LAW OF THE REPUBLIC OF MOLDOVA

of December 15, 2005 No. 325-XVI

About the Red List of the Republic of Moldova

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and sphere of regulation

This law governs the social relations in the field of protection, uses and recoveries which disappeared, the being under critical threat of disappearance, being under the threat of disappearance, vulnerable, rare and uncertain species of the plants and animals included in the Red List of the Republic of Moldova (the daleekrasny book) for the purpose of prevention of their disappearance and ensuring preserving their genetic fund; establishes the legal basis of maintaining the Red List, obligation of bodies of the public power of all levels and scientific institutions in the field.

Article 2. Scope of application

(1) Scope of this law covers types of the plants and animals of the Republic of Moldova included in the Red List.

(2) the Red List is basis for development and program implementation (action plans) on protection and recovery of the types of plants and animals brought in it.

Article 3. Basic principles

Provisions of this law are based on the following basic principles:

a) the priority is more whole also than activities for preserving types of the plants and animals included in the Red List;

b) regulation of the relations in the field of protection, uses and recoveries of types of the plants and animals included in the Red List;

c) observance of international treaties in the field of protection, uses and recoveries of types of the plants and animals included in the Red List;

d) responsibility of physical persons and legal entities for the damage caused to subjects of the Red List;

e) obligation of execution of the legislation in the field of protection, use and recovery of types of the plants and animals included in the Red List.

Article 4. Basic concepts

For the purpose of this law the following concepts mean:

The Red List - the official document including the list of the disappeared, being under critical threat of disappearance, being under the threat of disappearance, vulnerable, rare and uncertain species of plants and animals of the Republic of Moldova, and also general information about their status, condition, area, methods of their protection, preserving and distribution;

subjects of the Red List - the types of plants and animals referred to category of natural resources of national value and which are subject to the special mode of protection, preserving and recovery;

the disappeared type - type which was not found in the last 30 years during the numerous researches in the established places, and also in other known and similar places;

the type which is under critical threat of disappearance - type to which disappearance from the native habitat threatens in the near future;

the type which is under the threat of disappearance - type to which destruction which survival will become impossible threatens if the influencing factors and influence further its condition;

vulnerable type - type concerning which it is considered that in the nearest future it will turn into category of the type which is under the threat of disappearance if the influencing factors and worsen further its condition;

the rare species - type which is not under the threat now, but is under certain risk owing to the reduced area;

uncertain type - the type referring to one of categories of rarity, but concerning which there is no sufficient information for refining of to what category to refer it;

endemic type - the type which is found in wild condition only in certain region;

relic type - the type which stood apart in the limited territory of former area owing to geographical changes;

special use - use of subjects of the Red List in the scientific and selection purposes, the cultural purposes, in case of transactions on export, and also in case of mass disease of plants and animals;

the state monitoring - system of permanent observations of distribution, number of individuals, condition, structure, quality, and also the area of places of distribution of subjects of the Red List;

the status of rarity - the act specifying degree and condition of vulnerability of types of the plants and animals included in the Red List.

Article 5. The legal base in the field of protection, use and recovery of types of the plants and animals included in the Red List

(1) the Legal base in the field of protection, uses and recoveries of types of the plants and animals included in the Red List constitute the Constitution of the Republic of Moldova, the international agreements, one of the parties of which is the Republic of Moldova, this law and other regulations in the field.

(2) If the international treaty, one of the parties of which is the Republic of Moldova, contains regulations, excellent from provided by the national legal system in the field of protection, use and recoveries of types of the plants and animals included in the Red List are applied provisions of the international treaty.

Article 6. Subjects of the legal relations concerning subjects of the Red List

Subjects of the legal relations concerning subjects of the Red List are the states, physical persons and legal entities reckoning in private property of plants and animals, included in the Red List.

Article 7. Property right to subjects of the Red List

(1) Subjects of the Red List are public or private property. The subjects of the Red List located on the lands which are in private property are public property.

(2) Legality of finding of subjects of the Red List in private property is confirmed by the relevant documents.

Article 8. The state regulation and control in the field of protection, use and recovery of subjects of the Red List

(1) the State regulation and control in the field of protection, uses and recoveries of subjects of the Red List are performed by the Government, the central body for management of natural resources and environmental protection, bodies for protection of hunting and fish fund, other industry bodies of public management, and also bodies of local public authority according to their competence.

Chapter II. Protection and recovery of subjects of the Red List

Article 9. Ensuring protection and recovery of subjects of the Red List

(1) Protection and recovery of subjects of the Red List are provided in the way:

a) use of results of scientific research for development of conditions of their protection and recovery;

b) establishments for them special legal status of types of the plants and animals included in the Red List, prohibitions or restrictions of their use;

c) respect for the principles of their protection in the course of development of legal and other regulations;

d) implementation of activities for identification of places of their dwelling, conducting permanent observations (monitoring) of condition of their populations;

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