Government Decree No. 686 / 2004 Coll.

Government Regulation defining the Upper Sapacko Bird Region

Valid Effective from 31.12.2004
Contents
686
GOVERNMENT REGULATION
of 8 December 2004
delimiting the Upper Posac Bird Region
The Government orders pursuant to § 45e paragraphs 1 and 2 of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended by Act No. 218 / 2004 Coll.:
§ 1
Subject matter
(1) The avian region of Horní Sácko (hereinafter referred to as "the bird region") is defined.
(2) The protection of the birds' areas are the populations of black stork (Ciconia nigra), forest crane (Bonasa bonasia), field rattlesnake (Crex crex), white-loins (Dendrocopos leucotos), three-toed datel (Picoides tridactylus), small-eyed squid (Figula parva) and twigs (Lanius collurio) and their biotopes.
(3) The purpose of the protection of the birds' area is to preserve and restore ecosystems relevant to birds' species as referred to in paragraph 2 on their natural grounds of enlargement and to ensure conditions for the conservation of the populations of those species in a favourable conservation situation.
§ 2
Definition of bird area
(1) The bird region is situated in the territory of the Zlín Region, in the cadastral territories of Halenkov, Beef, Huslots, Janová, Karolina, Little Bystřice, Small Karlovy Vary, New Graven, Pink, Valašská Senice, Great Karlovy Vary, Vsetín and Zděchov.
(2) The territorial demarcation and description of the border of the bird area are set out in Annex 1 to this Regulation; the indicative graphical representation of the bird area is given in Annex 2 to this Regulation.
(3) The 1: 50 000 map documents, in which the territory of the bird region is drawn, are stored in the central list of nature protection1) and in electronic form at the Ministry of the Environment, the Beskyda Landscape Administration, the Regional Office of the Zlín Region and the municipal authorities of the municipalities with extended scope in whose administrative district the bird area is located.
§ 3
Activities to which the consent of the nature protection authority is required
(1) Only with the prior agreement of the competent authority of nature protection (2) may the territory of municipalities be located in the birds' area outside the concurrently built and stoppable (3)
(a) carry out all toll and pre-toll mining and mechanized work in the forestry activity between 15 March and 15 July at a distance of less than 200 m from known occupied black stork nests;
(b) in the period from 15 March to 31 July, carry out tolls and pre-tolls in the cultivation activity in forest areas over 80 years of age with a presence of spruce of less than 50%, and in all forest areas over 130 years of age,
(c) define new tourist, cycling and ski tracks4),
(d) change the type of land and the means of usingit (5);
e) replace hunting facilities at a distance of less than 200 m from known nests of black stork.
(2) In the territories of the first and second zones of the Protected Landscape Area of Beskyda, located in the birds' area, only with the prior consent of the Nature Protection Authority may
(a) to carry out tolls and pre-tolls which have not been located in an approved forest economic plan or in the adopted forest economic curriculum;
(b) to carry out random extractions of leafy trees and fir trees, with the exception of rivets and lying parts of broken trees.
(3) Prior consent of the competent nature conservation authority is not required
(a) the activities referred to in paragraph 1 and paragraph 2 (a) in the case of measures preventing or hindering the effects of harmful factors on the forest, and in the case of measures in the event of exceptional circumstances and unforeseen damage in the forest under special legislation (6);
(b) for the activities referred to in paragraph 1 (b), where such mining has been notified at least 20 working days in advance to the competent nature conservation authority;
(c) for the activities referred to in paragraph 2 (a), where such extractions have been notified at least 15 days in advance to the competent authority of nature conservation and for extractions which are not subject to notification obligations within the meaning of the provisions of the specific legislation7),
(d) the activities referred to in paragraph 1 (d), where such activities are subject to a decision pursuant to a specific legislation (8) and have been given an opinion by the competent nature conservation authority.
(4) The location of known occupied nests referred to in paragraph 1 (a) shall be communicated in writing to the owners of the forest land concerned by the competent nature conservation authority before or during the period of limitation of mining activities.
§ 4
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
JUDr. Gross v. r.
Minister of Environment:
RNDr. Ambrozek v. r.

Příloha č. 1

Annex No. 1 to Government Decree No. 686 / 2004 Coll.
Territorial demarcation and description of the border of the Upper Sapacko Bird Region
The entire south-east and southern part of the border of the bird region leads to the state border with the Slovak Republic and is identical with the border of the CHKO Beskyda (hereinafter CHKOB). It leads from the Makov Pass through the Dupačka to the Pindula saddle (Lemecná) and from there through the artificial line on the north slope of the Maple Ridge until the Málské Javorník (1019m). From there to the main maple ridge through the recreational area of Kohutka-Portát to the cabin Krkozny. Despite the fall of the papaya saddle, it rises again to the Makyta cubicle (923m) and runs along the state border to the Kycera cubicle (804m).
At the Kyčera cubicle, leaving the state border and moving sharply along the forest road *) down the western direction and after 300m it passes on a reinforced road * *), from which once again after 350m in the north direction it dodges on unpaved forest communication, crossing the Senická stream and in the west direction through the right side of the Svlak stream runs up to the ridge between Butorka and Sherklavu, where it is connected to the boundary of K. Ú. Zděchov, which continues in the western direction, and K. Úláška Senice, Pulčín and Lušná remain outside the area. It goes to the border of K. Ú. Beef, a line going roughly north through the cubits of Filka and Strawberry, while Beef remains within the area, to the point where the border overloads the railway line Vsetín - Great Karlovice. It follows it in the western direction to Janova, where it passes through the village through the valley of Genovsky creek and again forming the border of CHKOB, which it follows around to the booth Na Hájkov.
Here it leaves the border of CHKOB and collects along the ridge and at the same time local communication to the valley of Řerka, crossing the valley of Čamboška, crossing the rising forest roads in the northern direction of the armory area, and through the locality Ranč meets after the forest communication to the valley of Jasenický creek, then to its tributary of Žamboška, through which it performs on the unpaved forest communication in the locality of Lopunice and following it after 400 m follows the reinforced communication by Dušná - Cab. After this communication, which is also the border of CHKOB, the border runs into the saddle Dusná to the west to the road * * *) Vsetín - Bystříček.
From the saddle Důšná still along the border of CHKOB in northern direction to the village of Mala Bystřice. In the locality U Kocíby passes to the reinforced local communication towards Santov, which bypasses the forest roads from the east and from there further along the ridge and the unreinforced communication of JV towards the exit, where 0.5 km before the cubit Ptáčnice connects to the border K. Ú. Valašská Bystřice, (Valašská Byšice remains outside) and from there via the cubit of Ptáčnice (830m) towards the exit runs on the main ridge of the Vsetín hills along the border K. Ú. Halenkov, Nová Hroznikov and Karolinka. After the ridge runs up to the booth of Solán (861m), where it turns south into the Bozová Valley. It constantly copies the line of the cadastral border between K. O Karolina and K. K. Great Karlovy Vary, to the point where it overloads the state road running through Vsetín Bečva valley. On this road it runs up against the river flow to the Makov Pass back to the state border with the Slovak Republic.
Explanatory notes:
*) If the text of the Annex indicates that the border leads along the road, it is expressed that it leads along the edge of the road, namely the border heading into the bird's area.
* *) If the text of the Annex indicates that the border leads on the road, it is expressed that it leads on the edge of the road auxiliary parcel, and that it leads on the edge of the bird area.
* * *) If the text of the Annex indicates that the border leads on the road, it is expressed that it leads on the edge of the road auxiliary parcel, and that it leads on the edge of the bird's area.

Příloha č. 2

Annex No 2 to Decree No 686 / 2004 Coll.
Indicative graphical depiction of the Upper Posting Bird Region

1) Article 42 of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 218 / 2004 Coll.
2) Sections 77a (3) (v) and 78 (2) of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll.
3) § 139a of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
4) For example Article 3 (4) of Decree No. 104 / 1997 Coll., implementing the Road Act.
5) § 32 paragraph 1 of Act No. 50 / 1976 Coll. § 2 paragraph 3 and § 6 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.
6) § 32 paragraphs 1 and 2 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
7) § 33 paragraph 3 of Act No. 289 / 1995 Coll.
8) § 39 et seq. of Act No. 50 / 1976 Coll.

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationDecree of the Government No. 686 / 2004 Coll., defining the Bird Region of Horní Sácko
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation31.12.2004
Effective from31.12.2004
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History