Concept and Legal Definition of a Zoo
A zoo is a permanent facility in which living animals of wild species are kept for the purpose of public display during a significant part of the year. The definition as well as the legal requirements for zoos are anchored in various national and international legal regulations. In German law, the relevant definition is derived from the Federal Nature Conservation Act (BNatSchG) and the associated state-level regulations, while at the European level the EU Zoo Directive 1999/22/EC is particularly applicable.
Historical Development of Zoo Law
The legal regulation of zoos has a long history of development, ranging from animal welfare standards to detailed environmental and species protection regulations. As early as the 19th century, the first statutory requirements concerning animal husbandry were formulated. Over the course of the 20th century, requirements with respect to animal welfare, husbandry, and social responsibility increased steadily.
With the EU Zoo Directive and its implementation in national law, the legal regime was fundamentally transformed: zoos became bound by enhanced requirements for the preservation of biological diversity, environmental education, and research.
Legal Bases
National Regulations
Federal Nature Conservation Act (BNatSchG)
Section 42 of the Federal Nature Conservation Act regulates the requirements for the keeping of wild animals in zoos. Zoos in Germany require a special official permit, which is subject to various conditions. The main focuses are requirements for animal welfare, species-appropriate husbandry, species and environmental protection, as well as disease control.
Animal Protection Act (TierSchG)
The Animal Protection Act forms the central basis for the protection of animals kept in zoos. Among other things, it stipulates that animals must be housed in a manner appropriate to their species and needs. Interventions on animals as well as transport and breeding are subject to special regulations.
Other Relevant Laws
- Regulation on the Protection of Animals Used for Farming Purposes
- Animal Transportation Regulation
- State-level Regulations on Animal Husbandry and Operating Permits
- Construction Law Provisions (BauGB, State Building Codes) Regarding the Erection of Structural Facilities
International Legal Regulations
EU Zoo Directive 1999/22/EC
The EU Zoo Directive obliges member states to ensure that zoos are licensed and regularly monitored for conservation, species protection, and animal welfare. Core elements include the promotion of species conservation, environmental education, research, and species-appropriate animal husbandry. The directive has been implemented in Germany through the Federal Nature Conservation Act and the respective state regulations.
Species Protection Conventions (CITES)
Zoos are particularly affected by international species protection conventions, especially the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which regulates the trade and possession of endangered animal species.
Licensing and Operation of Zoos
Authorization Procedure
The establishment and operation of a zoo are subject to official authorization. The permit is granted only if the legal requirements, particularly with regard to species protection, animal welfare, and safety, are met. The authorities examine:
- Proof of the management’s professional suitability
- Submission of a husbandry concept
- Measures to prevent animals from escaping
- Fulfillment of requirements regarding enclosures, safety, and animal husbandry
- Evidence of concepts for education and research
Supervision and Control
Zoos are subject to regular official inspections to ensure compliance with legal requirements. The main focus of supervision is on animal welfare, population conservation, and hygiene standards. In the event of violations, authorities may impose conditions or prohibit operations.
Obligations of Zoo Operators
Species Conservation and Species Preservation
Zoos are obligated to participate in programs for the conservation of endangered species. This includes measures such as breeding programs, conservation breeding, participation in population surveys, and cooperation with other zoological institutions.
Environmental Education and Information
According to statutory requirements, zoos also serve to promote environmental awareness. Operators must ensure that visitors are informed about the species kept, their habitats, as well as threats to species conservation.
Research
Zoos support scientific research for the preservation of biological diversity and the promotion of animal welfare. Participation in genetic and biological studies, monitoring projects, and veterinary research is expressly encouraged by law.
Animal Husbandry and Protection
Operators must ensure species-appropriate housing, care, and medical treatment of the animals. Detailed regulations specify the requirements that enclosures and their design as well as the regular monitoring of animal health must meet.
Animal Law and Other Liability Issues
Liability for Animal Husbandry
Zoos are liable under Section 833 BGB (‘Tierhalter liability’) for damages caused by animals kept by them. This applies particularly in cases of escapes, bites, or other damage to third parties caused by animals.
Liability Towards Visitors
Zoo operators are obligated to take all reasonable safety precautions to protect visitors. This includes safeguards against hazards, barriers, warning signs, and emergency plans. If injuries occur due to animals or inadequate safety, liability may arise under the general tort provisions (§§ 823 ff. BGB).
Environmental Law Responsibility
Zoos must comply with environmental protection regulations, such as those concerning wastewater, disposal of food and animals, and emission control. Violations can lead to fines, conditions, or, in extreme cases, revocation of the operating license.
Difference from Wildlife Parks, Game Enclosures, and Aquariums
Not every animal holding facility falls under the legal definition of a zoo. By law, circuses, pet shops, reptile rescue centers, and game enclosures are generally excluded, provided these are not permanently open to the public or primarily serve sales or short-term presentations. Different or additional legal provisions apply to such establishments.
Termination of Zoo Operations and Post-Closure Obligations
In the event of closure or revocation of the operating license, operators are obligated to continue ensuring appropriate housing and care of the animals or to arrange for new suitable housing. Authorities may issue instructions or, if necessary, act by substitute performance.
Summary
Zoos are subject to a complex body of law shaped by national and international requirements. The relevant regulations serve to protect animals, preserve endangered species, foster environmental education, and ensure the safety of visitors and the environment. Operators bear a special responsibility toward animals, visitors, and public authorities, and must comply with complex requirements from the fields of nature conservation, animal welfare, environmental law, and liability law.
Frequently Asked Questions
What legal requirements must be met to establish a zoo?
The establishment of a zoo in Germany is subject to numerous legal provisions based on national and European laws. First, a permit under § 42 of the Federal Nature Conservation Act (BNatSchG) is required. The prerequisites include, among other things, a detailed operational concept guaranteeing animal welfare, appropriate husbandry, and the safety of visitors. The structural facilities must also comply with the respective state building codes and hygiene regulations must be observed. Furthermore, the establishment must be licensed under the European Zoo Directive 1999/22/EC. Protective measures for the animals kept and programs to promote their preservation, research, and education are required. Regular inspections and audits by veterinarians and competent authorities are mandatory. Violations of these requirements may lead to refusal or revocation of the permit.
What legal requirements apply to the keeping and accommodation of zoo animals?
Extensive legal requirements apply to the keeping of animals in zoos, especially the Animal Protection Act (§ 2 ff. TierSchG) as well as the Zoo Animal Protection Ordinance (TierSchZooV). These regulations require that animals be housed, fed, and cared for in accordance with their needs. Enclosures must on the one hand provide sufficient space and retreat options to enable species-specific behavior. On the other hand, arrangements for the animals’ welfare, such as temperature control, appropriate enrichment, and access to veterinary care, are essential. In addition, every zoo is required to maintain a breeding register and have emergency plans in place for animal disease outbreaks or natural disasters. Violations may be prosecuted as regulatory or criminal offenses.
How is species protection legally implemented in zoos?
Zoos are legally required to support species protection pursuant to both international (such as the Washington Convention on International Trade in Endangered Species, CITES) and national provisions (BNatSchG). Zoos must implement active conservation measures, such as breeding programs, scientific research, education, and information on biodiversity. These conservation measures are officially monitored, and the breeding and exchange of endangered species are subject to strict notification and approval requirements. All protected animals and their offspring must also be documented and reported regularly. Failure to comply with such regulations can result in severe sanctions, including confiscation of animals and revocation of the zoo license.
What legal obligations does a zoo have toward its visitors?
A zoo is legally obliged to ensure the safety of its visitors and inform them of potential sources of danger. The basis for this is the German Civil Code (BGB) with regard to road safety obligations and, where applicable, the Product Liability Act. This includes that all facilities, enclosures, and visitor areas be regularly inspected for safety hazards and properly maintained. Markings, barriers, and warning signs must be present and clearly displayed. Should a visitor suffer harm because the zoo has breached its duty of care, it may be held liable for damages and pain and suffering.
What legal remedies are available against official decisions regarding a zoo?
Operators may appeal administrative decisions, such as the refusal or revocation of a zoo license, through the administrative courts. This means that an objection must first be filed against the decision. If this is unsuccessful, it is possible to bring an action before the competent administrative court (see Code of Administrative Court Procedure, VwGO). In urgent cases, interim measures may be requested to obtain suspensive effect as long as the main proceedings are pending. It is essential to observe the statutory deadlines and formal requirements—otherwise, loss of legal rights may result.
What data protection requirements must be observed in the zoo?
Zoos process personal data in the course of visitor management, online ticketing, video surveillance, or research projects, and are thus subject to the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). There must always be a lawful basis for the collection and processing of data, the persons concerned must be fully informed about the type, purpose, and duration of data storage. Data protection rights such as access, deletion, and objection must be ensured, and technical and organizational measures must be put in place to protect the data from unauthorized access. Data protection breaches must be reported and can result in hefty fines.
Under what conditions may animals be transferred or exchanged from zoos?
The transfer, further transfer, or exchange of zoo animals is subject to approval under the Animal Protection Act and, where applicable, the Washington Convention on International Trade in Endangered Species (CITES). In particular, for protected species, official approval and documentation are required. Animals may generally only be transferred to other suitable institutions that can ensure species-appropriate husbandry. The respective transfers must also be transparently documented and reported to the competent authorities. A breach of these legal requirements may result in severe penalties, including fines or withdrawal of keeping and breeding permits.
