Facts
The Swiss Association for the Protection of Birds (ASPO) and Pro Natura have filed appeals against authorizations granted by the Fribourg authorities to three fish farmers to shoot grey herons. The fish farmers had requested these authorizations to protect their fish farms from damage caused by grey herons.
The Directorate of Institutions, Agriculture and Forests of the Canton of Fribourg has cancelled the initial authorizations of the Cantonal Service, but has replaced them with "shooting orders" subject to certain conditions. ASPO and Pro Natura then appealed against these decisions of the Cantonal Directorate.
The Cantonal Court rejected the appeals, confirming the shooting orders with the addition of the obligation to install automatic inflatable scarecrows. ASPO and Pro Natura finally filed a public law appeal with the Federal Tribunal.
Considerations
The Federal Tribunal first examines the admissibility of the appeal. It considers that ASPO and Pro Natura have standing to appeal, as they are organizations empowered to act in the interest of the protection of nature and wild birds.
On the merits, the Federal Tribunal considers that the disputed shooting orders do not constitute exceptional measures within the meaning of Art. 12 para. 2 of…