Principles of a Valencian hunter

Art. 148.1.11 of the 1978 Spanish Constitution (CE) attributes the subject of hunting to the exclusive competence of the Autonomous Communities (CC.AA.) and all seventeen CC.AA., as well as Ceuta and Melilla, have assumed it. This implies a limited application of the Spanish state Hunting Law 1/1970 that continues in force and remains supplementary (art. 149.3 CE) to that of the nineteen autonomous systems. Other questions that affect hunting are contemplated in state regulations such as commerce (hunting insurance, RD 63/1994), criminal (wildlife crime), weaponry (Weapons Regulation 137/1993) or basic environment legislation. Even international treaties apply to hunting in Spanish territory as the European Convention for the Protection of Pet Animals of 1987.

Royal Decree 1095/1989 declares the list of species targeted for hunting while art. 65 of the Law of Natural Heritage 42/2007 establishes that the CC.AA. will determine the species that can be hunted, excluding those of special protection of prohibited by the EU. Now, hunting regulation has to guarantee species conservation and it falls on the CC.AA. to determine where and when hunting can take place.

Hunting in the Valencian Community (CV) is governed by Hunting Law 13/2004 that established four tipes of hunting spaces. In the Generalitat Valenciana viewer (GVA) one can see the extension of hunting spaces in Valencian lands.

espais cinegètics CV
Hunting spaces in the CV, August 2018 (www.visor.gva.es)

In addition, the GVA dictates an anual order of hunting closures that includes the species that can be hunted and the open hunting period  ﹣generally, from August until February﹣ (Order 20/2018). Likewise, the extraordinary Order of 2009 continues in force and allows, among other, hunting wild rabbits with shotguns in certain areas (Damages Resolution of 2014) between March and December.

captura-acuatica

captura-noacuaticas

captura-mayor

I have written How to be a good Valencian hunter according to my interpretation of the regulation, mainly the Law 13/2004 of the CV,  which in principle legislative references invoke.

A good hunter:

  • Will not be disqualified (arts. 6 and 58, Law 13/2004 CV, very serious offence with a 3001-15000€ fine + hunting license withdrawal and disqualification to have it during 2-3 years), will have passed the aptitude tests (arts, 7 and 58, very serious offence with a 3001-15000€ fine + hunting license withdrawal and disqualification to have it during 2-3 years) and will have a hunting license (arts. 6 and 58, serious offence with a 301-3000€  fine + hunting license withdrawal and disqualification to have it for 1- 2 years).
  • Will have a civil liability insurance for hunting with a weapon in force (arts. 6, 7 and 58, very serious offence with a 3001-15000€ fine + hunting license withdrawal and disqualification to have it during 2-3 years).
  • Will take along: dni, passport or driving license; hunting license (arts. 7 and 58, serious with a 301-3000€ fine + hunting license withdrawal and disqualification to have it during 1-2 years); insurance (arts. 7 and 58, very serious with a 3001-15000€ fine + hunting license withdrawal and disqualification to have it during 2-3 years); weapons permit (crime of the art. 564 Penal Code (CP), imprisonment of 6 months to 1 year); and permission of the hunting ground holder (arts. 7 and 58, very serious offence with a 3001-15000€ fine + hunting license withdrawal and disqualification to have it during 2-3 years).
  • Will be 14 years old, if a minor, he/she will be accompanied by a vigilant adult hunter.
  • Will show his/her documentation to the authority and its agents (arts. 7 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and special disqualification to have it for 1-2 years).
  • Will denounce the infractions he/she knows of to the agents (art. 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and special disqualification to have it for 1-2 years).
  • Will not go out hunting with dogs of a potentially dangerous breed (art. 11).
  • Will not hunt species forbidden in specific hunting regulations (crime of the art. 335 CP: under penalty of 8-12 month fine + special disqualification for hunting for 2-5 years).
  • Will not carry out hunting, possesion, or destruction of protected species of wild fauna, neither traffic nor activity that hinders with their reproduction  (crime of the art. 334 CP: imprisonment for 6 months to 2 years o 8-24 months fine + special disqualification for profession and trade + special disqualification for hunting for 2-4 years).
  • Will not hunt in special hunting grounds without the holder’s permission  (crime of the 335.2 CP: penalty of 4-8 months fine + special disqualification for hunting during 1-3 years that may have special gravity and result in imprisonment  6 months to 2 years + special disqualification for hunting for 2-5 years).
  • Will not release specimens of non-native species (art. 65, 42/2007 Law of Natural Heritage and art. 58, very serious administrative offence with a 3001-15000€ fine. It may also be a crime under art. 333 CP: imprisonment during 4 months to 5 years or 8-24 months fine + special disqualification for profession and trade for 1-3 years).
  • Will only hunt invasive alien species in a distribution area if the cartographic delimitation of such area has been approved and published (2nd transitory provision of Law 7/2018 and art. 65, Law 42/2007).

While hunting with a weapon, the hunter:

  • Will act with necessary diligence, will not use the weapon recklessly or under the influence of alcohol, narcotics and the like (art. 147 and 156 Regl. 137/1993, serious offence with a 300,51-601,12€ fine + seizure of weapons + withdrawal of licence).
  • Will use the appropiate weapon to procure a sudden and suffering-free death  (art. 9).
  • Will shoot only after having recognized the species and, on occasion, sex and age of the animal (arts. 9 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and special disqualification to have it for 1-2 years).
  • Will not shoot when difficult to collect (art. 9).
  • Will give a quick and appropiate death to slain animals (art. 9).
  • Will not shoot when the trajectory of the ammunition is not visible (art. 9).
  • Will unload his/her weapon in the presence of people not involved with hunting or during rest time (art. 9 Law 13/2004, art. 147 and 156 Regl. 137/1993, serious offence with a 300,51-601,12€  fine + seizure of weapons + licence withdrawal).
  • Will not transport mounted and loaded weapons on the countryside because it is considered a hunting activity (art. 58, 301-3000€ fine + hunting license withdrawal and disqualification to have it during 1-2 years).

In sport hunting, the hunter:

  • Will hunt between morning and evening twilight (arts. 12 and 58, serious with a 301-3000€ fine + hunting licence withdrawal and special disqualification to have it for 1-2 years).
  • Will not go hunting at night, except for hunting wild boar in waiting  (arts. 12 and 58, serious with a 301-3000€ fine + hunting licence withdrawal and special disqualification to have it for 1-2 years).
  • Will not go hunting in days of fortune: fire, fog, snow, etc. that reduce the animals’ possibilities of defense (art. 12).
  • Will not hunt in burnt forest land and nestled grounds under 250 Ha. at least one year after the event and once the hunting season that began in that year has ended (art. 12).
  • Will not hunt taking advantage of agricultural or forest machinery  (arts. 12 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and special disqualification to have it for 1-2 years).
  • Will not hunt on the lookout less than 50 m. from drinking fountains or artificial hatcheries (art. 12).
  • Will not hunt a manos encontradas ﹣two rows that start from opposite sites to meet﹣ (art. 12).
  • Will not hunt a la retranca or to take advantage from monterías under 500 m. from the hunting grounds borders (art. 12).
  • Will not hunt birds in period of estrus, breeding or prenuptial migration (arts. 12 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and disqualification to have it for 1-2 years).
  • When she/she recognises a mother and her offspring will not hunt any of them   (arts. 12 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and disqualification to have it for 1-2 years).
  • Will not hunt the partridge with the female partridge claim (arts. 12 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and disqualification to have it for 1-2 years), with the male one, only according to technical plan.
  • Will not hunt in montería or batida placed under 100 m. from the hunting ground border (art. 12).
  • Will not hunt or hide in vehicle, boat, plane or equine (arts. 12 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and disqualification to have it for 2 years).
  • Will not alter or destroy nest or burrow to capture a piece (arts. 12 and 58, serious offence with a 301-3000€ fine + hunting licence withdrawal and disqualification to have it for 1-2 years).
  • Will not commit fraud to attract or retain prey from other properties  cometerá fraude para atraer o retener la caza de otros predios (arts. 12 and 58, serious offence with a 301-3000€ fine+ hunting licence withdrawal and disqualification to have it for 1-2 years).
  • Will not commit fraud to scare the prey before a hunt (arts. 12 and 58, serious offence with a 301-3000€ fine+ hunting licence withdrawal and disqualification to have it for 1-2 years).
  • Will not take more than 8 dogs per hunter or 15 per group of hunters ( 1st additional provision, Order 20/2018).

Captura de pantalla 2018-08-25 a las 18.56.58

In sport hunting it is forbidden:

  • To use a lasso or hook or any type of trap or crossbow (arts. 12 and 58, serious offence with a 301-3000€ fine+ withdrawal of hunting licence and disqualification to have it for 1-2 years) o trap (arts. 12 and 58, very serious with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • To use ammunition with lead in wetlands (arts. 12 and 58, serious offence  with a 301-3000€ fine+ withdrawal of hunting licence and disqualification to have it for 1-2 years) as well as the possession and the use of lead ammunition in wetlands of internacional relevance, Natura 2000 Network and protected natural areas (art. 63, Ley 42/2007, the fine can amount to 2000000€).
  • To use nets or adhesive substances (arts. 12 and 58, serious offence with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • To use a mutilated claim, electrical or mechanical device, recording, wiring or ferrets (excluding ferret exception for rabbit overabundance, Order 2009 CV) (arts. 12 and 58, serious offence with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • To use live specimens of protected species as a claim (arts. 12 and 58, serious offence with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • To use an automatic or a semiautomatic weapon with more than two cartridges, neither a compressed air weapon, a 22-calibre rifle or one that triggers paralysing substances (arts. 12 and 58, serious offence with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • To use a muffler or a night vision device connected to the weapon (arts. 12 and 58 Ley 13/2004, serious offence with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years; the possession and the use of a muffler applicable to a fire weapon, is a crime, art. 563 CP, imprisonment for 1-3 years).
  • To use shots or postas﹣two or more projectiles in a cartridge with weight equal to or higher than 2.5 gr.﹣ (arts. 12 and 58, serious offence with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • To use any source of artificial lighting or infrared vision, except authorisation for  wild board or transit to and from to hunting place with sheathed weapon (arts. 12 and 58, serious weapon with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • To shoot on messenger or sporting pigeons (art. 12).
  • To use devices that electrocute or paralyse (arts. 12 and 58, serious with a 301-3000€ fine+ withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • Not to pick up the pods of used ammunition or any non-organic waste (art. 12 y 58, minor offence with a 100-300€ fine).
  • To use odorous luring substances (art. 12).
  • To use radio-telecommunication or any device to facilitate a hunt (art. 12)
  • To use poisoned baits (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years), explosives or any substance that reduces animals’ ability to flee or causes them to suffocate  (arts. 12 and 58, serious with a 301-3000€ fine + withdrawal of hunting licence and disqualification to have it for 1-2 years).
  • To use poison, an explosive medium or any instrument of destructive or non selective effectiveness for fauna (art. 336 CP, imprisonment for 4 months to 2 years or 8-24 month fine + special disqualification to profession or trade + special disqualification to hunt for 1-3 years).
  • To carry said means in the hunting or transport of weapons or trade with said means without authorisation (art. 12 Law 13/2004 and art. 65 Law 42/2007).
ley patrimonio españa modos prohibidos
Anexo VII de la Ley 42/2007 de patrimonio natural

In order to protect the safety of people and property, the hunter is prohibited from:  

  • Hunting with a weapon under 100 m. of places where crops are cultivated or harvested (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years). 
  • Hunting in crops and shooting in their direction, to avoid damages to crops (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • Hunting less than 100. of the closest animal of a herd and of herding animals, as well as shooting in their direction if they are within reach of the projectiles (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • Hunting with a weapon under 200 m. of camping areas and concentrations of people not related to the hunt, as well as shooting in their direction, even at a greater distance, if the area is within reach of the projectiles  (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • Hunting with a weapon under 100. of an area where sailing, fishing or activities with people not related to the hunt take place, as well as shooting in their direction, if the area is within reach of the projectiles (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • Hunting woodpigeon or turtledove with weapons under 100. of a signposted industrial pigeon loft (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • The reckless use of firearms (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • The participation of scouts or companions in hunting or beating (batida)  that do not wear reflective vests (arts. 12 and 58, very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years).
  • Not unloading the weapon, for any reason, when approaching people or property subject to protection (arts. 12 and 58 Law 13/2004, minor offence with a 100-300€ fine; non adoption of necessary precautions art. 156.j Regl. 137/1993, serious offence with a 300, 51-601€ fine + seizure of weapons + withdrawal of license).

It is forbidden for a hunter to use or carry a loaded weapon inside a security zone and to shoot towards that area when it is within reach of the projectiles (arts. 39 and 58, without real danger the shooting is a serious offence, 301-3000€ fine + hunting licence withdrawal and disqualification to have it for 1-2 years; shooting within reach of people or property is a very serious offence with a 3001-15000€ fine + hunting licence withdrawal and disqualification to have it for 2-3 years). 

Security zones are:

  • Urban areas, estates and isolated homes; public gardens and parks; sport venues and authorised recreational facility; industrial sites and intensive livestock farms; zoological cluster, game farm and industrial pigeon lofts; railways, roads, paved roads and public-use roads; maritime public domain, navigable waters and channels, and cattle routes; and other so declared.

The limits of the security zones are:

  • 200 m. from the last building of urban areas, estates, public gardens and parks, and sport venues.
  • 50 m. from the end of an isolated home, public-use garden and park; sport venue, authorised recreational venue; industrial site, intensive livestock farm; zoological cluster; game farm and industrial pigeon loft; or from its last installation or fence.
  • 100 m. from the edge of the shoulder or fence of a national, autonomous or local road.
  • 50 m. on each side of a paved public road, railway or navigable channel.
  • 25 m. on each side of a public-use non-paved road.
  • In all the extension of the maritime-terrestrial public domain (rivers, streams, ponds, beaches, cliffs, wetlands, etc.) when it does not have the condition of security zone.
  • In all the extension of a cattle route, when it does not have the condition of security zone.

In hunting spaces, the holder of a dog:

  • Will comply with regulation on tenure, treatments (arts. 11 and 58 Law 13/2004, minor offence with a 100-300€ fine + hunting licence withdrawal and disqualification to have it for 1-2 years; arts. 5 and 25 Law 4/1994, serious offence, 601-6000€ fine, possible confiscation of the animal, closure of facilities and prohibition of acquiring other animals), identification (arts. 11 and 58 Law 13/2004, minor offence with a 100-300€ fine; arts. 11 and 25 Law 4/1994, serious offence, 601-6000€ fine, possible confiscation of the animal, closure of facilities and prohibition of acquiring other animals) and registration his/her animals (arts. 11 and 58 Law 13/2004, minor offence with 100-300€ fine; art. 25 Law 4/1994, minor offence, 30-600€ fine).
  • Will not inflict unnecessary pain, suffering or anguish to it or abandon it (art. 3, European Convention 1987; art. 25 Law 4/1994, very serious offence, 6000-18000€ fine, possible confiscation of the animal, closure of facilities and prohibition of acquiring other animals; art. 337bis CP, crime of abandonment with danger, penalty of a 1-6 month fine, special disqualification for 3 month-1 year for profession or trade and animal tenure).
  • Will continue to be responsible for its health and well-being (art. 4, European Convention 1987 and art. 3, Law 4/1994).
  • Will not use surgery to modify its appearance for non-curative purposes, particularly cutting of tail, ears or vocal cords or removal of nails and teeth (art. 10, European Convention 1987 and art. 25 Law 4/1994, very serious offence, 6000-18000€ fine, possible confiscation of the animal, closure of facilities and prohibition of acquiring other animals).
  • Will let the dog loose, if controlled effectively, though it will not let it go further than 50 m. nor look for unrelated hunting pieces (arts. 11 and 58 Law 13/2004, minor offence with a 100-300€ fine).
  • Will tie it up in times according to regulations (arts. 11 and 58 Law 13/2004, minor offence with a 100-300€ fine).
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