Control of the Red Swamp Crayfish in the Schübelweiher through Predatory Fish instead of Pesticide Use

Facts

In the fall of 1995, the Fisheries and Hunting Administration of the Canton of Zurich discovered a large population of the American Red Swamp Crayfish in the Schübelweiher. The authorities decided to combat the crayfish with the pesticide Fenthion, as it posed a threat to the native crayfish and the aquatic fauna. The WWF Switzerland and the WWF Zurich filed a complaint against this measure.

The Administrative Court of the Canton of Zurich dismissed the complaint, as the use of the pesticide was justified by the Fisheries Act and the Rio de Janeiro Convention on Biological Diversity. The WWF Switzerland then filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court upheld the appeal. It found that the planned use of the pesticide violated the Water Protection Act, as the law only allows for a few exceptions to the requirement of maintaining water purity. A balancing of interests that would grant the authorities a margin of discretion is not applicable here, as a suitable and proportionate alternative is available.

The control of the Red Swamp Crayfish through the use of predatory fish such as eel, pike, and perch proves to be such a…