Hunting: Sicily, the request for suspension of hunting in the islands of Salina and Pantelleria rejected by the TAR.
New victory at the TAR: hunting in the islands of Salina and Pantelleria is safe. ASCN is pleased to announce that the TAR of Palermo, with the order n.00744 of 29/10/2014, has also rejected the request for suspension of the hunting activity in the islands of Salina and Pantelleria, whose hunters will now be able to sleep soundly. rest assured.
After having dealt with his lawyer, Avv. Nunziello Anastasi, a further fundamental contribution in defense of hunting to repel even the latest attack on the calendar, ASCN hopes that these successes will give way to a new confrontation between the hunting world and the regional administration, in order to resolve, definitively , the residual criticalities that generated this year's dispute.
Below is the Ordinance of the TAR Sicily n.00744 / 2014 of 29.10.2014:
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N. 00744/2014 REG. PROV.CAU.
N. 02291/2014 REG. REC.
ITALIAN REPUBLIC
The Regional Administrative Court for Sicily
(Section One)
pronounced the present
ORDER
on the appeal number of the general register 2291 of 2014, supplemented by additional reasons, proposed by Legambiente, Sicilian Regional Committee Onlus, represented and defended by the lawyer. Antonella Bonanno and Nicola Giudice, with an address for service at Nicola Giudice in Palermo, via M. D'Azeglio n.27 / C;
against
Department of Agriculture, Rural Development and Mediterranean Fishing of the Sicilian Region, Regional Land and Environment Department, represented and defended by law by the District Attorney of the State of Palermo, domiciled ope legis in Palermo, via A. De Gasperi n. 81;
towards
Hunting and Nature Association, represented and defended by the lawyer. Nunziello Anastasi, with an address for service at the Tar Secretariat in Palermo, via Butera n. 6; for cancellation upon suspension of efficacy,
1 - of the DA n. 45 / gab of 13 June 2014 and related annexes "A" and "B" which are an integral part of the same decree, concerning the "2014/2015 Hunting Calendar", with which the Councilor for Agriculture, Rural Development and of the Mediterranean Fishing of the Sicilian Region has regulated the hunting activity for the next season, with pre-opening from 1 September 2014;
2 - of the DD.AA. a. 46 / gab, 47 / gab, 48 / gab, 49 / gab, 50 / gab, 51 / gab, 52 / gab, 53 / gab and 54 / gab, all issued on 13 June 2014 together with the hunting calendar, with such as the Councilor for Agriculture, Rural Development and Mediterranean Fishing of the Sicilian Region authorized the exercise of the hunting activity in the Natura 2000 sites respectively provided therein, without the prior and mandatory acquisition of the ISPRA opinion, in violation of art . 18, paragraphs 1 and 4, of the L. reg. sic. n. 33/1997 and subsequent amendments;
3 - of the DA n. 70 / gab / 2014 of 6 August 2014 concerning "Changes to the hunting calendar 2014/2015", with which the Councilor for Agriculture, Rural Development and Mediterranean Fishing of the Sicilian Region, amending its previous DA n . 45 / gab, has ordered, on the one hand, the registration of the number of migratory game heads in the regional card at the end of the hunting day, and, on the other hand, has extended the pre-opening regime of the hunting season also to the species " Colombaccio ”, providing for an early withdrawal of three weeks (on days 1-6-7-13-14-20 September 2014);
Having regard to the appeal, the additional reasons and related annexes;
Given the acts of appearance in court of the Department of Agriculture, Rural Development and Mediterranean Fishing of the Sicilian Region, the Regional Land and Environment Department and the Hunting and Nature Association;
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 29 October 2014, Dr. Luca Lamberti and hearing the defendants for the parties as specified in the minutes;
Considering, with the summary nature of the phase, that the documents most recently produced by the Administration, in particular the ISPRA opinion, deprive the complaints carried out in an appeal of prospective validity, also in light of the limitations with which the hunting of wild rabbit was allowed in the islands of Salina and Pantelleria by the decrees subject to precautionary petition.
Considered to be able to compensate the costs of litigation, also in consideration of the fact that the State Attorney has not made written defenses.
PQM
The Regional Administrative Court for Sicily (First Section)
Rejects the precautionary request.
Compensated expenses.
This ordinance will be executed by the Administration and is filed with the court secretariat which will notify the parties.
So decided in Palermo in the council chamber on 29 October 2014 with the intervention of the magistrates:
Caterina Criscenti, President of the FF
Federica Cabrini, Director
Luca Lamberti, Referendary, Writer
THE EXTENDER THE PRESIDENT
DEPOSITED IN THE SECRETARIAT
29/10/2014
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
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The ASCN President