NATIONAL REPORT ON BIOLOGICAL DIVERSITY

  (Executive summary)

CONTENT

Acknowledgements

1. Introduction

2. Basic data on Biodiversity of Georgia

3. Existing legal Bases for BD Conservation

4. Institutional structure

5. Protected Areas System

6. National and international biodiversity programs

Acknowledgements:

1.INTRODUCTION

The ratification of the Convention on Biological Diversity by Georgia on April 1994 was a formal recognition  of the new opportunities offered by the Convention for the conservation and sustainable use of  significantly rich biodiversity, for  closer international co-operation, and for pursuing the integration of biodiversity objectives within national sectoral policies.

The Countries, Parties for the Convention are obliged:

1) To develop National Strategy, Plans and Programs for the Conservation and Sustainable use of Biodiversity, Integrate them into relevant Sectoral and Intersectoral Plans, Programs, Policy;

2) To identify and provide monitoring on biodiversity important Components, particularly:

a) Untouched  Ecosystems and Habitats  rich with biodiversity, endemic and endangered species, with great value from social, economic, scientific and cultural point of view;

 b) Species and co-associations under threat, wild ancestors of present cultural species; an important from medical, agricultural and economic point of view;

c) Existing genomes and genes with social, scientific and economic importance.

3) To create protected areas and ensure their sustainable development, To restore degraded ecosystems and endangered species; To establish proper legal  basis for biodiversity conservation, to regulate and control of risk with genetically modified organisms.

Implementation of the Biodiversity Convention on the National level as well as other relevant International Conventions should be ensured by the  national legislation.

Since the Convention was ratified Biodiversity issues became an important part of National Environmental Policy. Step by step Georgia elaborated and adopted new legal requirements, signed or ratified Biodiversity important  International Conventions (CITES, Ramsar, Bonn), following to modern standards established two new National Parks, completed “Biodiversity Country Study” and “Biodiversity Strategy and Action Plan”, is implementing of different national and international projects.

2. BASIC DATA ON  BIODIVERSITY OF GEORGIA

Georgia is a mountainous country, covering 70,000 Km² with a population of 5,5 million people and is situated between the south slope of the Caucasus Mountains, the east coast of the Black Sea and the northern edge of the Turkish Anatolia plain. Forests cover 40% of the country (2,8 million ha). The varied terrain and climatic conditions contribute to diversity of ecosystems and species. The principal landscapes of the Caucasus include foothill and mountain forests and sub alpine meadows of Greater and Lesser Caucasus, humid lowland forests of Western Georgia, and the arid steppe and deserts of eastern Georgia.

The flora and fauna of at least three biogeography provinces converge and mix, resulting in high levels of biodiversity. In this region, species typical of Europe, Central Asia and the Middle East regions are found; many of these species are threatened elsewhere in the ranges. The region has been identified by the World Wide Fund for Nature as one of the Global 200 Ecoregions using selection criteria of species richness, levels of endemism, taxonomic uniqueness, unusual evolutionary phenomena, and global rarity of major habitat types. The Caucasus region also has several wild close relatives of domestic food plants such as rye, wheat, and barley and over 200 varieties of grapes, as well as at least nine important domestic animal breeds.

The most important threats to Georgian biodiversity beside of management and planning skill are habitat loss and fragmentation; unsustainable forest management practices and illegal logging; poor rangeland management, overstocking and overgrazing; and over hunting and illegal hunting of key mammal species.

Rare and Endangered Species of Georgia

Flora of Georgia is very rich, about 4100 vascular species with high endemism (400 species endemic for Georgia and 600 for Caucasus). Among them fern plants – 74; gymnospermous plants – 17; angiospermous plants – 4009.

The Red Data Book (issued in 1982) contains 161 plant species. However, Red list of plant species  should be revised and fulfilled following to IUCN categories.

Concerning of Fauna it should be mentioned that invertebrates are less studied. Status of most of them by IUCN is probably DD (Data Deficient). There are some endemic species (Dendrobaena faucium, Eophila pseudonematogena, Eiseniella colchidica, Oxychilus mingrelicus). In the Red Data Book of USSR was included Helix buchi.

No conservation status for most of fishes is identified. Two of them Black Sea Salmon (Salmo trutta) and Sturgeon (Acipenser sturio) are included in IUCN Red List. Sturgeon is also presented in II appendix of CITES.

The number of reptiles (throughout Georgia at least 52 species) is reducing due to degradation or lost of their habitats.

There are about 300 bird species in Georgia, a remarkably high diversity for  such a small country, half of which are migratory species included in the I and II appendix of the Bonn Convention. 12 species are included in IUCN Red List, 52 are endangered.

In Georgia 79 species of small mammals are distributed. 7 are endangered, 5 – vulnerable, 22- lower Risk. For other species additional research is required.

There are 30 species of large mammals, which includes carnivores, ungulates and cetaceans. Until the beginning of present century these species were widely distributed in Georgia. For the present time because of increased anthropogenic pressure from 1930s number of large mammals is significantly reduced.

 3. EXISTING LEGAL BASES FOR BIODIVERSITY CONSERVATION (National Laws, International Conventions and Agreements)

According to article 37 of the Constitution of Georgia: “Each person has a right to live in healthy environment.. (para3) and for present and future generations State is responsible to ensure environmental protection and Sustainable use of Natural resources” (para4)

Georgia has ratified several of Environmental Conventions , which have an advantages to National legislation by the Constitution.

At the same time Georgia has an agreements in the field of Environmental Protection with different Countries:

·        Agreement between Government of Armenia and Government of Georgia, Erevan, 19 May, 1997.

·        Agreement between Government of Azerbaijan and Government of Georgia, Baku, 18 February, 1997.

·        Agreement between Government of Turkey and Government of Georgia, Tbilisi, 14 July, 1997.

·        Agreement between Government of Ukraine and Government of Georgia, Tbilisi, 31 August, 1996.

·        Agreement between Government of Greece and Government of Georgia, Athene, 16 September, 1997.

·        Memorandum of Understanding between Government of Uzbekistan and Government of Georgia, Tashkent, 4 September 1995.

·        Memorandum of Understanding between Government of Kazakhstan and Government of Georgia, Amaaty, 17 September, 1996.

For the implementation of the above mentioned provisions of the Constitution, International Conventions and Agreements Parliament of Georgia in 1996 has adopted “Law on Environmental Protection” which is the bases for the preparation of different Environmental Laws and Regulations.

Within years of 1995-99 Georgia’s Parliament has adopted 22 environmental laws and regulations:

Georgian Laws relating to the Environment

The main advantage of new laws is that state is obliged in decision making process widely involve public and stakeholders.

Law on Protected Areas System

Adopted in 1996 and is basic law for the Development of PA in our Country.

According to international standards. Law considers following categories of PA (IUCN Category in brackets).

1. State Reserve (IV)

2. National Park (II)

3.Nature Monument (III)

4.Habitat/Management Species Area (I)

5. Protected Landscape (V)

6. Multiple Use Territory (VI)

Beside of National categories it is possible to establish international categories like Biosphere reserve, International Ramsar Site.

Planning of PA is considered as part of Country Development strategy. Management Plans for PA’s must be approved by President.

According to law Ministry of Environment is responsible for global Policy and Control on PA. Department of Protected Areas is directly responsible for the management of the PA. After 5 years since law was adopted it is clear that some changes are necessary, particularly:

·        It is desirable to clearly distinguish the categories of Protected Areas as general, “taxonomical” phenomena and the Protected Areas as the managing institutions of specific area.

·        It is not expedient to strictly specify managing, central institution to which corresponding units of the Protected Areas categories are subordinated, since the Protected Areas category is in abstract, general notion and the nature protection organizations and regional/district administrative units should be given an opportunity (at least theoretical) to establish Protected Areas according to the international criteria and the legislation existing in Georgia.

·        Law does not provide evaluation criteria's for new Protected Areas; also no guidelines or general principles for the preparation of Management Plans are considered.

Wildlife Act of Georgia

Adopted in December 1996. Valid from September 1997. This law regulates different conservation measures (ex-sity and in-sity) habitat and migratory ways protection, relations between state and private sector, hunting issues, etc. Hunting is allowed only on the special territories called Hunting Reserves (Game Management Area). MoE is responsible for the implementation and management. There were 33 sub law regulations, some them still are not completed which is barrier for full implementation.

Law on Environmental Permit and Law on State Ecological Assessment

Considers species and habitats conservation outside of PA. According to laws each activities need prior EIA and State Ecological Assessment, which will include possible affect and relevant mitigation measures on Biological Diversity. EIA also includes chapter for “Environment restoration measures” like land recultivation, plantrestoration, remediation of polluted areas etc.

Law on Creation and Management of Kolkheti Protected Areas

 Adopted in 1999. The main purpose of Law is creation of the Next categories of Kolkheti PA: Kolkheti National Park (4313 ha), Kobuleti Natonal Park (331,25 ha) Kobuleti Habitat/Management Species Area (438,75 ha). Law clearly identifies status, management structure, use of NP, and other aspects related with general management issues of PA’s. The problem of the real implementation of KPA is that Law immediately after adoption establishes strict measures (regimes) or even bans on use of Natural Resources within PA. It has a strong opposite reaction from local population for which the different NR of the PA territories still is only one source for survival.  It seems to us that transition period for each new PA in Georgia is necessary. Transition period will ensure Common solution social and Conservation measures.

Forest Code of Georgia

After independence Forest sector in Georgia was under the strong pressure due to overall energy crisis and permanently increasing demand for industrial timber from neighbor countries. That is why within years of 1995-99 Georgia has adopted several laws and President’s Decrees to reduce somehow negative affect on the Forests.

The last important document in this field is Forest Code adopted in 1999, June. The important innovation of the Law is that it  allows private ownership on forests. The Law clearly identifies obligations and responsibilities of the local Governments and General Public in the field of planning and management of Forest Sector. The Law has changed definitions of different Forest Fund categories. Hovewer, by the opinion of different NGO’s and experts Law is mainly focused of forest utilization issues and is not relevant to sustainable development principles which will cause biodiversity loss.

Administration Violation Code, Criminal Code

These laws identify Responsibilities for different violation of environmental legislation. 

Conclusion

For the present time Georgia developed an important national and international environmental legal base, hovewer so far is very difficult to ensure of full implementation of them.

There are still important issues which also should be covered by national legislation, like CITES National Law, Law on Red List and Red Data Book, Law on Plant Resources etc.

Main problem for successful development and enforcement of environmental legislation  is that in process of preparation and adoption of laws and regulations in different sectors (agriculture, land use, transport, health, etc.) environmental legislation is sometimes ignored. There are misunderstanding between environmental legislation as well. So, harmonization of existing legal bases in the all sectors of Country and in the field of environment  is urgent measure.

4. INSTITUTIONAL STRUCTURE

For last years in Georgia in the field of environmental protection institutional structure happened some significant reorganization. Ministry of Environment Protection and Nature Resources is the State Body, which is responsible for environment and sustainable use regulation of nature resources. Ministry leads the coordination in this sphere for the international relations, co-operation, and also for the activity of State, scientific and public organizations. In Georgia, in accordance with Environment Law in force, Ministry:

- Establish quota on nature resources use;

- Confirms the license rights and issues them;

- Provides in sphere of nature resources use the creation of Database of information Bank and functioning of information system;

- Works out the organization of State Cadastre;

- Prepares “Red Data Book” and “Red list”

- Works out the organization of environmental monitoring system;

- Provides State control on the environment.

Biodiversity Conservation Department within the structure of the Ministry of Environment is responsible for the formulation and implementation of national policy in the field of Biodiversity and for the organization of sustainable use of natural resources, and also for the implementation of international  obligations related to biodiversity. Biodiversity Conservation Department is the structural subdivision of the Ministry. Biodiversity Conservation Department:

- On the bases of adopted decisions by intergovernmental expert Council is issuing of permits for the use of Natural Resources.

- Is responsible for the implementation of the provisions of Biodiversity, CITES, Ramsar and Bonn Conventions.

- Render the coordination on the reproduction of Endangered and Threatened Species of Fauna and Flora.

- Supervising the development of the Protected Areas System in country.

- In the frame of its competence take part in elaboration of  different laws, acts and regulations.

- Take part in consideration of Forestry Management Plans.

In accordance with above-mentioned aims there are some divisions in the Department: Plant Resources Protection Division, Forestry Division, Animal and Fish Protection Division, Protected Areas Division and International Conventions Division. Head of Department controls the Department’s activity. There are also other organizations within the  Ministry of Environment In relation to biodiversity conservation and sustainable use of natural resources:

Department for the Environmental Permission and State-Ecological Expertise, responsible for the issuing of permits for environmental activities and organization of state ecological expertise processes.

Institute of Environmental Protection, responsible for scientific research in the field of biodiversity.

Center for Environment Monitoring, responsible for the organization of environment monitoring.

Marine Ecology and Fisheries Research Institute, responsible for the Black Sea biodiversity research activities.

Conventional  Inspection for the Black Sea Protection, provides control for Georgian continental shelf, territory water and nature resources use in special economic zone.

State Forestry Department is the Main State agency in  Forestry field. It is funded by State Budget.The Head of Department is under the subordination of the  President of the State. Before the adoption of new Forestry Code (1999)  State Forestry Department was responsible both for industrial forestry and for the forest protection and control for forest resources use. According to  new law farm activity rights were separated from the Forestry Department and now it is the prerogative of commercial (private) structures. Besides of forest protection activities Forestry Department is responsible for national forestry policy elaboration and implementation, for the preparatio