The killing of otters in Upper Palatinate fish ponds, which is permitted by special permit, violates applicable law. The Bavarian Administrative Court (VGH) rejected an appeal by the Free State of Bavaria against a corresponding judgment in the second instance, as the VGH announced on Thursday.
The Bund Naturschutz (BN) had sued against the so-called removal of otters in the Upper Palatinate after the local district government had granted special permits to contain fishing damage in three affected ponds. Specifically, it was about the “removal of a maximum of two male otters”.
The Regensburg court agreed with the nature conservationists in the first instance and ruled against the removal. The Free State then appealed to the Administrative Court – without success.
“The court has reaffirmed the strict protection status of the otter and criticized the fact that the killing was authorized even though there is no evidence that damage to the aquatic economy can be prevented by doing so,” said BN chairman Richard Mergner. “We very much hope that the topic will finally be off the table, that the state government will withdraw the new otter shooting ordinance passed at the end of April and that measures for the preservation of the pond economy with the otter will finally come to the fore again.”
In addition to the controversial wolf ordinance, the Bavarian government also passed regulations to facilitate the removal of otters at the end of April. The Bund Naturschutz wants to go to court against the wolf ordinance.
A revision was not permitted by the VGH. As the court announced, the Free State still has the option of appealing against the non-admission to the Federal Administrative Court within one month of the delivery of the grounds for the judgment.