Proposal of a decree of organizing the by law Of the Hunting Higher Council
I. Article
Purposes of the establishment of the Hunting Higher Council. The function of the Hunting Higher Council is to carry out the following :
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Keeping and protecting wild animals.
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Diversification of the animal wealth in compliance with the biological equilibrium.
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Ameliorate the conditions and circumstances of practicing hunting.
II. Article
The Higher Hunting Council (hereinafter called the “Council”) is constituted of the following members :
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Representative of the Ministry of Justice.
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Representative of the Ministry of Agriculture.
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Representative of the Ministry of Interior and Municipalities.
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Representative of the Ministry of National Defense.
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Representative of the Ministry of Finance.
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Representative of the Scientific Researches Higher council.
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Representative of the Association of the Hunting Higher Council.
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Environmental expert in the World of Poultry and Mammals.
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Representative of the Syndicate of hunting arms and munitions Merchants.
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Representative of the Lebanese Union of Shooting and Hunting.
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Representative of the Environmental Associations.
The council elects the chairman and the vice chairman by majority.
The chairman nominates the secretary and the treasurer (In case a treasury was established for this council) and these four members constitute the Office of the Council.
III. Article
The Council is vested with the functions provided for in the law no. 580 dated 04/03/2004 (Hunting) including the organization of the tests of the hunting license for the benefit of the Lebanese State.
IV. Article
The secretary of the council is in charge of the minutes of the sessions and will keep all records and correspondences.
V. Article
The council holds its periodical sessions every month and when needed upon request of the chairman of the council or demand of three of its members. Half of the members plus one member are sufficient for reaching the quorum and its decisions are considered valid with the presence of 3/4 of the present members.
VI. Article
The council is assisted by all entities afforded and available in all directorates and it may be also assisted by extra experiences.
VII. Article
The members of the council and the working members and all persons assisting it are bound, even after expiry of their functions mandate, with professional secrecy as to all information they receive due or incurring to their functions.
VIII. Article
The present decree will be published and notified when necessary.
First Chapter - Hunting Higher Regulations
First Chapter
Hunting Higher Council
Article 1
A hunting council is established in Lebanon called “The Hunting Higher Council” hereinafter called the “Council”.
The council is constituted of one representative of the following ministries and public entities: Justice, agriculture, environment, interior and municipalities, national defense, finance, national council of scientific researches, association of the hunting national council, environmental expert in poultry and mammals, representative of the syndicate of hunting arms and munitions merchants, representative of shooting and hunting Lebanese Union, representative of the environmental associations.
All the members of the council are volunteers working for free.
Article 2
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Representatives mentioned in the first article of the present law are designated for three years’ non-renewable term by virtue of a decree taken in the Council of Ministers based on the ministries and competent entities mentioned in the first article.
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The council starts its works immediately upon issuance of the necessary decree.
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The bylaw of the council is issued by virtue of a decree taken in the Council of Ministers upon proposal of the Minister of Environment.
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The council is related to the Minister of Environment being the trusteeship council.
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The council is subject to the control of the accountancy department.
Article 3
The Minister of Environment determines the date of opening and ending of the hunting season and the times during which hunting is permitted upon proposal of the council, provided compliance with the principle of persistence of the natural wealth provided for in the concluded international agreements in such a way that hunting is prohibited in the season of animals and poultries reproduction and while passing to the places of their reproduction or protection of the newly born animals.
Article 4
a. The trusteeship minister determines after consultation of the council, the quarries classified as hunting quarries and permitted to be hunted within particular times and determines these times.
Except all other quarries determined as per the previous clause, all poultries and wild animals, staying or leaving, are considered protected all over the year and are prohibited to be hunted.
b. The trusteeship minister takes the necessary temporary or permanent prohibition decisions regarding the hunting of any poultry or animal that is beneficial to the agriculture or environmental equilibrium or for their local reproduction or for their inclusion in the lists of poultries and animals menaced of international extinction and included in the international agreements concluded with Lebanon and included in the I.U.C.N. and determines the regions and the periods during which hunting is permitted all over the year upon proposal of the council.
c. The council proposes on the Minister of Trusteeship to take the following decisions :
1. The periods during which hunting of poultries and animals passing through the frontiers is permitted.
2. Poultries and animals harmful to agriculture or environmental equilibrium and which are permitted to be hunted within periods which may be deemed appropriate and convenient.
3. Poultries and animals absolutely prohibited to be hunted and territories within which hunting is prohibited upon request of its owners or exploiters including municipalities.
4. The Minister of Trusteeship, upon proposal of the council, may determine conditions and criteria as well as private clubs in order to carry out the test to which every claimant of hunting license for the first time is subject after issuance of the law.
5. Establishment of centers for the breeding and raising of different wild animals and poultries provided they are local or passing naturally through Lebanon especially those subject to extinction for their reproduction and their liberation to keep a biological diversification and environmental equilibrium and associations in charge of such tasks are designated.
Article 5
The director general of the Ministry of Environment carries out the functions of the commissioner before the council, attends its sessions, participates in the discussion with no right of vote, and all minutes of the sessions and decisions are referred through him to the Minister of Environment and are notified through him to all competent general directorates to practice hunting and to the accountancy department.
Second Chapter - Hunting Regulations
Second Chapter
Hunting Regulation
Article 6
It is prohibited to any person to hunt not within the periods during which hunting is permitted. The hunter should be holder of a hunting license issued by the Ministry of Environment based on :
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A legal license to carry an arm issued by the Ministry of National Defense for the forth category arms (for hunting hyrax quarries) and by the Ministry of Interior and Municipalities for the fifth category arms (for wild poultries hunting).
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Insurance policy towards third party related to the insurance of damages incurred to third party due to the practice of hunting determined by virtue of a decree taken in the Council of Ministers.
Article 7
The poultry and the wild animal in Lebanon of whatsoever kind or origin are not considered property of any person. The owner of the real estate or any right may prohibit hunting within his own real estates by placing signboards at the entrance of such real estates prohibiting hunting as per the rules in effect.
Article 8
Hunting is absolutely prohibited within cities, villages, places destined for walk and promenade, public gardens, natural protectorates and areas classified as heritage, at a distance not less than 500 meters from the places of residence and worship and public and private installations even if it occurred by using compressed air or gas arms. It is prohibited to keep hunted quarries out of the car and on public roads.
Article 9
It is absolutely prohibited to hunt by owl, birdlime, nets, traps, floating artificial and natural poultries, bait, shut-off hunting and searchlights. I is also prohibited by poisons, gas, smoke and electrical machines.
Hunting is permitted only by firearms authorized for hunting, crossbows, dogs, falcons and eagles.
It is absolutely and definitely prohibited to look for partridges and deceive any kind of quarries by attracting them by the use of registration machines giving voices similar to poultries and animals voices. It is prohibited to chase and hunt all kinds of quarries by car or airplane, as well as hunt in mountain areas while being entirely covered by snow.
Article 10
It is prohibited all through the year to remove nests or take, damage, sell, purchase, transport, receive or hurt eggs, nestlings, young birds and wild animals and poultries.
It is prohibited to export the eggs or young birds of all kinds of poultries and wild animals (except poultries and eggs of poultries and wild animals raised in farms) and hyrax young animals as well as it is prohibited to detain wild partridges.
Article 11
It is prohibited to export quarries hunted without license issued by the Ministry of Environment.
Article 12
It is absolutely prohibited to manufacture and import birdlime and gluey products used to catch or their sale, acquisition, trade or use or hunting with them. It is absolutely prohibited to sell, expose or use machines emitting voices similar to the voices of poultries or animals (shouting machines).
It is prohibited to promote them and permit their temporary passage through the Lebanese territory (Transit).
Article 13
The hunting license is considered personal and annual and is issued by the Ministry of Environment only for the benefit of the hunter as per the sixth article of the present law provided compliance with all conditions provided for in the said article.
The license should include the name and address of its holder, his identifying marks, his signature or his fingerprint and the kinds of quarries he has the right to hunt. This license is given after payment of the fees determined in the laws and rules in effect on the date of its issuance.
The hunter should while hunting should carry the license of holding the used arm, the hunting license and the hunting insurance policy.
Scientific researchers have the right to catch animals and poultries for scientific research purpose provided they would be set free alive without hurting them. They have also the right to take their eggs to carry out the necessary researches. These researchers obtain a special license from the Ministry of Environment upon request submitted to the Scientific Researches National Council.
Third Chapter - Penalties
Third Chapter
Penalties
Article 14
Every person committing the following will be subject to one-month imprisonment and to a fine of a value of five hundred thousand Lebanese pounds or to one of these two penalties and to the withdrawal of the hunting license from one to three years :
1. Practicing hunting not within the hunting season or within the hunting times.
2. Having quarries hunted not within the hunting seasons and times.
3. Hunting within third party territories without having the approval of the owners or beneficiaries or in planted and cultivated places surrounded by closed fence without contact with the neighboring lands or despite the presence of the signboard provided for in the seventh article of the present law.
Article 15
Every person committing the following will be subject to imprisonment and to the fine provided for in the previous article or to one of these two penalties and in all cases to the definite seizure of the used arm and the destruction of the prohibited equipments, items, tools and devices as per the rules of the said law :
1. Hunting without license.
2. Hunting with tools, devices, equipments or any other mean prohibited by virtue of the present law.
3. Hunting beneficial poultries or poultries prohibited to be hunted.
Article 16
In case of repetition, the fine penalty will be multiplied without the imprisonment penalty.
The repetition penalty will be applied on every person who may breach the provisions of the tenth article of the present law or hunt species menaced of extinction.
Is considered repeated any one who is referred to the court by virtue of the present law within the twenty four months preceding the committing of the last violation.
Article 17
Natural protectorates guards have the right to establish a report regarding all violators within the scope of the protectorates. This report established by these guards will have the effect of the report established by the assistant judicial police.
Article 18
Except the members of the interior security forces and the forest and hunting guards of the Ministry of Agriculture, the members mentioned herein below are, exceptionally and only for the implementation of the provisions of the law, given the right to establish reports regarding all violators and their referral to the competent authorities :
Guards of natural protectorates provided having a rehabilitation certificate issued by the “Council”.
Article 19
Any hunter arrested for any of the violations provided for in the present law being disguised or masked or refusing to identify himself or not having any known place of residence, will be immediately referred to the competent penal judge within the scope of the place where the violation occurred.
In this case, he will be subject to the maximum penalty due to the violation.
Eighth Chapter - Financial Fees
Eighth Chapter
Financial Fees
Article 20
The fees of the license of transportation and carrying the forth category arms (hunting bullets’ arm) and relative munitions of an amount of two hundred thousand Lebanese pounds /200.000 L.P/ for each arm paid one upon issuance of the license.
The fees of the license of transportation and carrying arms of the fifth category (hunting arm) and relative munitions are determined as follows :
1. An amount of /50.000/L.P. (Fifty thousand Lebanese pounds) for each arm with one muzzle (single shot).
2. An amount of /100.000/L.P. (One hundred thousand Lebanese pounds) for each arm with two muzzles (Doubled-muzzled gun).
3. An amount of /200.000/L.P. (Two hundred thousand Lebanese pounds) for each half automatic arm with single muzzle (Maximum three shots).
4. An amount of /200.000/L.P. (Two hundred thousand Lebanese pounds) for each muzzled arm (one of these muzzles are for bullets or more).
Article 21
The fees of the hunting license are determined by the Ministry of Finance upon proposal of the Trusteeship Minister.
These fees are collected by virtue of a stamp called “Hunting stamp” issued by the Ministry of Finance as per the details and standards adopted by the council and legalized by the Ministers of Finance and Environment.
Article 22
All laws and rules inconsistent with the present law or contradictory to its rules especially the hunting law issued on June 18, 1952 and its amendments (Article 81 and following articles), except laws and decrees related to the Hunting National Council Association in all what is not inconsistent with the provisions of the present law.
Article 23
Are determined in practical decrees, when necessary, all details related to the implementation of the provisions of the present law.
Article 24
The present law enters into effect upon its publication in the official gazette.
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