Issue link: https://maltatoday.uberflip.com/i/463339
14 IN six weeks' time, the Maltese elec- torate will be called upon to take a final decision on an issue that has proven singularly contentious in re- cent years: whether or not to legally permit the hunting of birds (spe- cifically, turtle dove and quail) in spring. On the face of it, hunting in spring is banned across the EU for conser- vation reasons. Yet the Maltese gov- ernment – echoing arguments made by the local hunting community – has consistently argued that Malta can legally avail of the derogation mechanism, provided in all European Directives, to exempt itself from this rule. Arguments range from the in- sufficient quantity of migratory birds in autumn, to a portrayal of spring hunting as a 'tradition' that should be preserved. The hunters' associa- tion further argues that such deroga- tions are commonplace in Europe… so why the fuss when Malta does the same as so many other countries? It seems a reasonable question to put to a spokesman for a campaign seeking to abolish spring hunting... and Mark Sultana, an environmen- talist and active SHout campaigner, is perhaps ideally positioned to an- swer it. So do the hunters have a point that Malta's derogation is actually quite acceptable by European standards? Is it true that many other EU coun- tries do the same? Sultana begins by outlining what a derogation actually is. "The reality is that, yes, every country can apply for a derogation. But there are reasons why a country would derogate from the Birds Directive. In most cases, it would be to control pests – mainly because of damage to crops – or for reasons of safety and security. For example: in each and every airport in Europe – and there are hundreds, if not thousands – they have to control a number of birds that might pose a hazard to planes or passengers. You need a derogation for that. So when the hunters claim that there are so many derogations in Europe, I would tend to agree… but they have noth- ing to do with Malta's case. Malta is the only country that applies a dero- gation to permit hunting of turtle dove and quail for the enjoyment of 10,000 people." Meanwhile, this is not exactly the first time all these arguments have been heard. They all cropped up in the case against Malta in the Euro- pean Court of Justice... which ruled against past spring derogations, but seemed to leave the door ajar for fu- ture applications. That, at any rate, is how the hunters (and recent govern- ments) have interpreted the ruling… "My interpretation – which is based on actually reading the judgment – is that Malta was found guilty of ille- gally derogating from the birds di- rective prior to 2008. There are no ifs and buts about it: it's clear, it's writ- ten in all languages, and anyone can refer to it. The only part where the ECJ said that Malta could apply for a derogation… in my humble opin- ion, it was an extra sentence that was never needed. No one needs the ECJ to say 'you can apply for a deroga- tion'. You cannot even use that as an argument to justify an application: if the government were to say 'we are applying because the ECJ told us we can', the Commission would say: 'go back to the drawing board and come back with solid arguments'…" To be fair, however, it wasn't the only argument. Malta also claimed – and the court apparently agreed – that autumn migration figures for turtle dove and quail do not represent a 'satisfactory solution' to spring… Sultana however argues that the court's interpretation was based on figures that were suspect. "We contend that the figures pre- sented to the ECJ were not related to the birds that migrate over Malta, but were worldwide statistics. Secondly, they were also relying on the num- bers of birds declared by the hunters themselves in autumn. So in those two areas – especially the latter one – unfortunately no one can blame me for being a bit sceptical about the figures presented to the ECJ…" Even if we accept those figures, he goes on, they do not add up to a jus- tification for hunting birds in spring. "The fact that we see fewer birds in autumn only means that these par- ticular species need protection. It's a known thing. Any scientist in Europe will tell you that hunting in spring is a fallacy against conservation. So even the hunters' own argument that there are too few birds in autumn, is an even bigger reason why we should take care of them when they pass over in spring..." Sultana however questions wheth- er governments, when interpreting the ruling, are even interested by the real issues at stake. "My biggest fear is that when these decisions are taken, they are based on the need of the human being, and not on the actual need of nature it- self. The long-term damage we are causing – even to the detriment of those who enjoy hunting – is unsus- tainable…" The environment, he adds, was never on the top of the agenda of any government in the past. "And when you think about it, this is the reason why people now have to go to a referendum. Because things have changed in this country: people have realised, and have raised awareness of how important it is to take care of our ecology, of the natural envi- ronment. In the last 10 years, people have started going out to the coun- tryside far more often than before. People understand much more about bird migration than previously. And this has prompted people to say: 'it is time to change this, to put nature on the agenda.' That is why this vote will protect birds, will give us nature back, will give the countryside back to the people… but it will also send a message saying 'We Maltese appre- ciate, as all Europeans and most of the world do, the importance of our ecology." There is, of course, the danger that the referendum would send out the clean opposite message in the case of a Yes victory… He nods. "There is a big, big risk that, if the Yes vote wins… well, this is not just about 22 days of hunting in spring. It's about much more. It's a holistic message that the Maltese people do not care about the natu- ral environment. Which would be a pity…" Let's talk a little bit about the core issue at stake. To some people, the entire argument may seem a little overblown. If you shoot a bird in au- tumn or spring… you're still shoot- ing a bird, at the end of the day. So why is Malta's spring hunting season so contentious, anyway? Sultana counters that there is no comparison between the impact of autumn and spring hunting. "In spring, the birds that migrate over Malta will be the fittest. The ones that were selected by nature, through migration – as the specimens fittest to breed. If two turtle doves manage to breed in Europe, they will have four young… if not eight, with a dou- ble brood. A quail would have 13. In reality, however, many of these birds will be on their first migration. And they won't survive it… because of hu- man interference, including hunting; but it is also because there is a huge desert they have to cross; there might not be enough food for all of them when they reach their destination in Senegal, Ivory Coast, Nigeria, etc. When they fly back they have to go through all that ordeal again… until they come to this island called Malta. They rest here for a day or two and then continue flying up to Europe to breed. But we have people who opt to kill them for enjoyment. It's not sustainable. That bird they kill would have given us another four, eight or 13 young ones. That is why this is a matter of conservation… Yet hunters also argue that Malta is not a main migratory route, and that the numbers shot here have a negli- gible effect on European populations. How accurate is that assessment? "I would answer that this is about a principle of conservation. If there was a guarantee that those birds would not have bred in Europe, I would have no problem. But they do breed in Europe. So much so, that there is even a possibility they might breed in Malta. Turtle doves breed in North Africa, and all over the Medi- terranean except Malta…" Ironically, he adds, the hunters' own statistics also belie their other claim that spring is a more abundant season than autumn for turtle dove. "In autumn 2013, the hunters de- clared they killed 8,000 turtle doves; in spring 2014, they declared 4,000. So they are either under-declaring in spring… or else, the perception that in autumn we don't get as many tur- tle doves is false. And this is some- thing the hunters brought on them- selves: there are even declarations by the FKNK warning hunters to be 'careful' when they come to declare their catch. It's something we try to highlight to the enforcement author- ities of this country…." Speaking of enforcement, another argument is that it is only a small mi- nority of hunters who actually break the law… and that law-abiding hunt- ers are being unfairly tarred with the same brush. Do the hunters have a point when they argue (as they did when the autumn season was abrupt- ly closed last year) that they are being collectively punished for the actions of a few? "It would be unfair to tar all hunt- ers with the same brush, but it would also be unfair not to give the whole picture. The whole picture is that you have hunters who are law-abid- ing, yes; but I would say, very bluntly – because I roam the countryside every second that I can – that today, the majority of hunters would not think twice before shooting a pro- tected bird. I say this hand on heart. If it were only a small minority, then it should be easy for the hunting as- sociations to control. "We need to also put this into a context whereby a law-abiding hunter has an obligation to report any illegalities he witnesses. But it doesn't happen. So without trying to put everyone into one basket, one cannot deny that in our country, you have a situation where 10,000 hunt- ers are out with loaded shotguns in the countryside in spring… shooting birds which are either on their way to breed in Europe, or trying to breed in Malta, but not being given the op- portunity to do so. Moreover, the illegalities that happen during open season increase. So it is the hunting Interview By Raphael Vassallo maltatoday, SUNDAY, 15 FEBRUARY 2015 Fighting fear with LEGAL ADVICE When my child is sick, I go to a doctor; I don't go to Joe Perici Calascione. When I need legal advice, I go to a lawyer MESSAGE This vote will protect birds, will give us nature back, will give the countryside back to the people… but it will also send a message saying 'We Maltese appreciate the importance of our ecology'