Decree of the Ministry of Agriculture No. 101 / 1996 Coll.
Decree of the Ministry of Agriculture laying down details of forest protection measures and model of service badge and model of forest guard identification
Valid
Order
Effective from 29.04.1996
Contents
101
DECLARATION
Ministry of Agriculture
of 28 March 1996
laying down the details of the forest protection measures and the model of the service badge and the model of the forest guard licence
The Ministry of Agriculture provides, pursuant to § 32 (10) and § 38 (7) of Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act):
INTRODUCTORY PROVISIONS
Tasks for forest protection
Forest protection includes a set of measures to create conditions and assumptions to limit the occurrence of harmful factors, (1) mitigate the consequences of their action, protection and defence against them.
Forest protection
(1) When ensuring forest protection, forest health is monitored, harmful factors are identified and specific forest control and protection methods are carried out against individual harmful factors.
(2) The population density of the pest distinguishes
(a) a basic condition such as a low population density of pest, in which there is no risk in the same year or in the following generation of pest, which is one complete cycle of its development, of its overgrowth which would result in economically significant damage to forest areas;
(b) an increased state as a population density of pest, in which there is no economic significant damage to forest areas, but which demonstrates the possibility of economically significant damage in the same or subsequent generation of pest, a threat to forest performance or to forest degradation;
(c) the calamity status as the population density of pest in which economically significant damage to forest areas occurs, the threat to forest functions or the destruction of forest areas.
(3) If an increased situation is present, the forest owner shall inform the State Forest Administration in writing.
(4) The forest owner shall keep records of the calamite pests that have reached an elevated or calamity according to the vegetation [§ 2 (s) of the Forest Act]. The record shall contain the following information:
(a) the species of calamite pest,
(b) localisation of the occurrence;
(c) the extent of damage (m3 or ha);
(d) the date of detection of the damage;
(e) the date and type of defensive action against the pest.
(5) The forest owners operating under the forest economic plan (Section 24 (2) of the Forest Act) carry out an annual summary of the damage and the occurrence of calamite pests for forest property or for forest economic unit, 2) using the form set out in Annex 1 to this Decree.
Calamite pests
(1) Calamite insect pests are the crème crème, the spruce lákovrout, the glossy lákovrout, the north crème crème, the blueberry wrapper and the flat loins.
(2) The points of view for determining the basic, increased or calamity of the calamity insect pests and the basic methods for detecting the occurrence, control and defence against such pests are set out in Annex 2 to this Decree.
PROTECTION OF WOODS AGAINST SUPPLIED BIOTIC ACTIVITIES
Protection of the forest from insect pests
(1) The emergence of increased insect pest status is prevented by the detection of the occurrence by reducing the population density of insect pests, in particular by removing material suitable for the reproduction of insect pests, the treatment of forest crops and the continuous searching and early processing of all infected trees.
(2) If an increased or calamity is present, the forest owner shall immediately take measures to reduce insect pests under the calamite state, to eliminate damage or to prevent further spread of pests.
(3) All logs, reflows and wood which are attractive for the development of insect pests incurred by 31 March must be processed or capped by 31 May at the latest, in forest areas which at least partially reach a position above 600 m altitude by 30 June of the current year.
Protection of the forest against animal damage
(1) To reduce the damage caused by game, the forest owner shall take the following preventive measures:
(a) monitor and record the damage caused by animals on forest crops;
(b) in the case of forest property of more than 50 ha, it shall monitor the effects of game on raids, nations and cultures by means of control and comparison areas of at least one area (fence) per 500 ha;
(c) monitor animal numbers;
(d) uses auxiliary timber to increase the maintenance of the hunt;
(e) where appropriate, propose to the public administration of forests to reduce the status of game or to abolish the farming of the type of game which causes disproportionate damage;
(f) it protects endangered forest crops against the bite, peeling and winter crust, in the range of at least 1% of the area of the forest of the owner in the chase.
(2) The manner, scope and location of the protection measures referred to in paragraph 1 (d) and (f) shall be determined by the forest owner, unless otherwise provided for in the contract for the hire of a horse-hunt.
(3) The measures referred to in paragraph 1 shall be considered appropriate. (3)
Protection of forest against damage caused by other pests
(1) The measures against damage caused by other pests consist of:
(a) monitoring their occurrence;
(b) in the event of their overgrowth in the use of biological methods of reducing the stocks or uses of approved pesticides (§ 8).
(2) The State administration of forests should be informed of the occurrence of pests causing economically significant damage.
Protection of the forest against fungal diseases of forest trees
Measures against fungal diseases shall consist in particular of:
(a) maintaining the purity of the forest, the disposal of sources of infection, in a consistent defence and protection against agents and vectors of fungal and other infectious diseases;
(b) in the selection of healthy seed material and seed, without pests and diseases and without obvious signs of damage;
(c) under continuous control of the health status of seeds and seedlings;
(d) the use of suitable forest protection products (Section 8).
Conditions for use of plant protection products
(1) Only approved plant protection products may be used in forest protection.
(2) The air application is carried out under specific legislation12).
Calamity of regional or national scope
(1) The Calamity of a regional or national scale is a threat to the environment, consisting of the extent of damage or destruction of forest areas caused by abiotic or biotic agents, which goes beyond the possibility of individual forest owners to process calamite-affected wood in a timely or efficient manner and in which the conservation of forests on a regional or national scale is threatened.
(2) Where the calamity of a regional or national scale and the consequences thereof referred to in paragraph 1 cannot be managed by the normal activities of administrative authorities, regional and municipal authorities, measures under specific legislation13 may be used.
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Details of the assumptions for the performance and verification of the forest guard function
(1) Law 5) The conditions laid down for the performance of the function of forest guards are evidenced by a natural person to be designated by the forest guard (hereinafter referred to as "applicant") on the forest guard record sheet (hereinafter referred to as "register sheet"), a specimen of which is set out in Annex 3 to this Decree. The record sheet shall be issued to the applicant by the authority of the state administration of the forests to be designated by the forest guard.
(2) The fact that he was not convicted of an intentional offence is evidenced by the applicant's statement of evidence of the Register of Penalties, 6) not earlier than 3 months, which he submits to the administration of the forest, together with the completed register.
(1) Health-qualified for the function of forest guards are persons whose health status does not exclude moderate or severe physical burden, does not restrict outdoor stay, movement in uneven terrain, persons who do not have reduced orientation, particularly severe hearing and vision diseases, do not suffer from collapses and seizures including epilepsy, diabetes mellitus, severe mental illness or severe personality disorder, or other diseases that restrict or exclude the performance of forest guards.
(2) The applicant shall provide evidence of medical fitness with a medical assessment (hereinafter referred to as the "assessment ') of the assessor. The medical assessor is the chosen physician with whom the candidate is registered for medical treatment.
(3) The applicant's medical fitness shall be assessed in preventive checks of entry, periodic and exceptional. The medical assessment shall be carried out by the medical assessor on the basis of the results of the medical examination or any other necessary examinations. The opinion shall be delivered in accordance with a specific legislation. 7)
(4) The report to be issued on the record sheet must always bear the signature of the assessor, his nameplate, the stamp of the medical establishment and the date of completion. The assessment shall clearly state that the candidate is eligible for the performance of the forest guard function or unfit, or that he is only eligible under conditions which are clearly expressed in the opinion.
(1) Knowledge of the rights and obligations of the forest guards shall be demonstrated by means of a written test and oral interview before the staff member of the competent authority of the forest administration, which:
(a) fulfils the conditions for the performance of a function requiring specific competence in the field of forestry management under special legislation, 8); or
(b) has achieved complete secondary education in the forestry sector and at least 3 years of experience in the public administration of forests; or
(c) achieve higher education in the forestry sector and at least 1 year of experience in the public forest administration body;
and designated by the competent authority of the state administration of forests.
(2) The written test shall consist of three parts of the legislation governing the rights and obligations of forest guards and the protection of forests under forest law, infringement and infringement proceedings (9), including block management, definition of the status and competence of a public official in terms of criminal law10), and criminal proceedings in terms of cooperation of forest guards with law enforcement authorities and reporting obligations under criminal law. 11) The written test contains a total of 20 questions
(a) 10 questions from forest law;
(b) 5 questions from the law on offences; and
(c) 5 questions from criminal law and the Code of Criminal Procedure.
The scope of each test question shall be determined and updated by the Ministry of Agriculture as necessary.
(3) The written test shall be evaluated as "passed 'or" failed'. The applicant complied with the written test if he answered at least 15 questions correctly.
(4) The condition for holding an oral interview is that the candidate has passed the written test. The oral interview shall not take more than 30 minutes and the tenderer shall answer at least one question from each part referred to in paragraph 2 (a), (b) and (c). The time to prepare the response shall be at least 15 minutes. The oral interview shall also be evaluated as "passed 'or" failed'.
(5) The knowledge of the rights and duties of the forest guard shall be deemed to have been proven if the applicant has complied with both the written test and the oral interview. The result of the written test and the oral interview shall be recorded on the record sheet.
(6) A candidate who has not demonstrated knowledge of the rights and obligations of the forest guard may be subjected to a new written test not earlier than three months after the previous failed written test. If the applicant does not comply only in an oral interview, he shall repeat the oral interview at least one month after the previous unsuccessful oral interview. The written test and oral interview may be repeated no more than twice.
The model of the service badge and the model of the forest guard licence are set out in Annex 4 to this Decree.
EFFECTIVE
This decree shall take effect on the day of its publication.
Minister:
Ing. Lux v. r.
Příloha č. 1
Annex No 1 to Decree No. 101 / 1996 Coll.
Annual registration of harmful factors
| Hmyzí škůdce | Výskyt (m3, ha) | Asanováno/ošetřeno (m3, ha) | |
|---|---|---|---|
| zvýšený | kalamitní | ||
| Lýkožrout smrkový | |||
| Lýkožrout severský | |||
| Lýkožrout lesklý | |||
| Klikoroh borový | |||
| Ploskohřbetky na smrku | |||
| Bekyně mniška | |||
| Obaleč modřínový | |||
Note: In the case of fibula-eaters, only the presence in m3 is reported and only one value (either increased or calamity) is reported. In the same units, the column shall be completed and / or treated. For other calamite pests, the occurrence and treatment are reported only in ha.
Příloha č. 2
Annex No 2 to Decree No. 101 / 1996 Coll.
Attractions for determining the baseline, elevated and calamatic status of calamity insect pests and methods of control and protection against such pests
Spruce lychees (Ips typographus), North lychees (Ips duplicatus) and Shellfish (Pityogenes chalcographus)
Basic condition
is such a numerical state of the fibula-eaters, where the volume of bark wood from the previous year on average did not reach 1 m3 per 5 hectares of spruce, and there were no outbreaks of the fibula-eater.
Elevated
is such a numerical state of the fibula-eaters, where the volume of bark wood from the previous year on average reached or exceeded 1 m3 per 5 ha and did not reach 5 m3 per 5 ha of spruce, and outbreaks of the fibula-eater occurred. This makes it clear that there is a potential for a calamatic overgrowth of the fibula-eater.
Calamity
is such a numerical state of the fibula-eaters, where the volume of bark wood from the previous year has on average reached or exceeded 5 m3 per 5 ha of spruce, causing extensive damage to forest areas on the walls or the occurrence of outbreaks within forest areas up to a surface attack of forest areas.
Coriander wood are trees, produced wood, waste and residues of wood from mining, which are infected by lilac eaters and allow them to complete the development up to the beetle stage.
For the purposes of this decree, spruce shall mean forest with a presence of spruce over 20% of the age of 50. The area of spruce shall be determined by the sum of the areas of the grassland groups with the abovementioned minimum presence of spruce within the forest economic unit of one owner.
Basic methods of control and protection
The check is performed both visually during walks and by means of trap devices (pheromone traps, traps or poisoned traps - ČSN 48 1000). The purpose of the check is to detect the occurrence of the pest and its development phase in order to determine the dates for protection.
The basis of the protection is the active search for trees currently infected by the fibula-eater, but the fibula-eater still unabandoned, so-called bark trees, and their timely and effective rendering. The occurrence of bark trees is detected year-round in forest areas. Dry trees are not considered as bark trees, completely abandoned, so-called bark trees.
Protection also consists of the deployment of trap devices (pheromone traps, traps or poisoned traps - ČSN 48 1000). The number of catch facilities applied is based on a calamite basis, which is the volume of bark wood (in m3) processed in time over the period 1 August to 31 March of the following year.
Trees like capers are cut down in so-called series (spring swarm capers including sisterly sintering, and season II for summer sintering), according to the procedure of their infestation; more are added to the traps already placed depending on the level of catch of the fibula.
Early and effective rendering is an act to prevent a fibula-eater from finishing development in bark wood or leaving the wood and attacking other trees. Timely and effective rendering can be done mechanically, for example by a deformation adapter for motor saw, or chemically using insecticides. Only removal of bark wood is not considered timely and effective rendering.
Spruce lychees (Ips typographus)
In the basic condition, the control of this fibula-eater shall be carried out by means of catch-setting devices which are located in the spring and summer season, at least 1 head for every 20 hectares of spruce crops. At the same time, the occurrence of bark trees is monitored year-round and their timely and effective rendering is ensured.
In an increased condition, the protection against this fibula-eater in spruce crops is carried out by means of catching devices. The number of catch devices for the capture of spring (first) spawning of the lentils shall be determined on the basis of the calamite base and shall be equal to the quantity equivalent of 1 / 10 of the volume of the bark wood processed in time. One catch device shall be added to the number thus determined for each starting 1 m3 of bark wood, which is newly partially or completely abandoned by the fibula-eater.
At the same time, active search of bark trees is carried out and their timely and effective rendering is ensured.
In the case of a calamatic condition, the primary objective is to ensure active searching of bark trees, their timely and effective rendering in the crop or their subsequent transport for processing, while timely and effective rendering will take place at the processor or at replacement landfills outside the forest. The extraction of bark-like land may be postponed.
In the case of a calamity condition, catch devices shall be used to protect at least the quantity corresponding to the quantity of catch devices for the upper limit of the elevated condition. According to local conditions and with a view to ensuring the primary objective, the number of catch facilities may be reduced up to the minimum required in the basic condition to ensure control - the use of this procedure may be applied where the volume of bark wood from the previous year on average exceeds 50 m3 per 5 ha of spruce crops.
The number of containment devices for protection shall be determined separately for each outbreak of the mast in an elevated or calamitous state; in the case of isolated occurrence of only individual bark trees, it is possible to take all bark trees on an area of 1 ha as an outbreak of the mast.
Norway lobster (Ips duplicatus)
The occurrence check shall be performed both visually on walks and using pheromone traps.
The basis of protection is active search of the affected trees and their timely and effective rendering.
Pollack (Pityogenes chalcographus)
This pest is subject to the same methods of determining the number status, control and protection as those of a spruce-eater, with the difference that weaker trees or tops of stronger trees are used for the seabream, which better suit this species. It is also possible to use the traps prepared for the spruce-eater. In particular, timely searching and timely and effective rendering of bark wood is necessary. In early and efficient rendering, instead of deburring, burning is used in compliance with applicable fire protection regulations. The prevention of overgrowth is the maintenance of forest cleanliness by removing wood residues from mining (chipping or burning).
Bekyně monška (Lymantria monacha), blue-necked (Zeiraphera griseana), flat-backs of the genus Cephalcia
Basic condition
is the number state of the pest which causes undetectable corrosive agents that do not exceed 5% defoliation on individual trees.
Elevated
is such a numerical state of the pest where damage to forest areas is evident, but even on the most damaged trees, defoliation does not exceed 30%.
Calamity
there is such a numerical state of the pest that causes severe damage to forest areas, and on individual trees there are corrosives in which defoliation has exceeded 30%.
Basic methods for detection and protection
Bekyn (Lymantria monacha)
In the basic condition, the presence of a hermit monk is determined in a two-way way, either by watching the droppings of caterpillar droppings on the surface of the rake under the trees (for every 20 hectares of endangered forest areas, the rake under a single tree is checked - the so-called truss method), or by monitoring the occurrence of butterflies during random walks through a controlled forest crop (so-called walking method).
In the case of elevated or calamity, these detection methods shall be supplemented by accurate monitoring of hatching caterpillars under duct tape on selected groups of labelled trees (so-called gluing), accurate checking of the amount of droppings on the laid frames (so-called carpentry method) and checking of the number of female sitting females on the bases of indicated trees (so-called Wellenstein method).
The protection consists of the aerial application of insecticides which kill the youngest development stage of the crème crème crème.
Blue whiting (Zeiraphera griseana)
In its basic state, the occurrence of the spruce form is determined by the appearance of larvae by monitoring the symptoms of larvae on spruce fever (the so-called walking method) or by catching male butterflies into catching devices (the so-called pheromone method). The inspection shall be carried out one per 100 ha of endangered forest areas.
In the case of elevated or calamity, these detection methods shall be supplemented by accurate monitoring of the number of eggs landed on the branches of sample trees (cutting down 1 sample tree per 100 ha of affected area).
The protection consists of the aerial application of insecticides which kill the youngest development stages of larvae (caterpillar) of the larvae.
Flat-backs on spruce (Cephalcia abietis, C. arvensis, C. alpina)
In the basic condition, the occurrence of a flat back is determined by the annual autumn indicative check of the number of winter larvae in the soil using so-called soil probes. One probe per 20 ha of forest is carried out in forests with repeated occurrence. In other forest areas, flat-backs are checked by monitoring the symptoms of caterpillar cress in tree crowns or on a forest gate.
In the case of increased or calamity, these methods of detection shall be supplemented by accurate autumn and spring monitoring of the number of winter larvae using soil probes in a minimum of 20 probes of 50 x 50 cm per 50 ha of forest area, followed by a check of the intensity of spawning of adults, which is detected by an errand of endangered forest crops. In addition, the number and state of health of the unloaded eggs on the branches of the cut-off samples (2 samples per 100 ha of affected area) shall be examined.
The protection consists of the aerial application of insecticides which kill the youngest development stages of larvae (caterpillars) of the flat back.
Pome perch (Hylobieus abietis)
Basic condition
is such a numerical state of the pest that does not cause damage. Individual slightly damaged seedlings occur only in 1-year and 2-year cultures of up to 30% of the total.
Elevated
is such a numerical state of the pest, where weakly damaged seedlings occur in quantities above 30% and severely damaged seedlings occur which do not exceed 20%.
Calamity
is such a numerical state of the pest that causes severe damage to seedlings from more than 20%.
Basic methods for detection and protection
The occurrence of pests shall be detected in all newly established coniferous cultures for at least two years after their establishment. In order to assess the degree (state) of occurrence of clicorah, a check of seedlings is used primarily by means of an errand, with at least 50 seedlings per ha of area, preferably in several groups. The weak damage is characterized by a breach of a maximum of one quarter of the circumference of the cumin, with a strong range exceeding that value.
Protection consists of preventive treatment of insecticide seedlings before planting. It is recommended that the individual seedlings be sprayed with insecticide in an elevated or calamitous state.
Příloha č. 3
Annex No. 3 to Decree No. 101 / 1996 Coll.
Příloha č. 4
Annex No. 4 to Decree No. 101 / 1996 Coll.
Model of service badge and forest guard pass
1) § 2 (f) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
2) Decree of the Ministry of Agriculture No. 84 / 1996 Coll., on Forest Economic Planning.
3) Paragraph 34 (4) of Act No. 23 / 1962 Coll., on hunting, as amended.
4) Act No. 61 / 1964 Coll., on the development of plant production, as amended. Decree of the Ministry of Agriculture, Forestry and Water Management and Ministry of Justice No. 62 / 1964 Coll., which issues implementing regulations for the plant development law.
5) Paragraph 38 (3) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended.
6) Paragraph 11 (1) of Act No. 269 / 1994 Coll., on the Register of Penalties.
7) § 77 of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended.
8) Decree No. 51 / 1998 Coll., establishing the conditions for the performance of functions requiring special competence in the district offices and municipal offices (Order on special competence), as amended by Decree No. 121 / 1999 Coll.
9) Act No. 200 / 1990 Coll., on Infringements, as amended.
10) Act No. 140 / 1961 Coll., Criminal Act, as amended.
11) Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended.
12) Act No. 326 / 2004 Coll., on Plant Health and on the amendment of certain related laws, as amended.
13) For example, Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain related laws (Crisis Act), as amended.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 101 / 1996 Coll., setting out details of the forest protection measures and model of service badge and model of forest guard certificate |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1996 |
|---|---|
| Effective from | 29.04.1996 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Forests, Forestry
Administrative law
The regulation text is for informational purposes only.
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