Alessio Piana, private secretary of the Councilor for Hunting of the Liguria region, specified how the ban on hunting activities will be managed in the areas affected by fires. Here are his words: “In consideration of the antinomy found between regional legislation and national legislation, with regard to the prohibition of hunting in wooded land crossed by fire, it should be noted that the only provision applicable in the Ligurian territory is the special one contained in the regional law 35/2008, of which in question.
Although article 10, paragraph 1, of the law of 21 November 2000, n. 353, Framework law on forest fires, establishes a ban on hunting for 10 years limited to the stands of wooded areas affected by fire, the regional law 35/2008, amending LR 4/1999 on forests, toArticle 1, provides, with reference to the ban on hunting in the woods affected by fires, a period of suspension of the hunting activity limited to three years, applicable only if the burned area is greater than one hectare.
The regional law in question, despite the report by some profiles of illegitimacy formulated at the time by the State Forestry Corps-General Inspectorate, (note n.618 / M of 30/10/2009), at the Legislative Office of the Ministry of Agricultural, Food and Forestry Policies, was not subject to appeal by of the CdM; in the absence of a ruling of illegality by the Constitutional Court, the law is in effect valid and effective. Therefore, for the arguments expressed above, it is believed that in the Ligurian territory the hunting ban provided for in article 46, paragraph 5, of LR 4/1999, which provides: “5. In the woods crossed by fires, hunting is forbidden for three years, if the burnt area is greater than one hectare.
These woods must be properly tabulated ". That said, in order to guarantee a framework of legal certainty, so that the violation of the rule referred to in Article 46, paragraph 5 of Lr 4/1999 can be validly contested, it is necessary that the stands crossed by fire, on which the unlawful behavior is detected, are previously bounded and registered in the appropriate municipal cadastre referred to in article 10, paragraph 1 of law no. 21, as well as appropriately tabulated ".