Shared knowledge case: Deer and Silviculture verdict from Bavaria
The highest Bavarian administrative court pronounced a highly interesting verdict a few weeks ago. Among other things, 3 very important positions have been worked out:
1. hunting has a serving function (it serves as a silvicultural tool)
2. the principle of "forest before game" also applies to owners of their own hunting grounds, and
3. A reliable basis for the preparation of the hunting quota is the "Forestry Report", assessing the level of browsing damage in tree regeneration)
The attached letters (see file manager here belwo) have just been sent to all Land Councils in Bavaria and to all lower hunting authorities.
VGH Munich, judgment of 20.11.18 - 19 ZB 17.1601 (judgment to the red deer shooting plan) VGH Munich, judgment of 20.11.18 - 19 ZB 17.1602 (judgment to the Gamsabschusplan)
In November 2018, the Bavarian Administrative Court in Munich handed down two verdicts with regard to the shooting plans to be determined by the authorities. It is clearly confirmed that neither the hunting right nor the property right, nor the personal forestry goals of an owner of his own hunting property may conflict with the legal principle "forest before game". The forestry report is also confirmed as a suitable basis for shooting planning.
In Natura 2000 areas, the shooting plan must even be carried out by the authorities, if necessary, because hunting is only permitted as an area conservation measure here. According to the Administrative Court, an area conservation measure only exists if the principle "forest before game" is observed!