Standard of proof too high for killing the alpha wolf of a pack

The Hunting Ordinance provides, that parent animals may only be killed by way of exception. That is the case inter alia when the requesting canton can prove to the federal authority, that the wolf concerned played a decisive role in the inflicted damages. Hitherto, the Federal Office for the Environment has considered, that only genetic DNA samples from killed farm animals are acceptable as evidence for authorising the elimination of a wolf. The Federal Administrative Court deems this approach too narrow. Apart from the genetic DNA evidence, the cantons may submit further objective evidence. Such evidence must be geared to showing the destructive behaviour of the specific parent animal.

For the first time the Federal Administrative Court has decided on a basic question of the law of evidence – a question that might arise again in the regulation of wolf populations in the future. In practice, the case concerns the elimination of wolf “M92”, the male parent of the Beverin wolfpack. Since the leader of the wolfpack was killed on the night from 8 to 9 November 2022, there is no need for the Court to retrospectively settle any further legal issues in this case.

The wolf is a protected species in Switzerland and the management of the wolf population is strictly regulated. Wolfpacks are essentially regulated through the culling of younger animals. The Hunting Ordinance stipulates that parent animals which seem to be particularly destructive may only be eliminated between the months of November and January.

This judgment may be appealed to the Federal Supreme Court.