Damageto Agricultural, Forestry, or Horticultural Property and Plants Caused by Game —for which compensation is required— refers to damagecaused by certain game species (hoofed game, wild rabbits, and pheasants) to agricultural, forestry, or horticultural properties and plants, even if the plants are detached from the ground but have not yet been harvested.

If a property belonging to a communal hunting district is damaged, the hunting association is liable to compensate the injured party for the damage. If the hunting leaseholder has assumed liability for the game damage in whole or in part, the liability for compensation falls on the hunting leaseholder. In the case of privately owned hunting districts, the provisions apply accordingly.

If agricultural products, the full value of which can only be determined at the time of harvest, are damaged by game prior to that time, compensation for the game damage shall be paid to the extent that it exists at the time of harvest. However, when determining the amount of damage, consideration must be given to whether the damage can be offset by replanting within the same growing season in accordance with the principles of sound agricultural management.

Hunting damage is damage that has occurred on properties in connection with the practice of hunting.

Wildlife damage to vineyards, gardens, orchards, tree nurseries, tree-lined avenues, isolated trees, forest plantations consisting of tree species other than the predominant species in the hunting district, or open-field plantings of garden crops or high-value commercial crops are not covered if standard protective measures—which under normal circumstances would be sufficient to prevent the damage—were not installed.

Standard protective measures to prevent game damage include game fences that are at least 1.80 meters high to keep

• red deer and fallow deer, a minimum height of 1.80 m,
• a minimum height of 1.50 m for roe deer and wild boar (wildlife fences against wild boar must also be secured to the ground to prevent them from being lifted by the wild boar),
• a minimum height of 2.50 m for mouflon, and
• a minimum height of 1.20 m above ground level for wild rabbits; in this case, they must consist of wire mesh with a maximum mesh size of 40 mm and be buried at least 0.30 m deep in the ground.

The vast majority of all wildlife and hunting-related damage is settled amicably between the affected person and the hunting leaseholder.