The Wildlife Legislative Technical Office of ANLC publishes a technical report regarding the possible extension of the levy in derogation to the Crow, Magpie and Jay species.
Technical report: Feasibility study on the possibility of extending the use of the derogation for letter A to the species CORNACCHIA GRIGIA (Corvus corone cornix), GAZZA (Pica pica) and GHIANDAIA (Garrulus glandarius) as required by current regulations.
From the analysis of the Report on the use of the Exemptions pursuant to Article 9 of Directive 79/409 / EEC on the Conservation of Wild Birds, it is considered necessary to communicate to the Local Administrations the possibility of being able to include among the species subject to the Derogation according to letter A (damage to agriculture, livestock and fishing) and second letter B (for health reasons) the species listed as per the subject of the letter.
In the premises of the aforementioned "Report on Derogations in the EU 2008", it is believed that the use of the exemption levy is particularly applied to:
The derogations connected with the "prevention of serious damage, in particular to crops, livestock, forests, fisheries and water" (code 30) were issued for species with significant impact, such as Ardea cinerea, Phalacrocorax carbo, Anser anser, Branta leucopsis, Columba palumbus, Streptopelia decaocto and different Corvids selectively eliminated by shooting and scared away, in order to prevent damages in some countries such as Austria, Hungary, Estonia, Latvia, Lithuania, etc.
The exemptions used for the "prevention of serious damage, in particular to crops, livestock, forests, fishing and waters" (code 30) were issued for species with significant impact, such as Ardea cinerea, Phalacrocorax carbo , Anser anser, Branta leucopsis, Columba palumbus (Wood pigeon), Streptopelia decaocto (Collared dove) and several corvids selective shot and frightened, in order to prevent damage in some countries such as Austria, Hungary, Estonia , Latvia, Lithuania, etc ..
Another substantial number of derogations was issued “in the interests of public health and public safety” (code 10). This reason is mainly used by Germany and Hungary to destroy bird nests, mainly of Passer domesticus, Corvus frugilegus, Corvus monedula, Apus apus, Hirundo rustica and Delichon urbica or in Italy to kill Columba livia.
Another sizeable number of exemptions were issued "in the interest of public health and public safety" (code 10). This motif is mainly used by Germany and Hungary destroying the nests of birds, especially of Passer domesticus, (Sparrow) Corvus frugilegus (Crow), Corvus monedula (Taccola), Apus apus, Hirundo rustica and Delichon urbica or in Italy to kill Columba livia (Wild Pigeon).
Killing of specimens is mainly applied to prevent serious damage, in particular to crops, livestock, forests, fisheries and water. A great part of the derogations granted for killing all over Europe concerns the so called pest species and, in particular, crow species such as Corvus corone, C. frugilegus, C. monedula, Pica pica and Garrulus glandarius, Turdus ssp., Sturnus vulgaris , Phalacrocorax carbo, Larus ridibundus and L. argentatus.
The killing of some species is mainly applied to prevent serious damage, notably to crops, livestock, forests, fishing and water. A large part of the exemptions granted for killing throughout Europe concern so-called pest species and, in particular, air species such as Corvus corone, C. frugilegus, C. monedula, Pica pica and Garrulus glandarius, Turdus ssp., Sturnus vulgaris, Phalacrocorax carbo, Larus ridibundus and L. argentatus.
Specifically analyzing all the Member States. we can see how the use of the derogation for serious damage to agriculture combined with that for the interest of public health, for the Cornacchia, Magpie and Jay species together with the Taccola, Corvo, Domestic Pigeon, Collared Dove species is recurrent throughout the European Community.
STATES THAT USE THE DEROGATION FOR LETTER A (damage to agriculture, etc.)
• AUSTRIA
• BELGIUM
• CYPRUS
• CZECH REPUBLIC
• ESTONIA
• HUNGARY
• IRELAND
• ITALY (Starlings only)
• NETHERLANDS
• POLAND
• PORTUGAL
• SLOVAKIA
• SPAIN
• SWEDEN
• UK
STATES USING THE DEROGATION FOR LETTER B (for safety and public health)
• BELGIUM (Corvids, Magpie, Jay and Starling)
• DENMARK (Corvids and Wood pigeons)
• FINLAND (Corvids and Sparrow)
• GERMANY (Corvids and Sparrow)
• HUNGARY (Corvids and Sparrow)
• IRELAND (Corvids, Magpies, Starlings)
• ITALY (Domestic pigeon and Collared dove)
• LUXEMBOURG (Corvids)
• POLAND (Corvids and Starlings)
• SLOVAKIA (Corvids, Starlings, House pigeons)
• UNITED KINGDOM (Cancellation)
In both cases of derogation it is necessary to specify that each Member State has resorted to the use of firearms to apply the derogation regime. In many cases, especially for the exemption according to letter B, the practice of destroying nests, which we remember to be severely limited by Law 79/409 / EEC, has been accompanied by the use of firearms. Under no circumstances, as can be read in the 2008 Report, has the European Commission deemed it necessary to intercede through the formal notice and / or make an official warning about the use of firearms or for the destruction of the nests of the species in question. .
The writing Association therefore believes that it is very necessary to activate the procedural Iter for the Province of Perugia regarding the possibility of making withdrawals in derogation of the Cornacchia Grigia and Magpie species to prevent serious damage to agriculture, as has already been done for the Cancellation, in the period between 1st May and 31st August.
We also invite you to consider the real opportunity to add to the species mentioned above also the species Columba Livia (Domestic Pigeon) and Streptopelia decaoto (Collared Dove) which, like Corvids and Magpies, cause numerous damages to agriculture especially in the sowing period 1st February and 31st May.
In some Member States the species affected by the use of the Derogation were not included in the Annexes which indicate the fauna that can be hunted in the same State. However, the European Commission has not sent any observations as the Derogations are tools used in the presence of particular events whose use is motivated and governed by a specific protocol for which a possible request for inclusion of species subject to the derogation such as the Jackdaw, a species particularly abundant and constantly increasing, it would be possible.
Since in the request for derogation the Member State is obliged to respect precise parameters, among which the two main ones are the lack of alternative solutions and the indication of how many and which subjects are authorized to carry out the possible withdrawal in derogation, we can state: The practice currently in force in the Province of Perugia for the containment of Corvids through trapping has proved ineffective in order to restore the correct fauna balance;
The trapping carried out exclusively inside the public protection institutes does not allow the protection of the fauna outside the institutes themselves and above all does not allow the containment of the damage caused to agricultural land;
The quantity of active traps is insufficient for the intended purpose;
In the period of harvesting of hanging fruits, colonies of Corvids, combined with Starlings and Magpies, cause considerable damage to farmers;
The application of cannons or other deterrent elements have proved ineffective or only temporarily effective;
It is believed that for the aforementioned reasons there is the possibility to make the withdrawal request in derogation by letter B given the lack of alternative solutions.
In order to comply with the need to identify well-defined and adequately trained subjects regarding the completion of the Waiver within the time and in the manner permitted, the ANLC believes that the use of hunters who already currently operate in the territory is to be considered desirable.
The Club dello Storno is in fact authorized to operate outside the hunting period to contain the Starlings near orchards, vineyards and olive groves and has demonstrated its value in carrying out its task, despite the difficulties encountered due to the failure to use effective systems. to carry out in the best way and, therefore, make the derogation even more effective to prevent damage to agricultural crops.
In this regard, the perpetuation of ISPRA's denial of the use of any attractive system for the containment of harmful and harmful species for agricultural crops, the ANLC Wildlife Legislative Technical Office of the ANLC considers it necessary to inform the local administrations of how this technical choice by ISPRA is questionable.
The purpose of the exemption for letter A is to limit damage to agricultural crops through the use of even cruel systems such as the use of firearms and therefore to be able to kill the greatest number of fauna in the shortest possible time. In Directive 79/409 / EEC the prohibition on the use of attractants for the contemplation of harmful species is not mentioned in any way, also in the 2008 Report it is indicated that the annual use of the derogation itself is a symptom of a low impact on populations. interested.
It is therefore clear that the European Commission has raised the question of whether the choices made in Italy for containment, for example the Starling, are to be considered effective in terms of the methods and quantity of fauna that can be collected.
The Wildlife Legislative Technical Office of the ANLC believes that the need to intervene promptly, where farmers make a request for damage, must be carried out in the best possible way to prevent by any means provided for by the laws in force in order to eliminate in the shortest time possible cause of the damage. It is also recalled that the Ministry of the Environment in a circular stated that plastic molds, as inanimate objects, cannot be classified and considered recalls.
The use of merry-go-rounds and molds that reproduce the movement or appearance of the species covered by the derogation is also common in states such as England, Scotland, Ireland and France, particularly during the ripening period of some cereal and legume crops. To safeguard pea or rapeseed harvests, for example in the United Kingdom the removal of Wood pigeons is allowed even outside the hunting season thanks to the use of the exemption for letter A with the use of the rifle which is combined with the use of print shop or carousel. For Corvids in France the use of live jousting or laughing stock is allowed.
The ANLC remains available for discussion if the Administration deems it necessary to investigate any technical-regulatory aspect together with its delegate from the Wildlife Legislative Technical Office.
National Free Hunting Association