Hunting: Sicily, the Tar rejects the request for suspension of the 2014-2015 Hunting Calendar, saving the pre-opening of the Hunting Season set for 1 September.
On 25 August 2014, the Decree of the Regional Administrative Court for Sicily - First Section was filed, rejecting the request for suspension presented to the Sicilian Regional Hunting Calendar and which would have prevented the start of the hunting season from pre-opening scheduled for 1 September 2014. Furthermore, the request for suspension concerned the authorization to carry out hunting activities in the Natura 2000 sites "without the prior and mandatory acquisition of the ISPRA opinion"; the modification with which the registration of the number of migratory game heads in the regional card at the end of the hunting day is arranged, and the extension of the pre-opening regime of the hunting season also to the species "Wood pigeon", Providing for the advance withdrawal of three weeks (on days 1-6-7-13-14-20 September 2014).
Considering the lack of reasons of exceptional gravity and urgency that legitimize the adoption of the requested precautionary measure, the TAR rejected the request and set the discussion on 11 September 2014.
Below we publish the full text of the "Sicily TAR Decree 25 August 2014":
"
N. 00614/2014 REG. PROV.CAU.
N. 02291/2014 REG. REC.
ITALIAN REPUBLIC
Regional Administrative Court for Sicily
(Section One)
The President
pronounced the present
DECREE
on the appeal number of the general register 2291 of 2014, proposed by:
Legambiente, Sicilian Regional Committee Onlus, represented and defended by the lawyer. Nicola Giudice, Antonella Bonanno, with an address for service at Nicola Giudice in Palermo, via M. D'Azeglio N. 27 / C;
against
Department of Agriculture, Rural Development and Mediterranean Fishing of the Sicilian Region, Regional Land and Environment Department, Hunting and Nature Association;
for cancellation after suspension of effectiveness,
1 - of the DA n. 45 / gab of 13 June 2014 and related annexes "A" and "B" which are an integral part of the same decree, concerning the "2014/2015 Hunting Calendar", with which the Councilor for Agriculture, Rural Development and of the Mediterranean Fishing of the Sicilian Region has regulated the hunting activity for the next season, with pre-opening from 1 September 2014;
2 - of the DD.AA. a. 46 / gab, 47 / gab, 48 / gab, 49 / gab, 50 / gab, 51 / gab, 52 / gab, 53 / gab and 54 / gab, all issued on 13 June 2014 together with the hunting calendar, with such as the Councilor for Agriculture, Rural Development and Mediterranean Fishing of the Sicilian Region authorized the exercise of the hunting activity in the Natura 2000 sites respectively provided therein, without the prior and mandatory acquisition of the ISPRA opinion, in violation of art . 18, paragraphs 1 and 4, of the L. reg. sic. n. 33/1997 and subsequent amendments;
3 - of the DA n. 70 / gab / 2014 of 6 August 2014 concerning "Changes to the hunting calendar 2014/2015", with which the Councilor for Agriculture, Rural Development and Mediterranean Fishing of the Sicilian Region, amending its previous DA n . 45 / gab, has ordered, on the one hand, the registration of the number of migratory game heads in the regional card at the end of the hunting day, and, on the other hand, has extended the pre-opening regime of the hunting season also to the species " Colombaccio ”, providing for an early withdrawal of three weeks (on days 1-6-7-13-14-20 September 2014);
Given the appeal and its annexes;
Having regard to the application for single precautionary measures proposed by the applicant, pursuant to art. 56 cod. proc. amm .;
Considering that there are no reasons of exceptional gravity and urgency that legitimize the adoption of the requested precautionary measure;
PQM
He rejects the request and sets the council chamber of 11 September 2014 for the collegial discussion.
This decree will be executed by the Administration and is deposited with the Secretariat of the Court which will notify the parties.
So decided on 21 August 2014.
The President
Filoreto D'Agostino
DEPOSITED IN THE SECRETARIAT
25/08/2014
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
"
(26 August 2014)
Hunting Federation