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Concept of National Ecological Network of the Republic of Moldova
Table of content: 1. Ecological Network of Moldova 1.1. Components of Eco-Network 1.2. Geographical Aspects of NENM 1.3. Levels of Components of the Eco-Network 1.4. Eco-Network as Informational System 2. System of Criteria for Estimate of Value of Components of Ecological Network 2.2. Criteria for Ranking Areas of the Eco-Network which are Not Core Areas 3.1. Operational Checklist of Vascular Plants 3.2. Operational Checklist List of Endemic Vegetation Associations 3.3. Operational List of Insects 3.4. Operational List of Terrestrial Vertebrates 5. Main Actions Concerning National Eco-Network of Moldova 6.1. Main Conditions for Establishing NENM 6.1.1. Elaborating the Concept of Eco-Network in Moldova 6.1.2. Ecological and Socio-Economical Conditions of Forming Eco-Network 6.1.3. Analysis of Legal Framework for Establishing National Eco-Network 6.2.1. Estimation of Core Areas 6.2.2. Designated Components of Eco-Network in the Structure of the Country’s Area 6.3.1. Concerning the Development of a System of Management for Natural Protected Areas 6.3.2. Priorities of scientific estimation of core areas 6.3.3. Law on Modification and Completion of some Legislative Acts (Draft)
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6.1.3. Analysis of Legal Framework for Establishing National Eco-Network 6.1.3.1. Existing ground Ukraine
Romania
The Republic of Moldova
6.1.3.2. Analysis and estimation of possibilities of applying some elements of the legislation of Ukraine and Romania in national legislation On the whole, a legal basis of establishing National Ecological Networks (NEN) can be found in relevant definitions of main nature protection laws (Art. 60 – Ukraine; art. 54 – Romania and art. 63 - Moldova), which stipulate establishing state-protected areas with special protection status. Criteria in which some areas or objects are designated as protected are similar in broad terms in the legislation of Romania and Moldova. Yet in Ukrainian legislation, they are different. Besides natural areas and complexes with special protection status, sanatoria, areas of recreation, water protection and agricultural areas are included. This does not keep in line with the main postulate, which states: "special status of protection is granted to the natural objects and areas of high ecological significance/value as typical and unique natural complexes". Certain positive moments are declared in art. 34 of Romanian Law, which states that "in the areas of land and water, which were designated protection status as natural biotopes or set aside for ecological transformation, their legal owners take economic activities in such areas only in case if they agree to follow the activities recommended by the Central Body for Nature Protection". Also here, that is also important: "Any owners, who carry out these activities, are exempt from taxes; private owners will receive compensation depending on the amount of work done for transformation". And further: "Protection of some rare and threatened species and organisms, biodiversity conservation and establishing protected areas, as well as activities, required by the Central Body for Nature Protection are of higher priority than other interests". A special statement can be emphasised in the Land Code of Ukraine in Chapter 4 "Alienation (buying) of lands". The chapter establishes a mechanism for alienation (buying) of areas, legal competence of managing authorities and a special way of alienation of areas in favour of state interests and the public (Art. 32), as well a prohibition to alienate areas of special productive value and those, which hold historic and cultural natural objects (art. 33). Forest Code of Romania states (art. 51), that "The Central Administrative Body in charge with forestry (…) take actions concerning the elimination of enclaves… and regulation of forest perimeters using swapping of land plots or buying them out", as well as (art. 94) "the state (…) will stimulate establishing of protective forest belts for agricultural lands, planting of certain forest species (…) in some degraded areas and the other unoccupied areas, providing planting material and special technical services free of charge". Keeping in mind the aforementioned, it can be concluded that the internal legislation should be modified and supplemented in the way that harmonises it with the legislation of the neighbouring countries, also creating better conditions for activities concerning NEN. Thus, law on protection of nature and law on Fund of State-Protected Natural Areas should be supplemented with provisions that protected areas can be managed by legal owners only in case if the latter commit themselves to take necessary actions on nature protection which were stipulated by the Central Body on Nature Protection and, obviously, that restoration activities will be rewarded with tax exemptions and the compensation proportional to the amount of work done (Art. 34, Law on Protection of Environment, Romania). It is Law on protection of environment that should supplemented with the provisions concerning the priority of the actions for protection of rare and threatened species and organisms over the other interests, as well as concerning the biodiversity and establishing protected areas (ibid Law on Protection of Environment, Romania). To stimulate re-forestation of degraded and other areas, the Forest Code should be supplemented with provisions to provide any owner of such areas with planting material and special technical services free of charge (Art. 51, Forest Code, Romania). The Land Code should also be supplemented with a separate chapter, which would set criteria of estrangement (purchase) of areas and prerogatives of authorities, as well as a prohibition to estrange areas from the fund of natural areas with special status of protection (Art. 4, Land Code, Ukraine). All these provisions, along with the existent national legislation and commitments, which were taken by Moldova as party to international conventions, which could serve as legal foundation for the activities pertaining establishing NEN. 6.1.3.3 Principles of selection and the size of elements of Eco-Network According to the information available, the creation of National Eco-Network in Romania has not been initialized yet. In Ukraine, this process is at more advanced stage. United Nation’s Development Programme (UNDP) supported the project "Ecological networks", which resulted in the development of legal framework for establishing National Eco-Network and its main components, survey for regional zoning of landscape reserves and the development of the National Programme for establishing National Eco-Network in Ukraine during 2000-2015. According to the general concept, National Eco-Network of Ukraine present united territorial system of landscape reserves with special protection status, which comprise natural objects and complexes protected by the state, sanatoria and resorts, recreation areas, water protection areas and agricultural lands, which are concentrated as natural core areas, corridors and buffer areas. It was planned that natural core areas, in dependence of
their level category (international, national and local) and surface areas, can
differ in terms of surface, but they should be over 500 ha for core areas of
national significance. Taking into consideration low surface areas of objects and complexes, which may be included within the National Eco-Network, as areas of core areas well as widths of corridors will be set at much smaller value. However, the Law "On the Programme of establishing national network of Ukraine over 2000-2015" does not determines notion of core area and restoration territory, but introduces the notion of "natural region", uniting groups of reserves and fragments of high level corridors. It is significant the systems and procedures of assessment and information are not foreseen. In all, commonly accepted methods to select the objects and complexes of Eco-Network, which do not the principles, are not existent, and the approaches differs significantly. 6.1.3.4. Main characteristics of implementing legal basis of protected natural areas in Moldova In accordance with levels of protection, all reserves of Moldova can be divided into tree groups (Андреев, 1999). The first group comprises scientific reserves, which have special administration status and guard. The main duty of administration is the protection of nature of these reserves (there exists a special department). According to Law on the fund of state-protected natural areas (1998), their financing is performed from the state budget; hece, the level of their protection depends on the quality of budget financing. There is special state reporting on this field. This group is characterized by the highest stability of functional significance for the Eco-Network. The second group comprise the remainder of reserves, which are listed among the State Forest Fund irrespective of their classification. They do not have individual administration and special financing; their guarding is performed within the units of the State Forest Service, the main goal of their management consists in production (economic activities). At present, special management is not made: the recommended and prohibited activities are practically not determined (defined). Special state reporting concerning these reserves lacks. This group is characterized by high correlation between functional importance of functional significance in relation to the Eco-Network and the management of economic activities. The third group comprise reserves, irrespective of their classification, which are managed by other land-users. They do not have individual administration or a stable financial basis and their protection is only nominal. Nowadays, a special management does not exist: until recently, recommended and prohibited activities were practically not defined. Special state reporting on such reserves does not exist. Functional significance of the Eco-Network is extremely dependent on the awareness of population and personal position and possibilities of the local authorities. Standard regulations concerning the management of protected areas (2000) introduce, in broad lines, the framework of limitations of land-use and the requirement for establishing of reserves of the second and the third groups of individual regulations (guidelines) which list (state) the recommended and prohibited activities. The areas of reserves of the second and the third groups often are even not marked (on a map, in nature). A characteristic disturbance of their status is grazing, cases of illegal wood-felling and land cultivation. For instance, several years ago the landscape reserve "O suta de movile" was used by the local population for crop cultivation. Probably, some reserves have already been lost. In some cases, perhaps the surface area of a reserve, stated in the law, initially did not reflect the reality. However, such discrepancy cannot possibly account for the absence of almost 300 ha in natural forest reserves of Lapusna District, which are managed by the State Forest Service (reserves "Dancu", "Nemtesti", "Ostanovca", "Poganesti"), where, probably, illegal wood felling, performed by a state enterprise, took place.
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