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Regulations On The Felling Of The Wild Species That Do Damage Or That Significantly Reduces The Other Wildly Arters Reproduction

Original Language Title: Forskrift om felling av viltarter som gjør skade eller som vesentlig reduserer andre viltarters reproduksjon

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Regulations on the felling of the wild species that do damage or that significantly reduces the other wildly arters reproduction.

Date of-1997-09-01-1000 Ministry climate and Environment Ministry Published Avd in 1997 1869 01.09.1997 FOR entry into force last modified-2005-03-18-242 from April 1, 2005 Change FOR-1984-04-16-1060 applies to Norway Pursuant law-1981-05-29-38-section 14, law 1981-05-29-38-section 14a cf. law-2009-06-19-100-section 77, FOR-1982-04-02-592.

Announced short title regulations on the felling of harm beneficial wild Chapter overview: in. General II. Felling of the wild species that do damage III. Felling of the wild species that significantly reduces the other wildly arters reproduction IV. Wildlife Fund's property rights v. Punishment WE. Complaint access VII. Entry into force guidelines for felling of wild species that do damage or that significantly reduces the other wildly arters reproduction legal authority: established by the Directorate for nature management (now the Environment Directorate) 1. September 1997 under the legal authority of the law of 29. May 1981 No. 38 of the game section 14 and section 14a, jf. URkgl.res. 2. April 1982 No. 592. See also supplementary comments by regulatory text.
Changes: modified by regulations, april 28, 2004 No. 674, 18 March 2005 Nr. 242. In. Generelt1 1. Killing of wild species in pursuance of this Regulation shall be made security and human sound.

2. before felling duties owner, user or licensee within a reasonable extent to try other measures to ward off injuries or reduce predation.

3. Be put to sleep a father in yngletid should the offspring of dyrevernmessige into account, if possible, be put to sleep.

II. Decreases of wild species that make skade1 A. Black-headed Gull, common gull, herring gull, black-backs, bydue, ring Dove, Blackbird, gråtrost, måltrost, rødvingetrost, magpie, Crow, Raven, House Sparrow, hare, red foxes, weasels, mink, marten and Badger, joint without special permission throughout the year of the owner/user/licensee or the one he makes when the damage these authoring of significant financial impact on one or more of the following values: House, Garden, field, plant or seed culture, actively powered egg-and down weather , fur animal farm, fjørfeoppdrett or game farming. 

B. the county can give permission to the felling of the following wildlife species when these do damage: great Cormorant, shag, grey heron, greylag goose, kanadagås, Common Eider, Eurasian oystercatcher, siland, laksand, Black-legged kittiwake, green woodpecker, black woodpecker, woodpecker, Titmouse flag meat, Jack, Rook, Starling, Tree Sparrow, bokfink, brambling, yellowhammer, grønnfink, wild dompap, alive rabbits and squirrels.
The municipality may also grant permission to the felling of the species mentioned in the clause. A, by other injury cases than those who emerges from the provision.
The municipality can allow hijakt on red foxes if this causes significant damage to the grazing bu fe. 

C. the county can give permission to the felling of the following wildlife species when these do damage: mute swan habit, Pink-footed goose, goshawk, spurvehauk, tern, Arctic tern, bats and otters, as well as stripegås, snøgås and White Leather goose in the counties of Aust-Agder, Telemark, Buskerud, Vestfold, Oslo and Akershus, Østfold, Oppland and Hedmark. 

D. particular cases: the Agency can in other particular cases to give permission to the felling of the wild species that do damage. 

III. Decreases of wild species that significantly reduces the other game the County reproduksjon1 arters may after written application give permission to the felling of the wild species outside of ordinary time, hunting for the species if these substantially reduce other arters reproduction. Such permission can only be granted in relation to the systematic and professional sound wildly measures, how predasjonen involves substantial economic damage to the wild species of industry jaktbare value, or where the predation threatens substantially decimating of local populations.

IV. Fund's Golden Eagle, wild eiendomsrett1, goshawk, bats and otters as common as wild pursuant to damage this regulation is crazy the Fund's property. The one that traps these species to take care of them so they are not exposed to damage, and give the message to the County. After further provisions from the County Governor or the Directorate can also other species required filed.

V. Punishment violating the provisions of this regulation is punishable by the criminal rules of the game Act, section 56.

Vi. Complaint access decisions made pursuant to this Regulation may be appealed in accordance with the administrative law rules.

VII. Entry into force These regulations shall enter into force immediately.
At the same time repealed regulations of 16. April 1984 no. 1060 on the felling of the wild species that do damage.

Guidelines for the felling of the wild species that do damage or that significantly reduces the other game in General a number of reproduction arters species can malicious on business interests, or represent a potential or acute danger of damage to key community interests. It is therefore a very wide range of species, types of damage, injury time, etc. All the necessary trade-offs in such cases can not detaljreguleres in a regulation. It is assumed, therefore, that both those who suffer damage, and the various Government that grants permission, that the damage decreases should be avoided if other solutions can reduce or eliminate the damage issue.
If the injury Dec to be implemented, it is important to clarify that this represents an exception to the general principle of the law of burial, wild, and from the principle that the wild species in the greatest extent possible should be listed in the yngletiden. The regulation is established pursuant to section 14 of the law, wild and section 14a, and determines which wild species such as common. For those cases where it is not undertaken an assessment of damage type of a government agency, cf. par. A, is it specified which damage cases that provide the basis for the Dec. Conservation principle is the Foundation in the game section 3, and in the UROt.prp. Nr. 54 (1992-93) is the principle of yngletidsfredning strongly underlined. This is also reflected in the current hunting time regulations. Against this background the regulations must be interpreted and practiced so that it achieved the greatest possible assurance that those individuals that actually causes the damage, also are the ones that the public.
Hjemmelen in wild law § § 14 and 14a is not limited to individuals that do damage. It is sufficient that it is all about individuals of a species that meet the injury criterion.

General conditions of damage decreases it is a prerequisite that the felling of the damage shall be one beneficial game by several means to prevent or limit the damage. It is still an invariable principle that regulations not be practiced so that it involves a possible undermining of the conservation principle. It is therefore necessary that certain qualified requirements must be met before any felling will be implemented.
Wild Act section 14 sets the requirement that damage to have occurred. This must be understood so that the damage to have occurred in the current season, and to an extent that is of significant economic importance to the injured party, or who want to get the corresponding importance if the damage continues.
In addition to the provisions of the law, it is of the regulations set out rules. as to the killing itself: 1. Killing of harm beneficial species to occur wild security and human sound.

For those species where in pursuance of regulations on guns and ammunition for big game hunting and small game hunting, etc., set out provisions on arms and ammunition, the duties of the individual, like ordinary hunting exercise to follow these. Several of the species listed in the regulations do not have the hunting time. Accordingly, no provisions are available on the use of weapons and ammunition for the felling of these species. It is therefore necessary to use a comparative regulatory interpretation. You can see which requirements that apply in the weapons-and ammunisjonsforskriften for related species with about the same size. The individual is obliged to follow the provisions revealed by such a comparative interpretation.
We do note that within the tightly-knit coat, is the use of weapons in general prohibited pursuant to the current law statutes. In such areas the duties of the individual to obtain the police authorities ' permission to use of weapons before Dec.

2. before felling duties owner, user or licensee within a reasonable extent to try other measures to ward off injuries or reduce predation.

The injured party will be in a reasonable extent have implemented measures to prevent/minimize the damage.
What is understood with reasonable extent, will at all times be subject to discretion. Moments that should be considered is whether the measures will result in: a) a significant increase in the performance, b) investment that will result in a significant financial outlay.

For a variety of damage there will be more forms or less virtually impossible to implement effective measures. In this case, a accept that it is unrealistic to set the requirement that the preventive measures are implemented.

3. Be put to sleep a father in yngletid, the offspring of the dyrevernmessige into account, if possible, be put to sleep.

Damage decreases is the most significant exception to the principle of yngletidsfredning. It is therefore inevitable that a as part of a damage decreases can come to trap a father at a time when the offspring is completely dependent on the mother for its further existence. In addition to the ordinary animal protection into account, sets out the above provision a duty to try to dispel the offspring where this is possible.

Any damage type definitions in the forskriftens section. A is it listed some damage types, and in the following are some of these specified.
Garden: with garden is meant also Berry and fruit trees.
Animal farm: intensively driven agricultural industry, eg. the breeding of foxes, mink, polecat.
Wild farming: game farms where a driver the breeding of e.g. skogshøns, grouse, hare, deer wild.
Poultry: change, tamgjess, Dove Cotes, duck breeding, Turkey.

Dec after forskriftens PT. II A

The right and the responsibility to assess whether the damage is after felling is this provision directly attributed to the property owner/user/licensee. The justification for this is located on several plan. The wild species that are mentioned in point A meet the aforementioned damage criteria regularly and in relatively large scope. All species have in addition a good stock situation. Against this background, there are no qualms about letting the property owner/user/licensee be responsible for putting enact damage decreases. The premise, however, is that the damage should be limited to the yoke to prevent recurrence of the injury occurred.
In other words, it must have happened in fact damage of a certain scope, cf. the General notes in front of. It must also have been tried to avert the damage if this is convenient and economically possible. It's not forskriftens intention to allow killing of species by any damage level. For some values have to a certain amount of damage to be expected and tolerated. Dec after PT. II A means that the property owner/user/licensee in retrospect must be able to prove that he in fact has been the victim of damage of significant economic importance.
The landowner's/user's/rights right to havers undertake damage decreases applies only at your own reason. Any decreases that are made to happen within the framework that is set out in the regulations and guidelines. Property owner/user/licensee is responsible for the Dec happens in a concrete injury situation on the actual damage the site. The Dec should to the greatest extent possible frame it or the individuals who actually do damage.

General forskriftens section II B, C and D Damage situations and application for General felling is often acute and should be treated as a matter of urgency of the competent government agency. The application shall be in writing and specify what it is damage to and the extent to which, the place where the damage is and what preventive measures that are tried to prevent/reduce the damage. It should also be stated whether there has been damage in previous years.
The competent administrative agency shall on the basis of the application consider about the basis for giving the permission is present.
The species mentioned in these points have a higher status than the protected species mentioned in par. A, and it should consequently be released a concrete assessment from the competent body before felling can be taken, if any. That decision-making authority is attributed to three different management level reflect the same ratio.
The management level that has the authority to facilitate decision-making, the basis for a proper decision in line with the common principles for public proceedings.
The administrative organ shall determine the special conditions of any permit, including: 1. The number of individuals of a particular viltart as the common Quantity limitation is determined after a closer assessment of the wound and importance in relation to the game the stock situation in the municipality, County or country. The purpose of these regulations is not to open for opportunity to the general population of the species decimating that is mentioned in the regulation. 
2. In which narrowly defined area fellings permission is valid Permission to the felling of the damage the beneficial game comes in the starting point for the applicant's own property. The felling permission should, however, be demarcated to the locality where the injury actually occurs. If the permit is for a restricted area with several property owners, all affected property owners give consent to the Dec on their part of the site. 
3. in what period of time the felling permit is valid time limit for the felling permission to be considered and, where appropriate, be determined to the period damage actually occurs. Some bird species may act in the breeding time in such a way that it is difficult to distinguish between the breeding and non-breeding individuals. If the damage is not so extensive that this respect goes ahead, no species common in yngletiden. Each injury case will be subjected to an independent review. It should therefore not be given the perennial permissions. 
4. who permission applies for it is basically nothing in the way of giving the felling permission to several property owners/users/licensees under one after application, if the injury criteria are met for all the properties.
The administrative authority must then determine, in collaboration with who to the applicants stand as responsible for the Dec be organized and undertaken in accordance with the permit. The felling permit is issued to the applicant, which itself is responsible for felling is conducted in line with the regulations and any conditions set by the administrative authority. Search bears any costs of felling and to the safeguarding of, if any, field game. For species that are required to safeguard the animals seek filed so that any financial or scientific value are maintained. 
5. Reporting duty it should be determined that any given the felling permission pursuant to forskriftens section B, C and D shall entail a duty to report on the outcome of the Dec. It also appears to forskriftens section IV where it emerges which species to fall game Fund.
Felling of harm beneficial wild species must follow the rules for hunting practice as set out in the wild the law with regulations. The felling permission should provide information about the weapons and ammunisjonsbestemmelser, allowable gear etc. DN clarifies that the use of artificial lights or motorized vehicle/vessel not allowed used during the injury Dec.
Besides the preceding terms and conditions, provide information about the felling permission complain to the parent access management authority. 
Conditional fellings permission A felling permission should primarily be justified based on an acute injury situation. The opportunity should still be kept open for that one in exceptional cases can provide on the basis of the felling permission earlier damage problem. In such cases, it should be given conditional fellings permission that will be implemented only when the damage occurs again. Such conditional permits can be given by the municipality, the County Governor or the Directorate. By the use of conditional permission can be associated with the felling the special terms and conditions to this. 
Migratory species Migratory Species is often a difficult problem in injury context. The course of events often damage species in two different ways, depending on whether the species is on the move and use that person as a resting place, locality or if the appropriate area utilised as wintering Habitat. In both cases, it is highly doubtful whether the injury provides the desired effect decreases without this added up as an intensive and sustained avskyting. The latter solution is clearly outside the forskriftens frame and should not be approved.
For a part of the species this is true, should the effort be concentrated about preventive measures. Through such work, it should be possible to get the damage down to a minimum. In exceptional cases it may also be applicable here with the individual permissions. 
Management nivåenes authority to give permission to the municipality of felling of all species under par. A, if the injury or inflicts problems that are not mentioned in section a. Sanitary problems or damages of health the character is important in this context. Damage of health character can be noise of such a scope that affects people's needs for rest, or that provide a subjective feeling of discomfort. In such cases, it is natural that the municipality's wild body work with the local health authorities.

Felling of the wild species for section IV Game section 14a was taken in by the revision in 1993, giving the County the opportunity to allow the felling of the wild species that significantly reduces the other wildly arters reproduction. The provision should be practiced restrictive.
First it must be evidence that there are one or more current predators within a site that predaterer other wild species of industry value. In addition, the predasjonens scope be of such character that it materially inhibits or reduces the switch the animal's reproduction.
It can be seen also by the provision that the permission to the Dec can be given only in relation to the systematic and informed game action. This means that the permission will be linked up to the concrete, avgrensete areas where there is a targeted schedule for wild game.
Forskriftens PT. In also applies to the felling of the wild species for section IV, which means that it will be implemented preventive measures. Such measures will in this context be taxing the current predators within these arters ordinary hunting time. If taxation of those predators can take place efficiently through ordinary hunting time, should not normally be granted permission.
The provision applies only to species where it is set out hunting time, and the provision is meant to be able to give permission to the felling in yngletidsfredningen for these species.

Methods of decreasing damage beneficial wildlife species Forskriftens dispensasjons access to the felling of the harm beneficial species conservation wild only applies to provisions and does not provide any exemption from the requirements of the regulations on guns and ammunition, etc., cf. e.g. weapons forskriftens section 4.10. Felling of harm to beneficial species in General, therefore, wild game follow the requirements for ordinary hunting exercise as stated by wild law and its regulations.
However, it is not necessary to resolve the Hunter fee to participate in an injury Dec.