Circuit court upholds ruling that 2022 bear cull quota was unjustifiably high

A court has upheld an earlier ruling that found the quota for bear culling set in 2022 had been unjustifiably high.
The second-tier Tallinn Circuit Court found the Environmental Board's (Keskonnaamet) 2022 bear culling permit level to be illegal, upholding an earlier county court decision.
The quota was set at 90.
The court did not find compelling the board's argument that all alternatives to preventing bear damage had been exhausted prior to issuing the notably large hunting quota.
The permit quota had been challenged by animal rights NGO Eesti Suurkiskjad and in relation to an EU regulation.
The dispute centered on whether the bear hunting quota complied with the European Union's Habitats Directive.
The court ruled that the Environmental Board failed to provide sufficient data and justification for the quota, and that hunting should only be allowed when other measures to prevent damage are ineffective.
The ruling also found that bear hunting does not correlate with ensuring bears avoid human contact, one of the claims made by the board, and that the compensation system reduces the incentive for preventive measures.
The court also noted that the board had not explored alternative solutions like fencing to protect beehives or relocating bears.
The circuit court found: "According to current scientific data, there hunting and fear of humans are not related, which means it would not qualify as an exception as referenced in the relevant regulation, and also due to disproportionality."
"The aim of the habitats directive is only to prevent significant harm. A regular business risk does not justify making any exceptions," the court noted.
"The Environmental Code does not stipulate such a restriction. Legal proceedings in cases similar to this generally last longer than the validity of the administrative act which determines hunting quotas for a specific hunting year.
"If the submission of a follow-up complaint were prohibited in such cases, environmental organizations would often be unable to achieve the purpose of their court appeals," the ruling added.
The decision applies only retroactively to the 2022 hunting season and can still be appealed at the Supreme Court, by November 18 this year.
This year's cull is set at 94.
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Editor: Andrew Whyte, Mari Peegel