The fern (Filicinophyta and Polypodiopsida) is one of the oldest plant species on earth. Of a total of 12,000 different varieties worldwide, almost 200 are native to Germany. Wonderful specimens are mainly found in forests. But whether plant lovers can simply take them with them depends on various factors, but above all on the variety. What is allowed and what is not can be read below.
Table of Contents
Forstrecht
Forest law relates to forests and consists of basic general laws that apply to everyone. Some special regulations prohibit the collection and removal of forest products, including plants such as ferns. Exceptions exist in some cases and depend on the respective variety and other conditions.
In principle, taking ferns with you is only allowed if the selected varieties do not fall under nature conservation, the taking with you is for planting in the private garden/at home and the quantities are “manageable”, small. In short: private personal use in small quantities of unprotected varieties is a basic requirement for taking ferns out of the forest with no punishment.
If you want to dig up ferns in a forest in order to sell/distribute them commercially, you must obtain permission from the responsible forest office in advance.
It is also forbidden to dig up if this is only done on a spontaneous whim and the plants are then simply thrown away. Visitors to the forest are also not allowed to snap off shoots or tear off leaves, especially not in the case of fern varieties that are protected species/nature.
Privatwälder
According to the BMEL (Federal Ministry of Food and Agriculture), 48 percent of all forests in Germany are currently privately owned. In some cases, other regulations apply here, whereby forest law applies without restrictions, as with forests of federal and state governments. This means that ferns that fall under nature protection may not be dug up and taken away, even in private forests. Since it is private property/private property, it must be taken into account that additional prohibitions can be imposed by the owner, which means that taking non-nature-protected ferns away can be viewed as theft. It is therefore advisable to always ask the owner of ferns in a private forest whether a fern can be taken away.
nature reserves
- over 8,800 nature reserves in Germany
- Taking away ferns from a nature reserve or forest area under nature protection is generally prohibited
- Nature reserves are usually marked with signs at access points.
season
If a fern variety is found that is not under nature protection, it may not be taken away at any time. The season, which extends beyond the permitted range between spring and early summer, must be taken into account. This is due to the fact that ferns take a while to establish their roots when transplanted from the forest to a new location. This is important so that the plants get through the winter well. Considering the reason for taking it with you (to plant at home), this is to ensure that a fern taken from the forest can continue to live.
risk of confusion
The problem with ferns is the clear identification of the different varieties, so that one can differentiate between protected ferns and other specimens. In practice, this usually proves to be quite difficult, because it is often only minor details that reveal the identity. The chance, especially for laypeople and inexperienced collectors, of accidentally picking up a “forbidden” fern is all the greater. In doing so, they risk a high fine. For this reason, you should only dig up ferns if you can clearly classify them among the non-protected plants in the forest. If in doubt, it is not advisable to take it with you, because it cannot be said with certainty whether it is allowed or forbidden.
Punish
If a “permissible” type of fern is dug up from the forest and later thrown away, this usually constitutes an administrative offense with a damage value of less than 25 euros, provided that neighboring plants were not damaged during planting or there was extensive devastation. Normally there is no reimbursement here. The situation is different when forest property is stolen from a private forest, nature reserve or species-protected varieties from forests. In the case of the latter in particular, high penalties of more than 1,000 euros can be expected and damage compensation can also be claimed against the person who caused the damage.
Fern roots forbidden to take away
- Bladder ferns (Cystopteris) such as:
- Mountain bladder ferns (Cystopteris montana)
- Sudeten-Blasenfarne (Cystopteris sudetica)
- Kammfarne (Dryopteris cristata)
- Krause Rollfarne (Cryptogramma crispa)
- Spleen ferns (Asplenium) such as:
- Azoren-Farne (Asplenium azoricum)
- Foreser of Fame (Asplenium forezense Magnier)
- Hirschzungenfarne (Asplenium scolopendrium)
- Jura-Farne (Asplenium fontanum)
- Lanzettblättriger Streifenfarne (Asplenium obovatum)
- Milzfarne (Asplenium ceterach, syn.
- Serpentin-Farne (Asplenium cuneifolium)
Strictly protected fern varieties
The difference between strictly protected ferns and normal, protected specimens is that for some “only” the removal of roots is prohibited and for strictly protected plants the prohibition refers to the removal of all parts of the plant, even damaging parts of the plant is already being punished. Even stepping on it can mean damage, so special caution is required here.
- Ästige Rautenfarne (Botrychium matricariifolium)
- Skin Ferns (Hymenophyllaceae)
- Royal ferns (Osmunda regalis)
- Shield Ferns (Polystichum) – all native species such as:
- Gelappte Schildfarne (Polystichum aculeatum)
- Braun’s shield ferns (Polystichum braunii)
- Lanzen-Schildfarne (Polystichum lonchitis)
- Grannen-Schildfarne (Polystichum setiferum)
- Floating ferns (Salvinia natans)
- Multipart rue ferns (Botrychium multifidum)
Conclusion
Some ferns may be taken under certain conditions. Illegal acts can result in significant penalties of up to 1,000 euros or more, which is why forest visitors are always on the safe side if they leave ferns in the forest and buy their own specimen from a specialist garden store.
