Act on Hunting and the Protection of Wild Mammals and Birds (Jagdgesetz) - Purpose

1. This law regulates the hunting and protection of wild mammals and birds and their habitats. It specifically aims to promote a healthy wildlife population and preserve the diversity of native fauna.

1. The canton holds the hunting rights and the right of disposition over wild mammals and birds within the framework of federal law.

2. The canton regulates and plans hunting. It ensures the appropriate use of wildlife populations, taking into account the interests of the forest, nature and animal protection, as well as agriculture.

3. The canton ensures effective hunting supervision.

1. The Executive Council serves as the supervisory authority over all matters related to hunting, as well as wildlife and bird protection. It decides on appeals against decisions made by the competent department, the Hunting Examination Commission, and the Wildlife Damage Commission.

2. It determines which species of wildlife and birds may be hunted and issues the annual hunting regulations based on hunting planning.

3. It oversees the designation of cantonal hunting prohibition areas and bird reserves.

1. The Department of Construction and Economic Affairs enforces the law and the regulations based on it, insofar as no other jurisdiction exists.

2. It exercises direct supervision over the hunting administration and decides on appeals against its orders.

1. The Government Council appoints a Hunting Commission and determines its chairperson. The head of the hunting administration shall ex officio have a seat. The appointment of the other members shall consider the affected interest groups appropriately, particularly those related to hunting, wildlife, forestry, agriculture, and nature conservation.

2. The Hunting Commission advises official bodies on matters related to hunting. It specifically develops the annual hunting regulations for the attention of the Government Council and comments on planned changes to laws and ordinances. In doing so, it also relies on ecological and wildlife biological insights.

1. The government council appoints a hunting examination commission and designates its chairperson.

2. The hunting examination commission conducts the hunting examination to obtain the cantonal certificate of competence.

3. In the appeal procedure against examination decisions, only legal errors may be contested. Complaints regarding unreasonableness are inadmissible.

1. The government council appoints a wildlife damage commission consisting of three members and determines its chairperson. In the selection of members, the interests of forest protection, agriculture, and hunting must be taken into account.

2. The commission decides on the compensation for wildlife damage. For disputes up to a value of CHF 1000, the commission's decision is final.

1. The Hunting Administration processes all hunting-related matters in an administrative sense and coordinates the activities of the various enforcement agencies. Together with the gamekeepers under its supervision and the part-time hunting supervisors, it ensures effective hunting oversight.

2. It guarantees the provision of information to the hunting enforcement agencies and the public. For this purpose, it prepares an annual report on hunting-related matters.

3. It supports the preservation and promotion of natural habitats in collaboration with interested organizations and government agencies.

1. The game wardens monitor the wildlife and its habitats and possess hunting police authority. They do not have hunting rights in the canton.

2. Eligible for selection are those who have obtained the certificate of competence for hunters from Appenzell Ausserrhoden or another canton.

1. The competent department appoints part-time game wardens as needed, who support the wildlife wardens and carry out tasks assigned by the hunting administration.

1. The government council recognizes hunting organizations by approving their statutes.

2. Statutes are approved if they

a) define the area in which the organization operates,

b) specify the type of hunting to which the organization intends to commit,

c) conform with federal and cantonal hunting law, and

d) ensure the fulfillment of public tasks in accordance with Art. 12.

3. Only one hunting organization is recognized per hunting area and type of hunting.

1. The recognized hunting organizations, in collaboration with the hunting administration and gamekeepers, ensure wildlife management.

2. They are dedicated to the training and further education of hunters.

3. They conduct mandatory shooting exercises annually and organize bloodhound activities.

1. Membership in a recognized hunting organization may only be made conditional upon the applicant fulfilling the requirements for obtaining a hunting license and complying with statutory obligations.

1. Any person engaging in hunting must possess a hunting license issued by the hunting authority.

2. The following types of licenses are issued

a) High game hunting licenses;

b) Low game hunting licenses;

c) Permits for guest hunters;

d) Special permits.

3. High and low game hunting licenses are valid for a one-year hunting period and are non-transferable.

4. The hunting license entitles the holder to hunt within the spatial and temporal limits determined by the government council.

**1. Hunting Licenses**

Hunting licenses are granted to individuals who meet the following requirements

a) Legal capacity;

b) Swiss citizenship or permanent residence permit;

c) Residence in Switzerland;

d) Recognized certificate of proficiency;

e) Active membership in a recognized hunting organization of Appenzell Ausserrhoden;

f) Liability insurance for hunting with coverage as required by federal law;

g) Assurance of proper conduct in accordance with hunting ethics.

2. The requirements listed under b, c, and e do not apply to hunting guests.

3. The admission of individuals residing outside of the canton may be restricted or subject to special conditions concerning the location and timing of hunting activities and the types of game that may be hunted, in accordance with the hunting plan.

1. The hunting administration shall deny or revoke licenses if an individual's hunting rights have been revoked by a court or if, within the five years preceding the start of the hunting season, the individual

a) has served a prison sentence exceeding thirty days;

b) has been convicted of intentional breaches of hunting regulations;

c) has been penalized for intentional animal cruelty.

2. Licenses may also be denied or revoked if, within the five years preceding the start of the hunting season, an individual has been convicted of negligent violations of hunting regulations or negligent animal cruelty. In lieu of denial or revocation, a warning may be issued.

3. If proceedings are pending against an individual that could lead to the denial of the license, the license may be denied or revoked until the proceedings are legally concluded.

1. The Government Council establishes annually the fees for the issuance of hunting licenses. In doing so, it considers the respective shooting authorization and the state expenditures for game management.

2. The fee range for the issuance of hunting licenses to persons residing in the canton is as follows

a) CHF 200 to 800 for high game hunting licenses;

b) CHF 300 to 2000 for low game hunting licenses;

c) CHF 30 to 300 for guest permits;

d) CHF 150 to 500 for special permits.

3. Persons residing outside the canton must pay a surcharge of 50% to 250% for the respective hunting license. No surcharge is applied to guest permits.

1. The proceeds from patent fees shall primarily be used as follows

a) for the implementation of gamekeeping;

b) for the promotion of ethical hunting;

c) for protection measures to maintain and promote the habitat of wild animals;

d) for necessary surveys and investigations on game populations suitable for hunting.

1. Harmful or disruptive impacts on wildlife and their habitat are prohibited.

2. The competent department may grant exceptions if a significant public interest is demonstrated that outweighs the need for undisturbed wildlife.

3. In the planning and execution of buildings and installations outside construction zones, consideration must be given to the protection of wildlife and their habitats.

4. To protect wildlife and birds, wildlife tranquility zones may be designated.

1. The canton and the municipalities ensure the preservation of the habitats of wild animals and support measures for their improvement and networking.

2. Wildlife populations are to be regulated through hunting measures to protect their own habitats, the forest, and agricultural cultures.

3. Hunting organizations may be called upon for the management of habitats.

1. The canton may take measures in favor of endangered animal species.

1. The canton takes and supports measures to prevent wildlife damage. It issues regulations on permissible self-help measures for the protection of private property.

2. Wildlife damage is compensated by the canton in accordance with federal law. In the case of damage caused by animals of protected species, the canton covers the residual costs not borne by the federal government.

1. Anyone who intentionally contravenes this law, the regulations issued based on it, or orders, shall be punished with a fine of up to CHF 20,000, unless other penal provisions apply.

2. ...

1. The Executive Council shall issue supplementary implementing provisions. It shall specifically regulate hunting operations and wildlife management, as well as the procedure for obtaining the cantonal certificate of competence for hunters.

2. It may enter into agreements with other cantons, particularly regarding cooperation in matters of hunting police, the conduct of qualification examinations for hunters, and the mutual recognition of certificates of competence.

1. The patent fee surcharge for individuals residing outside the canton is waived if the applicant has acquired an out-of-rhodian high or low hunting patent at least once prior to the enactment of this law.

1. This law is subject to an optional referendum. The Executive Council shall determine the date of its entry into force.

2. Upon its entry into force, the following are repealed

a) The Law of April 29, 1990, on Hunting, Wildlife, and Bird Protection;

b) The Ordinance of February 18, 1991, on the Law of April 29, 1990, on Hunting, Wildlife, and Bird Protection (Hunting Ordinance).