Badzhal Is Restless | Ecology of Cupid

3/28/2020 Badzhal is restless | Ecology of Cupid

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Photo Date of publication: 05/20/2015

The Badzhalsky federal state nature reserve remains the most problematic area under the control of the Komsomolsky nature protection service. By order of the Ministry of Natural Resources of Russia No. 147 of March 03, 2011, the Badzhalsky state reserve was transferred under the protection of the reserve. The territory is remote from the location of the reserve office, there are difficulties in the allocation of forest plots for the construction of forest infrastructure. Especially when the protection is carried out by the federal agency (Ministry of Natural Resources of Russia), and the forests are transferred to the regional authorities (Forest Management of the Government of the Khabarovsk Territory). In connection with the existing difficulties, the protection is carried out almost “from the wheels”:

Despite the difficulties in organizing the protection of the reserve, since 2013, the reserve protection service has regularly revealed violations of the legislation in the field of nature management and environmental protection. As a rule, offenders are officials and legal entities that cause significant material damage to the protected natural complexes of the Badzhalsky reserve.

On January 25, 2014, the State Inspectorate of the Federal State Budgetary Institution “Komsomolsky State Reserve” conducted an audit of compliance with the requirements of the legislation in the field of nature management and environmental protection of CJSC Amgunsky LPH (sub-tenant of Flora OJSC), which conducted main felling in blocks 283, 284 of Amgunsky Forestry within the boundaries of the Badzhalsky reserve. A road was laid to the place of logging with the device of crossings through water barriers.

In March 2014, the Komsomolsk-on-Amur Inter-District Environmental Prosecutor's Office, upon request from the administration of the Komsomolsky Nature Reserve, verified compliance with the law on a specially protected natural area - the Badzhalsky Federal Reserve.

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The audit found that on the territory of the Badzhalsky nature reserve, created with the aim of preserving and restoring rare, endangered species of animals, endangered medicinal plants and their habitats, commercial organizations of OJSC Dallesprom and OJSC Flora are logging in industrial volumes.

The felling of wood in the territory of the Badzhalsky Federal Reserve is authorized by the Government of the Khabarovsk Territory, which concluded lease agreements for forest plots with these legal entities, including those located within the reserve, on the basis of positive conclusions from the examination of forest development projects under these agreements. At the same time, in affirming the provisions of the expert examination, the Forest Management of the Government of the Khabarovsk Territory went beyond the authority granted to it, since this right is within the competence of the Ministry of Natural Resources and Ecology of the Russian Federation.

In order to eliminate the revealed violations of the law and the prohibition of barbaric logging on the territory of the reserve, the prosecutor's office sent lawsuits to the Central District Court of Khabarovsk requiring the Forest Administration to declare the legal acts illegal, to cancel them, and to stop cutting of forest stands.

As a result of the adoption of prosecutorial response measures, cuttings of forest stands were stopped. The Khabarovsk Territory Government has concluded an additional agreement with Dallesprom OJSC, which excludes the territory of the reserve from the lease agreement, terminated the agreement with Flora OJSC. On April 22, 2015, the Arbitration Court of the Khabarovsk Territory, at the first instance, completed the review and rejected the statement of Amgunsky LPH CJSC on the illegality of the order of the Komsomolsky Reserve administration dated January 25. 2014 year No. 09-00003 "On elimination of violations of the legislation in the field of nature management and environmental protection" in terms of logging on the territory of the reserve. In the 6th Arbitration Court of Appeal of the Khabarovsk Territory, the consideration of the complaint about bringing Amgunsky LPH CJSC to administrative responsibility for violation of the reserve regime was suspended.

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The issue of establishing damage to a forest resource as a result of main-use logging, incl. as a result of the destruction of undergrowth and shrubs, in blocks 283, 284 of the Amgunsky lesnichestvo, land resources from the operation of forestry equipment, the arrangement of the upper warehouse, shift camp and fuel and lubricant warehouse, the environment, and aquatic biological resources as a result of a decrease in the environment-forming qualities of the forest, the device of crossings through water bodies, Actually fulfilling the role of dams and preventing the passage of spawning fish and the full compensation of the damage caused to the natural complexes of the reserve, it is under the control of the prosecutor's office.

A comprehensive survey in July 2015 is planned to be carried out jointly with Komsomolskaya on the Amur Interdistrict Environmental Prosecutor's Office with the involvement of specialists who have permission (license) to carry out this type of work. Comprehensive examination materials will become the basis for a civil claim for damages to natural complexes of the Badzhalsky Federal Zoological Reserve.

In the period from 02/05/2015 to 02/12/2015, the security service of the Federal State Budgetary Institution "Komsomolsky State Reserve" carried out operational measures in the territories of protected areas of federal significance - in the Oldzhikansky and Badzhalsky reserves.

02.11.2015, on the territory of the Badzhalsky reserve near the railway bridge over the Malaya Sectali River, at the point with coordinates No. 51 ° 13´10.9´´, 134 ° 45´16.7´´, a quarry development site was discovered town, paved road and dumping embankments under the railroad track.

An administrative investigation found that the development of a quarry and the laying of roads were carried out illegally. The Far Eastern Directorate for Capital Construction, a branch of Russian Railways, refused to lease forest plots for the construction of a linear railway facility under the title "Construction of the Sectal railway on the Eanga- Dzhamku section of the Far Eastern Railway" due to the lack of state environmental review federal level, as construction is planned on the territory of the federal protected areas.

Licenses for the development of publicly available minerals and permission to lay roads on the territory of the reserve at LLC Stroyresurs (General Director and founder Tan A.V.) and LLC Construction Company Vostokstroymehanizatsiya (General Director and founder Saraev V.A.) under the agreement with the branch of JSC Russian Railways, the Far Eastern Directorate for Capital Construction, in the territory of protected areas of federal significance, is absent.

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During the examination of the materials of the administrative investigation, it was established that the actions of the officials - the general director and founder of Stroyresurs LLC Tan A.V and the general director and founder of Vostokstroymekhanizatsiya Construction Company LLC V. Saraev contain signs of a criminal offense for which liability is provided for under article 262 of the Criminal Code of the Russian Federation - violation of the regime of reserves, nature reserves, national parks, natural monuments and other natural territories specially protected by the state, entailed it caused significant damage. The materials were sent for a decision on the merits in the SB OMVD of Russia in the Solnechny district of the Khabarovsk Territory. Administrative protocols under Article 8.39 of the Administrative Code of the Russian Federation in relation to legal entities of Stroyresurs LLC (general director and founder Tan A.V. ) and LLC Vostokstroymekhanizatsiya Construction Company (Director General and Founder V. Saraev) were sent for decision to the Komsomolsky District Court. The damage from the illegal actions of builders amounted to more than 40 million rubles. The Ministry of Natural Resources of the Russian Federation has been notified of a violation of the sanctuary regime.

On April 30, the reserve’s operational team revealed the next development of a quarry of publicly available minerals on the territory of the reserve for dumping the reconstructed Komsomolsk-on-Amur – Chegdomyn road in the vicinity of the Gerbi River. An administrative investigation is underway regarding the actions of the managers of PMK-83 LLC (Khurba village, Komsomolsky district), which won the auction for the reconstruction of this road.

Source: FSBI Komsomolsky Reserve

Author: Sasha Stepanova

Photo source: FSBI Komsomolsky Reserve

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