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Publication type: Journal Article
Document type: Full Paper

Year: 2018

Author(s): Tritthart, A; Binder, R

Title: Rechtliche Rahmenbedingungen der (Not-)Tötung und Behandlung frei lebender Wildtiere in Österreich.

Other title: Legal regulations for the veterinary treatment and euthanasia of wildlife in Austria

Source: Wien Tierarztl Monat 105(11-12): 289-297.


Authors Vetmeduni Vienna:

Binder Regina
Tritthart Alexander

Vetmed Research Units
Institute of Animal Welfare Science


Abstract:
The handling and management of sick or injured wild animals requires basic knowledge of a variety of legal regulations, especially of animal protection legislation, police security law and - depending on the species involved - the relevant provisions of hunting law or of nature and species protection legislation. For huntable wildlife, appropriation is reserved for persons with the right to hunt. In rendering assistance to or performing an emergency killing on such animals, any other person runs the risk of violating criminal law (137 StGB, Criminal Code) or hunting legislation. Although the reservation of appropriation relates to sick animals as well as to wildlife injured by incidents unrelated to hunting activities (e.g. by accidents), a contravention of 137 StGB represents an offence against property and thus a property tort of the person with the hunting right. Whether the emergency killing of a sick or injured wild animal is justified in accordance with 6/1 of the Austrian Animal Protection Law must be assessed according to the general criteria that apply to the emergency killing of companion and farm animals, although specific factors relating to wild animals must also be considered. With regard to pharmaceutical legislation, runnable animals must be treated as farm animal species because many of them are used for food production. Finally, no drugs are authorized for the treatment of wild animals, so decisions on medication must be taken in accordance with the prescribing cascade.


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