Hunting: Campania, the judicial diatribe regarding the entry of hunters with weapons into the Parco dei Monti Lattari ended; sanctioned hunter acquitted, park institution act not effective.
He was "pinched" with a rifle while he was at Monte Faito. Forest officers seized his firearm and reported him. An operation, the one "completed" last November, which was also greeted with enthusiasm by the WWF. "Illegal introduction of the weapon in a protected area" the accusation for the protagonist of the story, Ciro Manganaro, a lover of hunting from Vico Equense who, as soon as he was stopped by the agents, declared that he was aware of a sentence of the Council of State that allowed the exercise of hunting activities within the park of the Lattari Mountains.
Then the hunter could not convince the foresters, but three months later he was right. Because the PM of the Public Prosecutor's Office of Torre Annunziata holder of the case, Emilio Prisco, presented the request for archiving to the investigating judge. Reason? The Campania Region, establishing the Parco dei Monti Lattari, in September 2003, did not provide for a perimeter of the area. A provision necessary to comply with the framework law on hunting - the 157 of 1992 - which establishes for any "agro-forestry-pastoral" territory of each region, a quota of protection of wildlife which, depending on the case, varies from 20 to 30%.
Resounding flop which, therefore, allows you to hunt without any kind of restriction. This is a sensational story, destined to cause discussion. And not a little. Redetermining the boundaries of the park was primarily a task of the council chaired at the time by the governor Antonio Bassolino. But not even his successor, Stefano Caldoro, has filled the regulatory gap that allows hunters to be able to freely “operate” in the “protected” oasis.
A great success for the lawyers Roberto Lanzi and Giuseppe Senatore of Cava de 'Tirreni, to whom the hunter had turned for defense in the criminal proceedings who, immediately after the complaint, prepared a substantial defensive memory that "convinced" the PM Fusco to ask for archiving.
The lawyers "recalled" the maxi-appeal to the TAR of Campania, Salerno section, promoted by some hunters who, in January 2004, asked for the annulment of the regional council resolution 2777/2003 with which the Bassolino executive had established just the park of the Lattari Mountains. This request was based on the lack of publicity given to the procedure establishing the park and on the exceeding of the limit set by the rules for the protection of wildlife. The TAR of Salerno accepted the appeal, underlining that the applicants had succeeded in proving the violation of the limits established by law 157/92. In practice, irregular restrictions were set.
The Region appealed, attaching the request to suspend the sentence of the Tar. A way like any other to avoid the risk of serious damage on the eve of the reopening of the hunting season. The Council of State suspended the effectiveness of the first instance sentence: "At present, in a comparative framework of opposing interests, it seems that the public sector of environmental protection should be given priority" was written in the provision.
A few weeks later, the verdict came. The Council of State confirmed the sentence of the TAR which in practice had annulled the resolution of the regional council with which the park of the Lattari Mountains was established. In short, the protected area - in fact - does not exist so much as to allow hunters to be able to freely carry out the hunting activity.
Here comes the case of Manganaro. With the sentences of the Tar and the State Council, hunters no longer find any limits to the exercise of their activity within the perimeter of the park. Therefore, the ban on introducing weapons in this area has now also fallen. The resolution establishing the park is effective in all sectors except for hunting. This is why PM Prisco accepted the defense thesis of the two lawyers, Lanzi and Senatore. The investigating judge filed the procedure by arranging for the return of the rifle to its rightful owner.
"It is the first time that a criminal judge recognizes the legitimacy to hunt inside the park - explain the lawyers. Probably with this provision the final word is put to an end on a question that has been debated for years. The Council of State held that the hunting limitation deriving from the establishment of the park has infringed the rights of hunters, extremely limiting the territorial surface that they can use in the periods provided for by law, canceling the rule in this part ".
8 February 2013
Source: MetropolisWeb