La Marche region has recently approved with DGR n. 669/2019 of June 3, 2019 the new Regulations for Compensation for Damage to Wildlife in implementation of the legislative amendment of December 2016, which had repealed the Regional Fund for compensation for damage to agricultural production, assigning this exclusive function to Territorial Areas of Hunting with the shares of its hunting members, without sharing it with them and the Regional Hunting Associations.
This Fund is provided for by national legislation a 157 / 92 law precisely to protect agricultural production and its disappearance, deliberately delegating this task to the ATC, Territorial Hunting Areas, that is to managed private associations in a voluntary way, which are supported thanks to membership fees that derive exclusively from individual hunters, jeopardizes the sustainability of the regional wildlife management system. In fact, also in the light of the Constitutional Court ruling 139 of 14 June 2017 which no longer allows hunters to participate in wildlife control operations, first of all the wild boar, the damage to crops is increasing throughout the Region, despite the fact that farmers, according to DGR 645 of 17/05/2018 and DGR 1969 of 8/11/2018, can practice "self-defense" or selective control including trapping or manhole covers.
Therefore we believe that the restoration of the Regional Fund for the payment of damages to agricultural production, as provided for in all Italian Regions, gives greater "guarantees" to the agricultural world, as the regional concession fees paid by the Marche hunters are amply sufficient for this purpose. While, the regulation for the compensation of damages approved in addition to being clearly in contrast with the Sentence of the Council of State n. 394/2019 turns out to be "inapplicable" in several parts: one above all that relating to the payment of damages after 90 days with related default interest and further penalties, will inevitably force the Ambiti to increase their registration fees, further penalizing the Marche hunters. The current situation sets the stage for an absolute lack of future guarantees for agricultural enterprises, which in a short time they will have no protection for their productions. At the same time, the prerequisites for the main purpose of the organs of the State, and therefore the Region, are no longer valid, namely the conservation and protection of the collective good that is wildlife.
It is therefore necessary that the entire system be put back on track, abolishing the legal anomalies that characterize today the management of fauna in the Marches. Only with adequate regulatory instruments and balanced economic and structural resources will it be possible to ensure a proper future for the conservation of the Fauna, will it be possible to guarantee the right solutions to the inevitable problems that fauna causes, as well as allow sustainable hunting, updated and worthy of the nobility it has proven to deserve. For these reasons we ask the Marche Region to withdraw this Regulation and contextual legislative amendment with the restoration and direct management of the Regional Fund as required by art. 26 of Law no. 157/92, failing that, we will collect all our components from the Management Committees of the Territorial Areas of Hunting.