5. The Night Hunt
Since wild boars are nocturnal animals, the hunting conditions decree provided for the special hunting of this species also at night with the help of artificial light. The Society for the Protection of Birds argues that the use of these products is contrary to the Benelux provisions and Articles 6 and 19 of the Hunting Decree. The regulations regarding night hunting and the use of artificial light were provided for in Articles 9 and 33 and of the Hunting Conditions Decree.
In this area, too, the auditor spoke in favour of the view of Vogelbescherming Vlaanderen. There is no final judgment of the full Council of State yet, but will probably follow at the end of this year.
6. The use of the pigeon carousel
Articles 39 and 51 of the Hunting Conditions Decree allow the use of the pigeon carousel again in the case of special hunting and control. Here too, Vogelbescherming Vlaanderen has asked the Council of State to annul the relevant provisions so that the use of the pigeon carousel is banned again. According to Vogelbescherming Vlaanderen, these means would be in violation of the Benelux provisions and Article 19 of the Hunting Decree.
Here, too, the auditor spoke in favour of the vision of Vogelbescherming Vlaanderen.
7. Article 64 of the Hunting Conditions Decree
This article reads:
The Agency may grant specific derogations for the transport of live game or game eggs outside the opening hours of the species in question.
According to the Dutch Society for the Protection of Birds, this measure helps to reintroduce pheasants.
Here too, the request is followed by the auditor.
8. Breeding pheasant broods
Finally, the Society for the Protection of Birds requests the annulment of Article 65 of the Hunting Conditions Decree, which reads as follows:
If there is no other satisfactory solution to protect the nests of pheasants from threat from agricultural work, the eggs from those broods can be transferred for further hatching and rearing of the young. The person responsible for incubating the eggs and rearing the young shall notify the Agency of the number of nests, the number of eggs and the number of young reared by means of a paper or electronic notification form, the model of which shall be drawn up by the Agency and made available on the Agency’s website www.natuurenbos.be. The notification form shall be sent to the Agency by 1 July at the latest in one of the following ways:
1° by registered letter;
2° by e-mail;
3° by electronic submission.
By 31 July of the same calendar year at the latest, the reared young are released into the wild in the same hunting grounds where the eggs were collected.
According to Vogelbescherming Vlaanderen, this ensures that hunters have a back door to release pheasants and this provision is therefore contrary to the Birds Directive, the Hunting Decree and the principle of due care.
The auditor of the Council of State also follows them in this area.
It therefore goes without saying that the upcoming rulings of the Council of State could seriously shake up the hunting landscape if the judgment of the Council of State fully follows the pleas put forward. So we have to wait and see. In addition, if this is the case, restoring the annulled provisions may again take months of consultation and discussion, as this time we will not be lucky enough that an amendment to the hunting decree will be on the agenda of the Flemish Government anyway.