The Veneto regional council, with its resolution no.500 of 04 April 2014, established that all hunters in the Veneto in possession of live calls for hunting from stalking (both fixed and temporary) must proceed with the declaration of the subjects detained in order to allow the carrying out of the regional census of live calls. With the same DGR n. 500 of 04 April 2014, the Regional Council also identified the methodologies for the collection of data regarding the consistency of the assets of live calls in availability and the need for live capture calls for hunting. In the same DGR n. 500 of 04 April 2014, the regional council has inserted attachment "A" showing the prospectus of the forms to be used by the provincial administrations for distribution to hunters in the Veneto region.
In the aforementioned form included in attachment "A", however, the following wording is reported: "He also declares to be aware that he can hold a total maximum of no. 10 live catch calls (choice of type C hunting) or 40 live catch calls (maximum 10 per species if type B hunting choice). There is no limit for breeding calls. "
It should be remembered that the state law n. 157/92, art. 4 and 5, it says:
Art. 4 Temporary capture and ringing
4. The capture for the transfer for the purpose of recall is allowed only for specimens belonging to the following species: lark; Cesena; redwing; song thrush; blackbird; lapwing and wood pigeon. Any specimens belonging to other species that may be captured must be ringed and immediately released.
Art. 5 Hunting exercise from fixed posting and live calls
2. The Regions shall also issue rules relating to the establishment and management of the patrimony of catches therein belonging to the species referred to in Article 4, paragraph 4, allowing any hunter who exercises the hunting activity pursuant to Article 12, paragraph 5, letter b), the holding of a maximum number of ten units for each species, up to a total maximum of forty units. For hunters who practice hunting from temporary stalking with live calls, the aforementioned assets may not exceed the maximum total number of ten units.
It should also be remembered that the Veneto regional law no. 50/93, in art. 20 paragraph 8, reads as follows:
Art. 20 - Stalking hunting exercise.
8. Each hunter, who carries out hunting from a fixed position exclusively, is allowed to use a maximum number of ten units for each species, up to a maximum total of forty units. For each hunter who carries out the hunting activity from temporary stalking with live calls, the aforementioned patrimony cannot exceed the maximum total number of ten units. These limits do not apply to calls belonging to huntable species originating from breeding.
As can be easily deduced from the comparison of the state legislation with that of the Veneto Region, a substantial difference appears between the provisions of the two regulations. In fact, while the state law n. 157/92 establishes that no more than ten units per single species can be held, the regional law of Veneto, to which the state law has delegated the task of regulating the use of live calls, establishes that no more than ten live calls can be used of catches for each single species, suggesting that a hunter can hold a number of more than ten live catch calls per single species but that he cannot use more than ten per species in the exercise of the hunting activity (for a total of forty total units for those who hunt from fixed position and ten total units for those who hunt from temporary position).
It can be deduced that, following the instructions given on the form in attachment "A", issued by the Veneto Regional Council with DGR n. 500 of 04 April 2014, the hunter in possession of live trapping calls should declare the possession of a maximum number of ten units of live trapping calls for each single species, even if the hunter himself has legally acquired a higher number. of live catch calls withdrawn from the capture plants managed by the provinces.
Since the declaration of possession of live calls is a real self-certification (proof of this is that a copy of a valid identity document must also be attached to the completed form and signed), the hunter who completes the form is responsible for his declarations to pursuant to Presidential Decree no. 445/2000. To a possible control by the surveillance agents, the hunter who declared the possession of ten live catch calls, actually possessing a higher number, would run the risk of being denounced for false declaration.
Deeming it unacceptable that Veneto hunters are placed in a position to expose themselves to possible criminal sanctions only for having complied with current regional legislation, our Association has asked the Veneto Regional Council to issue a formal, authentic interpretation before the deadline for the presentation by the hunter of the self-certification on the possession of his live calls.
A few days before the deadline set for the collection of self-certifications compiled by hunters, the Veneto Region has not yet issued its interpretative circular, leaving all migratory hunters in the Veneto in trouble.
Maria Cristina Caretta
President of the Venetian Hunters Association - Confavi
(June 22, 2014)
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