Nature conservation; Plants; Authorisation for commercial abstraction, processing of wild plants Unfortunately this specification of service has not yet been completely translated.
If you want to collect wild plants or parts of them for trade or for commercial purposes (e.g. field flowers, blueberries, moss, ferns, lichens, etc.), you need not only the permission of the owner but also a permit from the lower nature conservation authority. This is to prevent over-exploitation of such wild plants. The authorisation may be subject to conditions, for example, in order to protect wild plants from a reduction or eradication that endangers the species. If protection requirements are not sufficient, withdrawal must be prohibited. The permit specifies which plant species, which parts, what quantities and where they may be collected. The collector must carry the permit with him during collection and hand it over to the police or the regulatory authorities upon request for examination. Plants within the meaning of the Federal Nature Conservation Act also apply: wild, artificially propagating and dead plants of wild species, seeds, fruits or other forms of development of plants of wild species, easily recognisable parts of plants of wild species and products recognisably derived from plants of wild species. For the purposes of this Act, lichens and fungi are also considered to be plants.
The written application shall indicate which plant species, which parts or products, which quantities and in which places (meaningful: map sections) they should be collected. The authorisation shall be granted where the stock of the species concerned is not endangered at the place of collection and the natural budget is not significantly affected. When deciding on extractions for the purpose of producing regional seeds, account must be taken of the beneficial effects on the objectives of nature conservation and landscape conservation. The nature protection authority checks the completeness of the documents (see deadlines).
The rights of the owners and other users remain unaffected. This includes measures in the context of proper agricultural or forestry land use which do not require authorisation under nature protection law (e.g. logging, marketing of jewellery rice and Christmas trees, etc.). Further information and information can be found on the website of the Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection in the field of nature conservation as well as on the website of the government presidiums Of Kassel, Darmstadt and Gießen. Many counties and cities with their own lower nature conservation authority have their own website, from which you can directly identify contact persons.
Section 39 paragraph 4 Act on Nature Conservation and Landscape Conservation (Federal Nature Conservation Act - BNatSchG ) Section 7 (2) No. 2 federal nature conservation act Section 2 para. 1 Hessian Implementing Act on the Federal Nature Conservation Act (HAGBNatSchG) Section 3 (2) sentence 1 and 2 HAGBNatSchG Section 42a Hessian Administrative Procedure Act
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