Hunting: Senate, interrogation presented by Senator Aldo Di Biagio on some problems relating to hunting in Italy, "Rules, discipline, but freedom of hunting art".
In recent days, a question was discussed, signed by Senator Aldo Di Biagio, concerning some issues that affect the discipline of Italian hunting in the light of the opening of the EU Pilot procedure, case 6955 / ENVI, by the European Commission ; the intent is to find possible solutions, in concert with the other institutional bodies concerned, between the commitment of the Regions in the drafting of the Hunting Calendars according to sustainability criteria, reporting of data on the hunting collection of the last Seasons, fitness check of the European Directive "Birds" and more to avoid infringement procedures.
The Deputy Minister of Agricultural, Food and Forestry Policies, Andrea Olivero, explained the issues in question, answering the question even if after about a year., who explained how for some time the Ministry of Agriculture, Food and Forestry Policies has been committed to finding a solution to a series of problems relating to the sphere of application of Law 157/92 laying down rules for the protection of homeothermic wild fauna and for the hunting sampling. "In this perspective, - explained OLIVERO - in agreement with the Ministry of the Environment and the Protection of the Territory and the Sea, with the coordination of the Agricultural Policy Commission of the Conference of Regions and Autonomous Provinces, in April last year it was set up a discussion table with the task of examining the main criticalities of the hunting activity and sharing a legislative update proposal ".
In light of the recent opening of the EU Pilot procedure, the Table addressed the issue Venatori calendars precisely by virtue of the fact that the aforementioned procedure was opened due to an apparent contrast between the regional hunting calendars of 2014 and the European Directive 2009/147 / C "Birds". "In particular - stated OLIVERO -, in the absence of management / conservation plans, bird species in an unfavorable state of conservation would be hunted in Italy, while other species would be hunted during the pre-nuptial migration phase (that is, until January 31) , a period in which the return migration to the nesting areas would take place ".
Considering the need to provide suitable responses to the European Commission on the open EU Pilot procedure and to avoid an infringement procedure, the Table identified some issues on which it would be necessary to reach a common position; first of all, the commitment of the Regions to provide full reporting of data on the hunting sampling of the 2013/2014 Season and subsequently on the Season in progress, to improve the knowledge base and determine the influence of sampling methods on bird populations. It also emerged the need to report to the European Commission, as part of the process of fitness check of the Birds Directive, of the importance of a mechanism that allows greater flexibility in modifying the annexes of the Birds Directive and, likewise, of a coherent scheme for the whole of Europe of the start dates of the prenuptial migration and the end of the dependence of the young.
As regards the drafting of the Hunting Calendars, the commitment of the Regions to follow the sustainability criteria provided for by the Birds Directive is necessary, including the end dates of dependence of the young and the start of pre-nuptial migration, the state of conservation, implementation of management plans for species in poor conservation status, take measures to avoid confusion between similar species and disturbance to non-hunted species. A deviation of the Calendars from the ISPRA guidelines and the forwarding of requests for the modification of the key concept; ISPRA will take care of defining a program for the progressive production of management plans for all species in a bad state of conservation. Finally Olivero explained the reasons that led to theimposing the early closure of hunting for some migratory species for the Italian Regions precisely to avoid an infringement procedure by giving an appropriate response to the European Commission.
During the discussion in the Chamber, the petitioner intervened the question, Senator Aldo Di Biagio, "Mr. Deputy Minister, thank you for the contribution you have brought to this Chamber on a subject that is not very recurrent, but which - on the other hand - also seems affect a growing number of citizens who see non-negligible administrative and regulatory anomalies. The deed I filed dates back to just over a year ago. In the meantime, the operational scenario that determined it has certainly changed. On the other hand, the difficulties faced by hunters or subjects interested in hunting activities do not change when, for example, before an administrative appeal, the hunting calendar is suspended following the precautionary request made by the applicants ".
Continuing Di Biagio affirms, “Beyond the present case addressed in the act, what emerges are the criticalities that may arise in reference to the connection between national legislation and regional legislation, considering that the latter is the bearer of territorial peculiarities. Therefore, when legitimate specificities are recognized, these are prioritized with respect to the national regulatory scenario. It is precisely on this aspect, which is often not understood, that the appeals in this case are determined. We were faced with a regional legislation which, according to the appeal rejected, seems not to adhere - among other things - to certain observations of ISPRA. But as underlined by the sentence of the Lazio TAR, the Lazio Region considered it inappropriate to adhere to it by providing exhaustive arguments, precisely because of the evaluation of the territorial peculiarities ".
“Let it be clear, Minister, - Di Biagio affirmed - that with these reflections we do not intend to express a judgment on the exercise of certain activities, such as hunting, which can be shared or not. But we underline the need that, if these are exercised in a harmonious way and consistent with the dictates of the law, they deserve to always be protected, as well as guaranteed, especially when the sector operator has a specific right, legitimized and strengthened. from the payment of a specific regional tax for hunting ".
"A recently approved law in the Lazio Region could be framed as a good practice, such as the establishment of a regional structure, also composed of a scientific committee, whose work can avoid the application of any constraints, especially in terms of restrictions to hunting seasons. In order to protect the territorial specificity. An orientation that also provides for collaboration with the management committees of the Territorial Areas of Hunting. An approach which, in my opinion, - concluded Di Biagio - is in the right direction, and which could be a point of reference for legislative initiatives on the subject also on the national front. So, rules, discipline, but freedom of the hunting art ".
(April 17, 2015)
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