In order to combat the further decline of species, a differentiated system of protection has been introduced internationally, at European, German and Bavarian level. According to this system, depending on the protection status, access (taking, damaging, destroying, stalking, catching, injuring, killing, certain disturbances) to animals and plants as well as their habitats/locations in the wild, possession, import and export and marketing are prohibited.
In addition, there may be further obligations (e.g. identification obligation, reporting obligation, notification of keeping). However, if certain conditions are met, the prohibited acts are permitted by way of exception or may be permitted by way of exception upon application (especially for research purposes).
You therefore need an exception or exemption, for example, if you are exempt from the access, possession or marketing prohibitions of the Federal Nature Conservation Act for
- Specially protected animal species (e.g. moles, swallows, dormice)
- Specially protected plant species (e.g. certain orchids, arnica)
want to deviate.
In principle, the governments, as higher nature conservation authorities, allow exceptions to the prohibitions under species protection law.