La FACE has persistently promoted the value of sustainable hunting as a management tool for i large carnivores in Europe. Despite some positions calling for total protection, which involves conflicts at the local level, consideration for sustainable hunting and its role in improve coexistence was supported by the Opinion of the Attorney General of the European Court of Justice. Specifically, the Opinion gives way to authorizations for hunting wolves in derogation for population management reasons that require certain and restrictive criteria set by European legislation to be respected.
The Opinion is not binding but it is generally followed by the Court. The case brought before the Court concerns a number of applications from the Finnish Supreme Administrative Court. The central question is whether Finland can waive the strict protection provisions to allow an authorized hunt for wolves pursuant to Article 16.1.e of the EU Habitats Directive. Among other things, Finland argued that the objectives of the waivers were the reduction of poaching, the prevention of damage to dogs and the enhancement of the general feeling of safety of people living close to areas occupied by wolves.
The opinion of the Advocate General argues that these objectives can be used to grant derogations. “FACE welcomes the Advocate General's clarification that Member States have leeway for take into account economic, social and cultural needs and regional and local characteristics in the management of wolves and other large carnivore species - just as FACE has always maintained, ”says Torbjörn Larsson, President of FACE. Although the Finnish questions are specifically about wolf management, this case and its findings will also be relevant to the management of other strictly protected species across the EU, including other large carnivorous species, such as bear and lynx.
The Advocate General reiterates the Court's previous findings according to which the granting of derogation permits remains possible on an exceptional basis for species even in an unfavorable state of conservation, where it is duly ascertained that they are not such as to worsen the unfavorable conservation status of these populations or prevent their recovery to a favorable conservation status. Member States must be able to clearly and precisely identify the objectives pursued in the derogation provisions, establish that the derogation is capable of achieving those objectives and demonstrate that there are no alternative means to reach them.
Meager consolation: Costa and the M5S don't give a damn about this news and will go ahead with their "Piano Lupo" and other amenities ...