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 their 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, export and marketing.

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

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

• Species under special protection (e.g. moles, swallows, dormice)
• Specially protected plant species (e.g. certain orchids, arnica)

want to deviate.

Responsible authorities:

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

Further information can be found under Forms in the documents listed:

• Leaflet on species protection on buildings.
• Instruction leaflet on the control of neophytes.

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.

• Instruction leaflet on the control of neophytes
• Leaflet on species protection on buildings

• Exceptional approvals:
  • 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 the administrative costs
• Exemptions: between EUR 50.00 - 10,000.00 depending on administrative costs

• § Section 45 (7) of the German Nature Conservation and Landscape Management Act (BNatSchG)
• § Section 67 Act on Nature Conservation and Landscape Management (Federal Nature Conservation Act - BNatSchG)

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.

• Specially protected vertebrates; notification of population, population changes or relocation
• Nature and landscape; application for an intervention