Arci Caccia: for the Council of State the training of hunting dogs with shot is not to be considered as a hunting activity, therefore it can be exercised outside the time limits of the hunting regulations.
The training and training of dogs with the ability to shoot is not comparable to hunting with consequent subjection to the time limits provided for by the legislation in force. This is what was established by the Council of State Section VI in the courts with a sentence of 11 February 2013. The Council of State "observed that, in the system of provisions dictated by the law of 11 February 1992, n.157, the activity of training and training of dogs is the subject of specific and sectoral regulation with respect to the ordinary exercise of hunting as defined by Article 12 of the aforementioned law. The eighth paragraph of art. 10, entitled “Hunting faunal plans”, of the law n.157 / 1992 establishes, in fact, that the hunting faunal plans include, among other things, lett. e), "the areas and periods for the training, breeding and competitions of dogs including on natural wildlife or with the killing of farmed fauna belonging to huntable species, whose management can be entrusted to hunting associations or dog lovers or to individual or associated entrepreneurs ". This activity has a specialty relationship with respect to the genus of hunting in the broad sense, as defined by art. 12 l. cit ..
If the legislator had intended to assimilate tout court the activity of training the hunting of dogs to the ordinary hunting activity as regards the places and periods of exercise, nothing, indeed, would have disposed in this regard, having applied the general discipline on hunting collection. Otherwise, for specific legislative choice, the training of dogs can be the subject of special regulations, pursuant to article 10, paragraph 8, lett. e), already mentioned, with regard to the "zones" and "periods", with the consequence that the time span of the activity does not necessarily have to coincide, in cases of allowed shooting on farmed fauna belonging to huntable species, with those ordinarily established by art. 18 law n.157 of 1992 for the killing of animals belonging to wild fauna.
From another point of view, it was highlighted that the training and training activity of hunting dogs, on a conceptual level, is configured to be aimed at acquiring the skills and dexterity of said animals in the search and retrieval of game and arises, therefore, in a preparatory and functional function with respect to the periods assigned for hunting during the calendar year, in the context of which the previously acquired skills must find fruitful use. It is precisely the particular needs connected to the training of dogs that postulate a longer time exercise than is expected for normal hunting activities for wild species.
In addition to the territorial location in specific areas, the dog training activity, according to the aforementioned jurisprudence, is different from the ordinary hunting activity also for the object, which is identified by art. 10, paragraph 8, cit., With reference also to "breeding fauna belonging to huntable species", a concept that differs from that of "wild fauna" towards which the killing and capture acts are addressed which, pursuant to art. 12 law n. 157/1992, constitute the ordinary hunting exercise, subject to the time limits referred to in the following article 18.
In this case, the right to shoot is permitted only for specimens placed for the limited and exclusive purpose of allowing the exercise, in the areas intended for this purpose, of the activity taken into consideration by Article 10, paragraph eight, of the law. cited, which, as previously stated, is assumed by the law with a specialty character.
The provisions of art. 30, paragraph 4, of the Veneto regional law n. 50 of 1993 which refers to the activities that can be carried out within agri-tourism-hunting companies, while the contested provision of annex B of the resolution of the Provincial Council of Verona n. 25 of 2008 refers to the specific areas for dogs identified within the companies themselves ".
23 May 2013
Arch Hunting