Four years ago in May, the regional affairs minister issued a regulation on measures to prevent and control African swine fever, introducing an exemption under which the ban on keeping pigs outdoors does not apply to wild boars kept for training hunting dogs.

The Estonian Union for the Protection of Animals asked the chancellor of justice to examine whether the regulation complies with the Animal Protection Act. The organization also pointed out that the law provides no legal basis for using wild boars kept in artificial environments to train hunting dogs and that no detailed requirements have been established for such training.

Deputy Chancellor of Justice-Adviser Olari Koppel said the ban on keeping pigs outdoors is a biosecurity measure and that the minister has the authority to introduce exemptions, provided they comply with EU law and do not undermine animal disease prevention. Koppel therefore sees no reason to believe that the exemption for training hunting dogs violates these conditions.

However, he noted that the regulation only provides an exemption from the ban on keeping pigs outdoors. It does not provide a legal basis for using wild boars to train hunting dogs or authorize activities prohibited under the Animal Protection Act.

"The absence of a specific legal provision does not, however, mean that such an activity is prohibited, provided other applicable rules are followed," Koppel said, adding that it must be possible to conduct training without endangering the animal's welfare.

The law does not establish a specific legal basis or detailed requirements for training hunting dogs using live wild boars. The activity is primarily governed by the Nature Conservation Act and the general animal welfare requirements arising from it.

Under the Animal Protection Act, animals must not be subjected to suffering or pain. According to Koppel, if hunting dog training cannot be conducted without causing such harm, the executive branch cannot make the activity permissible through regulations, guidelines or administrative practices.

"In that case, only the Riigikogu can decide through legislation whether the objective of the training and the benefits it provides justify making an exception to the prohibition established by law," Koppel said.

Koppel said the lack of clarity in the regulations is a problem. To address it, the Ministry of Regional Affairs and the Ministry of Climate should establish the conditions for training hunting dogs in legislation rather than merely in guidelines or explanatory memorandums. This would ensure compliance with animal welfare requirements and provide legal clarity.

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