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SECTION 4. NATURE PROTECTION 4.1 National ecological policy on nature and biodiversity protection After the declaration of independence, Kazakhstan repeatedly proved its adherence to ecological safety and sustainable development. It signed the final documents at the UN Conference on Environment and Development” (Rio-92), become an active participant of the process “Environment for Europe”, joined important international conventions on Climate Change, Combat Desertification, Biodiversity Protection. Kazakhstan is a regular participant of international forums on environmental protection, a member of UN Sustainable Development Commission, and initiates agreements on bilateral basis and at regional level. Joint Announcement of the Ministers of the Central Asian countries, stipulating the development of Central-Asia Regional Environmental Action Plan was signed at the regional conference of ministers of the environment within the framework of NEAP (Almaty, April 22, 1998). At present, the transition to ecologically safe and sustainable development are part of the priority directions of the Kazakhstan Development Strategy. Now, the Republic of Kazakhstan is at the transition stage from centrally planned – to open market and regulated economy. Large economic changes and structural reconstruction take place in the country. Legal and institutional system is transforming. The main goal of the long-term ecological strategy – coordination of public and environmental activities, as well as creation of an ecologically favorable environment. 4 priority directions were selected to achieve this goal: creation of ecologically favorable environment, sustainable use of natural resources, animal and plant diversity conservation and ecological education. There are 4 stages in the long-term ecological strategy: 1998-2000; 2001-2010; 2011-2020 ? 2021-2030. Each stage has defined its objectives, priorities and tasks to be achieved taking into account coordination with national policy and with regional and international ecological policy. NEAP is a part of the strategy and is its first stage. Legislation. Existing legal base in the field of environmental protection provides, as whole, conditions to implement ecological projects on the Kazakhstan territory. Basic principles of the ecological state policy were reflected in existing legal system of environmental protection. Environmental protection activity is accepted as one of the key directions in the Constitution of the Republic of Kazakhstan (1995, art. 31). The Concept of Ecological Safety, approved by the Decree of the President of the Republic of Kazakhstan, determined strategic directions of the ecological state policy as well as a system of organizational, legal, economic, and social activities for environmental protection. In connection with the necessity of new methods on transaction regulation for nature protection, use of a progressive system of ecological payments and taxes, improvement of ecological management is needed. In 1997, the Law on Environmental Protection was adopted, owing to which a wide range of public ecological transactions was settled. Principal provisions of the law on Environmental Protection were revised and amended by the approval of a number of documents. So, in 1997, the laws on Special Protected Areas and on Ecological Expertise were adopted. Organization of environmental and natural resources monitoring issues are being resolved on the base of the Provisions on Forest Ecosystem Monitoring (1993) on Land Monitoring (1997) and Underground Resources Monitoring (1997), adopted by the Government of the Republic of Kazakhstan. The Ministry of Natural Resources and Environmental Protection is preparing provisions on environmental monitoring, draft laws on Radiation Safety, on Ecological Control, on Industrial and Production Wastes and on Payments for Bioresources Utilization were submitted to the Government of the Republic of Kazakhstan. In 1997, new versions of Civil and Criminal Codes of the Republic of Kazakhstan were adopted, which include articles on liability for ecological legislation violation. In 1998, the Ministry of Natural Resources and Environmental Protection of the Republic of Kazakhstan prepared and submitted to the Government draft acts on Licensing for Natural Resources Utilization Activity and on Standardization and Certification of Environmental Protection. Taking into account the organization of sustainable environmental management is the key component of ecological policy of Kazakhstan, as well as relations on environmental management form the base of state economy, a number of laws, regulating this activity, were adopted as follows: in 1993 – Forest Code, Water Code, the Law on Animal Utilization, Reproduction and Protection; in 1995 – the Decree of the President on Land, in 1996 - the Decree of the President on Underground Resources and Its Utilization, as well as the Law on Petroleum. Existing system of state structure subdivided into representative (Parliament, maslikhat), executive (the Government of the Republic of Kazakhstan, ministries, and akimats) and legal bodies are responsible for implementation of policy on environmental protection. About 300 non-governmental ecological organizations take active part in management of environmental protection. Laws on public organizations (1996) and on environmental protection (1997) regulate their activity. International organizations. At present, the activity on international ecological conventions and agreements, directed to NEAP priority issues solution, has been strengthened. Actions on 5 ecological conventions and agreements have been undertaken. Convention on Climate Change. Kazakhstan, as a party of the Convention on Climate Change, supported by initiatives of the World Bank and other countries on carbon credit market establishment. The stated initiatives make it possible to implement priority projects on energy saving. Kazakhstan signed the Kyoto Protocol, actions on National Strategy and Action Plan on Greenhouse Emission Abatement with the inclusion of priority projects. Convention on Biodiversity. National Strategy and Action Plan on Biodiversity Conservation and Sustainable Use has been developed and approved. Kazakhstan organizes a number of regional workshops on this problem in European and Central Asia countries. Strategy and Action Plan include NEAP priority projects. Convention on Combat Desertification. The development of National Strategy and Action Plan on Combat Desertification, directed to solution of land degradation issues is being completed. Also, existing networks and organizations of Kazakhstan are being reviewed, operating in the field of desertification. Convention on Ozone Layer Protection. The development of National Program on Elimination of Ozone Destroying Substances is being completed. The Program will include Action Plan, forecast elimination of these substances, as well as a number of projects. The objective of projects – to reduce Ozone Destroying Substance consumption in Kazakhstan in accordance with the Montreal Protocol requirements. Convention Synergism. The Committee on International Ecological Conventions was formed in NEC SD for coordination of these actions on conventions. National Focal Points on ecological conventions entered into its framework. Actions on conventions are coordinated with activities on NEAP projects implementation. Integrated Information Database has been established, Integrated National Strategy Structure adopted, preparation and approval procedure improved for effective convention and agreement implementation at national level. Integrated Interdepartmental Commission with the involvement of interested ministries and NGOS is in the process of establishment. Implementation of obligations, imposed on the Government, on International Ecological Conventions, development of interaction mechanism, public awareness and involvement will be its functions. Existing environmental legislation in the republic, as a whole, corresponds to provisions of the Convention on Biological diversity, however, it does not stipulate some norms necessary for international obligations on this Convention to be carried out by the Republic of Kazakhstan.
4.2. Special Protected Area System Reserved zone. The North-Caspian water area is a unique from the point of view of biological and commercial value of ichthyofauna, especially sturgeon species. This part of water area with the Volga Delta and Ural Delta was declared, by the Enactment of Council of Ministers of the KazSSR “Declaration of a Reserved Zone in the North-Caspian region” of April 30, 1974, #352, a reserved zone within the Kazakhstan area. Protected coastal reserved zone is marked at 28 below sea level. In 4 years, the Ural water area and flood-plain up to the mouth of Barbastau river was included into the reserved area by the Enactment of Council of Ministers of the KazSSR of June 30, 1978, #284. At present, protection status and regime of “the State Reserved Zone of the North Caspian Region” is determined by the Law of the Republic of Kazakhstan on Specially Protected Areas (15.07.97), article 48. Natural memorial “T.G. Shevchenko’s Willow ” was planted by prominent Ukrainian poet and writer T.G. Shevchenko in the fort Shevchenko, 1850 (Mangystau region). Karagy-Karakol state sanctuary (43?30-north latitude; 51?45-east longitude), square – 137,5 th. hectares, located in 120 km from Aktau city on the Mangyshlak peninsula. The sanctuary was founded in 1986 and includes a deep trench (132 m below sea level) with a unique flora and fauna. Novinsk state sanctuary (46?15 north latitude; 49?45 east longitude), square 45,0 th. hectares, founded in 1967, on the islands of the same name and water area for wetland protection of the Eastern Delta Volga on the border of Kazakhstan and Russian Federation. Rare plant species: Trapa natans L. (Traphaceae), Nelumbo nucifera (caspica) Gaertn., Drema astrakhanica, water-lily, as well as representatives of animal world: desman, river beaver, hedgehog, 27 species of birds (eastern white and Dalmatian pelicans, pink flamingo, whooper swan, little egret, squacco pond-heron, Eurasian spoonbill, ferruginous pochard etc.) are under protection in the sanctuary. Now the area of the sanctuary is practically under water in connection with sea level rising. Shortanbay state sanctuary is located in the Volga-Ural interfluve and at present it is mostly wetlands. Protected species are the same as in the Novinsk sanctuary, as well as water plant Aldrovanda vesiculosa L. (Droseraxeae) and reptiles – Caspian whip snake and four-lined snake. Aktau-Buzachin state sanctuary (45?00-north latitude; 51?00-east longitude), square – 170,0 th. hectares, founded in 1982 on the Buzachi peninsula (Mangystau region) with the purpose of protection of commercial species of fauna - mouflon, some species of birds and rare endemic species of plants (Astragalus ustyurtensis, Artemisia gurganensis, Salyanka broadifolia, Convolvulus persianica). Main Wetlands of the Kazakhstan Caspian sector and their locations. Wetlands refer to transition zone and are represented with thick high (3-6 m) thickets of reeds, Typha angustifolia in water and and Phragmites australis - Bolboschoenus communities on land. Macrophyts of genera (Potamogeton, Ceratophyllum, Miriophyllum, Najas, Ruppia etc.) are, mostly, in the underwater layer. Plant species, entered the Red Data Book, can be seen in lagoons of the Volga-Ural interfluve. In connection with the sea level rising, these species areas have considerably reduced for last years and the square of reeds, on the contrary, has increased 3 times as much. For the period of 1992-1997, reeds have grown along the east seaside, including the Buzachi peninsula, as well as in shallow waters on the place of former islands – shalyg. These thickets have a distinguishing feature of incompleteness of composition and structure; therefore they are vulnerable to any sorts of anthropogenic impact. Expansion of reeds in the north and northeast Caspian region, especially in near-delta sectors, raised a biological capacity of these wetlands and they are the most valuable egg-laying places for migratory and molting birds in the paleoarctic. Nest colonies of pelicans are connected with reeds. Taking into account the value of the described wetlands “Special ecological conditions for geophysical research in the Kazakhstan Caspian sector ” (Almaty, the Ministry of Ecology and Bioresources, 1995) limits on activities in near-mouth regions of Ural and Volga Rivers were fixed within a radius of 50 km from delta parts protruding to the sea, as well as other places of egg-laying. Qualitative and quantitative composition of birds in the research area in various seasons of year is liable to considerable fluctuations. The largest number of birds is on the northeast Caspian region from the Ural Delta to the Komsomolez bay and in the flood-lands of the Emba river is noticed in the period of seasonal migrations. The number of birds was about 170-220 birds per 1 km of a route from the Volga Delta to the Ural Delta during the period of spring-summer in the North Caspian region. Cygnus olor, herons and sea gulls are the prevailing species in qualitative relation. In summer, from August till November, a number of birds are larger than in other seasons and amounts 930 birds per 1 km of a route in the north-east Caspian region. Grey goose, river ducks, (wild duck, pintail, teal), tadorna tadorna and sea gulls. Are most numerous during this period. It is necessary to note that neither natural objects nor the Kazakhstan Caspian areas has no official status of biosphere reservation, though the north Caspian coastal Volga-Ural interfluve (including deltas) deserves a nomination at global level on its natural features and anthropogenic development.
4.3. Activity and projects, directed to environmental protection A great number of projects, funded from various sources, state budget, petroleum companies and international organizations, are in the process of implementation in the Kazakhstan Caspian sector. In 1999, the government planned to collect payments for environmental pollution in the volume of 640 mln. tenge (it is for 54 mln. tenge larger than in 1998) on the Atyrau regional environmental fund (AREF). The AREF revenues in 1999 were budgeted in the amount of 320 mln. tenge when distributing, 50% of a total sum, however, 134,4 mln. tenge, was earmarked by the order of the regional akim. The resources are planned to be spent in the following way: on the needs of the local environmental fund (LEF)- 5,8%; on maintenance and strengthening of a material and technical basis of executive bodies in the field of environmental protection -11,5%; the rest – on environmental activities. Besides, it is budgeted 50 mln. tenge on implementation of “Construction and reconstruction of environmental components on Ural river” project at the expense of national budget. Some of the planned actions don’t respond to strategy objectives in the field of environmental protection, e.g.: 4,6 % was planned for land-improvement activities, 6,6% on reconstruction and repair of housing objects, 4,8 % of a total volume of fund’s expenses on financing of Animal Protection Inspection services in 1999. This practice is repeated annually, e.g. in 1998, 7 mln. tenge was spent on implementation of housing projects from the resources of the Atyrau LEF, 2 mln. tenge on implementation of land-improvement actions over the Atyrau region, 6 mln. tenge on (4,8 %) on financing of Animal Protection Inspection services. On the whole, on AREF – 57,588 th. tenge instead of 146,6 mln. tenge or 39,2% instead 60% of the fixed rates according to the Law on Budget System for 1998 was allotted to the local budget. In 1998, resources were directed, mostly, to implementation of the following environmental actions: - 35% - participation in financing and reconstruction of
environmental facilities; At the expense of enterprise equity: “Tengizmunaigas” JSC “Tengizmunaigas” JSC took actions on reconstruction of the West Prorva protective dam for the protection from the Caspian Sea tide waters. For 1998, 10 700 of capital investments and 8 900 th. tenge of building and assembly jobs according to plan 8 920 and 8 888 th. tenge succeeded accordingly. The facilities construction plan was not executed because of a bad financial showing. Facilities construction proceeded in 1999. Works on ground construction for burial of industrial wastes of “Prorva” oil-and-gas production directorate were performed for 9000 th. tenge instead 12000 th. tenge. The construction proceeded in 1999. “Kulsaryoil” oil-and-gas production directorate does not complete the construction for industrial waste burial because of lack of estimate documents. “Tengizshevronoil” Ltd. continues financing of environmental facilities. 5 branches of pipelines are in the process of construction and it would allow processing excess gas and reducing daily gas flaring. In 1999, an introduction of the incinerator has been planned and it will reduce the volume of stored wastes as well as an improvement of sewage treatment and establishment of an additional evaporation system. In accordance with CEP implementation stages in the Republic of Kazakhstan, now the work on 2 thematic directions is being carried out at regional level. Caspian Regional Thematic Center (CRTC) on Sea Level Fluctuations (Almaty) and CRTC on Biological Diversity Conservation (Atyrau) were established with this purpose. Work Plan of CRTC on Sea Level Fluctuations provides study, research for water level fluctuation modeling and forecasting and coastal floodplain mapping, preliminary notification of local administration about coming disasters for protecting human health and the region’s economic sustainability. Actions on other CEP thematic directions will be taken at national level. Topographic digital maps on scale of 1:200000 were compiled for Combat Desertification CEP direction. Experts collected and processed pollution data from Atyrau and Aktau on the Caspian environment for Pollution Control CEP direction. Work on Management of Fish Resources and Other Commercially Exploited Aquatic Bioresources CEP direction (Atyrau) has been initiated. Experts on Institutional, Legal, Regulatory and Economic Instruments and Database management CEP directions (Almaty) are prepared to work. Personnel preparation and training, public awareness, cooperation with NGOs will be provided for each thematic direction. Implementation of coordination with ministries, companies and enterprises, performing economic activity in the Caspian region for sustainable use of natural resources and sustainable economic development on CEP will be provided. It is necessary to note implemented projects in the region as follows:
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