The Order In Which Land Users Will Determine The Extent Of Losses Associated With Specially Protected Wild Species And Not A Migratory Species Suffered Significant Damage

Original Language Title: Kārtība, kādā zemes lietotājiem nosakāmi to zaudējumu apmēri, kas saistīti ar īpaši aizsargājamo nemedījamo sugu un migrējošo sugu dzīvnieku nodarītajiem būtiskiem postījumiem

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/166676

Cabinet of Ministers Regulations No. 778 in 2007 (November 20. 65 point 1) the procedures for land users will determine the extent of losses associated with specially protected wild species and not a migratory species suffered significant damage are Issued according to species and Habitat Protection Act article 4, point 6 i. General questions 1. determines the order in which land users will determine the extent of losses associated with specially protected wild species and not a migratory species suffered significant damage (-loss). 2. Compensation shall be paid from the Latvian Environmental Protection Fund, after it has been established that the damage was caused specially protected wild species or not a migratory species. II. Application for loss compensation 3. Submission loss compensation for specially protected wild species or not a migratory species of the damage caused by animals (hereinafter application) crop production (annex 1), livestock or aquaculture, beekeeping (annex 2) to submit to the land user (hereinafter applicant for compensation) the national environment service regional environmental governance at the land location. The application shall be filed within seven days after the devastation of the detection. 4. the application shall be accompanied by copies of documents proving the land use rights, which suffered damage requiring compensation. III. Plant production evaluation of damage and loss calculation 5. To assess the crop damage, the national environment service regional environmental governance established by the Commission. 6. the Commission shall include one representative from the national environment service regional environmental management, particularly in protected natural areas Administration (if the land is in the specially protected nature reserve has been created for Administration), the national forest service (if the damage was caused by migrating wild game) and the local authorities concerned, as well as field support service designated the Director of the regional agricultural administration representative. 7. the Commission shall, within 14 days after receipt of the application to evaluate the damage (for example, izbradājum, izēdum, izrakņājum) intensity in a given area of land, as well as the damage caused to the animal species. If the damage to agricultural crops found in a stage of development where it is not possible to determine the crop losses, the damage caused to the only species of animal, but the extent of damage is calculated by the damage assessment of the secondary in nature before the harvest. 8. If it is not possible to determine the damage caused to the animal species, accompanied by experts of the sector concerned for an opinion. 9. expert services related costs shall be borne by the national environment service regional environmental administration. 10. The Commission shall use the land area map scale 1:10000 and indicates the intensity of damage assessment route. 11. intensity of damage assessment route overall length must not be less than 640 m per hectare. The route across the smoothly deploy the test area. 12. Check out in nature, walking along the selected route. Damage intensity assessed every five meters plot, 0.5 meter RADIUS. 13. each plot following the six-ball scale down the intensity of damage and draw up legislation on specially protected wild species or not a migratory species the damage caused crop production (annex 3). 14. Damage intensity after six ball scale denotes the following: 14.1.0-damage done (0-10% of the area of yeast);
14.2.1-5% damage (11-15% of the plot area);
14.3.2-25% damage done (16-35% of the plot area);
14.4.3-50% damage (36-65% of the plot area);
14.5.4-75% damage (66-95% of the plot area);
14.6.5-100% damage (96-100% of the plot area).
15. on the basis of the resulting damage intensity data, calculation of the area of land degradation as a percentage of average intensity. The calculation uses the following formula:, where P-the average percentage of damage; A1 ... a5-plot the intensity of damage (5%, 25%, 50%, 75%, 100%); n1-n5 postīt ... plot number; N-the total number of plots of land.

16. the Commission within 14 days after the land degradation assessment of intensity based on the calculated average of damage intensity, determines the extent of the damage in monetary terms, using the following formula: where Z-harvest loss in monetary terms; C-average remuneration for crop volume, or installation of plantations and maintenance costs up to the time of the causing of damage; A-check area; P-average percentage of damage.
IV. Aquaculture damage evaluation and calculation of the extent of 17 to assess the damage to the aquaculture, national environment service regional environmental governance established by the Commission. 18. the Commission shall include one representative from the national environment service regional environmental management, particularly in protected natural areas Administration (if the land is in the specially protected nature reserve has been created for Administration) and the national environmental service in marine and inland waters administration. 19. the Commission shall, within 14 days after receipt of the application to take the examination in nature, in order to determine the seriousness of the damage (such as piscivorous birds, piscivorous birds, the average number of birds (nesting, feeding)) and damage prevention measures. 20. Compensation shall inform the requesting State of the regional environmental services environmental management, if the number of birds fish feeding season will increase by at least 30% of the birds listed. National Environment Service regional environmental governance inspection at least once a month. 21. the applicant for compensation of losses each year, before 15 October, submit national environment service regional environmental administration justify the loss calculation needed information on piscivorous birds the damage caused (for example, the average number of birds, the birds stay, fish sales price). 22. The extent of damage in monetary terms is determined by summing the individual species of birds-fish Heron, cormorant, sea eagle and fish Eagle-damages Zy1 Zy2: Z = + + + Zy4, Z-Zy3 which suffered losses in money terms;
ZY = P x (D x I) x R, where each of the Zy-bird species damage in monetary terms;
P-number of birds;
D-bird duration of stay (days);
I-fish consumption in kg per day per individual (fish Heron-0.2 kg; Cormorant-0.5 kg; Sea Eagle-0.7 kg; Osprey-1.5 kg);
R-fish the average sales price in the wholesale (uses publicly available information on the average sales price in the previous month, wholesale) Ls/kg. 23. National Environment Service regional environmental administration redials legislation on specially protected wild species or not a migratory species the damage caused by the animals for aquaculture (annex 4), based on the loss compensation the applicant submitted the statement and the nature of the results of the checks carried out. V. livestock or for the determination of the injury caused to bee-24. in order to assess the livestock or damage to beekeeping, national environment service regional environmental administration call on one representative from the national forest service and specially protected natural areas Administration (if the land is in the specially protected nature reserve has been created for Administration) and immediately take the test runs. 25. Livestock farming damages determined if damage due to agricultural animals are killed or wounded, and therefore disposable. After the event site visible signs (such as the attack of the foot, bite victims feet) captures the seriousness of the damage and determine the material according to the average of the market prices of the livestock inspection day. 26. Bee-damages determined if damage due to beehives are destroyed or are in liquidation. After the event site visible signs (damaged cages, eat frames) records the fact of the damage and determining material injury under the compensation based on the submitted by the applicant. 27. National Environment Service regional environmental administration redials legislation on specially protected wild species or not a migratory species of the damage caused to livestock or beekeeping (annex 5). Vi. Decision on damages and the costs order 28. National Environment Service regional environmental governance after consideration of the application of the relevant legislation shall be drawn up not if: 28.1. the application filed at the time when the rate of damage character no longer possible;
28.2. no respect in the crop, livestock or aquaculture, apiculture industry regulatory legislation requirements;
28.3. in aquaculture have been piscivorous bird repellent or number of control measures or a breach of environmental legislation requirements;
28.4. specified unfounded or intentionally increased the damage;
28.5. crop losses does not exceed 10 percent of the value;
28.6. livestock losses, or bee-have been predictable, but not taken measures to prevent it;

28.7. it is established that the loss or damage was made intentionally or is encouraged. 29. National Environment Service regional environmental administration each year up to October 31 submitted to the Latvian environmental protection fund administration one of the copies of the Act, the other Act copy shall be sent to the applicant for compensation. 30. On the basis of the relevant acts, Latvian Environmental Protection Fund Board for the year to 30 November a decision on damages. 31. The Latvian Environmental Protection Fund Administration decision on damages shall notify in writing to the relevant national environment service regional environmental administration and compensation to the applicant within five working days after the decision. 32. Compensation of Latvian environmental protection fund administration costs within 10 working days after the decision. VII. final question 33. Be declared unenforceable in the Cabinet's July 31, 2001, Regulation No 345 "order in which land users will determine the damage associated with specially protected wild species and not a migratory species of animals suffered substantial damage" (Latvian journal, 2001, 115 No; 2005, 144. no). Prime Minister a. Halloween Environment Minister r. vējonis annex 1: Cabinet of Ministers of 20 November 2007, regulations No 778 Minister of environment r. vējonis annex 2 of the Cabinet of Ministers of 20 November 2007, regulations No 778 Environment Minister r. vējonis annex 3 of the Cabinet of Ministers of 20 November 2007, regulations No 778 Environment Minister r. vējonis annex 4 of the Cabinet of Ministers of 20 November 2007, regulations No 778 Minister of environment r. vējonis annex 5 of the Cabinet of Ministers of 20 November 2007, regulations No 778 Minister of environment r. vējonis