Term and legal basis of hunting practice
Die Hunting practice refers to the right and actual exercise of hunting for wildlife in a specific area in compliance with legal regulations. Hunting practice in Germany is comprehensively regulated and is subject to the Federal Hunting Act (BJagdG), the respective state hunting laws, as well as other relevant provisions, for example from species and nature conservation law.
Definition and significance
Legally, the term hunting practice is defined in Section 1 (4) BJagdG. It states: “Hunting practice is searching for, pursuing, killing, and capturing game in compliance with applicable legal regulations.” Hunting practice not only includes the immediate killing or capturing of wildlife but also preparatory and accompanying activities, such as establishing wildlife fields, distributing feed (where permitted), installing or removing hunting facilities, and wildlife population management.
Hunting rights and hunting right holders
Hunting rights
Das Hunting rights refers to the right to exercise hunting on a specific area. It must essentially be distinguished from the so-called “hunt” (the actual exercise) and, under German law, is a right attached to land ownership (§ 3 BJagdG). The hunting right is granted to the owner of a contiguous estate of at least 75 hectares, but the actual exercise is subject to binding legal regulations. For smaller areas, the hunting right is exercised collectively in the form of hunting cooperatives.
Hunting right holders
Hunting right holders are those individuals or entities to whom the hunting right is assigned. This can be the owner themselves, a hunting tenant, or an agent authorized by the hunting right holder. A valid hunting license (§ 15 BJagdG) and, where applicable, the necessary permission from the hunting right holder are always required.
Legal requirements for hunting practice
Hunting license
Hunting may only be exercised with a valid hunting license (§ 15 BJagdG). The hunting license is issued by the competent authority and is contingent on passing a hunting examination, personal reliability, and proof of hunting liability insurance.
Hunting permits and lease agreements
In addition to the hunting license, the approval of the hunting right holder is necessary in many cases. This often takes place in the context of a hunting lease agreement, in which the hunting right is transferred to third parties for a specific period. The minimum lease duration and other formal requirements are regulated by law.
Scope and limits of hunting practice
Legal restrictions
Hunting practice is subject to numerous legal restrictions, in particular from species protection law, animal welfare law, weapons law, and wildlife management regulations. Major limitations include closed seasons, fixed hunting periods, as well as special bans and protection regulations for certain species (§ 22 BJagdG).
Legal requirements regarding weapons
To exercise hunting, the possession and carrying of hunting weapons are required. In addition to the hunting license, a gun ownership card (WBK) is typically required, as well as compliance with the German Weapons Act (WaffG).
Conservation measures and conservation duty
With hunting practice comes an obligation to conserve. Conservation is intended to protect and promote a diverse and healthy wildlife population and maintain its habitat (§ 1 (2) BJagdG). This also includes measures to prevent wildlife damage and taking into account the interests of nature conservation and landscape management.
Practical aspects of hunting
Forms of hunting practice
The most important forms of hunting practice are stand hunting, stalking, driven hunting, and battue. The choice of hunting form depends on the species, territory structure, season, legal requirements, and hunting objectives.
Accompanying activities
Accompanying activities include checking hunting facilities, participating in conservation measures, complying with safety regulations, reporting shot game, and keeping hunting journals.
Protective regulations and liability
Protective regulations must be observed during hunting practice to avoid endangering third parties. Those engaging in hunting are obliged to respect the legitimate interests of others (in particular landowners and lawful users). Violations of hunting regulations can result in administrative offenses, criminal consequences, or revocation of the hunting license. The requirement for hunting liability insurance protects third parties who suffer damages.
Special features and divergent regulations
Exempted areas
According to § 6 BJagdG, built-up areas, fenced parks, and other specially designated areas are excluded from hunting practice (so-called exempted areas). Exceptions exist only for officially ordered culling for reasons of danger prevention or disease control.
Special provisions under state law
Due to the concurrent legislative competence of the states, there are numerous state-specific regulations, such as those concerning hunting periods, minimum sizes for privately owned hunting districts, or prohibitions of certain hunting methods. The states may also impose additional restrictions in the interest of species or nature conservation.
Distinction from related terms
Hunting right and hunting law
Hunting right must be distinguished from hunting law. While hunting law encompasses the right to conserve, hunt, and appropriate game on a property, hunting right refers to the right to actually exercise this hunting law independently on a given area.
Pursuit of game and rights of access
When exercising hunting, the provisions on pursuit of game (§ 22a BJagdG) must be observed. These govern the tracking and recovery of wounded or injured game beyond boundary lines. The rights of property owners and the limits of domestic authority must be respected in the process.
Literature and further provisions
The regulations on hunting practice are found primarily in the Federal Hunting Act as well as in the respective state hunting laws. Additionally, the Animal Protection Act, the Nature Conservation Act, the Federal Forest Act, the Weapons Act, and further specialized laws must be considered.
Summary
Hunting practice constitutes a comprehensive area of law that touches on many aspects of environmental, nature and animal protection, as well as property and weapons law. It requires certain legal prerequisites and is associated with extensive duties and responsibilities. In addition to the actual hunting, hunting practice also encompasses preparatory and accompanying measures as well as strict compliance with legal requirements. Due to numerous federal and state regulations, the specific content and limits of hunting practice must always be determined in light of the individual case and current legal situation.
Frequently asked questions
What legal requirements must be met to practice hunting?
In order to actually hunt in Germany, several legal requirements must be met. First, it is absolutely necessary to pass a hunting examination, commonly referred to as the ‘hunting license examination.’ This includes a written and oral test, as well as a practical section in marksmanship. Upon successful completion, a hunting license can be applied for at the relevant regulatory office, and is typically issued for one or three years. Furthermore, proof of adequate hunting liability insurance is required, covering damages that may arise in connection with hunting. Hunting lease arrangements are common, as hunting practice is fundamentally tied to the hunting district system: The hunting license holder must either be the owner of a private hunting district or have the formal permission of the right holder (lessee or private district owner) to hunt. Special provisions apply to hunting guests, who may be granted permits limited in time and scope. Additionally, weapons regulations must be observed, particularly regarding eligibility to acquire and carry hunting weapons. Breaches of these legal requirements can be punished with substantial fines or even imprisonment.
When and where may hunting be carried out according to the law?
The Federal Hunting Act and the respective state hunting laws regulate the temporal and spatial limits of hunting practice. Hunting is always tied to the respective hunting district, which can either be a private hunting district (at least 75 hectares of contiguous land, forest, or fisheries exploitable land owned by one owner) or a communal hunting district (several adjacent, smaller plots). Outside hunting districts, especially in exempted areas such as settlements, parks, cemeteries, or nature reserves, hunting practice is legally excluded or only narrowly permitted. Additionally, so-called hunting and closed seasons must be observed: for each wild species, depending on the federal state, specific periods are set during which hunting is explicitly allowed or prohibited. During closed seasons, hunting practice for these species is generally forbidden, with exceptions permitted only by official shooting permits, for example for danger prevention or disease control. Furthermore, regulations apply for night hunting and the use of artificial light sources, which are mostly prohibited or strictly regulated.
What legal requirements exist regarding weapons and ammunition in hunting practice?
The carrying, possession, and use of hunting weapons are strictly regulated by law in Germany and are subject to both the Federal Hunting Act and the Weapons Act (WaffG). Only individuals with a valid hunting license and a firearms permit may acquire, possess, and carry hunting weapons and suitable ammunition. Weapons must be kept regularly in a legally prescribed secure container (e.g. a gun safe of security level 0 or 1) and must never be handed over to unauthorized persons during hunting practice. There are specific regulations regarding which calibers and types of ammunition are permitted for different species (e.g. minimum caliber for hoofed game, bans on lead ammunition in certain protected areas). Firearms may only be loaded and carried within the hunting area, and solely for hunting or practice purposes (e.g. shooting range). Devices to enhance night vision (night vision devices) are restricted and may only be used with official authorization. Failure to comply with these requirements constitutes a criminal offense and may result in the revocation of the hunting license and weapons law reliability.
What duties exist in the killing of game (e.g., duty to track wounded game, reporting)?
After killing game, a variety of mandatory legal obligations apply. According to Federal Hunting Act § 23a, there is an immediate duty to track wounded game if an animal does not die immediately after being shot, to prevent unnecessary suffering (‘humane hunting’). The search must only be abandoned if the animal cannot be found or there is no hope of success. If the animal appears sick or injured and cannot be immediately killed, the hunting right holder must be informed of the situation. There are also reporting obligations, especially for certain species (such as wild boar in connection with African swine fever, wolf, lynx), where the kill must be reported to the competent authorities (lower hunting authority, veterinary office). It is required that the killed game undergo a meat inspection (trichinae inspection for wild boar, inspections under EU food law) before it may be placed on the market or consumed. In the event of accidental killing of protected or non-huntable species, severe penalties may apply, so timely notification of authorities is mandatory.
What legal requirements apply to the handling of hunting dogs?
The Federal Hunting Act and supplementary state hunting laws mandate the use of reliable hunting dogs in many situations, especially for game tracking, during driven hunts, and for waterfowl hunting. These dogs must have demonstrated their suitability in a special test covering various hunting disciplines (e.g. retrieving, tracking, retrieving from water). During the hunt, it must always be ensured that dogs are under the control of the hunter and do not pose a danger to wildlife, people, or other animals. For certain types of hunting and territory sizes, a minimum number of dogs is legally prescribed. Violations of the obligation to use dogs can, depending on the federal state, be punished with fines and, in serious breaches, can result in a ban on hunting practice in certain areas.
What must be observed legally regarding hunting guests and the organization of driven hunts?
Inviting hunting guests and organizing driven hunts (e.g. battue, drive hunt) are subject to strict legal requirements. Hunting guests must hold a valid hunting license recognized in Germany and sufficient insurance coverage. The host (hunting right holder) is responsible for compliance with all hunting, animal welfare, and firearms law during the entire driven hunt. Registration with the relevant lower hunting authority is mandatory before a driven hunt; details regarding time, place, number of participants and the participation of hunting horn blowers and dog handlers must be provided. There are special regulations for handling firearms, for example, a general ban on the use of semi-automatic rifles with more than two rounds in a magazine during communal hunts. Regulations on alcohol prohibition and the personal suitability of participants must be observed. Furthermore, the hunting right holder is liable for offenses committed by their guests and, if non-compliant, must expect criminal or civil consequences.
What penalties apply for breaches of hunting law?
Violations of hunting law regulations can result in significant penalties. Minor offenses, such as hunting outside permitted seasons, are generally treated as administrative offenses and punished with fines. Serious violations, such as hunting without a valid hunting license or the unauthorized use of firearms, can be prosecuted as criminal offenses with imprisonment or monetary fines. Violations of animal welfare regulations, such as causing unnecessary suffering or failing to search for wounded game, regularly lead to unreliability under hunting and firearms law; this may result in the revocation of the hunting license and firearms permits. In addition, third parties (e.g., in the case of property damage or personal injury) may assert claims for damages against the hunter. In cases of violations during driven hunts or involving hunting guests, liability extends to the persons in charge or organizers. Repeat offenders are prosecuted particularly strictly and may be subject to a permanent hunting ban.
