A long awaited sentence
This morning the TAR of Umbria issued the Ordinance of rejection of the request for suspension of the regional hunting calendar advanced by extreme environmentalist, anti-hunt and animal welfare associations.
“At this point the word passes to the Region - commented Federcaccia Umbra - which with our council will modify the last resolution. Soon all hunting in Umbria will reopen ”.
Below is the text of the Ordinance: Considering, upon a summary examination of the present phase of the trial and any other evaluation reserved, that it is not possible to accept the precautionary petition of the appellant referring to the date of the opening of the hunting season, considered, in point of fumus boni iuris, which:
- the conformity of the hunting opening date indicated in the burdened regional provisions with respect to the first paragraph of art. 18 of Law 157 of 1992;
- the opinion given by ISPRA, as peacefully recognized by the parties, is mandatory but not binding, from which the Region can depart by adequately motivating the different choices made (ex multis CdS, section III, 22 June 2018 no. 3852; TAR Umbria, May 26, 2022 n.341), the reasons that appear to a first examination emerge from the preliminary document attached to the burdened DGR August 5, 2022, n. 815;
- the allegations of the plaintiff about the failure to take into account the effects of the drought phenomena of the months just passed and the phenomenon of fires on wildlife do not appear prima facie adequately supported by data relating to the incidence of these non-deniable phenomena on huntable species with respect to which the opening date of the hunting season is contested;
Other considerations
Considering, also, with regard to compliance with the provisions of paragraph 1 bis of art. 18 ln 157 of 1992, which is not contested by the appellant the statement contained in the aforementioned preliminary document that "the species object of hunting that nest in Umbria are all outside the reproductive period, (which also includes parental care) . Of those indicated in the ISPRA opinion: Mallard end of period KC III decade of August, Gray partridge (III decade of September), Pheasant and Quail (II decade of September) for which 18 September is the final phase of the last decade of reproduction. Therefore, only these three species would be hunted for a single day (the last), compared to an entire decade permitted by the EU Hunting Guide, and considered faculty of the regions by ISPRA and MITE "; and highlighted, moreover, that due to the precautionary decree no. 119 of 2022, the start of the hunting season was suspended on 18 September this year;
The decision of the TAR
Considering that, in balancing the opposing interests, it is advisable to set for the discussion on the merits of the public hearing of 22 November 2022, so as to allow a timely analysis of the issues relating to the closing date of the hunting season for the individual huntable species, the complexity of which does not allow a complete examination in the precautionary office;
Having recognized the existence of just reasons to arrange the compensation between the parties of the costs of this trial phase.
PQM
Il Regional Administrative Court for Umbria (Section One) rejects the proposed interim application (source: Hunting Federation).