Soeben erhielt ich folgende Nachricht vom Sekretariat der Berner Übereinkunft (auf die das BVerwG maßgeblich abstellt):
"To us, in the Secretariat of the Bern Convention, Appendix IV only lists means of capture and killing of species in Appendix III. It is Article 8 that asks Contracting parties to prohibit “the use” of some means of capture and killing, in particular those in Appendix IV. Article 8 does not mention the possession of such means.
Article 8
In respect of the capture or killing of wild fauna species specified in Appendix III and in cases where, in accordance with Article 9, exceptions are applied to species specified in Appendix II, Contracting Parties shall prohibit the use of all indiscriminate means of capture and killing and the use of all means capable of causing local disappearance of, or serious disturbance to, populations of a species, and in particular, the means specified in Appendix IV.
To us Article 8 (linked to Appendix IV) says what it says: it prohibits the use, in particular, of “Semi -automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition”. Thus if the weapon has a magazine capable of holding two rounds of ammunition, the weapon is fine for hunting species in Appendix III. If the weapon has a magazine capable of holding more than two rounds of ammunition, it cannot be used and should be prohibited for hunting species in Appendix III by all states having ratified the Bern Convention without notifying exceptions in that respect."