A study in the evolvement of the birds’ directive, its implementation and enforcement in relation to sustainable hunting and habitats protection in Malta

Abstract

Locally few issues have been the focus of heated and polarised debates as has been hunting. A substantial part of this debate focused on whether Malta should adopt a preventive and educational approach to conservation of wildlife, where sustainable hunting can play a role, or alternatively, an approach that relies on strict enforcement of conservation laws in which the practice of hunting has little, if any role. Much has also been written and said about EU, international and national legislation concerning the protection of wild birds and their habitats and in particular the EU Birds and Habitats Directives. Yet, so far, academic research tackling the local perspective as to how these two important directives should be locally implemented has been noticeably lacking. The hunting issue is such a controversial concern in the Maltese islands that in 2015 the contention on whether or not the government should retain national legislation that provides for the application of a derogation permitting the limited hunting of turtle dove and quail in spring was settled by means of a national abrogative referendum. A plebiscite that was motivated by a petition from Birdlife Malta and other environmentalist groups exposed a deeply polarised social view of hunting in Malta. This thesis explores Directive 2009/147/EC known as the Birds Directive in particular its articles 4,5,6,7,8 and 9 which are the articles that make an impact on hunting. Reference is also being made to national, EU and international instruments, within the wider context of policy and its implementation. The relevance, effectiveness and efficiency of Malta’s approach to implementing EU nature legislation in relation to hunting is furthermore examined within a framework of various factors, ranging from transposition of legislation into a national legal system; to its implementation and enforcement.