Species protection law; application for a special permit or exemption

In order to combat the further decline in species, a differentiated protection system has been introduced at international, European, German and Bavarian level. Depending on the protection status, the main prohibitions are access (removal, damage, destruction, stalking, capture, injury, killing, certain disturbances) to animals and plants and their habitats/locations in the wild, possession, import and export and marketing.

Further obligations may also apply (e.g. identification obligation, reporting obligation, notification of keeping). However, if certain conditions are met, the prohibited activities are permitted by way of exception (see, for example, Section 4 of the Species Protection Exemption Ordinance) or can be permitted by way of exception on application (in particular for research purposes).

You therefore need an exception or exemption, for example, if you want to exempt yourself from the access, possession or marketing bans of the Federal Nature Conservation Act for

• specially protected animal species (e.g. moles, swallows, dormice)
• specially protected plant species (e.g. certain orchids, arnica)

want to deviate.

Competent authorities:

• The governments as higher nature conservation authorities are responsible for all specially and strictly protected animal and plant species with the exception of wolves, hornets and beavers.
• The district administrative authorities as lower nature conservation authorities are responsible for wolves, beavers and hornets, as well as for animal and plant species that are not specially or strictly protected.

Section 44 of the Federal Nature Conservation Act (BNatSchG) not only regulates the handling of exotic animal species within the framework of the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora, but also the special and strict protection of certain native animal species.

Specially or strictly protected animals include, for example, all European bird and bat species, but also sand lizards and many other animal species. On WISIA you can find out whether the animal living on your property is subject to special species protection (you may need to enter the Latin name).

In urban areas, conflicts with special species protection can arise in particular in the course of building projects, house renovations and tree felling.

Conflict potential "building breeders"

Building demolitions and renovations can lead to conflicts with so-called building breeders in particular (swifts, house martins, house sparrows, black redstarts, kestrels and peregrine falcons, jackdaws, storks, bats).
Swifts and house sparrows use small, inconspicuous openings under the roof to raise their young, but woodpecker holes in the façade may also be used for breeding. As swifts return to the same nesting site every year, these nesting sites are protected all year round and must not be closed off.

House martins

These birds build elaborate clay nests under eaves on house façades, while their relatives, the barn swallows, are mainly found in barns or underground garages and occasionally in house entrances in the city. As both swallow species return to their nests every year, it is forbidden to knock down or otherwise destroy the nests all year round.

Bats

Bats are strictly protected and, just like swifts, are often unnoticed, secret roommates in the home. Depending on the species, they seek shelter behind window shutters, in blind boxes, in attics or other crevices in the building. As bats also use their roosts regularly, they are also protected all year round.

Jackdaw, kestrel and peregrine falcon

Very few homeowners have to deal with jackdaws, kestrels and peregrine falcons, as they use high towers, such as church towers, for breeding. These birds also return to their nesting site every year. It is therefore forbidden to destroy or close them all year round - not even to keep pigeons away. Important: In this case, the plucking sites are also part of the habitat and must be preserved.

In order to reduce the potential for conflict, to ensure that the construction work runs smoothly and to avoid construction being halted, it is advisable to think about species protection at an early stage and to contact the lower nature conservation authority, Office for Environmental Protection and Energy Issues of the City of Erlangen.

Conflict potential "tree felling"

In addition to the special species protection according to §44 BNatSchG, the general species protection according to §39 BNatSchG must also be observed when felling trees. According to §39 Para. 5 S.1 No. 2 BNatSchG, it is prohibited to cut down, prune or remove trees that are outside the forest, short rotation plantations or horticultural land, hedges, living fences, bushes and other woody plants in the period from March 1 to September 30. Careful shaping and maintenance cuts are permitted.

Regardless of the time of year when felling is carried out, the special protection of species according to §44 BNatSchG must always be observed.

As soon as there is an occupied bird's nest with eggs and/or young birds in the wood, the bird's brood must be awaited, even if the tree felling has already been approved by the tree protection ordinance and the tree is located in a house garden (garden area used for horticultural purposes).

Tree hollows and crevices represent a potential bat roost at any time of year and must be checked before felling or pruning work. Mulm cavities can also be home to specially and strictly protected beetle species such as the hermit beetle or various species of rose chafer. Specialized experts and the Northern Bavaria Bat Coordination Office can help here.

Bees, wasps, hornets & co

Hornets as well as all wild bee species are protected by the special species protection according to §44 BNatSchG.

Many wild bee species have been in sharp decline for years. As they only have a very low potential for aggression and only have a tiny sting that usually does not even penetrate human skin, these useful pollinators are easy to live with.

Some species occur en masse in spring in sunny, sandy areas, e.g. on the slide hill in the playground. Please keep calm and avoid this area during their activity. These bees do not form a colony, but each one builds a tube in which it lays its eggs. This normally only takes a few days and then the bees disappear again. These early bees are very important for nature, as they are our earliest pollinating insects of the year.

Hornets are also protected under species protection law. Their nests may not be removed without a special permit from the Lower Nature Conservation Authority, Office for Environmental Protection and Energy Issues of the City of Erlangen. To ensure that a hornet's nest is not accidentally removed, the Environmental Protection Agency must be consulted before any wasp nests are removed.

Beavers

Beavers are strictly protected species. They may not be killed or significantly disturbed and their habitats may not be destroyed. They are regarded as nature's master builders and create their habitat independently, for example by building dams. The dams as well as the beaver lodges, where the main habitat is located, are therefore also protected and may not be destroyed or otherwise impaired without special permission. However, the design of their habitat regularly leads to conflicts in our densely populated, heavily used cultural landscape. For example, activity in the bank area can lead to the collapse of beaver tubes. Flooding and waterlogging can occur due to the damming of bodies of water, as well as gnawed and felled trees and damage to crops such as maize. If there are any conflicts with beavers or if you have general questions, the Environmental Agency and the beaver advisor of the city of Erlangen will be happy to advise you.

You would like to apply for a derogation or exemption from a ban on the access, possession and marketing of a specially and strictly protected animal species.

You can submit your application in an informal letter to the responsible government or district administrative authority. Applications can also be submitted by e-mail. Some of the competent district administrative authorities also provide online application procedures.

As the lower nature conservation authorities, the district administrative authorities also issue certificates for trade in species protected under EU law, for example, or accept holding notifications for specially protected animals in accordance with the Federal Species Protection Ordinance. Import and export permits are issued by the Federal Agency for Nature Conservation.

There is no statutory processing period. The processing time depends on the individual case, but is usually realistic within a period of four weeks.

• none

• Exceptional authorizations:
  • in certain cases (e.g. for the purpose of research and teaching): free of charge
  • for other cases: between EUR 50.00 - 5000.00 depending on administrative costs
• Exemptions: between EUR 50.00 - 10,000.00 depending on the administrative effort involved