Decree No. 152 / 2006 Coll.
Ordinance on a derogation from the procedure for the protection of birds and exemption from the basic protection conditions of specially protected bird species for marking them
Valid
Effective from 24.04.2006
152
DECLARATION
of 6 April 2006
on a derogation procedure for the protection of birds and exemption from the basic protection conditions of specially protected avian species for marking them
According to Articles 5b (4) and 56 (4) of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended by Act No. 218 / 2004 Coll., hereinafter referred to as "the Act ':
Subject matter and purpose of the adjustment
This Decree provides for a derogation for the protection of species of birds living freely in the European territory of the Member States of the European Communities (hereinafter referred to as "birds') for their capture within the meaning of § 5a (1) (a) of the Act and allows for an exemption for the capture and destruction of individuals of specially protected species of birds within the meaning of § 50 (2) of the Act in the Czech Republic. The derogation and exemption are established for the purposes of research into the ecology, migration and spatial activity of birds through the labelling of their individuals.
Means, method and methods authorised to catch birds
(1) In the case of bird capture, only the method of catch in the impactor's nets, tilt-trapping and direct catch of non-fly pups may be used by the person advancing under this decree (hereinafter "the ring-keeper '), in accordance with specific legislation1.
(2) Handling of catch birds is only possible for the period necessary to fulfil the purpose of the derogation procedure and the exemption, in particular for determining the species, sex and age, the acquisition of documentation, the identification of biometric characteristics and the identification of the bird.
Conditions for the application of the derogation procedure and exemptions
(1) The derogation provided for in Article 1 is fixed for all species of birds and can be applied throughout the calendar year in the Czech Republic.
(2) The application of the derogation procedure and exemption provided for in Article 1 shall be subject to the membership of a ring operator in a civil association whose main objective, according to the statutes, is to contribute to and protect the research into the ecology of birds and within which the ring-ring is carried out by the marking operator.
(3) The marking referred to in paragraph 2 shall be made by means of standard metal ornithological rings with the inscription "N. MUEUM PRAHA ', which may be supplemented by colour ornithological rings.
(4) When birds are caught and marked, there shall be no interference which may affect the natural development of the population of marked or other birds.
(5) The birds of the species listed in the Annex to this Decree may not be marked on nests and in their immediate vicinity, which is such a distance from the nest where the presence of the ring agent distorts the natural behaviour of birds on the nest, for example by interfering with young or adult birds directly on the nest, by limiting the return of adult birds to the nest.
Conditions for handling captured birds
When handling birds caught by impactor nets or tilts, the ring-keeper shall:
(a) to remove birds from the detention facilities as soon as they have been caught;
(b) to hold the birds gently, gently, but in such a way that they are sufficiently fixed and there is no injury to their limbs;
(c) indicate the birds caught, including the acquisition of essential characteristics, or, where appropriate, the acquisition of documentation, immediately after their release from the detention facilities or, in the case of the capture of more than one bird at a time, first place them in standard types of bags and mark them immediately after the release and securing of all birds caught. The bags must be large enough and made from a conspicuous breathable substance. Birds must not be placed in wet bags. Only one bird can be inserted into one bag. When removing the bird from the sachet it is always necessary to hold well and secure the whole body, the birds must not be held only by the wing, foot, head or tail,
(d) release the marked birds as close as possible to the place where they were caught, and they must not be released towards the open water level, to the frequent roads and human dwellings.
Conditions for handling cubs on nests
When handling cubs on nests, the ring maker is obliged
(a) mark the pups in such a way that the finger ring or the heel joint cannot be inserted. No overgrown cubs may be marked that could leave the nest prematurely.
b) hold the young gently, gently but at the same time in such a way that they are sufficiently fixed and there is no injury to their limbs;
(c) proceed in such a way as to avoid any modification of the nest or its surrounding area, such as the modification of the nest trees, the stepping down of the litoral vegetation, the expansion of the twine holes of the nests, the modification of the mouth and sinuses;
(d) limit the time of presence on the nest to the time strictly necessary for the identification of birds and to obtain the essential characteristics and, where appropriate, to obtain documentation;
(e) mark the pups directly on the nest, or in exceptional cases where there is evidence of a risk to the health of the ring or to the health of the pups, outside the nest and immediately after the mark return to the nest. In the case of marking outside the nest, the pups must be marked gradually or the empty nest must be covered.
Efficacy
This Decree shall take effect on 24 April 2006.
Minister:
RNDr. Ambrozek v. r.
Annex to Decree No 152 / 2006 Coll.
Species for which the labelling on nests (both young and adult birds) or in their immediate vicinity is not subject to the derogation provided for in Section 1 of the Decree:
Common flounder (Botaurus stellaris)
Red persimmons
Night-cap (Nycticorax nycticorax)
Silver bullion (Egretta garzetta)
White bullion (Egretta alba)
Redfish (Ardea purpurea)
Balloons (Ardeola ralloides)
White collards (Platalea leucorodia)
Roundnose grenadier (Pandion haliaetus)
Brown ling (Milvus migrans)
Redfish (Milvus milvus)
Sea eagle (Haliaeetus albicilla)
Eagle (Aquila heliaca)
Shelled eagle (Aquila pomarina)
Rock eagle (Aquila chrysaetos)
Roundnose grenadier (Circaetus gallicus)
Roundnose grenadier (Hieraetus pennatus)
Falco peregrinus
Turbot (Falco cherrug)
Trash crane (Grus grus)
Cod (Otis tarda)
Edible offals (Burhinus oediknemus)
Turbot (Recurvirostra avosetta)
Spinach (Himantopus himantopus)
Wheat (Numenius arquata)
Black-tailed baker (Limosa limosa)
Brown ball (Charadrius morinellus)
Black-headed gulls (Larus melanocephalus)
Roundnose grenadier (Larus canus)
White-headed gulls (Larus cachinnans)
Fish of the species Sterna hirundo
Blackfish (Chlidonias niger)
Redfish (Sterna albifrons)
Mud fish (Chlidonias hybridus)
White flounder (Chlidonias leucopterus)
Whiting (Strix uralensis)
Otus scops
Wild boar (Asio flammeus)
Gherkins (Coracias garrulus)
Prunella collaris
1) Act No. 246 / 1992 Coll., on the protection of animals against abuse, as amended by Act No. 162 / 1993 Coll., Act No. 193 / 1994 Coll., Act No. 243 / 1997 Coll., the Constitutional Court found under No. 30 / 1998 Coll., Act No. 77 / 2004 Coll., Act No. 413 / 2005 Coll. and Act No. 77 / 2006 Coll. Act No. 449 / 2001 Coll., on hunting, as amended by Act No. 320 / 2002 Coll., Act No. 59 / 2003 Coll. and Act No. 444 / 2005 Coll. Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 29 / 2000 Coll., Act No. 154 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 444 / 2005 Coll. and Act No. 48 / 2006 Coll. Decree No. 207 / 2004 Coll., on the protection, breeding and use of experimental animals.
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Regulation Information
| Citation | Decree No 152 / 2006 Coll., on the derogating procedure for the protection of birds and exemption from the basic protection conditions of specially protected bird species for marking them |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.2006 |
|---|---|
| Effective from | 24.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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