Ochrana bobra evropského v českém právu
Legal Protection of Eurasian Beaver in the Czech Law

Summary/Abstract: In this article, the authors would like to present legal protection of Eurasian beaver (Castor fiber), in the Czech Republic. The Eurasian beaver is a species of beaver which was once widespread in whole Europe and it is native species in Czech Republic. It was hunted to near-extinction for both its fur and castoreum, and by 1800 the population of beavers in Czech Republic was hunted down. After that beavers were re-introduced, but because of damages caused by them, they were again eliminated. Approximately since 1980 beaver is appearing through much of its former range in Czech Republic, due to natural migration and also repeated re-introductions. A major role in the return of beaver was played by the legal protection of beavers which is provided at national level as well as at the international level (Berne Convention on the Conservation of European Wildlife and Natural Habitats) or by the EU law (Habitats Directive). Main source of legal protection of beavers in the Czech Republic is Act no. 114/1992 Coll., on nature and landscape protection. They rank among the endangered species and as such they are protected in all its developmental stages and handling of beavers is limited by strict prohibition as a ban of catching, keeping in captivity, killing etc. However, in specified cases a competent nature protection authority may grant an exemption. Beavers are also protected under the Act on game keeping under which beavers cannot be hunted. This, however, may also be subject to exceptions. Important economic tool of protection of beavers is the possibility to provide compensation for damages caused by them. The compensation is provided under the conditions laid down by Act no. 115/2000 Coll. on compensation of damages caused by selected specially protected animals. The compensation may only be provided for damages to forest vegetation or unharvested field crops. The main purpose of the act is to mitigate conflict between interest of nature protection and interests of farming entities, practice, however, revealed number of shortcoming of the act which are closely mentioned in this article. The return of beaver into the Czech landscape brings wide range of conflict situations including lifethreatening situations. On the other hand beavers also represent significant natural factor and they are native species in the Czech Republic. Therefore it is important to ensure their protection. That is also the aim of Program of care of beaver in the Czech Republic which is also described in the article.

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