An odd one: the prohibition and punishment of the illegal release of wildlife
On Aug. 5, 2024, De Standaard headlined, "Investigation into stone-rich family for illegally releasing ducks for hunting. The Emses family, main shareholder of sand extraction company Sibelco, is said to have ordered the release of hundreds of ducks in De Maat nature reserve in Mol. The aim was to hunt them later.
The Agency for Nature and Forests has confirmed that an investigation is underway and that an official report has been drawn up. Indeed, the breeding and release of game species for subsequent hunting is detrimental to biodiversity and consequently prohibited.
Ban
The prohibition of illegally releasing game for subsequent hunting is not included is the Criminal Code but stems from special legislation.
More specifically, the prohibition is contained in the Flemish Hunting Decree of July 24, 1991.
It explicitly states the following: "It is prohibited at all times and everywhere to release game".
The only exception that exists in this regard relates to the situation where game is released for the purpose of game species conservation.
Whether the release of wildlife is necessary for the conservation of certain wildlife species and how many animals can be released where is a decision that lies with the Flemish government.
Sanctions
As a rule, the release of game is thus prohibited with the result that illegal release is punished.
The penalties are not included in the Flemish Hunting Decree but in the Hunting Conditions Decree of April 25, 2014 and the Decree of April 5, 1995 containing general provisions on environmental policy.
The Hunting Conditions Decree includes one (relatively severe) sanction in this regard, when game is illegally released.
After all, that decree states that the Agency for Nature and Forests can, by decision, close the hunting of a small game species in the entire working area of a certain game management unit (i.e. a cooperation between gamekeepers), in part of the working area of a certain game management unit or in the hunting area of an independent gamekeeper.
The Decree of April 5, 1995, in turn, contains more general administrative and criminal sanctions.
Regarding the latter category, the person who illegally expelled game may be subject to imprisonment for up to two years and/or a fine of up to EUR 250,000.
These penalties are further increased in some cases - when a protected habitat is affected, for example.
In addition, the court may also order the responsible person to restore the place to its original condition, cease the conflicting use or carry out alteration works.
In case you have questions about the ban on the release of game and its punishment? Our experts will be happy to inform you! Contact us via info@bannister.be or by calling 03 369 28 00.
