Administrative Court - Does Bavaria's controversial Wolf Regulation face legal challenges?
Fourteen months after its enactment, the controversial wolf regulation in Bavaria is set to undergo its decisive legal scrutiny at the Administrative Court of Bavaria. The court is set to determine this week if European and German law applies in the Free State in dealing with wolves. No judgment is expected to be announced after today's hearing. The Plaintiff is the Bavarian Chapter of the Nature and Biodiversity Conservation Union (BN).
Controversial Regulation Enacted in May 2023
Since May 1, 2023, in Bavaria, the new wolf regulation, which aims to make it easier to shoot wolves, has been in effect. However, it has never been applied. According to European and German law, wolves are still strictly protected. The controversial Bavarian regulation allows wolves to be shot when they pose a threat to human health or public safety - for instance, when they approach humans under 30 meters or are repeatedly seen within 200 meters of closed settlements, buildings, or barns.
BN-Chairman Richard Mergner stated during the filing of the lawsuit a year ago that they expected the Administrative Court to follow their argumentation and revoke the Bavarian wolf regulation in many aspects. "It is not in line with German and European nature conservation law, and the requirements for killing a strictly protected species are being blatantly ignored."
Plaintiff: Wolf Regulation Ineffective for Protecting Livestock
The plaintiffs argue that the wolf regulation should be declared invalid. They also argue that easier shooting could be counterproductive for the protection of livestock, as grazing injuries would not be prevented.
According to the regulation, shooting is also allowed "to prevent serious agricultural or other serious economic damages" - this specifically targets the Alpine and upland farming. In these areas, wolves can be shot if they kill even a single livestock animal in "non-protected grazing areas." These areas, according to the regulation, are those where herd protection is either not possible or not feasible. The district administrations can make the decision independently. So far, the regional administrations have been responsible for this.
Federal Parliament Report Questions Bavarian Regulation
The Bavarian wolf regulation is not only controversial among animal and nature conservationists: A report from the scientific service of the German Bundestag also came to the conclusion that it is not in line with the applicable Federal and EU law. In the report, it is questioned whether wolves can be killed even if damages to livestock have not been definitively attributed to them or will not be attributed to them.
Currently, there are ten regions in Bavaria with resident wolves. Since May, according to the Bavarian Environment Agency, there have been only three reported incidents that have been attributed to wolves: At the end of June, two goats were found dead in the Landkreis Rhön-Grabfeld, and in mid-May, a sheep was found dead in the same district.
- The Administrative Court of Bavaria is set to examine the wolf regulation in its fourth month of inactivity, questioning if it complies with European and German law within Bavaria's jurisdiction.
- Bavaria's wolf regulation, enacted in May 2023, allow wolves to be shot under certain circumstances, such as when they pose a threat to human safety or approach settlings.
- The Nature and Biodiversity Conservation Union's Bavarian chapter, BN, filed a lawsuit against the regulation a year ago, arguing that it disregards German and European nature conservation laws.
- The BN claims the regulation is ineffective for protecting livestock, as easing shooting could potentially cause grazing injuries and counterproductively harm the protection of livestock.
- Under the regulation, shooting is also permissible to prevent serious agricultural or economic damages, particularly targeting upland farming areas where wolves can be killed if they attack a single livestock animal in 'non-protected grazing areas.'
- The Federal Parliament's report raised concerns about the legality of the Bavarian wolf regulation, questioning whether damages to livestock need to be conclusively attributed to wolves before they can be lethally targeted.
