Description
Description
Compensable game damageis damage caused by certain game species (hoofed game, wild rabbits and pheasants) to agricultural, forestry or horticultural land and plants, even if these have been separated from the ground but not yet harvested.
If a property belonging to a common hunting district is damaged, the hunting cooperative must compensate the injured party for the damage. If the tenant hunter has assumed full or partial compensation for the game damage, the tenant hunter shall be liable for compensation. The provisions shall apply accordingly to hunting districts owned by the hunter.
If land products whose full value can only be assessed at the time of harvest are damaged by game before this time, the damage caused by game shall be compensated to the extent that it occurs at the time of harvest. When determining the amount of damage, however, it must be taken into account whether the damage can be compensated for by replanting in the same crop year in accordance with the principles of proper farming.
Hunting damageis damage caused to land in connection with the practice of hunting.
Damage caused by game to vineyards, gardens, orchards, tree nurseries, avenues, single trees, forestry crops with species other than the main species of wood found in the hunting district or open-air plantings of horticultural or high-value commercial plants shall not be compensated if the usual protective devices that would normally be sufficient to avert the damage have not been erected.
Customary protective devices to prevent damage caused by game are deemed to be game fences which, in order to keep out red deer and fallow deer
- Red deer and fallow deer a minimum height of 1.80 m,
- roe deer and wild boar a minimum height of 1.50 m (wild boar fences must also be secured to the ground to prevent them from being lifted by wild boar),
- mouflon a minimum height of 2.50 m and
- of wild rabbits must have a minimum height of 1.20 m above the ground surface and in this case consist of wire mesh with a maximum mesh width of 40 mm and be embedded at least 0.30 m deep in the ground.
The vast majority of all damage caused by game and hunting is settled directly between the injured party and the hunting tenant by mutual agreement.