To reinstate deterrent penalties, without exceptions, for illegal bird trapping, BirdLife Cyprus calls on the government, stressing that the Commission is very likely to launch infringement proceedings against Cyprus on this issue, as it has already warned in a letter.
In a press release, BirdLife Cyprus says that in a recent response to the Commission on this issue, the Cypriot government presents a very different picture from reality, and writes that Cyprus is "bashing" the European Commission for reducing fines.
The organisation recalls that in December 2020, the overwhelming majority of the Plenary of the Parliament voted for "a disastrous" amendment to the Law on the Protection and Management of Wild Birds. As a result, the press release adds, the extrajudicial fine for the offence of illegally killing (with a hunting weapon or spell) up to 50 birds from a list of 14 protected non-game species was reduced from 2,000 euros to just 200 euros.
"These species happen to be over time the main target of trappers and poachers, known as grapefowl," it says. "This is a development that amounts to a serious relaxation of the law, and is a major setback to efforts to protect and conserve birds in Cyprus," it says.
It is also reported that in October 2021, the European Commissioner for the Environment sent a letter to the Cypriot government pointing out, "very aptly", that such low fines are neither deterrent nor punitive. "At the same time, the Commissioner points out, among other things, that the practical application of the law as drafted is questionable due to the difficulty of identifying these 14 species" and asks the Cypriot government to abolish the extrajudicial fine of €200 so that the penalties amount to €2000 for all species, it added.
BirdLife Cyprus lists "some of the most problematic points" of the Government's recent response to the Commission on this issue, as presented in a response by the Ministry of Interior to a question by MP Alexandra Attalidou.
In stating in the letter that the philosophy of this legislation does not favour illegal trapping, but instead becomes even stricter on the issues of illegal trapping and hunting of protected birds, the organisation says it is surprising "how it can be claimed that a legislation with reduced, non-deterrent fines for the illegal killing of protected species with a spell and/or shotgun" does not favour this.
BirdLife Cyprus also disagrees with the figures quoted by the Ministry that illegal trapping has decreased significantly in recent years due to the deterrent bounties imposed since July 2017. It states that records from its own systematic monitoring programme do not support such a reduction, but since 2018 there has been an increase in trapping levels within the Republic of Cyprus.
The Ministry also reports, according to the agency, that since the date of implementation of the legislation under review, 138 cases have been reported involving possession and/or use of sponges, i.e. an average of 28 cases per year, almost double the average for the years 2015 and 2016 when out-of-court fines did not apply (15 cases per year).
Commenting on this, BirdLife Cyprus asks, if the new legislation does not favour illegal trapping, then how can we explain the increase in cases of possession and/or use of swine from the day of its implementation and how can we talk about a reduction in trapping levels when cases have increased.
The organisation concludes that in its letter the Cyprus Government "fails to justify the reduction of the fine for the illegal killing of certain species" and calls on the Government to reinstate deterrent and effective penalties - with no exceptions - through a new amendment to the law.
Source: CNA
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