Facts

The Canton of Graubünden has enacted a new Fishing Act that significantly restricts access to fishing for Swiss citizens without a residence in the canton. Specifically, the Act provides the following: - Permits for the entire fishing season will only be issued to cantonal residents or persons with at least 10 years of residence in the canton. - The fees for fishing permits have been significantly increased for non-cantonal residents, in some cases to multiple times the fees for cantonal residents. Hans Hasler and 189 other Swiss citizens without a residence in the Canton of Graubünden have filed a complaint with the Federal Supreme Court against these provisions. They argue that these regulations violate the principle of legal equality (Art. 4 Federal Constitution).

Considerations

The Federal Supreme Court dismisses the complaint. It makes the following findings:

The Canton of Graubünden, as the holder of the fishing prerogative, has the right to restrict fishing rights to cantonal residents. This does not violate the principle of equality, as there are objective reasons for it:

  • The canton wants to prevent overfishing of the waters, which can be achieved by excluding non-cantonal residents.
  • The canton may also use its fishing…