Black grouse hunting overturned in Upper Austria
An important victory for species protection: the Administrative Court (VwGH) rules in favour of Tierschutz Austria in a landmark case on black grouse hunting in Upper Austria, declaring an exemption permit for the hunting of protected bird species unlawful.
With this ruling, the supreme court puts a stop to a particularly questionable exemption from the hunting ban and sharply criticises the permit-granting practices of the Upper Austrian regional government.
“The supreme court makes it unmistakably clear: species protection takes precedence over hunting interests”
, says Michaela Lehner, Head of the Legal Affairs Unit at Tierschutz Austria.
VwGH rules clearly: no hunting for private motives
At the centre of the proceedings was an exemption permit that was intended to allow hobby hunters to hunt black grouse outside the closed season. In Upper Austria, black grouse are protected year-round. The permit was justified on the grounds of a “private purpose” — which the VwGH, however, deemed unlawful.
Anyone who hunts protected species without complying with nature conservation regulations is breaking the law — this has now been confirmed by the supreme court as well,, says Michaela Lehner.A ruling that thus sets a precedent beyond Upper Austria.
EU bird protection law must not be circumvented
The VwGH refers explicitly to the EU Birds Directive (Art. 9 Para. 1): exemptions from the hunting ban are only permitted for the purposes precisely defined in Art. 9 and when no other satisfactory solution exists. These criteria were not met in this case — a “private purpose” is by no means sufficient.
Upper Austria needs a forward-looking wildlife policy
Tierschutz Austria advocates for a modern approach to compliance with the law in dealing with protected species — based on science, habitat conservation and practical alternatives to hunting. The VwGH’s decision makes it clear: "A reorientation is not only possible, but necessary. Hunting of endangered species is prohibited in principle. It is subject to the strict criteria of the European Habitats Directive and Birds Directive and may only take place after a rigorous case-by-case review"
, Lehner concluded.
Instead of enabling the shooting of strictly protected species, the federal states, which are responsible for legislation and enforcement in nature and species conservation, should finally commit to scientifically sound monitoring, habitat preservation and alternative solutions.
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