Despite the mounting number of hunting illegalities, Prime Minister Joseph Muscat yesterday skirted around questions on whether he would close down the hunting season by telling journalists that recent amendments to the law mean that he cannot take that decision unilaterally.

With more than six protected birds confirmed shot since the start of the week, pressure is mounting on Muscat to shut down the Autumn hunting season, which started on the first day of September. Muscat’s argument contrasts highly with comments made some months ago by Environment MInsiter Jose Herrera, who has said that the government has, in extremis, the power to close the season.

In comments to The Malta Independent, Muscat said “when it comes to...closing the hunting season, the law was changed in the previous legislature, and the prerogative now does not allow the Prime Minister to close the season or not, there are permanent structures in the form of the Ornis committee that makes this decision.”

He went on to say that the “Ornis [committee] has the right, should it feel the need, to give [government] advice on stopping the hunting season”.

Muscat reconfirmed this statement in comments to the press just yesterday, when said he was disgusted by the latest illegalities but noted that many hunters abided by the laws.

 

Amendment to the law

Muscat made reference to an amendment to the law made “in the previous legislature”. The legal clause pertaining to the closure of a hunting season is found within the ‘Subsidiary Legislation 549.42 Conservation of Wild Birds Regulations’, under article 19(5).

This states that: “The  Minister  may,  by  means  of  notice  in  the Gazette,  revise  the  parameters  of  the  hunting  season  in  any given year at any time on the basis of relevant latest scientific advice concerning conservation status and maintenance of the population of bird species at satisfactory level, or any other reason which the Minister deems to be of sufficient gravity:

“Provided that, in its recommendation as found in regulation 10(6)(s), the Ornis Commitee may also consider any reason which it deems to be of sufficient gravity”.

The latter part of the quote refers to Legal Notice 281 of 2015, issued on 21 August 2015. The notice outlines a number of amendments dealing with the conservation of wild birds. In it, the rights and functions of the Ornis committee are clearly laid out.

The amendment states that the Ornis committee shall, as part of its functions, “recommend  to  the  Minister  the  revision  of any parameters of any hunting  or taking season at any time on   the   basis   of   latest   scientific   advice   concerning conservation  status  and  maintenance  of  the  population  of bird species at satisfactory level, and or on the basis of the assessment  of  any  other  factors  the  Committee  deems relevant”.

A spokesperson for the PM said “such recommendations can therefore only be based on the relevant technical and scientific considerations which fall within the remit of the Committee.”

 The article states, further down that: “So however that if, when in acting under this proviso, there exists  substantial  divergence between  the  recommendations  of the  Committee  and  the  decision  or  decisions  taken  by  the Minister, the Minister shall state in writing to the Committee the reasons for his decision within  three weeks from the publication of such decisions in the Gazette.”

This text in the law seems to support the notion that ultimately, it is in the government’s hands to decide to close the season, even if this had to be in contrast to recommendations by the Ornis Committee, provided that the government writes to it with its reasoning within three weeks.

 

Herrera’s comments

In March 2016, when Environment Minister Jose Herrera was pressed on why the government did not stop the autumn hunting season after no less than 52 protected birds were shot down, he said: “We have increased the punishments severely: there are prison sentences now and the fines are extremely high. But you do not punish 5,000 because 10 people have broken the rules. The power is there; let there be no mistake - the Minister has the right, in extremis, to suspend the season. But I do not think it was the case this last autumn (2016) season because the reports seemed to indicate that the hunting community is behaving much better than in the past. As such, the government deemed such action inappropriate or exaggerated”.

Apart from the Labour government’s pre-electoral proposal of reducing fines, a drastic U-turn from the government’s sentiment, Herrera clearly states that the Minister has the right to suspend the season.

 

Mounting illegalities

During this year’s autumn hunting season, which lasts roughly five months and is due to end in January, there have already been 15 confirmed cases of protected birds that were shot. Over the past few days, two flamingos were shot, one was killed while the other is making a recovery. Pictures of the bloodied flamingos were shared countless times, with the typical arguments being made by those against hunting and those in favour saying it is unfair to punish the majority because of a few illegalities.

Since then at least four other protected birds have been confirmed shot.

Herrera recently issued a statement calling for better enforcement to end illegal hunting practices due to the bad name it gives to responsible hunters. This was met with incredulity and shock, more so from BirdLife Malta, which questioned why it is not the environment and conservation being given priority, rather than the reputation of responsible hunters. A referendum to spring hunting took place 2015, where the pro-hunters won by a slim majority.