DThe Stuttgart Administrative Court overturned the night fishing ban on six plaintiffs, which is unique in Germany. For them, this means that they can fish around the clock, provided that the verdict that has not yet been issued is the final verdict. “Nocturnal fishing bans are generally not lifted,” the court clarified in a communication on the subject of its decision on Wednesday. All others are only allowed to fish from one hour before sunrise to one hour after sunset, but the catch of eels, catfish and crabs has been relaxed. The Fifth Chamber held that the injunction did not apply to the plaintiff due to a violation of the higher-level law.
These claims violated property and fundamental rights. The Ministry of Rural Areas emphasized that the ban takes into account the need for fish and other animals (such as birds) to live on the shore to obtain a good night rest. If the administrative court allows, an appeal can be filed.
The successful plaintiff now sees paving the way for the lifting of the ban on all 150,000 anglers in the southwest. Reinhart Sosat, Managing Director of the Baden-Württemberg Fisheries Association, emphasized: “Because the Stuttgart Administrative Court has made the right decision, from our point of view, the ban is no longer valid.” The association has five senior representatives as private individuals. Prosecute. Hans-Hermann Schock, chairman of the Wurttemberg Fishing Club, has filed a lawsuit.
These organizations criticize them for being bullied as quiet nature lovers, while others have unrestricted bathing, gatherings or barbecues by the river. The State Fisheries Association explained that anglers can even play an active role in supervising the water surface at night, and unlike other natural users at night, they will receive special training in the form of official fishing tests.
Club man Schock welcomed the tone of the court, and the court will make a decision within the next 14 days. If there is no objection within four weeks, he will ask the Ministry of Rural Areas to quickly amend the regulations. If it does not happen, he will call on all anglers to sue the administrative court separately. He said that this will cost the ministry a heavy price, and the ministry must bear the cost.
