Cotter dispute: Justice decides on controversial killing control!

Cotter dispute: Justice decides on controversial killing control!

Oberfranken, Deutschland - In Bavaria, the killing of the strictly protected otter remains a hotly controversial topic. Despite its protection status, the government allows the withdrawal of these animals in exceptional cases, which has led to the legal discussion between various environmental organizations and the Bavarian authorities. The German Environmental Aid (DUH) has now submitted a complaint to the Bavarian Administrative Court (VGH) in order to proceed against a corresponding regulation that allows the killing of fish potters.

The dispute broke out when the government of Upper Franconia issued a general order in February 2025, which allowed the shooting down in three counties. Before killing, however, an application must be made to the lower nature conservation authority. The DUH argues that this decision violated the protection law and the effects of the killings have been insufficiently checked. In the Bayreuth administrative court, an urgent request from the DUH had previously been rejected to prevent the shooting.

legal disputes and precedent

The legal dispute will gain in the explosiveness, because a comparable case in the Upper Palatinate is already causing a stir. There, the Administrative Court of Regensburg overturned a similar general order on March 31, 2025, which was banned from killing freezot on Styrian ponds. The VGH confirmed the strict protection status of the animals and criticized that the permits for killings were granted without proving that they were necessary to avoid damage in the pond economy.

This case law could have an impact on the planned regulation of the Bavarian state government, which would make it easier to shoot otters. The chairman of the Bund Naturschutz, Richard Mergner, expressed hope that the state government will withdraw the controversial regulation.

claims and measures for the pond economy

In order to protect the interests of the pond hosts, the BUND nature conservation proposes a livelihood protection program and a otter bonus model that provides for compensation for damage. Despite a state parliament decision in 2018 for killing fish potters, no measures have so far been initiated by the Bavarian agricultural authorities. In addition, existing funding opportunities are insufficiently used for a sustainable pond economy.

The environmental organizations agree that a comprehensive examination of the Situation is necessary. The otter population in Bavaria is important for the ecosystem, and according to experts, the consequences of their killing are unforeseeable. For the DUH, the persistent legal dispute is a sign of the necessary protection of these animals, while at the same time the interests of the pond hosts have to be maintained. How the judiciary continues to react to this complex topic remains to be seen.