Legal regime of Lake Baikal

General Provisions

Lake Baikal is a unique natural heritage site of Russia and the world, the largest freshwater lake on the planet by volume, 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 the protection of the unique ecosystem, water resources, flora, and fauna. Lake Baikal is the deepest lake in the world with a maximum depth of 1,637 m, a long shoreline exceeding 2,000 km, into which more than 300 rivers flow, including the largest one, Selenga, and from which the Angara River flows out. More than 2,630 species of animals and plants live on the Baikal Natural Territory, of which more than 2,000 are endemics found only in this lake.

The Federal Targeted Program "Protection of Lake Baikal and Socio-Economic Development of the Baikal Natural Territory" (2012–2020) is aimed at preserving the ecosystem, reducing anthropogenic impact, controlling discharges of pollutants, restoring contaminated areas, protecting endemic species, developing state environmental monitoring, and promoting rational use of natural resources. The legal regime includes prohibitions on chemical, physical, and biological pollution, regulation of the catching of Baikal omul, nerpa, and other aquatic biological resources, as well as restrictions on the construction of economic facilities without an ecological assessment.

The Baikal Natural Territory covers 386,000 km², including the central ecological zone, buffer zone, and atmospheric influence zone, 10 specially protected natural territories (SPNT), 21 SPNTs, 4 recreational areas, and more than 128 natural monuments. The central ecological zone ensures priority forest reproduction, protection of water bodies, and regulation of tourism and recreational activities taking into account acceptable environmental loads. Ecological zoning of the territory allows for effective management of natural resources, prevention of ecosystem degradation, and preservation of Baikal's unique biological resources.

The legal regime of Lake Baikal is a key instrument for ensuring sustainable use of nature, protection of water, forests, wildlife and biological resources, regulation of environmental impact assessment, environmental monitoring, recreational activities and preservation of natural heritage. Russian legislation creates a comprehensive system for the protection of 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 among the largest lakes by volume, which amounts to 20% of global surface freshwater reserves and more than 90% of Russia's reserves (the volume of water in Lake Baikal is 23,000 km3). Lake Baikal is the deepest lake in the world (maximum depth - 1,637 m). The 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 Selenga. One river, Angara, flows out. Of the 2,630 species and subspecies of animals and plants in the lake, more than 2,000 are not found anywhere else in the world. The age of Lake Baikal is estimated at 23 million years¹. In 1996, Lake Baikal was included in the UNESCO World Heritage List. Among the main federal laws defining the legal regime of Lake Baikal can be mentioned the Federal Law "On Environmental Protection", as well as the Federal Law "On the Protection of Lake Baikal".

Federal programs for the protection of Lake Baikal

The current Federal Target Program "Protection of Lake Baikal and socio-economic development of the Baikal Natural Territory for 2012-2020"² is in effect. 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 an intensification of negative anthropogenic impact on the unique natural complex.

The objectives of the Program are: reduction of pollutant discharges into water bodies of the Baikal Natural Territory; reduction of waste pollution levels in the Baikal Natural Territory, including ensuring the restoration of areas subjected to high and extremely high contamination; increasing the efficiency of using the recreational potential of protected natural territories; preservation and reproduction of biological resources of the Baikal Natural Territory; development of state environmental monitoring of the unique ecological system of Lake Baikal; development of the shore protection system for Lake Baikal, rivers, and other water bodies within the Baikal Natural Territory.

Baikal Natural Territory – an area that includes Lake Baikal, the water protection zone adjacent to Lake Baikal, its catchment area within the territory of the Russian Federation, specially protected natural territories adjacent to Lake Baikal, as well as areas adjacent to Lake Baikal with a width of up to 200 kilometers to the west and northwest of it (Article 2 of the Federal Law "On the Protection of Lake Baikal").

The area of the Baikal Natural Territory (386,000 km2) is comparable to the total area of all nature reserves and national parks in Russia (411,000 km2). Directly adjacent to Lake Baikal's shore are 10 specially protected natural territories (SPNT), including 3 nature reserves, 2 national parks, and 5 nature sanctuaries. In addition, there are another 21 SPNT, 4 recreational areas, and more than 128 natural monuments located on the Baikal Natural Territory. The area of the World Heritage Site amounts to 89,000 km2, which includes Lake Baikal (31,500 km2), SPNT (24,700 km2), and other territories (32,800 km2)³.

Kinds of activities that have a negative impact on the unique ecological system of Lake Baikal

On the Baikal Natural Territory, activities that have a negative impact on the unique ecological system of Lake Baikal are prohibited or restricted:

• chemical pollution of Lake Baikal or its part, as well as its catchment area, related to discharges and emissions of harmful substances, use of pesticides, agrochemicals, radioactive materials, operation of transport, placement of production and consumption waste;
• physical changes in the state of Lake Baikal or its part (changes in water temperature regimes, fluctuations in water level indicators beyond permissible values, changes in inflows to Lake Baikal);
• biological pollution of Lake Baikal related to the use, breeding or acclimatization of aquatic biological objects not characteristic of the ecological system of Lake Baikal, in Lake Baikal and water bodies having a permanent or temporary connection with Lake Baikal.

On the Baikal Natural Territory, the construction of new economic facilities and the reconstruction of existing economic facilities is prohibited without a positive conclusion of state expertise of the project documentation for such facilities. The list of activities prohibited in the central ecological zone is approved by the Government of the Russian Federation (Article 7 of the Federal Law "On the Protection of Lake Baikal").

In order to protect Baikal omul, nerpa, and other species of aquatic animals, as well as species of aquatic plants that are found only in Lake Baikal (endemic species of aquatic animals and plants), excluding those aquatic animals and plants included in the Red Book of the Russian Federation, the Government of the Russian Federation or an authorized federal executive body shall determine the allowable catch volume (harvest) of Baikal omul, nerpa, and other endemic species of aquatic animals, the collection of endemic species of aquatic plants, the periods for catching Baikal omul and the list of gear used for its catching, the periods for harvesting Baikal nerpa and the list of gear used for its harvesting, as well as the periods for collecting endemic species of aquatic plants.

Special provisions regarding the protection, catching (harvesting) 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, areas of traditional nature use are determined in accordance with the legislation of the Russian Federation. Relations arising from the use of land and other natural resources on the areas of traditional nature use on the Baikal Natural Territory are regulated by the legislation of the Russian Federation 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 impact of economic and other activities on its condition, ecological zoning of the Baikal Natural Territory is carried out⁴.

As O.A. Zolotova notes, analysis of legislation mentioning zoning allows us to conclude that zoning represents a 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 allows for clarification or detailing of the legal regime of land use. Zoning may apply to a group of land plots or part of a land plot, which expands the legislature's opportunities to restrict business and other activities of individuals and legal entities on certain territories⁵.

Ecozones of the Baikal Natural Territory

The following ecozones are identified on the Baikal Natural Territory:

• central ecological zone – an area that includes Lake Baikal with its islands, the water protection zone adjacent to Lake Baikal, as well as specially protected natural territories adjacent to Lake Baikal;
• buffer ecological zone – an area beyond the central ecological zone, including the catchment area of Lake Baikal within the territory of the Russian Federation;
• atmospheric influence ecological zone – an area outside the catchment area of Lake Baikal within the territory of the Russian Federation, up to 200 kilometers wide to the west and northwest of it, where economic facilities are located whose activities have a negative impact on the unique ecological system of Lake Baikal.

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

The use of land resources by citizens and legal entities in the central ecological zone and buffer ecological zone shall be carried out in compliance with the 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 fund lands occupied by protective forests into land of other categories. When regenerating forests in the central ecological zone, regeneration of valuable forests is given priority. The use, protection, conservation and regeneration of forests located in the central ecological zone shall be carried out in accordance with forestry legislation (Article 11 of the Federal Law "On the Protection of Lake Baikal").

Tourism and recreation in the central ecological zone are organized in accordance with rules that ensure compliance with maximum allowable 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, and the state authorities of the Irkutsk region (Article 12 of the Federal Law "On the Protection of Lake Baikal").