Definition of terms: Wild plants and animals
Wild plants and animals are central concepts in environmental law, nature conservation law, and international species protection. They include all species of plants and animals that have their habitat independently from human cultivation or breeding in the wild, or originally did. In the legal context, delimitation, protection, use, possession, and trade are especially pertinent issues, comprehensively regulated by national and international legal instruments.
1. Distinction from other terms
1.1 Wild animals versus domestic and farm animals
Wild animals are all animal species that live in their natural habitats without domestication. In contrast, domestic and farm animals’ populations and habitats are determined by humans. The legal system differentiates here, as the duties and rights in dealing with wild animals fundamentally differ from those related to domestic or farm animals.
1.2 Wild plants versus cultivated plants
The same applies to plant species: Wild plants are species and populations that spread without targeted selection or cultivation by humans. Cultivated plants are influenced by selective breeding and cultivation and are subject to different legal regulations.
2. Legal foundations
2.1 National law
2.1.1 Federal Nature Conservation Act (BNatSchG)
The Federal Nature Conservation Act is the key regulation for the protection of wild plants and animals in Germany. § 7 BNatSchG defines these terms and distinguishes between especially and strictly protected species. The law contains requirements for the protection of habitats, species, and biotopes.
2.1.2 Federal Hunting Act (BJagdG)
Hunting law addresses the handling of wild animals subject to hunting law (“game”). This includes regulations governing possession, use, conservation, and hunting.
2.1.3 Animal Welfare Act (TierSchG)
When it comes to live capture, keeping, or killing wild animals, the general provisions of the Animal Welfare Act also apply, especially regarding the avoidance of pain and species-appropriate treatment.
2.1.4 Plant Protection Act (PflSchG)
With regard to wild plants, the Plant Protection Act addresses issues of the occurrence and regulation of certain species, particularly when they appear as “weeds” or invasive species.
2.2 International law
2.2.1 Washington Convention on International Trade in Endangered Species (CITES)
The Washington Convention regulates international trade in endangered wild animal and plant species. The species listed in the CITES appendices may only be traded or possessed under certain conditions.
2.2.2 Bern Convention
The Bern Convention obliges its contracting parties to protect wild European plants and animals and their natural habitats.
2.2.3 EU Flora-Fauna-Habitat Directive (FFH Directive)
The FFH Directive protects wild species in Europe and their habitats. It sets requirements for the designation of protected areas (Natura 2000), for the maintenance of populations, and for prohibitions regarding protected species.
3. Possession and use of wild plants and animals
3.1 Legal classification of possession
According to § 960 BGB, wild animals legally belong to no one (“ownerless”) as long as they are free-living (“in the wild”). Only by seizing (catching, hunting) may they become the property of the finder or hunter, provided legal requirements are met.
For wild plants, ownership is usually tied to land ownership. Unauthorized removal or collection is restricted or prohibited by nature conservation law.
3.2 Protected use and prohibitions
Many species are subject to collection, capture, killing, and trade prohibitions, especially if they are especially or strictly protected. These include regulations under §§ 44, 45 BNatSchG (strictly protected species) as well as relevant European and international regulations.
Exceptions (e.g., hunting, management, research) are strictly regulated and usually require an official exemption permit.
4. Protection mechanisms
4.1 Protection categories and measures
The legal system provides for different categories of protection: Strictly protected species (e.g. European bird species, wolf species): Comprehensive ban on capture, possession, transport, and marketing. Especially protected species: Restricted bans with the possibility of official exceptions.
* General species protection: Basic prohibitions on removal from the wild and unauthorized possession.
4.2 Habitat protection
The protection of wild flora and fauna includes not only the individuals but also their habitats (“habitat protection”). Numerous regulations (e.g. § 30 BNatSchG, FFH Directive) require the preservation and development of ecologically valuable areas such as wetlands, heaths, forests, and waters.
5. Fines, penalties, and sanctions
Violations of regulations protecting wild plants and animals constitute administrative offenses or criminal acts and are strictly punished. The spectrum ranges from fines under administrative offense law up to imprisonment for serious offenses (e.g., illegal trade, destruction of strictly protected habitats).
6. Importance for nature conservation
Wild plants and animals are central objects of protection under nature conservation law. They safeguard biodiversity and make essential contributions to the stability and functioning of ecosystems. The legal protection regime serves to balance human use and the preservation of natural resources.
References
- Federal Nature Conservation Act (BNatSchG)
- Federal Hunting Act (BJagdG)
- Animal Welfare Act (TierSchG)
- Plant Protection Act (PflSchG)
- Washington Convention (CITES)
- Bern Convention
- Flora-Fauna-Habitat Directive (FFH Directive)
Note: This presentation provides a comprehensive overview of the legal framework for wild plants and animals in German-speaking countries and their European and international connections. For detailed questions, it is always recommended to consult the relevant legal texts or authorities.
Frequently asked questions
May I collect wild plants for personal use?
Collecting wild plants for personal use is generally regulated by law in Germany. According to §39 paragraph 3 of the Federal Nature Conservation Act (BNatSchG), it is prohibited to remove wild-living plants without reasonable cause. However, there is what is known as the ‘hand bouquet rule’: it allows the collection of small quantities of wild plants, their parts, and fruits for personal use, provided that no protected species are affected and the plants come from the wild in areas not under special protection (such as nature reserves). This means that collecting for private use is permitted as long as there is no impairment of the population and collection is done without tools. For protected or endangered species—for example, many orchids—there is an absolute prohibition on removal, regardless of quantity. Furthermore, state-specific regulations may further restrict collection.
Is it permitted to catch or keep wild animals in nature?
Capturing or keeping wild animals is strictly regulated and in many cases prohibited. According to the Federal Nature Conservation Act, it is not permitted to remove wild animals from their natural environment or to possess them unless an official permit is granted. An exception may apply to certain non-protected species, such as keeping amphibians or reptiles as long as no threat to the population exists. Catching wild animals for scientific purposes or wildlife care generally requires authorization from the nature conservation authority. Additionally, under the Animal Welfare Act, there is an obligation to keep animals in a species-appropriate manner, so even lawfully captured animals are subject to special requirements.
What penalties apply for the unauthorized removal of protected plants or animals?
Violations of the Federal Nature Conservation Act, particularly the collection, digging up, or capturing of protected species, can constitute administrative offenses or even criminal acts. Depending on the severity of the violation, fines amounting to several thousand euros are possible; in serious cases (e.g., commercial removal of protected species), imprisonment may be imposed (§71 BNatSchG). The exact penalty depends on which species is affected, the scope of the action, and whether it is a repeat offense. Even the mere possession of illegally taken plants or animals may be punishable.
Are there special regulations for entering protected areas?
Yes, protected areas such as national parks, nature reserves, or natural monuments are subject to special legal requirements. Entry to such areas is usually only permitted on designated paths; collecting, capturing, or damaging wild plants and animals is generally prohibited. Offenses are punished as administrative violations. In biosphere reserves or landscape protection areas, the rules may be less strict, but even here, removal of plants and animals is generally prohibited or only allowed in exceptional cases and with a permit.
What permits may be required for handling wild plants and animals?
For certain activities—such as collecting plant samples for research, capturing rare animals for scientific purposes, or removal for reintroduction projects—exemptions may be granted by the competent nature conservation authorities. Strict conditions must be met for this, such as proof of a specific research interest, a public interest, or a conservation action plan. Without these written permits, which are usually time-limited and purpose-bound, any removal, even for seemingly harmless purposes, is prohibited.
What should be considered legally when photographing or disturbing wild animals?
Purposely disturbing wild animals, for instance for photography, is legally restricted. According to the Federal Nature Conservation Act, it is forbidden to significantly disturb wild animals during their breeding, nesting, rearing, molting, migration, or hibernation periods (§44 BNatSchG). This is particularly strict for strictly protected species, such as certain birds or bats. Entering sensitive areas, setting up camera traps, or feeding for photo purposes can also be prohibited or require a permit. Violations are treated as administrative offenses and can result in fines.
May I take found dead wild animals or plant parts with me?
Taking dead wild animals or their parts (e.g., feathers, antlers, bones) is also subject to legal restrictions. For protected species, mere possession is prohibited, regardless of the circumstances of the find. Otherwise, nature conservation and hunting laws may apply: for example, antlers and shed antlers found on the forest floor often cannot be taken without the consent of the forestry office or authorized hunter. Plant parts such as broken branches may usually be taken in small quantities as long as no protection provisions apply. To avoid legal violations, it is always recommended to consult the responsible authority in cases of doubt.
