Hunting: Veneto, the Tar has suspended the pre-opening days of the 2014-2015 Hunting Season for the Tortora species with its own decree.
The Federcaccia Veneto informs that with decree n.449 filed yesterday, Thursday 28 August, the Veneto Regional Administrative Court accepted the request made by the Victims of Hunting Association against the regional hunting calendar in the part relating to the five days of pre-opening for turtledove and to the daily game bag of the same. Below we publish the full text of decree n.449 of the Veneto Tar
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N. 00449/2014 REG. PROV.CAU.
N. 01155/2014 REG. REC.
ITALIAN REPUBLIC
Regional Administrative Court for Veneto
(Section One)
The President
pronounced the present
DECREE
on the appeal number of the general register 1155 of 2014, proposed by: Associazione Vittime della Caccia, in the person of the legal representative pro tempore, represented and defended by the lawyer. Massimo Rizzato, with an address for service at the TAR Secretariat, pursuant to art. 25 of Legislative Decree no. 104/2010;
against
the Veneto Region, in the person of the President of the pro tempore Regional Council, represented and defended by law by Avv. Emanuele Mio, Cristina Zampieri, Ezio Zanon, domiciled at the headquarters of the institution in Venice, Cannaregio, 23;
towards
Italian Hunting Federation;
for cancellation
after suspension of the effectiveness, of the resolution of the Council of the Veneto Region n. 1074 of 24 June 2014 limited to art. 1 and 9 annex B as regards the period and the game bag relating to the pre-opening hunting of the turtle dove.
Given the appeal and its annexes;
Having regard to the application for single precautionary measures proposed by the applicant, pursuant to art. 56 cod. proc. amm .;
Detected as the subject of the unheard-of precautionary request, it alters both the regional hunting calendar in the only part in which it allows the pre-opening of the turtle dove hunting for 5 days (1, 6, 7, 13 and 14 September 2014), instead of for a maximum of 3 days, and in which it indicates a daily game bag of 10 heads, instead of 5 heads at most;
It was found that the first council chamber useful for the collegial discussion of the precautionary incident, taking into account the notifications of the appeal to the counterparties, is scheduled for 2 October 2014 and, therefore, the requirement of the case of extreme gravity and urgency such as not to allow waiting for the council chamber, it exists for all the aforementioned pre-opening days;
As regards the requirement of the fumus boni iuris, it has been noted that the pre-opening intervenes during the second extension of the wildlife hunting plan expired in 2012 and that the presumed opinion filed by ISPRA allows hunting in the period in question only within the limit of 3 days and with a maximum daily game bag of 5 animals, in consideration of the "conservation status of the species";
Detected - always prima facie and after informally hearing the constituted parties - how the contested hunting calendar in part contrasts with the opinion of the ISPRA where it indicates the maximum number of pre-opening days and the daily game bag relating to the turtledove species, having the Region increased the days from 3 to 5 and the game bag from 5 to 10;
It has been found that the Region reasons for this decision by saying that "it does not substantially differ from the indications provided by the I.SPRA", while the jurisprudence is peaceful in the sense that a timely and adequate refutation is needed that enters into the merits of the opinion of the competent technical body, with reference to the situation of the species concerned in the relevant region;
therefore noted that the suspension must be accepted, the contested hunting calendar being partially suspended here;
Also noted, incidenter tantum, how the Region can, in compliance, restate itself in accordance with the ISPRA opinion or otherwise, as long as with adequate, complete and documented technical motivation.
PQM
It accepts, in the terms described above, the suspension. The council chamber of 2 October 2014, 9.00 am, is fixed for the collegial discussion.
This decree will be executed by the Administration and is deposited with the Secretariat of the Court which will notify the parties.
So decided in Venice on August 28, 2014.
The President
Joseph DiNunzio
DEPOSITED IN THE SECRETARIAT
28/08/2014
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
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(30 August 2014)
Hunting Federation