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The document ceased to be valid since  January 20, 2016 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of December 29, 2015 No. 1108

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 28, 2000 No. 969

About approval of Rules about procedure for use of separate types of fauna in the Republic of Kazakhstan in exceptional cases

(as of November 14, 2008)

According to article 22 of the Law of the Republic of Kazakhstan "About protection, reproduction and use of fauna" and for the purpose of providing steady condition of population of falcons-balobanov and bustards beauties the Government of the Republic of Kazakhstan DECIDES:

1. Approve Rules about procedure for use of separate types of fauna in the Republic of Kazakhstan in exceptional cases.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of August 21, 1995 of N1150 "About Measures for Preserving Population of the Rare and Being under the threat of Disappearance Predatory Hunting Birds" (SAPP of the Republic of Kazakhstan, 1995, N 28, the Art. 344).

3. This resolution becomes effective from the date of signing.

 

Prime Minister

Republic of Kazakhstan K. Tokayev

Approved by the order of the Government of the Republic of Kazakhstan of June 28, 2000 No. 969

Rules about procedure for use of separate types of fauna in the Republic of Kazakhstan in exceptional cases

1. These rules are accepted for the purpose of establishment of procedure in implementation of proper state regulation and control on single questions of use in exceptional cases of falcons-balobanov and bustards beauties included in the Red List of the Republic of Kazakhstan (further - birds).

2. The government of the Republic of Kazakhstan based on article 22 of the Law of the Republic of Kazakhstan "About protection, reproduction and use of fauna" (further - the Law) in exceptional cases, directed to reproduction, scientific and other purposes, on representation (explanatory note) of Committee of forest and hunting economy of the Ministry of Agriculture of the Republic of Kazakhstan as specially authorized body and research establishment - Institute of zoology of the Ministry of Education and Science of the Republic of Kazakhstan in each case connected with production (withdrawal) from the nature of birds makes the decision on issue of permission.

3. Issue by authorized body of permissions to getting of birds, including holding falconry without relevant decision of the Government of the republic or persons which are not specified in the decision of the Government of the republic is not allowed.

In the decision of the Government of the Republic of Kazakhstan the purposes and the main conditions of use, admissible terms are without fail determined by possible getting from the nature of birds, and also the list of the subjects acquiring the right to such getting, taking into account proportionality of contribution legal entity and/or physical person, including foreign, in protection and reproduction of birds and the specified actions which are under the threat of disappearance of other animal species, and also further accomplishment by them.

4. The committee of forest and hunting economy of the Ministry of Agriculture of the Republic of Kazakhstan prepares submission to the Government of the Republic of Kazakhstan and its relevant decision based on biologically reasonable representations (conclusions) of Institute of zoology of the Ministry of Education and Science of the Republic of Kazakhstan and the state environmental assessment providing possible places, number and terms on the allowed getting from the nature of birds without damage of their population, and also measure for its further reproduction.

The Ministry of Natural Resources and Environmental Protection of the Republic of Kazakhstan in the representation without fail specifies:

in what purposes production of birds is offered;

what actions for their preserving and reproduction are assumed to implementation;

whether integrity of natural communities of animals and their specific variety is broken;

what are established ecological requirements when getting birds;

places, main conditions and terms on their possible getting;

expected payment due dates and amount of payments;

and other information required for reasonable and lawful decision making by the Government.

5. In case of adoption of the decision by the Government specially authorized body based on the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance, and the provisions of the law signs with the relevant legal entities and/or physical persons the agreement on use of fauna then it issues the corresponding permission personally to specific legal entity or physical person.

6. Persons who acquired the right to production of birds, the falconry on bustards beauties can is performed as with the falcons-balobanami caught and trained in the Republic of Kazakhstan and with the delivered lovchy birds of prey of different types in accordance with the established procedure with observance of requirements of the legislation of the Republic of Kazakhstan and the SITES Administrative authority in the Republic of Kazakhstan according to the Law of the Republic of Kazakhstan of April 6, 1999 "About accession of the Republic of Kazakhstan to the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance".

7. The organization of production of birds, and also falconry is performed under control and management of Committee of forest and hunting economy of the Ministry of Agriculture of the Republic of Kazakhstan with participation of representatives of the interested state bodies, other legal entities, and also physical persons.

Getting of birds is performed under direct supervision and with the assistance of officials of specially authorized bodies on the state control in the field of protection, reproduction and use of fauna of the Ministry of Natural Resources and Environmental Protection of the Republic of Kazakhstan and specialists ornithologists of Institute of zoology of the Ministry of Education and Science of the Republic of Kazakhstan.

8. Escort of foreign citizens and groups of their providing, the organization of protection and rendering services is performed by the Kazakhstan side on contractual basis.

9. To legal entities and physical persons, including foreign, for the benefit of preserving, revival of traditional national types of hunting with hunting birds and stimulations of employment of local population the organization of nurseries for their cultivation in bondage, opening of schools on training and training of birds, training of specialists, and also the work which is carried out in the scientific purposes is in accordance with the established procedure allowed.

10. The procedure of evacuation of the caught birds, and also their transit transportation is performed by the SITES Administrative authority in the Republic of Kazakhstan on condition of exception of actions which can lead of birds to death, according to requirements of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (further - the Convention SITES) and other regulatory legal acts of the Republic of Kazakhstan.

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