Hunting: Sardinia, the Hunting Season seems to be strongly at risk after the suspension of the Hunting Calendar by the Tar; tomorrow CFR meeting to find a solution.
The environmentalists of the League for the Abolition of Hunting (Lac), Victims of Hunting Association, Earth have, in fact, marked the first point against the hunting calendar prepared by the Regional Wildlife Committee and challenged before the administrative judges. The TAR, with an order, accepted the precautionary request of the environmentalists, suspending the effectiveness of the calendar and setting the hearing on the merits for next March 19, when the hunting season is almost over. Now, to allow hunting on the island, the Regional Councilor for the Environment, Andrea Biancareddu, will have to reconvene the Wildlife Committee which will have to launch the new calendar in record time. The road, however, is all uphill because one of the reasons for the appeal of the environmentalists is the lack of the opinion of Ispra (Higher Institute for Environmental Protection and Research) and it is also what convinced the judges to grant the suspension. According to the environmentalists, the Committee, therefore, will have to ask the Institute for Environmental Protection for this opinion and only subsequently produce a new hunting calendar, otherwise there could be new appeals. “This fact was also reported by us during the meetings of the Wildlife Committee - explains Stefano Deliperi, delegate for Lac - Now we are waiting to understand what the Region will do, but there are technical times that must be respected. In the meantime, this decision by the TAR is yet another confirmation that the environmental policy in Sardinia is negative ”.
In addition to the lack of Ispra's opinion, the appeal also criticizes the absence of a wildlife-hunting plan and the environmental impact assessment procedure regarding hunting activities in areas classified as Sites of Community Importance (Sic) and / o Special protection areas (SPAs). THE MEETING - The regional wildlife committee has been convened for tomorrow at 15 pm at the headquarters of the Department of the Environment. On the agenda the communications of the president, the commissioner Andrea Biancareddu. According to what has been learned, the regional offices have asked for the opinion of Ispra whose lack caused the decision of the administrative judges, putting at risk the opening of the season scheduled for Sunday 22.
The opinion should arrive later this week, then before Sunday. Without the new calendar, supported by the mandatory opinion of the Institute for Environmental Protection, in fact, it will not be possible to give the green light to shotguns. Even the TAR, in accepting the precautionary request for suspension of the provision, deemed it necessary to obtain this opinion.
Below we publish the text of the Ordinance n.303 / 2013 of the Sardinian Tar concerning the suspension of the regional hunting calendar:
"
N. 00303/2013 REG. PROV.CAU.
N. 00659/2013 REG. REC.
ITALIAN REPUBLIC
The Regional Administrative Court for Sardinia
(Second Section)
pronounced the present
ORDER
on the appeal number of general register 659 of 2013, proposed by: Lac - League for the Abolition of Hunting, Victims of Hunting Association, Earth, represented and defended by the lawyer. Massimo Rizzato, with an address for service at Rosalia Pacifico in Cagliari, via Cervi n. 16;
against
Autonomous Region of Sardinia, represented and defended by the lawyers Giovanni Parisi and Sonia Sau, of the legal office of the body at whose headquarters in Cagliari, viale Trento, n. 69, is electively domiciled;
towards
Free Sardinian Association of Hunting, represented and defended by the lawyer. Alberto Onorato, with an address for service at Alberto Onorato in Cagliari, via Tuveri n. 84;
and with the intervention of
ad opposendum: Italian Federation of Hunting, represented and defended by the lawyer. Alberto Onorato, with an address for service at Alberto Onorato in Cagliari, via Tuveri n. 84;
for cancellation
after suspension of effectiveness,
- the decree of the Environmental Defense Department no. 19 of 4.7.2013 and Annex 1 (constituting the 2013/2014 Hunting Calendar).
Given the appeal and its annexes;
Given the acts of appearance in court of the Autonomous Region of Sardinia and the Free Sardinian Association of Hunting;
Given the act of intervention of the Italian Federation of Hunting;
Having regard to the request for suspension of the execution of the contested provision, presented incidentally by the appellant;
Given the art. 55 cod. proc. amm .;
Having seen all the acts of the case;
Withholding its own jurisdiction and competence;
Speaker in the council chamber on 17 September 2013, Dr. Alessandro Maggio and hearing the defendants for the parties as specified in the minutes.
Considered:
that art. 18, paragraph 4, of Law 157/1992, where it prescribes that the hunting calendar be issued after hearing the INFS (now ISPRA), constitutes a fundamental rule of economic and social reform (see Constitutional Court No. 227/2003 and 4 / 2000);
that as such the provision is also imposed on Regions with special autonomy;
that the contested hunting calendar was adopted without acquiring the opinion of ISPRA.
PQM
The Regional Administrative Court for Sardinia (Second Section)
He accepts the proposed precautionary request and as a result suspends the contested hunting calendar.
The public hearing of 19/3/2014 is set for the discussion of the merits of the appeal.
Compensates the costs of this precautionary phase.
This ordinance will be executed by the Administration and is filed with the court secretariat which will notify the parties.
So decided in Cagliari in the council chamber on 17 September 2013 with the intervention of the magistrates:
Alessandro Maggio, President, Writer
Tito Aru, Councilor
Giorgio Manca, Director
THE PRESIDENT, EXTENDER
N. 00659/2013 REG.RIC. Page 3 of 4
https://intranet.ga/DocumentiGA/Cagliari/Sezione%202/2013/20130065… 18/09/2013
DEPOSITED IN THE SECRETARIAT
17/09/2013
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
"
18 September 2013
Source: UnioneSarda