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Laws to protect biodiversity were first adopted
in Armenia during the Soviet era. However, no comprehensive
legislative base existed for natural resource protection in
Armenia, and government regulation was limited to a number
of sectors such as forestry, fisheries and hunting (the latter
being regulated through 'Hayhuntunion', an association of
State hunting organisations and NGOs). The issue of over-grazing
was only addressed by guidelines for collective and state
farms issued by the Ministry of Agriculture (including dates
for summer grazing and limits for livestock density).
Following independence in 1991 environmental
legislation was reviewed, with the aim of developing a more
comprehensive State policy towards ecological protection and
sustainable use. This has resulted in a series of new laws
being developed, including regulations relating to protected
areas, a land code (both 1991) and a forest statute (1994).
A law relating to the protection of flora and fauna is currently
being prepared by the Ministry of Nature Protection, and this
will be reviewed by NGOs and scientific institutions. The
key laws relating to biodiversity are explained in more detail
below.
Key laws and regulations relating to biodiversity conservation
and natural resource use in Armenia
· Law on Principles of Environmental Protection
(1991)
· Law on Especially Protected Areas (1991)
· The Land Statute (1991)
· The Water Statute (1992)
· Law on protection of the Atmosphere and Air Quality
(1994)
· The Forest Statute (1994)
· Law on Environmental Impact Assessment (1995)
· Government decree on Fishing activities in Lake
Sevan (1996)
· Law on Payments for Nature Protection and Use of
Natural Resources (1998)
· Law on Flora (in draft)
· Law on Fauna (in draft)
The Forest Statute provides for the conservation,
protection and efficient management of forests taking to account
their ecological, social and economic significance, and basing
decisions on available scientific information. The aims of
this regulation are to conserve natural forest features, increase
regeneration and productivity of forest areas, enable efficient
use of forest resources, protect rights of use with respect
to forests, and to strengthen the legal enforcement of forest
protection. However, the Forest Statute does not take account
of the implications of land privatization, and still recognises
all forests as absolute property of the State. This restricts
local authorities and the private sector from taking over
some of the responsibilities for forest protection, and increasing
forest cover. At present the Ministry of Nature Protection
is involved in drafting amendments to the Forest Statute,
in order to bring it up to date.
Since all forests are considered as State property,
the government is responsible for overseeing the protection
and management of forests, through relevant local authorities
('marz') and a special State agency ('Hayantar', under the
Ministry of Nature Protection).
· The Government is responsible for:
determining priorities for management, classifications of
forests, procedures for conservation and management, and forest
use fees; approving appropriate forestry projects; setting
quotas for timber extraction; implementing research and forest
management practices; monitoring of forest stocks; and collaboration
with international authorities relating to forestry practices
and conservation.
· Local authorities are responsible for:
provision of temporary concessions and supervision of construction,
industrial and mining activities in forest areas.
· The authorised State agencies ('Hayantar')
are responsible for: the development and implementation of
forestry projects; registry of forest stock; ensuring forest
regeneration, management and sustainable use; and for addressing
issues linked to mismanagement of abuse of forest resources,
including illegal felling and the effects of pollutants.
A range of other provisions are made within
the Forest Statute, including: age of maturity and felling;
forest use; rights and obligations of forest-users; methods
for timber extraction and processing; use of forests for research,
hunting and recreation; measures for forestry in protected
areas, and urban regions; rates of forest regeneration; charges
for forestry use; supervision of forestry; measures for resolving
disputes and reactions to violation of forest legislation;
and development of international agreements relating to forestry.
The Law on Specially Protected Areas outlines
the procedures for establishing protected areas and guides
their management. The aims are as follows: to maintain the
balance of natural ecosystems, to preserve natural monuments
of national importance, to conserve the biodiversity of the
country, to control use of natural habitats, to promote environmental
education and public awareness and to ensure recognition of
natural resource depletion within the legal framework. The
law specifies that protected areas be established trough government
decree, and that overall responsibility for their management
lies with the Ministry of Nature Protection. The law also
refers specifically to the development of a State listing
for protected areas, mechanisms for protected area identification
and gazettement, and the status and management regimes for
different types of protected area. However, this law does
not address a number of relevant issues, such as socio-economic
benefits of biodiversity, land privatization, and the role
and rights of the private sector, and might therefore be improved
by revision.
The draft laws on Flora and Fauna set out policies
for the conservation, protection, regeneration and management
of natural populations of plants and animals, and regulations
for human impacts on natural diversity.
The Law on Flora aims to ensure sustainable conservation of
plants, their genetic diversity and natural habitats, to develop
scientific assessments of levels for sustainable use of natural
plant populations, to ensure a sustainable conservation of
flora, and to protect the rights of those involved in plant
conservation and management. The implementation of this law
will be overseen by the Ministry of Nature Protection, and
by local government and other agencies. The draft law provides
for: inventory, study and monitoring of plant populations;
development of a State listing for plants and their use; further
elaboration of the Red Data Book for plants; investigation
of issues relating to plant conservation; conservation of
rare and threatened plant species; use of plants; rights and
obligations of plant collectors; restriction or termination
of rights to collect particular plants; measures for dealing
with disputes over use of plants; and international agreements
relating to plant conservation issues.
The Law on Fauna aims to: ensure conservation
of animals and their genetic diversity, maintain the integrity
of animal populations, protect animals from inappropriate
disturbance, protect migration routes and regulate use of
animal species. The responsibilities of different agencies
(including the government, ministries and other State bodies,
local authorities and local self-government institutions)
are outlined. The draft law make provision for: survey, study
and monitoring of animals; listings of animals and their use;
elaboration of the Red Data Book for animals; setting goals
for animal conservation; measures for dealing with disputes;
and international agreements relating to animal conservation
issues
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