Hunting business business plan. How to rent hunting grounds. Idea for business - tourist hunting
Hunter74 08-06-2009 13:20
Hello everybody.
Colleagues, there is a question. You need a competent opinion, advice, guidance - something like that.
There are 170 hectares of land in the property. On the ground there is a forest, fields, a river. Of the beasts are wild boars, moose, foxes and wolves. There are waterfowl and field game.
Actually a question.
We want to organize a private hunting economy, but it is not clear where to start.
Is it possible to just hunt there within the permitted time frame (the land is private) or not?
If not, then where can I get a ticket for this business, what is the legal procedure for legalizing hunting on this piece of land.
Thank you.
zdoros 08-06-2009 23:33
quote: How to organize a private hunting farm
Obtain a license for the right to use wildlife on a competitive basis. The territory should amount to tens of thousands of hectares. The conditions for obtaining it are in any hunting department and in the Law "On the Animal World". On your land you can hunt on a common basis, your land is alive. the world is not. Either this is a common use site, or private hunting. economy.
Hunter74 09-06-2009 11:14
Thank you. I respect the laws.
Hunter74 09-06-2009 11:17
Then maybe tell me who to get and what documents to hunt on this land on a common basis. It is not included in any hunting grounds of any society. Maybe somewhere in the district administration?
Thank you.
Pasha911 09-06-2009 13:27
Don't make people laugh. Hunting farm in 170 hectares. We have each paddock for ungulates 2 times more than your "hunting area". But it is convenient to guard, the whole economy is visible through binoculars.
Hunter74 09-06-2009 18:03
quote: Originally posted by Pasha911:
Don't make people laugh. Hunting farm in 170 hectares. We have each paddock for ungulates 2 times more than your "hunting area". But it’s convenient to guard, with binoculars the whole economy is visible
Off-topic. This has already been discussed.
zdoros 09-06-2009 21:47
[B] Then maybe tell me who to get and what documents to hunt on this land on a common basis. It is not included in any hunting grounds of any society. Maybe somewhere in the district administration?
Thank you.
It may not be included if this territory is the so-called green zone around cities. let's say we have this territory. defined by a ring road around the regional center. This means that for hunting it is necessary to look for this collective farm ions nearby behind the pedals. Descent into youth or paradise. department of hunting, only they will give specifics. Collective farm fields, by the way, are someone's shares, and therefore property, but these fields are included in the farmland. You may be mistaken about your land.
tretyakovevgeni 05-01-2013 17:49
Can I open a hunting company on the territory of agricultural land (3 thousand hectares) that I own? And where is it written in law?
------------------
farmer
Naum 05-01-2013 17:52
follow the topic
BOLT2000 05-01-2013 18:04
note.interest.
Urginec 05-01-2013 18:17
I looked for such documents a year ago, I did not find anything.
maybe you will be lucky
BOLT2000 05-01-2013 18:57
quote: maybe you will be lucky
+1000!
zdoros 05-01-2013 19:43
quote: hunting society
It is more correct to write the hunting ground.
Hunting farms, as a rule, are located on the territory of agricultural land.
You need to see if your territory is part of an existing hunting area, and if not, look at Federal Law 209, everything is spelled out there.
Mirror "ze 05-01-2013 19:48
Well, if you are already a farmer, then you can already create a society.
And on the ground with you - a "footcloth" has already been issued to you or is there a current entry in the collective farm book ???
BOLT2000 05-01-2013 21:19
quote:
And how should it be to create a hunting farm?
zdoros 05-01-2013 21:23
quote: And how should it be to create a hunting farm?
Mikhail_RnD 06-01-2013 03:32
Ownership of land and the right to use hunting resources are in no way connected with each other. To understand the mechanism for fixing hunting grounds, read the law "On hunting and conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation" ..
To begin with, it is necessary that in your subject the total area of the OOU should be more than 20% and these 3 thousand hectares of yours were included in it.
Mirror "ze 06-01-2013 03:36
As I understand it, Eugene wants to get by with little blood, well, Schaub does not run into additional rent ... So the question is not unimportant:
quote: And on the ground with you - a "footcloth" has already been issued to you or is there a current entry in the collective farm book ???
There is another moment, did you buy it at an auction or did you inherit the shares ... or did you give it to someone or something else ???
You Zhen are not silent, otherwise it surrenders - it’s not really right for you ....
Mikhail_RnD 06-01-2013 04:16
quote: ... there is still a moment, did you purchase it at an auction or inherited shares ... or gave it to someone or something else ???
What are you talking about? There is no difference, here the question is about the use of hunting resources, and not about the land.
as-hunter 06-01-2013 07:26
quote: Can I open a hunting company on the territory of agricultural land (3 thousand hectares
http://www.consultant.ru/popular/obob/
In order to conclude a hunting agreement, it will first be necessary to find out whether there is a hunting user there now. According to the court, deprive him of the right to hunt, then show up on this territory and win the auction.
Mirror "ze 06-01-2013 14:33
quote: ... there is a question about the use of hunting resources ...
(speculation)
Yes, there seems to be no word in the first post about use, or about resources ...
There are some words about the company ... but the authorized capital and the address are important for the society ... But Evgeny did not say anything,
... the land you have - a "footcloth" has already been issued to you or is there a current entry in the collective farm book ???
zdoros 06-01-2013 14:42
quote: Yes, there seems to be no word in the first post about use, or about resources ...
No, but most likely he meant hunting management. Because his interests are hunting, and hence all our advice.
Mikhail_RnD 06-01-2013 14:49
The branch is called "the legislation on hunting". Therefore, it is reasonable to assume that the question is about this. Otherwise, the question would be identical to the question "can I open a society of lovers of Mexican cuisine on my land?" Now hunting society is no different from any other public organization.
tretyakovevgeni 06-01-2013 22:34
First of all, I would like to thank everyone who cares for the discussion! I see that I'm not the only one interested in this question. I describe my situation. I purchased land from LLP shareholders (total 3,000 ha). Agricultural land. At the moment, a survey has been carried out and I have in my hands a certificate of ownership for the entire volume with a specific allocation of boundaries. My lands border on existing hunting grounds. Can I create my own hunting farm on my lands? In what law can all this be found? Is there a minimum area for establishing a hunting farm? Did my neighbors have the right to include part of my areas in the boundaries of their hunting grounds without my consent?
Mirror "ze 06-01-2013 23:33
quote: Originally posted by tretyakovevgeni:
I have in my hands a certificate of ownership for the entire volume with a specific allocation of boundaries.
This is how to understand - for the entire "collective farm" ???
Or ... as a result of land surveying, a cadastral number was assigned to a new site ??? ... do you have a cadastral passport for a new plot in your hands ???
You left the LLP, and the k-passport and the sale and purchase agreement were registered with the Main Department of Justice (with the Registrar) ??? And you have already been given a certificate on the ground.
Did you just register the Shares for yourself??? Remained in LLP??? and conducted a land survey and as a farmer - use this site ???
You have been issued a certificate for ... a share.
Explain...
What do you have in the certificate in the column - easement ????
as-hunter 07-01-2013 08:14
quote: My lands border on existing hunting grounds. Can I create my own hunting farm on my lands? In what law can all this be found? Is there a minimum area for establishing a hunting farm? Did my neighbors have the right to include part of my areas in the boundaries of their hunting grounds without my consent?
Those. there are no hunting grounds on your territory now?. For reference, there are fixed hunting grounds and public access grounds. What's in your area? It is possible to conclude a hunting user agreement in accordance with the law on hunting. This requires agreement with all land owners. If the hunting farm was established earlier, then the hunting farm will exist until the period specified in the contract. Or the contract can be terminated by the court.
If, nevertheless, you create a hunting economy, what are you planning to hunt? It may happen that the number of animals on 3 thousand hectares will be such that they simply will not open the hunt for you.
And once you own the land, you do not automatically get the right to own the wildlife that lives on your lands. Wildlife can only be obtained for use (temporary) The right to use wildlife does not depend on the ownership of land. If on your territory there are public lands, then each hunter, having received a permit for the extraction of hunting resources, has the right to hunt in this territory, observing the laws of the Russian Federation
tretyakovevgeni 07-01-2013 11:19
I plan to hunt both upland birds and ungulates, and what is the minimum number of ungulates (elk, wild boar, roe deer). What is it attached to: to ha or to the features of the area?
tretyakovevgeni 07-01-2013 11:25
Now in the certificate I found the graph. I quote "Existing restrictions (encumbrances) of the right: what is not registered in the Unified State Register of Rights to Real Estate and Transactions with It (day, month, year) registration record N ..."
as-hunter 07-01-2013 14:14
quote: I was not a member of the LLP, I stupidly bought shares from the shareholder under a sale and purchase agreement (using the services of a notary), then completed a set of works and received certificates of state registration of the right to the entire amount of land. In the certificate, the type of right is property, and a cadastral number is assigned. And where is this SERVICE written in the certificate at all? I don't know what it is and I couldn't find it anywhere in the documents.
Now I do not know if there are active hunting farms on my land. The hunting grounds bordering me are fixed hunting grounds.
I plan to hunt both upland birds and ungulates, and what is the minimum number of ungulates (elk, wild boar, roe deer). What is it attached to: to ha or to the features of the area?
It doesn't matter who owns the land. Our land and the animals that live on this land are two different things. (Use is based on different laws) All lands are someone else's. And hunting users are not always land users or owners. On the lands of leshozes there can be a private hunting user, on a collective farm territory or on a private one, a society of hunters or any other legal entity can be a hunting user. Before creating a hunting economy, you need to find out whose lands are now on your land. If the lands were given for use a long time ago, they have a long-term license, if last year - then a hunting user agreement. In any case, the right to use is given for a certain period. This right can only be challenged in court. If your territory now has public land and its area is more than 20% of all hunting grounds in your region, then you can apply for a hunting agreement. An auction will be announced and the one who pays the most will use the wildlife on your territory for up to 49 years. Not sure if it will be you.
Mirror "ze 07-01-2013 15:10
Does a Public Ease fit into a "Certificate of Ownership"???
Or is he on that and ...!??
But after all, he (servitude) is somehow canceled ... but how (?), if not - property?!!
Mirror "ze 07-01-2013 15:17
Well, like this
quote: Originally posted by tretyakovevgeni:
Existing restrictions (encumbrances) of the right: not registered
those. Public easement - canceled?!!! ... or does this phrase refer to a private easement?!!
(Need old man - opdo)
Mirror "ze 07-01-2013 18:26
FZoOh, Article 26. Restrictions on land rights within the boundaries of hunting grounds
tretyakovevgeni 07-01-2013 20:31
those. in your opinion, the state, represented by the Ministry of Natural Resources, leases my land, my property to some society for rent. Without my consent, regardless of my opinion. It collects tribute in the form of taxes and in the form of rent from me as the owner and from tenants, I understand where we live, but common sense must be present. I am the owner of a certain territory can be limited in my rights by the tenant to whom this territory was leased by the state. It turns out that the tenant has more legal rights than the owner.
as-hunter 07-01-2013 20:40
No one is renting your land. And gives the right to use the animal world that lives on your land and considers it his own.
Naum 07-01-2013 21:13
Do you have agricultural land?
Mirror "ze 08-01-2013 02:30
if "Public servitude is canceled"!, then no one can hunt on your land! Neither you nor anyone!!!
Here is the reproduction of wild "..." - please, and the prey - hell !!!
only - "population control" (shoot crows) !!!
If you complain that the moose are bugging you - the GOI will come (many, maybe many, many) and take everyone away, but you don’t care - hell.
In general, OZHM will use you, but you will not!!!
(just kidding, but only)
Mirror "ze 08-01-2013 17:02
As a joke:
Software item 2
"2. These Rules do not apply to relations related to the use and protection of wild animals kept in captivity and owned by legal entities, individual entrepreneurs, individuals in accordance with the legislation of the Russian Federation."
Mirror "ze 10-01-2013 12:27
Continuation of the joke:
If the Rules (!) do not apply to you, this does not mean that the Law does not apply to you !! ipec:
Mirror "ze 10-01-2013 01:39
(...ah, seriously now)
- Namely: FZ_OZHM and PI_OZHM, at least ...!
And then if you get the Oh.Dep of the Region to include in the PI_OZHM about the "regulation of the number" on agricultural land that is in private ownership (although there are some questions here).
Hunter22 11-01-2013 15:35
tretyakovevgeni,
Check with the subject's Ministry of Natural Resources if there is any hunting ground in your area. If yes, then it will be either problematic or impossible for you to get hunting grounds until the end of the hunting user agreement. Hunting is an easement that is enshrined in law. In other words, it is possible to hunt and maintain a hunting economy in your territory without your permission. You also have no right to prohibit or restrict hunting.
fencer_al 11-01-2013 15:59
I read the topic, it became interesting.
Do I understand correctly that under our legislation, having ownership of a piece of land (for agricultural purposes), I do not have the right to restrict the passage of third parties to it? For example, fence the entire site.
Those. in other words, I have a field, every cabbage / potato grows on it.
Various game is fed from the field. Game can use the harvest, hunters have the right to enter the land. I have no right to touch the game, nor to drive hunters.
Hunter22 11-01-2013 16:30
And there is.
If someone causes damage to crops or other property, then it is recovered in accordance with the law.
Mirror "ze 11-01-2013 16:41
quote: If someone causes damage to crops or other property, it is recovered in accordance with the law.
And if this one - someone is - OZHM ??? Who to ask?
Hunter22 11-01-2013 18:22
From the owner of OZHM
Mirror "ze 11-01-2013 18:32
And in addition, ask him (From the owner of the OZHM) - "Fence", ...
and insurance for causing harm to third parties. Oh how!
zdoros 11-01-2013 19:11
quote: From the owner of OZHM
And this is our government.
BOLT2000 13-01-2013 11:39
quote: From the owner of OZHM
From so...
al-rad 14-01-2013 06:39
And if you become the owner of this very OZHM? Permission from the MP for semi-free keeping? The so-called "park hunting"?
BOLT2000 14-01-2013 07:17
Interesting.
Mikhail_RnD 14-01-2013 12:54
quote: And if you become the owner of this very OZHM?
Only an aviary.
Or start a zoo
al-rad 14-01-2013 23:55
And yet, the conclusion of a hunting agreement is primary
.mosreg.ru/pages/932051.aspx
Mirror "ze 15-01-2013 12:36
quote: Originally posted by al-rad:
al-rad
You are about "maintenance and breeding of hunting resources in semi-free conditions and artificially created habitat"
IMHO: I dare to suggest that all this fun should be made on the leased sovereign lands. (correct)
with private - ???????
I recall a case (let it be on the radio, let it be a story) that as soon as Luzhka was released, they urgently gathered the Duma and accepted it quickly ... they say a private trader (his wife had land in Belgorodskaya) cannot secede from the Russian state if his lands are border...
It seems like the lands were not taken away ..., not that ...
BOLT2000 15-01-2013 08:27
quote: separates from the Russian state, if its lands are - border ....
Figase! And if NOT border!?
Mikhail_RnD 15-01-2013 09:16
quote: I dare to suggest that all this fun should be carried out on the leased sovereign lands.
It's not written down anywhere.
Mirror "ze 15-01-2013 20:01
quote: Originally posted by BOLT2000:
And if NOT border!?
OFF: that is, the procedure stipulated by the Legislation...
In the described TS case with a 5x6 km section. a private trader once "stares at the fees for flying over the territory of Russia !!!
Mirror "ze 15-01-2013 23:58
Z "z IMHO: I dare to suggest that ...
Mikhail_RnD: It's not registered anywhere.
Well, yes, that’s why they and (my) assumptions, except for how they are not spelled out !!!
And you develop, but Schaub according to the law ... (no, well, I don’t insist, this is IMHO)
BOLT2000 18-01-2013 07:02
Maxim_vl 31-01-2013 08:56
An interesting topic, I myself am considering such an option as registration of land for farming.
Purpose of land for farming - farming (from growing vegetables to breeding animals + there is ecological tourism in my opinion)
Hunt. land - only lease for use for hunting purposes (human, commercial, etc.)
I believe that if the land is owned, then in this case there is a place to be the right of ownership! This right is inviolable and regulated from the Constitution to the Civil Code. On the basis of these regulatory legal acts, including the law on hunting, are adopted.
Actions Art. 26 may contradict the concept of property rights, namely, if you enclose your site with a fence + there will be a house on the site, then being and shooting on such a site or near the house is prohibited, as property rights are violated. I think easement has nothing to do with it, since there can be 1) crops on the site, animals are bred (including a deer farm and antler cutting farm) or a pheasant, rabbit or sheep breeding farm .. and, accordingly, how will you kill these animals (using a sledgehammer or a gun) does not matter. The use of your property is again at your discretion.
Also, the very concept of hunting is tracking, chasing and taking wild animals in their habitat (i.e. in a forest, field, swamp, etc.) and not in a farmer's field or farmer's paddock.
Mikhail_RnD 31-01-2013 11:12
Not right.
Hunting grounds mean all habitats of Hunting Resources, incl. and agricultural land (arable lands, pastures, etc.).
According to the federal law "On the Animal World", the rights to use land and ozhm are separated.
The territory of the hunting area is the territory within the boundaries of which hunting users are granted the right to use hunting resources, which they, in turn, re-grant to hunters on legal grounds.
Thus, in the presence of permits, the hunter has the right to obtain a hunting resource, incl. and on the territory of agricultural land that is in private ownership.
A landowner who prevents a hunter from obtaining a legal right is breaking the law. In some subjects, for such cases, there are even special articles in regional laws on administrative offenses - "for preventing a hunter from accessing hunting grounds for the purpose of hunting if he has documents giving him the right to hunt."
Mirror "ze 05-02-2013 17:14
Good afternoon, Eugene!
How are you with the "opening and registration of a hunting society", what did they tell you in OkhotDepe ???
Can you create their lands - own hunting ground?
To be honest, I don’t understand at all how you managed to find out that
tretyakovevgeni: "The hunting grounds bordering me are fixed hunting grounds."- Where?? - OBS?
Recently visited "reasoning", you can read
(for starters, read diagonally, over time it will get better)
Maxim_vl 07-02-2013 09:28
quote: Wrong. Hunting grounds mean all habitats of Hunting Resources, incl. and agricultural land (arable land, pastures, etc.). According to the Federal Law "On the Animal World", the rights to use land and ozhm are separated. grounds. Thus, in the presence of permits, the hunter has the right to obtain a hunting resource, incl. and on the territory of agricultural land that is in private ownership. A landowner who prevents a hunter from obtaining a legal right violates the law. In some subjects, for such cases, there are even special articles in regional laws on administrative offenses - "for preventing a hunter from accessing hunting grounds for the purpose of hunting if he has documents giving him the right to hunt."
Good afternoon!
Wrong what?
According to Art. 1 Federal Law of July 24, 2009 N 209-FZ (as amended on December 6, 2011) "On hunting and the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation"
Clause 15) hunting grounds - territories within the boundaries of which it is allowed to carry out activities in the field of hunting;
According to Art. 7 Federal Law of July 24, 2009 N 209-FZ (as amended on December 6, 2011) "On hunting and conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation"
The boundaries of hunting grounds include lands, the legal regime of which allows the implementation of activities in the field of hunting.
2. Hunting grounds are subdivided into:
1) hunting grounds used by legal entities, individual entrepreneurs on the grounds provided for by this Federal Law (hereinafter referred to as fixed hunting grounds);
2) hunting grounds in which individuals have the right to freely stay for the purpose of hunting (hereinafter - public hunting grounds).
3. Publicly accessible hunting grounds must be at least twenty percent of the total area of hunting grounds of a constituent entity of the Russian Federation.
4. Hunting grounds may be used for one or more types of hunting.
About the division of the animal world and the right to use the land! Why did you write this, I do not understand, but,
Federal Law No. 52-FZ of April 24, 1995 (as amended on November 21, 2011) "On the Wildlife"
Article 2. Purposes of this Federal Law
This Federal Law regulates relations in the field of protection and use of the animal world and its habitat in order to ensure biological diversity, sustainable use of all its components, create conditions for the sustainable existence of the animal world, preserve the genetic fund of wild animals and other protection of the animal world as an integral element of natural environment.
(as amended by Federal Law No. 209-FZ of July 24, 2009)
This law regulates what is specified in Art. 2 ..and there is no land regulation there and will not be, as it is regulated by other rules of law.
Federal Law No. 74-FZ of June 11, 2003 (as amended on December 25, 2012) "On the Peasant (Farm) Economy"
Part 3 Art. 11 Article 11. Land plots provided and acquired for the creation of a farm and the implementation of its activities
Land plots provided and acquired for the creation of a farm and the implementation of its activities are formed in accordance with the land legislation of the Russian Federation.
You wrote “Thus, if there are permits, the hunter has the right to get a hunting resource, incl. and on the territory of agricultural land that is in private ownership.
Here I believe that you are a little mistaken.
Despite the fact that Art. 26 Federal Law "On Hunting and the Conservation of Hunting Resources and on Amendments to Certain Legislative Acts of the Russian Federation"
Article 26 Restrictions on rights to land within the boundaries of hunting grounds
1. The right of ownership of individuals, legal entities to land plots and other rights to land within the boundaries of hunting grounds are limited in accordance with this Federal Law and other federal laws.
2. On lands and land plots that are located within the boundaries of hunting grounds and are not leased to legal entities and individual entrepreneurs who have concluded hunting agreements, hunting is carried out in accordance with hunting agreements.
In this case, there is a public easement, i.e.
"... A public easement is an easement established in relation to a land plot by a law or other regulatory legal act of the Russian Federation, a regulatory legal act of a constituent entity of the Russian Federation, a regulatory legal act of a local government body, to ensure the interests of the state, local government or local population. In regulatory legal acts, the obligation of the body that established the servitude to pay to the person whose land plot is encumbered with the servitude, a proportionate fee for the servitude may be established, and the amount of this fee may also be established ... "
but there is also a gap in the law, since the content of the property right:
"...1. The owner owns the rights of possession, use and disposal of his property.
2. The owner has the right, at his own discretion, to take any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of other persons, transfer to them, remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in another way ... "
Extract from document:
"Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ
(as amended on 12/30/2012)
(as amended and supplemented, effective from 02.01.2013)
Thus, the owner has the right to use and dispose of his property.
EXAMPLE: on the territory of the hunting farm there is an oleinik, for breeding deer and getting antlers of a young deer. Oleinik covers an area of 100 hectares. Oleinik is fenced. And YOU want to say that a hunter who has all the permits for shooting a deer (spotted, noble, etc.) can safely enter the territory of the oleinka and remove the 1st deer from the habitat according to the existing license ???
A rule of law to the studio that this hunter would violate my right of ownership - namely, shoot a deer that belongs to me by right of ownership?
The same example can be considered with the breeding of other species on the farm (ducks, turkeys, pigs, sheep, rabbits, horses, etc.)
Ch 2 tbsp. 11 Federal Law No. 74-FZ of June 11, 2003 "On the Peasant (Farmer's) Economy"
For the construction of buildings, structures and structures necessary for the implementation of the activities of a farm, land plots from agricultural land and land of other categories may be provided and acquired.
Now the situation is different. Members of the farm have built their own houses on the territory of their farm. So, according to the current legislation, namely clause 16.1 of the Order of the Ministry of Natural Resources of Russia dated 11/16/2010 N 512 (as amended on 09/05/2012) "On approval of the Rules of hunting" (Registered in the Ministry of Justice of Russia on 02/04/2011 N 19704)
states that - it is PROHIBITED to harvest game animals using hunting firearms and (or) pneumatic weapons closer than 200 meters from housing;
YOU WRITE - A landowner who prevents a hunter from obtaining a legal right is breaking the law. In some subjects, for such cases, there are even special articles in regional laws on administrative offenses - "for preventing a hunter from accessing hunting grounds for the purpose of hunting if he has documents giving him the right to hunt."
Specify the subject and current regulations???
Mikhail_RnD 07-02-2013 13:38
Firstly. article 78 p3 of the Land Code "3. The use of agricultural land or land plots as part of such land is allowed for activities in the field of hunting, unless otherwise provided by this Code."
Secondly, about
quote: About arable land, pastures and so on, this is your personal speculation and views !!!then in the 79th article of the same document we read "1. Agricultural land - arable land, hayfields, pastures, fallow lands, lands occupied by perennial plantations ...".
Regarding the fact that there are gaps in the law, this has long been known. In our legislation, many issues are not regulated with absolute clarity, the issue of ownership of agricultural land is one of them.
However, your quote about the content of property rights nowhere contradicts the right of hunters to extract hunting resources on private agricultural lands. The only possible option to prove the opposite is to establish in court that, for example, the presence of hunters on any land plot does not give you the right to use your right - for example, to harvest or something like that.
Your example about a deer is incorrect, since a deer kept on a farm (i.e. in captivity, and you will not read how they differ from semi-free keeping in any official document - another gap in the legislation) is not a hunting resource, but is property farmer and hunting legislation does not apply to him.
About the rules of hunting - the point you cited in no way relates to the topic we are considering. This paragraph establishes the safety standard, read it again yourself. In addition to firearms and pneumatic weapons, there are also edged weapons, traps, and other non-prohibited hunting tools that are not prohibited from extracting hunting resources at least 1m from housing, provided that it is within the boundaries of hunting grounds.
quote: Specify the subject and current regulations???
Well, purely offhand - Article 2.22 of the law of the Samara region. dated 01.11.07 N 115-GD, it is immediately clear that you have not come across legal practice in such surveys. Judicial practice on such issues is very scarce and peculiar, and practically excludes the formulation of the question as it sounds in your post. There really is a certain gap here, since there are no provisions in the legislation that would unequivocally remove all questions in this regard.
In general, I hope that I explained it clearly, but if you don’t know how to read the arguments, and in a dispute, look only for confirmation of your point of view as a landowner, it is better to stop communication.
dEretik 07-02-2013 23:26
Baltes_vrn 11-02-2013 20:16
In order to protect the deer with a fence, it is necessary to withdraw the land from agricultural circulation. Change the type of permitted use. Any fence, if it prevents me from passing, violates my right. Only private lands can be fenced. And the ownership of agricultural land has limitations. In addition, if deer are bred without permission, then it is difficult to prove the intent of a hunter who has a permit for such a resource to encroach on private property. Hunting resources belong to the state.
And here you are wrong, recently I had a conversation in the hunting inspection about breeding wild boar and sika deer in semi-free conditions. to which the answer was received, I can breed Boar if I have a license for the free keeping of wild animals, but they don’t give it without hunting a user agreement. But the sika deer is a farm animal and I don’t need any licenses to breed it. So there is no need to withdraw land from agricultural circulation. And if I breed deer, then I can fence my land. And if you don’t believe that deer and deer are farm animals, read the following
Article 7. Objects of agricultural insurance
2. In case of agricultural insurance of farm animals, the objects of agricultural insurance are the property interests of the insured, the beneficiary associated with the risk of loss (death) of the following types of farm animals:
1) cattle (buffaloes, bulls, oxen, cows, yaks);
2) small cattle (goats, sheep);
3) pigs;
4) horses, hinnies, mules, donkeys;
5) camels;
6) deer (deer, spotted deer, reindeer);
7) rabbits, fur-bearing animals;
8) poultry of egg-laying breeds and poultry of meat breeds (geese, turkeys, chickens, quails, ducks, guinea fowls), broiler chickens;
9) families of bees.
http://mcx.ru/documents/document/v7_show/16708.160.htm
Mirror "ze 11-02-2013 22:11
quote: Originally posted by dEretik: it is necessary to withdraw the land from agricultural circulation.
And then what will her purpose be - the land of settlements ???
Maxim_vl 12-02-2013 04:50
quote: quote: Originally posted by dEretik: it is necessary to withdraw the land from agricultural circulation. And then what will her purpose be - the land of settlements ???
Agricultural lands that are part of the lands of settlements or inter-settlement lands that are part of the lands of the municipal district! In my case, the first option and so far so.
The land is fenced off for oleinik (or breeding of sheep, pigs, etc.) and no one will be able to hunt on it because it is my property (Part 2 of Art. 86.1 of the Civil Code of the Russian Federation - The property of a peasant (farm) economy belongs to him on right of ownership) and on this land I carry out activities in the form of breeding animals of a certain type, including deer or pigs. These livestock are my property, as they were purchased by me and are part of the property complex of the farm.
You can fence off any land if you have it on a legal basis of use (ownership, lease, gratuitous use, etc.) and if there are no restrictions on use, in particular, on the installation of a fence or access to the land of other persons.
The pepper is clear that you can’t physically protect and control 500 GK, but it’s not a problem to protect 50 GK and I don’t think it’s a problem to control either.
Mirror "ze 12-02-2013 09:56
quote:
You can fence off any land if you have it on a legal basis of use (ownership, lease, gratuitous use, etc.) and if there are no restrictions on use, in particular, on the installation of a fence or access to the land of other persons.
However, it does not follow from this text that:
- lease - long-term from the state,
- non-use - from a private trader (owner),
and public easement - OU, abolished.
IMHO: various legal regimes of land use are mixed
A considerable number of amateur hunters perceive hunting as an exclusively collective event. And it is almost impossible to find a person among the hunting fraternity who would never participate in a collective hunt. However, with the current level of legal literacy (or rather illiteracy) for most hunters, many important legal nuances of collective hunting remain a “dark forest”, which can be fraught with unpleasant surprises when dealing with supervisory authorities.
Modern domestic legislation defines collective hunting as hunting with the participation of two or more hunters, "in which joint coordinated actions are carried out aimed at the discovery and production of game animals."
At the same time, separate special requirements for the organization and "paper" registration of collective hunting are presented only in the case of such a hunt "for one permit", if ungulates, bears and, more recently, wolves become its object. Such a list is understandable, because ungulates and bears are “piece goods”. Almost all of them (with the exception of the wild boar) are limited species, and, in most cases, they are hunted in quantities much less than the number of participants in the hunt. The wolf, as an animal recognized as a primary pest for hunting, is included in this list to simplify the registration of hunting for it (including hunting for the purpose of population control), which was previously complicated by a number of legal conflicts, a detailed description of which would go beyond the scope of this article .
The rules of hunting introduced the concept of "a person responsible for conducting a collective hunt." For brevity, hereinafter we will refer to such a person simply as “responsible”. This term has a legally important meaning only in the above cases of hunting “with one permit” for a group. In the case of such hunting in fixed hunting grounds, the “responsible” may be an authorized representative of the hunting user or a person in whose name a permit for the extraction of hunting resources has been issued. In the case of hunting in public areas, the “responsible” person will be the person in whose name the permit is issued.
The “responsible” is obliged to check the availability and correctness of filling out the documents, draw up a list of participants in a collective hunt, conduct a safety briefing and the procedure for conducting a hunt, after which all its participants are required to sign in the list of hunters, which is also a safety briefing sheet.
Given the increasing frequency of accidents, when comrades of unlucky shooters who neglect safety precautions suffer instead of hunting animals, it is worth dwelling on it in a little more detail.
So, although this is not directly spelled out anywhere, but, according to the logic of the law, safety precautions, for which the hunter must sign for instruction, includes the provisions of two existing regulations.
Firstly, these are the requirements that are mandatory for execution, prescribed in the Hunting Rules. “Mandatory for execution” in this case means that for their failure to comply, even if there were no consequences, the hunter should be held administratively liable.
So, the Hunting Rules “in order to ensure safety in the course of hunting” prohibit: to carry out the extraction of game animals using hunting weapons closer than 200 meters from housing; shoot "at the noise", "at the rustle", at an unclearly visible target; shoot at game birds sitting on wires and supports (poles) of power lines; shoot along the line of shooters (when the projectile can pass closer than 15 meters from the neighboring shooter); organize a corral of game animals, in which hunters move inside the corral, surrounding the animals that are in the corral; shoot at information signs.
The second "hunting" regulatory act containing safety requirements is the order of the Ministry of Natural Resources of Russia "On approval of the requirements of the hunting minimum." In this document, the safety requirements are described in more detail, however, due to the “non-enforcement” nature of this act, they, in fact, have the status of recommendations. In addition to repeating in a slightly modified form the prohibitions set forth in the Rules of Hunting, a number of requirements appear in the hunting minimum, for example, “when carrying out collective hunting, it is not allowed to leave the places previously determined by the person responsible for conducting collective hunting (shooting numbers), without oral permission of such person” or “when approaching an injured animal, special care must be taken, given the degree of its danger.” Also, this document refers to the inadmissibility of pointing a weapon at a person, the use of cartridges not intended for firing from this type of weapon, faulty cartridges, cartridges with an expired shelf life and misfire cartridges, as well as the need to always handle hunting firearms as if it's loaded and ready to fire.
Theoretically, upon receipt of a hunting license of a single federal sample, each hunter is obliged to familiarize himself with the requirements of the hunting minimum, which he confirms with his signature. True, given that at the moment the legislation does not provide for any verification of knowledge of these requirements, it is not surprising that many hunters have a very remote idea about them.
However, let us return to the legal aspects of collective hunting. There are several “typical” dangerous moments, due to which hunters, in general, due to the fault of “unafraid” hunting users, may have “law enforcement troubles”.
Firstly, the provision of the Hunting Rules that when carrying out collective hunting, each hunter must have with him a full set of documents provided for by the Hunting Rules, “with the exception of the collective hunting of ungulates, bears, wolves, in the course of which permits for the production of hunting resources are held by the person responsible for collective hunting”, is not read carefully enough by many hunting users. The moment that an exception is made in terms of having a permit for the extraction of hunting resources, but not in terms of a voucher, regularly falls out of their attention. When hunting collectively in assigned hunting grounds, each hunter must have a ticket! If a principal inspector appears during the hunt, this moment can lead to a disruption of the hunt and other, more unpleasant consequences for the entire team, and especially for the “responsible” (if he is an official of the hunt user).
Secondly, in the Hunting Rules there is currently a ban on the use of collective hunting "for the production of game animals of semi-automatic weapons with a magazine with a capacity of more than five rounds." Moreover, as law enforcement practice shows, despite a clear indication that only “use” and only “for the extraction of animals” are prohibited, troubles can arise even because you simply have such a weapon, and sometimes even just because you have a disconnected magazine with a capacity of more than 5 rounds .
There is one more important point regarding the hunting of ungulates in fixed hunting grounds, which cannot be ignored. Such hunting is usually an expensive pleasure. And the scheme, as with a "trifle" - "buy a ticket and go hunting, and whether you get it or not - your problems" - naturally, most hunters do not like it. Of course, sometimes a hunter (or a team) simply “buys out” a permit for himself and hunts on it “to the bitter end”. However, in practice, the most common way to organize such a hunt is to issue a permit in the name of the huntsman, who each time draws up a collective hunt, the participants of which pay for the prey already “after the fact”. With such an organization of hunting, competent hunting users draw up a written contract, sometimes with a large number of conditions and payment options, depending on the condition of the hunted animal. From the point of view of hunting legislation, in general, no claims can be made against such an organization.
Another thing is that sometimes completely de facto “non-collective” hunting, for example, from a tower, is formalized in the same way. And if two hunters, sitting a couple of kilometers from each other on different towers, with a big stretch can still be called "carrying out joint coordinated actions aimed at detecting and hunting game animals", or at least argue about their status, then the situation is "one the hunter is on the tower, the huntsman has permission, the huntsman is at the base "does not fall under the collective hunt at all. This point should be borne in mind by discussing in advance all possible options with the hunting user.
Of course, for most amateur hunters, hunting is primarily recreation. And during the rest it is not very pleasant to fill your head with all sorts of papers, orders and other things. However, every year the regulation of most areas of human activity, including hunting, is becoming more complex and branched - this is a global trend, and there is no getting away from it. Therefore, in order to minimize the risk of legal troubles, a mass hunter will sooner or later have to delve into the intricacies of industry legislation, at least at the same level at which every driver should know traffic rules.
"Russian hunting magazine", No. 1, 2017
2472Why did I decide to start a hunting farm? To explain this, we must mentally return to the early 2000s: the “dashing 90s” are over, the time has come for the economy to rise and private business to emerge. The young private enterprise, of which I am the head, has already more or less got on its feet, so there are financial opportunities to go hunting, and free time.
I didn’t master hunting abroad then, but I hunted in Russia. I did not like to come somewhere for a couple of days, not for long, and besides, it was more or less clear how I wanted to hunt. Then the idea arose to find like-minded people and create their own hunting farm.
The very first and one of the most difficult problems (and there were many) was building relationships with the regional authorities. It was necessary to convince them to give us one of the nine regional reserves for hunting grounds. Fortunately, the management believed in us and allowed us to “steer”. And in 2008, we issued a long-term lease of land in the Ryazan region, with an area of 28,000 hectares. It was obvious that the lands needed help: before that, hunting was carried out in the reserve either for the local authorities or for local poachers. Both were episodic.
The main animal in the lands is the wild boar, and at the very beginning of our journey, even this ubiquitous animal was extremely scarce in the lands: in the first seventeen hunts, not a single wild boar was caught. The thing is that if now in our economy it is forbidden to shoot billhooks during the rutting season, and the ban on shooting breeding stock is valid all year round, then everyone was shot in a row before. Work on the improvement of roads, top dressing and other biotechnical activities in the reserve were also not carried out: for example, in 2006, only one thousand rubles were allocated from the state budget for all biotechnology. For a year. There were only two towers and four feeding troughs on the grounds, to which a cart of waste or potatoes was occasionally delivered in autumn. There was one huntsman who did not have any equipment.
We started by properly organizing the protection of the land and the abundant feeding of wild boars. Firstly, we sowed (and continue to sow now) about 130 hectares of our fields (all that is) with oats, Jerusalem artichoke and corn. Secondly, they began to bring so much food to the feeders that the wild boars could not eat everything. Queens fed in this way began to bring twice as many offspring as before. Stray billhooks, who came to the feeders with surplus food, began to bring neighbor's wild boars with them. Neighboring hunting farms began to complain that the wild boars had all gone to us, but then the number of wild boar and elk began to grow. By the way, we border on three hunting farms, with the leaders of which we have long established friendly relations. We join forces to fight poaching, we hunt wolves together, we buy seeds and feed.
It’s even scary to remember the initial amount of work: it was necessary to equip salt licks, make bathing pits, cut clearings in the forest, clear forest roads littered with fallen trees, purchase equipment, find rangers, “make friends” with the local population ...
True, we developed good relations with the inhabitants of neighboring villages rather quickly. Local men are used to poaching in the reserve, because they didn’t give vouchers. And I invited them to my team as so-called activists. At first, people shied away, they thought that they would only be used to catch up. Now we have more than 30 activists, this is a well-coordinated friendly team, guys whom I am always glad to see, whose help I really need and really get it. They help us clear roads, lay out food, lay hare salt licks, clear swamps, make artificial nests, and clean towers. Now, for example, the sowing campaign is underway - people are needed who scatter the grain with their hands where the seeder does not pass, they seat the Jerusalem artichoke under the shovel. Activists hunt and use the amenities of the hunting base with us on an equal footing. This means that we give them free tours, eat at the same table, shoot at the same range. To be able to hunt on the grounds, that is, to become an activist, you need to be recommended by two members of the collective. The second condition - 10 days per season (for hunting ungulates by paddock and from a tower) or 3 days (for all other types of hunting) must be worked out for the benefit of the economy, providing any feasible assistance. This rule does not apply to pensioners and the disabled, they get vouchers without working off.
Now 17 people are constantly working and serving the hunting ground: cooks, engineers, rangers and security guards. I personally run the business. But besides me, there is a director, a chief hunter and a chief engineer who are responsible for order in my absence. I communicate with the team every day by phone and at least once every two weeks in person. Before the start of the hunting season, we hold operational meetings. In our free time, we work on subbotniks, organize competitions (hunting biathlon, shooting at the “running boar”, skeet, electronic shooting), we conduct open biology lessons for schoolchildren in the hunting house.
Today, the farm is not operating on a commercial basis and most likely will not work in the future. Five volunteer founders fully cover all material costs. All hunts are not commercial, only for yourself and for friends. But there are many friends, and therefore, every weekend in the season, someone hunts in the lands.
We have the following limit on hunting. Moose licenses - 12 per year. For wild boars - 60+, but this limit can be increased if there is a threat of epidemics. There is also hunting for foxes, hares and several types of bird hunting. Probably, it would be possible to follow the example of the well-known hunting user Viktor Labusov and make the farm partly commercial. But, firstly, while this is not necessary, all owners are satisfied with the chosen cooperation option. Secondly, all the founders understand that the hunting business will not bring a stunning income, and even for this reason they do not seriously think about it. And thirdly, Viktor Labusov, as far as I know, immediately oriented his hunting farm to conduct both commercial hunting and hunting “for himself”. For us, if we ever decide to embark on a commercial footing, we will have to rebuild the entire system of work. So we don't have any plans for now. True, recently I had ideas, as an experiment, to agree with the owners of the base for fishermen, which is being built on the banks of the Oka not far from us. The bottom line is to offer their guests hunting in our lands at a price list. Something similar was done in the Breeze hunting farm.
For five years of hunting use, we managed to solve many problems. But many problems, or rather tasks, still remain.
The first is animal breeding. We do a lot to breed wild boars, elks, foxes and hares. We are actively fighting wolves, and therefore we have a lot of animals. But I believe that the animal should be twice as large and it should be more diverse (which is not observed now). I dream that fallow deer and roe deer will appear in our forests. Belarus serves as an example for me in this matter: I see how much is being done and how much there is as a result of the beast.
The second task is the fight against bipedal predators. We carry out protection only by members of our team and, in my opinion, quite effectively, but, despite our efforts, once a quarter we definitely detain one or two poachers. To be honest, today I do not know how we are generally able to solve this problem. After all, there is a direct relationship - the more the beast, the more poachers. Which is logical: neither a wolf nor a poacher will climb into a bad economy, where there are few animals.
But the most serious problem is the attitude of people working on the farm. All five years I have been trying to establish good working relationships with rangers, to ensure that they take the initiative, keep to work. But, unfortunately, this does not work out with all members of our team. Due to the fact that not all rangers work responsibly, the whole team suffers and things get up. It turns out that if I personally do not keep everything under control every day and check every step, nothing will be done.
The main problem of modern rangers, I think, is that they can tense up, grit their teeth and do what they need once (and then you need to look for such). But for the most part, they are not ready for constant daily painstaking work. Sometimes it seems that their main goal is to quickly do what they were told and go home - and then at best. And at worst, leave without doing anything. However, most of the gamekeepers I have worked with are constantly convinced that they work too hard.
Yes, there is a lot of work, I do not argue. Rangers are engaged every day in quite routine work: delivering feed along the same roads to the same feeders, maintaining equipment that breaks down all the time, and guarding the territory. But, firstly, no one forces you to work around the clock, and secondly, there are also many pluses in work, as in the well-known black joke: then with people! Seriously, we have the opportunity to pay employees a decent salary not only by Ryazan, but also by Moscow standards, send them to study jaegers at our own expense, share meat, not only work together, but also relax.
As a leader, I lack responsibility, interest, dedication, initiative, and love for my work in rangers. Unfortunately, many huntsmen are indifferent to the fact that poachers can use their work, they do not have a zealous attitude towards “their” lands. I came to the conclusion that no matter how you explain that we work for ourselves, a rare ranger will look at the farm as if it were his own. As the older generation says, "not native - not sick." Apparently, in Russia, in general, compared with the same Europe, the internal sense of ownership (the feeling of the owner) is poorly developed.
I am more and more inclined to think that I will not be able to “grow up” an employee who would meet all my simple requirements. Apparently, we need to look for a ready-made specialist, with education and experience in a hunting farm like ours. But searching is also not an easy task. For example, at one time we were looking for a director by advertising in a newspaper. We searched for a very long time, interviewed 30 candidates. In the end, they still found the director among their own. It turned out to be an old acquaintance who built our hunting base many years ago, whom we tested in practice and whom we trust. He is a reliable person, but now he is already 67 years old, and soon he will not be able to work, he will have to look for a new one - and everything will start all over again.
I am almost sure that the problems we face are also in other Russian farms. I would be very happy if someone would dissuade me from this ...
Russian hunting magazine, June 2013
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