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Entered in the National Register of Legal Acts
of the Republic of Belarus of 17 July 2007 N 2/1354
LAW OF THE REBUBLIC OF BELARUS
10 July 2007 N 257-З
ON WILDLIFE
Adopted by the Chamber of Representatives on 7 June 2007
Approved by the Council of the Republic on 22 June
2007
(as worded in Laws of the Republic of Belarus of 10.11.2008 N 444-З,
of 02.07.2009 N 32-З, of 04.01.2010 N 109-З, of 17.05.2011 N 261-З,
of 22.01.2013 N 18-З)
This Law establishes legal bases for the conservation and sustainable use of
wildlife objects and their natural habitat with a view of conservation of biological
diversity, prevention of harm to life and health of wild animals, as a result of
adverse effects of anthropogenic factors, diseases, emergencies, adverse
environmental conditions and ensuring the ability of wildlife objects to meet
economic, aesthetic and other requirements of present and future generations.
CHAPTER 1
GENERAL PROVISIONS
Article 1.
Main Terms Used in this Law and their Definitions
1. “Acclimatization of wild animals” means settlement of particular species
of wild animals in lands outside their natural habitats and providing the adaptation
of wild animals to new environment and their natural productivity.
2. “Natural habitat of wild animals’ species (hereinafter referred to as
“natural habitat”, unless otherwise specified)” means area of geographical species
distribution of a particular wild animal species, regardless of the consistency of its
habitation except for the areas of its accidental penetration.
3. “Disastrous state of wild animals” means crossing by wild animals the
water area and passing over slippery ice, their presence at points of fire outbreak,
floods, droughts, ice-slick, their poisoning, suffocation in water objects, exhaustion
from lack of feeds and other similar conditions.
4. “Biological diversity of wildlife” means wildlife diversity within species
of wild animals, between species of wild animals and in ecological systems.
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5. “Biotechnical activities” mean a set of scientifically grounded activities
(construction of shelters, nests, breeding / spawning areas, creation of other
favorable conditions for natural reproduction and protection of wild animals,
improvement of land forage resources, forage conservation, solonetz and other
facilities for wild animals’ feeding) that enhance land productivity.
6. “Conduct of hunting” means a type of economic activity, associated with
protection, reproduction and rational use of wild animals, belonging to objects of
hunting and aimed at organization of hunting and (or) catching of game animals for
their disposal in economic activity carried out by a hunting area user.
7. “Fishery management” means a type of economic activity, associated
with fish protection, reproduction and its rational use and directed at organization
of commercial (paid) amateur fishing and (or) commercial fishing.
8. “Wild animals’ species” means a taxonomic unit, a genetically and (or)
reproductively isolated population of wildlife specimens that form populations,
possess common morpho-physiological characteristics and occupy a common
(continuous or partially discontinuous) natural habitat / area.
9. “Wild animals’ reproduction” means a natural (regulated or unregulated)
or artificial process of wild animal reproduction, restoration of their qualitative and
quantitative characteristics in the population structure.
10. “Settlement of wild animals” means activity aimed at release of wild
animals into lands.
11. “Wildlife State Cadastre” means a systematic set of data on the
geographic range of wild animals’ species, quantitative and qualitative
characteristics of wildlife objects, economic assessment and use of their resources,
as well as other data on wildlife objects, needed for their conservation and
sustainable use.
12. “Derivative” means a derivative of a wild animal (caviar, eggs, hunting
trophies, stuffed animals, souvenirs, jewelry and other products), as well as their
derived products (medicinal, food, perfume and cosmetic, etc.).
13. “Wild animals” mean mammals, birds, reptiles, amphibians, fish, insects
and other animals that inhabit Earth (on the surface, in the soil, in underground
voids) in surface waters and the atmosphere in a natural freedom state (a natural
movement state), as well as captive-held wild animals.
14. “Captive-held wild animals” mean wild animals caught from their
natural habitat, held and (or) bred in conditions of limited freedom (restricted
movement).
15. “Wild animals, belonging to undesirable (unwanted) species” mean
game animals inappropriate for hunting, fishing and agricultural sectors, the
species of which are defined by legislative acts.
16. “Wild animals, belonging to rare and endangered species of wild
animals” mean wild animals of individual species, in relation to which there are
the Wildlife Monitoring and State Wildlife Cadastre data that show annual, within
10 years or three generations, reduction in their numbers and (or) natural habitats,
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adverse changes of their natural habitat conditions, limited expansion and the
paucity of their populations.
17. “Wild animals’ catching” means removal (withdrawal) of wild animals
from their habitat for use without conservation of their lives.
(as worded in the Law of the Republic of Belarus of 17.05.2011 N 261-З)
18. “Documents on right to wildlife objects’ use” mean decisions of local
Councils of Deputies, hunting and fishing area lease agreements, permits and other
documents on right to certain types of wildlife objects’ use or the activity
associated with wildlife objects’ use, stipulated by this Law and other legislative
acts.
(as worded in the Law of the Republic of Belarus of 17.05.2011 N 261-З)
19. “Wild animals’ abuse” means catching of wild animals, which are in a
wretched plight, destruction of wild animals’ natural habitats except as otherwise
provided by this Law and other legislative acts, beatings of wild animals, their
torture and other actions (inactions) that contravene the rules, established by the
Law and publicly accepted norms with regard to humane treatment of animals.
20. “Wildlife” means a protected component of the natural environment, a
naturally renewable resource, which constitutes a collection of all wild animals
permanently inhabiting the territory of the Republic of Belarus or temporarily
inhabiting it, including wild animals in captivity.
21. “Stocking up of wild animals that do not belong to hunting and
fishing objects” means special use of wildlife objects exercised by legal entities
and individual entrepreneurs independently or with the involvement of citizens on
the basis of civil law or labor contracts for wildlife hunting that do not belong to
hunting and fishing objects with a view of their use in economic activity.
22. “Procurement of wild animals that do not belong to hunting and
fishing objects” means kind of activity associated with use of wildlife objects,
which is exercised by legal entities and individual entrepreneurs by procurance of
wild animals that do not belong to hunting and fishing objects on the basis of a sale
or purchase agreement or other transaction on their estrangement with a view of
use in economic activity.
23. “Wild animals’ protection” means activity aimed at the prevention of
harm to life and health of wild animals as a result of anthropogenic factor effects,
diseases, adverse environmental factors and emergencies.
(as worded in the Law of the Republic of Belarus of 17.05.2011 N 261-З)
24. Excluded.
(Article I, paragraph 24 excluded. – the Law of the Republic of Belarus of
22.01.2013 N 18-З)
25. “Wild animals’ removal (withdrawal)” means capture or trapping of
wild animals from their natural habitat.
26. “Invasive alien wild animals” mean wild animals outside their native
habitat (natural area) that form viable populations in their natural freedom state
(natural movement state), the spread and numbers of which create a threat to
biological diversity.
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27. “Introduction of wild animals” means settlement of wild animals,
belonging to a certain species in areas outside the native habitat (natural area) of
this species of wild animals.
28. “Limits on wild animals’ removal (withdrawal)” mean establishing for
wildlife objects’ users that handle special use of wildlife objects allowable volumes
of wild animals’ removal (withdrawal) for a certain period of time.
29. “Amateur fishing” means fishing, including underwater hunting, that is
implemented by citizens to satisfy their active recreation needs and (or) obtaining
of fishing products with no commercialization purposes.
30. “Migrant species of wild animals” mean all population or geographically
isolated part of the population of certain species of wild animals, a large proportion
of which cyclically and definitely cross the State border of the Republic of Belarus.
31. “Minimum level of wild animals’ density” means the density of wild
animals, at which their removal (withdrawal) is allowed.
32. “Wildlife monitoring” means an integral part of the National
environmental monitoring system of the Republic of Belarus, which is an
observation system of the wildlife objects’ state and their natural habitat,
estimation and forecast of changes as a result of natural and anthropogenic factors.
33. “Continuity of the wildlife natural habitat” means spatial arrangement
of natural objects that provides the continuity of wild animals’ native habitats and
their migration paths, unrestricted crossing of wild animals, the formation and
maintenance of wild animals’ concentration places in the period of their
reproduction, feeding and wintering.
34. “Wild animals’ removal (withdrawal) rate” means the established for
wildlife objects’ users that exercise general use of wildlife objects, maximum
allowable volumes of wild animals’ removal (withdrawal) for a certain period of
time.
35. “CITES specimens” mean wild animals, their parts and (or) derivatives
that fall within the scope of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora signed on 3 March 1973 in Washington (CITES).
36. “Wildlife objects” mean wild animals, including those that belong to
hunting and fishing objects, as well as populations of wild animals.
37. “Optimal wild animals’ numbers” means the quantity of wild animals
that may for a long period of time inhabit the areas, naturally reproduce
themselves, make the best use of food resources that provides the maximum output
of quality products of wildlife use with no significant harm to natural environment
components, as well as life, health and property of citizens and legal entities.
(as worded in the Law of the Republic of Belarus of 17.05.2011 N 261-З)
38. “Wild animals’ removal tools” mean tools, facilities, devices, transport
and other means, as well as animals that are directly used for removal (withdrawal)
of wild animals.
39. “Wild animals’ catching” means removal (withdrawal) of wild animals
from their natural habitat for use with saving their lives (managing and (or)
breeding in captivity, settlement, introduction and other similar purposes).
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(Article I, paragraph 39 as worded in the Law of the Republic of Belarus of
17.05.2011 N 261-З)
40. “Hunting” means search, tracking down, chase, attempt to catch or
catching of game animals that live in a natural freedom state.
41. “Game animals (animals for hunting purposes)” mean wild animals,
belonging to hunting objects, groups and species of which are defined by
legislative acts.
42. “Hunting trophies” mean products of hunting, assessed by defined in the
legislation features (stuffed animals, tusks, horns, bones, skulls, skins, etc.).
43. “Hunting areas” mean a part of the territory, belonging to a permanent
habitat of game animals and used or may be used for hunting purposes and
conducting of hunting.
44. “Protection of wildlife objects” means activity (including reproduction,
settlement (including resettlement), introduction, reintroduction, acclimatization,
breeding and protection of wild animals) directed at conservation of spacial,
species and population integrity of wildlife objects, their numbers, resource
potential and productivity, protection against their extermination and other adverse
effects on them.
45. “Protection of natural wildlife objects’ habitat” means activity directed
at conservation and restoration of natural wildlife objects’ habitat to provide
natural reproduction and sustainable use of wildlife objects.
46. “Wild animals’ density” means a quantity index of wild animals,
belonging to a certain species as per unit of areas feasible for their habitation.
47. “Wildlife objects’ use” means use of wildlife objects, their beneficial
properties and (or) products of life of wildlife objects in economic and other
activity.
48. “Land plots and (or) water objects’ users” mean legal entities and
individuals, including individual entrepreneurs (hereinafter referred to as “legal
entities, citizens” unless otherwise specified) provided, according to the procedures
established by legislative acts, with land plots and (or) water objects or their parts,
within the boundaries of which wildlife objects live.
49. “Wildlife objects’ users” mean legal entities, citizens, which in
accordance with legislative procedures have a right to use wildlife objects and (or)
exercise activity, associated with use of wildlife objects.
50. “Wild animals’ population” means isolated population of wildlife
animals of the same species, inhabiting designated areas.
51. “Products of wildlife objects’ use” mean removed (withdrawn) wild
animals (including wild animals in captivity), their parts and (or) derivatives, as
well as life products of wildlife objects.
52. “Wild animal commercial measure” means minimum size of a wild
animal, which allows the animal removal (withdrawal) upon reaching it.
53. “Commercial fishing” means fishing carried out by legal entities with a
view of receiving fishery products and their use in economic activity.
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54. “Wild animals’ resettlement” means settlement of wild animals intended
to change wild animals’ natural habitats within their area (range).
55. “Wild animals’ reintroduction” means settlement of wild animals of a
certain species in areas, which they previously inhabited, but left for some reason
or other.
56. “Wildlife resources” mean wildlife objects of consumption value, which
are used or may be used in exercising by legal entities and citizens of economic
and other activity.
57. “Fishing areas” mean a part of the Republic of Belarus territory (water
bodies and water courses), which belongs to a permanent habitat of fish or relevant
for its reproduction, feeding, wintering, migration and used or may be used for
fishing purposes, excluding artificial water bodies (ponds) used for fish husbandry
(fish rearing), water objects used as drinking water supply sources, water objects
located in evacuation areas (exclusion zones), priority evacuation zones, as well as
water objects located in specially protected natural and other areas in accordance
with the protection regime and use of which is not allowed for fishing.
58. “Fishery” means search, an attempt to catch and (or) catching of fish that
lives in a natural freedom state (a natural movement state).
59. “Wild animals’ crossing” means natural or artificial genetic material
fusion of wild animals, belonging to the same species, from different populations
or areas (native habitats) intended to improve the gene pool and avoid the
frequency of inbreeding effect (consanguineous crossing).
60. “Wildlife objects’ management (methods of use)” means a set of
techniques and operations using withdrawal tools for wild animals or with no use
of these tools, by means of which wildlife objects’ utilization is carried out.
61. “Wildlife objects’ habitat” means the natural environment inhabited by
wildlife objects in a natural freedom (a natural movement state).
62. “Wildlife areas” mean a part of the Republic of Belarus territory, which
belongs to the natural habitat of wildlife objects or of importance for their
reproduction, feeding, wintering, migration and used or may be used to carry out
wildlife objects’ utilization in the activity related to use of wildlife objects.
63. “Sustainable use of wildlife objects” means wildlife objects’ utilization
in such a manner and at such a pace, application of which does not lead in the
long-term to biodiversity depletion of wildlife objects, and thus, allows to retain its
ability to satisfy economic, aesthetic and other needs of current and future
generations.
64. “Exposure” means public display of wild animals, their parts and (or)
derivatives at exhibitions, symposia, conferences and other similar events, as well
as at educational, cultural and scientific institutions.