Wild otter remains under protection in Upper Franconia - VGH ruling!

Wild otter remains under protection in Upper Franconia - VGH ruling!

The future of the otter in Upper Franconia is secured! The Bavarian Administrative Court (VGH) has decided that this species, which is worthy of protection, remains alive. After an urgent procedure, the VGH declared a general decree from the government of Upper Franconia to be unlawful, which would have allowed up to ten otters to be killed per year in certain districts. This affects the districts of Bayreuth, Hof and Wunsiedel, where pond owners even had to submit an application for removal. When asked what will happen to the otter, the court gives clear answers. Bavarian legislation also reports on the legal details.

Deutsche Umwelthilfe (DU) had sued the government's decision and argued that it contradicted species, animal welfare and EU law. Interestingly, this urgent application was initially rejected by the Bayreuth Administrative Court, although the VGH was ultimately able to convincingly understand the plaintiff's arguments. The court also found that the damage caused by otters in the affected areas could not be clearly attributed. This leads us to the question: Who is responsible for the economic losses in the fishing industry, with losses estimated at over two million euros per year?

Massive challenges for species protection

The otter, as a strictly protected species under federal nature conservation law and the Habitats Directive, not only has a high ecological value, but also causes conflicts with the fishing industry, especially in fish ponds. This shows how difficult the balance is between animal protection and economic interests. The protection of otters is not only limited to special protected areas, but also extends to areas characterized by human activities. The VGH also noted that the government's assumed growth rate of 12.7 percent for the otter population in Upper Franconia is not comprehensible.

Interestingly, the otter population in Upper Franconia was estimated at 176 animals, which is considered worrying. Numerous studies have shown that the impacts of otters on fish stocks are complex and can have a variety of causes. A comprehensive otter management plan has already been put in place to minimize damage while ensuring the species' protection. The responsibility of the Bavarian Minister of Agriculture should not be underestimated.

Preventive measures and support for pond owners

A possible way out of the conflict situation could be to promote protective measures. The construction of fences to prevent damage could be supported with a subsidy of up to 50 percent. This shows that the government is willing to relieve pond owners while protecting otters is a top priority. In 2016, 100,000 euros were also available to compensate for damage. Ongoing monitoring could help promote coexistence between otters and the fishing industry and minimize misunderstandings.

Given the legal framework and scientific findings, we must often take a critical look at the situation with the otter in Upper Franconia. Because one thing is certain: the preservation of this species in our cultural landscape is important to all of us.