ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 3, 2003 No. 301

About approval of the Procedure for issue of the permissions to getting migrating, the rare and being under the threat of disappearance animal species

According to article 49 of the Law of the Republic of Tajikistan "About protection and uses of fauna" and for the purpose of regulation of use of the migrating, rare and being under the threat of disappearance animal species the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for issue of the permissions to getting migrating, the rare and being under the threat of disappearance animal species it (is applied).

2. Approve structure of the Republican commission on issue of the permissions to getting migrating, the rare and being under the threat of disappearance animal species on positions it (is applied).

3. To the ministry of conservation of the Republic of Tajikistan together with law enforcement agencies to strengthen supervision of illegal hunting of the migrating, rare and being under the threat of disappearance animal species.

Approved by the order of the Government of the Republic of Tajikistan of July 3, 2003, No. 301

Procedure for issue of the permissions to getting migrating, the rare and being under the threat of disappearance animal species

1. This Procedure is developed according to articles 16 and 49 of the Law of the Republic of Tajikistan "About protection and uses of fauna" and is obligatory for execution by legal entities and physical persons in the territory of the Republic of Tajikistan.

2. Production of the migrating, rare and being under the threat of disappearance animal species included in the Red List of the Republic of Tajikistan is forbidden. Production of the specified animal species is allowed according to the procedure of exception in research, and also for the purpose of preserving and reproduction of these animals in artificially created habitat, product receipts of their life activity and useful properties of life activity of animals, public health cares, elimination of threat for human life, protection from mass diseases of farm and other pets.

3. Production of the migrating, rare and being under the threat of disappearance animal species is made on the special permission (further permission) issued by the Ministry of conservation of the Republic of Tajikistan in the procedure established by the law.

4. Permission is issued based on the positive conclusion of the Republican commission on issue of the permissions to getting migrating, the rare and being under the threat of disappearance animal species. In case of need the structure of the commission can include representatives of the interested ministries and departments and relevant organs of executive power at the local level (Hukumatov).

5. Are determined by said commission annual quota for getting of the migrating, rare and being under the threat of disappearance animal species.

6. The form of permission has the corresponding degree of protection, and also accounting series and number and is the document of the strict reporting.

7. Consideration of the application about issue of permissions and issue of permissions are performed for a fee.

The payment for consideration of the application about issue of permission is established in fivefold and for issue of permissions in tenfold indicator for calculation. Means from payment are used according to the procedure approved with the Ministry of Finance of the Republic of Tajikistan.

8. Permission to production of the migrating, rare and being under the threat of disappearance animal species is issued to exclusively scientific organizations or for their petition to other legal entities.

9. For receipt of permission the interested legal entity represents to the Republican commission on issue of the permissions to getting migrating, the rare and being under the threat of disappearance animal species:

a) the statement for issue of permission with indication of:

name and form of business, legal address;

purpose and reasons for production;

type of the got animal type;

data on conditions of keeping of the animal withdrawn from the natural environment.

b) the document confirming payment for consideration of the application;

c) data on normative and methodical providing, on organizational technical capabilities and material equipment for accomplishment of the declared type of activity, information on the previous activities and work experience;

d) the conclusion of the competent scientific organization about admissibility of production of the declared animal type.

All documents submitted for receipt of permission are registered in accordance with the established procedure.

10. The republican commission has the right to impose additional requirements to structure of the documents submitted by applicants for receipt of permission.

11. In permission conditions of keeping in bondage of animal, procedure for its release to the natural environment and other conditions according to requirements for protection of the specified animal type can be determined.

12. Permission is registered in bodies for environmental protection on places, in the place of use. Production of animals is made under strict control of the employee of body for environmental protection and in the presence of the corresponding scientist - the specialist.

13. Upon production the statement with indication of, time, the place, method of production, surnames of the responsible and involved persons is on site drawn up.

14. The decision on issue or on refusal in issue permission is accepted within 30 days from the date of receipt of the statement with all necessary documents.

15. The report on results of use of permission is submitted in bodies for environmental protection in monthly fok after the termination of term of its action.

16. Unused permission with mark of territorial authority on conservation upon termination of the term of its action returns to bodies for environmental protection with explanation of the reasons.

17. Form the bases for refusal in issue of permission:

the incomplete scope of information in the statement and the submitted documents;

unsatisfactory reasons for feasibility of production;

the negative conclusion of the Republican commission on issue of the permissions to getting migrating, the rare and being under the threat of disappearance animal species;

availability of the doubtful or distorted information in the submitted documents.

18. The notification on refusal in issue of permission goes to the applicant in writing to 3-day time after adoption of such decision with indication of causes of failure.

19. The decision on refusal in issue of permission can be appealed in court in accordance with the established procedure.

20. Terms and types of getting of objects of fauna are determined according to the purposes of use and shall not cause damage to natural reproduction of these animal species and places of their dwelling.

21. Tools and methods of getting of animals shall provide selectivity of action, reduce drawing physical injuries other animal and minimize violation of their tranquility.

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