Wild Bavaria sues against state forest: kills and fellings now in court

Created: 01/12/2023, 10:00 am

By: Sebastian Grauvogl

Basis for the population counts: the red deer feeding, here an archive picture from Spitzingsee.

© Archive TP

In the past few months, the Wildes Bayern association has literally overwhelmed the Schliersee forestry operation with lawsuits, reports and complaints.

This is the current status.

District

– In the past few months, the Wildes Bayern association has literally overwhelmed the Schliersee forestry operation with lawsuits, reports and complaints.

The points of contention: chamois and red deer shooting and cutting work.

We asked the district office in Miesbach what the outcome of this was.

The conclusion: The legal work-up is ongoing, but there are definitely valuable insights at the discussion level.

deer shooting

“No Christmas peace in the forest” was the headline of the Wildes Bayern association in its most recent press release.

At the end of the year, the Schliersee forestry operation asked for a “strong lookup” to its valid red deer shooting plan and it was also approved.

So 390 animals should be killed.

And this despite the fact that the quota has already been raised from 300 to 350 in 2022.

Since the justification does not seem conclusive to the conservationists, a lawsuit was immediately filed with the Munich Administrative Court.

The lower hunting authority is currently waiting for the lawsuit to be served, the district office announced.

Later, the court will ask you to comment.

"Legally incorrect" is the statement by Wildes Bayern that the forestry company had requested the shooting of 40 other animals.

Rather, ten of them were deleted from the plans in other areas of the conservancy community and then assigned to the Miesbach state hunting area.

The reason for such a redistribution could be a changed population, for example.

Irrespective of this, the majority of the hunting advisory board decided to subsequently increase the shooting plan, whereupon the hunting authority implemented this and ordered immediate enforcement.

Jörg Meyer, head of the Schliersee forestry operation, explains why it was necessary to add more stock.

Based on the counts carried out at the red deer feedings in winter 2021/22, the red deer population was lower than it actually was during the hunting year.

The fact that the shooting plan was already fulfilled in November is an indication of this.

In order to protect the (protective) forest regeneration in the sensitive mountain areas, additional cuttings have become necessary from the point of view of the forestry company, explains Meyer.

The fact that more calves were killed than originally approved – as also criticized by the Wildes Bayern association – is not objectionable.

According to the ordinance for the implementation of the Bavarian Hunting Act, it is basically possible to kill a calf instead of a deer, adult animal or small animal.

chamois shot

Even before the red deer, the Wildes Bayern association complained about the plan to kill chamois in the Miesbach state hunting ground.

According to the district office, there is still no date for the main hearing at the Munich Administrative Court.

Since the court did not overturn the immediate execution ordered by the hunting authority, the forestry company may remove the number of animals specified in the shooting plan, although the lawsuit has not yet been finally decided by the court.

cutting work

The association Wildes Bayern not only worries about the shooting down of the animals in the forest, but also about their impairment by tree felling.

And this is where the forestry company Schliersee was also targeted by nature conservationists.

After the announcement, several discussions took place between the association and its lawyer and the state forest, the district office announced.

The lower nature conservation authority does not assess quite as clearly as the association whether the latter committed an administrative offense during the cutting work.

So the process is still dragging on.

The difficulty lies in the assessment of whether wild animals of the strictly protected species and European bird species were "significantly disturbed" by the cutting measures under the Federal Nature Conservation Act during the breeding, rearing, moulting, hibernation and migration periods, explains the district office.

However, a significant disturbance only exists if the conservation status of the local population of a species deteriorates as a result.

Although the condition of the local capercaillie population is "demonstrably bad", a "significant impact" of the cutting work has still not been legally clarified.

However, a fine may only be imposed if guilt is clearly proven.

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Irrespective of this, the forestry company and the lower nature conservation authority had agreed "to want to coordinate cutting measures even more closely in future in order to avoid subsequent lengthy investigations from the outset".

so called