Definition and fundamentals of culling regulations
Die Culling Regulations constitute a central aspect of public law in the field of hunting and wildlife management in Germany. They describe the legal instruments for guiding, limiting, and controlling the culling of wildlife by hunting license holders and regulate permissible interventions in wildlife populations, taking into account considerations of animal welfare law, nature conservation law, and forestry interests. Culling regulations are governed at the state level and are primarily based on the Federal Hunting Act (BJagdG) and the respective state hunting acts.
Legal basis of culling regulations
Federal Hunting Act (BJagdG)
The Federal Hunting Act forms the framework regulation for culling regulations in Germany, which are refined and implemented by the hunting laws of the individual federal states. Key provisions can be found especially in §§ 21 to 24 BJagdG.
- § 21 BJagdG – Culling plans: Obligation to prepare culling plans for hoofed game (roe deer, red deer, fallow deer, wild boar, mouflon, sika deer). The culling plan specifies how many animals of a species and of which sex may be hunted in a hunting year.
- § 22 BJagdG – Hunting seasons (closed seasons): Periods are set during which certain wildlife species may not be hunted (protection against overhunting and during breeding season).
- § 24 BJagdG – Procedures, controls, and participation: Description of the involvement of hunting authorities, landowners, and other participants in the determination and monitoring of compliance with culling plans.
State hunting laws
The federal states have their own hunting laws and ordinances that specify the requirements of the BJagdG and take into account state-specific features such as wildlife populations, forestry requirements, and regional nature conservation interests. The state hunting laws particularly govern the detailed procedure for the formation, coordination, and monitoring of culling plans.
Purpose and objectives of culling regulations
The culling regulation primarily serves several legal and practical objectives:
- Regulation of wildlife populations: Prevent overpopulation and protect against wildlife damage to agricultural and forestry crops.
- Preservation of biodiversity: Ensuring balanced wildlife populations within the meaning of nature conservation law.
- Animal welfare: Prevention of animal suffering caused by overpopulation, disease, or lack of food.
- Protection of hunting interests: Ensuring sustainable use and the obligatory management responsibility of hunting license holders.
Procedure of culling regulations
Preparation of culling plans
Culling plans are drawn up annually for specified wildlife species, particularly hoofed game, and must be submitted by hunting license holders to the competent hunting authority. The plans include requirements for the number, sex, and age of animals to be hunted. The involvement of forest owners and farmers is required by law.
Approval and monitoring
The authority reviews culling plans for plausibility and eligibility for approval, if necessary in consultation with forestry authorities, nature conservation authorities, and agricultural representatives. Once approved, the plans must be strictly adhered to. Monitoring is carried out by the authority, often by submission of culling records or harvest inspections.
Adjustment and deviations
In the case of special events such as epidemics, extensive wildlife damage, or environmental changes, culling regulations can be modified by official order. Temporary suspensions of closed seasons or increases in culling quotas (“emergency culls”) are possible but require explicit official approval.
Legal consequences for violations of culling regulations
Violations of culling regulations, such as non-compliance with approved culling plans, exceeding or falling short of set quotas, or culling during closed seasons, can result in significant legal consequences:
- Administrative offences law: Administrative fine proceedings up to substantial penalties.
- Criminal law: In serious cases, such as the intentional culling of protected species, there may also be criminal consequences.
- Revocation of hunting license: Repeated or serious violations regularly lead to the revocation or denial of a hunting license.
- Claims for compensation: Assertion of wildlife damage compensation by affected third parties, such as farmers or foresters.
Significance of culling regulations in the context of animal welfare and nature conservation
Culling regulations act at the interface between hunting law, animal welfare, and nature conservation, representing a balanced regulatory system for safeguarding biodiversity. They are always subject to the principle of proportionality, meaning no more animals may be culled than necessary for population control.
In addition, culling regulations are subordinate to the Animal Welfare Act. Measures causing unnecessary suffering are inadmissible. In practice, culling regulations are further developed and adapted in light of current developments such as climate change and the spread of new animal species.
Culling regulations in case law
Courts at the state and federal level regularly deal with disputes regarding culling regulations, for example, when challenging culling plans, on the subject of owners’ right to participate, or in legal disputes over compensation for wildlife damage. The decisive factor is the interpretation of relevant provisions of federal and respective state hunting laws, taking into account animal welfare and nature conservation.
Summary
Culling regulations are a significant management instrument in hunting law and serve the sustainable, legally compliant hunting and management of wildlife populations in Germany. They ensure that the interests of owners, agriculture, forestry, animal welfare, and nature conservation are balanced. The legal foundations are extensive and subject to regular adjustments in response to new ecological and societal requirements.
Frequently Asked Questions
Who is responsible under German law for issuing a culling regulation?
Under German law, the competent hunting authority is generally responsible for issuing a culling regulation. The exact responsibility may vary from state to state, as hunting law is partly a matter for the federal states. Typically, it is the lower hunting authorities, usually located at the district level or with independent cities. These authorities are authorized to enact, adjust or repeal culling regulations within the framework of statutory provisions. The legal basis for this is found in the Federal Hunting Act (BJagdG) and, additionally, in the respective state hunting acts. In certain cases, the higher hunting authority (for example, the ministry) may become responsible, such as in cases of exceptions, objections, or regulations for large-scale areas. Processes of responsibility, participation procedures with hunting associations, and coordination with nature conservation authorities are mandatory in this context.
How is the necessity for a culling regulation legally determined?
The necessity of a culling regulation is determined in accordance with the Federal Hunting Act (§ 21 BJagdG) and relevant provisions of the state hunting laws. Legally decisive is whether the wildlife present in the area threatens or has already caused damage to agricultural or forestry crops. The basis includes wildlife damage assessments, forestry expert reports, wildlife surveys, and monitoring reports. The hunting authorities must weigh the protective interests of agriculture and forestry, the interests of hunting, and the requirements for a diverse, healthy wildlife population within the procedure. The process often includes a hearing of the affected hunting license holders and, if necessary, the landowners and local nature conservation associations. The decision must be clearly justified and documented to withstand judicial review.
What legal requirements apply to the content of a culling regulation?
The content of a culling regulation is comprehensively governed by law. In particular, it must specify the type and scope of wildlife to be culled, the sex and age classes (culling plan), and the time frame of the measure. The legal basis for this is § 21 (2) BJagdG as well as the corresponding provisions of the state hunting acts. Regulations may apply to an entire species or individual populations. The rules also require that conservation aspects, such as the protection of rare or endangered species, be given special consideration. Violations of the requirements, such as exceeding the set numbers or culling outside the permitted periods, result in legal sanctions and may be prosecuted as either criminal or administrative offences. Additional reporting obligations for hunting licence holders are often imposed to ensure compliance can be monitored.
In which cases can legal action be taken against an issued culling regulation?
Those affected, especially hunting license holders, can take legal action against an issued culling regulation if they believe their rights have been infringed. The procedure is governed by the Administrative Procedure Act (VwVfG), usually requiring first an objection against the administrative decision. If the objection is not upheld, it is possible to file a lawsuit in the administrative court. Common points of dispute include the extent of the set culling quota, the consideration of conservation concerns, or errors in the ascertainment process (e.g., faulty assessments or neglect of participation rights). The courts mainly check whether the culling regulation meets the principle of proportionality, whether the authority has properly exercised its discretion, and whether procedural requirements have been observed.
What legal consequences result from failure to comply with a culling regulation?
If an officially ordered culling regulation is not fully implemented or is otherwise disregarded, different sanctions may be imposed under German law. Hunting license holders must expect that coercive measures to enforce the culling regulation may be ordered, e.g., by commissioning third parties at their expense pursuant to § 28 BJagdG. In addition, administrative fines may be levied for regulatory offences, especially if the culling obligation is intentionally or negligently not fulfilled. In serious cases, such as systematic disregard, the hunting lease or hunting license may also be withdrawn. Should insufficient compliance result in considerable wildlife damage, civil claims for damages may also be asserted against the hunting license holder.
How is the relationship between culling regulations and nature conservation law?
Culling regulations are always in tension between the interests of agriculture and forestry, animal welfare, and nature conservation law. The Federal Nature Conservation Act (BNatSchG) and specific nature conservation regulations (e.g., EU Habitats Directive, Birds Directive) set strict limits for the design and implementation of culling regulations. Particularly protected species may only be included in culling regulations in exceptional cases, and in principle only after a prior nature conservation exemption permit. The hunting authorities are obliged to coordinate with nature conservation authorities and to include the result of the compatibility assessment in their decision. Violations may result in the annulment of the culling regulation or other official actions.
What rights of participation do affected parties have in culling regulation procedures?
Affected individuals, especially hunting tenants, hunting associations, as well as owners and managers of agricultural or forestry land, have rights of participation in culling regulation procedures arising from administrative law, hunting law, and the principle of the right to be heard. They must regularly be involved in the procedure through a hearing. Their objections, notably regarding the assessed situation of wildlife damage and the proposed culling figures, must be reviewed and considered by the authority. Nature conservation associations may also need to be included as representatives of public interests, particularly when species protection implications are expected. The participation rights safeguard an objectively balanced, legally sound decision-making process and are a prerequisite for the lawfulness of the final regulation.
