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established – the rule of“ownership”(Heider 2013)(see below).
FEDERAL LEGISLATION
The German Federal Hunting Act (CGerLI 2008), as amended in
2013, does not give specific parameters for the use of shot for
hunting, but rather prohibits its use for cloven-hoofed game and
seals, both for shooting healthy and previously wounded game.
The use of rifle ammunition is legislated by a minimum bullet
diameter (calibre) of 6.5 mm (0.257”) and minimum impact
energy at 100 m for all cloven-hoofed game, except roe deer,
of 2000 joules (~1.475 foot pounds). For roe deer, no minimum
calibre is specified and a minimum impact energy of 1000
joules (~738 foot pounds) applies. No specifications are given
for bullet or shot material composition. The Federal German
Ministry for Food and Agriculture announced plans to change
the Act to provide a standard national solution for the utilisation
of hunting rifle ammunition. “The new act aims to minimize
the lead contamination of game and environment through
hunting ammunition and to ensure the utility of projectiles for
hunting” (BMEL 2014). During the legislative process, this draft
for a ‘first law to change the Federal German Hunting Law’ was
commented on by the Federal Assembly (Bundesrat) on 27th
March, 2015. The Federal Assembly moved to include a ruling
in the draft with the objective to 1) ban lead ammunition for
hunting and 2) ensure reliable terminal ballistic performance
(German Federal Assembly 2015).
FEDERAL STATES LEGISLATION
The 16 German Federal States pass state hunting legislation, in
which rulings of the federal act can be extended.
1. USE OF LEAD SHOT
Some 14 of 16 German Federal States implemented rulings
against the use of lead shot over and around wetlands and
waterbodies for hunting waterbirds (BMU 2011), in accordance
with the “Agreement on the Conservation of African-Eurasian
Migratory Waterbirds” (AEWA 2012). The Free State of Saxony,
extended the ruling to include all game hunted with shot, not
onlywaterfowl, starting1st April, 2014 (Free State of Saxony 2012).
2. USE OF LEAD BULLETS
Some three of 16 German Federal States (Schleswig Holstein
(LTSH 2014), Baden-Wuerttemberg (MLRV 2014) and Saarland
(CdS Saarland 2014)) have moved to regulate the use of lead
bullets for hunting. In Schleswig Holstein the use of lead bullets
and shotgun slugs for hunting has been banned since 1st April,
2015. This action was based on the results of Gremse and Rieger
(2012, 2014)(LTSH 2014). In Baden-Württemberg, the use of lead
bullets will be banned for hunting cloven-hoofed game with
effect from 2016. At Saarland, state-wide restrictions of bullets
containing lead are in place, effective from 1st April, 2014, with
a grace period granted to phase out their use by 2017. At time
of writing the Federal State of North Rhine Westphalia is in the
process of passing hunting legislation, which will restrict the use
of lead bullets and shotgun slugs in hunting (MKULNV 2014).
3. OWNERSHIP RULINGS
In Germany hunting rights are tied to land ownership. There
is a differentiation between the ‘hunting right’ and the ‘right
to hunt’. The former is the inalienable right of the landowner
to gain from hunting of the owned land, whereas the ‘right to
hunt’“denotes the exclusive entitlement to care for and protect,
to hunt and appropriate those animals living in the wild state
which are subject to the right to hunt (game), on a specified
area of land” (CGerLI 2008). Land is mostly owned by private,
municipal, conventual, state and federal entities. Ten of the
16 forestry services of the Federal States, the Federal Forest
Service and the 14 National Park Offices have rulings in place
banning the use of lead rifle bullets on their land (DJV 2014).
The City of Rostock municipal forest (City of Rostock 2011), the
German Federal Environmental Foundation (DBU 2011), the City
of Greifswald (Greifswald 2011) and the City of Fuerstenwalde
(City of Fuerstenwalde 2014), restricted the use of lead bullets
in 2008, 2012 (both DBU and Greifswald), and 2013 respectively.
A summary of current federal, state and ownership rulings
restricting the use of lead bullets, shot and slugs for hunting is
given in Table 1.
EUROPEAN UNION INITIATIVE
“LEAD IN CONSUMER ARTICLES”
In 2012 Sweden submitted a ‘Proposal for a Restriction of Lead
and its Compounds in Articles intended for Consumer Use’
(ECHA 2013a) under REACH-Regulation. REACH is a regulation
of the European Union, adopted to improve the protection of
human health and the environment from the risks that can be
posed by chemicals, while enhancing the competitiveness
of the EU chemicals industry3. It also promotes alternative
methods for the hazard assessment of substances in order to
reduce the number of tests on animals. The goal of the Proposal
3
Lead in game meat: research and legislation in Germany and the EU