Order No. 98 of the Minister of Environment and Natural Resources on the Approval of the Statute of Rules and registry methods of animal world objects accounting on the limited territory of the state forest fund

Registered at the Ministry of Justice Registry code 360.160.000.11.103.005.524 # 98 order Of the Minister of Environment and Natural Resources 4 October 2002 Tbilisi On the Approval of the Statute of “Rules and registry methods of animal world objects accounting on the limited territory of the state forest fund” On the basis of the paragraph 5 of article 86 and c, b) paragraph of article 116 of “Forest Code of Georgia” (22 June 1999 N2124-IIÓ), for the purpose of fulfillment of the legal provisions regulated by these articles I order: 1. Hereinafter statute on “Rules and registry methods of animal world objects accounting on the limited territory of the state forest fund” shall be approved. 2. This statute shall become effective immediately upon its publication. Nino Chkhobadze Statute on “Rules and accounting methods of animal world objects on the limited territory of the state forest fund” Chapter 1. General Provisions Article 1. Normative act based on which and for whose fulfillment the statute has been published This statute has been elaborated on the basis of paragraph 3 of article 29 of “Law of Georgia on Animal World” and paragraph 5 of article 86 and c.b) paragraph of article 116 of “Forest Code of Georgia” in order to meet requirements of these laws. Article 2. Subjects to regulation This statute regulates public relationship between state institutions and individual and legal entities (notwithstanding their property and organizational-legal structure) within the sphere of accounting of animal world objects on the limited territory of the state forest fund. Article 3. Statute coverage 1. The statute covers state forest fund of Georgia (state industrial forest fund, local forest fund lands as well as agricultural, special and unutilized lands of state forest fund, those lands of protected forest fund where, considering their category, regime of protection and functional-territorial location, establishment of hunting economy is acceptable), where for establishment of hunting economy, in order to segregate lands for hunting, animal world objects accounting is to be done. Article 4. System of Legislation within the sphere of animal world objects accounting on the limited territory of the state forest fund System of Legislation within the sphere of rules and accounting methods of animal world objects on the limited territory of the state forest fund consists of Constitution of Georgia, “Law on Environment Protection”, “Law on Environmental Permits”, “Forest Code of Georgia”, “Law on Animal World” as well as other legislative and normative acts. Article 5. Goals and aims of the statute 1. The purpose of the statute is setting up the rules and accounting methods for animal world objects on the limited territory of the state forest fund or on some premises of this territory for the purpose of appropriation of hunting premises initiated by those institutions which are envisaged by articles 15-16 of “Forest Code of Georgia” (as well as in accordance with “Law on Animal World” by the Ministry of Environment and Natural Resources). 2. The aim of the statute is regulation of legal relationship within the sphere of animal world objects accounting. Chapter 2. Separation of competence within the sphere of regulation of relationship concerning the rules and accounting methods for animal world objects on the limited territory of the state forest fund Article 6. competence within the sphere of regulation of relationship concerning the rules and accounting methods for animal world objects on the limited territory of the state forest fund Elaboration of the rules and accounting methods for animal world objects on the limited territory of the state forest fund is within the competence of the Ministry of Environment and Natural Resources upon the agreement with the Forestry and Protected Territories and Reserved Area and Hunting Economy State Departments. Chapter 3. Main Provisional Articles Article 7. Rights and Responsibilities 1. For the purpose of selection of hunting premises, agencies stipulated by the articles 15-16 of “Forest Code of Georgia” (as well as the Ministry of Environment and Natural Resources) are entitled to account animals on the territories or on some premises of the territories under their operation where according to the paragraph 2 of the article 29 of “The Law on Animal World” the Ministry of Environment and Natural Resources has not yet carried out required activities for establishment of hunting economy and for this purpose in order to appropriate hunting premises preliminary ecological and bio-economical research has not carried out, animal world objects accounting and notation on their condition, enumeration of wild animal and activities for issuance of summary report on establishment of hunting economy. 2. Agencies considered by the articles 15-16 of “Forest Code of Georgia” report the information on animal world objects accounting to the Ministry of Environment and Natural Resources for summary report. The report shall be made in writing. If it is needed information may be reported by electronic means of communication as well. 3. On the territories where animal world objects accounting has been done according to this provision, agencies considered by the articles 15-16 of “Forest Code of Georgia” shall carry out further activities only according to the rules and procedures of “Law on Animal World” for the purpose of establishment of hunting economy. Article 8. Methods for animal world objects accounting 1. For establishment of hunting economy on the limited territory of the state forest fund or on some premises of this territory all the species of animal world is subject to accounting notwithstanding: a) Whether or not they are protected by Georgian legislation (whether or not they are entered in the Red Book and in the Red List and whether or not they are protected by other legislative acts); b) Whether or not they are protected by international conventions, international agreements or by other international acts; c) Whether or not they have nutritive or other value; 2. For establishment of hunting economy on the selected premises the following methods shall be applied: a) If it is not necessary for the population of an animal subject to accounting or it’s precise enumeration is not possible, method of density indexation shall be applied; b) if in population of animals to be accounted selective hunting is carried out, the Clerk method shall be applied; c) if in population of animals to be accounted nonselective hunting is carried out, the Leslie or De Loore census method shall be applied; d) if population is not subject to hunting and simultaneously population density is low, fixed-width transects accounting shall be used; e) if population is not subject to hunting and simultaneously population density is high, non fixed-width transects accounting shall be used; 3. Time-limit for the opinion preparation envisaged by the paragraph 2 of article 29 of “The Law on Animal World” is regulated by the order (#67 30/05/02) on “For issuance of opinion for establishment of hunting economy and for appropriation of hunting premises, preliminary ecological and bio-economical research, enumeration of animal world objects and notation on their condition, accounting wild animal and for issuance of summary report on establishment of hunting economy of the Ministry of Environment and Natural Resources” of the Ministry of Environment and Natural Resources. (registration 03.06.02 N360.160.000.111.03.005.327). 4. For elaboration of accounting results the following programs shall be applied: Populus, Vortex, Distance. 5. For elaboration of accounting and results it is acceptable to apply those methods which is considered to be an updated or/and substitute modern versions of methods stipulated by the paragraph 2 of this article within the sphere of animal accounting science. Article 9. Rules for animal world objects accounting 1. Composition of group of experts, which conducts bio-economical examination of premises appropriated for establishment hunting economy, carries out notation of condition and accounting of animal world objects, sets up the norms for animal accounting and hunting and establishes the corresponding report, is approved by agencies stipulated by articles 15-16 of “Forest Code of Georgia” 2. If hunting premises, selected for animal world objects accounting, covers territories of different form of property rather than state property, in case of the owner’s consent on preliminary appropriation of these premises, animal world objects accounting is conducted according to the methods and rules regulated by this provision. 3. Results of accounting, initiated by agencies stipulated by articles 15-16 of “Forest Code of Georgia”, are the additional grounds for selection of premises for establishment of hunting economy. 4. Animal world objects accounting documents produced for opinion shall include the following details: a) location and area of the territory to be examined; b) time for accounting; c) methods for accounting; d) brief annotation of biotopes; e) ecological condition of premises; f) list of accounted species of animals; g) quantity, density and hunting quotas of hunting objects; h) required biotechnical activities and assumed investment volume; i) zoning of premises according to the purpose of local economy. 5. In the course of accounting of premises data of state accounting and state cadastre (if there is any) on groups of animal species on these territories as well as data on identification of list of objects for special application of animal world can be applied. Article 10. Issues related to financing animal world objects accounting and work of group of experts: 1. For the purpose of selection of hunting premises, agencies entitled by the articles 15-16 of “Forest Code of Georgia” when accounting animal world objects on the territory or on some premises of the territory under their operation are entitled to utilize state and local budget as well as private finances of individual persons and legal entities. 2. Private financing can be done by investors willing to get license (general) for establishment of hunting economy or to get license (general or single) for utilization of animal world objects. In this case priority is given to the investors willing to get license for utilization of animal world objects. Chapter IV. Conclusive Provisions Article 11. Changes and amendments to the provisions Changes and amendments shall be made to the provision by the Ministry of Environment and Natural Resources in accordance with the legislation. Article 12. responsibilities for violation of the provisions The responsibility for violation of this provision shall be borne in accordance with the legislation of Georgia.