Ordinance on the Act on Hunting and the Protection of Wild Mammals and Birds (Jagdverordnung) - Patent Jurisdiction

**1. The issuance of hunting licenses is the responsibility of the hunting administration. It verifies whether the applicant meets the legal requirements for the issuance of the requested license and whether there are any grounds for revocation or refusal.**

1. The High Hunting License authorizes the hunting of chamois, red deer, predatory game, as well as other game and bird species in accordance with the annual hunting regulations. It is only issued to applicants who have engaged in hunting in Switzerland for at least four years.

2. Insofar as the operation of high hunting is entrusted to a recognized hunting organization in the annual hunting regulations, the license holder is bound by the organization's guidelines when exercising hunting. The guidelines must be submitted annually to the Government Council for approval.

1. The Lower Hunting License entitles the holder to hunt deer and predatory game as well as other game and bird species in accordance with the annual hunting regulations. The authorization to hunt deer is restricted to the hunting district specified in the license.

2. The Hunting Administration has the final decision, based on the hunting plan, regarding which hunting district the deer hunt is to be exercised. As far as possible, it takes into account the preferences of the applicant.

1. The authorization for hunting guests entitles them during its validity to hunt small game within the scope of the host's license and at the expense of the host's shooting quota.

2. The hunting guest may only engage in hunting activities when accompanied by the host.

1. The special permit entitles the holder to engage in extraordinary hunting in accordance with the conditions explicitly stated within it. It may only be granted if and to the extent that the statutory objectives cannot be achieved through regular big game and small game hunting.

**1. Applications for High and Low Game Hunting Licenses must be submitted in writing to the Hunting Administration by April 10th, accompanied by a deposit of CHF 100.**

2. The application must include the personal details of the applicant and specify the desired license or hunting district. It must be personally signed by the applicant.

3. First-time applications must include

a) Certificate of legal capacity;

b) Proof of Swiss citizenship or residency permit;

c) Certificate of residence;

d) Proof of passing the proficiency examination;

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

f) Extract from the Swiss Federal Criminal Record.

1. Applications for permits for hunting guests must be submitted to the hunting administration at least four days before the desired hunting date.

2. The application must include

a) Personal details of the guest and the host;

b) Desired duration of the permit;

c) Declaration by the guest stating that they are legally competent, have no relevant criminal record, are sufficiently insured against hunting liability, and have adequate knowledge of the legal provisions regarding hunting operations.

3. For first-time applications, proof of having passed the proficiency examination must be enclosed.

1. The hunting administration shall review the application for obtaining a license within a reasonable period. It may request additional documents and information from the applicant and may attach conditions and stipulations to its decision.

2. The license shall be granted if the applicant meets the requirements under Art. 15 of the Hunting Act and has provided proof of marksmanship accuracy as per Art. 8a.

1. The annual mandatory shooting exercise (marksmanship verification) is completed by successfully passing a shooting program in accordance with the standard of the Swiss Conference of Hunting and Fishing Administrators (JFK).

2. The marksmanship verification must be completed in the current calendar year for both bullet and shotgun shooting.

3. Marksmanship verifications from other cantons are recognized if they meet the JFK standard and have been completed in the current calendar year.

1. The hunting administration initiates a revocation procedure as soon as it becomes aware of possible grounds for revocation.

2. It clarifies the facts ex officio and takes the necessary precautionary measures; if necessary, it orders the provisional revocation of the license.

1. Fees for high and low hunting licenses may be refunded in whole or in part, excluding the deposit paid, if the authorized hunter can prove that they were unable to hunt for the entire hunting period due to accident or illness. This provision shall also apply mutatis mutandis to fees for special permits.

2. Fees for permits for hunting guests will not be refunded.

1. The hunting year begins on April 1st and ends on March 31st.

2. Subject to federal law, the following timeframes apply for the exercise of regular hunting

a) * Big game hunting: August 15th to December 31st

b) * Small game hunting: August 15th to January 31st

c) Stalking hunting: November 1st to February 28th

3. Hunting is prohibited on Sundays and public holidays.

4. The government council annually determines the exact hunting seasons and specifies the closed days.

5. The tracking, delivering of the coup de grâce, and handling of deceased game are permitted outside of these times upon notification of a gamekeeper or the hunting administration; if immediate action is required, subsequent notification suffices.

1. Hunting districts for roe deer are established as follows

a) Vorderland, comprising the municipalities of Rehetobel, Wald, Grub, Heiden, Wolfhalden, Lutzenberg, Walzenhausen, Reute;

b) Mittelland, comprising the municipalities of Teufen, Bühler, Gais, Speicher, Trogen;

c) Hinterland, comprising the municipalities of Urnäsch, Herisau, Schwellbrunn, Hundwil, Stein, Schönengrund, Waldstatt.

2. The annual hunting regulations may provide for special sub-divisions of areas that take precedence over the hunting districts.

1. The government council designates the hunting areas annually.

2. Hunting is prohibited in

a) cemeteries;

b) buildings and their immediate surroundings without the permission of the owner;

c) nurseries, park and garden areas without the permission of the owner;

d) cereal fields, orchards, vineyards, and vegetable plantations before the harvest is completed;

e) restricted districts and protected areas without special permission.

3. Special provisions regarding drive hunting are reserved.

4. Tracking, delivering the coup de grâce, and handling deceased game are permitted after notifying a gamekeeper or the head of the hunting administration, notwithstanding these restrictions; if immediate action is required, subsequent notification suffices.

1. The huntability and protection of wild mammals and birds are governed by federal law[4].

2. Unless the annual hunting regulations provide otherwise, the following are additionally protected

a) the European hare;

b) the mountain hare;

c) the marmot;

d) the pine marten;

e) the ducks;

f) the black grouse;

g) the partridge;

h) the ptarmigan;

i) the woodcock.

3. Leading female animals are also protected.

1. The annual hunting regulations establish the shooting plan; it takes into account wildlife biological and silvicultural criteria.

2. Natural regeneration with site-appropriate tree species must be ensured. The population of hoofed game is to be regulated in such a way that it neither causes shifts in the natural tree species composition nor leads to the complete loss of individual tree species.

1. The Office for Space and Forest annually determines the current browsing pressure based on random samples.

2. The hunting administration ensures the procurement of wildlife biological foundations. These include, in particular, surveys on population, hunting yield, wildlife casualties, health condition, condition, age, sex, and spatial distribution.

3. The population is surveyed according to animal species either through a complete count or through sampling on count lines. Hunting organizations may be consulted for population surveys.

1. The Department of Construction and Economic Affairs may order a follow-up hunt by the license holders if the cull quotas are not met.

2. If necessary, the hunting administration may order animals to be taken down by the gamekeepers and hunting supervisors.

1. The hunting administration may order gamekeepers or hunting supervisors to shoot animals causing damage.

1. Hunting is conducted according to the principles of gamekeeping. These include, in particular

a) the conscientious assessment of the huntability of the game;

b) the restraint from shooting at unsuitable distances and angles;

c) timely and professional follow-up tracking of wounded game;

d) the swift killing of wounded game through a coup de grâce;

e) sparing the animal from unnecessary fear and pain;

f) observing game meat hygiene.

2. Hunting must be carried out in such a way that no persons are endangered and no damage is caused to others' property.

3. The hunter is personally responsible for her or his shot in every case.

1. ...

2. The following firearms may be used for hunting: single or multi-barrel rifles, bolt-action rifles, combination guns with one or two rifle barrels and one or two shotgun barrels, single or multi-barrel shotguns, and double-barreled automatic shotguns.

3. Only one hunting firearm may be carried and used. Additionally, for coup de grâce purposes, an appropriate handgun may be carried.

1. Permissible are hunting rifle cartridges with a diameter of at least 6.5 mm and with an impact energy of at least 2,000 J at a distance of 100 meters.

2. Full metal jacket bullets are only permissible for the coup de grâce.

3. The use of shotgun cartridges and rifled slugs follows the hunting principles applicable to the respective game species.

4. Shot sizes over 4.5 mm are not permissible.

5. The use and carrying of lead-containing hunting rifle cartridges is prohibited. An exception is made for ammunition for the coup de grâce.

1. The maximum allowable shooting distances are 200 meters for rifle shots and 35 meters for shots with pellets or slug shells.

2. At the maximum shooting distance, an estimation error of up to 10 percent is tolerated.

1. Only hunting dogs and crossbreeds within these breeds may be used for hunting.

2. The dogs used for hunting and tracking must be trained and tested according to the minimum standards of the Technical Commission for Hunting Dogs (TKJ) of the Working Group for Hunting Dogs (AGJ). Exceptions are decided by the hunting administration.

3. The hunting administration may prohibit the use of certain unsuitable hunting and tracking dogs. In case of doubt, it will order a suitability test.

4. The hunting administration, in cooperation with hunting organizations, shall issue regulations on the use of hunting and tracking dogs.

1. The discharge of firearms from motor vehicles is prohibited.

2. The use of box traps is permitted from the start of the small game hunting season until the end of driven hunts. Set traps must be inspected daily.

1. The excavation of wildlife is prohibited. Injured wildlife and dogs that have remained in their burrows may be excavated, provided that a wildlife officer or the hunting administration is notified. The wildlife officer shall inspect the proper restoration of the burrow.

1. The assistance of third parties without a hunting license is not permitted. Exceptions to this include the transport of backpacks, provisions, clothing, and legally hunted game, the handling of dogs during search and retrieval, as well as participation in driven hunts during small game hunts.

2. Persons undergoing hunting education are allowed to accompany others on hunts and participate in driven hunts. They are not permitted to make any kills themselves.

1. The game that a huntress or hunter has legally killed is their property.

2. Game found dead or illegally killed belongs to the state. The game warden authorities shall determine the cause of death whenever possible.

3. Game that is run over, mowed over, or found dead must be reported to the game warden authorities without delay.

1. The Department of Construction and Economics issues a list regarding the compensation owed to the state for the illegal killing of wildlife.

2. The rates also apply to the killing of wildlife by marauding dogs.

1. Individuals Authorized and Obligated to Exercise Hunting Police Powers

a) the Hunting Administration;

b) Gamekeepers;

c) Part-time Hunting Inspectors;

d) the Cantonal Police.

2. The hunting police authorities have the police powers in accordance with the Code of Criminal Procedure. The Department of Construction and Economic Affairs issues the job descriptions.

3. They are authorized to use the generally prohibited means.

1. The hunting police authorities provisionally secure, regardless of the culpability of a specific person

a) illegally captured, detained, hunted, offered for sale, acquired, sold, or transported animals;

b) prohibited weapons and trapping devices;

c) weapons and trapping devices used for a hunting offense.

2. They ensure the humane treatment of secured animals.

1. The holders of hunting rights are obligated to carry their permits with them and present them to hunting police authorities upon request.

2. Any kills for which the huntress or hunter was not authorized must be reported immediately to a gamekeeper or the hunting administration.

3. Unsuccessful tracking must be reported immediately, but no later than on the same day.

4. Furthermore, the provisions in the annual hunting regulations must be observed.

1. The following are considered cantonal hunting ban areas and bird reserves

a) the Gübsen Park in Herisau;

b) the Saumweiher in Herisau;

c) the Carl Zürcher Forest in Teufen.

1. Game Management Essentially Includes

a) Management culling to maintain the health of the game population;

b) Control of vermin and predatory wildlife;

c) Protection of game from unnatural loss;

d) Supplemental feeding of game during times of need;

e) Rescue of fawns from death by mowing;

f) Provision of food and cover in consultation with landowners;

g) Measures to improve habitats (biotope management).

2. It is generally to be personally carried out by the members of hunting organizations.

1. Straying Dogs and Cats May Be Shot Without Compensation by Wildlife Law Enforcement Officers.

1. The raising and keeping of wild animals requires a permit from the Cantonal Veterinarian.

1. The preparation of protected animals or parts thereof must be reported to the hunting administration.

1. The hunting police authorities, together with the forestry authorities, ensure compliance with the regulations issued for the protection of wildlife habitats.

2. Disturbing events require a permit according to Art. 8 of the cantonal Forest Ordinance.

3. Grazing fences for livestock must not excessively obstruct wildlife crossings. Flexible mesh fences must be removed within eight days after the grazing of the meadow area.

1. The Department of Construction and Economic Affairs submits proposals to the Government Council for the designation of wildlife protection areas in consultation with the affected offices.

2. It coordinates measures for the protection, networking, and improvement of the habitats of wild animals.

1. In the maintenance and use of the forest, in addition to adhering to the principles of Art. 16 of the cantonal Forest Law, attention must also be paid to a wildlife-appropriate forest management that provides sufficient feeding and cover opportunities for wild animals.

1. The Forestry Service, in collaboration with hunting authorities, takes appropriate measures to prevent wildlife damage.

2. The Office for Spatial Planning and Forestry decides on applications for support of measures by third parties.

1. Applications for compensation for wildlife damage are to be submitted to the Wildlife Damage Commission at the Office for Space and Forests.

1. Outside of the closed seasons, badgers, foxes, martens, sparrows, crows, and magpies may be culled if they damage or directly threaten private property.

2. The owner, tenant, or lessee of the property is entitled to exercise self-help. They may exercise it themselves, provided they have the necessary knowledge and skills, or they may enlist the assistance of an individual with hunting rights or the hunting police authorities.

3. The individual with hunting rights who is enlisted for self-help must report this in advance to a game warden or the hunting administration.

1. Self-help may only be exercised within the affected property.

2. It is prohibited in forests and on pastures.

3. A maximum distance of 35 meters must be maintained for shootings.

1. To hunt badgers, foxes, and martens, only shotguns may be used. For the hunting of sparrows, crows, and magpies, Flobert firearms may also be utilized.

2. The use of cage traps is permissible. They must be checked daily.

3. The use of aids prohibited for hunting is forbidden.

4. Baiting of cage traps is permitted as a form of self-help against martens. Other forms of baiting are prohibited.

1. The dispatch of fur-bearing game must be reported immediately to the gamekeeper or the hunting administration.

1. The Department of Construction and Economic Affairs issues certificates of competency for hunters. The issuance of the certificate of competency requires passing an exam successfully.

2. The Department of Construction and Economic Affairs may fully or partially recognize certificates of competency obtained outside the canton or in neighboring foreign countries.

1. The presidency of the Hunting Examination Commission is held by the head of the Hunting Administration.

2. The Hunting Examination Commission must convene in full composition. If necessary, the Department of Construction and Economic Affairs appoints substitute members for individual examinations.

3. Members of the Hunting Examination Commission must recuse themselves in cases of conflict of interest.

1. The hunting administration is responsible for the preparation of the examinations.

2. It is specifically responsible for

a) the decision on admission to the examination;

b) the scheduling of examination dates;

c) the recording of the meetings of the examination committee;

d) the retention of examination data.

1. Individuals applying for the certificate of competence must register in writing with the hunting administration and include an excerpt from the Swiss Central Criminal Register.

2. Those eligible to take the examination are individuals who have reached the age of 17 and have paid the examination fee.

3. Persons who are subject to a ground for refusal according to Art. 16 of the Act will not be admitted.

4. Persons residing in another canton, with which mutual recognition of the certificates of competence has been agreed, will only be admitted to the examination with the consent of the hunting authority of the canton of residence.

5. Persons who have failed an aptitude test both within and outside the canton may only retake the examination after a waiting period of one year.

1. The examination consists of two parts.

2. Those who do not fully pass the first part of the examination will not be admitted to the second part.

1. The first examination part includes the following subjects

a) * Weapons, Ammunition, Optics;

b) Handling of Weapons;

c) Shooting.

2. It consists of a shooting test and a theoretical examination.

3. ...

1. All weapons and types of ammunition permitted under Articles 20 and 21, as well as the usual aids such as telescopic sights and diopters, are allowed during the shooting test.

2. Shotgun cartridges must be purchased at the hunting shooting range according to the instructions of the examination commission.

1. The following program applies to the bullet shot

a) * Target: Standing frame, international deer target, 10-ring scoring;

b) * Distance: 100 meters;

c) * Position: Optional prone position free or sitting, kneeling, standing with support;

d) * Number of shots: 5;

e) * Minimum score: 42.

2. The following program applies to the shotgun shot

a) * Target: Three-part tilting phase system;

b) * Distance: 35 meters;

c) * Position: Standing freely;

d) * Ammunition: 3.5 mm shot diameter;

e) * Number of shots: 10, without practice shots;

f) Minimum hits: At least 7 shots. Two or three opened tilting phase flaps count as a hit.

3. The running hare must be activated independently. If the shot is missed because the rifle was mistakenly secured, the shot may be retaken.

1. The second examination part includes the following subjects

a) Hunting Legislation;

b) * Wildlife Biology;

c) * Wildlife Ecology;

d) * Wildlife Management;

e) * The Craft of Hunting;

f) * Game Meat Utilization;

g) * Hunting Dogs;

h) * Wildlife Diseases.

2. The examination lasts a minimum of two and a maximum of six hours.

1. The performance in the individual subjects is evaluated as follows

very good: 6

good: 5

satisfactory: 4

unsatisfactory: 3

poor: 2

very poor: 1

2. Intermediate grades are permissible.

1. A candidate has passed the examination if they have achieved at least a satisfactory grade in all subjects.

2. If there is an insufficient grade in any part of the examination for a subject, the examination for that subject may be retaken within one year. Shooting can only be repeated once on the day of the examination itself.

1. The following fees shall be charged for the examinations

a) * Examination in all subjects: CHF 350;

b) * Partial examination according to Art. 45 para. 2: CHF 250;

c) * Retake examination: CHF 200.

2. The examination fee will be refunded if the registration is withdrawn before the shooting examination.

1. Appeals against decisions made by the Hunting Administration regarding examination admission may be brought before the Department of Construction and Economic Affairs.

2. Appeals against decisions made by the Hunting Examination Commission may be brought before the Government Council. Only legal errors may be contested; challenges based on unreasonableness are excluded.

1. Lead-Containing Hunting Bullet Ammunition Permitted Until March 31, 2025 (End of Hunting Year 2024/2025)

1. This regulation shall enter into force subject to the approval by the federal government together with the Act.

2. Upon its entry into force, the ordinance of March 1, 1994, regarding the certificate of competence for the practice of hunting, shall be repealed.