Municipalities can investigate against nuisance gulls – Focus on News

Wednesday 17 August 2016 – 15:10 Update: 18-08-2016 8:52

Ruling of the court

the Amsterdam District court ruled otherwise in April 2015. The court turned the exemption from the Flora and Fauna Act back to the Minister for Foreign Affairs granted in January 2014 for this research because research should focus on conservation of the species. The municipalities wanted to correct an exemption for an investigation to tackle gulls nuisance and as the Flora and Fauna Act does not provide, according to the court.

Research

The Administrative Law Division is, however, considers that the Secretary of State may also grant an exemption for research and research related to the “development and development of ecological methods for preventing damage caused by birds.” An investigation does not necessarily have the conservation of the species in the eye, such as the Amsterdam court ruled earlier. Therefore, the Administrative Law Division destroys the judgment of the Court of Amsterdam.

No damage

However, an investigation should be without prejudice to the conservation of the species and that will be shown by facts and figures be. The State Secretary has only during the proceedings before the Administrative Law Division submitted a calculation showing that the research in Leiden, Haarlem and Alkmaar does not affect the ‘favorable conservation status of the four gull species.

This calculation was still missing at the time when the case was before the courts pending. Therefore the court has right to annul the decision of the Secretary of State. From this calculation, however, that the relevant gull populations are stable through the numbers and breeding success of seagulls outside these municipalities. The Administrative Law Division finds that the State its decision therefore still sufficient reasons.

Entourage

The effect of the ruling is that the municipalities now have permission to investigate measures against seagulls nuisance .

Plan

the municipalities submitted an Action Plan in November 2013 at the Secretary of State for Economic Affairs in order to do research for three years to find solutions to nuisance gulls at address. It’s about the little black-backed gull, the herring gull, the common gull and the black-headed gull.

Solutions to examine its nest management and ward and scare away seagulls. The research results will be applied for waivers expected in the future to prevent nuisance gulls and in the interests of public health and safety.