According to the Dauphine Libere Patrick Quincy, the state prosecutor based in Albertville has ordered the PGHM (Mountain Police Units) in the department to systematically pursue any off piste skier for “reckless endangerment to others” if they are caught while off piste skiing has been banned.

Sounds like a bit of stuff for the press to me. Bans are extremely rare in France although some resorts have bye-laws restricting off piste sking once the avalanche risk reaches a certain level (usually 3). I have seen this in la Mongie and Montgenvre has also passed such a law although I don’t know if either is still in operation.

Could this be the start of a clamp down in the Savoie?

-- http://www.ledauphine.com/index.jspz?chaine=85&article=243051

Thew Swiss are also getting tough. avalanche triggerers in Zermatt and Anzere (VS) were reported to police:
http://genevalunch.com/blog/2010/01/04/valais-avalanches-update-zermatt-skiers-set-off-own/

The annual media witch hunt for “freeriders” has just errupted in the press following these avalanches, and it’s not helping that a serious double avalanche hit some ski tourers and then their rescuers in the Bernese alps yesterday:
http://genevalunch.com/blog/2010/01/04/valais-avalanches-update-zermatt-skiers-set-off-own/

The problem is that the average news reader does not distinguish between events hitting ski tourers “far away” from resorts, and those triggered by some kids just off the piste. It’ll be interesting to see the developments.

Sorry, the second link meant to be:
http://www.swissinfo.ch/eng/swiss_news/index/Double_avalanche_claims_several_lives.html?cid=8007126

La Julie has some comment on the legals in Switzerland:-

http://www.tdg.ch/actu/sports/piste-legal-condamnable-cas-avalanche-2010-01-04

Swiss legislation is sufficient to punish a skier triggered avalanche outside the marked runs. But “We can not stop a ‘freerider’ from skiing outside secured ski pistes” according to the ATS counsel Valais Pierre-Andre Veuthey, who is familiar with the problem. But the crime of obstructing public traffic may be applicable when a skier crosses a net or a rope that indicates a danger zone.

Switzerland does not have legislation that allows a person to be fined or cautioned when they leave a marked trail. The off-piste is a public area too. Nothing prevents anyone from moving on the public domain.

The triggering of an avalanche can result in a sentence, even when there are no victims from the slide. Having created a danger may be sufficient and courts are now more sensitive than in the past, says Veuthey.

No police

If there is a risk it would require a police presence on the ski slopes to report offenders and this is not being enisaged even by ski lift operators, said Eric Balet, director Téléverbier.

The lifts are responsible for securing marked trails whether groomed or not. “We can not forbid people to go off piste,” explains Mr. Balet. Leaving the ski runs implies leaving the ski area. The lifts can only warn and put ropes or nets.

Neighbors more severe

Crossing such a rope can be merit a fine, but only in Italy or France. Police officers patrol the trails and verbalize dangerous behavior. Speeding and off piste skiing risk fines, according to Nicolas Perretta, president domain Courmayeur - Mont Blanc (I).

The skiing off-piste is subject to municipal bye-laws. The municipal authorities may forbid if there is an avalanche danger. And the police presence on the ski runs has a deterrent effect on users.

The police presence has become common in many ski areas. But the police only patrol in ski areas where they have been invited, says Perretta. Overall collaboration with the police is positive.

-- note bye-laws restricting off piste skiing are very rare in France. In les Arcs, Courchevel and Vallorcine there are restrictions on entering nature reserves and other mayors may restrict off piste skiing when the avalanche risk is Considerable or higher.

Swissinfo has some more on that :

Heinz Walter Mathys, a lawyer and president of the Swiss commission for the prevention of snow sports accidents, said anyone found to have caused an avalanche through irresponsible skiing could, and should, face some form of civil or criminal proceedings.

“People need to know that under Swiss law anyone leaving the marked runs who causes an avalanche like this can be charged under article 237 of the Penal Code for interference with public circulation,” he told swissinfo.ch.

http://www.swissinfo.ch//eng/index/Off-pisters_face_fines_for_causing_avalanches.html?cid=8012298

It is interesting how both jurisdictions are looking for laws to proscecute off-pisters. The Swiss idea looks like jumping through hoops, although it seems very Swiss to prosecute people for interfering with circulation, they do like their trains running on time and obviously them ski slopes are the same.

I hope Europe does not turn into the USA ...