Bird research in Malta has reached the EU courts

In order to combine deep socio-cultural traditions with scientific research, Malta has established a 'Catch-and-Release' programme, which draws upon the centuries-old experience of live-finch trappers.  Nevertheless, the outcome of a forthcoming ruling by the European Court will have significant implications for the future of bird research and the interests of numerous passionate individuals.

Lino Farrugia is the Chief Executive Officer, and Andrew Psaila is the Vice-President of the Federation for Hunting and Conservation – Malta (FKNK).

Malta's Live-finch Trapping

Live-finch trapping represents an integral aspect of the Maltese way of life for a significant proportion of the population.  The practice entails the capture of seven species of finches from healthy populations classified as "Least Concern."  Furthermore, the number of specimens caught by Maltese trappers was negligible, representing less than 1% of their populations' natural yearly mortality and, therefore, having no conservation impact.  The caught finches were never harmed or killed; they were kept in spacious aviaries and considered part of the trappers' families.

The knowledge, expertise and cultural identity associated with this customary activity are transmitted from generation to generation in a manner analogous to the preservation and transfer of artisanal skills observed in other European countries. Otherwise, these skills may be irretrievably lost.  The loss of these abilities is a consequence of the erosion of cultural diversity, a fundamental tenet of the European Union.

Citizen Science Research Programme

In order to address the lack of scientific data about these finch populations, the Maltese Government initiated a 'Catch-and-Release' Citizen Science Research Programme between 2020 and 2023, which was open to licensed trappers.  The objective was to leverage the expertise of these individuals by capturing finches and subsequently releasing them, after checking if any captured birds had been previously fitted with scientific rings.  Although the methodology differs, bird-ringing entails the use of nets to capture birds, a practice comparable to that employed by Maltese live-finch trappers for the purpose of studying population dynamics.

The only means of obtaining significant data from bird ringing is to recapture the ringed specimens in order to gather information about the bird and its location.  The principle of "capture-mark-release-recapture" forms the basis of numerous wildlife research programmes and provides the data necessary to study bird populations.  The FKNK endorsed the programme as an essential means of acquiring missing data.

Maltese trappers have developed considerable expertise in catching finches, a practice that has been refined over centuries and transmitted from one generation to the next.  Such participation allows the generation of a broad database of biometric measurements and physical descriptions, the refinement of distribution range maps, and the contribution to the resolution of taxonomic disputes, thereby supporting conservation actions.

The Opinion of the Advocate General of the European Court

Nevertheless, in a campaign that bore resemblance to a witch-hunt, the European Commission initiated legal proceedings against Malta's trappers in 2023.  In May 2024, the Advocate General of the European Court delivered its ‘non-binding’ opinion, and a final verdict is expected on 19 September 2024.  It is regrettable that the Advocate General failed to grasp several pivotal points.

For example, the Court's opinion raised the question of whether the research programme could contribute to the advancement of scientific knowledge.  At the Maltese level, the programme's capacity to enhance the quantity of data generated from bird-ringing is apparent, with approximately 3,500 trappers set to participate in the recapturing effort alongside the 18 or so Maltese bird ringers.  This underscores the substantial contribution this could make to scientific advancement.

Furthermore, concerns were expressed regarding the programme's proposed expansion to encompass all citizens, given that it is a citizen-science research initiative.  It is recommended that all citizens participate. The value of citizen science is particularly evident and essential for the conservation and sustainable use of wildlife.

Further questions were raised regarding the rationale for the continued use of live decoys. The research programme uses captivity-bred live decoys to attract wild finches. Notwithstanding the efficacy of pre-recorded bird callers employed by bird ringers, these live decoys invariably attract finches to them and the trapping area.

The effectiveness of the trappers' live-decoy approach is evident when compared to the bird-ringers' bird callers.  In a mere two years (2016 and 2017), trappers captured 15,914 finches, whereas bird-ringers captured only 2,683 over a 44-year period (1965-1983 and 1984-1995). This stark contrast highlights the significant benefit that trappers' methods can yield for research.

What, then, is at stake?

The planet is simultaneously experiencing two forms of erosion: that of biological and cultural diversity.  The two collapses are attributable to a similar set of causes.  The final European Court verdict may have significant implications, not only for Malta but also for the broader field of bird research.  Should the practice be outlawed, a significant loss of cultural knowledge will ensue, along with the potential for stagnation in the field of ornithological research.

It is increasingly accepted among experts that greater integration of cultural heritage, ecological knowledge and community-based conservation policies is required, rather than the prevention of community participation.  The exclusion of Malta and other analogous programmes on the basis of unsubstantiated justifications does not encourage the involvement of citizens in addressing broader societal challenges.

Ultimately, it is imperative to consider the following question: What would the citizens of Europe stand to gain from the potential European Court of Justice abolition of live-finch trapping research practised by trappers in Malta?

Please refer to the link below for a comprehensive and detailed report on this subject: https://bit.ly/4g8kCkL