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Official translation republic of lithuania LAW Amending the Law ON PROTECTED FAUNA, FLORA AND FUNGI SPECIES AND COMMUNIT

Official translation republic of lithuania LAW Amending the Law ON PROTECTED FAUNA, FLORA AND FUNGI SPECIES AND COMMUNITIES November 6, 1997 No VIII-499 Vilnius (As last amended on December 11, 2001, No IX-637 ) Article

  1. A New Version of the Republic of Lithuania Law on Protected Fauna, Flora and Fungi Species and Communities The Republic of Lithuania Law on Protected Fauna, Flora and Fungi Species and Communities shall be amended and set forth to read as follows: REPUBLIC OF LITHUANIA LAW ON PROTECTED FAUNA, FLORA AND FUNGI SPECIES AND COMMUNITIES CHAPTER I GENERAL PROVISIONS Article
  2. The Purpose and Object of the Law
  3. This Law shall regulate the protection of protected fauna, flora and fungi species and communities, as well as the protection of their habitats, location sites and origin sites and the fundamental requirements for preservation and multiplication of these species and communities.
  4. The object of this Law – fauna, flora and fungi species living, growing or detected during the migrations in the territory of the Republic of Lithuania, as well as those transported through the territory of the Republic of Lithuania, that are included in the lists approved by legal acts of the Republic of Lithuania on the grounds of Annexes to international treaties and the European Union directives. Article
  5. Definitions
  6. Origin site shall mean the natural habitat of an organism, population or community.
  7. Habitat protection regulation shall mean a document prepared in accordance with the set procedure regulating the requirements for maintenance of the state of habitats, their protection and management.
  8. Species of Community interest shall mean endangered, vulnerable, rare or endemic species located in the territory of a member state of the European Communities and the Republic of Lithuania.
  9. Specimen shall mean each and every independently existing organism except for a human being.
  10. Specially protected species shall mean endangered, highly vulnerable, rare and endemic species of fauna, flora and fungi species for maintaining the state whereof species conservation projects have to be drafted and implemented.
  11. The Red Book of Lithuania (hereinafter referred to as the “Red Book”) shall mean a list of rare and endangered fauna, flora and fungi species and their communities, as well as information concerning the rarity of these species and communities, the threat of extinction they face, the condition of the species and their populations, the communities, location sites and origin sites in Lithuania and the measures for preservation thereof.
  12. Natural habitat (hereinafter referred to as the habitat) shall mean an environment distinguished by specific abiotic and biotic features, where a species lives at any stage of its biological cycle.
  13. Location site shall mean the place and area, where specimens of protected species or their communities are found (noticed).
  14. The Red Book Commission shall mean a collegial body operating on a voluntary basis. At the recommendation of scientific and educational institutions, the Commission shall be formed from the representatives of scientific and educational institutions and the employees of the Ministry of Environment and the composition of the Commission shall be approved by the Ministry of Environment.
  15. Reintroduction shall mean bringing again into Lithuania of a species of fauna, flora or fungi, which has become extinct in Lithuania, and dissemination thereof for the purpose of reintroducing it in the wild.
  16. Conservation status of a species shall mean a status where the factors affecting the species may have a long-term influence on distribution and abundance of its populations.
  17. Habitat of a species shall mean an environment defined by specific abiotic and biotic factors, in which the species lives at any stage of its biological cycle.
  18. Species conservation project shall mean the entirety of the protection measures for specially protected species, their location sites and the sites of origin, validated in accordance with the procedure established by the Ministry of Environment.
  19. Protected species and communities shall mean the species of fauna, flora and fungi and the communities thereof, naturally living (breeding) or growing in the territory of the Republic of Lithuania, in its continental shelf and the economic zone of the Republic of Lithuania in the Baltic Sea, that are vulnerable, endangered, rare, endemic and threatened. These are the species and communities that are included in the List of Specially Protected Species, the Red Book or the List of Species of Community Interest in accordance with the procedure established by this Law. The concept of a species shall also cover lower ranking taxonomic units.
  20. Protected species and community habitat protection regulation shall mean a document approved by the Ministry of Environment establishing the conditions for supervision, management, use and protection of habitats. Article
  21. Principles of Protection of Protected Species and Communities
  22. The protection of protected species and communities shall be organised in accordance with the flowing fundamental principles: 1) absolute protection – all the specimens of a species (their populations), as well as all the habitats, location sites and origin sites shall be protected; 2) representative protection – the habitats, location sites and origin sites most representative of a species or community shall be protected; 3) territorial protection – the specimens, species (populations), communities and their habitats, location sites and origin sites within the protected areas established in accordance with the Law on Protected Areas and other legal acts shall be protected.
  23. Species conservation projects shall be drafted in respect of specially protected species. The Ministry of Environment shall approve them. Article
  24. Protection Measures for Protected Species and Communities The protection of protected species and communities shall be ensured by: 1) protecting all the specimens of rare species (their populations), as well as all their habitats, location sites and origin sites; 2) protecting the habitats, location sites and origin sites most representative of rare species or communities; 3) controlling the use of, taking in the wild of and trade in protected species; 4) establishing protected areas; 5) breeding protected species in captivity and returning them to the wild for the purpose of maintaining their populations; 6) raising public awareness and creating the system for informing about the status of rare species; 7) examining the status of protected species and communities and carrying out biological monitoring; 8) acceding to international treaties and implementing their requirements with a view of protecting protected species. CHAPTER II THE CONSERVATION STATUS OF PROTECTED SPECIES Article
  25. The Red Book
  26. The list to be included in the Red Book shall be compiled by the Red Book Commission on the initiative of scientific institutions and the society and shall be approved by the Ministry of Environment.
  27. The Red Book shall be published for attaining the following goals: 1) to inform the society about protected species and communities and their status; 2) to accumulate information that helps carry out the protection of such species; 3) to coordinate and harmonise the actions on the protection of species on an international scale; 4) to ensure research to be carried out about species and communities and their status; 5) to ensure the monitoring of the state of these species.
  28. The Red Book Commission shall annually revise the lists to be included in the Red Book.
  29. The Red Book of Lithuania shall be published at least once every ten years. Article
  30. Specially Protected Species
  31. The list of specially protected species shall be compiled by the Red Book Commission in compliance with the Red Book and shall be approved by the Ministry of Environment.
  32. The Red Book Commission shall annually revise the list of specially protected species.
  33. Species conservation projects for the protection of specially protected species shall be drafted on the proposal of the Red Book Commission and in accordance with the procedure established by the Ministry of Environment.
  34. Areas established for the protection of fauna, flora and fungi of specially protected species shall be considered strict reserves and the regime of strict state reserves shall be applied in their respect. Exceptions may be applied, if they are provided for in species conservation projects. Article
  35. Species of Community Interest
  36. The lists of species of Community interest shall be compiled and approved by the Ministry of Environment taking into consideration the legal acts of the European Community and international treaties.
  37. By decision of the Ministry of Environment and taking into consideration the recommendations expressed by the Red Book Commission, the species of Community interest may be included in the lists of specially protected species and in the Red Book. Article
  38. Database of Protected Species and Communities Information on rare and endangered species and communities (their location sites, abundance and variation thereof, the status of the populations and the composition of the communities) shall be compiled and databases shall be created in governmental institutions authorised to coordinate these spheres. Article
  39. Supplying of Information on Protected Species and Communities
  40. Information on location sites of specially protected species shall be kept at the Ministry of Environment and shall not be disclosed to the public. This information is used when drafting and implementing species conservation projects and habitat protection regulations and when carrying out other activities coordinated by the Ministry of Environment in accordance with the procedure established by the Ministry of Environment.
  41. Information on the general status of specially protected species, as well as the status of species included in the Red Book and the species of Community interest may be published, if this does not contravene the environmental requirements and the principles of protection of species and communities.
  42. Information shall be provided in compliance with the Procedure for the Provision of Information on Environment to the Public in the Republic of Lithuania established by the Government. CHAPTER III regulation and control of the protection of Protected Species and Communities Article
  43. Obligations of Legal and Natural Persons in Ensuring the Protection of Protected Species and Communities Legal and natural persons, who possess by the right of ownership, use or trust some land containing the habitats, location sites and origin sites of protected species and communities, must observe the following requirements: 1) to preserve the conditions favourable for the existence of protected species and communities; 2) to ensure the protection of protected species and communities, and the necessary maintenance of location and origin sites thereof; 3) to ensure that the protected object would be accessible for scientific research, education and other purposes related to the research and the protection of this object. 4) to comply with other requirements laid down by legal acts. Article
  44. The Protection of Habitats, Location Sites and Origin Sites of Protected Species and Communities The habitats, location sites and origin sites of protected species and communities shall be protected through proper maintenance, management and use. Maintenance of the habitats, location sites and origin sites of protected species and communities must guarantee the balanced functioning thereof and the stability of the status of protected species and communities.
  45. The following regimes for the protection and use shall be applied in respect of the location sites of protected species and communities: 1) strict reserve - economic activities are prohibited; 2) limited use – limited economic activities are permitted; 3) restorative use promoting and ensuring the existence of protected species.
  46. Specific protection requirements for the location sites and origin sites of protected species and communities shall be established in the habitat protection regulations and those of specially protected species – in species conservation projects. Article
  47. Habitat Protection Regulation of Protected Species and Communities and Species Conservation Projects
  48. The following information shall be indicated in the habitat protection regulation of protected species and communities: its natural characteristics, the boundaries of the site, the assessment of the status of protected species (community) and the protection requirements.
  49. The Ministry of Environment shall draft and approve the habitat protection regulation of protected species and communities.
  50. The land owners and land users in the territory whereof protected species and communities are found must comply with the requirements set in the protection regulations and conservation projects for specially protected species. Article
  51. Establishment of Protected Areas for Preservation of Protected Species and Communities Protected areas shall be established for preservation of protected species and communities, as well as their habitats, location sites and origin sites in accordance with the Law on Protected Areas. Article
  52. Protection Measures for Protected Species and Communities in Territorial and Economic Activity Planning Documents In territorial planning documents of the Republic of Lithuania and also in economic activity planning documents, preservation measures for the habitats must be provided for, if the habitats of protected species, specially protected species and communities are situated in the planned teritories. Article
  53. The Procedure for Acquisition of Objects belonging to Protected Species and Communities for Scientific, Training, Replenishment of Collections and Other Purposes The Ministry of Environment shall establish the procedure for acquisition or use of protected species of fauna, flora and fungi for scientific, training and education and replenishment of museum collections. Article
  54. Reintroduction, Transfer, Export and Use for Commercial Purposes of Protected Species
  55. It shall be permitted to reintroduce the species that were naturally living (growing) in Lithuania, but became extinct, only if this does not pose threat to the stability of ecosystems, the safety of species and their communities and if species reintroduction projects include the assessment of the prospects for species and the potential impact on other species, their populations and habitats.
  56. It shall be prohibited to arbitrary transfer protected species of fauna, flora or fungi from one place to another, within the territory of the Republic of Lithuanian, and also to export them from Lithuania.
  57. The Ministry of Environment shall establish and supervise the procedure for reintroduction of protected species, their transfer from one place to another and their export from Lithuania.
  58. Legal acts adopted by the Ministry of Environment shall regulate the use of protected species for commercial purposes. Article
  59. Funding of Measures aimed at ensuring the Protection of Protected Species and Communities The protection and maintenance works carried out in respect of the location sites and origin sites of protected species and communities, scientific research of protected species and communities, inventory of the location sites, compilation and management of databases and the state register, compilation and publication of the Red Book, drafting and implementation of projects for management and preservation of the location sites and other special works; compensation for losses incurred by land (woodland) owners (users) when organising the protection of protected species and communities and the protection and maintenance works carried out in respect of state owned location sites shall be financed from the funds allocated for the implementation of the environmental protection programme and other similar programmes. CHAPTER IV state control and liability for violationS of the requirements of this law Article
  60. State Control of the Protection of Protected Species and Communities The Ministry of Environment and other institutions authorised by the Government shall carry out the state control of the protection of protected species and communities and the control of the implementation of the requirements laid down in this Law. Article
  61. Legal Liability Natural and legal persons, who have violated the requirements of this Law, shall be held liable under the laws in force in the Republic of Lithuania. Article
  62. Estimation of and Compensation for Damage Caused when Destroying or Damaging Protected Species and Communities and their Habitats, Location Sites and Origin Sites It shall be prohibited to destroy or damage protected species and communities and their habitats, location sites and origin sites. Legal or natural persons who have caused damage to a protected object, must compensate for all of the damage inflicted by their illegal activities and, if possible, restore the status of the object.
  63. The Government shall approve the methods for calculation of losses and the tariffs used for calculating the losses. CHAPTER V INTERNATIONAL TREATIES Article
  64. International Treaties Regulating the Protection of Protected Species and Communities
  65. The protection requirements for protected species and communities must correspond with international treaties of the Republic of Lithuania regarding the protection of rare and endangered species and communities.
  66. If protection regulation for rare and endangered species and communities stipulated in international treaties of the Republic of Lithuania differs from that provided for in this Law, the provisions of international treaties shall apply.” I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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