Legal regime of Lake Baikal

General Provisions

Lake Baikal – a unique natural heritage site of Russia and the world, the largest freshwater lake by volume on the planet, containing 20% of global surface freshwater reserves and more than 90% of Russia's reserves. The legal regime of Lake Baikal is regulated by federal laws "On Environmental Protection" and "On the Protection of Lake Baikal," ensuring protection of the unique ecosystem, water resources, flora and

fauna. Baikal _ the deepest lake in the world with a maximum depth of 1,637 m, a shoreline stretching over 2,000 km, into which more than 300 rivers flow, including the largest one, Selenga, and from which the river Angara flows out. More than 2,630 species of animals and plants inhabit the Baikal Natural territory, of which over 2,000 are endemics found only in this lake.

Federal Target Programme «Protection of Lake Baikal and Social and Economic Development of the Baikal Natural Territory» (2012–2020) is aimed at preserving ecosystems, reducing anthropogenic impact, control over discharges of pollutants, restoration of contaminated territories, protection of endemic species, development of state environmental monitoring and

rational use of nature. The legal regime includes prohibitions on chemical, physical and biological pollution, regulation of fishing of Baikal omul, nerpa and other aquatic biological resources, as well as restrictions on construction of economic facilities without environmental expertise.

Baikal Natural Territory covers 386,000 km², including the central ecological zone, buffer zone, and atmospheric influence zone, 10 protected natural areas (PNAs), 21 PNAs, 4 recreational sites, and more than 128 natural monuments. Central Ecological Zone ensures priority forest reproduction, protection of water bodies, and regulation

tourism and recreational activities taking into account permissible ecological loads. Ecological zoning of territories allows for effective management of natural resources, prevention of ecosystem degradation, and preservation of Lake Baikal's unique biological resources.

The legal regime of Lake Baikal serves as a key instrument for ensuring sustainable use of nature, protection of water bodies, forests, wildlife, and biological resources, regulation of environmental expertise, environmental monitoring, recreational activities, and preservation of natural heritage. Legislation of Russia creates a comprehensive system for protecting Lake Baikal, allowing unique ecosystems, endemic species and natural landscapes to be preserved for future generations.

Lake Baikal holds the first place in the world by volume of water among the largest lakes, which accounts for 20% of global surface freshwater reserves and more than 90% of Russia's reserves (the volume of water in Baikal is 23,000 km³). Lake Baikal is the deepest lake in the world (maximum depth – 1,637 m). Length of the shoreline of the lake exceeds 2,000 km. More than 300 rivers and streams flow into the lake, more than half of the inflow comes from the Selenga. One river, Angara, flows out. Out of 2,630 species and subspecies of animals and plants in the lake, more than 2,000 are found nowhere else in the world.

The age of Lake Baikal is determined as 23 million years¹. In 1996, Lake Baikal was included in the List of the UNESCO World Heritage List. Among the main federal laws defining the legal regime of Lake Baikal, one can mention the Federal Law "On Environmental Protection," as well as the Federal Law "On the Protection of Lake Baikal."

State Conservation Programs for Lake Baikal

At present time in effect is the Federal Targeted Program «Protection of Lake Baikal and socio-economic development of the Baikal Natural Territory for 2012 - 2020»². According to the aforementioned program, analysis of key indicators characterizing anthropogenic impact on the Baikal Natural Territory as a whole and directly on Lake Baikal indicates that

intensification of negative anthropogenic impact on a unique natural complex.

The objectives of the Program are: reducing discharges of pollutants into water bodies of the Baikal Natural Territory; decreasing the level of contamination with waste from the Baikal Natural Territory, including ensuring the restoration of territories subjected to high and extremely high contamination; increasing the efficiency of utilizing the recreational potential of strictly protected natural territories; preserving and reproducing biological resources of the Baikal Natural Territory; developing state ecological monitoring of the unique ecological system of Lake Baikal; developing a system for protecting the shores of the lake.

Lake Baikal, rivers, and other water bodies of the Baikal Natural Territory.

Baikal Natural territory – territory, which includes Lake Baikal, the water protection zone adjacent to Lake Baikal, its drainage area within the territory of the Russian Federation, protected natural territories,

adjacent to Lake Baikal, as well as the territory adjacent to Lake Baikal territory up to 200 kilometers wide to the west and northwest of it (article 2 of the Federal Law "On the Protection of Lake Baikal").

Area of the Baikal Natural Territory (386 thousand km²) is comparable to the total area of all nature reserves and national parks in Russia (411 thousand km²). Directly adjacent to the shore of Lake Baikal are 10 specially protected natural territories (SPNT), including 3 nature reserves, 2 national parks, 5 natural monuments. In addition, there are another 21 SPNT, 4 recreational areas, and more than 128 natural monuments located on the Baikal Natural Territory. Area of the UNESCO World Heritage Site area is 89 thousand km² and includes

Types of activities, during the implementation of which a negative impact on the unique ecological system of Lake Baikal

On the Baikal Natural Territory, types of activities are prohibited or restricted during the implementation of which a negative impact on the unique ecological system of Lake Baikal:

• chemical pollution of Lake Baikal or its parts, as well as its watershed area, associated with discharges and emissions of harmful substances, use of pesticides, agrochemicals, radioactive substances, operation of transport, placement of production and consumption waste;
• physical change in the state of Lake Baikal or its parts (change in water temperature regimes, fluctuations in water level indicators beyond permissible values, changes in inflow to Lake Baikal);
• biological [pollution](/enc/31676/ "Definition of the term 'Pollution' in the legal

"Encyclopedias") of Lake Baikal, related to the use, breeding, or acclimatization of aquatic biological organisms not characteristic of the ecological system of Lake Baikal, in Lake Baikal and water bodies that have a permanent or temporary connection with Lake Baikal.

On the Baikal Natural Territory, the construction of new economic facilities, reconstruction of existing economic facilities without a positive conclusion of state expertise of project documentation for such facilities is prohibited. The list of activities prohibited in the central ecological zone is approved by the Government of the Russian Federation (article)

(encyclopedia) 7 of the Federal Law "On the Protection of Lake Baikal")

For the purpose of protecting Baikal omul, nerpa, and other species of aquatic animals, as well as species of aquatic plants that are endemic to Lake Baikal (endemic aquatic animal and plant species), excluding aquatic animals and plants listed in the Red Data Book of the Russian Federation, the Government of the Russian Federation or a federal executive body authorized thereby determines the permissible volume of catch (harvest) of Baikal omul, nerpa, and other endemic aquatic animal species, the collection of endemic aquatic plant species, fishing seasons for Baikal omul and list

means of its capture, timing for harvesting Baikal seals and list of means for its capture, as well as timing for collecting endemic aquatic plant species.

Special provisions for the protection, fishing (hunting) of Baikal omul, nerpa, and other endemic species of aquatic animals, as well as the collection of endemic species of aquatic plants are established by the Government of the Russian Federation (article 8 of the Federal Law "On the Protection of Lake Baikal").

On the Baikal Natural Territory, territories of traditional nature use are determined in accordance with procedures established by Russian legislation. Relations arising from the use of land and other natural resources on territories of traditional nature use within the Baikal Natural Territory are regulated by Russian legislation in accordance with the Federal Law "On the Protection of Lake Baikal" (Article 9 of the Federal Law "On the Protection of Lake Baikal").

In order to preserve the unique ecological system of Lake Baikal and prevent negative impacts of economic and other activities on its state ecological zoning of the Baikal Natural Territory⁴ is carried out.

As noted by O.A. Zolotova, analysis of legislation mentioning zoning allows us to conclude that zoning represents process of dividing territory into parts - zones, with the aim of establishing a uniform regime of land use within the boundaries of this zone. Zoning of territory allows refining or detailing the legal regime of using this territory. Zoning may apply to a group of land plots or part of a land plot, which expands the possibilities of legislators [by](/enc/32588/ "Definition of the term «PO» in the legal

"(encyclopedias") restriction of economic and other activities of individuals and legal entities in certain territories⁵.

Ecological Zones of the Baikal Natural Territory

On the Baikal Natural Territory, the following ecological zones are identified:

• central ecological zone – territory that includes Lake Baikal with its islands, the water protection zone adjacent to Lake Baikal, as well as particularly protected natural territories adjacent to Lake Baikal;
• buffer ecological zone – territory beyond the central ecological zone, including the watershed area

Lake Baikal within the territory of the Russian Federation;

• ecological zone of atmospheric influence – territory outside the catchment area of Lake Baikal within the territory of the Russian Federation with a width of up to 200 kilometers to the west and northwest from it, on which are located economic objects, activity of which causes negative impact on the unique ecological system of Lake Baikal.

Ecological zoning of the Baikal Natural Territory is carried out in accordance with procedures established by the Government of the Russian Federation (Article 2 of the Federal Law "On the Protection of Lake Baikal").

Use of land resources by citizens and legal entities in the central ecological zone and buffer ecological zones is conducted in compliance with requirements of the Federal Law "On the Protection of Lake Baikal" (Article 10 of the Federal Law "On the Protection of Lake Baikal").

In the central ecological zone, the following are prohibited: 1) clear-cutting; 2) conversion of forest land occupied by protective forests into lands of other categories. When regenerating forests in the central ecological zone, regeneration of valuable forests is ensured on a priority basis. Use, protection,

protection, forest reproduction, located in the central ecological zone, are carried out in accordance with forest legislation (Article 11 of the Federal Law "On the Protection of Lake Baikal").

Organization of tourism and recreation in the central ecological zone is carried out in accordance with rules ensuring compliance with maximum permissible load norms on the environment in the central ecological zone. Rules for organizing tourism and recreation in the central ecological zone are approved by the state authorities of the Republic of Buryatia, the state authorities of the Irkutsk Region (Article 12 of the Federal Law "On the Protection of Lake Baikal").

1. Appendix 3.1 of the State Report "On the Condition of Lake Baikal and Measures for Its Protection in 2012" // Official Website of the Ministry of Natural Resources of Russia. [Electronic Resource]. URL: http://www.mnr.gov.ru/regulatory/list.php?part=1491. ↩
2. Approved by the Government Decree of the Russian Federation dated August 21, 2012 No. 847 // RSZ RF. 2012. No. 36. Art. 4899. ↩
3. Appendix 3.1 of the State Report "On the Condition of Lake Baikal and Measures for Its Protection in 2012" // Official Website of the Ministry of Natural Resources of Russia. [Electronic Resource]. URL: http://www.mnr.gov.ru/regulatory/list.php?part=1491. ↩

Item 1 of Government Decree No. 661 of the Russian Federation dated September 6, 2000 «On Ecological Zoning of the Baikal Natural Territory and Informing the Population about the Boundaries of the Baikal Natural Territory, its Ecological Zones and on the Features of the Regime of Ecological Zones» // Collection of Laws of the Russian Federation. 2000. No. 37. Art. 3727. ↩
5. Legal Protection of Lake Baikal: A Scientific-Practical Guide / Ed. Yu.I. Shuplekova. Moscow, 2011. Pp. 98–99. ↩