Regulation On The Protection Of Wildlife

Original Language Title: Verordnung über den Schutz von Wild

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Read the untranslated law here: http://www.gesetze-im-internet.de/bwildschv/BJNR020400985.html

Regulation on the protection of wildlife (Federal Wildlife Protection Ordinance - BWildSchV) BWildSchV Ausfertigung date: 25.10.1985 full quotation: "federal Wildlife Protection Ordinance of 25 October 1985 (BGBl. I S. 2040), most recently by article 3 of the Decree of 16 February 2005 (BGBl. I p. 258) is changed" stand: last amended by art. 3 V v. 16.2.2005 I 258 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 9.11.1985 +++) input formula on the basis of § 36 para 1 Nos. 2, 4 and 5 in conjunction with § 36 para 3 of the Federal hunting act as amended by the notice of 29 September 1976 (BGBl. I p. 2849) is prescribed with the consent of the Federal Council: article 1 scope, definitions (1) this Regulation shall apply to animals of the species listed in the appendices 1 and 4. Its scientific name is decisive for the differentiation of species within the meaning of this regulation. The art includes subspecies, also insofar as these do not occur within the scope of the Federal Forest Act in nature.
(2) the term of animals within the meaning of this regulation includes living and dead animals, her without another recognizable parts, without another products recognizable from them as well as their eggs, other forms of development and nests.

§ 2 it is forbidden to take animals of the species referred to in annex 1 1 in possession, to acquire, to exercise the actual violence about it, prohibitions (1) them to be or process or else to use 2. to give, to offer, to sell to bring in the traffic, or 3 for one of the activities referred to in paragraph 2 to carry.
The appropriation right of hunting exercise legitimate as well as regulations of the countries violated according to § 36 para 2 No. 2 of the Federal hunting Act on record, the care and rearing or sick wild and whose whereabouts remain unaffected.
(2) the prohibition of in paragraph 1 shall not apply to animals, in which entry into force of this regulation in the framework of the exercise of the right of hunting property was acquired. These animals may be but not given to third parties for a fee or promoted for this purpose, kept or offered. Are exempt from these restrictions found dead animals 1. animals of the species referred to in annex 2, 2 animals of the species referred to in annex 3, as far as the activities listed in sentence 2 not for commercial purposes take place as well as 3rd in nature, insofar as they are used for research or teaching purposes.
(3) the prohibition of in paragraph 1 do not apply also to animals which have reached 2. in accordance with the regulations for the protection of the species in the scope of the Federal Forest Act 1 before entry into force of this regulation in accordance with the regulations for the protection of the species in the scope of the Federal Forest Act have been acquired. Animals of the species referred to in annex 1, which are reached on the basis of a permitted only for personal use or as a furniture import in the scope of the Federal Forest Act, apply to the restrictions of in paragraph 2 sentence 2 according to.
(4) the prohibition of in paragraph 1 do not apply also to animals of species of Partridge, pheasant, quail and Mallard, that bred and not abandoned in the scope of the Federal Forest Act in captivity.
(5) the authority competent under national law may allow derogations from the prohibitions of referred to in paragraph 1 in the case, insofar as this is necessary for the recovery of seized or confiscated animals. She can also in some cases exceptions to the prohibitions of in paragraph 1 as well as the prohibitions of in paragraph 2 2 allow sentence sentence 2 and paragraph 3, insofar as this 1 for purposes of research or teaching, 2nd to the settlement of animals in the wild or the related rearing or 3. other reasonable reason for the use of animals in small amounts is required and needs of the species - and habitat protection, as well as acts of the Council or of the Commission of the European communities or obligations arising from the International Convention do not preclude.

§ 3 keeping intervention and Falcons (1) keeping intervention or hawks of the species listed in annex 4 is only in accordance with the paragraphs 2 to 6 allowed.
(2) who attack or hawks keeps, 1 must be holder of a named denominated valid falconry hunting license, 2 may hold no more than two copies of the species of Hawk, Golden Eagle, and Peregrine Falcon, 3. has immediately attack and permanently and distinctively marked in accordance of paragraph 3 and 4. a Falcon has the competent national law) no later than June 1, 1986 , with later onset of attitude within four weeks of ground of equity ownership, the stock of intervention and hawks and b) after the stock display immediately the supply and disposal of intervention and hawks in writing to show; the display should contain information about the number, type, age, sex, origin, whereabouts, location, purpose and characteristics of attack and hawks. The laying of the regular site which attack and hawks is also immediately. The indicator, vacant by the death of an animal is to return with the indication of the finish.
(3) the marking of the intervention held pursuant to paragraph 1 and annex 4 hawks has according to the provisions of sections 12 to 15 of federal species protection regulation to be made.
(4) the authority competent under national law can in individual cases from the requirements of paragraph 2 No. 1 and 2 allow exceptions if 1 the attitude serves scientific, teaching or research purposes, or the exception to the breeding for any of the above purposes to the offspring for the pursuit of falconry or the offspring for the settlement in the great outdoors is required, 2. the holder of the required reliability and sufficient knowledge about keeping and maintaining access and hawks has and
3. a professional care and ensures a position corresponding to the animal welfare regulations are.
(5) paragraph 2 is no. 1 and 2 do not apply to reach and hawks, the regulations upon entry into force of this regulation in accordance with the protection be maintained. The application of paragraph 2 shall remain unaffected Nos. 1 and 2 on the extension of such stocks, and to the replacement of the departure.
(6) the provisions of paragraphs 2 to 5 shall not apply to zoological institutions of legal persons of public law, as well as for officially approved or recognised harnesses and nursing stations.

§ 4 recording and labelling (1) who commercially prepared 1 dead animals of the species referred to in annex 5 or parts of these animals or live or dead animals of the species referred to in annex 5 or parts of these animals on the market brings 2 or acquires, has a recording and delivery book with daily registration according to the model of annex 6 to do about these animals. Issued animals referred to in point 2 in the retail name and address of the recipient and the day of departure only when the animals need to be specified, whose selling price is over 250 Deutsche marks.
(2) all entries in the register must be in permanent form; Section 43 paragraph 2-4 sentence 1 and 2 of the commercial code shall apply mutatis mutandis.
(3) the books with the documents are handed over to the competent national law at the request of the audit.
(4) the books with supporting documents are to be kept five years. The retention period begins with the end of the calendar year in which the last entry for a completed fiscal year has been made.
(5) the animals referred to in paragraph 1 and parts of animals are to be marked, as far as this is possible with reasonable effort.

§ 5 rightful ownership, accountability, who owns animals of the species referred to in annex 5, or actual violence in politics, to the competent authority on a permission to do this, only appointed if he requested that evidence of the conditions for an exemption under section 2 para 2 to 5 or credibly that he or a third party had the animals at the entry into force of this regulation in possession. This applies only to items for personal use or furniture, if facts justify the adoption, that permission does not exist according to § 2 para 2 to 5.

§ 6 are offences any person within the meaning of § 39 para 2 No. 5 of the Federal hunting Act, who intentionally or negligently referred to there animals in possession takes 1 contrary to section 2, subsection 1, sentence 1, acquires, performs the actual authority over them, she be - or processed or otherwise used, brings into circulation, or promoted 2. contrary to article 2, paragraph 2, sentence 2 or § 3 No. 2 set 2 animals referred to there on third parties for a fee are off or promoted for this purpose , keeps, offers, reach 3. contrary to section 3 para 2 No. 1 or hawks holds 4 a provision of § 3 para 2, no. 2, 3 or 4 on the position or identification of intervention or hawks, obligations or the obligation to return of a freed label contravenes or 5. a provision of § 4 para 1 sentence 1, paragraph 2 to 5 of the leadership , Form, delivery or storage of recording and delivery books or documents or on the marking of animals or parts of animals is contrary to.

§ 7 Berlin clause this Regulation shall apply to § 14 of the third of transfer Act in conjunction with section 45 of the Federal hunting Act also in the Federal State of Berlin.

Article 8 entry into force


Enter section 3 para 2 No. 3 and 4 and paragraph 3, § 4 and § 6, insofar as it relates to the above rules, on April 1, 1986, in effect; Moreover this regulation into force on the day after the announcement. Occur at the same time override: Baden-Württemberg 1 the regulation for the protection of birds of prey by March 11, 1975 (Journal of laws for Baden-Württemberg, p. 223), 2. the regulation on the transport with wild by January 2, 1951 (Official Gazette of the Government of Württemberg-Baden, p. 9), modified by regulation of 16th October 1954 (Journal of laws of Baden-Württemberg, p. 144), 3. the regulation on the transport and trade of wild by February 13, 1951 (Official Gazette for the land Württemberg-Hohenzollern S. 29) , 4. the regulation on the transport and trade of hunted wild by 17 March 1951 (Badisches Act and regulation sheet p. 68), amended by regulation of 16th October 1954 (Law Gazette for Baden-Württemberg, p. 144), Hesse, Germany 5. game regulation of 10 November 1969 (law - and regulation sheets for Hesse - part I - p. 267), amended by regulation from October 10, 1972 (Act and regulation sheets for Hesse - part I - p. 346) , Lower Saxony, Germany 6 articles 41, 42 and 43 of the hunting laws as amended by the notice of February 24, 1978 (Saxony Act and regulation sheet p. 217), last amended by Act of 5 December 1983 (Saxony Act and regulation sheet S. 281) North Rhine-Westphalia 7 the articles 42 to 44, 55 para 2, no. 6 and 7 of the hunting laws North Rhine-Westphalia in the version of the notice of 11 July 1978 (law - and regulation-sheet for the land North Rhine-Westphalia p. 318) , of § 46 para 2 of the Saarland hunting Act amended by Act of 19 March 1985 (law - and regulation-sheet for the land North Rhine-Westphalia p. 261), Saarland 8 as amended by the notice of April 2, 1982 (Official Journal of the Saarland S. 309), 9 of § 32 of the implementing rules to the hunting Act for the Saarland by March 5, 1957 (Amtsblatt of des Saarlandes S. 216).

Concluding formula of the Federal Minister for food, agriculture and forestry Appendix 1 (to section 2 para 1) 1 hair wild Ibex (Capra ibex L.), mountain Hare (LEPUS timidus L.), marmot (Marmota marmota L.), seal (Phoca vitulina L.);
2. feathered Partridge (perdix perdix L.), pheasant (Phasianus colchicus L.), quail (Coturnix coturnix L.), capercaillie (Tetrao urogallus L.), black grouse (Lyrurus tetrix L.), Rackelwild (Lyrurus tetrix x Tetrao urogallus), Hazel wild (Tetrastes bonasia L.), Ptarmigan (Lagopus mutus MONTIN), Wild Turkey (Meleagris gallopavo L.), stock Dove (Columba oenas L.), common wood pigeon (Columba palumbus L.), Turtle Dove (Streptopelia turtur L.), collared (Streptopelia decaocto FRIVALDSKY), mute swan (Cygnus color GMELIN), Greylag Goose (anser anser L.) , White-fronted Goose (anser albifrons SCOPOLI), Bean Goose (anser fabalis LATHAM), breed (anser brachyrhynchos BAILLON), Brent Goose (Branta bernicla L.), barnacle goose (Branta leucopsis BECHSTEIN), Canada goose (Branta canadensis L.), Mallard (Anas platyrhynchos L.), Northern Shoveler (Anas clypeata L.), Gadwall (Anas strepera L.), Wigeon (Anas penelope L.), common teal (Anas teal L.), Northern Pintail (Anas acuta L.), Pochard (Netta rufina PALLAS), mountain duck (Aythya marila L.), tufted duck (Aythya fuligula L.), Pochard (Aythya ferina L.) , Goldeneye (Bucephala clangula L.), Shelduck (Tadorna tadorna L.), ice duck (Clangula hyemalis L.), Velvet duck (Melanitta fusca L.), Scoter (Melanitta nigra L.), Common Eider (Somateria mollissima L.), Smew means sawyers (Mergus Serrator L.), common merganser (Mergus merganser L.), (Mergus albellus L.), Woodcock (Scolopax rusticola L.), coot (fulica atra L.), ring-billed (Larus marinus L.), herring gull (Larus fuscus L.), herring gull (Larus argentatus PONTOPPIDAN), common gull (Larus canus L.), Black-headed Gull (Larus ridibundus L.) , Mediterranean gull (Larus melanocephalus TEMMINCK), little gull (Larus minutus PALLAS), kittiwake (Rissa tridactyla L.), great crested grebe (Podiceps cristatus L.), grey heron (Ardea cinerea L.), common Raven (Corvus corax L.).

Annex 2 (to section 2, paragraph 2, sentence 3 No. 1) Partridge (perdix perdix L.), pheasant (Phasianus colchicus L.), common wood pigeon (Columba palumbus L.), Greylag Goose (anser anser L.), Mallard (Anas platyrhynchos L.), Wigeon (Anas penelope L.), common teal (Anas teal L.), Northern Pintail (Anas acuta L.), Pochard (Aythya ferina L.), coot (fulica atra L.).

Annex 3 (to section 2, paragraph 2, sentence 3 No. 2) White-fronted Goose (anser albifrons SCOPOLI), tufted duck (Aythya fuligula L.), Woodcock (Scolopax rusticola L.).

Annex 4 (to § 3 para 1) Osprey (Pandion haliaeetus L.), honey buzzard (Pernis apivorus L.), black kite (Milvus migrans BODDAERT), red kite (Milvus milvus L.), white-tailed eagle (Haliaeetus albicilla L.), Marsh Harrier (circus aeruginosus L.), Harrier (Circus cyaneus L.), Montagu's Harrier (circus pygargus L.), sparrowhawk (Accipiter nisus L.), goshawk (Accipiter gentilis L.), buzzard (Buteo buteo L.), rough feet buzzards (Buteo lagopus BRÜNNICH), Golden Eagle (Aquila chrysaetos L.), kestrels (Falco tinnunculus L.) , Red foot Falcon (Falco vespertinus L.), Merlin (Falco columbarius L.), Eurasian hobby (Falco subbuteo L.), Peregrine Falcon (Falco peregrinus TUNSTALL).

Annex 5 (to § 4 para 1, § 5) 1 hair wild Ibex (Capra ibex L.), mountain Hare (LEPUS timidus L.), marmots (Marmota marmota L.), seal (Phoca vitulina L.);
2. spring wild quail (Coturnix coturnix L.), capercaillie (Tetrao urogallus L.), black grouse (Lyrurus tetrix L.), Rackelwild (Lyrurus tetrix x Tetrao urogallus), Hazel wild (Tetrastes bonasia L.), Ptarmigan (Lagopus mutus MONTIN), stock Dove (Columba oenas L.), Turtle Dove (Streptopelia turtur L.), breed (anser brachyrhynchos BAILLON), barnacle goose (Branta leucopsis BECHSTEIN), Northern Shoveler (Anas clypeata L.), Gadwall (Anas strepera L.), Pochard (Netta rufina PALLAS), Goldeneye (Bucephala clangula L.), Shelduck (Tadorna tadorna L.) , Ice duck (Clangula hyemalis L.), Common Eider (Somateria mollissima L.), Smew means sawyers (Mergus Serrator L.), common merganser (Mergus merganser L.), (Mergus albellus L.), Mediterranean gull (Larus melanocephalus TEMMINCK), little gull (Larus minutus PALLAS), kittiwake (Rissa tridactyla L.), great crested grebe (Podiceps cristatus L.), grey heron (Ardea cinerea L.), common Raven (Corvus corax L.).

Annex 6 (to § 4 para 1) recording and delivery book item No. No. date designation of the in stock existing or acquired thing after type, number, if applicable indicator and if available the name of the grantor to acquire documents name and exact address of the consignor or the other source of departure day name and exact address of the consignee, or kind of other leaving