Hunting Act
Passed 25.04.2013
Chapter 1 General Provisions
§ 1. Scope of Act
This Act provides for the creation and use of hunting districts, monitoring of wild game, harvest quotas and structure, and other principles of hunting, it determines the documents certifying hunting rights, it provides for the compensation for damage caused by wild game, and the state supervision and liability.
§ 2. Application of Act
(1) The requirements of this Act apply to hunting within the boundaries of protected natural objects, unless otherwise provided by the Nature Conservation Act or the protection procedure established on the basis thereof.
(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
§ 3. Hunting grounds
(1) A hunting ground is an area which is suitable for wild game to live freely and which is used for hunting purposes.
(2) The following are not hunting grounds:
1) areas designated by plans within cities, towns and small towns and clearly defined built up areas of villages (hereinafter densely populated areas), as well as recreation and leisure areas where safe hunting is impossible;
2) zones in protected areas where hunting is prohibited by law or legislation established on the basis of law.
§ 4. Wild game
(1) Wild game (hereinafter game) is divided, for the purpose of its protection and control, in into big game and small game.
(2) The big game includes the following:
1) moose;
2) red deer;
3) roe deer;
4) wild boar;
5) brown bear;
6) wolf;
7) lynx;
8) grey seal.
(3) The list of small game is provided for in hunting rules which shall be established by a regulation of the Minister of the Environment.
§ 5. Hunting district
Hunting district is an area created for big game hunt, which hunting ground area within a circular boundary is at least 5000 hectares.
§ 6. Land owner's rights in hunting
The land owner has the right, to the extent and pursuant to the procedure provided by this Act:
1) to organise small game hunt on their land;
2) to enter into agreement for organisation of hunting activities on their immovable;
3) to establish conditions for hunting or prohibit hunting;
4) to initiate replacement of the user of a hunting district;
5) to make proposals to the hunting council for making of changes to boundaries of a hunting district.
§ 7. Hunting rights and fee for hunting rights
(1) The hunting rights are the right of a natural person to hunt, if he or she holds the documents certifying the hunting rights and he or she has paid the fee for the hunting rights.
(2) A fee for the hunting rights shall be paid once a year pursuant to the Environmental Charges Act and legislation established on the basis thereof.
§ 8. Hunting year
The hunting year is a period from 1 March to the last day of February of the following year.
§ 9. Hunting council
(1) The hunting council shall be formed for the organisation of regional hunting activities comprising on equal grounds the users of a hunting district and the representatives of land owners. A state representative shall also be appointed to the hunting council. The territorial jurisdiction of a hunting council shall not be larger than a county.
(2) The Director General of the Environmental Board shall form the hunting council and approve the membership and procedures thereof.
(3) The following are within the competence of the hunting council:
1) making of proposals to the Environmental Board for the organisation of hunting of brown bear, wolf and lynx;
2) agreement on hunting quotas and structure of moose, red deer, roe deer and wild boar (hereinafter also cloven-hoofed game);
3) making of proposals to the issuer of the permit in proof of the right to use the hunting district hunting for the revocation of permit in proof of the right to use the hunting district if the terms agreed on the basis of subsection 22 (1) of this Act have been violated;
4) making of proposals to the issuer of the permit in proof of the right to use the hunting district for making of changes to boundaries of the hunting district;
5) provision of opinion to the issuer of the permit in proof of the right to use the hunting district concerning the extension of the permit in proof of the right to use the hunting district.
§ 10. Administrative co-operation in hunting
(1) The state may involve in the organisation of hunting activities a hunting organisation who is a legal person in private law. In order to involve hunting organisations, the Minister of the Environment may enter into a contract under public law for the assignment of the duty specified in subsection 29 (3), subsection 36 (8) and subsection 42 (8) pursuant to the procedure provided for in the Administrative Co-operation Act.
(2) Supervision over the performance of contracts under public law entered into in accordance with subsection (1) of this section shall be exercised by the Ministry of the Environment.
(3) If a contract under public law is terminated unilaterally or other circumstances arise which prevent the continuation of performance of the administrative duties, the Environmental Board shall organise further performance thereof.
Chapter 2 Creation and Use of Hunting District
§ 11. Creation of hunting district
(1) Hunting grounds shall be divided into hunting districts.
(2) Hunting districts shall be created by a directive of the Director General of the Environmental Board. The same directive shall also approve the map of a hunting district. The directive shall contain the following information:
1) the name of the hunting district;
2) area of the hunting district and hunting grounds;
3) hunting district boundary descriptions.
(3) If the area of an island is too small for a hunting district of a size set out in § 5 of this Act to be created and if the island is not joined to another hunting district, a hunting district with an area less than that set out in § 5 of this section may be created.
(4) Those parts of the water area of the sea, Lake Lämmijärv, Lake Võrtsjärv, Lake Peipus, Lake Pskov, and other water bodies not located entirely in one hunting district which are suitable for hunting activities shall be divided between hunting districts adjacent to the water area according to the principle of equal distance in the course of the creation of a hunting district.
(5) The provisions concerning open proceedings apply to the creation of hunting districts and making of changes to the boundaries thereof, taking account of the specifications provided for in this Act.
(6) The resolution on the creation of a hunting district specified in subsection (2) of this section, as well as the map of the hunting district shall be published by the Environmental Board on its website, and a relevant notice regarding the creation of a hunting district shall be published the publication Ametlikud Teadaanded and in at least one national newspaper or one local newspaper.
§ 12. Making of changes to boundaries of hunting districts
(1) The boundaries of a hunting district shall be changed if:
1) the hunting grounds of a hunting district is smaller than 5000 hectares;
2) a hunting district not granted into use is divided;
3) hunting grounds, which are not included in any hunting district, are added to a hunting district;
4) a hunting district is divided at the request of the user of a hunting district;
5) the users of adjacent hunting districts have agreed on making of changes to the boundaries of hunting districts;
6) the hunting council has submitted a reasoned proposal.
(2) In the case provided for in clauses (1) 4) and 5) of this section, a written application shall be submitted to the Environmental Board, which shall include:
1) the applicant's name, registry code, registered office and contact details;
2) description of changing the boundaries of a hunting district;
3) the date of submission of the application, and the signature of the applicant's representative.
(3) If an application for making of changes to the boundaries of a hunting district meets the requirements, the Environmental Board shall commence the hunting district modification proceedings and notify the applicant thereof by post or by electronic means within seven days as of the receipt of the application submitted in compliance with the requirements.
(4) The Environmental Board shall adopt a resolution on making of changes to the boundaries of a hunting district within three months following the receipt of the application submitted in compliance with the requirements or the making of proposal. The resolution shall be communicated to the applicant or the hunting council by post within seven days as of the adoption of the resolution.
(5) In the case provided for in clauses (1) 4) and 5) of this section, the state fee shall be paid for the review of an application for making of changes to the boundaries of a hunting district according to the rate provided for in the State Fees Act.
§ 13. Right to use hunting district
The right to use a hunting district is the right to organise hunting in the hunting district and to carry out monitoring of wild game on the grounds and pursuant to the procedure provided for by law and the legislation established on the basis thereof.
§ 14. Permit in proof of right to use hunting district
(1) The right to use a hunting district shall be granted by a permit in proof of right to use a hunting district.
(2) The following have the right to obtain a permit in proof of the right to use a hunting district:
1) legal persons registered in Estonia;
2) state agencies.
(3) The Environmental Board (hereinafter issuer of permits) shall issue permits in proof of right to use a hunting district and maintain the record-keeping thereof.
(4) A permit in proof of the right to use a hunting district shall be granted for ten years.
(5) A permit in proof of right to use a hunting district shall be issued on the condition that the applicant for the permit has an immovable in the same hunting district or a written agreement with at least one land owner who has an immovable in the same hunting district for the organisation of hunting activities on their immovable.
(6) If two or more applications are submitted for the right to use one and the same hunting district and if all the applicants do not agree to their being granted joint right of use, such applicant shall be preferred who has, within the boundaries of the hunting district, an agreement with the land owners for the organisation of hunting on their immovables concerning a larger area.
(7) The following shall be entered on a permit in proof of the right to use a hunting district:
1) name, registry code, registered office and contact details of the user of a hunting district;
2) the terms of commencement and termination of the validity of a permit;
3) the restrictions and conditions arising from law or rules for the protection of the protected natural object;
4) the obligation to organise monitoring of wild game;
5) the restrictions and conditions related to the organisation of research of wild game.
(8) A hunting district boundary description and map shall be enclosed to a permit in proof of right to use a hunting district.
(9) The standard format for permits in proof of the right to use a hunting district shall be established by a regulation of the Minister of the Environment.
§ 15. Application for permit in proof of right to use hunting district
(1) To receive a permit in proof of right to use a hunting district, a written application shall be submitted to the issuer of permits, which shall include:
1) the applicant's name, registry code, registered office and contact details;
2) the name of the hunting district applied for;
3) the desired manner of delivery of the permit in proof of the right to use the hunting district, and the contact details necessary for delivery;
4) the date of submission of the application, and the signature of the applicant's representative.
(2) The enclosure to the application shall be the details of an applicant's immovable located in this hunting district or a written agreement specified in subsection 14 (5) of this Act, including a list of agreements, which shall include:
1) the applicant's name, registry code, registered office and contact details;
2) the land owner's name, personal identification code or registry code, contact details, cadastral unit number and area;
3) the date on which the land owner's consent is granted and land owner's signature.
(3) Applications are received within 30 days as of the entry into force of the resolution creating a hunting district or after publication of the notice provided for in subsection 20 (4) of this Act.
(4) The issuer of permits shall register an application for a permit in proof of the right to use a hunting district immediately after the receipt thereof.
(5) If an application for a permit in proof of the right to use a hunting district meets the requirements, the issuer of permits shall commence the proceedings concerning the issue of permit and notify the applicant thereof by post or by electronic means within seven days as of the receipt of the application submitted in compliance with the requirements.
(6) A state fee shall be paid for the review of an application for a permit in proof of the right to use a hunting district according to the rate provided for in the State Fees Act.
§ 16. Publication of application for permit in proof of right to use hunting district
(1) An issuer of permits shall publish with regard to a properly completed application for a permit in proof of the right to use a hunting district a notice in the publication Ametlikud Teadaanded within 14 days as of the day of receipt of the application.
(2) The following information shall be published in a notice specified in subsection (1) of this section:
1) the name of the hunting district applied for and the name, registry code and registered office details of the applicant;
2) the local government which area is included in the hunting district;
3) the time at which and the place where it is possible to examine the application, and a reference to the opportunity to submit proposals and objections.
§ 17. Issue of or refusal to issue permit in proof of right to use hunting district
(1) An issuer of permits shall issue a permit in proof of the right to use a hunting district or shall refuse to issue a permit within two months as of the receipt of the application submitted in compliance with the requirements.
(2) An issuer of permits shall refuse to issue a permit in proof of the right to use a hunting district if:
1) an applicant for a permit in proof of right to use a hunting district has a punishment for violation of hunting legislation;
2) the applicant for a permit does not conform to the requirements provided for in subsections 14 (2) and (5) of this Act;
3) the applicant for a permit has knowingly submitted false information;
4) the hunting district is already in use.
(3) The applicant shall be notified of a resolution on issue of or refusal to issue a permit by post within seven days as of the adoption of the resolution.
(4) A permit in proof of the right to use a hunting district shall be made public in the publication Ametlikud Teadaanded and the website of the Environmental Board within fourteen days as of the issue of the permit.
§ 18. Extension of permit in proof of right to use hunting district
(1) A permit in proof of right to use a hunting district shall be extended for the next ten years provided that the prior user of a hunting district has submitted six months before the expiry of a permit in proof of right to use a hunting district to the issuer of a permit in proof of right to use a hunting district a relevant application together with the position of the hunting council.
(2) A permit in proof of the right to use a hunting district shall not be extended if:
1) the applicant for a permit has knowingly submitted false information;
2) the hunting council has not supported the extension of a permit;
3) the user of a hunting district has not performed the obligations provided for in a permit in proof of right to use a hunting district.
(3) The issuer of permits shall review the application specified in subsection (1) of this section and adopt a resolution concerning the extension of a permit within two months as of the receipt of the application submitted in compliance with the requirements.
(4) The applicant shall be notified of a resolution on extension of or refusal to extend a permit by post within seven days as of the adoption of the resolution.
(5) A resolution on the extension of a permit in proof of right to use a hunting district shall be published within 14 days as of the adoption of a resolution on the extension in the official publication Ametlikud Teadaanded and on the website of the Environmental Board.
§ 19. Amendment of permit in proof of right to use hunting district
A permit in proof of the right to use a hunting district shall be amended if:
1) the information specified in clause 15 (1) 1) of this Act has changed;
2) the legislation which constituted the basis for the requirements set out in the permit in proof of right to use hunting district have been amended, and the public interest that the permit in proof of right to use hunting district be amended outweighs the person's certainty;
3) the holder of the permit has submitted a reasoned request to this effect.
§ 20. Expiry and revocation of permit in proof of right to use hunting district
(1) The validity of a permit in proof of the right to use a hunting district terminates if:
1) a legal person or state agency that has received a permit in proof of right to use a hunting district is liquidated;
2) the user of a hunting district gives notice of its intention to relinquish the right to use the hunting district;
3) the term of a permit in proof of right to use a hunting district has expired.
(2) A permit in proof of the right to use a hunting district shall be revoked if:
1) false information was knowingly submitted upon application for the permit;
2) the land owners who own at least 51 per cent of the immovables of the hunting grounds of the hunting district and at least 51 per cent of the area of the hunting grounds have submitted a joint application to this effect;
3) the hunting council has submitted a reasoned proposal to this effect;
4) the hunting grounds of a hunting district is smaller than 5000 hectares;
5) a hunting district is divided at the request of the user of a hunting district;
6) the user of a hunting district does not perform the obligations provided for in a permit in proof of right to use a hunting district;
7) the user of the hunting district has more than one punishment for violation of the requirements of this Act or legislation established on the basis thereof;
(3) In the case specified in clause (2) 2) of this section, the application shall include:
1) the name of the hunting district;
2) the name, business name, personal identification code or registry code, contact details and registered immovable number of each land owner applying for the revocation of a permit in proof of right to use a hunting district, and the number and area of the cadastral unit;
3) the signature of each land owner and the date on which the land owner's consent is granted.
(4) The issuer of permits shall publish a notice concerning the expiry or revocation of a permit in proof of right to use a hunting district in the publication Ametlikud Teadaanded and in at least one national newspaper or one local newspaper. The information regarding the opportunities to submit an application for the receipt of the right to use the vacant hunting district shall be published, inter alia, in a notice concerning the expiry or revocation of a permit.
Chapter 3 Monitoring of Wild Game, Harvest Quotas and Structure
§ 21. Monitoring of wild game
(1) The monitoring of wild game shall be organised to observe the condition of the game populations.
(2) The user of a hunting district is required to perform the monitoring of game within the boundaries of the hunting district.
(3) The list of monitoring data and the procedure for collection shall be established and the agency authorised to organise the state monitoring shall be appointed by a regulation of the Minister of the Environment.
(4) Each year, the agency appointed on the basis of subsection (3) of this section shall prepare a game monitoring report. The monitoring report shall contain the following information:
1) description of the condition of the game populations;
2) change in the condition of the game populations;
3) forecast of the condition of the game populations and risk factors;
4) recommended harvest quotas and structure.
(5) The monitoring report shall be published on the website of the agency appointed on the basis of subsection (3) of this section.
(6) If the results of the monitoring report manifest that the favourable conservation status of the species is endangered or if the increase in the population of the species has caused a significant negative impact to the environment or a danger to the health or property of humans, the action plan specified in § 49 of the Nature Conservation Act shall be prepared.
§ 22. Wild game harvest quotas and structure
(1) The harvest quotas and structure of moose, red deer, roe deer and wild boar shall be agreed each hunting year by hunting districts in the hunting council based on the report specified in subsection 21 (4) of this Act and the proposal of the user of a hunting district.
(2) The harvest quota of brown bear, wolf, lynx and grey seal shall be established each hunting year by the Environmental Board based on the report specified in subsection 21 (4) of this Act and the proposal of the hunting council.
(3) The small game harvest quotas shall be decided each hunting year:
1) within the boundaries of his or her immovable – by the land owner;
2) in a hunting district – by a user of a hunting district unless the land owner has established any restrictions.
(4) The Environmental Board has the right to establish additional restrictions and conditions based on the action plan specified in subsection 21 (6) of this Act. The restrictions and conditions shall be communicated to the user of a hunting district by post or electronic means and published in the publication Ametlikud Teadaanded and in at least one national newspaper or one local newspaper.
Chapter 4 Hunting
§ 23. Hunting
(1) Hunting is the tracking, pursuit, capture or killing of a wild animal.
(2) A person’s presence in the wild with a product of hunting, a hunting firearm, a hunting dog, a hunting bow with broadhead arrows or traps is considered equivalent to hunting.
(3) The following are not deemed to be hunting:
1) tracking, pursuit, capture or killing of a wild animal that has entered a densely populated area;
2) killing of a wild animal in a place where it is kept in an artificial environment, which is registered with the Environmental Board;
3) killing of a wild animal that has been injured in a traffic accident or any other accident at the scene of the event;
4) a person’s presence on hunting grounds with an unloaded hunting firearm in a rifle bag or holster or a hunting dog on a leash;
5) a person’s presence on hunting grounds with a hunting bow in a bow bag or case;
6) running routine, testing or training of a hunting dog at the time and in the place permitted therefor;
7) tracking, pursuit, capture or killing of a wild animal for scientific purposes pursuant to the procedure established by the Nature Conservation Act.
(4) The Environmental Board shall organise hunting:
1) to avoid danger to human life or health;
2) to kill non-native species not specified in the hunting rules accidentally released in the wild;
3) to avoid damage caused by game outside the hunting season;
4) to kill injured game outside the hunting season;
5) to contain a disease spread by game;
6) in a hunting district or on hunting grounds not granted into use or in a part of public water body, which falls outside a hunting district;
7) on a protected natural object which is not jointed to a hunting district.
(5) In the case specified in clauses 6) and 7) of subsection (4) of this section, the principles of the organisation of hunting, and the period of validity of a hunting permit and its price by game species shall be established by a regulation of the Minister of the Environment.
(6) The maximum price of a hunting permit specified in subsection (5) of this section shall be 500 euros and the minimum price shall be 0.5 euros.
(7) It is permitted to hunt big game in hunting districts which hunting ground area within a circular boundary is at least 5000 hectares, except for the case provided for in subsection 11 (3) of this Act.
§ 24. Hunting means and methods
(1) The following is a list of permitted hunting means:
1) firearms with a smoothbore barrel and rifled barrel and combination rifle-shotguns, except fully automatic firearms;
2) semi-automatic firearms with a magazine capable of holding up to two cartridges, which have been registered for hunting;
3) pistols and revolvers;
4) hunting bows;
5) traps;
6) lures;
7) hunting dogs;
8) bounding flag lines.
(2) The following is a list of permitted hunting methods:
1) stalking;
2) hunting from hides;
3) calling hunt;
4) driven hunt;
5) search hunt;
6) burrow hunt;
7) pursuit of game.
(3) The permitted hunting means and methods and the hunting seasons by game species shall be established by the Minister of the Environment in the hunting rules.
(4) It is prohibited to hunt:
1) in a manner which endangers humans;
2) in a manner which damages and destroys the natural habitat of the animal, unless otherwise provided by law or legislation established on the basis thereof;
3) using self-shooting devices, explosives, electrical devices, birdlime, snares, net, poison, gas and smoke;
4) pursuing the game in motorised water craft, motor vehicles and all-terrain vehicles, shooting at the game from motor vehicles and all-terrain vehicles or using motorised water craft, motor vehicles and all-terrain vehicles in another manner for shooting the game;
5) using artificial light sources;
6) using an aircraft;
7) using crossbows, air rifles, firearms with a silencer, laser sight or sighting devices for night shooting;
8) game animals fleeing from a natural disaster;
9) animals in a helpless situation, unless otherwise provided by law;
10) by means of falconry;
11) using firearms that are not hunting firearms;
12) using bows that are not hunting bows within the meaning of subsection 27 (1) of this Act.
(5) Flashlights and headlamps may be used to determine the shooting results and to search for wounded and dead game.
(6) The prohibition specified in clause (4) 4) of this section does not apply to hunting waterfowl, beaver and mink from a water craft with an engine which is not running.
§ 25. Use of immovables for hunting
(1) A contract with the owner of an immovable shall be entered into in order to hunt on the immovable. A contract for the use of the state land for hunting shall be entered into with a person designated by the administrator of the state land.
(2) Unless the land owner has prohibited hunting on his or her land, hunting without a contract is permitted on an immovable which is neither fenced nor marked from sunrise until sunset, but not closer than at the distance of 200 metres from the building.
(3) A land owner cannot prohibit the following on his or her immovable:
1) transporting the products of hunting;
2) tracking or killing of game wounded in the course of hunting or injured due to other reason;
3) hunting to contain a disease spread by game pursuant to the procedure established by the Director General of the Environmental Board.
§ 26. Use of hunting firearms and ammunition
(1) A hunting firearm is a firearm which was acquired on the basis of the Weapons Act for hunting purposes.
(2) Pistols and revolvers may be used for killing small game that has been caught.
(3) At a big game hunt, it is prohibited to load into guns with a rifled barrel cartridges loaded with full metal jacket bullets and shoot such cartridges.
(4) Moose, brown bear, red deer, wild boar and grey seal may be shot only by bullets.
(5) In the hunting of moose, brown bear, red deer, wild boar and grey seal using guns with a rifled barrel, the calibre of a rifled barrel shall be at least 6.5 millimetres and the weight of bullets used in cartridges shall be at least 9.0 grams.
(6) Rimfire cartridges may be used for killing small game that has been caught and for hunting of raccoon dog, marten, polecat, mink, muskrat and birds, except for anserine and coot.
(7) Use of lead pellets when hunting waterfowl is prohibited.
§ 27. Use of hunting bows
(1) A hunting bow for the purposes of this Act is a sporting bow service specified in clause 18 (1) 8) of the Weapons Act requiring a draw force from 20 to 45 kilograms, which is used in hunting and on which the number of the hunting certificate of the user of a hunting bow has been written in weatherproof manner.
(2) It is permitted to use for hunting with a hunting bow arrows with the weight of at least 20 grams, which are equipped with broadheads, which weight is at least 6.4 grams and the minimum cutting diameter is 24 millimetres, and on which the number of the hunting certificate of the user of a hunting bow has been written in weatherproof manner.
(3) It is permitted to use a hunting bow for small game hunting.
(4) The specific requirements for the use of hunting bows shall be established by the Minister of the Environment in the hunting rules.
§ 28. Use of traps
(1) It is permitted to use as traps:
1) box traps which do not injure the game;
2) crow fykes;
3) muskrat fykes;
4) beaver fykes;
5) restraining nets and scoop nets for catching beavers alive;
6) steel trap immediately killing the game.
(2) Traps and hidden traps shall have in a visible place a marker with the number of the hunting certificate of the trap owner. The legibility of the marker shall be ensured throughout the catching period.
§ 29. Use of hunting dogs
(1) A hunting dog may be used for hunting if it has a hunting dog’s passport or other document certifying the breed of a hunting dog and if it has been microchipped or tattoo marked. A hunting dog’s passport or other document certifying the breed of a hunting dog needs to be carried when hunting with a hunting dog.
(2) The list of dog breeds permitted to use when hunting shall be established by the Minister of the Environment in the hunting rules.
(3) A hunting dog’s passport shall be issued by and the record-keeping of the hunting dogs’ passports shall be maintained by the Environmental Board or a person who entered into a contract under public law with the Ministry of the Environment on the basis of subsection 10 (1) of this Act.
(4) The procedure for the application for and issue of hunting dogs’ passports and the standard format for the passports shall be established by a regulation of the Minister of the Environment.
(5) Outside the period when hunting with a hunting dog is permitted, a hunting dog may be:
1) used for searching for game that has been wounded, that has died and that has been injured in a traffic accident or in another manner;
2) trained for running without shooting game in the place designated by a written permit of the user of a hunting district from 1 September to 30 September;
3) tested and trained on the proposal of a land owner or the user of a hunting district at the time and in the place prescribed in a written permit issued by the Environmental Board.
§ 30. Use of decoys
(1) Shapes, aromatic preparations and devices imitating game sounds may be used as decoys for luring game, except for electronic devices.
(2) Live animals shall not be used as decoys.
§ 31. Collective hunt
(1) Collective hunt is a big game hunt conducted with the participation of several individuals, which is organised on the basis of a hunting permit issued at least to one person participating in the hunt.
(2) To organise a collective hunt, a hunt leader is chosen from among the persons participating in the hunt, who prepared a list of participants in the hunt, which shall be carried during the hunting. A hunt leader shall hold a valid hunting certificate.
(3) A list of participants in a hunt shall include:
1) the number of at least one hunting permit;
2) the names and signatures of all the participants in a hunt;
3) the time and place of a hunt;
4) the name and signature of a hunt leader.
(4) A person entered in the list of participants in a hunt need not have the documents necessary for hunting and the documents certifying the use of the hunting means unless he or she uses the hunting means which requires such a document or the hunting permit issued to him or her is added to the list of participants in a hunt.
(5) A hunt leader is required to:
1) remove from the hunt an intoxicated person or a person with obvious signs of illness;
2) inform participants in the hunt of the hunting safety requirements, wild game that may be hunted and special requirements indicated on the permit;
3) supervise personally or appoint a person who supervises during a collective hunt the shooters or drivers according to the shooting position or starting point of the drive together with the indication of the direction of the drive;
4) take the necessary measures in the event of an accident;
5) make notation on a hunting permit in case of killing and wounding wild game;
6) submit to the user of a hunting district the list of participants in the hunt by the end of the hunting year.
(6) Participants in a collective hunt are required to:
1) comply with the lawful orders of the hunt leader;
2) sign the list of participants in the hunt as confirmation of being aware of the hunting safety requirements and other hunting requirements.
§ 32. Hunting safety requirements
The hunting safety requirements shall be established by the Minister of the Environment in the hunting rules.
§ 33. Killing game animals that show signs of rabies and notification thereof
(1) Any game that shows obvious signs of rabies may be killed without a hunting permit.
(2) An authorised veterinarian servicing the area or a supervisory official shall be promptly notified of a killed game that shows signs of rabies. If there was no hunting permit for killing the game that shows signs of rabies, the Environmental Inspectorate shall also be promptly notified.
§ 34. Products of hunting
(1) For the purposes of this Act, product of hunting means the game killed in the course of hunting and the meat, skin or other raw materials of game that has been killed.
(2) Products of hunting belong to the person who obtained the hunting permit and who killed the game, unless it follows otherwise from good hunting practice and the agreement of the persons who participated in the hunt.
(3) The possessor of a product of hunting shall certify the origin of the product of hunting.
(4) The user of a hunting district or the Environmental Inspectorate shall be promptly notified of any big game that has been killed in a traffic accident or that had to be killed as a result of a traffic accident, or of parts of any such big game.
(5) The big game specified in subsection (4) of this section and any parts thereof belong to the user of a hunting district who shall destroy or bury the dead big game on site based on agreement with the land owner if the big game has no use value.
Chapter 5 Document Certifying Hunting Rights
§ 35. Documents certifying hunting rights
(1) The following are the documents which certify hunting rights:
1) a hunting certificate;
2) a hunting permit;
3) a list of persons participating in a hunt;
4) a shooting test certificate for big game;
5) a shooting test certificate for bowhunting;
(2) The documents certifying the hunting rights shall be carried at the time of hunting, excluding the case specified in subsection 31 (4) of this Act.
(3) A list of participants in a hunt is required only in case of collective hunt.
(4) In the case specified in subsection 23 (4) of this Act, the Environmental Board may organise the hunting of wild animals not included in the list of game on the basis of big game hunting permit.
§ 36. Hunting certificate
(1) A hunting certificate is a document which certifies the natural person’s ability to hunt.
(2) A hunting certificate may be issued to a person who is at least 16 years of age, who has undergone training in the field of hunting and who has successfully passed a hunting theory examination.
(3) If an applicant for a hunting certificate does not wish to use hunting firearms in hunting, a corresponding notation shall be made on the hunting certificate and he or she need not pass a shooting test.
(4) A hunting certificate is valid for ten years.
(5) A hunting certificate shall not be issued to a person who has been deprived of hunting rights as punishment and whose information concerning the punishment has not been expunged from the punishment register or who does not meet the requirements provided in subsection (2) of this section.
(6) At the request of a person to whom a valid hunting certificate has been issued in a foreign country, a hunting certificate with a period of validity of up to one year shall be issued within ten days following the submission of an application and payment of the state fee or charge provided for in subsection (10) of this section without the person having to undergo a training in the field of hunting and to pass a hunting theory examination.
(7) If a hunting certificate is extended, the data are amended, a hunting certificate is lost or becomes unusable or if the validity of a hunting certificate is suspended, the hunting certificate shall be extended or a new hunting certificate shall be issued or the validity of the hunting certificate shall be restored within ten days following the submission of an application and payment of the state fee or charge provided for in subsection (10) of this section.
(8) A hunting certificate shall be issued and records on hunting certificates shall be kept, and also the conducting of hunting theory examinations and shooting tests shall be organised by the Environmental Board or a person who entered into a contract under public law with the Ministry of the Environment on the basis of subsection 10 (1) of this Act (hereinafter jointly issuer of certificate).
(9) The standard format of hunting certificates, the procedure for taking of hunting theory examinations and shooting tests and for application for and issue of hunting certificates, as well as the requirements for the training in the field of hunting and the trainers, and the training procedure shall be established by a regulation of the Minister of the Environment.
(10) For the review of an application for the issue, extension, exchange and restoration of validity of a hunting certificate, as well as for the taking of a hunting theory examination or a shooting test, a state fee shall be paid according to the rates provided in the State Fees Act, or, if the carrying out of an administrative task has been delegated by a contract under public law, the charge provided for in the contract under public law.
(11) The charge specified in subsection (10) of this section shall be cost-oriented, clear and based on the principle of equal treatment and set so that it ensures that the justified costs relating to the relevant service are covered. The amount of the charge shall be provided for in a contract under public law entered into on the basis of subsection 10 (1) of this Act and it shall not exceed the rate of the state fee established for the service.
§ 37. Suspension of validity of hunting certificate
(1) The validity of a hunting certificate shall be suspended for up to three years if:
1) a decision to deprive the person who obtained the certificate of hunting rights enters into force;
2) the person who obtained the certificate has been punished for the activities specified in §§ 50–63 of this Act.
(2) The validity of a hunting certificate shall be suspended by a resolution of the issuer of hunting certificate and the decision shall be promptly delivered to the holder of the certificate by registered letter with advice of delivery.
§ 38. Consequences of suspension of validity of hunting certificate, and restoration and renewal of validity of hunting certificate
(1) After suspension of the validity of a hunting certificate, the person who holds the certificate is required to hand over the hunting certificate to the issuer of the certificate on the working day following the delivery of the resolution to suspend the validity of the certificate. The term of the suspension of validity shall commence as of the delivery of the resolution to suspend the validity of the hunting certificate.
(2) If a challenge or complaint against a decision to suspend the validity of a hunting certificate is filed with a court and the administrative authority adjudicating a challenge or the court declares the suspension of the validity of the hunting certificate to be contrary to law, the issuer of the certificate is required to return the hunting certificate immediately after the entry into force of the judgment.
(3) If the validity of the hunting certificate is suspended for longer than twelve months, the person may restore the validity of the hunting certificate only if he or she successfully passes a hunting theory examination.
(4) If a person fails to extend the term of validity of a hunting certificate within twelve months as of the expiry of the term of validity thereof, the person may renew the hunting certificate if he or she successfully passes a hunting theory examination.
§ 39. Revocation of hunting certificate
(1) A hunting certificate shall be revoked if the person obtained the certificate by fraudulent means or if the hunting certificate was issued to the person on the basis of a document containing falsified or false information.
(2) A resolution on the revocation of a hunting certificate shall be made by the issuer of the hunting certificate.
(3) The authority which adopted the resolution shall give notice of a resolution to revoke a hunting certificate to the person concerned by registered letter with advice of delivery within ten days as of the adoption of the resolution on the revocation of the certificate, and the person is required to hand over the hunting certificate to the authority which adopted the resolution.
§ 40. Hunting permit
(1) A hunting permit grants the right to hunt game. A hunting permit shall be issued to a person who holds a valid hunting certificate.
(2) Hunting permits include big game and small game hunting permits.
(3) A hunting permit shall be issued and its term of validity shall be determined by:
1) the user of a hunting district for hunting in the hunting district;
2) the Environmental Board in the cases provided for in clauses 23 (4) 6) and 7) of this Act;
(4) The user of a hunting district is required, on the basis of a valid hunting certificate, to issue free of charge hunting permit for hunting small game to a land owner hunting on his or her immovable or a person designated by the land owner.
(5) In the case specified in subsection (4) of this section, the wild game the hunting of which is permitted and the term of validity of a permit for up to one hunting year shall be determined by a land owner, excluding a hunting permit issued to a person appointed by the land owner, which term of validity shall not be shorter than ten days.
(6) A hunting permit shall be issued within five working days as of the submission of an application.
(7) The issuer of hunting permits shall keep records of the issue and return of hunting permits and of the information entered on hunting permits.
(8) The following information shall be entered on a hunting permit:
1) the number of the hunting permit;
2) the name and official address of the issuer of the permit;
3) the given name and surname of the recipient of the permit;
4) the date of issue and period of validity of the permit;
5) the area on which hunting is permitted;
6) the game species the hunting of which is permitted; if the permit is a big game hunting permit, if necessary, the age and sex of the big game;
7) the signature of the person who issued the permit.
(9) Up to three users may be entered in a hunting permit.
(10) A big game hunting permit shall be issued separately for hunting each specimen.
(11) The term of validity of a hunting permit shall not be extended.
(12) A hunting permit grants the right to hunting only to a person entered in the permit, except for collective hunt provided for in § 31 of this Act.
(13) The standard format of a hunting permit shall be established by a regulation of the Minister of the Environment.
§ 41. Completion, return and preservation of hunting permit
(1) Upon capture of game, a relevant notation on a hunting permit shall be made by:
1) the owner of a hunting permit in the case of an individual hunt with regard to big game immediately after a big game animal is wounded or killed and at the end of the hunting day in the event of hunting small game;
2) a hunt leader in the case of collective hunt immediately after a big game animal is wounded or killed.
(2) If a big game animal is wounded, the date and time of the injury shall be immediately recorded on the hunting permit. If the wounded big game animal is not captured within twenty-four hours, the validity of the hunting permit shall be terminated with a notation stating that the wounded animal was not found.
(3) If the wounded big game animal is captured, the hunting district where the animal is found shall be recorded on the hunting permit together with the time of capturing the animal.
(4) The big game animal shall not be removed from the place of its capture until a notation concerning the capture is made on the hunting permit.
(5) A hunting permit shall be returned to the issuer of the permit by direct delivery or by registered letter with advice of delivery within ten days as of the expiry of the term specified in the hunting permit. The issuer of permits shall preserve the returned hunting permits and lists of participants in hunts that have been sent thereto for three years as of the receipt thereof.
§ 42. Shooting test certificate for big game and shooting test certificate for bowhunting
(1) A shooting test certificate for big game is a document which is issued to a person who holds a hunting certificate and which certifies the person’s right to participate in a big game hunt as a hunter and to use a cartridge loaded with a hunting weapon bullet to shoot game.
(2) A shooting test certificate for bowhunting is a document which is issued to a person who holds a hunting certificate and which certifies the person’s right to participate in a small game hunt as a hunter and to use a hunting bow to shoot small game.
(3) The procedure for application for, issue and maintenance of records of shooting test certificates for big game and shooting test certificates for bowhunting, the requirements for the taking of tests and the standard format of a shooting test certificate for big game and the standard format of a shooting test certificate for bowhunting shall be established by a regulation of the Minister of the Environment.
(4) If a person was issued a certificate confirming the taking of a shooting test for big game or shooting test for bowhunting in a foreign country, and not more than two years have passed as of the taking of the last shooting test, such person will not be required to take a shooting test for big game or shooting test for bowhunting.
(5) A shooting test certificate for big game and a shooting test certificate for bowhunting shall be issued for two years.
(6) Upon expiry of a shooting test certificate for big game and a shooting test certificate for bowhunting, the term of validity of the certificate shall be renewed after the taking of a shooting test for big game or a shooting test for bowhunting.
(7) If a shooting test certificate for big game and a shooting test certificate for bowhunting is lost or becomes unusable, a new shooting test certificate shall be issued within ten days after the submission of an application without the person having to pass a shooting test.
(8) Shooting tests for big game and shooting tests for bowhunting shall be organised, and shooting test certificates for big game and shooting test certificates for bowhunting shall be issued by the Environmental Board or a person who entered into a contract under public law with the Ministry of the Environment on the basis of subsection 10 (1) of this Act.
(9) For the issue and extension of a shooting test certificate for big game and a shooting test certificate for bowhunting and for conducting a shooting test, a state fee shall be paid according to the rates provided in the State Fees Act, or, if the carrying out of an administrative task has been delegated by a contract under public law, the charge provided for in the contract under public law.
(10) The charge specified in subsection (9) of this section shall be cost-oriented, clear and based on the principle of equal treatment and set so that it ensures that the justified costs relating to the relevant service are covered. The amount of the charge shall be provided for in a contract under public law entered into on the basis of subsection 10 (1) of this Act and it shall not exceed the rate of the state fee established for the service.
Chapter 6 Compensation for Damage Caused by Game
§ 43. Compensation for damage caused by game from funds of user of hunting district
The user of a hunting district shall compensate for the damage caused by game to the land owner pursuant to a contract specified in subsection 25 (1) of this Act at the request of the land owner.
§ 44. Partial compensation for damage caused by game from funds of user of hunting district in case of absence of contract
(1) In case of absence of the contract specified in subsection 25 (1) of this Act, the owner of the immovable or, based on his or her consent, another person has the right to demand from a user of the hunting district the partial compensation for the damage caused by cloven-hoofed game to the crops and coniferous trees growing on the forest land within one vegetation period in the amount up to 100 euros per hectare per year in the place indicated in a game damage prevention notice.
(2) Crops specified in subsection (1) of this section are the crops specified in Commission Regulation (EC) No 1200/2009 implementing Regulation (EC) No 1166/2008 of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods, as regards livestock unit coefficients and definitions of the characteristics (OJ L 329, 15.12.2009, p. 1–28).
(3) The land owner or, based on his or her consent, another person shall submit to a user of the hunting district a game damage prevention notice, which shall specify the location of the crops, reforestation of coniferous trees or coniferous forest stand which requires protection, and the protection measures implemented or planned for the protection of the property.
(4) The principles and methodology of the assessment of the damage caused by cloven-hoofed game to the crops and coniferous trees growing on the forest land, the requirements for assessment reports, specified amount of compensation for damage and compensation procedure, and the list of coniferous trees subject to compensation shall be established by a regulation of the Minister of the Environment.
(5) A user of the hunting district is not required to compensate for damage caused by cloven-hoofed games if:
1) the land owner or, based on his or her consent, another person has prohibited in writing the hunting on his or her immovable;
2) the damaged area of the crop acres is damaged less than 100 square metres;
3) the crop damage on arable land with the size exceeding five hectares was caused within the first ten meters from the external border;
4) the replanted forest land has at least 1500 undamaged coniferous trees per hectare;
5) the forest stand has in the dominant canopy and sub-canopy the total of 1200 undamaged coniferous trees per hectare;
6) the land owner or, based on his or her consent, another person has failed to submit by 1 May of the current year to a user of the hunting district a game damage prevention notice;
7) the land owner or, based on his or her consent, another person has failed to implement the measures indicated in the notice specified in subsection (3) of this section;
8) the land owner or, based on his or her consent, another person has hindered hunting in the place indicated in a game damage prevention notice.
§ 45. Reserve fund and compensation for amounts paid from fund
(1) A user of the hunting district or an organisation uniting the users shall form a reserve fund to cover the claims arising from the damage caused by game to the land owner, which funds shall be the fees collected from the members, grants and other revenue.
(2) The foundation Environmental Investment Centre shall support the partial covering of the claims paid from the reserve fund formed on the basis of subsection (1) of this section in the minimum amount of 10 per cent and the maximum amount of 30 per cent of the annual payments made by the reserve fund, which shall not exceed the annual volume of the receipt in the state budget of the fee for hunting rights for the year for which the grant is applied for.
(3) The foundation Environmental Investment Centre shall support primarily the partial covering of the claims described in § 44 of this Act.
(4) If the amount applied for exceeds the annual volume of the receipt in the state budget of the fee for hunting rights for the previous year, the grant paid by the foundation Environmental Investment Centre shall be reduced proportionately for all applicants.
§ 46. State compensation for damage caused by game
(1) The damage caused by game shall be partially compensated by the Environmental Board based on the criteria provided for in § 44 of this Act and the methodology established on the basis of subsection (4) of the same section if:
1) the damage occurs on the territory of a protected natural object where restrictions are set by law or protection rules on hunting the game that caused the damage;
2) the damage occurs in an area where the Environmental Board on the basis of subsection 22 (4) of this Act has suspended hunting of the game that caused the damage;
3) the damage occurs in an area, which is within one kilometre from the boundary of the area where hunting is prohibited on the basis of the Nature Conservation Act or protection rules;
4) the damage occurs on hunting grounds not joined to a hunting district or in an area, which is within one kilometre from the boundary of the hunting grounds not joined to a hunting district.
(2) Additional feeding of game is prohibited in the areas listed in clauses (1) 3) and 4) of this section.
(3) The procedure for compensation for damage incurred in the case specified in subsection (1) of this section shall be established by a regulation of the Minister of the Environment.
(4) Damage caused by brown bears, wolves, lynxes, geese and barnacle geese shall be compensated pursuant to the procedure established on the basis of the Nature Conservation Act.
Chapter 7 State Supervision and Damage Caused to Environment
§ 47. State supervision
State supervision over compliance with the requirements of this Act and legislation established on the basis thereof shall be exercised by the Environmental Inspectorate pursuant to the procedure provided for in the Environmental Supervision Act.
§ 48. Damage caused to environment
The bases for the calculation of damage caused to the environment by unlawful killing of game or destruction of or causing damage to the natural habitats of game and the rates of damage by game species shall be established by a regulation of the Government of the Republic taking into consideration that:
1) the upper limit of the damage caused to the environment by unlawful killing of game amounts to 2000 euros and the lower limit to 3 euros;
2) the upper limit of the damage caused to the environment by destruction of or causing damage to the natural habitats of game amounts to 96 euros.
Chapter 8 Liability
§ 49. Hunting without hunting certificate
Hunting without a hunting certificate is punishable by a fine of up to 300 fine units or by detention.
§ 50. Hunting without hunting permit
Hunting without a hunting permit is punishable by a fine of up to 200 fine units or by detention.
§ 51. Hunting without shooting test certificate for big game
Hunting without a shooting test certificate for big game is punishable by a fine of up to 100 fine units or by detention.
§ 52. Hunting without shooting test certificate for bowhunting
Hunting without a shooting test certificate for bowhunting is punishable by a fine of up to 100 fine units or by detention.
§ 53. Hunting without payment for hunting rights
Hunting without a payment for the hunting rights is punishable by a fine of up to 100 fine units.
§ 54. Hunting with hunting dog which has no hunting dog’s passport and other document certifying breed of hunting dog
Hunting with a hunting dog which has no hunting dog’s passport or other document certifying the breed of a hunting dog is punishable by a fine of up to 100 fine units.
§ 55. Testing and training of hunting dog at prohibited time and without permit
Testing or training of a hunting dog at a prohibited time or without a relevant permit is punishable by a fine of up to 100 fine units.
§ 56. Violation of requirement to carry document necessary for hunting while hunting
Violation of the requirement to carry a hunting certificate, hunting permit, shooting test certificate for big game, shooting test certificate for bowhunting, list of participants in the hunt, hunting dog’s passport or other document certifying the breed of a hunting dog while hunting is punishable by a fine of up to 100 fine units.
§ 57. Hunting using prohibited means or methods, at prohibited time and in prohibited place
Hunting using prohibited means or methods, at a prohibited time or in a prohibited place is punishable by a fine of up to 200 fine units or by detention.
§ 58. Violation of hunting requirements
Violation of the hunting requirements when using the hunting means or violation of the hunting safety requirements is punishable by a fine of up to 200 fine units.
§ 59. Failure to make notation on hunting permit concerning capture and wounding of game and making knowingly false notation
Failure to timely make a notation on a hunting permit concerning capture or wounding of game or making a knowingly false notation is punishable by a fine of up to 100 fine units.
§ 60. Violation of requirements for issue and return of hunting permits and of information entered on hunting permits
(1) Violation of requirements for issue and return of hunting permits or of information entered on hunting permits is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
§ 61. Violation of harvest quotas and structure established by Environmental Board
(1) Violation of the harvest quotas or structure established by the Environmental Board is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
§ 62. Failure to perform obligations related to permit in proof of right to use hunting district
Failure to perform the obligations related to a permit in proof of right to use a hunting district
is punishable by a fine of up to 3200 euros.
§ 63. Failure to perform requirements to issue small game hunting permit to land owner
Failure to perform the requirements to issue a small game hunting permit to the land owner is punishable by a fine of up to 3200 euros.
§ 64. Confiscation
The Environmental Inspectorate and a court may, pursuant to the provisions of § 83 of the Penal Code, confiscate the means of the commission of a misdemeanour, a thing and product of hunting which was the direct object of the commission of a misdemeanour provided for in §§ 49–54 and 57–59 of this Act.
§ 65. Proceedings
(1) The provisions of the General Part of the Penal Code and of the Code of Misdemeanour Procedure apply to the proceedings concerning the misdemeanours provided for in §§ 49-63 of this Act.
(2) The Environmental Inspectorate is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in §§ 49-63 of this Act.
Chapter 9 Implementing Provisions
§ 66. Repeal of Hunting Act
§ 67. Transitional provisions
(1) Legislation established for the creation of a hunting district before the entry into force of this Act shall be effective until the making of changes to the boundaries of a hunting district on the basis of § 12 of this Act.
(2) A permit in proof of the right to use a hunting district which is valid upon the entry into force of this Act shall be in force for ten years following the entry into force of this Act to the extent this is not contrary to the provisions of this Act.
(3) A tenant hunting district created pursuant to the Law on Hunting Management, on the basis of which no hunting district has been created, shall be considered a hunting district for the purposes of this Act, and the legislation established for the creation thereof shall be effective until the making of changes to the boundaries of a hunting district on the basis of § 12 of this Act.
§ 68. – § 71.
§ 69. Entry into Force of Act
This Act enters into force on 1 June 2013.
Ene Ergma
President of the Riigikogu
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