Specially protected areas in the countries of Central Asia. An analytical review of legislation. V.Gromov (Kazakhstan) Contents: 1. Introduction 2. Review of national SPA legislations 2.1. SPA types 2.2. SPA designation procedures 2.3. Land use regulations on SPA’s 2.4. SPA management regulations 2.5. Liability for damage done to SPA’s 2.6. International collaboration on SPA’s 3. A review of designation procedures for transboundary SPA’s 4. Suggestions for further harmonization of national SPA legislations 5. Annexes Comparison table 1: SPA types Comparison table 2: Zapovednik nature reserves Comparison table 3: National nature parks Comparison table 4: Zakaznik nature reserves Comparison table 5: Land use in SPA’s Comparison table 6: Management of natural objects Comparison table 7: SPA management Comparison table 8: Ratified international treaties 1. INTRODUCTION Developing networks of specially protected nature areas (SPA) is one of the means to provide a long-term conservation of biological and landscape diversity on the national, regional, and global levels. Countries of Central Asia have been carrying out sequential actions towards the ecological network establishment in the region. The SPA networks are established, carry out their work and develop based on national legislations and international treaties ratified by the countries of Central Asia. The countries of Central Asia have a common old-line history of developing policies in the field of nature conservation. In Soviet times, all Central Asian countries were parts of the Soviet Union and shared the same legislation system. Although each Soviet republic had its own legal acts, the republican legislations, including those on SPA’s, were based on standardized Soviet laws. Thus, all Soviet socialist republics had the same approaches to the establishment, functioning, and development of SPA’s and the same conceptual structures. Since 1991, as the countries of Central Asia became independent, they have been developing their own national legislations, including those on the conservation of biological and landscape diversity. For now, all the Central Asian countries adopted laws and subordinate acts in the field of SPA’s, conservation, recruitment, and utilization of animal and plant life. The development of national legislations on specially protected areas of nature started in earliest years of independence: in 1991-1996 all Central Asian countries adopted laws on SPA’s. Further on, these laws were revised and updated or even completely redrafted. Currently, the countries are undergoing the second stage of the SPA legislation development: Uzbekistan adopted a restated Law on SPA’s in December 2004; Kyrgyzstan and Kazakhstan are completing draft laws on SPA’s. Preparation of these drafts in 2003-2005 was also promoted by active regional experts in the field of SPA’s. Over the past few years, conservationists and experts in the field of environmental protection in Central Asia emphasized the importance of harmonizing national SPA legislations in order to improve mechanisms of biodiversity conservation in the region and to establish transboundary SPA’s. Works on the harmonization of SPA legislations in the Central Asian countries were started in the framework of a TACIS intergovernmental project aimed at biodiversity conservation in the Western Tien-Shan and a Central Asian transboundary GEF/WB project on biodiversity conservation in the Western Tien-Shan (Kazakhstan, Kyrgyzstan, and Uzbekistan). Later, four Central Asian countries - Kazakhstan, Kyrgyzstan, Uzbekistan and Tajikistan participated in the implementation of the project TCP/INT/2093 ‘Revision and harmonization of protected area legislation’ launched by the UN Food and Agriculture Organization. The goal of the present review is to analyze current SPA legislations in the five countries of Central Asia and related concepts in order to further improve regulatory and legal networks of the countries, with due account for the establishment of ECONET that should promote a longterm conservation of biological and landscape diversity of the region. 2. A REVIEW OF NATIONAL SPA LEGISLATIONS 2.1 SPA types National legislations of the five Central Asian countries are based on their Constitutions. According to the Constitution of the Republic of Kazakhstan (RK), ‘Land and its interior, water, wildlife, and other natural resources are owned by the state’ (item 3 of article 6). Item 1 of article 31 of the RK Constitution says: ‘The state aims at the conservation of the environment that is beneficial to people’s lives and health’. According to article 38 of the RK Constitution, ‘Citizens of the Republic of Kazakhstan shall be friendly to nature and conserve natural values.’ According to item 2 of article 4 of the Constitution of the Kyrgyz Republic (KR), ‘Land, its interior, airspace, water, forests, wildlife, and other natural resources are property of the Kyrgyz Republic and protected by the state.’ Item 2 of article 35 of the KR Constitution says: ‘Friendly attitude to the environment, natural resources and historical monuments is a sacred duty of every citizen.’ According to article 13 of the Constitution of the Republic Tajikistan (RT), ‘Land, its interior, water, airspace, wildlife, and other natural resources are an exclusive domain of the state, and the state guarantees their efficient use to the benefit of the people.’ Article 44 of the RT Constitution says: ‘Protection of nature, historical and cultural monuments is everyone’s duty.’ According to article 10 of the Constitution of Turkmenistan, ‘The state is liable for conservation of the national historical and cultural heritage, the natural environment.’ According to article 55 of the Constitution of the Republic of Uzbekistan (RUz), ‘Land, its interior, water, wildlife, and other natural resources are a national wealth that is subject to sustainable use and protection by the state.’ Article 50 of the RUz Constitution says that ‘citizens shall be friendly to the natural environment.’ Thus, constitutions of all Central Asian countries lay a foundation to their conservationist legislations. A most important way of nature conservation in every country is the protection of their biological and landscape diversity. The state confirms its willingness to protect the natural environment by adoption of a special legislation, particularly that in the field of conservation of the biological and landscape diversity. Four Central Asian countries out of the five legislated the term of ‘a specially protected area of nature’ (Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan), while Uzbekistan uses the term of ‘a protected natural area’. All countries of the region have the identical meaning of the ‘specially protected area of nature’ or ‘protected natural area’: these are areas of land or water that are especially important and have special regimes of protection and use. Each country of Central Asia has its own number of SPA types, from four in Turkmenistan to eleven in Kazakhstan and Tajikistan (see Comparison Table 1). The ecological network is built on SPA’s that protect its most important sites, the so-called nuclei or nodes of the ECONET. There are three most important SPA types in Central Asia: zapovednik reserves, national nature parks, and zakazniks (sanctuaries or special purpose preserves). No national nature parks are stipulated in Turkmenistan. Let us consider details of the establishment, administration, and protection regimes of these SPA types. Each SPA type has its own legal regime of protection and management. Because of the historical integrity of the region, protection and management regimes on SPA’s all over Central Asia display considerable similarities: 1. Zapovednik reserves rule out economic exploitation of natural resources and activities that may disturb original development of natural processes and threaten statuses of natural complexes and objects (see Comparison Table 2). Zapovednik reserves in Central Asia have a similar objective, i.e. to organize scientific research by means of stationary all-year-round observations in centers, laboratories, and departments established in the reserves. Proceeding from the objective and management principles and keeping in mind criteria of the International Union for the Conservation of Nature and Natural Resources (IUCN 1994), zapovednik reserves are protected areas of nature under category 1A – strict nature reserves. Zapovednik reserves may be designated as biosphere reserves in order to carry out global ecological monitoring in three Central Asian countries (Kazakhstan, Tajikistan, and Turkmenistan). 2. National nature parks are established in order to protect natural objects and complexes of ecological, cultural and aesthetic importance and use them for conservation, recreation, scientific or cultural purposes. They have differentiated regimes of protection and land use, which is provided by dividing the reserve territory into functional zones. The functional zones and subzones are established depending on protection regimes and purposes of land use: zapovednik zones; zakaznik zones and subzones; recreation zones; administrative and industrial zones; tourist and visitor zones; zones of limited economic activity, etc. (see Comparison Table 3). National nature parks belong to IUCN category II – SPA protected and managed to preserve its natural condition. 3. Zakaznik reserves are established to preserve, reproduce, and restore certain natural objects and complexes. Depending on the protection object, there may be zoological, botanical, hydrological, geological, geomorphological, hydrogelogical, soil, landscape, and complex zakaznik reserves. Within their borders, any activities that may affect certain natural objects and complexes are restricted or ruled out permanently or temporarily (see Comparison Table 4). Zakaznik reserves of Central Asia fall into IUCN categories III (SPA protected and managed to preserve its natural or cultural features) and IV (SPA managed primarily to ensure the maintenance of habitats or to meet the requirements of specific species). While zapovednik reserves in the five countries of the region are areas of national importance, nature parks and zakaznik reserves are divided into SPA’s of national importance and local importance (except Kazakhstan, where all zakaznik reserves are of national importance). 2. SPA establishment procedures Having similar regimes of protection and land use, the SPA categories (zapovednik reserves, national nature parks, and zakaznik reserves) are also similar as far as the procedures of establishment and changes in their area or status are concerned. Special establishment procedures are legislated depending on whether a SPA is of national or of local importance (see Comparison Tables 2 to 4). SPA of national importance are established by decrees of the Government or the Cabinet, while SPA of local importance are established by resolutions of local executive authorities. Designated state authorities in the field of SPA and nature (environment) conservation play a key part in the establishment of specially protected areas: establishment of SPA’s of national importance is initiated by the designated authority in the field of SPA; SPA’s of local importance are established on application of designated authorities in the field of SPA; to establish a SPA, an ecological and technical-economic feasibility analysis should be carried out by a research institute or other project organization and approved by the state environmental audit. 2.3. Practice of land use in SPA Land use procedures are legislated depending on the SPA type (see Comparison Table 5). In the five countries of Central Asia, specially protected areas are owned by the state. In Uzbekistan, lands can be allotted to legal and private persons for an establishment of private zakaznik reserves. In Kazakhstan and Kyrgyzstan, lands under SPA belong to the category of SPA lands (except game zakaznik reserves in Kyrgyzstan). In Tajikistan, Turkmenistan and Uzbekistan, lands under SPA fall into the nature conservation lands (except game zakaznik reserves in Tajikistan). In Kyrgyzstan and Tajikistan, lands under game zakaznik reserves belong to other land categories in accordance with their designated purpose (agricultural lands, forest lands, water resources protective lands, or reserve lands). Allocation of lands under SPA of national importance to the category of SPA lands is made by decrees of the Government (the Cabinet). Designation of lands under SPA of local importance to the category of SPA lands is made by resolutions of local executive authorities. Lands can be designated as SPA lands on application of a designated authority in the field of SPA (interested central and local executive authorities), after the environmental impact assessment has been approved by the state environmental audit. Land use planning and control are carried out by a designated authority on management of land resources and its local bodies. The right for SPA land plots arises after demarcation on the ground, mapping, making description of land plots, and after the state registration of documents that certificate the right for the plots. Peculiarities of the establishment and activities of various SPA types are legislated in land use procedures different for each SPA type (see Comparison Table 5). 2.4. SPA management scheme In all Central Asian countries, natural resources are owned by the state. To organize a management system, national legislations in each of the countries designate state authorities responsible for the management of natural objects (see Comparison Table 6). As a matter of details, management of natural objects can be divided into the following types: - conservation of nature (environment) and general nature management; - management of wildlife; - management of forests; - SPA management; - management of fish resources and other water organisms. In Kazakhstan, nature conservation and management of natural objects are divided at the governmental level: RK Ministry of Environmental Protection is responsible for nature conservation and management of mineral resources, while biological resources are protected by a designated governmental agency – the Forestry and Game Committee of the RK Ministry of Agriculture. In Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, nature conservation and management of natural resources are maintained by one governmental body through its specialized branch organizations. All the five Central Asian countries legislated designated governmental SPA management authorities (see Comparison Table 7). In Kazakhstan, Tajikistan, and Turkmenistan, SPA are managed by one governmental body. In Kyrgyzstan, SPA are managed by one governmental body, with the exception of the Ala-Archa National Park that is managed by the Presidential Administration of KR). In Uzbekistan, SPA are managed, depending on their type, by several governmental bodies. Rights of the designated SPA management authorities are legislated by decrees of the Government or the Cabinet (in Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan), with the exception of Turkmenistan, where the SPA management is legislated by a Law of Turkmenistan, standard regulations depending on the SPA type, and standard regulations on the SPA site. 2.5. Liability for damage done to SPA The five Central Asian countries enacted liability for non-observance of the SPA legislations. Questions of liability for violations of the SPA legislations are regulated by the penal code and the administrative offence code. The codes contain special norms of the penal and administrative law that create liability for violations of SPA regimes or increased liability for certain types of ecological offenses, should these be committed within the SPA borders, such as, for example, violation of order of wildlife use. Additionally to penalties for violations of the SPA legislations, in all countries of Central Asia physical and legal persons who did damage to SPA by breaking the SPA legislation should fully compensate for it. The recovery of damages done by breaking the SPA legislation is fulfilled voluntarily or upon court order in accordance with established procedures, approved rates, and methods of damage evaluation. 2.6. International collaboration on SPA International collaboration on SPA between the Central Asian countries is based on bilateral and multilateral collaboration and participation in activities of international nature conservation conventions and organizations. International conservationist organizations that promote the development of SPA networks at national and local levels are as follows: - World Wide Fund for Nature (WWF); - International Union for the Conservation of Nature and Natural Resources (IUCN); - Technical Assistance for the Commonwealth of Independent States (TACIS); - Global Environmental Facility of the World Bank (GEF/WB); - UN Food and Agricultural Organization (FAO). Since the Central Asian countries obtained independency, the above listed international conservationist organizations financed and implemented a number of international projects on the improvement of the SPA system and development of Ecological networks: - TACIS intergovernmental project on conservation of the biological diversity in the West Tien-Shan (Kazakhstan, Kyrgyzstan, Uzbekistan); - GEF/WB Central Asian transboundary project on biodiversity conservation in the West Tien-Shan (Kazakhstan, Kyrgyzstan, Uzbekistan); - FAO project ‘Improvement and harmonization of the SPA legislation’ (Kazakhstan, Kyrgyzstan, Uzbekistan, and Tajikistan); - WWF project ‘Establishment of ECONET for long-term biodiversity conservation in ecoregions of Central Asia’ (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan); - GEF/WB project ‘The Caspian environmental programme’ (Kazakhstan, Turkmenistan, Russia, Azerbaijan, and Iran). All the Central Asian countries legislated the priority of international law over national ones: if international treaties ratified by the country set norms other than those in the national legislation, then the international norms should be applied (except in Kyrgyzstan and Turkmenistan, where international norms should be used, unless national norms are stricter). Main international environment conservation agreements ratified by the countries are as follows (see Comparison Table 8): - Convention on Biological Diversity (ratified by all the CA countries); - Convention on Wetlands of International Importance Especially as Waterfowl Habitats (ratified by all the CA countries except Turkmenistan); - World Heritage Convention (ratified by all the CA countries); - Convention on International Trade in Endangered Species of Wild Fauna and Flora (ratified by Kazakhstan and Uzbekistan); - Convention on Conservation of Migratory Species of Wild Animals (ratified by Uzbekistan, Tajikistan and Kazakhstan); - Agreement on Cooperation in ecology and environment conservation (signed by all the CA countries); - Agreement on Cooperation in joint regulation of use and protection of water resources of international water sources (signed by all the CA countries). The Central Asian countries home several regional organizations, foundations, and commissions whose activities are aimed at nature conservation: - The Regional Ecological Center of Central Asia (REC CA); - Intergovernmental Commission on Sustainable Development (ICSD); - International Foundation for Saving the Aral Sea (IFSA); - Intergovernmental Coordination Commission on Water Management in Central Asia (ICCW). Currently, the Central Asian countries are discussing the project of a framework convention on environment conservation for the sustainable development of Central Asia. In accordance with the national legislations, Central Asian SPA can be included in the World Heritage List and designated as nature reserves of international importance in the sense of international conventions. 3. SUGGESTIONS ON FURTHER HARMONIZATION OF NATIONAL LEGISLATIONS ON SPA To further harmonize national legislations on SPA, countries of Central Asia should, at the national level, continue analyzing national legislations in regional and international contexts and taking into account interests of local population, need for conservation of landscape and biological diversity, and provision of sustainable use of natural complexes. At the legislative level, each country of the region should: Priority measures of the national level, aimed on the regional legal harmonization are the following: 1. Develop and adopt a standard classification of SPA types abiding by IUCN categories; Standardize the conceptual structure of terms and definitions on SPA of the countries of Central Asia, with legal determination of protection regime for each of the PA’s types, similar for different countries of the Region. This could ensure proper functioning of existing and newly created PAs as core–areas of Econet in accordance to the recommendations of Econet CA development. Simultaneously, such standardization would speed-up the process of transboundary PAs establishment. In order to standardize the conceptual structure of terms and definitions on SPA of the countries of Central Asia, the following could be recommended on the national level: 1.1. A new form of PAs: “State national nature parks” (SNNP) need to be established in Turkmenistan, which coincide to PA area of category II IUCN. Basing on the existing practice of establishment and management of different types of PAs of Turkmenistan, a standard regulation status for SNNP should be developed and ratified 1.2. Regimes of protection and management of existing types of PAs of Uzbekistan and Turkmenistan should be brought in accord with coinciding IUCN categories (using terminology, standard for Eurasia). 2. Legally standardize procedures of development, approving, and implementation of SPA management plans. The procedures of development, approving, and implementation of SPA management plans are put in a special order in the new law of PAs of the Republic of Kazakhstan. Legal standardization of the procedures of development, approving, and implementation of SPA management plans in all countries of the Region would allow to secure necessary funding for PAs, to develop realistic plans for different measures in particular and PAs’ activities as a whole, and would allow to involve local communities in decision-making processes and practical activities of the PAs. Recently, evaluation and adoption of the “Framework Convention on Environmental Protection for Sustainable Development in Central Asia” is on-going in the Region. The main goal of this Convention is environment conservation as an integral part of sustainable development in the region of Central Asia through establishment of reciprocal rights and obligations of the countries of the region. Harmonization of legislation, dealing with PAs system could be achieved by adoption of a Protocol to this Convention, which needs to include regulations for inter-regional cooperation in the field of biodiversity and landscape conservation of the Central Asian countries. Protocol on biodiversity and landscape conservation of the Central Asian countries for the “Framework Convention on Environmental Protection for Sustainable Development in Central Asia” should include the following components: 1. Work out and recommend standard procedures of establishment and function of trans-boundary SPA. Legislation of Central Asian countries on PAs envisage possibility of transboundary PAs establishment, but procedures, mechanisms of coordination for establishment and management of transboundary PAs are not developed. Legal adoption of such mechanisms could speed up the process of transboundary PAs and other Econet elements establishment in Central Asia. 2. Harmonize and adopt common conceptual set of definitions of the varieties of PAs and Econet elements, such as “ecological network”, “environmental (ecological) corridor”, “transboundary SPA”, “buffer zone”, etc. Recently different countries of the region of Central Asia use different terminology and variable set of types and categories of PAs. Unification of the terminology and set of types and categories of PAs would improve possibilities of regional cooperation in the field of regional ecological network establishment. 3. Work out and recommend unified regimes of protection and sustainable use for various types of SPAs in accordance to guidelines and recommendations of IUCN. Some of the countries of the Region don’t follow guidelines and recommendations of IUCN concerning regimes of protection and sustainable use of various types of SPAs. Variations in the regime of protection applied for similar types of PAs could lead to weakening of biodiversity and landscape protection of the whole ecological network of Central Asia. 4. Formalize that SPA downgrading and allocation of SPA lands into other land categories are only possible in exceptional cases, such as a loss of a site’s special importance as a result of a natural disaster. Unfortunately, within the last 15 years a tendency can be registered in some of the countries of the region to abolish some of the PAs (or their parts), or to bring down their status of protection. This tendency is definitely negative for the environment conservation of the region as a whole and of the countries in particular. In order to ensure biodiversity and landscape conservation limitations for downgrading should be included in the national laws of all of the countries. 5. Increase status and improve regimes of protection and use on SPA included in the World Heritage List and the list of internationally important wetlands (Ramsar sites) All countries of the region are parties of the UNESCO World Heritage Convention, and all countries besides Turkmenistan are parties of the Ramsar Convention (Wetlands of international importance). Unfortunately, not all of the countries follow the rules and standards of these Conventions, concerning the regime of protection and use on SPA included in the World Heritage List and the list of internationally important wetlands (Ramsar sites). Adoption of a protocol on biodiversity and landscape conservation could improve conservation of these sites in the region of Central Asia. 6. Recommend to standardize the system of financing SPA, including budget means, own means, and other financing sources (including entrance fees for visitors) Different countries of the Region legally support different ways of PAs’ system funding. Unification of the potential ways of PAs funding could improve biodiversity and landscape conservation on a regional level. 7. Develop a standard approach to the concept of protection zones and buffer zones on SPA; formalize measures of official support and economic promotion of sustainable nature management in protection and buffer zones of SPA’s and environmental corridors. Unified measures of official support and economic promotion of sustainable nature management of land- and resource-users in protection and buffer zones of SPA’s and environmental corridors of the region could improve biodiversity and landscape conservation on a regional level in protection and buffer zones and ecological corridors. 8. Standardize liability for violations of laws on SPA, as well as on protection, recruitment, and utilization of wild animals and plants. Unification of liability for violations of laws on SPA would support a common approach of the countries of the region towards the rule-breakers in the system of PAs legislation, which would help to decrease the level of nature conservation laws violation in the region (in the transboundary territories in particular). All nature complexes and ecological processes in the countries of the Region are interconnected and interrelated. So, in case, that such a Protocol is developed and adopted, the following concrete measures could be recommended as the first step of the protocol obligations’ implementation in order to support transboundaty coordination of establishment and management of PAs of the region: 1. Development and regional endorsement (ISDC level) of a unified Concept of planning, designing and management of SPAs of the region (Econets). 2. Development, evaluation and adoption of a scheme (regional plan) and timetable of transboundary PAs establishment. 3. Development of unified approaches towards monitoring and management of natural nature complexes of transboundary PAs. 4. Preparation and concluding special treaties on the management of particular transboundary PAs. 5. Development of proposals on the establishment of an inter-regional monitoring system and information exchange, especially concerning threats or initiation of extreme situations in /around the transboundary PAs. Being based on the Regional documents and decisions, national documents can be further developed in the countries, including concrete measures and obligations, concerning particular transboundary PAs, falling under jurisdiction of the country. As one of the possible examples of such documents “Decree of the Government of Russian Federation” ( № 907-р, 3 July 2003) can be suggested. It includes both a separate paragraph (§5) «Cooperation in the sphere of sustainable use of nature resources and environment conservation”, as well as particular measures, connected with customs regulation (CITES), infrastructure creation, science and information exchange, etc. –which are directly connected with the establishment, functioning and management of transboundary PAs – elements of Econet. 4. ATTACHMENTS. Comparison Table 1 – SPA types Comparison object Types of protected areas Countries of Central Asia Tajikistan Kazakhstan Kyrgyzstan 1. State Strict Nature Reserves (zapovednik), including Biosphere Reserves; 2. State National Nature Parks; 3. State Nature Reserves (reservat); 4. State Nature Parks; 5. State Monuments of Nature; 6. State Protection Zones; 7. State Nature Reserves (zakaznik); 8. State Game Parks; 9. State Botanical Gardens; 10. State Arboretum Parks; 11. State Nature Seporter Reserves 1. State Strict Nature Reserves (zapovednik); 2. State National Nature Parks; 3. State Nature Reserves (zakaznik); 4. State Monuments of Nature; 5. State Botanical Gardens; 6. State Arboretum Parks; 7. State Game Parks; 8. Nature Areas of Recreational Value 1. State Strict Nature Reserves (zapovednik), including Biosphere Reserves; 2. State Nature Parks of national importance (national parks) and local importance (provincial parks); 3. State Nature Reserves (zakaznik) of national and regional importance; 4. State Monuments of Nature of national and regional importance; 5. Ecological and ethnographic zones; 6. Arboretum Parks; 7. Botanical Gardens; 8. Nature zones; 9. Resorts; 10. Zones of Therapeutic Importance; 11. National Recreation Zones; Turkmenistan Uzbekistan 1. State Strict Nature Reserves (zapovednik), including Biosphere Reserves; 2. State Nature Reserves (zakaznik); 3. State Monuments of Nature; 4. Nature Sites of Therapeutic Importance 1. State Strict Nature Reserves (zapovednik); 2. Complex (landscape) Nature Reserves (zakaznik); 3. Nature Parks; 4. State Monuments of Nature; 5. Territories for conservation, reproduction and restoration of nature objects and complexes (zakaznik reserves, nature nurseries and fish ponds); 6. Protected landscapes (natural resort territories, recreation zones, water protection zones, coastal margins, sanitary protection zones of water bodies, formation zones of surface and underground streams; 7. Territories for managing certain nature resources (lands of the state forest fund and game reserves) Comparison Table 2 – Zapovednik Nature Reserves Comparison object Term in Use Definition Kazakhstan Kyrgyzstan State Strict Nature Reserve (zapovednik) SPA designed for conservation and research of natural processes, typical and singular ecosystems, biological diversity, and genetic heritage of plant and animal life State Strict Reserve (zapovednik) Establishment procedure Decision is made by the Government on application of designated authorities after the ecological and technicaleconomic feasibility analysis has been approved by the state environmental audit Management Legal person in the form of a state institution controlled by designated authorities Regime A strict protection regime that rules out economic exploitation of natural resources. Educational, tourist, recreation and other similar activities are allowable on specially allocated sites that do not include valuable ecological systems. It is possible to designate a zapovednik as a state biosphere seporter reserve that is aimed at the restoration and study of unique natural complexes disturbed by human activities and unable to self-restore. Peculiarities Countries of Central Asia Tajikistan Conservationist and research institutions established to conserve and study genetic heritage of plant and animal communities; typical and unique ecosystems and landscapes; to provide conditions for the due development of natural processes; to lay the groundwork for nature conservation Designated by a governmental regulation based on technicaleconomic and ecological feasibility analysis and project proposal developed by competent research or other project organizations and approved by state nature conservation authorities Legal person financed from the state budget and other sources; acts on the basis of the Statute approved by its overhead organization Banned are economic and other activities that contradict the goals of the reserves; disturb development of natural processes; or threat natural complexes and objects. None Turkmenistan Uzbekistan State Strict Reserve (zapovednik) State Strict Reserve (zapovednik) SPA organized to conserve and study genetic fund of animal and plant life; typical and unique ecological and geological systems and landscapes; to provide conditions for the proper development of natural processes; to lay a scientific foundation for nature conservation Established as a legal person under the Standard Regulation on State Reserves of Turkmenistan (1995) SPA of national importance having a strict protection regime for natural objects and complexes; and targeting conservation and study of typical ecological systems, genetic heritage of plants and animals Acts on the basis of the Statute approved by the Government of Tajikistan. Management is provided by the Ministry of Nature Conservation. Banned are economic and other activities that disturb the development of natural processes; threaten the status of natural complexes and objects; or contradict the goals of the reserve Legal person that acts according to the Statute and is financed from the state budget. Acts on the basis of statute approved by the Cabinet of Uzbekistan. Banned are economic and other activities that contradict the goals of the reserves; disturb development of natural processes; or threat natural complexes and objects. Any activities are forbidden apart from research and monitoring of the natural environment. Fire prevention measures are legitimate. A zapovednik included in the international system of biosphere reserves, carrying out global ecological monitoring, and having a UNESCO certificate is designated as a state biosphere reserve. SPA has the status of state nature reserves (zapovednik), including biosphere reserves None State Strict Nature Reserve (zapovednik) Conservation and research institutions aimed at preservation and study of natural resources, processes, and phenomena; genetic heritage of microorganisms, plants, and animals; typical and unique ecosystems Decision is made by the Government of Tajikistan on application of designated nature conservation authorities, local administrations, and interested state bodies Established as a state nature conservation and research institution by decision of the Cabinet after a designated authority submits a respective proposal Comparison Table 3 – National nature parks Comparison Countries of Central Asia object Kazakhstan Kyrgyzstan Tajikistan Turkmenistan National nature park National nature park State nature park Not provided for Term in Use The SPA meant for the The SPA are established for the Conservationist institutions that Definition conservation, restoration, and conservation of natural include natural complexes of manifold use of natural, historical, and cultural complexes and objects of special ecological, recreational, and scientific importance Decision is made by the Government on application of designated authorities after the ecological and technicaleconomic feasibility analysis was approved by the state environmental audit complexes of special ecological, historical, and aesthetic importance; Management Legal person in the form of a state institution controlled by designated authorities Zoning Depending on protection regimes and goals of land use, there are the following functional zones and subzones: 1) strict protection regime (zapovednik); 2) zakaznik protection regime with subzones: - recreational use; - administrative or manufacture use; - tourist and visitor services; - limited economic use; Legal person that acts on the basis of the Statute approved by its overhead organization and is financed from the state budget and other sources; Regimes of protection and nature use vary from site to site (zapovednik subzones, recreation subzones, etc.) depending on their ecological, cultural, and aesthetic importance. Establishment procedure Designated by a governmental regulation on application of designated authorities special ecological, historical, or aesthetic importance and are to be used in conservationist, recreational, educational, scientific, and cultural purposes. Decision on the establishment of state nature parks of national importance (national parks) and the approval of their Statute are made by the Government of Tajikistan on application of designated authorities. Decisions on the establishment of natural parks of local importance (provincial parks) are made by local communities based on application of designated authorities. The SPA act on the basis of statutes approved by establisher authorities. Differentiated protection and utilization regimes determined by the Regulation on State Nature Park in accordance with local natural and social peculiarities. Therefore, national nature parks are divided into the following zones: - zapovednik zones with protection regimes applied to state nature reserves; - zakaznik zones, protection zones of historical objects, zones of recreation, economic and other use that do not contradict goals of the state nature park. Possibility and expedience of dividing territory of a state nature park into zones are determined by designated nature conservation authorities. Uzbekistan Nature park SPA aimed at conservation and use of natural objects and complexes of special ecological, cultural, and aesthetic importance in conservationist, recreational, scientific, or cultural purposes The SPA’s are state nature conservation institutions. National nature parks are established by decision of the Cabinet of Uzbekistan. Nature parks of local importance are established by decisions of local administrations on application of a designated governmental authority. The SPA act on the basis of statutes approved by designated state authorities. Protection regimes differ according to the following zones: - zapovednik zones - zones of recreation, economic and other use Should there be conditions for health resorts in a nature park, special resort zones are outlined, with protection regimes specified for natural health resort areas Regime Banned in zapovednik zones are any economic and recreational activities. These zones have a protection regime provided for state strict nature reserves (zapovednik). Zakaznik zones provide conditions for conservation of natural complexes and objects, with strictly regulated land uses that include recreation, limited economic activities, administrative and fabrication functions, and visitor services; allowed are sport hunting and fishing, exploitation of recreational centers, hotels, camping sites, museums and other tourist facilities Banned are any activities that threaten protected natural complexes and other objects, in particular: - activities that alter water regimes of the parks; - construction and exploitation of industrial or other objects irrelevant to the park activities; - prospecting and mining for mineral resources; - principal felling of forests; - introduction of new species of animal and plant. Regulations on national nature parks may restrict or ban other types of activity in the park that decrease natural, scientific, aesthetic, and cultural values of its territory. Banned are: - activities that threaten the existence of natural complexes and protected historical and cultural objects; - prospecting and mining for mineral resources; - felling trees and shrubs, immethodical use of flora and fauna; - manufacturing activities that are dangerous to the environment (pulp and paper mills, chemical industry); - activities that alter the water regime; - construction of principal roads, pipelines, power lines and other utilities irrelevant to park activities; - introduction of living organisms for acclimatization. According to the Regulation on Natural Parks, other types of activity may be banned or restricted in the park, if they decrease natural, scientific, aesthetic, and cultural values of its territory. Peculiarities A SPA of national importance Not provided for The SPA may be of national importance (national parks) or of local importance (provincial parks) Zapovednik zones have protection regimes provided for state strict nature reserves. Depending on status of nature objects and complexes, recreational zones may be divided into sites with different protection regimes. Zones of economic or other land use may be used for settlements and activities that do not disturb natural objects and complexes. Protection regimes of each zone are determined by the Regulation on Natural Parks. In a nature park it is forbidden: - to cut trees and shrubs (except for improvement thinning and sanitation felling); - to alter water regimes and hydrogeological regimes; - to carry out road or other communication works that do not fit into park activities; - to store and bury wastes, to discharge effluents; - to introduce alien species and subspecies of living organisms for acclimatization purposes. Other types of activity that may harm natural objects and complexes can be limited or banned in nature parks. The SPA may be of national importance (national nature parks) or of local importance (provincial parks) Comparison Table 4 – Zakaznik Nature Reserves Comparison object Kazakhstan Kyrgyzstan State Nature Reserve State Nature Reserve (zakaznik) Term in Use (zakaznik) Countries of Central Asia Tajikistan State Nature Reserve (zakaznik) Turkmenistan Nature Reserve (zakaznik) State zakaznik reserves are established by decision of the Cabinet of Uzbekistan on application of designated authorities as well as of legal or physical persons. Zakaznik reserves of local importance are established by decisions of local administrations on application of a designated governmental authority as well as of legal or physical persons. Protection regimes of each zakaznik reserve are detailed in their Statutes approved by governmental authorities, legal or physical persons that are in charge of the reserve. A state nature reserve (zakaznik) or a site with a regulated regime of economic activities aimed at conservation and reproduction of one or several objects of the state protected natural fund. Decision is made by the Government on application of designated authorities after the ecological and technicaleconomic feasibility analysis was approved by the state environmental audit The SPA are established for the conservation, reproduction, and restoration of natural complexes or their parts in order to solve conservationist problems of the reserve. Sites allocated for conservation and restoration of natural complexes or their parts for the period necessary for completing this task. Established by a governmental regulation or by decisions of provincial administrations. State zakaznik reserves are established by decision of the Cabinet of Tajikistan on application of designated authorities. Zakaznik reserves of local importance are established by decisions of provincial or local authorities. Established according to the Standard Regulation on State Zakaznik Reserves of Turkmenistan (1995). Management The central executive authority, which supervises state zakaznik reserves, organizes actions on conservation and restoration of state protected objects within the reserves. They are carried out by special agencies financed from the sources allocated for SPA’s. Goals, objectives, and regimes of state zakaznik reserves are determined in their Statutes approved by the supervising authority. Establishment and functioning of the reserves are financed from the state budget and other sources. Goals, objectives, and regimes of state zakaznik reserves are determined in their Statutes. Costs associated with the establishment and functioning of the reserves are covered from the state budget and other sources. Regime Banned are any activities that threaten existence or reproduction of protected objects. State nature zakaznik reserves can be used, according to their Statutes, for scientific, educational, awareness-raising, and limited economic activities. Owners and land users can carry out economic activities in state zakaznik reserves, if they observe established limitations. Banned are types of activity that contradict goals of the zakaznik reserves, in particular: regimes of complex zakaznik reserves are equivalent to those of state strict nature reserves (zapovednik) and ban economic activities that threaten persistence of natural complexes; regimes of zoological zakazniks ban all types of hunting for wild animals, destroying their structures and shelters, collecting eggs and other activities that may cause death of the animals; regimes of botanical zakaznik The state zakaznik reserves of national importance are supervised by designated authorities and financed from the state budget. Subordination and financing of zakaznik reserves are determined by the authorities that make decisions on their organization. Statutes of zakaznik reserves should be approved by the establisher of the reserves. Banned or restricted on territories of state zakaznik reserves are any activities that contradict objectives of the reserves. Objectives and protection details of each state zakaznik reserve are specified in its Statute. Companies, institutions, and organizations that own land within borders of state zakaznik reserves must observe protection regimes of the reserves. Definition Establishment procedure Uzbekistan State Nature Reserve (zakaznik) The SPA are established for the conservation, reproduction, and restoration of parts of natural complexes for the period necessary to solve conservationist problems of the reserve. Banned or restricted on territories of state zakaznik reserves are any activities that contradict goals of the reserves. SPA aimed at conservation, reproduction, and restoration of natural objects and complexes. Banned within territories of the zakaznik reserves (except for complex landscape zakaznik reserves), permanently or temporarily, are any activities that may harm natural objects of complexes. Legal persons and individuals that own land or water within borders of zakaznik reserves must observe the established protection regimes. Peculiarities A SPA of national importance. There can be the following types of state zakaznik reserves: - zoological; - botanical; - hydrological; - geological; - geomorphological; - hydrogeological; - soil; - landscape; - complex. reserves ban cattle grazing, hay harvesting, collecting flowers, bulbs and tubers, making fires, driving vehicles and other activities that may cause destroy plants; regimes of forest zakaznik reserves ban cattle grazing, hay harvesting, all types of felling (except for sanitary cutting), introduction of tree plants alien to the area; regimes of hydrogeological zakaznik reserves ban extraction of stone, gravel, sand and other minerals, destruction of caves, excavations, activities that may alter natural hydrological regimes, surveys and research activities associated with destruction of natural components of the reserve. Subdivided to zakaznik reserves of national importance, with duration of 10 years or more, and zakaznik reserves of local importance, with duration of up to 5 years. Thematically, they are divided to the following types: complex reserves; zoological reserves; botanical reserves; forest reserves; hydrogeological reserves. The SPA may be of national or local importance None The zakaznik reserves are established for at least 10 years or permanently. They can be of national or local importance; state or private; corporate or non-corporate. They are subdivided to the following types: biological (botanical, zoological); - paleontologic; hydrological (mire, lake, river); geological; - mineralogical Comparison Table 5 – Land Use in SPA’s Comparison object Land tenure Land category Land allocation procedure Scheme of land allocation Kazakhstan Kyrgyzstan Countries of Central Asia Tajikistan Uzbekistan State owned State owned State owned State owned Lands of specially protected areas of nature Lands of specially protected areas of nature (except for game zakaznik reserves) Allocation of lands to categories and from one category to another is made by designated authorities within their competence. Protected conservation lands of zakaznik reserves (except for game zakaznik reserves) Lands are allocated by designated executive authorities. Protected conservation lands Protected conservation lands. Lands are allocated to categories according to long-term plans of land use approved by the Government of Turkmenistan. Lands are allocated by the Cabinet of Uzbekistan. Land allocation is maintained by the Land Management Committee of Kyrgyzstan and its local bodies. The decision is made by designated authorities. Government of Tajikistan allocates plots for perpetual and limited land use from all land categories with no regard of plot size as agreed with local, municipal, and provincial executive authorities and the Land Management Committee of Tajikistan. Lands are allocated by decision of the Government of Turkmenistan. In accordance with the Statute of the reserve. Lands for SPA establishment are allocated by decisions of local governmental authorities on application of designated governmental authorities as well as legal or physical persons. The lands owned by the state are managed by the Cabinet of Uzbekistan. The right for land plots arises after land plots are delineated, plans and descriptions made, and ownership papers state registered. The decision on establishment of a state zapovednik reserve is made by Cabinet of Uzbekistan on application of a designated authority. Not provided for Nature parks are situated on plots allocated to them for use and on plots that belong to other legal and physical persons. Establishment of state zakaznik reserves does not entail a withdrawal of corresponding plots of land or water from owners or users. Land plots can be allocated to legal or physical persons for the establishment of private zakaznik reserves. Land plots and nature objects are allocated for Allocation of lands to specially protected areas of national importance is made by the Government of Kazakhstan, while allocation of lands to specially protected areas of local importance is made by provincial executive authorities on application of central executive authorities after the ecological and technical-economic feasibility analysis was approved by the state environmental audit Land allocation for SPA’s is based on the programme of SPA development. Lands are allocated without withdrawal of plots from users and owners. The right of land use is granted by governmental regulations. Measuring works on land allocation for specially protected areas are financed from the state budget or local budgets, depending on the SPA category. Peculiarities for zapovednik reserves They have right for land use (are land users). Plots of land and water are withdrawn from economic exploitation and allocated for perpetual use with all natural resources and objects that are found within their borders. Peculiarities for national nature parks Zones of limited economic use may include plots allocated to the park for perpetual use or settled without withdrawal from other owners and users. The zakaznik reserves are established on plots without their withdrawal from owners and users. The owners and users shall provide the right of a limited Plots of land or water with all natural resources and objects within them are allocated to nature parks for perpetual use. Land is allocated, completely and free, for perpetual use as a zapovednik reserve. The order of land use is determined by supervising authorities. Leasing land and other natural resources of the reserve is forbidden. Nature parks are situated on plots allocated to them for use or ownership and on plots of other owners and users. Establishment of state zakaznik reserves does not entail a withdrawal of corresponding plots of land or water from owners or users. Establishment of state zakaznik reserves does not necessitate a withdrawal of corresponding plots of land or water from owners or users. Peculiarities for zakaznik reserves Turkmenistan State owned appropriated use of the settled plots. incorporated private zakaznik and state zakaznik reserves in accordance with a standard procedure. Plots that contain non-corporate zakaznik reserves are not withdrawn from economic use by their owners and tenants. Comparison table 6 – Management of natural objects Comparison object Conservation of nature (natural environment) and land management Wildlife Forests SPA Kazakhstan Ministry of nature conservation of RK (Governmental Decree No 1113 from 28.10.2004) Countries of Central Asia Designated state authorities (regulatory legal act) Kyrgyzstan Tajikistan Turkmenistan Ministry or ecology and emergency response (Governmental Decree of KR No 140 from 18.03.2005) Forestry and Game Committee of the Ministry of Agriculture of Republic Kazakhstan (Governmental Decree of Republic Kazakhstan No 310 rom 06.04.2005) State Forestry Service of Kyrgyzstan Republic (Presidential edict No 3 from 04.01.2002) Ministry of nature conservation of RT (Law of RT No 905 from 27.12.1993); State committee of environmental protection and forestry of RT (Governmental Decree No 70 from 01.03.2004) Ministry of nature conservation of RT (Law of RT No 990 from 20.07.1994); Local councils (majlis)of people’s deputies (Law of RT No 990 from 20.07.1994) Forestry production association of RT (FPA "Tajikles") (Law of Republic Tajikistan No 770 from 24.06.1993) State committee of environmental protection and forestry of RT (Governmental Decree No 70 from 01.03.2004) Ministry of nature conservation of Turkmenistan (Law of Turkmenistan No 230-I from 12.11.1991; Law of Turkmenistan No 230-I from 12.06.1997) Uzbekistan State Committee of RUz for nature conservation (Resolution of the Cabinet of RUz from 01.04.1998); Forestry Board of the Ministry of agriculture and water management of RUz (Presidential edict of RUz No УП-2536 from 07.02.2000) Forestry Board of the Ministry of agriculture and water management of RUz (Presidential edict of RUz No УП-2536 from 07.02.2000) State Committee of RUz for nature conservation (Resolution of the Cabinet of RUz from 01.04.1998); Forestry Board of the Ministry of agriculture and water management of RUz (Resolution of the Cabinet of RUz from 28.07.2003) Fish and other water animals Fisheries Committee of the Ministry of agriculture of Republic Kazakhstan (Governmental Decree of RK No 310 from 06.04.2005) Ministry or ecology and emergency response (Governmental Decree of KR No 140 from 18.03.2005) State fisheries committee of Turkmenistan (Law of Turkmenistan No 230-I from 12.06.1997) State Committee of RUz for nature conservation (Resolution of the Cabinet of RUz from 01.04.1998); Comparison table 7 – SPA Management Comparison object Zapovednik reserves National nature parks Zakaznik reserves of national importance Kazakhstan Forestry and Game Committee of the RK Ministry of Agriculture (RK Governmental Decree No 310 from 06.04.2005) Countries of Central Asia Designated state authorities (regulatory legal act) Kyrgyzstan Tajikistan Turkmenistan State Agency for environment conservation and forestry of the KR Government (KR Governmental Decree No 617 from 16.12.2005) State Environment and Forestry Committee of RT (RT Governmental Decree No 70 from 01.03.2004) Ministry of Nature Conservation of Turkmenistan (Law of Turkmenistan from 12 November 1991, Law of Turkmenistan from 12.06.1997 No 230-I) State Agency for environment conservation and forestry of the KR Government (KR Governmental Decree No 617 from 16.12.2005) except for the Ala-Archa national park that is managed by the Presidential Administration of KR. Not provided for (the SPA type is not stipulated). State Agency for environment conservation and forestry of the KR Government (KR Governmental Decree No 617 from 16.12.2005) Ministry of Nature Conservation of Turkmenistan (Law of Turkmenistan from 12.11.1991, Law of Turkmenistan from 12.06.1997 No 230-I) Uzbekistan State Committee of RUz for nature conservation (Resolution of the Cabinet of RUz from 01.04.1998); Forestry Board of the Ministry of agriculture and water management of RUz (Resolution of the Cabinet of RUz from 28.07.2003) State Committee of RUz for nature conservation (Resolution of the Cabinet of RUz from 01.04.1998); Forestry Board of the Ministry of agriculture and water management of RUz (Resolution of the Cabinet of RUz from 28.07.2003) except for the national park managed by the Tashkent Khakimat (administration). State Committee of RUz for nature conservation (Resolution of the Cabinet of RUz from 01.04.1998); Forestry Board of the Ministry of agriculture and water management of RUz (Resolution of the Cabinet of RUz from 28.07.2003) Comparison Table 8 – Ratified international treaties Comparison object Convention in biological diversity (CBD) Biosafety Protocol Convention in International Trade in Endangered Species of Wild Flora and Fauna (CITES) The Convention in the Conservation of Migratory Species of Wild Animals (Bonn convention) United Nations Convention to Combat Desertification (UNCCD) The Convention in Wetlands of International Importance, especially as Waterfowl Habitat (Ramsar Convention) Convention in access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention) UN Framework Convention in Climate Change Basel Convention in the Control of Transboundary Movements of Hazardous Wastes and Their Disposal Convention Concerning the Protection of the World Cultural and Natural Heritage (UNESCO WHC) Vienna Convention for the Protection of the Ozone Layer The Montreal Protocol in Substances That Deplete the Ozone Layer Countries of Central Asia -Dates of ratification / joining (according to convention secretariats) Kazakhstan Kyrgyzstan Tajikistan Turkmenistan Uzbekistan Ratified in September 1994 Joined in August 1996 Joined in October 2005 Joined in October 1997 Joined in February 2002 Joined in September 1996 Joined in July 1995 - - Joined in January 2000 - - - Joined in July 1997 Ratified in December 2005 - Joined in February 2001 - Joined in September 1998 July 1997 Joined in September 1996 Joined in July 1997 Ratified in September 1996 Ratified in October 1995 Ratified in December 2005 Joined in March 2003 Joined in November 2001 - Joined in February 2002 January 2001 Joined in May 2001 Joined in July 2001 Joined in June 1999 - Ratified in May 1995 Joined in May 2000 Ratified in July 1997 Joined in June 1996 Joined in May 1993 Joined in September 1997 Ratified in February 1996 - Ratified in August 1996 Ratified in May 1996 Joined in April 1994 Joined in July 1995 Succeeded in August 1992 Succeeded in September 1994 Succeeded in January 1993 Joined in October 1997 Joined in May 2000 Ratified in December 1997 Joined in November 1993 Ratified in May 1997 - Ratified in Ratified in