Concept and Legal Basis of the Hunting License
Definition of the Hunting License
The hunting license in Germany is an official permit that allows a natural person to engage in hunting in compliance with the applicable legal regulations. The Federal Hunting Act (Bundesjagdgesetz – BJagdG) as well as the respective state hunting laws definitively regulate the issuing, prerequisites, scope, and validity period of the hunting license. The hunting license must be distinguished from firearms law, the latter applying separately to the permitted handling of firearms.
Historical Development
The issuance of the hunting license was first introduced in Germany in the 19th century to protect game populations, improve species conservation, and enable authorities to control the safe practice of hunting. With the enactment of the Federal Hunting Act in 1952, regulations on the hunting license became valid nationwide for the first time; however, state-specific provisions must still be observed.
Legal Provisions: Federal Hunting Act and State Hunting Laws
Federal Legal Principles
The Federal Hunting Act provides the legal basis for the hunting license. According to Section 15 BJagdG, possession of a valid hunting license is a mandatory prerequisite for practicing hunting in Germany. The law stipulates requirements, types, duration, fees, and revocation of the hunting license.
State Law Regulations
The practical implementation and administration of the hunting license are carried out by the hunting authorities of the individual federal states, based on their specific state hunting laws. These may contain supplementary provisions regarding the hunting license exam, the amount of fees, age limits, and hunting duties.
Requirements for Issuing the Hunting License
Personal Requirements
To obtain a hunting license, applicants must fulfill certain personal prerequisites:
- Minimum Age: Generally, a hunting license can be issued from the age of 18; a youth hunting license may be applied for from the age of 16 (§ 16 BJagdG).
- Reliability: Proof of hunting and firearms law reliability (no criminal convictions, no abuse of alcohol or drugs).
- Aptitude: Physical and mental aptitude in accordance with §§ 17, 18 BJagdG, evidenced, for example, by a medical certificate.
- Liability Insurance: Conclusion of hunting liability insurance with sufficient coverage.
- Hunting License Exam (“Hunter’s Exam”): Successful completion of an officially recognized hunting license examination, consisting of written, oral, and practical parts.
Examination and Proof
The hunter’s exam is legally required and covers the following subjects:
- Wildlife Biology, Gamekeeping and Hunting Practice
- Firearms Knowledge and Handling
- Nature and Animal Protection Law
- Hunting Law and Firearms Law Basics
Only after passing the exam can the official application for a hunting license be submitted.
Types and Forms of the Hunting License
Types of Hunting License under the Federal Hunting Act
A distinction is made between different types of hunting licenses pursuant to § 15 BJagdG:
- Annual Hunting License: Validity: 1 to 3 years
- Day Hunting License: Valid for one or a maximum of 14 consecutive days (primarily for foreign hunting guests)
- Youth Hunting License: For persons between the ages of 16 and 18; restricted hunting (e.g. accompanied by an experienced hunting supervisor)
Scope of Application
The hunting license is valid only in conjunction with a valid right to hunt (e.g. lease of a hunting ground or permission of the area owner) and is recognized nationwide within Germany. Foreign hunting guests usually require guest hunting licenses issued temporarily, possibly based on international agreements.
Rights and Duties of Hunting License Holders
Legal Powers
Upon issuance of the hunting license, the person obtains the right to hunt and harvest game in a permitted hunting area, subject to closed seasons and species protection regulations. Furthermore, hunting weapons and ammunition may be carried, provided that the required firearms permits have also been obtained.
Obligations and Responsibilities
A hunting license holder is obliged to handle weapons and game responsibly. Statutory duties include:
- Observance of closed seasons and protection regulations
- Compliance with Animal Protection Law
- Careful handling of hunting firearms in accordance with the Weapons Act (WaffG)
- Duty to report game diseases or game damage
- Prevention of endangerment of third parties
- Proof of ongoing hunting liability insurance
Hunting license holders are also subject to continuous reliability checks by the competent authorities. Violations of hunting or firearms regulations can lead to the revocation of the hunting license.
Validity, Fees, and Renewal of the Hunting License
Duration and Renewal
Annual hunting licenses are issued for one, two, or three years and can be renewed upon re-submission of proof of insurance coverage and existing prerequisites. The validity lapses if essential prerequisites are lost, such as firearms law reliability.
Fees
The fees for issuing and renewing the hunting license vary depending on the federal state and type of hunting license. In addition, there are costs for the mandatory hunting liability insurance and the hunter’s exam.
Revocation, Withdrawal, and Suspension of the Hunting License
Grounds for Revocation
A hunting license may be withdrawn or revoked by the authority, particularly if:
- The required reliability or aptitude is lost
- Violations of hunting or firearms law are established
- The compulsory insurance is no longer in place
Revocation also affects firearms licenses and may result in the seizure of all hunting weapons.
Legal Remedies
Legal remedies are available against official measures connected with the refusal, revocation, or suspension of the hunting license under administrative procedural law and the administrative court procedure.
Importance of the Hunting License in the Context of Other Permits
While the hunting license constitutes the legal authorization to practice hunting, separate firearms licenses under the Weapons Act are required for the possession and carrying of firearms and ammunition. The issuance of a hunting license does not automatically entitle the holder to acquire or possess firearms.
Summary
The hunting license in Germany is a comprehensively regulated, officially issued authorization to practice hunting. It is subject to strict federal and state requirements regarding personal aptitude, expertise, and liability insurance coverage. Along with legal powers, the hunting license entails extensive duties and responsibilities. Compliance with hunting and firearms regulations is essential for the continued existence of the authorization. Detailed knowledge of the legal framework is of central importance for the competent and legally compliant practice of hunting.
Frequently Asked Questions
Who is eligible to apply for a hunting license in Germany?
Anyone in Germany who has reached the age of 18 and fulfills the statutory requirements of the Federal Hunting Act (§ 15 BJagdG) can apply for a hunting license. In addition to legal age, these requirements include, in particular, successful completion of the hunter’s exam, personal suitability and reliability according to § 17 BJagdG – for example, the applicant must not have a criminal record or suffer from a serious mental illness. Furthermore, physical fitness must be proven, e.g. by a medical certificate. Proof of valid hunting liability insurance is also required. For young people aged 16 and over, a youth hunting license can be issued under certain conditions, which, however, entails restricted hunting rights.
What documents are required to apply for a hunting license?
To apply for the issuance or extension of a hunting license, various documents must be submitted. These include a medical or official certificate regarding physical and mental aptitude, proof of passing the hunter’s exam (hunter’s certificate or examination certificate), proof of valid hunting liability insurance, and a recent photograph. In addition, a police clearance certificate not older than three months must be provided. Depending on the federal state, additional specific documents may be required, such as proof of participation in further training courses.
For what period is a hunting license issued and how is it renewed?
In Germany, a hunting license may be issued for a fixed term (for one or three years) or as a day hunting license (for 14 consecutive days). The period of validity depends on the applicant’s request and the respective state regulations. Before the license expires, it must be renewed, during which the applicant must submit renewed proof of reliability, aptitude, and liability insurance. The responsible lower hunting authority re-examines the legal requirements for the applicant before renewal.
Are there restrictions regarding the firearms license and the acquisition of ammunition with the hunting license?
Possession of a valid hunting license entitles the holder to acquire and possess hunting firearms and corresponding ammunition within the framework of firearms law (§ 13 WaffG). After obtaining the hunting license, a firearms license may be applied for, but the law requires further conditions, such as a firearms test and proof of reliability. Hunting with firearms is only permitted with a valid hunting license, as is the acquisition of ammunition. However, carrying and transporting firearms are subject to separate statutory provisions under the Weapons Act.
Who is responsible for issuing and overseeing hunting licenses?
The issuance and control of hunting licenses in Germany is carried out by the lower hunting authorities, usually located at district offices or city administrations. These authorities are not only responsible for issuing licenses, but also for monitoring compliance with the statutory requirements, renewal, and, if necessary, revocation of hunting licenses. To this end, they cooperate with other authorities, such as those responsible for firearms law, the police, and public health offices, in order to ensure the reliability and suitability of applicants.
Under what circumstances can a hunting license be revoked or denied?
A hunting license can be revoked under § 18 BJagdG or its issuance/renewal denied if there are facts that raise doubts about the personal reliability or suitability of the holder. Reasons for this may include, in particular, serious criminal offenses, firearms law offenses, alcohol or drug addiction, severe mental illness, or violations of hunting regulations. Missing insurance coverage or entries in the Federal Central Register can likewise lead to revocation. The responsible authority is obliged to initiate an administrative procedure if there is any suspicion of unreliability or unsuitability. A corresponding official decision must be served to the license holder, who can appeal it by legal remedies.
What hunting obligations arise for holders of a hunting license?
Possession of a hunting license entails extensive obligations. Holders are required to comply with all relevant federal and state hunting as well as animal protection regulations. These include, among others, keeping a firearm logbook, conducting the hunt in a fair and sportsmanlike manner, observing closed seasons, the prohibition of certain hunting methods, and the immediate reporting of the acquisition or loss of firearms to the competent authorities. Furthermore, hunting license holders are required to report wildlife diseases and other special incidents. Violations of these duties may result in the withdrawal of the hunting license or further legal consequences.
