Hunting and Natura 2000
The Habitats and Birds Directives include provisions for species subject to hunting laws, although the Habitats Directive itself does not specify hunting regulations. Hunting is often permitted at Natura 2000 sites (SAC or SPA sites), provided it aligns with proper practices. Member states are required to establish national regulations that promote sustainable hunting while ensuring compliance with Natura 2000 conservation goals.
Articles 7 and 8 of the Birds Directive address bird hunting. Under Article 7, bird species listed in Annex II may be hunted, but member states must ensure this does not compromise conservation efforts for these species. Hunting is also restricted during nesting, breeding, and rearing seasons, and for migratory birds, hunting is prohibited during migration. Article 8 further limits the use of certain hunting methods. To support member states in implementing these hunting provisions, the European Commission published a "Guide to the Hunting Provisions of Council Directive 79/409/EEC on the Conservation of Wild Birds" in 2008.
Hunting Laws in Germany
In Germany, hunting laws are governed by the Federal Hunting Act (“Bundesjagdgesetz” =BJagdG) alongside state-specific hunting regulations, which may include variations in rules, hunting seasons, and management practices. The BJagdG defines hunting as "the pursuit, stalking, killing, and capturing of game" (§ 1, para. 4 BJagdG). "Game" refers to "wild animals that are subject to hunting law" (§ 1, para. 1 BJagdG), with specific species outlined in § 2 of the BJagdG. Individual states have the authority to expand this list as needed (cf. § 2, para. 2).
Hunting is only permitted during designated hunting seasons; outside these periods, “game” must be protected (closed seasons). Certain species, such as elk, wildcat, and great bustard (cf. closed seasons as of February 28, 2022), are subject to hunting law but have year-round protection, prohibiting hunting of these species. While some species can be hunted year-round, they are typically protected during their calving, breeding, and rearing seasons in most federal states. States have the authority to create exceptions for specific species and to establish hunting and closed seasons that differ from those outlined in the BJagdG (cf. § 22 BJagdG).
Germany operates a territorial hunting system, meaning that hunting rights are tied to land ownership, and hunting may only take place in designated hunting areas—either private hunting grounds (minimum area of 75 hectares) or communal hunting grounds (minimum area of 150 hectares) (see §§ 3, 4, 7, 8 BJagdG). In addition to designated hunting areas, a hunting license is required to hunt legally (see § 15 para. 1).
Hunting and Natura 2000 in Germany
Under the FFH Directive, hunting practices and the establishment of hunting facilities (such as hunting stands) in Natura 2000 areas are permitted as long as the conservation objectives for the affected species and habitats are maintained. However, member states may implement additional regulations to safeguard these species and habitats. For instance, they may impose restrictions on hunting seasons or prohibit the hunting of certain species.
Regulations governing hunting in Natura 2000 areas in Germany are defined by state hunting laws, relevant implementation regulations, and specific management plans for these protected areas. If a Natura 2000 site is additionally protected by another legal category, the regulations cording this category will take precedence.
Annex V Species Under the Hunting Law
Annex V of the Habitats Directive lists "animal and plant species of community interest whose removal from nature and use may be subject to management measures." Some species within Annex V, such as chamois, pine marten, and ferret, are governed by the BJagdG and classified as game species. However, in many federal states, both the pine marten and ferret have no designated hunting season, granting them year-round protection. Other species covered by hunting regulations include the harbor seal, Alpine ibex, and snowshoe hare, all of which are also protected year-round across all federal states, prohibiting hunting (cf. closed seasons as of February 28, 2022).
Species in Annex V with designated hunting seasons, such as chamois and, in some federal states, pine marten and ferret, may be hunted during those periods, provided that measures are implemented to maintain their favorable conservation status, as stipulated in Article 14 of the Habitats Directive. These measures may include establishing hunting and closed seasons as well as culling plans. To ensure compliance, the conservation status of these species must be consistently monitored (Article 11 of the Habitats Directive), which involves obligations to report on their distribution, population status, habitat conditions, and potential threats.
Sources
BJagdG: Federal Hunting Act as amended on September 29, 1976 (BGBl. I p. 2849), last amended by Article 291 of the regulation of June 19, 2020 (BGBl. I p. 1328), available at https://www.gesetze-im-internet.de/bjagdg/BJNR007800952.html
FFH-RL: Directive 92/43/EEC of the Council of May 21, 1992, on the conservation of natural habitats and of wild fauna and flora, available at https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:01992L0043-20130701&from=DE
JagdzeitV: Ordinance on Hunting Seasons of April 2, 1977 (BGBl. I p. 531), last amended by Article 2 of the regulation of March 7, 2018 (BGBl. I p. 226), available at http://www.gesetze-im-internet.de/jagdzeitv_1977/BJNR005310977.html
Vsch-RL: Directive 2009/147/EC of the European Parliament and Council of November 30, 2009, on the conservation of wild birds (codified version), available at https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:02009L0147-20190626&from=DE