Hunting Act (JaG) - Purpose (JAG)

1. This law regulates, in accordance with federal legislation, the protection of wild animals, hunting, as well as the limitation and compensation of wildlife damage.

2. It aims to

a) preserve the biodiversity of native and migratory wild animal species;

b) preserve the habitats of wildlife and ensure the connectivity of wildlife populations through wildlife corridors;

c) protect and promote endangered wildlife species;

d) ensure the sustainable use of wildlife stocks through hunting;

e) limit conflicts and damage caused by wildlife to an acceptable level;

f) adequately protect wildlife from disturbance caused by recreational activities.

1. The canton transfers the right to exercise hunting and the associated obligations through leasing areas to hunting associations, insofar as it does not exercise the hunting itself.

1. The cantonal territory is divided into hunting districts. In doing so, particular consideration must be given to hunting and wildlife biological criteria.

2. The boundaries of the districts are determined by the department after consultation with the hunting associations.

1. Hunting districts are leased to hunters who have formed an association in accordance with Article 60 et seq. of the Swiss Civil Code (SCC) of December 10, 1907.

2. Members of a hunting association must possess a hunting license for the canton of Solothurn for the duration of the lease period.

3. The minimum number of members of a hunting association is determined based on the huntable forest area. At least half of these members must have their residence in the canton of Solothurn.

4. A hunting association may lease only one hunting district, and a person may be a member of no more than two hunting associations, but will be counted towards the minimum number in only one hunting district of their choice.

5. Members of a hunting association are jointly and severally liable for the obligations arising from the lease agreement and the cantonal hunting legislation.

6. The government council issues further regulations concerning hunting associations in an ordinance.

1. Hunting areas are leased by the department through public auction to hunting associations for a duration of eight years. The lease is concluded through a public law contract.

2. The department sets the auction and lease conditions.

3. The maximum bid at auction is 150 percent of the minimum lease fee.

4. If multiple hunting associations bid up to the maximum price for a hunting area, the contract is awarded to the hunting association that

a) has more members from the previous hunting association;

b) if the number of members from the previous hunting association is the same, has more members residing in the respective hunting area;

c) if the number of members from the previous hunting association and in the hunting area is the same, is determined by lot.

5. Subleasing is not permitted.

1. The following hunting grounds may be leased privately by the department for a maximum of one lease period

a) Hunting grounds that could not be leased through public auction;

b) Hunting grounds for which the lease agreement was terminated before the end of the lease period.

2. In the private leasing of a hunting ground, the residency requirement for members of a hunting association as per § 4 paragraph 3 may be waived.

1. The government council establishes the annual minimum lease income at the beginning of a lease period.

2. An additional charge is levied on the lease fee for out-of-canton members of a hunting association. The amount of the additional charge is set by the government council before the auction of hunting districts.

3. The department sets the minimum lease fees for the individual hunting districts upon the request of an appraisal commission appointed by the government council.

4. The lease fee may be reduced by the government council upon application by the hunting association in cases of significant and long-term restrictions on the huntable forest area during the lease period.

5. There is no entitlement to a reduction, in particular, in cases of

a) officially ordered extensions of protection periods;

b) restrictions on the list of huntable wildlife species;

c) decreed reductions in wildlife populations.

1. The lease ends at the expiration of the lease period.

2. It also expires following an unsuccessful reminder through an order of the department if

a) the hunting association does not fulfill its legal and financial obligations;

b) the hunting association repeatedly disregards orders from the department;

c) the required minimum number of members is not maintained for more than twelve months;

d) a hunting association no longer guarantees an operation adapted to the habitat and respecting forestry, agricultural, and environmental conservation interests.

3. The damage incurred by the canton due to the premature termination of the lease shall be borne by the affected hunting association.

1. The Government Council shall regulate the examination requirements for obtaining the Solothurn Hunting License and the recognition of hunting licenses from other cantons and foreign entities in an ordinance.

1. Entitled to hunt is anyone who possesses a valid hunting license or an accredited hunting permit recognized by the Canton of Solothurn.

2. The Government Council regulates the requirements for obtaining a hunting license and the recognition of out-of-canton hunting licenses and permits in an ordinance.

1. Persons excluded from the right to hunt are those who

a) no longer meet the requirements for obtaining a hunting license;

b) are not permitted to own, acquire, or carry weapons;

c) have lost the right to hunt throughout Switzerland due to judicial revocation in accordance with Article 20 of the JSG;

d) have lost the right to hunt in the Canton of Solothurn due to administrative revocation.

2. Exclusion from hunting does not constitute a claim for damages.

1. Hunting permits are subject to fees, except for the annual hunting permits for game wardens.

2. The government council may impose a wildlife damage surcharge of up to 300 francs on the hunting permit fee for guest hunters.

3. There is no entitlement to a refund of the fees for hunting permits that are not used or only partially used.

1. **The Canton monitors the wildlife populations and the impacts caused by wildlife on biodiversity and habitats, particularly their influence on forests, agricultural crops, and livestock. It determines cantonal measures and procedures for the sustainable use of wildlife populations.**

2. **The Government Council regulates the sustainable use of wildlife populations in an ordinance, especially concerning:**

a) **the huntable wildlife species and their hunting seasons;**

b) **the planning of hunting and culling by territory and across territories;**

c) **the operational hunting regulations and principles;**

d) **the hunting measures and the deployment of authorized third parties for hunting in areas with significant wildlife damage, in cases of epidemics, and in support of species protection.**

1. Hunting associations are responsible for hunting and culling planning, hunting operations, and hunting supervision within their hunting territories. They consider legitimate concerns of the public, agriculture and forestry, as well as nature, bird, and animal protection.

2. Hunting associations record the wildlife populations and losses in their hunting territories and report the necessary data for hunting statistics to the competent authority as well as a person responsible for these statistics.

3. Hunting associations are responsible for ensuring that wildlife populations in their hunting territories are adapted to local conditions through efficient regulation.

4. Hunting associations may invite hunting guests to participate in hunting activities under their supervision. They are also entitled to involve hunting assistants without hunting licenses to ensure the functioning of hunting operations.

5. The department may require hunting associations to collaborate across territories in areas with significant wildlife damage, in cases of epidemics, and for the regulation of certain wildlife species.

1. The supervision of hunting in the hunting district is ensured by the respective hunting association.

2. Hunting associations are obliged to appoint, at their own expense, a game warden and a deputy.

3. Game wardens must be authorized to hunt in the Canton of Solothurn and be able to reach the hunting district within a reasonable period.

4. Game wardens exercise the supervisory, enforcement, and control duties necessary for the protection of wildlife and the assurance of hunting, insofar as these duties are not assigned to another body or authority.

5. The department employs state game supervision authorities specifically for oversight in federal and cantonal wildlife protection areas.

6. The executive council regulates the specific powers and duties of game wardens in an ordinance.

1. Right to Game Animals for Hunting Associations on huntable game animals applies to those that have been killed, found dead, or injured within their hunting grounds.

2. Right to Game Animals for the Canton applies in cases of

a) Game animals that are killed, found dead, or injured within wildlife protection areas or in non-leased areas;

b) All protected game animals;

c) Huntable game animals that are not killed according to legal regulations or the culling plans established by the Canton.

1. The Government Council regulates in an ordinance, in particular

a) the measures for harmful or disruptive effects on wildlife;

b) the protection of mother and young animals during hunting;

c) the protection of birds during the breeding season;

d) the protection of individual wildlife of special importance;

e) the restriction or prohibition of feeding wildlife;

f) the keeping of certain wildlife species if they can endanger or negatively impact the natural lifestyle of wild animals.

2. The Department enacts measures against the spread of neozoa. It may oblige hunting associations to implement these measures or execute the measures itself.

1. Federal legal provisions apply to the capture, keeping, shooting, and preparation of wild animals protected under federal law.

1. Wild animals must not be released.

2. The department may grant exceptions. The competence of the federal authorities remains reserved.

3. If wild animals are released without permission, the department shall take measures at the expense of the responsible party to prevent these wild animals from spreading and reproducing.

4. Wild animals that have escaped from private or commercial keeping must be immediately reported to the specialized agency by the keeper. Paragraph 3 applies analogously.

1. The government council shall regulate the protection and networking of wildlife habitats in an ordinance, particularly through

a) the designation of wildlife protection areas, bird sanctuaries, and wildlife quiet zones;

b) the designation of wildlife corridors;

c) local and temporal restrictions on recreational activities, if such activities have significantly disruptive effects on the habitat or communities of wildlife.

2. The designation of wildlife protection areas, bird sanctuaries, wildlife quiet zones, and wildlife corridors shall be carried out in accordance with the land-use planning procedure pursuant to planning and construction legislation.

1. Landowners and land managers are required, at their own expense, to undertake reasonable preventive measures against wildlife damage to protect forests, agricultural crops, and livestock, and these measures must be coordinated with the relevant hunting associations.

2. The government council shall issue regulations for the measures to be taken by the canton itself, as well as by landowners and land managers, in an ordinance for this purpose.

3. The canton may support measures for the prevention of wildlife damage, particularly

a) in the acquisition of data to assess the wildlife damage situation;

b) in the presence of protected wildlife that causes damage;

c) in the improvement of natural habitats in the forest;

d) in cases of damage in protective forests or important winter habitats for wildlife;

e) in the promotion of natural preventive measures.

4. Preventive measures against wildlife damage in the forest may be supported based on the cantonal Forest Law of January 29, 1995.

1. Hunting associations ensure through hunting measures that wildlife populations are kept at a level tolerable for forests and agriculture.

2. In cases of significant damage to agricultural land caused by wild boars, the department can, depending on the extent of the damage in relation to the minimum lease rent of a hunting district, mandate the following measures

a) Order preventive measures;

b) Specifications regarding the intensity of hunting and the culling of female animals;

c) Permit third parties with hunting rights to hunt if the wildlife damage exceeds the minimum lease rent.

3. If a hunting district repeatedly fails to meet the culling requirements or authorized third parties with hunting rights are hindered in their hunting efforts, and the wildlife damage repeatedly exceeds twice the minimum lease amount, the lease relationship will be terminated according to § 8, paragraph 2.

4. The department can obligate hunting associations to cull specific protected or huntable wildlife that cause significant damage.

1. Self-help measures against wild animals are permissible if deemed necessary for the protection of domestic and farm animals, properties, and agricultural crops, and if actual or imminent damage is demonstrated.

2. Self-help measures must not endanger the safety of persons or the property of others.

3. Property owners and managers are liable for any damage caused by them in exercising self-help measures.

4. The governing council shall issue the necessary regulations in an ordinance and regulate the requirement for permits.

1. Damage caused by huntable wildlife to forests, agricultural crops, and livestock must be adequately compensated.

2. Instead of compensation for damage, contributions can also be made towards preventive measures if these prove effective and the costs are reasonably proportionate to the potential damage amount.

3. For damage caused by protected wildlife or in protected areas, the canton may grant contributions. In the case of damage by protected wildlife as per Article 10 of the Hunting Ordinance (JSV) of February 29, 1988, and in federal wildlife protection areas or water and migratory bird reserves, the obligation to compensate is governed by Article 13 paragraphs 3 and 4 JSG.

4. The government council shall regulate the details of wildlife damage compensation in an ordinance.

**1. The Canton compensates, subject to paragraph 3, for the verifiably caused damage in hunting areas by huntable wild animals.**

**2. For meadows and pastures particularly susceptible to wildlife damage, where damage has repeatedly been caused by wild boars, a time-limited flat-rate area contribution may be provided in consultation with the farmer or land manager.**

**3. The obligation to compensate does not apply:**

a) if the injured party has neglected reasonable preventive measures, or has not properly maintained existing protective measures;

b) if the injured party has obstructed or made impossible hunting activities on the damaged areas;

c) for damage caused by animals against which self-help measures pursuant to § 23 are permissible;

d) for damage in areas and locations where hunting cannot or may not be conducted;

e) for damage that does not exceed the minimum threshold amount specified by the Government Council in an ordinance;

f) if the crops were harvested before the assessment or if the wildlife damage was remedied before the assessment;

g) if a flat-rate area contribution pursuant to § 25 paragraph 2 has already been provided for the affected meadows or pastures;

h) if the damage was covered by other means;

i) for damage to tree species that do not comply with the recommendations of the forestry site mapping.

1. The hunting association generally contributes 35 percent to the costs incurred by the canton in its hunting grounds due to wild boars, in accordance with § 24 paragraph 2 and § 25 paragraph 1 and 2.

2. The contribution of the hunting associations is limited per calendar year to an amount of up to 100 percent of the minimum lease rent of their hunting grounds.

1. Claims for compensation for resultant wildlife damage must be reported immediately upon discovery to the responsible hunting association or, in wildlife protection areas, to the specialist office responsible for determining the extent of damage.

2. The department specifies the extent of damage up to which hunting associations are allowed to assess the wildlife damage themselves with the afflicted parties. If the wildlife damage exceeds this extent or if the hunting association intends to rectify the damage themselves, an expert determined by the specialist office must be consulted.

3. If no agreement is reached with the afflicted party regarding the legitimacy or amount of the compensation claim, the department shall determine, by order, the wildlife damage compensation and any share to be contributed by the hunting association.

1. The Department shall establish the measures through which the public will be informed about the lifestyle of wildlife, their needs, and their protection. It shall commission scientific studies and research work for this purpose, particularly in wildlife biology, ornithology, and ecology.

1. The department issues the necessary directives for the training and further education of game supervision authorities, individuals entitled to hunt, and trainees. It may conduct relevant courses or entrust competent organizations with conducting them and may contribute to their funding.

1. Services necessary for execution can be partially or entirely transferred to third parties by the department through a service contract.

1. Hunting associations may be compensated if large predators are regularly detected in their hunting grounds.

2. The compensation amount is limited per calendar year to a maximum of 10 percent of the total lease rent in the canton and per hunting ground to a maximum of 25 percent of the minimum lease rent for the respective hunting ground.

1. The responsible party shall contribute a flat rate amount, as per the Fee Schedule (FS) of 8 March 2016, to the costs incurred by the Department for the recovery and disposal of wildlife casualties, as well as for the completion of the accident report in the event of wildlife accidents on roadways.

2. Hunting associations have the same compensation claims against the responsible party for the recovery and disposal of wildlife casualties, as well as for the completion of the accident report in the event of wildlife accidents on roadways, as the Department does pursuant to paragraph 1.

3. In the event of disputes between hunting associations and the responsible party, the Department shall determine the compensation.

1. Violations of the provisions of § 5 paragraph 5, § 10, § 13, § 17 paragraph 1, § 19, § 20, and § 23 of this law or of implementing provisions issued based on it shall be punishable by a fine of up to 20,000 francs. In cases of negligent conduct, a fine of up to 10,000 francs shall be imposed.

2. Attempt and complicity are punishable.

3. Articles 17 and 18 of the Youth Protection Act (JSG) as well as the provisions concerning the administrative withdrawal of hunting licenses are reserved.

4. The Government Council may, by regulation, authorize the department to impose fines for minor infringements of the cantonal hunting law, provided that the person or persons at fault agree to it. The Government Council shall designate the offenses and establish the tariff.

1. The department may revoke or deny hunting authorization for a period of at least one year and at most ten years in the following cases

a) Disregard of hunting operational regulations and principles;

b) Disregard of orders issued by the department;

c) Obtaining a hunting authorization through false statements;

d) Breach of duties in the exercise of hunting supervision.

2. The administrative revocation of hunting authorization does not, under any circumstances, establish a liability for damages on the part of the canton.

1. Judgments of the criminal authorities and orders of dismissal relating to federal and cantonal hunting legislation must be reported to the competent department.

1. Hunting supervisory authorities are obligated to pursue violations of cantonal and federal hunting legislation, detain suspects, and, if necessary, file criminal charges.

2. The search of vehicles, premises, and facilities, as well as the seizure of items related to hunting offenses and violations, are governed by the provisions of the Federal Code of Criminal Procedure (CrimPC) of 5 October 2007. These measures are reserved for the prosecuting authorities pursuant to § 3 letters a and c of the Introduction Act to the Federal Code of Criminal Procedure (IA CrimPC) of 10 March 2010.

1. Hunting associations may demand compensation from the responsible person for unlawfully hunted or killed game animals in their hunting territory.

2. The department may demand compensation from the responsible person for unlawfully hunted or killed game in protected areas and non-leased areas, as well as for unlawfully hunted or killed protected wildlife.

3. For unlawfully killed game or protected wildlife that has been marked with a collar for scientific purposes, the department may demand a surcharge for the trapping and marking effort.

4. The civil claim for compensation according to paragraphs 1 to 3 must be asserted in legal proceedings.

5. The government council determines the amount of compensation per species of wildlife and the surcharge for the trapping and marking effort.

1. The Executive Council shall issue the necessary implementing provisions by ordinance.

2. The Department shall issue the necessary directives.

1. Unless this law provides otherwise, orders are issued by the department. The federal approval regulations in JSG and JSV remain reserved.

2. Decisions of the department can be appealed to the Cantonal Administrative Court within ten days.

1. The Government Council appoints a cantonal hunting commission, which advises it and the department on technical matters related to the implementation of this law.

2. The Government Council regulates the composition and tasks of this commission in an ordinance.

1. Existing lease associations must constitute themselves as hunting clubs in accordance with § 4 no later than one year after the effective date of this law.

2. If a lease association fails to comply with the obligation under paragraph 1 within the specified period, the lease agreement will be prematurely terminated in analogy to § 8 paragraphs 2 and 3.

3. Until the association is formally established, the lease associations shall have the same rights and obligations as hunting clubs.

4. In justified cases, the department may approve an exception to the minimum number of members required for each calendar year, but no longer than the current lease period ending on December 31, 2020.

1. The provisions of this law and its implementing regulations take precedence over the provisions of the current lease agreements. The lease agreements are to be adjusted by the department ex officio as of January 1, 2018.