Law On The Protection Of Wildlife And The Implementation Of The Plan Fauna Hunting Nb Annexes To This Law, Are Available At The Office Secretariat Institutional

Original Language Title: LEGGE PER LA SALVAGUARDIA DELLA FAUNA SELVATICA E L'ATTUAZIONE DEL PIANO FAUNISTICO VENATORIO n.b. Gli allegati alla presente legge, sono consultabili presso l'Ufficio Segreteria Istituzionale

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17016126.html

Microsoft Word - D052-2007.doc
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SAN MARINO


We the Captains Regent of the Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on 28 March 2007.


LAW 12 April 2007 52


LAW FOR THE PROTECTION OF WILDLIFE AND THE IMPLEMENTATION PLAN OF WILDLIFE HUNTING


Art.
1 (Purpose)

With reference to the principles of the protection of the territory and natural environment referred to
Law n.126 / 1995, with the present law is set up at the Nature Centre of San Marino (hereinafter
CNS) the Observatory of Fauna wildlife and their habitats (hereinafter simply
"Observatory") to ensure their protection and to fully implement the technical scientific content
of wildlife and hunting plan attached to this law.
The Observatory's activities are carried out in collaboration with the Office of Management and Environmental Resources
Agricole (hereinafter UGRAA), the San Marino Federation of Hunting (of
followed FSDC), environmental groups and animal rights and other bodies whose
competence in the matter.

Art. 2
(Observatory Composition)

The Observatory is composed of:
- Secretary of State for the Environment who presides;
- Two experts nominated by the FSDC;
- An expert appointed by environmental groups and animal rights legally recognized;
- Dell'UGRAA the Manager or its delegate;
- The Director of CNS or his delegate;
- A representative appointed by the organizations of legally recognized farmers.
In the designation of the observatory's components listed in the previous paragraph it is given
communication to the Great and General Council, which shall take note.
They participate in the work of the expert advisory capacity
environmental monitoring and environmental protection at the framed UGRAA, an expert in the CNS and a representative of the
FSDC.

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For the adoption of resolutions regarding the exercise of hunting or
conservation and repopulation of species of hunting interest is recognized to the representative of FSDC
right to vote.
May be called on in the work of the head of the Veterinary Service -
Department of Public Health or his delegate.
For the implementation activities of the addresses already approved by the Observatory, which
do not expect to need further ballots, the President is entitled to delegate to a
representative of the Secretariat of State for the Environment functions convening and
coordination of the same activities that will be carried out in his absence.

Art. 3
(Observatory Tasks)

The Observatory:
1) draw up the draft hunting calendar annually submit, for its
approval by decree, the Congress of State;
2) any amendment to the plan hunting and wildlife studies on wildlife and environmental
to the State Congress, which will give you implementation including by decree;
3) any amendment of the restocking areas and sanctuaries in Congress State
, which will be free to implement them by decree;
4) adopt the guidelines and more appropriate directives for the management and protection of wildlife and their habitats
throughout the country in accordance to the species of hunting interest, to plan
fauna ;
5) determines mode of intervention and compensation for farmers in implementing agricultural
practices designed to harmonize their activities with the preservation and increased
wildlife and their habitats;
6) identifies areas of support for hunting;
7) report annually to the Great and General Council, through the Secretary of State for the Environment and
upon ratification of the decree that regulates the practice of hunting, on
state of wildlife and related habitat.

Art. 4
(Observatory Operation)

The Observatory, which is based at the CNS, is convened by the President, or upon the request
at least two members, whenever it is deemed necessary and at least once a year for the drafting
the hunting calendar proposal.
The Centre's meetings are valid with the presence of the majority of its members
; decisions are taken in open form and are valid if approved by a majority of those present
; in case of equality of votes, the one expressed by the President.

Secretary for the Centre's functions are performed by an officer of the Office Hunting
set forth in Article 8. The minutes of the meetings of the Observatory are usually drawn up by a
employee of the CNS, without prejudice to any President to appoint another delegate that function
in his absence.

Art. 5
(Observatory Operation)

The management of the restocking destined to hunting on land is left to FSDC
, which implements the plan in accordance with the fauna and the addresses of the Observatory as Article 3.


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The management of wildlife in the nursery area competes all'UGRAA,
in accordance with the plan and fauna to the Observatory addresses referred to in Article 3.
The monitoring and census activities are the responsibility of the CNS , which implements them with the
dell'UGRAA collaboration and FSDC and according to the Observatory addresses.


Art. 6
(restrictive control)

For the purposes of this Act are to be considered exhaustive control of animals susceptible
of the population who, for direct or indirect human activities, are located within ecosystems
foreign to them or, though not strangers, threaten the existence or prevent
incremental protection of other species or ecosystem.
The UGRAA, in collaboration with the CNS, the FSDC, the Veterinary Service, the
environmental groups and animal rights and other organizations with competence in the matter, implements
limitation of control interventions on the species referred to preceding paragraph, as indicated
Observatory and in the manner determined by it.

Art. 7
(Resources and funding)

The State Budget provides for a specific item of expenses for the financing of
interventions in support of wildlife and their habitats. From this fund are drawn from the resources
for the repopulation zone management, monitoring, censuses, and for compensation in
farmers referred to in Article 3, paragraph 5, of this Act.
Restocking in hunting areas it is done with a part of the economic resources
arising from membership for hunting, collected and managed directly by the FSDC.
Ten percent of the proceeds of the membership for restocking purposes are set aside as part of
FSDC in a special fund to support and increase the funds allocated for
Observatory adopted initiatives in support of the increase and conservation of wild species of interest
hunting and related habitats.

Art. 8
(Hunting Office)

At dell'UGRAA dependencies are posted by order of the Chief of Staff
, authorized by the State Congress, two employees currently employed at
Olympic Committee, classified at level 7, for managing the service entrusted hunting at the same
Office (Hunting Department).
The Office Hunting, within its remit, shall, in collaboration with the FSDC, the
preparation and issue of ID cards for the exercise of hunting to those entitled,
taking into account the above criteria and arrangements made for the exercise of hunting
out territory.

Art.
9 (Supervision)

The supervision of the prohibitions, prescriptions, penalties for management and protection of wildlife
under this law, shall be held by the Managing Agricultural Resources and Environmental
by the Ecological Security Service .

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They are also entitled to enforce the provisions of this law the officers of the Corps
of the Civil Police, members of the Corps of Gendarmerie and Fortress Guard.
Volunteer security guards appointed by FSDC keep monitoring duties
in the Decree 18 of June 5, 1972.

Art.
10 (Sanctions)

The hunting or any other voluntary action and conscious, made contrary to the
present rules of management and protection of wildlife, are punished with administrative sanction
from € 50.00 to € 1,500.00 ; those sanctions can be upgraded with special delegated decree.
The violation of the rules on hunting involves, in addition to administrative penalties, including:
a) the immediate seizure, by the agents responsible for supervising, game
illegally captured or demolished, as well as the means of hunting prohibited, which are therefore
subject to seizure by agents carrying out the investigation and to dispute the infringement
;
B) the precautionary withdrawal of the card with a consequent temporary ban on hunting throughout the country

State.
For serious actions administrative penalty referred to in the first paragraph may be doubled
is the smallest it to the fullest.
With appropriate delegated decree of the State Congress defines serious actions punishable by
suspension of hunting license.
Malicious actions which are causing serious damage to fauna
San Marino shall be punished by imprisonment in the second degree under Article 83 of the Criminal Code. In lieu of imprisonment
can apply one of the fine provided for in Article 84 of the Criminal Code of € 5,000.00
namely that the daily fine second or third degree provided for in Article 85 of the same || | Code.

Art.
11 (Repeals)

Articles 20, 26, 27 and 28 of the Decree 18 of June 5, 1972 shall be repealed.

Art.
12 (Entry into force)

This Law shall enter into force on the fifth day following that of its legal publication
.


Our Residence, this day of 12 April 2007/1706 dFR



THE CAPTAINS REGENT Alessandro Rossi - Alessandro Mancini




THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta