Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
15 September 2005 [shall
come into force on 11 October 2005];
26 October 2006 [shall come into force on 1 January
2007];
7 May 2009 [shall come into force on 10 June 2009];
12 June 2009 [shall come into force on 1 July
2009];
1 December 2009 [shall come into force on January
2010];
10 June 2010 [shall come into force on 14 July
2010];
16 December 2010 [shall come into force on 1 January
2011];
13 October 2011 [shall come into force on 1 January
2013];
15 December 2011 [shall come into force on 1 January
2012];
29 November 2012 [shall come into force on 1 January
2013];
6 November 2013 [shall come into force on 1 January
2014];
19 March 2014 (Constitutional Court Judgment) [shall come
into force on 21 March 2014];
8 October 2015 [shall come into force on 28 October
2015];
21 September 2017 [shall come into force on 13 October
2017];
4 June 2020 [shall come into force on 16 June
2020];
25 November 2021 [shall come into force on 21 December
2021];
22 June 2023 [shall come into force on 29 June 2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
Law on the Conservation of Species
and Biotopes
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in this Law:
1) biotopes - terrestrial or aquatic areas
distinguished by specific geographic, abiotic, and biotic
features, whether entirely natural or semi-natural;
2) habitat - an aggregate of certain specific abiotic
and biotic features in the territory in which a species lives at
any stage of its biological cycle;
21) individual - a living animal, and also a
dead animal, plant, lichen or part thereof, or a product in the
accompanying documents, labelling, on the package or label of
which it is indicated that it contains a part of a plant, lichen
or dead animal;
3) micro-reserve - the territory which is determined in
order to ensure the conservation of the specially protected
species or biotope outside specially protected nature
territories, and also in the specially protected nature
territories if any of functional zones fails to ensure that;
4) population - a group of individuals of one species
which inhabits a specific territory or biotope;
5) species - species of wild fauna, birds, plants,
mushrooms, and lichens (also subspecies) within the scientific
meaning thereof;
6) introduction of species - introduction of species
non-characteristic to the nature of Latvia;
7) re-introduction of species - re-population of
previously disappeared species.
[7 May 2009]
Section 2. Purposes of this Law
The purposes of this Law are:
1) to ensure biodiversity through the conservation of fauna,
flora, and biotopes;
2) to govern the conservation, management, and supervision of
species and biotopes;
3) to promote the preservation of populations and biotopes in
accordance with economic and social preconditions, and also
cultural and historical traditions;
4) to govern the procedures for the determination of the
specially protected species and biotopes;
5) to ensure the implementation of the necessary measures in
order to maintain the number of populations of wild bird species
living in the wild (hereinafter - the birds) according to the
requirements of ecology, science, culture and taking into account
the requirements of economy and recreation or in order to
facilitate the approximation of the population of these species
to the abovementioned level.
[26 October 2006]
Section 3. Scope of Application of
this Law
This Law shall govern the matters that are related to:
1) species of plants, mushrooms, and lichens, the habitats
thereof, individuals of these species in all stages of the
development thereof, and also the recognisable parts of the
individuals of species;
2) animal species, the habitats thereof, individuals of these
species in all stages of the development thereof, as birds' eggs
and nests, and also dead individuals or the parts thereof;
3) the specially protected biotopes;
4) the international trade in specimens of endangered species
of wild fauna and flora.
[26 October 2006]
Section 3.1 Habitats and
Species of Significance in the European Union
(1) Natural habitat types are of significance in the European
Union if they conform to at least one of the following
characteristics:
1) the habitat is in danger of disappearance in its natural
range;
2) the habitat has a small natural range due to its regression
or its intrinsically restricted area;
3) the habitat presents outstanding example of typical
characteristics of one or more of the following biogeographical
regions: Alpine, Atlantic, the Black Sea, Boreal, Continental,
Macaronesian, Mediterranean, Pannonian, and Steppic.
(2) Priority natural habitat types are natural habitat types
in danger of disappearance for the conservation of which the
European Union has particular responsibility in view of the
proportion of their natural range which falls within the
territory of the European Union.
(3) Species are of significance in the European Union if they
conform to at least one of the following characteristics:
1) they are endangered (except for those species whose natural
range is marginal in that territory and which are not endangered
or vulnerable in the western palearctic region);
2) they are vulnerable, i.e. believed likely to move into the
endangered category in the near future if the causal factors
continue operating;
3) they are rare, i.e. with small populations that are not at
present endangered or vulnerable, but are at risk. Specimens of
these species are located within restricted geographical areas or
are thinly scattered over a more extensive range;
4) they are endemic and requiring particular attention by
reason of the specific nature of their habitat or the potential
impact of their exploitation on their habitat or the potential
impact of their exploitation on their conservation status.
(4) Priority species are such species for the conservation of
which the European Union has particular responsibility in view of
the proportion of their natural range which falls within the
territory of the European Union.
(5) Protection of natural habitats and species of significance
in the European Union shall be ensured in Latvia in accordance
with the laws and regulations regarding the environmental
protection.
[10 June 2010]
Chapter II
State Administration in the Conservation of Species and
Biotopes
Section 4. Competence of the
Cabinet
The Cabinet shall determine:
1) the lists of the specially protected species and the
specially protected species whose use is limited;
2) the lists of the types of specially protected biotopes, and
also the features characterising the specially protected forest,
bush, and marsh biotopes;
3) recompense for the destruction or deterioration of
individuals of the specially protected species and biotopes;
4) the procedures for the establishment of micro-reserves and
regulations for the conservation and management thereof;
5) the procedures for the issuance of the permits specified in
this Law;
6) the procedures by which the amount of such losses for users
of land which are related to significant damage caused by the
specially protected non-game species and migratory species of
animals and the minimum requirements for the necessary protection
measures for the prevention of damages shall be determined;
7) the list of priority species and biotopes of the European
Union encountered in Latvia;
8) the amount of the State fee for the issuance of the permit
(hereinafter - the CITES permit) and certificate (hereinafter -
the CITES certificate) specified in the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
signed at Washington in 1973, and also the procedures for the
payment of the fee and reliefs;
9) the list of those bird species to which special measures
for the protection of habitats are to be applied in order to
ensure the survival and reproduction of species in the natural
range;
10) the list of those bird species to which the prohibition
referred to in Section 11, Clause 5 of this Law is not applied,
if the permit specified in the laws and regulations governing the
hunting or nature protection has been received;
11) the list of those bird species to which the prohibition
referred to in Section 11, Clause 5 of this Law is not applied,
if the permit of the European Commission and Nature Conservation
Agency has been received;
12) the procedures for keeping, registration, keeping in
captivity, labelling, issuance of certificates and trade of
specimens of species endangered by the international trade;
13) the amount of the State fee for the registration of the
wild animal endangered by the international trade, and also the
procedures for payment and reliefs of this fee;
14) [10 June 2010];
15) the list of those animal species and plant species of the
European Community significance for which the protection is
necessary;
16) the list of those specimens of animal species and plant
species of the European Community significance for the
acquisition of which in the wild the conditions for restricted
use may be applied;
17) the procedures for the certification of experts and the
procedures for the issuance and registration of certificates, for
the extension of the term of validity and the annulment thereof,
and also the procedures for the supervision of activities of the
certified persons, the content of the opinion of an expert and
the minimum requirements included therein;
18) the criteria for the repopulation of specially protected
biotopes and of natural habitats of specially protected species
in forest and the procedures for the issuance of a permit for
repopulation;
19) the procedures for the maintenance of the State register
of micro-reserves, specially protected species, their natural
habitats and specially protected biotopes included in the nature
data management system and for the updating of data and
circulation of information;
20) the procedures for the determination of micro-reserve
buffer zones.
[15 September 2005; 26 October 2006; 7 May 2009; 10 June
2010; 13 October 2011; 29 November 2012; 8 October 2015; 21
September 2017]
Section 5. Competence of the
Ministry of Environmental Protection and Regional Development and
Institutions Subordinated Thereto
The Ministry of Environmental Protection and Regional
Development and institutions subordinated thereto, in accordance
with this Law:
1) shall ensure supervision of the conservation of the
specially protected species and biotopes;
2) shall organise the performance of the necessary measures in
order to maintain the populations of the specially protected
species and, if necessary, ensure the creation of biotopes;
3) for the purpose of ensuring favourable protection of
species and biotopes on the basis of the monitoring results,
shall ensure the performance of measures for the preservation,
maintenance, renewal of diversity and territory of all species
and biotopes, especially the priority types of natural biotopes
and priority species, renewal of destroyed biotopes and
protection of species;
4) shall determine the procedures for the development of
management plans for the specially protected species and
biotopes, and promote the introduction of these plans;
5) may propose to restrict, suspend, or prohibit the use of
species and biotopes, if it could endanger the existence of
populations and biotopes;
6) shall issue the permits specified in this Law, and also
cancel them, if the relevant actions endanger the state of local
wild species and biotopes;
7) shall prepare the report referred to in Section 16 of this
Law and publish it in the gazette Latvijas Vēstnesis;
8) shall ensure monitoring of the specially protected species
and biotopes and keep records of the cases of accidental capture
and killing of individuals of the specially protected
species;
9) shall determine micro-reserves (except for forest lands and
the spawning places of the specially protected fish species);
10) shall determine micro-reserves in the nature reserves and
national parks determined in laws;
101) shall ensure the preparation of reports in
accordance with the requirements of the Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna and flora and Directive 2009/147/EC of the
European Parliament and of the Council of 30 November 2009 on the
conservation of wild birds and the time periods referred to in
the abovementioned directives, and also prepare reviews on
reports and submit them to the Cabinet before submission of the
reports to the European Commission;
11) shall ensure the submission of reports to the European
Commission;
12) shall issue the CITES permits and the CITES certificates.
The State fee shall be paid for the CITES permit and the CITES
certificate;
13) shall ensure the establishment of specially protected
nature territories for the conservation, maintenance, and renewal
of species and biotopes in accordance with the law On Specially
Protected Nature Territories;
14) shall ensure the maintenance and management of bird
species biotopes in the protected zones and outside them in
accordance with the requirements of ecology;
15) shall ensure the registration of wild animals endangered
by the international trade, the owners and holders thereof, and
also the registration of growers of plants endangered by the
international trade;
16) may determine the list of those specially protected
species and specially protected biotope types existing in
specially protected nature territories, and also the features
characterising the specially protected forest, bush, and marsh
biotopes, the disclosure of habitats or location of which may
harm environmental protection;
17) shall supervise the conservation status of the natural
habitats and species, with particular regard to priority natural
habitat types and priority species;
18) shall promote the educating and availability of
information on the necessity to protect wild fauna and flora, to
maintain biotopes, species and their habitats.
[15 September 2005; 26 October 2006; 7 May 2009; 16
December 2010; 8 October 2015; 21 September 2017]
Section 6. Competence of Other State
Authorities
(1) The Ministry of Education and Science shall promote the
researches and development of scientific works necessary for the
implementation of this Law.
(2) The State Forest Service shall determine the
micro-reserves in the forest lands (except for the forest lands
which are located in the territories referred to in Section 5,
Clause 10 of this Law) and ensure the supervision thereof in
accordance with the laws and regulations governing forest
management and use.
(3) The Ministry of Agriculture shall determine the
micro-reserves at the spawning places of the specially protected
fish species.
[7 May 2009; 1 December 2009]
Section 6.1 Certified
Experts in the Field of Protection of Species and Biotopes
An opinion of a certified expert in the field of protection of
species and biotopes shall be necessary to establish
micro-reserves and to recognise permanent meadows and pastures as
organically valuable grasslands, and also in the cases specified
in the laws and regulations regarding the nature protection plan
for specially protected nature territory and in other cases
specified in laws and regulations. An expert in the field of
protection of species and biotopes shall be certified according
to his or her experience and professional knowledge of the
specific species, group of species, or group of biotopes.
[10 June 2010; 13 October 2011]
Chapter III
Requirements for the Conservation of Species and Biotopes
Section 7. Favourable Conservation
Status of Species and Biotopes
(1) The conservation of species and biotopes is a series of
measures required for the preservation or restoration of
populations and biotopes in an optimal state.
(2) The task of the conservation of species shall be to ensure
the conditions which favourably influence the species and promote
an optimal distribution of the populations thereof and the number
of specimens in the populations. The conservation of a species
shall be considered as favourable, if its:
1) population dynamics data indicate that the species ensures
its existence on a long-term basis as a viable component of the
characteristic biotope;
2) the natural range of the species is neither being reduced
nor is likely to be reduced for the foreseeable future;
3) there is, and will probably continue to be, sufficiently
large habitats to maintain an optimal number of specimens in
populations on a long-term basis;
(3) The task of the conservation of a biotope shall be to
ensure the set of such factors which favourably influence the
biotope and its typical species and promote the natural
distribution, structure, and functions of the biotope, and also
long-term survival of its typical species. The conservation of a
biotope shall be considered as favourable when:
1) its natural range and the areas that it covers within that
range are stable or increasing;
2) the specific structure and functions which are necessary
for the long-term existence of the biotope exist and are likely
to continue to exist for the foreseeable future;
3) the favourable conservation of its typical species is
ensured.
(4) The priority in special areas of conservation and
micro-reserves is ensured for that species or biotope for the
conservation of which the relevant territory or micro-reserve has
been established.
[15 September 2005]
Section 7.1 Measures for
Ensuring of Favourable Conservation Status of Species and
Biotopes
(1) In order to ensure favourable conservation status for
those individuals of species of wild fauna and flora which are
used or obtained in the wild, the relevant competent State
authority or local government shall, on the basis of the results
of monitoring and studies, decide on the determination of the
following measures:
1) temporary or local prohibition of the taking of specimens
in the wild and exploitation of certain populations in the
relevant territory;
2) the conditions with respect to the time for acquisition of
individuals, and also the methods for acquisition of
individuals;
3) the hunting and fishing provisions appropriate for the
conservation of such populations;
4) establishment of a system of licences or quotas for
acquisition of individuals;
5) the provisions for the purchase, sale, offering for sale,
keeping for sale, or transport for sale of individuals,
6) breeding of animal species in captivity, and also
artificial propagation of plant species under strictly controlled
conditions, with a view to reducing the acquisition of
individuals of the wild,
7) other necessary measures.
(2) The Nature Conservation Agency shall compile the
information on the appropriate measures referred to in Paragraph
one of this Section and assess the impact thereof on the ensuring
of favourable conservation status of species and biotopes.
[7 May 2009]
Section 8. Conservation of the
Specially Protected Species, Biotopes, and Species of Migratory
Birds
(1) Endangered, disappearing, or rare species and biotope
types or species which inhabit specific biotopes shall be
included in the lists of the specially protected species and
biotope types. Specially protected species and biotopes are under
special State protection and information on them is included in
the register referred to in Section 4, Clause 19 of this Law.
(2) In order to ensure favourable conservation of the
specially protected species and biotopes, the micro-reserves may
be determined in the habitats thereof in accordance with the
procedures for the establishment of micro-reserves.
(21) New micro-reserves shall not be established in
territories of military training areas.
(3) The authority responsible for the determination of
micro-reserves in accordance with the regulations regarding the
conservation and management of micro-reserves shall notify the
land owners or users of the determination of micro-reserves.
(4) The norms of this Law shall be applicable also to
encountered migratory bird species which are not included in the
lists of the specially protected species.
(5) The information on locations of specially protected
species habitats and specially protected biotopes included in the
list referred to in Section 5, Clause 16 of this Law which are
existing in the specially protected nature territories shall be
deemed restricted access information. The status of restricted
access information shall be determined for the period while
specially protected species or specially protected biotope is
included in the abovementioned list and this information shall be
available in accordance with the Freedom of Information Law.
(6) A permit issued by the Nature Conservation Agency shall be
required for the repopulation of specially protected biotopes and
specially protected species habitats in a forest in case when the
forest is being deforested if the activity is not taken by the
Nature Conservation Agency.
[15 September 2005; 7 May 2009; 13 October 2011; 8 October
2015; 21 September 2017; 22 June 2023]
Section 8.1 Protection of
Bird Species
(1) In order to ensure the implementation of protection
measures for the bird species referred to in Section 4, Clause 9
of this Law, it shall be assessed:
1) which species are endangered;
2) which species are vulnerable to changes in their
habitat;
3) which species are considered as rare due to their
numerically small population or restricted local
distribution;
4) other species requiring particular attention for reasons of
the specific nature of their habitat.
(2) When performing the assessment of bird species, the trends
and variations in the development of the population shall be
taken into account. Specially protected nature territories shall
be established in accordance with the law On Specially Protected
Nature Territories for such bird species for which special
protection measures of habitats are implemented. The territories
which are the most appropriate for the number of birds in terms
of size shall be determined for the protection of bird species,
taking into account the conservation requirements in the
territory of the sea and land.
[26 October 2006]
Section 9. Obligations of Land
Owners or Users
Land owners or users have the following obligations:
1) to promote the preservation of the diversity of species and
biotopes;
2) to notify the Nature Conservation Agency of the changes in
the specially protected species and biotopes and factors that
deteriorate the state thereof, and also the non-conformity with
the conservation requirements;
3) not to restrict research, record keeping, and control of
the specially protected species and biotopes;
4) to ensure undisturbed rest and feeding of migratory animals
(also bird species which have not been included in the lists of
the specially protected species) during the migration season, to
introduce ecologically sound methods in order to prevent damage
caused by animals.
[15 September 2005; 29 November 2012; 8 October
2015]
Section 10. Right of Land Owners or
Users to Compensation
(1) A land owner or user has the right to receive a
compensation from the funds of the State budget specially
allocated for this purpose for significant damages caused by
animals of the specially protected non-game and migratory species
in the amount specified by the Cabinet if he or she has taken the
necessary protection measures and, using his or her knowledge,
skills, and practical possibilities, has introduced ecologically
sound methods in order to prevent or reduce losses. The land
owner or user is not entitled to receive the compensation if he
or she has maliciously promoted causing of losses caused to him
or her or increase in the amount thereof in order to receive the
compensation.
(2) Land owners have the right to receive the compensation
specified in laws and regulations regarding the restrictions on
economic activities in micro-reserves.
(3) The compensation for significant damages caused by animals
of the specially protected non-game species and migratory species
shall not be paid if other State, local government, or European
Union payments have been granted to the land owner or user which
are intended, directly or indirectly, for the same restrictions
of economic activity or significant damages caused by animals of
the specially protected non-game species and migratory species
for which the compensation has been provided for in laws and
regulations, and also in the case when the applicant receives
support in accordance with Regulation (EU) No 508/2014 of the
European Parliament and of the Council of 15 May 2014 on the
European Maritime and Fisheries Fund and repealing Council
Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No
1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011
of the European Parliament and of the Council.
[15 September 2005; 8 October 2015; 25 November
2021]
Section 11. Prohibited Activities
with Animals of the Specially Protected Species, Including
Birds
The following activities are prohibited in respect of animals
of the specially protected species, including birds, in all
stages of the development thereof:
1) all forms of deliberate capture or killing;
2) deliberate disturbance (particularly during the period of
breeding, rearing, moulting, hibernation, and migration) and
devastation of habitats;
3) deliberate destruction or damage of bird nests and eggs,
displacement of nests, picking and obtaining of bird eggs even if
empty;
4) destruction or deterioration of breeding sites;
5) keeping in captivity, transport, presenting as a gift, sale
or exchange, offering or keeping for sale or exchange (the
abovementioned activities are prohibited also in relation to dead
birds, and also to readily recognisable parts of such birds or
products thereof);
6) pollution of bird habitats, causing harm to them, or
disturbance of birds in any other way.
[26 October 2006]
Section 12. Prohibited Activities
with Plants, Mushrooms and Lichens of the Specially Protected
Species
The following activities are prohibited in respect of plants,
mushrooms, and lichens or the parts thereof in all stages of the
development:
1) picking, plucking, and uprooting, and also destruction of
the habitats;
2) growing, collection, transport, presenting as a gift, sale
or exchange, and also offering for sale or exchange of plants
taken in the wild.
Section 13. Acquiring of Individuals
of the Specially Protected Species
When acquiring individuals of the specially protected species
the favourable conservation of this species shall be ensured and
the provisions for acquiring specified in this Law shall be
observed. The individuals of non-game species are allowed to be
taken only by means of a single use permit.
[15 September 2005]
Section 13.1 Permit for
Keeping in Captivity, Transport, Presenting as a Gift, Sale or
Exchange or Keeping for Sale or Exchange of Birds
(1) Prior to the issuance of a permit for keeping in
captivity, transport, presenting as a gift, sale or exchange or
keeping for sale or exchange of the bird species referred to in
Section 4, Paragraph 11 of this Law, the Nature Conservation
Agency shall consult with the European Commission in order to
find out whether the trade in the specimens of the relevant
species may endanger the size, geographical distribution or
reproductive rate of the population of these species in the
territory of the European Community.
(2) The Nature Conservation Agency shall issue the permit upon
receipt of the recommendation of the European Commission. The
Nature Conservation Agency shall ensure the conformity with the
conditions for the issuance of the permit.
[26 October 2006]
Section 14. Provisions for the
Acquisition or Disturbing of Individuals of the Specially
Protected Species
(1) It is allowed to acquire or disturb individuals of the
specially protected species in exceptional cases, if there is no
satisfactory alternative and it does not damage the favourable
conservation of the relevant populations in the natural range
thereof for the following purposes:
1) in the interests of protecting wild fauna and flora and the
preservation of biotopes;
2) to prevent serious damage particularly to crops, livestock,
forests, fisheries, and water, and also other types of
properties;
3) in order to ensure the interests of public health
protection and public safety, or for other imperative interests,
also interests of social or economic nature, and beneficial
consequences of primary importance for the environment;
4) in order to repopulate the specially protected species for
the purpose of scientific research and education and to
re-introduce the relevant species, and also to perform the
breeding operations necessary for the purpose of achieving the
objective, including artificial propagation of plants;
5) to allow, under strictly supervised conditions, on a
selective basis and to a limited extent, the taking or keeping of
certain specimens of the species in limited numbers specified by
the Nature Conservation Agency.
(2) It is allowed to acquire or disturb individuals of bird
species in exceptional cases, if there is no satisfactory
alternative and it does not damage the favourable conservation of
the relevant populations for the following purposes:
1) in the interests of public health protection and public
safety;
2) in the interests of flight safety;
3) to prevent serious damage particularly to crops, livestock,
forests, fisheries, and water;
4) in order to protect fauna and flora;
5) for research and education, promoting repopulation,
re-introduction of species and the breeding necessary for such
purpose;
6) for capture, holding, or other sensible use of individual
birds under strictly supervised conditions and on a selective
basis.
(3) Any person, also a State or local government institution,
which requests the application of the derogation in the cases
referred to in Paragraphs one and two of this Section shall
submit information to the Nature Conservation Agency,
indicating:
1) the species which are subject to the derogation and the
reason for the derogation, including the nature of the risk,
with, if appropriate, a reference to alternatives rejected and
scientific data used;
2) the means, devices, or methods authorised for the capture
or killing of animal species, and also the reasons and
restrictions for their use;
3) the circumstances of when and where such derogation is
granted, and also other conditions for applying the
derogation.
(4) After evaluation of the possibility and justification for
the application of the derogation referred to in Paragraphs one
and two of this Section, the Nature Conservation Agency shall,
taking into account the information indicated in Paragraph three
of this Section, decide on:
1) the application thereof to the relevant species;
2) the resources, methods, devices, or techniques permitted
for the capture or killing of individuals;
3) the circumstances of when and where the derogation is
applicable, and also other conditions for the application of the
derogation;
4) the necessary supervisory measures.
(5) The Nature Conservation Agency shall compile information
on the cases when the derogation is applied, and also supervise
the conformity with the conditions on a case-by-case basis.
(6) The Ministry of Environmental Protection and Regional
Development shall, once in two years in relation to the cases
referred to in Paragraph one of this Section and each year in
relation to the cases referred to in Paragraph two of this
Section, aggregate information on derogations applied and ensure
the submission of reports to the European Commission in
accordance with the requirements of legal acts of the European
Union.
[10 June 2010; 16 December 2010; 29 November 2012]
Section 14.1 Provisions
for the Acquisition or Disturbing of Individuals of Bird
Species
[10 June 2010]
Section 14.2 Restrictions
for the Issuance of Permits if the Laws and Regulations Governing
the Protection of Species and Biotopes have been Violated
The permits specified in the laws and regulations governing
the protection of species and biotopes are not issued to a person
if the administrative fine for the violations in the field of
protection of species and biotopes has not been paid, if
rehabilitation measures have not been taken in accordance with
the procedures laid down in the laws and regulations governing
the field of environmental protection, or the losses caused by
damage to species and biotopes have not been compensated.
[4 June 2020]
Section 15. Specially Protected
Species with Limited Use
All the norms laid down in this Law, except for the conditions
referred to in Sections 13, 14, 22, and 23, shall be applicable
to individuals of the specially protected species with limited
use. It is allowed to acquire individuals of the specially
protected species with limited use in accordance with the
procedures laid down in laws and regulations, if it does not
damage the preservation of the population of the relevant species
at the favourable conservation status in the natural range
thereof. Limited use shall be allowed if it conforms to the
principles of rational use and ecological balance of the
resources of the relevant bird species
[15 September 2005; 26 October 2006; 29 November
2012]
Section 16. Provision of Information
to Public on the Acquisition of Individuals of the Specially
Protected Species
(1) Not less than once in two years, the Nature Conservation
Agency shall prepare a publicly available report on the
acquisition of individuals of specially protected species.
(2) The following information shall be included in the report
referred to in Paragraph one of this Section:
1) species that are subject to the exception and the reasons
for the exception;
2) a risk assessment, and also a reference to the alternatives
offered and rejected, and the scientific data used;
3) the means, devices, or methods with which frightening away,
capture, or killing of animals or birds has been committed;
4) the place and time of the application of the exception;
5) the authority authorised to declare and check how the
provisions are being conformed to, and to decide what means,
devices, or methods may be used, within what limits and by what
authorities it may be done, and which persons are to carry out
this task;
6) the supervisory measures implemented and the results
obtained.
(3) The Nature Conservation Agency shall publish the report
referred to in Paragraph one of this Section on its website and
ensure the availability of the report to the public.
[15 September 2005]
Section 17. Management Plans of
Species and Biotopes
If any species or biotope requires special management
measures, the management of the relevant species or biotope shall
be ensured in accordance with the management plan. The minister
responsible for environmental protection shall approve management
plans of species and biotopes.
Chapter IV
Introduction and Re-introduction of Species
Section 18. Provisions for the
Introduction of Species
(1) The introduction and release into nature of species
uncharacteristic to the nature of Latvia is prohibited.
(2) In order to satisfy emergency economic or social needs,
the introduction of species is permissible only with a permit
which is issued after the environmental impact assessment has
been carried out.
(3) The initiator of introduction shall monitor the introduced
populations and study the ecological effects of the introduction,
and submit the results of the monitoring research to the Nature
Conservation Agency every two years.
[15 September 2005]
Section 19. Conditions for the
Re-introduction of Species
If the re-introduction of a species is required for the
preservation or restoration of the species, the re-introduction
may be carried out upon the receipt of an each time permit issued
by the Nature Conservation Agency the basis of which is the
opinion of the expert in the relevant sector.
[15 September 2005]
Section 20. Provisions for the
Re-introduction of Species
The re-introduction of species is allowed, if:
1) the structure of the donor population and self-regeneration
ability is preserved;
2) the ecological suitability of the selected territory
(region) for the re-introduction is scientifically justified and
the population to be restored will be ensured the conservation
regime;
3) the most ecologically and genetically kindred populations
have been selected for the re-introduction;
4) the initiator of the re-introduction monitors the
re-introduced populations and studies the ecological effects of
the re-introduction, and submits the results of the monitoring
research to the Nature Conservation Agency every two years;
5) studies have been conducted to find out the justification
of re-introduction of species that are native to their territory
in the cases when this might contribute to the conservation of
such species;
6) studies have been conducted to justify that re-introduction
is effective means for the re-establishment of these species at a
favourable conservation status and that the experience of other
countries has been taken into account;
7) the public consultation has taken place in accordance with
the procedures stipulated by the Cabinet.
[15 September 2005; 7 May 2009]
Section 20.1 Time Limit
for Taking a Decision and Procedures for the Contestation
Thereof
(1) The Nature Conservation Agency shall take the decision to
issue the permit for the introduction or re-introduction of a
species within 90 days after receipt of the submission of the
initiator of the introduction or re-introduction or to refuse to
issue such permit.
(2) The decision taken by the Nature Conservation Agency to
issue the permit for the introduction or re-introduction or the
refusal to issue such permit may be contested to the State
Environmental Monitoring Bureau within a month after entering
into effect of the decision.
(3) The decision taken by the State Environmental Monitoring
Bureau may be contested to a court in accordance with the
procedures laid down in the Administrative Procedure Law. An
application to a court shall not suspend the operation of the
administrative act.
[15 September 2005]
Chapter V
Monitoring and Recording
Section 21. Necessity to Perform
Monitoring
In order to control the conservation of species and biotopes,
permanent monitoring and other studies shall be performed in
order to obtain:
1) lists where the species in danger of disappearing or
especially endangered species are included, taking into account
their natural range;
2) lists in which the sites especially important for migratory
species in the migration route thereof, and also wintering sites
and nesting sites of migratory species and the ecological
characterisation thereof are included;
3) data on the population size of migratory species in the
migration route, and also during wintering and nesting;
4) data on the size of species of migratory birds using the
ringing method;
5) data on the impact of hunting on the volume of the animal
population;
6) data on the introduction of ecologically sound methods in
order to prevent damage caused by animals;
7) data on the role of a particular species as indicators of
pollution;
8) data on the reverse impact of pollution on the size of
animal populations.
Section 22. Recording of
Incidentally Perished or Illegally Captured Animals
Each person has an obligation to notify the Nature
Conservation Agency of the case of illegal capture or incidental
killing of an animal or bird of the specially protected species
or finding of a dead animal or bird. The Nature Conservation
Agency shall keep the records of animals and birds captured
illegally or perished incidentally, or found dead in accordance
with the information received.
[8 October 2015]
Section 23. Dead Animals
(1) Stuffed animals of specially protected species may be made
only from game or non-game animals obtained legally or fish
obtained legally.
(2) The stuffed animals made of animals of specially protected
species are prohibited to be sold or used otherwise for
commercial purposes.
[8 October 2015]
Chapter VI
Administrative Offences in the Field of Protection of Species and
Biotopes and Competence in Administrative Offence
Proceedings
[4 June 2020 / Chapter shall
come into force on 1 July 2020. See Paragraph 18 of Transitional
Provisions]
Section 24. Administrative Offences
in the Field of Protection of Specially Protected Species and
Biotopes
For violating the requirements for the protection and use of
animals of specially protected species, including birds and fish,
and specially protected plant species, fungi, and lichens, and
also specially protected biotopes, a warning or a fine from three
to two hundred units of fine shall be imposed on a natural
person, but a fine from fourteen to three hundred and fifty units
of fine - on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Section 25. Administrative Offences
in the Field of the Laws and Regulations Governing the
Acquisition or Disturbing of the Individuals of Specially
Protected Species
For violating the requirements laid down in the laws and
regulation for the acquisition or disturbing of the individuals
of specially protected species, including birds and fish, and
individuals of specially protected species with limited use, a
warning or a fine from three to one hundred and forty units of
fine shall be imposed on a natural person, but a fine from
fourteen to two hundred and eighty units of fine - on a legal
person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Section 26. Administrative Offences
in the Field of Protection and Management of Micro-reserves
For violating the requirements laid down in the laws and
regulations governing the protection and management of
micro-reserves, a warning or a fine from six to one hundred and
forty units of fine shall be imposed on a natural person, but a
fine from fourteen to two hundred and eighty units of fine - on a
legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Section 27. Administrative Offences
in the Field of Introduction and Re-introduction of Species
For violating the requirements laid down in the laws and
regulations governing the introduction and re-introduction of
species, including release, introduction, or relocation thereof
in the wild, a warning or a fine from six to one hundred and
forty units of fine shall be imposed on a natural person, but a
fine from fourteen to two hundred and eighty units of fine - on a
legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Section 28. Administrative Offences
in the Field of the Laws and Regulations Governing the
Re-population of Specially Protected Biotopes and Specially
Protected Species Habitats in a Forest
For violating the requirements laid down in the laws and
regulations for the re-population of specially protected biotopes
and specially protected species habitats in a forest, a warning
or a fine from six to one hundred and forty units of fine shall
be imposed on a natural person, but a fine from fourteen to two
hundred and eighty units of fine - on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Section 29. Administrative Offences
in the Field of the Laws and Regulations Governing the Trade in
Specimens of Species of Wild Fauna and Flora Endangered by the
International Trade
For violating the requirements for the trade of specimens in
the territory of the European Union laid down in the laws and
regulations governing the trade in specimens of species of wild
fauna and flora endangered by the international trade, a warning
or a fine from fourteen to one hundred and forty units of fine
shall be imposed on a natural person, but a fine from twenty
eight to one thousand and four hundred units of fine - on a legal
person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Section 30. Administrative Offences
in the Field of the Laws and Regulations Governing the Storage,
Registration, Keeping in Captivity, Marking, Breeding, and Issue
of Certificates for Specimens of Species of Wild Fauna and Flora
Endangered by the International Trade
For violating the requirements laid down in the laws and
regulations governing the storage, registration, keeping in
captivity, marking, breeding, and issue of certificates for
specimens of species of wild fauna and flora endangered by the
international trade, a warning or a fine from fourteen to one
hundred and forty units of fine shall be imposed on a natural
person, but a fine from twenty eight to one thousand and four
hundred units of fine - on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Section 31. Competence in
Administrative Offence Proceedings
(1) The administrative offence proceedings for the offences
referred to in Sections 24, 25, 26, 27, 28, 29, and 30 of this
Law shall be conducted by the Nature Conservation Agency.
(2) The administrative offence proceedings for the offences
referred to in Sections 24, 25, 29, and 30 of this Law, provided
that they have been detected by the officials of the State
Police, shall be conducted by the State Police until examination
of the administrative case. The administrative offence case for
the offences referred to in Sections 24, 25, 29, and 30 of this
Law shall be examined by the Nature Conservation Agency.
(3) The administrative offence proceedings for the offences
referred to in Sections 24, 25, 26, 29, and 30 of this Law,
provided that they have been detected by the officials of the
municipal police, environmental inspectorate of a local
government, environmental control officials of a local
government, shall be conducted by the relevant official until
examination of the case. The administrative offence case for the
offences referred to in Sections 24, 25, 26, 29, and 30 of this
Law shall be examined by the Nature Conservation Agency.
(4) The administrative offence proceedings for the offences
referred to in Sections 24, 25, 26, 27, 28, 29, and 30 of this
Law, provided that they have been detected by the officials of
the State Environmental Service or the State Forest Service,
shall be conducted by the State Environmental Service or the
State Forest Service until examination of the administrative
offence case. The administrative offence case for the offences
referred to in Sections 24, 25, 26, 27, 28, 29, and 30 of this
Law shall be examined by the Nature Conservation Agency.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 18 of Transitional Provisions]
Transitional Provisions
[15 September 2005]
1. The Cabinet shall issue the regulations referred to in
Section 4, Clause 7 of this Law by 1 March 2006.
2. The Cabinet shall issue the regulations referred to in
Section 4, Clause 8 of this Law by 1 January 2007.
[26 October 2006]
3. The Cabinet shall issue the regulations referred to in
Section 4, Clause 12 of this Law by 1 November 2007.
[26 October 2006]
4. Section 4, Clauses 13 and 14 and Section 5, Clause 15 of
this Law shall come into force on 1 April 2010.
[7 May 2009]
5. The Cabinet shall issue the regulations referred to in
Section 4, Clauses 15 and 16 of this Law by 1 January 2010.
[7 May 2009]
6. The Cabinet shall issue the regulations referred to in
Section 4, Clause 17 of this Law by 1 October 2009.
[7 May 2009]
7. Section 6.1 of this Law shall come into force on
1 April 2010.
[7 May 2009; 1 December 2009]
8. The compensation for significant damages caused by animals
of the specially protected non-game and migratory species shall
not be calculated and disbursed in 2009, 2010, and 2011.
[12 June 2009 / Recognised as non-conforming to
Articles 1 and 105 of the Constitution of the Republic of Latvia
by the Judgment of the Constitutional Court of 19 March 2014
which enters into effect on 21 March 2014]
9. An opinion of a certified expert in the field of protection
of species and biotopes shall be required, if the drawing up of a
nature protection plan for specially protected nature territory
is commenced after 1 September 2010.
[10 June 2010]
10. The Cabinet shall issue the regulations referred to in
Section 4, Clause 18 of this Law by 30 June 2013.
[13 October 2011; 29 November 2012]
11. The compensation for significant damages caused by animals
of the specially protected non-game and migratory species shall
not be calculated and disbursed in 2012 and 2013.
[15 December 2011]
12. The Cabinet shall issue the regulations referred to in
Section 4, Clause 19 of this Law by 31 December 2013.
[29 November 2012]
13. The Cabinet shall issue the regulations referred to in
Section 4, Clause 20 of this Law by 1 January 2013.
[29 November 2012]
14. The compensation for significant damages caused by animals
of the specially protected non-game species and migratory species
shall not be calculated and disbursed in 2014.
[6 November 2013]
15. Amendments to Section 10, Paragraphs one and three of this
Law which provide for the right to the compensation for
significant damages caused by animals of the specially protected
non-game species and migratory species if the necessary
protection measures have been taken and sound ecological methods
have been introduced, and the conditions for the deprivation of
the relevant right, and also the right to receive compensation
only from one source of financing shall come into force on 1
January 2016.
[8 October 2015]
16. The Cabinet shall issue the regulations referred to in
Section 4, Clause 6 of this Law by 1 January 2016. Until the day
of coming into force of the Cabinet regulations referred to in
Section 4, Clause 6 of this Law, however, not later than until 1
January 2016, Cabinet Regulation No. 778 of 20 November 2007,
Procedures for the Determination of the Amount of Such Losses for
Users of Land Which are Associated with Significant Damage Caused
by the Specially Protected Non-huntable Species and Migratory
Species of Animals, shall be in force, insofar as it is not in
contradiction with this Law.
[8 October 2015]
17. The conformity of the specially protected forest, bush,
and marsh biotopes registered in the Nature Data Management
System until 20 June 2017 with the features characterising
biotopes specified in the laws and regulations regarding the
lists of the types of specially protected biotopes shall be
assessed and updated by 31 December 2020.
[21 September 2017]
18. Chapter VI of this Law shall come into force concurrently
with the Law on Administrative Liability.
[4 June 2020]
Informative Reference to the
European Union Directives
[10 June 2010]
The Law contains legal norms arising from:
1) Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora;
2) Directive 2009/147/EC of the European parliament and of the
Council of 30 November 2009 on the conservation of wild
birds;
3) Council Directive 2006/105/EC of 20 November 2006 adapting
Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of
environment, by reason of the accession of Bulgaria and
Romania.
The Law has been adopted by the Saeima on 16 March
2000.
President V. Vīķe-Freiberga
Riga, 5 April 2000
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)