Wild Boar Hunting With A Pack: They Warn That The Ruling Would Cause Economic And Social Consequences

Wild Boar Hunting With A Pack: They Warn That The Ruling Would Cause Economic And Social Consequences

Wild Boar Hunting With A Pack: They Warn That The Ruling Would Cause Economic And Social Consequences

Given the demonstrations made to claim the legal aspects that govern the big game law, the government of La Pampa reported that -on Wednesday the 27th- a provincial Extraordinary Appeal was filed against the judgment of the Court of Appeals by virtue of the erroneous application of the law and the arbitrariness of the judgment of the Chamber.

In this context, it was pointed out that the interpretation and application that is made of the applicable regulations in the sentence tries to justify and/or correct the error incurred by the plaintiff (official defender) by not questioning and/or challenging the constitutionality of the base legislation. , that is, Provincial Law No. 1194 and National Law No. 22241.

The Provincial Executive Power has shaped its actions and issued the regulations in accordance with the provisions of Law 1194 and in compliance with the legislation applicable to the case.

Strikingly, they declare the unconstitutionality of article 26 of Regulatory Decree 2218/94, which refers to the way of transferring the dogs and not to the type of hunting in question. “The transit with hunting packs will be carried out in vehicles with closed boxes on the sides and roof, or in cages in such a way that they cannot get out of the wheels without external help. The dogs will be muzzled ”, they explained from the Pampas government.

According to the statement, the maxim indicated by the National Constitution in its article 19 is applicable, no inhabitant of the Nation will be forced to do what the law does not mandate, nor deprived of what it does not prohibit.

INADEQUATE INTERPRETATION

The intervening Chamber Judges, in contrast to the clear position exposed by the Judge of the degree, make an inadequate interpretation of the case, arriving at a pronouncement that denotes arbitrariness and nonsense from the perspective that is analyzed.

The exposed exegesis shows that the syllogism lacks true premises and is in opposition to the healthy criticism that should characterize a judicial pronouncement.

In the correct understanding of this case, it shows that it is an exclusive and original matter to be dealt with in a broad legislative debate or through an appropriate judicial process, where the different parties involved in the case are heard and not as the Chamber Judges insubstantially suggest.

The chosen exceptional route -Amparo- is not the ideal or adequate way to discuss this matter, which involves social, cultural, economic and biological aspects that must be discussed with the necessary breadth so that the different actors involved can present their positions, either individually , collectively or through the authorities they have chosen, both in different Associations, Foundations, NGOs, Entities, Legislators and members of the specific areas of the Executive Power, such as the Directorate of Fauna, Undersecretary of Agrarian Affairs, and Secretariat of Environment.

ECONOMIC AND SOCIAL IMPACTS

The Judges of Second Instance are not aware of the consequences that their decision may have on biodiversity and the environment, where the uncontrolled advance of invasive alien species would cause the necessary displacement of native species.

The wild boar is an exotic invasive species introduced for hunting purposes, with little incidence of natural predators, which, due to its invasive characteristics, successfully adapted to the ecosystem and consequently reproduced exponentially in the Pampas territory, determining priority management policies to provincial level.

Due to its growth, there is concern about the economic and social impacts that can be produced by damage to agriculture, by the transmission of diseases to livestock and humans, by the increase in collisions on roads and by the inconvenience caused by wild boar in suburban areas.

It is necessary to have management strategies for the effective management of this species that is so successful in biological terms, to avoid future invasion scenarios that imply high environmental and socioeconomic costs.

In this context, hunting by pack in the province of La Pampa, applied on a medium scale by a significant number of hunters, contributes to maintaining low densities in the current context.

It is not reasonable to prohibit, in the middle of the hunting season, a public policy of control such as the one described, noting that the Chamber members analyzed the issue from a limited perspective, within the framework of an unsuitable process.

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