|LAW NO. 02/L-53 ON HUNTING|
|e martë , 09 janar 2007|
Law No. 02/L-53
Taking into account the Chapter 5.1 (n) and 9.1.26 (a) of the Constitutional Framework for Provisional Self Government in Kosovo, (UNMIK Regulation No. 2001/9 of May 15 2001),
For the purpose of regulating sustainable management, breeding, protection and hunting of wild game,
Hereby adopts the following:
LAW ON HUNTING
Chapter I: General Provisions
Subject of regulation
The present law regulates sustainable management, breeding, protection, hunting and use of wild fauna as natural wealth of general interest which enjoy special protection.
Purpose of the law
Protection of integrity of ecosystem and ecological balance, adequate protection of wild animals, ensuring their welfare and conditions for economic utilization of resources, need for safety and ethical standards of hunters.
For the purpose of the present law, following terms and expressions shall have the following meanings:
“Wild animals” shall include wild animals and birds designated by the law, creating a population in free state in the nature or closed areas foreseen for intensive breeding or breeding.
“Hunting” means chasing, injuring, killing or capturing and any attempt at these activities.
“Hunting right” means the right to undertake actions and measures of breeding, protection, utilization of wild animal and its parts in certain land or water areas (extension of land).
“Area” means wide surface of same or similar conditions (agricultural, forest and high mountain areas of over 1000 m altitude) for living wild animals.
“Hunting area” means designated land area presenting natural integrity whereby exist ecological and other conditions for breeding, protection, hunting and use of wild animals.
“Open hunting area” means the area whereby daily and seasonal migration of game animals is possible.
“Closed hunting area” means area fenced with natural or artificial barriers hindering or evidently limiting the movement of wild animals outside the area.
“Farm for breeding of wild animals” means the fenced area, over 50 ha, foreseen for breeding of wild animals.
“Hunting area manager” means the legal or natural person who is the owner or obtained the right of managing with hunting area according to the procedure provided by the present law.
“Lease of hunting area” means giving the hunting area for use, through public bidding, to natural or legal persons for a term up to 10 years.
“Giving the hunting area under concession” means giving the hunting area for management upon payment to legal or natural persons, local or foreigner, in the term up to 30 years.
“Management plan” is the document based on which will be done the management of wild animals and environment for a period of 10 years.
“Annual management plan” means the document based on management plan which relates to annual management of hunting.
“Hunting season” means the time when hunting of certain game animals is permitted.
“Hunting prohibition” is the time while hunting of certain game animals is prohibited.
“Trophy game animals” means the game animals or their parts preserved and assessed
“Master trophy” means the trophy of any animal scored with highest scores for the certain specie of wild animal in Kosovo.
“Collective hunting” means hunting with assistance and use of noise and other techniques for flushing and exposing animals to the hunter.
“Ministry” means the Ministry of Agriculture, Forestry and Rural Development.
“Persons” means a natural or legal person.
List of wild animals
Wild animals according to this law are:
Chapter II: Hunting
The hunting right shall be gained by:
1. The owner, in hunting area designated in his private property
2. Other legal or natural persons through:
a) obtaining the hunting right in hunting areas with concession
b) taking under lease the hunting area
3. Local and foreign persons may gain the hunting right in public hunting areas under
concession or lease according to conditions given in the present law and law on concessions.
Kosovo Hunters’ Federation
6.1. Hunting area managers, hunters and other legal and natural persons involved in hunting in the territory of Kosovo may join the Kosovo Hunters’ Federation (hereinafter the Federation).
6.2. Federation represents its members in the country and abroad for the purpose of asserting their interests and encouragement and breeding, protection, hunting and use of wild animals, protection of environment, preservation of natural habitats of wild animals, breeding of hunters’ ethics and hunting tradition and other hunting related purposes.
6.3. The Federation shall be funded by contribution of members.
6.4. Functions, duties, responsibilities and activity of the federation and the way of affiliation and decision making in the Federation shall be set through a special bylaw issued by the ministry and Statute of the Federation. Statute of the Federation may not be in contradiction with the present law and bylaws issued based on the law.
General limitations in hunting
7.1. To take part in recreational or commercial hunting, the hunter shall fulfill the following conditions:
a) Hunter may hunt the game animal during open season as declared by the Ministry
b) Hunter shall use the weapon registered in compliance with the law, and not using means, methods, and techniques, which are prohibited for hunting
c) Hunter shall have the adequate qualification in compliance with the law
d) Hunter shall hunt inside the hunter
e) Hunter shall bear the written permit from the hunting area manager.
7.2. To take part in special purpose hunting, the hunter besides holding the weapon permit in accordance with weapon applicable laws shall meet one of the following conditions:
f) Meet conditions for scientific hunting
g) Meet conditions for hunting pest animals
h) Meet the requirements for reduction
i) Meet the requirements for acting in emergency
Opening of hunting season
8.1. Persons may be involved in recreational or commercial hunting only during open hunting season.
8.2. The Ministry, with a special bylaw, shall open the season and set the time for hunting game animals by specie, gender and numerical state.
8.3. The Ministry shall publish the list of open hunting seasons on the Official Gazette.
8.4. The notice for the list of open seasons for hunting shall be published at least seven days prior opening of the season in official languages used in Kosovo, and at least two newspapers.
8.5. Open seasons according to the present article apply until further notice, while for certain species it may be done in annual basis.
8.6. Upon setting the hunting season from the present article, hunting will be prohibited during breeding period and during spring migration.
8.7. If bad weather, disease, excessive hunting, or other circumstances reduce the population of a species of game animal, the Ministry may shorten or cancel its open season.
Hunting prohibited methods, techniques and means
9.1. No person may kill or capture a game animal using poison, unless the poison is registered for that purpose and used according to the laws governing pesticides.
9.2. Any person using poison to kill a wild animal within a hunting area must first inform the hunting area manager.
9.3. In the course of recreational or commercial hunting, no person may kill or capture a game animal:
a) When flood, snow, ice, fire, or other natural extraordinary conditions evidently hinder or limit animal movement
b) In a manner involving mass killing
c) Using explosives, traps, pits, snares, birdlime, hooks, nets, poisoned baits, or stupefying agents
d) Using blinded or mutilated live decoys
e) Using horses, carts, motor vehicles, motorboats, or aircraft for pursuit
f) Using artificial lights or mirrors to illuminate
g) Using electronic equipment to improve vision in poor light
h) Using sound reproduction equipment
i) Using electricity to kill or stun
j) Using smoke or gas to force animals out of hiding places.
9.4. No person may hunt during the night, from 30 minutes after sunset until 30 minutes before sunrise, unless in addition to satisfying all other requirements the person has specific written permission to hunt at night from the Hunting Inspector. Kosovo Police Service should be notified at least 24 hours prior commencement of hunting.
9.5. Permissions to hunt at night, inter alia, must specify time and place the hunting may take place, animals that may be hunted, and the names of the people who may participate during night hunt.
9.6. No person may use collective hunting to kill or capture hoofed animals, except for wild boar.
9.7. A person may use dogs to track a wounded animal but may not allow the dogs to harass or attack the animal.
9.8. No person may destroy the roosts, nests, or eggs of game animals.
9.9. The Ministry may issue by laws act setting additional requirements or prohibitions for hunting particular species.
Permitted weapons for hunting
10.1. Hunting of wild game is allowed only using suitable hunting weapons and ammunition.
10.2. Big game animals may be shot with a weapon with winding barrel using ammunition of caliber and pellet weight suiting to the power and resistance of the animal. Big game may not be shot using glib barrels, except wild boars.
10.3. Birds and rabbits may not be shot using winding weapon that takes over two pellets and using semi-automatic rifle which is not reduced in receiving no more than two pellets.
10.4. The hunting weapon and ammunition may be used only if their use does not threat the human safety and wealth.
10.5. Hunting weapon may not be carried without possession permit. The hunting weapon may not be used outside the hunting area, shooting gallery and other designated areas for shooting exercise.
10.6. The Ministry, through a bylaw shall set the use of suitable hunting weapons and ammunition.
Qualification of hunters
11.1. The wild game may be shot by the person qualified as hunter respectively who passed the hunters’ examination, and holds the written permission from hunting area manager.
11.2. The examination for hunter and for assessing the trophies shall be passed in the Federation before the commission established by the Federation. The ministry may authorize other institution for passing the hunters’ examination. The certificate shall be issued after passing the exam.
11.3. The Ministry shall set the training programme and examination for hunter and trophy assessment. The Ministry shall consult the Federation prior approving training programme and examination programme.
11.4. Individuals, who during their education in the fild of forestry, agriculture and biology have studied hunting subjects, are not obliged to undergo hunters’ examination.
11.5. Hunting area manager may permit hunting for tourist or scientific research purposes for individuals without hunting examination, according to conditions set with their acts.
11.6. The hunter may qualify in one of the following ways:
a) a hunter may qualify as a master hunter by passing a standard examination, set in the programme approved by the Ministry.
b) a hunter may qualify as an apprentice hunter by hunting under the direct supervision of a master hunter while participating in a hunter training program approved by the Ministry.
c) a hunter may qualify as a tourist hunter by being a non-resident of Kosovo registered as a tourist with the hunting area manager and hunting under the supervision of a master hunter.
11.7. Federation shall hold the list of qualified hunters in accordance with this law.
11.8. The Ministry through a bylaw may:
a) periodically require hunters to renew their registrations, retesting their physical and mental abilities,
b) recognize master hunters aged 65 or over as senior master hunters and may set special rules that apply to senior master hunters.
11.9. Hunters will be allocated identification cards to be held during hunting issued by the hunting area manager.
11.10. Identification cards shall be issued by:
a) The authorized for hunting examination – for master hunter
b) Hunting area manager – for apprentice and tourist hunters.
11.11. Hunters may be charged with a nominal annual fee to cover the costs of supervising hunting examinations, issuing identification, and maintaining a registry and other services set by the service provider.
Chapter III. Special Purpose Hunting
Hunting for scientific purposes
12.1. Scientific hunting includes hunting or capture of game animals for scientific research, university teaching, zoological park use, game breeding, or cynological fairs or other purposes.
12.2. The Ministry shall issue permits for scientific hunting.
12.3. For scientific hunting on hunting areas, the person prior receiving the permit from paragraph 2 of this article must also have the consent of the hunting area manager respectively landowner if special hunting purpose is conducted in private land not part of hunting area.
12.4. Permits must describe the time, place and method of hunting allowed and the species of game animal to be hunted, justification for the activity and reporting the number of animals taken.
12.5. The method of hunting for scientific purpose may include any method that the Ministry considers humane and reasonable
Hunting of pest animals
13.1. When a game animal is causing or threatening widespread damage to lives or property, the Ministry may issue a bylaw declaring temporarily the animal to be a pest species and permit hunting in certain time frame.
13.2. Any person qualified to hunt according to this law, may hunt pest species from paragraph 1 of this article at any time of year.
13.3. Persons hunting pest species must first inform the local police within 24 hours of the time, place, and method of hunting.
13.4. The method of hunting may include any method that the Ministry considers human and reasonable.
13.5. For hunting of pest species on hunting areas, the person must also have the permission of the hunting area manager.
13.6. For hunting of pest species on private land not included in hunting area, the person must also have the permission of the landowner.
13.7. A person may not hunt pest species on any land that is closed to hunting under this law.
14.1. Culling means the hunting of game animals when their population is not in compliance with biological equilibrium of the hunting area or when they are causing damage to property because of their large numbers.
14.2. When a hunting area manager presents evidence of need, the Ministry may permit the hunting area manager to organize and carry out culling on the manager’s hunting area.
14.3. Hunters participating in culling must be qualified as master hunters under this law.
14.4. Hunters participating in culling may not use hunting methods prohibited during recreational or commercial hunting.
14.5. The Ministry may not permit culling that is inconsistent with any management plan including the 10-year game management plan for Kosovo, and annual operational plan in effect for hunting area.
14.6. Hunting area managers must inform the local police 24 hours before beginning culling.
Emergency killing of a wild animal
15.1. In the events when wild animal threatens imminent and significant injury to human life, or imminent, significant, and irreparable injury to property, wild animal may be emergently killed to prevent any risk to human life or damage to property.
15.2. Persons killing a wild animal in an emergency must inform the event to the police, who must forward the report to the Ministry and to the nearest hunting area manager.
15.3. Persons who killed or injured a hoofed wild animal in a traffic accident, must mark the accident spot and report the event to the police and to the nearest hunting area manager.
15.4. Hunters wounding a hoofed wild animal must follow the traces of the wounded animal and if needed inform the manager of nearest hunting area.
Chapter IV: Hunting Areas
Types of hunting areas
16.1. Hunting areas are established for the purpose of exercising the activity of hunting.
16.2. Hunting area is established based on species of wild animals naturally living or mainly cultivated in land area, number of which may be cultivated in that area based on hunting area capacity, their destination and ownership of the land.
16.3. Hunting area may be established as:
a) Open hunting areas
b) Closed or fenced hunting areas, and
c) Hunting areas for breeding of wild animals
16.4. By property right, hunting area may be:
b) Joint, and
c) Of special importance
Minimal area for establishing the hunting area
17.1. Open hunting areas may not be smaller than 1.000 ha.
17.2. Closed hunting areas – fenced may not be smaller than 500 ha.
17.3. Hunting areas of special importance may not be smaller than 2.000 ha.
17.4. Hunting areas for breeding of game animals include areas cover areas whereby certain species of wild game may breed for production of bigger number of sound animals for hunting and reproduction.
Establishment of private hunting areas
18.1. The Ministry shall grant the permit to establish a private hunting area at request of private land owners whereby the private hunting area is to establish.
18.2. The Ministry shall approve the request for establishing the private hunting area if the conditions given in this Law and other bylaws issued based on it were met.
18.3. The Ministry must inform municipalities containing the established private hunting area.
18.4. For the purpose of fulfilling the given conditions for establishment of a private hunting area, private owners may rent non-private land in boundary with the land where the private hunting area is to establish.
18.5. Beside conditions given in this law, for the purpose of designating the private hunting area, also the following conditions should be met:
a) All landowners in the area must consent in writing to the designation
b) The designation must be consistent with existing spatial plans
c) Use of the land for hunting must not pose a threat to public health or safety.
Joint hunting areas
19.1. Joint hunting mean the hunting area designated in public and private lands where no private or special importance hunting area was designated before.
19.2. The Municipal Assembly shall designate the joint hunting area covering the territory where the hunting area is to be designated with the proposal of municipal body competent for agriculture and prior consent of the Ministry.
19.3. One or more hunting areas may be established within the territory of a municipality. If the land area where the hunting area is to be established is located in two or more municipalities, the hunting area will be established by the municipality where the major area of the hunting area is spread, upon proposal of the joint professional commission and prior consent of the ministry.
19.4. The municipality must ensure that establishment of the hunting area is in compliance with existing spatial plans.
Hunting areas of special importance
20.1. Hunting areas of special importance shall be established for the purpose of preserving and improving living conditions of big wild animals, rare endangered wild animal species and orienting development of their population in their living environment.
20.2. Hunting areas of special importance shall be established by the Ministry by a special bylaw no matter the ownership of the land.
20.3. The Ministry upon establishment of the hunting area from this article must inform municipalities and private owners in the territory of the hunting area.
20.4. The Ministry must ensure that establishment of the hunting area is in compliance with existing spatial plans.
Revision of Boundaries
21.1. Newly established hunting area may not include lands of hunting areas established according to the present law, except if the manager and the establishment authority of the existing hunting area agree on giving a part of land to new hunting area.
21.2. If a landowner wants to add or remove lands from the private hunting area, the landowner must have the consent of the Ministry and two third of landowners in the private hunting area.
21.3. Within hunting areas of special importance and joint hunting areas, the designator may add or remove lands from the hunting area by following the procedures and standards set in this law for designation of the hunting area.
21.4. If lands become unsuitable for hunting because of changed use, the designator may remove the lands from a hunting area without formal procedure.
21.5. Boundaries of hunting area must base on natural boundaries, as much as possible, where certain species of wild animals live.
21.6. A private hunting area loses its designation if any of the following occur:
(a) if the manager did not develop any managerial activities in the hunting areas during two successive years.
(b) if two third of land owners of private hunting area withdraw from the hunting area
(c) because of revision of boundaries or changes in land uses, the Ministry finds that the area no longer meets the requirements as minimum area, protection of public health and safety.
(d) the legal person acting as hunting area manager is declared bankrupt or ceases to exist
21.7. A hunting area of special importance or a joint hunting area will lose its designation if due to the change of character of use of land, area of hunting area drops under the minimum set by the law.
If a hunting area includes lands in protected areas, they will be governed by the law creating the park or protected area and the law may limit hunting on those lands.
Property within Hunting Areas
23.1. All property owners within a hunting area must take reasonable steps to avoid damage to wild animals.
23.2. Persons engaging in agriculture and forestry within a hunting area must take care in the use of chemicals and in the course of harvesting and mowing to minimize damage to wild animals.
Lands Closed to Hunting
24.1. Hunting areas do not include:
a) Areas of special protected nature which in the act declaring them protected areas or other special acts prohibit hunting as strict nature reserve, national parks, natural monuments, management areas of habitats or protecting types, protected landscape, protected area of natural resources.
b) Land within 300 meters of dwellings, pubic main roads, places of worship, schools, shops, or offices.
c) Cemeteries, airports, military bases, and closed courts.
d) Nurseries, orchards, vineyards and gardens used for intensive production in surface up to 100 ha if fenced which hinder natural migration of wild animals.
24.2. Special breeding areas are designated for the purpose of preserving and successful breeding of animals. Size of the breeding area shall be set by the ministry through special bylaw based on wild animal and manner of managing the hunting area.
Administrative Hunting Boundaries
25.1. In case natural boundaries as roads, railways, rivers, lakes or other boundary lines do not exist, the hunting area manager must mark the boundaries of areas open to hunting and must maintain those marks.
25.2. The way of marking of boundaries for hunting areas will be determined by Minister with by laws act.
25.3. No person may take, damage, move, or destroy boundary markers required under this Article without permission of the hunting area manager.
Management of private hunting area
26.1. Private hunting areas are managed by hunting area designator.
26.2. Private hunting area may be leased or subleased.
Giving the hunting area on management
27.1. Joint hunting areas shall be given for management to persons meeting conditions given in this law through concession or lease. Hunting areas may be given for management to the Legal and Natural Persons.
27.2. Kosovo Forest Agency or other body authorized by the ministry shall manage with hunting areas of special importance.
27.3. Hunting areas will be given under concession or lease through the tender procedure published after establishment of the hunting area.
Giving the hunting area under concession
28.1. The concession right may be granted to a natural or legal person, local or foreigner in duration up to 30 years. The Ministry may, through special decision, ban the right of granting concessions in certain areas where the hunting area of special importance is established.
28.2. If the concession right is granted in protected areas where establishment of hunting area is permitted, the concession is granted at consent of the body managing the nature protected area according to the act for proclamation of protected area.
28.3. Hunting areas given for management with concession may not be given under sub-concession.
29.1. The Ministry shall take the decision for giving the hunting area under concession based on the public tendering procedure.
29.2. Exceptionally from paragraph 1 of this article, Ministry may at the request of hunting area lessor, during the tenancy, based on opinion of the competent inspection, give the hunting area under concession up to twenty years with same conditions if:
a) He has built hunting facilities in hunting areas which may not depreciate in twenty years,
b) He has reached the set number of fat animas as deer, bear, chamois, etc., has achieved good results in preserving and breeding natural flocks of wild animals,
c) During past time, he has obeyed all provisions of management plan, fulfilled all contractual obligations in due time and respected legal and bylaw provisions,
d) During past time he had good collaboration with managers of surrounding hunting areas and inspection service, and he was not sentenced any punitive measures,
e) Successfully implemented protection measures to wild animals against illegal hunting and diseases and collaborated in stopping illegal hunting,
f) Successfully prevented damages and harmful effects from wild animals to agricultural and forest areas.
29.3. The Ministry shall take the decision for advertising the public tender for giving the hunting area under concession.
29.4. Bidder for getting the concession over hunting area shall attach all the proves on fulfillment of conditions set by the law and bylaws issued based on it. Bidder – concessionaire who is a legal persons must attach the prove that is registered for this activity, while natural persons must attach the prove showing to be registered in the register of profit tax payer.
29.5. Tendering procedure shall be conducted according to the law on public procurement.
Initial amount of compensation
30.1. Initial compensation amount for concession for hunting area is set in the amount of 30% of value of wild animals hunted in year ten of the management calculated according to market price.
30.2. When management plan does not exist, the initial compensation amount for concession of hunting area is set in 50% of annual hunting of wild animals planned according to possible number of animals in accordance with the hunting area designation act calculated according to market price.
Contracts for Concessions
31.1. Based on decision for granting concession, the concession contract is bound in written.
31.2. In addition to other terms required by the Law on Concessions, concession contracts must include or incorporate the following:
a) position and size of hunting area given in concession.
b) a description of the type and number of game animals found in the hunting area
c) requirement that the concessionaire enforce this law and other bylaws issued based on it and management plans
d) a requirement that game animal populations be at specified levels at the end of the concession term and compensation of difference if occurs.
e) duration of concession
f) form, amount and term of payment the concession compensation.
g) possibilities and reasons for premature contract termination.
h) rights and reasons for unilateral termination of contract
31.3. Hunting area development program shall be attached to the contract and shall constitute its integral part.
31.4. Concessionaire is obliged to pass the long term management plan of hunting area within 6 months from the date of signing the lease or concession contract for hunting area, with consent of the ministry.
Premature termination of the contract
32.1. Concession granter may terminate the contract for concession before expiry of the term if the concessionaire:
a) Fails to prepare management or operational plans,
b) Fails to implement plans, keep records of implementation.
c) Fails to employ a reasonable number of guards
d) Fails to make improvements in the area promised or required as a condition of the assignment, or a fails to make those improvements on time
e) Fails to account for income from the area
f) Fails to make payments on time
g) Fails to allow inspection of plans, records, and other relevant documents at the designating authority’s request
h) Fails to allow competent authorities to inspect the hunting area
i) Fails to obey the provisions of this law, other appropriate laws and other bylaws
j) Fails to meet any other condition that the contract identifies as essential or uses the hunting area in contradiction with concession contract
k) Fails to enforce measures and actions according to this law.
32.2. A concession contract terminates by operation of law if any of the following events occur:
a) The concessionaire is convicted of an offense under this Act or the Criminal Code provisions related to hunting and is punished by imprisonment or a fine or penalty of more than 1.000 euro.
b) When verified the concessionaire engaged in fraud, corruption, or other illegal act to win the contract.
c) The hunting area loses its designation under this law.
32.3. A concession contract must explain the rights and obligations of the parties if the hunting area is expanded or reduced in size during the term of the contract.
32.4. If a concession contract is terminated through no fault of the concessionaire, the concessionaire may seek compensation from the Government. Compensation amount from this article may be up to the net incomes that concessionaire would realistically gain from management of hunting area.
Concession compensation payments
Concession compensation payments shall be deposited in Kosovo Consolidated Budget
Leasing of hunting areas
34.1. Joint hunting areas may be leased to natural or legal persons, local or foreigner who meet conditions set in this law and bylaws issued based on in, for a period up to ten years.
34.2. Joint hunting area shall be leased through public bidding by Municipality with consent of the ministry.
34.3. Federation will be informed on leasing the hunting area.
34.4. The municipality shall conduct the bidding procedure for leasing the joint hunting located within the municipality, based on public bidding provisions.
34.5. Bidding call from this article shall contain closest conditions for leasing the joint hunting areas.
34.6. Bid shall be accompanied with other documentation for fulfilling the conditions set forth in this law and conditions foreseen in the bid.
Lease initial price
35.1. The lease initial price shall be set in 30% of the value of game animals hunted in year five of management plan calculated according to price market.
35.2. When management plan does not exist, the initial lease price for hunting area is set in 50% of annual hunting of game animals planned according to possible number of animals in accordance with the hunting area designation act calculated according to market price.
36.1. Based on decision for selecting the most favorable bidder, the Municipality and the bidder shall bind a contract on lease of joint hunting area. The contract shall be bound in written containing:
a) Name, size of the hunting area and subsidiary infrastructure of hunting area
b) Lease term
c) Form, height and term of lease payment
d) Measures to be undertaken by the hunting area user for the purpose of progressing (developing) hunting area
e) Specie and approximate number of wild game
f) Rights and obligations set forth by hunting rules.
36.2. The contract from paragraph 1 of this article, at request of the leaseholder, may extend by latest three months before expiration of contract for same duration and conditions, if verified that leaseholder during administration (management) of hunting area has fulfilled contract conditions and provisions of the law and bylaws issued based on this law.
36.3. Conditions to be met by hunting area leaseholder shall be set in a bylaw and lease contract.
36.4. The Ministry through special act shall set the number of wild animals in the hunting area.
Premature termination of contract
37.1. Lease contract may be terminated before expiration of the term if:
a) Leaseholder does not manage with hunting area in compliance with this law and hunting area lease contract,
b) Due to non-enforcement of foreseen measures in management plan and when the wild animal stock has dropped under the minimum foreseen in management plan,
c) Does not use the funds gained through hunting area management for the purposes given in this law,
d) Hunting area surface decrease for over 20%,
e) Does not pay the lease in the term given in the contract.
37.2. In cases of premature termination of lease contract, the professional commission formed by hunting area designator shall verify the situation in the hunting area as well as enforcement of the management plan. Leaseholder of the time is obliged to compensate the negative difference of wild animals and eventual damages caused to hunting area according to market price.
37.3. Negative difference of wild animals and damages to technical and management facilities shall be determined through a bylaw issued by the ministry.
37.4. In all the cases of premature termination contract for lease of hunting areas, shall take place the new public bidding procedure for giving the hunting area for use. Hunting of wild animals shall be prohibited until giving the hunting area for use, while the designator or its authorized body shall undertake breeding and protection of wild animals.
Payment of lease
38.1. Funds paid for lease of joint hunting area shall be deposited in Municipal Budget where the hunting area is located.
38.2. Term and way of lease payment from this article shall be set in the contract on leasing the joint hunting area.
Basic authorities and responsibilities of hunting area managers
39.1. Hunting area managers shall:
a) Set rules of hunting area which are reasonable and necessary for protection of property, public health and safety, and enable orderly use of hunting area for hunting, which must be in compliance with this law, bylaws issued based on the law and rules on sustainable management with wild animals.
b) Set conditions on the permission to hunt, including limiting hunting to particular times, areas, or methods, or to particular sizes, ages, or sexes of animal, and limit use of certain means and methods.
c) Charge a fee to persons for permission to hunt on the hunting area.
d) Charge a fee to persons wishing to enjoy improvements constructed for the benefit of hunters inside the hunting area, and for services in them.
e) Organize hunting activities and provide other services to hunters.
f) With the permission of the Ministry, a hunting area manager may propagate game animals after the authorized institution by the ministry has verified that they are free of infection, and with the consent of the Ministry of Environment and Spatial Planning.
g) With the consent of the landowner within the hunting area, and ensuring the relevant permit, the hunting area manager may construct and repair physical improvements for the benefit of hunters.
h) With the consent of the affected landowner, a hunting area manager may provide food, water, or shelter to game animals or improve their habitat.
i) The hunting area manager is obliged to employ the professional service or the expert for enforcing the hunting management plan and game preserving service.
39.2. To promote the orderly operation and management of hunting areas, the Ministry may issue bylaw to extend or limit the authority of hunting area managers
Chapter V: Planning and Inventory
Game management planning
Game and hunting area management is done according to:
a) Hunting development plan in Kosovo.
b) Hunting area management plan.
c) Annual operational plan.
Hunting development programme in Kosovo
41.1. The hunting development programme for Kosovo is done for a period of 10 years. The programme is to be drafted by the Ministry and approved by the Government.
41.2. The Ministry must complete the first such development plan within two years from the day of signing this law.
41.3. In preparing the programme, the Ministry shall consult with other appropriate ministries and agencies, from the field of nature protection, tourism, agriculture and forestry and shall pay attention that the programme is in compliance with existing spatial plan of Kosovo.
Hunting area management plan
42.1. Hunting areas shall be managed based on 10 years management plan drafted by hunting area managers for each area that they manage.
42.2. Managers must prepare the 10-year hunting area management plan within six months after binding the contract for hunting area management.
42.3. Hunting area management plan must be consistent with hunting management programme, forest management plans, conditions and was of using agricultural lands, water master plan, spatial plans, law on protection of nature and international documents in this field.
42.4. Management plan of hunting area of special importance shall be approved by the ministry while master plans for joint and private hunting areas shall be approved by municipality with previous consent of the Ministry.
42.5. If the authorized entities for approving management plans from paragraph 4 of this article reject the plan, hunting area manager is obliged to correct the plan within 60 days. If the authorized entity, within 60 days does not declare on the plan or rejects the plan without providing a written explanation on the reason of reject, the plan is deemed approved. This point applies also for consents requested from the ministry for management plans.
42.6. Hunting area management plan shall contain all the data on hunting area, specie and number of wild animals, protected species, breeding measures, protection and use of wild animals. Use - hunting plan must be in compliance with numerical state and structure of age and gender of wild animals.
42.7. In case of permanent and essential change of conditions and circumstances on which the 10 management plan of the hunting area is based, the revision shall be done. Revision shall be done according to same procedure foreseen for issuing the plan.
42.8. Until issuance of the 10 year plans, hunting area shall be managed with operational annual plans.
42.9 Content, manner of giving the consent and approving the hunting area management plans and annual management plans shall be set with a bylaw issued by the ministry.
Annual management plans
43.1. Hunting area managers must prepare annual operational plans for each area that they manage.
43.2. The annual operation plan must be consistent with the 10-year plan.
43.3. The manager may give hunters permission to hunt only if annual management plan is approved.
43.4. Annual management plan for hunting area of special importance shall be approved by the Ministry while annual management plans of joint and private hunting areas shall be approved by the municipality with prior consent of the ministry.
43.5. If the authorized entity for approving the annual management plans from paragraph 4 of this article rejects the plan, the hunting area manager is obliged to correct the plan within 30 days. If the authorized entity within 30 days does not declare about the plan or rejects the plan without offering written explanation, the plan is considered as approved. This point applies also for consents required from the ministry for management annual plans.
43.6. Hunting area managers must maintain notes for actions that have undertaken form fulfilling management annual plans and to prepare the annual report to designator of hunting area and other authorized institutions.
43.7. All activities of management must be in compliance with approved annual management plans. If due to natural calamity or other emergency cases the annual management plan may not be enforced, the hunting area manager must inform the ministry as soon as possible.
43.8. Owners, lands of which are included in hunting area must permit hunting area managers to undertake actions and activities foreseen in annual management plans.
Inventory and supervision
44.1. Hunting area managers are obliged to collect data on number of wild animals within the hunting area and other data on state and conditions of living of animals in the hunting area.
44.2. Hunting area managers are obliged to forward data from paragraph 1 of this article to the ministry at her request who keeps the register of wild animals in all hunting areas in Kosovo and supervises the maintaining the number and living conditions of animals.
44.3. If a hunting area manager fails to provide data for an inventory or other data on living conditions of animals, the Ministry may close the area to hunting until the manager provides the data from this article.
Chapter VI: Hunting guards
Employment of guards
45.1. Hunting area managers are obliged to employ a reasonable number of guards to protect the area from illegal hunting and other damages to wild animals.
45.2. In the annual operations plan, the hunting area manager must state the minimum number of guards that the manager has and will employ
45.3. Hunting guards must wear a uniform and identification card while on duty
45.4. Hunting area managers must provide their guards with weapons according to the law and means to communicate with the manager and police and to summon assistance while the guards are on duty.
Duties and responsibilities of guards
46.1. Hunting guard has the following duties and responsibilities:
a) In cooperation with the competent authorities, investigate possible violations of hunting law, bylaws issued based on it or hunting area rules or hunting area rules.
b) Order persons possessing hunting equipment, hunting dogs, game animals, or trophies on or near a hunting area to stop and produce ID cards and documents authorizing the persons to hunt.
c) Order persons to stop and produce identification if the guard reasonably believes that the persons are in violation of hunting law, bylaws issued based on it or hunting area rules.
d) Stop and search vehicles or other means of transportation if the guard reasonably believes they are being used to violate hunting law, bylaws issued based on it or hunting area rules.
e) Seize and promptly forward to the police game animals, trophies, and hunting equipment that the guard reasonably believes have been involved in violations of hunting law, bylaws issued based on it or hunting area rules.
f) Prevent destruction animal habitats and their offspring, roosts, nests, or eggs.
g) Kill the heavy injured or diseased wild animal.
h) Immediately inform the hunting area manager and Veterinary Service on occurrence of any disease or death of wild animal or other animal, on direct risk from elementary calamities.
i) Inform the hunting area manager and competent body on illegal hunting.
46.2. The ministry shall issue a bylaw providing for qualifications, uniform, the shape of identification card, type of the weapon and the reporting form.
Chapter VII: Trophies
Evaluation of trophies
47.1. Trophies of wild animals for the purpose of article 4 of this law are considered the horns, teeth, skin, skull and embalmed animal or its part.
47.2. Trophies from paragraph 1 of this article must be evaluated.
47.3. Evaluation of trophies shall be done by the commission established by authorized assessors who have passed the trophy evaluation examination.
47.4. The trophy evaluation examination is organized by Federation.
47.5. The commission for evaluating the trophies of special hunting areas shall be established by the ministry while for trophies of other hunting areas shall be established by the municipal competent body at proposal of Federation.
47.6. Commissions from above paragraph for evaluation of trophies shall inform Federation which keeps the evidence of capital and extraordinary trophies.
47.7. Trophies may be extracted from hunting area or the country only with the list issued by the commission from paragraph 3 of this article in designated forms, which contains the evidence of trophies of wild animals and issued trophy papers.
47.8. Culminant trophies may be purchased from the Ministry.
47.9. Culminant trophies may not be sold outside the country.
47.10. Exceptionally the ministry may permit the sale of a culminant trophy abroad if the Ministry has not bought it.
47.11. Manner of evaluation, keeping of trophy evidence, form and manner of issuing the list of trophies and reporting the value of trophies shall be set with bylaw issued by the Ministry.
Ownership of killed animals and trophies
48.1. Any animal killed or captured during scientific hunting from this law and any trophy from such animal is the property of the hunter.
48.2. Any game animal killed or captured as pest specie and the meat and trophy from such animal is the property of hunting area manager if killed or captured in the hunting area, or property of the ministry if killed or captured outside any hunting area.
48.3. Any animal killed or captured during reduction or emergency from this law and the meat and trophy of such animal is the property of hunting area manager.
48.4. The ministry with a bylaw may regulate carriage of wild animals from a place to another, circulate wild animals, inspect and sell the meat of game animals killed with permission.
48.5. No one may posses, sell, buy or trade any game animal illegally killed or captured or any trophy or product produced from such animal.
Chapter VIII: Prevention and Compensation of Damages
Damages from wild animals
49.1. Hunting area manager respectively the owner or user of land where the hunting area is located and land area outside the hunting area where the wild animals are found, must undertake measures for preventing damages that may be caused by wild animals to property and human in hunting area.
49.2. For preventing damages from wild animals, hunting area manager must undertake the following measures:
a). Maintain numerical state of wild animals in optimal number respectively within the capacity of hunting area,
b). Ensure sufficient feed and water in hunting area,
c). Owners of agricultural and forest crops in collaboration with hunting area manager must enforce preventive measures for protection of agricultural and forest crops while using chemical and mechanical protection means, intimidating means and building fences,
d). Ensure feed and sow agricultural crops in hunting area for the purpose of keeping the wild animals far from properties where eventual damages could be caused.
49.3. The Ministry through a special bylaw may set the measures for preventing damages from wild animals.
Measures for prevention of damage
50.1. The designation act of the hunting area shall provide for the measures for preventing damages from wild animals to be undertaken from the hunting area manager, especially:
a) Issue annual plan for measures to be undertaken for preventing damages form wild animals (seasonal, specie of wild animal, type of damage from wild animal, agricultural crops and similar).
b) Provide protection means for implementing the annual plan from paragraph 1 point c) of this article.
c) At request of land users, circulate for free the required protection means foreseen by annual plan with prior pubic announcement and provide instructions for use.
50.2. Measures from point 3 of this article shall be apply for fenced orchards, plantations and other similar crops for preventing damages from wild animals.
Protection of crops
If the hunting area manager keeps the number of animals over the foreseen number with management plan, he shall be obliged to protect the crops and cereals threatened from wild animals with his own expenses and suitable chemical and mechanical means.
Rights and obligations of land owners and users
52.1. Owners respectively users of land have the following rights and obligations:
a) To undertake measures in protection of gardens, nurseries and crops in preventing damages from wild animals using respective means provided by the hunting area manager and used according to his instruction.
b) Inform the hunting area manager on circumstances that may affect the undertaken measures for preventing damages that may be caused by wild animals on his land, as well as just started damages.
c) Enable the manager to undertake measures in preventing damages from wild animals in their land.
d) Remove agricultural crops in optimal time
52.2. Owners respectively users of land have the right to request from the competent body of the designator of the hunting area, enforcement of measures for preventing damages from wild animals if the hunting area manager does not undertake measures set forth in this law.
Reducing the number of wild animals
53.1. At request of land owners or users, the Ministry with special bylaw may decide to reduce the number of certain specie of wild animals which cause widespread damages to agricultural crops, if the measures set in this law have not shown successful enough and economically viable.
53.2. For the purpose of protecting the health and life of human and animals, municipalities, hunting area managers, legal and natural persons exercising agricultural and forestry activities are obliged to organize and participate in reducing the number of wild animals in threatened areas, and bring them to reasonable number.
53.3. In the hunting area and surfaces outside where a contagious disease has or may occurred, the hunting area manager and the person in charge for protection of wild animals are obliged to enforce measures for protection of animal health and inform Veterinary Services on the risk of spread.
54.1. The hunting area manager where the animal permanently live shall be responsible for the damage caused by wild animals that may be hunted during open hunting season provided that the affected party has undertaken foreseen measures for preventing the damage from wild animal, for which he was obliged to undertake in compliance with this law and bylaws issued based on it.
54.2. Game animals found in or near the hunting area where the damage took place are considered to permanently live in the hunting area, except if the hunting area manager certifies contrary.
54.3. If the Government or any respective ministry prohibits temporarily or permanently the hunting of game animals, than it shall be liable for damages caused by game animals. Prohibition of hunting of game animals does not include designating the open season for animals from article 8.
54.4. A person who graze livestock on land without permission or who has not paid all proper taxes related to grazing and a person who hunt in non-permitted manner according to this law may not make a claim for damage caused by wild animals upon hunting.
Damages to wild animals
55.1. For protection of wild animals in hunting area, hunting area manager shall undertake the following measures:
a) Protection with hunting prohibition of certain species of wild animals throughout the year.
b) Protection with hunting prohibition of certain species during open season.
c) Protection of wild animals in case of elementary calamities (fire, flood, snow, drought, etc).
d) Protection against animal diseases in hunting area.
e) Survey of diseased animals and conduction of measures for control by veterinary.
f) Undertake measures in correcting numerical state of wild animals, through reduction of hunting until reaching their proper number in hunting area.
g) Prevent illegal hunting, protection of offspring and prevent use of poison preparations and other actions not allowed according to this law.
h) On roads, in places where wild animals may pass, proposes to competent body to place traffic signs and limit the speed.
55.2. Legal or natural persons hunting wild animals in contradiction with this law or in the other manner cause damages to hunting area are obliged to compensate the damage caused to hunting area manager.
55.3. Evaluation of damages shall be done by the Commission on damage evaluation established hunting areas of special importance, by the ministry while for hunting areas the commission shall be established by the municipality.
55.4. Compensation of damage shall be done in agreement between hunting area manager and person causing the damage. If the agreement is not reached within 30 days for compensation of damage, the hunting area manger shall realize the damage compensation through regular court procedure.
55.5. The Ministry through a bylaw shall set the pricelist respectively the value of game animals based on which the compensation shall be done, the procedure of compensation and composition of the commissions for evaluation of damages.
Dogs and cats
56.1. Owners of dogs may not let the dogs wander in hunting areas without control.
56.2. Owners of livestock in hunting areas may use dogs to protect and control their livestock, but the number of dogs must be no more than needed for effective protection or control, and the dogs must be under control of shepherds.
56.3. The owners of dogs and cats are liable for damage that their dogs and cats cause to game animals in hunting areas.
56.4. The Ministry, through a bylaw, may authorize hunting area managers to control stray dogs and cats in hunting area.
Chapter IX – Supervision and Inspection
The ministry through hunting inspectors and other authorized bodies shall supervise enforcement of provisions of this law and bylaws issued based on it.
Authorizations and duties of hunting inspectors
58.1. Hunting inspector is authorized and has the duty to:
a) Control hunting areas, management and technical facilities and other conditions set for hunting area for which the hunting area managers is obliged to fulfill during management of hunting area, and the manner of marking the hunting area boundaries.
b) Control enforcement of the management plan and annual operational plans of management of hunting areas.
c) Control business books and other documentation when needed for the purpose of inspecting the use of means, enforcement of rules and measures related to wild animals and hunting area.
d) Control hunting of wild animals, permit for hunting wild animals, accompanying documents and lists of trophies for hunted wild animals.
e) Control use of weapons and ammunition suitable for hunting.
f) Control enforcement of measures for preventing damages by wild animals and order temporary measures for preventing damages to wild animals.
g) Control prohibited measures from article 9 of this law.
h) Control workshops of persons involved in animal embalming.
i) Temporary stops all the actions which are in contradiction with this law and bylaws issued based on it.
j) Temporarily seize animals hunted illegally and its parts, stops circulation or illegal appropriation of the shot animal and its parts and any equipment used in suspected action, until final decision of competent body.
k) Order measures for preventing damages in emergency cases where damages of general interest scale may be caused.
l) Inform competent bodies on irregularities verified and measures for their correction.
58.2. All natural and legal persons who subdue inspection are obliged to enable the hunting inspector open inspection and provide required data.
59.1. If the hunting inspector in the procedure of inspection verifies that provisions of this law or bylaws issued based on it were breached, he shall order through Decision correction of irregularities and shortages within certain term.
59.2. Against the Decision of the hunting inspector may be appealed to the ministry within 15 days from the day of receiving.
59.3. Appeal against the Decision shall not hinder the execution.
59.4. If the hunting inspector, during inspection verities that the breach is civil or criminal violence, he is obliged to request to initiate the civil procedure respectively report the initiation of criminal procedure.
Qualification of hunting inspectors and identification
60.1. Works of hunting inspector may be exercised by a person who has graduated in the Faculty of forestry, veterinary respectively faculty of agriculture, field of livestock or biology and passed the professional exam for hunting inspector with at least 3 years of work experience in the relevant field.
60.2. The ministry shall set the programme for special part of the professional exam from paragraph 1 of this article.
60.3. Hunting inspector shall carry official identification document. The format and content of the official identification document shall be set by the ministry.
Chapter X: Administrative Sanctions
61.1. A person shall be liable to a fine of 1.000 to 10.000 € for civil violence if:
a) Permits hunting or hunts wild animals off the open season for hunting (article 8, paragraph 6, 7,).
b) Organizes or permits hunting of wild animals or hunts wild animals using prohibited techniques or means for hunting (article 9).
c) Breeds wild animals in a number which is not in compliance with biological equilibrium with hunting area (article 14 paragraph 1).
d) Hunts wild animals in no hunting areas (article 24).
e) Gives the right of hunting in hunting areas or other parts on sublease in contradiction with provisions of this law (article 34 paragraph 6).
f) Builds or repairs physical improvements for hunters’ needs in contradiction with this law (article 39.1 point (g)).
g) Has not organized the hunting guard service with number of employees foreseen in operational plan (article 39.1 point (i) and article 45).
h) Organizes or permits hunting of wild animals without development programme and without management plans (article 40).
i) Does not enforce plans and programmes for managing with wild animals (article 41, 42 and 43).
j) Does not revise the management plan in cases foreseen by the law (article 42 paragraph 7).
k) Does not provide protection of agricultural crops and other crops due to the number of wild animals over the number foreseen with management plan (article 51).
l) Does not inform the Veterinary Service when finds out that at wild animals in and out of hunting area occurred or may occur a contagious disease and does not undertake due measures for preventing its occurrence (article 53 paragraph 3).
m) Does not undertake measures for preventing illegal hunting, protection of offspring and other actions (article 55 paragraph 1).
61.2. A person shall be liable to a fine of 500 to 5.000 € for civil violence if:
a) Uses poison for killing wild animal within hunting area without informing the hunting area manager or hunts the wild animal during the night (article 9 paragraph 2 and 4).
b) Permits use of collective hunting for killing or capturing hoofed animals except wild boars (article 9 paragraph 6).
c) Permits dogs to harass or attach the injured animal (article 9 paragraph 7).
d) Permits or hunts wild animals with hunting weapons or ammunition which are not permitted and do not comply with power or resistance of certain animal specie, or using prohibited weapon or ammunition for hunting (article 10 paragraph 1).
e) Permits hunting of wild animals to a person who does not meet the conditions for hunting or is involved in hunting without being qualified as hunter (article 11 paragraph 1).
f) Kills the pest wild animals without informing the police and without permit of hunting area manager (article 13 paragraph 3 and 5).
g) Brings new species of wild animals in the hunting area increasing the number of wild animals, without the permission of the ministry (article 39.1 point (f)).
h) Carries, enables or permits carrying of trophies of wild animals from the hunting area or from the country without the list or trophy form (article 47 paragraph 7).
i) Does not undertake due measures for preventing damages from wild animals (article 49).
j) Does not organize or does not participate in reducing the number of wild animals in threatened areas and bring them in reasonable number (article 53 paragraph 2).
61.3. A person shall be liable to a fine of 200 to 2.000 € for civil violence if:
a) Does not enable hunting for scientific purpose in the hunting area or enables it without hunting permit from the ministry or hunts for scientific purposes without required permit (article 12).
b) Does not mark and maintain the hunting area boundaries (article 25).
c) Does not undertake required measures for preventing damages to wild animals and does not pay attention during use of chemical preparations, harvesting and mowing (article 23 paragraph 1 and 2).
d) Destroys or damages facilities in hunting area or takes, damages, moves or destroys boundary marks (article 39 point 1/d and article 25 paragraph 3).
e) Does not evaluate the trophy and does not keep their register (article 47).
f) Sells, buys or trades any killed game animal or illegally captured or any trophy or product produced from hunted animal (article 48 paragraph 5).
g) Permit dogs wonder in the hunting area in uncontrolled manner (article 56 paragraphs 1 and 2).
h) Hinders the inspector upon completion of supervision or does not provide required data (article 58 paragraph 2).
i) Does not act according to decision of the hunting inspector or orders of hunting guard (article 59 paragraph 1 and article 46).
Besides the penalty for civil violence from article 61, the person may be sentenced the protection measures of seizing the mean – item used or meant for committing the civil violence and the protection measure of seizing the property achieve as a result of civil violence or remained as a result of committing the civil violence.
Chapter XI: Final Provisions
63.1. All hunting areas designed according to previous laws shall remain into power until establishment of hunting areas according to this law.
63.2. Person managing the hunting area in accordance with previous laws shall continue managing them until giving the hunting area on management according to procedures set forth in this law.
63.3. Designation of hunting areas of special importance and joint hunting areas and giving them on management must be done within two years from the day of entry into force of this law.
63.4. Existing management and operational plans of hunting area shall remain into power until establishment and giving on management of hunting areas according to provisions of this law.
63.5. Persons who passed the hunters’ examination before approval of this law shall be considered as qualified hunters.
After entry into force of this law, the Law on Hunting (Official Gazette of KSAK No. 37 of October 5, 1979) and provisions of other laws which are in contradiction with this law shall be abrogated.
Entry into force
The present law shall enter into force after adoption by the Assembly of Kosova on the date of its promulgation by the Special Representative of the Secretary-General.
Law No. 02/L-53
16 December 2005
|Last Updated ( e hënë , 23 shkurt 2009 )|