Hunting: Lazio, the sentence of the TAR with which the animal rights appeal was totally rejected must teach school; excellent work of the FIdC Bird Migration Office and the ANLC Legislative Technical Office.
The administrative court sheds full light on institutional roles and competences and fully legitimizes the work of FACE Italia. After the favorable rulings of the Veneto Regional Administrative Court and the Council of State on the CVs of the Veneto and Liguria regions, the Lazio Regional Administrative Court, with a judgment on the 2013-14 CV, totally rejects the appeal of Legambiente, ENPA, LAV, LAC, WWF and LIPU, analyzing and refuting every single point object of the appeal. A complete victory which once again, after the successes in Veneto, Liguria and Umbria, confirms the correctness of the FACE Italia proposals sent and supported by the Italian Regions. In particular in the Lazio Region, a joint work between the FIdC Bird Migration Office and the ANLC Legislative Technical Office, in collaboration with the Region, had made it possible to support the calendar with a detailed technical report complete with the reasons necessary to depart from the ISPRA opinion in several points. Italian Federation of Hunting presented a memorandum ad opposendum, enriched by a further technical report drawn up by the two offices mentioned above, in which the reasons supporting the deviations were analyzed in depth, expanding what is already present in the regional calendar resolution, attaching also a substantial series of scientific bibliographical references.
The TAR's response was clear-cut and unequivocal, stating that the Lazio Region correctly justified the deviations from the ISPRA opinion. An important part of the ruling also concerns the competences and the various institutional roles, reiterated in a very clear way: The Regions are the public bodies responsible for the concrete management of fauna, while ISPRA is a state consultative research body. The Italian Regions are by law endowed with autonomy in the management of fauna and hunting and for some specific purposes they must make use of ISPRA opinions, but they can depart from them with specific motivation, precisely because the task of managing the fauna of the regional territory is entrusted to them.
The ruling clearly reaffirms the correctness of the use of the overlapping decade in setting hunting seasons and in general assigns the decisive role to the European documents "KC" and "Interpretation Guide", including the possibility of using regional data, as happened for the Song Thrush. Once again the meaning of the SPEC definitions is reaffirmed, as simple acronyms of the non-governmental organization BirdLife International absolutely not transferable to official evaluations of the European Union, and for this reason the SPEC classification has no legal validity.
After this umpteenth sentence, which recognizes the correctness of the FACE Italia proposals, we hope that even the Italian Regions today not in harmony (for example Piedmont, Sicily, Abruzzo) will take them seriously, in order to allow both hunting and game activities. sedentary and migratory game in line with law 157/92 offering hunters from every region the same opportunities.
In thanking the Lazio Region for the defenses presented with precise technical support, we would like to ask after this further, positive legal demonstration, to consider for the next CV the proposals of the Hunting Associations in terms of huntable species, or the inclusion of the Tufted duck and of the Combatant, and increase in the number of pre-opening hunting days. Finally, thanks to Attorney Folgarelli, who followed the case for FIdC.
(February 21, 2014)
Federcaccia Bird Migration Office