Artenschutzrecht; Beantragung einer Ausnahmegenehmigung oder Befreiung

Exceptions or exemptions from the prohibitions on the access, possession and marketing of specially and strictly protected animal species can be applied for and granted in individual cases.

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 the 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 and export and marketing.

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

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

• specially protected animal species (e.g. moles, swallows, dormice)
• specially protected plant species (e.g. certain orchids, arnica)

want to deviate.

Competent authorities:

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

• none

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.

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

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.

There is no statutory processing period. The processing time depends on the individual case, but is usually realistic within a period of four weeks.

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.