Suspensive effect for wolf cull still applies
Published: Friday, Jan 5th 2024, 12:10
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As long as the Federal Administrative Court has not ruled on the appeals of three nature conservation organizations against the decimation of wolf packs in the cantons of Graubünden and Valais, no animals may be shot. The court has rejected the requests to lift the suspensive effect.
The two cantons ordered the preventive shooting of wolves in November 2023. They had previously received the corresponding approvals from the Federal Office for the Environment (FOEN). In the canton of Valais, the FOEN approved the removal of the wolf packs of Nanz (at least five wolves), Le Fou-Isérables (at least four wolves) and Les Hauts-Forts (at least three wolves).
The canton of Graubünden has been given the green light for the elimination of the wolf packs Stagias (at least eight wolves) and Vorab (at least ten wolves) as well as the planned culling of two thirds of the young wolves born in 2023 from the packs Jatzhorn (three pups) and Rügiul (two pups). This is the result of the two interim rulings published by the Federal Administrative Court on Friday.
As is usually the case, the appeals lodged by the nature conservation organizations Pro Natura, WWF Switzerland and Schweizer Vogelschutz have a suspensive effect. This means that the legal consequence ordered by an injunction does not occur for the time being. The purpose of the suspensive effect is to prevent the appealing party from feeling the adverse effects of the order until a decision has been made on its legality, as the court wrote.
"Protected animal species"
In December, the two cantons applied for the suspensive effect to be lifted due to the "high extent of the damage". The Federal Administrative Court did not grant this request.
It states that the nature conservation organizations in the Valais case had made it credible that possible protective measures had not been taken in the past. This would significantly reduce the feared high number of livestock killings. This considerably relativizes the need to withdraw the suspensive effect.
The fact that the wolf is an animal protected by law also plays a role. The number of 16 farm animals killed despite livestock guarding dogs is relatively low and is not sufficient to withdraw the suspensive effect.
Regarding the Graubünden application, the Federal Administrative Court writes that the disputed population regulation could lead to the shooting of 23 wolves. This would be offset by the five livestock kills that may have taken place last year despite herd protection measures. The feared damage is neither factually nor financially unreasonable.
The Federal Administrative Court has not yet ruled on the matter itself - i.e. whether the ordered shootings are compatible with higher-ranking law. (Orders A-6740/2023 and A-6831/2023 of 3.1.2024)
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