The antler shedding season for gibbons has already started and will continue for the next few weeks. This is when many people head out into the woods to find fallen crowns. It is important to know, however, that if the collector does not have written permission from the local hunting organisation, he or she is committing theft under the Criminal Code (CC) if he or she takes the antlers home, and anyone who buys them becomes a fence. In addition, the illegal antler collector may be fined for disturbing the game and may also be guilty of cruelty to animals, which is also punishable by imprisonment under the Criminal Code.
Lost antlers (photo: Bálint Németh | Hungarian Wildlife Photographers Association)
In addition to its monetary value for game management and even higher market value, the antlers that are shed also provide important information to the game manager about the individual and the population, which is why the collection should only be carried out with the permission of the hunting licence holder. Those who have a permit must not disturb the herd by making noise or driving while searching, as this may cause injury to the animals. Bulls may crush the antlers, which are not yet mature, during the escape, which can lead to skull injury, i.e. fracture of the bone protrusion called the antler. In addition, the disturbance of the wildlife population in winter often leads to large herds of up to several hundred animals crossing roads while fleeing, which can lead to increased risk of accidents.
The Hungarian National Hunting Association, as the representative body of the organisations entitled to hunt, urges foresters and those interested in antler collection to take into account the above-mentioned information and the relevant legal background in the interest of the Hungarian deer population, the game farmers and themselves!
LEGISLATIVE BACKGROUND
The right to hunt is, among other things, the totality of obligations and entitlements to acquire fallen antlers under the Act. (2. § d))
The antlers that fall off become the property of the hunting right holder (usually a hunting organisation, which is a civil society organisation, less often a company). (9. § (2))
Fallen antlers found in non-hunting areas, including in the interior of municipalities, become the property of the hunting concession holder from whose hunting area the game was taken. In the event of doubt, the owner shall be deemed to be the holder of the hunting rights of the nearest hunting ground where the antlers were found. (9. § (3))
Antler collection is also subject to the prohibition on disturbing the hiding, living and feeding places of game in order to protect the game (of course, activities related to the reasonable management of fields and forests are not considered disturbance). (28. § (3))
Illegal antlering can in some cases be punished by a game protection fine, which can be imposed by the hunting authority on anyone who deliberately tortures or harasses game in an illegal way. In such cases, which may include, for example, the deliberate pursuit of a herd of deer with the aim of crushing the antlers, the amount of the fine may vary from HUF 50 000 to HUF 1 000 000. If someone obstructs lawful hunting and game management activities, the fine can range from HUF 100 000 to HUF 5 000 000. (84. § (1)-(3))
Any person who, by disturbing the game or by a demonstrable attempt to disturb the game, prevents the rightful owner from exercising the right to hunt shall also be liable to pay compensation for the resulting damage. (77. §)
A Vtv. végrehajtásának szabályairól szóló 79/2004. (V. 4.) FVM rendelet (vhr.)
In the hunting area, fallen antlers or trophies of dead game may be collected with the prior written consent of the hunting concession holder. (77. § (5))
The export of fallen antlers requires a permit from the hunting authority. (79. § (2))
The game management value of the fallen antlers (which is also taken into account by the authority when determining the game protection fine) is HUF 5,000 per kilogram. (Annex 20)
Act C of 2012 on the Criminal Code (Criminal Code)
The intentional disturbance or driving of deer may constitute cruelty to animals, which is committed, inter alia, by anyone who unjustifiably mistreats a vertebrate animal or treats it in a manner likely to cause permanent damage to its health or death. This shall be punishable by a maximum term of imprisonment of up to two years. (244. § (1) a)) The penalty for a criminal offence is up to three years' imprisonment if the cruelty causes permanent damage to the health or death of several animals. (244. § (2) b))
Anyone who takes something from someone else in order to take it without right commits theft. (§ 370 (1) - the paragraph contains the penalty) (Whoever commits or attempts to commit theft for a value not exceeding HUF 50,000, commits an offence against the Infringement law § 177 (1), and may be fined.)
Anyone who tries to sell something that has been stolen is committing money laundering (formerly known as "stealing"). (§ 399 - the paragraph contains the penalties)
Source: https://vadaszativedegylet.hu/hirek/engedely-nelkul-tilos-agancsot-gyujteni
