Law On Nature Conservation And Landscape Management

Original Language Title: Gesetz über Naturschutz und Landschaftspflege

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/bnatschg_2009/BJNR254210009.html

Law on nature protection and landscape conservation (federal nature conservation Act - BNatSchG) BNatSchG Ausfertigung date: 29.07.2009 full quotation: "federal nature conservation law of July 29, 2009 (BGBl. I S. 2542), by article 421 of the Decree of 31 August 2015 (BGBl. I p. 1474) is changed" stand: last modified by article 4 para 100 G v. 7.8.2013 I 3154 Note: change by article 421 V v. 31.8.2015 I 1474 (No. 35) still not taken into account learn more to the stand number in the menu see remarks footnote (+++ text detection from) : 1.3.2010 +++) as article 1 of the G v. 29.7.2009, the G was I 2542 decided by the Bundestag. It according Article 27 1 set this G on the 1.3.2010 into force.

Table of contents chapter 1 General provisions § 1 goals of nature protection and landscape conservation section 2 the objectives of section 3 responsibilities, tasks and powers, contractual agreements, cooperation between of the authorities of § 4 function backup areas for public purposes of § 5 agriculture, forestry and fisheries section 6 observation of nature and landscape section 7 definitions Chapter 2 landscape planning § 8 of general principle article 9 tasks and contents of landscape planning. Authorization to adopt legal regulations § 10 landscape programmes and landscape framework § 11 landscape plans and green plans § 12 interaction of countries in planning chapter 3 General protection of nature and landscape section 13 of general principle article 14 interventions in nature and landscape section 15 "polluter pays" obligations, inadmissibility of intervention; Authorization to adopt legal regulations § 16 storage of compensation measures article 17 procedure; Authorization to adopt legal regulations § 18 relative to the construction law section 19 specific damage to species and natural habitats Chapter 4 protection of certain parts of nature and landscape section 1 biotope network and ecological networks;
protected parts of nature and landscape section 20 general principles article 21 biotope network, biotope Networking section 22 Declaration to the protected parts of nature and landscape section 23 protected areas section 24 national parks, national nature monuments section 25 biosphere reserves section 26 protected areas section 27 nature parks § 28 legally protected nature monuments section 29 protected landscape components section 30 biotopes section 2 "Natura 2000" network § 31 construction and protection of the "Natura 2000" network § 32 protected areas article 33 general legislation § 34 compatibility and inadmissibility of projects; Exceptions section 35 genetically modified organisms 36 plans Chapter 5 protection of wild animal and plant species, their biotopes and habitats section 1 General provisions article 37 tasks conservation section 38 General requirements for the species, biotopes and biotope protection section 2 General conservation article 39 general protection of wild living animals and plants; Authorization to adopt legal regulations § 40 Nichtheimische, alien and invasive species section 41 bird protection on power line section 42 zoos § 43 animal enclosures section 3 special conservation section 44 requirements for specially protected and certain other animals and plants article 45 exceptions; Authorization to adopt legal regulations § 46 accountability § 47 recovery section 4 competent authorities, spending authorities § 49 of flora and fauna section 48 participation of customs authorities; Authorization to adopt legal regulations § 50 notification of import, through - and export or moving from third countries § 51 Inverwahrungnahme, seizure and confiscation by the Customs section 5 information and right of access;
Fees and costs article 52 information and right of access article 53 fees and expenses; Authorization to adopt legal regulations section 6 appropriations article 54 authority to adopt legal regulations and administrative provisions article 55 implementation of community or international rules; Authorization to adopt legal regulations Chapter 6 marine nature protection article 56 scope and application section 57 marine protected areas in the area of the German exclusive economic zone and the continental shelf; Authorization to adopt legal regulations § 58 competent authorities; Fees and expenses; Authorization to adopt legal regulations Chapter 7 recreational in nature and landscape section 59 entering the countryside section 60 liability § 61 Sooting of waters and shorelines § 62 deploying land Chapter 8 participation of recognized nature protection associations § 63 participation rights article 64 remedies Chapter 9 property binding, exemptions § 65 toleration duty section 66 pre-emption § 67 exemptions § 68 restrictions of property; Compensation and compensation Chapter 10 fines and penal provisions article 69 penalty provisions article 70 authority § 71 penal provisions section 71a penal § 72 recovery article 73 powers of customs authorities Chapter 11 transition and reconciliation legislation section 74 transition and reconciliation rules Chapter 1 General provisions article 1 objectives of nature conservation and landscape management (1) nature and landscape on the basis of their own value and as a basis for life and health of human responsibility for the future generations in the populated and unpopulated area in accordance with the following paragraphs so are protect that 1 biological diversity, 2 the performance and functioning of the ecosystem including the regeneration ability and sustainable use of natural resources and 3. the diversity, originality and beauty and the recreational value of nature and landscape in the long term are secured; the coverage includes also the care, development and, where necessary, the restoration of nature and landscape (general principle).
(2) to secure lasting biodiversity populations to obtain wild animals and plants including their sites and the exchange between the populations as well as hiking and back settlements are particularly 1 viable according to the respective degree of risk to enable, to counter threats of naturally occurring ecosystems, habitats and species 2., 3. communities and habitats with their structural and geographical peculiarities in a representative distribution; certain parts of the landscape are to be left to the natural dynamics.
(3) in order to secure lasting performance and functioning of the ecosystem are particularly 1 the spatially definable parts of its effect structure with regard to the formative biological functions, material and energy flows and landscape structures to protect; Natural goods that do not renew themselves, are sparingly and gently to use; renewing natural resources may be used only to themselves, that they are permanently available to get soil that they can meet their function in the ecosystem 2. no longer used sealed surfaces are to renaturalise, or, as far as an unsealing is not possible or cannot reasonably be left to the natural development, impairments to protect 3. Marine and inland waters and maintain their natural self-cleaning ability and dynamism; This particularly applies to natural and semi-natural water including its shores, wetlands, and other retention areas; Flood has also by natural or semi-natural measures to be carried out; for the preventive protection of groundwater as well as for a balanced budget of rainfall runoff is to carry through measures of nature protection and landscape conservation concern, also through measures of nature conservation and landscape management to protect 4 air and climate; This applies especially to areas with cheaper air-hygienic or climatic effect as fresh and cold air formation regions or air exchange cars; Building a sustainable energy supply, in particular by increasing use of renewable energy is a special meaning to, 5. self-adjusting ecosystems on wild animals and plants, also with regard to their respective functions in the ecosystem to get their communities and their habitats and biotopes, 6 the development to provide suitable land space and time.
(4) to the permanent protection of diversity, originality and beauty and the recreational value of nature and the landscape are particularly 1 to preserve natural landscapes and historical cultural landscapes, with their culture, building and monuments, defacing, urban sprawl and other impairments, 2. for the purpose of recreation in the countryside according to their nature and suitable location areas especially in the populated and settlement near to protect and to make them accessible.
(5) large, largely undisturbed landscapes are to protect from further fragmentation. The renewed use of already built-up areas, as well as the development of undeveloped land in the be planned and unplanned indoor, insofar as they are not intended for green spaces, has priority over the use of open spaces in the outdoor area. Roads, power lines and similar projects should be led landscape just designed and so bundled the fragmentation and the use of the landscape, as well as impairment of the ecosystem to be avoided or kept as low as possible. Prospecting and in the extraction of mineral resources, archs and embankments permanent damage of the ecosystem and destruction of valuable landscape parts must be avoided; unavoidable impairments of nature and the countryside are particularly by encouraging natural succession, restoration, to compensate for natural design, recycling or reclamation or mitigate.
(6) open spaces in the populated and settlement near range including their components, such as parks, large parks and green spaces, forests and forest edges, trees and Bosk structures, River - and streams with riparian zones and floodplain areas, standing water, natural spaces of experience and horticultural - and agricultural areas, are to receive and where they are not available in sufficient quantities, to create.
Footnote section 1 para 2 to 6 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 2 objectives (1) to everyone according to his ways to attain the objectives of nature conservation and landscape management contribute and behave , that nature and landscape are inevitably affected no more than according to the circumstances.
(2) the authorities of the Federal and State Governments have to support the achievement of the objectives of nature conservation and landscape management in the framework of their competence.
(3) the objectives of nature conservation and landscape management are to realize, as far as it is possible, necessary and reasonable considering all arising from § 1 paragraph 1 requests among themselves and against the other requirements of the general public in nature and landscape in individual cases.
(4) the goals of nature conservation and landscape management in a special way to be considered when the management of base areas in the ownership or possession of the public sector.
(5) the European efforts in the area of nature conservation and landscape management are supported in particular by the construction and protection of the "Natura 2000" network. International efforts in the field of nature conservation and landscape management are in particular due to the protection of the cultural and natural heritage within the meaning of the Convention of 16 November 1972 on the protection of the cultural and natural heritage of the world (BGBl. 1977 II p. 213, 215) supports.
(6) the general understanding of the goals of nature conservation and landscape management is to encourage by appropriate means. Education, education and information media inform at all levels about the importance of nature and landscape, their management and use as well as the tasks of nature conservation and landscape management and raise awareness of a responsible approach to nature and landscape.
Footnote § 1 para 4 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 1 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 3 responsibilities, duties and powers, contractual agreements, cooperation between of the authorities (1) the authorities responsible for nature conservation and landscape management in the meaning of this law are 1 the competent according to national law for nature conservation and landscape management, or 2. the Bundesamt für Naturschutz , where under this Act responsibilities are assigned to him.
(2) the authorities responsible for nature conservation and landscape management monitor compliance with the provisions of this Act and the regulations adopted on the basis of this Act and take the measures necessary in individual cases, discretion to ensure compliance, as far as nothing else is determined.
(3) in the case of measures of nature protection and landscape conservation should be checked as a priority, whether the purpose can be achieved also through contractual arrangements with reasonable effort.
(4) with the execution of landscape conservation and-gestalterischer measures, the competent authorities possible shorts and forestry companies, associations, in which municipalities or municipal associations, farmers and associations that promote the goals of nature conservation and landscape management in the focus, are equally represented to instruct (landscape conservation associations), recognized nature protection associations or media of nature parks. Sovereign powers may not be transferred.
(5) the authorities of the Federal and State Governments already have the authorities responsible for nature conservation and landscape management in the preparation of all public plans and measures which may affect the interests of nature conservation and landscape management to inform about this and to give them opportunity to comment as far as a further form of participation is intended. The participation is obligatory pursuant to sentence 1 for the authorities responsible for nature conservation and landscape management accordingly, as far as planning and measures of nature conservation and landscape management can touch the remit of other authorities.
(6) the authorities responsible for nature conservation and landscape management ensure an early exchange with stakeholders and the interested public about their plans and actions.
(7) are whether a municipality or a municipal Association under this Act only, if the tasks are entrusted to the municipality or the Municipal Association by law of the land.
Footnote section 3 para 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 2 para 6 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) section 3 para 3 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to § 3 para 1 sentence 1 of the Hessian execution law to the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663) section 3 para 3 idF d. G v. 29.7.2009 I 2542: Saxony - deviation due to section 2a of the Saxon conservation law (SächsNatSchG) idF d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) § 3 par. 4 of the idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 5 para. 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 4 is function backup areas for public purposes with measures of nature protection and landscape conservation areas , the exclusively or predominantly purposes 1 the defense, including the fulfilment of international obligations and protection of the civilian population, 2 the Federal Police, 3. public transport as public transport routes, 4 of the sea or inland waterway transport, 5. the supply, including the areas declared this as vulnerable, and disposal, 6 protection against flooding by flooding or 7 of the Telecommunications Act or are included in a binding plan for the mentioned purposes , to ensure proper use. The goals of nature conservation and landscape management are taken into account.

5 agriculture, forestry, and fisheries (1) measures of nature conservation and landscape management is the special significance of a nature and landscape-compatible agriculture, to take account of forestry and fisheries for the preservation of the cultural and recreational landscape.
(2) in the case of agricultural use are in addition to the requirements arising from the rules applicable to agriculture and § 17 paragraph 2 of the Federal soil protection act, to consider in particular the following principles of good practice: 1 the management must be adjusted to the location and the sustainable soil fertility and long-term usability of surfaces, must be
2. the natural features of the land (soil, water, flora, fauna) must not be impaired beyond necessary to achieve a sustainable yield;
3. the networking of biotopes required landscape elements are to receive and to breed;
4. the livestock has to be proportionate to the crop and harmful environmental effects are to be avoided;
5. on erosion-prone slopes, in floodplains, on sites with high ground water level, as well as on peat sites a grassland break is to refrain from;
6. the application of fertilizers and pesticides has in accordance with the right of agricultural trade to be carried out; is a documentary about the application of fertilizers in accordance with § 7 of the information as amended by the notice of February 27, 2007 (BGBl. I S. 221), most recently by article 18 of the Act of July 31, 2009 (BGBl. I p. 2585) has been changed, as well as a documentary about the use of plant protection products is in accordance with article 67 paragraph 1 sentence 2 of the Regulation (EC) 1107/2009 to lead No..
(3) in the case of forestry use of the forest is to pursue the objective, to build natural forests and to manage them sustainably without clear-cutting. A sufficient proportion of site-local forest plants must be observed.
(4) in the case of the fishing exploitation of surface water, they are including their riparian zones as biotopes and habitats for native flora and fauna to preserve and promote. Stocking these waters with non-indigenous species is generally forbidden. At fish farms and schools of inland fishing, impairment of native flora and fauna on necessary in order to achieve a sustainable yield shall be limited.
Footnote § 5 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by Article 2B of the Bavarian nature protection Act (BayNatSchG), this idF d. type 78 para 8 of the Bavarian Water Act (BayWG) v. 25.2.2010 GVBL S. 66, Baby2 753-1-UG, mWv 1.3.2010 until the finances (see BGBl. I 2010, 275); Go to the deviation. by Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-U mWv 1.3.2011 (see BGBl. I, 2015, 152) § 5 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 3 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 5 para 2 idF d. G v. 29.7.2009 I 2542 : Schleswig-Holstein - deviation due to § 3 par. 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 5 para 2 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation by section 3 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) § 5 para 2 No. 6 last Halfsentence idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 3 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 5 ABS. 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - derogation by article 3, par. 3 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 5 ABS. 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 3 par. 4 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 6 observation of nature and landscape (1) the Federal Government and the countries seen in the limits of its powers of nature and landscape (general principle).
(2) the observation is the targeted and continuous identification, description and assessment of the State of nature and landscape and its changes, including the causes and consequences of these changes.
(3) the observation includes in particular 1 the condition of landscapes, habitats and species for the fulfilment of international commitments, 2. the State of preservation of the natural habitat types and species of Community interest including accidental capture or killing of the animals listed in annex IV of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and Flora (OJ L 206 of the 22.7.1992, p. 7), the last by Directive 2006/105/EC (OJ L 363 of 20.12.2006, p. 368) is changed, are listed, as well as of European bird species and their habitats; Here are the priority natural habitat types and priority species particularly taken into account, 3. the State further in annex III table 1 of Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the area of the marine environment (marine strategy framework directive) (OJ L 164 of the 25.6.2008, p. 19) listed habitat types and other biological characteristics.
(4) the competent authorities of the Federal and State Governments support the observation. You should coordinate their monitoring activities.
(5) the Federal Office for nature protection performs the duties of the Federal Government in relation to the observation of nature and landscape unless otherwise provided in legislation.
(6) legislation on secrecy, on the protection of personal data and the protection of operating and business secrets shall remain unaffected.

Section 7 definitions (1) this law shall apply following definitions: 1 biological diversity the diversity of plant and animal species including the intraspecific diversity, as well as the diversity of forms of life communities and habitats;
2. natural environment the natural resources of soil, water, air, climate, animals, plants and the causal network between them;
3. recreation natural and crafted in a landscape-friendly natural and leisure experiences including nature and landscape-friendly sporting activity in the free landscape, insofar as this does not affect the other objectives of nature conservation and landscape management;
4. natural habitat types of Community interest listed in annex I of to Directive 92/43/EEC of habitat types listed.
5. priority natural habitat types in annex I of to Directive 92/43/EEC with the mark (*) habitat types;
6 areas of Community importance that in the list referred to in article 4 paragraph 2 subparagraph 3 which captured areas, even if a protection within the meaning of § 32 paragraph 2 to 4 still not guaranteed is Directive 92/43/EEC;
7th European bird sanctuaries areas within the meaning of article 4 paragraphs 1 and 2 of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20 of 26.1.2010], p. 7), if a protection within the meaning of § 32 paragraph 2 to 4 is already guaranteed;
8 Natura 2000 sites sites of Community importance and European bird sanctuaries;
9 conservation objectives targets that are set one in regard to the maintain or restore a favourable conservation status of a natural habitat type of Community interest, in annex II of Directive 92/43/EEC or species referred to in article 4 paragraph 2 or Annex I of to Directive 2009/147/EC for a Natura 2000 site;
10 favourable conservation status condition within the meaning of article 1 letter e and i of Directive 92/43/EEC and of article 2 paragraph 4 of Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability to the prevention and remedying of environmental damage (OJ L 143 of 30.04.2004, p. 56), most recently by the directive 2009/31/EC (OJ L 140 of the 5.6.2009, p. 114) is changed.
(2) following additional definitions shall apply of this law: 1. animals a) wild, caught or farmed and wild living that has become not abandoned and dead animals, b) eggs, even in an empty state, as well as species of wild living larvae, dolls, and other forms of development of animals, c) species identifiable parts of animals without another wild living and d) products obtained readily recognizable from animals of wild species;
2. plant a) wild, obtained by artificial propagation and dead plants of wild species, b) seeds, fruits or other forms of development of plants of wild species, c) species identifiable parts of plants without another wild living and d) products obtained readily recognizable from plants of wild species;
Plants within the meaning of this law are also lichens and fungi;
3. type any species, subspecies or part of population of a species or subspecies; for the determination of a type, its scientific name is decisive;
4. Habitat Habitat of cohabitation of wild animals and plants.
5. life site regular abode of wild individuals of a species;
6 population is a biologically or geographically defined number of individuals of a species;
7 species is a wild living animal or plant, the their distribution area or regular hiking area wholly or partly a) domestically has or has had in historical time or b) extends in a natural way in the domestic;
a wild animal or plant species considered native even though feral himself or naturalized through human influence for animals or plants of the kind concerned domestic in nature and without human assistance over several generations receive as population;
8 alien kind of a wild animal or plant, if it no longer occurs in the wild not or for more than 100 years the area concerned;
9 invasive species a type, whose coming from outside its natural distribution area where naturally occurring ecosystems, habitats or species represents a considerable hazard potential.
10 species of Community interest which in annex II, IV, or V of Directive 92/43/EEC listed animal and plant species;
11 priority species listed in annex II of to Directive 92/43/EEC with the mark (*) marked animals and plants;
12th European bird species in Europe naturally occurring species of birds in the meaning of article 1 of the directive 2009/147/EC;
13 specially protected species a) flora and fauna, in Annex A or Annex B of Regulation (EC) No 338/97 of the Council of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade (OJ L 61 of the 3.3.1997, p. 1, L 100 of the 17.4.1997, p. 72, L 298 of the 1.11.1997, p. 70, L 113 of the 27.4.2006, p. 26), most recently by Regulation (EC) No 709 / 2010 (OJ L 212 of the 12.8.2010, p. 1) is changed, are listed in b) not covered by 3(a) aa)
(Animal and plant species listed in annex IV of to Directive 92/43/EEC bb) European bird species, c) plant and animal species that are listed in a legal regulation according to § 54 para 1;
14 strictly protected species specially protected species, the a) in Annex A to Regulation (EC) No 338/97, b) in annex IV of to Directive 92/43/EEC, c) are listed in a regulation pursuant to article 54, paragraph 2;
15 have; been bred animals animals, born in a controlled environment or generated in other ways, and lawfully obtained their parents animals
16 artificial plants propagated plants that have been pulled up from seed, tissue cultures, cuttings or divisions under controlled conditions;
17 offering to sell Declaration of readiness or to buy and similar acts, including the advertising, the instigation of advertising or the prompting of sales or purchase transactions;
18th placing offered, holding to submit, for sale and each other;
19 lawful in accordance with the applicable legislation on the protection of the species in the State, as well as with the European Community acts in the field of biodiversity and the Convention of 3 March 1973 on international trade in endangered species of wild fauna and Flora (BGBl. 1975 II S. 773, 777) - Washington Convention - within the framework of their respective spatial and temporal validity or applicability;
20th Member State a State that is a member of the European Union;
21 third country a State which is not a member of the European Union.
(3) as far as this law apply to in annexes 1 Regulation (EC) No 338 / 97, 2. Regulation (EEC) No. 3254 / 91 of the Council of 4 November 1991 prohibiting the use of leghold traps in the community and fishing methods not corresponding with the import of pelts and manufactured goods of certain wild animal species originating countries, leghold traps or the international humane trapping standards (OJ L 308 of the 9.11.1991, p. 1), 3. Directives 92/43/EEC and 2009/147/EC, 4. Directive 83/129/EEC of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products thereof (OJ L 91 of the 9.4.1983, p. 30), the last by Directive 89/370/EEC (OJ L 163 of the Outils, p. 37) has been changed, or provisions of these acts is referenced, referred to annexes, the annexes are applicable respectively in amended arising from the publications in the Official Gazette Part L of the European Union.
(4) the Federal Ministry for environment, nature conservation and nuclear safety announces the specially protected and strictly protected species and the time of their respective protected status.
(5) when specially protected species were already under special protection in accordance with the provisions force until May 8, 1998, the one resulting from these regulations is when the protected status. The same applies for the strictly protected species, insofar as they were referred to the force until May 8, 1998 regulations as threatened by extinction.
Footnote § 7 para 1 No. 8 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to § 14 para 1 sentence 1 of the Hessian execution law to the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663) Chapter 2 the objectives of nature conservation and landscape management be landscape planning § 8 general principle as basis of preventive action in the framework of landscape planning nationally and locally defined and represented the needs and the measures to achieve these objectives and justified.

Article 9 tasks and contents of landscape planning. Authorization to adopt legal regulations (1) landscape planning has the task to define the goals of nature conservation and landscape management for the respective planning area and provide information on the needs and the measures to achieve these objectives for the planning and management process, whose Entscheidungen affect on nature and landscape in the planning area.
(2) contents of landscape planning are the appearance and justification the specific objectives of nature conservation and landscape management and serving their implementation requirements and measures. Representation and reasoning be § in accordance with § 10 and 11 in green plans, landscape plans, landscape frameworks and landscape programs.
(3) the plans should information contain about 1 the existing and the expected state of nature and landscape, 2. the concrete objectives of nature conservation and landscape management, 3. the assessment of the existing and expected state of nature and landscape in accordance with these objectives including the conflicts arising from them 4 the requirements and measures for the implementation of the specific objectives of nature conservation and landscape management , in particular: a) to the prevention, reduction or elimination of adverse effects of nature and landscape, b) to protect of certain parts of nature and landscape within the meaning of chapter of 4 and the habitats, communities and sites of fauna and flora of wild living species c) on land, because of their condition, their location or their natural development opportunity for future action of the nature conservation and landscape management , in particular to compensate for interference with nature and landscape as well as to the use of natural and landscape-related funding are particularly suitable, d) to build and protect of a biotope network, the ecological networks and the network "Natura 2000", e) protection, to improve quality and to the regeneration of soils, water, air and climate, f) for the conservation and development of diversity, originality and beauty and the recreational value of nature and landscape , g) to the preservation and development of open spaces in the populated and unpopulated area.
On the usability of the representations of the landscape design for the spatial plans and plans, consideration is to take. The Federal Ministry for environment, nature conservation and nuclear safety is authorised by decree with the consent of the Federal Council to regulate the map characters to use for the presentation of the content.
(4) landscape planning is continuing, as soon as and as far as this set is required 1 number 4 in terms of needs and measures within the meaning of paragraph 3, in particular because significant changes of nature and landscape in the planning area occurred, provided or are expected. The update can be as substantive or spatial part plan, provided that the circumstances giving rise to the update, are factual or spatially limited.
(5) in planning and administrative procedures are the content of the landscape planning to take into account. In particular, the contents are the attract landscape planning for the assessment of environmental impact and the impact in the sense of article 34 paragraph 1 of this law as well as in establishing the action programmes within the meaning of §§ 45 h and 82 of the water resources Act. As far as not to take account the content of the landscape planning in the decisions, this is justified.
Footnote § 9 idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to § 7 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2829) § 9 para 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 5 ABS. 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 10 landscape programmes and landscape framework (1) are the supra-local specific objectives, requirements and measures of nature conservation and landscape management for the area of the land in the landscape program or for parts of the country in landscape frame rotas. The goals of spatial planning must be observed; the principles and other requirements of spatial planning are taken into account.
(2) landscape programs can be set up. Landscape reference frameworks are to prepare for all parts of the country, so far as not a landscape program is its contents and its degree of implementation after a landscape master plan.
(3) the specific objectives, requirements and measures of nature conservation and landscape management are, as far as they are space important to consider in weighing according to § 7 paragraph 2 of the spatial planning act.
(4) the jurisdiction, the procedure of establishing and the relationship between landscape programmes and frameworks of landscape spatial structure plans are based on State law.
Footnote § 10 para 1 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to § 6 para 1 sentence 1 of the Hessian execution law to the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663) § 10 para 1 sentence 1 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - deviation due to § 11 para 1 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1621) § 10 par. 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - deviation due to § 11 para 1 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1621) § 10 par. 2 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to § 6 para 1 sentence 1 of the Hessian execution law to the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663)
§ 10 para 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 6 ABS. 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 10 para 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 5 ABS. 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 10 para 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to § 5 para 2 sentence 2 of the nature protection law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) § 11 landscape plans and green structure plans (1) for the local level concrete targets , Requirements and measures of nature conservation and landscape management are presented on the basis of landscape reference frameworks for the territories of municipalities in landscape plans for parts of a municipality area of green planning. The goals of spatial planning must be observed; the principles and other requirements of spatial planning are taken into account. The plans should include information referred in article 9 paragraph 3, insofar as this is necessary for the representation of the objectives set for the local level, requirements and measures. Deviating regulations of the countries to the contents of the landscape and green structure plans and their legally binding requirements remain unaffected.
(2) landscape plans are to establish, as soon as and as far as this number 4 is required in terms of needs and measures within the meaning of § 9 paragraph 3, sentence 1, particularly because substantial changes of nature and landscape in the planning area occurred, provided or are expected. Green order plans can be drawn up.
(3) the objectives set in the landscape plans for the local level, requirements and measures of nature conservation and landscape management are to take into account in weighing according to section 1, paragraph 7 of the Federal building code and can be recorded as representations or determinations after the sections 5 and 9 of the building code in the plans.
(4) will replace in the States of Berlin, Bremen and Hamburg the local requirements and measures of nature conservation and landscape management in landscape frame rotas or landscape programs represented, so the landscape plans.
(5) the competence and the procedure for establishing the landscape and green order plans and their implementation are based on State law.
Footnote § 11 ABS. 1 idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to § 9 para 1 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2829) § 11 para 1 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - derogation by article 5, paragraph 1 and article 7 paragraph 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) section 11 subsection 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 5 ABS. 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 11 paragraph 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - derogation by article 5, paragraph 1 and article 7 paragraph 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 11 paragraph 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 4 para 2 sentence 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 11 ABS. 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to section 7 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 12 interaction of countries in designing in the preparation and updating of programmes and plans according to §§ 10 and 11 for areas bordering other countries are whose corresponding programs and plans to take into account. As far as this is required among the countries coordinate.
Chapter 3 General protection of nature and landscape section 13 general principle significant impairments of nature and landscape are to avoid as a priority by the polluter. Unavoidable significant adverse effects are by compensation or alternative measures or, where this is not possible, to compensate for a substitute for money.

§ 14 interventions in nature and landscape (1) tampering with nature and landscape in the meaning of this law are changes the form or use of land or alterations of groundwater with the lively soil layer in connection, which can significantly affect the performance and functioning of the ecosystem or landscape.
(2) agricultural, forestry and fishery-economic land use is not regarded as intervention, as in the goals of nature conservation and landscape management are taken into account. Land use, agriculture, forestry and fishery meets the requirements referred to in § 5 paragraph 2 to 4 of the Act and the requirements arising from article 17, paragraph 2 of the Federal soil protection act and the law of agriculture, forestry and fisheries on the good practice, it contradicts rule not the objectives of nature conservation and landscape management.
(3) the resumption of agricultural, forestry and fishery-economic land use does not a surgery, when she was temporarily limited or interrupted 1 due to contractual agreements or on which public programs management limitation and when resuming within ten years from the expiry of the limitation or interruption, 2. on the basis of the implementation of early compensatory measures, the early action, but not for a compensation claim made shall become the participation.
Footnote § 14 ABS. 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 5 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 14 ABS. 1 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 6 para 1 and 2 of the Hamburg law on the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350 , 402 mWv 1.6.2010 (see BGBl. I 2011, 93) article 14, paragraph 1, idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to § 16 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2829) § 14 ABS. 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to § 6 ABS. 1 of the State nature protection law (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 , amended by law of the 15.1.2015 GVBl LSA S. 21, mWv 22.1.2015 (see BGBl. I, 2015, 183) § 14 para 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 8 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 14 para 2 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 6 par. 4 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 14 para 3 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to § 6 of the nature protection law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011) , 30) § 14 para of 3 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to § 6 par. 2 of the State nature protection law (LNatSchG) v. 10.12.2010 GVBl. LSA S. 569, amended by law of the 15.1.2015, GVBl LSA S. 21, mWv 22.1.2015 (see BGBl. I, 2015, 183) § 14 para 3 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 6 paragraph 5 and article 8 para 1 sentence 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl p. 82 , Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 14 para 3 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 6 para 1 and 2 of the Hamburg law on the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) § 15 "polluter pays" obligations, inadmissibility of intervention; Authorization to adopt legal regulations (1) the "polluter pays" a procedure is obliged to refrain from preventable impairments of nature and landscape. Adverse effects can be avoided if reasonable alternatives, the purpose of the procedure at the same place without or with lower impairments of nature and landscape to achieve, do exist. As far as adverse effects cannot be avoided, this is justified.
(2) the "polluter pays" is obliged to compensate for unavoidable impairments by measures of nature protection and landscape conservation (compensatory) or replace (alternative measures). One drawback, is balanced if and as soon as the impaired function of the ecosystem in a similar way are restored and the landscape is landscape-just restored or redesigned. One drawback, is replaced if and as soon as the impaired function of the ecosystem in the affected region in equivalent ways are manufactured and the landscape is landscape-just redesigned. Definition of development and recovery activities for areas within the meaning of article 20, paragraph 2 No. 1 to 4 and in management plans according to § 32 paragraph 5, measures according to article 34, paragraph 5 and article 44 paragraph 5 sentence 3 of this act as well as by measures in action programmes within the meaning of article 82 of the water resources Act do not preclude the recognition of such measures as compensation and replacement measures. In determining the nature and extent of compensation and replacement measures, programmes and plans according to §§ 10 and 11 are taken into account.
(3) in the case of the use of agricultural or forestry land for compensation and replacement measures is to take into account interests of agricultural structural, in particular, are particularly appropriate soil only to the extent necessary to avail for agricultural use. It is primarily to examine whether the compensation or replacement can be provided through measures to the unsealing, through measures to restart networking of habitats or through management or care measures aimed at the ongoing appreciation of the ecosystem or landscape image, to avoid as far as possible to accept land from the use.
(4) compensation and replacement measures are to maintain the required period and legally to secure. The entertainment period is set by the competent authority in the acceptance letter. The polluter or his successor in title is responsible for construction, entertainment and securing the compensation and replacement measures.
(5) an intervention may be disallowed or carried out, if the damage cannot be avoided, to compensate not in reasonable time or to replace and the interests of nature conservation and landscape management in balancing of all requirements for nature and landscape do the other aspects in the rank.
(6) If an intervention under paragraph 5 approved or carried out, although the damage cannot be avoided, to compensate not in reasonable time or to replace, the polluter has to pay compensation in money. The replacement payment is calculated according to the average cost of not workable compensation and replacement measures including the required average cost for their planning and entertainment, as well as the land deployment involving our human resources and other administrative costs. These are not ascertainable, the replacement payment is calculated which according to duration and severity of the intervention, taking into account the ' polluter pays ' from this inherent advantages. The replacement payment is by the competent authority in the notice of admission or, if the procedure is performed by a public authority to set before performing the procedure. The payment is payable before the implementation of the intervention. Can set a different date for the payment. in this case, you will require a security deposit. The replacement payment is earmarked for measures of nature conservation and landscape management as possible in the affected region to use for which a legal obligation does not already exist under other provisions.
(7) the Federal Ministry for environment, nature conservation and nuclear safety is hereby authorised, in agreement with the Federal Ministry of food, agriculture and consumer protection and the Federal Ministry of transport, by decree with the consent of the Federal Council to regulate details to compensate for interference construction and urban development, in particular 1 to content, nature and extent of compensation and replacement measures including measures to the unsealing, restart networking of habitats and to the management and care, as well as laying down of standards , in particular for comparable types of intervention, 2. the amount of the compensation payment and the procedure for its collection.
As long and as far as the Federal Ministry for environment, nature conservation and nuclear safety of its authorization does not exercise, details for compensation by procedures under national law is as far as this is not contrary to the preceding paragraphs.
Footnote § 15 idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to §17 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2829) § 15 ABS. 2 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 6 section 3 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011) , 93) § 15 ABS. 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 9 para 1 of the State nature protection law (LNatschG) v. 24.2.2010 GVOBl. Schl.-H. p. 301, ber. P. 486), idF d. art. 2 No. 1 book. a G v. felled GVOBl. Schl.-H. S. 225 mWv 29.7.2011 (see BGBl. I 2011, 1979) § 15 para 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to section 7 subsection 1 sentence 1 of the Hessian execution law to the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663) § 15 para 2 sentence 2 idF d. G v. 29.7.2009 I 2542 : Saxony - deviation due to § 9 para 3 sentence 1 of the Saxon conservation law (SächsNatSchG) idF d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) § 15 para 2 sentence 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 9 section 6 No. 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 15 para 2 sentence 3 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to section 7 subsection 2 sentence 1 & 2 of the Hessian execution Act the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663) § 15 para 3 sentence 2 idF d. G v. 29.7.2009 I 2542 : Schleswig-Holstein - deviation due to § 9 para 3 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 15 para 4 sentence 3 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to section 7 para 2 of the nature protection law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) § 15 ABS. 5 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to section 9, paragraph 2, of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 15 ABS. 6 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 9 para 1 of the State nature protection law (LNatschG) v. 24.2.2010 GVOBl. Schl.-H. p. 301, ber. P. 486), idF d. art. 2 No. 1 book. a G v. felled GVOBl. Schl.-H. S. 225 mWv 29.7.2011 (see BGBl. I 2011, 1979) section 15, paragraph 6, sentence 2 & 3 idF d. G v. 29.7.2009 I 2542: Saxony - deviation due to § 9 para 4 sentence 2 of the Saxon conservation law (SächsNatSchG) idF d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) § 15 paragraph 6 sentence 3 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 6 para 1 sentence 1 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 15 ABS. 6 set 7 idF d. G v. 29.7.2009 I 2542 : Schleswig-Holstein - deviation due to § 9 par. 5 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 15 section 6 set 7 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 6 paragraph 1 sentence 2 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 15 ABS. 7 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 8 para 3 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl p. 82 , Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 15 paragraph 7, sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 6 par. 2 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) section 15, paragraph 7, sentence 1 No. 2 idF d. G v. 29.7.2009 I 2542 : Saxony-Anhalt - deviation due to § 8 of the nature protection law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) § 16 measures of nature protection and landscape conservation, which are carried in terms of expected interventions are stockpiling of compensation measures (1) but to accept compensation or alternative measures, as far as 1 the conditions of § 15 paragraph 2 are fulfilled , 2. they were carried out without legal obligation, 3 for no public funding claims were taken, 4. they do not contradict programmes and plans for the pursuant to sections 10 and 11 and 5. a documentation of the output state of the surfaces is present; Regulations of the countries to the documentation requirements remain unaffected.
(2) the storage of early compensation and replacement measures through ecological accounts, surface pools or other measures, in particular the capture, evaluation or booking early compensation and replacement measures in ecological accounts, whose approval means and tradability and the transfer of responsibility pursuant to § 15 paragraph 4 to third parties that perform early compensation and replacement measures, aimed to land rights.
Footnote § 16 para 1 No. 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to section 7 para 2 of the State nature protection law (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569, amended by law of the 15.1.2015, GVBl LSA S. 21, mWv 22.1.2015 (see BGBl. I 2015, 183) § 17 procedures; Authorization to adopt legal regulations (1) requires a procedure under other legislation of a regulatory approval or an indication of an authority or by a public authority is carried out, so has this authority at the same time that the implementation of article 15 to make necessary decisions and measures in consultation with the authorities responsible for nature protection and landscape conservation, is a further form of participation required unless under federal or state law or the authority responsible for nature conservation and landscape management self decides.
(2) should be derogated from the opinion of the authority responsible for nature conservation and landscape management interventions, which are approved or carried out by federal authorities, technical authority of the Federal Government in consultation with the Supreme State authority decides on this for nature conservation and landscape management, insofar as a further form of participation is intended.
(3) for an intervention which is not carried by any authority and any official approval or display is required under other legal provisions, approval authority responsible for nature conservation and landscape management is required. The approval is in writing. The approval is granted if the requirements of section 15 are met. The authority responsible for nature conservation and landscape management meets the decisions necessary for the implementation of article 15 and measures.
(4) by the polluter of intervention to make the specifications required for the evaluation of the intervention, in particular over 1st place, type, scope and timing of the intervention, as well as measures to avoid, compensate and replacement of the drawbacks of nature and landscape including information on the actual and legal availability needed for compensation and replacement 2. are to prepare the decisions and measures for the implementation of article 15 on a scale appropriate to the type and scope of the intervention areas.
The competent authority may require the submission of opinions as the procedure and the compensation and replacement measures necessary to assess the impact. In a procedure, which is to be made on the basis of a technical plan laid down by public law, the planning has to represent the information required pursuant to sentence 1 in the professional plan or in a basically support plan in text and map. This should also contain the measures necessary to safeguard the relationship of the "Natura 2000" network according to § 34 paragraph 5 and early mitigation measures according to article 44, paragraph 5, unless these regulations for the projects of concern. The support plan is an integral part of the trade plan.
(5) the competent authority may require the lodging of a security up to the amount of estimated costs for the compensation or replacement measures, insofar as this is necessary to ensure the fulfilment of obligations according to § 15. On security, the sections 232 to 240 of the Civil Code shall apply.
(6) the compensation and replacement measures and the areas for unused collected a directory of compensation. The authorities referred to in paragraph 1 and 3 the body responsible for the management of the compensation directory give you the required information.
(7) the authority under paragraph 1 or paragraph 3 shall examine the time - and proper implementation of preventive and fixed compensation and replacement measures, including the necessary entertainment. To do this, it may require the submission of a report by the polluter of the intervention.
(8) If an intervention without the required approval or notification is made, the competent authority shall prohibit the further implementation of the intervention. As far as otherwise a lawful State cannot be established, you should arrange measures under section 15 or the restoration of the previous state. § 19 paragraph 4 must be observed.
(9) that is ending or a longer than a year lasting break of intervention to show the competent authority. Is a non-essential continuation of the intervention shall be equivalent to a break. Is the surgery for more than a year interrupted, the authority can commit the polluter pays, making provisional measures to secure the compensation and replacement measures or, if the completion of the procedure is not expected in a reasonable period of time, to compensate for the procedure to the extent made until then.
(10) If a procedure to a plan, which is subject to an environmental impact assessment under the environmental assessment Act, the process in which decisions are taken according to § 15 paragraph 1 to 5, must meet the requirements of the Act.
(11) the land Governments are authorized to determine details to in paragraphs 1 to 10 procedures including the directory of compensation regulated by regulation. You can transfer the authorization pursuant to sentence 1 by regulation to other State authorities.
Footnote 17 section idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - derogation by article 52 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 17 para 1 & 3 idF d. G v. 29.7.2009 I 2542 (in conjunction with article 11, paragraph 1, 3 to 7 of the State nature protection law (LNatSchG SH v. 24.2.2010): Schleswig-Holstein - deviation due to § 36 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl.) Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 17 para 1 & 3 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - deviation due to section 12 paragraph 6 sentence 1 of the nature protection execution act of Mecklenburg (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1621) § 17 para 3 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to section 7 paragraph 1 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 17 para 3 idF d. G v. 29.7.2009 I 2542: Bavaria - deviation due to article 6 para 1 to 3 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl p. 82 , Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 17 para 3 idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to § 19 para 3 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2829) § 17 para 3 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - derogation by article 11 par. 3 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 17 para 3 sentence 3 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to § 7 para 4 sentence 1 of the Hessian execution law to the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663) § 17 para 3 sentence 3 & 4 idF d. G v. 29.7.2009 I 2542 : Schleswig-Holstein - derogation by article 11 par. 5 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 17 par. 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 11 section 6 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 17 para 4 sentence 1 No. 2 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to § 10 para 1 of the State nature protection law (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569, amended by law of the 15.1.2015, GVBl LSA S. 21, mWv 22.1.2015 (see BGBl. I 2015, 183) § 17 par. 6 idF d. G v. 29.7.2009 I 2542 : Saxony-Anhalt - deviation due to § 18 para 2 sentence 2 of the nature protection law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) § 17 par. 6 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 9 sentence 4 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011) , 365) § 17 paragraph 8 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to section 11, paragraph 9, of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 17 section 8 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 11 paragraph 10 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) section 17 subsection 9 sentence 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 11 paragraph 10 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 17 para 11 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - derogation by article 11 paragraph 5, 6, 9 & 10 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450)
§ 17 para 11 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation by § 7 paragraph 3 to 6 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. 19.2 2010 NDS. GVBl. P. 104 mWv commemorating (see BGBl. I 2010, 970) § 18 are to be expected number 3 of the building code tampering with nature and landscape due to the installation, modification, supplement or revocation of construction plans or by articles of association according to § 34 paragraph 4 sentence 1 relative to the construction law (1) , is avoidance, to decide the compensation and the compensation under the provisions of the building code.
(2) on projects in areas with zoning according to § 30 of the building code, while establishing plan according to article 33 of the Federal building code and in the Interior according to § 34 of the building code, sections 14 to 17 are not applicable. For projects in the outdoor area according to § 35 of the building code and zoning, as far as they replace a plan approval, the validity of sections 14 to 17 remains unaffected.
(3) decisions on projects according to article 35, paragraph 1 and 4 of the building code and on the establishment of structures according to § 34 of the building code shall be taken in consultation with the authorities responsible for nature protection and landscape conservation. Within one month, the authority responsible for nature conservation and landscape management is evident in the cases of § 34 of the building code authority for the decision can assume that issues of nature conservation and landscape management of the projects will not be affected. After the sections 30 and 33 of the building code, as well as in regions with articles of Association behaviour is not required for projects in areas with development plans and while establishing plan according to article 34, paragraph 4, sentence 1 number 3 of the building code.
(4) evidence to suggest that the project may cause damage in the sense of § 19 paragraph 1 sentence 1, are projects pursuant to section 34 of the building code in the context of the production of behavior pursuant to paragraph 3, this is to inform also the project proponents. At the request of the carrier of the project, which has for the granting of authorisation with the authority responsible for nature conservation and landscape management to make authority in consultation, insofar as they serve the avoidance, the compensation or the compensation for damage according to article 19, paragraph 1, sentence 1 the decision according to § 15; Article 19, paragraph 1, sentence 2 shall apply in these cases. In addition, paragraph 2 sentence 1 remains untouched.

§ 19 damage to certain species and natural habitats (1) damage to species and natural habitats within the meaning of the environmental damage is any damage the significant adverse effects on reaching or maintaining the favourable conservation status of such habitats or species has. By way of derogation from sentence 1 no damage exists in previously identified adverse effects of activities of a person, by the competent authority according to the sections 34, 35, 45 (7) or section 67, paragraph 2 or, if such an examination is not required, according to § 15 or on the basis of the development plan under section 30 or section 33 of the Federal building code approved or allowed.
(2) species within the meaning of paragraph 1 are the types in 1.
Article 4 paragraph 2 or Annex I of to Directive 2009/147/EC or 2. annexes II and IV of to Directive 92/43/EEC are listed.
(3) natural habitats within the meaning of paragraph 1 are in article 4 paragraph 2 or Annex I of to Directive 2009/147/EC 1 habitats of the species, or are listed in annex II of to Directive 92/43/EEC in 2 natural habitat types of Community interest as well as 3 breeding sites and resting places of the species listed in annex IV of to Directive 92/43/EEC.
(4) a responsible person caused damage to protected species or natural habitats according to the environmental damage Act, she shall adopt the necessary remedial measures in accordance with annex II, point 1 of Directive 2004/35/EC.
(5) whether impacts are significant pursuant to paragraph 1, shall be determined with reference to the baseline condition, taking into account the criteria of listed in annex I of to Directive 2004/35/EC. Substantial damage usually not ahead at 1 adverse deviations that are smaller than natural fluctuations, the adverse for the respective Habitat or the type of question than normally apply, 2 variations, which can be attributed to natural causes or but on one external influence in connection with the management of the areas in question, which is according to the records of the Habitat or the documents about the conservation objectives to be considered normal or the previous management way of their respective owners or operator corresponds to 3 damage to species or habitats that are demonstrably so far will regenerate without external influence in a short time, that either the initial state is reached or a State is achieved solely on the basis of the dynamics of the species or Habitat, to assess is when compared to the initial state as equivalent or better.
Chapter 4 protection of certain parts of nature and landscape section 1 biotope network and ecological networks; protected parts of nature and landscape section 20 general principles (1) is a network of connected habitats (Habitat network), they produced should comprise at least 10 percent of the area of each country.
(2) parts of nature and landscape can 4 in accordance with section 26 as a protected area, 5 as a nature park, 6 as a natural monument or 7 as part of protected landscape are protected 1 in accordance with of article 23 as a nature reserve, 2. in accordance with article 24 as a national park or a national natural monument, 3 as a biosphere reserve,.
(3) the parts of nature and landscape, referred to in paragraph 2, provided that they are capable, are components of the Habitat network.
Footnote § 20 para 1 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 9 para 1 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) section 21 biotope network, biotope networking (1) the biotope network serves the permanent backup of the populations of wild animals and plants including their sites, habitats and communities, as well as the preservation , Restoration and development of functional ecological relations. It should also contribute to improving the relationship of the "Natura 2000" network.
(2) the biotope network will take place across national borders. Countries coordinate among themselves for this purpose.
(3) the biotope network consists of core areas, mating parts and fasteners. Components of the biotope network are 1 national parks and national nature monuments, 2 natural protected areas, Natura 2000 sites and biosphere reserves or parts of these areas, 3. legally protected habitats within the meaning of article 30, 4 more surfaces and elements, including those of the national of heritage, the green belt, as well as parts of protected landscapes and nature parks, if they are appropriate to attain the objective referred to in paragraph 1.
(4) the required core areas, mating parts and fasteners are by declaration to protected parts of nature and landscape in the sense of § 20 paragraph 2, by planning legal provisions, legally to secure permanently ensure the biotope network by long-term contractual arrangements or other appropriate measures.
(5) without prejudice to section 30, the surface water including its edge strips are to get riparian zones and floodplains as biotopes and habitats for naturally occurring animal and plant species. They are to develop so that they can meet their large-scale networking function in the long term.
(6) at the regional level required linear and point-shaped elements, in particular hedges and field Raine and stepping stone biotopes are particularly in agricultural landscapes to the networking of biotopes to receive and where they are not available in sufficient quantities, to create (ecological networks).
Footnote section 21 paragraph 5 sentence 1 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 9 para 2 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) section 22 is declared to the protected parts of nature and landscape (1) the protected status of parts of nature and landscape by declaration. The declaration determines the protected subject matter, the purpose of protection, precepts necessary to achieve the purpose of the protection and prohibitions, and, if necessary, the maintenance, development and restoration measures or includes the appropriations for this purpose. Protected areas can be divided into zones with protection graded according to the respective purpose of protection; Here, also the environment necessary for the protection of the can be included.
(2) form and process the protected status, the Beachtlichkeit of shape and procedural errors and the possibility of their resolve and the continuity of existing declarations to the protected parts of nature and landscape are governed by national law. The protected status can be performed also across national borders.
(3) parts of nature and landscape, protecting it is intended can ensure temporarily for a period of up to two years if it is to be feared that the intended purpose of protection is at risk from changes or errors. Ensuring interim can be extended once up to an additional two years under the conditions of sentence 1. In the temporarily seized part of nature and landscape actions and measures are prohibited in accordance with the Declaration of assurance, which are capable of adversely alter the protected subject matter. Ensuring interim is to waive wholly or partly, if their conditions no longer or no longer exist in its entirety. Paragraph 2 shall apply mutatis mutandis.
(4) protected parts of nature and landscape are to register and label. The more depends on State law.
(5) the Declaration of the national park or national nature monument including their modification was made in consultation with the Federal Ministry for environment, nature conservation and nuclear safety and the Federal Ministry of transport, building and urban development.
Footnote section 22 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 54 para 3 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) article 22, paragraph 1, idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 10 para 1 sentence 3 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350 , 402 mWv 1.6.2010 (see BGBl. I 2011, 93) section 22 para 1 sentence 3 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 12 para 1 of the State nature protection law (LNatSchG v. 24.2.2010 GVOBl.) Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 22 para 4 sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 14 paragraph 10 sentence 2 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 22 para 4 sentence 1 idF d. G v. 29.7.2009 I 2542 : Hamburg - deviation due to § 12 para 1 sentence 1 & 2 of the Hamburg law on the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) section 23 nature reserves (1) protected areas are legally established areas where special protection of nature and landscape in their entirety or in individual sections is necessary 1 to the conservation, development or restoration of biotopes , Biotopes or communities of certain wild animals and plants, 2 from scientific, natural history or cultural reasons or 3rd due to their rarity, special character, or outstanding beauty.
(2) all actions that can lead to a destruction, damage or alteration of the natural protected area or its components or a sustainable disorder, are prohibited in accordance with further provisions. As far as the purpose of protection allows it, protected areas of the general public can be made accessible.
Footnote section 23 paragraph 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 13 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 23 para 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 13 para 3 of the land conservation Act Schleswig-Holstein (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 24 national parks, national nature monuments (1) national parks are spacious, largely unzerschnitten legally laid down uniformly to be protected areas, the 1 and special character are 2nd in a vast majority of their territory which meet the requirements of a nature conservation area, and 3 in one of the people are not or little affected State are in a vast majority of their territory or are suitable , to develop into a State or developed in a State of becoming, which guarantees a most undisturbed flow of natural processes in their natural dynamics.
(2) national parks have the aim of ensuring the most undisturbed flow of natural processes in their natural dynamics in a vast majority of their territory. As far as the purpose of protection allows national parks serve also the scientific observation of the environment, natural history education and the nature of the population.
(3) national parks must be protected, taking into account its special protection purpose, as well as the exceptions offered by the spaciousness and settlement, such as nature reserves.
(4) national nature monuments are legally established areas, the 1st scientific, natural, cultural and historical or cultural reasons and 2 because of their rarity, peculiarity or beauty of outstanding importance. National nature monuments must be protected as nature reserves.

Biosphere reserves section 25 (1) biosphere reserves are uniformly to be protected and developed areas, which are spacious and characteristic for certain landscape types 1, 2. substantial parts of their territory the prerequisites of a nature reserve, the rest mostly meet a head, 3. the conservation, development, or restore a landscape shaped by traditional multiple uses and the historically grown in species and habitat diversity, including wild and earlier forms of culture primarily economically wear or usable animal and plant , serve and 4 examples serve the development and testing of pundits especially saving the natural resources.
(2) biosphere reserves serve as far as the purpose of protection allows, also the research and observation of nature and landscape, as well as the education for sustainable development.
(3) biosphere reserves are to develop, taking into account the exceptions offered by the spaciousness and settlement of core, care zones and development zones, and how protected areas or nature reserves to protect.
(4) biosphere reserves can be also known as Biosphere areas or biosphere regions.
Footnote § 25 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 14 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 25 para 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 14 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 25 para 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to § 20 of the nature protection law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) § 25 para 1 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation due to § 20 sentence 1 of the State nature protection law (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 , amended by law of the 15.1.2015 GVBl LSA S. 21, mWv 22.1.2015 (see BGBl. I, 2015, 183) § 25 para 1 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to section 12 paragraph 6 sentence 2 of the Hessian execution law to the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 (see BGBl. I 2011, 663) § 25 paragraph 3 idF d. G v. 29.7.2009 I 2542 : Schleswig-Holstein - deviation due to § 14 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 26 nature reserves (1) protected areas are living legally established areas where special protection of nature and landscape is necessary 1 to the conservation, development or recovery performance and functioning of the ecosystem or the regeneration ability and sustainable ability of use of natural resources, including the protection of biotopes and habitats of wild fauna and flora , 2. because of the diversity, originality and beauty or the particular cultural and historical importance of the landscape or 3 because of its special importance for the recovery.
(2) in a protected landscape area all acts are prohibited with particular attention to article 5, paragraph 1, and in accordance with further provisions, which change the character of the area or run counter to the special protection purpose.

§ 27 nature reserves (1) nature parks are uniform to developing and nurturing areas, the 1st are spacious, are mostly protected areas or nature reserves 2., 3. due to their scenic conditions particularly suitable for the recovery and where a sustainable tourism is aimed at, 4 according to the requirements of spatial planning for recreation are provided, 5. the conservation, development, or restore a landscape shaped by diverse use and serve their species and habitat diversity and that for this purpose a permanently sustainable land use aimed at will and 6 particularly are likely to promote a sustainable regional development.
(2) natural parks should be planned according to their purposes described in paragraph 1 of this article in accordance with the goals of nature conservation and landscape management, spun, tapped and developed.
Footnote § 27 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 16 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450)
§ 27 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 15 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 27 para 1 No. 2 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 20 para 1 sentence 2 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010) , 970) § 28 natural monuments (1) natural monuments are legally fixed single creations of nature or corresponding areas up to five hectares, special protecting is required from 1 scientific, natural history or cultural reasons, or 2 because of their rarity, peculiarity or beauty.
(2) the removal of the natural monument, as well as all actions that can lead to a destruction, damage or alteration of the natural monument, are prohibited in accordance with further provisions.
Footnote § 28 para 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 17 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 28 para 1 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 10 par. 2 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) article 28, paragraph 1, idF d. G v. 29.7.2009 I 2542: idF Sachsen - deviation by article 21, paragraph 1 No. 2 of the Saxon conservation law (SächsNatSchG) d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) § 28 para 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 17 para 3 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 28 para 2 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 21 para 2 sentence 1 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 29 protected landscape components (1) protected landscape elements are legally fixed parts of nature and landscape , whose special protection is necessary 1 to the preservation, development, or restore the performance and functioning of the ecosystem, 2nd to the revival, outline, or care of the town or countryside, 3. to ward off harmful effects or certain wild living 4 due to their importance as sites and animal species.
The protection may extend for the area of a country or parts of the country on the entire inventory of avenues, unilateral rows of trees, trees, hedges or other landscape components.
(2) the removal of the protected landscape element, as well as all actions that can lead to a destruction, damage or alteration of the protected landscape element, are prohibited in accordance with further provisions. The commitment to a fair and reasonable replacement planting or damages in money can be provided for the case of inventory reduction.
(3) national legislation on the legal protection of avenues shall remain unaffected.
Article 29, paragraph 1, idF d. G v. 29.7.2009 footnote I 2542: Saxony - deviation through § 22 para 1 No. 3 & 5, ABS 2 and paragraph 3 sentence 4 of the Saxon conservation law (SächsNatSchG) idF d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) section 29 subsection 1 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 18 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 29 par. 2 idF d. G v. 29.7.2009 I 2542: idF Sachsen - deviation by section 22, paragraph 2 and paragraph 3 sentence 4 of the Saxon conservation law (SächsNatSchG) d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) § 29 par. 2 idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to § 26 par. 3 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2829) section 29 subsection 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation through § 22 para 4 sentence 2 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see Federal Law Gazette. I 2010, 970) section 29 para 2 sentence 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 18 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 30 legally protected biotopes (1) certain parts of nature and landscape, which have a special significance as habitats are protected by law (general principle).
(2) acts, which can lead to destruction or other significant deterioration of the following habitats are prohibited: 1 shore accompanying natural or semi-natural areas of flowing and standing inland waters including their bank and the related natural or near-natural vegetation as well as their natural or semi-natural areas of silting up, old arms and regularly flooded areas, 2. Moore, marshes, reedbeds, Großseggenrieder, seggen - and rush-rich wet meadows, source areas, inland salt bodies, 3. open Inland dunes , open natural block, rubble - and scree, clay - and Löss walls, dwarf shrub, broom - and Juniper heaths, meadows, dry grasslands, heavy metal lawn, forests and bushes of 4. broken, stolons, swamp - and alluvial forests, Gorge -, stone runs and slope debris forests, subalpine larch and larch pine forests, 5 open rock formations, alpine lawn and snow Coombs and pine thickets, 6 rock - and cliffs, coastal dunes and beach walls, beach Lakes, Bodden waters with sedimentary areas, salt marshes and tidal flats in the coastal area, seagrass beds and other marine Makrophytenbestände , Reefs, sub littoral sandbanks, silt grounds with drilling Bodenmegafauna and rich gravel, coarse sand and Schillgründe in the sea and coastal area.
The prohibitions of sentence 1 also apply more habitats protected by the countries.
(3) from the prohibitions of in paragraph 2, an exception may be admitted upon request if the damage can be compensated.
(4) are to be expected due to positioning, change, or addition of zoning acts within the meaning of paragraph 2, may be decided at the request of the municipality about a necessary exception or exemption from the prohibitions of in paragraph 2 before the establishment of the development plan. Is allowed an exception or exemption granted, needs if there is for carrying an indeed allowed having of any other exception or exemption, started the implementation of the project seven years after entry into force of the zoning plan.
(5) in the case of legally protected biotopes, incurred during the term of an agreement or participate in public programs management limitation applies paragraph 2 not for the recovery of a permitted agricultural, forestry or fisheries-economic use period of ten years after termination of the contractual agreement or the participation of the concerned public programs.
(6) in the case of legally protected biotopes, incurred on surfaces where a maximum extraction of mineral resources was restricted or suspended, paragraph 2 for the resumption of the production period of five years applies after the limitation or interruption.
(7) the legally protected biotopes are registered and the registration will be made public in an appropriate manner. The registry and its accessibility depend on national law.
(8) further legislation, including the provisions on derogations and exemptions remain unaffected.
Footnote section 30 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation by articles 36 and 52 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) article 30, paragraph 1, idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 14 para 1 of the iVm system of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) § 30 para 2 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 21 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 30 para 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - derogation by article 20 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1621) § 30 para 2 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation by section 22, paragraph 2, of the conservation law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) § 30 para 2 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 14 para 1 of the iVm system of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350 , 402 mWv 1.6.2010 (see BGBl. I 2011, 93) § 30 para 2 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 23 para. 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365)
§ 30 para 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 24 para 1 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 30 para 2 & 3 idF d. G v. 29.7.2009 I 2542: Saxony - deviation due to § 26 ABS. 3 & 4 of the Saxon conservation law (SächsNatSchG) idF d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) § 30 para 3 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - derogation by article 20 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1621) § 30 para 3 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 23 para 2, 3 & 4 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 30 para 3 & 4 idF d. G v. 29.7.2009 I 2542 : Hamburg - deviation due to § 14 para 3 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) § 30 para 5 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 21 para 4 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 30 para 5 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation by section 22, paragraph 2, of the conservation law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) § 30 para 5 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 14 para 3 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350 , 402 mWv 1.6.2010 (see BGBl. I 2011, 93) § 30 para 5 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 23 para. 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 30 paragraph 6 idF d. G v. 29.7.2009 I 2542: Saxony-Anhalt - deviation by section 22, paragraph 2, of the conservation law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011) (, 30) § 30 paragraph 6 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 14 para 3 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) section 2 network 'Natura 2000' article 31 and protection of the network "Natura 2000" the Federal Government and the countries fulfil the obligations arising from the directives 92/43/EEC and 2009/147/EC to the construction and protection of the coherent European ecological network " Natura 2000 "within the meaning of article 3 of Directive 92/43/EEC.

§ 32 protected areas (1) select countries the areas that (1) the directive to designate 92/43/EEC and article 4 paragraph 1 and 2 of Directive 2009/147/EC are the Commission in accordance with article 4, according to the provisions referred to in those provisions from. To restore the consultation with the Federal Ministry for environment, nature conservation and nuclear safety. This involved the other professionally concerned federal ministries and renames the selected areas of the Commission. It provided the Commission with estimates of a Community financial contribution, that paragraph 1 of Directive 92/43/EEC, including the payment of financial compensation for the agriculture and forestry is required to fulfil the obligations referred to in article 6 at the same time.
(2) in the list referred to in article 4 paragraph 2 subparagraph 3 of Directive 92/43/EEC taken areas are in accordance with article 4 (4) this directive and under article 4 paragraph 1 and 2 of Directive 2009/147/EC designated areas according to to explain the respective conservation objectives of protected parts of nature and landscape within the meaning of article 20, paragraph 2.
(3) the privacy policy determines the protection purpose according to the respective conservation objectives and the required area boundaries. They should be presented whether to protect priority natural habitat types or priority species. Through appropriate commandments and prohibitions, and care and development measures is to ensure that the requirements of laid down in article 6 of Directive 92/43/EEC are met. Further legislation remain unaffected.
(4) the protected status can be avoided under paragraphs 2 and 3, as far as under other legislation including this law and territorial provisions of land law, regulations, through the power of disposal of a public or nonprofit institution or through contractual arrangements an equivalent protection is guaranteed.
(5) for Natura 2000 sites management plans can be placed independently or as part of other plans.
(6) the selection and the Declaration of areas within the meaning of paragraph 1 sentence 1 and paragraph 2 with regard to the German exclusive economic zone and the continental shelf to protected parts of nature and landscape within the meaning of article 20, paragraph 2 addressed pursuant to § 57. footnote § 32 para 2 to 4 idF d. G v. 29.7.2009 I 2542: Hesse - deviation due to § 14 para 2 and 3 of the Hessian execution Act the federal nature conservation Act (HAGBNatSchG) v. 20.12.2010 GVBl. I S. 629 mWv 29.12.2010 () see BGBl. I 2011, 663) § 32 para 4 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 23 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 32 para 4 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 20 para 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 33 general legislation (1) all changes and errors, which to a significant impairment of a Natura 2000 area in its part for the conservation objectives or the protection purpose can lead , are not permitted. The authority responsible for nature conservation and landscape management may allow exceptions from the prohibition of sentence 1, as well as by bans in the meaning of § 32 paragraph 3 under the conditions of § 34 paragraph 3 to 5.
(2) in the case of an area within the meaning of article 5 (1) of Directive 92/43/EEC applies during the conciliation phase up to the decision-making Council of paragraph 1 sentence 1 with regard to priority natural habitat types occurring in it and priority species according to. Articles 34 and 36 shall not apply.
Footnote § 33 para 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 24 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 33 para 1 idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to § 34 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2830) § 34 compatibility and inadmissibility of projects; Exceptions are (1) projects to check if they are individually or in combination with other projects or plans, significantly to affect the area, and does not directly serve the administration of the territory before their approval or execution for their compatibility with the conservation objectives of Natura 2000 area. As far as a Natura 2000 site is a protected parts of nature and landscape within the meaning of article 20, paragraph 2, which set standards for the compatibility arise from the purpose of protection and the provisions adopted in this, if this were taken the respective conservation objectives. The promoter has to examine the impact, as well as the requirements to submit necessary documents to the paragraphs 3 to 5.
(2) the impact assessment reveals that the project can lead to significant impairment of the area in his for the conservation objectives and the purpose of the protection part, it is inadmissible.
(3) by way of derogation from paragraph 2 a project may be only approved or carried out, as far as it is necessary 1 imperative reasons of overriding public interest, including such social or economic nature, and 2. reasonable alternatives, the purpose of the project elsewhere without or with lower impairments to reach, do not exist.
(4) will be affected by the project in the area occurring priority natural habitat types or priority species, can as imperative reasons of overriding public interest claim only those relating to human health, public safety, including the defense and protection of the civilian population, or the significant beneficial effects of the project on the environment are made. Other reasons within the meaning of paragraph 3 No. 1 can be considered only if the competent authority previously has obtained an opinion from the Commission about the Federal Ministry for environment, nature conservation and nuclear safety.
(5) to a project approved pursuant to paragraph 3, in conjunction with paragraph 4, or carried out, are the measures necessary to safeguard the relationship of the "Natura 2000" network. The competent authority shall inform the Commission of the Federal Ministry for environment, nature conservation and nuclear safety of the measures taken.
(6) requires a project within the meaning of paragraph 1 sentence 1 not carried by any authority, under other legislation of any administrative decision or indicator to an authority, so it's to show the authority responsible for nature conservation and landscape management. They can time limit the implementation of the project or otherwise restrict, to ensure compliance with the requirements of paragraphs 1 to 5. The authority shall take a decision within one month after receipt of the notice can be started with the implementation of the project. Starts with the execution of a project without the required notice, the authority may order the provisional setting. The requirements of paragraphs 3 to 5 are not available in the case of paragraph 2, the authority shall prohibit the implementation of the project. The sentences 1 to 5 are to apply only in so far as legislation of the countries, including the provisions on exceptions and exemptions, no more stringent rules for the admissibility of projects.
(7) for protected parts of nature and landscape within the meaning of article 20, paragraph 2, and legally protected habitats within the meaning of article 30, which are to apply paragraphs 1 to 6 only in so far as the legislation, including the provisions on derogations and exemptions that contain no stricter rules for the eligibility of projects. The obligations pursuant to paragraph 4 sentence 2 to the involvement of the Commission and under paragraph 5 sentence 2 informing the Commission remain unaffected.
(8) paragraphs 1 to 7 do not apply with the exception of development plans, which replace a plan approval for projects within the meaning of § 29 of the building code in areas with zoning according to § 30 of the building code and while establishing plan according to article 33 of the Federal building code.
Footnote § 34 paragraph 1 sentence 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - deviation due to § 21 para 6 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1621) § 35 genetically modified organisms 1 releases of genetically modified organisms within the meaning of § 3 number 5 of the gene technology Act and 2. the agriculture, forestry and fisheries use of lawfully marketed products that contain genetically modified organisms or consisting, as well as the other, in particular also not commercial, dealing with such products , which in its effects the above-mentioned acts similar is, within a Natura 2000 area must be applied according to § 34 paragraph 1 and 2.
Footnote § 35 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 21 of the Bavarian nature protection Act (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 36 plans on 1 is line provisions according to section 16 of the Federal Highway Act and section 13 of the Federal Water Act as well as plans to observe the regulatory decisions or to take into account are 2. § 34 paragraph 1 to 5 according to to apply.
Spatial plans in the sense of § 3 paragraph 1 number 7 of the spatial planning Act and construction plans and regulations according to § 34 paragraph 4 sentence 1 number 3 of the building code, article 34, paragraph 1, sentence 1 does not apply.
Chapter 5 protection of wild animal and plant species, their biotopes and habitats section 1 General provisions article 37 tasks of species protection (1) the provisions this chapter and section 6 paragraph 3 serve the protection of the wild fauna and flora. The species include 1 species of wild living protecting the animals and plants and their communities before impacts on the people and ensuring their other life conditions, 2. the protection of biotopes and habitats of wild animal and plant species and 3 species wild living the reintroduction of animals and plants suppressed in suitable habitats within their natural distribution area.
(2) the rules of plant protection law, of the animal protection law, health law and of forestry-, hunting- and fishing right shall remain unaffected by the provisions of this chapter and the regulations adopted on the basis of this chapter. As far as are jagd - or virtue rules exist no specific provisions for the protection and care of the species concerned or adopted, the provisions of this chapter and the legislation adopted on the basis of this chapter are subject to the rights of the Jagdausübungs - or fishery guardian to apply.

Article 38 General provisions for the species, biotopes and biotope protection (1) the preparation and execution of the duties according to § 37 para 1 create the authorities responsible for nature conservation and landscape management of the Federal and State Governments on the basis of observation protection, care and development goals according to § 6 and realize it.
(2) insofar as this is necessary for the implementation of international and Community requirements or for the protection of species that number 2 are listed in a Decree pursuant to § 54 paragraph 1, including their sites, the authorities responsible for nature conservation and landscape management of the Federal and State Governments take effective and co-ordinated preventive protection measures or set up utilities of types of. Take the necessary measures to ensure that no significant adverse effects on the strictly protected species have incidental catch or unintentional killing.
(3) the required research and the necessary scientific work in the meaning of article 18 of Directive 92/43/EEC and of article 10 of Directive 2009/147/EC be promoted.
Section 2 General conservation article 39 general protection of wild living animals and plants; Authorization to adopt legal regulations (1) it is forbidden to wantonly 1 wildlife or to catch without reasonable cause, hurting to kill, refer to plant wild living 2 without reasonable cause by their location or to use or to knock down their holdings or to devastate otherwise, 3. compromising life sites of wild animals and plants without reasonable cause or to destroy.
(2) subject to the jagd - or regulatory provisions, it is forbidden to remove wild animals and plants of the species listed in annex V of to Directive 92/43/EEC from nature. The countries may allow exceptions to clause 1 under the conditions of article 45, paragraph 7 or article 14 of Directive 92/43/EEC.
(3) everyone is permitted by way of derogation from paragraph 1 2 wild flowers, grasses, ferns, mosses, lichens, fruits, mushrooms, tea and medicinal herbs and branches of wild plants from nature in places that are subject to any prohibition, in small quantities for personal use with care see numbers and acquire.
(4) the commercial removal, working or processing of wild flora is required without prejudice to the rights of owners and other beneficial the approval of authority responsible for nature conservation and landscape management. The approval is granted if be does not endanger the stock of the species at the place of sampling and the ecological balance not substantially impaired. The withdrawal has to be done with care. When deciding on withdrawals for purposes of production of local seeds, the beneficial effects on the goals of nature conservation and landscape management are taken into account.
(5) it is prohibited 1 which will burn off floors, ceilings on unused land, meadows, field margins and high margins and hedges and hanging or not agricultural, forestry or fisheries economically used areas to treat the animal or plant significantly compromise, 2 trees, that outside of the forest of short rotation plantation or landscaping used bases are to cut hedges, living fences, shrubs and other plants in the period from 1 March to 30 September, or to the stock; gentle form and care cuts are allowed for the removal of the growth of plants, or to the health of trees, reedbeds in the period from March 1 to September 30 to cut back 3; outside of these hours reedbeds in sections can be cut back, to clear 4. If this constantly water ditches using trenchers the ecosystem, in particular the animal world is substantially impaired.
The prohibitions of the sentence 1 number 1 to 3 do not apply 1 officially compulsory measures, 2.
Actions that can be performed in the public interest, not in some other way or at another time, if they a) officially performed, b) are officially approved or c) the traffic safety Act, 3. According to § 15 permissible interventions in nature and landscape, 4. permissible construction projects, if only minor woody vegetation to the realization of the construction measures must be eliminated.
The State Governments are authorised to provide advanced prohibition periods 1 number 2 and 3 for the area of a country or parts of the country by a regulation on the prohibition of the movement. You can transfer the authorization pursuant to sentence 3 by regulation to other State authorities.
(6) it is forbidden, caves, tunnels, Earth Cellars or similar spaces that serve as winter Habitat of bats, to seek in the period from October 1 to March 31; This applies not to carry out urgent and only slightly disturbing acts, as well as for tourism urban or heavily used areas.
(7) further legislation of in particular in Chapter 4 and section 3 of Chapter 5 including the provisions on derogations and exemptions remain unaffected.

§ 40 Nichtheimische, alien and invasive species (1) are there to take appropriate measures, a risk to ecosystems, to counteract biotopes and species of animals and plants non-native or invasive species.
(2) species, which evidence exist that it's invasive species that can be observed.
(3) the authorities of the Federal and State Governments take immediately appropriate measures to eliminate emerging animals and plants invasive species or to prevent their spread. You meet already widespread invasive species measures, to prevent further spread and to reduce, as far as this prospect of success have the impact of the spread and the success not disproportionate to the effort required. Sentences 1 and 2 shall not apply to plants grown in the agriculture and forestry within the meaning of paragraph 4 sentence 3 number 1 (4) the application of plant alien species in the wild, as well as of animals requires the approval of the competent authority. Artificially propagated plants are not alien to area, if they have their genetic origin in the area concerned. The approval shall be refused if a threat to ecosystems, habitats or species of the Member States cannot. Are excluded from the requirement of for authorisation 1 the cultivation of crops in the agriculture and forestry, 2. the use of animals a) not alien species, b) alien species, provided that the use of a phytosanitary permit is required where the interests of conservation are taken into account, for the purpose of biological plant protection, 3. the moving of animals of not of alien species that are subject to the hunting or fishing right , 4. the spreading of woody plants and seeds outside their areas of deposits by 2020 including 1 March; up to this point trees and seed preferably only within their areas of deposits should be brought out in the great outdoors.
Article 22 of Directive 92/43/EEC is to be observed.
(5) permits are issued pursuant to paragraph 4 not occurring in domestic species by the Federal Office for nature conservation.
(6) the competent authority may order that came animals mounted from, plants or are unintentionally in free nature-spreading plants growing and there escaped animals are eliminated, insofar as it is necessary to avert of a risk to ecosystems, habitats or species.

§ 41 are to bird protection on power line for the protection of bird species newly built masts and technical components of medium voltage cables constructively so that birds against electrocution are protected. The necessary measures for the protection against electric shock be performed on existing poles and technical components of medium voltage cables with high risk of birds until December 31, 2012. Sentence 2 shall not apply for the overhead contact lines of railways.

Section 42 zoos (1) Zoo are permanent establishments where live animals of wild species for the purpose of demonstration maintained during a period of at least seven days in the year. Do not apply 1 circus, 2 pet stores and 3. enclosure to the attitude of not more than five types of ungulates, which is listed in the Federal hunting Act, or facilities, in which not more than 20 animals of other wild species are kept as a zoo.
(2) the establishment, expansion, substantial change and the operation of zoos have the approval. The approval refers to a particular investment, certain operators, on a certain number of individuals of each species, as well as a specific operating mode.
(3) zoos are to build and maintain that 1 in the keeping of the animals carried the biological and conservation needs of the respective technology account, in particular the respective cages are species - and animal-friendly designed according to location, size and design and interior furnishings, 2. the care of animals takes place on the basis of a State of good veterinary practice written programme of veterinary prevention and treatment, as well as to the diet , 3. the penetration of harmful organisms, as well as the escape of animals is prevented, 4. the provisions of animal and species protection are observed, 5. a register of the animal population of the Zoo in a form each appropriate for the listed species kept and kept up to date, 6, the enlightenment and the awareness of the public in relation to the conservation of biological diversity is promoted , in particular by providing information about the species exhibited and their natural habitats, 7 the Zoo participates in a) research that contribute to the conservation of the species, including the exchange of information on the conservation, or b) breeding in captivity, the renewal of the stock and the reintroduction of species in their habitats or c) training in conservation-specific knowledge and skills.
(4) the authorisation referred to in paragraph 2 is granted if 1 to ensure is that the obligations are fulfilled pursuant to paragraph 3, 2. the evidence that is required by this chapter is, 3. no evidence of facts, from which arise concerns about the reliability of the operator and of the persons responsible for the management of the Zoo, as well as 4 other public service regulations do not preclude the construction and the operation of the Zoo.
The approval can be equipped with auxiliary regulations; in particular, a guarantee for the proper resolution of the Zoo and the restoration of the previous State may be required.
(5) the countries may provide that in paragraph 2 sentence 1 envisaged approval permission includes according to section 11, subsection 1, sentence 1 number 2a and 3 letter d of the animal welfare act.
(6) the competent authority has compliance with the paragraphs 3 and 4 resulting requirements including through regular tests and inspections to monitor. Article 52 shall apply mutatis mutandis.
(7) is a Zoo without the required permit or contrary to the is built from paragraphs 3 and 4 resulting requirements, expanded, significantly modified or operated, the competent authority can make the necessary arrangements to ensure compliance with the requirements within a reasonable period of time. She can also decide to close the Zoo completely or partially to the public. The requirements for keeping of animals change in zoos according to the State of the science, the competent authority to grant subsequent injunctions, if to meet the changing demands otherwise.
(8) where the operator does not fulfil orders under paragraph 7, the Zoo is within a period of not more than two years after their adoption in order to close fully or partially and fully or partially to revoke the approval. Arrangement is to ensure that the animals affected by the closure reasonably and in accordance with the purpose and provisions of Directive 1999/22/EC of 29 March 1999 on the keeping of wild animals in zoos (OJ L 94 of the settles, p. 24) at the expense of the operator handled art - and animal-friendly and are accommodated. A disposal of animals is permitted only in accordance with the species and animal welfare provisions, if there is no other reasonable alternative for the accommodation of the animals.

§ 43 animal enclosures (1) animal enclosures are permanent establishments where animals of wild species outside be kept of residential and commercial buildings during a period of at least seven days in the year and that are not a zoo in the sense of article 42, paragraph 1.
(2) animal enclosures are to build and maintain that 1 the requirements arising from § 42 paragraph 3 number 1 to 4 are met, 2. the natural environment nor the landscape be affected and 3. entering of forest and land, as well as access to waters not unduly restricted.
(3) the establishment, expansion, substantial change and the operation of an animal enclosure are to display at least one month in advance to the competent authority. This may make the necessary orders to ensure compliance with the requirements arising out of paragraph 2. She may order the removal of an animal enclosure, if not otherwise lawful conditions can be produced. In this case, section 42, paragraph 8, sentence 2 and 3 applies accordingly.
(4) the countries can determine, claim that the requirements pursuant to paragraph 3 do not apply to enclosure, 1 are under State supervision, 2. you are raised only for a short time or a little space, or 3. where only a small number of animals or animals with low demands on their attitude be kept.
(5) further regulations of countries remain unaffected.
Footnote section 43 paragraph 3 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 28 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) section 3 special conservation section 44 it is forbidden, rules for specially protected and certain other animal and plant species (1) 1.
Wildlife of specially protected species to adjust, to catch them, hurting or to kill or to remove their development forms from nature, damage or destroy 2. wildlife of strictly protected species and of European bird species during the breeding, rearing, Mauser, significantly disrupting hibernation and migration times; a significant malfunction, if worsens by the disturbance of the conservation status of the local population of a species, to remove 3. breeding sites or resting places of the wildlife of specially protected species from the nature, to damage or destroy, to refer to wild living 4 plants of specially protected species or their development forms from nature, to damage them or their locations or destroy (access restrictions).
(2) it is also forbidden to take 1 animals and plants of specially protected species in possession or custody, to have possession or custody or to be - or process number 13 letters b and c a (ownership bans), 2 animals and plants of specially protected species within the meaning of article 7, paragraph 2) for sale, to buy, to offer for sale or purchase , to keep in stock for sale or to carry, to Exchange or to leave, for a consideration for the use or to the use of b) to purchase for commercial purposes, to provide or otherwise use (marketing bans).
Article 9 of Regulation (EC) No 338/97 shall remain unaffected.
(3) the ownership and marketing bans also apply 1.
Goods in the meaning of the annex to the Directive 83/129/EEC, which have reached this directive, contrary to articles 1 and 3, after September 30, 1983, in the community, 2. animals and plants, intended by Regulation pursuant to § 54 paragraph 4.
(4) corresponds to the requirements referred to in § 5 paragraph 2 to 4 of the Act, as well as the good practice requirements arising from § 17 paragraph 2 of the Federal soil protection act and the law of the agriculture, forestry and fisheries agriculture, forestry and fisheries, land use and the exploitation of the products thus obtained, is it not against the access, possession and marketing bans. These are in annex IV to Directive 92/43/EEC listed, European bird species or such species that number 2 are listed in a Decree pursuant to § 54 paragraph 1, concerned, is only, as far as the conservation status of the local population of a species through the management does not deteriorate. As far as this is not ensured by other protection measures, in particular through measures of territorial protection, conservation programs, contractual arrangements or targeted education, the competent authority to the causing agricultural, forestry or fish hosts arranges the necessary management requirements. Powers in land rights to the arrangement or to adopt appropriate specifications by General order or regulation remain unaffected.
(5) the access, possession and marketing bans apply permitted under § 15 interventions in nature and landscape, as well as for projects in the sense of § 18 paragraph 2 sentence 1, which are allowed under the provisions of the building code, in accordance with the rates of 2 to 5. Listed species, European bird or such species are affected in annex IV of Directive 92/43/EEC number 2 are listed in a regulation pursuant to section 54 paragraph 1, a violation of the prohibition of paragraph 1 is number 3 and with regard to so related unavoidable impairments wildlife against the prohibition of paragraph 1 number 1 not , as far as the ecological function of the breeding sites affected by the intervention or project or resting places in the spatial context is still satisfied. If necessary, also early mitigation measures can be set. Locations of wild plants which in annex IV of Directive 92/43/EEC apply to listed species sentences 2 and 3 according to. Other especially protected species are affected, no violation of the access, possession and marketing bans is acts for the implementation of an intervention or project.
(6) the access and possession prohibitions do not apply to actions to prepare mandatory inspections, carried out by qualified personnel under maximum saving of the examined specimens and the other flora and fauna in the necessary amount. The number of injured or killed copies of European bird species and species listed species is a of Directive 92/43/EEC in annex IV be communicated annually by the qualified person of the authority responsible for nature conservation and landscape management.

Article 45 exceptions; Authorization to adopt legal regulations (1) by the prohibited of possession of are, insofar as according to § 54 paragraph 5 nothing else results from a legal regulation, except 1. animals and plants of specially protected species, the lawful a) bred in the community and not abandoned become, obtained through artificial propagation or drawn, b) are reached from third countries into the community , 2. animals and plants of species that have been listed in a Decree pursuant to § 54 paragraph 4 and lawfully obtained in the community prior to their inclusion in the regulation.
Set 1 (b) 1 number does not apply to animals and plants of the species within the meaning of article 7, paragraph 2 point 13 are letter b, which is reached after 3 April 2002 without an exception or exemption according to § 43 (8) sentence 2 or § 62 of the federal nature conservation act in the version applicable up to March 1, 2010 or after March 1, 2010 without an exception to paragraph 8 from a third country immediately inland. By way of derogation from sentence 2 dead birds may be moved number 13 letter b double letter bb, as far as these are subject to the hunting law according to article 2, paragraph 1, of the Federal hunting Act, of European bird species within the meaning of article 7, paragraph 2 for personal use or as a household without an exception or exemption from a third country immediately inland.
(2) where pursuant to paragraph 1, animals and plants of specially protected species are subject to no ownership bans, they are excluded from the marketing prohibition. This applies subject to legal regulation according to § 54 paragraph 5 not for 1 animals taken from nature and plants of strictly protected species and 2 European bird species.
(3) the marketing bans are also exempt from 1 the strictly animals and plants protected species which have been lawfully acquired prior to their protected status as threatened with extinction or strictly protected species, 2. European bird species before April 6, 1981 lawfully been purchased or are listed in annex III, part A to Directive 2009/147/EC 3. animals and plants of the species , which are subject to Directive 92/43/EEC and directive 2009/147/EC and to the in article 44, paragraph 2, sentence 1, number have been released 2 acts mentioned in a Member State in accordance with the guidelines.
(4) by way of derogation from the ownership and marketing bans it is permissible to take found dead animals and plants from nature, and to leave at the place determined by the authority responsible for nature conservation and landscape management subject to jagd - and regulatory provisions or, where they do not belong to the strictly protected species to use for research or teaching purposes or for preparation for these purposes.
(5) it is derogation from the prohibitions of article 44, paragraph 1 number 1, as well as the prohibited of possession of subject to jagdrechtlicher regulations also permitted, hurt, take helpless or sick animals, to maintain her healthy. The animals are to release immediately, as soon as they can get independent. In addition they are the authority responsible for nature conservation and landscape management to dispose of certain place. It's strictly protected species, the owner has to report the shooting of the animal of the authority responsible for nature conservation and landscape management. This may require the release of the captured animal.
(6) the competent national law may allow exceptions to the ownership and marketing bans, insofar as this is necessary for the recovery of seized or confiscated animals and plants and do not preclude the legislation of the European Community. A federal agency is responsible for the seizure or confiscation authority may permit exceptions to the ownership and marketing restrictions within the meaning of sentence 1.
(7) the competent national law for nature protection and landscape conservation as well as in the case of introduction from abroad, the Federal Office for nature conservation can from the prohibitions of section 44 in the case allow more exceptions 1 to stave off significant agricultural, forestry, fischerei-, water or other substantial economic damage, 2 for the protection of natural flora and fauna, 3. for purposes of research, teaching , Serving education, or resettlement or these purposes measures the breeding or artificial propagation, 4th in the compelling interest of the health of the people, public security, including the defense and protection of the civilian population, or the significant beneficial effects on the environment or 5 from other for reasons of overriding public interest including such a social or economic nature.
An exception may be admitted only if reasonable alternatives do not exist and the conservation status of the populations of a species not deteriorated to the extent not article contains 16 requests further depth (1) of Directive 92/43/EEC. Article to note 16 (3) of Directive 92/43/EEC and article 9 paragraph 2 2009/147/EC. The State Governments can also generally make exceptions by regulation. You can transfer the authorization pursuant to sentence 4 by regulation to other State authorities.
(8) the Federal Office for nature conservation can in the case of introduction from abroad by the prohibitions of section 44 under the conditions of paragraph 7 sentence admit 2 and 3 exceptions more in the individual case to under controlled conditions and to limited extent a reasonable use of animals and plants of certain species within the meaning of article 7, paragraph 2 number 13 letter b, as well as to allow for animals bred and artificially propagated or plants this species.

§ 46 accountability (1) the person, animals living in the 1st or plants of specially protected species, their living or dead forms of development or essentially completely preserved dead animals or plants of specially protected species, 2. readily recognizable parts of animals or plants of strictly protected species or readily recognizable in them live products derived or 3 animals or plants of the species , are listed in a Decree pursuant to § 54 paragraph 4, owns or exerts about the actual violence, compared to the authorities responsible for nature conservation and landscape management to a permission to do this, only appointed if they request this permission can prove or can prove that they or a third party had the animals or plants from their protected status as a specially protected species or prior to their inclusion in a legal regulation according to § 54 paragraph 4 in possession.
(2) on products within the meaning of paragraph 1 number 2, the personal or household goods serve as paragraph 1 is not applied. For animals or plants that were purchased prior to their protected status as a specially protected species or prior to their inclusion in a legal regulation according to § 54 paragraph 4 and the personal use or be used as furniture, is sufficient instead of the evidence referred to in paragraph 1 the Glaubhaftmachung. The Glaubhaftmachung may be required only if the facts justify the assumption that permission is not granted.
(3) where pursuant to article 8 or article 9 of Regulation (EC) No 338 / 97 that is to prove permission to the specified acts or documents intended for the detection are required, evidence in the manner prescribed in regulation to lead is.

§ 47 recovery animals or plants, for which the required proof or the required Glaubhaftmachung is not provided, can be indented by the competent authorities for nature conservation and landscape management. Article 51 shall apply mutatis mutandis; Article 51, paragraph 1, sentence 2 shall apply with the proviso that you may be required to produce of a certificate of other independent expert body or person.
Section 4 competent authorities spending authorities (1) animals and plants section 48 law enforcement authorities within the meaning of article 13 (1) of Regulation (EC) No 338 / 97 and article IX of Washington CITES are 1 the Federal Ministry for environment, nature conservation and nuclear safety for traffic with other parties and with the Secretariat (article IX paragraph 2 of Washington CITES), with the exception in paragraph 2 letter a and c, as well as number 4 tasks , and article 12 paragraph 1, 3 and 5, articles of 13 and 15 (1) and 5 and article 20 of Regulation (EC) No. 338/97 tasks, 2. the Federal Office for nature conservation a) for the issuance of import and export permits and re-export certificates within the meaning of article 4 paragraphs 1 and 2 and of article 5 paragraph 1 and 4 of Regulation (EC) No. 338/97 as well as other documents within the meaning of article IX paragraph 1 2(a) of Washington cites as well as for the transport with the Secretariat, the Commission of the European communities and authorities of other Contracting States and non-Contracting States in connection with the processing of permit applications or in pursuit of export violations, as well as for the article 15 paragraph 4 letter a and c of Regulation (EC) No 338 / 97 tasks, b) for approval of exceptions referred to in article 8 (3) of Regulation (EC) No 338/97 in the case of imports , c) for the recognition of establishments, where within the meaning of article VII paragraph 4 of Washington CITES specimens for commercial purposes will be bred or artificially propagated as well as for the message of the article 7 paragraph 1 point 4 of Regulation (EC) No 338 / 97 referred to registration process to the Secretariat (article IX paragraph 2 of Washington CITES), d) the granting of certificates referred to in articles 30 , 37 and 44 of Regulation (EC) no 865 / 2006 of Commission of 4 May 2006 laying down detailed rules for the application of Regulation (EC) No 338/97 of the Council on the protection of species of wild living fauna and flora by regulating trade (OJ L 166 of the 19.6.2006, p. 1), by Regulation (EC) No 100 / 2008 (OJ L 31 of the 5.2.2008, p. 3) is has been modified in the case of import and export, e) the registration of caviar packaging establishments referred to in article 66 of Regulation (EC) no 865 / 2006, f) for the recovery of and plants as well as for the exploitation of the confiscated by Customs authorities according to § 51 dead animals of animals living in confiscated by the Customs authorities according to § 51, plants and parts thereof and products from it , as far as they are of strictly protected species, 3 the Federal Customs Administration for the exchange of information with the Secretariat in matters of crime protection of species, 4 after state law for nature conservation and landscape management authorities responsible for all other tasks within the meaning of Regulation (EC) No. 338/97 (2) scientific authority within the meaning of article 13 (2) of Regulation (EC) No 338/97 is the Federal Office for nature conservation.

Paragraph 49 participation of customs authorities; The Federal Ministry of finance and the Customs authorities designated by him have authorization to adopt legal regulations (1) at the monitoring of the removal of animals and plants that are subject to a one - or export control according to acts of the European Community, as well as the monitoring of ownership and marketing bans under this chapter in the trading of goods with third countries. The Customs authorities may forward documents submitted to the authorities pursuant to § 48 within the framework of the monitoring as far as sufficient actual evidence that animals and plants in contravention of regulations or prohibitions within the meaning of sentence 1 are spent.
(2) the Federal Ministry of finance is authorised to regulate the details of the procedure, in agreement with the Federal Ministry for environment, nature conservation and nuclear safety by means of an Ordinance without the consent of the Federal Council referred to in paragraph 1 insofar as it is necessary, it may provide also obligations to advertisements, applications, information and the performance of services, as well as to the tolerance of the consultation in business papers and other documents and the toleration of visits and withdrawals of free patterns and samples here.
(3) the Customs offices where to login through - import and export under this chapter are animals and plants of the unit, will be announced by the Federal Ministry for environment, nature conservation and nuclear safety, in agreement with the Federal Ministry of finance in the Federal Gazette. Customs offices, where to log on are living animals and plants, is to highlight.

§ 50 notification of import, through - and export or moving from third countries (1) who animals or plants, which are subject to one of the European Community adopted on or export control or whose spending an exception of the Federal Office for nature conservation is needed, from a third country directly from spends a third State through the territorial scope of this Act or in the (single or transit) or from the scope of this law in a third State spends (export) , has these animals or plants to the single book through - or customs office known given export under the permits prescribed for the show, transmitted or export or other documents when one according to § 49 paragraph 3 and to demonstrate on request. The Federal Office for nature conservation to determine other than the Customs Office referred to in sentence 1 to the handling of request for reasonable reason when they gave their consent and do not preclude the legislation.
(2) the a -, through - or executing person has at least 18 hours prior to arrival to inform the estimated time of arrival of live animals of the Customs Office manufacturing from, specifying the species and number of animals.

§ 51 Inverwahrungnahme, seizure and confiscation by Customs authorities
(1) If doubt whether the movement of animals or plants is subject to regulations or prohibitions in the sense of § 49 paragraph 1, arise in the context of customs supervision customs can take the animals or plants at the expense of the designated person to clarify the doubt in custody or entrust a third party with the custody; She can leave the animals or plants also the designated person under the imposition of a ban from the available. To clarify the doubts, the customs authority of the designated person may require a certificate of an independent expert body recognised by the Federal Ministry for environment, nature conservation and nuclear safety or person that it is animals and plants that belong to the species or populations that adopted single - or export control or ownership and marketing bans under this chapter is subject to one of the European Community. The Federal Government of the designated person has doubts prove unfounded, to reimburse the cost of obtaining the certificate and the additional costs of storage.
(2) determined at the customs inspection that animals or plants without the required permits or other documents are, by - or running, they will be confiscated by the Customs authorities. Seized animals or plants can be left to the designated person under the imposition of a ban from the available. The prescribed permits or other documents presented within one month after the seizure, the customs authority arranges the confiscation; the period may be extended appropriately, maximum up to a total of six months. Determined that it involves animals or plants, for a show or export licence not be granted, it will be immediately retracted.
(3) paragraph 2 shall apply correspondingly if customs supervision pursuant to § 50 paragraph 1 determines, that ownership and marketing bans are against spending.
(4) seized or confiscated animals or plants are sold, the proceeds to the owner will be paid, if he can prove that the circumstances which prompted the seizure or confiscation, were not known through no fault of his. Third parties, which rights shall expire by the confiscation or sale, to be compensated under the prerequisites of sentence 1 of the proceeds.
(5) are animals or plants seized or confiscated, the costs incurred, in particular for care, accommodation, transport, return or recovery, the verbringenden person will be imposed; can she not be identified, they are imposed on the shipper, carrier or customer, when the circumstances which prompted the seizure or confiscation, were known or could have known this.
Section 5 rights of access and right of access; Fees and costs article 52 information and right of access (1) natural and legal persons, as well as not unincorporated associations of persons have to provide the information the authorities responsible for nature protection and landscape conservation or according to § 49 co-operating authorities upon request, which are necessary for the implementation of acts of the European Community, this chapter or the legal provisions adopted for their implementation.
(2) persons, by the authorities referred to in paragraph 1 are mandated, should, as far as this is necessary in operational or business used the framework of paragraph 1 plots, buildings, rooms, sea plants, ships and transport of the person obliged to provide information during the business and operating times enter and see the containers, as well as the business documents. The person obliged to provide information has, where necessary, to help the responsible persons, as well as the business documents on request.
(3) Article 55 of the code of criminal procedure also applies to the person obliged to provide information.

Article 53 fees and expenses; Authorization to adopt legal regulations (1) the Federal Office for nature conservation rises for its individually attributable public services according to the provisions of this chapter and the provisions of Regulation (EC) No. 338/97 adopted in its current version, as well as on the basis of regulations in the amended fees and expenses.
(2) the Federal Ministry for environment, nature conservation and nuclear safety is authorized, in consultation with the Federal Ministry of finance, the Ministry for food, agriculture and consumer protection and the Federal Ministry of Economics and technology by Decree without the consent of the Federal Council to determine the chargeable offences, the rates and the reimbursement of expenses and be provided with fixed rates and frame rates. The expenses to be refunded can be controlled by way of derogation from the Federal fees law.
Section 6 authorization to adopt legal regulations (1) the Federal Ministry for environment, nature conservation and nuclear safety is hereby authorised appropriations § 54, by decree with the consent of the Federal Council certain to make number 13 2(a) or 2(b) falling animal and plant species or populations of such species under special protection, under article 7, paragraph 2 as far as naturally occurring species is's, 1st domestic human access in their inventory are at risk , or insofar as to species, the endangered species with such or number 13 letter b can be confused with species within the meaning of article 7, paragraph 2, or 2. its stock are at risk and for which the Federal Republic of Germany to a large extent is responsible.
(2) the Federal Ministry for environment, nature conservation and nuclear safety shall be empowered, by decree with the consent of the Federal Council 1 number certain, according to § 7 paragraph 2 13 2(a) or 3(a) b protected) animal and plant species listed in Annex B of to Regulation (EC) No 338/97, b) to make European bird species, 2. certain other animal and plant species within the meaning of paragraph 1 under strict protection , as far as it's naturally occurring species are threatened in inland from extinction or the Federal Republic of Germany to a particularly large extent is responsible for that.
(3) the Federal Ministry for environment, nature conservation and nuclear safety is hereby authorised by decree with the consent of the Federal Council 1 to determine which parts of animals or plants specially protected species or from animals or plants products derived as readily discoverable within the meaning of article 7, paragraph 2 1 letter c and d or number 2 letter c and d are number , 2. certain specially protected species or origins of animals or plants specially protected species as well as animals bred or artificially propagated or plants particularly protected species of prohibitions of § 44 full, part or under certain conditions to exclude, as far as the protection purpose this is not endangered and articles 12, 13 and 16 of Directive 92/43/EEC, articles 5 to 7 and 9 of the directive 2009/147/EC , other legislative acts of the European Community or International Convention obligations which do not preclude.
(4) the Federal Ministry for environment, nature conservation and nuclear safety is authorised by decree with the consent of the Federal Council to determine invasive animals and plants according to § 44 paragraph 3 number 2 the prohibitions of article 44, paragraph 2 apply, insofar as this is necessary to counteract a danger to ecosystems, habitats or species.
(5) the Federal Ministry for environment, nature conservation and nuclear safety is authorized keeping or breeding, as far as this is necessary for reasons of conservation and legislation of the European Community do not preclude the, by decree with the consent of the Federal Council 1 of animals, 2. prohibiting the placing on the market of animals and plants certain specially protected species as well as animals and plants of the types specified by Regulation pursuant to § 54 paragraph 4 or to restrict.
(6) the Federal Ministry for environment, nature conservation and nuclear safety is hereby authorised, insofar as this is necessary for reasons of conservation, in particular to the fulfilment of the obligations arising from article 15 of Directive 92/43/EEC, article 8 of Directive 2009/147/EC or International Convention, by decree with the consent of the Federal Council 1 the manufacture, possession, the placing on the market or use of certain devices That means or devices, could in quantities or indiscriminately wildlife killed, fighting or taken or plants fought or destroyed are can, or that cause the disappearance of local or other significant impairments of the populations of the animal or plant species, 2. acts or procedures, to the disappearance of local or other significant impairments of the populations of wild animals or plants can lead , to restrict or prohibit. Sentence does not apply 1 point 1 for devices, drugs or devices, which must receive approval on the basis of other legislation, if regulatory conservation concerns are taken into account.
(7) the Federal Ministry for environment, nature conservation and nuclear safety is authorized to adopt rules to protect from Horst locations of bird species that endangers its stock and in particular are sensitive to disturbance by decree with the consent of the Federal Council and to prohibit acts which may affect the reproduction or rearing especially during specific time periods and within certain distances. Further legislation, including the provisions on derogations and exemptions remain unaffected.
(8) in order to facilitate the monitoring of the ownership and marketing bans the Federal Ministry for environment, nature conservation and nuclear safety is authorised by decree with the consent of the Federal Council to legislate about 1 record-keeping obligations of those, professional animals or plants of specially protected species, process, sell, buy, or purchase by others, in particular about the District of Aufzeichnungspflichtigen, the subject and scope of the duty to record or , the retention period for the records and their review by the authorities responsible for nature protection and landscape conservation, 2. the marking of animals and plants of specially protected species for the proof to § 46, 3. the granting of certificates of the lawful acquisition of animals and plants for the verification according to § 46, 4. obligations to indicate possession of a) animals and plants of specially protected species , b) animals and plants of the Ordinance pursuant to § 54 paragraph 4 certain kinds.
(9) Regulations number 2 must be referred to in paragraph 1 of the agreement with the Federal Ministry of food, agriculture and consumer protection, with the Federal Ministry for transport, building and urban development, as well as with the Federal Ministry of Economics and technology. Regulations under paragraph 6 sentence 1 number 1 and paragraph 8 number 1, 2 and 4 shall require of the relation with the Federal Ministry of Economics and technology. In addition require the regulations according to the paragraphs 1 to 8 of the agreement with the Federal Ministry of food, agriculture and consumer protection, in the cases of paragraphs 1 to 6 and 8 but only insofar as they relate to 1 animal species which are subject to the hunting or fishing right, 2 species which are used for the purpose of biological plant protection or 3. plants, which are obtained or for forestry use artificial propagation.
(10) the land Governments are authorized by Legislative Decree General requirements on management specifications for the agriculture, establishing forestry and fisheries land-use within the meaning of article 44, paragraph 4. You can transfer the authorization pursuant to sentence 1 by regulation to other State authorities.
(11) the Federal Government shall adopt with the consent of the Federal Council on the implementation of this Act General regulations, in particular on 1 the prerequisites and conditions to go out is lower than those of compatibility of plans and projects within the meaning of article 34, paragraph 1, 2. the terms and conditions for derogation decisions within the meaning of § 34 paragraph 3 and 3. the measures necessary to secure the relation of the "Natura 2000" network in the sense of § 34 paragraph 5. footnote heading italic : Article should be according to the table of contents of idF d. 3 No. 1 G v. 28.7.2011 I 1690 mWv 5.2.2012 "Authorization to adopt legal and administrative regulations" loud § 55 implementation of community or international rules; Authorization to adopt legal regulations (1) regulations may be adopted according to article 54 also for the implementation of acts of the Council or of the Commission of the European communities in the field of species conservation or to the performance of any International Convention.
(2) the Federal Ministry for environment, nature conservation and nuclear safety is authorised to change references to rules when it necessary changes this acts by decree with the consent of the Federal Council in legislative acts of the European Community in this Act or in regulations on the basis of § 54.
Chapter 6 marine nature protection article 56 (1) scope and application the provisions of this Act apply in the area of coastal waters, as well as with the exception of Chapter 2 in accordance with the law of the Sea Convention of the United Nations by December 10, 1982 (BGBl. 1994 II p. 1798, 1799, 1995 II p. 602) and the following conditions also in the area of the German exclusive economic zone and the continental shelf.
(2) in the sea areas referred to in paragraph 1, the Declaration of areas protected parts of nature and landscape in the meaning of § 20 paragraph 2 also can serve to build coherent and representative networks of marine protected areas within the meaning of article 13 (4) of Directive 2008/56/EC.
(3) on the establishment and operation of wind turbines in the German exclusive economic zone, which have been authorized until January 1, 2017, section 15 does not apply.

§ 57 marine protected areas in the area of the German exclusive economic zone and the continental shelf; Authorization to adopt legal regulations (1) the choice of protected marine areas in the German exclusive economic zone and the continental shelf is carried out by the Federal Office for nature conservation, including the public with the consent of the Federal Ministry for environment, nature conservation and nuclear safety. The Federal Ministry for environment, nature conservation and nuclear safety involved the federal ministries professionally concerned and establishes the cooperation with the neighbouring countries.
(2) the statement of marine areas protected parts of nature and landscape within the meaning of article 20, paragraph 2 is carried out by the Federal Ministry for environment, nature conservation and nuclear safety with the participation of the professional concerned federal ministries by legal Ordinance which shall not require the consent of the Federal Council.
(3) for the selection of areas within the meaning of § 32 paragraph 1 set is 1 and the Declaration of areas referred to in article 32 paragraph 2 to protected parts of nature and landscape in the sense of § 20 paragraph 2 in the German exclusive economic zone and the continental shelf to apply article 32 of subject to subsequent numbers 1 to 5 according to: 1. restriction of flight traffic , shipping, military use permitted under international law, as well as of scientific marine research within the meaning of article 246, paragraph 3 of the United Nations Convention of law of the sea are not allowed; Paragraph 6 of the United Nations Convention of law of the sea and the other international regulations relating to shipping remain unaffected article 211.
2. the grounds for scientific marine research within the meaning of article paragraph 5 of the United Nations Convention of law of the sea remain 246 in accordance with the law on the implementation of scientific marine research of 6 June 1995 (BGBl. I S. 778, 785), most recently by article 321 of the Decree of October 31, 2006 (BGBl. I S. 2407) has been changed is unaffected.
3. restrictions on fishing are in accordance with European Community law and under the Sea Fisheries Act as amended by the notice of 6 July 1998 (BGBl. I p. 1791), most recently by article 217 of the Decree of October 31, 2006 (BGBl. I S. 2407) has been modified is allowed.
4. restrictions in the laying of submarine cables and pipelines are only according to § 34, and in accordance with article 56 paragraph 3 in conjunction with article 79 of the United Nations Convention of law of the sea allowed.
5. restrictions on producing energy from water, currents and wind, as well as in the exploration and extraction of natural resources are only permitted in § 34.

Section 58 competent authorities; Fees and expenses; Authorization to adopt legal regulations (1) which is carrying out the provisions of this Act, the provisions adopted on the basis of this Act and which is whether the law of environmental damage in terms of the damage to species and natural habitats and the imminent threat of such damage in the German exclusive economic zone and the continental shelf as far as otherwise the Bundesamt für Naturschutz. An intervention in nature and landscape, which should be carried out in the German exclusive economic zone or in the area of the continental shelf, an official authorisation or an indication of an authority is needed or is it carried out by a public authority, the decision of the authority in consultation with the Federal Office for nature conservation has been made.
(2) the Federal Ministry for environment, nature conservation and nuclear safety onto tasks referred to paragraph 1 are whether the Federal Office for nature conservation, agriculture and consumer protection by legal Ordinance which shall not require the consent of the Federal Council, in agreement with the Federal Ministry of the Interior on the federal police regional headquarters and in agreement with the Federal Ministry of food, the Federal Agency for agriculture and food to the exercise.
(3) individually attributable public services after the in paragraph 1 sentence 1 regulations stated in the German exclusive economic zone and the continental shelf area charges our players for the Federal Office for nature conservation fees and expenses. The Federal Ministry for environment, nature conservation and nuclear safety is authorized, in consultation with the Federal Ministry of finance by Decree without the consent of the Federal Council to determine the chargeable offences, the rates and the reimbursement of expenses and be provided with fixed rates and frame rates. The expenses to be refunded can be controlled by way of derogation from the Federal fees law. Article 53 shall remain unaffected.
Chapter 7 recreational in nature and landscape section 59 entering the open landscape (1) which is entering the countryside on roads and paths, as well as on unused land for the purpose of rest all permitted (general principle).
(2) the entering of the forest depends on the Federal Forest Act and the forest laws of the countries and the rest according to the law of the other country. It can equate wholly or partly in particular other types of use enter, as well as restrict access for important reasons, especially from those of nature protection and landscape conservation, field protection and management of agricultural and forestry, to protect of the tourists, to prevent serious damage or other worthy protection interests of the site owner.
Footnote section 59 paragraph 2 sentence 1 idF d. G v. 29.7.2009 I 2542: Bavaria - deviation due to article 26 paragraph 1 sentence 2 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) § 60 liability entering the open landscape is done at your own risk. No additional due diligence or safety duties be justified through the power of the re-entry. There is in particular no liability for typical, resulting from natural hazards.

§ 61 Sooting of waters and coastal zones (1) outdoor may on Federal waterway and waters of first-order as well as in still waters with a size of more than 1 hectare in the distance to 50 meters from the shore line no structures be built or significantly modified. In coastal waters, a distance of at least 150 metres from the mean high water line on the North Sea, and from the central water line on the Baltic Sea is derogation from sentence 1 to comply. Further regulations of countries remain unaffected.
(2) paragraph 1 does not apply to 1 construction devices that lawfully erected or approved were 2. constructional systems, in the exercise of wasserrechtlicher licences or permits, or for the purpose of monitoring, management, entertainment or built in expansion of above-ground water or be changed, upon entry into force of this Act 3. systems of public transport including auxiliary equipment and accessories, the rescue services, the coastal and flood protection and defense.
Further regulations of countries on exceptions remain unaffected.
(3) from the prohibition of in paragraph 1 an exception can request approved, if 1 the resulting from the complex impact of the ecosystem or the landscape, in particular the function of waters and their shorelines, are modest or this can be ensured by appropriate measures or 2. this be for reasons of overriding public interest, including such social or economic , is necessary; in this case, article 15 shall apply mutatis mutandis.
Footnote § 61 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 35 par. 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 61 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - deviation due to § 29 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1621) § 61 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation from § 15 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) § 62 deploying land of the Federal Government, countries and other legal persons of governed by public law are in their ownership or possession of property , which are suited to their natural condition for the rest of the population or allow the access of the public to such land or facilitate, in reasonable amounts for the recovery ready, as far as this is compatible with sustainable use and the other objectives of nature conservation and landscape management and which does not preclude a public purpose.
Footnote § 62 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 37 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) Chapter 8 participation of recognized nature protection associations § 63 participation rights (1) one according to § 3 of the environmental Appeals Act by the Federal Government recognized Association, which promotes the goals of nature conservation and landscape management according to their statutory responsibilities in the focus (recognized Conservation Association) that opportunity to comment and the insight into the relevant expert opinion is to give 1 in the preparation of regulations and other rank under the Act legislation in the field of nature protection and landscape conservation by the Federal Government or the Federal Ministry for environment, nature conservation and nuclear safety, 2. prior to the granting of exemptions from the commandments and prohibitions for the protection of protected marine areas in the sense of article 57, paragraph 2 , even if by another decision will be included or replaced, 3rd in plan approval procedures that are performed if it projects is that intervention into nature and landscape are connected, 4. plan approvals, which adopted by federal authorities federal authorities or in the area of the German exclusive economic zone and the continental shelf by the authorities and to the point a plan approval within the meaning of point 3 are , if public participation is provided, as far as she is touched by the project in its statutory remit.
(2) an according to § 3 of the environmental Appeals Act from one country recognized Conservation Association, which operates throughout the country, according to its statutes opportunity to comment and the insight into the relevant expert opinion is to give 1 in the preparation of regulations and other rank under the Act legislation of authorities responsible for nature conservation and landscape management of countries, 2. in the preparation of programmes and plans in terms of §§ 10 and 11 , 3. in the preparation of plans in the sense of § 36, sentence 1, number of types 2, 4. in the preparation of State programmes and other public bodies to the reintroduction of animals and plants suppressed wild living in the great outdoors, 5. prior to the granting of exemptions from the commandments and prohibitions for the protection of areas within the meaning of § 32 paragraph 2, Natura 2000 areas , National nature monuments, nature reserves, national parks and biosphere reserves, even if by another decision will be included or replaced, 6 in the plan approval procedure, unless projects in the area of the receiving country, are connected with interventions in nature and landscape, 7 plan approvals, that occur when public participation is intended to replace a plan approval within the meaning of point 6, 8 in proceeding to the execution of national regulations , if national law so provides, insofar as she is touched by the project in its statutory remit.
(3), section 28, subsection 2 Nos. 1 and 2, paragraph 3, and article 29 paragraph 2 of the administrative procedure act shall apply mutatis mutandis. An identical or further-reaching form prescribed in other legislation of the Federation or of the countries the participation shall remain unaffected.
(4) the countries determine may be waived by a participation in cases where impacts on nature and the landscape not or only in the minor scale are expected.
Footnote § 63 para 2 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to article 38, paragraph 1, sentence 2 and paragraph 5 set 3 d. of lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 63 para 2 idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to section 21 para 1 & 2 d. of Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350 , 402 mWv 1.6.2010 (see BGBl. I 2011, 93); modified deviation due to section 21 para 1 No. 4 d. of Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402, it changed by article 2 G v. 2.12.2013 HmbGVBl. S. 484, mWv 7.12.2013 (see BGBl. I, 2015, 123) § 63 para 2 idF d. G v. 29.7.2009 I 2542: Berlin - deviation by § 45 para 1 d. of Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013) , 2830) § 63 para. 2 No. 8 idF d. G v. 29.7.2009 I 2542: idF Sachsen - deviation by article 56 d. of Saxon conservation law (SächsNatSchG) d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842)
§ 63 para 3 sentence 1 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 40 paragraph 3 d. Land Conservation Act (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) section 64 legal remedies (1) a recognized Conservation Association can, as far as article 1, paragraph 3, of the environmental Appeals Act does not preclude without being injured in their own rights, remedies in accordance with the administrative court order put against decisions under article 63, paragraph 1 number 2 through 4 and paragraph 2 number 5 to 7, if the Association 1 asserts , that provisions of this Act, legal provisions that have been adopted on the basis of this Act, or continue to apply, nature protection law of the countries or other legislation, which intended to observe and to serve at least the interests of nature conservation and landscape management in the decision are the decision contradicts, 2nd in their statutory duties and activities, so far as relates to the recognition, is touched and 3rd to participate pursuant to § 63 paragraph 1 number 2 to 4 or 2 number 5 to 7 was entitled and she has expressed this in the matter or you have been given an opportunity to submit its observations.
(2) sentence 1 of the environmental Appeals Act apply accordingly § 1 paragraph 1 sentence 4, § 2, paragraph 3 and 4.
(3) the countries can allow remedies recognized nature protection associations in other cases where pursuant to article 63, paragraph 2 point 8 participation is envisaged.
Chapter 9 property binding, exemptions § 65 toleration duty (1) owner and other beneficiaries of land have to tolerate measures of nature conservation and landscape management on the basis of provisions of this Act, legislation issued on the basis of this Act or continue to apply, or nature protection law of the countries, as far as the use of the land is not unreasonably prejudiced. Further provisions of the countries remain unaffected.
(2) before the implementation of the measures are the beneficiaries in an appropriate manner to notify.
(3) the powers of officials and representatives of the nature conservancy, to enter land to carry out their tasks depends on State law.
Article 65, paragraph 1, idF d. G v. 29.7.2009 footnote I 2542: Schleswig-Holstein - deviation due to § 48 para 2 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) section 66 (1) right of pre-emption is the countries a right of first refusal to land, 1 as such temporarily seized areas in national parks, national natural monuments, nature reserves or due to 2 which is natural monuments or when such temporarily seized objects are, 3. where surface waters are.
The characteristics of the set are 1 number 1 to 3 only for a part of the property, the right of first refusal only on this part extends. The owner may demand that extends the right of first refusal on the entire property, if the whereabouts of more economically unreasonable to him in his own.
(2) the right of pre-emption may be exercised only if this is necessary for reasons of nature conservation and landscape management including the provision of recreation.
(3) the right of pre-emption is required not entered in the land register. It is legal and regulated justified pre-emption rights except those in the areas of land transport and the settlement in the rank. A property purchase on the basis of the exercise of the right of first refusal right justified pre-emption rights void by law business. The §§ 463-469, 471, 1098 (2) and sections 1099 until 1102 of the Civil Code shall apply. The right of first refusal does not refer to a sale, which takes place on a spouse, registered partner or a first-degree relatives.
(4) the right of pre-emption may be exercised by the countries on request also in favor of corporations and foundations governed by public law and recognised nature protection associations.
(5) different regulations of countries remain unaffected.
Footnote section 66 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation by § 50 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) section 66 idF d. G v. 29.7.2009 I 2542: Saxony - deviation due to § 36 of the Saxon conservation law (SächsNatSchG) idF d. BEK. v. 3.7.2007 SächsGVBl. P. 321, last amended by article 17 of the G v. 15.12.2010 SächsGVBl. P. 387, 398, mWv 15.5.2010 (see BGBl. I 2011, 842) § 66 idF d. G v. 29.7.2009 I 2542: Berlin - deviation due to § 53 of the Berlin nature conservation law (NatSchG bln) v. 29.5.2013 GVBl. S. 140 mWv 9.6.2013 (see BGBl. I 2013, 2830) article 66 par. 1, 3 & 4 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - deviation due to § 34 ABS. 1, 2 and 5 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1622) § 67 exemptions (1) from the commandments and prohibitions of the Act, can be granted exemption in a regulation on the basis of § 57, as well as according to the nature protection law of the countries, if 1 this is necessary for reasons of overriding public interest, including such social and economic ones, or 2. the implementation of the provisions in individual cases would lead to an undue burden and the deviation with the needs of nature conservation and landscape management is compatible.
In the context of Chapter 5 sentence 1 only for the sections 39 and 40, 42 and 43 (2) prohibitions of § 33 paragraph 1 sentence 1 and the section 44, as well as bids shall apply and exemption may be granted at the request of prohibited in the meaning of § 32 paragraph 3, if the application of provisions in the particular case would result in an undue burden. In the case of introduction of animals or plants from abroad, the relief is granted by the Federal Office for nature conservation.
(3) the exemption can be fitted with ancillary provisions. § 15 paragraph 1 to 4 and paragraph 6, and article 17, paragraph 5 and 7 shall also apply, if there is no intervention in nature and landscape in the meaning of § 14.
Footnote section 67 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - derogation by article 52 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) § 67 idF d. G v. 29.7.2009 I 2542: Rheinland-Pfalz - deviation due to state laws to the agreement between the land of Rhineland-Palatinate and Saarland about the construction and entertainment of the National Park of Hunsrück Hochwald (Hunsrück - Hochwald nation Park Act) v. 4.2.2015 iVm § 16 of the Treaty legislation and regulation sheet for the land Rhineland-Palatinate by the 12.2.2015, page 2 and by the 15.5.2015 , Page 68, mWv 1.3.2015 (see BGBl. I 2015, 1423) § 67 idF d. G v. 29.7.2009 I 2542: Saarland - deviation by the law No. 1842 on approval of the agreement between the land of Rhineland-Palatinate and Saarland about the construction and entertainment of the National Park of Hunsrück Hochwald (Hunsrück - Hochwald nation Park Act) v. 12.11.2014 Amtsblatt of des Saarlandes, part I by the 19.2.2015 page 170, last amended by Act No. 1858 to amend the National Parks Act Hunsrück high forest of the 20.5.2015 iVm § 16 of the Treaty , Amtsblatt of des Saarlandes, part I by the 25.6.2015 page 376, mWv 1.3.2015 (see BGBl. I 2015, 1424) article 67 par. 1 idF d. G v. 29.7.2009 I 2542: Bavaria - derogation by article 23 para. 3 & 4 of the Bavarian nature protection law (BayNatSchG) v. astronomy GVBl S. 82, Baby2 791-1-UG mWv 1.3.2011 (see BGBl. I 2011, 365) article 67 par. 1 and 2 set of 1 idF d. G v. 29.7.2009 I 2542 : Saxony-Anhalt - deviation due to § 9 sentence 1 of the nature protection law of Saxony-Anhalt (NatSchG LSA) v. 10.12.2010 GVBl. LSA S. 569 mWv 17.12.2010 (see BGBl. I 2011, 30) section 67 para 3 sentence 2 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 41 para 2 of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010) , 970) § 68 restrictions of property; Compensation and compensation restrictions of property arising on the basis of provisions of this Act, legal provisions that have been adopted on the basis of this Act or continue to apply, or nature protection law of the countries, is (1) run in a particular case an unreasonable burden, which can be helped by other measures, in particular through the granting of an exception or exemption, to provide adequate compensation.
(2) compensation is payable in money. She can exist in recurrent services. The owner may require the acquisition of a plot of land if the whereabouts of more economically unreasonable to him in his own. The more depends on State law.
(3) the expropriation of land for the benefit of the general public for reasons of nature conservation and landscape management depends on State law.
(4) the countries may provide that upon request a reasonable compensation may be paid owners and rights-holders, which on the basis of provisions of this Act, legislation issued on the basis of this Act or continue to apply, or nature protection law of the countries in particular the agricultural, forestry and fisheries use, significantly complicated by land compensation payable is not according to the paragraphs 1 to 3, in accordance with the respective budget law.
Footnote
Article 68, paragraph 1, idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 54 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) article 68, paragraph 1, idF d. G v. 29.7.2009 I 2542: Hamburg - deviation due to § 20 of the Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93) article 68, paragraph 1 & 2 idF d. G v. 29.7.2009 I 2542: Mecklenburg-Vorpommern - deviation due to § 36 para 1 of the law on nature protection execution (NatSchAG M-V) v. 23.2.2010 GVOBl. M. V. p. 66 mWv 1.3.2010 (see BGBl. I 2010, 1622) Chapter penalty provisions (1) rude is 10 fines and penal provisions of section 69, who knowingly a live wild animal alarmed number 1 violates article 39, paragraph 1.
(2) any person who 1 violates article 44 paragraph 1 number 1 is a wild animal, it starts, injured or killed or removes its development forms from nature, damaged or destroyed that, 2. contrary to article 44 paragraph 1 a live wild animal significantly interferes with number 2, 3. contrary to article 44 paragraph 1 a breeding sites or resting place of nature takes number 3, damaged or destroyed or 4. contrary to article 44 paragraph 1 an number of 4 wild living plant or their development forms from nature Removes or they or their site damaged or destroyed.
(3) any person is, who intentionally or negligently 1 without approval according to article 17, paragraph 3, sentence 1 does an intervention in nature and landscape, 2. an enforceable order according to article 17, paragraph 8, set 1 or set 2, article 34, paragraph 6, sentence 4, or set 5, § 42 paragraph 7 or paragraph 8 set 1 or set 2, also in connection with article 43, paragraph 3, sentence 4 , or is contrary to article 43, paragraph 3, sentence 2 or sentence 3, 3. contrary to article 22, paragraph 3, sentence 3 makes one there called action or measure, 4. contrary to § 23 paragraph 2 sentence 1 in conjunction with an Ordinance pursuant to section 57 paragraph 2 makes one there called action or measure in a sea area, which is protected as a nature reserve, 5. contrary to article 30, paragraph 2, sentence 1 destroyed a there called a biotope or otherwise severely , 6 contrary to section 33, paragraph 1, sentence 1, also in conjunction with paragraph 2 is set 1, a change or disturbance, 7 contrary to article 39, paragraph 1 a live wild animal without reasonable cause number 1 starts, hurt or kills, 8 contrary to section 39 paragraph 1 takes a wild plant without reasonable cause number 2, uses or reflected their holdings or otherwise devastated , 9 contrary to section 39 paragraph 1 number 3 significantly affect a life centre of wild animals or plants without reasonable cause or destroyed, 10 contrary to § 39, paragraph 2, sentence 1 takes a live wild animal or a wild plant from the wild, 11 without permission according to § 39, paragraph 4, sentence 1 Professional takes a wild plant or be - or processed, 12 contrary to § 39, paragraph 5, sentence 1 the ground cover burns off number 1 or a there called area treated , 13 contrary to § 39, paragraph 5, sentence 1 number 2 a hedge, a living fence, a Bush or a different woody plants cuts down a tree or sets on the floor, 14 contrary to § 39, paragraph 5, sentence 1 a reeds cut back number 3, 15 contrary to § 39, paragraph 5, sentence 1 No. 4 gives a therein trench, 16 contrary to section 39 paragraph 6 a cave , seeks a tunnel, an Earth cellar or similar space, 17 without permission according to § 40 paragraph 4 sentence 1 brings out an a kind of alien plant or an animal, 18 without permission according to § 42 paragraph 2 sentence 1 a Zoo built, expanded, significantly changes or operates, 19 contrary to article 43, paragraph 3, sentence 1 a display not, not properly, not complete, or does not timely reimbursed , 20th contrary to article 44, paragraph 2, sentence 1 number 1, also in conjunction with article 44 paragraph 3 takes this number 1 or number 2, in connection with a legal regulation according to § 54 paragraph 4, an animal, a plant or a goods in possession or custody, has in possession or custody or be - or processed, 21 contrary to article 44, paragraph 2, sentence 1 number 2 , also in connection with article 44, paragraph 3, number 1 or number 2, sold in connection with a legal regulation according to § 54 paragraph 4, an animal, a plant or a commodity, buys, offers for sale or purchase, keeps in stock for sale or promoted, exchanges or leaves for a consideration for the use or to the use, purchases for commercial purposes, showcases or used in other ways , 22 contrary to article 50, paragraph 1, sentence 1, an animal or a plant not, not properly or in a timely manner to the import or export logs on or not or not timely presents, 23 contrary to article 50, paragraph 2 not, incorrectly, incompletely or not in time makes a communication, 24 violates article 52, paragraph 1 shall not, incorrectly, incompletely or not in time an information , 25 contrary to section 52, paragraph 2, sentence 2 does not support a responsible person or a business document not, incorrectly, incompletely or not timely submit, 26 contrary to article 61, paragraph 1, sentence 1 or a monumental complex built set of 2 on a body of water or significantly changes or 27 a decree after a) § 49 paragraph 2, b) § 54 paragraph 5, c) section 54, paragraph 6, sentence 1 , Contravenes paragraph 7 or paragraph 8 or an enforceable order on the basis of such legal regulation as far as the legal regulation for a specific offence refers to this fine provision.
(4) any person who is against the Regulation (EC) is, No 338/97 of the Council of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade (OJ L 61 of the 3.3.1997, p. 1, L 100 of the 17.4.1997, p. 72, L 298 of the 1.11.1997, p. 70, L 113 of the 27.4.2006, p. 26), most recently by Regulation (EC) No 318 / 2008 (OJ L 95 of the 8.4.2008, p. 3) is changed, violates, by he intentionally or negligently 1 contrary to article 4 paragraph 1 sentence 1 or paragraph 2 sentence 1 or article 5 paragraph 1 or paragraph 4 sentence 1 an import permit, an export permit or a re-export certificate not, incorrectly, incompletely or not in time presents, 2. contrary to article 4 paragraph 3 half-sentence 1 or paragraph 4 is a import declaration not , incorrectly, incompletely or not timely submit, buys 3. contrary to article 8 paragraph 1, also in conjunction with paragraph 5, a copy of a specified kind, offered for sale, purchases for commercial purposes, showcasing used or sold a copy or keeps in stock for sale, offers promoted or contravenes 4. an executable support referred to in article 11 paragraph 3 sentence 1.
(5) any person who against regulation (EEC) is, No 3254/91 of 4 November 1991 prohibiting the use of leghold traps in the community and imports of pelts and manufactured goods of certain wild animal species from countries using leghold traps or the international fishing practices not corresponding with humane trapping standards (OJ L 308 of the 9.11.1991, p. 1), violates, by intentionally or negligently a leghold trap use 1 contrary to article 2 or 2. contrary to article 3 clause 1 paragraph 1 one fur a listed species or there called product spends in the community.
(6) that may offence in the cases of paragraphs 1 and 2, the paragraph 3 number 1 to 6, 18, 20, 21, 26 and 27 letter b, paragraph 4 Nos. 1 and 3 and paragraph 5 with a fine up to fifty thousand euro, in other cases with a fine punishable up to ten thousand euros.
(7) the countries can legally determine that more illegal and vorwerfbare acts, which contravene to the provisions of this Act or legislation which have been adopted on the basis of this Act or continue to apply, as offences can be punished.
Footnote § 69 paragraph 3 No. 1 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation due to § 43 (1) of the Lower Saxony execution Act the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010, 970) § 69 paragraph 3 No. 5 idF d. G v. 29.7.2009 I 2542: Lower Saxony - deviation by section 43, paragraph 2, of the lower Saxon execution law to the federal nature conservation Act (NAGBNatSchG) v. commemorating NDS. GVBl. P. 104 mWv 1.3.2010 (see BGBl. I 2010) , 970) § 69 para 3 No. of 19 & 26 idF d. G v. 29.7.2009 I 2542: Schleswig-Holstein - deviation due to § 57 para 1 of the State nature protection law (LNatSchG) v. 24.2.2010 GVOBl. Schl.-H. S. 301 mWv 1.3.2010 (see BGBl. I 2010, 450) article 70 Management Authority managing authority within the meaning of article 36, paragraph 1 No. 1 of the code of administrative offences is 1 the Federal Office for nature protection in the cases of a) § 69 paragraph 3 number 20 and 21 and paragraph 4 number 3 acts in connection with the import to or export from community or moving in or out of the Federal Republic of Germany , b) of § 69 paragraph 3 number 24 at violations of the obligation to supply information to the Federal Office, c) § 69 paragraph 3 No. 25 and paragraph 4 number 4 measures of the Federal Agency, d) section 69, paragraph 4 number 1 and paragraph 5 number 2, e) by other administrative offences according to § 69 paragraph 1 to 5, which were committed in the area of the German exclusive economic zone or the continental shelf , 2. the competent principal Customs Office in the cases of § 69 paragraph 3 number 22, 23 and 27 3(a) and paragraph 4 number 2, 3. in all other cases the authority competent under national law.

§ 71 (1) sanctions with imprisonment up to five years or with fine will be punished, who a in 1.
Article 69, paragraph 2, or 2.
Article 69 paragraph 3 number 21, paragraph 4 number 1 or 5 commits, deliberate act, which relates to an animal or a plant of a strictly protected species.
(2) shall be similarly who contrary to article 8 punished, paragraph 1 of Regulation (EC) No 338/97 of the Council of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade (OJ L 61 of the 3.3.1997, p. 1), most recently by Regulation (EC) No 398 / 2009 (OJ L 126 of the 21.5.2009, p. 5) has been changed, a copy of a type referred to in Annex A 1 sells, acquires for sale or purchase offers or keeps for sale in stock or promoted or 2 for commercial purposes acquires, showcasing or used.
(3) Whoever commits the Act commercial - or habitually in the cases of paragraphs 1 or 2, is punishable up to five years imprisonment by three months.
(4) the perpetrators in the cases of paragraphs 1 or 2 does not recognize negligence that the action relates to an animal or a plant of a listed species, so the penalty is imprisonment up to one year or a fine.

section 71a (1) sanctions with imprisonment up to three years or with fine will be punished, who 1 violates article 44 paragraph 1 No. 1 a wildlebendes animal of a specially protected species, in article 4 paragraph 2 or Annex I of to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20 of 26.1.2010], p. 7) is listed, kills or takes his development forms from nature or destroyed, 2. contrary to article 44, paragraph 2, sentence 1 an animal or a plant in possession or custody takes number 1, has in possession or custody or be - or processed, this or the a) a strictly protected species listed in annex IV of to Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna belongs to, and Plants (OJ L 206 of the 22.7.1992, p. 7), the last by Directive 2006/105/EC (OJ L 363 of 20.12.2006, p. 368) is changed, is listed or b) belongs to a specially protected species, that is paragraph 2 or Annex I of to Directive 2009/147/EC listed in article 4, or 3 one in § 69 paragraph 2, 3, paragraph 21, subparagraph 4 number 1 or paragraph 5 intentional action referred to commercial - or habitually commits.
(2) as well who contrary to article 8 will be punished, paragraph 5 in conjunction with article 1 of Regulation (EC) No 338 / 97 a specimen of a species listed in Annex B 1 sells, acquires for sale or purchase offers or keeps for sale in stock or promoted, or 2. commercial purchases, showcasing or used.
(3) the perpetrators in the cases of paragraph 1 does not recognize number 1 or number 2 or of paragraph 2 lightly, that the Act refers to an animal or a plant of a listed species, the penalty is up to one year or a fine of imprisonment.
(4) the Act is not number 1 or number 2, paragraph 2 or paragraph 3 referred to in paragraph 1 punishable if the Act involves a considerable amount of copies and has negligible impact on the conservation status of the species.

§ 72 confiscation has been, committed a misdemeanor according to § 69 paragraph 1 to 5, or an offence under section 71 or § 71a enabling 1. items on which the crime or the offence relates, and 2 items that are used or have been determined, to commit or prepare to be indented. Article 23 of the law on administrative offences and section 74a of the Penal Code shall apply.

Section 73 powers of the Customs authorities the competent administrative authorities and the public prosecutor's Office can make investigations by the main customs offices or the authorities of the customs investigation service and its officials in the context of their responsibility for the investigation of offences or offences under this Act allow. § 21 paragraph 2 to 4 of the Foreign Trade Act shall apply mutatis mutandis.
Chapter 11 transition and reconciliation rule 74 § transition and reconciliation rules (1) before March 1, 2010 has begun procedures for the recognition of associations are 1 by the Federal Ministry for environment, nature conservation and reactor safety according to § 59 of the federal nature conservation act in force until February 28, 2010 amended, 2. the competent authorities of the countries according to the provisions of national law adopted within the framework of article 60, paragraph 1 and 3 of the federal nature conservation act in force until February 28, 2010 amended to finish.
(2) before 3 April 2002 initiated administrative procedures are according to § 29 of the federal nature conservation act in the version applicable up to that day to finish. Administrative proceedings commenced before March 1, 2010 are according to § 58 of the federal nature conservation act in the version applicable up to that day to finish.
(3) §§ 63 and 64 shall apply also for clubs that have been recognized according to § 29 of the federal nature conservation act in force until 3 April 2002 amended or according to § 59 or within the framework of article 60, paragraph 1 and 3 of the federal nature conservation act as amended by the Federal Government or the States force until March 1, 2010.
Footnote section 74 subsection 3 idF d. G v. 29.7.2009 I 2542: Hamburg - derogation by article 21, paragraph 1 d. of Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402 mWv 1.6.2010 (see BGBl. I 2011, 93); modified deviation due to section 21 para 1 No. 4 d. of Hamburg Act to the execution of the federal nature conservation Act (HmbBNatSchAG) v. 11.5.2010 HmbGVBl. P. 350, 402, this amended by art. 2 G v. 2.12.2013 HmbGVBl. S. 484, mWv 7.12.2013 (see BGBl. I, 2015, 123)