Law No. IX-966 “On hunting”

REPUBLIC OF LITHUANIA LAW ON HUNTING 20 June 2002 No. IX-966 Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the Law The purpose of this Law shall be to establish social relations linked with the protection and rational use of game present in the territory of the Republic of Lithuania. Article 2. Key definitions of the Law 1. Enclosures for game keeping means territories enclosed so as to prevent game, for keeping which these enclosures are prepared, from escaping from them and free living game from entering them. 2. Selective hunting means the hunting of game in priority order to ensure that, in the absence or inadequate presence of natural selection, weak individuals are selected and hunted in due time, while properly developing and viable animals are protected. 3. Common hunting grounds means hunting grounds for meeting the needs of hunters’ public organisations or individual hunters. 4. Biotechnical measures means the cultivation of special plantations and crops, special forest fellings, additional feeding of game, installation of artificial nesting places and other measures that improve the natural conditions in the living environment of game. 5. Permit for the use of game resources means a document which, in accordance with this Law, grants the right to the use of game resources in a certain units of hunting grounds. 6. Licence for game hunting means a document granting the right to the hunting of game specified therein during a particular period. 7. Game means wild animals that under the Rules on Hunting in the Territory of the Republic of Lithuania are regarded as game due to their value based on social and personal purposes and with account of the hunting culture traditions of the country. Game is objects of limited civil turnover. 8. Hunting means the protection and rational use of game in accordance with this Law and other legal acts on hunting and with account of the ecological conditions of hunting grounds, ethics and the hunting culture traditions of the country. 9. Hunting activity means a type of the use of wildlife resources aimed at utilising resources of free-living game through tracking, lying in wait, persecuting, shooting or catching. 10. Hunting installations means installations needed for safe, successful and ethical hunting and selection of game: 1) stationary hunting installations means immovable hunting towers, various shelters, covers and other stationary installations; 2) temporary hunting installations means movable ladders with supports or ladders leaned against trees, temporary covers and shelters used for hunting near crops, meadows and water bodies where measures are taken to protect crops, meadows or water bodies from damage caused by animals during a certain season. 11. Hunting grounds means areas of land, forest and water bodies where hunting activities can take place in accordance with this Law. 12. Use of hunting grounds means hunting and related activities on hunting grounds by using biotechnical measures, building and operating hunting installations, implementing measures for the prevention of damage caused by game and protecting game against illegal uses. 13. User of hunting grounds means a natural or legal person that can be a user of wildlife resources in accordance with the Law on Wildlife and that holds a permit for the use of game resources in a unit of hunting grounds granted in accordance with this Law. 14. Unit of hunting grounds means a continuous territory of hunting grounds, which is formed in accordance with the principles of hunting management under the procedure laid down in this Law, and in which the use of game resources is planned and organised. 15. Formation of units of hunting grounds means the designation of the area and boundaries of a territory in which a natural or legal person holding a permit for the use of game resources in a unit of hunting grounds may plan and organise the use of game resources and the protection of game. 16. Hunting trophies means parts of legally hunted animals, which are measured and evaluated in accordance with the formulas for hunting trophy evaluation of the International Council for Game and Wildlife Conservation (CIC), or other evaluation systems. 17. Hunting management means a complex of measures designed for the use of hunting grounds and the protection, increase and hunting of game resources. 18. Hunter means a natural person holding a hunter’s card issued in the Republic of Lithuania, or an equivalent document issued abroad and recognised in the Republic of Lithuania. 19. Hunters’ public organisation means an association of citizens of the Republic of Lithuania and/or foreign nationals permanently residing in the Republic of Lithuania organised and existing under the Law on Public Organisations, and established for meeting and implementing the common needs and aims of its members related to hunting. 20. Research and training hunting grounds means hunting grounds used by research and educational establishments of a biological profile, in which research of wildlife and its living environment and hunting and the training of students, hunters or applicants to become hunters are carried out. 21. Fish-farming ponds means water bodies in which fish are bred and grown in accordance with the criteria set out by the Ministry of Agriculture. 22. Professional hunting grounds means hunting grounds supervised and professionally maintained by forest enterprises, in which special measures for the increase of the game populations are implemented and tourism is developed. 23. Small game means all game, except for the ungulates, brown bear, wolf, lynx and capercaillie. Article 3. Ownership of game 1. Free-living game shall be under State ownership. 2. Free-living game which was caught or shot in accordance with this Law and other legal acts shall transfer into the ownership of a user of hunting grounds who caught or shot that game, except for hunting trophies owned by a person who hunted that game. 3. Captive game shall be under the ownership of a natural or legal person who acquired that game. Article 4. The right to the use of game resources http://litlex.am.lt/ll.dll?Tekstas=1&Id=25580&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=13096&BF=1 1. The right to the use of free-living game resources shall be granted by the Regional Environmental Protection Departments of the Ministry of Environment that will issue a permit for the use of game resources in a unit of hunting grounds. 2. The right to the use of resources of game held and used in captivity in accordance with the Rules on the Keeping of Wildlife in Captivity approved by the Ministry of Environment and the State Food and Veterinary Service shall belong to the owner of that game. 3. Owners, managers and users of farmsteads and uninhabited buildings and their appurtenances shall have the right, notwithstanding the hunting periods set out in the Rules on Hunting in the Territory of the Republic of Lithuania, through the use of permitted means of capture in these facilities to catch and take carnivorous game of the species for which the permitted period of hunting is set out in the said Rules. This activity shall not be considered a hunting activity, and a person carrying out this activity shall not need to be a hunter. 4. Users of hunting grounds may use the acquired resources of wild game for own needs or may dispose of them in accordance with the Rules on Hunting in the Territory of the Republic of Lithuania. Article 5. The regulation of hunting and the competence of national and municipal authorities and hunters’ public organisations uniting clubs and societies 1. The Government of the Republic of Lithuania shall: 1) formulate a strategy for wildlife conservation and the use of wildlife resources, and coordinate the implementation of this strategy and the preparation of separate programmes; 2) coordinate the activities of national and municipal authorities in the field of wildlife conservation and the use of wildlife resources; 3) approve the Rules on the Turnover of Hunting Weapons; 4) lay down a procedure for the recognition of hunter’s cards or other equivalent documents issued abroad; 5) perform other functions provided for in legal acts. 2. The Ministry of Environment shall: 1) approve the Rules on Hunting in the Territory of the Republic of Lithuania, which shall lay down: a list of game species and the periods of their hunting; prohibited or permitted methods of hunting and the periods of their application, and the gear permitted or prohibited for use; a list of game, the hunting of which is limited, and a procedure for determining the annual limits for the killing of game in the Republic of Lithuania and separate units of hunting grounds; the requirements for the safe behaviour during hunting as well as other hunting requirements; 2) lay down a Procedure for permits for the use of game resources in a unit of hunting grounds, and a Procedure for the granting of permits for the killing of game; 3) lay down the requirements for the hunting of cervid animals that may only be hunted through selective hunting, by approving Regulations for the selective hunting of cervid animals and a Procedure for the inspection of hunting trophies; 4) with the State Food and Veterinary Service, approve the Rules on the Keeping of Wildlife in Captivity; 5) approve the criteria for the integrity of a unit of hunting grounds and the requirements for establishing the boundaries of units of hunting grounds; 6) with the Ministry of Agriculture, approve Regulations on a commission for the formation of units of hunting grounds and the change of their boundaries; 7) approve a procedure and programme for a hunting examination, programmes for training of hunters-selectors, experts on hunting trophies and cynology experts, as well as a procedure for the award of qualifications; 8) lay down a procedure for the submission of data for the hunters’ inventory and the supply of information contained in the hunters’ inventory to other authorities, and manage this inventory; 9) organise the preparation of hunting management projects; 10) lay down a Procedure for organising a competition for the granting of permits for the use of game resources in a unit of hunting grounds; 11) establish commissions for the granting and withdrawal of the right to hunting, at the Regional Environmental Protection Departments of the Ministry of Environment; 12) perform other functions laid down in legal acts. 3. The State Food and Veterinary Service shall, with the Ministry of Environment, lay down the requirements for veterinary supervision. 4. Repealed by the Law No XI-824 of the Republic of Lithuania of 18 May 2010 (from 1 July 2010). 5. Municipalities shall: 1) establish commissions for the formation of units of hunting grounds and the change of their boundaries, and shall organise their work and approve projects on the formation of units of hunting grounds and the change of their boundaries prepared by these commissions; 2) through elderates register reports on damage caused by game from owners, managers and users of plots of land, forest and water bodies; 3) establish commissions for the estimation of damage caused by game, and organise the work of such commissions; 4) make proposals on the suspension of a permit for the use of game resources, granted to a user of hunting grounds. 6. The Lithuanian Association of Hunters and Anglers and hunter’s public organisations uniting hunters’ clubs and societies shall: 1) make proposals to authorities that take decisions on legal acts on hunting, regarding the drawing up and improvement of such legal acts; 2) participate in the work of commissions established in accordance with this Law, and propose their representatives to these commissions; 3) submit data for the hunters’ inventory on hunters who are members of a hunters’ organisation; 4) organise traineeships and hunters’ training courses for persons preparing for the hunting examination; 5) organise training of hunters-selectors, experts on hunting trophies and cynology experts, and award a respective qualification; 6) organise inspections of hunting trophies, as well as hunters’ contests, symposia and conferences; 7) have the right to make appropriate markings in hunters’ cards regarding the supply of data for the hunters’ inventory; 8) make proposals to the commission for the granting and withdrawal of the right to hunting of a Regional Environment Protection Department of the Ministry of Environment with regard to the withdrawal of the right to hunting granted to persons. Article 6. Financing of the development of hunting and of measures for the protection and increase of game resources and the prevention of damage caused by game http://litlex.am.lt/ll.dll?Tekstas=1&Id=137338&BF=1 1. The development of hunting, the preparation of hunting management projects and certain measures for the protection and increase of game resources and the prevention of damage caused by game shall be financed with the funds received from taxes on the use of game resources paid by all natural and legal persons that have gained the right to the use of game resources in units of hunting grounds, except for research and educational establishments of a biological profile that conduct research on game and its living environment and hunting, as well as training of students. The amount of taxes on the use of game resources shall depend on the quantity of game resources that can be conserved (used) in a unit of hunting grounds and shall be calculated on the basis of the size of hunting grounds and their suitability for the life and breeding of game. 2. Subjects of taxes on the use of game resources, a procedure for payment of this tax and authorities engaged in its administration shall be set out by the Law on Taxes on State Natural Resources, the Law on Tax Administration and other legal acts. 3. Owners, managers and users of land plots in which hunting is not prohibited shall have the right, in accordance with the Law on the Environmental Protection Support Programme and the Law on the Special Municipal Environmental Protection Support Programme, to receive financial support for implementing measures to prevent damage caused by game. Appropriations for the financing of preventive measures whereby forest owners, managers and users seek to avoid damage to forests caused by game (treatment of plantations with repellents, enclosing them with fences or buffer strips, cultivation of plants that improve the natural feeding conditions of wildlife and other measures) shall constitute at least 70 percent of the funds collected from taxes on the use of game resources. 4. Measures of response to outbreaks of contagious (epizootic) diseases among wild animals shall be financed with the state and municipal budget funds. CHAPTER TWO UNITS OF HUNTING GROUNDS AND THE PROCEDURE FOR THE GRANTING OF THE RIGHT TO THE USE OF GAME RESOURCES THEREIN Article 7. Hunting grounds and territories in which hunting is prohibited 1. Hunting grounds shall include and hunting shall be allowed in all territories, except for the territories referred to in point 2 of this Article. 2. Hunting shall be prohibited in: 1) cemeteries, urbanised areas, state strict reserves, strict reserves situated in state parks and biosphere strict reserves, small strict reserves and other territories in which such activity is prohibited by laws and other legal acts; 2) other territories in which no hunting may take place with account of the local conditions and which are established by authorities engaged in the formation of units of hunting grounds in accordance with Article 8 of this Law. 3. In the formation of a unit of hunting grounds or the change of its boundaries, the territories referred to in point 2 of this Article shall not be included in the total area of hunting grounds falling within a unit of hunting grounds. 4. Land plots falling outside the territories referred to in point 2 of this Article, in which their owners have prohibited hunting in accordance with Article 13(2) of this Law, shall be considered hunting grounds in which hunting is prohibited for a temporary period of time. Land plots falling outside the territories referred to in point 2 of this Article, the owners of which have taken a decision to establish additional conditions for hunting in accordance with Article 13(2) of this Law, shall also be considered hunting grounds in which hunting is prohibited for a temporary period of time until the written agreement referred to in Article 8(12) of this Law is forwarded to an appropriate Regional Environmental Protection http://litlex.am.lt/ll.dll?Tekstas=1&Id=72975&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=65136&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=65136&BF=1 Department of the Ministry of Environment. With respect to hunting grounds in which hunting is prohibited for a temporary period of time, only finding and killing injured animals that have wandered here from other hunting grounds shall be allowed in accordance with the Rules on Hunting in the Territory of the Republic of Lithuania. 5. The abundance of game in the territories referred to in points 2 and 4 of this Article shall be regulated under a procedure established by the Ministry of Environment. Where any risk of contagious diseases spread by game arises and the mandatory instructions for the regulation of the abundance of such game are enforceable on a land plot in which hunting has been prohibited by the owner, the implementation of these instructions shall be organised by the owner of the land plot. Article 8. The formation of units of hunting grounds and the change of their boundaries 1. Units of hunting grounds shall be formed and their boundaries shall be changed in accordance with the principles of hunting management, by ensuring the rational management of the game populations, appropriate protection of game and correct and safe hunting, as well as to avoid greater damage caused by game to economic facilities run by humans. A unit of hunting grounds shall comprise at least 1 000 ha of continuous hunting grounds, excerpt where smaller units of hunting grounds are formed for research and training purposes on a proposal from the Ministry of Environment or where such units are formed in territories of fish-farming ponds on a proposal from the Ministry of Agriculture. The criteria for the integrity of a unit of hunting grounds and the requirements for establishing the boundaries of units of hunting grounds shall be approved by the Ministry of Environment in accordance with the following principles: 1) The boundaries of units of hunting grounds shall run along obvious natural or artificial boundaries clearly visible in a location, but they shall not be established on forest edges; 2) Roads, railway sections, overhead power lines, natural and artificial water courses and other similar objects shall be used as boundaries, if their shape and size or buildings and installations do not obstruct the organisation of hunting or break up the integrity of units of hunting grounds; however, they shall not be considered a longitudinal connection between separate remote parts of a unit of hunting grounds. 2. Units of hunting grounds shall be formed and their boundaries shall be changed in the following cases: 1) where units are formed on hunting grounds which contain no units of hunting grounds formed in accordance with this Law or the use of which was refused by users of existing units of hunting grounds; 2) by dividing or consolidating existing units of hunting grounds where such formation is carried out by agreement of users of units of hunting grounds for the purposes set out in point 1 of this Article; 3) where the boundaries of units of hunting grounds or territories in which hunting is allowed need to be reviewed upon the establishment of new protected areas in accordance with the Law on Protected Area or the change of the boundaries of existing protected areas in which hunting is prohibited; 4) upon receipt of an appropriate proposal from promoters of a hunting management project. 3. Projects on the formation of units of hunting grounds and the change of their boundaries in each municipality shall be prepared by a commission for the formation of units of hunting grounds and the change of their boundaries, established by the Director of Administration of a particular municipality. The commission shall consist of representatives http://litlex.am.lt/ll.dll?Tekstas=1&Id=8249&BF=1 of the municipality administration, authorities of environmental protection, land management and state forest supervision, hunters’ public organisations that unite hunters’ clubs and societies and self-government organisations of owners of land and forest plots. The Regulations on the formation of units of hunting grounds and the change of their boundaries shall be approved by the Ministry of Environment and the Ministry of Agriculture. 4. The phases of the formation of a unit of hunting grounds or the change of its boundaries shall be as follows: 1) Submitting proposals for the formation of a unit of hunting grounds or the change of its boundaries; 2) Collecting legal information and preparing graphic and ecological data on a unit of hunting grounds proposed to be formed or changed; 3) Publishing information on a prepared preliminary project on the formation of a unit of hunting grounds or the change of its boundaries in the national and local press; 4) Approving a project on the formation of a unit of hunting grounds or the change of its boundaries. 5. Proposals for the formation of units of hunting grounds or the change of their boundaries to the commission referred to in point 3 of this Article shall be made by: 1) the Ministry of Environment or its authorised institutions with respect to research and training units of hunting grounds and units of professional hunting grounds, as well as to units of common hunting grounds where an appropriate proposal has been received from promoters of a hunting management project; 2) the Ministry of Agriculture or its authorised institutions with respect to units of hunting grounds in territories of fish-farming ponds; 3) natural and legal persons with respect to units of common hunting grounds. 6. Units of hunting grounds may be formed and their boundaries may be changed on the initiative of the commission referred to in point 3 of this Article where that is required for ensuring the requirements set out in point 1 of this Article. 7. Units of professional hunting grounds and of research and training hunting grounds shall be formed in territories where state-owned land accounts for more than 50 percent, as well as in other territories needed for implementing the set aims in terms of hunting management. 8. Fish-farming ponds in which the development of hunting is limited shall include industrial fish-farming ponds, the list and areas of the territories of which are approved by the Government of the Republic of Lithuania, as well as other fish-farming ponds measuring a continuous area of at least 150 ha. On a proposal from the Ministry of Agriculture, in these territories special units of hunting grounds may be formed, in which users of fish-farming ponds shall regulate the abundance of fish-eating birds and hunt small game in accordance with the Rules on Hunting in the Territory of the Republic of Lithuania. 9. The commission for the formation of units of hunting grounds and the change of their boundaries shall, not later than within 2 months of receipt of a proposal for the formation of a unit of hunting grounds or the change of its boundaries, prepare a preliminary project on the formation of the unit of hunting grounds or the change of its boundaries, display documents of this project on publicly accessible premises of the municipality administration and announce the preparation of this project in the national and local press. Parties concerned shall submit comments on a prepared preliminary project on the formation of a unit of hunting grounds or the change of its boundaries to the commission for the formation of units of hunting grounds and the change of their boundaries not later than within 3 months of the date of announcement of this project in the national and local press. The commission for the formation of units of hunting grounds and the change of their boundaries shall send by registered mail to all owners of private land plots, which fall within a unit of hunting grounds under formation but which fall outside the territories referred to in Article 7(2) of this Law, information notices on a prepared preliminary project on the formation of a unit of hunting grounds or the change of its boundaries. An information notice to the owner of a private land plot shall also specify the rights of the land plot owner set out in Article 13(2) of this Law to prohibit hunting on the land plot under his ownership, lift a previous ban on hunting or lay down additional conditions for hunting on the land plot owned by him, which the owner may exercise during the preparation of the project on the formation of a unit of hunting grounds or the change of its boundaries or at any time later, as well as the consequences that would arise in accordance with this Law in the case of failure to exercise and of the exercise of the rights of the land plot owner. The sample forms of the information notice sent to the owner of a land plot and of the written decision of the owner of a land plot to exercise the rights laid down in Article 13(2) of this Law shall be defined in the Regulations on a commission for the formation of units of hunting grounds and the change of their boundaries. If a commission for the formation of units of hunting grounds and the change of their boundaries receives no written decision from the owner of a land plot to exercise the rights provided for in Article 13(2) of this Law, it shall be deemed that the owner of the land plot has no objection to temporary hunting on the land plot under his ownership and is unwilling to establish any additional conditions for hunting. The area of a land plot on which hunting is prohibited by its owner shall be included in the total area of hunting grounds falling within a unit of hunting grounds. The ban on hunting imposed by the owner of a land plot on the land plot owned by him shall have no influence on the integrity of the unit of hunting grounds. 10. Upon expiry of the 3-month time limit set in point 9 of this Article, the commission for the formation of units of hunting grounds and the change of their boundaries shall, not later than within 1 month, examine proposals received from parties concerned, where appropriate amend or revise a project on the formation of a unit of hunting grounds or the change of its boundaries and submit the same to the Director of Administration of a relevant municipality for approval. The Director of Administration of a municipality shall, not later than within 1 month of receipt of a project, adopt a decision on the approval of the project on the formation of a unit of hunting grounds or the change if its boundaries. Inseparable parts of a project on the formation of a unit of hunting grounds or the change if its boundaries subject to approval shall comprise a plan of the unit of hunting grounds with specified territories in which hunting is prohibited in accordance with Article 7(2) of this Law and an annex specifying the size of the hunting grounds and their distribution by the suitability for the life and breeding of game. 11. Proposed projects on the formation of units of hunting grounds spanning the territory of more than one municipality shall be prepared with relevant commissions of the other municipalities. Where the boundaries of a unit of hunting grounds cross the boundaries of one municipality, such a project on the formation of a unit of hunting grounds shall be approved at all the municipalities, to the territories of which the project extends. 12. With respect to decisions referred to in Article 13(2) of this Law, received from owners of land plots during the preparation of a project on the formation of a unit of hunting grounds or the change of its boundaries or after that, the commission for the formation of units of hunting grounds and the change of their boundaries shall, not later than within 1 month of receipt of a decision of a land plot owner, forward this decision to an appropriate Regional Environmental Protection Department of the Ministry of Environment and to the user of hunting grounds, if a permit for the use of game resources in a unit of hunting grounds, referred to in Article 10 of this Law, has already been granted to a particular person. Prior to forwarding the decision of a land plot owner, the commission for the formation of units of hunting grounds and the change of their boundaries shall apply to the manager of the Immovable Property Register for information on the ownership of the land plot. Only upon ascertaining that a decision has been submitted by the owner of the land plot or a person holding the appropriate powers, the commission for the formation of units of hunting grounds and the change of their boundaries shall forward the decision to an appropriate Regional Environmental Protection Department of the Ministry of Environment and to the user of hunting grounds. The actions of the commission for the formation of units of hunting grounds and the change of their boundaries, relating to decisions of owners of land plots referred to in Article 13(2) of this Law, shall be controlled by the Regulations on a commission for the formation of units of hunting grounds and the change of their boundaries. The Regional Environmental Protection Department of the Ministry of Environment shall enclose the decision of a land plot owner, received prior to the granting of a permit for the use of game resources in a unit of hunting grounds, with a permit for the use of game resources in a unit of hunting grounds being granted to a user of hunting grounds. Decisions of owners of land plots shall be binding for users of hunting grounds, and compliance with them shall be controlled by the Regional Environmental Protection Department of the Ministry of Environment. Where a land plot owner submits a decision on the establishment of additional hunting conditions on the land plot under his ownership, the user of hunting grounds shall not be allowed to hunt on this land plot for a temporary period of time until the user concludes a written agreement with the owner of the land plot on the additional hunting conditions and forwards that agreement to the Regional Environmental Protection Department of the Ministry of Environment. Article 9. A hunting management project For any unit of hunting grounds formed in accordance with Article 8 of this Law, hunting management projects may be prepared which, following an analysis of the bioecological conditions of the hunting grounds and their changes, shall lay down: 1) the main conditions for the use of game resources (maximum and minimum permitted abundance of game, biotechnical measures compulsory for implementation and other conditions necessary to maintain viable game populations and avoid great damage caused by this game to land, forest and fish-farming enterprises as well as other facilities of human economic activities); 2) proposals for the change of the boundaries of units of hunting grounds, where that is required to ensure the rational use of game resources and with account of changes that have occurred in the use of a territory; 3) revised taxes payable for the use of game resources, with account of the change of the bioecological conditions of hunting grounds. Article 10. Granting a permit for the use of game resources in a unit of hunting grounds 1. Permits for the use of game resources in a unit of hunting grounds shall be granted to citizens of the Republic of Lithuania, foreign nationals, stateless persons and legal persons of the Republic of Lithuania. Permits for the use of game resources in a unit of hunting grounds may be granted to foreign nationals where this requirement is set out by international agreements of the Republic of Lithuania. Any holder of a permit shall meet the following requirements: 1) within the last 5 years no permit for the use of game resources in a unit of hunting grounds was annulled for the holder; 2) the holder has a hunter’s card issued in the Republic of Lithuania, at least 5 years of uninterrupted experience in hunting and the qualification of a hunter-selector (only for natural persons), and is not in breach of the requirements of Article 14(6) of this Law; 3) the holder is not in breach of the requirements of Article 12(2) of this Law. 2. A permit for the use of game resources in a particular unit of hunting grounds shall be issued by the Regional Environmental Protection Departments of the Ministry of Environment, through a competition for the granting a permit for the use of game resources in a unit of hunting grounds, organised under the procedure laid down by the Ministry of Environment, except where: 1) on a proposal from the Ministry of Environment, a permit for the use of game resources in a unit of hunting grounds is being granted to research and educational establishments of a biological profile conducting research on wildlife and its living environment and hunting, training of students, hunters and applicants to become hunters, or to forest enterprises for the development of professional hunting, organisation of hunting tourism and implementation of special measures to increase game populations; 2) on a proposal from the Ministry of Agriculture, a permit for the use of game resources in a unit of hunting grounds is being granted to users of fish-farming ponds; 3) a permit for the use of game resources in a unit of hunting grounds is being granted to users of hunting grounds in accordance with Article 22 of this Law. 3. A permit for the use of game resources in a unit of hunting grounds shall only be granted to one user of hunting grounds for a period of not less than 10 years. 4. A permit being granted for the use of game resources in a particular unit of hunting grounds shall contain the following information: 1) the unit of hunting grounds and the user of hunting grounds for which the permit is being granted; 2) the conditions and restrictions concerning the use of land, forest and water bodies during hunting or when applying biotechnical measures and building and operating hunting installations; 3) the period of validity and the conditions for the annulment and renewal of the permit; 4) the conditions for the use of game resources established by the hunting management project. 5. Upon expiry of a permit for the use of game resources in a unit of hunting grounds, for which the permit was granted, the permit shall be renewed where the holder of this permit has properly complied with all the conditions laid down therein and has, upon expiry of the permit, within 2 months submitted a request for the renewal of the permit. Article 11. Expiry of a permit for the use of game resources in a unit of hunting grounds 1. A permit for the use of game resources in a unit of hunting grounds shall expire: 1) upon expiry of the period for which the permit was granted, and where the permit has not been renewed; 2) upon death of a natural person or winding up of a legal person to which the permit was granted; 3) where the area of the unit of hunting grounds is not compliant with the criteria for the minimum size and the integrity of the unit of hunting grounds set out in Article 8(1) of this Law; 4) where the permit is annulled by the issuing authority for the reasons referred to in point 5 of this Article. 2. A permit for the use of game resources in a unit of hunting grounds shall be annulled if the user of hunting grounds: 1) has failed to comply with laws and other legal acts on hunting, and has been in serious or regular breach of them; 2) has not paid taxes on the use of game resources for more than 6 months; 3) has failed to comply with the conditions for the use of game resources specified in the permit; 4) has failed, for more than 3 months from the date of annulment of the permit for the use of game resources in a unit of hunting grounds for the reasons referred to in Article 19 of this Law, to compensate the owners of the plots of land, forest or water bodies for damage caused by game. Article 12. The rights and obligations of users of hunting grounds 1. Users of hunting grounds shall have the right to: 1) hunt game resources under the conditions set out in the permit for the use of game resources in a unit of hunting grounds, and use these resources through other types of wildlife uses set out in the Law on Wildlife; 2) protect and increase game resources, and improve the conditions of the living environment of game; 3) on agreement with the owners and managers of land plots, implement biotechnical measures on their land, build and operate hunting installations and construct enclosures for game keeping; 4) in accordance with the Law on the Environmental Protection Support Programme and the Law on the Special Municipal Environmental Protection Support Programme, receive financial support for improving the conditions of the living environment of game and restoring the populations of rare and threatened game species, as well as for measures of response to outbreaks of contagious (epizootic) diseases among wild animals and for other purposes provided for in these legal acts; 5) renew the permit for the use of game resources in a unit of hunting grounds. 2. Users of hunting grounds shall: 1) use game resources in a rational way, take care of game and protect game resources against any illegal uses; 2) while using game resources, comply with this Law and other legal acts on hunting activities and hunting, as well as with the conditions set out in the permit for the use of game resources in a unit of hunting grounds; 3) obtain a consent of the owner or manager of a land plot, or conclude an appropriate agreement with them on the application of biotechnical measures and the building and operation of stationary hunting installations on their land; 4) in accordance with the Rules on Hunting in the Territory of the Republic of Lithuania, carry out the research on game resources; 5) under the procedure established by the Ministry of Environment, submit reports on the use of game resources; 6) in accordance with the Law on Taxes on State Natural Resources and other legal acts, pay taxes on the use of game resources; 7) ensure the right of the owner of a private land plot stipulated in Article 13(1) of this Law; 8) not hunt on land plots in which their owners have decided to prohibit hunting, apply to the owner of a land plot who has decided to establish additional condition for hunting on the land plot under his ownership concerning the conclusion of a written agreement establishing such conditions, and not hunt on this land plot until a written agreement establishing additional conditions for hunting is concluded and forwarded to an appropriate Regional Environmental Protection Department of the Ministry of Environment, and later on comply with the conditions set out in this written agreement. http://litlex.am.lt/ll.dll?Tekstas=1&Id=25580&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 Article 13. The rights of owners of land plots related to the formation of units of hunting grounds and the use of game resources in them 1. An owner of a private land plot who holds a hunter’s card and owns not less than 100 ha of forest or agricultural land in a particular unit of hunting grounds shall have the right to become a member of the hunters’ team of the user of hunting grounds, by assuming all the rights and obligations provided for in the statutes of the hunters’ team, and the user of hunting grounds shall admit members to the hunters’ team within 30 days of the date of submission of their applications. 2. An owner of a private land plot whose land falls outside the territories referred to in Article7(2) of this Law and, in accordance with Article 8 of this Law, is to be or has been allotted to a unit of hunting grounds shall, during the formation of the unit of hunting grounds or the change of its boundaries or at any time later, have the right to prohibit hunting on the land plot under his ownership, lift any previous ban on hunting or establish additional conditions for hunting on the land plot owned by him. An owner of a land plot shall submit the written decision to prohibit hunting on the land plot under his ownership, lift any previous ban on hunting or establish additional conditions for hunting on the land plot owned by him to the commission for the formation of units of hunting grounds and the change of their boundaries of an appropriate municipality. When submitting his decision, the owner of a land plot shall specify the cadastral number of the land plot owned by him and a document justifying his ownership of the land plot. Where the owner of a land plot submits a decision to establish additional hunting conditions, hunting on his land plot shall be prohibited for a temporary period of time, and the user of hunting grounds shall apply to the owner of the land plot regarding the conclusion of a written agreement establishing additional conditions for hunting and shall forward a copy of this agreement to the Regional Environmental Protection Department of the Ministry of Environment. 3. An owner of a land plot or several connecting plots on which hunting is not prohibited and the total area of which is greater than 1 000 ha may submit a request to the commission provided for in Article 8 of this Law for the recognition of such plots a unit of hunting grounds compliant with the requirements set out in Article 8(1) of this Law. If land plots are recognised as a unit of hunting grounds and the formation of this unit of hunting grounds causes no destruction to adjacent units of hunting grounds, and if a permit for the use of game resources in a unit of hunting grounds may be granted to their owner in accordance with Article 10(1) of this Law, a project on the formation of the unit of hunting grounds shall be drawn up and approved in accordance with Article 8 of this Law, and a permit for the use of game resources in a unit of hunting grounds shall be granted without a competition provided for in Article 10(2) of this Law. CHAPTER THREE THE RIGHT TO HUNT. A HUNTERS’ CARD Article 14. The granting of the right to hunt and the issuance of a hunter’s card 1. The right to hunt shall be granted and a hunter’s card shall be issued to citizens of the Republic of Lithuania, foreign nationals permanently residing in the Republic of Lithuania and stateless persons who meet the following requirements: 1) have reached 18 years of age; 2) have completed a hunters’ training course and 1-year traineeship in accordance with a programme laid down by the Ministry of Environment, except for university and college students who had a basic course on hunting in accordance with their study programmes; 3) have passed the hunting examination under the procedure and programme established by the Ministry of Environment. 2. The right to hunt shall not be granted and a hunter’s card shall not be issued to persons who: 1) are on the lists of health care establishments for alcoholism, drug addiction and mental diseases; 2) have been convicted for intentional offences, if the conviction is not spent or annulled; 3) are serving their sentence for criminal offences; 4) have committed an administrative offence related to non-compliance with legal acts on hunting or fishing or the illegal use of a weapon when encroaching upon a property or public order, where less than 1 year has elapsed from the end of the enforcement of the penalty; 5) have no permanent place of residence in the territory of the Republic of Lithuania; 6) in other cases provided for in legal acts. 3. The hunting examination shall be organised and the right to hunt shall be granted by a commission for the granting and withdrawal of the right to hunt of a Regional Environmental Protection Department of the Ministry of Environment. The commission shall include hunters with the qualification of an expert on hunting trophies, special education in hunting management or at least 5 years of experience as a hunting expert or 5 years of work experience in the fields of environmental protection, law enforcement, biology or veterinary and forestry. 4. The commission for the granting and withdrawal of the right to hunt of a Regional Environmental Protection Department of the Ministry of Environment shall: 1) issue hunter’s cards in accordance with the Rules on Hunting in the Territory of the Republic of Lithuania; 2) in accordance with Article 16 of this Law, withdraw the right to hunt granted to persons and collect the hunter’s card. 5. A hunter shall have the right: 1) in accordance with this Law, to obtain a permit for the use of game resources in a unit of hunting grounds; 2) with permission or on an invitation from users of hunting grounds, to hunt on the hunting grounds of these users in accordance with the Rules on Hunting in the Territory of the Republic of Lithuania. 6. A hunter shall have the obligation: 1) to comply with this Law, the Rules on Hunting in the Territory of the Republic of Lithuania and other legal acts on hunting, as well as with the requirements of rational and ethical hunting; 2) each year to provide revised information for the hunters’ inventory through a hunters’ public organisation uniting hunters’ clubs and societies; 3) while hunting, to have a hunter’s card and other documents set out in the Rules on Hunting in the Territory of the Republic of Lithuania; 4) to deliver trophies of killed game for inspections of hunting trophies. 7. Persons holding documents issued abroad identical to a hunter’s card shall have the rights and obligations provided for in points 5 and 6 of this Article. Foreign nationals with no permanent residence in the Republic of Lithuania shall not be required to fulfil the obligation each year to provide revised information to the hunters’ inventory as set out in paragraph 2 of point 6 of this Article. 8. Documents identical to a hunter’s card held by persons referred to in point 7 of this Article shall be recognised in the Republic of Lithuania under the procedure established by the Government of the Republic of Lithuania. Article 15. Training of hunters and the hunters’ inventory 1. Hunters’ training courses for persons preparing for the hunting examination shall be organised by hunters’ public organisations and research and educational establishments of a biological profile. 2. The Lithuanian Association of Hunters and Anglers, other hunters’ public organisations uniting hunters’ clubs and societies and research and educational establishments of a biological profile shall, in accordance with the training programmes and procedure approved by the Ministry of Environment, train hunters-selectors, experts on hunting trophies and cynology experts and shall award an appropriate qualification. 3. Information on the granting of the right to hunt to persons, qualifications awarded to and penalties imposed on hunters or the withdrawal of the right to hunt and the collection of a hunter’s card shall be stored in the hunters’ inventory. The Ministry of Environment shall act as the manager of the inventory and shall lay down a procedure for the supply of data to this inventory and for the provision of information collected in this inventory to the commission for the granting and withdrawal of the right to hunt of a Regional Environmental Protection Department of the Ministry of Environment. Article 16. Withdrawal of the right to hunt 1. The commission for the granting and withdrawal of the right to hunt of a Regional Environmental Protection Department of the Ministry of Environment shall withdraw the right to hunt for: 1) persons entered on the lists of health care establishments for alcoholism, drug addiction or mental diseases; 2) persons to whom the right to hunt was granted in breach of the requirements of this Law. 2. A proposal for the withdrawal of the right to hunt granted to a particular person may be made to the commission for the granting and withdrawal of the right to hunt of a Regional Environmental Protection Department of the Ministry of Environment by the Regional Environmental Protection Departments of the Ministry of Environment, the police, respective health care establishments, the Lithuanian Association of Hunters and Anglers and other hunters’ public organisations where the conditions referred to in point 1 of this Article arise. 3. Cases on administrative offences concerning any breach of the Rules on Hunting in the Territory of the Republic of Lithuania and other legal acts on hunting shall be examined and the right to hunt shall be withdrawn by state environmental inspectors, state forest officers or state officers of protected areas in accordance with the Code of Administrative Offences. 4. The commission for the granting and withdrawal of the right to hunt of a Regional Environmental Protection Department of the Ministry of Environment shall provide information on decisions adopted on the withdrawal of the right to hunt for persons and information from any other authority on penalties imposed on hunters, to the Ministry of Environment and the hunters’ public organisations in which these persons have membership. CHAPTER FOUR LIABILITY FOR BREACH OF THIS LAW AND COMPENSATION OF DAMAGE CAUSED BY GAME http://litlex.am.lt/ll.dll?Tekstas=1&Id=26&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=26&BF=1 Article 17. Liability Natural and legal persons acting in breach of this Law shall be liable under the civil, administrative or criminal procedure. Article 18. Compensation of damage caused by game 1. Damage caused by free-living game to owners, managers and users of plots of land, forest and water bodies in the cases referred to in points 3 and 4 of this Article shall be compensated by the users of hunting grounds or the authorities on behalf of the state referred to in point 4 of this Article, unless it is proved that damage has occurred as a result of force majeure, malicious intent of the aggrieved party and other actions referred to in Article 6.253 of the Civil Code. 2. Damage caused by free-living game shall be estimated by a damage estimation commission established by the Director of Administration of an appropriate municipality, in accordance with the Methodology for the estimation of damage caused by game to crops, farmed animals and forest approved by the Ministry of Environment and the Ministry of Agriculture. 3. Damage caused by free-living game to owners, managers and users of plots of land, forest and water bodies in which hunting is not prohibited, resulting from the damage of crops, forest and hydraulic engineering installations, shall be compensated by the users of hunting grounds where: 1) damage to crops or hydraulic engineering installations is caused by ungulates or beavers if their hunting throughout the year is not prohibited; 2) ungulates or beavers cause damage to forest, if their hunting throughout the year is not prohibited and if the share of damage estimated in accordance with the Methodology for the estimation of damage caused by game to crops, farmed animals and forest approved by the Ministry of Environment and the Ministry of Agriculture exceeds 20 percent of heavily damaged or perished trees of a target species in young plantations, or 10 percent of heavily damaged trees of a target species in older stands, and if the killing limits for animals, the killing of which is limited, are not complied with. 4. In accordance with the Law on the Environmental Protection Support Programme and the Law on the Special Municipal Environmental Protection Support Programme the authorities specified therein shall, on behalf of the state, compensate damage cause by free-living game to owners, managers and users of plots of land, forest and water bodies in which hunting is not prohibited, where such damage, resulting from the damage of crops, forest and hydraulic engineering installations, was caused by game the hunting of which throughout the year is prohibited or where damage to farmed animals was caused by wolves. 5. Owners, managers and users of plots of land, forest and water bodies in which hunting is not prohibited shall immediately report damage caused by free-living game to an appropriate elderate not later than within 3 working days of discovery of such damage by sending a written request for the evaluation and compensation of damage. The elder of an elderate shall, upon receipt of a report on damage caused, inform the user of hunting grounds thereof on the same day and shall organise the evaluation of damage within 7 days, except where the nature of damage allows estimating the size of such damage only after more than 7 days. 6. The money for damage caused by free-living game shall be paid within one month of the date of estimation of its size. A party disagreeing with the size of estimated damage shall have the right to appeal against the decision of the damage estimation commission in accordance with the Law on Administrative Proceedings. javascript:openStr('50805','6.253') javascript:openStr('50805','6.253') http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=43152&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=65136&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=65136&BF=1 http://litlex.am.lt/ll.dll?Tekstas=1&Id=31957&BF=1 7. Damage caused by game shall not be compensated if it was caused on plots of land in which hunting has been prohibited by the owner in accordance with Article 13(2) of this Law. 8. Damage caused by game shall be compensated to owners, managers and users of land plots, to the crops of which such damage was caused, if an owner of crops cultivates them in accordance with the agro-technical requirements and implements measures of protection against damage caused by game approved in the Methodology for the estimation of damage caused by game to crops, farmed animals and forest. Article 19. Suspension of a permit for the use of game resources in a unit of hunting grounds where damage caused by game is not compensated With respect to a user of hunting grounds who is late to compensate damage within the time limit set out in Article 18(2) of this Law or within another time limit defined by an effective judgment of the court, acting on a motion from the elder of an elderate the Regional Environmental Protection Department of the Ministry of Environment that has granted a permit for the use of game resources in a unit of hunting grounds to that user, shall have the right to suspend this permit for 3 months. CHAPTER FIVE INTERNATIONAL AGREEMENTS Article 20. Application of international agreements Where international agreements ratified by the Republic of Lithuania provide for hunting requirements other than those of this Law, the provisions of international agreements shall apply. CHAPTER SIX FINAL PROVISIONS Article 21. Entry into force of this Law 1. This Law shall come into force as from 1 October 2002. 2. Article 6 of this Law shall come into force upon adoption of a law amending the Law on Taxes on State Natural Resources. 3. Points 1, 2 and 3 of Article 8 and Article 11(1)(3) of this Law shall come into force as from 1 April 2003. 4. Articles 15(3) and 14(8) of this Law shall come into force as from 1 April 2004. Article 22. Implementation of Articles 8 and 10 of this Law 1. The commission for the formation of units of hunting grounds and the change of their boundaries referred to in Article 8(3) of this Law shall be established under the specified procedure at each municipality not later than within 2 months of the entry into force of this Law. 2. Users of hunting grounds that used hunting grounds before the entry into force of this Law and without breach of the requirements of legal acts shall submit requests to the commission referred to in Article 8(3) of this Law by 1 April 2003, and the hunting grounds used by them shall be recognised as units of hunting grounds and permits for the use of game resources in them shall be granted with account of the continuity of the use of hunting grounds, under the procedure laid down in this Article. 3. The users of hunting grounds referred to in point 2 of this Law shall, along with an appropriate request, submit: 1) lease agreements on hunting grounds registered in accordance with the Regulations on Hunting in the Republic of Lithuania, entered into with owners and managers of land plots, supplemented by diagrams of the leased hunting grounds; 2) documents justifying the designation of hunting grounds located on state owned land (only for professional hunting grounds and research and training hunting grounds); 3) written reports, if any, on the harmonisation of the boundaries of hunting grounds with users of adjacent hunting grounds, serving as the basis for approving the actual boundaries of units of hunting grounds, or for correcting the boundaries of hunting grounds by users of adjacent hunting grounds for the purposes laid down in Article 8(1) of this Law; 4) other documents confirming the legal use of hunting grounds. 4. The commission for the formation of units of hunting grounds and the change of their boundaries referred to in Article 8(3) of this Law shall, when taking a decision on territories proposed to be included in a unit of hunting grounds, with respect to the use of which no or incomplete documents referred to in paragraph 1 of points 3 of this Article have been submitted, take into account proposals made in the documents referred to in paragraph 3 of points 3 of this Article or shall establish the boundaries of a unit of hunting grounds by taking the purposes set out in Article 8(1) of this Law into consideration. 5. The boundaries of hunting grounds which were used before the entry into force of this Law in accordance with the documents referred to in point 3 of this Article and which comply with the requirements of Article 8(1) of this Law shall not be subject to change, except where users of adjacent units of hunting grounds have requested, by a written report on the harmonisation of the boundaries of hunting grounds, to establish different boundaries, for the purposes set out in Article 8(1) of this Law. 6. Users of hunting grounds of less than 1 000 ha may reach an agreement with users of adjacent hunting grounds on increasing the hunting grounds up to 1 000 ha or on combining these grounds, by executing a document referred to in paragraph 3 of point 3 of this Article and by submitting to the commission for the formation of units of hunting grounds and the change of their boundaries referred to in Article 8(3) of this Law a joint request for the recognition of the hunting grounds a unit of hunting grounds. Where no agreement is reached by 1 April 2003 on the increase of a unit of hunting grounds up to the specified size, the decision on the establishment of the boundaries of units of hunting grounds shall be taken by the commission for the formation of units of hunting grounds and the change of their boundaries, with account of the purposes set out in Article 8(1) of this Law. Where after the adoption of this decision the users of hunting grounds of less than 1 000 ha are deprived of the possibility to continue using the hunting grounds, damages incurred by them shall be compensated by a lump-sum payment equal to the income that may have been earned from the use of game resources during 5 years. The right to compensation of this damage shall also be enjoyed by owners of land plots who are deprived of the possibility to continue leasing their land plots for hunting under lease agreements on hunting grounds concluded before the entry into force (20 July 2002) of Resolution No 1132 of the Government of the Republic of Lithuania of 15 July 2002 “On the amendment to Resolution No 425 of the Government of the Republic of Lithuania of 14 April 2000 “On the approval of the Regulations on Hunting in the Republic of Lithuania””. Owners of land plots who leased hunting grounds under lease agreements on hunting grounds shall receive compensation as lump-sum payment equal to the rent which may have been received from the lease of the owner’s hunting grounds during the term set out in the lease agreement on hunting grounds, but not longer than 5 years, by applying the lease rates for state-owned hunting grounds in accordance with the categories of hunting grounds. The procedure for the calculation and payment of compensations to users of hunting grounds and owners of private land plots shall be laid down by the Government of the Republic of Lithuania or an institution authorised by the Government. 7. Before hunting grounds are recognised as units of hunting grounds in accordance with the continuity of their use, the conditions of points 9, 10 and 11 of Article 8 of this Law shall be complied with. 8. On hunting grounds, with respect to the inclusion of which in units of hunting grounds no requests referred to in point 2 of this Article are submitted by 1 April 2003, units of hunting grounds shall be formed or these grounds shall be combined with other formed units of hunting grounds in accordance with Article 8 of this Law. 9. For users of hunting grounds, whose hunting grounds were recognised as units of hunting grounds in accordance with this Article, a permit for the use of game resources in these units shall be granted without a competition provided for in Article 10(2) of this Law. Article 23. Proposals to the Government of the Republic of Lithuania Taking account of the dates of entry into force of this Law and of some of the Articles hereof, the Government of the Republic of Lithuania shall prepare and approve legal acts required for implementing this Law.