Regulation of the Red Deer Population in the Aletsch Forest

Facts

The Canton of Valais requested the Federal Office for the Environment (FOEN) to authorize the opening of part of the federal game reserve Aletsch Forest for hunting, in order to reduce the significantly increased red deer population and mitigate forest damage. The FOEN agreed to a limited number of red deer culls. The State Council of the Canton of Valais then issued a supplementary decree that opened part of the Aletsch Forest for red deer hunting. The appellant filed a complaint, as the Aletsch Forest is a nature reserve where hunting is prohibited.

Considerations

The Federal Supreme Court upholds the complaint and quashes the contested judgment. It finds that hunting is generally prohibited in game reserves (Art. 11 para. 5 sent. 1 HuntA). However, the culling of huntable animals in game reserves can be permitted under certain conditions (Art. 11 para. 5 sent. 2 HuntA). In this case, a balancing of interests must be carried out, taking into account in particular the conservation objectives of the Aletsch Forest as a nature reserve and UNESCO World Heritage Site. The measures must be designed in such a way that disturbances to other (protected) species…