of February 20, 2008 No. 187
About approval of the Regulations on provision in use of lands of forest fund for maintaining hunting economy and/or the recreational purposes
For the purpose of accomplishment of provisions of Articles 26, 39 and 40 Forests codes N 887-XIII of June 21, 1996 (The official monitor of the Republic of Moldova, 1997, N 4-5, Art. 36), the Orders of the Government N 739 of June 17, 2003. "About implementation of the Sustainability strategy of the national forest sector" (The official monitor of the Republic of Moldova, 2003, N 126-131, Art. 777), harmonizations of the national forest legal system with the European Union law, and also for increase in efficiency of measures for recovery of number of hunting animals, creation of optimal conditions for rest of the population on lands of the forest Government DECIDES: fund
1. Approve Regulations on provision in use of lands of forest fund for maintaining hunting economy and/or the recreational purposes it (is applied).
2. Provide to the Moldsilva agency:
proper application of requirements of the specified Provision;
development and deployment of adequate measures on protection and protection of forest and hunting funds.
3. Declare invalid the Order of the Government N 769 of August 13, 1997 "About approval of Provisional regulations for lease of hunting grounds for needs of hunting economy in the Republic of Moldova and the List of the hunting grounds assigned to the state forestry and landscape companies of national association for forestry of "Moldsilva" (The official monitor of the Republic of Moldova, 1997, N 71, the Art. 711).
Minister of Economy and Trade
Approved by the Order of the Government of the Republic of Moldova of February 20, 2008 No. 187
1. This Provision is developed according to part (2) Article 26 of the Forest code N 887-XIII of June 22, 1996, the Law on fauna N 439-XIII of April 27, 1995, the Civil code N 1107-XV of June 6, 2002 and regulates the relations with lessees by provision in use of lands of forest fund in the lease term which is in public property of the state for the purpose of maintaining hunting economy and/or the recreational purposes.
2. The purpose of this provision consists in settlement of the relations in the field of preserving and development of the woods, hunting fauna, maintaining forest and hunting economy by providing:
a) priorities of the state in the field of protection, reproduction of hunting fauna and preserving lands forest fund;
b) is more whole than management and maintaining forest and hunting funds;
c) protection of the rights and interests of users of lands of forest and hunting funds, and also hunters;
d) forming and preserving national hunting traditions and culture;
e) preserving forest biodiversity and rational use of hunting fauna;
f) rational use of lands of forest fund in the recreational purposes.
3. The concepts used in this Provision have the following values:
productivity of hunting grounds - exit of hunting products from the unit area of hunting grounds depending on forage and conditions of dwelling;
quantity of the game which is subject to shooting - quantity of the hunting animals who are subject to shooting within the current year from one hunting ground;
optimum density - the quantity of hunting animals having per acre hunting ground which brings in the income without breaking the native habitat;
the number of hunting animals - quantity of certain type of the hunting fauna inhabiting certain territory;
hunting fund - set of hunting animals and their habitat;
hunting grounds - the territorial unit of hunting economy located on different categories of lands with clear boundary, for ensuring the maximum stability of hunting fauna;
game - wild animals (mammals, birds) who are of hunting interest;
hunting - search, vspugivaniye, prosecution, wound, shooting or catching of hunting animals by any other methods for the purpose of their production;
amateur hunting - search, detection, prosecution by the person of animals for the purpose of their shooting or production for private use;
lease of the timberland - transfer based on the lease agreement of the timberland which is in public property of the state to managing for certain term and for the certain payment established by the lessor;
the lessor - the legal entity conducting forestry, the central governing body of forestry;
the lessee - physical person or legal entity of the Republic of Moldova or other state, the international organizations and associations capable to carry out the related activity according to the current legislation. The procedure for participation of foreign physical persons and legal entities in the course of lease of the timberland is determined by the legislation of the Republic of Moldova;
the lease agreement - the agreement signed, on the one hand, between the legal owner (lessor) of the timberland and, on the other hand, the lessee on use of these lands throughout certain term and for the payment established by the lessor and approved by the parties;
the hire charge of the wood lot - compensation paid to the lessor for operation of the wood lot leased to them;
the hire charge of fixed assets - compensation paid to the lessor for operation of the fixed assets leased to them;
recreation - process of rest, recovery of population health by stay on lands of forest fund in the following purposes: cultural and improving, tourism, camping, entertainment, fishing, sports and other forms of rest which promote recovery of health of human body and do not contradict the legislation;
recreational function - function which according to forest management is appropriated to the certain site of forest fund having social and recreational appointment.
The woods of green zones of the cities and other settlements, including forest-park parts of the specified zones, the woods of the first and second zones of sanitary protection of sources of water supply, the wood of zones of sanitary protection of resorts and sanatoria, the city woods and forest parks, and also other woods, parks, forest shelter belts along means of communication consisting of the whole quarters, the woods which are of the particular hunting interest, the woods performing functions of protection of special objects, except for the territories included in fund of the natural territories protected by the state belong to the category of recreational mainly.
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