The DAV regional association of Baden-Württemberg is suing the Karlsruhe Administrative Court against the year-round closure of the Baden Wall. This is after the Karlsruhe regional council rejected a so-called conciliation process in the dispute over the controversial climbing ban.
In November 2022, the Karlsruhe regional council ordered the complete closure of the area to protect the breeding peregrine falcons Baden wall am batters for the next five years. The DAV and the citizens' initiative 100% Battert consider this decision to be neither proportionate nor expedient. After the regional council rejected an out-of-court solution, a legal dispute is now taking place. A specific trial date has not yet been set.
Why are opponents of the full lockdown going to court?
In short, the DAV regional association of Baden-Württemberg and the citizens' initiative 100% Battert consider the year-round full closure of the Badener Wand to be neither proportionate nor expedient. They also believe that their arguments have not been heard sufficiently.
The one against the general decree of the Karlsruhe regional council lodged objection rejected this last September as “permissible but unfounded”.
In the discussion that has been going on for two years, the nature conservation authorities assumed from the beginning that anthropogenic disturbances were the only cause of the declining breeding success of the peregrine falcon, writes the DAV Baden-Württemberg regional association in its press release.
“The DAV and other nature conservation associations have repeatedly called for natural factors such as predators and heavy rain events to be taken into account, as well as for monitoring using wildlife cameras and optimizing the breeding site.”
The Karlsruhe Regional Council has confirmed that there were no anthropogenic disturbances in the past two breeding seasons that led to a loss of brood. Rather, a so-called remating was determined to be the reason for the peregrine falcon's lack of breeding success.
There is no stringent argument for completely closing the Badener Wand all year round
Kai Helmle, DAV regional manager
“On the one hand, we have implemented a targeted measure by temporarily screwing on the safety hooks during the breeding season in 2022, which in practice has the same effect as the complete removal of the safety hooks carried out by the Karlsruhe Regional Council. On the other hand, the technical statement from the Radolfzell Bird Observatory confirms that the practice of climbing in the second half of the year and therefore outside the breeding season has no relevance when choosing the next year's breeding site," says DAV state manager Kai Helmle, explaining the background for the appeal to the Karlsruhe Administrative Court .
Comprehensive report should provide clarity
Since the exact causes of the declining breeding success of the peregrine falcon remain unclear, the DAV regional association has commissioned a comprehensive ornithological-ecological report that covers the entire period from 2004 (return of the peregrine falcon to the Baden Wall) up to and including the 2024 breeding season .
For 2004-2022, this will be done on the basis of available data; for 2023 and 2024, separate surveys will also be carried out, for example on the occurrence of the eagle owl, and the recordings from the wildlife cameras installed by the Karlsruhe regional council on the Badener Wand will be evaluated.
With the newly collected data, the DAV regional association hopes to draw conclusions in order to be able to draw differentiated measures to protect the peregrine falcon and thereby find an appropriate and consensual regulation for the use of the Badener Wand - for nature conservation and climbing sports.
Prejudicial decision expected
By taking legal action before the administrative court, the citizens' initiative 100% Percent Battert not only wants to advocate for the Baden Wall and a nature that is open to everyone.
It is already becoming apparent that the approach at Battert serves as a blueprint for further planned closures. The trend: a broad restriction of access to nature and the criminalization of those who like to go there.
Citizens' initiative 100% Battert
Additional costs of 15 euros are expected for the lawsuit. Anyone who wants to support the citizens' initiative financially can do so here do.
Full closure: adoption of best practice
The Alpine Association, together with the Ministry of the Environment, had already introduced nationwide rules to protect peregrine falcons on climbing rocks in the 90s: bans on climbing on breeding rocks (partial closures on large rocks) from January 1.1st. until July 31.7st of each year.
With the full year-round closure, the Karlsruhe regional council is saying goodbye to this practice that has been well practiced for 30 years in agreement between nature conservation and nature sports and is clearly overshooting the target.
Michelle Müssig, deputy. Chairwoman of the mountaineering and nature conservation department in the DAV regional association
While the nature conservation strategy of the state of Baden-Württemberg emphasizes the importance of cooperation, motivation, appreciation, experience and enthusiasm for nature conservation, a disproportionate blanket ban on the Baden Wall prevents a shared solution and also creates a wedge between nature conservation and nature-loving climbers and driven climbers.
This approach is a terrible throwback to the 1990s, which were characterized by distrust and confrontation.
Michelle Müssig, deputy. Chairwoman of the mountaineering and nature conservation department in the DAV regional association
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Credits: Cover image Panico Alpinverlag/Ronald Nordmann