The Campania Region with the introduction of the regional law n. 26 of 9 August 2012, amended by law no. 12 of 6 September 2013, in art. 9 c. 1 bis, textually ruled: "The Regional Council within six months from the date of entry into force of this provision, will redefine the boundaries of the areas intended for the protection of wild fauna of regional competence in order to comply with the criteria referred to in paragraph 1 ”, Which in turn provides that the protected territory must be:“ not less than twenty percent and not more than thirty percent of the total ”.
Time is running out ... for those who don't know how to manage it. The dreaded six months have passed and nothing has happened. The SVI, with the pride and patience of the shrewd predator, waited for the passage of time and on April 14th he proceeded to warn the Regional Council, the President of the Region and the Councilor for the branch to fulfill the legislative dictate, within and no later than thirty days. Penalty a formal complaint to the AG to verify whether this omission includes the details of the crime and of what gravity. It is almost useless to reiterate that the recovery of the territory will represent an opportunity not only for hunters but also for all those who live, manage and work the land (think of farmers, breeders, shepherds), whose activities, today, are compressed by hundreds of laces and straps that prevent him from freely carrying out his work, with heavy losses in economic, cultural and peasant traditions.
In this warning, the IVS has not limited itself to requesting the return of the territory, tout court, but has also "suggested" an adequate plan of action and recovery which consists of:
1) suppression or merger of the Naples ATC, as it has an inadequate and insufficient surface compared to the number of hunters residing there. In fact, for the 15.284 hunters it would be necessary, to respect the hunting density index, a territory equal to 290.770 hectares, while the current one is only 23.062 hectares, barely capable of satisfying the needs of 4.242 hunters;
2) downsizing of the contiguous area of ATC Salerno 2, which has become an exclusive hunting reserve of only 3.993 hunters for which a territory equal to 75.912 hectares would be sufficient, compared to the current 109.903 hectares, thus being able to recover, with this single operation, well It has 33.991 (territory enjoyed not only by hunters residing in the province of Salerno but also in other areas - think for example of Neapolitan hunters);
3) the immediate closure of useless and poorly managed factories, such as Regional Parks, Protected Areas and ZRC (many of which are built on territories unsuitable for the species they intend to reproduce or with areas of territory that are not in accordance with the provisions of the law).
At present, therefore, as much as 58,16% of the regional territory is inhibited from planned hunting in clear, evident and obvious contradiction with the provisions of the aforementioned law, which provides (they wrote it) a minimum of 20%. to a maximum of 30% of the territory. That public officials use the time we have, furthermore, wanted to grant them with the right care, because in thirty days they will have to get good lawyers.
If you are tired of passively suffering the oppression of the public administration and the inaction of the hunting associations, become an active part, choose your future and become part of our organization chart. Below is the complete text of the warning sent to the Campania Region by the Italian Hunting Union:
"Dear: CAMPANIA REGION
President of the Executive
Dr. Stefano Caldoro
Dear: CAMPANIA REGION
To the Regional Council of Campania
Dear Agriculture Department-
Rural Development Plan - Forests, Hunting and Fishing
Hon. Daniela Nugnes
Dear CTFVR
[email protected]
SUBJECT: Issuing of the 2014/2015 Hunting Calendar - Clarifications - Notice to comply.
Illustrious Presidents,
the undersigned attorney, Alberto Messina, has received a mandate from Mr. Mauro Panella, in the capacity of President and Legal Representative of the Association "Sindacato Venatorio Italiano" (SVI), to urge you to formally clarify what measures have been taken or intended to take to avoid that, even for the current year, there are violations of the legislative dictate on hunting and, specifically, with particular reference to the issuance of the 2014/2015 Hunting Calendar.
It is known, in fact, that a late issue of the Hunting Calendar has led, in the past, a series of consequences, for those who exercise the ars venandi, such as to make the exercise of this particularly onerous, if not impossible. activities.
Between appeals to the TAR, precautionary suspensions and management delays, the Campania hunters, after having diligently fulfilled their obligations, often found themselves (if not always) embroiled in a whirlwind of cumbersome impediments and complex prohibitions, of Kafkaesque memory, such to wear out the soul and will of the most firm of men.
In this perspective, vice versa, I would like to remind you that the same regional law of 9 August 2012 n. 26 as amended by Regional Law n. 12 of 6 September 2013 “Regulations for the protection of wild fauna and discipline of hunting in Campania”, published in BURC n. 42 of 9 September 2013, in art. 24 paragraph 1 states that: "The Regional Council, having consulted the ISPRA and the CTFVR referred to in Article 8, shall publish the regional calendar and the regulations relating to the entire hunting year by and no later than 15 June ..."
Never was it so clear !! The Region cannot but must "no later than June 15" provide for the issuing of the Hunting Calendar and the related Implementing Regulations. In compliance with the law, to give legal certainty to those who are required to comply with them and to avoid appeals made by art by those who, taking advantage of delayed emanations of the Hunting Calendar, exploit these shortcomings to promptly contact the TAR on 31 August (at the gates of the opening of the hunt) for the sole purpose of creating obstacles and discontent for those who, on the other hand, carry out the hunting activity with love and passion.As far as everything is reported, the writer, in faith with the mandate received,
He distrusts you
without further notice, to promptly and scrupulously fulfill the provisions of art. 24
paragraph 1 of the aforementioned law, without delay or delay. Otherwise, I will be forced to refer to the AG to verify if in your behavior there are any details of the crime and considering you, immediately, responsible for any moral and / or material damage or license suffered by the Campania hunters in the 2014 hunting year / 2015.
Regards
Alberto Messina lawyer
Purpose: to fulfill the provisions of art. 9 paragraph 1bis) of the Regional Law n. 12 of 6 September 2013 amendments to the Regional Law 9 August 2012, n. 26 (Regulations for the Protection of the Wild Fauna and Discipline of the Hunting Activity in Campania) BURC n. 42 of 9 September 2013.
The undersigned attorney has received assignment from Messrs. Carmine Sanzari and Mauro Panella respectively Coordinator Prov. Di Benevento and President of the Italian Hunting Union Association, based in Quanrto di Napoli at via Pantaleo n. 99 CF96029660634 in order to ask you to comply with the provisions of art. 9 paragraph 1bis) of the Regional Law n. 12 of 6 September 2013 amendments to the Regional Law 9 August 2012, n. 26 (Regulations for the Protection of the Wild Fauna and Discipline of the Hunting Activity in Campania) BURC n. 42 of 9 September 2013.
WHEREAS
that the aforementioned paragraph of art. 9 verbatim states: 1bis) Within six months from the date of entry into force of this provision, the Regional Council will redefine the boundaries of the areas intended for the protection of wild fauna of regional competence, in order to comply with the criteria referred to in paragraph 1 and to rebalance the distribution of the same over the entire regional territory. Paragraph 1 letter a) provides verbatim: a) the destination of a share of regional agro-forestry-pastoral territory, not less than twenty percent and not more than thirty percent of the total for the protection of wildlife. This percentage includes territories where hunting is in any case prohibited, also due to other laws or provisions;
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VISA
that art. 10 paragraph 5 letter b) of the Regional Law n. 12/2013 - Rules For The Protection Of The Wild Fauna And Discipline Of The Hunting Activity In Campania reads verbatim:
b) for the identification, in compliance with the minimum hunting density index identified by the Ministry for Agricultural, Food and Forestry Policies, of the minimum number of hunters admissible in each ATC in order to guarantee hunting residency at least to all Campania hunters;
CONSIDERED
that the current PFVR 2013-2023 guideline and coordination act for PFVP published in BURC n 42 of 1 August 2013 highlighted critical issues with regard to the hunting density of some ATCs which in fact for some of them showed an excess deviation o lack of the minimum density index set by Ministerial Decree of 30 January 1993 which must instead guarantee all Campanian hunters the right to practice hunting in their own area of belonging;
that according to art. 10 paragraph 2 of the Regional Law n. 12/2013 - Rules for the protection of wild fauna and discipline of hunting activity In Campania, the Provinces within 12 months of the approval of the PFVR prepare, modify or confirm their hunting wildlife plans, divided into homogeneous areas and based on constant activities survey and census,
subject to the opinion of the respective CTFVP Provincial Wildlife Hunting Technical Committees;
FOUND
that at present the programmed management territory of the hunting areas AV, BN, CE, NA, SA1 including SA2 Contiguous Areas, some do not guarantee according to the parameters of the law to all Campanian hunters to take advantage of the right to pursue hunting in the own area of residence according to the minimum density index set by Ministerial Decree of 30 January 1993 and therefore it is necessary to redetermine these areas under programmed management in order to ensure greater dimensional and territorial uniformity of these areas, as well as a more balanced relationship between surface and hunter
resident in them in order to determine for each ATC an index consistent with the Ministerial Decree of January 30, 1993 and thus guarantee the right to practice hunting in their area of residence;
that at present only the ATCs of BN and AV are suitable which satisfy not only the resident hunters but also the applicants, while the other CE, NA, SA1 do not guarantee the right to hunting as per law, and also the contiguous area of the ATC SA2 is not balanced with respect to the hunter / territory ratio whose criticality lies in oversizing and is therefore incompatible according to the excess hunting density index;
FOR THESE REASONS EXPOSED IT IS OBSERVED
that the planned management area of the Naples ATC has an inadequate and insufficient surface compared to the number of hunters resident in it of 15.284, being able to host only 4.242 in stark contrast to the minimum index set by the Ministry. For these reasons, the ATC NA must be extended, suppressed and / or merged, in order to also comply with art. 10 paragraph 5 letter b) of the Regional Law n. 12/2013 - Rules for the protection of wild fauna and discipline of hunting activities in Campania;
that the contiguous area of ATC SA2 should be appropriately reduced since it is in excess only for resident hunters who are 3.993 in number and who among other things have the exclusive right to exercise controlled hunting and the perimeter the contiguous area in the territory exceeds the minimum hunting density index set by the Ministry;
INDICATION OF REASONS
The immediate application of art. 9 paragraph 1bis) Law 12/2013 (Rules For The Protection Of The Wild Fauna And Discipline Of The Hunting Activity In Campania) and the solutions to be adopted in defense of the rights of hunters are specifically listed below in our opinion:
1) that pursuant to the Ministerial Decree of 30 January 1993 the application of the minimum hunting density index of 0,0526 hunters / ha is essential to redetermine the areas under programmed management in order to ensure greater dimensional and territorial uniformity of these areas in order to guarantee the right to hunting activities according to the planned management area;
2) that the NA ATC should be expanded, suppressed and / or merged since from the data obtained from the current PFVR it does not meet the needs of the hunters resident there since the area under programmed management is insufficient, in fact the number of resident hunters is 15.284 which compared to the minimum hunting density index set by the aforementioned DM it needs to be congruent of Ha 290.770 while the current one is only Ha 23.062 therefore not guaranteeing the hunting residence as per law and in default with the minimum guaranteed index;
3) that the contiguous area of ATC SA2 is significantly higher than that actually necessary to meet the needs of controlled hunting reserved only for residents according to law 394/92 art. 32 paragraph 3) and must necessarily be reduced, this can be demonstrated as only Ha 75.912,55 are sufficient:
a) n. resident hunters (data taken from the PFVR) 3.993 / 0,0526 (Ministerial index) = 75.912,55 ha, this would entail a first recovery of territory for the hunters of the neighboring area ATC SA1 (current sup. 109.904,00 - sup. necessary 75.912,55) equal to Ha 33.991,45 which added to the current one would reach Ha 117.557,45 but not yet sufficient since it exceeds the minimum index that to respect it must be assigned to the ATC SA1 still further Ha 30.266,24 which go certainly sought in the surrounding areas now inhibited to hunting such as parks, and then we would ultimately have a congruent ATC;
b) with a planned management area which must necessarily be 147.823,69 hectares which multiplied by the minimum index of 0,0526 gives us the number of resident hunters of 7.775,00 (figure taken from the current PFVR);
4) that the current sum of the area under programmed management of all ATCs is significantly lower or in excess for some of them ATCs compared to that which should guarantee all hunters the right to hunt in their area of residence, the whose correct area under programmed management at the regional level should be 859.961,97 Ha, while the current one under programmed management is equal to only 574.262,00 Ha and being the number of hunters resident in the Campania Region of 45.234,00 (data taken from the current PFVR) should be precisely of Ha 859.961,97 and would thus give a respectful and congruent index with that indicated by the Ministerial Decree of 30 January 2009, i.e. coinciding with 0,0526 hunter / ha today abundantly breached by some ATC NA, SA1 and SA2 contiguous areas .
PROJECTED IMPACT
From the above examination, it is clear that the minimum hunting density index to be applied for each ATC in Campania (cf. function of both residents as well as applicants.
At present, the area under programmed management in relation to the TASP undergoes a percentage inhibited from hunting of 58,16% clearly higher in violation of Law 157/92, while to fall within the parameters of Law 157/92 art. 10 paragraph 3 made by the amendment of the former law n. 8/96 amended with Regional Law n. 26/2012 as well as amended with Regional Law no. 12/2013 the TASP must be no less than 20% and no more than 30%.
Therefore, a percentage of 33,22% must be returned to the hunt planned to satisfy and respect the Ministerial index for each ATC to guarantee hunting for all Campania hunters as demonstrated above:
Current Territory with Scheduled Management Ha 574.262 x 0,0526 = n. hunters 30.206,181 clearly lower than the real number of 45.234,00 to guarantee hunting in their own hunting area as per law;
Territory Necessary for Scheduled Management n. hunters 45.234,00 / 0,0526 = 859.961,97 ha;
Percentage of TASP to reopen by drawing from (protected areas, Oasis, ZRC, AFV, ZAC etc) for which: Necessary Management Area Ha 859.961,97-Current Ha 574.262,00 = Ha 285.699,97 corresponding to 33,22% and therefore it would remain TASP including the areas closed to hunting given by the following operation 58,16-33,22 = 24,94% in respect of the limit that goes from 20% and not more than 30% as required by both Law 157/92 that art. 9 paragraph 1bis) of the Regional Law n. 12/2013.
For all of the above
WE INVITE AND BEWARE
without further notice, to promptly and scrupulously fulfill the application of art. 30 paragraph 9bis) of the current Regional Law n. 1/12 (Regulations for the Protection of the Wild Fauna and Discipline of the Hunting Activity in Campania) BURC n. 2013 of 42 September 9, without delay or delay. Otherwise, I will be forced, in accordance with the mandate received, to refer to the competent judicial authority to verify if in your behavior there are any details of the crime and considering you, immediately, responsible for any moral and / or material damage that could result to the Campania hunters from the non-fulfillment in question.
Regards
Alberto Messina lawyer
"
Press office
Italian Hunting Union
(April 26, 2014)
