Special species protection

The explained general protection of species is not to be confused with the special protection of species in § 44 of the Federal Nature Conservation Act, which has been in force for years.

This prohibits the destruction of current or regularly used reproduction and resting places, e.g. the nest of the wren in the hedge, the woodpecker cavity in the tree trunk, the tree cavity regularly used by bats, the wall niches used by nesting sparrows or regularly visited swift roosts under the roof cladding.

All European bird species are specially or even strictly protected under the European Birds Directive and the Federal Nature Conservation Act (BNatSchG). Therefore, measures on copses (trees, shrubs, older ivy, etc.) may only be carried out if no birds or breeding and resting places occupied by them can be impaired as a result (§ 44 para. 1 nos. 1, 2, 3 BNatSchG).

This applies above all in the annual main breeding season from mid-March to mid-July, but may also be of importance outside this period. For example, bats - which, like birds, are particularly protected - may regularly roost in trees with cavities, even in the fall and winter months. Please make sure on your own responsibility immediately before carrying out the intended measures whether occupied reproduction and resting places are affected.

As a matter of principle, please avoid disturbances during the breeding season, especially in connection with the demolition, construction or renovation of buildings.

If the implementation of a disturbing measure is nevertheless unavoidable, you will require an exceptional permit (§ 45 para. 7 BNatSchG) from the competent higher nature conservation authority, the Government of Upper Bavaria (Maximilianstr. 39, 80534 Munich, Tel. 2176-0).

In this way, you also avoid making yourself liable to prosecution when carrying out the measure or violating the provisions of the law on administrative offenses (§ 69, § 71 BNatSchG).