Title: Bavarian Admin Court Suspends Otter Culling Ordinances Temporarily
In a dramatic turn of events, the Bavarian Administrative Court has provisionally put the brakes on two contentious ordinances regarding otter culling in exceptional circumstances. The court, based in Munich, announced on a Thursday that "otters cannot be killed through exceptions for now," due to the ordinances potentially breaching the law.
Otters, these aquatic creatures enshrined under strict species protection law, have only limited removal permissions. These exceptions have been outlined in the two controversial Bavarian laws that got the legal boot due to their apparent unlawfulness. The ordinances, adopted in August, would have allowed otter killings to protect pond farming in Lower Bavaria and Liberia’s Upper Palatinate, with Neumarkt district being the notable exception. The State Institute for Agriculture would determine an annual cap for the slaughtered animals; last year saw a quota of 32 kills.
However, the Administrative Court has now ruled that the contents of both ordinances are unlawful. The amendment in one of the rules was already invalid for technical reasons, and the violation concerned both requirements of the Federal Nature Conservation Act and constitutional provisions regarding the decision-making powers for limits on such slaughters. The court argued that the issuance of caps is critically important for the future of the species, necessitating legislative involvement.
“The court’s decision clearly demonstrates that the conflicts cannot be resolved by a questionable shooting ordinance, which serves to deepen the rifts between conservation and pond management and exposes businesses to immense legal cliffhangers,” remarked the Deutsche Umwelthilfe, one of the three environmental associations that contested the laws.
In response, the environmental associations lodged an application for a judicial review and urgent appeals against these ordinances. Their challenges have now led to the temporary suspension of the laws while the court weighs in on the principal issues. The decision made in Munich on Thursday is final.
Insights
The Bavarian Administrative Court's decision to provisionally suspend the culling regulations stems from concerns about the lack of scientific evidence and procedural irregularities. The court may have identified concerns such as insufficient scientific justification, procedural flaws, potential harm to the ecosystem, and non-compliance with legal standards, ultimately declaring the rules unlawful.
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Bonus Fact
Have you heard about the International Otter Survival Fund, which collaborates with governments and organizations worldwide to protect and preserve otter populations? The fund aims to analyse threats, develop mitigation strategies, and enhance public awareness of otter conservation.
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