No, magnet fishing in Germany is prohibited under the Federal Nature Conservation Act and local waterway regulations, as it disturbs aquatic ecosystems and may uncover unexploded ordnance or archaeological artifacts, triggering criminal liability under the Criminal Code (§ 304 StGB) for damaging protected cultural heritage.
Key Regulations for Magnet Fishing in Germany
- Criminal Liability for Disturbance: Under § 304 StGB, unauthorized removal of objects from water bodies constitutes property damage, punishable by fines or imprisonment. The Federal Criminal Police Office (BKA) classifies magnet fishing as a high-risk activity due to potential ordnance exposure.
- Waterway Jurisdiction: The Federal Waterways and Shipping Administration (WSV) enforces the Water Resources Act (WHG), requiring permits for any interference with water bodies. Unauthorized activities may result in orders to cease and desist by local water police (Wasserschutzpolizei).
- Cultural Heritage Protection: The Monuments Protection Acts of federal states (e.g., Denkmalschutzgesetz NRW) criminalize the removal of artifacts without permits. The German Archaeological Institute (DAI) monitors compliance, with 2026 amendments tightening penalties for unauthorized recoveries.
Local ordinances (e.g., Berliner Wassergesetz) further restrict magnet fishing in urban waterways, with municipalities like Hamburg imposing additional fines up to €5,000 for violations. The 2023 Ordnance Clearance Act mandates immediate reporting of suspected explosives to authorities, adding legal exposure for practitioners.