Grey Heron: Excessive, Illegal Culls in Graubünden

Because the canton of Bern repeatedly authorised a high number of special culls of the protected grey heron up until 2014, the Swiss Bird Protection Association (VSV) filed a complaint against the canton of Bern's practice and won before the Federal Supreme Court .

Since then, cantons must issue a formal ruling when they wish to shoot a protected bird. If there are indications that a cull would be unlawful, a nature conservation organisation such as the Graubünden Bird Protection Association (BVS) must be able to lodge an objection against the ruling. The Federal Supreme Court sets strict criteria for a special cull: it is not sufficient for a heron to regularly visit a fish farm — structural measures must first be implemented (e.g. stretching wires over the ponds). And a grey heron standing at a fish-poor body of water will also not be approved for a special cull by the Federal Supreme Court. A bird can hardly be held responsible for hydropeaking operations, the discharge of pesticides and insecticides from agriculture into waterways, and the resulting scarcity of fish.

Graubünden Ignores Federal Supreme Court Ruling

Although a Federal Court ruling has existed since April 2015 establishing that ornithological associations such as the BVS must be granted the right to object to the shooting of protected birds, the Office for Hunting and Fishing of Graubünden continued to ignore this Federal Court ruling even in 2016, and in that year alone permitted a further 49 grey herons to be shot in the canton (across Switzerland, there were 51 grey heron shootings in total). And this, notably, without the Graubünden Bird Protection association having received any official order!

While most cantons have not issued any special shooting permits in recent years, one hundred grey herons were killed in Graubünden between 2013 and 2016. The data for 2017 has not yet been published. In the view of many ornithologists, the population of bird species is continuously declining across most species. Yet the Office for Hunting and Fishing in Graubünden sees fit to shoot even the protected grey herons out of the landscape. This is a completely untenable situation that cannot be justified by any reasonably sound argument.

Conflict with the Office for Hunting and Fishing of Graubünden

Discussions are currently underway with the Association of Swiss Bird Protection regarding further steps, and more information will follow. The reporting platform ornitho.ch, operated by the Swiss Ornithological Institute, has a broad membership base, including the Office for Hunting and Fishing of Graubünden. This means that even confidential reports submitted by the Office are accessible. Bird protection advocates are therefore calling for grey heron sightings in Graubünden to be withheld from ornitho.ch for the time being. This is a precautionary measure, as there is otherwise a risk that further shootings could be carried out on the basis of the submitted reports — at least until the situation in Graubünden is brought into line with Swiss law.

Update 3.3.2020

The canton of Graubünden accounts for the highest number of grey herons shot anywhere in Switzerland. Criticism of this shooting practice has now emerged.

Between 2015 and 2018, a total of 106 grey herons were killed across Switzerland, 88 of them in Graubünden. These shootings are said to have been unlawful. According to a motion submitted to the Grand Council last December, organisations entitled to lodge complaints — such as the Graubünden Bird Protection association — were never provided with the relevant shooting orders.

Implementation with More Staff

In its response published on Monday, the government pushes back. The shooting of «damage-causing grey herons», particularly near fish farms in the Mesolcina valley, is carried out on the basis of an action plan for fish-eating birds. It is in compliance with the law.

Nevertheless, there is apparently room for improvement. A Federal Court ruling from 2013 requires that before a shooting can take place, orders must be issued that can be challenged. The government wrote that implementation of the Federal Court decision has been delayed due to extensive requirements.

According to its own statements, the government is not only willing, but considers it its duty to notify organisations with the right of appeal of future decisions «regarding fish-eating birds». The government assures that BirdLife Switzerland will be among the recipients.

Bird protection advocates can have good reason to hope for an improvement in the situation: particularly since, according to the government, the Office for Hunting and Fishing was able to provide «additional staffing resources» for 2020, in order to «be able to fully implement the formal requirements going forward». More on the topic Hunting legislation and Crime and recreational hunting.