TERRITORIAL PROTECTION IN NATIONAL PARKS:
OUTPUTS OF 2003
To the end of 2003, the total staff of special state inspections for territorial protection (hereinafter – protection services) in 35 Russian national parks was 2044 employees (in 2002 — 1990). Protection services of 33 national parks included special task forces (in 2002 — 32).
Totally in 2003, national park protection services have drawn-up 5043
(in 2002 — 3822) protocols of regime violations, including: 315 (in
2002 — 349) protocols of illegal felling, 327 (230) protocols of illegal
hunt, 1735 (1060) protocols of illegal fishing, 121 (54) protocols of
illegal gathering wild plants, 9 (202) protocols of illegal land occupation
and development, 1156 (775) protocols of illegal staying (moving through,
walking, parking), 182 (274) protocols of illegal pollution, 448 (634)protocols
of fire security violations in forests. The total number of violators
caught is 4664 (in 2002 — 3387). The average number of protocols per
one protection inspector was maximal in the following national parks:
Losiny Ostrov (28.7), Nizhnyaya Kama (14.5), Ugra (5.6),
and Russky Sever (5.3).
In 16 national parks out of 35 (similarly with 2002), catches of violators
included seizures of 15 rifles (in 2002 — 19) and 45 (87) smoothbore
guns. 38 units of firearms out of 60 (63%) were seized in the following
4 national parks: Pribaikalsky (18), Yugid Va (8), Tunkinsky
(7), and Ugra (5).
In addition, during the period under review, there were seized 1708 (in 2002
— 1828) nets, drags, and seines; 231 (376) trap nets and cribs; 113
(170) traps; 608 (993) loops and other tools; and 1 (6) electrofishing
toolkit (in Bashkiria National Park).
In 2003, 3185 thousand roubles (in 2002 — 1306 thousand roubles) were
charged administratively from violators. 17,382 (in 2002 — 2261) thousand
roubles were charged through claims for compensation of damage inflicted
to natural heritage. Largest amounts were charged by the following 6
national parks where 86% out of the total fines were collected: Prielbrusie
— 753.5 thousand roubles, Sochinsky — 222.8 thousand roubles,
Nizhnyaya Kama — 192.2 thousand roubles, Ugra — 166.5
thousand roubles, Losiny Ostrov — 1,355.7 thousand roubles, and
Samarskaya Luka — 49.9 thousand roubles.
Skills and persistence in the collection of charges from violators
– i.e. in the ensuring compensation for damage inflicted to natural
heritage in national parks – is an important indicator of the protection
service performance. In 2003, the following 7 national parks were bringing
violators to civil-proprietary liability most effectively: Losiny
Ostrov — 15,627 thousand roubles, Sochinsky — 848.3 thousand
roubles, Yugid Va — 277.2 thousand roubles, Tunkinsky
— 88.1 thousand roubles, Meshera — 86.6; Nizhnyaya Kama
— 70.4 thousand roubles, and Samarskaya Luka — 70.3 thousand
roubles.
In 2003, 93 criminal actions against violators were initiated (in 2002 — 94); 21 violators (in 2002 — 33) were convicted in courts.
Protocols of illegal pollution, land occupation, and development were
drawn-up only in 12 national parks (in 2002 – 13): Bashkiria, Valdaisky,
Zabaikalsky, Losiny Ostrov, Nizhnyaya Kama, Plesheevo Ozero, Pribaikalsky,
Sochinsky, Taganai, Ugra, Shushensky Bor, and Yugid Va. And
although for some NPs such violations are not typical due to their territorial
specificity (e.g. Paanayarvi), this fact shows that control of
the protected ecosystems condition in some NPs and their protected zones
is inadequate.
It is necessary to note that the organisation and effectiveness of
protection services vary significantly in different parks. For example,
542 violations out of 5043 (i.e. almost 11%) registered by national
park protection services in 2003 (similarly with 2002) were so-called
‘impersonal’ violations, when guilty person had not been identified.
In Zabaikalsky NP 63 violations out of 73 were ‘impersonal’,
in Vodlozersky – 61 out of 72, in Chavash Varmane – 3
out of 5.
It is noteworthy to mention that the protection service of Kurshskaya Kosa NP has registered only 5 violations of hunt regulations – and no other violations in this popular recreation area, such as illegal felling, fire security violations, etc.
Some national parks do not take proper measures to prosecute violators.
For example, the average administrative fine charged by governmental
officials in Alkhanai NP was 286 roubles, in Nechkinsky
– 310 roubles, in Pribaikalsky – 340 roubles, while according
to the Article 8.39 of the Administrative Code of the Russian Federation,
the minimal administrative fine that could be charged by national park
officials is 500 roubles. This fact means that authorities of the national
parks listed above did not use properly their powers provided by the
legislation.
Some national parks limited their powers and were bringing violators
only to administrative liability; these institutions did not take proper
measures to force violators to compensate damage inflicted to the parks,
although the current legislation provides broad opportunities for this.
In 2003, the following NPs did not claim compensation of damage: Vodlozersky,
Zyuratkul, Kurshskaya Kosa, Meshersky, Pribaikalsky, and Khvalinsky.
The protection service of Khvalinsky NP has detected in 2003 only 8 insignificant regime violations; no protocols of illegal felling and hunt had been drawn-up.
In Pripishminskie Bori NP, contrary to the Administrative Code of the RF, there were no civil procedures on actions judicable to this legal act. In fact, the relevant Methodical Guidelines developed by the Department of strictly protected natural areas, objects, and biodiversity conservation of the Ministry of Natural Resources had not been taken into account. In 2003, two task forces operating in this park drew-up only 4 protocols (1 ‘impersonal’ protocol of illegal hunt and 3 protocols of illegal fishing, including 2 ‘impersonal’ ones). No protocols had been drawn-up in the second half of the year. This not only shows the absence of real anti-poaching activities, but also discredits the very task forces idea which has been successfully implemented in many zapovedniks and national parks of Russia.
In 2003, the protection service of Alania NP did not take measures to seize rifles from citizens caught with these rifles within the park, although, according to the Hunt Regulations of the Republic North Osetia (Alania), this equates to hunt. The park authority limited itself to charging minimal administrative fines. There were seven (!) such cases.
Generally, in 2003, protection services of the following national parks managed to reveal effectively regime violations, including captures of armed poachers; used effectively their powers to bring violators to administrative and civil-proprietary liability, and charged significant fines and penalties: Losiny Ostrov, Meshera, Nizhnyaya Kama, Sochinsky, Samarskaya Luka, Tunkinsky, Ugra, and Yugid Va.
V.B. Stepanitsky,
Deputy Director of the Department
of strictly protected natural areas,
objects, and biodiversity conservation
of the Ministry of Natural Resources
of the Russian Federation