Agriculture: damage to game, hunting damage
Compensation for damage caused by game or hunting.
Damage caused by certain wild species (shell game (where shell = claw/hooves of biungulates), wild rabbits and pheasants) is damage to agricultural, forestry or fishing land and plants, even if they have been separated from the ground but not yet harvested.
Hunting damage is damage caused to property in connection with hunting.
If a plot of land belonging to a communal hunting district is damaged, the hunting cooperative must compensate the injured party for the damage. If the hunting tenant has taken over the compensation for the damage caused by the game in whole or in part, the hunting tenant is obliged to pay compensation. In the case of self-hunting districts, the provisions shall apply accordingly.
If, before that date, soil products the full value of which can only be measured at the time of harvest are damaged by wild game, the damage to wild game shall be compensated to the extent that it occurs at the time of harvest. However, in determining the amount of damage, account shall be taken of whether the damage can be compensated for in accordance with the principles of a sound economy by re-cultivation in the same marketing year.
Wildlife damage to vineyards, gardens, orchards, nurseries, avenues, individual trees, forest crops with main wood species other than those occurring in the hunting district or outdoor plantings of garden or high-quality industrial crops shall not be compensated, provided that the installation of usual protective devices is omitted which, under normal conditions, are sufficient to avert the damage.
'Usual protective devices' which, in ordinary circumstances, are sufficient to prevent damage caused by wild animals are generally to be regarded as: wild-tight fences which are used to keep away from wild animals.
- red and fallow deer a minimum height of 1.80 m,
- Roe deer and wild boar a minimum height of 1.50 m (wild fences against wild boar must also be attached to the ground against lifting by the wild boar).
- Muffle deer a minimum height of 2.50 m and
- of wild rabbits have a minimum height of 1.20 m above the ground surface and are embedded at least 0.30 m deep in the soil.
- Federal Hunting Act (BJagdG),
- Hunting Act of the State of Schleswig-Holstein (Landesjagdgesetz - LJagdG),
- Landesverordnung über Verfahren in Game- und Jagdschadenssachen (Wild/JagdSchVerfV SH).
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