Concerning the land
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L AWNo. 7875 dated 23.11.1994ON PROTECTION OF WILD FAUNA AND HUNTING Based on article 16 of law No. 7491 dated 29. 04.1991 “On basic constitutional provisions”, upon proposal from the Council of Ministers, The People’s Assembly of the Republic of Albania HAS DECIDEDAS FOLLOWS:Chapter 1GENERAL STIPULATIONSArticle 1Wild fauna of the Republic of Albania constitutes national wealth. It is under administration and protection by law. The state is responsible for administration of this wealth to the interests of the nation in accordance with international agreements, which the Republic of Albania is a party to. Article 2The wild fauna includes wild animals and fowl living freely in populations in the territory of the Republic of Albania, permanently or temporarily. Article 3 Wild fauna, growing naturally or cultivated and living freely in the territory of the Republic of Albania, is available for hunting activity as prescribed in the provisions of this law and relevant by-laws. Article 4The Republic of Albania subject to veterinary measures in accordance with effective laws and international conventions ratifies wild fauna, naturally growing or cultivated. Article 5The Institute for Forest and Pasture research acts in the capacity of a technical advisory body to the General Directorate of Forests and Pastures and the Forest Directorates at the region level for purposes of enabling the implementation of this law and other relevant by-laws. CHAPTER IIHUNTING STOCK, TERRITORIAL EXPANSION OF THIS STOCK AND COMPETENT AUTHORITY Article 6The hunting stock is made of: a) Wild animals and wild fowl; b) The area of hunting stock; Article 7The area of hunting stock, irrespective of ownership rights, includes the territories populated by wild animals and fowl as follows: a) Forestry stock, pasture stock and lawns; b) Arable land; c) Inland water bodies (lagoons that connect to the sea, marshland, natural and artificial lakes, water streams and water basins); d) Rocks, steep lands, abysses, sandbanks. The hunting stock does not include areas in urban zones and territories within a radius of 150 m from their periphery, the high roads, railways and seawaters. Article 8The expansion of hunting stock, as per biological requirements and the condition of wild fauna, is divided into hunting zones according to the following categories: a) Free hunting zones; b) Zones of repopulation and capturing game for populating purposes; c) Hunting reservoirs; d) Fauna reservoirs. Article 9Repopulation and opening zones, hunting reservoirs, fauna reservoirs and natural reservoirs may be created in land expansions belonging to the state on proposal from the responsible governmental institution, or in private property in agreement with the respective physical or legal entity. a) Repopulation zones and zones for catching game are set up for purposes of raising and developing wild fauna. b) Hunting reservoirs are set up for purposes of permanent administration of wild fauna for recreation and tourism activities. c) Fauna reservoirs and natural reservoirs are aimed at providing absolute protection to the wild fauna populating the area, as well as all other natural riches in the area. Hunting and fishing is prohibited in such reservoirs. Upon authorization of the General Directorate of Forests and Pastures, scientific and research activities, photographing and other similar activities are allowed in the fauna reservoir and natural reservoirs. Article 10Subject to proposal from the General Directorate of Forests and Pastures, the Council of Ministers approves the creation of fauna reservoirs and of natural reservoirs. The Minister of Agriculture and Food approves the creation of hunting reservoirs, repopulation areas and areas for game capture. Private territories may be included in the territories of hunting reservoirs and fauna reservoirs after obtaining the consent of the owner.
CHAPTER IIIPLANNING AND HARVEST OF GAMEArticle 11The General Directorate of Forests and Pastures is responsible for the inventory of the species of wild fauna. It is obligated to update the inventory periodically. Based on inventories of wild fauna and the health condition of hunting game, the General Directorate of Forests and Pastures in consultations with the Committee for Environment Protection and Conservation and other concerned institutions, design a national plan for harvesting game. Article 12The General Department of Forests and Pastures, prior to the opening of the hunting season, approves the game harvesting plan, sets daily limits for each kind of game that may be taken per hunter, and defines the dates for hunting activity which are strictly obligatory. Article 13 Traditional and sporting fishing inside the territories of hunting reservoirs is legal only upon authorization by the General Directorate of Forests and Pastures and the Department for Natural Resources. Article 14The Government encourages private investment for purposes of conservation, administration and growing of wild fauna. The General Directorate of Forests and Pastures may conclude contract agreements or protocols with physical or legal entities, national or foreign, concerning the breeding of wild animals and game for hunting and other goals that comply with the purposes of this law. The Directorates of Forest Services at region level may act in the capacity of contracting sides. In cases of tourist hunting, contracts may be concluded for 1-3 years subject to subsequent renewal. Relative to hunting reservoirs, lease contracts to authentic fauna agencies, from the country or from abroad, is a preferable option. Works in the hunting reservoirs, in fauna and natural reservoirs are approved based on research projects designed by the Institute for Forest and Pasture Research and reviewed by the General Directorate of Forests and Pastures. Article 15Upon authorization of the General Directorate of Forests and Pastures, physical or legal entities, national or foreign, may conduct artificial insemination and raise wild fauna and fowl in private land forming part of the forest stock, for purposes of repopulation, trade, food and decoration. These entities are obligated to use up to 10 per cent of the annual turnout for the repopulation of the forest zones free of any charge. Article 16The General Directorate of Forest and Pastures and the Ministry of Finances are responsible for setting fees for game harvesting and hunting, for entrance into hunting, fauna and natural reservoirs, for renting and other similar purposes. Article 17The sale of the skin of wild animals, the trading of live, embalmed and trophy animals and fowl by physical and legal entities, governmental or private, national or foreign, must be accompanied by permission of the forest authorities confirming capture or killing in accordance with the provisions of this law. Article 18 Frogs, turtles, snails, reptiles and every living thing that grows and develops in the forest stock and hunting stock are property of the state, except when they grow and develop in private property. Harvesting of the above may be effected only after having obtained permission from the forest authority that is responsible for protection and exploitation of forest assets based on technical and biological criteria. Article 19The government provides budgetary funding for the protection, development and reproduction of wild fauna, the natural ecosystems where wild fauna lives and for coping with major natural disasters. |