Birdlife representatives and authorities are not in agreement on whether the illegal use of bird callers is on the increase or not. Environmentalists stress that the use of such devices is still widespread and that there is not enough law enforcement on those who make use of them. Authorities, on the other hand, argue that as of 2013, the device has been misused less often.
The use of pre-recorded bird calls is allowed in certain contexts - licensed bird ringers are authorised to use such devices to attract and capture birds for the purpose of scientific ringing, while bird breeders and song bird enthusiasts can also legitimately use pre-recorded bird calls for the purpose of training their captive-bred birds.
In comments to The Malta Independent, parliamentary secretary Roderick Galdes rightly reminded thatmany electronic device capable of reproducing amplified, recorded sound, including mobile phones and MP3 players, may be misused as a bird callers in hunting activities.
“Banning the importation, sale and legitimate use of sound-reproducing and amplifying devices is not an option. Such a measure would go against the principles of the free movement of goods and free trade. The use of such devices is only prohibited if the ultimate aim to hunt birds. That is why the authorities control the use of these devices in hunting and not their importation, sale or other uses.
There is a common misconception that the illegal use of pre-recorded bird calls for the purposes of hunting and trapping in Malta is on the increase. In actual fact however, the contrary is the case. Since 2012, the use of bird callers in the hunting and trapping of birds has decreased by 40 per cent as a result of the introduction of more effective penalties and enforcement measures,” Mr Galdes said.
Prior to the new administrative fines system, introduced in the late months of 2013, the illegal use of bird callers was an offence that was punishable only upon court conviction. It was not unusual for court proceedings to start after several months, or even years, only for the offender to be imposed a fine of around €200.
Today, anyone caught misusing bird callers for hunting purposes is automatically fined €250 with no need for lengthy court procedures. If the use of a bird caller was coupled with a more serious offence, such as hunting during non-permitted hours or targeting protected species, then the fine would not apply and the offender is prosecuted in court, facing a much higher penalty upon conviction.
“The increase in enforcement, coupled with the introduction of a swifter and more efficient system of fines, has led to a 40 per cent reduction in the use of bird callers. In fact, statistics show that the use of bird callers had declined by 9 per cent in 2013 over 2012 levels, whilst in 2014, it declined by 40 per cent,” Mr Galdes said.
Authorities have wrongly decriminalised the use of callers – Bird Life
But Birdlife is not in agreement on this one. “By amending the law, authorities have actually decriminalised the use of callers. Whereas before, people used to be taken to court for this offence, they are now receiving an administrative fine,” Romina Tolu says.
“We also question what the government figures which translate to this decline are – could the 40 per cent decrease be the result of reduced detection by the police? Because if so, this depends on police efforts and is not representative of the real situation. Also, do the statistics here compare different years and different hunting seasons? The use of quail callers each and every spring hunting season is widespread and poorly controlled, such that you hear these things going off at night at various locations.”
From our observations, this move has not improved enforcement. The use of callers during derogation seasons - especially Quail callers during the spring hunting season - is still widespread. Callers are available for sale at any hunting shop, so if anything, it is their sale and use in the countryside that should be checked. As the law currently stands however, police still have the power to remove these devices, which have the sole aim of attracting birds to hunting grounds to catch more than the allowed quotas. If we had properly enforced spring hunting seasons, this would not be a problem, but the reality is otherwise.”
Last December, the Committee against Bird Slaughter (CABS) said that there are only a handful of places in Malta and Gozo at which these devices cannot be heard calling night and day. Everybody knows that they are illegal and everybody hears them. However, it is easy for them to be switched off when Police are nearby, making them impossible to locate"
A number of spot checks by volunteers in 2014 revealed a total of 72 devices across all five districts in Malta. Devices were found in Ramla Bay, Red Tower, Selmun Palace, Il-Maghtab, Ta' San Pietru, Ta' Benniena, Ta' Qali, San Martin, Ta' Mrejnu, Wardija, Golden Bay, Mgarr, Gnejna Bay, Ta' Santi, Victoria Lines, Tal-Abatija, Dwejra Lines, Fomm Ir-Rih, Wied Rini Radio Station, Irdum Tal-Vigarju, Mtahleb, Fiddien, Dingli Cliffs, Buskett, Tal Virtù, Gebel Ciantar, Fawwara, Has Saptan, Zurrieq, Ghar Lapsi, Hal-Farrug, Gudja and the Delimara peninsula.