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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2013.–31.12.2013.
Amendments not included: 06.11.2013., 19.03.2014., 08.10.2015., 21.09.2017.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

15 September 2005 [shall come into force from 11 October 2005];
26 October 2006 [shall come into force from 1 January 2007];
7 May 2009 [shall come into force from 10 June 2009];
12 June 2009 [shall come into force from 1 July 2009];
1 December 2009 [shall come into force from 1 January 2010];
10 June 2010 [shall come into force from 14 July 2010];
16 December 2010 [shall come into force from 1 January 2011];
13 October 2011 [shall come into force from 1 January 2013];
15 December 2011 [shall come into force from 1 January 2012];
29 November 2012 [shall come into force from 1 January 2013].

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 Saeima1 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 this 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 factors in the territory, in which a species lives at any stage of its biological cycle;

21) individual - a living animal, as well as a dead animal, plant, lichen or part thereof, or a product, in the accompanying documents, marking, on the packaging 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 special areas of conservation, as well as in the special areas of conservation, 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 bio-diversity 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, as well as cultural and historical traditions;

4) to govern the procedures for the determination of the specially protected species and biotopes;

5) to ensure the performance of the necessary measures in order to maintain the number of populations of wild bird species living in the wild (hereinafter - 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 referred-to 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, specimens of these species in all stages of the development thereof, as well as the recognisable parts of specimens of the species;

2) animal species, the habitats thereof, individuals of these species in all stages of the development thereof, as birds' eggs and nests, as well as dead specimens 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 Natural 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 natural habitat is in danger of disappearance in its natural range;

2) the natural habitat has a small natural range following its regression or by reason of its intrinsically restricted area;

3) the natural 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 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. The 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 of 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 specially protected 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 damages for users of land, which are connected with significant damage caused by the specially protected non-huntable species and migratory species of animals, 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 - CITES permit) and certificate (hereinafter - CITES certificate) laid down in the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington in 1973, as well as the procedures for 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 regulatory enactment 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 Protection Board 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, as well as 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, as well as 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]

Section 5. Competence of the Ministry of Environmental Protection and Regional Development and Institutions Subordinated Thereto

[16 December 2010]

The Ministry of Environmental Protection and Regional Development and institutions subordinated thereto shall in accordance with this Law:

1) ensure supervision of the conservation of the specially protected species and biotopes;

2) 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, 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) 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) issue the permits specified in this Law, as well as cancel them, if the relevant actions endanger the state of local wild species and biotopes;

7) prepare the report referred to in Section 16 of this Law and publish it in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia];

8) 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) determine micro-reserves (except forest lands and the spawning places of the specially protected fish species);

10) determine micro-reserves in the nature reserves and national parks determined in laws;

101) ensure the preparation of reports pursuant to 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 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and within the specified time periods;

11) ensure submission of reports to the European Commission;

12) issue CITES permits and CITES certificates. The State fee shall be paid for the CITES permit and the CITES certificate;

13) 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) ensure the maintenance and management of bird species biotopes in the protected zones and outside them in accordance with the requirements of ecology;

15) ensure the registration of wild animals endangered by the international trade, the owners and holders thereof, as well as the registration of growers of plants endangered by the international trade;

16) may determine the list of those specially protected species and specially protected biotopes existing in specially protected nature territories, the disclosure of habitats or location which may affect environmental protection;

17) perform the supervision of the conservation status of the natural habitats and species, with particular regard to priority natural habitat types and priority species;

18) promote the educating and availability of information regarding 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]

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, as well as in the cases laid down in the laws and regulations regarding the nature protection plan for specially protected nature territory and in other cases laid down 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 regarding 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, as well as 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 research, decide on 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, as well as 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, as well as 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 Protection Board shall compile the information regarding 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 biotopes or species, which inhabit specific biotopes shall be included in the lists of the specially protected species and biotopes. The specially protected species and biotopes shall be under the special protection of the State.

(2) In order to ensure the 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.

(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 owners and permanent users of land regarding 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 regarding 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 a time period while specially protected species or specially protected biotope is included in the referred to list and this information shall be available in accordance with the Freedom of Information Law.

(6) A permit issued by the Nature Protection Board shall be required for repopulation of specially protected biotopes in a forest in case when the forest is being deforested, if the activity is not carried out by the Nature Protection Board.

[15 September 2005; 7 May 2009; 13 October 20111]

Section 8.1 Protection of Bird Species

(1) In order to ensure the performance of protection measures for 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) In 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 performed. 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. Duties of Owners and Permanent Users of Land

Owners and permanent users of land have the following duties:

1) to promote the preservation of the diversity of species and biotopes;

2) to notify the relevant regional environmental board of the Nature Protection Board regarding the changes of the specially protected species and biotopes and factors that deteriorate the state thereof, as well as regarding the non-observance of 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]

Section 10. Right of Owners and Permanent Users of Land for Compensation

(1) Owners and permanent users of land have the right to receive compensation from the resources of the Latvian Environmental Protection Fund regarding the significant damages caused by animals of the specially protected non-huntable and migratory species.

(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) A land owner may receive compensation only in such amount as is not covered by other State, local government or European Union payments that are already granted to him or her and that are directly or indirectly provided for the same restrictions on economic activities or significant damages caused by animals of the specially protected non-huntable and migratory species, for which compensation is provided for in laws and regulations.

[15 September 2005]

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 referred to activities are prohibited also in relation to dead birds, as well as 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, as well as destruction of the habitats;

2) growing, collection, transport, presenting as a gift, sale or exchange, as well as offering for sale or exchange of plants taken in the wild.

Section 13. Acquiring of Individuals of the Specially Protected Species

In 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-huntable 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 Protection Board 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 Protection Board shall issue the permit upon the receipt of the recommendation of the European Commission. The Nature Protection Board shall ensure the observance of 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, as well as 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, as well as 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 Protection Board.

(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 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 Protection Board, 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, as well as the reasons and restrictions for their use;

3) the circumstances of when and where such derogation is granted, as well as other conditions for applying the derogation.

(4) After evaluation of the possibility and justification for application of the derogation referred to in Paragraphs one and two of this Section, taking into account the information indicated in Paragraph three of this Section the Nature Protection Board shall 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, as well as other conditions for the application of the derogation;

4) the necessary supervisory measures.

(5) The Nature Protection Board shall compile information regarding the cases when the derogation is applied, as well as supervise the conformity with the conditions on a case-by-case basis.

(6) The Ministry of Environmental Protection and Regional Developmental 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 regarding 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 the Bird Species [10 June 2010]

Section 15. Specially Protected Species with Limited Use

All the norms specified in this Law, except the conditions referred to in Section 13, 14, 22 and 23, shall be applicable in respect of 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. Information of Public Regarding the Acquisition of Individuals of the Specially Protected Species

(1) Not less than once in two years the Nature Protection Board shall prepare a report available to the public 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, as well as 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 observed, 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 performed and the results obtained.

(3) The Nature Protection Board shall place the report referred to in Paragraph one of this Section on its Internet home page 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 assessment of the impact on the environment has been carried out.

(3) The initiator of introduction shall carry out the monitoring of the introduced populations and research regarding the ecological effects of the introduction and shall submit the results of the monitoring research to the Nature Protection Board 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 Protection Board 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 carries out the monitoring of the re-introduced populations and research regarding the ecological effects of the re-introduction and submits the results of the monitoring research to the Nature Protection Board every 2 years;

5) the 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) the 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 states 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 Period for Taking a Decision and Procedures for the Contestation Thereof

(1) The Nature Protection Board shall take a decision to issue a 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 regarding the refusal to issue such permit.

(2) A decision taken by the Nature Protection Board to issue the permit for the introduction or re-introduction or the refusal to issue such permit may be contested in the Environmental State Bureau within a month after entering into effect of the decision.

(3) The decision taken by the Environmental State Bureau may be contested in a court in accordance with the procedures laid down in the Administrative Procedure Law. An application to the court shall not suspend the operation of an administrative act.

[15 September 2005]

Chapter V
Monitoring and Record Keeping

Section 21. Necessity to Perform Monitoring

In order to control the conservation of species and biotopes, permanent monitoring and other research 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, as well as wintering sites and nesting sites of migratory species and the ecological characterisation thereof are included;

3) data regarding the population size of migratory species in the migration route, as well as during wintering and nesting;

4) data regarding the size of species of migratory birds using the ringing method;

5) data regarding the impact of hunting on the volume of the animal population;

6) data regarding the introduction of ecologically sound methods in order to prevent damage caused by animals;

7) data regarding the role of a particular species as indicators of pollution;

8) data regarding the reverse impact of pollution on the size of animal populations.

Section 22. Record-keeping of Animals Perished Incidentally or Illegally Captured Animals

Each person has a duty to notify the Nature Protection Board of the case of illegal capture or incidental killing of an animal or bird of the specially protected species. The Nature Protection Board shall keep the records of animals or birds captured illegally or perished incidentally in accordance with the information received.

[29 November 2012]

Section 23. Dead Animals

(1) Any dead mammal or bird of the specially protected species shall be property of the State and shall be handed over to the State agency "Natural History Museum of Latvia". Stuffed animals created from the referred to mammals or birds shall not be sold or be used otherwise commercially.

(2) Stuffed animals may be made for personal keeping only from game or non-huntable animals obtained legally or fish obtained legally.

[15 September 2005; 29 November 2012]

Transitional Provisions

[26 October 2006]

1. By 1 March 2006 the Cabinet shall issue the regulations referred to in Section 4, Clause 7 of this Law.

[15 September 2005]

2. By 1 January 2007 the Cabinet shall issue the regulations referred to in Section 4, Clause 8 of this Law.

[26 October 2006]

3. By 1 November 2007 the Cabinet shall issue the regulations referred to in Section 4, Clause 12 of this Law.

[26 October 2006]

4. Section 4, Clauses 13 and 14 and Section 5, Clause 15 shall come into force on 1 April 2010.

[7 May 2009]

5. By 1 January 2010 the Cabinet shall issue the regulations referred to in Section 4, Clauses 15 and 16 of this Law.

[7 May 2009]

6. By 1 October 2009 the Cabinet shall issue the regulations referred to in Section 4, Clause 17 of this Law.

[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-huntable and migratory species shall not be calculated and disbursed in 2009, 2010 and 2011.

[12 June 2009]

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 until 30 June 2013.

[13 October 2011; 29 November 2012]

11. The compensation for significant damages caused by animals of the specially protected non-huntable 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 until 31 December 2013.

[29 November 2012]

13. The Cabinet shall issue the regulations referred to in Section 4, Clause 20 of this Law until 1 January 2013.

[29 November 2012]

Informative Reference to European Union Directives

[10 June 2010]

This 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.

This Law has been adopted by the Saeima on 16 March 2000.

President V. Vīķe-Freiberga

Rīga, 5 April 2000

 


1 The Parliament of the Republic of Latvia

Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 16.03.2000.Entry into force: 19.04.2000.Theme:  Environmental rights, Agriculture, forestry, fishery, Protection of animalsPublication: "Latvijas Vēstnesis", 121/122 (2032/2033), 05.04.2000., "Ziņotājs", 9, 04.05.2000.
Language:
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