ENVIRONMENTAL CODE
LexInter | June 9, 2010 | 0 Comments

Chapter III Hunting permits

ENVIRONMENTAL CODE
(Legislative Part)

Chapter III: Hunting license

Article L423-1

(Law n ° 2005-157 of February 23, 2005 art. 165 I Official Journal of February 24, 2005)

No one may practice hunting unless he is the holder and holder of a valid hunting license.
The valid character of the hunting license results, on the one hand, from the payment of hunting fees and stamp duty mentioned in article L. 423-12 and, on the other hand, from the payment of the contributions provided for in article L. 423-13 as well as the contributions provided for in article L. 426-5 and the national contribution instituted in article L. 421-14 when it comes to big game hunting.

Article L423-2

(Law n ° 2005-157 of February 23, 2005 art. 165 II, art. 166 VIII Official Journal of February 24, 2005)
However, persons holding and carrying a hunting license may practice hunting in the presence and under the civil responsibility of an accompanying person who has held a hunting license for at least five years and who has never been deprived of the right to obtain or hold a hunting license by court order. For shooting hunting, the authorized person and the accompanying person may only have one weapon for two at the hunting site.
With the exception of the persons referred to in Article L. 423-25, the authorization to hunt is issued by the administrative authority, free of charge, for one year and once per person, to minors over fifteen years old and to adults, having benefited from basic practical training delivered by the departmental or interdepartmental federation of hunters, with the assistance of the National Office for Hunting and Wildlife.
Articles L. 424-4 and L. 424-5 are applicable to holders of a hunting license.
A Council of State decree specifies the conditions for issuing a hunting license.

NOTE: The modification induced by VIII of article 166 of law n ° 2005-157 being incompatible with that of II of article 165, it could not be carried out.

Article L423-3

For the practice of maritime hunting, professional fishermen and shellfish farmers administratively assimilated to said sailors are exempt from validating their hunting license, subject to being in possession of an authorization issued free of charge by the administrative authority on presentation of a ” an insurance certificate drawn up under the conditions set out in this chapter.

Article L423-4

(Law n ° 2003-698 of July 30, 2003 art. 25 Official Journal of July 31, 2003)
(Law n ° 2005-157 of February 23, 2005 art. 166 I Official Journal of February 24, 2005)
I. – A central national file of permits issued, validations and authorizations to hunt is established, the management of which is entrusted to the National Federation of Hunters under the control of the National Office for Hunting and Wildlife .
The departmental and interdepartmental federations of hunters send each year to the file manager the list of their members holding a hunting license, validation and authorization to hunt.
The judicial authority informs the National Hunting and Wildlife Office and informs the central file referred to in the first paragraph on the penalties imposed in application of articles L. 428-14 and L. 428-15 of this code as well as withdrawals of the hunting license pronounced under articles 131-14 and 131-16 of the penal code. The administrative authority informs the National Hunting and Wildlife Office and informs the central file about entries in the automated national file of persons prohibited from acquiring and possessing weapons provided for in article L. 2336- 6 of the Defense Code.

II. – A decree in the Council of State taken after the opinion of the National Commission for Information Technology and Freedoms specifies the methods of application of this article.

ENVIRONMENTAL CODE
(Legislative Part)

Section 1: Examination for the issuance of a hunting license

Article L423-5

(Law n ° 2005-157 of February 23, 2005 art. 166 II Official Journal of February 24, 2005)
The issue of a hunting license is subject to admission to an examination. This exam relates in particular to knowledge of wild fauna, to hunting regulations as well as to the safety rules that must be observed when handling weapons, the mastery of which will be assessed during a practical test. It includes eliminatory procedures and is organized, on behalf of the State, by the National Office for Hunting and Wildlife with the assistance of departmental and interdepartmental federations of hunters under conditions defined by regulation.
The administrative authority seized of an appeal concerning the issue of the hunting license, before deciding on it, consults a jury made up half of representatives of the State and half of representatives of the departmental federation of hunters.
However, persons having obtained, prior to July 1, 1976, a hunting license or an authorization issued by the maritime affairs administration are exempt from the examination.

Article L423-6

(Ordinance n ° 2000-916 of September 19, 2000 annex Official Journal of September 22, 2000 in force on January 1, 2002)
(Law n ° 2005-157 of February 23, 2005 art. 166 III Official Journal of February 24, 2005)
To register for the examination of the hunting license, the candidate must present to the National Office for Hunting and Wildlife a medical certificate attesting that his state of physical and mental health is compatible with the possession of a armed.
An examination fee is also levied, the amount of which is set within the limit of 16 euros, by order of the minister responsible for hunting and the minister responsible for the budget.
The proceeds of these rights are donated to the National Hunting and Wildlife Office to be allocated to the physical organization of the examination.

Article L423-7

The following persons are subject to the examination provided for in Article L. 423-5, before any new issuance of a hunting license:
1 ° Affected by the temporary deprivation of the right to obtain or hold a hunting license by Justice decision ;
2 ° Whose license would be null and void in application of article L. 423-11.

Article L423-8

The departmental federations of hunters organize the training of candidates for the theoretical and practical tests of the examination for the issue of the hunting license. Hunting weapons are made available to people participating in this training.
The departmental federations of hunters also organize training courses open to people holding a hunting license and aimed at deepening their knowledge of wildlife, hunting regulations and weapons.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 1: Issuance

Article L423-9

The hunting license is issued on a permanent basis by the administrative authority.

Article L423-10

For the issuance of the hunting license, and for each duplicate, a stamp duty set by article 964 of the general tax code is levied.
Those exempt from the examination are also exempt from stamp duty.

Article L423-11

(Law n ° 2005-157 of February 23, 2005 art. 166 IV Official Journal of February 24, 2005)
Cannot obtain the issuance of a hunting license:
1 ° Persons under the age of sixteen;
2 ° Adults under guardianship, unless they are authorized to hunt by the guardianship judge;
3 ° Those who, following a conviction, are deprived of the right to carry weapons;
4 ° Those who have not carried out the sentences pronounced against them for one of the offenses provided for by this title;
5 ° Anyone sentenced to a state of residence ban;
6 ° Those who were unable to produce the medical certificate provided for in article L. 423-6;
7 ° The persons having formed the opposition provided for in 5 ° of the
8 ° Persons deprived, in application of article L. 428-14, of the right to keep or to obtain a hunting license;
9 ° Those who are registered in the national automated nominative file of persons prohibited from acquiring and possessing weapons referred to in Article L. 2336-6 of the Defense Code.

Under the penalties incurred for the offense provided for by article 441-6 of the penal code, any person requesting the issue of a hunting license must declare that he is not in one of the cases of incapacity or ‘ban provided for above.
The hunting license issued on a false declaration is null and void. In this case, it must be given to the Prefect at his request. The penalties provided for against those who have hunted without a valid permit may be applied.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 2: Validation of the hunting license

Article L423-12

(Ordinance n ° 2003-719 of August 1, 2003 art. 2 Official Journal of August 5, 2003)
(Law n ° 2005-157 of February 23, 2005 art. 166 IX Official Journal of February 24, 2005)
(Law n ° 2005-1719 of December 30, 2005 art. 60 III finances for 2006 Official Journal of December 31, 2005)

The payment of one of the hunting fees provided for in subsection 3 and of the stamp duty mentioned in article 1635 bis N of the general tax code is valid for the validation of the hunting license provided that the holder thereof satisfies under the conditions defined by Articles L. 423-13, L. 423-15 and L. 423-16.

Article L423-13

No one can obtain the validation of the hunting license if he is not a member of a federation of hunters and if he has not paid the statutory contributions to this federation. The federations of hunters cannot reject the membership of a person holding a hunting license.

Article L423-15

(Law n ° 2005-157 of February 23, 2005 art. 166 V Official Journal of February 24, 2005)
Cannot obtain validation of their hunting license:
1 ° Unemancipated minors over the age of sixteen, unless validation is requested for them by their father, mother or guardian;
2 ° Adults under guardianship, unless they are authorized to hunt by the guardianship judge;
3 ° Those who, following a conviction, are deprived of the right to carry weapons;
4 ° Those who have not carried out the sentences pronounced against them for one of the offenses provided for by this title;
5 ° Anyone sentenced to a state of residence ban;
6 ° People suffering from a medical condition or an infirmity, the list of which is fixed by decree of the Council of State, making the practice of hunting dangerous;
7 ° The persons having filed the opposition provided for in 5 ° of article L. 422-10;
8 ° Persons deprived, in application of article L. 428-14, of the right to keep or to obtain a hunting license, or whose license is suspended in application of article L. 428-15;
9 ° Those who are registered in the national automated nominative file of persons prohibited from acquiring and possessing weapons referred to in Article L. 2336-6 of the Defense Code.

Under the penalties incurred for the offense provided for by article 441-6 of the penal code, any person requesting the validation of a hunting license must declare that he is not in one of the cases of incapacity or ‘ban provided for above.
In the event of a false declaration, the validation of the hunting license is automatically null and void. In this case, the validation document must be given to the Prefect at his request. The penalties provided for against those who have hunted without a valid permit may be applied.
In case of doubt about the declaration relating to the ailments mentioned in 6 °, the Prefect may request a medical certificate.

Article L423-16

(Ordinance n ° 2003-719 of August 1, 2003 art. 3 Official Journal of August 5, 2003)
The hunter must have taken out with a company admitted to practice in France the insurance of the risks related to the exercise of hunting an insurance which guarantees his civil liability for an unlimited sum and without any forfeiture being opposable to the victims or to their beneficiaries, due to bodily accidents caused by any act of hunting or any act of destruction of harmful animals. The insurance must also cover, under the same conditions, the civil liability incurred by the hunter because of his dogs.

Article L423-17

Any insurance contract covering the civil liability of hunters is, notwithstanding any clause to the contrary, deemed to include guarantees at least equivalent to those set out in Article L. 423-16.

Article L423-18

The license ceases to be valid, and it is temporarily withdrawn by the administrative authority, if the insurance contract is terminated or if the guarantee provided for in the contract is suspended for any reason whatsoever.
The termination of the contract or the suspension of the guarantee must be notified by the insurance company to the administrative authority.
The penalties provided for in Article L. 428-3 are applied to any person who refuses to surrender his hunting license to the agent of the competent authority by application of the provisions of this article.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 3: Procedures for validating the hunting license

Article L423-19

The validation of the hunting license gives rise to the annual payment of a departmental or national hunting fee.
To obtain departmental validation of the hunting license, the applicant must be a member of the corresponding hunters’ federation.

Article L423-20

(Law n ° 2005-157 of February 23, 2005 art. 166 VI Official Journal of February 24, 2005)
The hunting license can be validated for a period of nine consecutive days. This validation is subject to the payment of a hunting fee and a temporary federal contribution. It can only be obtained once per hunting campaign.
The hunting license can also be validated for a period of three consecutive days. This validation can be repeated twice during the same hunting campaign. Each time, it gives rise to the payment of a hunting fee and a temporary federal contribution.
These two methods of temporary validation cannot be combined.

Article L423-21

(Law n ° 2005-157 of February 23, 2005 art. 166 VII Official Journal of February 24, 2005)
The practice of hunting in France by non-residents, French or foreign, holders of hunting licenses issued abroad or any other administrative document in lieu thereof, is subject to the validation of these documents under the applicable conditions. hunting permits issued in France.

Article L423-21-1

(Law n ° 2000-1353 of December 30, 2000 art. 47 I, II corrective finances for 2000 Official Journal of December 31, 2000 in force on July 27, 2000)
(Law n ° 2000-1353 of December 30, 2000 art. 47 III corrective finances for 2000 Official Journal of December 31, 2000 in force on January 1, 2002)
(Ordinance n ° 2003-719 of August 1, 2003 art. 4 Official Journal of August 5, 2003)
The amount of hunting fees is set by joint decree of the Minister responsible for hunting and the Minister responsible for the budget, within the limits of the following ceilings:
National hunting fee: 194 euros
Temporary national hunting fee: 116 euros
Departmental hunting fee: 38 euros
Fee Temporary departmental hunting: 23 euros
Waterfowl hunting fee: 15 euros
The hunting fees are collected by an accountant of the Treasury or a state revenue manager placed with a departmental or inter-departmental federation of hunters and authorized, according to the rules and with the applicable guarantees in terms of stamp duties.

NOTE: Article 13 of law n ° 2002-1050 of August 6, 2002, of rectifying finance for 2002 states: “The hunting fee” waterfowl “, instituted by article R. 223-26 of the rural code, is no longer collected as of July 1, 2003. “

 

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 6: Refusals and exclusions

Article L423-25

I. – The issue of a hunting license may be refused and the validation of the license may be withdrawn:
1 ° To any individual who, by a judicial conviction, has been deprived of one or more of the rights listed in article 131 -26 of the penal code;
2 ° Anyone sentenced to imprisonment for more than six months for rebellion or violence against agents of public authority;
3 ° Anyone sentenced for the offense of illicit association, manufacture, sale, distribution of powder, arms or other munitions of war; written threats or verbal threats with orders or conditions; impediments to the movement of grain; devastation of standing trees or crops, of naturally occurring or human-made plants;
4 ° To those who have been convicted of theft, fraud, or breach of trust.
II. – The faculty to refuse the issue or to withdraw the validation of the hunting license to the condemned mentioned in 2º, 3º and 4º of I ceases five years after the expiration of the sentence.

ENVIRONMENTAL CODE
(Legislative Part)

Sub-section 7: Provisions specific to certain agents

Article L423-26

The prefect may make the limitations he deems necessary, in the interest of the hunting police or the service, to the practice of hunting by the agents mentioned in 1 ° and 2 ° of I of article L. 428 -20.

ENVIRONMENTAL CODE
(Legislative Part)

Section 3: Allocation of hunting fees

Article L423-27

(Law n ° 2005-157 of February 23, 2005 art. 166 VIII Official Journal of February 24, 2005)

The amount of the royalties mentioned in article L. 423-19 is paid to the National Office for Hunting and Wildlife to be allocated to the financing of its expenses.

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