Ministry of Environment
[Norway]
Act Relating to wildlife and
wildlife habitants (The Wildlife Act)
Act No 38 of 29 May 1981
T‑1055
Chapter I
Purpose and
scope
Section 1 The
purpose of the Act
Wildlife and the habitats of
wildlife shall be managed in such a way that the productivity of nature and the
diversity of species be preserved.
Within this framework,
wildlife may be harvested for the benefit of agriculture and outdoor
recreation.
Section 2 The
scope of the Act
In this Act, wildlife means all
wild terrestrial mammals and birds, amphibians and reptiles.
The Act also applies in Norway's economic
zone.
Section 3 The
principle of protection
All wildlife, including
eggs, nests and habitats are protected unless otherwise prescribed by statutory
law or by administrative decision issued in pursuance thereof. When taking a
decision on what can be hunted and on hunting seasons pursuant to section 9,
particular emphasis shall be placed on whether the species produces a surplus
worth harvesting and whether it is of value as a resource. Emphasis shall also
be placed on the hunting and trapping tradition in the area in question, and
the damage caused by the wildlife. Nobody shall be permitted to hold wildlife
in captivity unless otherwise prescribed by statutory law or by administrative
decision issued in pursuance thereof.
It is prohibited to catch,
hunt, kill or injure protected wildlife. If necessary in order to prevent
damage to persons or property, it is permitted to kill small rodents and
reptiles. The prohibition pursuant to section 24 and section 25 does not apply
to killing of this kind.
In all activities,
consideration shall be shown for wildlife, and to eggs, nests and habitats, so
that they are caused no unnecessary suffering injury.
Chapter II
Wildlife agencies
Section 4 Wildlife agencies
The following agencies are involved in wildlife management: 1. Ministry of
Environment
2. Directorate for Nature
Management
3. County governor
4. The municipality.
The King may issue specific
rules concerning the establishment of special cooperative agencies within
wildlife management.
The decisions of the
municipality may be appealed to the county governor. The rules governing
complaints about administrative decisions laid down in the Administration Act
shall apply correspondingly
Section 6 (Repealed by Act
No. 95 of 3 July 1992.
Section 6 The task of the
wildlife agencies
The wildlife agencies shall
work to promote the objectives of the Act and shall assist, advise and give
guidance to authorities and organizations, enterprises and individual persons,
in matters concerning the management of wildlife.
The King may issue specific
rules concerning the organization and activity of the wildlife agencies.
Section 6a (Repealed by Act
No. 106 of 11 June 1993.
Chapter III
Protection of wildlife
habitats
(Protection of biotopes)
Section 7 Regulation of
development and other activities in areas of importance to wildlife Due
consideration shall be given to wildlife in the general planning of land use in
municipalities and counties pursuant to the Planning and Building Act.
In areas of major value to
wildlife, the King may prohibit installations, construction work and other
activities, including traffic, when this is necessary in order to preserve the
natural environment of wildlife. A decision to protect a habitat shall be
considered under the provisions in Act No. 63 of 19 June 1970 relating to
nature conservation, section 18. Prior to this the Ministry may decide on
temporary protection as specified, until the issue in question is settled.
Section 8 Regulation of
traffic on uncultivated land
In order to prevent damage
or inconvenience the King may issue regulations for the carrying out of
large-scale arrangements on uncultivated land and for nature studies,
photography etc., and for forms of traffic which may be particularly harmful to
wildlife.
Chapter IV
Game species and hunting
seasons.
Killing regardless of
protection
Section 9 Game Species and
Hunting Seasons
The King decides which
species of wildlife may be hunted (game species) and during which periods of
time hunting may take place.
The Directorate prescribes
the hunting season for the individual species and in which areas the hunting
may occur. Different hunting seasons may be prescribed for different parts of
the country. The hunting season may be defined as a specific time of the day or
the week, and the stipulated time for hunting may vary for males and females
and for older and younger individuals of the species concerned. The Directorate
may also fix quotas for the number of wildlife killed. The rules regarding a
hunting permit laid down in and pursuant to Chapter V will apply
correspondingly. The hunting seasons should not be fixed during the nesting or
breeding season of the species in question.
Section 10 Days when hunting
is prohibited
Hunting and trapping are not
permitted in the period from 24 December to 31 December, both dates inclusive,
or on Good Friday, Easter Saturday and Easter Sunday.
Section 11 Killing of
wildlife in defense of persons, cattle or domesticated reindeer
Wildlife may be killed
irrespective of protection when the killing is deemed necessary in order to
remove an existing and serious threat of injury to a person.
Similarly, the landowner or
a person acting on the landowner's behalf may kill wildlife that is directly
attacking cattle or domesticated reindeer.
The King may determine that
the provision in the second paragraph above shall not apply to severely
threatened species or severely threatened populations of certain species.
Killing or attempted killing
pursuant to the first or second paragraphs shall be notified immediately to the
municipality.
Section 12 Permission to
kill predatory wildlife which causes injury
In accordance with specific
rules laid down by the King, the Ministry may, regardless of the regulations
which otherwise apply, grant permission to kill a specific number of
individuals of a predatory wildlife species that is causing serious damage to
cattle or domesticated reindeer. The permission to kill shall be restricted to
a specific area and a specific period of time.
Section 13 Killing of deer
species and beaver which cause damage
The municipality may grant
permission to kill deer (Cervidae) and beaver which cause serious damage to
property, crops, fruit trees or berry bushes, or which cause significant damage
to forest. The municipality may decide that the killed animal shall become the
property of the person possessing the hunting rights against an equivalent
reduction in his catch quota. Otherwise, the killed animal, or the value of the
same, goes to the Wildlife Fund.
The municipality may give
special permission to remove a beaver lodge or dam in order to prevent serious
damage from flooding.
Section 14 Killing of other
wildlife species which cause damage
The Ministry may issue
regulations stating that particular species of wildlife which cause damage in
specifically defined cases may be killed regardless of protection and hunting
seasons. The regulations may apply to killing all year round or during a
specific period, and for the whole country or specific areas. The regulations
may stipulate that the wildlife killed pursuant to this first paragraph shall
become the property of the Wildlife Fund.
A condition for killing
pursuant to the preceding paragraph is that the owner, user or possessor of the
rights has to a reasonable extent tried other ways of preventing damage.
Section 14a Killing of
wildlife that severely disrupts breeding of other species
The Ministry may issue
regulations permitting the killing outside the hunting season of particular
wildlife species that severely disrupt the breeding of other species. The rules
in section 14, first paragraph, shall apply correspondingly.
Section 15 Killing of
wildlife in particular areas
Regardless of the rules
concerning protection and hunting seasons, the Directorate may grant permission
to kill:
1. Wildlife placed in
fenced-in areas or on islands.
2. Seabirds and ducks for
use as food for human consumption where this is the usual practice.
Chapter V Hunting of deer
species and beaver, rules concerning area and selective shooting
Section 16 Permit to kill
deer species and beaver minimum areas
The Directorate decides in
which areas hunting of moose, deer, wild reindeer, roe deer, fallow deer and
beaver is permitted.
The Directorate stipulates
minimum areas or quotas for the killing of members of the species mentioned in
the first paragraph. The municipality issues a hunting permit in accordance
with the stipulated areas or quotas.
In special cases the
Directorate may grant exemption from the rules in the second paragraph.
Section 17 Selective
shooting and other conditions for killing
The hunting permit issued
pursuant to section 16 may contain the condition that the animals killed shall
be males or females, and older or younger individuals of the species concerned.
The Ministry may issue
specific rules concerning the issue of hunting permits and hereunder make it a
condition for the hunting of larger species of game that real estate properties
are grouped together in accordance with the provisions in chapter VIII.
Section 18 The basis for
minimum areas
When stipulating minimum
areas and hunting quotas, account shall be taken of the size of the population,
the living conditions of the species in the particular district, and the damage
caused by the species concerned.
Chapter VI
Hunting and trapping methods
Section 19 Humane hunting
Hunting and trapping shall
be practiced in such a way that wildlife is not exposed to unnecessary suffering,
and so that no danger occurs to human beings or domestic animals, and no damage
is done to property.
Section 20 Use of weapons
during hunting
Only weapons loaded with
gunpowder may be used to kill wildlife during hunting.
The use of shot guns with
more than two shots and of completely automatic rifles for hunting is
prohibited.
The use of spring guns for
killing wildlife is prohibited. The same applies to the use of artificial
lights for hunting purposes, with the exception of hunting foxes with bait when
the source of light is permanently fixed to the wall of a house.
The Ministry shall issue
specific regulations concerning the fire-arms and ammunition to be permitted
for hunting, and how arms and ammunition shall be stored and carried during
hunting.
Section 21 Use of motorized
transport during hunting
It is prohibited during
hunting:
a. To fire a shot on or over
a public highway or railway line
b. To use aircraft or
motorized vehicles to pursue game, or to distract the attention of the game
from the hunter
c. To use aircraft or
motorized vehicles off roads for the purpose of locating game
d. To fire a shot from an
aircraft or a motorized vehicle.
Within a distance of two
kilometres from land, including islets and skerries, it is prohibited to hunt
from a motor boat, hovercraft, or other floating engine-propelled vessel. The
county governor may increase or decrease the stipulated distance in specific
areas, and in specific periods.
The Ministry may prescribe
regulations concerning maximum speed limits during hunting from vessels outside
the area defined in the second paragraph.
Section 22 Swimming Animals
Swimming deer shall not be
chased or killed unless they are being pursued because they are wounded.
Section 23 Use of dogs
during hunting
The use of a loose, chasing,
barking dog in hunting is prohibited, except when hunting for hares, red foxes
and lynx. For other species, the Directorate may give its consent for a
specific area.
The Directorate shall
determine at which times hunting with dogs in accordance with the first
paragraph may take place. The stipulated times may vary for different parts of
the country, and may apply to specific breeds of dogs.
It may be stipulated as a
condition for the use of dogs that hunting takes place in areas of a fixed
minimum size.
Section 24 Trapping
Use of trapping devices is
prohibited unless otherwise prescribed by statutory law or by administrative
decision issued in pursuance thereof.
The Ministry issues
regulations concerning trapping where this may be of economic importance and in
other cases where it is necessary to limit damage caused by wildlife.
Accordingly it may be determined that trapping devices shall be type-approved
and that a fee shall be payable to obtain type-approval for a type of device.
Section 25 Use of poison
The use of poison or
chemicals for killing is prohibited. In special cases, the Ministry may make
exceptions to this prohibition.
Section 26 Authorization for
the King to Issue
Regulations
The King may lay down specific
rules:
l.In order to prevent injury
and accident during hunting and trapping, for example concerning age-limits and
concerning the obligation to produce a health certificate in order to be
allowed to hunt
2.Concerning insurance for
hunters and trappers, including third party, accident and disability insurance,
and the obligation to participate in collective insurance
3. Concerning the hunting of
big game, including shooting proficiency tests, hunting methods, organization
of hunting parties, and use of tracking dogs
4.Concerning the collection
of eggs and parts of wildlife, and concerning killing, marking and trapping of
wildlife for scientific or other special purposes regardless of the regulations
which otherwise apply
5. Concerning catching wildlife
for transfer alive to another area
6. Concerning the obligation
to report wounded or injured wildlife and to report killing of wildlife for
humanitarian reasons irrespective of who possesses the hunting rights to the
land
7. Concerning the establishment
of a central register of hunters
8. Concerning the keeping of
wildlife in captivity, and the rearing, farming and placing of wildlife into
fenced-in areas. Requirements may be issued whereby applicants must pay a fee
for permission to engage in such activity, and enforcement provisions may be
issued to put a stop to illegal activity
9.Concerning the import and
export of dead and live wildlife and eggs
10. Concerning big and small
game hunting and forms and methods of hunting.
Section 27 The sole right of
the landowner to hunt and trap
Subject to the limitations
laid down in this Act and in the regulations issued in pursuance hereof, the
landowner has the sole right to hunting and trapping.
Section 28 Hunting rights
for users, lease of hunting rights
If the landowner allows his
property to be used by another person, the user shall have the hunting rights
unless otherwise agreed upon. If the landowner reserves the hunting rights for
himself, no hunting may take place on the user's tilled land and meadows during
the period from 1 March to 30 September, both dates inclusive.
The hunting rights may not
be detached from the property for a period of more than 10 years at a time,
except when the hunting rights follow the user rights to the property. However,
in the case of land re-allocation proceedings it may be decided that the
hunting rights shall be held jointly, either in whole or in part.
Any agreement concerning
special leasing of hunting rights shall be made in writing. If the agreement
applies for more than five years, the lessor and the lessee shall ensure that
notification of the lease agreement, including information on the conditions,
shall be sent immediately to the municipality.
Sub-leasing of the hunting
rights may not take place without the permission of the person possessing the
hunting rights in accordance with section 27.
The King may issue rules
that prohibit the sub-leasing of hunting rights. If the landowner allows a
person other than the user of the property to practice hunting, the landowner
is also responsible for any economic damage which the hunting causes the user.
The rules in this section
concerning hunting rights shall apply correspondingly to trapping rights.
Section 29 The right to hunt
on land subject to joint ownership
Under joint ownership, all
persons with ownership or user rights in respect of forest, pastures, meadows
or land, shall have the right to practice hunting and trapping unless otherwise
determined by agreement or other legal basis.
Holders of rights pursuant
to the first paragraph may, with one month's notice, summon the others to a
meeting to elect a steering committee of up to five members who shall manage
the hunting and trapping on the land subject to joint ownership. In
collaboration with the municipality, the committee shall draw up a proposal for
rules for such management. The proposal shall be submitted to all the holders
of rights for comment before the rules are laid down by the Directorate.
If the size of the property
subject to joint ownership and the number of persons holding rights so justify,
the Directorate may, after obtaining the opinion of the municipality, impose a
prohibition on hunting and trapping until rules have been laid down pursuant to
the second paragraph. The prohibition, together with information on when it
enters into force, shall be announced in the manner usually employed in the
district.
The rules in the second and
third paragraphs apply correspondingly if three or more properties have joint
hunting and trapping rights.
If rules for hunting are not
laid down pursuant to this provision, or as part of land re-allocation
proceedings, hunting and trapping may be carried out on the property subject to
joint ownership by only one person at a time for each holder of such rights in
accordance with the first paragraph.
Section 30 The right to hunt
on rural common land
For hunting and trapping on
rural common land the provisions in Act No. 59 of 19 June 1992 relating to
rural common land, chapter 7, shall apply.
Section 31 The right to hunt
and trap on state lands
On state-owned lands not
regulated by the Act of 6 June 1975
(The Mountain Act), hunting
of small game species and trapping are permitted for all Norwegian nationals
and all persons who for the last year have been (and still are) resident in
Norway, after procurement of a game licence and payment of a fee. Hunting and
trapping by reindeer-herding Sami people (Lapps) are regulated by section 14 of
the Reindeer Herding Act.
The Ministry may issue
specific rules concerning all hunting and trapping on state-owned lands apart
from State Common Lands, including rules concerning a lower price and higher
priority in respect of hunting and trapping for permanent residents in the
municipality, and concerning the hunting rights of foreign nationals.
Section 32 The limit of the
landowner's hunting rights in relation to water
On rivers and lakes the
landowner's hunting and trapping rights stretch as far as his property rights.
Towards the sea and fjords, the landowner's rights to hunting and trapping
stretch as far as the land is dry. Outside this limit, and on shallows and
rocks that are covered at normal high tide and do not belong to any property
such as land with seal-hunting rights, hunting and trapping are permitted for
all Norwegian nationals and all persons who for the last year have been (and
still are) resident in Norway. In individual cases the Directorate may give
foreign nationals who are not resident in Norway such hunting rights.
Section 33 The landowner's
hunting rights on roads
The owner of a road with
appurtenances does not have the right to hunt and trap on this road unless he
or she also owns the adjoining land. The owner of land on both sides of the
road has the right to hunt and trap on the road, even if he does not own the
road. When a road forms the boundary between land belonging to different
owners, and none of them owns the road, each of the landowners has the right to
hunt and trap on the road.
The rules governing hunting
and trapping on roads also apply to railway lines, pipe line tracks, tracks for
power transmission lines and similar installations.
Section 34 The right of
pursuit
A person who legitimately
wounds a deer has the right to pursue and take possession of the animal also on
land where the hunting rights belong to a person other than the hunter. The
right of pursuit ceases at the end of the day when the animal entered another
person's property. The hunter is responsible for providing proof of lawful
pursuit.
The hunter shall as soon as
possible notify the municipality of the pursuit as mentioned in the first
paragraph, and of the result.
The landowner does not have
the right to hunt or catch game which is being pursued on his property in
accordance with the rules in the first paragraph. However, he may kill the
animal on behalf of the hunter when consideration for the animal so dictates.
A person practicing the
right of pursuit in accordance with the first paragraph shall not fire a shot
in another person's garden or farmyard. The hunter is under obligation to
compensate any damage which the pursuit causes to another person's property.
Section 35 Permission to
kill for persons other than the holder of hunting rights
In the case of wildlife
killed pursuant to section 12 and section 13, the Directorate may decide that
the killing may be carried out by persons other than the holder of hunting
rights.
Section 36 Rights of the
general public to hunt
The municipality shall seek
to promote a reasonable exploitation of the possibilities of hunting small game
species, where this is compatible with section 1 of this Act.
In larger areas where the
public does not have the right to hunt small game species, the municipality
shall contact the landowners with a view to arriving at an amicable agreement
concerning the sale of game licences to the general public.
When an amicable arrangement
is not achieved, the Minister, may require one or several landowners or other
holders of hunting rights to sell game licences to the public in cases where
undesirable population conditions may arise due to the fact that the landowner
over a long period of time has neglected to exploit the hunting of small game
species. The injunction shall apply for a limited period of time and may be
imposed for a maximum of five years.
The injunction may specify
the number of game licences to be sold, the distribution of licences and who is
to administer the sale. When deciding the price of the licence the usual
price-level for the area must be taken into account.
The proceeds from the game
licences shall belong to the holder of the rights. If the injunction applies to
several holders of rights, the proceeds shall be shared proportionally. If the
holder of the rights finds that he has suffered a loss by the arrangement, he
may request an official valuation to decide the matter of compensation.
Chapter VIII
Joining properties into a
common wildlife area
Section 37 Joining
properties into a common wildlife area
In order to promote proper a
rational management of wildlife, the wildlife agencies, by means of information
and planning, shall seek to organize uncultivated lands as common wildlife
areas.
If the municipality finds
that several properties should be joined into a common wildlife area, the
persons holding hunting rights shall be summoned to a joint meeting where the
municipality, in accordance with the rules prescribed by the Ministry, shall
attempt to arrive at a voluntary agreement concerning the joining of the
properties.
If agreement is not reached
pursuant to the second paragraph, a majority of the persons holding hunting
rights whose land, in the opinion of the municipality, is of greatest
importance from the point of view of hunting, may make a decision which is
binding on the others that the properties shall be joined into a common
wildlife area.
When several properties are
joined into a common wildlife area, the holders of rights may by a majority
decision pursuant to the third paragraph prescribe rules governing the practice
of hunting, sale of game licences, implementation of measures for wildlife
management and distribution of costs and the hunting bag.
Decisions made pursuant to
the third and fourth paragraphs require the approval of the municipality. A
decision made by the municipality may be appealed to the Directorate.
The Ministry issues specific
rules concerning the implementation of the provisions in this section,
including that the county governor shall act in place of the municipality when
the properties are located in different municipalities.
Section 38 Joining
properties in order to meet the minimum area requirements for hunting larger
species of game
In the case of properties
which are separately smaller than the minimum area stipulated for hunting deer,
the municipality shall try to achieve a voluntary agreement to join the
properties.
If a voluntary agreement
cannot be reached, the Directorate, on the recommendation of the municipality,
may order the properties to be joined.
The persons holding the
hunting rights may decide the distribution of the catch quota and the bag. If
agreement is not reached, the municipality shall make the decision, which may
be appealed to the Directorate.
The Ministry issues specific
rules concerning the implementation of the provisions in this section,
including that the county governor shall act in place of the municipality when
the properties are located in different municipalities.
Chapter IX
Compulsory hunter's
proficiency test, hunter's licence, quota tax and the wildlife fund
Section 39 Compulsory
hunter's proficiency test
The King may prescribe rules
governing a hunter's proficiency test which has to be passed before a person
may practice hunting pursuant to this Act, including rules about examination
fees, obligatory courses, and course fees.
Section 40 Hunter's licence
and quota tax
A person who wishes to hunt
and trap pursuant to this Act shall pay a hunter's fee in accordance with the
rates and rules prescribed by the King, including fees for delivery of extra
licence cards. The fee applies to the whole country and for the hunting year,
beginning with 1 April and ending with 31 March.
For every moose, deer and
wild reindeer permitted to be shot, a quota tax shall be paid in accordance
with the rates and rules prescribed by the King.
Section 41 Supervision of payment
of hunter's licence fee
Any person who in return for
or without payment places his hunting and trapping rights at the disposal of
another is under obligation to ascertain whether and is himself responsible
that the person concerned has paid the hunter's licence fee.
Proof that the hunter's fee
is paid, a hunter's licence, shall be carried when hunting and trapping and
shall be shown on request to the landowner, to a person acting on his behalf,
or to the wildlife inspection.
Section 42 Exemption from
payment of hunter's licence fee
The Ministry may by
regulation exempt from payment of a hunter's licence fee pursuant to Section 40
when this applies to killing and catching for scientific purposes and other
killing which is not part of normal hunting and trapping.
Section 43 Wildlife Fund
The hunter's licence fee and
the quota tax are paid into a Wildlife Fund for the promotion of wildlife
management.
Chapter X
Miscellaneous Provisions
Section 44 The right to eggs
and down
The owner or user of land
may only remove eggs and down from the nests of birds of such species at such
times and in such areas as decided by the Ministry.
On state-owned lands in
Finnmark county, persons permanently resident in the municipality shall have
the same rights as owners or users of land.
Section 45 Passage with
weapons on another person's property
Passage on uncultivated land
with fire-arms or trapping devices is prohibited where another person possesses
the hunting rights, unless this occurs for lawful purposes, and the fire-arms
are carried unloaded.
Section 46 Chasing and
decoying of wildlife
Wildlife shall not be chased
or decoyed away from another person's hunting ground. Feeding of wildlife may
nevertheless take place as part of systematic wildlife management. The owner or
user of the land may frighten or chase away wildlife when this is considered
necessary in order to prevent damage or nuisance.
The provision in the first
sentence of the first paragraph does not apply to herds of domesticated
reindeer introduced before this Act enters into force.
Section 47 Introduction of
and release new species of wildlife
Without the permission of
the Directorate, it is prohibited to introduce to Norway or to release in an
area species or subspecies of wildlife not previously occurring in the area.
Section 48 Illegally killed
wildlife shall become the property of the wildlife fund
Wildlife which is killed
illegally, kept in captivity, or introduced to Norway, or the value of the
wildlife, shall become the property of the Wildlife Fund. The same applies to
unlawful egg collections. As far as possible, the municipality shall ensure
that wildlife is preserved. When deer or beaver are killed illegally in the
hunting period the municipality may decide that the animal or the value of the
animal shall be handed over to the person with the hunting rights against an
equivalent reduction in his catch quota.
Wildlife dead by mischance
or disease, abandoned eggs, and wildlife killed for humanitarian reasons, in
self-defence or in an emergency, shall become the property of the Wildlife
Fund. The same applies to wildlife killed in accordance with a permit pursuant
to section 12 of the Act.
Section 48a Collection and
sale of protected wildlife
Nobody may collect or sell
protected game or protected eggs unless he can establish that he has necessary
permit for each example.
The King may grant exemption
for old specimens of specific species of protected wildlife and eggs that were
in private hands before this provision came into force.
Section 49 Authorization of
taxidermists and sale of wildlife
The King may issue
regulations concerning authorization of taxidermists and their obligations to
keep a written record of wildlife received and from whom it is received. The
records may be required to be shown to the wildlife agencies.
The Directorate issues
regulations concerning permission for taxidermists and others to handle, stuff
and sell dead wildlife.
Section 49a Wildlife marking
and bag records
The King may lay down
regulations for the marking and registration of dead and living wildlife,
stuffed specimens of wildlife, and eggs. This may include an obligation for
taxidermists and others to mark stuffed specimens and report details of the
taxidermist, client and specimen to a central register. The regulations may
also require the payment of a fee to help recover the costs of marking and
registration.
Section 50 The Obligation to
provide information
concerning the bag lithe
Ministry may decide that any person who has hunted or trapped, and any person
who has leased his hunting or trapping rights or sold game licences, may be
required to provide the wildlife agencies with information for statistical or
scientific purposes.
Section 51 Bounties
Bounties may be stipulated
only for wildlife species with a fixed hunting season and which cause damage.
Stipulation of a bounty shall be approved by the county governor or by a person
authorized by him in consultation with the Directorate.
Compensation for killing
pursuant to section 12 of this Act may be stipulated by the Ministry.
Chapter XI
Dogs
Section 52 Periods when dogs
must be kept on leash
In areas open to normal
traffic the owner or person in possession (handler) of a dog shall let the dog
run free only when it is accompanied in a proper manner. However, training and
breaking in of hunting dogs may only take place with the permission of the
landowner and persons holding user rights.
During the ordinary leash
season, the period from 1 April to 20 August, both dates inclusive, dogs shall
be kept on a leash or shall be properly fenced or shut in.
For specific areas, the
Directorate may, on the recommendation of the municipality or the county
governor, decide that dogs shall be kept on a leash or shall be properly fenced
or shut in at other times than specified in the second paragraph, if the
circumstances require this in order to protect wildlife.
Such a decision shall be
announced in the manner which the Directorate finds suitable, and shall enter
into force from the time of announcement unless otherwise decided.
The rules in the second and
third paragraphs do not apply to dogs used in the management of reindeer, or to
cattle dogs when used to guard cattle, or to police dogs and avalanche rescue
dogs when in service or during training. For special purposes, the Directorate
and the police may grant dispensation for the use of loose dogs during the
period when they would normally have to be kept on a leash. The decision of the
police may be appealed to the Directorate.
Section 53 Dogs running
loose
Dogs running loose without
being accompanied in a proper manner may be caught by the landowner and the
person holding hunting or trapping rights or anyone acting on their behalf, or
by the police.
Dogs running loose during
the normal leash period when they are required to be kept on a leash pursuant
to section 52, second paragraph, may be caught by anyone.
Dogs running loose during
the extraordinary period when they must be kept on a leash pursuant to Section
52, third paragraph, or which during the period when they are required to be
kept on a leash are found chasing deer may, if it is impossible to catch them,
be killed on the spot by the landowner and the holder of hunting or trapping
rights or by a person acting on their behalf, or a demand for their destruction
may be made to the court of enforcement. Such a demand shall be an aggravating
ground for mandatory enforcement under the rules of the Enforcement Act,
chapter 13. When a dog is killed on the spot, the police shall be notified immediately.
Section 54 Dogs which are
caught
A dog which is caught shall
be cared for in a proper manner. It shall be delivered as soon as possible to
the police, who shall proceed in accordance with the rules concerning impounded
animals. The owner of the dog or its handler pays any costs incurred and
remuneration for the work.
Section 55 Training area
Regardless of the provisions
in the section, the Directorate may give approval for a limited area to be laid
out as a training area for dogs. Before approval is granted, the municipality
shall express an opinion and permission shall be obtained from the landowner.
Chapter XII
Penal provisions and entry
into force
Section 56 Penal provisions
Any person violating the
rules prescribed in or issued pursuant to this Act shall be punished by fines
or imprisonment up to one year, provided that the circumstances are not subject
to stricter penal sanctions. Under especially aggravating circumstances,
imprisonment may be imposed for up to two years.
Violation of the Act is a
misdemeanour. Attempted violations are punished in the same way as a completed
misdemeanour. Negligent violation and aiding and abetting a violation are
punishable.
Section 57 Entry into force
This Act enters into force
from the date decided by the King The Act dated 14 December 1951 relating to
Game Management, Hunting and Trapping is simultaneously repealed. Rules and
provisions issued pursuant to the latter Act shall continue to apply until they
are repealed or amended, provided that such rules and provisions are also
authorized in the present Act.