Hunting in Veneto: the TAR partially suspended the regional hunting calendar, accepting the alleged illegitimacy points highlighted by the recurrent environmentalists.
Already yesterday the animal rights MEP, Andrea Zanoni, exulted for the decision of the Veneto Regional Administrative Court to accept the request for suspension of the Veneto Region's 2012-2013 Hunting Calendar made by the animal welfare associations ENPA, LAV, WWF, LIPU, LAC and Legambiente; today the text of the precautionary decree of 3 October 2012, number 603/2012 (n.1378 / 2012 RR) was made public.
So let's see what are the effects of the Tar decree on hunting activity in the Veneto area: first of all the exclusion from huntable species of some species, about twenty, of migratory birds considered to be of SPEC category, Special of European Conservation Concern, since for them, specific management plans have never been implemented by the Veneto Region as envisaged by the Birds Directive; the hunting ban therefore concerns the species Lark, Woodcock, Common Snipe, Gadwall, Codon, Fighter, Rock Partridge, Black Grouse, Whisk, Garganey, Shoveler, Tufted Duck, Pochard, Lapwing, Ptarmigan, Quail, Gray Partridge and Tortora.
Another critical point recognized by the Tar judges concerns the hunting period for the species Cesena, Moorhen, Mallard, Coot, Water Rail, Song Thrush and Redwing Thrush considered too long and partly coinciding with the beginning of the prenuptial migration; for these species, in fact, the closing of the hunting season will be brought forward to January 20, 2013 compared to the date of January 30, 2013 foreseen by the Hunting Calendar.
Furthermore, according to the TAR decree, migratory waterfowl cannot be hunted with lead ammunition, considered toxic, even outside the SPAs, Special Protection Areas, therefore the prohibition applies to the entire regional territory.
The same consideration regarding lead ammunition will also apply to hunting ungulates such as chamois, roe deer, deer, wild boar, fallow deer and mouflon therefore hunters will be forced to equip themselves with more expensive and difficult to find non-toxic ammunition.
Finally, the TAR decree also includes the last critical point of the Venetian Hunting Calendar by imposing a ban on hunting in the Special Protection Areas and in the Sites of Community Importance included in the Natura 2000 Network as the Region, admitting hunting activities in these sites, would not have carried out the planned Environmental Impact Assessment; this last point prohibits Venetian hunters from practicing hunting in many areas of the region including the Berici Hills in the province of Vicenza, the Po Delta in the province of Rovigo, Montello, Piave and Pra 'dei Gai in the province of Treviso and the entire Venetian lagoon.
All the prohibitions contained in the decree of suspension of the TAR will be in force until October 30, 2012, the date on which the assessment in the Council Chamber of the appeal presented by the animal rights activists was set and the venue in which the Veneto Region will be able to assert its reasons.
On the decision of the TAR, the animal rights MEP, Andrea Zanoni, already yesterday commented satisfied, “The hunting calendar of Veneto clearly violates the Community directive 2009/147 / EC on the protection of birds. This time the Giunta Zaia will not be able to make jokes and the hunters will have to comply with the new calendar modified by the TAR except for heavy penal sanctions provided for by the law on hunting, the 157/1992 ".
Continuing Zanoni had criticized the statements of the regional councilor for hunting, Daniel Stival, stating, "Councilor Stival avoid lying again to the Venetians by stating that the hunting calendar is legitimate and finally acknowledges that hunting calendars must be done like all other rules in compliance with the law and not under the dictation of the hunting lobby. This is the best gift that could have reached all the Venetians sensitive to the environment for the day of San Francesco ”.
Councilor Stival's response was immediate. Yesterday, after hearing the news of the TAR's decision, he announced, "Already tomorrow we will present the request with which we ask for the revocation of the suspension granted today by the TAR with respect to the 2012-2013 hunting calendar, against which some environmental associations had recourse ”.
Continuing on the question, Stival added "We do it in the firm belief that we have operated, this year as in the previous one, in full compliance with current national and EU regulations".
Finally the commissioner Stival, announcing the battle, concluded “I find it singular that the expressly non-binding opinions of ISPRA, in fact, become so in these circumstances. Also for this reason we will assert our reasons in every way legitimately possible ".
We publish below the full text of the precautionary decree of the Tar n.603 / 2012 of 3 October 2012:
"
N. 00603/2012 REG. PROV.CAU.
N. 01378/2012 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 1378 of 2012, proposed by:
Lav Lega Antiviviszione Onlus Non-profit organization, League for the abolition of hunting LAC Onlus, National Animal Protection Agency ENPA Onlus, Italian Association World Wide Fund For Nature WWF Onlus Ong, Italian League for the Protection of Birds - Lipu Birdlife Italia Onlu and Legambiente Onlus, in person of the respective pro tempre representatives, represented and defended by the lawyer. Valentina Stefutti, with an address for service at the office of Stefania Trivellato and Giorgio de 'Luigi, in Mestre (VE), via Pescheria Vecchia n. 26;
against
Veneto Region, in the person of the President of the Regional Council, represented and defended by the lawyer. Ezio Zanon, Cristina Zampieri, Emanuele Mio, domiciled by law in Venice, Cannaregio, 23;
towards
Eps Game Producers Authority;
for cancellation
after suspension of effectiveness,
of the DGR 12 June 2012 n. 1130, bearing “Hunting season 2012/13. Approval of the regional hunting calendar (art. 16 LR n. 50/93) "; as well as any attached, connected or presupposed act.
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 .;
Having heard the Veneto Region pursuant to art. 56, c. 2nd, cpa;
Given the framework law 157/92, as amended by art. 42 of Law 96/2010;
Given the community directives so-called "Birds" and "Habitats", the documents of the Ornis Committee and the rulings of the Court of Justice of the EC 15/70/2010 n. C-573/08 and 19.1.1994 n. 435/92;
Given the documents issued by ISPRA dated January 2009, as well as on 29.7.2010 and on 27.8.2012;
Considering that, given the constitutional and Community value of the protection of wildlife, there is the requirement of serious and irreparable damage, such as not to allow waiting for the first chamber of council useful for the collegial discussion of the precautionary accident, scheduled for 30.10.2012. 2983 (see TAR Lazio, acceptance decree 12/1163; Campania TAR, acceptance decree 2012/658; Puglia TAR, acceptance decree 12/XNUMX);
Having noted, upon a first summary examination of the documentation filed and any further investigation reserved to the collegiate office, how the appeal appears assisted by the requirement of fumus boni iuris in particular under the following profiles:
a) the inclusion among the huntable species of 19 bird species classified by ISPRA, in implementation of the so-called Birds Directive, of category SPEC (Special of European Conservation Concern) and therefore not huntable in the absence of a "management plan", never carried out;
b) the prediction of the huntability of migratory species of birds, or similar species, before the end of the breeding period and after the start of the so-called prenuptial migration phase, against art. 18, c. 1 bis L. 157/92 and art. 7.4 of the Birds Directive, as well as the judgment of the Court of Justice of 19.1.1994 n. 435/92 and the ISPRA Guide;
c) the hunting of migratory aquatic birds even with toxic lead ammunition outside the Special Protection Areas (SPA), against art. 4 of the Agreement on the conservation of wild migratory birds of Africa-Europe ratified by Italy with law n. 66/2006;
d) the hunting of ungulates with lead ammunition, against the opinion of ISPRA (see TAR Emilia-Romagna, Parma, 22.5.2012 n. 438);
e) hunting in the Natura 2000 network sites (SPAs - Special Protection Areas and SIC - Sites of Community Importance) in the absence of the "Impact Assessment", against art. 6, paragraph 3, of the Habitats Directive and articles 5 and 6 of Presidential Decree 357/97 (see TAR Sicily n. 638/2010);
PQM
WELCOMES
in part the request for precautionary suspension and, as a result, suspends the contested hunting calendar limited to the points indicated above up to the council chamber for the collegial discussion of the precautionary incident.
The council chamber of 30 October 2012, ritual hours, 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 October 3, 2012.
The President
Joseph DiNunzio
DEPOSITED IN THE SECRETARIAT
04/10/2012
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
"
(October 5, 2012)
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