Species protection exemption and exemption Unfortunately this specification of service has not yet been completely translated.
The Federal Nature Conservation Act (BNatSchG) regulates in general terms the handling of wild animals and wild plants in Section 39, even if they are not particularly protected. Such animal or plant species and their habitats must not be affected for no reasonable reason. In particular, it regulates: commercial gathering, burning or other disposal of plant populations the pruning of reeds, hedges and trees, the use of trench cutters the search for bat quarters in the winter half-year. The usual, regular hedge and tree cutting in gardens and parks remains permissible even in the growing season, as long as bird nests are spared. Otherwise, details must be checked and, if necessary, clarified with the nature conservation authority. The impairment of occurrences of particularly or strictly protected species is prohibited in accordance with Section 44 (1) Of the BNatSchG. This may also apply to building renovation or conversion work without planning permits; e.g. removal of nests (e.g. owls, falcons, wall sailors) or bat quarters, lizard or locust deposits (e.g. exposed dry stone walls or gravel areas). In particular, the: Killing Extraction from nature (also relocation) Destruction of reproductive or resting places Disruption of species, especially during breeding times. It is necessary to clarify whether statutory exemptions apply or whether an exception (Section 45 para. 7 BNatSchG) or exemption (Section 67 BNatSchG) is required. In the case of the authorisation of acts, interventions, projects or projects (hereinafter referred to as projects), it is therefore necessary to examine whether the infringement of prohibitions on the protection of species is probable. This shall be the case on a regular basis where the establishment or operation results in effects on the occurrences of protected species which, compared to the previous state, lead to a significant increase in the intensity of exposure to nature and landscape. Examples: Destruction or removal of nests (e.g. on facades or attics in the course of thermal insulation measures) Removal of special habitat structures (e.g. striking cave trees, hedges, rest areas, rare special biotopes) Outdoors can also be important: attracting or repulsive object effects (e.g. light, sound, odours, colours), moving objects (e.g. vehicles, moving parts) or the introduction of structures that are unusual in nature (e.g. horizontal conductor ropes, glass panes). In addition, due to the habitat structure or for other reasons, there should be indications of the occurrence of corresponding species (e.g. animal faeces in or on buildings, residues of nests). The more these conditions are met, the more there is a risk of violating prohibitions on the protection of species in accordance with Section 44 bNatSchG . Accordingly, these concerns need to be examined in greater depth.
Information on how a species is protected by law is provided by the Scientific Information System on International Species Protection ( WISIA ) of the Federal Office for Nature Conservation (BfN):