Wildlife Protection Switzerland association wins partial court victory

The initiators of the cantonal popular initiative «For Environmentally Compatible and Ethical Hunting» have won a partial victory at the Grisons Administrative Court.

In September 2013, the collection of signatures began for the popular initiative «For Environmentally Compatible and Ethical Hunting», which was published in the Cantonal Gazette on 12 September 2013.

The initiative calls, in the form of a general motion, for the cantonal hunting law to be amended in accordance with the following principles:

1. Pregnant and nursing female red deer, as well as female roe deer and their young, are to be protected as a general rule.
2. Kill traps and the baiting of animals are to be prohibited.
3. All birds not protected under federal law shall not be huntable.
4. A general winter rest period for all wildlife from 1 November until the start of the main hunting season.
5. The Office for Hunting and Fishing as well as the Hunting Commission must include equal representation of animal welfare advocates and non-hunters.
6. When engaging in recreational hunting, the blood alcohol limits applicable under road traffic legislation shall apply.
7. Hunting aptitude and marksmanship must be reviewed periodically. From 2016 onwards, only lead-free ammunition may be used.
8. Children under the age of 12 may not be taken along on recreational hunts and may not be encouraged to take up recreational hunting through schooling.
9. In the case of any extraordinary damage, wildlife wardens may only carry out culling measures if all other conceivable protective measures have proven ineffective.

On 26 August 2014, a representative of the initiative committee submitted the initiative to the State Chancellery with 3’265 signatures. In its decision of 9 September 2014, the Government of the Canton of Grisons determined that the initiative had been successfully launched with 3’250 valid signatures.

Administrative Court partially upholds appeal

The court has now upheld their complaint on two of three points. It ruled as admissible and not in conflict with higher law the requests concerning the protection of female animals and the one regarding a general winter rest period for red deer.

However, the administrative judges considered discriminatory the demand for equal representation in the Office for Hunting and Fisheries by persons who support hobby hunting and those who are critical of it.

Wildtierschutz Schweiz appeals to the Federal Court

Wildtierschutz Schweiz is taking the ruling of the Graubünden Administrative Court on the cantonal popular initiative «For hunting that is compatible with nature and ethical» to the Federal Court.

After legal clarification, they concluded that it was worth having this point resolved by Switzerland's highest court. Because the question is relevant to animal welfare throughout Switzerland.

Animal welfare must not be ignored in legislative revisions. That is why a non-hunter is needed in the Office for Hunting and Fisheries of Graubünden and on the hunting commission. «This person should of course have specialist knowledge,» says Ms. Marion Theus. More on the animal welfare problem of hobby hunting.