Concept and Principles of Hunting Law
Hunting law is a subfield of German public law and regulates the use, exercise, and management of wildlife populations in the open countryside. It encompasses all regulations relating to the care, hunting, protection, and use of wild animals as well as associated activities and legal relationships. Hunting law is primarily anchored in the Federal Hunting Act (BJagdG) and in the respective state hunting laws.
Definition of Terms
According to Section 1 (1) BJagdG, hunting law is the “exclusive right to care for, hunt and acquire the right of appropriation to game on a specific property,” unless other provisions provide otherwise. The legislature has tied the hunting right to land ownership—hence it is referred to as a “right attached to land and soil.” This connection is governed by Section 3 BJagdG.
Sources of Hunting Law
Hunting law is primarily based on:
- Federal Hunting Act (BJagdG)
- State Hunting Laws (LJagdG)
- other relevant regulations such as the Nature Conservation Act, Animal Protection Act, Weapons Act, and Criminal Code
In addition, implementing regulations and administrative provisions play a supplementary role.
Relationship to Property Rights
Hunting law constitutes a public-law provision regarding the content and limitations of property rights under Article 14 of the Basic Law. According to Section 3 BJagdG, the hunting right belongs to the respective landowner, but its exercise is subject to further conditions (e.g., minimum size of the hunting district and assignment to hunting associations). The legal distinction between hunting rights themselves and the actual exercise of hunting is of considerable importance.
Structure of Hunting Law
1. Hunting Law in the Subjective and Objective Sense
- Subjective Hunting Law: The right to hunt on a specific area and to secure the right of appropriation to the game.
- Objective Hunting Law: All public law rules and regulations regarding the exercise of hunting and wildlife management.
2. Hunting Districts and Hunting Associations
Private Hunting District
A private hunting district arises when contiguous land areas of an owner reach the statutory minimum size (generally at least 75 ha). In this case, the owner has the right to exercise hunting personally and may transfer the right to third parties (leasing).
Joint Hunting District and Hunting Association
Areas below the stipulated minimum size are, by law, combined into joint hunting districts, which are managed by a hunting association. This is a public-law corporation whose members are the landowners. The hunting association can allocate the exercise of hunting to a hunting lessee.
Rights and Duties of the Authorized Hunter
Duty of Care (Wildlife Management)
According to Section 1 (2) BJagdG, the holder of the hunting right is obliged to engage in wildlife management. The goal is to maintain a diverse and healthy wildlife population and to prevent damage to agricultural and forestry land.
Hunting Rights (Right to Hunt)
The actual exercise of hunting is the responsibility of the authorized hunter, who must usually hold a valid hunting license, be qualified to handle hunting weapons, and be legally permitted to do so.
Obligations to Prevent Wildlife Damage
Hunting law imposes various duties on the entitled party, including damage prevention—such as by planning culls (cull plans for hoofed game), taking measures against game damage, and promoting a balanced wildlife population.
Hunting License and Admission Requirements
Actual hunting activity requires, according to Sections 15 ff. BJagdG, possession of a valid hunting license. Granting the license is subject to passing a hunter’s examination, personal reliability, and corresponding liability insurance.
Huntable and Non-huntable Animal Species
Hunting law regulates which wild animal species are subject to the protection and management aims of hunting law (“game”) and are therefore huntable. The classification of animal species as well as the setting of closed seasons and minimum cull numbers are determined by law and regulation; non-huntable species are subject to other protection regimes such as nature conservation law.
Interventions in Hunting Rights and Property
Hunting law is subject to public interest reservations. It may be restricted or revoked by administrative measures, for example in protected areas (national parks, biosphere reserves), construction projects, expropriation, or violations of hunting law provisions. In particular, interventions for environmental and nature conservation purposes as well as public safety are possible.
Particularities in Hunting Law
Hunting Lease
The leasing of hunting districts is permitted in accordance with the BJagdG and state provisions. The extent, admission requirements for the lessee, and duration of the hunting lease are regulated by law.
Cull Plans and Wildlife Management
The authority sets cull plans for certain game species to regulate game populations. Non-compliance leads to legal consequences under hunting law, such as requirements and fines.
Hunting Ban and Suspension of Hunting Rights
Hunting rights can be suspended, for example as a result of revocation of the hunting license, for ethical reasons (e.g., violation of animal welfare), or by operation of law (e.g., in the core zone of a nature reserve).
Hunting and Weapons Law
Hunting law is closely related to weapons law. Acquisition and possession of hunting weapons require a valid hunting license and compliance with weapons law reliability. Relevant regulations can be found in the Weapons Act.
European and International References
German hunting law is influenced by European and international provisions, in particular by the Habitats Directive (Flora-Fauna-Habitat Directive), the EU Birds Directive, and international agreements on species protection. These provisions can impose restrictions or grant exceptions to national hunting law.
Criminal and Regulatory Offenses in Hunting Law
Violations of hunting law can be prosecuted as criminal offenses (e.g., poaching, Section 292 Criminal Code) or as administrative offenses. Depending on the gravity of the offense, fines, revocation of the hunting license, or criminal penalties may follow.
Summary
Hunting law regulates the legal framework for the management and hunting of wild animals, with particular attention to species protection, sustainable use, and balancing interests between landowners, hunting-right holders, and the general public. It is characterized by a complex legal structure that combines public, private, and criminal law provisions and is significantly influenced by environmental, nature protection, and international regulations.
Frequently Asked Questions
Who is authorized to hunt under hunting law?
In Germany, only those who possess a valid hunting license are generally authorized to engage in hunting. The hunting license is an official document issued by the relevant hunting authority after successful completion of the hunter’s examination. Additionally, the holder must have the right to hunt on their own or be permitted to hunt by someone with the required legal authority, for example as a recognized hunting lessee or as an appointed hunting guest with written hunting permission. The right to hunt is usually held by the owner or authorized user of a contiguous property meeting certain minimum size requirements (private hunting district from 75 hectares, joint hunting district from 250 hectares). For the actual exercise of the right, taking out hunting liability insurance is legally required.
What legal regulations apply to hunting in protected areas?
Hunting in protected areas is subject to special restrictions set forth in various laws, including the Federal Nature Conservation Act (BNatSchG), state nature conservation laws, and special regulations pertaining to specific nature or landscape protection areas. Hunting is often either completely prohibited or heavily restricted there, for example by closed seasons, limited weapon choices, or restriction to certain game species. The specific protection area regulations often include additional requirements, such as mandatory coordination with the relevant nature conservation authority or special measures to avoid disturbance of protected animal and plant species. Violations can lead not only to fines but also to criminal sanctions.
What duties do hunting lessees have under hunting law?
Hunting lessees are obliged under the Federal Hunting Act and state law to manage the entrusted hunting district properly. This includes, in particular, the duty of care, which provides for sustainable use of wildlife populations as well as the preservation of habitats and biodiversity. Hunting lessees must comply with cull plans, prevent or compensate for wildlife damage, and ensure hunting is carried out in accordance with animal welfare standards. Furthermore, they must observe statutory closed seasons, report game that has been killed in certain cases, maintain the hunting logbook, and be responsible for hunting protection measures. Breaches of these duties can lead to sanctions such as fines, claims for damages, or, in extreme cases, revocation of the hunting lease agreement.
What are the particularities regarding the probationary hunting license?
The so-called ‘probationary hunting license’ (‘revocable hunting license’ or ‘junior hunter’s license’) is often issued to first-time holders after obtaining the hunting license. It is generally valid for one year and subject to extensive conditions, including the requirement to hunt under the guidance of an experienced hunter (mentor). The aim is to gain practical experience and learn responsible hunting practices. During the probationary period, violations of hunting law are assessed particularly strictly and can lead to immediate withdrawal of the hunting license. The requirements for issuance also include in this case the successful completion of the hunter’s examination and holding hunting liability insurance.
How are cull plans established and monitored?
Cull plans are prepared annually according to the relevant state law provisions and approved by the hunting authorities. They specify for certain game species, especially hoofed game (e.g., roe deer, fallow deer, red deer), minimum and maximum cull numbers aimed at maintaining a game population adapted to agriculture and forest management. Cull plans are usually set taking into account the wildlife damage situation and forestry objectives, after consultation with forest owners and authorized hunters. The hunting authority monitors compliance through game records and, if necessary, spot checks in the hunting district. Violations of cull plan requirements may result in administrative measures, such as withdrawal of the hunting license or compulsory culls.
What are the legal consequences of poaching and other violations of hunting regulations?
Poaching, meaning the illegal, unauthorized exercise of hunting, constitutes a criminal offense under Section 292 of the Criminal Code (StGB), punishable by imprisonment of up to three years or a fine. Criminal acts include, in particular, hunting without a license, on someone else’s property without permission, or outside lawful times. Offenses such as taking protected or non-huntable species, exceeding legal cull limits, or using prohibited hunting methods may also result in criminal, regulatory, or civil law consequences. Further penalties include revocation of hunting permits, prohibition on weapon licenses, and claims for damages by injured parties, for example for wildlife damage or unlawfully hunted animals.
What regulations exist regarding wildlife damage?
Under the Federal Hunting Act, authorized hunters are liable for wildlife damage to agricultural and forestry areas within their hunting district. The compensation obligation applies particularly to damage caused by hoofed game, rabbits, and pheasants to certain crops. The extent of the damage is generally determined by a wildlife damage assessor appointed by the municipality. Liability initially falls upon the authorized hunter, while hunting associations (the owner community of landowners in the hunting district) can be jointly liable under statutory provisions if the hunting lessee fails or the damage is not fully compensated. Legal remedies, in particular civil action before the ordinary courts, can be taken within specified deadlines against a set compensation.
