In Swedish Carnivore Association v the County Administrative Board of Jämtland case (Svenska Rovdjursföreningen v Länsstyrelsen i Jämtlands län) (Case nr. 963-22), the Supreme Administrative Court of Sweden (Högsta förvaltningsdomstolen) has ruled that an authorisation of the hunting of 200 bears in northern Sweden, subject to strict conditions, is a proportionate cull, and thus, compatible with the Habitats Directive.
Background and facts
According to the European Commission, five species of large carnivore live in the wild in Europe: the brown bear, the wolf, the wolverine, and two species of lynx; and they states that human activities have led to a dramatic decline in numbers and distribution of these species.
The Swedish Environmental Protection Agency states that at 1,400 bears within Sweden is the minimum number within the jurisdiction in order to be considered to be of a favourable conservation status. By the most recent count, there are an estimated 2,900 wild brown bears living within Sweden.
In 2021, the County Administrative Board of Jämtland (Länsstyrelsen i Jämtlands län) in northern Sweden authorised the hunting of 200 bears. It is apparent from the case that the authorisation was motivated by the fact that the hunt was necessary primarily to reduce damage for reindeer husbandry, but also to achieve, within a period of five years, the management objective of 650 bears within the county, and thereby maintain the acceptance of bears.
The authorisation was predicated on strict conditions for the hunt, including, inter alia, allocation of responsibility, reporting, and handling of bears which had been killed and shot. Moreover, female bears accompanied by young and the young which followed a female bear, irrespective of the age of the young, could not be killed.
A question arose as to whether this decision of a local/regional body complied with the Habitat Directive (Directive 92/43), which mandates that hunting should only involve a limited number of individuals. The case was taken by the Swedish Carnivore Association (Svenska Rovdjursföreningen), who want the decision overturned or, in the alternative, that the number of bears to be hunted was to be reduced.
Prior instances
At first instance, the Administrative Court of Appeal in Sundsvall (Kammarrätten i Sundsvalls), the applicant’s claims were rejected, with that court noting that the hunt did not entail a significant negative impact on the structure of the bear population.
The Administrative Court in Luleå (Förvaltningsrätten i Luleå), which rejected the appeal, found that the purpose of the hunt was acceptable, and that the stipulated hunt could be considered suitable in relation to the stated purpose.
Judgment of the Supreme Administrative Court
The national court stated that the definition of a ‘limited number’ varies by species and region. For guidance, it cross-read the Habitats Directive with the Birds Directive, which allows derogations for a ‘small number’ of species.
The key criterion under the Habitat Directive is that the number of hunted species must not jeopardise the species’ favourable conservation status, nor significantly impact the population structure. Additionally, any approved hunts, in this case of bears, must be selective.
Given that the bear population size and biological status, the national court concluded that hunting 200 bears did not harm the species’ conservation status or population structure, and thus, met the selectivity requirement in line with Habitats Directive.
Conclusively therefore, the hunt was deemed appropriate given the population’s size and composition. By appropriate, it was deemed proportionate, even if that was not the precise wording of the national court.
Interestingly, the Supreme Administration Court rejected the call by the applicant to refer the case to the Court of Justice of the European Union (CJEU) under the reference for a preliminary ruling procedure in Article 267 TFEU. It did so on the basis that the existing case-law of the CJEU provided enough guidance for the case to be considered acte clair.
Read the judgment
The judgment of the Supreme Administrative Court of Sweden (Högsta förvaltningsdomstolen) in Swedish Carnivore Association v the County Administrative Board of Jämtland case (Svenska Rovdjursföreningen v Länsstyrelsen i Jämtlands län) (Case nr. 963-22) can be read here.