Cabinet Regulation No. 1165 of 2010 on Procedures for Issuing Permits for Acquiring Individuals of Non-Game Species, for Introducing Wild Species Uncharacteristic to the Nature of Latvia (Introduction), and Restoring Populations of Species in the Nature (Re-Introduction)

Translation © 2015 Valsts valodas centrs (State Language Centre) Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of: 14 August 2012 [shall come into force on 1 January 2013]; 5 March 2013 [shall come into force on 1 May 2013]. If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph. Republic of Latvia Cabinet Regulation No. 1165 Adopted 21 December 2010 Procedures for Issuing Permits for Acquiring Individuals of Non-Game Species, for Introducing Wild Species Uncharacteristic to the Nature of Latvia (Introduction), and Restoring Populations of Species in the Nature (Re-Introduction) Issued pursuant to Section 4, Clause 5, Section 20, Clause 7 of the Law On the Conservation of Species and Biotopes, Section 10, Clause 5 of the Animal Protection Law, and Section 11 Paragraph two of the Hunting Law [5 March 2013] I. General Provisions 1. This Regulation prescribes the procedures for: 1.1. issuing permits for acquiring and keeping in captivity individuals of non-game species and, as well as for acquiring individuals of game-bird species, provided they are acquired in situations permitted by the Hunting Law and outside the hunting periods stated by the laws and regulations governing hunting (hereinafter – permit for acquisition of individuals of non-game species); 1.2. introducing wild species uncharacteristic for Latvian nature, including animal species (hereinafter – introduction), and issuing introduction permits; 1.3. restoring populations of species in the wild, including animal population (hereinafter – re-introduction), and issuing reintroduction permits; 1.4. handling public consultations regarding re-introduction of species. [5 March 2013] 2. A person willing to get a permit for acquiring non-game species (hereinafter – permit applicant) shall submit to the Nature Conservation Agency (hereinafter – Agency) an application in accordance with the form in Annex 1 to this Regulation. Translation © 2015 Valsts valodas centrs (State Language Centre) 2 II. Procedures for Issuing a Permit for Acquiring Individuals of Non-Game Species 3. A permit for acquiring individuals of non-game species is not required: 3.1. if the individual of non-game species directly endangers health or life of humans; 3.2. if an individual of non-game species is in helpless condition and has to be transported to an animal shelter, animal rehabilitation centre, or a registered zoo. [5 March 2013] 4. Before issuing a permit for acquiring individuals of non-game species, the Agency shall verify the legality and scientific justification of the action, stated in the application and its accompanying documents described in the Paragraph 2 of this Regulation. The Agency shall issue the above permits in accordance with the requirements laid down in Section 14, Paragraphs one, two, three, four and five of the Law On the Conservation of Species and Biotopes, and Section 3, Paragraphs six and seven of the Hunting Law. [05 March 2013] 5. The Agency shall not issue a permit for acquiring individuals of non-game species if: 5.1. the planned acquisition is contrary to the laws and regulations for acquiring and disturbing specially protected species; 5.2. permit applicant has not submitted a report on the previous acquisition. 6. [5 March 2013] 7. Sample forms of permit for acquiring individuals of non-game species are shown in Annex 2 to this Regulation. 8. The Agency may cancel a permit for acquiring individuals of non-game species if: 8.1. the application referred to in Paragraph 2 of these Regulations states false information on the planned activities; 8.2. the acquired individuals of non-game species are not being used for the purposes stated in application referred to in Paragraph 2 of this Regulation; 8.3. the terms of permit for acquiring individuals of non-game species are not complied with. 9. A person who has received a permit for acquiring individuals of non-game species, shall submit a report to the Agency concerning the acquired individuals of non-game species within 30 days since the permit's expiry date. III. Introduction Procedures 10. A person who wishes to carry out the introduction (hereinafter – introduction initiator), shall submit an application to the Agency. 11. To the application described in the Paragraph 10 of this Regulation, the introduction initiator shall attach economic or social justification for the pressing need of such introduction, environmental impact assesment, and scientific justification. 12. Before issuing a permit for introduction, the Agency shall verify the legality and scientific justification of the action that is noted in the application and its accompanying documents referred to in the Paragraph 10 of this Regulation. 13. The Agency shall not issue an introduction permit if: Translation © 2015 Valsts valodas centrs (State Language Centre) 3 13.1. there is no pressing economic or social need for such introduction; 13.2. the environmental impact assessment is not performed, or according to the environmental impact assessment, such introduction will have a negative impact on the environment; 13.3. introduction is contrary to precautionary or evaluation principles set by laws and regulations governing environmental preservation. 14. If an introduction permit is issued, the Agency shall send a copy of the introduction permit to the local government in the administrative territory of which the permit holder intends to perform the introduction. 15. The Agency shall have the right to cancel the introduction permit if: 15.1. the application referred to in Paragraph 10 of this Regulation states false information on the planned activities; 15.2. the species animals are not being used for the purposes stated in the application referred to in the Paragraph 10 of this Regulation; 15.3. the terms of introduction permit are not complied with; 15.4. additional information is obtained on harmful effects to the environment caused by population's introduction. IV. Re-Introduction Procedures 16. A person who wishes to perform re-introduction (hereinafter – the re-introduction initiator) shall organize a public consultation on the planned operation. 17. Re-introduction initiator shall: 17.1. publish in the gazette Latvijas Vēstnesis and in the local newspapers the administrative area of which might be affected by the planned operations, and send a notification to the local governments regarding the options to get acquainted with the planned re-introduction project, and the place and time of its public consultation. The local governments shall post this information in the municipal buildings and, if possible, in other public spaces; 17.2. prepare and electronically submit to the Agency for posting on its website, a notification on the public options to become acquainted with the project of the planned re introduction and a detailed description of the planned activities, as well as post this information on its own website, if any. 18. The notification about the public options to become acquainted with the project of planned re-introduction shall include the following information: 18.1. planned activities; 18.2. name, address, telephone number, website, if any, of the re-introduction initiator; 18.3. time and location where the public can obtain information about and get acquainted with the planned re-introduction project; 18.4. the deadline for the public to submit written feedback and proposals. The above time period shall be at least 60 days from the date the notification was published in Latvijas Vēstnesis. 19. When the period for submitting feedback and proposals is expired, the re-introduction initiator shall gather feedbacks and proposals and organize a public consultation regarding the re-introduction. Translation © 2015 Valsts valodas centrs (State Language Centre) 4 20. In order to obtain the re-introduction permit, the re-introduction initiator shall submit an application to the Agency. The following shall be attached to the application: 20.1. the scientific justification that the designated area (region) is ecologically suitable for re-introduction; 20.2. justification that the most ecologically and genetically kindred populations have been selected for re-introduction; 20.3. studies on how reasonable it is to re-introduce species that are native to their territory, if this can contribute to conservation of such species; 20.4. studies on the re-introduction as an effective means to restore a favourable conservation status of the species, taking into account the experience of other countries; 20.5. information on how the donor population structure and self-regeneration ability will be preserved; 20.6. information about how the protection regime will be ensured to the population to be re-introduced; 20.7. information on the public consultation results and copies of submitted written feedback, proposals, and opinions. 21. Before issuing a permit for re-introduction, the Agency shall verify the legality and scientific justification of the action that is noted in the application and its accompanying documents that are described in the Paragraph 20 of this Regulation, and shall require an opinion of a relevant expert. 22. The Agency shall not issue a re-introduction permit if: 22.1. the planned re-introduction is contrary to the laws and regulations governing species re-introduction; 22.2. the re-introduction is contrary to precautionary or evaluation principles set by laws and regulations governing environmental preservation; 22.3. the factors that caused the extinction of the species in the wild are not eliminated. 23. If a re-introduction permit is issued, the Agency shall send a copy of the re-introduction permit to the local government in the administrative territory of which the permit holder intends to perform the re-introduction. 24. The Agency shall have the right to cancel the re-introduction permit if: 24.1. the application referred to in the Paragraph 20 of this Regulation states false information on the planned activities; 24.2. the species individuals are not used according to the re-introduction goals stated in the application referred to in the Paragraph 20 of this Regulation; 24.3. the terms of re-introduction permit are not complied with; 24.4. additional information is obtained on harmful effects to the environment caused by re-introducing the population. V. Final Provisions 25. Cabinet Regulation No. 34 of 23 January 2001, Procedures for Acquiring of Individuals of Non-game Species, Introduction of Wild Animals not Characteristic to the Nature of Latvia, as Well as for Issue of Permits for Renewal of Animal Populations in the Nature (Latvijas Vēstnesis, 2001, No. 15), is repealed. Translation © 2015 Valsts valodas centrs (State Language Centre) 5 26. The permits for acquiring non-game species animals that are issued before the day this Regulation came into force, shall be valid until the end of the term specified therein. Prime Minister, Minister for Regional Development and Local Government V. Dombrovskis Acting for the Environment Minister, Minister for Welfare, I. Jurševska Translation © 2015 Valsts valodas centrs (State Language Centre) 6 Annex 1 To Cabinet Regulation No. 1165 Adopted 21 December 2010 [14 August 2012, 5 March 2013] Application for a Permit for Acquiring Individuals of Non-Game Species 1. Permit applicant (given name, surname, personal identity number, address, and telephone number of a natural person or the name, registration number, legal address, and telephone number of a legal person) 2. Name of the species 2.1. Latin name of the species 2.2. Latvian name of the species 3. Status of the species (tick the appropriate) O Especially protected species or especially protected species of birds or mammals with restricted use O Especially protected species or especially protected species of reptiles or amphibian with restricted use O Especially protected species or especially protected species of invertebrate with restricted use O Game-bird species which will be acquired outside the hunting periods stated by laws and regulations governing hunting O Other 4. Specimens to be acquired (tick the appropriate or indicate "other") O Live animals O Dead animals O Sample extraction from live animals (e.g., blood, hair samples) for scientific research purposes O Eggs O Un-hatched eggs or shells O Nests O Other 5. Quantity (number) 6. Action justification 7. Place of acquiring 8. Time of acquiring 9. Means, devices, techniques, or methods of acquiring (tick the appropriate or indicate "other") O O O O O Capturing vertebrates using traps using nets using snares using glue Translation © 2015 Valsts valodas centrs (State Language Centre) 7 O O O manually by sedating other O momentarily capturing, to obtain the required samples, to mark or to ring animals, or to equip animals with transmitters O O O O O Killing vertebrates by shooting by poisoning by sedating other O O O O Acquiring invertebrates manually by entomological net other O Deliberate disturbance of the species O Removing eggs, nests, and shells O Collecting dead specimens O Other 10. Alternative acquiring methods 11. Purpose of acquisition (tick the appropriate or indicate "other") O In the interests of protecting wild fauna and flora and the preservation of biotopes O In order to prevent serious damage, in particular to crops, livestock, forests, fisheries, waters, and other types of property O In the interests of public health and safety O In social or economic interests O In the interests of flight safety O In order to ensure environmentally beneficial changes of primary importance O For the purposes of research and studies, for restoring population, performing re-introduction of species, and the breeding necessary for these purposes O For acquiring, keeping or other reasonable, selective, and limited usage of specimens of certain species in strictly controlled conditions O Other (in other vital interests) 12. Scientific justification of the action Person responsible (given name, surname, personal identity number, address, and telephone number) (date) (given name, surname, signature) Acting for the Environment Minister, Minister for Welfare, I. Jurševska Translation © 2015 Valsts valodas centrs (State Language Centre) 8 Annex 2 To Cabinet Regulation No. 1165 Adopted 21 December 2010 [14 August 2012, 5 March 2013] Permit for Acquiring Individuals of Non-Game Species No. . 20 Issued to (given name, surname, personal identity number, address, and telephone number of a natural person or the name, registration number, legal address, and telephone number of a legal person) In the time period from . 20 until . 20 , permission to acquire (use) Name of species (Latin name of the species and Latvian name of the species) Quantity (number) Place of acquiring or keeping (region, county, or parish) Type of specimens to be acquired Means, devices, techniques, or methods of acquiring Purpose of acquisition Surveillance measures, risks, and additional conditions of the permit Person responsible (given name, surname, personal identity number, address, and telephone number) Official (given name, surname) (signature) Acting for the Environment Minister, Minister for Welfare, I. Jurševska