The government has asked for the case against spring hunting to be heard with urgency on Thursday or Good Friday, after the court issued a provisional injunction against opening the season on April 17.

The next hearing in the case instituted by NGO BirdLife Malta is scheduled to be held the following day, April 18.

BirdLife wants the court to stop the government from issuing a legal notice that would allow hunting for turtle dove in spring.

Judge Giovanni Grixti accepted the request and ordered a provisional ban until the courts can consider the merits of the case on April 18 – but the government wants to move the hearing forward as the season is due to have opened by then.

BirdLife has argued that the turtle dove is widely considered to be a vulnerable species in Europe and has criticised the ORNIS committee for recommending spring hunting be allowed despite a lack of information.

Government rebuts arguments

In its reply to BirdLife’s application, the government said that the NGO was “recycling” the arguments it had made in a previous bid to stop spring hunting from going forward, which a court had subsequently rejected. It also accused the NGO of forum shopping.

In 2022, the government had cited a stable population of turtle dove, “in both the long and the short term”, for its decision to open the season.

The local population was found to be in the same stable situation in 2023, the government said in its rebuttal to Birdlife. It estimates between 108,551 and 209,163 pairs of turtle doves having been recorded, adding that the lower figure had been used to establish estimates for the derogation.

The government also argued there was no legal basis for BirdLife’s action, as it had not indicated how it would suffer an irremediable breach of rights should the season open, nor how this prejudice would be disproportionate.

Furthermore, a court had already rejected these same arguments in an application made by BirdLife last year.

In November 2022, BirdLife asked the court to declare the spring hunting of turtle doves illegal, on the basis that the species was vulnerable and that the hunting season breaches the European Birds Directive.

EU Commissioner had warned Malta

The European Commission had written to the government and warned it would have no choice but to escalate infringement action against Malta after it opened last year’s spring season, Times of Malta has learnt.

European Commissioner for the Environment Virginijus Sinkevičius wrote to Hunting Minister Clint Camilleri on May 5, 2022, expressing his “deepest concerns” that Malta had chosen to adopt the spring hunting derogation. He recalled that in 2017 the EU and the Maltese government had decided to place a moratorium on spring hunting of turtle dove because the species had been listed as vulnerable on the global red list for birds and the situation had not changed. 

“There is in fact more evidence showing an ongoing population decline based upon updated scientific data,” Sinkevičius said.

As a result, he continued, all other member states had implemented a temporary “zero take” of turtle doves.  

Sinkevičius highlighted that issuing the derogation would be in breach of several provisions of the Birds Directive as well as commitments expressed in the EU Biodiversity strategy for 2030.

Furthermore, Malta was at the time already subject to an infringement procedure for failure to ensure the protection of wild birds and for allowing spring hunting in breach of the Birds Directive.

“The above leaves no choice but to take further infringement action and I urge the Maltese authorities to withdraw without delay the spring hunting derogation for the turtle dove.”

In February, the commission opened infringement proceedings against Malta and warned of legal action to come should the country persist down the same path.

Spring hunting for quail opens on Monday

The Spring hunting season for quail opens on Monday and continues until April 30, the government said on Thursday. 

Hunting may take place from two hours before dawn until noon on all days. The total number of quail that may be hunted is 2,400 and there is no individual quota.

Hunters are to immediately report every bird they catch. Unsuccessful hunters are to report their 'hunting effort'.

The government said any development regarding hunting for turtle dove will be announced immediately.