Next Thursday 28 January 2020 the Council of State set the hearing for the discussion of the appeal against the sentence of the TAR Tuscany n ° 848/2020 concerning the Hunting calendar 2019/2020. As is well known, the aforementioned sentence partially welcomed the theses of the petitioner animal-environmentalist associations on two particularly delicate issues for the formulation of future regional hunting calendars.
In particular, the sentence of merit of the Tuscan TAR on which the Italian Federation of Hunting, Federcaccia Tuscany with the support of the Confederation of Tuscan Hunters, it filed an appeal with the Council of State. It focuses on: Restrictive interpretation on the application of the time frame for the species subject to pre-opening; Prohibition of taking the species Pochard and Lapwing. In particular, the TAR Toscano had decreed for point 1 that ... omitted ... "compliance with the maximum time frame for which the modification of the final deadline, to compensate for the early opening, must be correctly referred to the entire period included from the beginning of the early opening and the ordinary start of the hunting season required by law and not the actual number of hunting days included therein, which therefore remains irrelevant "and for point 2 ... omitted ..." the aforementioned new classification results in the prohibition of taking the two species Lapwing and Pochard unless these are not the subject of a specific Action plan at the national level which provides for adaptive management measures and the quotas of withdrawals "... omissis ..." at present therefore the absence of specific action plans for the aforementioned species means that the hunting withdrawal cannot be considered sustainable also pursuant to art. 7 of Birds Directive and related hunting guidelines.
It therefore follows that the Tuscany region immediately complies with international, European and state regulations, incorporating in the hunting calendar the prohibition of taking the Moriglione and Pavoncella species "... omitted ... With the next hearing, our battle will therefore continue for the affirmation of the rights of all Tuscan hunters by consistently responding to the commitments undertaken in recent months. The lawyers to whom our total esteem and trust go, have committed and will undertake with the utmost care and professionalism in presenting the legal elements and the technical-scientific reasons, prepared by the national technical offices, in support of our thesis to overturn what was stated by the TAR Toscano in sentence n ° 848/2020.