Next Saturday we will be voting to give a future to the wild birds that migrate to Malta. By removing from Malta’s statute book the legal notice that permits the spring hunting of quail and turtle dove, Maltese voters will bring Malta in line with its obligations.
Nowhere does the Conservation of Wild Birds Directive of the European Union or Malta’s treaty of adhesion to the European Union permit spring hunting as a sport. The basic rules in the Directive, in fact, prohibit the killing of wild birds in spring. The only permissible exceptions are related to aviation safety, the protection of public health and safety, and the prevention of serious damage to livestock, agricultural crops, fisheries and water as well as the protection of flora and fauna. Hunting as a sport does not feature anywhere in the list of reasons as a result of which a derogation from the duties spelt out in the EU Directive is permissible. It is a Directive that deals with the conservation of wild birds and not with hunting!
The Conservation of Wild Birds Directive of the European Union has been an integral part of Maltese law since – and as a result of – Malta’s accession to the EU in 2004. It expressly states that EU Member States along migratory bird routes have a far greater responsibility for the conservation of wild birds. This responsibility is very clearly spelled out in article 7(4) of the Directive, where it is stated that : “In the case of migratory species, [Member States] shall see in particular that the species to which hunting regulations apply are not hunted during their period of reproduction or during their return to their rearing grounds.” This applies to all bird migratory routes throughout EU territory without exception.
Prohibiting spring hunting is not a question of numbers. It is not an issue of establishing a number of birds that can be shot without such a shoot-out having an impact on the bird population. It is an issue of principle. And there should be no playing around with principles. Wild birds require protection during the time of year when they are most vulnerable – in the period leading up to, and during, the breeding season, that is spring.
Besides, the populations of both quail and turtle dove do not have a favourable conservation status in the EU and, as a result, are subject to management plans. The aim of these management plans is to restore the species to a favourable conservation status. The EU management plan for quail, for example, specifically states that “Spring hunting that overlaps with the return migration or the start of breeding should not be permitted under any circumstances.”
The EU Management Plan for turtle dove, on the other hand, states: “of particular concern is hunting during the spring migration, which is practiced outside the EU and (illegally) in some other Mediterranean countries.”
This is the subject of the referendum: the future of wild birds in Malta in the spring.
There are, however, other issues that will be decided as a result of the 11 April referendum. Banning spring hunting on Maltese territory will remove a major obstacle which is impeding access to the countryside to our families because of the dangers and arrogance of the men with the guns. It will put the bullies roaming the countryside in the spring in their proper place.
This bullying is still going on, because in recent days we have had one of the leaders of the hunting lobby stating that, in the event of a victory for the NO vote in the referendum, the abolition of spring hunting might be contested. It comes as no surprise that the hunting lobby has no respect for the democratic will of Malta’s voters. Its members have repeatedly been sending clear signals that they are allergic to the democratic process. For years, they have been holding the parliamentary political parties to ransom. They have also presented a petition requesting the practical abolition of the right to call an abrogative referendum. Fortunately, the government had the good sense to ignore that petition!
A No vote on 11 April is hence also a vote on democracy. It will give a clear message to everyone of the ability of Maltese voters to decide. In the process it will liberate the parliamentary political parties from the clutches of their blackmailers.
published in The Malta Independent on Sunday: 5 April 2015