At the recent Conference of the Regions there was a discussion of hunting in derogation following the declarations of unconstitutionality of the Regional Laws by the Constitutional Court.
The Conference of the Regions of 20 December approved an Agenda relating to hunting and hunting in derogation. The position of the Regions refers in particular to a ruling by the Council which sanctioned the unconstitutionality of regional laws authorizing the taking in derogation of ungulates on snow-covered soils outside the Alps. In this sense, a limitation was found in the operations of the Regions with regard to the management of hunts in derogation and the containment of the damage caused by wildlife to agricultural and forestry activities.
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Agenda for hunting and hunting in derogation
The Regions and the Autonomous Provinces.
Considered:
- that the Supreme Court, with sentence no. 106 of April 16, 2012, sanctioned the unconstitutionality of regional laws that authorize, even in the face of specific and justified needs, the taking in derogation of ungulates on snow-covered soils outside the Alps;
- that this decision, together with the persistent situation of uncertainty that characterizes the national legislative and regulatory framework regarding hunting activities is causing a series of particularly significant problems that severely limit the operations of the Regions with regard to the management of hunts in derogation and the containment of damage caused by wildlife to agricultural and forestry activities;
Act given:
- that the Higher Institute for Environmental Protection and Research (ISPRA) has formalized various opinions on these specific issues that demonstrate, also on a scientific level and without prejudice to the need for constant monitoring of the state of the populations of numerous species of hunting interest present in our territory, the possibility of authorizing specific forms of withdrawal in derogation;
- that, with regard to the taking in derogation of ungulates on snow-covered ground, ISPRA highlighted, with its own opinion, the importance of extending this measure to areas currently excluded for the maintenance of an adequate population structure;
- that the guidelines adopted by ISPRA represent an important point of reference for the Regions that must adopt their own hunting calendars and for which it would be opportune and desirable to share already in the preparation phase;
They ask the government
a) the willingness to initiate a discussion with the competent Ministries in the field of hunting activities to define a regulatory framework that allows the current difficult phase to be overcome;
b) the rapid modification, to allow adequate protection of agricultural and forestry products throughout the national territory and on the basis of the motivated assessments of ISPRA, of the provisions of Law 157/92 - Article 21 "Prohibitions" - which, at the present time, limit the collection of ungulates only to the Regions of the Alpine arc, as follows: 1. (paragraph 1 letter m) selection hunting for ungulates, according to the provisions issued by the Regions concerned; 2. (newly introduced rule) it is forbidden to feed wild boars in an artificial way, except for operations of census, capturing and selective killing according to the provisions issued by the Regions;
c) to share the opportunity to update the guidelines prepared by ISPRA through an approval method that directly involves the State-Regions Conference.
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27 December 2012
Source: Greenreport