In 2021, the County Administrative Board of Jämtland took a decision regarding licensed hunting for 200 bears. The Supreme Administrative Court examined whether the licensed hunt was suitable taking into account the size and composition of the bear population, in light of the fact that such hunt, according to the so-called Habitat Directive, may only pertain to a limited number of individuals. What is to be regarded as a limited number depends on the species and the relevant area. Thus, guidance may not – as already established by the Supreme Administrative Court in HFD 2016 reported case no. 89 – be obtained from case law concerning the so-called Birds Directive since the requirement in that Directive is another, namely that derogations may only be granted in respect of a “small number” of individuals. What is decisive according to the Habitat Directive when a determination is to be made regarding the number of individuals for which a derogation may be granted is that such number may not jeopardise the favourable conservation status of the species. Even if the number per se is not detrimental to the maintenance of such status, the quantity may also not entail a significant negative impact on the structure of the population. The condition in the Directive according to which the hunt is to be conducted on a selective basis can also affect the number of individuals for which a hunt may be allowed. Taking into account the size of the bear population and the biological status of the bear, the Supreme Administrative Court found that the hunt for 200 bears did not affect the favourable conservation status or the structure of the bear population, and also did not conflict with the requirement of selectivity. Accordingly, the hunt pertained to a limited number and the hunt was thereby deemed to have been suitable taking into account the size and composition of the population. As the period of validity of the decision of the county administrative board had expired, the case was dismissed.
Read the judgment here: