Article 252. Keeping and Breeding in Captivity or Semi-captivity of Rare and Endangered Animal Species

1. Artificial breeding of rare and endangered animal species may occur in captivity (in cages and aviaries) or semi-captivity (parks and other areas providing conditions close to a natural habitation).

2. Keeping and breeding in captivity or semi-captivity of rare and endangered animal species shall be allowed to specialised nurseries and persons, on a case to case basis, provided they comply with the following requirements:

1) proper conditions for keeping animals, including a designated area or facility equipped with aviaries, cages and other structures, are in place;

2) necessary volume of zootechnical, veterinary, sanitary and epidemiological actions is fulfilled;

3) specialists in zoology, zooculture and veterinary are available, and in case of individuals – skills in keeping animals in captivity or semi-captivity;

4) there is a permit issued by the authorised government agency for protection, reproduction and use of wildlife.

3. A permit issued for keeping and breeding rare and endangered animal species in captivity or semi-captivity shall contain binding requirements, as well as the maximum number of animals by animal species. If individuals and legal entities fail to meet the terms of the permit, the permit may be revoked or cancelled following three notices issued over six months.

4. Rare and endangered animal species can be kept and bred in captivity or semi-captivity in specialised zoological nurseries in compliance with the regulations of such nurseries.

5. Owners of rare and endangered animals kept in captivity and semi-captivity shall be obliged to ring or mark these animals and hold passports for them.

6. Individuals and legal entities which keep in captivity and semi-captivity rare and endangered animals may acquire, dispose of and trade in such animals within the Republic of Kazakhstan only upon permission of the authorised government agency for protection, reproduction and use of wildlife.

7. Individuals and legal entities which own any rare and endangered animals kept in captivity and semi-captivity may use them for the purpose of international trade in a manner set out by the legislation of the Republic of Kazakhstan.

8. If international trade of rare and endangered animals that have been bred in captivity and semi-captivity may cause any environmental and/or economic harm to the State, the Government of the Republic of Kazakhstan may impose restrictions on such trade.

Chapter 37. Environmental Requirements Applicable to Specially Protected Natural Areas

Article 253. Environmental Requirements Applicable to the Use of Specially Protected Natural Areas

For the purpose of protecting and improving the environmental state of specially protected natural areas that have special value as the habitat of rare and endangered animals and valuable animals, the environment protection authority in consultation with the authorised government agency for specially protected natural areas shall develop and impose on these territories environmental standards that are stricter than those set for the whole territory of the Republic of Kazakhstan.

Article 254. Environmental Requirements Applicable upon Placing on Specially Protected Natural Areas of Populated Localities, Industrial, Agricultural and Meliorative, Energy, Transport and Communication, Military and Defence Facilities and Structures That are not Associated with the Purposes and Functions of Specially Protected Natural Areas

For the purpose of improving the environmental state as well as preventing harm to specially protected natural areas, placement on specially protected natural areas of populated localities, industrial, agricultural and meliorative, energy, transport and communication, military and defence facilities and structures that are not associated with the purposes and functions of specially protected natural areas shall be in accordance with the legislation of the Republic of Kazakhstan, including environmental requirements for these territories.

Article 255. Special Environmental Requirements Applicable to Geological Survey, Exploration and Mining of Natural Resources on the Areas of Outstanding Natural Beauty

1. For the purpose of preventing possible negative impact that may be caused by the geological survey, exploration and mining of natural resources on the environment and objects of national nature reserve, a nature user shall:

1) consult with the authorised government agencies for specially protected natural areas, protection, reproduction and use of wildlife:

the number and location of areas required for repair of process roads and power transmission lines, as well as for driving vehicles off roads in the process of operations carried out by a nature user;

a scheme of support process roads on the contact territory;

the location and equipment of areas for warehousing industrial and consumption wastes as well as for dumping of fuels and lubricants and other contaminants;

the cutting and grubbing of plants and bushes on the contract territory clearing it up for process platforms envisaged by the project.

2) define, for the purpose of designating clearly the borders of the contract territory, its borders by way of putting out exterior notices;

3) transport chemical and radioactive materials only in special containers preventing their penetration into the environment;

4) keep the cover of technological roads in such a condition that prevents the surface from destruction, increased dusting and higher danger of spillages of chemical and radioactive substances while being transported; and

5) carry out reclamation of dump sites, disposal or burial in designated areas of the remnants of construction materials being used for repair of process roads and power transmission lines.

2. There shall be prohibited on the territories of the national nature reserve to:

1) install and construct settlements, permanent industrial, agricultural and meliorative, energy, transport and communication, military and defence facilities, sanatoriums, resort houses, catering facilities, hotels, other facilities and structures which are not associated with the purposes and functions of the national nature reserve;

2) carry out works that can lead to the change of the natural appearance of landscapes and disturb the balance of eco-systems;

3) bury industrial and consumption waste as well as radioactive materials;

4) make use of topographic lows in the relief to discharge industrial and other contaminated waters;

5) apply potentially hazardous chemical and biological substances and produce harmful physical effects on the environment;

6) arrange parking lots, put out tents, build a fire outside of the areas intended for such purposes;

7) arrange the movement and parking of motor vehicles, drive domestic animals outside of general roads and specially designated places;

8) introduce plants and naturalise animals alien to the local flora and fauna;

9) perform commercial stocking of plants used for medical and other purposes;

10) withdraw wildlife, cut trees and bushes, store up secondary timber materials and haymow without special permits issued by the authorised government agency for protection, reproduction and use of wildlife;

11) drive vehicles off technological roads, except for areas specially designated for such purposes with the approval of the authorised government agency for protection, reproduction and use of wildlife, or move around the contract area off the existing roads;

12) mine commonly occurring natural resources;

13) stocking industrial and consumption wastes outside of specially designated areas that prevent the wastes from being carried (by wind or precipitations) around the contract area and the national nature reserve; and

14) drain fuels and lubricants and other contaminants, except for areas specially designated within the contract territory upon consultation with the authorised government agency for protection, reproduction and use of wildlife.

3. For the purpose of executing control over the state of the environment a production monitoring programme shall be annually developed and agreed with the authorised government agencies for specially protected natural areas, for environmental protection and for protection, reproduction and use of wildlife, which shall envisage:

1) quarterly control over the chemistry of water in artesian wells and draw wells within a radius of up to twenty kilometres from the contract area;

2) quarterly control over radiation levels and the concentration of radioactive substances in the ground within the contract area and within a radius of up to ten kilometres outside;

3) quarterly control over concentrations of pollutants in the environment that form up in the process of operations; and

4) specific terms, persons responsible for the implementation of actions, forms of completion and reporting.

Chapter 38. Environmental Requirements Applicable upon Conduct of any Business and Other Activities within the National Nature Reserve in the Northern Part of the Caspian Sea

Article 256. Borders of the National Nature Reserve in the Northern Part of the Caspian Sea

The borders of the n ational nature reserve in the northern part of the Caspian Sea shall be defined by the Government of the Republic of Kazakhstan.

Article 257. Restrictions on Use

1. Based on the functional zoning, areas shall be allocated within the national nature reserve in the northern part of the Caspian Sea where a complete ban on any business and other activities and additional temporary restrictions on the conduct of certain types of works shall apply in accordance with the Law of the Republic of Kazakhstan On Specially Protected Natural Areas.

2. In the n ational nature reserve, there shall be introduced the following use regime:

1) for the purpose of providing for the normal spawning run of fish and the escape of young fish into the sea, there shall be prohibited from 1 April until 15 July to conduct any construction and geophysical works, test wells and carry out navigation in the estuaries of the Ural River and the Volga River within a radius of fifty kilometres from the most seaward protruded point of Kazakhstan's part of the land delta of the Volga River and the most seaward protruded point of the land delta of the Ural River as well as within the fifteen kilometre wide shoreline established as of 1 January 1994 between the borders of the said near-delta spaces and eastward up to the Emba River. However, there shall be permitted navigation of ships engaged in fishery and fish transportation, scientific research and in control and inspection as approved by the authorised government agency for protection, reproduction and use of wildlife;

2) during the period specified in sub-paragraph 1) of this paragraph, oil production shall be converted to a self-supporting basis in terms of equipment, chemicals, fuels and lubricants and other materials and food supplies. All actions shall be undertaken to enable the accumulation and storage of waste generated as a result of oil production that shall be removed away upon expiry of the period of the ban;

3) for the purpose of conserving birds at nesting places (reeds, sand shoreline and isles), there shall be prohibited, during the period specified in sub-paragraph 1) of this paragraph to carry out any construction works and to test wells;

4) works to be conducted in the period other than that specified in sub-paragraph 1) of this paragraph within the reeds (natural biological filter) on the sea-land border shall be regulated by the authorised government agencies for environmental protection and specially protected natural areas, subject to the season of the year;

5) for the purpose of preserving the population of the Caspian seals, oil operations shall be carried out from October until May at a distance of no less than 1,852 metres (one nautical mile) from places of their concentrations. Given the change of their rookery all possible measures shall be undertaken to identify the places of concentrations of seals; and

6) in order to avoid any negative impact on birds and Caspian seals, there shall be prohibited to fly aircrafts over the designated places of their habitation and breeding at a height of lower than one kilometre, unless scientific research and rescue operations are conducted, of which the authorised government agencies for environmental protection and specially protected natural areas shall have been informed in advance.