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The regional indigenous socio-cultural traditional passion of live-finches capturing (colloquially termed as trapping) of the Maltese islands' numerous trappers. The EU Commission's strive to abolish.



FKNK© Maltese live-finch trapper carrying live decoys.
FKNK© Maltese live-finch trapper carrying live decoys.

The emotional Influence and History of Live-finches’ Trapping in Malta 1:


For Maltese trappers, live-finch trapping is more than just a pastime or sport; it is a fundamental aspect of their way of life, deeply rooted in regional socio-cultural tradition. In the Maltese language, this practice is affectionately referred to as "namra," a term infused with a deep sense of romanticism. "Namra" is analogous to the "pathos" of hunting on the Mediterranean island of Zakynthos, the "passione" of Italian hunters, the "Jagdfieber" in German-speaking regions, and the "bug" that drives hunters in the United States 2.  The elimination of this tradition would effectively dismantle a vital part of an individual’s identity.  The trapper, having dedicated his life to this pursuit, faces a future devoid of purpose, unable to dream, pray, hope, or find joy in life.  The loss of this social practice could lead to decreased socialization, negatively impacting mental and physical health, and potentially pushing him towards unhealthy environments in search of "alternatives."  The absence of such alternatives might further exacerbate the situation, leading to declining performance at work and even in intimate relationships, possibly causing strain in family and friendships.  Ultimately, the trapper may feel that life no longer holds any meaning, potentially leading to severe mental distress and even suicidal thoughts.


Those who do not participate in hunting or trapping may find it difficult to fully grasp the severity of these consequences.  It is akin to the emotional devastation of losing a loved one—whether a parent, child, or sibling—to violence.  Moreover, the emotional turmoil will resurface with each recurring trapping season, as if one’s loved ones were subjected to repeated, indiscriminate harm every year.

It is important to understand a crucial aspect regarding the seven targeted migratory finch species (none of which are resident or breed in the wild on the islands): these birds are caught alive using the traditional selective method of clap nets.  The design of these nets ensures that the birds are NEVER killed when captured.  Instead, they are kept alive for much longer than they would naturally survive in the wild.  This is done for several reasons, including using the birds as live decoys for their song and call, as well as for captive breeding.  It is also worth noting that in Malta, a Catholic country, intentionally killing any such finch would be considered a sacrilegious act.


FKNK© Live finch decoy.
FKNK© Live finch decoy.

The careful and judicious use of the captured finches is evident in the following practices:


  • Trappers meticulously care for the captured finches, ensuring a healthy stock, which requires daily attention to bird husbandry;

  • Traditional trappers never sell the finches they catch, though some may exchange birds;

  • The highest standards of care are applied to the captured finches, allowing them to acclimatize and reach full song due to their remarkable adaptability to their surroundings;

  • After the trapping season, all captured finches are released into spacious bird rooms and aviaries;

  • Cage-bird enthusiasts who traditionally keep and breed these species often need to restock to maintain genetic diversity. Wild-caught finches make a valuable contribution to this goal. Moreover, these breeders can provide the live-decoy finches to the trappers, which are closed-bred and carry a closed ring fitted at birth, making them easily identifiable during inspections.


FKNK© Back in the days, typical trapping site in Malta.
FKNK© Back in the days, typical trapping site in Malta.

Extracts from the unpublished manuscript, "Notes on Hunting in the Maltese Islands," by the late Aldo E. Azzopardi:


Human presence on the Maltese Islands dates back approximately 7,000 years, a time when the islands were largely forested and swampy.  Bird trapping originated in this region, as evidenced by bird pendants crafted from bones, likely worn as good luck charms during the Chalcolithic Period (c. 4200 BC).  Birds frequently appear in Maltese prehistoric art, and "paragne" (trapping stations) were found on both main islands of Malta.  These upright nets, similar to those known as "parany" in Spain, were used for trapping migratory bird species.  In a Bando 3 of 1773, decree by the Knights of Malta Grand Master Ximenes allowed an open season from September to December, using "reti d'uccelli piantati in terra e terriehe" ("nets stuck in the ground") and the “tirasse” net (“terrieħa”).  The Order also introduced trapping licenses.  The modern-day clap-net has a long history, even depicted on ancient tomb paintings in Egypt.  The snaring and trapping of birds and beasts has a long tradition, antedating other modes of hunting.   Bird trapping was widely practiced during the Classical Period, especially in the Roman Empire.  The earliest known depiction of a recognizable trapping station in Malta appears on the 'Great Siege' map, showing a double row of nets, which could be either clap-nets or upright nets.


In conclusion, it is crucial to recognize that the experiences of uncertainty, anticipation, hope, and excitement, as well as the satisfaction of a successful catch, are what drive Maltese trappers to dedicate themselves to this tradition.

The following section will address the technical aspects of trapping live finches:


Maltese live-finch trappers do not gain proficiency through academic qualifications from a university or other educational institutions. Aspiring trappers inherit a passion for the work and acquire the necessary skills through long hours of observation, listening, and hands-on practice, passed down through generations by their forefathers.


They learn the techniques associated with selective clap-nets, including the appropriate use of equipment, nets, rope, tethering sticks, and more. They also learn how to optimally deploy these items in various weather and wind conditions and understand the impact of these conditions on migrating finches.  Additionally, they gain insight into caring for finches, which are regarded as part of the trappers' families.  Moreover, they must learn to cope with setbacks, as success is infrequent, and continuously seek new knowledge.


These details are meticulously outlined in the book The Trapping (Live-capturing) of Wild Birds Migrating over the Maltese Islands (Farrugia, 2022). This publication also includes a DVD with trapping features and is available from the FKNK.


FKNK© live-capturing nets manually operated.
FKNK© live-capturing nets manually operated.

Malta’s EU Membership and the Negotiated Trapping Package:


In the period preceding Malta's accession to the European Union on 1 May 2004, the islands' highest authorities, including the then Prime Minister of Malta and the Malta EU Information Centre, employed a range of communication channels at their disposal, including personal letters to trappers, leaflets and other media, to disseminate information and engage with the public on the subject of live-finches trapping.  They conveyed that Maltese live-finches' trappers would be able to continue their centuries-old indigenous practice of unhindered once Malta became an EU Member State.  These channels included TV and radio broadcasts, EU propaganda programmes, public meetings, and other forms of communication.  Meanwhile, the EU Commission did not explicitly refute or corroborate these assertions.  Conversely, the Federation for Hunting and Conservation – Malta (FKNK), as a member of the European Federation for Hunting and Conservation (FACE), was aware of the inaccuracies and, despite its limited resources, attempted to alert the trappers to the misleading and false promises being made.


As expected, the FKNK could not compete with the Malta Government propaganda machine.  As a result of Malta's accession to the EU, it became evident to the Maltese trappers that the promises made to them were untrue.


It is imperative to clarify that the negotiated trapping package prior to Malta's accession to the EU was wholly inappropriate and, arguably, deceptive, approaching a betrayal of trust.


The objective of those engaged in trapping is to capture birds.  The socio-cultural traditional passion of the trappers lies in the capture of birds, not in keeping them in captivity, as was negotiated by Malta's well-known anti-hunting negotiator during Malta's EU Membership negotiations.


To emphasis, as will be explained in greater detail later on, the experiences of uncertainty, anticipation, hope, and excitement, as well as the satisfaction of a successful catch, serve as the driving forces behind the dedication of Maltese trappers.


In conclusion, the negotiated package permitted a five-year transitional period following EU membership during which normal finch trapping practice was still permitted.  Meanwhile, the Maltese Government initiated an expensive programme of finch captive breeding, which was to serve as an "alternative satisfactory solution" to trappers at the end of the transitional period.


"When we take away from a man his traditional way of life, his customs, his religion, we had better make certain to replace it with something of value" (Ruark, 1955).

Therefore, the negotiated package regarding the trapping tradition, where finches were bred in captivity to replace the capture of the same species from the wild, proved to be an expensive exercise that offered no satisfactory alternative solution for trappers.  One might inquire how a comparable arrangement would be perceived by an angler who would be requested to relinquish his fishing equipment and instead partake of fish bred in an aquarium within the comfort of his residence.  The term "fisher" is frequently used to refer to Maltese trappers.


However, while on fishing, it would be prudent to consider the catch-and-release method as a potential satisfactory alternative to live-finch trapping (Lia, Cordina & Farrugia, 2011).  Further details will be provided in the Government Finches Research Citizen Science Project.


Consequently, the centuries-old socio-cultural tradition of live-finch trapping, practised by approximately 4,000 trappers on the Maltese islands for generations, was prohibited from 2009 to 2013.


FKNK - Stephen Muscat© Socio-cultural practice
FKNK - Stephen Muscat© Socio-cultural practice

The Reintroduction of Live-finch Trapping:


The 2013 newly elected Labour Government was aware that other EU Member States, including Italy, France, Germany, Austria (where the live-capture of some of the same finch species is even listed as an Intangible Cultural Heritage by UNESCO), Spain, and others, permit live-bird capturing by applying correct derogations from the "Birds" Directive (see:https://www.eea.europa.eu/data-and-maps/dashboards/derogations-and-exceptions-table). Consequently, it reinstated live-finches trapping from 2014 to 2017 by applying derogation under article 9.1(c) of the Directive.


However, in the autumn of 2018, following a ruling by the European Court of Justice (ECJ) (Case C-557/15), finch trapping was once again prohibited.  This situation persisted into the autumn of 2019.  The primary rationale behind the ECJ ruling, which effectively prohibited traditional finch trapping, was the absence of sufficient scientific evidence to ascertain the reference populations of finches (all of which are classified under the 'least concern' conservation status in the wild) that migrate over the Maltese islands.


In 2020, the Maltese government, recognising the trappers' predicament and the associated hardships, and exhibiting a strong political resolve to provide a satisfactory alternative solution to the Maltese trappers, established a ‘Catch and Release’ Research Programme.  This programme was extended to all interested licensed bird trappers, inviting their participation in this national initiative.  These trappers, who also underwent the requisite testing, were permitted to utilise the traditional clap nets 4, which are demonstrably more effective than mist nets employed by bird ringers, along with live decoys and pre-recorded bird callers.  Each caught bird is subjected to a thorough examination to ascertain whether it has been fitted with a scientific EURING 5 ring.  In the event that such a ring is present, the relevant data is duly recorded on the provided forms.  In any case, the birds are released immediately back into the wild. 


The fourth consecutive year of this research was conducted during the autumn of 2023.  The FKNK welcomed and endorsed the government's initiative, citing the collection of valuable scientific evidence as a means of addressing the shortcomings identified in the ECJ verdict.  Accordingly, the FKNK concluded that it would be optimal to have any captured finch lacking a scientific ring fitted with one by a qualified bird ringer prior to release.  As BirdLife Malta, the entity that previously held the exclusive right to conduct bird ringing in Malta, refused involvement in this research project, calls were made by both FACE and the FKNK for foreign-based bird ringers to come to Malta.  It is regrettable that no tangible outcome was achieved, given the inherent challenges associated with conducting scientific research in an environment where a ringing monopoly, managed by Malta's largest anti-trapping and hunting lobbyists, prevails.  Moreover, reliable sources indicated that EURING discouraged foreign bird-ringers from participating in Malta's research.  The unprofessional attitude of EURING and the monopoly of BirdLife made it challenging to persuade impartial candidates, who were not opposed to hunting and were genuine scientists, to endorse the Project.


FKNK© Checking the finch for a scientific ring prior releasing (2023)
FKNK© Checking the finch for a scientific ring prior releasing (2023)

The Commission files another Case at the ECJ:


Despite the absence of case law at the EU level concerning the contestation of research projects, in 2023 the Commission initiated another court case against Malta at the ECJ with the objective of bringing the research programme to an end.  A public hearing was held in the Luxembourg Court on 19 June 2023.  In May 2024, the European Court of Justice's Advocate General, Tamara Ćapeta, delivered her non-binding Opinion about the Research Programme case, pending the final verdict, which is expected by this autumn 2024.


This paper's principal objective is to address the questions raised in the Opinion that may have a significant bearing on the final verdict.


The Opinion:


While most questions raised in response to the Opinion have been addressed in the preceding sections, a few remain unanswered and require further elaboration.


1. What can the Finch Research Project contribute to the field of science? 


The research question posed by the Project, namely "Where do finches that migrate over Malta during post-nuptial (autumn) migration come from?", can be answered by the large amount of data that can be obtained.  It stands to reason that the more active widespread research sites there are, the larger the number of data results obtained.  In contrast, BirdLife Malta has only ever deployed a limited number of bird-ringers (#18) at the same three or four locations.  


Consequently, the considerable discrepancy in the number of researchers, the extensive network of active trapping sites, and their widespread distribution, in addition to facilitating broader conservation objectives in the future, will undoubtedly yield a more comprehensive understanding of the finch populations’ reference countries than would have been possible with the efforts of just 18 individuals operating from the same three to four locations.


2. Would it be beneficial to ascertain whether the project can be extended to all citizens?


Indeed, this is a citizen-science research project, and therefore the participation of all citizens is encouraged.  One consequence of this would be to alleviate the frustration of trapper-youths who were unable to secure a trapping licence in 2013 (no new trapping licences have been issued since then) due to their age. As previously stated, the project's applications were also open to the local 18 licensed BirdLife Malta bird-ringers. However, they declined to participate.


Furthermore, the continuous assertion by BirdLife Malta that there are an excessive number of trapping sites on the islands, which they purportedly substantiate through mathematical calculations to come up with astronomical number of finches that may be trapped, is an irrelevant and superfluous argument.  The counterargument is based on a straightforward logical premise: it is not humanly possible for any licensed trapper to be present at more than one trapping site simultaneously.  For the sake of argument, if the figure of 8,000 trapping sites proposed by BirdLife is accurate, the maximum number of sites that the 3,500 or so licensed trappers could utilise simultaneously would be 3,500.


It is, however, essential that any individual intending to participate in the project should possess the requisite skills and knowledge.  Notably, that the number of trappers eligible to apply for the aforementioned special licence, permitting them to engage in the research programme, was restricted to those who held a general trapping licence and had successfully completed the requisite test set by the WBRU (Wild Birds Regulation Unit).


“Citizen Science refers to a project or program of scientific work, embedded in a structure designed and overseen by scientists, in which a network of volunteers, who may have no specific scientific training, perform or manage tasks such as recording observations or measurement.  Such programs can yield a wealth of information that would not be possible otherwise, given the limitations of research funding and personnel.  The value of citizen science is particularly obvious, and indeed essential, for the conservation and sustainable use of wildlife.


Hunter (Trapper)-collected data based on standardized procedures can generate a broad database of morphometric measurements and physical descriptions; assist in refining distribution range maps, contribute towards resolving taxonomic disputes, and describe local rural development aspirations and their conservation implications.


…modern hunters (Trappers) have extraordinary tools to collect, store and distribute information at almost no cost and with acceptable individual effort. 6


Nevertheless, the FKNK is confident that the project would benefit from the involvement of any interested individual, provided that they possess the requisite trapper skills, which are typically inherited and developed through prolonged periods of observation, listening and practical training, imparted by more experienced trappers.


3. The tradition of scientific inquiry is a cornerstone of modern scientific practice.  What are the reasons for the continued use of live decoys when using clap nets?


A traditional Maltese trapping adage states, "To trap birds, one needs live-decoy birds." This is expressed in Maltese as "għall-għasfar trid l-għasafar" (Farrugia, 2014 and 2022).


Despite the efficacy of contemporary pre-recorded bird callers in attracting birds, experienced trappers assert that while migrating finches may be drawn to such devices, the presence of live decoys, particularly tethered ones within a clap net trap, will invariably capture their attention and prompt a final approach towards the decoys and the trapping area.


The striking efficacy of the trappers' approach, which involves the live capture of finches with the aid of live decoys, is evident when compared to the method employed by bird ringers, who utilise pre-recorded bird callers (Table 1). This stark reality is even more astounding when one considers that the trappers are restricted to the use of traditional clap-nets and live-decoy finches by an open season of only three months (October to December) and by time (two hours before sunrise up to two hours after sunset) (Farrugia, 2022).


Table 1

4. Is the project the optimal means of obtaining the data required to answer the research question?


As previously stated, the bird-ringing operation conducted by BirdLife Malta, due to its limited scope and venue, is inadequate to address the identified knowledge gap.


Similarly, the only other satisfactory solution is the Finches Research Project.  It would have been beneficial to have the input of expert ornithologists. Nevertheless, as previously detailed and will be further explained in the subsequent question, these were absent.


5. What were the reasons for the refusal of BirdLife Malta bird ringers to take part in the project?


It is not the intention of these authors to take offence at the "BirdLife franchise", scientific research on birds, ecological awareness and the concept of nature conservation, which existed before the creation of this organisation.


It is imperative that the relevant authorities recognise that an activity which facilitates the acquisition of knowledge cannot be 100% controlled, if confiscated by a supranational entity with an anti-intellectual bias and a commercial interest, which may therefore be susceptible to corruption.  Such an approach is intellectually convenient and lazy, but also dangerous for true progress and science.


The rationale behind the non-participation of professional bird ringers has been previously elucidated.


It is nevertheless pertinent to note that BirdLife is an NGO, and thus a "non-governmental" organisation by definition. Consequently, it cannot be the exclusive arbiter of national scientific inquiry and research.  It is regrettable that, as previously stated, BirdLife has a history of opposing all live-capture projects, including those aimed at rescuing injured birds and preventing their death from hunger and thirst during migration.  The FKNK and the Maltese government remain committed to the finch research project as the most effective means of obtaining the necessary data to answer the research question.  However, ringers from BirdLife Malta have consistently declined to participate in the project, citing “ethical” concerns and refusing to cooperate in any capacity. Notwithstanding the obstacles presented by BirdLife Malta's absence, the FKNK and the Maltese government remain dedicated to pursuing the project to its intended conclusion.  They are convinced that it will yield invaluable insights into the migratory patterns of finches in Malta and contribute to the broader scientific community's understanding.


6. What are the reasons for considering enforcement an essential element?


BirdLife Malta is unequivocally committed to the eradication of finch trapping.  Their "bird-camps," in collaboration with the German-based organisation CABS and its "bird-guards," engage in continuous monitoring of trapping stations, seeking evidence of violations related to the project.


FKNK© Setting nets after manually resetting operation.
FKNK© Setting nets after manually resetting operation.

Consequently, the Maltese authorities have deployed the most appropriate personnel, including the police force and its special environment enforcement unit, official rangers, FKNK marshals and, on occasion, military personnel, with the objective of guaranteeing the optimal and most effective enforcement of the regulations associated with the Project.  One might suggest that throughout the open hunting and trapping seasons, the Maltese islands are effectively under police control.


Nevertheless, the most that BirdLife and their associates could achieve was to film a single trapper for an extended period in contravention of the Project's regulations.  Those with a genuine commitment to bird protection would have promptly intervened to halt the trapper's actions and prevent the acquisition of illicit footage, had they been genuinely committed to the protection of birds.


Conclusion:


The ongoing legal and cultural conflict surrounding the practice of live-finch trapping in Malta exemplifies the intricate interweaving of tradition and modern conservation policies.  For Maltese trappers, the practice is more than a mere pastime; it is a way of life that has been handed down through generations.  The EU's endeavours to abolish this practice, while founded upon legitimate conservation concerns, have failed to acknowledge the profound cultural and emotional significance of trapping for the Maltese people.  This is despite the EU's espousal of the view that the excellence of the Union is inextricably linked to the cultural diversity of its Member States.


As the EU and Malta continue to navigate this contentious issue, it is of the utmost importance that any future policies strike a balance between conservation goals and the preservation of cultural heritage.  The Finch Research Programme represents a potential model for such a compromise, but its success will depend on the continuation of dialogue and collaboration between all stakeholders.


The final decision of the European Court of Justice will have significant consequences, not only for Maltese trappers but also for the broader discourse on the function of traditional socio-cultural practices in a rapidly evolving world.

The Maltese Government and the FKNK have adopted a proactive stance in addressing the concerns raised by the European Court of Justice, launching the Finch Research Project and extending an invitation to licensed trappers and bird ringers to participate.  Notwithstanding the obstacles presented by BirdLife Malta's refusal to engage with the project, the FKNK remains dedicated to pursuing the research, with the conviction that it will yield invaluable scientific data that will contribute to the conservation of finches and other migratory birds in Malta.


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1 Two detailed Papers “Socio-Culture & Tradition in Malta’s Hunting & Trapping Passions” by Farrugia, L. (2009), and “Conserving the Indigenous Socio-Cultural Tradition of Live-Finch Capturing on Malta” by Lia, J., Cordina, R. and Farrugia, L. (2011) are available from the FKNK through info@huntinginmalta.org.mt


2 Paper – A Passion for Birds 2007 Dr. Mark Anthony Falzon Ph.D.(Cantab.).


3 Bando was a proclamation by the Grand Master of the Order of St. John, equivalent to present-day Legal Notice.


4 The Clap-Nets finches-capture effectiveness over the mist-nets is detailed in a Paper “The Importance and Efficiency of the Maltese Government Finches Research Programme” (Farrugia, 2022) also available at the FKNK.


5 EURING is the coordinating organisation for European bird ringing schemes, which unlike all other countries where it is represented by an authority, in Malta it is represented by BirdLife Malta.










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