Drive out

Functions of hunting

At the origin, hunting allowed a complement of flesh-colored Nourriture and various resources such as the skin, the fur, the horn, the wood, the bone, the tendons, the teeth, etc In the areas Arctique S, for the Inuit S, it was until there is a few decades the only source of food with the fishing. Hunting has also like function to push back or eliminate from predatory dangerous for the man, such as the Lion of the caves or the Ours of the caves, which could be in competition with the man to occupy some cavities or to hibernate there. The predatory ones threatening its livestock domesticates (wolf, lion, tiger…) were pursued a long time, often until their extinction in the great cattle-rearing areas.

Hunting also could be of an importance Rituel it or of Initiation of the young adults, as it is still the case at certain human groups. To be recognized like adult, formerly the Inuit young person was to face and kill a adult Polar bear with a knife or punch.

With the Neolithic Revolution and the advent of the breeding, except in the tropical forests and the polar regions, hunting for the subsistence lost much in importance. It was transformed little by little into activity of Loisir, often reserved for the dominant classes (the nobility, then the notable ones in Europe) before democratizing itself, after the French revolution in France, sometimes finding its original function during the time of food shortage.

At the end of the 20th century, in Occident, the world of hunting proposes an “ecological” function of regulation of the animal Population S, to replace the large predatory ones become rare or disappeared, in particular in the strongly anthropized areas. If the selective shooting, where it is practiced, proved reliable for a " gestion" restauratoire of populations of stags or some species, the ecological function of regulation of hunting remains very discussed, because the natural selection practiced by the large predatory ones which track and kill preferentially the young and inexperienced animals, malformés, old and sick, is only seldom comparable in its methods and its effects with the results of the shooting to the rifle, in particular for hunting of night (water birds) which does not make it possible to distinguish the state from the birds nor to even identify with certainty all the species, or concerning a multitude of species not driven out by the man (mouse, mulots and other field voles for example) which are principal preys of the wolf, the fox, etc, poisoned a long time or trapped as competitors, but that the hunter seems with difficulty to be able to replace. Moreover, certain studies let think that displacements of dogs and species Gibier or certain game introductions have important medical impacts on the wild populations. Zoonose genetic S, parasites, impoverishment or drifts, genetic pollution by introduction of exotic animals, breedings, or resulting from crossings and marronnage).

In Europe, the hunting of million animals resulting from breedings and slackened for this activity each year has functions opposite of those allotted to predatory natural.

Another problem is the massive and still preferential use of Munition S poisons (with the Plomb) containing starters made up of heavy metals. This lead is in particular at the origin of a problem engraves and proven of avian Saturnisme in spite of an evolution towards the substitution of the cartouches to lead by less toxic ammunition since the years 1980 in certain countries and for certain types of hunting. In several countries, hunting with lead cartridges is prohibited on all the wetlands (ponds, rivers, marsh, littoral…); the hunters have the obligation, in these zones, to use cartridges of steel balls, or alloys containing Bismuth.

Environmental impacts

While allowing the conservation of certain wetlands or forest as place of hunting, the hunting activity historically marked the ecosystems and the landscapes, in particular when it was accompanied by the use of fire, the dogs or drawn up raptors, of the trapping and the poison.

If a species as the Tigre with teeth of saber seems naturally to have disappeared, of many species which easily survived the three last glaciations, brutally disappeared in the northern hemisphere and in Australia, and on a certain number of islands, it because of hunting seems, well before the extension of agriculture and the cities. The prehistoric Archeology and the Paléontologie show that these extinctions always started with the disappearance of the large animals (of which in Europe Mammouth, elephant, Ours of the caves, Lion of the caves, Saïga, Megaloceros, etc). These extinctions coincided with the extension of the populations of the Homme of Cro-Magnon or its first very skilful descendants in the use of flint, the engine of sagaies, the arc, and perhaps of techniques of trapping and poisoning.

In Western Europe, at the end of the the Middle Ages, the majority of the large mammals (stag, Roe-deer, Aurochs, Bison, Reindeer, etc were in regression, except in the royal forests and the moved back zones. Even clergy could practice hunting as recalled by a parchment of the monk Abélard who prohibits to the monks that it has under his authority to drive out the bear more than two days per week. A common menu of banquet of Louis XIV could include/understand 300 stuffed bear cubs.

After the French revolution which democratized hunting, the large driven out mammals and the birds still strongly regressed, disappearing from whole areas (or completely for the Aurochs) and everywhere out of the zoos then old royal forests of Poland.

In North America, the hunters, the generalized use of the rifles very quickly caused the regression of species such as the Bison of the meadows and the total disappearance of the migrating pigeons which by flights of million birds could darken the sky and hide the sun two centuries ago hardly. The systematic demolition of the bisons was more political than because of the hunters, with an aim acknowledged to starve the Indian .

It is only as from years 1960/1970 that following the regulations, with the hunt plans (founded on the initiative of the hunters), and with reintroductions, and thanks to an artificial recharge known as “Agrainage” that these populations were reconstituted, on genetic bases impoverished, and in the case of wild boar after crossings with pigs, but not without quantitative successes, sometimes at the point to make extensive damage in the cultures or the overexploited forests, posing problems known as of imbalances sylvocynegetic). It should be noted that the human populations of the tropical and equatorial areas, except on the islands, do not seem to have made disappear from species by hunting, whereas disappearances and regressions were very significant in the moderate zones of the northern hemisphere and in Australia.

At the end of the 20th century, in several countries emerged a current in favor of an ecologically responsible hunting, represented by ANCER in France.

History and traditions in France

Mythology

The myths founders often evoke hunting that Gods or animals would have taught with the Man. Some think that the biblical opposition of Caïn and Abel could be the reflection of the supplantation of the Chasseur-cueilleur by the farmer stockbreeder. The Great wall of China could itself be interpreted like a mark of separation between people sedentarized farmers and the nomads hunters.

In the Roman Mythology, the goddess of hunting, Diane, is a woman. Historically and ethnographiquement, it however seems that hunting was primarily practiced by the representatives of the male sex in the mankind. Stress related on the detonations, the use of the dogs and of beaten.

Some note that practices avoiding the suffering of animals (hunt, many animal wounded and lost, etc) could be developed, and that in the countries and the cases where hunting is necessary for the food, it could use nonwounding traps and do without rifle, with the profit of means more " doux" to give death. : to move, except subject here -->

Origins

The practice of hunting by the first representatives of the kind Homo still makes debate within the community scientifique^,. According to some archeologists and paleontologists, the analysis of the traces of tools and bones fossil shows that our ancestors consumed also corpses of naturally died animals ^{, wounded}^, or animals or patients whom they completed more easily.

Hunting is clearly attested in the archaeological layers related to the Homme of Néandertal ^,^,. With Coudoulous and Borders It, the néandertaliens used swallow-holes as natural traps to cut down many large Bovidae (Bison S and Aurochs). It is also probable for former periods

The trapping of small animals is a very old practice. Prehistoric populations practiced an almost monospecific hunting (Mammouth, Renne) so much so that certain authors evoked a specialized hunting. It seems that the hunters-gatherers followed their game, going up towards north the summer and returning to the south to profit from a softer climate the winter. This practice encouraged a nomadism that the Inuit S and certain tribes Amerindian born still practiced there is little, but which does not exist practically any more, large animals (except the migratory birds) completely being in addition limited in their displacement by a Fragmentation écopaysagère increasing, mainly due to the parcelling out of the landscape by transport infrastructures (enclosed highways, TGV, channels with the insuperable banks, etc)

With the appearance of the sedentariness and breeding, the importance of hunting as a means of subsistence decreased for most of the populations. Already in certain ancient cultures, hunting was regarded more only as one pastime. More and more, it was often practiced only by one small portion of the population.

The Middle Ages

With the the Middle Ages, hunting had become more and more a privilege of the Noblesse and dignitaries of the State or clergy. At that time this privilege was formalized: hunting for big game was reserved for noble and the small game (hares, birds) left with the remainder of the population. Certain zones were reserved for royal huntings.

In France with the the Middle Ages and under the Old Mode, hunting is a pleasure of gentleman and a privilege seigneurial. The kings are large hunters and maintain the important crews. To be allowed with huntings of the king is one of the more great honors of the Court.

The Seigneur high-dispenser of justice has this right in the extent of its High-justice, the local lord in his Seigneurie. The Roturier S do not have this right except if they bought a Fief, a seigniory one a high-justice (ordinance on National Forestry Commission of 1669). The ecclesiastical lords, the high-retributive ladies, the noble old ones are held to make drive out in order to reduce the harmful surplus of Gibier to the cultures (ordinance of July 1701).

The poachers are feared especially because of the possibility of the wearing of weapon. The contraveners are severely punished. The edict of 1601 envisages the fine and the whip for the first infringement, the whip and the banishment for the first repetition, the galères and the confiscation of the goods to the second repetition, death in the event of third repetition. The ordinance of 1669 draws aside the capital punishment. The gamekeepers are not entitled to rifle.

To allow the existence of the Game, it is interdict to harvest before Midsummer's Day, to remove the thistles, to enclose by walls the grounds. Hedges d'" should be planted; épines" near the royal forests. It is interdict to destroy rabbits safe under the direction of the agents of National Forestry Commission (harbor offices).

In order to protect work from the peasants and harvests, the hunters should not pass in the sown grounds and when the cereals are in " tuyaux". The vines are prohibited of hunting of May 1st until the grape harvest. But these prohibitions are observed little. The hunting rights is one of more hate by the peasants.

Hunting rights

With the French revolution, hunting was popularized in Europe. With the waves of colonizations, the modes of hunting per firearm developed on all the continents and it remains a rather rural practice, which tends to being increasingly framed (Hunting permit, license, hunt plans, hunting rights…) who feeds an important economy (up to 70% of the forest incomes and usually at least 50% in France).

Many writings since the Antiquité are devoted to the techniques huntings and of trapping. The notion of hunting rights is evoked for the first time in the collection of habits of the Francs Saliens (residents of Sala or Yssel) written under Clovis (time Mérovingien) and named later on ““salic law””. The evolution of this concept was articulated alternatively through periods of permissiveness and restriction, even of prohibition.

The privilege of the hunting rights of the nobility founded by an ordinance of 1396, relayed later on by an exclusive hunting rights of the landowner and the constitution of vast hunting preserves for " pleasures of the roi" (harbor offices) the essential rules during nearly four centuries until the Revolution will constitute leading to the Abolition of the privileges in the night of August 4th, 1789. Actually, which was abolished following the night of August 4th, it is the exclusive hunting rights. Even if the hunting rights continues to be regarded as an attribute of the property right, the principle of freedom of driving out replaces the exclusive right. It is what explains why in 1844, the Parliament will adopt a compromise solution which makes it possible all to drive out with the tacit agreement of the owner.

The law of May 3rd, 1844 still constitutes, at present, the base of the organization of hunting as a whole. The game is then regarded as object of gathering and no one does not think, at the time, to manage manpower of them, nor to protect the biotopes from them. This legislation largely perduré since, supplemented by various provisions adopted during the 20th century.

The creation of specialized institutions (Superior council of hunting, Federation of hunters) intervenes in 1941. The old administration of the National Forestry Commission institutes in 1956 a contractual shot-firing pattern in certain departments via the schedule of conditions of the adjudications of hunting in national forest. In parallel the National association of the hunters of big game , at the time chaired by François To summon, engages a reflection campaign on the principles of a use of the wildlife which will end in 1963 to the law on the hunt plan (law 63-754 of July 30th, 1963).

Optional initially, this one spent fifteen years to reach its cruising speed before being made compulsory under article 17 of law 78-1240 of December 29th, 1978 for the exercise of the hunting of the stag, the roe-deer, the deer and the moufflon. It will be necessary to await a decree of July 31st, 1989 so that the hunt plan is extended to the chamois and the isard.

The structuring of the territories is profiled through law 64-696 of July 10th, 1964, known as " law Verdeille" relating to the creation of communal and inter-commune associations of hunting approved. The introduction of an administrative device of compensation for the damage of big game is born in 1969. The obligation to satisfy a prior examination to the delivery of the license to drive out intervenes in 1975. These evolutions of the national right were accompanied by the design and the application of an international law and Community relating to the conservation of the wildlife (and singularly of the migrating avifauna).

Habits

Various types of hunting

Individual hunting

Hunting in front of oneself
Hunting for the mounting
Hunting for the approach

Drive out in group

Hunting for the current dogs
Hunting in beaten
Hunting “in quiet push”
Hunting in altitude

Another modes of hunting

Hunt or Hunting
Unearthing
Trapping
Hunting for the flight
Hunting for the arc
Hunting for the collet
Hunting for the station
Hunting of night
Hunting of plain
Fauconnerie
Hunting with a Cheetah, or a Caracal

Legislation

France

In right, hunting is defined like an artificial taking away on terrestrial fauna. The law known as Verdeille defines the act of hunting like “any voluntary act related on research, the continuation or waiting of game having for goal or result the capture or death of this one” (of the Code of the environment).

Hunting rights

In France, freedom to drive out is related to the property right since the French revolution (the hunting rights before was one of the privileges which was abolished by the Revolution). It is therefore a basic right, neither within the meaning of French jurisprudence, nor within the meaning of the European Convention of the human rights.

The “democratization” of the hunting rights to the Revolution will involve a hunting generalized with the tacit agreement of the owners. There was no question at the time of protecting the species nor to maintain balances natural.

Since the years 1970, however, the need for safeguard of the environment, natural heritage emerged little by little.

Nevertheless, the law of July 10th, 1967, known as “law Verdeille”, on the contrary reinforced the hunting rights in France.

This law was first once condemned by the Court of Bankruptcy of Périgueux as being contrary to the European Convention of the human rights. This jurisprudence indicated that it was necessary to found a right of not-drives out in certain natural reserves.

But it will be necessary to await the judgment of France by the European Cour of the human rights in its stop Chassagnon C France of April 29th, 1999 so that the French legislator recognizes a right of not-drives out. It is what introduces. This law takes again the formulation of the Court, which based its decision on the personal convictions opposed to the practice of the hunting of each one (indirect reference to freedom to think). The law also requires that hunting be exerted under conditions compatible with the uses not appropriatifs of the nature and the respect of the property right (article of the Code of the environment). This last provision was removed thereafter ().

The hunting rights makes it possible to put in work certain protection measures or of management of the environment. To this end, the legislator and administration:

founds a territory of hunting,
fix periods of hunting,
envisage to protect and to manage game,
frames the sale of the products of hunting
and imposes a hunting permit.

Territory of hunting

This concept was envisaged by the law known as Verdeille , which aimed at a better organization of hunting by the creation of a sufficiently important territory of hunting.

This law differentiates the hunting rights and the Property right. This differentiation results from the will that hunting remains an activity accessible to all.

This law created the creation of Association S communal and inter-commune of hunting approved (ACCA and AICCA). There cannot be with but one association per commune. Their constitution is obligatory in 28 departments and optional in the others. In this last case, one needs the agreement of 60% of the owners gathering 60% of the communal ground so that a ACCA is created.

These associations have the aim of supporting the development of game, the destruction of the noxious animals, the repression of the poaching and education hunting of their members. They are controls by the law of the 1 {{er}} July 1901 on associations and approval is given by the Préfet of department.

Only could be opposed to the integration of their territory in the territory of association the owners of more than 20 hectares, case of the great majority (those which did not make of it the request or whose ground had a lower surface were thus seen in the obligation to let the hunters penetrate on their ground in order to drive out and were obligatorily to adhere to association). This provision was removed by the law of July 26th, 2000.

Many requests were deposited against these provisions before the European Court of the human rights. The Court condemned France by estimating that this law undermined the Right of association (which also envisages the right for any person not to join), with the principle of non-discrimination and the property right.

The law of July 26th, 2000 provides today that the ACCA and AICCA are created for 5 years and that the grounds whose owners expressed their opposition to hunting by personal conviction are not integrated in the territory of association. Thus, this law founded a “right of not-drives out” (articles and following of the Code of the environment). This right follows a special procedure:

the owner must address a letter with acknowledgment of delivery to the prefect, who must contain:

a declaration of opposition to the exercise of hunting in the name of its personal convictions (no justification being required), by which it gives up the practice of hunting on the whole of the grounds which belong to him (even if some do not interest the ACCA of which it depends, because out of the commune)
a document of title (even a right of use for the Affermage): only the owner has a hunting rights (other than the tenants), it is thus the only one with being able to have a right of not-drives out
a plan of the situation of its property and a plan of the land register

the prefect rules in the 6 months following the request (when the complete records)

The owner, when the request is accepted, is then held with certain obligations and prohibitions:

obligation to place the whole of its grounds chassables on the territory of the interested ACCA as a right of not-drives out
prohibition to require a hunting permit
obligation to carry out the indication of its grounds by panels on informing of this right of not-drives out
prohibition to consider the passage of the current dogs on its grounds as an act of hunting
obligation to proceed or make proceed to the destruction vermin and the regulation of the species present on its funds which will cause damage.

obliges the owner to drive out , while at the same time he is to him in addition interdict to drive out (since he does not have a license). Consequently, in the event of presence of noxious animals on his ground, the owner does not have an other choice, if it does not wish to be in the illegality, to withdraw its grounds of the right of not-drive out . -->

Thus, an owner had complained about the devastation of his cultures by wild boars; those had been left the hunting preserves by the hunters practitioner a agrainage (soft foods using food). In its, the 2nd civil court of the Court of appeal, although having returned to some extent responsible the federation of hunting, also recognized the responsibility for the owner, who had reserved the hunting rights (the right of not-drives out thus involving de facto the responsibility for the owner in the event of damage caused by noxious animals).

Periods of hunting

The various periods of hunting are given in a list published by the prefect of each department. For each species, it on there an opening and a closing i.e. a date from which one can drive out this game and a date on which hunting for this type of game is finished, prohibited. These periods of hunting can change from one year to another according to the conditions of fauna. The periods of hunting can also be disturbed by time (snow, storm…) but in all the cases it is the prefect who decides these conditions.

Protection of game

Management of game: destruction of the vermin

Framing of the sale of the products of hunting

The sale of game of feather is done rare since the restrictive arsenal of 1978 prohibiting the hawking of the Bécasse. The Community payments also brought the prohibition of the sale of game “in skin”. Finished displays of aligned young partridges, the whole gigue of Roe-deer to the front of the delicatessens.

Hunting permit

Criticisms towards hunting

The debate on hunting, certain types of hunting or its excesses, is extremely old. Thus, Diderot regrets in the article devoted to with hunting in the Encyclopédie that the taste of hunting “almost always degenerates into passion; that then it absorbs an invaluable time, harms health, and causes the expenditure which disturbs the fortune of large, and which ruins the private individuals”.

Hunting (and certain types of hunting in particular) been the subject of many criticisms (wrongly or rightly) on behalf of associations of protection of the animals.

the suffering of the failing animal, by contrast with the fast death of the livestock.
periods of hunting.
days of hunting.
zones of hunting (different on the Natural reserve from Platier d' Oye for example).
the species chassables (drives out with the Ortolan for example).
lâchers of species of breeding, which make degenerate the behaviors of the wild species (for example the Faisan).
the nourrissage of the wild species (corn manger supply so that the Sanglier S remain more or less at the same places).
age groups chassables.
the evaluation of the quantities of animals chassables.
relevance of the use of hunting apart from the regulation in zone of friction with the man.
the behavior of the hunters during hunting, like the collecting of the worn cartridges.
criteria of delivery of the hunting permit.
the use of the Lead, very polluting for the water levels in particular. (Prohibition to use the cartridges with lead since this year in the wetlands)
the danger which the hunters make run to the other people. During marketing year 2004/2005 in France, 25 people, all hunters, died in 167 accidents of hunting according to ONCFS. 142 people were wounded including 12 not-hunters.
the vulgarizing of the firearms.

Threats on fauna

August 1st

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