Law On The Protection Of The Wild Fauna And Hunting
Source: Unofficial
On the basis of the article 16 no. 7491 date 29.4.1991 "On the main constitutional dispositions", with a proposal from the Minister's Council,
THE PARLIAMENT OF ALBANIA
DECIDED:
CHAPTER 1
GENERAL DISPOSITIONS
Article 1
The wild fauna of the Republic of Albania is a national property, which is administered and protected by the Law in the interest of all the people and in accordance with the international agreements where the Republic of Albania has taken part.
Article 2
The wild fauna means all the animals and wild fowls, which create, free populations, placed permanently or partly in the Republic of Albania.
Article 3
The wildfauna, grew upcultivated or in anature way and whichis in a free statement in the territory of the Republic of Albania, is an object of hunting accordingto the foreseenrules of this lawor other under-legal acts.
Article 4
The wild fauna, grew up cultivated or in a free statement, is the object of the veterinary medical measures, according to the laws in force and to the international acts signed by our state.
Article 5
FPRI act as a technical- counselor organ for the DGFP and for the DFOs in districts to facilitate the implementing of this law and of other under-legal acts.
CHAPTER 2
HUNTING FUND, ITS SPACES AND COMPETENCIES ON THIS FUND
Article 6
The hunting fund is composed of:
a) Animals and wild fowls;
b) Hunting fund surfaces.
Article 7
Independently fromthe property,in the surfaceof the huntingfund are included the territories populated with animals and wild fowls as followed:
a) Forest, pasture and meadows fund;
b) Agriculture land;
c) Internalwater surfaces(Laguna connected to thesea, swamps, natural and artificial lakes, streams and watersheds);
d) Rocks abyss, sandbars and precipices.
There are not includedin the hunting fund the urban zone surfaces and the territorieswithin150m.from theirsuburb,roadsand railwaysand seawaters.
Article 8
The hunting fund surface, according with the biological demand and the conditions of wild fauna, is divided in hunting zones in such categories:
a) Free hunting zones
b) Re-population zones
c) Hunting reserves
d) Fauna reserves.
Article 9
There-populationzones,huntingandfauna reservesandthenatural reservescanbecreatedinstatesurfaces,with aproposalbythe institutionwhich havethemin administration,or inprivatelands in agreementwith theproperphysical andjuridical persons.
a) Re-population zones aimat increasing and developing of the wild fauna.
b) Huntingreserves aim at permanent administrationof the wild fauna for recreated hunting and tourism.
c) Faunaand natural reserves aim at anabsolute protection of wild fauna living there and ofother natural properties and at prohibition of hunting and fishing.
With an authorization from DGFP there are permitted the didactic-scientific activities, makingphotographs andother similar activitiesin fauna and natural reserves.
Article 10
The Council of Ministers approves the creation of the fauna and natural reserve on the proposal of the DGFP.
The Minister of Agriculture and Food approve the creation of the reserves of hunting and of re-population zones.
The private territories can be included in the surface of hunting and fauna reserves after taking the owner's concurrence.
CHAPTER 3
PLANNING AND GATHERING OF THE HUNT
Article 13
DGFP make the inventory of the wild fauna species.
In the basis ofthe inventory of the wild fauna, of the State of health of thehuntingstructures, DGFP,withtheadvises ofCEPPand ofother institutions, prepare a national plan of hunt gathering.
Article 12
DGFP, before the hunting season, approves the program of hunt gathering and define the limits of daily killings for each kind of hunting from a hunter, andthedaysofexercisinghunting,whichareforciblyapplicable.
Article 13
Traditional and sportive fishing,in territories of hunting reserves, must bedoneonlybyapproval oftheDGFPandofthe Naturalresources Department.
Article 14
The State is promoting private investments aiming at increasing, preserving and administration of wild fauna.
DGFP canmake acts of agreement orprotocols with physical and juridical, resident ornon-resident personsfor growing upof the animalsand wild fowls forhunting and forother services connected withthe intention of this law.
TheDFOs arethe contractualparts. Inexercising thetourist hunting, there arepermitted contractswith duration from1 to 3years, with the right of re-contracting.
Theworks in hunting,fauna and naturalreserves areto be madein the basisof studiesand projects preparedby theFPRI and approvedby the DGFP.
Article 15
Thephysical andjuridical,resident ornon-resident persons,with the authorization ofthe DGFP, can makethe management and artificial growing up ofthe animalsand wild fowls, inthe forest fund ina private land, aiming the re-population, trade, food and ornamentation.
These subjectsare obliged to useup to 10% ofthe annual production for the re-population of the forest zones without payment.
Article 16
The DGFPand the Ministry of Finance definethe tariffs for gathering the hunt andfor exercisinghunting, for enteringin the hunting,fauna and natural reserves, for the rent and other similar issues.
Article 17
The trade of the skins of wild animals and of animals and wild fowls which are alive, embalmed, killed by the juridical, physical resident and non-resident persons has to be accompanied with the license from the forest organs, which verify killing or catching on the basis of the dispositions of this law.
Article 18
Frogs, snails, tortoises, reptilesand every living being, who are growing upand developingin theforest andhunting fund,are propertyof the state,excludingthecaseswhen therearecreatedin privatelands.
Theircollecting willbe doneafter takingthe license fromthe forest organsofthe districts,takingeventhe measuresfor protectingand exploiting on the biological and technical basis.
Article 19
Thestatecoverswithbudgetfundstheprotection,developmentand management of wild fauna,of natural ecosystems where fauna lives and face the situationsof emergencyin thecasesof naturaldisasters.
CHAPTER 4
THE EXERCISING OF HUNTING
Article 20
Hunting is developed according to the dispositions of this Law and on the basis of the other under-legal acts in all the territory of the Republic of Albania included in the hunting fund.
Article 21
It is called exercising of hunting, every act which is directly concerned with animal's and fowl's killing and catching, with following after hunting and waiting to kill or catch using equipment that are permitted for hunting.
Article 22
Everycitizen whoisabove 18years oldandis providedwith hunting permission can exercise hunting.
The Association of hunters and sportive fishers of the districts issues the annualpermissionof huntingandthecartel ofmembershipand itis valuable in all the territory of the district.
The hunter, who doesn'tpay the proper taxes and other obligations defined in legal dispositions, is not permitted to hunt.
Article 23
The permissionfor exercisinghunting for juridicaland physical persons must be given bythe DGFP which must define the conditions with which they arepermitted toexercisehunting inthe territoryof theRepublic of Albania.
Article24
The hunter is obligedto declare to the DFO the number of animals and wild fowls hunted, according tothe expressed ways in the legal acts and proper regulations.
Eachhunter isobligedto announceand giveto thenearest veterinary center the hunt with illness signs.
Article 25
Hunting is exercised withhunting arms, arches and in special cases can be permitteduseof trapsandotherequipment, withapproval fromDGFP.
The owner of thearm license is authorized to keep pointed and blade tools which will serve for hunting.
Article 26
Providing withthe permissionfor hunting and withannual permission for exercising hunting (when itis taken for the first time) must be done only after the hunter haswin the exam done in the Commission of each district, accordingto thecriteria determinedin theregulation approvedby the Minister of Agriculture and Food.
Article 27
Thehuntkilledduringtheexercisingof hunting,accordingtothe dispositions ofthis law andunder-legal acts, belongs tothe person who has killed it.
The physical and juridical foreign persons, when they leave the Republic of Albania,havethe righttotakethe huntwiththem-self afterbeing provided witha certificate from theforest organs and veterinary service of the district.
Article 28
DGFP incooperation withother interested organs, determinethe types of wildfauna whicharehunting objectand thecalendar ofhunting. Each hunter is obliged to respect and implement the calendar.
The Ministerof Agriculture and Food,with the proposal ofthe DGFP, for special ecological and atmospherically reasons, can stop hunting everywhere or inspecial zones, even inthe period of timewhen the hunting is been declared open.
Article 29
DFOdetermine huntingzones that willbe usedfrom the huntersfor the training of the hunting dogs.
Thetrainersareobligedtorespecttheboarders ofthezonesand determined rules.
CHAPTER 5
THE PROTECTION OF HUNTING FUND
Article 30
The protection of wildfauna and the implementation of the dispositions of thisLaw and otherunder-legal acts isa taskof DFO, organsof public order,organs ofthelocal government,of associationsofhunters and sportive fishers and ofevery juridical and physical, private or of state, resident or non-resident person, who are concerned with this activity.
Article 31
DFO guide,organize, control andit is responsible forthe protection of wildfauna andfor itswell-administration inthe entirehunting fund, independently of the ownership.
The physicaland juridical persons, who have inuse or in ownership parts ofsurfaces includedin thehunting fund,are obliged toimplement the dispositions of this law.
Article 32
All of the speciesof wild fauna that are not included in the hunting list like huntingobjects, except of the mice, havethe protection of the law.
Thesespeciescanbe huntedinspecialcases fordidactic-scientific reasons, when they aredangerous and in cases of illnesses, investigations orforveterinarymeasures,formuseums, labs,zoo-gardens,forthe selecting of the wild fauna and for the population of other zones, in every time andplace, with thespecial authorizationfrom theDGFP.
Article 33
Physical and juridical, privateor state, resident or not-resident persons that exercise fishing, includingeven the coast waters, have not the right to exercisehunting of wild animals and fowls,even in the territories in their use or ownership, when they are not provided with hunting permission.
Article 34
It is forbidden every kind of act that influences in the quality and nature of the ecosystem in all the Laguna and swamp zones, within the territory of the hunting and fauna reserves.
Article 35
Withthe intentionofprotection ofthewild fauna,it isforbidden:
1- Hunting of wild animals and fowls, excluding the cases determined in the article 32and the species namedas hunting objects inthe hunting list.
2-Hunting inthe reproducingand catchingzones, in faunaand natural reserves, in the nationalforest parks, in parks and gardens, in the urban centersand inany otherzonewhereit ispartiallyforbidden.
3- Freecirculation ofroving cats anddogs, herds, huntingdogs in the reserves.(Huntingdogs maybepermittedonly incases determinedin regulations).
4- Exercisingof huntingin the seaand in the foreseenregions for the development of fishing-culture.
5- Exercisingin a walkingform in the zonescultivated with agriculture plants.
6-Exercising ofthehunting, huntingfrom thecars,sailing vehicles (except the boats) and from the flying vehicles.
7- Exercising of hunting in the forbidden period, out of the time permitted or without relevant documentation.
8- Exercising of hunting with no-authorized tools for the type of exercised hunting, with tools andways that are dangerous for the people, animals an fowls,with fire,with materialsthat burnquickly, withexplosive and deleteriousmatters, openingholes,and duringthe night.
9- Hunting with equipmentand ways that cause killing or catching a lot of animalsand wildfowls suchas traps,baskets, nets,imitative stamps, foreboding voices apparatus, except the cases that are foreseen in the law.
10- Firing in adistance under 150 m in the direction of the urban centers anddangerousobjects, foroneungulatehunting (wildpig etc.);the distance from these objectsmust be calculated on the basis of the maximal arm firing.
11- Keepingready hunting arm during the passageto the urban centers (in foot oron the car) andtheir transportation when theyare full, keeping and using of these arms from other persons unauthorized.
12-Catching offowls during the falling offeathers, when they are frozen fromthe coldandthe catchingofthe animalsduring theinundation.
13- Destructionof the nests, damaging,collecting, keeping and taking of the eggsand of the new-born animals, killing orputting out the lair and destroying ofthe animalsexcluding the casesthat are foreseenin law.
14- Catching or keeping of the hunt from any person, without the permission ofthe forest organs,in the timeof reproducingand of growingup the children.
15-Killing orcatching,over thepermitted quantity,withother dogs except thoseof hunting, orhunting with hunting dogs,searching for the territory without hunting arm.
16-Damaging andusurpation ofthe surroundings, buildingsfor hunting, places for hunting, tables of every kind and nature, observation towers and different cages for birds.
17- Enteringand staying ofpeople, vehicles, putting ofcamps, tents or otherobjects ofthis nature inthe natural,fauna reserves andin the zones ofreproducing and catching, except thetimes and places defines by the forest organs.
18- Grazingof thecattle inthe huntingand faunareserves.
19- burning of thepastures which is within the reserves and in a distance of 500 m from them.
20-Catching, gatheringandtrading withoutpermission fromthe forest organs ofthe snails, tortoises, frogsover the determined quantities and out of the gathering season.
Article 36
The Policeof the forest service has the rightto control the killed hunt or thecatching fish and the documentation of theidentity of the arm and otherequipment, toeach personwho isin thehunting placeswith the huntingtools andequipmenteven inthe caseswhen thereare observed contravention of this law and of other under legal acts.
Article 37 For everycase of violations of the dispositions ofthis law and of other under-legalacts,theofficersof theforestserviceorgans, ofthe protection ofthe publicorder and theofficers of thelocal government haveto takeareport, whichmust besignedby thepreparing person, proceeded person and thepresent witness and when there are not these ones thereport isvaluableeven onlywith thesignature ofthe proceeding person,
aboutthe armsit istaken a specialreport whichmust be sentto the competent organ. Killed or catched hunt must be confiscated, while the arms andequipment mustbesequestratedby theforestserviceorgans.
CHAPTER 6
ADMINISTRATIVE INFRINGEMENTS
Article 38
When the infringements mentioned below are not qualified like penal action, they are condemnedwith fine as administrative infringement:
a) Exercising of huntingwithout being provided with the annual permission of huntingand the authorization of killing thehunt, is condemned with a finefrom 25000up to50000 lekand withthe takingoff theright of providing withpermission of hunting up to 3years. In cases of repeating it must be taken forever.
b) Exercising of huntingout of the programmed zones, or in other ones is condemned witha fine from 15000to 30000 lek. Incases of repeating the annualpermissionofthehunting mustbetakenoffupto 5years.
c) Whenthe hunterprovided with annualpermission does notpresent the permission ofhunting and the authorization ofkeeping the hunting arm to the controllingorgans, mustbe condemned withfines from 5000to 10000 lek.
d) Killing or catchingwith a larger quantity of hunt than it is permitted andwhen thisquantity isnot declaredto thecompetent organs,it is condemned with fines from 8000 to 15000 lek.
e) Whenthe resident or non-resident persons maketrade with the skins of the wild animals andfowls which are included in the hunting list, without the permission of the forest organs, they must be condemned with fines from 50000 to 80000 lek and even with their confiscation.
When the resident personis a hunter, the hunting permission will be taken forever.
f) Killing, keeping, catching and trading of more than three types of birds (like canary-birdand othersof this kind)is condemned withfine up to 3000 lek.
g)Gatheringofthesnails,reptilesand naturalfrogswithoutthe permission ofthe competent organs, out ofthe determined season and over the permittedquantities are condemnedwith fines from 5000to 8000 lek.
h) Exercising hunting withoutpaying taxes and fees is condemned with fine up to 15000 lek.
I) The export and import of the wild animals and fowls, killed according to the legal dispositions withoutthe proper documentation, is condemned with fine up to 16000 lek.
j) Trainingof hunting dogs out of permittedtime and places is condemned with fine up to 5000 lek.
k)Catching ofwild fowlsduring thetime offalling offeathers, the frozen timeor in cases of natural inundationis condemned with fine from 8000 to 15000 lek.
l)Destroying ofthe nests, damagingand gatheringof the eggsand the newborn are condemned with fine from 2000 to 4000 lek.
m) Enteringand staying of the people,animals, vehicles, creating of the camps,tents andsimilar otherequipment, building withoutthe relevant permission in the hunting and fauna reserves are condemned with fines up to 50000lekand withputtingoff anddestroyingof themands withthe obligationof turningbackthe territoryin thesituation ithas been before,with theexpenses ofthe personwho has donethe infringement.
n) Grazingof cattle in thehunting and fauna reservesis condemned with fines up to 8000 lek.
o) Persons or hunterswho are found in the hunting zones with hunting dogs without theproper permission are condemned with finesup to 1000 lek; in the caseswhen they are found with the hunting dogbut out of the hunting season arecondemned with fines up to 10000 lek;in the hunting and fauna reserves are condemned with fines up to 30000 lek.
Article 39
Thereviewingoftheadministrative infringementsmustbedone bya commission under the DFO,composed by 3 members defined by the director of DFO.
It can be lodged a complain within 5 days from the day of its announcement, in the district courtwhere the infringement is observed, and the decision is unchanged.
Article 40
The execution of the decisions must be done according to the law "On the administrative infringements".
Article 41
It isin charge of the Ministry ofEducation, Ministry of Agriculture and Food,Ministryof healthandEnvironmental Protectionand ofSciences Academy to take measures for including in the school's programmes the basic knowledge forpreservation andprotection of thenatural environment and especially to the Fauna.
Article 42
It is charged the Minister of agriculture with the proposal of DGFP to issue the under legal acts for the implementation of this law.
Article 43
They are abrogated Decree No. 5607 dated 30.6.1977 "On the hunting economy" and all other dispositions that are against this law.
Article 44
This law will enter in force 15 days after publication in the official papers.
Promulgated with the decree no. 983 date 13.12.1994 of the President of the
