ZASTUPNIKI DOM SABORA REPUBLIKE HRVATSKE
Transcription
ZASTUPNIKI DOM SABORA REPUBLIKE HRVATSKE
THE CROATIAN PARLIAMENT 2641 Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby issue the DECISION PROMULGATING THE HUNTING ACT I hereby promulgate the Hunting Act, passed by the Croatian Parliament at its session on 17 November 2005. No. 01-081-05-3423/2 Zagreb, 22 November 2005 The President of the Republic of Croatia Stjepan Mesić, m.p. THE HUNTING ACT I GENERAL PROVISIONS Article 1 (1) This Act regulates management of hunting grounds and game. The management comprises breeding, protection, hunting and use of game and its parts. (2) Activities referred to in paragraph 1 of this Article have an economic, tourist and recreational function and as well as the function of protection and preservation of biological and environmental equilibrium of natural habitats, game and wildlife. Article 2 For the purposes of this Act, the following terms have the following meanings: 1. Game – animal species designated by law that live free in the nature, occupying areas intended for breeding or intensive breeding and reproduction for the purpose of hunting and use. 2. Own hunting ground - hunting ground established on the property owned by a legal or natural person (hereinafter: private hunting ground) and the hunting ground established on the property owned by the Republic of Croatia (hereinafter: state hunting ground). 1 3. Common hunting ground - hunting ground established on property owned by different owners which, pursuant to the provisions of this Act, could not establish their own hunting grounds. 4. Right of hunting – the authority to conduct breeding, protecting, hunting and use of game and its parts on specific land and water areas (hereinafter: property). 5. Concession - the right of hunting acquired by concession granted in accordance with this Act for a period of 30 hunting years. 6. Lease - the right of hunting acquired by lease granted in accordance with this Act for a period of 10 to 20 hunting years. 7. Concessionaire of the right of property - a concessionaire or lessee with the right to economic exploitation of the property. 8. Authorised person of the right of hunting – a legal or natural person (craftsman) that has acquired the right of hunting by a lease or a concession and the owner of the hunting ground. 9. Concessionaire – a legal or natural person (craftsman) that has acquired the right of hunting through a concession. 10. Hunting lessee – user of the property and other legal or natural person (craftsman) that has acquired the right of hunting in a state hunting ground or a common hunting ground by lease. 11. Hunting ground owner - game breeding site owner – property owner that has acquired the right to establish his own hunting ground or breeding site. 12. Natural person - a person registered for hunting (craftsman). 13. Property user – the owner or holder of the property where the hunting ground is established. 14. Hunting ground - a designated area of the property that represents a comprehensive natural unit where the environmental and other conditions for breeding, protection, hunting and use of the game and its parts exist. 15. Open hunting ground - hunting ground where free daily and seasonal migration of game is possible. 16. Bounded hunting ground - a hunting ground of at least 1,000 ha area, bounded by natural boundaries (wide water flows, large water areas, seas, etc.) or artificial obstacles (fences, structures and similar devices) preventing or decreasing the possibility for the game that is bred, protected and hunted there to leave that area. 2 17. Game breeding site - an area larger than 100 ha, but smaller than 2,000 ha of own property, bounded by a fence or a similar structure or by natural boundaries preventing the game produced there for breeding and hunting purposes to leave the area. 18. Hunting management plan - a planning document regulating management of the specific game and the hunting ground for a specific period according to the habitat, strength and status of the game that is being bred, and the presence of protected species. 19. Game breeding programme – a planning and management document regulating breeding, protection and use of game in breeding sites. 20. Game protection programme - a planning document pursuant to which the game is protected in property areas where hunting grounds may not be established. 21. Game trophy - game or its parts designed for keeping or evaluation. 22. Top game trophy - a trophy of a highest rating with a larger number of points than the registered trophy (champion) of a game species in the Republic of Croatia. 23. Breeding site - a living area of certain big game species comprising optimum habitable and other necessary conditions for rational population management. 24. Settlement - permanently populated place, regardless of its size, where the degree of fully built area is such that it prevents natural big game migration. 25. Ranger - a person possessing a hunting and forest ranger certificate, who guards the hunting ground and performs other activities on breeding, protection, hunting and use of game and its parts. 26. Hunter - a person who has passed the hunting exam and performs the principal hunting duties: breeding, protection, hunting and use of game and its parts while respecting the hunting customs and ethics. 27. Game trophy evaluator – a person with a game trophy evaluator certificate. 28. Hunting year – period from 1 April of the current year to 31 March of the following year. 29. CIC - International Council for Game and Wildlife Conservation. Article 3 (1) Game, for the purpose of this Act, shall be the following animal species: A Big game 3 red deer (Cervus elaphus L.) fallow deer (Dama dama L.) Axis dear (Axis axis L.) roe deer (Capreolus capreolus L.) chamois (Rupicapra rupicapra L.) mouflon (Ovis aries musimon Pall.) boar (Sus scrofa L.) brown bear (Ursus arctos L.) B Small game 1. Hairy game Eurasian badger (Meles meles L.) wild cat (Felis silvestris Schr.) marten (Martes foina EHR.) pine marten (Martes martes L.) least weasel (Mustela nivalis L.) Eurasian beaver (Castor fiber L.) brown hare (Lepus europaeus Pall.) European rabbit (Oryctolagus cuniculus L.) dormouse (Myoxus glis L.) fox (Vulpes vulpes L.) jackal (Canis aureus L.) ferret (Mustela putorius L.) Egyptian mongoose (Herpestes ishneumon L.) 4 2. Feathery game pheasant (Phasianus sp. L.) rock partridge: - rock partridge (Alectoris graeca Meissn.) - chukar (Alectoris chucar) grey partridge (Perdix perdix L.) quails: - common quail (Coturnix coturnix L.) - Virginia quail (Coturnix Virginiana L.) woodcocks: Eurasian woodcock (Scolopax rusticola L.) - common snipe (Gallinago gallinago L.) wild pigeon: - common wood pigeon (Columba palumbus L.) - common pigeon (Columba livia Gmelin.) wild geese: - bean goose (Anser fabalis Latham.) - greater white-fronted goose (Aner albifrons Scopoli.) wild ducks: - mallard (Anas platyrhyncos L.) - common pochard (Aythya ferina L.) - tufted duck (Aythya fuligula L.) - garganey (Anas querquedula L.) 5 - common teal (Anas crecca L.) common coot (Fulica atra L.) carrion crow (Corvus corone cornix L.) rook (Corvus frugilegus L.) Eurasian jackdaw (Coloeus monedula L.) common magpie (Pica pica L.) Eurasian jay (Garrulus glandarius L.) (2) Wild cat (Felis silvestris Schr.) and dormouse (Myoxus glis L.), within the meaning of this Act, are not deemed to be game in the areas where they are protected by regulations on the protection of certain animal species. (3) If a new species appears or is introduced or reintroduced into the territory of the Republic of Croatia, the Minister for Agriculture, Forestry and Water Management (hereinafter: Minister), subject to prior approval by the central state administration body competent for nature protection, shall determine whether the mentioned species is deemed to be game within the meaning of this Act. (4) Introduction and reintroduction of animal species referred to in paragraph 3 of this Article may be carried out after research, based on the risk assessment study on introducing animal species in the nature, and subject to approval by the central state administration body competent for nature protection, appreciating other countries’ experiences, and in the manner that no harmful effects are caused to natural habitats and to the regional wildlife. Article 4 Game is a resource of interest for the Republic of Croatia and enjoys its special protection. Article 5 (1) The right of hunting may be acquired: 1. by the owner, by establishment of the hunting ground on own property, 2. by other legal or natural person: - through concession on the state hunting ground, 6 - through lease of the state hunting ground, common hunting ground or private hunting ground. (2) The owner of the property without the right of hunting shall be compensated for the limitations he is subjected to in respect of exercising the right of hunting by third persons, pursuant to this Act. Article 6 (1) Legal and natural persons may acquire the right of hunting on the hunting grounds owned by the Republic of Croatia through a concession or a lease subject to the manner and conditions as provided by this Act. (2) The right of hunting on the hunting grounds owned by the Republic of Croatia and on common hunting grounds shall not be transferable through sub-concession or sub-lease. Article 7 (1) The Croatian Hunters’ Union (hereinafter: the CHU) is a voluntary national association comprising the county hunting unions and the hunting union of the City of Zagreb, through which hunting associations and hunters are members of the CHU. (2) The CHU represents all its members in promoting hunting in the Republic of Croatia and abroad. Article 8 (1) Authorised persons of the right of hunting shall submit information, provided for by this Act, originating from the hunting management plan and game breeding programmes and the information on game kill and game trophies until 31 May for the previous hunting year to the Ministry of Agriculture, Forestry and Water Management (hereinafter: Ministry) for the purposes of keeping the Central Hunting Records. (2) The Central Hunting Records shall be kept by the Ministry, in accordance with the Ordinance on the content and the manner of keeping the Central Hunting Records issued by the Minister. II HUNTING GROUNDS, TYPES OF HUNTING GROUNDS AND AREAS WHERE HUNTING GROUNDS MAY NOT BE ESTABLISHED 1. Hunting grounds Article 9 7 (1) A hunting ground shall be established according to the game species naturally residing therein or bred on the property, and according to the number of game that may be bred according to the habitat possibilities and the purposes of the hunting ground. (2) It is prohibited to establish hunting grounds in: 1. protected parts of nature if specific rules and regulations prohibit hunting therein, 2. seas and fish ponds with coastal area used for exploitation of fish ponds, 3. greeneries, orchards and vineyard plantations intended for intensive production and pasture-grounds if protected by a fence preventing natural hairy game migration, 4. mined areas and a safety zone occupying up to 100 m, 5. other areas where hunting is prohibited by the document proclaiming their purpose. (3) Breeding sites shall be determined for red deer and chamois with the purpose to achieve their better expert and quality managing. The Minister shall determine, by a special regulation, the breeding site area in accordance with the game species and the manner of management in the hunting grounds encompassed by the breeding site. Article 10 (1) Hunting grounds may be established as open hunting grounds, bounded hunting grounds and game breeding sites. (2) Open hunting grounds may not occupy less than 1,000 ha. (3) By way of derogation from paragraph 2 of this Article, an open hunting ground may be established on an island or a group of islands occupying an area larger than 500 ha. (4) Bounded hunting grounds shall encompass areas fulfilling conditions for intensive breeding, protection, hunting and exploitation of game and may not occupy less than 1,000 ha. (5) Game breeding site is a hunting ground covering from 100 to 2,000 ha of own property where certain game species may be bred to produce a larger number of game intended for hunting and reproduction. Breeding site may be established only for the owners of the property. (6) By way of derogation from provisions of Article 9, paragraph 2, items 2 and 3 of this Act, a breeding site may be established on own fish pond properties with a coastal area, on greeneries, pasture-grounds, and orchards and vineyard plantations. Article 11 8 (1) Boundaries of a hunting ground shall be visible, and shall be determined depending on the natural unit, environmental, geographical and other conditions, sea coastal zones, and highways preventing natural migration of hairy game. (2) If the hunting ground boundaries cannot be determined in accordance with paragraph 1 of this Article they shall be determined by railways, county and local roads, drives, watersheds, rivers, or in another manner. (3) When determining boundaries of a hunting ground, natural game migration shall be taken into consideration. (4) Boundaries of the hunting ground shall be visibly marked on places stipulated in the decision establishing the hunting ground. Article 12 (1) Authorised persons of the right of hunting shall enable work of scientific-research and scientific-educational institutions, provided for by the special programmes of the abovementioned institutions, at their own expense, on the basis of permissions by the Ministry, provided that the areas where the work is being carried out are visibly marked. (2) The institutions carrying out scientific-research and scientific-educational work shall submit their annual reports on performed activities to the Ministry until 31 May of the current year for the previous year. 2. Types of hunting grounds A. Own hunting grounds Article 13 (1) Own hunting ground shall be established on the property owned by a physical or natural person (private hunting ground) or on the property owned by the Republic of Croatia (state hunting ground) if its surface is not less than 1,000 ha of uninterrupted land, whereas the whole area may be crossed from one cadastral unit onto another without passing through others’ land. Roads, railways and pertaining facilities, waterways, canals, and similar shall not be considered as interruption of the land. Islands shall be considered to be connected to the coast, if game migration is possible. (2) Areas pursuant to paragraph 1 of this Article shall be considered interrupted if they are divided into several parts, connected only by waters and roads passing between those parts through other owner’s or owners’ land. (3) If there are, within the areas pursuant to paragraph 1 of this Article, enclaves of total area less than 1,000 ha or half-enclaves of less than 500 ha of another owner, those areas 9 shall be encompassed by own hunting ground, unless the owner of the property intends to breed game on these areas in a game breeding site. (4) By way of derogation from paragraph 1 of this Article, an own hunting ground may be established on an island or a group of islands covering more than 500 ha. (5) The owner of the property shall file the request to breed game, within the meaning of paragraph 3 of this Article, in writing, with the competent administration authority for hunting in the counties and the City of Zagreb prior to rendering the decision establishing own hunting ground. If the owner of the property does not begin game breeding on the site within one year upon the submission of the request, it shall be deemed that the owner concerned has withdrawn his request. Article 14 (1) For the properties referred to in Article 13, paragraph 3 of this Act, the private hunting ground owner shall pay a hunting rent in favour of the State Budget of the Republic of Croatia (hereinafter: State Budget), which shall further be allocated pursuant to Article 27, paragraph 1 of this Act. (2) The hunting rent amount under paragraph 1 of this Article shall be calculated by dividing the highest hunting rent acquired through the tender for the lease of neighbouring hunting grounds by the number of hectares of the hunting ground, and then by multiplying by the number of hectares that the hunting rent is paid for. (3) The hunting rent amount shall be determined by the competent body referred to in Article 16 of this Act. Article 15 (1) The Minister shall establish state hunting grounds by a decision establishing the state hunting ground or game breeding site following the proposal by the Ministry’s expert commission. (2) Until acquiring the right of hunting in the state hunting ground or game breeding site, in accordance with this Act, the Ministry shall entrust execution of the right of hunting and/or execution of game breeding and protection measures in those hunting grounds to the legal or natural persons that use the land owned by the state, to scientific-research and scientific-educational institutions and to legal persons of interest for the Republic of Croatia. (3) The Ministry may enter into a contract with legal persons referred to in paragraph 2 of this Article, entrusted with execution of the right of hunting, through a direct agreement for 30 hunting years, on the basis of which the rights and obligations of the signatories of the contract shall be determined. 10 (4) The Minister shall enter into a contract with a legal or natural person who had acquired the right of hunting based on lease or concession, which shall determine the rights and obligations between the signatories of the contract. (5) The Ministry may entrust execution of the right of hunting in the game breeding sites on the land owned by the Republic of Croatia referred to in Article 10, paragraph 6 of this Act to a property user at a compensation that shall be determined in line with the provisions of Article 22 of this Act. Article 16 (1) Subject to prior approval by the Ministry, the county assembly or the assembly of the City of Zagreb (hereinafter: competent authority) shall establish private hunting grounds and private game breeding sites, including alterations of their boundaries. (2) If the property owner referred to in paragraph 1 of this Article wishes to acquire the right of hunting in a private hunting ground or private game breeding site, he shall submit a written request to establish own hunting ground or game breeding site to the competent authority which has jurisdiction over the property or major part of the property. The request shall be submitted at the latest by 1 February for the next hunting year. (3) The documents proving the right of property ownership and the evidence on fulfilling the conditions referred to in Article 13, paragraphs 1, 2, and 3, Article 23, paragraph 5, items 2, 3, 4 and 5 and paragraphs 6 and 7 of this Act shall be submitted enclosed to the written request referred to in paragraph 2 of this Article. (4) The property owner shall acquire the right to hunting from the day of receipt of the approval of the hunting management plan of the private hunting ground or the game breeding programme in the private game breeding site. Article 17 (1) If the property owner fails to submit a request to establish own hunting ground or game breeding site within the period referred to in Article 16, paragraph 2 of this Act or declines to receive enclaves or half-enclaves under the terms stipulated in Article 13, paragraph 3 and Article 14 of this Act, his property shall be encompassed by the state or common hunting ground. (2) If the private hunting ground or game breeding site is altered by sale, division or in any other manner so that it ceases to form a natural unit, or fails to fulfil conditions provided for in Article 9, paragraph 1, Article 10, or Article 13, paragraph 1 of this Act, the competent authority shall ex officio adjoin its areas to the hunting ground(s) in accordance with the provisions of Article 9, paragraph 1 and Article 11 of this Act. (3) The right to establish a private hunting ground or game breeding site may not be executed by merging two or more properties of different owners. 11 B. Common hunting grounds Article 18 (1) On areas where own hunting grounds have not been established, common hunting grounds shall be established. (2) The competent authority, competent for the areas where the properties are located, shall establish common hunting grounds and shall make alterations to their boundaries, on the basis of the decision establishing the common hunting ground, upon the proposal by the expert commission, and subject to prior approval by the Ministry. The competent authority shall establish an expert commission appointing at least three members with a university degree in forestry, veterinary medicine or agronomy authorised by the Chamber of Engineers of Forestry and Wood Industry entrusted with the hunting activities and two CHU members. (3) If the properties, where the common hunting grounds are to be established, belong to several counties or the City of Zagreb, the competent authority shall establish the hunting ground in the area which comprises the larger part of the hunting ground, upon the proposal by a joint expert commission and subject to prior approval by the Ministry. (4) The established common hunting grounds shall be leased in the manner stipulated by this Act. (5) Owners and concessionaires of the right of the property where the common hunting grounds are established shall be compensated according to the provisions of Article 27, paragraph 1, item 1 of this Act. 3. Areas where hunting grounds may not be established Article 19 In the areas where hunting grounds may not be established, the property owner or a legal or natural person using that area shall protect the game. III CONCESSION Article 20 (1) The concession shall be granted to a legal or natural person with the seat in the territory of the Republic of Croatia for the period of 30 hunting years. (2) The concession shall not be granted to a person who has been sentenced for the criminal offence of illegal hunting or for the breach set out in Article 96 or 99 of this Act as long as the security measure is valid, i.e. until rehabilitation commences by the force of law. 12 (3) If the concession is granted on the protected area where establishing hunting grounds is permitted in line with the special provision on nature protection, the concession shall be granted subject to approval by the central state administration body competent for nature protection. Article 21 (1) The Ministry shall issue the decision on granting the concession through a public tender. (2) By way of derogation from paragraph 1 of this Article, the Ministry may, upon request by the hunting lessee of a state hunting ground, during lease, pursuant to the expert opinion by the commission referred to in paragraph 5 of this Article, grant the concession for a hunting ground for the period until the expiry of the 30th hunting year, including the years of lease, under the same terms, provided that the hunting lessee: - according to the rules and regulations concerning the hunting management plan, has built within the hunting ground hunting-technical and hunting-management facilities that cannot be depreciated during 20 management years, - has reached the stipulated big game number of red deer, brown bear or chamois as planned with respect to age, gender and trophy structure, and has attained significant results in preservation and improving natural game and other wildlife habitats, - in the previous period, has complied with all rules and regulations concerning the hunting management plan, has duly fulfilled contracted obligations and respected laws and subordinate rules and regulations, - in the previous period, has co-operated with other concessionaires in the hunting ground area and inspection, and has not been sentenced, - has successfully carried out game protection measures against poaching and diseases and has co-operated in poaching prevention, - has successfully prevented damage and has removed damage caused by the game in agricultural areas and forests, - has contributed to improving and promoting hunting, hunting ethics and customs. (3) The Ministry shall issue the decision of publishing a concession tender. (4) Together with the bid for granting a concession, the bidder shall enclose the hunting management development programme, including performing associated activities of interest for the Republic of Croatia and evidence of fulfilment of the conditions referred to in Article 20, paragraph 1, Article 23, paragraph 6 and Article 29, paragraph 4 of this Act. 13 (5) The concession tender procedure and the provision of expert opinion on changing the lease into concession shall be carried out by a commission consisting of five members and a secretary appointed by the Government of the Republic of Croatia, based on the proposal of the Minister. (6) The commission referred to in paragraph 5 of this Article shall confer to the Ministry a proposal of a decision regarding the selection of the most advantageous bid for concession based on the assessment of the hunting management development programme, including performing associated activities of interest for the Republic of Croatia and the offered annual compensation for the concession. (7) In the case of changing the lease into a concession, the commission under paragraph 5 of this Article shall propose to the Ministry a decision on changing the lease into a concession on the basis of the assessment of the hunting management development programme, including performing associated activities of interest for the Republic of Croatia and the finding and opinion by the hunting inspection. Article 22 (1) The initial amount of the compensation for the concession through the tender shall be determined in the amount of 50% of the value of game kill in the tenth year of the hunting management plan in force, calculated according to the price list provided by the Minister (hereinafter: price list). (2) In cases where no hunting management plan exists, the initial amount of the compensation for the concession shall be determined in the value of 50% of the value of the annual game kill, planned according to the possible number of game stipulated in the document establishing the hunting ground, calculated according to the price list. Article 23 (1) Pursuant to the decision on granting the concession, the Minister and the best bidder (hereinafter: concessionaire) shall enter into a concession contract for a period until the expiry of the 30th hunting year. (2) The concession contract shall comprise, in particular, the provisions concerning: - location and size of the respective hunting ground, - type and possible number of game being bred in the hunting ground, - manner and conditions of exercising the right of hunting in regard to implementation of the hunting management plan, - duration of the concession, 14 - form, amount, and terms of payment of the concession compensation, - possibilities and reasons for the termination of the contract before the expiry if the concession, - right to and reasons for one-sided termination of the concession contract, - obligation to pay the compensation if the contract is terminated, - admissibility to set up hunting-management and hunting-technical facilities and their ownership status after the expiry of the concession, - compensation for negative game balance, hunting-management and hunting-technical facilities after the expiry of the concession or after one-sided termination of the concession contract. - other obligations laid down by hunting rules and regulations. (3) The hunting management development programme along with the carrying out of associated activities of interest for the Republic of Croatia, the written assessment of the programme and the hunting management plan enclosed to the contract after the issuance of the Ministry’s approval shall form an integral part of the concession contract. (4) The concession contract shall comprise the nature protection measures and conditions that are in the interest of preserving natural habitats and wildlife and protection of biological diversity, pursuant to special rules and regulations. (5) The concessionaire shall be obliged: 1. for duly execution of the concession, to provide financial assets in a double amount of the annual compensation for the concession of the right to hunting (with a bank guarantee or guaranteed bill), 2. to have expert service or an expert for the implementation of the hunting management plan, 3. to have organised rangers service, 4. to have hounds of appropriate breed for the hunting ground under concession registered in the Croatian Kennel Club, that have passed the IPO exam. 5. to have a hound capable for tracking the blood scent or a bloodhound with a certificate, if in the hunting ground to be granted for concession the kill of big game was foreseen. 15 (6) In addition to the conditions referred to in paragraph 5 of this Article, the concessionaire shall submit for inspection a document confirming that he is registered for hunting (hunting and trapping). (7) The concessionaire shall submit the hunting management plan within 90 days following the day of the signing of the concession contract, upon approval by the Ministry. (8) The Minister shall prescribe the procedure for determining the compensation for negative game balance, for the hunting-management and hunting-technical facilities after the expiry of the concession and lease, and the cancellation or one-sided termination of the concession or lease contract. (9) The compensation for concession shall be allocated in accordance with Article 27 of this Act. Article 24 (1) Prior to signing the concession contract, the Ministry shall submit a draft contract together with the decision on concession seeking prior opinion from the State Attorney’s Office of the Republic of Croatia within 15 days following the day of issuing the decision on granting the concession. (2) The State Attorney’s Office of the Republic of Croatia shall confer its opinion within 15 days following the day of the receipt of the draft contract with the decision set out in paragraph 1 of this Article. Failing to do that, its opinion regarding legal validity of the concession contract draft shall be considered as affirmative. (3) The concluded concession contract shall be submitted to the State Attorney’s Office of the Republic of Croatia and the Ministry of Finance for entry into the Concession Register. Article 25 (1) The concessionaire shall pay 50% of the amount of the annual concession compensation until 1 March for the next hunting year, and shall pay the remaining amount by 30 September inclusive of the current year. (2) If the concessionaire fails to act in accordance with paragraph 1 of this Article, the concession contract shall be considered unilaterally cancelled. (3) In a case referred to in paragraph 2 of this Article, a tender shall be published within 45 days following the day of cancellation of the contract. 16 (4) The interest on arrears shall be calculated for all debt payments for the concession following the expiry of deadlines set out in paragraph 1 of this Article, in accordance with the rules and regulations concerning collecting funds for the State Budget. Article 26 (1) The Ministry may, prior to the expiry of the concession, cancel the concession contract with the concessionaire with no cancellation period if: 1. the concessionaire exercises the right of hunting contrary to the concession contract, 2. the concessionaire introduces new species of game in the hunting ground without required approvals, 3. ascertained that due to failures in the implementation of the hunting management plan, the game number has decreased below the minimum number determined by the hunting management plan for the current year, without justified reasons, 4. the concessionaire ceases to fulfil the conditions referred to in Article 23, paragraph 5, items 1, 2 and 3 and paragraph 6 of this Act, 5. the hunting ground area decreases for more than 20%, 6. the concessionaire does not conduct measures and actions laid down by the hunting rules and regulations, 7. the concessionaire manages the hunting ground contrary to the nature protection conditions, 8. the concessionaire manages certain game species contrary to the National Management Plan for that species. (2) In the cases where the concessionaire or the concession provider cancels the contract, and after the expiry of the period agreed in the concession contract, the status of the hunting ground and the implementation of the hunting management plan shall be determined by an expert commission appointed by the Minister. (3) In the case of cancellation of the contract pursuant to paragraph 1, items 1, 2, 3, 4, 6, 7 and 8 of this Article, the concessionaire shall loose his right to funds for orderly execution of the concession set out in Article 23, paragraph 5, item 1 of this Act. Article 27 (1) Concession compensation funds shall be allocated in the following manner: 17 1. 50% of the funds for compensation to property owners without right of hunting, in proportion to areas encompassed by the hunting grounds for which the hunting lease is paid, via the county budgets and the City of Zagreb’s budget where the hunting ground has been established, 2. 30% of the funds to the State Budget, 3. 10 % of the funds to the special account of the Ministry to cover the implementation of the Act, 4. 10% of the funds to the accounts of the counties and the City of Zagreb to cover the implementation of the Act. (2) The funds referred to in paragraph 1, item 1 of this Article which were not requested by property owners without right of hunting, shall be used in the counties and the City of Zagreb for hunting development and improvement. When owners without the right of hunting in the area of the hunting ground request for compensation and prove the right of ownership, the counties and the City of Zagreb shall pay this compensation within 30 days following the day of the submission of the request. (3) The funds referred to in paragraph 1, item 3 of this Article shall be allocated for: - protection and preserving state hunting grounds that are not under the contract, - damage caused by the game in state hunting grounds that are not under the contract, - execution of the tender for state hunting grounds, - promotion and dissemination of information in the field of hunting, - IT development in the function of control and implementation of this Act. (4) The funds referred to in paragraph 1, item 4 of this Article shall be allocated for: - protection and preserving common hunting grounds that are not under the contract, - damage caused by game in common hunting grounds that are not under the contract, - the execution of the tender for common hunting grounds, - promotion and dissemination of information in the field of hunting. (5) The counties and the City of Zagreb shall submit annually a report to the Ministry on the used funds referred to in paragraph 1, items 1 and 4 of this Article. Article 28 18 In the case of bankruptcy or liquidation of a legal person having the hunting ground under concession, a tender shall be announced for this hunting ground immediately after the pronouncement of bankruptcy or liquidation with the game status determined in the hunting management plant for the hunting year concerned. IV LEASE OF HUNTING GROUNDS Article 29 (1) Lease of common hunting grounds may be granted through a tender to a legal or natural person with the seat in the territory of the Republic of Croatia for 10 hunting years. (2) A common hunting ground shall not be granted to a person who has been sentenced for the criminal offence of illegal hunting or for a breach set out in Article 96 or 99 of this Act as long as the security measure is valid, i.e. until rehabilitation sets in by the force of law. (3) The tender referred to in paragraph 1 of this Article shall be managed by the commission of the competent body of the counties and the City of Zagreb that has established the common hunting ground. The commission for managing the tender and its members shall be appointed by the competent authority. (4) The bid security put down by the bidder in the tender shall amount to 50% of the initial hunting rent. The initial price of the hunting rent shall be set out in the amount of 50% of the value of game kill in the tenth year of the hunting management plan, calculated according to the price list. (5) By way of derogation from paragraph 4 of this Article, in the cases when no hunting management plan is made, the initial price of the hunting rent shall be set out in the amount of 50% of the value of game kill, planned according to the game number stipulated in the decision establishing the hunting ground, calculated according to the price list. (6) The commission referred to in paragraph 3 of this Article shall propose to the competent authority a decision on selection of the most advantageous bid for the lease of a hunting ground. The most advantageous bid shall be the one offering the highest hunting rent. (7) The competent authority shall issue a decision on leasing the hunting ground. (8) The competent authority shall stipulate the procedure and the conditions of the public tender, the assessment criteria for bids for leasing common hunting grounds, and the period for the conclusion of the lease contract for the common hunting ground. Article 30 19 (1) The county head or the mayor of the City of Zagreb shall enter into a lease contract with the most advantageous bidder (hereinafter: lessee) for the common hunting ground for 10 hunting years. (2) The provisions of Article 23, paragraphs 2, 3, 4 and 5, items 2, 3, 4 and 5, and paragraphs 6, 7 and 8, and Article 24, paragraph 1 of this Act shall apply appropriately to the lease of common hunting grounds. (3) For duly lease execution, the lessee shall ensure financial funds in the amount of the annual compensation for the lease (with a bank guarantee or guaranteed bill). (4) The contract referred to in paragraph 1 of this Article may be extended, on the basis of the lessee’s request, at the earliest in the year before the last hunting year, and at the latest within 90 days before the expiry of the lease, on a one-time basis, for the same period, provided that the lessee had implemented the measures and activities stipulated by the contract and this Act, subject to prior approval by the Ministry. Article 31 (1) The lessee shall pay 50% of the annual hunting rent amount for the next hunting year by 1 March, and the remaining amount by 30 September inclusive of the current year. (2) The hunting rent payment, the calculation of interest on arrears and the cancellation of the contract shall be conducted in the manner provided for in Article 25, paragraphs 2, 3 and 4 of this Act. (3) Until the lease of a common hunting ground, hunting of game shall be prohibited, and the game breeding and protection measures on those areas shall be conducted by a legal or natural person based on the decision by a competent administrative body of the counties and the City of Zagreb. Article 32 In case of bankruptcy or liquidation of the legal person leasing the hunting ground, the competent authority shall act in accordance with Article 28 and conduct the appropriate procedure referred to in Article 29 of this Act. Article 33 (1) The lessee may cancel in writing the lease contract for the common hunting ground at the latest three months prior to expiry of the hunting year, without stating the reasons. (2) The county head or the mayor of the City of Zagreb shall cancel or terminate the lease contract for the common hunting ground in the cases referred to in Article 26, paragraph 1, items 1, 2, 3, 4, 6, 7 and 8, and paragraphs 2 and 3, and if the lessee does not fulfil the 20 obligations set out in Article 23, paragraph 5, items 2 and 3, and paragraph 6 of this Act, that shall apply appropriately. (3) In the case of cancellation or termination of the contract, the lessee shall loose his right to the funds for duly execution of the lease pursuant to Article 30, paragraph 3 of this Act, except in the case referred to in Article 26, paragraph 1, item 5 of this Act. (4) In cases of cancellation or termination of the lease contract, the common hunting ground shall be leased through a tender. New hunting grounds lease contract shall be agreed for 10 hunting years. Article 34 (1) In the case of cancellation or termination of the hunting ground lease contract, the status of the hunting ground and the implementation of the hunting management plan shall be determined by the expert commission appointed by the county head or the mayor of the City of Zagreb. (2) On the basis of the determined status, in cases referred to in Article 25, paragraph 2 and Article 26 of this Act, the current lessee shall compensate for negative differences in game, hunting technical and hunting management facilities according to the price list and shall have no right to participate in the repeated tender. Article 35 (1) The hunting ground owner may lease his right of hunting in the hunting ground or in a part of the hunting ground, the area of which is not less than the one stipulated in Article 10, paragraphs 2, 3, 4 and 5 of this Act to a legal or natural person fulfilling the conditions referred to in Article 23, paragraph 5, items 2, 3, 4 and 5, paragraph 6 and Article 29, paragraph 2 of this Act. (2) In the case referred to in paragraph 1 of this Article, the hunting ground owner shall notify the competent authority regarding the leasing of the hunting ground concerned. Article 36 Payments made to the State Budget on the basis of hunting rent for common hunting grounds set out in Article 31 paragraphs 1 and 2 of this Act, shall be calculated and allocated in accordance with Article 27, paragraphs 1 and 2 of this Act. Article 37 (1) State hunting grounds may be leased to a legal or natural person with the seat in the Republic of Croatia for 10 hunting years. 21 (2) Hunting grounds may not be leased to a person who has been sentenced for the criminal activity of illegal hunting or for the breach set out in Articles 96 or 99 of this Act as long as the security measure is valid, i.e. until rehabilitation sets in by the force of law. (3) The decision on announcing the public tender for leasing the state hunting ground shall be issued by the Ministry. Article 38 (1) The Ministry shall issue the decision on leasing the state hunting ground. (2) The commission consisting of five members and a secretary appointed by the Government of the Republic of Croatia, upon the proposal by the Minister, shall conduct the public tender procedure for leasing the state hunting ground and propose a decision on selection of the most advantageous bid. (3) The most advantageous bid shall be the one offering the highest hunting rent. (4) If two or more bidders offer the same amount of the hunting rent, the bid by the bidder who has the seat in the area of the local self-government unit where the larger part of the hunting ground is located shall be considered as the most advantageous bid. (5) In cases where there is no hunting management plan, the initial hunting rent price shall be set out in the amount of 50% of the value of game kill, planned according to the possible game number stipulated in the document establishing the hunting ground, calculated according to the price list. Article 39 (1) Pursuant to the decision on the selection of the most advantageous bid, the Minister and the lessee shall, in writing, enter into a lease contract for the state hunting ground. (2) The contract referred to in paragraph 1 of this Article may be extended, pursuant to the lessee’s request, at the earliest in the year before the last hunting year, and at the latest within 90 days before expiry of the contract, on a one-time basis, for the same period, if the lessee implemented the measures and activities stipulated by the contract and this Act. (3) By means of an exemption in cases of investments in hunting-technical and huntingmanagement facilities on the state property and within the state hunting grounds in accordance with the hunting management plan, which the authorised person of the right of hunting cannot depreciate within the period of the contract’s validity, the Ministry may, pursuant to the request of the authorised person of the right of hunting, change the agreed lease into a concession, in the manner described in Article 21, paragraph 2 of this Act. 22 (4) All investments referred to in paragraph 3 of this Article in the state hunting ground shall become the ownership of the Republic of Croatia after the expiry of the concession, or the lease on any grounds. (5) The provisions of Article 23, paragraphs 2, 4 and paragraph 5, items 2, 3, 4 and 5, Articles 24, 25 and 29, paragraphs 2 and 3, Articles 30, 31, 32, 33 and 34 of this Act shall apply appropriately to the lease of state hunting grounds. Article 40 Payments made to the State Budget on the basis of leasing the state hunting grounds shall be allocated in accordance with Article 27, paragraphs 1 and 2 of this Act. V THE HUNTING MANAGEMENT PLAN, THE GAME BREEDING PROGRAMME AND THE GAME PROTECTION PROGRAMME Article 41 (1) The right of hunting in the hunting ground shall be exercised as the right and duties of the hunting management plan implementation or the game breeding programme and the concluded lease contract or concession contract. (2) The right of hunting shall not be exercised without an approved hunting management plan or a game breeding programme and a lease contract or concession contract. Article 42 (1) The hunting management plan shall present a ten-year plan of managing the hunting ground laying down the management for the period from the day of the approval of the hunting management plan to 31 March of the tenth hunting year. (2) The hunting management plan shall be based on the numerical strength of all game species living permanently or seasonally in the hunting ground, and on the number of game that may be bred in the hunting ground, taking into consideration the protected fauna, not distorting the natural relations between species. (3) The numerical strength of game and the population structure being bred or that may be bred in the hunting ground must be achieved within the period determined by the hunting management plan and may not be longer than five years for small game, and not longer than ten years for big game. (4) Planning of game kill must be in accordance with the numerical strength of game, their age and gender in the hunting ground and the protected fauna survival needs. (5) By way of derogation from paragraphs 2 and 3 of this Article, in cases when special national and action management plans are issued as regards the breeding, protection and 23 use of certain game species, the game species concerned shall be managed in accordance with the stipulated plans irrespective of the provision of hunting management plans in force. Article 43 (1) The hunting management plan shall be issued after the signing of the lease contract or concession contract. (2) If forests and forest land owned by the Republic of Croatia are located in the area of the hunting ground, the authorised person of the right of hunting and Hrvatske šume d.o.o. shall, before acquiring the right of hunting, sign an agreement on mutual rights and obligations. The Minister shall prescribe the content of the agreement. (3) The authorised person of the right of hunting in common and state hunting grounds shall issue a hunting management plan, with the approval of the Ministry, within 90 days following the day of signing the concession contract or the lease contract. (4) In the case of extension of the contract/agreement, the hunting ground shall be managed in the next year, until the approval of the hunting management plan, in the same manner as was managed in the last year of the validity of the hunting management plan. Management in that year shall be considered as the first year of execution of the hunting management plan for the next period. Article 44 (1) The game in the game breeding site shall be bred in accordance with the game breeding programme. (2) The provisions of Articles 42 and 43 of this Act shall apply appropriately to the programmes referred to in paragraph 1 of this Article. Article 45 (1) The game on areas outside the hunting ground and on areas referred to in Article 9, paragraph 2, items 2, 3 and 5 of this Act shall be protected and hunted in accordance with a game protection programme. (2) Subject to approval by the Ministry, a legal or natural person using or managing the property where the hunting ground may not be set up shall adopt the programme referred to in paragraph 1 of this Article. (3) A legal or natural person implementing the game protection programme shall perform tasks of sanitary and reduction kill in the areas referred to in paragraph 1 of this Article, and if it is not registered for hunting, it shall entrust these tasks (hunting and trapping) to a registered legal or natural person. 24 (4) The legal or natural person referred to in paragraph 2 of this Article shall adopt a game protection programme within a year following the day of entry into force of this Act, or from the day of establishing changes on the areas referred to in Article 9, paragraph 2, items 2, 3 and 5 of this Act. Article 46 (1) The hunting management plan, the game breeding programme and the game protection programme must be in accordance with the plans of management of economic units and forest management programmes, the conditions and the manner for exploiting agricultural land, water management plans, physical planning documents, special rules and regulations in the field of physical planning and environment protection, signed international treaties in the field of hunting, nature protection and natural game habitats protection, and the provisions of nature protection rules and regulations. (2) The authorised person of the right of hunting and legal and natural persons protecting the game on areas outside the hunting grounds shall be obliged to implement the hunting management plan, the game breeding programme and the game protection programme. (3) Subject to prior opinion by the minister competent for nature protection, the Minister shall prescribe the content, the drafting and adoption procedure, the approval of the hunting management plan, the game breeding programme and the game protection programme. Article 47 Drafting the hunting management plan, the game breeding programme or the game protection programme and their revisions can be entrusted to a legal person registered for that activity that has employed a person holding a university degree in forestry, agronomy or veterinary medicine who has passed hunting course or to a natural person possessing the abovementioned professional qualifications who has passed the professional exam and is registered for hunting activities. Article 48 (1) The revision of the hunting management plan, the game breeding programme and the game protection programme shall be conducted in cases when conditions and circumstances on which the hunting management plan, the game breeding programme or the game protection programme are based have permanently or substantially changed. (2) The revision of the hunting management plan, the game breeding programme and the game protection programme shall be conducted in accordance with the procedure stipulated for their adoption. (3) The person who caused changes in the conditions that form the basis of the hunting management plan shall cover the costs of the revision of the hunting management plan. 25 VI PROTECTION AND BREEDING OF GAME Article 49 (1) Protection and breeding of game shall comprise all measures and actions stipulated by the hunting management plan, the game breeding programme or the game protection programme including the protection of other animal species and their habitats. (2) It shall be prohibited to breed game in a number that distorts natural relations between habitat and game, except in game breeding sites and bounded hunting grounds. Article 50 (1) New species of game may be introduced to the hunting grounds or to areas outside the hunting grounds only based on the approval by the Ministry, the issuance of which is subject to prior approval by the central state administration body competent for nature protection. (2) The introduction of game species referred to in paragraph 1 of this Article shall not cause damage to natural habitats or to indigenous flora and fauna. Article 51 The breeding and protection of game shall comprise: 1. close season for certain game species, 2. temporary prohibition of hunting, 3. implementing activities ensuring survival and reproduction of game living permanently or seasonally in the hunting grounds, and measures for protection and improvement of the habitat, 4. maintaining determined number, gender ratio and economic age of the game population for breeding, 5. securing conditions for reproduction and taking care of offspring, 6. introducing and preserving game for achieving the numerical strength determined by the hunting management plan and the breeding programme, 7. securing implementation of preventive, diagnostic, curative and hygienic-health measures in the hunting grounds and other facilities where the game is bred or dwells for veterinary health protection of the game, 26 8. decreasing to a tolerable number the game number that causes damage to crops, forests, fish ponds, other waters and other assets and removing wandering dogs and cats, 9. rescuing game from natural hazards, 10. implementing measures for securing substantial quantities of quality food and drinking water, 11. raising and maintenance of hunting-technical and hunting-management facilities, 12. undertaking preventive measures (dislodging of game) when agricultural and other works are to take place and the use of protective devices on agricultural machinery, 13. appropriate use of pesticides or other chemical agents and undertaking preventive measures during their use or when burning stubbles, corn fields, sedges and similar, 14. using certain hound breeds holding the certificate of inbreeding characteristics, 15. protecting the hunting ground, 16. preventing illegal hunting. Article 52 (1) It shall be prohibited to hunt or disturb hairy female game in high gravidity or with young offspring, feathery game nesting and feeding the offspring and game during hibernation; to destruct and seize the offspring, to destruct and damage the litter, nests and eggs of the game. (2) By way of derogation from paragraph 1 of this Article, the authorised person of the right of hunting may allow, for the scientific and educational purposes, for the hunting training of birds of prey, for zoos, museums and falcon or kennel public shows, subject to prior approval by the Ministry, within the limitation of the respective purposes, the hunting of game and its youth in periods when hunting is prohibited, damaging the litter and nests and collecting eggs. Article 53 Damaging and destroying hunting-management and hunting-technical facilities, and hunting-ground boundary marks shall be prohibited. Article 54 (1) It shall be prohibited to move within the hunting ground with weapons without the approval by the authorised person of the right of hunting. 27 (2) Moving on state, county, local and unclassified roads within the hunting ground shall be admissible only with empty weapons placed in a jacket-case or protective box. (3) The provisions of paragraphs 1 and 2 of this Article shall not apply to officials when carrying out their service. Article 55 (1) Sheppard dogs may only be in the hunting ground nearby their flock. (2) The owners shall not allow their cats and dogs, and the shepherds their shepherd dogs, to move within the hunting ground unsupervised at a 300 m distance from the owner’s accommodation or from the flock. (3) The authorised person of the right of hunting shall be entitled to remove dogs and cats that are moving within the hunting ground contrary to the provisions of paragraph 2 of this Article, without paying compensation to the dog or cat owner. (4) Dogs which during an organised hunt, exam or a dog race cross into another hunting ground when chasing game may not be removed. Article 56 (1) Plant protection products (biological, chemical and technical) may be used only in a manner that does not harm the game health and does not endanger and pollute the environment. (2) Legal or natural person intending to burn stubbles, corn fields, sedges or similar, shall notify the authorised person of the right of hunting at least 48 hours prior to beginning of burning for the purpose of undertaking preventive game and/or environment protection measures. (3) Agricultural machinery used on areas where game is being bred and preserved must be equipped with operating game alarming devices. (4) Legal or natural person that uses plant protection products inappropriately, burns stubbles, corn fields, sedges or uses machinery contrary to the provisions of paragraphs 1, 2, or 3 of this Article, shall compensate for the damage caused to the game when using he mentioned products and machinery or by burning. Article 57 (1) The authorised person of the right of hunting shall organise a ranger service and an expert service to implement the hunting management plan, or shall have an expert person to implement the hunting management plan. 28 (2) Expert services for the implementation of the hunting management plan can be provided by a person with vocational or higher education qualifications and an appropriate hunting course. (3) Ranger services shall be performed by a ranger. (4) Ranger work may be performed a person qualified to perform ranger service and satisfying the conditions for carrying weapons. (5) The qualification programme for ranger service is rendered by the CHU and other legal persons authorised by the Ministry. Article 58 (1) A ranger carrying out his service shall be authorised to: 1. determine the identity of any person who hunts the game or moves within the hunting ground with tools suitable for game hunting, 2. temporary seize the tools used or intended for hunting and game caught and its parts if hunting and moving was performed contrary to the provisions of this Act, 3. prevent destruction and seizing of game and its offspring, destruction and damage of their litter, nests and eggs, 4. prevent illegal game hunting, hunting with prohibited tools and use of dogs not authorised for hunting, 5. monitor keeping and relocating of game and its parts in the hunting ground. (2) The ranger in performing his service shall: 1. immediately notify the authorised person of the right of hunting and the veterinary service of an outbreak of disease, death of game and other animal species, and about immediate danger from natural hazards (flooding, snow drifts, glazed frost, fire and other), 2. collect notifications and data as regards the hunting conducted contrary to the provisions of this Act and shall notify thereof the authorised person of the right of hunting, hunting inspection and police authorities, 3. notify the inspection competent for nature protection and police authorities on illegal kill and protected species losses. (3) The Minister shall issue a provision on hunting management plant implementation, ranger service, identification form and rangers’ badges, the procedure for their issuance 29 and withdrawal, rangers’ obligations and rights and the protocol on the use of firearms when carrying out ranger duties. VII HUNTING AND USE OF GAME AND ITS PARTS Article 59 (1) Game hunting includes searching, stocking, watching aimed to hunt, luring, following, kill and capture of live game, releasing of birds of prey, collection of dead game and its parts (horns, hides and other) and collection of feathery game eggs. (2) In line with the provisions of this Act, respecting the hunting ethics and customs, game hunting in the hunting ground shall be conducted according to the hunting management plan or the game breeding programme and, as regards areas outside the hunting ground, according to game protection programme and the purpose of those areas. (3) By way of derogation from paragraph 2 of this Article, the brown bear hunt shall be conducted pursuant to the Brown Bear Action Management Plan in the Republic of Croatia for individual year, adopted and implemented by the Ministry based on the proposal by the National Committee entrusted with the drafting of the Brown Bear Action Management Plan in the Republic of Croatia and the big beasts population monitoring. (4) Game hunting shall be prohibited during close season, except in cases determined by this Act. (5) Subject to prior opinion by the central state administration body competent for nature protection, the Minister shall stipulate close seasons with respect to game species, depending on their characteristics and habituating conditions. Article 60 The game raised in the game breeding sites may be hunted during the entire year only for the purposes of reproduction and populating the hunting ground, and may be killed in accordance with the provision set out in Article 59, paragraph 5 of this Act. Article 61 (1) Wounded and sick game that cannot be treated by providing veterinary aid may be killed also during a close season, and during the period of temporary game hunting prohibition. (2) The concessionaire shall immediately report to the hunting inspector the kill, within the meaning of paragraph 1 of this Article, enclosing the certification by the competent veterinary service confirming that the killed game was wounded or sick. 30 Article 62 The Ministry shall be authorised to: 1. shorten the close season, if needed, in order to decrease the numerical strength of a certain game species that endangers agricultural, forest and aquatic cultures, and if execution of planned game kill was not possible due to weather conditions, 2. allow hunting during close season if so demanded by the scientific and educational purposes, zoo needs, falcon or kennel public shows and museum purposes and for the protection of health of people, livestock and game. 3. prohibit hunting of a certain game species with the purpose to protect the health of people, livestock and game, to protect its numerical strength, in the case of chemical, biological and radiological pollution and in order to remove the consequences and devastation caused by war, 4. for hunting grounds not under lease, to authorise CHU, i.e. the county hunting union or other legal or natural person qualified for hunting, to execute sanitary kill, reduction kill or overhunting of the game from areas where it endangers the safety of people and assets or where, pursuant to other rules and regulations, the game is not allowed to dwell (islands, airports and similar). The amount and disposal of killed game and its parts shall be stipulated by a decision for hunting. Article 63 The county administrative body or the administrative body of the City of Zagreb competent for the field of hunting shall be authorised in the hunting ground to: 1. extend the close season or prohibit hunting of certain game species for a designated period proved necessary to protect its numerical strength, 2. prohibit game hunting on agricultural areas, planted or sowed with agricultural crops in the period when hunting could harm those crops. Article 64 (1) It shall be prohibited to hunt game: 1. by methods and means that massively destruct the game, 2. in the 300 m zone from the settlement in lowland and upper land, and in the 200 m zone in hilly and mountainous areas, 3. when endangered by flood, snow drifts, glazed frost, high temperatures, fire or in other similar way, except for the purpose of salvation, 31 4. with traps, pits, deadfalls, meshes, with live and artificial bates or lures, by using hunting assisting devices (tape recorders, record players, head lamps and similar sound and/or illumination devices, mirrors and other dazzling devices), sticky tools or food with a tranquiliser or poison, except for the purposes pursuant to Article 52, paragraph 2 of this Act and item 3 of this paragraph, but not using poisons, 5. with optical sights for night hunting with the possibility to electronically increase or convert images, with electric or electronic lethal or tranquilising devices, explosives, expelling by gas or smoke, 6. by trampling and hunting the game by motor vehicles or engine powered boats and by aircraft of any type, 7. with greyhounds and other non-hunting dogs and hunting dogs without a certificate of inbreeding characteristics, 8. by using beasts, 9. with crossbows and similar devices, unless otherwise regulated by a special provision, 10. with air weapons and all cold weapon types, 11. with luring by food, water or other means, except of wild boars, bears, foxes, golden jackals, martens, ferrets and Egyptian mongoose on carcass dumps. (2) In individual hunting of deer, fallow deer, roe, fox and Eurasian jay, the use of deer call, lure and spout as hunting assisting devices shall be permitted. (3) It shall be permitted to hunt foxes, ferrets, Egyptian mongooses, big dormouses and martens by traps and pitfalls for that purpose in accordance to the hunting management plan. (4) Persons with a falconing and hunting certificates shall be permitted to hunt with farmed birds of prey, entered into the register managed by the Croatian Falconry Association, pursuant to the approval by the central state administration body competent for nature protection and the concessionaire. (5) The falconing exam shall be taken before the commission appointed by the Minister. (6) The programme of the falconing exam and the provision on the hunting method with birds of prey shall be issued by the Minister. Article 65 The authorised person of the right of hunting or his authorised person, for the purpose of artificial game reproduction, settlement to other hunting grounds, sale, or administration 32 of medicines and vaccines, may lure game by food and water, catch them by mesh, traps and using tranquilisers provided the game remain alive. Article 66 (1) The game may be killed only by hunting weapons and hunting charges appropriate to the strength and resistance of the respective game species being hunted. (2) Hunting weapons shall mean hunting rifles, pistols and revolvers. (3) Killing of big game is admissible only by bullets from long hunting weapons with notched barrels, and of wild boars also with bullets from hunting weapons with smooth/straight barrels of calibre 10, 12, 16 or 20. (4) It shall be prohibited to kill game by automatic weapons, semi-automatic weapons with smooth/straight or notched barrels if the charger is designed to contain more than two charges. (5) Approval to purchase a weapon can be issued for hunting weapons on the basis of presentation of the proof of hunter certificate and the hunter card. (6) It shall be prohibited to hunt big game, except wild boars, by chasing, driving or with dogs. (7) Advertising hunting weapons sale and procurement in mass media shall be permitted. (8) The Minister shall stipulate the use of hunting weapons and chargers. Article 67 (1) The hounds which comply with the conditions set out in Article 23, paragraph 5, items 4 and 5 of this Act may be used for hunting purposes. (2) For hunting of a certain game species in determined areas only appropriate breeds of dogs may be used. (3) The Minister shall stipulate the breed, number and method of using hounds for hunting of certain game species in determined areas, and the issuance of certificates of inbreeding characteristics and hounds’ blood scent tracking abilities pursuant to paragraph 1 of this Article. Article 68 (1) Game may be hunted by a person who passed the hunting exam and is in possession of the hunter card, with a prior written approval by the authorised person of the right of hunting. 33 (2) The CHU shall issue hunter cards. (3) Legal and natural persons exercising hunting tourism shall inform an individual hunter or a group leader about the obligations and the prohibitions set out in Articles 67 and 69 of this Act. (4) Foreign citizens may hunt in the Republic of Croatia if they fulfil conditions referred to in paragraph 1 of this Article and, when entering the Republic of Croatia, they shall be in possession of a written invitation by the authorised person of the right of hunting. (5) The Minister shall stipulate conditions and hunting methods, hunting weapons possession, hunter card form, hunter card issuance procedure, hunting approvals and records on the carried out hunt. Article 69 (1) Game hunting and the installing of hunting-management facilities in the 300 m zone bordering specially protected nature areas referred to in Article 9, paragraph 2, item 1 of this Act and paths serving for the game migration across and under the highways shall be prohibited. (2) By way of derogation from paragraph 1 of this Article, game hunting along the hunting ground border shall be permitted in cases when this border is a river or other water surface. (3) Game hunting in properties situated in the state border areas shall be regulated by a special regulation to be issued by the Minister. Article 70 (1) Game trophies, subject to assessment in line with the provision adopted by the Minister, must be evaluated. (2) The authorised person of the right of hunting shall keep the records of trophies. (3) The game trophies referred to in paragraph 1 of this Article shall be evaluated by the commission comprised of authorised evaluators with a trophy evaluator certificate. (4) The commission of the authorised person of the right of hunting shall evaluate game trophies acquired in the state hunting ground. (5) Game trophies acquired in other hunting grounds shall be evaluated by the commission comprised of authorised evaluators with a trophy evaluator certificate, appointed by the competent administrative body whose competent authority had established the hunting ground. 34 (6) The Permanent National Commission for Trophy Evaluation and CIC Exhibitions, within the CHU, shall endorse top game trophies and deal with complaints as regards the commission’s trophy mark referred to in paragraphs 4 and 5 of this Article. (7) The Commission shall report on evaluated trophies pursuant to paragraphs 4 and 5 of this Article to the CHU that keeps records on evaluated game trophies. The reports shall be submitted by 31 May of the respective year for trophies acquired in the previous hunting year. (8) The CHU shall organise trophy exhibitions, and determine the content, the range and the type of trophies for display on national and international exhibitions. (9) Game trophies may be brought out of the hunting ground or the Republic of Croatia with a stipulated trophy certificate issued by the commission pursuant to paragraphs 4 and 5 of this Article. The game trophies belonging to the group which is five points lower than the national champion’s group may be brought out of the Republic of Croatia if they have been evaluated by the Permanent National Commission for Trophy Evaluation and CIC Exhibitions. (10) The Minister shall issue a regulation determining the evaluation process, keeping records on game trophies, the trophy certificate form and reports on evaluated trophies. Article 71 (1) It shall be prohibited to permanently take a top trophy out of the country. (2) The Republic of Croatia shall buy off top trophies to be treasured in the CHU museum. Article 72 (1) Hunting exam, ranger exam and trophy evaluator exam shall be organised by the CHU and other legal persons, authorised for the mentioned exams by the Ministry. (2) The CHU shall issue verification on the completed hunting exam to persons who have completed, during their high school or university education, an appropriate hunting course. (3) A hunting exam referred to in paragraph 1 of this Article may be taken by a person who attained the age of 18 years, and verifications on the completed hunting exams shall be issued in accordance with the paragraph 2 of this Article to persons who attained the age of 18 years. (4) The Minister shall stipulate the qualification programme for hunters, rangers and trophy evaluators, the procedures for hunting exam, trophy evaluator exam, ranger’s exam, the verification issuance procedure, the verification form, the form, content and 35 procedure for keeping the register of issued verifications on attained qualification of a hunter, ranger and trophy evaluator. Article 73 (1) Caught, wounded or dead game and its parts shall belong to the authorised person of the right of hunting, if he breeds that game species in the hunting ground pursuant to the hunting management plan, and on areas outside the hunting ground the mentioned game shall belong to the person who conducts game protection in the said areas. (2) The game and its parts pursuant to paragraph 1 of this Article shall belong to the authorised person of the right of hunting even if he does not breed such game, until another authorised person of the right of hunting proves his right to the respective game or its parts. (3) The person who has found a dead, wounded or sick game, or abandoned wounded and sick offspring, shall inform immediately, without transferring the game, the authorised person of the right of hunting which shall call for an authorised veterinarian. The authorised veterinarian shall determine by means of a protocol the cause of death, i.e. the health condition of wounded or sick game. Any movement (transfer or transport) of the game or its parts without a protocol or the certificate of the origin of the game shall be considered as illegal hunting. (4) After medical examination of the wounded or sick game referred to in paragraph 3 of this Article, the authorised person of the right of hunting shall provide care and ensure appropriate veterinary treatment to the game concerned, i.e. he shall determine a legal or natural person to provide the said care and treatment and, regarding the dead game, he shall bury it properly in the manner that this game or its parts cannot be reached by other animals. Article 74 (1) The game and its parts may be kept, transported or transferred out of the hunting grounds or the areas referred to in Article 9, paragraph 2 of this Act for the purpose of veterinary-health examination only with a certificate of origin of game and its parts, and after examination it can be stored, sold and purchased, processed, exported and imported with the labels and certificates laid down by the Veterinary Act, and with the certificate of origin of game and its parts. (2) The certificate of origin of game and its parts referred to in paragraph 1 of this Article shall be issued by the authorised person of the right of hunting, or the legal or natural person using areas outside the hunting ground (the areas referred to in Article 9, paragraph 2). (3) Killed and otherwise obtained big game may be kept or placed on the market only if marked with appropriate label. 36 (4) The provisions of this Act and special rules and regulations shall apply to import and export of game and its parts. (5) Legal and natural persons dealing with the placing of game and/or its parts on the market shall keep records on the owner and the origin of the game and its parts and deliver it to the Ministry until the tenth day of the month for the previous month. (6) The Minister shall stipulate the form of the certificate of origin of the game and its parts, the procedure for marking big game set out in paragraph 3 of this Article, the issuance and clearance procedure for labels marking big game and the record forms set out in paragraph 5 of this Article. VIII PREVENTION AND COMPENSATION OF DAMAGE 1. Damage by wild game Article 75 (1) Measures preventing damage by game shall be: decrease of game number up to a numerical strength which can be bred in the hunting ground, provision of sufficient water and food supplies for the game in the hunting ground, preservation of crops and plantations, expelling game from endangered property, fencing the property, use of mechanical, electrical and chemical protection means, visible and sound boggles, electronic game detectors including other usual protection measures significant for a designated area and game species. (2) The competent authority shall establish the usual measures referred to in paragraph 1 of this Article for the county and the City of Zagreb. Article 76 (1) The measures for prevention of damage by game shall be stipulated by the decision on the hunting ground establishment, and the authorised person of the right of hunting shall apply them, particularly by: 1. issuing an annual plan for undertaking certain measures to prevent damage (seasonally, by the game species and the type of damage by game, crops, etc.), 2. procuring protective means for the implementation of the annual plan referred to in item 1 of this paragraph (mechanical or chemical repellents), 3. allocating in a timely manner and free of charge appropriate protective means to property users, upon their request, with prior public notification and with instructions for their use. 37 (2) The provision of paragraph 1, item 3 of this Article shall not apply to the fencing of orchards, crops, plantations and similar areas of the property users, for prevention of damage by game. (3) In order to exercise the right referred to in paragraph 1 of this Article, the property user shall present to the authorised person of the right of hunting the title deed, or the property lease contract, and make possible determining the position of the property upon request by the authorised person of the right of hunting. Article 77 (1) The authorised person of the right of hunting shall undertake specific measures to prevent damage that game may cause to people or assets on properties encompassed by the hunting ground. (2) The property users shall undertake the stipulated measures to prevent damage by game. Article 78 The authorised person of the right of hunting shall, at his own expense, protect directly endangered crops and plantations with appropriate mechanical or chemical means in the game breeding site and bounded hunting grounds. Article 79 The property users shall have a right and obligation to: 1. undertake measures with appropriate means in order to prevent damage by game in their greeneries, orchards and on crops, and to co-operate in undertaking measures to prevent damage by game on own land with means granted by the authorised person of the right of hunting according to his instructions, 2. notify without delay the authorised person of the right of hunting about circumstances which may affect undertaking measures to prevent damage which game could cause on their property, and to notify the initiated damage, 3. ensure the possibility for the authorised person of the right of hunting to undertake measures to prevent damage by game on their property, and 4. remove agricultural crops at the latest one month after the time of agro-technical harvesting or gathering period. Article 80 38 Property users shall have a right to request the competent administration body to undertake measures to prevent damage by game, if they consider that the authorised person of the right of hunting does not act within the meaning of provisions of Article 75, 76, and Article 77, paragraph 1 of this Act. Article 81 The Ministry may issue an order forbidding hunting or decreasing the numerical strength of a certain game species which endangers the health of people, livestock, other game or causes other damage, and, upon request of the property user, issue a decision to reduce the numerical strength of a certain game species causing severe damage if the measures laid down in Articles 75, 76, and 77 failed to be successful or they would not be economically justified. Article 82 (1) With the purpose to protect the health of people and animals, the counties and the City of Zagreb, the authorised person of the right of hunting, legal and natural persons pursuing agricultural and forestry activities shall organise, or participate in, decreasing the number of game on endangered areas up to a tolerable number. (2) In the hunting ground and in areas outside the hunting ground where an outbreak of an infectious disease has been proclaimed or if it may be expected, the authorised person of the right of hunting or the person protecting the game shall ensure implementation of measures in accordance with animal health protection rules and regulations, and notify the competent veterinary services as long as such infection or the risk of its spreading exists. Article 83 (1) For the damage caused by game in the hunting ground, the authorised person of the right of hunting of the hunting ground where this game dwells shall be held responsible, providing that the injured party has undertaken stipulated measures to prevent damage by game, which, within the meaning of this Act, he had to undertake. (2) It shall be considered that game dwells permanently in the hunting ground where the damage was caused, unless proven otherwise by the authorised person of the right of hunting in that hunting ground. (3) For the damage caused by game which does not dwell permanently in the hunting ground, the authorised person of the right of hunting of the hunting ground where the damage was caused shall be held responsible, but he shall have a right to kill that game. The right to kill shall be established on the basis of evidence proving that the injured party received compensation for the caused damage and the approval by the competent administrative body, subject to consent by the Ministry, or the approval by the Ministry when the damage was caused in the state hunting ground. 39 (4) The killing of game referred to in paragraph 3 of this Article shall be approved to the amount of compensated damage, by calculating the value of meat and trophies according to the price list. (5) Damage on livestock caused by bears in areas where livestock access and pasture is prohibited by a special provision shall not be compensated. Article 84 If the damage caused by game on the same agricultural crop reoccurs, the value of individual damage may not be greater than the expected crop yield value. Article 85 The competent regular local court for the area where the hunting ground has been established shall be competent for disputes on compensation of damage caused by game. 2. Damage to game Article 86 (1) A person who causes damage to game in the hunting ground by illegal hunting or otherwise shall compensate the damage to the authorised person of the right of hunting and, for the damage outside of the hunting ground, to the person referred to in Article 19 of this Act. (2) The injured person referred to in paragraph 1 of this Article shall obtain the compensation for damage caused to game in a proceeding before the regular court competent with respect to the place where the damage occurred if, within one month following the day of occurrence of the damage, the parties do not reach an agreement and the compensation is not paid in the given period. (3) The driver shall be held responsible for damage caused to game if he did not adjust the driving speed to road conditions, or so that he could have timely acted in accordance with the traffic rules or signs and, in the contrary case, the authorised person of the right of hunting of the hunting ground where damage was caused shall be held responsible. (4) The Ministry shall issue the compensatory price list for damage to game including measures and criteria for compensating damage to game and hunting grounds. IX SUPERVISION Article 87 The Ministry shall supervise the implementation of this Act and rules and regulations adopted pursuant to it. 40 Article 88 (1) Inspection of the implementation of this Act and rules and regulations adopted pursuant to it shall be conducted by the hunting inspection of the Ministry of Agriculture, Forestry and Water Management (hereinafter: hunting inspection). (2) Inspection activities in the first instance shall be carried out by hunting inspectors in the regional units of the Ministry (hereinafter: hunting inspectors) and, in the second instance, by the state hunting inspectors of the Ministry (hereinafter: state hunting inspectors). (3) Inspection in the first instance may also be performed by the forest inspector pursuant to a special decision by the Minister. (4) Inspection of the implementation of the provisions of this Act and rules and regulations adopted pursuant to it, as regards selling and purchasing game and its parts, shall be performed by the inspectors of the State Inspectorate, in conformity with this Act and special rules and regulations. Article 89 The number and the seat of regional unit branches including the approximate number of inspectors and employees shall be regulated by a regulation of the Government of the Republic of Croatia and by the Ordinance on the internal organisation of the Ministry. Article 90 (1) Activities of the hunting inspector shall be carried out by a person holding a university degree in forestry, agronomy or veterinary medicine, who passed a hunting course, and completed the professional competence exam for hunting inspector and has at least five years working professional experience. (2) Activities of the state hunting inspector shall be carried out by a person holding a university degree in forestry, agronomy or veterinary medicine, who passed the hunting course and completed the professional competence exam for hunting inspector and has at least ten years of professional experience. (3) The programme of the special part of the professional competence exam referred to in paragraphs 1 and 2 of this Article shall be stipulated by the Minister. Article 91 (1) The hunting inspector and the state hunting inspector shall hold official identification documents and badges proving their official capacity, identity and powers. 41 (2) The Minister shall stipulate the form of the document and the badge referred to in paragraph 1 of this Article and the procedure for their issuance. Article 92 Legal and natural persons, the work of which is subject to the supervision by the hunting inspector, shall allow the conduct of the inspection and shall make available necessary data and information. Article 93 The hunting inspector from the regional branch unit of the Ministry shall perform the following tasks: 1. carry out direct inspection of hunting management plans, game breeding programmes, game protection programmes, the concessionaires’ general and individual documents, stipulated records and documents relating to game and its parts, 2. carry out direct examination of the hunting ground, hunting-management and huntingtechnical facilities and the manner of marking the hunting ground boundaries, and the land properties outside the hunting ground where the game dwells, 3. supervise the implementation of special national management plans and action management plans for certain game species referred to in Article 42, paragraph 5 of this Act, 4. supervise whether the authorised person of the right of hunting fulfils the conditions provided by this Act, 5. supervise implementation of hunting management plan, game breeding programme and game protection programme, 6. supervise whether the game kill and acquisition of game and its parts, and evaluation of game trophies is conducted in accordance with the provisions of this Act, including documents regarding kill, acquisition of game and its parts and evaluated trophies, 7. supervise how the hunting is carried out, whether hunting rifles and charges, hunting hounds and hunting birds are used in accordance with the provisions of this Act and rules and regulations adopted pursuant to it, 8. supervise implementation of measures protecting crops from game, 9. temporarily seize, in line with special rules and regulations, illegally captured game and taken dead game or its parts, objects used to carry out illegal actions, and game and its parts from the immediate holder, if he fails to provide evidence that they have been acquired in the manner laid down by this Act, 42 10. order temporary prohibition of game hunting and other actions if they are not in accordance with the provisions of this Act and rules and regulations adopted pursuant to it. 11. order temporary measures to prevent damage to game and in the hunting ground, 12. notify the competent authorities about observed irregularities requiring their action, if not authorised himself/herself to take direct action, 13. undertake other measures and actions for which he is authorised pursuant to special rules and regulations. Article 94 The state hunting inspector shall perform the following tasks: 1. supervise the implementation of the special programme in the hunting grounds referred to in Article 12, paragraph 1 of this Act, 2. supervise the implementation of ratified international treaties and conventions in the field of hunting, 3. where necessary, implement the first instance supervisions ex officio and with authorities of the hunting inspector referred to in Article 93 of this Act and controlinstructive supervision, 4. perform the first instance supervision based on authorisation by the supervisor. Article 95 (1) If during inspection the hunting inspector determines a violation of this Act or a regulation adopted pursuant to it, he shall order by means of a decision the removal of determined irregularities and shortcomings within a stipulated timeframe. (2) The hunting inspector shall without delay issue the decision referred to in paragraph 1 of this Article, at the latest within seven days following the completion of supervision. (3) The hunting inspector shall issue a verbal decision and immediately order its execution in cases when he has determined that a legal or natural person performed activities contrary to the executive protective measure prohibiting performance of activities, adopted within the administrative or misdemeanour procedure. (4) An appeal against the decision by the hunting inspector can be submitted to the Ministry within 15 days following the receipt of decision. 43 (5) The appeal against the decision by the hunting inspector shall be dealt with by a special commission of the Ministry appointed by the Minister. (6) The appeal against the decision referred to in paragraph 4 of this Act shall not withhold the execution of the decision. (7) In the case where the hunting inspector determines that by a violation of the provision a misdemeanour or a criminal office has been committed, together with drafting the report or the decision, for the issuance of which he is authorised, the hunting inspector shall without delay, and at the latest within 15 days following the day of drafting the report or issuing the decision, file a request initiating a misdemeanour procedure or file a criminal report. (8) No appeal shall be permitted against the decision by the state hunting inspector, however, an administrative dispute may be initiated. X PENAL PROVISIONS Article 96 (1) A fine in an amount ranging from HRK 50,000.00 to 100,000.00 shall be imposed on the legal person: 1. for giving in sub-concession, leasing or sub-leasing the right of hunting in the hunting ground or a part of the hunting ground contrary to the provision of Article 6, paragraph 2 and Article 20, paragraph 2 of this Act, 2. for executing the right of hunting without an approved hunting management plan or game breeding programme and a lease contract or concession (Article 41, paragraph 2), 3. for managing game contrary to the provisions of the national management plan and action management plan for certain game species (Article 42, paragraph 5), 4. for failing to prepare the hunting management plan or game breeding programme within the stipulated period (Article 43, paragraph 3, and Article 44, paragraph 2), 5. for not implementing the hunting management plan, game breeding programme or game protection programme (Article 46, paragraph 2), 6. for entrusting the drafting of the hunting management plan, game breeding programme or game protection programme and their revision to a legal or natural person not complying with the stipulated conditions (Article 47), 7. for failing to conduct the revision of the hunting management plan and game protection programme in accordance with the Act if the revision concerned is needed (Article 48, paragraph 1), 44 8. for breeding the game of a numerical strength that distorts natural relations between the habitat and the game (Article 49, paragraph 2), 9. for failing to organise an expert or ranger service, or to employ an expert person or a ranger (Article 57, paragraphs 1 and 3), 10. for hunting game in the hunting ground contrary to the hunting management plan or game breeding programme, or in areas outside the hunting ground contrary to the game protection programme, or huntinh during a close season (Article 59, paragraphs 2 and 4), 11. for hunting game by prohibited methods and means (Article 64, paragraph 1), 12. for hunting and placing hunting-management facilities in the zone of 300 m from the boundary with specially protected nature parts and paths serving for game migration or underneath the highways (Article 69, paragraph 1), 13. for failing to protect at own expense directly endangered crops and plantations with appropriate mechanical or chemical means (Article 78), 14 for disregarding the order or decision prohibiting the hunting or decreasing the numerical strength of certain game species which endanger the health of people, livestock, other game or cause other damage (Article 81), (2) For the offence set out in paragraph 1 of this Article, the person responsible within the legal person shall also be punished with a fine from HRK 10,000.00 to 15,000.00. Article 97 (1) A fine in an amount ranging from HRK 30,000.00 to 70,000.00 shall be imposed on the legal person: 1. for introducing a new game species into the hunting ground without approval by the Ministry (Article 50, paragraph 1), 2. for hunting or disturbing hairy female game in high gravidity or with young offspring, or feathery game nesting and feeding the offspring and game during hibernation; or destroying or allowing destruction and seizing of the offspring, destroying or damaging the litter, nests or eggs of the game, or hunting or allowing hunting of the game and their offspring without a prior approval by the Ministry (Article 52), 3. for luring or capturing live game, except for the purposes stipulated by the provision of Article 65, 4. for hunting game with hunting weapons or hunting chargers inappropriate to the strength or resistance of a certain game species or with other illegal hunting weapons or 45 prohibited charges, or for hunting game in another illegal manner (Article 66, paragraphs 1, 2, 3, 4, 5 and 6), 5. for allowing hunting to a person who does not fulfil the stipulated conditions or does not act in the stipulated manner when contracting hunting tourism (Article 68, paragraphs 1, 3 and 4), 6. for taking out, enabling or allowing game trophies to be taken out from the hunting ground or out of the country without a stipulated trophy certificate (Article 70, paragraph 9), 7. for failing to undertake specific measures to prevent damage by game (Article 77, paragraph 1), 8. for failing to organise decreasing of the number of game in endangered areas or to take part in this, or for not ensuring implementation of animal health protection measures in the hunting ground and in areas outside the hunting ground where an outbreak of an infectious disease has been proclaimed as long as such disease or the risk of its spreading exist (Article 82). (2) For the offence set out in paragraph 1 of this Article, the person responsible within the legal person shall also be punished with a fine from HRK 7,000.00 to 12,000.00. Article 98 (1) A fine in an amount ranging from HRK 20,000.00 to 50,000.00 shall be imposed on the legal person: 1. for failing to submit data for the Central Hunting Records within the stipulated deadline (Article 8, paragraph 1), 2. for failing to visibly designate boundaries of the hunting ground or not enabling scientific and research activities in the hunting ground or for enabling them without approval by the Ministry or failing to visibly designate areas for scientific and research activities (Article 11, paragraph 4 and Article 12, paragraph 1), 3. for damaging or destroying hunting-management or hunting-technical facilities or boundary marks of the hunting ground (Article 53), or for taking those marks out of the hunting ground contrary to the provision of Article 39, paragraph 4 of this Act, 4. for unsupervised releasing of a shepherd dog into the hunting ground or far from the flock, or for releasing dogs or cats without supervisions by their owners into the hunting ground (Article 55, paragraphs 1 and 2), 5. for using plant protection agents (biological, chemical and technical) in the manner endangering the game, and in a manner that this use endangers or pollutes the 46 environment, or burning stubbles, corn fields, sedges or similar without prior notification to the authorised person of the right of hunting in a designated period, or for failing to have an operating game intimidation device during operation of agricultural machinery (Article 56, paragraphs 1, 2, and 3), 6. for failing to notify, without delay, the hunting inspector on the kill of wounded or sick game with enclosed certificate issued by the competent veterinary service (Article 61, paragraph 2), 7. for hunting game with birds of prey, without falconing exam or without permission by the concessionaire (Article 64, paragraph 4), 8. for hunting or permitting hunting with a dog which does not fulfil stipulated conditions, and for hunting a specific game in designated areas without a dog of an appropriate breed (Article 67, paragraphs 1 and 2), 9. for failing to evaluate the game trophy, to keep stipulated register or not submitting a report to CHU within the stipulated deadline (Article 70, paragraphs 1, 2 and 7), 10. for permanently taking abroad a top game trophy (Article 71, paragraph 1), 11. for keeping game or its parts, transporting or transferring them out of the hunting ground or areas referred to in Article 9, paragraph 2 of this Act, for storing, selling or buying, processing or re-working, and importing or exporting without certificate of origin of game and its parts, or for failing to mark the game and its parts with appropriate label, or failing to keep records of the owner and origin of the game and its parts (Article 74, paragraph 1, 2, 3 and 5), 12. for not enabling the hunting inspector to conduct inspection or to provide him with necessary data and information (Article 92), 13. for failing to act pursuant to the decision by the hunting inspector (Article 95, paragraphs 1 and 3), 14. for failing to align his business with the provisions of this Act and rules and regulations adopted pursuant to it within the designated period (Article 104), (2) For the offence set out in paragraph 1 of this Article, the person responsible within the legal person shall also be punished with a fine from HRK 5,000.00 to 8,000.00. Article 99 A fine in an amount ranging from HRK 10,000.00 to 15,000.00 shall be imposed on the natural person: 47 1. for hunting or allowing hunting to a person who does not fulfil stipulated conditions or for not acting in the stipulated manner when contracting hunting tourism (Article 68, paragraph 1, 3 and 4). 2. for taking a top game trophy abroad (Article 71, paragraph 1), 3. for failing to execute the order or decision prohibiting hunting or decreasing the numerical strength of a specific game species that endangers the health of people, livestock or other game or causes other damage (Article 81), 4. for committing an action referred to in Article 96, paragraph 1 of this Act, 5. for committing an action referred to in Article 97, paragraph 1 of this Act. Article 100 A fine in an amount ranging from HRK 7,000.00 to 10,000.00 shall be imposed on the natural person that is not the authorised person of the right of hunting: 1. for moving on the state, county, local and unclassified roads within the hunting ground with weapons without approval by the authorised person of the right of hunting, or with loaded weapons without the jacket-case or protective box (Article 54, paragraph 1 and 2) 2. for failing to execute the obligations referred to in Article 58, paragraph 2 of this Act, 3. for hunting game without having passed the hunting exam and without written approval (Article 68, paragraph 1), 4. for acting contrary to the provisions of Article 73, paragraph 3 of this Act; 5. for failing to enable, within his own property, the authorised person of the right of hunting to undertake measures for preventing damage by game (Article 79, item 3), 6. for committing an action referred to in Article 96, paragraph 1, items 11 and 12, Article 97, paragraph 1, items 2, 4 and 6, and Article 98, paragraph 1, items 3, 4, 5, 7, 8, 10, 11, 12 and 13 of this Act. Article 101 (1) For an offence set out in Article 96, paragraph 1, items 2, 3, 10, 11 and 12, Article 97, paragraph 1, items 2, 3, 4 and 6, Article 98, paragraph 1, items 6, 7, 8, 10 and 11, and Article 99, items 1 and 2 of this Act, in addition to the fine, the protective measure of seizing the object(s) shall be also imposed. 48 (2) For an offence set out in Article 96, paragraph 1, items 11 and 12, Article 97, paragraph 1, items 2 and 3, and Article 99, item 1 of this Act, in addition to the fine, the protective measure prohibiting hunting from one to two years shall also be imposed. (3) In the case of an offence referred to in paragraphs 1 and 2 of this Article, game, parts of game and other objects shall be temporarily seized. Perishable objects shall be preserved appropriately until the completion of the misdemeanour procedure to a maximum of 60 days after which they shall be destroyed or returned to the owner. (4) In the case when the accused has been freed from the responsibility for the offence, and the perishable object has been destroyed in line with the paragraph 3 of this Act, the owner shall be entitled to a compensation for damage. XI TRANSITIONAL AND FINAL PROVISIONS Article 102 (1) The Minister shall issue rules and regulations, for the issuance of which he has been authorised by this Act, within the period of six months following the day of entry into force of this Act. (2) Until the entry into force of the rules and regulations referred to in paragraph 1 of this Article, implementing rules and regulations adopted pursuant to the Hunting Act shall apply (Official Gazette 10/94, 29/99, 76/99, 14/01 and 4/02). Article 103 Proceedings initiated before the entry into force of this Act shall be completed in accordance with the provisions of this Act. Article 104 Legal and natural persons using the right of hunting in the existing hunting grounds shall align their business and general acts with the provisions of this Act within nine months following the date of entry into force of this Act. Article 105 On the date of entry into force of this Act: 1. the Hunting Act (Official Gazette 10/94, 29/99, 76/99, 14/01 and 4/02) shall cease to have effect, 2. in the State Inspectorate Act (Official Gazette 76/99, 96/03, 191/03, 160/04 and 33/05) in Article 2, paragraph 1 the words “and hunting” shall be deleted, in Article 3 in the 49 introductory sentence the word “hunting” and subparagraph 24 shall be deleted, and in Article 12, paragraph 1 the words “hunting” shall be deleted. Article 106 This Act shall enter into force on the eighth day after the day of its publication in the Official Gazette. Class: 323-01/05-01/01 Zagreb, 17 November 2005 THE CROATIAN PARLIAMENT The President of the Croatian Parliament Vladimir Šeks, m.p. 50