Legal protection of wildlife

The concept of the right of use of wildlife, its types, the base of occurrence

State management and control in the field of protection and use of wildlife

Concept and characteristics of the animal world

Lecture 12.

Subject: Legal regime of use and protection of wildlife.

The Plan:

Keywords: fauna, wildlife use rights, hunting.

The legal concept of wildlife determined by the totality of living organisms of all kinds of wild animals, permanently or temporarily inhabiting the territory of the country and are in a state of natural liberty, as well as related to the natural resources of the continental shelf and exclusive economic zone. Thus, legally recognized by wild animals if they:

a) are the components of the environment;

b) are in a state of natural freedom.

Under the protection of the law "On protection, reproduction of the animal world", enacted by 21.10.1993, taken not only animals relating to hunting and fishing, but all the other animals in the conditions of natural freedom. Range of interests covered by the scope of the Act is very broad and diverse. It defines the procedures and conditions of organization and conduct of hunting and hunting, fishing and fisheries. For the first time in law addressed all the important issues of protection, reproduction and use of not only the wildlife (aquatic and terrestrial fauna), but their habitat.

Legislation on wildlife does not provide private ownership of wildlife. The fauna within Kazakhstan is public property. One of the characteristics of the animal world is the migration of its facilities across the border subjects RK and state borders.

Basic organizational and legal instruments regulation protection and use of wildlife, in accordance with the Law "On protection, reproduction and use of fauna", is a public record, state cadaster, state monitoring of wildlife, regulation of the use and conservation of wildlife and its habitat, the state program for the protection of objects animal world and their habitat, environmental assessment, state control in this area.

The basic requirements for protection and use of wildlife are aimed at:

- The preservation of species diversity of wildlife;

- Protection of the environment, conditions of reproduction and migration routes;

- Maintaining the integrity of natural communities of animals;

- Scientific, rational use and reproduction of wildlife;

- Regulation of the number of animals in order to prevent harm to the environment and the national economy.

Economic activity associated with the use of animals should be done in such a way that allowed for use of wildlife is not worsened own environment and does not harm the Agriculture, Water and Forestry.

In the implementation of the agricultural production process is not allowed to use technology and the mechanisms causing massive loss of wildlife or changing their habitats. In the production of agricultural work is necessary to use the technology, specially engineered agricultural equipment, work order, excluding the possibility of the death of the animals.

For environmental and economic reasons, society has an interest in regulating the abundance of wildlife. The Act provides that the objects of the animal world, the number of which is subject to regulation, and the order of regulation are determined by the specially authorized state body for protection, control and regulation of use of wildlife and habitat.

Regulation of the number of individual objects of wildlife should be means that eliminates harm to another object of the animal world and to ensure the safety of their environment, taking into account the conclusions of the scientific organizations, solving problems in this area, and in agreement with the specially authorized state bodies engaged in the protection of land, water and forest resources.

The most common species of wildlife use is hunting and fishing. Ability to prevent the depletion of wildlife is largely associated with the regulation of these activities.

Hunting is determined as permitted by law activity, which consists in the pursuit of the purpose of extraction and production (shooting and trapping) wild animals and birds in a state of natural liberty, the person having the right to hunt. Hunting includes commercial extraction of wild animals and birds as well as recreational and sport hunting. Being in the hunting grounds with guns, dogs, birds of prey (eagles), traps and other fishing gear (hunting) or with the production method, equivalent to hunting. The right to hunt with hunting weapons, dogs and birds of prey are all citizens of Kazakhstan, aged 18 years, subject to stamp duty at the prescribed level, members of the society of hunters.

Members of the Society of hunters have the right to recreational and sport hunting in compliance with the established rules:

- In lands where Hunting keeps agencies and institutions of these societies;

- In lands where Hunting keeps other enterprises and institutions, with the permission of the administration;

- As well as other hunting grounds with the permission of the state hunting management bodies.

Certificate for the amateur and sport hunting are:

- Hunting membership card with marks of surrender in hunting tests and minimum payment of state duty;

- Permit issued by the Company in the prescribed manner;

- A license to shoot or capture the appropriate type and quantity of animals, with the term of their shooting (capture) and hunting grounds.

Shooting and catching wild animals and birds at the amateur and sport hunting is done according to established standards. Hunting seasons are set by the Government. The rules contain a list of hunting animals, hunting of which is completely prohibited or restricted by any deadlines. This list is supplemented by local regulations.

Hunting industry - a sector of the economy. It is part of the state hunting fund and hunting grounds. State hunting fund - set of animals and birds in the territory of hunting grounds and employees hunted or reproduction for the purpose of hunting. Hunting grounds cover all land, forest, water area, serving the habitat of wild animals and birds belonging to the hunting fund.

By normative legal acts include "provisions for the protection of fish stocks and the regulation of fishing in waters of the Republic of Kazakhstan", especially Section 8 "Fisheries and the taking of other aquatic animals," which defines the concept of fishery ponds. In accordance with para. 1 position, all waters of our country (the territorial waters, inland seas, rivers, lakes, ponds, reservoirs and their adventitious water) that are used or can be used to trade production of fish and other aquatic animals or have a value for the reproduction of commercial fish stocks, fishery water bodies are considered.

The position determines the order fixing fishery waters. According to para. 4, the decision to consolidate their separate bodies of water or areas of natural resources and for the granting of rights to commercial fishing and production of other aquatic animals take those executive agencies that have such jurisdiction under the laws of RK. But their decisions on proposals by the Authority of Fisheries, and in bodies of water - the Ural-Caspian and Balkhash -Iliyski pools Alakul group of lakes Garda Bukhtarma and maternal reservoirs - only if a positive written conclusion of the Ministry of Ecology and Biological Resources of RK. Only after these decisions between nature and authority of Fisheries is a contract for the use of reservoirs, production of fish and other aquatic animals. However, pools can be allocated for the implementation of the catch of fish and other aquatic animals, and for the creation of lake commodity (fish culture) facilities for the organization of recreational and sport fishing. Lake commodity economy - very peculiar business entities law subject to the standards and requirements of the Civil Code of RK.

Requires more important condition: the extraction of fish and other aquatic animals in the major fishing reservoirs outside the coastal fishing grounds produced by the permit (license) issued by the authorities of Fisheries on each vessel, gear, and each team member (p. 5). The only exception is research institutions that can produce, in consultation with the bodies of fish protection, harvesting fish and other aquatic animals for research purposes in all fisheries waters at any time and any fishing gear (p. 7).

According to para. 8 of the permitted fishing, production of other aquatic animals for personal consumption to all citizens in all waters, except reserves, fish hatcheries, ponds and other cultural fisheries, observing the rules of water provided by the Water Code.

Regulation establishes the right of extraction of fish and other aquatic animals, for the needs of fisheries provides the right to use of natural resources of coastal strip. As indicated by n. 10, the size and the order of use of such bands are determined by the local executive bodies in coordination with the state. bodies of water and forest resources. These bodies, solving questions about the procedure and the conditions of use of coastal strip to the above needs of fisheries, must necessarily be guided by norms and requirements not only of the Water and Forest Code and the Land Code of the Republic.

All this should be in the name and for the benefit of the environmental well-being, to ensure an integrated approach to the problems of ecology, nature conservation and ratsionalnogo environment. This is what haunts n. 11, which reads: "Nature users who have been granted the right to produce fish and other aquatic animals from the fishing grounds in consultation with Fisheries authorities are obliged by their own and at their own expense to produce clearing swamps, swimming and other places for fishing, keep in a sanitary condition coastal areas in the field sampling gear. "

In Sec. 12 of the Regulations provides that: "In order to rational use of some species of aquatic animals can be set limits and quotas on their use. Limits and quotas for fish and other aquatic animals are approved by the Government of the Republic of Kazakhstan in accordance with the law."

According to para. 13 of the Regulation, for the conservation and reproduction of some species of aquatic animals may be established prohibitions or restrictions on its use in certain waters and on certain dates.

In particular, it is forbidden to throw in the fishery waters, on the coast and on the ice of these reservoirs are not neutralized and untreated sewage of industrial, municipal, agricultural and other enterprises, and all modes of transport, as well as industrial and domestic and other types of waste and debris; made without coordination with the bodies of fish protection and restoration of damaged embankment trees on floodplains that are spawning fish; arrange debris and solid fences rivers, channels and canals, down from limonite water lakes, which are spawning sturgeon and salmon, except where agreed with the bodies of fish protection for timber floating the river; leave on ice and flooded the banks of fishery ponds chips, bark, sawdust and other waste generated during cutting of wood, with a coastal raft and raft on the ice, as well as in the construction of facilities for the alloy. Forestry organizations must be cleaned regularly fishery ponds used for floating timber from a sunken timber and appliances produce logging (except blanks in order cuttings forest recovery-

tions of selective logging) in the forbidden bands of forest cleaningvaluable fish spawning areas, and also at a distance of less than three kilometers from the shore of the pond woods.

On conducting blasting in such cases shall be immediately notified authorities of Fisheries. According to the provisions prohibiting the commission of 15 kinds of actions detrimental to the state of fish stocks. Committing their legally recognized serious offense entailing the use of a measure of legal liability.

By the guilty parties can and should be applied art. Art. 51 -1; 92 and others. The water intake of fishery reservoirs for the needs of enterprises and for irrigation can be performed only when the installation in consultation with the authorities of Fisheries of special devices to protect the fish from entering the intake structures.

Дата добавления: 2014-12-16