Filenews 23 October 2021 - by Angelos Nikolaou
The European Commissioner for the Environment, Oceans and Fisheries, Virginius Sinkevitsius, rings the bell for Cyprus in a letter to the Ministers of Justice, Interior and Agriculture, calling for immediate measures to be taken on the levels of illegal trapping of migratory birds and for the amendment of the legislation for the creation of two categories of bird species with regard to the imposition of an extrajudicial fine.
In his letter of 12/10/2021 on illegal bird trapping in Cyprus and the recent amendments to the Law on the Protection and Management of Wild Birds and Game, the European Commissioner expresses his deep concern in relation to the persistent problem of illegal trapping and killing of wild birds, especially migratory ones, in Cyprus, using methods prohibited by the EU Birds Directive, such as nets and limes.
The Commission, it notes, has repeatedly expressed in the past the need for effective enforcement in Cyprus of European legislation prohibiting such practices.
Although the measures taken in Cyprus have recently led to a certain reduction in the use of nets, compared to the very high levels of 2002, the data of BirdLife Cyprus' systematic monitoring programme show that net trapping in Cyprus continues. It is estimated, he adds, that 280,000 birds have been killed last autumn in the research area, mainly where the Government of the Republic of Cyprus exercises effective control, underlining that these levels remain excessive.
In addition, Mr. Sinkevicius notes, he has been informed that illegal trapping with limesticks has increased by about 270% in recent years in terms of the number of illegal trapping points from 2019 to 2021. It is obvious, he notes, that these activities are the direct result of the setting of a significantly lower fine for trapping with limesticks, as well as the continuation of illegal consumption of birds in restaurants, which brings about significant financial profits. In his letter, the European Commissioner cites data from the Game and Fauna Service, according to which the profits from the illegal trade in vine birds reach up to €15 million per year.
With the recent amendment (29/12/2020) of the Law on the Protection and Management of Wild Birds and Game, the extrajudicial fine has been significantly reduced from €2,000 to just €200 for the offence of illegal killing with a shotgun or lime from a list that includes 14 protected non-huntable species.
Furthermore, the amendment does not provide any justification why some species are included in this list, while others, which are genetically very close to them, are very difficult to identify even by ornithologists.
Surprisingly, he adds, fines for hunted species are significantly higher (€2,000 for predation of a bird with a net) compared to the 14 protected species. The commissioner, commenting, underlines that "it seems that the illegal killing of huntable species in Cyprus is considered a much more serious offence than the illegal killing of protected migratory species with limes and shotguns. Such low fines are neither deterrent nor punitive." Specifically, it states that the fine imposed is now very low and does not even approach the estimated price for a dish with 12 vines served at the price of €90, according to a report by the Commissioner for Administration of the Republic, in order to act as a deterrent. At the same time, Mr Sinkevicius underlines that no justification is given for this amendment, which creates a category of species for which the violation of the law is less serious than in other cases.
In addition, the Commission questions the possibility of the practical application of the law, as it is extremely difficult for police officers to distinguish these 14 species from other similar species of birds, for which the out-of-court settlement is much higher (€2,000). The risk, he adds, is that the lowest fine applies in all cases to species that are usually grouped under the name "vine birds". "These relaxations appear to have already led to an increase in illegal activities, including illegal killing," he adds.
The Commissioner for the Environment points out that the ongoing illegal trapping and killing practices of birds in Cyprus have continued to a large extent and on a large scale for many years and are in addition to other pressures on the conservation of wild birds, such as habitat fragmentation and pollution, which seriously undermine the EU's biodiversity protection targets.
"Therefore, it is of the utmost importance to adopt the necessary measures in Cyprus, with the participation of all authorities and bodies involved, in order to drastically reduce and ultimately put an end to such illegal practices," he adds. Moreover, in all cases, he adds, the effective confrontation of the problem requires legislative changes, which act as a deterrent for all species and in all cases where the relevant provisions of the legislation are violated, with the coordination of the Game and Fauna Service, the adequate staffing of the Police, with targeted awareness and determination to exercise frequent and effective controls (in the field, in restaurants and elsewhere, and especially during trapping periods, during which vines are served in restaurants), with adequate persecution of offenders, as well as proper and effective monitoring of the implementation of such actions.
One month deadline for the Republic to respond
The competent European Commissioner clarifies through his letter to three co-competent ministers of the Republic the intentions of the Commission in case of demonstration of any inaction and tolerance by the co-competent authorities of the Republic in phenomena of poaching.
"In order to avoid further action by the Commission to address the problem, such as the initiation of an infringement procedure due to the high levels of trapping, as well as the legislative gaps and the weaknesses in the implementation of the legislation, I would be grateful if I would take the views of the Cypriot authorities in relation to the issues mentioned above within one month of receipt of this letter, as regards the measures to be taken to reverse this worrying picture." Furthermore, the Commissioner responsible asks whether the legislation is expected to be amended and when, including the harmonisation of fines for all types and the abolition of the lowest fines determined under the current legislation for 14 protected species. Therefore, it calls for the abolition of the extrajudicial regulation of €200 so that for all items the penalties amount to €2,000. Concluding his letter and addressing the three ministers, the Commissioner for the Environment states: "I believe that I can count on your commitment to address this worrying situation."
