Hunting Law, 13-4-2000

Original Language Title: Llei de caça, de 13-4-2000

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Hunting law since the General Council at its session of 13 April 2000, has approved the following: hunting Act preamble Andorra is a country particularly privileged by nature, both for the diversity of its wildlife and their habitats, specific of the Pyrenees;

both have historically been part of the most important natural resources for its inhabitants.

This wealth of flora that has allowed the exercise of hunting, either traditionally, either as a demonstration of a group of the population, requires a constant and priority attention of the State in order to preserve it and keep it as indispensable natural heritage for future generations.

The lack of a suitable and sufficient control in the exploitation of natural resources has been translated, in the international arena, in the disappearance of a large number of species of wild animals and in an accelerated degradation of nature.

In front of these troubling facts, different world organizations and all States of our environment have made it clear the interest to preserve natural environments with concrete actions, planned and coordinated, with the aim to correct the imbalances noted.

The Bern Convention of 19 September 1979 on the conservation of wildlife and the natural environment in Europe, is a manifestation of the international interest for these issues and has led to an effective adaptation of the hunting area of the Member States of the Council of Europe, with a unifying vocation at the European level. Article 1 of the Bern Convention is concerned, in particular, of the species and habitats, the conservation of which need the cooperation of several States, and agrees to a particular attention to species, including migratory species in danger of extinction and vulnerable.

With the same orientation, the article 31 of our Constitution has embodied the principles and the requirements for the conservation of the nature mentioned above, and States that it is a function of the State to ensure the rational use of the soil and of all natural resources, in order to guarantee everyone a decent quality of life and to restore and maintain a sound ecological balance for future generations in the atmosphere , the water and the Earth, and to defend the native flora and fauna.

With regard to the chamois, is believed to favour an optimal population of this species in Andorra, all allowing a hunt system compatible with the provisions of the legislation in force until now, at what point is the creation of new game reserves where hunting of ungulates in general is managed through hunting plans based on the characteristics of the territory and of the populations that inhabit it.

On the other hand, this law aims to provide more means to fight the poaching, increasing the powers of Policemen and crossing to the penal code the actions that constitute the poaching.

In order to adapt the legal provisions that regulate the exercise of hunting in Andorra for the mentioned constitutional precept and also to update them, it is necessary the enactment of the present law on hunting, which replaces that of 5 July 1988, amended on 31 July 1991 and 30 June 1995.

The scope of the present law on hunting is limited to the Organization of the hunting activity, as it is considered advisable to reserve general regulation for the conservation of nature and natural resources in future provisions, in accordance with the framework set out in the Constitution.

Title i. General provisions Article 1 this law regulates the exercise of hunting in a manner compatible with the protection, conservation, promotion and the use of the national wealth of flora, respecting the international commitments acquired.

Article 2 shall be understood as the Act of hunting activity exercised by the people through the use of arts, weapons or adequate means in order to find, attract, Chase or acuitar animals, with the aim of capturing them alive or dead.

Title II. Caçables species Article 3 are only caçables species of wild animals that will be set for regulatory pathway.

The regulation that defines the caçables species should apply the Annex II of the Bern Convention.

Article 4 4.1. Within the caçables species can be defined species and species subject to a game plan.

4.2. Each year, the Government sets regulations on the conditions and the period of hunting for the species defined as not caçables adjustable species or subject to a game plan in accordance with the international agreements purchased.

Article 5 5.1. Are those that are: a. adjustable species dangerous to health or public safety.

b. those that cause major damage to agricultural activities, forest or the fauna or flora in general.

5.2. The qualification of adjustable species, as well as the specific regulation that must be applied to this species, which are defined by government regulations.

Article 6 6.1. Are subjected to a hunting plan which obtained this designation by regulation.

6.2. The hunting of these species is regulated with the aim of managing stocks, taking into account the capacity of the territory and the maintenance of a balanced structure of the population.

Article 7 7.1. The Government can establish anyalment a plan of measures aimed at restocking and the cinegetic species of interest.

7.2. For the reforestation cannot employ individuals of little varieties adapted to the conditions of the Andorran territory that may cause phenological genetic pol·lucions between the existing indigenous population.

7.3. Any repopulation requires the prior authorization of the Ministry responsible for hunting.

7.4. In the event of introduction of non-native species, they must perform a preliminary study, incorporating the experience of similar cases, in order to test its viability.

Article 8 with regard to the species chamois, the hunting pieces and their flesh cannot be the object of purchase, sale or consumption in public establishments.

Article 9 9.1. The pieces of hunting and meat may not be transported during the veda except if you come from legally abroad. This prohibition comes into force seven days after the closing of the hunting season.

9.2. The pieces of dead hunting according to a plan of hunting can only be transported if you wear the ring or if you are accompanied by a document certifying.

Article 10 Other banned the transport and possession of caçables animals live, defined as

adjustable or species subject to a hunting plan, without an authorisation issued by the Ministry responsible for hunting.

Title III. The hunting grounds of Article 11 The hunting lands are classified into: areas of use common cinegetic game reserves temporary security zones hunting reserves Article 12 12.1. Are areas of common cinegetic use those that have not been defined as game reserves, hunting safety zones or temporary reserves.

12.2. In the areas of cinegetic use common, the practice of hunting can be practised with no other limitations than those provided for in this Act or in the regulations that develop and the complementary norms.

Article 13 13.1. The game reserves, ensuring the protection, conservation and promotion of native species. The creation, modification or cancellation of the game reserves is made by law.

13.2. The game reserves it is forbidden any action and carry any weapon.

13.3. The inhabited places, roads and secondary roads included in a hunting ground, is only authorised to carry guns if they are unloaded and properly sheathed.

13.4. the provisions of the preceding paragraph Ultra, via regulatory, you can arrange the capture of certain units when, in application of the plans of management of game reserves and in coherence with the game plans of each species, these plans you have.

Article 14 14.1. The temporary hunting reserves are intended for the temporary protection of all the animal species that inhabit it. The Government establishes the temporary reserves anyalment by hunting regulatory, taking into account the balance between the different parishes in terms of the total area affected by hunting reserves and temporary reserves.

14.2. The temporary reserves it is forbidden any action and bring any weapon, except during the period of hunting of chamois. In General and secondary roads roads inhabited places included in a temporary charge of hunting, only authorises bear arms if they are unloaded and properly sheathed.

14.3. In temporary reserves will allow the hunting of Chamois during the working day for this game, in the conditions established in this law, the regulations that develop and the complementary norms.

14.4. Ultra in the previous sections, through regulatory, you can arrange the capture of certain units when, in keeping with the game plans of each species, these plans you have.

Article 15 15.1. Security zones are considered: a. the vicinity to inhabited places and on roads open to the general circulation of vehicles at a distance less than or equal to one hundred and fifty (150) metres.

b. the secondary roads open to vehicle traffic, in a distance less than or equal to twenty-five (25) meters.

c. areas where cattle fish.

15.2. it is prohibited to hunt the first two security zones referred to above. The third security zone, hunters must adopt special measures of precaution in order to ensure the protection and safety of people, animals and property. In any case, when caci on the limits of the areas of security, you should always do back in these areas.

15.3. To demand of the ordinary affected, the Government may, by regulation, to ban temporarily the exercise of hunting in areas of human activity.

15.4. In security zones defined in article 15.1, sections a-and b-, it is forbidden to bring any weapon if it is not downloaded and properly in his Holster.

Article 16 The protected spaces can be considered as a hunting ground.

Title IV. Hunting licenses Article 17 have the right to hunt any person over the age of sixteen, the owner of the hunting license, in accordance with this law, the provisions that develop and the complementary norms.

Article 18 any person who wishes to obtain a hunting license must be a member of the hunting Federation in the country.

Article 19 even though Hunter is obliged to compensate the damage you've caused in the exercise of the Chase.

Article 20 The hunting license is a personal and non-transferable document, get it and get it is mandatory for the practice of hunting.

Article 21 the Government establishes a system of evaluation, convener at least a test of the year, on knowledge of wildlife, habitats, use of firearms and legislation on the protection of the environment, hunting and weapons. This evaluation is required for the delivery of any hunting license provided for in this law to the people that request for the first time and those who have been withdrawn for copyright infringement of this law.

Article 22 22.1. The hunting license is given anyalment by the Ministry responsible for hunting, within the period and in the economic conditions to be determined by the regulations.

22.2. The persons who have been deprived of legally bear arms does not have the right to enjoy the hunting license.

Article 23 for the hunting of species subject to a plan to hunt down special licenses. The Government, through regulatory, determine the management of these special licenses, which are subject to the provisions set out in article 22 of this law.

Article 24 The hunting licenses are valid for a single hunting season.

Article 25 25.1. For obtaining or renewing any hunting license provided for in this law, it is necessary to attach the certification of an insurance company, duly authorized to act within the national territory, which atesti that are covered civil responsibilities in which they may incur the Hunter directly or their dogs, for a sum that will be set by regulation.

25.2. To obtain or renew the hunting license must meet the requirements set out in current regulations concerning possession and transport of weapons.

Title v. hunting season Article 26 the exercise of the right to hunt is subject to opening dates, and the days fixed anyalment by the Government through regulatory.

Article 27 you can only hunt by day. day is understood to be the time between sunrise and the first foscant.

Article 28 28.1. The Ministry responsible for the hunt can, temporarily banned hunting regulations in the areas affected by fires, floods, epizoòties or other special circumstances.

28.2. It is forbidden to hunt snowing and 24 hours after snowfall, if the snow covers the ground sufficiently to make it easy to follow the trail of the pieces

game, with the exception of the hunting of deer and the pig.

Title VI. Article 29 29.1 hunting systems. Only allowed the exercise of hunting with firearms (rifle, shotgun) and with arches.

29.2. If used hunting dogs, the hunter must act diligently enough to avoid that they can pass through without any control and cause damage.

29 .3º. The use of dogs in hunting of chamois is prohibited.

Article 30 it is forbidden to use the widgets and the following methods to hunt: 30.1. All kinds of ties, networks, branches with League, hooks, ferrets and/or other media or similar methods.

30.2 apparatus for reproduction of sounds; electrical appliances able to kill or stun; artificial light sources; mirrors and other dazzling objects;

white lighting appliances; mira devices with electronic image converter; infrared devices. the residual light intensification devices;

silencers and similar widgets.

30.3. Explosives, poisons, drowsy, baits or emmetzinats with tranquil·lizants;

gases or fumes; live animals used as a teaser.

30.4. compressed air guns and Rifles.

30.5. semi-automatic Weapons with more than two cartridges, not counting the one in the bedroom, that is to say, the maximum allowed is three shots.

30.6. motor Vehicles, cable cars, chairlifts, ski lifts, aircraft and any mechanical means of transport, and any other use of widgets and/or methods contrary to the art of hunting in general.

Article 31 31.1. The Ministry responsible for the hunt can be authorized throughout the year and throughout the territory capture and/or the sacrifice of animals that have become harmful or may involve a danger to the people, for the other animals, for the environment or for scientific purposes.

31.2. The Ministry responsible for the hunt can authorize shooting at night or other suitable procedures for the control of adjustable species.

31.3. The Ministry responsible for the hunt can authorize the use of tranquil·lizants or other appropriate methods for the capture of live animals with scientific or technical purposes.

Title VII. Chamois hunting Article 32 for the exercise of hunting of chamois in the working periods established by the Government, it is necessary to have the special license to hunt the chamois of the current year.

Article 33 The hunting of chamois in the game reserves is subject, in addition to the precepts that determines this law, to which the rules of operation of game reserves and the regulation of hunting of chamois.

Article 34 in all cases prohibits the hunting of goats of the species chamois.

Article 35 the Government authorizes regulatory for a number of annual catch. Until the creation of new game reserves does not allow an increase in the population of isards in Andorra and, therefore, the implementation of management plans, the Government authorized, out of game reserves, a number of hoops equivalent to twenty-five percent (25%) of the total number of special licenses to hunt the chamois issued.

These rings are handed out one for every four hunters, are transferable and collective character, its distribution is regulated by regulation.

Title VIII. Management and monitoring of the hunt Article 36 The hunting Federation in accordance with the purposes set forth in its bylaws, acts as a consultant and contributor of the Government body in compliance with this law, the regulations that develop and the complementary norms.

Article 37 37.1. The Monitoring Committee of the hunt, which is made up of the following members: a. the president of the Commission, a position that falls on the Minister/head of the hunt.

b. the Vice-President of the Commission, a position that falls on the president of the hunting Federation.

c. the director of the Department of the environment.

d. the head of the Natural Heritage.

e. On the head of the body of Policemen.

f. Two members appointed by the hunting Federation.

g. a representative of the animal protection associations and defence of nature.

37.2. The objectives and functions of the Monitoring Committee of the hunt are, but not exhaustive, the following: the preparation and follow-up of the implementation of the plans of hunting, the analysis of future hunting plans and the monitoring of the species counts.

37.3. The Government establishes regulations for the operation of the Monitoring Committee of the hunt.

Article 38 Policemen's body acts as a service to control the exercise of hunting and of activities at the margin of the law, mainly from poaching, according to this law, the regulations that develop and complementary norms.

Article 39 without prejudice to the provisions of the regulation of their creation, the body of Policemen has, in the area of hunting, the following attributions: fee fixing. Ask for the documents required for the exercise of hunting as well as the personal identification documents, to all the people who practice or are in a position to practice it.

arrangement. Monitor and review in Sitges, hunting bags, sacks, weapons, vehicles, or any other tool that allows the transport of utensils, tools, weapons or live or dead animals.

39.3. Monitor and inspect all kinds of mountain refuges and/or public cabins.

39.4. Require any person in possession of a gun that the download to make a regulatory control.

39.5. Do stop and freeze in case of suspicion of transporting weapons and/or animals, any type of vehicle or means of transport to proceed with the identification of the persons and the search of the vehicle and of the people.

39.6. Control and search any suspicious person or susceptible of having committed an infringement to the legislation and regulations in the field of hunting and the people who accompany.

39.7. To confiscate any type of weapon or material used after having ascertained an infringement to the legal provisions in force in the field of hunting.

39.8. Confiscated Live animals or dead, captured, transported or marketed, provided that it is ascertained an infringement of the legislation in the field of hunting.

39.9. Carrying a long gun when you have to perform selective shots or biological order.

Title IX. Infractions and sanctions Article 40 40.1. Breach of this law gives rise to minor offences, serious or very serious.

40.2. The aforementioned offences be classified from mild, serious and very serious, taking into account their impact and their social significance with regard to the security of people and goods and to the circumstances of the charge, his illicit profit, participation and the benefit obtained, as well as

on the irreversibility of the loss or damage occurred.

40.3. If there is a criminal process in progress, concurring with an administrative record instructed to the same violation, suspended the processing of this last until until firm judgment.

40.4. Without prejudice to the administrative or criminal liability in which have been incurred, violators have to satisfy the amount of the damages and damages caused.

Article 41 Are minor administrative offences, punishable with a fine of 5,000 to 50,000 PTA and the suspension of the license of hunting for a season if it does not meet the fine, the following: 41.1. Hunt is the holder of a license without carrying it.

which 41.2. Infringe article 29.2 and 29 .3º.

41.3. Violating the article 30.5.

41.4. Any other action or omission similar voluntary and that violates the requirements of this Act or the regulations that develop and not be constitutive of an offence more serious than the precedents.

Article 42 administrative offences Are serious, punishable with fines of 50,001 to 250,000 PTA and the suspension of the license of hunting for two seasons, as follows: 42.1. Hunting during hunting season in working days.

42.2. Hunt without being the owner of the hunting license.

42.3. Control with any system or medium the movements of agents of the forest guard's body, with the aim of facilitating the illegal hunting or hide the pieces and hunting utensils, whether it's done personally as if it rubs off on other people.

42.4. Violating the article 7.3.

42.5. Infringe article 10.

sleek 42.6. Infringe articles 28.1 and 28.2.

art.42.7. To destroy or damage the installations and the ToolTips for the protection, promotion and information on hunting areas.

Article 43 administrative offences Are very serious, punishable with fines of 250,001 to 500,000 PESETAS and the suspension of the license of hunting for three seasons, the following: 43.1. Hunt the chamois without special license.

43.2. Breach of article 8.

43.3. Violating article 9.

43.4. Violating the article 13.3.

43.5. Violating the article 14.2.

43.6. Infringe articles 15.2, 15.3 and 15.4.

43.7. Does not collaborated or impede the tasks of Policemen according to the attributes of article 39.

43.8. Catch a species or a drive that has not been fixed by the regulations by the Government.

43.9. Infringe articles 29.1 and 30.4.

44 article 44.1. Any crowded of infringement against the precepts of hunting entails incidentally and provisional manner the comís of the material and of the game, dead or alive. On the hunt alive, given the destination determined by the Government. The dead parts, if they are edible, they are delivered to a charity Center. The goods seized are comissats and on deposit at the expense of the Government, until the payment of the penalty, unless by judicial or administrative decision is available otherwise.

44.2. If the offender is a non-resident person is obliged, before leaving the country, to leave a deposit of the amount of the possible sanction provided for in the crowded of infringement, in addition to the comís specified in the previous section.

Article 45 The simple number in any of the offences established in the present law, the use of a fictional identity and performance with violence or threats, involve the application of double the amount of the penalty.

In case of recidivism, the Government imposed administrative sanction multiple maximum. In any case, the amount of the fine may not be greater than the estimated amount of the quintuple in the present law.

Article 46 the infractions to the present Law prescribe after a year.

Article 47 the term of prescription of infringements will be counted from the day on which they have committed. The period of prescription of sanctions starts counting from the day after the day on which purchase firmness the resolution which is imposed the sanction. The prescription of the exigibilitat of the infringements is interrupted with the opening of the corresponding sanctions.

Repealing this law derogates the law amending the law of 5 July 1988 in hunting, 31 July 1991 and amended on June 30, 1995, and all other provisions that the versus offline.

Final provisions 1. The Government dictates the rules and regulations for the application and development of this law.

2. The amounts fixed in articles 41, 42 and 43 are updated periodically according to the budget Law.

3. This law enters into force at the end of 6 months of their publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 13 April 2000, Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac President of the French Republic of Andorra Co-prince Juan Marti Alanis Co-prince of Andorra, the Bishop of Urgell

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