Definition and Legal Classification of Fishing
Fishing, also known as sport fishing or recreational fishing, is the targeted catching of fish using equipment such as rods, lines, and hooks. Legally, fishing constitutes the practice of fishing while observing comprehensive nature conservation, animal welfare, and water law regulations. The legal framework for fishing governs, among other things, the protection of fish stocks, sustainable use of resources, and rights to bodies of water.
Legal Foundations of Fishing
Fisheries Law
Federal and State Law
The basic legal regulations for fishing arise from fisheries law, which in Germany is governed by the Federal Fisheries Act and by the respective fisheries laws of the federal states. The federal states are authorized to issue their own detailed regulations on fisheries and fishing. These apply in addition to or as a specification of federal law.
Fishing License
Fishing is generally subject to authorization. As a rule, persons wishing to fish require a valid fishing license (also called an angler’s license). This is usually obtained after successfully passing a fishing examination, in which knowledge of animal and nature protection, fish science, equipment knowledge, water knowledge, and legal regulations must be demonstrated. The fishing license is issued by the competent authority in the applicant’s state of residence.
Fishing Permit
In addition to the fishing license, fishing in most waters also requires a fishing permit (also called an angling permit). This is issued by the owner or authorized user of a body of water (for example an angling club or a municipal association) and entitles the holder to use that particular water body for fishing.
Fishery Protection Regulations
Fisheries law includes numerous provisions for species protection and the sustainable use of fish stocks, such as minimum sizes, closed seasons, catch limits, and the obligation to comply with certain fishing methods and equipment regulations.
Animal Welfare Law
Principle of Animal Welfare in Fishing
The Animal Welfare Act (TierSchG) ensures that animals are not subjected to unnecessary suffering or injury. In the context of fishing, particular importance is attached to the prohibition of unnecessary suffering, pain and harm (§ 1 and § 17 Animal Welfare Act). The targeted capture of fish must be carried out in accordance with animal welfare standards. Practices such as ‘Catch and Release’ (returning caught fish) are legally disputed and only permitted under certain circumstances, namely when there is a reasonable cause within the meaning of the Animal Welfare Act.
Stunning and Killing of Fish
The killing of caught fish is only permissible if it is carried out in an animal-welfare compliant way, i.e., after effective stunning and immediate killing. Detailed requirements for this are set out in the fisheries laws of the federal states.
Nature Conservation Law
Protection of Biodiversity and Water Bodies
Fishing is subject to legal restrictions especially in connection with the objectives of nature conservation. Relevant are the provisions of the Federal Nature Conservation Act (BNatSchG) as well as the state nature conservation laws. Among other things, interventions in protected biotopes or habitats, the disturbance of strictly protected species, and fishing in nature reserves, national parks or other protected areas are often restricted or prohibited.
Water Law
The Water Resources Act (WHG) and the water laws of the federal states regulate the use and protection of surface waters. The granting of permits for fishing may be restricted for water law reasons, e.g., in particularly protected shoreline areas or in the interest of flood protection.
Other Legal Aspects of Fishing
Relations to Hunting Law
Although fishing is generally not subject to hunting law, there can be overlaps, for example when catching crayfish or other aquatic animals, provided there is relevance for hunting law.
Ownership and Usage Rights to Waters
Water Ownership and Fishing Rights
Fishing is only permitted on waters for which the corresponding fishing rights have been acquired or leased. The allocation of fishing rights is made by the owner of the water, often municipal bodies, angling clubs, or private owners.
Right of Bank Access
Access to riverbank properties for the purpose of fishing is also legally regulated. The provisions of the respective state law apply, which may grant or restrict rights of riverbank access, particularly to protect the interests of owners and nature conservation.
Criminal Law and Administrative Offences Law
Fishing Without a Permit
Fishing without a fishing license or without the required area permit constitutes an administrative offence in Germany and, in serious cases, a criminal offence (§ 293 German Penal Code – fish poaching). Penalties range from fines to imprisonment.
Violations of Closed Seasons, Minimum Sizes, and Catch Limits
Violations of animal welfare or fisheries regulations, such as fishing during the closed season or removing undersized fish, may result in administrative penalties.
Fishing Abroad
When fishing abroad, the respective national and regional regulations must be observed. Often there are their own permit requirements and special rules regarding species protection, methods of capture and fish processing.
Summary
Fishing is an activity comprehensively regulated by law, touching upon various areas such as fisheries, animal welfare, nature conservation, and water law. For the lawful pursuit of fishing, it is essential in particular to have a valid fishing license, an area permit, and to observe animal welfare, fisheries, and nature conservation regulations. Violations are sanctioned under administrative offences or criminal law. Furthermore, ownership and usage rights to bodies of water, as well as special regulations for protected areas, must be taken into account. The regulations serve to protect fish stocks, ensure the sustainable use of natural resources, and preserve ecosystems.
Note: Statutory regulations may vary by federal state and region, so it is necessary to consult the applicable state laws and, if applicable, local water regulations.
Frequently Asked Questions
Do I need a fishing license to fish in Germany?
In Germany, fishing is generally subject to authorization and usually requires a so-called fishing license in order to lawfully engage in this activity. The legal basis for this is regulated by the fisheries law of the respective federal states and can thus vary regionally. Anyone who fishes without a valid fishing license is committing an administrative offence or even a crime, as the fisheries law provides for fines or, in case of repeated violations, imprisonment. In addition to the actual fishing license, which is issued after passing the fishing examination, a permit from the respective owner of the water (fishing permit) is usually also required, which must be obtained separately. There are exceptions for minors, tourists, or specific waters where special rules may apply, but these are usually limited and should be carefully checked before fishing.
What statutory closed seasons and minimum sizes apply to fishing?
Statutory closed seasons and minimum sizes for fish are firmly established in fisheries law and serve to protect fish stocks, particularly during spawning periods. They vary depending on the federal state and fish species, and can be supplemented by stricter regulations imposed by the water manager. During closed seasons, a particular fish species may not be caught or at least not removed during a clearly defined period. Anyone who nevertheless fishes for fish during the closed season or removes undersized animals commits an administrative offence or even a criminal act. Fisheries inspectors are authorized to carry out random inspections and, in the event of violations, to confiscate equipment, impose fines, and, if necessary, file criminal charges. It is therefore essential to inform yourself about the applicable closed seasons and minimum sizes for the respective federal state and body of water before fishing.
What legal requirements apply to night fishing?
Night fishing is not regulated uniformly at the federal level in Germany, but rather at the state level or by specific watercourse regulations. In some federal states or on certain waters, night fishing is expressly permitted and only requires the usual permits, while in others it is restricted by time and/or place or entirely prohibited. Sometimes only certain types of fishing (for example fishing for catfish or eel) are allowed at night. Violations of night fishing bans are considered administrative offences and can result in fines. Therefore, it is important to carefully check the relevant water regulations and the provisions of the state fisheries law before starting to fish at night, and, if necessary, to obtain explicit permission for night fishing.
Are caught fish allowed to be transported alive?
The handling of live fish in Germany is subject to the Animal Welfare Act, especially the regulations on ‘expertise in dealing with animals’. Transporting caught fish alive is prohibited in most federal states or only allowed under very strict conditions. Fish taken for consumption or further processing must be stunned immediately after capture in an animal-welfare compliant way and killed as quickly as possible (technically called ‘stunned and gutted’). Live transport is often only permitted with special licenses, for example for stocking measures by fishery operations or clubs. Violations can result in severe penalties, as unnecessary suffering of animals constitutes a violation of the Animal Welfare Act.
Are there legal restrictions on the use of fishing baits?
The selection and use of fishing baits is influenced by various legal regulations. For certain fish species, for example, live bait fish may not be used during the closed season. In many federal states, the use of live vertebrate animals as bait is strictly prohibited under § 17 of the Animal Welfare Act, as it is classified as animal cruelty. In addition, many watercourse regulations govern permissible types of bait (for example, bans on certain artificial baits, protein baits, or feed quantities). Anyone who violates these rules faces fines or even bans from fishing waters. The angler is therefore obliged to inform himself about the respective bait regulations at state and water level before each fishing trip.
Do fishing spots have to be cleaned up after fishing?
According to applicable fisheries and nature conservation law, anglers are required to keep their fishing spots clean and not to leave any litter behind. Leaving rubbish or fishing gear is not only an administrative offence, but may also constitute crimes such as water pollution or endangerment of protected animals under the Federal Nature Conservation Act. Many water regulations contain explicit cleanliness obligations, noncompliance with which may be penalized with fines or revocation of the fishing permit. In particular, line remnants, hooks, and other debris pose a threat to native wildlife and must always be taken away and disposed of properly.
What is the legal situation regarding catch & release (returning fish to the water)?
Targeted ‘catch & release’ (catching and intentionally releasing fish) is legally disputed in Germany and is generally viewed critically. Under the Animal Welfare Act, the killing of vertebrates is only permitted for a reasonable cause—mere pleasure, sport or recreation does not suffice as justification. Fish may only be returned to the water if legal requirements (such as closed seasons, minimum sizes or species protection) demand it or if a removal ban exists. Intentionally fishing for the purpose of release, without a reasonable cause, constitutes an administrative offence or even a crime and is prosecuted by the competent authorities. Exceptions only apply if returning the fish serves stock protection or scientific purposes and this has been specifically authorized.
