Definition and significance of species protection
Species protection encompasses all measures and legal provisions aimed at preserving, promoting, and restoring biological diversity at the level of animal and plant species. In legal terms, the concept includes statutory regulations, administrative practice, and international agreements that ensure the protection of endangered and non-endangered species and their habitats. Species protection is closely intertwined with the objectives of nature conservation, whose task is to maintain the balance of natural communities.
Legal Foundations of Species Protection in Germany
Federal Nature Conservation Act (BNatSchG)
The key legal document on species protection in Germany is the Federal Nature Conservation Act (BNatSchG). According to Section 1 BNatSchG, the Act serves to protect wild-living animal and plant species as well as their natural habitats. The BNatSchG contains both provisions for the general protection of all wild-living species (Sections 39-42 BNatSchG) and special rules for certain particularly and strictly protected species (Section 7(2) Nos. 13-14, Section 44 BNatSchG).
The key provisions include:
- the prohibition of killing, injuring, disturbing, or removing particularly protected species (Section 44 BNatSchG),
- the prohibition of possession and marketing for certain species,
- the protection of breeding and resting sites,
- the obligation to develop species assistance programs.
Administrative provisions and state law
In addition to the Federal Nature Conservation Act, there are supplementary ordinances, particularly the Federal Species Protection Ordinance (BArtSchV). Furthermore, the federal states issue independent regulations that establish additional protective measures or specific rules for regional populations. The authorities of the federal states are regularly responsible for the implementation of species-specific protection requirements.
International and European Species Protection Law
Convention on Biological Diversity (CBD)
The Convention on Biological Diversity (CBD), adopted in Rio de Janeiro in 1992, is the most important international policy document for species protection. The signatory states, including Germany and the European Union, commit themselves to the preservation of biodiversity, the sustainable use of its components, and the equitable sharing of benefits arising from the utilization of genetic resources.
Convention on International Trade in Endangered Species (CITES)
Another fundamental agreement is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES regulates the international trade in endangered wild animals and plants through a graduated control system by means of appendices with varying levels of protection. In the European Union, implementation is achieved through Regulation (EC) No. 338/97 and Implementing Regulation (EC) No. 865/2006.
Bern and Bonn Conventions
- The Bern Convention (Convention on the Conservation of European Wildlife and Natural Habitats) obliges the contracting parties to protect endangered species and habitats in Europe.
- The Bonn Convention (Convention on the Conservation of Migratory Species of Wild Animals, CMS) addresses the protection of migratory wild animal species at international level.
Species Protection in European Law
Fauna-Flora-Habitat Directive (Habitats Directive)
Directive 92/43/EEC (Habitats Directive) is the central legal instrument for the protection of wild-living species and their habitats in the European Union. Its main goal is to maintain or restore a favorable conservation status for strictly protected species (Annexes II, IV and V) and their habitats. Implementation is primarily achieved through the Natura 2000 network, a Europe-wide network of protected areas.
Birds Directive
Directive 2009/147/EC (Birds Directive) sets standards for the protection, management, and monitoring of all naturally occurring species of birds in the European Union and for the designation of EU bird protection areas.
Implementation and Enforcement of Species Protection Law
Permits, Exceptions, and Exemptions
Prohibitions under species protection law generally apply without exception. However, derogations are possible if there are imperative reasons of overriding public interest and no alternative solutions are available (Section 45(7) BNatSchG). Decisions on exceptional permits are made by nature conservation authorities. Typical cases include infrastructure measures, research projects, or measures for the conservation of the relevant species.
Control and Sanctions
Compliance with obligations under species protection law is monitored by nature conservation authorities. Violations of key provisions of species protection law constitute administrative offenses or criminal acts (Sections 69-71 BNatSchG) and may be penalized by fines or imprisonment.
Significance in Planning and Approval Procedures
Within the context of licensing or planning approval procedures (e.g., construction projects, infrastructure projects), compliance with the requirements of species protection must be regularly examined. If there are conflicts with species protection requirements, measures must be taken to avoid, minimize, or compensate for the impacts.
Protection categories and lists in species protection
Red List of Threatened Species
The “Red List” is a register that documents the threat status of individual species at national and international levels. It forms a technical basis for the legal classification and inclusion of species in special protection regimes.
Specially and strictly protected species
Under German law, a distinction is made between specially and strictly protected species. The relevant lists can be found in the Federal Species Protection Ordinance and in Annexes A and B of the EU Species Protection Regulation.
Summary
Species protection is a comprehensive legal field that is implemented at international, European, and national levels through far-reaching treaties, directives, and laws. It covers the protection and sustainable use of wild-living animal and plant species in their natural habitat. Legal requirements serve to preserve biological diversity, secure the populations of endangered species, and ensure the fair global regulation of genetic resource use. Adhering to the requirements of species protection law is mandatory in numerous planning processes, and violations can have significant legal consequences.
Frequently asked questions
Who is responsible for enforcing species protection laws in Germany?
The enforcement of species protection laws in Germany is the responsibility of various authorities at the federal, state, and municipal levels. Primarily, at the federal level, the Federal Agency for Nature Conservation (BfN) is responsible for supervisory and coordinating tasks, especially in connection with the implementation of international species protection agreements such as CITES. At the state level, the respective state environmental agencies and lower nature conservation authorities are responsible. Their tasks include, among other things, control over the handling of protected species, processing exception permits, and monitoring the trade, import, and export of protected species. The police and customs also have enforcement duties, for example with regard to monitoring international trade in species. In cases of violations, administrative or criminal proceedings may be initiated, involving the public prosecutor’s offices. Coordination between the authorities is ensured by legally defined reporting and notification obligations and by regular inter-agency meetings.
What are the legal consequences of violating species protection laws?
Violations of species protection provisions in Germany are prosecuted as administrative offenses or crimes, depending on the severity of the offense. The Federal Nature Conservation Act (BNatSchG) provides for fines as well as prison or monetary penalties. Administrative offenses, such as unlawful capturing, killing, or possession of protected species, can be penalized with fines of up to 50,000 euros. Particularly serious violations, such as commercial trading or repeated offenses, may incur prison sentences of up to five years. Penalties can be increased especially if the affected species belongs to the group of specially or strictly protected species (under Annex A of the EU Regulation or Annex I of the CITES Convention). Law enforcement authorities can also confiscate and order the destruction of protected animals, plants, or products derived from them.
Are there statutory exemptions from species protection and how are these granted?
Exemptions from species protection are strictly regulated by law and governed by the Federal Nature Conservation Act (BNatSchG) as well as relevant EU regulations. Such exemptions can be granted in specific cases, for example for scientific purposes, for the reintroduction of endangered species, or where overriding reasons of public interest exist. Approval is generally granted by the responsible nature conservation authorities of the federal states. Before the exemption is issued, it is examined whether less invasive alternatives exist and whether the exemption is compatible with the protection objective. Exemptions must generally be documented and accompanied by specific conditions to minimize negative impacts on populations. In the European context, the provisions of the Fauna-Flora-Habitat Directive (Habitats Directive) also apply.
What role does the Washington CITES Convention play in German law?
The Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) constitutes the international legal basis for the trade in endangered animal and plant species. Germany has ratified the agreement and implemented the requirements into national law, including through the Federal Nature Conservation Act and the Federal Species Protection Ordinance. As a result, CITES provisions are directly binding. Separate permits and certificates, applied for at the Federal Agency for Nature Conservation, are required for the import and export of protected species and their products. Customs authorities carry out controls at the border. Violations of CITES regulations lead to the same severe penalties as national violations. Furthermore, Germany is required to regularly submit reports on the implementation and compliance with CITES regulations to the CITES Secretariat of the United Nations.
What requirements apply to the keeping and breeding of protected species?
Anyone wishing to keep or breed specially or strictly protected species in Germany must comply with numerous legal requirements. Firstly, there is a statutory obligation to notify the responsible nature conservation authority. For some species, a special permit for keeping them is also required, the granting of which is subject to certain minimum requirements regarding appropriate housing, care, and protection against escape. Proof of the animal’s or plant’s legal origin (e.g., purchase receipt, CITES certificate) must be provided at any time. In the case of breeding, it must be ensured that the animals or plants were acquired legally and bred in an appropriate manner without impairing wild populations. Violations of these duties can result in withdrawal of the keeping permit, confiscation of the animals or plants, and significant fines.
Must findings or observations of protected species be reported?
In many cases, there is a statutory obligation to report findings or observations of strictly protected species. This obligation, in Germany, applies especially to authorities, scientists, or persons who encounter relevant animal or plant species as part of their work (e.g., in construction projects, environmental assessments). Reporting is usually to the responsible nature conservation authorities or specific species protection databases maintained by the federal states. The rationale for this reporting obligation is to improve registration and monitoring of the occurrence of protected species to ensure and enhance legal protection. Private individuals are not always obligated to report, but can also submit reports to help promote species protection. Data from such reports are anonymized and used for conservation concepts and monitoring.
How should legally compliant handling of finds from protected species (e.g., feathers, antlers, shells) be ensured?
Possession of finds from strictly or specially protected species, including feathers, antlers, shells, or parts of protected plants, is subject to strict regulation in Germany. As a rule, possession is permitted only if proof of lawful origin can be provided and if such items are not subject to registration or possession or trade bans under relevant laws. Many protected species are subject to a possession ban even after natural death or natural detachment in the habitat. It is recommended to report finds immediately to the competent nature conservation authority and not to remove or use them on one’s own authority. The authority decides on a case-by-case basis whether the finder may keep the item, usually setting certain conditions. Violations can result in fines or even criminal penalties.
