Future of hunting in Europa, role of EU in nature conservation

Future of hunting in Europe, role of EU in nature conservation

Gabor von Bethlenfalvy FACE ‐ Federation of Associations for Hunting and Conservation of the EU

Ráðstefna um rannsóknir og stjórnun villtra dýrastofna Grand Hotel, Reykjavík 21. mars 2013

FACE • Founded in 1977 • Secretariat: 10 full‐time professional staff • Supporting hunting cultures across Europe: ⁻ addressing political, ecological and social questions to enable the best possible context for sustainable hunting ⁻ representing FACE Members (national hunting associations of 38 countries) & the 7 million hunters in Europe ⁻ supplying information, intelligence and influence to FACE Members & European policy makers

EU 1

• “Hunting” not listed as an area of EU competence in the treaties  no direct EU competence • However, hunting regulated through other EU competencies: – – – – – –

 Game management Environment Internal Market Consumer Protection and Public Health Common Commercial Policy Freedom, Security and Justice Agriculture  Game management

Result: Rather extensive body of EU regulations and directives directly or indirectly affecting hunting in practice 85% of the legislation affecting european hunters is decided at European level (CoE & EU)

EU 2

Examples of areas not regulated by the EU: • Hunting exams: Including level of knowledge, shooting tests, etc.

• Hunting rights: Who has the right to hunt and where • Ownership of game and responsibility for game damages • Parts of the practice of hunting not regulated by the EU (e.g. shooting distance, the use of dogs, hunting tools which not prohibited by EU law)

EU N

D

Birds Directive, 2009/147/EC, and Habitats Directive, 92/43/EEC 1.

Which species can be hunted?

– Birds Directive lists “huntable” species (Annex II part A & B) – Habitats Directive lists protected species (Annex IV [& V])

2.

When can hunting take place?

– Birds Directive: no hunting during rearing or reproduction periods ‐ Article 7(4)

3.

Which methods/tools can be used?

– Birds Directive: prohibits those listed in Annex IV (e.g. nets, traps…)…

– Habitats Directive: prohibits those listed in Annex VI for certain species... …if non‐selective or capable of causing local disappearance

Derogations are possible for 1, 2 & 3 under strict conditions 4. Protected Areas: No general presumption against hunting in Natura 2000

EU B

D 1

• The Birds Directive relates to the conservation of all species of naturally occurring birds in the wild state in the Union. It covers the protection, management and control of these species and lays down rules for their exploitation. (Art.1) • It applies to birds, their eggs, nests and habitats.

• The legitimacy of hunting of wild birds is recognised by the Directive: ..certain species may be hunted, which constitutes acceptable exploitation (Preamble)

EU B

D 2

List of huntable species •

For species included in Annex II, Member States may allow hunting under national legislation. (Art. 7)

•

Annex II: – Annex II, Part A: species that may be hunted in all of the geographical sea and land area of the Union; – Annex II, Part B: species may be hunted only in the Member States indicated.

•

((subject to regular adaptation, in view of changes in scientific and technical knowledge))

amendments to the lists are in practice hardly done.

‐

 Stakeholders to engage with government in accession negotiations for appropriate listing for Annex II, B • Example of corvidae, starling, etc. from other countries • Long‐term view ‐ species that are currently not hunted but might be hunted in the future ( provide sufficient guarantees)

EU B

D 3

Prohibition to hunt during the reproduction and pre‐nuptial migration period Member States shall ensure that the practice of hunting … complies with the principles of wise use and ecologically balanced control of the species of birds concerned … in particular that the species … are not hunted during the rearing season nor during the various stages of reproduction ... or during their return to their rearing grounds (Art. 7) ‐ Including Annex II and migratory birds • •

Derogations (Art. 9) ‐ restrictive interpretation by the EU Court of Justice or Exemption in the Icelandic Accession Treaty providing that the prohibition (Art. 7 §4, 2nd & 3rd indents) shall not apply to Iceland  to take into account particular & unique situation in Iceland as regard the periods when many bird species are present and allow for a pragmatic and flexible adaptation to the biological realities.

EU B

D 4

Prohibition of certain means and methods of hunting (Art. 8 ‐ list in Annex IV, point (a)): • Snares, limes, hooks, live birds which are blind or mutilated used as decoys, tape recorders, electrocuting devices, • artificial light sources, mirrors, devices for illuminating targets, sighting devices for night shooting comprising an electronic image magnifier or image converter, • explosives, • nets, traps, poisoned or anaesthetic bait, • semi‐automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition; Possible for an accession county to negotiate for specific exemptions.

• Finland and Sweden ‐ to allow for the (non‐selective) capture with snares of Willow Ptarmigan (Lagopus lagopus) & Rock Ptarmigan (Lagopus mutus) north of latitude 58° N.

EU B

D 5

Derogations (strict conditions) • For species not listed in Annex II A or B • For banned means and methods of hunting • During reproduction and pre‐nuptial migration 3 conditions need to be fulfilled: • no other satisfactory solution • based on at least one of the reasons listed in Article 9 §1(a‐c) ‐ public health & safety; prevent serious damage e.g. crops, livestock & fisheries; research; to permit under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small number) • Derogation must comply with formal conditions in Article 9§2, which are intended to limit derogations to what is strictly necessary and to enable the Commission to supervise them

EU B

D 6

Member States do not need to consult the Commission before applying derogations but they are obliged to produce annual derogation reports.

If the Commission deems that a Member State has incorrectly applied a derogation it can launch an infringement proceeding against that Member State before the European Court of Justice.

EU B

D 7

Sustainable Hunting Initiative (SHI) ‐ dialogue on the Birds Directive • Commission’s interpretative Guidance document, published in August 2004 Some Member States want to know what are the possibilities to fix hunting seasons outside the limits imposed by Article 7(4), which may be overly constraining, as appears to be the case for a small number of problematic species (such as the Mallard Anas platyrhynchos and the Wood Pigeon Columba palumbus) with early pre‐nuptial migration and/or long reproduction periods, and wish to consider recourse to Article 9 derogations. (page 5) http://ec.europa.eu/environment/nature/conservation/wildbirds/hunting/docs/hunting_guide_it.pdf

EU B

D 8

Sustainable Hunting Initiative (SHI) ‐ dialogue on the Birds Directive • Commission’s interpretative Guidance document, published in August 2004 • BirdLife International / FACE Agreement, 12 October 2004

EU H • • • •

D

Conservation of natural habitats and of wild fauna and flora Exclusive protection of the species mentioned in its annexes Derogations enabling strictly controlled hunting (Art. 16) Creation of a European Network of protected areas ‐ Natura 2000

o Annex I ‐ Natural habitat types of community interest whose conservation requires the designation of Special Areas of Conservation o Annex II ‐ Animal and plant species of community interest whose conservation requires the designation of Special Areas of Conservation o Annex IV ‐ Animal and plant species of community interest in need of strict protection o Annex V ‐ Animal and plant species of community interest whose taking in the wild and exploitation may be subject to management measures o Annex VI ‐ Prohibited methods and means of capture and killing and modes of transport.

1992 - HABITATS DIRECTIVE

1979 - BIRDS DIRECTIVE

National List of proposed sites (pSCI)

Special Protection Areas (SPA)

Sites of Community Importance (SCI)

Special Areas of Conservation (SAC)

Art. 2(3) of the Habitats Directive: “measures have to take account of economic, social and cultural requirements and regional and local characteristics."

European Commission contract (2010)

Most conflicts can be avoided by taking into account the human and cultural dimension.

The success of the management of Natura 2000 sites is fully dependent on a positive attitude and cooperation from a range of stakeholders  Early involvement  Building trust  Respect and make use of local knowledge and traditions  …

C 1

• Considering the human dimension when implementing Nature Directives and wildlife management • good consideration to the listings during accession negotiations.

C Information on hunting is essential to demonstrate that practices are compatible with the EU Nature Directives, although not necessarily a legal obligation: • bag returns and analysis • management measures • habitat conservation by hunters • population monitoring (Art 12 of BD / Art 17 of HD) • hunting seasons (Article 7(4) of BD) • surveillance, control measures (BD Art 9 / HD Art 17)

2

C Information on hunting is essential to demonstrate that practices are compatible with the EU Nature Directives, although not necessarily a legal obligation: • bag returns and analysis • management measures • habitat conservation by hunters • population monitoring (Art 12 of BD / Art 17 of HD) • hunting seasons (Article 7(4) of BD) • surveillance, control measures (BD Art 9 / HD Art 17)

2

The new EU biodiversity strategy – Our life insurance, our natural capital: an EU biodiversity strategy to 2020 • • • • • •

Birds and Habitats Directives Ecosystems and their services Agriculture and Forestry Fisheries Invasive Alien Species (IAS) Global biodiversity loss

http://ec.europa.eu/environment/nature/biodiversity/comm2006/2020.htm

The Manifesto underlines our commitment to making sure that hunting is sustainable and in doing so contributing positively to biodiversity conservation and our shared heritage – Nature

• to demonstrate the role and contribution of hunting for biodiversity to policy makers and the public, and • to promote the coordination and enhancement of this contribution in line with international conservation priorities

www.face.eu/nature‐conservation

THANKÂ YOU! www.face.eu gabor.vonbethlenfalvy@face.eu