Hunting Law (Germany)

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Objective hunting law is a legal area of public law in Germany and includes all legal norms that deal with hunting in Germany . It is to be distinguished from the subjective right to hunt , which is also referred to as the hunting right and is linked to property.

history

The core of substantive hunting law in Germany - the inseparable connection between hunting and property - is a legacy of the German revolution of 1848/49 . Today's substantive hunting law is based on the Federal Hunting Act , which came into force in its first version on April 1, 1953 and largely adopted the provisions of the Reich Hunting Act of 1934, as well as the state hunting laws, the importance of which was significantly strengthened by the introduction of a derogation legislation in 2006 by the states .

Applicable hunting law

Federal and State Hunting Laws

According to Article 74, Paragraph 1, No. 28 of the Basic Law , the federal government has the right to compete legislation in the field of hunting . In exercising this legislative competence, the federal government issued the Federal Hunting Act (BJagdG). In addition, there are state hunting laws in all federal states. As part of the derogation legislation, the states have the option of deviating from the old federal hunting law with new state hunting laws. Several countries have made use of the regulation and passed amendments to hunting law. European law also has an influence on German hunting law, e.g. E.g. through the Birds Directive or the Fauna-Flora-Habitat Directives, decisions of the ECJ or decisions to pacify hunting areas for ethical reasons.

The Federal Hunting Act , the State Hunting Acts and the corresponding implementing ordinances contain all the rules relating to hunting. These include regulations on hunting and closed seasons , animals that can be hunted , permitted hunting methods and stipulate who is allowed to hunt when, what, where and how. For example, with a few exceptions, such as hunting wild boar , night hunting is prohibited. It is worth mentioning in this context that numerous game species have been spared differently in the various countries for many years. H. have no hunting seasons. Nevertheless, the hunting license is valid nationwide.

In contrast to the legal pursuit of hunting, the criminal offense of poaching denotes the pursuit, catching, killing or appropriation of game in violation of another person's hunting rights or hunting rights. Likewise, a poacher is someone who appropriates, damages or destroys something that is subject to hunting law. As an example: A piece of game is run over and taken home as alleged compensation.

Hunting rights and property

In Germany, the subjective right to hunt, i.e. the right to hunt, is inseparably linked to property . The distinguishable from the subjective right to hunt hunting law , ie the right to practice hunting activities is associated with a minimum size of contiguous real property.

Hunting district

The exercise of the right to hunt only in the even hunting ground called hunting licenses allowed. The holders of the right to hunt, such as owner and leaseholder of hunting, are referred to as persons entitled to hunt or territory owners. With the exception of pest control , hunting is only permitted outside of enclosed areas (e.g. residential properties, gardens, etc.). All areas within a hunting district belong to it.

Own hunting district

Coherent real estate of sufficient size forms a private hunting district (e.g. according to BJagdG 75 ha, deviating from this in Bavaria 81.755 ha, in the high mountains 300 ha). The owner or sole beneficiary of a private hunting district is authorized to hunt . He can hunt there himself (personally, if he has a hunting license, by employed hunters and by issuing hunting permits) or lease the own hunting district to a hunter who can lease .

Community hunting district and hunting association

Areas that are too small for a private hunting district are, by law, amalgamated in a communal hunting district and managed by a hunting association in which the owners concerned are grouped together. The hunting association as a whole entitled to exercise the right to hunt in the community hunting district created in this way can be exercised (by employed hunters) or leased analogously to the private hunting district.

Compulsory membership and pacification for ethical reasons

Hunting on the property may not be carried out against the declared will of the landowner, even if the area is below that for private hunting.

The Grand Chamber of the European Court of Human Rights (ECHR) ruled on June 26, 2012 that it is against human rights if property owners in Germany are obliged to compulsorily join a hunting association and to tolerate hunting on their property, even though the hunt contradict their own ethical ideas and morals . The federal government then submitted a draft law that implements the requirements of the European Court of Human Rights, but sets the hurdles for pacification on ethical grounds very high in order to maintain proper hunting. The law was adopted by the Bundestag in 2013.

Hunting guest

The hunting guest, who must also have a valid hunting license, goes hunting in his area at the invitation of another hunter (owner of the hunt, leaseholder). This right to hunt can in turn be granted against payment or free of charge. The invitation is usually in writing and is worded in such a way that it counts as a hunting permit. However, there is nothing wrong with the person who is authorized to hunt and invites a hunter friend orally and lets him hunt as long as he can be there himself in a few minutes.

Hunting permit

The holder of a hunting license is a hunter with a valid hunting license and has received a written hunting license, a hunting license, which can be issued for a fee or free of charge, from an owner of the hunt or lessee. This gives him the opportunity to hunt in his master's territory. He is not authorized to hunt, but has the permission to hunt by the authorized person in his / her absence.

The holder of a free hunting permit ("inspection certificate") is a hunting guest in the area in the legal sense . The holder of a paid hunting permit is also a hunting guest in the legal sense. However, it is counted towards the maximum number of hunting tenants like this. Only the leaseholder is entitled to appropriation of items that are subject to hunting law. The hunting guest takes possession of them for the hunting tenant. Game delivery can be agreed (e.g. "1 buck, 1 doe, 2 fawns"). However, if such regulations are formulated too comprehensively (e.g. "all deer that may be shot according to the shooting plan"), there is a risk that it will not be a paid hunting permit, but a sublease, which gives rise to further rights and obligations surrender.

In federal or state forests, a hunting permit is often issued for a part of the area (stalking or conservation area). This is not a hunting lease, but a hunting permit. Even if the stalking district hunter hunts alone in his stalking area all year round and enjoys extensive freedom, his legal position is that of a hunting guest.

Hunting protection authorized

In addition to the competent public authorities, both the owner of the hunt and the leaseholder of a joint hunt are authorized to exercise hunting protection in their hunting grounds as the sole authorized hunter in a hunting area . This, a can gamekeepers are employed, which must be confirmed by the competent authority. The person authorized to practice hunting can delegate hunting protection tasks to hunting guests, but is responsible for the actions of the hunting guests in this area. Hunting protection is not permitted to a hunting guest without express permission .

Hunting protection is regulated in the Federal Hunting Act and consists of protecting wild animals from poaching , food shortages and wild epidemics as well as from poaching dogs and cats. In addition, care must be taken that the regulations issued for the protection of game and hunting are complied with.

Each federal state can further develop hunting protection in its hunting law . While the Federal Hunting Act, for example, stipulates that game is to be protected from food shortages, state laws often regulate the seasons of the year feeding is permitted, the weather conditions that must be present, how much and what can be fed, and the like.

Confirmed game overseers who are professional hunters or forestry trained have the rights and duties of police officers in the area and the powers of an investigator from the public prosecutor's office . You are allowed to stop people and determine their personal details if they hunt unauthorized or violate hunting regulations. They are allowed to steal game, weapons, fishing gear, dogs or ferrets from them .

Under certain conditions, those entitled to hunt protection may kill dogs and domestic cats that are poaching . Different regulations in the hunting laws of the federal states must be taken into account, with some states for example completely prohibiting the killing of cats.

Hunting lease

You can only become a hunting tenant if you have had your hunting license for more than three years (in Saxony, this requirement has not been applicable since 2013 according to the State Hunting Act). Once the hunter has acquired this lease ability, he can lease a hunting ground alone or together with other hunters. The contract must be concluded in writing and submitted to the hunting authority. The minimum lease period is usually set by (state) law and is now usually ten years, previously nine years for small game areas and twelve years for large game areas. The size of an individually leased area is restricted by state law. Everything else - for example the form of game damage regulation - is freely negotiable. With the lease, the landowners grant the hunting tenant the right to hunt.

Compulsory hunting

In countries in which the right to hunt is an outgrowth of property and which thus maintain the hunting district system (e.g. Germany, Austria, Luxembourg), all areas that are not excluded from hunting as pacified areas are part of a hunting area . Such regulations, which encroach on property rights, have led in recent years to appeals and lawsuits from landowners who oppose hunting for ethical reasons.

The German Federal Constitutional Court rejected a constitutional complaint in this matter in 2006 on the grounds that the complainant's fundamental rights had not been violated because he did not have to take part in the hunt himself. There was no conflict of conscience because the landowner had no decision-making authority here. In January 2011, an opponent's complaint against compulsory membership in the hunting association failed before the European Court of Human Rights. In the justification it was stated, among other things, that hunting serves to control the game population and thus also to avoid game damage and helps to preserve biodiversity. The right to private property of the plaintiff is not violated. After the case had been referred to the Grand Chamber at the applicant's request in June 2011, the European Court of Human Rights ruled on June 26, 2012 that such a fundamental, obligatory tolerance of the hunt was unreasonable and for property owners who refuse to hunt represent a disproportionate burden.

In response to the judgment of the ECHR, the Bundestag passed an amendment to the Federal Hunting Act, which complied with the court's demands and which came into force on December 6, 2013. According to the new regulation, every landowner, who must be a natural person , must demonstrate his ethical understanding before a court decision is made in individual cases.

literature

Governing Law

  • Marcus Schuck: Federal Hunting Act . 1st edition. Vahlen, 2010, ISBN 978-3-8006-3644-0 .
  • 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. Comment. 4th edition, Verlag C. H. Beck, Munich 2011, ISBN 978-3-406-59609-4 .
  • Johannes Dietlein, Judith Froese (ed.): Hunting property (= library of property ). Volume 17. Springer-Verlag, 2018, ISBN 978-3-662-54771-7 .
  • Johannes Dietlein, Eva Dietlein: Hunting rights from A – Z. Legal dictionary from A – Z. BLV-Buchverlag, Munich 2003, ISBN 3405164214 .
  • Detlev Czybulka: Need for reform of hunting law from the point of view of harmonization with the European and international law of biodiversity and species protection . In: Natur und Recht 28 (1), pp. 7-15 (2006), ISSN  0172-1631

Lexicons

Web links

Wikisource: Criminal Code for the German Reich, Section 117, Section 292, Section 295, Section 361 Paragraph 9, Section 368 Paragraph 9, 10 (1876)  - Sources and full texts

Individual evidence

  1. ↑ Michael Sachs: Distribution of legislative powers for questions of hunting between the federal and state governments . In: Johannes Dietlein, Judith Froese (ed.): Hunting property (=  library of property ). tape 17 . Springer-Verlag, 2018, ISBN 978-3-662-54771-7 , pp. 105 ff .
  2. ↑ Amendment of the State Hunting Act NRW - "Ecological Hunting Act" - The most important questions and answers - Ministry for the Environment, Agriculture, Nature and Consumer Protection of the State of North Rhine-Westphalia (MULNV NRW). (PDF) In: Landesjagdverband Nordrhein-Westfalen. May 29, 2015, p. 1 f. , accessed January 27, 2019 .
  3. ↑ BJagdG § 6a pacification of land for ethical reasons.
  4. ^ Judgment of VG Aachen, February 23, 2016, 3 K 1667/14.
  5. ↑ zeit.de: Gunfire for the hunter lobby .
  6. ↑ Federal Ministry of Food, Agriculture and Consumer Protection: Draft of a law amending hunting regulations ( memento of the original of January 24, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.bmelv.de
  7. ↑ BJagdG amendment of the Federal Hunting Act Article 1 changes mWv. December 6, 2013 BJagdG § 6a.
  8. ↑ Section 25 (2) BJagdG
  9. ↑ a b BVerfG, decision of December 13, 2006 , Az. 1 BvR 2048/05, full text.
  10. ↑ a b SE:  Hunting system is not a violation of human rights . In: jagderleben.de , January 20, 2011, accessed on July 5, 2011.
  11. ↑ Herrmann v. Germany, June 26, 2012, complaint number 9300/07 .
  12. ↑ Amendment to the BJagdG comes into force today. In: Deutscher Jagdverband , December 6, 2013. Retrieved April 23, 2017.
  13. ↑ Change of law: No hunting in my forest. In: Aachener Zeitung. May 23, 2014, accessed January 14, 2019 .