Baden-Württemberg: Lawsuits against nationwide only night fishing ban successful

The Stuttgart Administrative Court has overturned the night fishing ban, which is unique in Germany, for six plaintiffs. For them, this means that they are allowed to catch fish around the clock, provided that the judgment, which has not yet been issued, is final. "The night fishing ban is not generally lifted", the court clarified on Wednesday in a communication on the tenor of its decision. All others are only allowed to fish from one hour before sunrise to one hour after sunset, although there are easings for eel, catfish and crab catches. In the opinion of the 5th Chamber, the prohibition does not apply to the plaintiffs because of a violation of higher-ranking law.

These had asserted encroachments on property and fundamental rights.

The Ministry for Rural Areas had emphasized that the ban took into account the need of fish and other animals such as birds living on the bank to get a good night's rest.

An appeal can be made if the Administrative Court allows it.

The successful plaintiffs now see the way paved for lifting the ban for all 150,000 anglers in the southwest.

"With the right decision by the administrative court in Stuttgart, the ban is no longer tenable from our point of view," emphasized Reinhart Sosat, managing director of the Baden-Württemberg State Fisheries Association.

The association had five high-ranking representatives sued as private individuals.

The chairman of the Wuerttemberg fishing club, Hans-Hermann Schock, had sued.

The organizations had criticized the fact that they were being tamed as quiet nature lovers, while others bathed dogs, partied or barbecued on the banks of the river at night without restriction. Anglers could even perform a positive supervisory function on the water at night and, unlike other nocturnal nature users, would have special training in the form of the official fishing test, explained the state fisheries association.

Club man Schock welcomed the tenor of the court, which will present its judgment in the next 14 days. If there is no objection within four weeks, he will ask the Ministry for Rural Areas to change the regulation quickly. If that does not happen, he will call on all anglers to sue the administrative court individually. That will cost the ministry, which has to bear the costs, dearly, he said.