Concept and Significance of Game Protection
Der Game Protection is a central concept of German hunting law and refers to the legally regulated measures and powers for the preservation of wildlife populations, the prevention of wildlife damage as well as the protection of hunting activity and property in game. Game protection is regulated in the Federal Hunting Act (BJagdG) as well as in the respective state hunting laws and represents a sovereign duty that is usually carried out either by the holders of the hunting rights themselves or by persons authorized for this purpose on the respective hunting grounds.
Legal Foundations of Game Protection
Federal Hunting Act (BJagdG)
Das Federal Hunting Act forms the legal basis for game protection at the federal level. The relevant regulations can be found in particular in Sections 23 to 25 BJagdG. These provisions define game protection, specify the main tasks, and regulate the appointment as well as the rights and duties of persons authorized to exercise game protection.
State Hunting Laws
The federal states are authorized to enact their own state hunting laws, which specify or expand upon the provisions of the BJagdG. This creates regional particularities regarding the tasks, powers, and implementation of game protection.
Tasks of Game Protection
Preservation of Wildlife Populations and Protection of Wildlife
One of the main tasks of game protection is the monitoring and preservation of wildlife populations. This includes measures against poaching, the prevention of unauthorized pursuit, and protection against diseases in wildlife.
Prevention of Wildlife Damage
Another purpose of game protection is to keep wildlife damage to agricultural and forestry crops as minimal as possible. This also includes regulating wildlife density through hunting in order to avoid ecological and economic damages.
Protection of Hunting Activity and Safety
Game protection ensures the proper exercise of hunting rights in the district and also protects ownership of killed game. Additionally, it serves public safety by preventing dangers from predatory animals or improper use of hunting weapons.
Powers and Duties within the Scope of Game Protection
Persons Authorized to Exercise Hunting Rights
According to Section 25 BJagdG, persons entitled to exercise hunting rights or persons appointed by them (so-called “game wardens”) may be entrusted with game protection. This requires certain qualifications, which are specified in the state hunting laws.
Rights of Persons Authorized for Game Protection
Persons authorized to exercise game protection have, in particular, the following sovereign rights:
- Entering Third-Party Properties: To fulfill their duties, they may enter properties, wasteland, and bodies of water.
- Stopping and Checking Persons: They have the right to stop persons in the hunting district, inquire about authorization, and in case of suspected poaching or game protection violations, to involve them.
- Seizure of Weapons and Equipment: In special cases, weapons, traps, and unlawfully obtained game may be secured.
- Enforcement of Hunting Law Orders: Persons tasked with game protection are obliged to prevent or stop violations of hunting law, if necessary by alerting the competent authority or police.
Duties of Persons Authorized for Game Protection
Their duties include compliance with all relevant hunting and animal welfare regulations, careful and proportionate use of statutory powers, as well as the obligation to document measures taken. The powers to exercise game protection must not be exceeded; otherwise, criminal and civil law consequences may result.
Limits and Control of Game Protection
The exercise of game protection is limited by general laws – such as the Basic Law, the Criminal Code (StGB), the Animal Protection Act (TierSchG), and the Weapons Act (WaffG). Any unlawful exercise of powers relating to game protection may constitute a criminal act or an administrative offense. Compliance is monitored by the competent hunting authorities and the police.
Legal Requirements on Weapons
Persons authorized for game protection require a valid hunting license as well as the appropriate weapons permit. The use of firearms within game protection is only permissible to the legally prescribed extent, e.g., to repel predatory dogs or cats according to applicable state hunting laws.
Relationship to Other Areas of Law
Game protection often exists in tension with other legal interests, such as nature protection law, property law, and animal welfare law. The balancing of interests is regulated at the legal level, so that, for example, entering third-party property for the purpose of game protection is only lawful under the conditions prescribed by law.
Interventions within the Scope of Game Protection
Measures against Poaching
A key part of game protection is combating poaching. Persons authorized for game protection are permitted to detain persons suspected of poaching and, if necessary, hand them over to law enforcement authorities.
Dealing with Stray Domestic and Pet Animals
The legislator permits, under strict conditions, the killing of stray dogs and cats in order to protect wildlife and wildlife populations. The specific requirements for this vary under state law and require a particular proportionality review.
Conclusion
Game protection is an integral part of German hunting law and serves the protection of wildlife, the prevention of wildlife damage, the fight against poaching, and the securing of a proper and lawful hunting practice. Its structure and implementation are comprehensively and in detail regulated by law. The execution of tasks and powers relating to game protection is subject to permanent control within the existing legal framework and must always be exercised in balance with other protected interests of society.
Frequently Asked Questions
Who is entitled to exercise game protection and what legal requirements must be fulfilled?
According to the provisions of the Federal Hunting Act (BJagdG) and the respective state hunting laws, the exercise of game protection is reserved exclusively for certain groups of persons. As a rule, only persons with hunting rights – usually holders of a valid hunting license, who are actually allowed to practice hunting – and those specially qualified for game protection and appointed by them may perform game protection. The legal requirements include proof of a valid hunting license, usually fulfillment of the required insurance, as well as evidence of reliability and personal suitability in accordance with Section 17 BJagdG. In many federal states, the exercise of game protection also requires specific hunting training and an additional official permit. The hunting leaseholder can also appoint so-called game wardens with certain rights and obligations, provided that they meet the statutory requirements – for example regarding minimum age, expertise, and integrity – and have usually been confirmed by the hunting authority.
What legal powers and scope of action are available to persons authorized for game protection?
Persons authorized for game protection enjoy, according to the respective provisions of federal and state hunting law, special sovereign powers to the extent necessary for the exercise of game protection. These include, in particular, the right to control persons in the hunting district suspected of violating hunting regulations (for example, checking for prohibited traps or unauthorized carrying of firearms), the right to inspect carried items and killed game, as well as to confiscate evidence in the event of identified violations. They may carry out arrests under Section 127 of the Code of Criminal Procedure (StPO, ‘citizen’s arrest’) when persons caught in the act commit a criminal offense under hunting law. Furthermore, they are authorized to kill predatory dogs and cats under certain strict legal conditions. All measures, however, must always be proportionate, purpose-bound, and in compliance with the law. Enforcement of domestic authority on hunting grounds and the possibility of filing criminal charges are also among their powers.
What statutory limits and obligations apply to the exercise of game protection?
The exercise of game protection is essentially subject to the statutory restrictions of criminal and administrative law. In particular, any action by a person authorized for game protection that infringes the fundamental rights of third parties is prohibited, such as entering residential buildings without a court order or disproportionate use of coercive measures. The rights to carry and use hunting weapons are regulated by the Weapons Act (WaffG), in which, above all, the principles of necessity and safe handling of weapons must be observed. Persons authorized for game protection are obliged to maintain confidentiality regarding private information acquired during their activity, but are subject to a duty to notify the authorities when they become aware of criminal offenses. Furthermore, they must, in the course of their duties, take into account the protection of non-target species, animal welfare, and species protection, and observe the statutory rules of self-defense and necessity.
What are the legal consequences of abuse or exceeding the powers related to game protection?
Exceeding the powers relating to game protection or abusing the rights granted under hunting law can have serious legal consequences. These include criminal investigations for official misconduct, bodily harm, trespass, coercion, or unlawful deprivation of liberty. In addition, violations may result in administrative fine proceedings, revocation of the hunting license, or withdrawal of reliability as a hunter. In cases of serious breaches of duty, especially repeated or gross violations of hunting law, the authority may revoke the appointment for game protection and assert civil claims for damages by affected parties where applicable. The certificate of conduct may also be negatively commented and firearms reliability can be withdrawn, with far-reaching consequences for hunting activities.
How is the legal protection and liability of persons authorized for game protection regulated?
Persons authorized for game protection are, in principle, legally protected while lawfully performing their duties, that is, they enjoy, depending on state law, special protection against verbal and physical attacks (“official status within the scope of game protection”). In the event of attacks on their person, increased penalties may be imposed. At the same time, they are subject to a special duty of care and are personally liable for damages caused by negligent or intentional conduct. In case of damage, hunting liability insurance may cover the loss if such insurance exists and the insured event meets the requirements. If the powers relating to game protection are exceeded or the law is broken, insurance coverage may lapse, resulting in personal liability. Liability covers both civil liability for property and personal injuries and possible public law consequences.
What is the relationship between game protection and police or forestry protection?
Legally, game protection is a specific area of regulatory law and operates independently alongside police and forestry protection tasks. It may operate within its legally stipulated scope of action but may not independently conduct or order police or forestry measures. Police officers and forest officers have their own powers of intervention under the respective state laws. In the event of serious or non-exclusively hunting-related violations (e.g., suspected poaching, firearms offenses, drug abuse, arson), game protection is required to inform the competent authorities immediately and to limit its actions to the legal minimum. Close cooperation and mutual information are mandatory. Any overlap in responsibilities must always be legally clarified to avoid exceeding competences.
What are the reporting obligations of persons authorized for game protection in cases of violations or special incidents?
The statutory reporting obligations of persons authorized for game protection are defined in the Federal Hunting Act and the state hunting laws. Accordingly, every person authorized for game protection is required to immediately report observations of hunting offenses, suspected poaching, violations of animal welfare or nature conservation law, and other serious legal violations to the competent hunting authority or police. Finds of carcasses, especially protected or conspicuous species, as well as dangers from epidemics or damaging events, must also usually be reported. The obligation to report also extends to the discovery and securing of evidence if it is related to a criminal offense. Compliant and complete reporting protects the person authorized for game protection from legal disadvantages and ensures that the justice authorities continue to deal with the matter if necessary.
