Livestock
The term live-keeping comes from angling and describes the keeping of angled fish in suitable containers until the end of the fishing period.
Up until the beginning of the 1990s, it was quite common to initially keep fish that had been caught alive and only to kill them when the hide was closed. Today, however, the keeping of fish that has been caught is an exception, according to the legislative intention. For example, § 17 I 1 BayAVFiG stipulates that the keeping of caught fish is "to be restricted to the shortest possible duration". Cause the Lebendhälterung has declined significantly in recent years in the Anglo fishing practices, and the case law has contributed to the Keepnet was that commonly used to Lebendhälterung and is used panelist as to animal protection law under certain circumstances, with the result that against Fines and penalties were imposed on users of keep nets. In addition to the keep net, the so-called carp sack and simple buckets and buckets can also be used to keep them alive .
Keep net
The keep net was significantly pushed back by two Düsseldorf court decisions. The District Court of Düsseldorf classified the keeping of fish caught in a keep net as animal cruelty according to Section 17 No. 2 b TierSchG . The Higher Regional Court of Düsseldorf followed this legal view and affirmed the fact of cruelty to animals. According to the Higher Regional Court, fish kept in a keepnet would cause “long-lasting considerable suffering”. However, the court also limited criminal liability by stating that the precondition for criminal liability was that the duration of the detention should not only be “very short-term”. As a result of these decisions, even if not explicitly prohibited by law in most countries, most anglers no longer ran the risk of being exposed to criminal prosecution by using keep nets. Today there is agreement - both in the anglers, legislation and judiciary - that if keep nets are used, they must be made of "knot-free textiles" and "sufficiently spacious" in order to protect the fish being kept.
bucket
The keeping of bait fish in a bucket was now under certain conditions as animal cruelty according to Section 17 No. 2 b TierSchG . The Hanover District Court sentenced an angler to a fine who kept around 60 roaches in a bucket in seven liters of water at a temperature of around 10 ° C for at least three hours. In the opinion of the court, the angler, by keeping the fish alive in the manner described without an adequate supply of oxygen, caused this “long-lasting considerable suffering” i. S. d. Section 17 No. 2 b TierSchG added. The inadequate oxygen supply was supported by an expert report, which stated that the amount of oxygen present could not have been sufficient for the duration of the keeping even under optimal keeping conditions.
Carp sack
Whether it is permissible to keep caught fish in the so-called carp sack cannot be assessed in a binding manner; there is currently no case law. In the light of the above-cited decision, however, it must be assumed that long-term living in a carp sack will also be classified as illegal and contrary to animal welfare.
See also
literature
- Kathrin Bünnigmann: On the admissibility of keeping alive when fishing: "I have a big fish on the hook - then in the keep net" . In: Natur und Recht 2014, pp. 176–180
Web links
- Bavarian Fisheries Act (BayFiG) in the version announced on October 10, 2008. Bavarian State Chancellery, accessed on June 18, 2014 .
- Association for Fishing and Water Protection in Baden-Württemberg eV: Requirements for animal welfare-friendly fish keeping in keep nets 2002
- Hermann Drosse: On the legal assessment of "Fischfrevel" 2001