Chapter three. PRESERVATION OF VEGETATION AND ANIMAL SPECIES

Section I.

Art. 35. The vegetation and animal species of the wild flora and fauna of the Republic of Bulgaria shall be preserved in their natural environment by:

1. preserving their habitats in the National Ecological Network;

2. placing the species under regime of protection or regulated using;

3. maintaining or restoration of the conditions in the habitats according to the ecological requirements of the respective species;

4. working out and implementation of plans for activity for species with different degree of threat;

5. reintroduction in the nature of disappeared species and adding up to the populations of rare and threatened species;

6. control and regulation of alien species which are or could be introduced purposefully or accidentally in the nature and threaten the local species.

Art. 36. Applied, in addition to the measures of art. 35, shall also be measures for protection of the vegetation and animal species of the wild flora and fauna outside their natural environment by raising specimens and storing genetic material in conditions controlled by man.

Section II.

Art. 37. Declared on the territory of the whole country shall be the wild animal and vegetation species as per appendix No 3.

Art. 38. (1) Prohibited regarding the animal species of appendix No 3 shall be:

2. chasing and disturbing, especially in the periods of reproduction, raising the offspring, hibernation and migration;

3. destroying or taking eggs, including in cases when they are abandoned; destruction, damaging or moving nests;

4. destruction or damaging places of reproduction, rest and gathering during migration;

5. taking found death specimens;

6. possessing, carrying, transporting, taking abroad, trade and offering for sale or exchange specimens taken from nature;

7. stuffing, possessing, public display, carrying, transporting, taking abroad, trade and offering for sale or exchange of stuffed specimens.

(2) The prohibitions under para 1, item 1, 2, 6 and 7 shall be valid for all life stages of the development of the animals.

(2) (amend., SG 88/05) By a decision of the regional body under para 1 depending on its state the specimen shall:

1. be let free in an appropriate region;

2. (amend., SG 88/05)be sent for treatment or raising in a rescue centre, veterinary clinic or a zoo park;

3. (amend., SG 88/05) be submitted to a scientific organization or school or a natural science museum for studies or completion of educational collections;

4. be left in the place where it has been found or killed.

(3) (amend., SG 88/05) Written records shall be issued for the disposal of the specimen under para 2 which shall be sent to the Ministry of Environment and Waters, within 10 days term form the date of its making, and in the cases where it has been made out by the regional bodies of the National Department of Forestry – also a copy which shall be sent to the regional inspections of environment and waters.

Art. 40. (1) Prohibited regarding the vegetation specimens of appendix No 3 shall be:

2. the possession, carrying, transportation, taking abroad, trading and offering for sale or exchange of specimens taken from nature.

(2) The prohibitions under para 1 shall be valid for all life stages of the development of the plants.

Section III.

Art. 41. (1) Under regime of preservation and regulated using from nature shall be the species of wild animals and plants included in appendix No 4.

(2) Depending on the state of the populations and the biological requirements of the individual species of appendix No 4 the regimes and the requirements for their using shall comprise:

1. prescriptions for access to definite regions;

2. temporary or local prohibition of using the species or certain populations;

3. terms, rules and methods of using;

4.introduction of a permit regime or determining quotas for using specimens;

5. requirements for buying, selling, possessing, offering for sale or transportation for the purpose of selling or taking abroad of specimens or parts of them;

6. conditions of raising, growing and reproduction of animal and vegetation species in conditions controlled by men.

(3) Prohibited regarding the species of birds of appendix No 4 shall be:

1. the hunting and disturbing in the season of reproduction and raising of the offspring, as well as during the return of migrating birds in the places of raising the offspring;

2. the destruction, damaging or moving of nests;

3. the destruction, as well as the collecting and withholding eggs, including in the cases when they are abandoned.

(2) For the remaining animal and vegetation species of appendix No 4 the regimes and the requirements for preservation and using according to art. 41, para 2 shall be introduced by orders of the Minister of Environment and Waters to be promulgated in the State Gazette.

Art. 43. The orders of art. 42 shall be issued after a discussion with the interested central administrative bodies, public organisations and branch organisations of users, and in the cases of regional or local prohibition of using - with the respective regional governors and mayor of municipalities as well.

Section III.

Art. 43a. (new – SG 88/05) (1) Shall be prohibited the import with a commercial purpose on the territory of the Republic of Bulgaria of leather/fur of cubs of the species of tulles enlisted in Appendix No. 4 and of products derived from them.

(2) The prohibition under Para 1 shall not refer to products which appear as a result of the traditional hunting of the Innuite nations.

(3) The import of products under Para 2 shall be admitted only upon submission of a permit of import, issued by the Minister of Environment and Waters or by empowered by him/her person.

(4) The person who desires to obtain permit shall submit application to the Minister of Environment and Waters, where he/she shall point:

1. name and address/seta of the person-importer;

2. the addresses of the recipient and the sender;

3. the kind and quantity of the specimens;

4. state of origin;

5. purpose of the import.

(5) To the application under Para 4 shall be attached:

1. a document of origin of the leather/fur, respectively of the product;

2. a copy of the document of identity of the applicant;

3. (amend. - SG 34/06, in force from 01.10.2006) a current certificate of registration in the commercial register.

Art. 43b. (new – SG 88/05) Upon observation of all of the terms under Art. 43a, Para 4 and 5, the permit under Art. 43a, Para 3 shall be issued within 5 business days term from the date of submission of the application under Art. 43a, Para 4.

Section IV.

Art. 44. (1) Prohibited for catching or killing specimens of species of appendix No 4 shall be the using of non-selective devices, means and methods included in appendix No 5.

(2) The prohibition of para 1 shall also be valid for the animal species of appendix No 3 and the bird species of art. 45 in cases of permitted exception by the order of art. 49.

Section V.

Art. 45. All species of birds, other than those of appendix No 3 and No 4, met in a native state on the territory of the Republic of Bulgaria shall be subject to preservation and control for the purpose of maintaining their population in a favourable state.

Art. 46. Prohibited regarding the birds under art. 45 shall be:

2. retaining of specimen;

3. the destruction, damaging or moving of nests;

4. the destruction, as well as the collection and retaining of eggs, including when they are deserted;

5. the disturbance, especially in the period of reproduction and raising of the offspring.

Art. 47. (1) For all species of wild birds, other than those of appendix No 3, shall be prohibited the retaining for the purpose of trade, the transport for the purpose of trade, the offering for sale and the sale of live or dead birds or any distinguishable parts or products of such birds.

Section VI.

Art. 48. (1) Exceptions from the prohibitions of art. 38, 40, art. 41, para 3, art. 44, 46 and art 47, para 1 shall be admitted only when there is no alternative solution and on condition that the populations of the affected species have not been harmed in their natural habitation and they are in a favourable state.

(2) The exceptions of para 1 shall be admitted in the following cases:

1. (amend., SG 88/05) to the interest of the protection of the species of the wild flora and fauna and for preservation of natural habitats;

2. (amend., SG 88/05) for the protection against serious damages of the agricultural crops, livestock, forests, waters, fisheries, game-breeding farms and other types of estates;

3. (amend., SG 88/05) to interest of the public health and safety and for other reasons of the primary public interest, including such of social or economic nature or expressed in exclusive favourable consequences for the environment;

4. (new – SG 88/05) to the interest of the aviation transport;

5. (previous 4, SG 88/05) for the purposes of the scientific research and education in introducing or reintroducing of species and of the selection necessary for this purpose, including the artificial reproduction of plants.

(3) In the cases of para 2, when species of appendix No 3 are affected, the exceptions shall be admitted only for a limited number of specimens.

Art. 49. (1) The exceptions of art. 48 shall be admitted by a written permit of:

2. the Minister of Agriculture and Forests and the head of the National Forests Department respectively - for the fish and hunting species of appendix No 4 upon coordination with the Minister of Environment and Waters;

3. the Minister of Environment and Waters - for the remaining species of appendix No 4 and for the birds of art. 45.

(2) The permit of para 1 shall determine the species, the number of the specimens, the time and the place, the devices, means and methods of disposing of the specimen, as wel as other requirements by which the exception is admitted, as well as the body or the person charged with the control over the observance of the requirements.

Art. 51. The conditions and the order of issuing permits according to art. 49, para 1 shall be determined by an ordinance approved by the Minister of Environment and Waters and of the Minister of Agriculture and Forests.

Section VII.

Art. 52. Plans of action for vegetation and animal species shall be worked out obligatorily when it is established that:

1. the species is threatened on international scale and its preservation requires measures in the whole area of its natural habitation;

2. the state of the population of the species in the Republic of Bulgaria or in individual regions is unfavourable;

3. introduced in the nature alien species has unfavourable effect on the conditions of the natural habitats or on the state of local species of the wild flora and fauna.

Art. 53. Worked out with priority, under the conditions of art. 52, shall be plans for:

2. protected vegetation and animal species of appendix No 3;

3. species - subject to regulated using of appendix No 4;

4. species - subject to reintroduction in nature.

1. description of the biological particularities and ecological requirements of the species;

2. assessment of the habitation and the state of the populations of the species, as well as of the conditions in its natural habitats;

3. data regarding the threats and the limitation factors;

4. restoration, maintaining and other nature protecting measures for the species, including measures for preservation outside its natural environment if so required;

5. restoration or maintaining measures for the habitats of the species - subject of the plan;

6. measures for observation and control over the fulfilment and the effect of the implemented activities;

7. budget and schedule of the activities.

(2) (new – SG 88/05) The plans for action may include two or more kinds of species under Art. 53, which:

1. have similar requirements to the habitat;

2, require one and the same measures for their preservation.

Art. 55. (1) The working out of the plans for action can be assigned by:

2. the Minister of Agriculture and Forests or by the heads of other interested state bodies;

3. non-governmental organisations.

(2) The bodies and the organisations of para 1, item 2 and 3 shall coordinate with the Ministry of Environment and Waters the terms of reference and the projects of the plans for action.

Art. 56. (1) The plans for action shall be presented for consideration to the National Council for Biological Diversity.

Section VIII.

Art. 58. (1) The preservation of the species outside their natural environment includes:

1. raising and reproduction of animals and plants in controlled conditions in vivariums, zoo or botanical gardens, dendrariums, live collections;

2. creation of banks for seeds, pollens, gametes, embryos, tissue and cell cultures and other collections for preservation of vegetation and animal genetic resources in special conditions.

(2) The activities of para 1 shall not include applying of techniques and methods leading to genetic changes.

Art. 59. The preservation according to art. 58, para 1 shall apply with priority for species and other taxones which are:

2. of particular economic interest;

3. wild predecessors of cultural sorts of plants or primitive breeds of animals;

4. appropriate for using in reintroduction in nature;

5. of specific interest for the science - endemites, relicts, etc.;

6. appropriate for attracting the public interest in the problems of the preservation of the biological diversity.

(2) The organisations and the persons under para 1 shall be obliged to:

1. document the specimens/specimens, as well as their origin;

2. label and mark the specimens/specimens when possible;

3. gather and maintain information by definite indices for the state of the collections, as well as for the technologies and techniques for their raising and maintenance;

4. organise or participate in scientific and other studies of importance for the preservation and raising of the species, including such related to reintroduction in nature of wild species;

5. submit reproduction materials of threatened species for restoration or reintroduction in nature;

6. submit, upon contracting, reproduction materials of threatened species for creation of plans for cultivated growing of plants and animal farms;

7. exchange information with other institutions of similar nature and with similar objectives;

8. provide public access to the collections, information for the public related to the species of the collections, their natural habitats and preservation of the biological diversity;

9. carry out educational and training activity;

10. present the necessary information for completing and maintaining the registers of art. 63.

(3) Besides the obligations of para 2 the zoo gardens shall be obliged to:

1. accommodate animals in conditions satisfying their biological requirements and the requirements for their preservation and reproduction;

2. provide appropriate ambience for the individual species in the places where they are kept;

3. maintain a high level of preventive and medical veterinary care and feeding in raising and breeding the animals;

4. take the necessary measures for preventing the escape of animals in order to avoid possible ecological threat for the local species.

Art. 61. (1) The minimal requirements and conditions in which animals are raised in the zoo gardens shall be determined by an ordinance of the Minister of Environment and Waters.

Art. 62. (1) The activity in the zoo gardens shall be carried out on the grounds of a licence issued by the Ministry of Environment and Waters under conditions and by an order determined by an ordinance of the Minister of Environment and Waters.

(3) For established activity of a zoo garden without a licence or in violation of the requirements and terms by which the licence has been issued the Minister of Environment and Waters shall:

1. prescribe measures and set a period not longer than 2 years when the zoo garden must remove the offences and/or

2. impose the compulsory measure of art. 122, para 1, item 3.

(4) For failure to fulfil the prescriptions within the period determined according to para 3, item 1 the Minister of Environment and Waters shall impose the compulsory measure of art. 122, para 1, item 3 and/or item 4.

Art. 62a. (new – SG 88/05) The Minister of Environment and Waters and the Minister of Agriculture and Forestry may by an order, promulgated in the State Gazette, to prohibit the import, breeding and keeping outside the zoo parks and rescue centers of local and alien animal species, which constitute danger for the people or are inappropriate for breeding as animals –companions.

Art. 63. (1) The Ministry of Environment and Waters shall keep a register of the organisations and persons who possess and maintain collections of wild species of the local and foreign flora and fauna.

(2) The Ministry of Agriculture and Forests shall keep a departmental register of the organisations and persons who possess and maintain collections of species of the cultural flora and fauna, as well as specialised collections of wild tree and bush species or hunting species of the local or foreign flora and fauna.

Art. 64. The specialised organisations creating and maintaining "national collections" shall be determined by an act of the Council of Ministers when:

2. the collections are designated for preservation and maintenance of a considerable taxonomic diversity of the world flora and fauna, including wild relatives of cultural plants or primitive breeds and/or represent a strategic resource due to the considerable diversity of species, sorts, breeds, forms, lines, including such of local origin and/or which are standard of international obligations undertaken by the Republic of Bulgaria.

Art. 65. The conditions and the order of completing, maintaining and servicing collections, with exception of those belonging to individuals, shall be determined by acts issued by the heads of the organisations and corporate bodies under art. 60, para 1.

Art. 66. (1) The state is owner of the genetic resources of the natural flora and fauna of the Republic of Bulgaria.

(2) The access to the resources shall be possible in compliance of the provisions of this law, and when they are protected by a patent or other rights of intellectual property - of the special legislation in this sphere as well.

(3) The genetic resources can be submitted for using by other countries on the grounds of preliminary agreement in writing on the conditions and the way of distribution of the benefits from it under mutually profitable conditions including:

1. quoting the natural origin of the material;

2. submitting by the user state scientific results and technologies related to or engendered by them;

3. return of a part of the resources obtained by using the material, as well as of products or tests related to it for commercial purpose;

4. participation in joint scientific studies.

(4) The agreement can stipulate gratuitous submitting of genetic resources when they are designated for non-profit purposes: scientific research, education, preservation of the biological diversity or of the public health.

(5) The submission of the materials for using by third persons shall be carried out upon a written consent of the owner by observing the provisions of para 2, 3 and 4.

(6) The conditions and the order of providing access to genetic resources shall be determined by an ordinance adopted by the Council of Ministers.