At first instance, the Rennes administrative court had already annulled these orders but simply for a question of form, because they were “insufficiently motivated”, and not on the merits of the case. The League for the Protection of Birds (LPO) and the environmental defense association Bretagne Vivante therefore appealed the judgments.
“Effective and sustainable alternatives”
A study carried out by the University of Rennes, at the request of state services, had, in fact, concluded that the relevance of the prefectural choices had to be called into question: the increase in the population of birds is, in fact , directly linked to the fact that they find “cavernous nesting places”, such as chimneys. Jackdaws are, moreover, “a species which adapts its demography according to the destruction it undergoes”, underlined the Rennes academics.
“There are effective and lasting alternatives to the destruction of these birds,” added the authors of the study, such as “blocking chimneys,” “resorting to the use of repellents,” “limiting access to heaps of silage”, “cropping away from urbanized sites” or “diversion practices, by targeted graining, away from sowing”.
The State can refer the matter to the Council of State
The Brittany Regional Scientific Council for Natural Heritage (CSRPN) had also issued a “totally unfavorable opinion” to the order of the prefect of Morbihan, for example, judging that “the only solutions appearing effective in the long term” are “ the reduction in the availability of nesting sites and food resources,” underlines the Nantes administrative court of appeal.
This opinion – issued on the basis of an initial project to destroy 5,000 jackdaws – had, finally, recalled that “the past succession of authorizations (…) for the destruction and scaring of these protected birds does not allow the expected regulation, forcing public authorities (…) to multiply this type of derogatory decisions and the quotas (…) authorized”.
The State now has until February 17, 2025 to refer the matter to the Council of State, otherwise such prefectural decrees can no longer be justified in the future if “alternative solutions” to the shootings have not been put in place. in place beforehand.
