Federal Hunting Act

from Wikipedia, the free encyclopedia
Basic data
Title: Federal Hunting Act
Abbreviation: BJagdG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law , hunting law
References : 792-1
Original version from: November 29, 1952
( BGBl. I p. 780 )
Entry into force on: April 1, 1953
New announcement from: September 29, 1976
( BGBl. I p. 2849 )
Last change by: Art. 291 VO from 19 June 2020
( Federal Law Gazette I, p. 1328, 1362 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Please note the note on the applicable legal version.

The Federal Hunting Act (BJagdG) since the federalism reform of 2006 the deviation legislation under-lying countries Federal Law of concurrent legislation, which the Germany in hunting law governs. It determines the animals that can be hunted, i. H. what is defined as game and contains regulations for hunting . It regulates who is allowed to hunt what, where and how.

In doing so, however, it only establishes the framework conditions that continue to apply for the time being, while the priority legislative competence now lies with the states in their respective state hunting laws (see Hunting Act ).

Section 38 of the Federal Hunting Act contains penal provisions (due to inadmissible hunting ( poaching ): violation of the closed seasons or killing of a parent animal in accordance with Section 22) and is therefore part of the subsidiary criminal law . In addition, § 42 BJagdG gives the federal states the opportunity to enact penal provisions in the state hunting laws.

About history

The current German Federal Hunting Act dates from 1952 and was revised in 1976 and 2011.

The decisive basis for the hunting law was initiated in the Frankfurt National Assembly in 1848. It was then decided, together with the German fundamental rights that the right to hunt (for the purposes of hunting rights ) on land and soil was removed and the right to hunt on private land in the real estate lies anchored.

Later, the Social Democratic Prussian Prime Minister Otto Braun , together with Ulrich Scherping and building on the Prussian Hunting Act (Prussian Ordinance on Hunting, 1904), with the Prussian Animal and Plant Protection Ordinance of December 16, 1929, developed the basis of the Federal Hunting Act, which is still valid today. This German hunting law, which was standardized for the first time, was also recognized as exemplary abroad.

In 1934 - after the National Socialists came to power on January 30, 1933 - Hermann Göring (then the "second man" in the state behind Adolf Hitler) was appointed Reichsforstmeister, Reichsjägermeister and supreme representative for nature conservation. Göring adopted the ordinance of 1929 (see above) almost unchanged into the Reichsjagdgesetz passed on July 3, 1934, and added a preamble interspersed with National Socialist ideology .

Based on the model of the Reich Hunting Act, the Federal Hunting Act was drawn up from 1950 and came into force in 1952. The old law was not adopted one-to-one (unlike the Nature Conservation and Animal Protection Act), but was discussed in detail in the Bundestag. There were more extensive changes in 1961 and above all in 1976. The law, which was newly announced in 1976, mainly contained adjustments to the species catalog, regulations on conservation communities (§ 10a), changes to the hunter and falconer examination and the issuing of the hunting license and, above all, changes to strengthen animal welfare

The law was adapted again and again in the following period. In 2013, Section 6a was added. This means that landowners who belong to a hunting association and who refuse to hunt their land for ethical reasons can withdraw from the hunting association upon request. The law contains accompanying regulations on the liability of the resigning property owner for damage caused by game, the following and the right to hunt for appropriation. The penal provision on poaching (Section 292 of the Criminal Code) was also changed as a result of the newly created pacification for ethical reasons. If a hunter enters an area pacified for ethical reasons, which is not recognizable as such, he does not make himself a criminal offense.

In July 2016, the Bundestag decided to amend Paragraph 19 of the Federal Hunting Act, as a decision by the Federal Administrative Court in Leipzig on March 7th caused uncertainty among gun owners. According to Section 19 Paragraph 1 No. 2 Letter c of the Act in the version in force since 1977, the BVerwG considered it forbidden to own semi-automatic weapons as a hunter if they can hold a magazine that can hold more than two cartridges. Thousands of hunters were threatened with the withdrawal of their gun license and the free availability of their property. The change came into effect on November 10, 2016.

In 2018, the new § 28a came into force, which regulates the handling of invasive animal species. Currently (2019) there are also plans to change the regulations on the use of lead-containing ammunition, the introduction of nationwide cornerstones for the hunter test and the introduction of a target practice certificate.

Sections

The BJagdG is divided into 11 sections with 46 paragraphs:

Section I. Hunting Law

§§ 1-3

The right to hunt includes the exclusive right to keep the game defined as such in a certain area , to hunt in compliance with pastoral justice and to appropriate it. With the hunting law, the obligation to Hege connected that as a goal has the preservation of the landscape and for cultivation conditions adapted species-rich and healthy game population. The maintenance must be carried out in such a way that impairment of proper agricultural, forestry and fishing use, in particular damage to game , is avoided as far as possible. Hunting rights is inextricably linked with ownership of the land and the hunting of hunting districts bound.

II. Section hunting districts and conservation communities

Sections 4-10

When hunting districts are private hunting districts and community hunting areas and their respective design captured. Likewise the pacified districts , especially pacification for ethical reasons. The formation of the hunting cooperative as a corporation under public law and its hunting use as well as the advisory management communities are determined.

III. Section Involvement of third parties in the exercise of hunting rights

§§ 11-14

The exercise of the hunting right in its entirety can be leased to third parties for at least nine years, subject to compliance with the minimum area and the maximum lease area limit . The hunting lease must be concluded in writing and reported to the competent authority. The leaseholder is only allowed to be someone who has an annual hunting license and has had one in Germany for three years. Furthermore, the expiry of the hunting lease, the legal status of the co-tenants and a change of landowner are specified.

IV. Section hunting license

§§ 15-18a

Those who hunt must have a hunting license in their name that is valid throughout Germany . When Hawking also a falconer hunting license . A prerequisite is a hunter's examination or an additional falconer's examination . Youngsters from 16 years of age can acquire a youth hunting license and only hunt individually when accompanied by an adult hunter . The hunting license is to be refused or withdrawn in the event of unreliability , e.g. B. according to § 41 of the Weapons Act .

V. Section Hunting Restrictions, Hunting Obligations and Disquieting Game

§§ 19-22a

This section deals with factual and local prohibitions, the alarming of game, the shooting regulation, hunting and closed seasons and animal welfare.

So u. a. Basically regulated which hunting weapons and hunting types and methods are prohibited, but also the disturbing of game by, e.g. B. photography, the ban on night hunting and the use of artificial light sources, the use of traps, etc. Shooting regulations include the legitimate claims of agriculture, forestry and fishing industry to protection against damage caused by game , the protection of animal species whose population appears threatened, so that a healthy one wildlife of all domestic animal species is preserved in adequate numbers and this in the context of a shooting plan for ungulates (except wild boar ) in compliance with respective hunting and closed seasons for the purposes of Hege . In order to prevent avoidable pain or suffering of the game, the search for and following the game is regulated.

VI. Section hunting protection

§§ 23-25

The content of hunting protection is the protection of game and compliance with the regulations issued for the protection of game and hunting, e.g. As before Wild diseases and who the fighter protection is justified.

VII. Section game and hunting damage

§§ 26-35

The person authorized to hunt and the person authorized to use a property are entitled to keep game from the property in order to prevent game damage or to scare it away without damaging the property or injuring the game. To prevent excessive game damage, a reduction in the game population can be ordered independently of the closed seasons and can also be carried out without the consent of the person authorized to hunt. Other restrictions in the hedge relate to the keeping of wild boar, the ban on the release of wild boar and wild rabbits, the conditions for releasing strange animals and the feeding of game. Compensation for game damage by hoofed game, wild rabbits or pheasants is to be provided by the hunting association, or contractually, e.g. B. to be regulated by the hunting tenant. The hunting association's obligation to pay compensation remains as long as the injured party cannot obtain compensation from the lessee. The federal states can regulate the obligation to pay compensation via a game damage compensation fund. Compensation for game damage by game from the enclosure is the responsibility of the person responsible for supervision. The extent of the obligation to pay compensation is calculated from the values ​​as they would appear at the time of harvest. There is no entitlement to compensation for game damage if the injured party does not participate appropriately under certain conditions in accordance with Section 32. Hunting damage is any damage resulting from improper hunting and is liable for compensation. The damage must be reported within one week after the damage has become known and settled amicably or in a determination procedure and only then in an enforcement procedure.

VIII. Section Marketing and Protection of Game

§ 36

Includes the authorization of the federal and state governments to adopt regulations for the sake of Hege, to combat poaching and game handling stolen goods, for scientific reasons or to prevent damage to health by carrion over mark of origin; the possession of game that is strictly protected or subject to protection; in the case of other game, the commercial purchase, sale or exchange, other acquisition or other placing on the market of game.

IX. Section hunting council and associations of hunters

§ 37

In the federal states, hunting councils are to be set up, which must include representatives from agriculture, forestry, hunting cooperatives , hunters and nature conservationists. If the principles of grazing justice are violated, hunters' associations will be involved.

X. Section Penal and Administrative Fine Regulations

Sections 38-42

Anyone who violates certain rules of the BJagdG is punished with imprisonment of up to five years or a fine . Violations of other §§ are administrative offenses that can be punished with a fine of up to five thousand euros, whereby both the confiscation of objects relating to the criminal offense or offense as well as the withdrawal of the hunting license are possible. A prohibition on hunting can also be imposed in connection with another criminal offense or administrative offense if a corresponding penalty has been imposed.

XI. Section final provisions

Sections 43-46

The exercise of the right to hunt on the island of Helgoland and the hunt for waterfowl on the Untersee and the Rhine near Konstanz are regulated in special regulations. The provisions of food law , epidemic law , meat hygiene law and animal welfare law remain unaffected.

To substantive law

literature

  • Johannes Dietlein / Eva Dietlein: Hunting rights from A - Z. Legal dictionary from AZ, BLV-Buchverlag, Munich 2003, ISBN 3-405-16421-4
  • Albert Ebner: The Hunting Law: The Reich Hunting Law of July 3, 1934: Text of the law with implementing ordinance, supplementary ordinances, transitional provisions of the federal states and with other hunting law regulations, Volume 2 . Deutscher Gemeindeverlag, 1935.
  • Ilse Haseder , Gerhard Stinglwagner : Knaurs Großes Jagdlexikon , Augsburg 2000, ISBN 3-8289-1579-5
  • Albert Lorz / Ernst Metzger / Heinz Stöckel, hunting law, fishing law. Federal Hunting Act with ordinances and state law, inland fishing law, fishing license law, sea fishing law. Commentary, 4th edition, Munich 2011, Verlag CH Beck, ISBN 978-3-406-59609-4
  • Harders, The Federal Hunting Act of 1952 and the amendments of 1961 and 1976; Peter Lang GmbH, International Science Publishing House; Edition: 1 (September 22, 2009); ISBN 3-631-59340-6
  • Schuck, Marcus (Ed.): Bundesjagdgesetz, Comment, Verlag Franz Vahlen 3rd edition, Munich 2019

Web links

Individual evidence

  1. ↑ Haseder, p. 426ff.
  2. ^ Josef Bauer: The hunting laws of Prussia. Retrieved July 18, 2014 .
  3. ↑ Paul Leonhardt: The roots of the federal hunting law. Retrieved July 18, 2014 .
  4. ↑ Haseder, p. 428
  5. ↑ RGBl., 1934, I, p. 549 at ALEX Historical legal and legal texts online - an offer from the Austrian National Library .
  6. ↑ footnote: cf. Harders, The Federal Hunting Act of 1952 and the amendments from 1961 and 1976, p. 96ff.
  7. ↑ footnote: cf. Harders, The Federal Hunting Law of 1952 and the amendments from 1961 and 1976, pp. 229ff.
  8. ↑ Tilman Toepfer: Legal security for hunters: three cartridges allowed in the rifle. In: Main-Post . July 20, 2016, accessed August 9, 2016 .
  9. ↑ Judgment on semi-automatic weapons causes a lack of understanding among the hunters. (No longer available online.) In: Deutscher Jagdverband . March 31, 2016, archived from the original on August 9, 2016 ; accessed on August 9, 2016 .
  10. ^ Fn . : coalition agreement between CDU / CSU and SPD, p. 87.
  11. ↑ The prohibition to kill hoofed game, with the exception of wild boar, and game birds at night; night time is the time from one and a half hours after sunset to one and a half hours before sunrise; the prohibition does not include the hunt for gulls, woodcock, capercaillie, black grouse and rackel game.