Animal rights activists take action against wolf shooting regulations

According to “ORF Tirol”, the Animal Protection Austria association has already filed a complaint against the Tyrolean state government. The environmental protection organization WWF is examining the legal options, a spokesperson said when asked. The most recent shooting regulations from Tyrol, Salzburg and Vorarlberg came after a widely noticed ruling by the European Court of Justice (ECJ).

• Also read: Following ECJ ruling: Another wolf in Tyrol allowed to be shot

The ruling from the beginning of July confirmed the strict protection of wolves in Austria. Due to the continued shooting regulations, the Animal Protection Austria association, or rather the Vienna Animal Protection Association (WTV), filed a complaint against the Tyrolean state government on Thursday with the Innsbruck public prosecutor’s office on suspicion of abuse of office, ORF Tirol reported on Friday. The complaint is directed against Governor Anton Mattle (ÖVP) and his deputy Georg Dornauer (SPÖ), Josef Geisler (ÖVP) and other perpetrators who are still to be investigated, it said. The Innsbruck public prosecutor’s office was initially unable to confirm receipt of the complaint when asked by APA. The initiation of an investigation is still being examined with regard to a similar complaint filed by the Association Against Animal Factories (VGT) last year.

Accusation: Damage to livestock

According to ORF Tirol, the animal rights activists also accuse those responsible of intentionally and negligently damaging the animal population and of encouraging punishable acts. The association is also said to have announced that it will file charges against the state governments of Salzburg, Vorarlberg and Carinthia.

In response to the APA, Tyrolean ÖVP parliamentary group leader Jakob Wolf spoke of a “provocation towards those responsible for the alpine pastures and thousands of hard-working farmers”. They have had to watch “how wolves or wolf hybrids have been killing sheep, goats and now even cattle in Tyrol for years, tearing to pieces or seriously injuring not just one animal but several in their bloodlust”. The activists are more “illusionists”, not animal rights activists – they have lost touch with the population. In the autumn, the parliamentary group leader wanted the current shooting regime to be confirmed by the state parliament and announced a corresponding motion.

“Clearly contrary to European law”

“The hunting regulations of the federal states are clearly contrary to European law,” says a WWF letter. “It is therefore to be expected that the European Commission will look into this practice sooner or later. Austria is therefore facing potentially expensive infringement proceedings due to the arbitrary actions of the state governments.”

Following the ECJ ruling, Franz Leidenmühler, head of the Institute for European Law at JKU Linz, also warned of infringement proceedings if wolves continue to be hunted in Austria. European law expert Walter Obwexer spoke to the “Tiroler Tageszeitung” newspaper of a “de facto ban on hunting” as a result of the ruling.

However, the EU Commission in Brussels does not currently see any urgent need for action. “The Commission has no specific role in evaluating such individual administrative decisions; rather, these are made under the control of the national judicial authorities – as was the case with the approvals on which the Tyrol State Administrative Court has yet to decide,” a spokesperson for the EU authority replied to APA in writing.

The spokesperson refers to the ongoing proceedings before the Tyrol State Administrative Court (LVwG), which concern an older decision to shoot a wolf. The VVwG had turned to the ECJ to clarify the EU legal situation and can only now – after the ECJ’s ruling – decide on the original case.

The interpretation of what the ECJ ruling specifically means for wolf hunting in Austria varied after the Luxembourg judges’ decision. According to the ECJ’s press release, the ban on wolf hunting in Austria will remain valid as long as the condition of the wolf population does not improve.

“Continue consistently on the path”

The Tyrolean state government, made up of the ÖVP and SPÖ, was calm in its reaction to the ruling. This had “no immediate impact on Tyrol, but unfortunately it also brings no relief,” said the responsible deputy governor Josef Geisler (ÖVP) at the time. The shooting regulations had proven their worth, “and we will continue consistently down this path.” With the current legal situation, Tyrol meets the requirements of European law, Geisler said, alluding to the fact that predators in the state are no longer shot by decree, but according to regulations. “By applying a strict test standard, we can continue to remove harmful and risk wolves,” Geisler stressed.

The WWF, on the other hand, called on the federal states to “finally launch a herd protection offensive and to use the EU funding available for this purpose,” WWF species protection expert Christian Pichler is quoted as saying in Thursday’s press release.

At the political level, there is still no agreement at EU level on lowering the strict protection status for the wolf. In December, the EU Commission proposed lowering the protection status of the wolf from “strictly protected” to “protected”. However, the decision must be approved by the responsible Council of Environment Ministers – the necessary majority is still missing. Only then can the EU submit an amendment to the Bern Convention, which regulates the protection status of the animals.