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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE PROTECTED SPECIES OF FAUNA, FLORA AND FUNGI 6 November 1997 – No VIII-499 (As last amended on 17 December 2009 – No XI-578) Vilnius CHAPTER ONE GENERAL PROVISIONS Article

  1. Purpose of the Law
  2. This Law shall specify public relations pertaining to the conservation of protected species of wild fauna, flora and fungi living or temporarily present in the natural environment, discovered or found during the migration period or at other times, and to the regulation of such conservation, in the territory of the Republic of Lithuania and its airspace, as well as in the territorial sea and the continental shelf of the Republic of Lithuania and its economic zone in the Baltic Sea (hereinafter referred to as the “territory of the Republic of Lithuania”).
  3. This Law shall also aim at ensuring the implementation of the EU legal acts listed in Annex 2 to this Law. Article
  4. Definitions
  5. Habitat site shall mean the natural place of growth of flora and fungi and their populations.
  6. Specimen shall mean any animal or plant, whether alive or dead, of the endangered species entered in the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania and the list of animal and plant species of Community interest or protected under international agreements, any part or derivate thereof, as well as any other goods which appear, from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be parts or derivatives of those species.
  7. Species of Community interest shall mean species of fauna and flora existing in the European territory of Member States to which the Treaty establishing the European Community applies which are: 1) endangered, except for the species whose natural range is marginal in that territory and which are not endangered or vulnerable in the western palearctic region; 1) vulnerable, i.e. believed likely to move into the endangered category in the near future if the causal factors continue operating; 3) rare, i.e. with small populations that are not at present endangered or vulnerable, but are at risk due to the fact that these species are located within restricted geographical areas or are thinly scattered over a more extensive range; 4) endemic and requiring particular attention by reason of the specific nature of their habitat and/or the potential impact of their use on their habitat and/or the potential impact of their use on their conservation status; 5) listed in subparagraphs 1–4 of this paragraph and listed or likely to be listed in Annex II and/or Annex IV or V to the EU legal act specified in subparagraph 2 of Annex 2 to this Law;
  8. Fungus shall mean a naturally growing or artificially planted specimen of any species of wild fungus at any stage of its biological cycle. Pursuant to this Law, fungal spores, easily recognizable or identifiable parts of the fungus or any derivatives thereof, as well as destroyed specimens of fungi shall also be treated as fungi.
  9. Strictly protected species shall mean species of fauna, flora and fungi sensitive to environmental change and disturbance, identified in the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania as being under strict protection and/or entered in the list of animal and plant species of Community interest as being in need of strict protection.
  10. Introduction shall mean a process whereby a species is deliberately introduced into the environment outside its natural range.
  11. Wild plant (hereinafter referred to as a “plant”) shall mean a naturally growing or artificially planted specimen of a wild plant species at any stage of its biological cycle. Pursuant to this Law, plant seeds, any parts or derivatives thereof, as well as destroyed specimens of plants shall also be treated as plants.
  12. Wild animal (hereinafter referred to as an “animal”) shall mean a specimen of a wild animal species, living in the wild or held in captivity, at any stage of its biological cycle. Pursuant to this Law, any parts or derivatives of the animal, as well as dead specimens of animals shall also be treated as animals.
  13. Favourable conservation status of a species shall mean a status when the population dynamics data on the species concerned indicate that the population is able to maintain itself on a long-term basis as a viable component of its natural habitat, and when the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.
  14. Translocation shall mean the moving of specimens of protected species of wild fauna, flora and fungi from one location to another and their settlement within the natural range of those species.
  15. Priority species of Community interest shall mean species of fauna or flora specified in subparagraph 1 of paragraph 3 of this Article for the conservation of which the Community has particular responsibility in view of the large proportion of their natural range which falls within the European territory of Member States to which the Treaty establishing the European Community applies.
  16. Location site shall mean a geographical location or area where specimens of species of fauna ar (noticed) or otherwise established.
  17. Reintroduction shall mean a process whereby a species is reintroduced within its natural range where it had lived but had become extinct or had been destroyed.
  18. Conservation status of a species shall mean the sum of the influences, indicative of the quality of conservation, acting on the species concerned which may affect the long-term distribution and abundance of its populations within the European territory of Member States to which the Treaty establishing the European Community applies.
  19. 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.
  20. Species shall mean the sum of specimens of fauna, flora and fungi of the same origin characterized by similar morphological, physiological, biochemical, ecological and etological features, distributed within a certain territory and having an identical karyotype, able to interbreed and produce fertile offspring. Pursuant to this Law, the definition of a species shall also include lower ranking taxonomic units.
  21. Conservation of a species shall mean the sum of measures required to maintain or restore the protected species of fauna, flora, fungi and their natural habitats at a favourable conservation status in the Republic of Lithuania.
  22. Protected species shall mean an endangered, vulnerable, rare or endemic species of fauna, flora and fungi entered in the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania and/or the list of animal and plant species of Community interest in accordance with the procedure established by this Law or protected under international agreements, as well as all species of wild birds naturally occurring in the European territory of the Member States.
  23. Protected species conservation action plan shall mean a document establishing priority areas for the conservation and management of certain protected species of fauna, flora and fungi, as well as the location sites and habitat sites thereof, the measures envisaged, the sources of funding and action plans.
  24. Use of protected species shall mean the taking of specimens of protected species from the wild, trade in protected species and derivates thereof, keeping in captivity of specimens of protected species taken from the wild, use of protected species for research, processing or public exhibition of dead protected animals and parts thereof, as well as observation, marking, breeding, filming and photographing of specimens of protected species. Article
  25. State Regulation of Conservation and Use of Protected Species
  26. State regulation of conservation and use of protected species shall, within the limits of their competence, be carried out by the Government of the Republic of Lithuania (hereinafter referred to as the “Government”), the Ministry of Environment of the Republic of Lithuania (hereinafter referred to as the “Ministry of Environment”) or any institutions authorized by it, the Ministry of Agriculture of the Republic of Lithuania (hereinafter referred to as the “Ministry of Agriculture”) or any institutions authorized by it, the Customs Department under the Ministry of Finance of the Republic of Lithuania (hereinafter referred to as the “Customs Department”) and the State Food and Veterinary Service.
  27. The Government shall: 1) coordinate the drafting of national strategies and programmes on conservation and use of protected species and approve thereof; 2) in the manner prescribed by the law, conclude international treaties of the Republic of Lithuania on the issues pertaining to the conservation of protected species and ensure the implementation thereof; 3) approve a description of the procedure for drafting the Regulation on the Conservation of the Location Sites and Habitat Sites of Strictly Protected Species and for informing the owners, managers and users of land and other persons concerned about the established Regulation on the Conservation of the Location Sites and Habitat Sites of Strictly Protected Species and Compensation for Losses Incurred as a Result of Application of Conservation Measures in Respect of Strictly Protected Species; 4) perform other functions set forth by the law.
  28. The Ministry of Environment or an institution authorised by it shall: 1) approve the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania and the List of Strictly Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania; 2) approve the list of animal and plant species of Community interest; 3) approve the structure of the Commission on the Lithuanian Red Data Book; 4) organize periodic publishing of the Lithuanian Red Data Book and inform the public about the status of protected species in Lithuania by other means; 5) approve a description of the Procedure for Drafting Protected Species Conservation Action Plans and Approving Thereof; organize the drafting and implementation of such action plans; 6) establish the procedure for the use of protected species; 7) when approving the Rules for Hunting in the Territory of the Republic of Lithuania and regulation measures for inland water fishing in water bodies intended for fish-farming, establish the prohibited non-selective means of capture and killing of mammals and fish as well as the modes of transport the use whereof is prohibited for the purpose of capture and killing of animal species of Community interest to the taking from the wild and use of which the management measures may apply; 8) when approving a description of the procedure for Introduction, Reintroduction and Translocation, establish the requirements for translocation, introduction and reintroduction of protected species; 9) when approving the Rules for the Trade in Wild Fauna in association with the Customs Department and the State Food and Veterinary Service, establish the requirements for the trade in protected species of fauna; 10) approve the Rules for the Trade in Protected Species of Wild Flora and Fungi; 11) establish the methods of calculating the Damage Caused to Protected Species and Their Habitats; 12) approve the regulations of the Information System on Protected Species; 13) organize monitoring of incidental killing or capture of protected animal species of Community interest in need of strict protection and take the necessary research and conservation measures to ensure that incidental capture or killing does not have a significant negative impact on the species concerned; 14) provide information and consultation to the owners, users or managers of land and to other parties concerned in relation to the location sites and habitat sites of strictly protected species present on their land and in relation to their conservation requirements; 15) supervise and control the influence of economic activities on protected species and/or a negative impact such activities may have on the species concerned; 16) apply to the court in the light of the threat to conservation of protected species or with a view to ensuring compliance with the requirements laid down in this Law; 17) perform other functions prescribed by laws and other legal acts.
  29. The Ministry of Environment and the Ministry of Agriculture shall draft the documents of rural development support or fishery support programmes and shall establish therein support measures for entities engaged in agricultural, forestry and fishery activities based whereon farming methods having a favourable effect on or restoring the location sites and habitat sites of protected species would be promoted and lost income or additional expenses incurred as a result of application of such farming methods would be compensated.
  30. When approving regulation measures for sea fishing, the Ministry of Agriculture or an institution authorized by it shall establish the prohibited non-selective means of capture and killing of fish the use whereof is prohibited for the purpose of capture of fish species of Community interest to the taking from the wild and use of which the management measures may apply.
  31. Municipalities and institutions authorized by them shall promote, organize and provide education and information on the need to protect protected species, their habitat sites, location sites and habitats, and perform other functions prescribed by the law. CHAPTER TWO PROTECTED SPECIES OF FAUNA, FLORA AND FUNGI Article
  32. Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania
  33. Endangered, vulnerable, rare or endemic species shall be declared as protected species of fauna, flora and fungi of the Republic of Lithuania where they are recognized as such based on the research data on their natural range, habitats and sizes of the populations of the species and the tendencies of their change.
  34. Species whose tendencies of extinction are most unfavourable and whose location sites or habitat sites are in largest need of conservation shall be identified in the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania as being strictly protected. The List of Strictly Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania shall be compiled on the proposal of the Commission on the Lithuanian Red Data Book. This List shall be approved by the Ministry of Environment. Article
  35. Lithuanian Red Data Book
  36. The Ministry of Environment shall, at least once every ten years, publish an information publication – the Lithuanian Red Data Book. It shall introduce to the public the species of fauna, flora and fungi protected in the territory of the Republic of Lithuania, their status, distribution, ecology and biology thereof, abundance of their populations, threats they are facing and conservation status of the species.
  37. The Lithuanian Red Data Book shall be compiled on the basis of the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania. Article
  38. Commission on the Lithuanian Red Data Book
  39. The structure of the Commission on the Lithuanian Red Data Book shall be approved by the Ministry of Environment. The Commission on the Lithuanian Red Book shall be composed of research and educational establishments and representatives of the Ministry of Environment.
  40. The List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania shall be compiled and reviewed each year by the Commission on the Lithuanian Red Data Book. The List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania (updates and/or amendments thereof) compiled by the Commission on the Lithuanian Red Data Book shall be approved by the Ministry of Environment. Article
  41. Animal and Plant Species of Community Interest
  42. The lists of animal and plant species of Community interest shall be approved by the Ministry of Environment. The lists of animal and plant species of Community interest are as follows: 1) the list of animal and plant species of Community interest whose conservation requires the designation of special areas of conservation; 2) the list of animal and plant species of Community interest in need of strict protection; 3) the list of animal and plant species of Community interest whose taking in the wild and use may be subject to management measures; 4) the list of the Community’s bird species whose habitats are subject to special conservation measures aiming at the conservation of the species in their natural range, their maintenance and reproduction. This list shall include species threatened with extinction; species which may be affected by certain changes in their habitats; species considered to be rare due to their small populations or a limited distribution range; other species requiring particular attention by reason of the specific nature of their habitat.
  43. The lists of animal and plant species of Community interest shall identify priority species of Community interest and species which are found in the territory of the Republic of Lithuania or which may live in the natural environment of Lithuania. CHAPTER THREE PROTECTED SPECIES CONSERVATION MEASURES Article
  44. Protected Species Conservation Measures Conservation of protected species shall be ensured by: 1) designating protected areas of the Republic of Lithuania in accordance with the Law of the Republic of Lithuania on Protected Areas and implementing therein protected species conservation measures; 2) drafting and implementing protected species conservation action plans; 3) regulating and controlling the use of protected species; 4) breeding in captivity of protected species and, with a view to maintaining the populations, subsequently releasing or moving them to the wild; 5) supervising and managing habitats of protected species, restoring the destroyed habitats and creating biotopes; 6) carrying out research and monitoring of the conservation status of protected species, research of the species and other works necessary for the organization of conservation of protected species and regulation of their use; 7) organizing the collection of data on the location sites and habitat sites of protected species in the information system on protected species; 8) establishing regulations on the conservation of the location sites and habitat sites of strictly protected species; 9) considering draft environmental impact assessments of the envisaged economic activities, carrying out strategic environmental impact assessment of plans and programmes and, based on the assessments, restricting or prohibiting the economic or other activities which may have a negative impact on protected species; 10) imposing penalties for violations of the established conservation regime of the species and establishing compensation for damage; 11) providing the public with education and information on the importance of conservation of protected species; 12) acceding to international agreements on the conservation of protected species and implementing the requirements thereof; 13) applying other measures which have a favourable effect on the conservation status of the protected species and ensure their conservation. Article
  45. Protected Species Conservation Action Plans
  46. For the purpose of determining priority directions of the activities aiming at the conservation of protected species, their conservation measures, sources of funding and an action plan, the Ministry of Environment shall organize the drafting and implementation of a protected species conservation action plan with priority given to strictly protected species. The Ministry of Environment shall also organize the implementation in the Republic of Lithuania of strategic documents aimed at the conservation of individual protected species, drawn up by international organization of which the Republic of Lithuania is a member.
  47. Natural persons and legal entities shall draw up and implement protected species conservation action plans in compliance with the requirements laid down in the description of the Procedure for Drafting Protected Species Conservation Action Plans and Approving Thereof, as approved by the Ministry of Environment.
  48. Protected species conservation action plans shall be approved by the Ministry of Environment. Article
  49. Use of Protected Species
  50. The use of protected species may not pose any threat to long-term survival of such species and efforts to ensure a favourable conservation status thereof. Persons using protected species must comply with the requirements of this Law, the procedure for the use of protected species established by the Ministry of Environment, the Rules for the Trade in Wild Fauna, the Rules for the Trade in Protected Species of Wild Flora and Fungi and other legal acts.
  51. The taking of specimens of protected species in the wild, observation, marking, filming, photographing and breeding thereof, as well as keeping in captivity, the use of protected species for research and other forms of use, except for the trade in protected species of fauna, flora and fungi, shall be carried out in accordance with the description of the procedure for the use of protected species approved by the Ministry of Environment. Authorizations to observe, film or photograph protected species where specimens of these species remain undisturbed shall not be required, except for the protected species of fauna entered in the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania and the list of animal and plant species of Community interest during the breeding season in the vicinity of their habitats and hibernation sites during the period of hibernation.
  52. Sale, offering for sale or purchase, importing, exporting or re-exporting of species of protected fauna shall be permitted in compliance with the Rules for the Trade in Wild Fauna.
  53. Sale, offering for sale or purchase, importing, exporting or re-exporting of species of protected flora and fungi shall be permitted in compliance with the Rules for the Trade in Protected Species of Wild Flora and Fungi.
  54. The use of protected species shall be permitted subject to an authorization issued by the Ministry of Environment. Article
  55. Translocation, Introduction and Reintroduction of Protected Species
  56. It shall be permitted to reintroduce the species that were naturally living (growing) in the territory of the Republic of Lithuania but became extinct where this does not pose threat to the stability of ecosystems and the safety of protected species, and where the assessment of the prospects for the species and their potential impact on other species, populations and habitats thereof has been carried out.
  57. The requirements for translocation, introduction and reintroduction of protected species shall be laid down in the description of the Procedure for Introduction, Reintroduction and Translocation approved by the Ministry of Environment.
  58. It shall be prohibited to introduce in the Republic of Lithuania such species of fauna, flora and fungi the distribution whereof in the natural environment has an adverse, undetermined, unknown or unpredicted impact on protected species. Article
  59. Prohibited Activities Relating to Animal and Plant Species of Community Interest in Need of Strict Protection
  60. The following activities relating to animal species of Community interest in need of strict protection shall be prohibited: 1) all forms of deliberate capture or killing of specimens of these species in the wild; 2) deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration; 3) deliberate destruction or taking of eggs from the wild; 4) deterioration or destruction of breeding sites or resting places.
  61. It shall be prohibited to keep, transport, sell or exchange and offer for sale or exchange, of specimens taken from the wild, except for those taken legally before 1 May
  63. The prohibitions referred to in paragraphs 1 and 2 of this Article shall apply to all stages of life of the animal species of Community interest in need of strict protection.
  64. The following activities relating to plant species of Community interest in need of strict protection shall be prohibited: 1) deliberate picking, collecting, cutting, uprooting or destruction of such plants in their natural range in the wild; 2) keeping, transport, sale or exchange and offering for sale or exchange of specimens of such species taken in the wild, except for those taken legally before 1 May
  66. The prohibitions referred to in paragraph 4 of this Article shall apply to all stages of the biological cycle of the plant species of Community interest in need of strict protection. Article
  67. Regulation of Activities Relating to Animal and Plant Species of Community Interest Whose Taking in the Wild and Use May Be Subject to Management Measures
  68. If, in the course of carrying out monitoring and research of animal and plant species of Community interest whose taking in the wild and use may be subject to management measures, as provided for in Chapter Four of this Law, it is deemed necessary, the Ministry of Environment or an institution authorized by it shall take measures to ensure that the taking in the wild and use of specimens of these animal and plant species is compatible with their being maintained at a favourable conservation status.
  69. In the case specified in paragraph 1 of this Article, the Ministry of Environment or an institution authorized by it may: 1) establish conservation measures in respect of the location sites and habitat sites of animal and plant species of Community interest whose taking in the wild and use may be subject to management measures, as laid down in Article 18 of this Law; 2) establish the use of animal and plant species of Community interest whose taking in the wild and use may be subject to management measures providing for temporary or local prohibitions of the taking in the wild of specimens of these species and use of certain populations; change the period(s) and/or methods of taking in the wild of specimens of these species; change the hunting and fishing rules to take account of the conservation of the populations of these species; establish systems of quotas for taking in the wild of specimens of these species; amend legal acts relating to the purchase, sale, offering for sale, keeping for sale or transport for sale of specimens of these species; 3) organize breeding in captivity of animal species of Community interest whose taking in the wild and use may be subject to management measures as well as artificial propagation of plant species, under strictly controlled conditions, with a view to reducing the taking of specimens of these species in the wild; 4) assess the effect of the measures applied.
  70. In respect of the capture and/or killing of animal species of Community interest whose taking in the wild and use may be subject to management measures and in cases where, in accordance with Article 14 of this Law, derogations are applied to the capture or killing of animals of the species of Community Interest in need of strict protection, it shall be prohibited to use non-selective means of capture and killing capable of causing local disappearance of, or serious disturbance to, populations of such species, also to capture and kill from certain modes of transport. Non-selective means of capture and killing as well as modes of transport prohibited for use for the purpose of capture and killing of mammals of the said species shall be established in the Rules for Hunting in the Territory of the Republic of Lithuania and in the case of capture and killing of fish of the said species – the Rules for Commercial Fishing in Lithuania’s Inland Water Bodies Intended for Fish-farming, Rules for Recreational Fishing and regulation measures for sea fishing. Article
  71. Derogations from the Requirements Laid down in Articles 12 and 13 of this Law
  72. Provided that there is no satisfactory alternative and the derogation is not detrimental to the maintenance of the populations of the respective species of Community interest at a favourable conservation status in their natural range, the Ministry of Environment or an institution authorized by it may, when issuing relevant authorizations, derogate from the prohibitions specified in Articles 12 and 13 of this Law. Such derogations may apply and an authorization may be issued only with a view to pursuing one of the following objectives: 1) to protect wild fauna and flora and conserve their natural habitats; 2) to prevent serious damage, in particular to crops, livestock, forests, fisheries and water and other types of property; 3) in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment; 4) for the purpose of research and education, to repopulate and reintroduce these species and for the breeding operations necessary for these purposes, including the artificial propagation of plants; 5) to allow, under strictly supervised conditions, on a selective basis and to a limited extent, the taking and keeping in limited numbers of certain specimens of animal and plant species of Community interest in need of strict protection.
  73. Applications from individuals concerning the granting of the derogations specified in paragraph 1 of this Article shall be considered, authorizations issued and reports on the measures implemented shall be submitted in accordance with the procedure established in the description of the Procedure for the Use of Protected Species, the Rules for the Trade in Wild Fauna and the Rules for the Trade in Protected Species of Wild Flora and Fungi approved by the Ministry of Environment. Article
  74. Conservation of Species of Wild Birds
  75. The following activities related to wild birds shall be prohibited: 1) deliberate killing or capture by any method; 2) deliberate destruction of, or damage to, nests and eggs of wild birds or removal of their nests; 3) taking eggs of wild birds in the wild and keeping these eggs even if empty; 4) deliberate disturbance of wild birds particularly during the period of breeding and rearing, in so far as such disturbance would be significant having regard to the objective of ensuring a favourable conservation status of the relevant species; 5) keeping wild birds the hunting and capture of which is prohibited; 6) the sale, transport for sale, keeping for sale and the offering for sale of live or dead wild birds and of any readily recognizable parts or derivatives of such birds.
  76. The following persons shall not be considered as acting in violation of the provisions of paragraph 1 of this Article: 1) hunting wild birds in accordance with the Rules for Hunting in the Territory of the Republic of Lithuania approved by the Ministry of Environment, specifying the species of wild birds allowed to be hunted, their hunting periods as well as the allowed hunting arrangements and methods and other conditions; 2) trading in wild birds and any readily recognizable parts or derivatives of such birds in accordance with the Rules for the Trade in Wild Fauna approved by the Ministry of Environment, the Customs Department and the State Food and Veterinary Service, specifying the species of wild birds the trade in which is allowed as well as conditions of the trade in such species.
  77. To avoid the local disappearance of species of wild birds as a result of hunting or capture or killing of birds by other means (including cases to which the derogations specified in Article 16 of this Law apply), it shall be prohibited to use any large-scale or non-selective means, arrangements or methods as well as any modes of transport for the hunting of birds or use such modes of transport under certain conditions. The prohibited large-scale or non-selective means, arrangements, methods and modes of transport and the conditions under which such modes of transport may not be used shall be established in the Rules for Hunting in the Territory of the Republic of Lithuania and the description of the Procedure for the Use of Protected Species approved by the Ministry of Environment. Article
  78. Derogations from the Requirements Laid down in paragraph 1 of Article 15 of this Law
  79. Provided that there is no other satisfactory alternative solution, the Ministry of Environment or an institution authorized by it may, when issuing relevant authorizations, derogate from the prohibitions specified in paragraph 1 of Article 15 this Law. Such derogations may apply and an authorization may be issued only with a view to pursuing one of the following objectives: 1) in the interests of public health and public safety; 2) in the interests of air safety; 3) to prevent serious damage to crops, livestock, forests, fisheries, aquaculture and water; 4) for the protection of flora and fauna; 5) for the purposes of teaching and research, of re-population, of re-introduction and for the breeding necessary for these purposes; 6) to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain species of birds in small numbers.
  80. Where the derogations specified in paragraph 1 of this Article are granted, when issuing an authorization, the Ministry of Environment or an institution authorized by it must specify the following: 1) the species of wild birds which are subject to the derogations; 2) the means, arrangements or methods authorized for capture or killing; 3) the conditions of risk and the circumstances of time and place under which such derogations are granted; 4) the authority empowered to declare that the required conditions exist and to decide what means, arrangements or methods may be used, to what extent and by whom; 5) the controls which will be carried out.
  81. Applications from individuals concerning the granting of the derogations specified in paragraph 1 of this Article shall be considered, authorizations issued, monitoring carried out and reports on the measures implemented shall be submitted to the Ministry of Environment or an institution authorized by it in compliance with the description of the Procedure for the Use of Protected Species and the Rules for the Trade in Wild Fauna. Article
  82. Prohibited Impact on Protected Species of the Republic of Lithuania
  83. The following deliberate actions shall be prohibited in the territory of the Republic of Lithuania in respect of specimens of protected species, the conservation whereof is not regulated under Articles 12–16 of this Law, living in the wild, growing or found during the migration period at any stage of their biological cycle, without an authorization issued by the Ministry of Environment or an institution authorized by it in accordance with the procedure laid down by laws: 1) capture, pursuing, intimidation, picking, uprooting, taking from the natural environment, restriction of their movement, injuring or destruction thereof by any method; 2) disturbance of animals, destruction of habitats of protected species or deterioration of the conditions of living therein, in particular in the sites of breeding or resting, feeding, and hibernation or in other places of their shelter or migration; 3) destruction of habitat sites of flora and fungi, ripping of the forest floor; 4) destruction to, removal of or damage to the nests, caves and dwelling during the periods of breeding, rearing, resting, feeding, hibernation or other places of their shelter irrespective of whether animals make use of them at the time.
  84. To grant permits, institutions in charge of environmental protection issuing planning and design conditions, issuing permits for economic activities or approving (coordinating) in accordance with the procedure prescribed by laws, must request that in the course of carrying out of the economic activities the destruction of specimens of protected species be avoided and the conservation of the location sites and habitat sites of protected species be ensured, and where it is impossible to avoid the impact – such impact be minimized and the destroyed valuables be restored. Article
  85. Conservation of Strictly Protected Species, their Location Sites and Habitat Sites
  86. To ensure a favourable conservation status of a strictly protected species, the location sites and habitat sites of major importance for the strictly protected species must be protected from the adverse effect of economic activities, and the economic activities carried on and developed therein must create favourable conditions for the strictly protected species in its habitat. To that end, the Ministry of Environment or an institution authorised by it shall: 1) compile a list of the location sites and habitat sites of major importance for the strictly protected species; 2) assess the status of each of the location sites or habitat sites entered in the list, the economic activities carried on therein and the interest of the owners, managers and users of land and of other parties concerned; 3) prepare a draft regulation on the conservation of location sites and habitat sites of strictly protected species providing wherein, in addition to the description of the location sites or the habitat sites and a map thereof, the following: a list of types of activities which may pose a threat to specimens of strictly protected species or the location sites and habitat sites of the species; a description of types of activities which may have a favourable effect on the strictly protected species and their habitats, the development whereof is recommended; 4) inform the owners, managers and users of land and other parties concerned about the prepared draft regulation on the conservation of the location sites or habitat sites of strictly protected species, assess the comments received and approve the regulation on the conservation of the location sites and habitat sites of strictly protected species; 5) provide consultation to the owners, managers and users of land and to other parties concerned in relation to the admissibility of the activities included in the regulation on the conservation of the location sites or habitat sites of strictly protected species.
  87. Types of activities which may pose a threat to specimens of strictly protected species or the location sites and habitat sites of the species and which may be included in the regulation on the conservation of the location sites or habitat sites of strictly protected species shall be listed in Annex 1 to this Law.
  88. Prior to commencing the activity which may pose a threat to specimens of strictly protected species or the location sites and habitat sites of the species, the owners, managers and users of land and other parties concerned must, in accordance with the procedure laid down in paragraph 4 of this Article, consult the Ministry of Environment or an institution authorized by it in relation to the admissibility of such activity, and, without receiving a written consent from the Ministry of Environment or an institution authorized by it, may not carry out themselves or allow other persons to carry out the activity which may pose a threat to specimens of strictly protected species or the location sites and habitat sites of the species and which is included in the regulation on the conservation of the location sites or habitat sites of strictly protected species. Where such activity is allowed in a specific location subject to certain conditions set by the Ministry of Environment or an institution authorized by it, the owners, managers and users of land and other persons concerned must observe them.
  89. In compliance with the description of the procedure for drafting the Regulation on the Conservation of the Location Sites and Habitat Sites of Strictly Protected Species and informing the owners, managers and users of land and other persons concerned about the established regulation on the location sites and habitat sites of strictly protected species and the Compensation for Losses Incurred as a Result of Application of Conservation Measures in Respect of Strictly Protected Species approved by the Government, the Ministry of Environment or an institution authorized by it, upon receiving an appropriate application from the owners, managers and users of land and other persons concerned, shall adopt a decision on the admissibility of the activities included in the conservation regulation, specifying that: 1) the activity in the specific location is permitted; 2) the activity in the specific location is permitted only subject to certain conditions; 3) the activity in the specific location is prohibited;
  90. The Ministry of Environment or an institution authorized by it shall provide information and consultation to the owners, managers and users of land and to other persons concerned in the territory whereof the location sites or habitat sites of strictly protected species are located in relation to the farming methods having a favourable effect on or restoring the location sites and habitat sites of protected species and in relation to the possible support measures which would promote such farming methods and compensate for the lost income or additional expenses incurred as a result of application of such farming methods. In cases where no support measures may be applied, the owners, managers and users of land and other persons concerned shall be compensated for the lost income or additional expenses incurred as a result of the set restrictions on the activity in accordance with the procedure established by the Government, calculating the compensations for the losses incurred due to restrictions on the economic activity or additional expenses based on the prices on the day of assessment.
  91. Where the death of specimens of strictly protected species or fast deterioration of the habitat sites or location sites of such species cannot be prevented by other measures, the Ministry of Environment or an institution authorized by it shall have the right to apply to court seeking that the owners, managers and users of land and other owners of the objects of economic activities be obligated to conserve the strictly protected species and their habitat sites and location sites with a view to preventing the death of specimens of strictly protected species or fast deterioration of the habitat sites or location sites of such species. Article
  92. Rights and Duties of the Owners, Managers or Users of Land in the Territory Whereof Protected Species are Discovered or Found
  93. The owners, managers and users of land in the territory whereof species protected in the territory of the Republic of Lithuania are discovered or found shall have the right to: 1) obtain, free of charge, information on the protected species, the location sites and habitat sites thereof which are discovered or found in their land; 2) provide information and proposals to an institution authorized by the Ministry of Environment in relation to the conservation of protected species or the restoration of a favourable conservation status thereof; 3) receive farming support in order to ensure appropriate management or restoration of the location sites and habitat sites of protected species and compensation to the owners, managers or users of land for the lost income or additional expenses incurred as a result of application of the respective farming methods; 4) take part, in the capacity of observers, in the process of research and monitoring of protected species;
  94. The owners, managers and users of land in the territory whereof protected species are discovered or found must: 1) inform institutions exercising state control of environmental protection about the detected violations or unlawful activities which violate the conservation of protected species; 2) provide conditions for the research and monitoring of protected species to be carried out in their land; 3) consult with the Ministry of Environment or an institution authorized by it in relation to the admissibility of types of activities which may pose a threat to specimens of strictly protected species or the location sites and habitat sites of the species and which are included in the Regulation on the Conservation of the Location Sites and Habitat Sites of Strictly Protected Species if the location sites or habitat sites of strictly protected species which fall under such regulation are located in their land. Article
  95. Funding of Protected Species Conservation Measures
  96. Compiling of inventories of protected species, their location sites and habitat sites and management thereof, restoration of habitats, drafting of protected species conservation action plans, monitoring, management of the information system on protected species, research, publishing of the Lithuanian Red Data Book, compensating for the lost income as a result of restrictions on economic activities, provision of information and other conservation measures shall be financed from the State budget, EU funds and programmes, funds of natural and legal persons and additional sources of funding provided for by laws.
  97. The implementation of protected species conservation action plans shall be financed from the State or municipal budgets, EU funds and programmes, funds of natural and legal persons, additional sources of funding, international programmes and other funds received in accordance with the procedure laid down by laws. CHAPTER FOUR RESEARCH OF, MONITORING OF AND EDUCATION ON PROTECTED SPECIES Article
  98. Monitoring
  99. With a view to determining a conservation status of protected species, monitoring of the species shall be carried out. Monitoring shall be carried out in accordance with the Law of the Republic of Lithuania on Environmental Monitoring and other legal acts, with particular attention paid to the priority species of Community interest.
  100. Monitoring data shall be recorded in the Information System on Protected Species of the Ministry of Environment in accordance with the procedure established by the Ministry of Environment.
  101. The Ministry of Environment shall organize monitoring of incidental death, destruction or capture of protected animal species of Community interest in need of strict protection and take research and conservation measures to ensure that incidental capture or death does not have a significant negative impact on the species concerned. Article
  102. Research on Protected Species
  103. For the purpose of collecting more information, research on protected species, their distribution and abundance shall be carried out with the incentive from the Ministry of Environment. Requirements applicable to research on protected species shall be established in the description of the Procedure for the Use of Protected Species.
  104. The Ministry of Environment shall provide information on the research to the European Commission and to the EU Member States. Article
  105. Accumulation, Processing and Use of Data on Protected Species
  106. For the purpose of accumulation, processing and use of data on protected species of fauna, flora and fungi, the Ministry of Environment shall set up an information system on protected species managed in compliance with the Rules on Setting Up and Legalisation of State Information Systems and Regulations of the Information System on Protected Species.
  107. Persons who plan to engage in economic activity the environmental impact whereof must be assessed in accordance with the Law of the Republic of Lithuania on the Environmental Impact Assessment of Planned Economic Activity or in accordance with the description of the Procedure of Strategic Assessment of Effects of the Plans and Programmes on the Environment approved by the Government shall have the following rights and duties relating to the use of the data of the information system on protected species: 1) in planning the activity in a particular territory, to apply to the manager of the information system on protected species to be provided with information on the location sites and habitat sites of the protected species recorded in that territory; 2) to follow the instructions given by the manager of the information system on protected species in relation to restricted data; 3) to ensure that the obtained data on the location sites and habitat sites of protected species are put to the best use when planning economic activity in a particular territory in order to prevent a negative impact on protected species or to reduce such impact to minimum; 4) to ensure that the missing or incomplete data on the location sites and habitat sites of protected species are updated with new data in the course of the environmental impact assessment and the newly collected data are submitted to the manager of the information system on protected species.
  108. Data on a conservation status of protected species shall be provided to the public in accordance with the procedure established by the Ministry of Environment.
  109. The manager of the information system on protected species shall not provide data on the exact location sites and habitat sites of protected species of fauna, flora and fungi where the disclosure of such data would pose a threat to the survival of protected species. CHAPTER FIVE CONTROL OF THE CONSERVATION OF PROTECTED SPECIES AND LIABILITY Article
  110. State Control of the Conservation of Protected Species State control of the conservation of protected species shall be carried out by territorial state administration entities subordinate to the Ministry of Environment – regional departments of environmental protection in accordance with the procedure laid down by laws or other legal acts. Article
  111. Liability for Violations of this Law Legal and natural persons in breach of the provisions of this Law shall be held liable under law. Article
  112. Compensation for Damage
  113. Natural and legal persons must compensate for the damage caused to protected species of fauna, flora and fungi and their habitats as a result of acts or omissions.
  114. The following shall have the right to file claims regarding the damage caused: 1) legal and natural persons whose property or interests have been damaged; 2) the Ministry of Environment or an institution authorized by it, other institutions authorized by the Government and municipal institutions where the damage has been caused to protected species living in the wild or naturally growing or to the habitats thereof.
  115. In estimating the damage caused to protected species or their habitats, the institutions specified in subparagraph 2 of paragraph 2 of this Article shall act in compliance with the methodology approved by the Ministry of Environment.
  116. The damage caused by protected animals living in the wild and entered in the List of Protected Species of Fauna, Flora and Fungi of the Republic of Lithuania and the list of animal and plant species of Community interest to the owners, users or managers of objects of economic activities shall be compensated by the users of wild fauna resources and state and municipal institutions in accordance with the procedure laid down by the Law of the Republic of Lithuania on Wildlife, unless it has been proved that the damage occurred due to force majeure, the intent of the victim or other acts specified in Article 6.253 of the Civil Code of the Republic of Lithuania. Annex 1 to Republic of Lithuania Law on the Protected Species of Fauna, Flora and Fungi LIST OF TYPES OF ACTIVITIES WHICH MAY POSE A THREAT TO SPECIMENS OF STRICTLY PROTECTED SPECIES OR THE LOCATION SITES OR HABITAT SITES OF THE SPECIES Serial No Name of activity
  117. Cultivation of the soil: ploughing, cultivation, rotovating, harrowing or any other disruption of land surface, reseeding.
  118. Grazing. Change in the grazing regime (including the species and breeds of grazing animals, grazing intensity or seasonality). Termination of grazing.
  119. Supplementary animal feeding in pastures. Change in the practice of supplementary animal feeding in pastures.
  120. Hay-making or any other cutting of flora (including the production of haylage). Change in the hay-making regime or any other regime of cutting of flora or termination of such activity.
  121. Fertilizing with manure, slurry and other fertilizers, liming.
  122. Use of pesticides, including herbicides.
  123. Dumping, dispersal or storage of dredged material. Storage, dispersal or spill of waste or any chemical substances. Storage of substances.
  124. Burning of flora, including burning of agricultural plant waste, controlled burning.
  125. Release, translocation or other settlement of any wild (including those bred in captivity), feral or domestic animals, plants or microorganisms or dissemination of plant seeds (including the release of genetically modified organisms).
  126. Capture, collecting or other taking of wild animals from the habitats, torture or killing, including disinfestation of pests. Collecting of dead animals or their parts, eggs and nests or other products of their life-activity. Disturbance of animals during the periods of their breeding and hibernation in habitats and in other places of shelter.
  127. Destruction, translocation, removal or cutting of plants, their remains and formations of flora (trees, bushes, shrubbery, grass plants, hedges and rows, dead or rotting wood, moss, lichen, fungi, leaf mold and undergrowth, peat, turf, etc.) Termination of such activity.
  128. Management of woodland and other ligneous flora areas or change in the management practice thereof, including afforestation, planting of individual trees, scheduled cultivation or sanitary fellings, pruning, change of the structure of the storeys of stands and underwood. Termination of management activities in forest and other ligneous plant areas.
  129. Installation of drainage systems (including undeground drainage, polders, dykes and water sealing).
  130. Modification of the structure of water courses (including rivers, streams, springs, channels, ditches and dams), management of their banks or courses by way of reinforcing, canalising, deepening or cleaning. Cleaning of lakes. Installation, repair and removal of protective dykes and polders.
  131. Management of aquatic and coastal flora. Termination of management.
  132. Change of the level of surface water bodies and ground waters. Use of water resources which may affect the level of surface water bodies and ground waters.
  133. Filling up of ditches, dams, drainage systems, ponds, meres, wetlands, caves, taluses and subsidences with dredged material or demolition.
  134. Fishing and acquaculture in inland water bodies and change in such practices, including recreational fishing.
  135. Fishing and acquaculture in coastal areas, capture and extraction of aquatic fauna, including the use of traps and cages.
  136. Reclamation of land from the sea, river deltas or marshes.
  137. Installation of facilities for the protection of coastal areas from erosion, including structures in water, fortification of the coast, stabilisation of slopes and other coastal management measures.
  138. Mineral extraction, including digging of ground and deep layers of the soil.
  139. Construction, destruction, removal or reroading of roads, paths, fences, dams, dykes, ditches and other structures from dredged material. Installation, repair or removal of pipelines, cables and other overground or underground lines.
  140. Reconstruction or demolition of structures which contain seasonal or permanent shelters of protected animal species and repair of such structures which may cause disturbance to protected animal species or restrict access to their shelter.
  141. Building of temporary and permanent structures, engineering works, including drilling.
  142. Change of natural or artificial characteristics of the relief of land surface. Removal of boulders and other large stones. Reinforcement or destruction of slopes, screes and exposures.
  143. Use of land and water motor vehicles which may affect or cause disturbance to protected species.
  144. Organization of leisure services, excursions and other recreational or cognitive activities which may cause damage to the location sites and habitat sites of protected species or deterioration of conditions therein, and cause disturbance to animals of protected species.
  145. Hunting of wild animals and regulation of the populations thereof or change in such practice. Annex 2 to Republic of Lithuania Law on the Protected Species of Fauna, Flora and Fungi LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
  146. Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 2004 special edition, Chapter 15, Volume 1, p. 98) with the latest amendments adopted by Council Directive 2006/105/EC of 20 November 2006 (OJ 2006 L 363, p. 368).
  147. Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 2004 special edition, Chapter 45, Volume 2, p. 102) with the latest amendments adopted by Council Directive 2006/105/EC of 20 November 2006 (OJ 2006 L 363, p. 368). ______________

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