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Art. 13 Principle
Wherever possible, the protection of indigenous flora and fauna shall be achieved by adapting agricultural and forestry practices in their habitats (biotopes). This task requires cooperation between the specialist bodies for agricultural and forestry, for nature protection and cultural heritage protection, and for spatial planning.
Art. 13 — Amended by No I 2 of the O of 28 Jan. 2015 on Amendments to the O on the Environment, in particular in relation to the programme agreements for the programme period 2016–2019, in force since 1 March 2015 (AS 2015 427).
Art. 14 Biotope protection
1 Biotope protection, combined in particular with ecological compensation measures (Art. 15) and the species protection provisions (Art. 20), is intended to ensure the survival of indigenous wild flora and fauna. 2 Biotopes shall be protected in particular by: a. measures designed to preserve or, if necessary, restore their individual character and biological diversity; b. upkeep, management and supervision to ensure that the protection objective is secured in the long term; c. structural measures that make it possible for the protection objective to be achieved, existing damage to be remedied, and future damage to be avoided; d. the establishment of buffer zones to provide adequate ecological protection; e. the preparation of basic scientific material. 3 Biotopes shall be designated as deserving protection on the basis of: a. biotopes types characterised in particular by indicator species, as specified in Annex 1; b. plant and animal species protected under Article 20; c. fish and cru
Art. 14 — Amended by No I of the O of 19 June 2000, in force since 1 Aug. 2000 (AS 2000 1869).
Art. 15 Ecological compensation
1 The purpose of ecological compensation (Art. 18b para. 2 NCHA) is primarily to connect isolated biotopes, if necessary by the creation of new biotopes, in order to promote species diversity, to achieve forms of land use that are as near-natural and benign as possible, to integrate nature into residential areas, and to enliven the landscape. 2 With regard to subsidies for special ecological measures in agriculture, the term biodiversity subsidy as used in the Direct Payments Ordinance of 23 October 2013 applies.
Para. 2 — SR 910.13 Para. 2 — Inserted by No I of the O of 18 Dec. 1995 (AS 1996 225). Amended by Annex 9 No 3 of the Direct Payments O of 23 Oct. 2013, in force since 1 Jan. 2014 (AS 2013 4145).
Art. 16 Designation of biotopes of national importance
1 The designation of biotopes of national importance, specification of protection objectives and setting of time limits for the specification of protection measures in accordance with Article 18a of the NCHA shall be the subject of separate ordinances (inventories). 2 The inventories are not exhaustive and shall be reviewed and updated at regular intervals.
Art. 17 Protection and upkeep of biotopes of national importance
1 For biotopes of national importance, the cantons shall arrange protection and upkeep measures and the financing thereof after consulting the FOEN. 2 and 3 …
Para. 2 — Repealed by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, with effect from 1 Jan. 2008 (AS 2007 5823).
Art. 18 Compensatory payments for biotopes and ecological compensation
1 The level of the global compensatory payments for the protection and upkeep of biotopes and for ecological compensation is determined by: a. the national, regional or local importance of the sites to be protected; b. the extent, quality and complexity of the measures and their planning; c. the importance of the measures for animal and plant species that take priority for the preservation and improvement of biological diversity; d. the level of threat to the sites to be protected; e. the importance of the measures for the networking of biotopes deserving protection and of stocks of species deserving protection; f. the quality with which the services are provided; g. the burden imposed on the Canton by mire landscape and biotopes protection. 2 It shall be negotiated between the FOEN and the canton concerned. 3 Articles 4–4b and 6–11 also apply.
Art. 18 — Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823). Para. 1 let. g — Amended by No I 1 of the O of 2 Feb. 2011 (Development of Environmental Programme Agreements), in force since 1 March 2011 (AS 2011 649).
Art. 19 Relation to ecological services in agriculture
The compensatory payments made under Article 18 shall be reduced by the amount of any subsidies provided for the same ecological service in relation to agricultural land used or farmed in terms of Articles 55-62 of the Direct Payments Ordinance 23 October 2013.
Art. 19 — Amended by Annex 9 No 3 of the Direct Payments O of 23 Oct. 2013, in force since 1 Jan. 2014 (AS 2013 4145). SR 910.13
Art. 20 Species protection
1 Unauthorized picking, digging up, uprooting, removal, offering for sale, sale, purchase or destruction, particularly as a result of technical interventions, of species of wild plants listed in Annex 2 is prohibited. 2 In addition to the species cited in the Federal Act of 20 June 1986 on Hunting and the Protection of Wild Mammals and Birds, the species of wild animals listed in Annex 3 shall be considered to be protected. It is prohibited: a. to kill, injure or capture animals of these species, or to damage, destroy or remove their eggs, larvae, pupae, nests or breeding grounds; b. to carry, dispatch, offer for sale, export, entrust to others, purchase, or take custody of animals of these species, living or dead, including their eggs, larvae, pupae or nests, or to be party to such actions. 3 The competent authority may grant exceptional approvals in addition to those specified in Article 22 paragraph 1 NCHA: a. if this serves to preserve biological diversity; b. for technical interve
Para. 2 — SR 922.0 Para. 4 — Amended by No I of the O of 19 June 2000, in force since 1 Aug. 2000 (AS 2000 1869). Para. 5 — Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).
Art. 21 Resettlement of flora and fauna
The Federal Department of the Environment, Transport, Energy and Communications (DETEC) may by agreement with the cantons concerned authorise the resettlement of species, subspecies and breeds no longer occurring in the wild in Switzerland, provided that: a. an appropriate habitat of adequate size is available; b. appropriate legal safeguards are introduced for protection of the species; c. the preservation of the diversity or genetic characteristics of species will not be adversely affected.
Amended by No II 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 Feb. 2000 (AS 2000 703).