Court in Europe Bans Spring Bird Hunt

Court in Europe Bans Spring Bird Hunt

May 2008 - In a victory long-sought by bird 
conservationists, the European Court of Justice Thursday ruled that the 
spring hunting of the European turtle-dove and common quail on the island 
of Malta would not be allowed this year. 

Malta is located on an important bird migration route in the 
Mediterranean. Hunting during the sensitive breeding and spring migration 
period is prohibited under EU law in all member states. 

Commenting on the court's decision, Environment Commissioner Stavros Dimas 
said, "The decision of the court emphasises the importance of protecting 
the common natural heritage of the EU in preventing the hunting of birds 
during this period." 

The Order means that the court wishes to prevent irreversible damage to 
these migratory birds at once, while a final ruling on this case is 
pending and not expected before 2009. 

"The order applies to the spring period in 2008 but we consider that it 
sets a clear precedent in relation to spring hunting in subsequent years 
also in other member states," Dimas said. 

In January 2008, based on a complaint by BirdLife International, the 
European Commission took the Maltese government to court for having 
allowed, every spring since the country's accession to the EU in 2004, 
hunting and trapping of European turtle-dove and common quail, in 
violation of the EU Wild Birds Directive.
 
Under the Wild Birds Directive, the killing of wild birds is banned, but 
some species can be hunted as long as it does not occur during the 
breeding or spring migration season.
 
The hunting of these migratory birds takes place during their return from 
Africa to breeding grounds in Europe, before they have had a chance to 
reproduce. The impact of hunting on bird numbers in spring is more 
significant than it would be in autumn or winter, after the breeding 
season.
 
The Court stressed in its Order the importance of protecting the EU's 
common heritage and stated that "the interest of hunters does not appear 
to have a value superior thereto."
 
"Although we regret it had to come this far, and Europe-wide embarrassment 
has been caused for Malta, we are now confident that government-authorized 
spring hunting has become a thing of the past in Malta, said Konstantin 
Kreiser, EU Policy Manager with BirdLife International.
 
"At the same time we hope that the Maltese government, police and all 
stakeholders will work together to clamp down on the still widely spread 
illegal hunting and trapping in the country," he said.
 
President of BirdLife Malta Joseph Mangion said, "We are pleased to see 
that the court has acknowledged the importance of protecting the common 
natural heritage of the European Union and its member states as overriding 
the individual interests of the Maltese hunters, who have the opportunity 
nonetheless to hunt these same birds in autumn."
 
He said that Malta has a special responsibility as it is the southernmost 
central Mediterranean country through which migratory birds first pass on 
their way to their European breeding grounds. "We should be setting an 
example rather than seeking exceptions."
 
But BirdLife Malta CEO Tolga Temuge said in January that other species 
besides the European turtle-dove and common quail are at risk when hunters 
take out their guns in spring. "Every open spring hunting season has been 
used as a cover by many Maltese hunters to shoot protected species, many 
of which are threatened with global extinction, such the lesser kestrel, 
pallid harrier and others."

---