Hunting in derogation. The Lombardy Region intends to activate, for the 2016/2017 hunting season, the procedures to authorize the collection of specimens of the species Fringuello, Peppola and Storno, making use of the waiver option provided for by the 'Birds Directive'. The regional councilor for agriculture Gianni Fava had explained this in a communication to the council last April.
DAMAGE TO CROPS - “The application for authorization to collect the canceled it also derives from the need to limit the loss of quality agricultural production - explained the commissioner Fava -. Between 2008 and 2015, in Lombardy, damage to crops caused by the species was ascertained for 643.573 euros. In 2015 alone, the damages reported by the Lombard provinces most affected amounted to 68.280 euros. In the areas where the greatest concentration of damage was recorded there are significant high quality productions, such as specialized vineyards for the production of DOC and DOCG wines and apple orchards ".
APPLE TREE AND VINES - The most damaged crops are the wine and fruit crops (apple trees), with a concentration of damage in the period of fruit ripening, a period in which the starling population is more numerous and in which the plants are more susceptible to damage. Further damage has been verified on other crop types such as corn, sunflower and horticultural (tomatoes). "The request to authorize the hunting of specimens of the species Fringuello, Peppola, as well as of the Starling - added the commissioner - aims to satisfy the requests made by the regional hunting associations on the occasion of the 'Dillo alla Lombardia' event on March 27 last".
WITHDRAWAL PERIODS - For the Chaffinch species it is expected to authorize the collection only for the period between 1 October and 31 October 2016; for Peppola in the period between 15 October and 13 November and for the Storno in the period between 18 September and 23 October 2016.
WHAT THE LAW SAYS - Article 19bis of the law n.11 of 1992 February 157 ('Rules for the protection of homeothermic wildlife and hunting'), which establishes the powers and methods of authorization of the exceptions pursuant to art. 9 of the Birds Directive, delegates to the regions the right to authorize these exceptions, in compliance with national and community legislation, and provides that the intention to adopt derogation measures concerning migratory species must be communicated, by April, to the Istituto Superiore. for Environmental Protection and Research (Ispra), for the issuance of the mandatory opinion.
The procedure provides for the request for the opinion of ISPRA, Higher Institute for Environmental Protection and Research, regarding the possibility of allowing hunting in derogation; once again Ispra expresses an unfavorable opinion on hunting for the species in question, in derogation from the European directive pursuant to article 9, paragraph 1, letter c of Directive 2009/147 / EC.
Hard the comment of Federcaccia Brescia, “Not that we did not expect a response in this sense to the request sent by the Lombardy Region in accordance with the provisions of art. 19bis of law 157, but we expected something different ”.
Continuing, we read in Federcaccia's note, “If it is true that Ispra is a technical institute that provides technical advice to the institutions and if it is true that art. 19bis obliges to have the favorable ISPRA opinion to implement the levy in derogation, it is equally true that what has arrived on the table of the commissioner Fava is a legal and juridical interpretation of the Community law and not a technical opinion! "
“ISPRA must give technical opinions, tell the Lombardy Region if the populations of starlings, finches and brambles can be subjected to hunting to protect traditional hunts, but not to give legal interpretations. And it is offensive for Federcaccia Brescia to read: "... this Institute believes that there are alternative solutions to hunting for finch and brambling starlings and therefore the first necessary condition to implement the derogation is lost".
“And what would these alternative solutions be, out of our curiosity? Perhaps the fact that thrush, blackbird, sassello or cesena can already be taken from the shed? We do not say heresies. Federcaccia Brescia maintains the belief that the Lombardy Region must in any case make a resolution, have it challenged by a judge and ask for the intervention of the Court of Justice. Once and for all, the question of exceptions must be resolved in a serious and definitive way ".
(June 14, 2016)
Source: LombardiaNotizie - Federcaccia Brescia