Hunting and Regulations: ANUU Migratoristi takes stock, providing some regulatory clarifications on the stalking from hunting and the use of live calls, in particular the use of laughing stock.
Stand-by for the wood pigeon hunting. “The on-site maintenance of the artifacts after the closure of the hunting season (provided that, of course, for a reasonably limited time) does not in itself lead to the loss of the temporary nature of the stalking "; - no rule prescribes that the consent to the installation of the boxes by the owner of the fund "must be provided with an act in written form, resulting ... even simple verbal assent is sufficient"; - the circumstance that these structures are used as shelters for the equipment necessary for the arboreal conservation of the forest "can be considered suitable for proving the use of the stages (also) as a function of agro-forestry-pastoral activity". Following the decision, the further sanctions that the Municipality of Garlenda reserved to impose cannot be adopted, considering that these boxes would have been built in the absence of landscape authorization (TAR Liguria, Section I, Pres. Santo Balba, rel. Richard Goso - lawyer Andrea Mozzati and Pietro Balletti of Genoa - judgment no. 428/2015 - 381/2014 RG hearing 26.03.2015 - dep. 30.04.2015).
The use of the laughing stock. A recent sentence of the Court of Cassation (n. 950/2015 - III Criminal Section) states that "in hunting, the use of the bird is lawful only when the animal is regularly harnessed and the fauna is not subjected to violent tugging. , but we limit ourselves to pulling it as much as necessary to make the animal fly up and to accommodate the return to the starting point, without inflicting damage on it ".
On this point since 09.06.1995 the Lombardy Region, with its own circular from the Department of Agriculture, Hunting and Fishing - prof. Michele Corti, had specified as follows: "The use of the regularly harnessed laughing stock, positioned on dry ground, can therefore be considered in compliance with the current provisions (obviously this situation will be very different if a German duck is used in the body of water in front of the hunting lodge), equipped with feed with a special drinking trough. Finally, it should be remembered that the laughing stock must not be subjected to jerking by means of the wire moved at a distance from the post, limiting the traction action to a contained movement of stimulus for fluttering. "
Recently the Judge Dr. Angela Scalise at the Court of Lodi on 28.06.2013 (et plurimis) had ruled "as long as there is no tugging of the bird that acts as a call, and this action is fully permitted (see Regional Circular Lombardy Agriculture and Forestry Sector of 9 June 1995). However, no certain evidence emerged from the investigation that the accused had tugged (such as to integrate the crime of mistreatment) to make the lark fly; that, in the present case, no use of the illicit laughingstock has been ascertained and, therefore, the accused Sonzogni Walter must be acquitted of the crimes ascribed to him (mistreatment and hunting with prohibited means) for non-existence of the fact. "
Therefore, it will be important - as has always been highlighted - to assess the actual state of health of the birds used as the user turns out to be, beyond other elements aimed at excluding hypotheses of maltreatment, the real subject operating between the discrimination of use lawful and any ill-treatment carried out.
(June 12, 2015)
ANUU Migrators