Legal Hub

C    HUNTING AND INLAND FISHING 

CA - HUNTER/FISHER STATUS 

 
Does the law define hunting/fishing (concept, classification, typology, as SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)? 

Does the law require a specific status for conducting any type of hunting/fishing (SUBSISTENCE,COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)? 

Does the law provides for the procedures to establish/claim these statuses? 

Does the law require that people performing  any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) must be a member of any specific association? 

Does the law define what subsistence is? Whether it is limited to nutrition and/or to other personal needs? 

If so,how does the law define the scope of subsistence hunting/fishing? 

Does the law require a specific permit prior to be entitled to perform any type of hunting/fishing (SUBSISTENCE COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS )? 

What does the law prescribe as constituting elements for a permit? Please specify. 

If these permits are required, is their validity period defined by law or by the permit itself? 

If permits are required, does the law prescribe the cost of the permit? If so, please specify the cost. 

If permits are required, does the law provide for a collective permitting system for hunting/fishing? If so, who is entitled to claim this - only the entire community, or also a subset of its members? Does the community or its sub-entity need to be formally recognised (e.g. as an association, cooperative, local community, etc.)? 

If permits are required, does the law establish rules for the issuance, suspension and termination of such a permit?  

If permits are required, does the law provide for their transfer among different holders? 

Where SUBSISTENCE hunting/fishing is subject to a permit, are there special/simplified procedures in place for permit application and issuance? 

Which kind of sanctions are imposed in case of offences (criminal, administrative) related to the status of hunter/fisher? 

CB - LICENSING: RIGHT TO HUNT/FISH IN A GIVEN AREA 

Does the law provide for any specific licence/authorization for performing any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)?  

What does the law prescribe as constituting elements for a licence? (i.e. rights and duties) 

Does the law limit, through licences, the areas in which any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) may be performed? 

If not, does the law identify otherwise the areas where any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) may be performed? 

Does the law limit, through licences, the tools and/or methods which may be used for any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)? 

Does the law limit, through licences, the period within which any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) may be performed? 

Does the law or the licence require hunters/fishers to keep records of their catches? 

If a licensing system exists, does the law prescribe the cost for aquiring a licence? If so, please specify the cost.  

If a licensing system exists, does the law provide for a collective licensing system for hunting/fishing? 

If a licensing system exists, does the law establish rules for the issuance, suspension and termination of such licences?  

If a licensing system exists, does the law provide for the transfer of licences among holders? 

If a licensing system is provided for, are its terms of validity defined by law or by the licence itself? 

Where SUBSISTENCE hunting/fishing is subject to a licence, are there special/simplified procedures in place for permit issuance? 

Where SUBSITENCE hunting/fishing is NOT subject to a licence, is there any tool/procedure in place to monitor hunting/fishing activities? 

Does the law prescribe who is allowed to conduct SUBSISTENCE hunting in a given area? 

Are there monitoring measures of any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) licence holders established by the government agency responsible for hunting/fishing areas, at central or local level? 

If monitoring measures exist, do they include the participation of local communities?  

If so, does the law require that women, youth and marginalized/vulnerable groups are associated to it? 

Does the law provide for specific measures (e.g. economic incentives and/or subsidies) to encourage compliance with SUBSISTENCE hunting/fishing rules? 

Does the law provide for consultations with concerned IPLC in regulating any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)? 

If so, does the law require that women, youth and marginalized/vulnerable groups be associated to it? 

Does the law sanction any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) conducted in the absence or in breach of a licence? If so, how? 

Does the law provide for specific forms of appeal for IPLCs against administrative/judicial/customary decisions related to hunting/fishing? 

if so, do these specific forms of appeal take into consideration the specific needs and capacities of women and marginalized/vunerable groups? 

Does the law provide for specific conflict resolution mechanisms between any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) and other activities? 

Which kind of sanctions are imposed in case of offences (criminal, administrative) related to hunting/fishing licensing? 

CC - IDENTIFICATION OF SPECIES 

Does the law provide for a list of species intended specifically for any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)? 

If the list exists, does it include scientific names, common names (in local languages) and pictures/drawings? 

Does the law provide for a flexible listing system allowing for easy amendments of the list to take account of changes in circumstances? 

Does the law provide for broad dissemination of this list including awareness raising activities?  

Does the law provide for science-based and participatory listing/delisting processes of hunting/protected species? 

If so, does the law require the listing/delisting process to specifically associate women and marginalized/vulnerable groups? 

Is the law that provides for the listing of hunting/fishing species in compliance with applicable international instruments (CITES, IUCN red list, etc.)? 

How does the law sanction any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) of protected species?  

Which kind of sanctions are imposed in case of offences (criminal, administrative) related to the identification of species? 

CD - ADAPTIVE DETERMINATION OF QUOTAS/LIMITATIONS 

Does the law provide any type of limitation quotas pertaining to hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)? 

If so, does the law require that quotas be aligned with current wildlife and fisheries management plans? 

Does the law require that quotas shall be aligned with game ranched releasing programs? 

Does the law provide for any game ranched releasing programmes?  

If so, does the law provide for these quotas to be set at local level according to a participatory procedure? 

If so, does the law provide specifically for the participation of women and marginalized/vulnerable groups in the determination of hunting/fishing quotas? 

Does the law providing for the quota-setting link it with the monitoring system? 

Does the law provide for an adaptive, science-based process to be used when establishing quotas applicable to hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS)? 

Does the law provide for a precautionary approach in quota setting when available scientific information is incomplete or out of date? 

Does the law provide for geographic limitations upon hunting/fishing? 

Does the law empower local stakeholders and subsistence hunters/fishers to contribute to quantitative and qualitative wildlife assessments? 

Does the law provide for local knowledge to be incorporated in the assessment and determination of harvest/taking levels for hunting/fishing quotas and harvest quotas?  

Does the law provide for women and marginalized/vulnerable groups to contribute through their knowledge to quantitative and qualitative wildlife assessment? How? 

Does the law provide for a tagging system requiring that:       
- validated tags cannot be reused;  
- a validated tag remains with the meat until consumed; 
- in case of game harvested for its skin, the tag must remain attached to the hide of the game until it is tanned; 
- shippers of wildlife (or parts thereof) must label all packages offered for shipment? 

What kind of sanctions are imposed in case of offences (criminal, administrative) related to the hunting/fishing quotas/limitations? 

CE - DETERMINATION FOR ADAPTING SEASONS 

Does the law provide for how and when any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) season must be set and updated? 

Does the law provide for any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) day/night time limitation? 

Does the law provide for stakeholder participation in decision-making on the hunting/fishing season/time? 

If so, does the law specifically provide for participation by women, youth and marginalized/vulnerable groups for the determination of hunting/fishing season/time? How? 

What kind of sanctions are imposed in case of offences (criminal, administrative) related to the hunting/fishing season/time? 

CF - HARVESTING/TAKING METHODS AND TOOLS 

Does the law regulate any type of hunting/fishing (SUBSISTENCE, COMMERCIAL, SPORT, SCIENTIFIC RESEARCH, OTHERS) methods and tools? If so, how? 

Does the law provide for environmental considerations when determining approved hunting/fishing tools/methods?   

Does the law provide for an age/size limit for animals that can be hunted/fished?  

Does the law provide for sex-based limitations for hunting/fishing? 

Does the law provide for a grace period prior to the enforcement of new hunting/fishing restrictions? 

Does the law provide for stakeholder participation in decision-making on hunting/fishing methods/tools? 

If so, does the law specifically provide for participation by women, youth and marginalized/vulnerable groups for the determination of hunting/fishing methods/tools? How? 

Does the law provide for self-reporting of takings by hunters/fishers?  

If self-reporting of takings is provided for, does the law specify the procedures and time limits for transmission to the competent authority? 

If self-reporting of takings is provided for, does the law link it to decision-making on wildlife management?  

What kind of sanctions are imposed in case of offences (criminal, administrative) related to hunting/fishing methods/tools? 

D    INSTITUTIONAL FRAMEWORK RELEVANT TO HUNTING AND INLAND FISHING 

DA - INSTITUTIONAL SET-UP 

Does the law define the powers and responsibilities of each level of authority, including at central and local levels, in relation to wildlide hunting and inland fishing? 

Does the law specify criteria (such as Participation, Accountability, Non-Discrimination, Transparency, Human Dignity, Empowerment, Rule of Law) according to which such powers should be exercised? 

Does the law provide for action taken by public authorities to be open to public scrutiny and assessed against measurable criteria? 

Does the law provide for special thematic tribunals dealing with hunting and inland fishing? 

DB - INSTITUTIONAL COOPERATION AND COORDINATION 

Does the law provide for mandatory coordination among authorities involved in decision-making processes? 

Does the law identify the cases and matters for which institutional coordination is mandatory? 

Does the law define procedures and/or mechanisms through which coordination can be achieved? 

Does the law ensure there is no duplication/overlap of institutional coordinating bodies? 

Do coordination mechanisms include subsidiary entities? (i.e. coordination mechanisms at the local level) 

DC - DELEGATION OF POWERS 

Does the law empower the competent authority to delegate functions to other actors? 

Does the law provide for possible delegation of powers to non-governmental stakeholders under the public monitoring system? 

If so, does the law specifically empower women, youth or any marginalized/vunerable group to take up these functions? How? 

If yes, does the law define the following with regard to delegation? 
• Functions that may be delegated; 
• Required controls on or supervision of delegated functions; 
• Procedures for making delegation; 
• Competencies/skills to be held by persons receiving delegation; and 
• Conditions for withdrawal of delegation. 

E    DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING 

EA - LOCAL CONSUMPTION/TRADE/TRANSPORT OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING 

Does the law provide for any form of spatial/personal limitation to the consumption of meat/fish generated from hunting/fishing? 

Does the law provide for any form of spatial and/or personal limitation to the sale of meat/fish generated from hunting/fishing? 

Does the law provide for any form of spatial and/or personal limitation to the transport of meat/fish generated from hunting/fishing? 

Does the law establish a traceability system for meat/fish generated from hunting/fishing? 

Does the law impose controls upon the entitlement to consume/trade/transport meat/fish generated from hunting/fishing? If this applies only to specific species or specific types of hunting/fishing, please specify. 

What kind of sanctions are imposed in case of offences (criminal, administrative) related to local consumption/trade/transport of meat/fish generated from hunting/fishing? 

Is the consumption of meat/fish (and its derivatives) generated from hunting/fishing allowed in restaurants? 

If so, is there any spacial limitation for the restaurant to sell meat/fish (and its derivatives) generated from hunting/fishing? 

EB - RETAILING OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING 

Does the law regulate the sale and/or the conditions for sale of meat/fish (and its derivatives) generated from hunting/fishing? 

If so what are these requirements? 

Does the law provide for a licensing system for retailers of meat/fish generated from hunting/fishing? 

If so, does the law provide for any incentive/subsidy, notably for women and/or vulnerable/marginalized groups, to facilitate their access to sale/processing licences? 

Are special permits required for the possession of and trade in wild animals or parts thereof by anyone other than the licensed hunter/fisher? 

Does the law require that retailers of meat/fish generated from hunting/fishing must keep records of wildlife specimens for sale? 

Does the law require that the retailers of meat/fish generated from hunting/fishing must keep records of how the meat/fish is prepared, preserved, packaged, stored or conveyed? 

Are quotas for trade of meat/fish generated from hunting/fishing set by the law? 

Does the law prescribe rules and procedures on confiscation of unlawful meat/fish generated from hunting/fishing ? 

What kind of sanctions are imposed in case of offences (criminal, administrative) related to retailing of meat/fish generated from hunting/fishing? 

F    INSTITUTIONAL FRAMEWORK RELEVANT TO DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING 

FA  - INSTITUTIONAL SET-UP 

Does the law define the powers and responsibilities of each level of authority, including at central and local levels, in relation to distribution of meat/fish generated from hunting/fishing?  

Does the law specify criteria (such as Participation, Accountability, Non-Discrimination, Transparency, Human Dignity, Empowerment, Rule of Law) according to which such powers should be exercised? 

Does the law provide for action taken by public authorities to be open to public scrutiny and assessed against measurable criteria? 

Does the law provide for special thematic tribunals dealing with distribution of meat/fish generated from hunting and fishing? 

FB - INSTITUTIONAL COOPERATION AND COORDINATION 

Does the law provide for mandatory coordination among authorities involved in decision-making processes? 

Does the law identify the cases and matters for which institutional coordination is mandatory? 

Does the law define procedures and/or mechanisms through which coordination can be achieved? 

Does the law ensure there is no duplication/overlap of institutional coordinating bodies? 

Do coordination mechanisms include subsidiary entities? (i.e. coordination mechanisms at the local level) 

FC - DELEGATION OF POWERS 

Does the law empower the competent authority to delegate functions to other actors? 

Does the law provide for possible delegation of powers to non-governmental stakeholders under the public monitoring system? 

If so, does the law create facilities to enable women, young people or any marginalized/vulnerable group to assume these functions? If so, how? 

If yes, does the law define the following with regard to delegation? 
• Functions that may be delegated; 
• Required controls on or supervision of delegated functions; 
• Procedures for making delegation; 
• Competencies/skills to be held by persons receiving delegation; and 
• Conditions for withdrawal of delegation.