Hunting in Veneto: the reply from the Hon. Berlato to the statements of Rizzi of the CPV on the Class Action of farmers for the passage of hunters in private funds.
A famous adage, well known in rural realities, reported the definition "catch fireflies for lanterns" or "whistles for flasks". It is appropriate to say that the Vicenza Protectionist Coordination, instead of taking advantage of the season to hunt thrushes as hunters do, in an attempt to hunt witches, they find themselves hunting butterflies.
In a note issued in recent days signed by Renzo Rizzi, the Vicenza Protectionist Coordination declares that it has activated a "Class action" to induce hunters to pay farmers a phantom easement required by law. I would not like to crush the easy and unjustified enthusiasms that have prematurely seized the vicentine anti-hunts, but the state law 157/92 foresees something quite different from that supported by the uninformed anti-hunts.
The art. 23 of state law 157/92 provides for the creation of a fund fed with regional concession fees paid annually by hunters (which are added to the other government concession fees also paid by hunters). This fund serves, among other things, to pay for the damage caused by wildlife (both huntable and non-huntable) and the damage caused in the exercise of the activity not otherwise compensable. It should be remembered that every hunter is required by law to take out an insurance policy for damage caused to third parties (people and things).
Here is what the art. 26 of the state law 157/92:
"(Compensation for damage caused by wildlife and hunting)
1. To cope with the damage not otherwise compensable caused to agricultural production and to the works prepared on the cultivated and grazing land of wild fauna, in particular from the protected one, and from hunting, a fund is set up by each region for the prevention and compensation, which also includes a percentage of the proceeds referred to in Article 23.
2. The Regions shall, with specific provisions, regulate the functioning of the fund referred to in paragraph 1, providing for its management a committee in which representatives of the provincial structures of the most representative agricultural professional organizations at national level and representatives of the associations are present. national hunting recognized as more representative.
3. The owner or tenant of the fund is required to promptly report the damage to the committee referred to in paragraph 2, which proceeds within thirty days to carry out the relevant checks, including by means of on-site inspections and within one hundred and eighty days following liquidation.
4. For claims for the prevention of damage, the term within which the procedure must be concluded is directly established by regional law. "
It can be deduced that the damage caused by wildlife (both huntable and non-huntable) and by the exercise of hunting activities are paid with concession fees paid exclusively by hunters.
No financial payment is foreseen for the benefit of the owners of the funds for non-existent easements, considering that the transit on agrosilvopastioral funds is regulated by art. 842 of the Code.
It is true that in other European countries there is no right of passage, but in those countries the wildlife is not considered as an unavailable heritage of the state (as it happens in Italy) but is considered as the property of the owner of the land who disposes of it as every other fruit of his land.
Just to bring the truth back to this question, which has been the subject of miserable speculations several times.
Hon. Sergio Berlato
Italian Deputy in the European Parliament
4 October 2012