000 of the Maltese public that practice spring hunting could see their legal activity banned through the collecting of 40,000 signatures that oppose it is proof enough that any other minority activity could suffer the same fate at the hands of a majority. A petition to parliament, private member's bill or a referendum which might bear the signatures of .a substantial part of the electorate that might oppose any other regulated minority activity, hobby or pastime could lead to it being rescinded.

By means of an abrogative referendum, one or more provisions of an enactment may not continue in force. These include "any Act of Parliament and any Act passed by the Legislature of Malta and includes any Code, Ordinance, Proclamation, Order, Rule,Regulation, Bye-law, Notice or other instrument having the force of law in Malta."

Meanwhile, during an extraordinary meeting of the Federazzjoni ta l-Ghaqdiet tas-Sajjieda Dilettanti Malta's executive committee, it has been decided that the federation encourages all affiliated associations' members to vote YES in the forthcoming referendum about Spring Hunting.  This because the fact that a referendum has been called for the abolition of the  Spring hunting hobby, could serve as a precedent to collect signatures for future referenda to abolish other hobbies including the hobby of recreational fishing. 

The Spring Hunting Out campaign this evening reacted to a statement by Federazzjoni ta l-Ghaqdiet tas-Sajjieda Dilettanti in which it encouraged members to vote yes in the referendum, urging them instead to "vote on the facts, not on fear".

Romina Tolu, SHout Campaign Coordinator said "We're saddened to hear that the amateur fishermen have been taken in by the hunters' deceitful lies and blatant scaremongering. We urge them to read the legal research document issued by lawyers earlier this week, which sets out very clearly that recreational fishing is not at risk."

"It is clear, and top Maltese lawyers have confirmed, that these threats are completely without any legal basis. It is nothing but scaremongering from the hunters," continued Ms Tolu, "and it's completely unfair of them to threaten and bully other hobbyists in this way."

Judge Giovanni Bonello, former Judge in the European Court of Human Rights, told a press conference earlier this week that "No one should fear that the referendum will affect their hobbies".

The legal research document quotes The Fisheries Regulations (S.L. 425.01) which states that:

Reg. 2: "Subject to the provisions of regulations 10 and 11, the use of the following fishing implements and methods is permitted without any licence at all times and in all localities:

(i) all methods of hook and line fishing, including jigging with gulpara and ]iel;

(ii) the fish spear or grains;

(iii) the basket traps called drajna, nassi tal-gran', nassi tal-qarnit, and nassi tal-imrejjen;

(iv) the small hand nets called kopp tal-gambli, kopp tal-wi'', kopp tal-la''i, and kopp tal-lhud;

(v) all other minor and recognised fishing implements not otherwise specified in these Regulations, such as delfinara, gan', or gaffa."

The document therefore summaries that 'any person who is fishing (not commercially) with the above implements does not require licensing. Regulation 3 goes on to state that the use of any fishing implement which is not mentioned in regulation 2 is subject to a licence from the Director of Fisheries. Therefore, it follows that similarly to the other laws researched, fishing is regulated and licensed and the removal of legislation would simply make such hobby more free to be enjoyed. This, with the obvious exception that the above are excluded from the requirement of licensing. So recreational fishing for non-commercial fish species should not be affected negatively by any referendum. '

TMI is reporting this press coverage notwithstanding the boycott declared on the English independent newspapers by FKNK.

 

 

 

 

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