Question 17484 — hunting and fishing

Summary

Ms. Marianne Maximi draws the attention of the Minister Delegate to the Minister for Ecological Transition, Biodiversity and International Negotiations on Climate and Nature, responsible for the ecological transition on climate and nature, to the doctrine applicable to prefectures regarding the authorization of additional periods of underground badger hunting, following the recent case law of the Court administrative appeal of Bordeaux. By two judgments dated February 24, 2026, this court rejected the appeals filed by the Ministry of Ecological Transition against judgments of the Limoges administrative court having annulled prefectural decrees authorizing such additional periods. The court specified that, having regard to the objective of agro-sylvo-hunting balance set by article L. 420-1 of the environmental code, the emancipation of the young badger is not affected at any time during the additional hunting period. The case of the Puy-de-Dôme prefecture illustrates the difficulties raised by this case law. An order of June 30, 2023 authorizing an additional digging period was canceled by the administrative court of Clermont-Ferrand and the orders of June 24, 2024 and June 23, 2025 are currently contested by several protection associations of the environment. However, the prefecture submitted for public consultation, from July 1 to September 14, 2026 then from May 15 to June 30, 2027, a new draft order setting additional periods similar to the previous ones, without the doctrine resulting from the judgments of February 24, 2026 appearing to have been taken into account in its development. More broadly, several prefectures continue to submit draft orders for public consultation setting additional periods without this doctrine appearing to have been disseminated or integrated into their practices, giving rise to fears of a heterogeneous application of the law depending on the departments and a multiplication of avoidable disputes. She asks him if a circular or instruction has been sent to the prefectures, in particular to that of Puy-de-Dôme, in order to take this case law into account in the development of decrees. relating to additional badger hunting periods and, if this is not yet the case, when such an instruction is envisaged, how the ministry intends to ensure that the draft orders currently being developed effectively integrate this doctrine before their final adoption and what measures are planned to ensure harmonized application of this doctrine throughout the territory.

Machine translation from French. The official text remains authoritative.

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