ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 5, 2005 No. 2

About approval of Rules of establishment of restrictions and prohibitions on use of objects of fauna, their parts and derivatives

About approval of Rules of establishment of restrictions and prohibitions on use of objects of fauna, their parts and derivatives

According to the subitem 16) of article 8 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of establishment of restrictions and prohibitions on use of objects of fauna, their parts and derivatives.

2. This resolution becomes effective from the date of signing and is subject to publication.

Approved by the Order of the Government of the Republic of Kazakhstan of January 5, 2005 No. 2

Rules of establishment of restrictions and prohibitions on use of objects of fauna, their parts and derivatives

1. General provisions

1. These rules of establishment of restrictions and prohibitions on use of objects of fauna, their parts and derivatives are developed according to the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" and determine procedure for introduction of restrictions and prohibitions on use of objects of fauna, their parts and derivatives (further - restrictions and prohibitions).

2. Restrictions and prohibitions are established for the purpose of preserving and reproduction of objects of fauna.

3. For the purpose of preserving objects of fauna of restriction and prohibitions are established taking into account geographical, climatic features of areas (the fields of distribution) of dwelling of animals.

4. Restrictions and prohibitions are established:

1) on territoriality: in all territory of the Republic of Kazakhstan, at the interregional, basin level, in administrative borders of separate territorial units or their part, and also on separate hunting grounds, reservoirs and (or) sites;

2) on terms: constantly (without specifying of effective periods) or in certain terms;

3) on application of methods, methods and tools of getting of objects of fauna, their parts and derivatives;

4) on animal species when there is need of restriction and change of regulations of withdrawal of separate types or groups of animals, their certain populations or on floor or age;

5) on restriction of number of users with objects of fauna, their parts and derivatives.

2. Procedure for establishment of restrictions and prohibitions

5. The authorized body in the field of protection, reproduction and use of fauna (further - authorized body) considers feasibility of establishment of restrictions and prohibitions, and also their adjustments in process of receipt of the recommendations about restrictions and prohibitions on certain animal species issued by the specialized scientific organizations in type or structure of the biological reasons developed within the appropriate budget programs.

5-1. The authorized body considers recommendations about restrictions and prohibitions which are submitted on preserving objects of fauna, and also improvement of conditions of their dwelling and reproduction.

6. Department of authorized body in the field of environmental protection in the procedure established by the legislation of the Republic of Kazakhstan carries out the state environmental assessment on biological reasons.

7. In cases of feasibility of establishment of restrictions and prohibitions, and also their adjustments, the authorized body according to biological reasons and results of the state environmental assessment develops the draft decision of the Government of the Republic of Kazakhstan about establishment of restrictions and prohibitions on the corresponding animal species (further - the draft decision).

8. The authorized body in the procedure established by the legislation of the Republic of Kazakhstan introduces the developed draft decision to the Government of the Republic of Kazakhstan.

9. The government of the Republic of Kazakhstan makes the decision on establishment of restrictions and prohibitions based on biological reasons and results of the state environmental assessment.

10. Control over the implementation of the set restrictions and prohibitions is performed by the relevant departments of authorized body and their territorial subdivisions.

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