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Wildökologie und Jagdkunde
Modifications in hunting system after the merger
between East- and West Germany
Sven Herzog
Quelle www.rothirsch.org
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A look back into history.
Hunting, hunting customs and huntig legislation
is closely connected with historical development

• (Pre- and postglacial period)
• (Antiquity and medieval times)
• End of middle ages until civil revolution 1848
• Period from 1848 to Preussen huntig legislation
  and Reichsjagdgesetz
• Period after world war II Eastern and Western
  Germany
• Period after 1989

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Late middle ages

• Hunting is subject to seigniorage of the kings
  and more and more when oligarchic structures
  developed- upper nobility and even gentry
• Bondsmen and free farmes are widely excluded from
  hunting and fishery

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Beginning of modern age

• - Farmers and townspeople widely excluded from
  hunting
• Hunting seigniorage as a privilege by the
  emperor, given to the upper nobility
• Ungulate populations and damages in agricultural
  crops are high
• e.g. Tübingen Forest 1758 presumably nine red
  deer per 100 ha
• Farmers are bearing extensive hunting soccages
• Wildlife and livestocks (wood pasture) are
  sharing the poor food supply in damaged forests

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French revolution until end of 19th century

• Hunting rights are connected to real estate
  (Germany1848)
• i.e. free hunting for any landowner
• Reduction of wild ungulate species, espec. Red
  deer and Wild boar
• Sustainable Forestry and decreasing intensity of
  wood pasture improve ecological situation in the
  forests
• However Red deer populations are at a minimum in
  the late 19th century and it is extincted in
  several regions
• First subtle legizlation to protect wildlife in
  several states

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Hunting legislation in Germany until World War II
First hunting laws in single states in the
1920s/early 1930s Most comprehensive legislation
in Preussen, major parts of the Preussen
legizlation have been adopted by the
Reichsjagdgesetz 1934 First integrative nature
conservation lgislation in 1935 New aspects in
hunting legislation species conservation was
privatized for a certain group of
species obligation of the landowner to care for
the game (Hege) strong focus on the
requirements of land owners
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Hunting legislation in Germany after World War II
Germany was divided into Federal Republic of
Germany (Western Germany) and German Democratic
Republic (Eastern Germany) Federal Republic of
Germany enacted a federal hunting law
(Bundesjagdgesetz), supplemented by hunting laws
by the states, based on principles of the old
Reichsjagdgesetz, adapted to democratic
strutures, and stressing the rights of the
landowner German Democratic Republic enacted one
central hunting law, as well as supplemental
acts, stressing socalistic body of thought
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Similar aspects of both parts of Germany

• Species covered by hunting legislation and
  species covered by nature conservation laws are
  different, clear boundaries between both sectors
• Forests and agricultural crops are to be
  protected from wildlife damages
• Healthy and diverse wildlife populations are to
  be maintained (Hege)

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Some specifics of German Democratic Republic
Wildlife is public property Hunting is directed
and organized by the state Wildlife management
is to be conducted by the public forest companies
(regularly also responsible for compensation of
wildlife damages in agricultural crops) Hunting
is to be conducted by public hunting cooperatives
(Jagdgesellschaften), completely independent from
land ownership.
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Some specifics of German Democratic Republic
Wildlife harvest for creating income plays a
major role, in addition to recreational
hunting Certain areas are under special
administration of the Ministry of Agriculture
(Staatsjagdgebiete), managed by the public
forest companies, directly controlled by the
gouvernmental department and regularly including
large wildlife research areas
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Post-reunification situation
The merger was with respect to the hunting system
more an acquisition The hunting system
emphasizing the rights of the landownder seemed
to fit better into the changed political, social
and economic framework Functional framework was
similar in both systems before Conflicts between
certain (especially neighbouring) stakeholders
became more evident, such there are hunters,
forestry, farmers, nature conservationists,
community authorities, tourism, sports,
equestrians
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Some specifics of Federal Republic of Germany
Wildlife is unappropriated (res
nullius) Property is to be gained by killing or
capturing the animal legally Hunting rights are
directly connected with real estate, i.e. the
landowner keeps alle hunting rights (including
all obligations) Hunting itself is tied to
certain minimum acreages, i.e. 75 hectras
connectedly owned by one and thes ame
person Landowners with less or not connected
acreages are incorporated by law to landowner
cooperatives for hunting (Jagdgenossenschaften),
normally including all those real estate of one
local district with a minimum size of 250 hectras
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Some specifics of Federal Republic of Germany
(continued)
The landowner is not allowed to trade hunting
rights separately, but it is possible and common
to lease them to private persons Recreational
hunting is dominating, wildlife harvest primarily
for creating income plays a minor role
Exception Forest companies have certain goals,
e.g. wildlife management serves silvicultural
efforst and, in addition, delivers an additional
income Public organisations (like e.g. national
parks) have very specific non-economic management
approaches Forest and agricultural crop damages
are (for certain species) to bear or to be
refunded by the landownder on principle it is
possible to strike certain regulations within the
leasing contracts to obligate the hunter
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Outlook- actual problems to be solved

• Minimum size of hunting areas (75 resp. 250
  hectars) is too small for management of large
  game species
• Larger areas are possible only on a voluntary
  basis
• International European Court of Law has decided,
  that obligatory (by law) membership of landowners
  in cooperatives may be illegal under certain
  circumstances
• Sectoral division of hunting and nature
  conservation legislation is contraproductive and
  will only lead to more bureaucracy as well as to
  intensified conflicts between different
  stakeholders
• A unified hunting-, fishing- and nature
  conservation law would be helpful (see for
  example different states of Switzerland)

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Outlook- actual problems to be solved (continued)

• Large wildlife research areas are lacking
• Authorities normally try to solve conflicts by
  top- down orders or by new legislation and often
  they will fail
• Participatory approaches to solutions of those
  conflicts are poorly developed and nearly not
  integratewd into actual legislation