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Decision of 28 November 2000 laying down rules for fait management and fait management plans (Faunamanagement Decision)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the Secretary of State for Agriculture, Nature Management and Fisheries of 18 February 2000, No TrcJZ/2000/1839, Directorate-General for Legal Affairs;
Having regard to the Article 29, second paragraph , and 30, 2nd paragraph, of the Flora and Fauna Law ;
The Council of State heard (opinion of 11 May 2000, No W11.00 0065 /V);
Having regard to the further report of the Secretary of State for Agriculture, Nature Management and Fisheries of 21 November 2000, No TrcJZ/2000/9597, Directorate-General for Legal Affairs;
Have found good and understand:
For the purposes of this Decision the following definitions shall apply: Flora and Faunal Law .
In so far as the working area of a hunting board of hunting companies is situated in the territory of more than one province, Member States of the province in which the majority of this area of activity are situated recognise a faunamanagement unit and approve a faunal management plan in accordance with the Member States of the other provinces concerned.
In order to be recognised as a faunamanagement unit as defined in Article 29, first paragraph, of the Act to be eligible, a consortium of hunting-holders complies with the Articles 4 to 6 .
1 The grouping shall have the legal form of association with full jurisdiction or foundation.
2 By or under the statutes of the association with full jurisdiction or foundation, the obligations of hunting officials affiliated to the faunamanagement unit shall be included with regard to the exercise of the status of the faunal management unit. granted privileges.
1 The grounds within the grouping of grouping of land on which the hunting and hunting holders in the faunal management unit are entitled to the hunting:
a. have an area of at least 5000 hectares;
b. represent at least 75% of the total area of the working area of the grouping; and
c. are contiguate as much as possible.
2 Without prejudice to paragraph 1 (a), the area of land on which hunting holders referred to in paragraph 1 shall be entitled to the hunt shall be greater than 5000 hectares, if, for that purpose, the conditions for the sustainable and effective management of the land are to be used for the purposes of establishing the species of animal species.
The working area of the grouping shall not extend to the area covered by the care of another faunamanagement unit.
In order to be approved as a faunal management plan, Article 30, first paragraph, of the Act to be eligible, fulfils a plan to the Articles 8 to 11 .
1 The faunal management plan shall cover a minimum of 5000 hectares of the entire faunal management unit's area of work.
2 If on the basis of Article 5, second paragraph , from the point of view of sustainable and effective management of animal species, it is determined that the area covered by the Article 5, first paragraph If hunting holders are entitled to the hunt, exceed 5000 hectares, the fait management plan shall be derogated from the first paragraph at least for that larger area of the whole of the work area of the faunal management unit.
The faunal management plan is aimed at the sustainable management of animal species in respect of which it is intended, in particular, to protect the interests of the species. Article 68, first paragraph, of the Act sustainable management can be carried out.
The faunal management plan shall contain at least the following information:
a. The size of the work area of the faunal management unit;
b. A map showing the boundaries of the work area of the faunal management unit;
c. Quantitative data on the population of the animal species in respect of which sustainable management is considered necessary, including data on the presence of the populations of the area concerned during the year;
d. an underpinning of the need for sustainable management of the animal species referred to in subparagraph C, including an underpinned expectation of the interests as referred to in Article 68, first paragraph, of the Act which would be harmed if it were not managed to manage;
e. a description of the extent to which the interests referred to in subparagraph (d) have been adversely affected during the five years prior to the submission of the fait management plan to be approved;
f. the desired position of the animal species referred to in subparagraph (c);
g. by species, a description of the nature, extent and necessity of the operations to be carried out to achieve the desired position, referred to in subparagraph (f);
h. for each species and crop species a description of the operations carried out during the period referred to in subparagraph (e) in order to avoid claims of the interests referred to in subparagraph (d) and, to the extent that it is reasonably quantitative data be available, a description of the effectiveness of those operations;
i. to the extent that the plan relates to the management of noble deer, damning, reideas or wild boars, a description of the food supply, the relationship between this food supply and the size of the population of the animals concerned, as well as the possibilities of exchange with neighbouring areas;
j. a description of the locations in the work area of the faunal management unit and the periods in the year in which the operations referred to in subparagraph g will take place;
k. the possibility and conditions of use of a derogation granted to the faunamanagement unit on grounds of hunting holders who are not affiliated to the faunamanagement unit, provided that those grounds are within the scope of the faunamanagement unit and where those grounds include those referred to in part j where there is a need for planning management;
(l) in so far as quantitative data are available, based on an assessment of the expected effectiveness of the operations referred to in subparagraph (g);
m. a description of the manner in which the effectiveness of the intended acts will be determined.
The faunal management plan shall indicate that the plan has a period of validity of not more than five years.
In the case of faunal management units under Article 67, first paragraph, of the Act They shall report annually to the Member States on the manner in which they have carried out their activities and on the implementation of the faunal management plan.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: decision-management of faunal management.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 28 November 2000
Beatrix
The Secretary of State for Agriculture, Nature Management and Fisheries,
G. H. Faber
Published the seventh December 2000The Minister of Justice,
A. H. Korthals
