Rhineland-Palatinate: The term «ecosystem-alien species»
According to Environmental State Secretary Erwin Manz (Greens), a key element of the draft law approved by the cabinet in Mainz is a stronger alignment of hunting with the forest renewal made necessary by climate change.
The content revolves around the current draft of the new hunting law in Rhineland-Palatinate, which aims to implement certain demands from the field of animal welfare.
However, it is sharply criticised that the draft does not establish sufficiently valid justifications for recreational hunting of certain animal species. Proponents of the draft argue that it contains necessary measures to protect wildlife and the ecosystem, while critics contend that it is too vaguely worded and leaves room for abuse and misinterpretation.
Among other things, the draft of the new hunting law includes a ban on certain killing traps as well as a ban on recreational hunters using dogs to hunt foxes and badgers in natural burrows. These measures are intended to minimise animal suffering and bring recreational hunting into closer alignment with animal welfare standards. The training of hunting dogs using live ducks rendered flightless is also to be prohibited.
A controversial aspect of the draft is the regulation on recreational hunting in artificial burrows. Although recreational hunting in natural burrows is to be prohibited, recreational hunting in artificial burrows remains permitted. This has raised concerns that artificially constructed burrows could be used as a pretext to continue hunting certain animal species.
Furthermore, the draft provides that invasive species may be killed without bureaucratic procedures. This is intended to prevent invasive animal species from spreading uncontrollably and damaging native ecosystems. However, the introduction of the term «ecosystem-alien animal species» has been criticized, as there is no clear definition of the term «ecosystems» and these are constantly changing. In addition, the separation between nature conservation and hunting law means that recreational hunters are relieved of their responsibility for combating invasive species. In future, landowners are to be permitted to hunt alongside the hunting leaseholder.
Recreational hunters are to be legally obliged to perform services that were previously rendered on a voluntary basis, such as in the areas of fawn rescue and wildlife monitoring. This and other measures have raised hackles within the hunting community and have already triggered a warning strike by recreational hunters initially until 31 August 2023. To add weight to this issue, the hunting association called on its members to immediately cease the disposal of found and road-kill wildlife nationwide.
The amendment is also intended to address the issue of wildlife in urban areas and provides for the training of recreational hunters as so-called urban wildlife advisors. They would then advise municipalities or citizens when, for example, wild boar encroach on towns or raccoons multiply rapidly in residential areas. Wildlife in urban areas is not a new phenomenon, but problems are increasing in Rhineland-Palatinate as well, the ministry explained.
These animals are no longer subject to a duty of care
Since «ecosystem-alien animal species» are no longer listed under hunting law, this development moves in the direction that the AG Wildtierforschung at the University of Giessen intended with its proposal — namely, removal from hunting law so that invasive animals can be classified as pests. This would allow methods to be applied against them that are prohibited in «normal» recreational hunting. What is to be considered compatible with animal welfare in this context remains to be seen.
Thus, the situation for so-called invasive animals such as raccoons, raccoon dogs and nutria is made even worse by this draft. These animals are no longer listed under hunting law — that is, as huntable animals — but are instead placed in a newly created category of their own, namely that of «ecosystem-alien animal species».
The term «ecosystem-alien» is extremely problematic, because a definition of «ecosystems» does not exist and cannot exist, as they are not static but constantly changing. Cats, too, can be «ecosystem-alien» and ¬invasive», while, for example, cows, buffalo, ibex, sheep, and chamois may, depending on the context, be ecosystem-alien but not invasive.
The simplification of «removal» — that is, the killing of raccoons, nutria, and other species designated as invasive — has proven, as the experience of the last decade shows, to be counterproductive despite the high number of animals killed. Rather, these species should be removed from the purview of hobby hunters and permitted to be hunted exclusively in concrete threat situations under nature conservation supervision, with clear objectives and outcome reviews.
It remains to be seen how the draft of the new hunting law in Rhineland-Palatinate will be further developed and whether the concerns of animal welfare advocates and recreational hunters will be taken into account. It is important to find a consensus that addresses both the protection of wildlife and the interests of nature conservation. A clear and unambiguous formulation of the provisions is of great importance in order to avoid misunderstandings and misuse. Only in this way can a modern hunting law be created that meets the requirements of animal welfare, ethics, and environmental protection.
An important question for animal welfare advocates remains whether it is appropriate for a state government and its ministry of the environment to alter a definition of the EU Commission in such a manner and introduce an entirely new and invalid term «ecosystem-alien animal species» without having coordinated with the other federal states — or with the EU Commission.
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