The AN rules out suspending the extraction and controlled capture of wolves by the autonomous communities

An association had denounced the "lethal controls" authorized by various CCAAs using an additional provision of an order

MADRID, 9 Dic. (EUROPA PRESS) -

The Contentious-Administrative Chamber of the National Court (AN) has refused to suspend the extraction and capture of wolf specimens in Spain by the autonomous communities by not appreciating "damages that are difficult or impossible to repair" in this measure.

In an order dated November 25, to which Europa Press has had access, the magistrates of the First Section rule out suspending the execution of the first additional provision of the order of the Ministry for Ecological Transition that included the wolf from the north of the Duero in the list of wild species under special protection regime and prohibited its sport hunting.

Despite the aforementioned prohibition on hunting the animal, this additional provision established that "extraction and capture measures could be applied to specimens that have an administrative authorization granted by the competent authority of the autonomous community provided" that it is complied with. with a series of requirements.

That is, the text includes, when there is no "other satisfactory solution" after having exhausted all preventive or livestock protection measures, provided that it is demonstrated that it would not negatively affect the favorable conservation status of the species or when the " existence of significant damage to livestock".

The Association for the Conservation and Study of the Iberian Wolf (ASCEL) requested the suspension of the aforementioned first additional provision of the order, ensuring that, as a result of it, there had been several autonomous communities that had authorized "lethal controls of the protected species ".

In this context, ASCEL assured that both the Junta de Castilla y León and the Government of Cantabria and the Principality of Asturias had "already regulated the controls on the wolf, allowing its hunting".

Thus, the association regretted that the execution of this provision, "which allows such lethal controls", caused a series of "damages and losses that are not economically evaluable, the scope and repair of which are difficult to assess and impossible to restore".

Along these lines, ASCEL recalls that the Chamber itself already endorsed the ban on wolf hunting last month by rejecting the suspension requested by Cantabria of the order from the Ministry for Ecological Transition.

Now, the National Court explains that "the damages that are difficult or impossible to repair do not emerge forcefully from the request for the measure" by the association, "because the execution of the appealed act, which allows such lethal controls, contrary to what was argued by ASCEL would not render ineffective the possible estimative result of the appeal filed" against the order.

"And likewise, as was already reasoned in the order that rejected the requested precautionary measure, it is clear from ASCEL's own request document that the damage invoked is not identified with the additional provision itself, but rather with the concrete administrative action, carried out by certain autonomous communities", added the magistrates.

At this point, the Contentious Chamber explains that these are "express administrative acts that, in addition, are capable of being appealed through ordinary mechanisms, as expressly stated in them."

"Ultimately, and since the precautionary incident entails a judgment of limited knowledge, which prevents this Court from making any pronouncement regarding the merits of the controversy, the Chamber considers that, without the need for further consideration, it is appropriate to deny the precautionary measure of suspension of the repeated first additional provision of the order", concludes the order.