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Presidential Decree No. 345 amending Presidential Decrees.

Country/Territory
Belarus
Document type
Regulation
Date
2020
Source
FAO, FAOLEX
Subject
Forestry, Wild species & ecosystems
Keyword
Institution Forest management/forest conservation Public forest Timber Timber extraction/logging Lease Contract/agreement International relations/cooperation Basic legislation Management/conservation Wild fauna Hunting/capture Hunting gear/hunting methods Hunting authorization/permit Birds Game Environmental fees/charges Wildlife products Offences/penalties Legal proceedings/administrative proceedings
Geographical area
CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Entry into force notes
This Presidential Decree enters into force after its official publication.
Abstract

This Presidential Decree modifies environmental fees for compensation of damages caused to environment contained in the Annex 12 of the Presidential Decree No. 348 “On environmental fees for compensation of damages caused to environment.” It establishes that from January 1, 2021, capercaillie hunting shall be prohibited on the territory of the Brest and Grodno regions by legal entities, performing hunting management, for the period of five years. It also bans logging (intended main use felling, as well as in the period from March 1 to July 15 intermediate felling and other felling (with the exception of clear sanitary cuttings, selective sanitary cuttings in coniferous plantations in the foci of stem pests and forest diseases - root sponge and honey agaric) within the boundaries of natural areas, subject to special protection, allotted prior to January 1, 2021, in capercaillie mating grounds, as well as in a 300-meter strip around them, shall be valid until the entry into force of decisions on the allocation of the aforesaid territories, adopted in the manner determined by the Council of Ministers of the Republic of Belarus. The Ministry of Forestry shall be appointed authorized state institution entitled to conduct a unified state policy, including scientific and technical policy, in the field of hunting economy and to carry out: (a) state administration on the territory of the Republic of Belarus; (b) preparation of draft normative legal acts on the regulation of hunting management and hunting; (c) coordination of activities of the national bodies state bodies, other organizations for hunting management and hunting; (d) organization of registration of wild fauna species classified as game, participation in the maintenance of the state registration and monitoring of wild fauna species; (e) coordination of draft decisions of regional executive bodies for the provision on lease of hunting grounds, as well as contracts for lease thereof; (f) organizing the issuance of state certificates for the right to hunt; (g) interaction with the national state bodies, association "Belarusian Society of Hunters and Fishermen" on issues of the development of tourism activities related to hunting; (h) game resource management aimed at reproduction, conservation, improvement and rational use of the populations of game animals, as well as conservation and restoration of their habitats; (i) international cooperation in the field of hunting; and (j) other functions in the field of hunting management and hunting in accordance with the acting legislation. Hunting Regulation establishes legal grounds for organization and management of hunting on the national territory. The right to hunt on the territory of the Republic of Belarus with hunting gear shall be granted to: (a) capable citizen of the Republic of Belarus who has reached sixteen years of age, as well as capable foreign citizen, stateless person who has reached the age of sixteen, permanently residing on the territory of the Republic of Belarus and having residence permit, who have a valid state hunting license; and (b) foreign citizen, citizen of the Republic of Belarus, stateless person permanently residing outside the Republic of Belarus, if there is a document, certifying the right of these citizens and persons to hunt in the states of their usual place of residence. Hunting permits shall be issued by the state unitary hunting enterprise “Belgosohota”. Hunter has the following obligations: (a) comply with this Hunting Regulation; (b) show hunting gear and hunting in the process of hunting in hunting grounds and other habitats of wild fauna species to the officials of hunting inspection; (c) obey to the instructions of the superintendent of hunting; and (d) have registration certificate for hunting dog and (or) hunting bird. Hunting gear and hunting methods non complying with this Hunting Regulation shall be considered prohibited. Criteria for classifying game animals as trophy (wildlife products) and (or) selection species are established for the following types of game animals: elk, red deer, roe deer, fallow deer, spotted deer, mouflon, wild boar, auroch (Bison bonasus) (reserve gene pool). Hunting control is carried out by the State Inspectorate for Protection of Flora and Fauna under the President of the Republic of Belarus, according to its competence. Persons who violate this Hunting Regulation shall bear administrative, criminal and other liability in accordance with legislative acts. Annex 1 lists non-standardized game species. Annex 2 lists non-standardized game species, hoofed animals, mammals and upland game. Annex 3 establishes hunting periods, hunting gear and hunting methods for certain game species. Annex 4 contains the form of state hunting certificate. Annex 5 contains the form of hunting authorization. Annex 6 contains the form of hunting authorization for certain wild fauna species. Annex 7 contains the form of hunting voucher. Annex 8 lists hunting dogs’ species. Annex 9 list hunting birds’ species. Hunting Management Regulation establishes the legal basis for hunting management on the territory of the Republic of Belarus, as well as the obligations of users of hunting grounds when organizing hunting, including hunting by foreign citizens. The hunting grounds constitute the fund of the hunting grounds, which are subdivided into: (a) fund of hunting grounds leased to legal entities and (or) gratuitous use for hunting; and (b) reserve fund of hunting grounds. The right to conduct a hunting economy in hunting grounds arises for a legal entity from the date of signing the lease agreement or adoption of decisions on the provision of the grounds for gratuitous use. Gratuitous use of hunting grounds shall be granted by decision of the President of the Republic of Belarus. In the process of hunting management, the use of game animals is carried out by the user of the hunting grounds by organizing recreational or commercial hunting.

Full text
Russian
Website
president.gov.by

References - Legislation

Amends

Presidential Decree No. 348 “On environmental fees for compensation of damages caused to environment.”

Legislation | Belarus | 2008 (2010)

Keyword: Environmental fees/charges, Liability/compensation, Emissions, Air quality/air pollution, Pollution control

Source: FAO, FAOLEX