The Regulation of the PNCB - H
CHAPTER I
FOUNDATION, AIM, DELIMITATION, ZONING AND PARK MANAGEMENT
Art.1 The PNCB - H, named fom now on PNCB - H, founded on the basis of MSAPPM Order nr. 27.01.1990, referring to foundations of national parks in Romania and confirmed by Law nr. 5/2000 regarding management of national territory - section III - protected areas - is a protected area of national interest, fitting into category nr. II of IUCN.
Art.2 The main objective of the PNCB - H is: protection and conservation of representative samples for the national biogeographic space, including natural elements of a great value from the point of view of physical geography, flora, fauna, hydrology, geology, paleonthology, speoplogy, pedology, and others.
One has the chance to visit with scientific, educational, relaxing or touristic aims.
Management of PNCB - H will ensure the maintenance of the physico - geographic frame in its natural state, the protection of echosystems, the conservation of genetic resources and of biological diversity in conditions of ecologic stability. It will also ensure the exclusion of any form of natural resource exploitation and the use of lands other than the assigened aims.
Art.3 ( 1 ) Description and map of delimitation of the PNCB - H in conformity with the foundation studies that are at the basis of Law nr. 5/2000 and approved by HG 230/2003 are shown in Annex 1;
(2) the map with interior zoning is shown in Annex 2 of the Regulation.
Art.4 The zoning of the PNCB - H until the Park management plan gets approved ,in conformity with the Ministerial Order 552 / 2003, is as follows:
A. The special conservation zone of PNCB - H - where controlled tourism is allowedalongside with scientific and educative activities , a rational use of pastures for grazing and mowing only by locals and in the conditions established by this Regulation and by the Park Management Plan.
B. The protection zone of the PNCB - H ( the surface external to the special conservation ), in which different activities of management and realization of natural resources are permitted in conformity to the pinciples of durable usage as they are stipulated in the park's Management Plan.
C. Zone with a touristic infrastructure - the Red Lake resort.
Art. 5 The Administration of the PNCB - H ( APNCB - H ) is responsible for the administration of the park and it is within the structure of of the National Direction of Forests - Romsilva, in conformity with the Contract nr.736 / 22.05. 2004. With this aim, the APNCB - H elaborates the management plan through which it achieves the unitary and integrated management of the protected natural area . The APNCB - H follows the application of this plan, organises and develops specific activities and supervises all the activities taking place on the territory of the park, so that it can insure the achievement of the management plan of the park, according to its objectives established by Law 462 / 2001.
Art.6 The elaboration and application activities of the Management Plan of the APNCB - H which are linked to the measures of conservating biodiversity, are coordinated and approved by the Scientific Council of the PNCB - H formed according to the stipulations of Law 462/2001, through the MMGA Order nr 651 / 27. 10. 2004.
Art.7 Participation of of those who are interested in the management of the Park is insured by the Consultative Committee of Administration, which has a consultative role in the planning and application of the activities linked to PNCB - H management. This committee was formed according to the stipulations of Law 462 / 2001, through the MMGA Order nr. 719 / 12. 11. 2004.
CHAPTER II
THE REGULATION OF THE ACTIVITIES IN THE NATIONAL PARK
Silviculture, hunting and fishing activities
Art.8 ( 1 ) On the lands belonging to the forester basis included in the PNCB - H, one can perform only activities included in the forestry settlement plans , keeping the extant regulations with regard to the functional zoning of forests and of the PNCB - H . In the special conservation zones of the park no forest exploitation activities are allowed, and the staff only guards these zones . In the zones outer to these special conservation surfaces one will carry out only activities included in the forestry settlement plans , insuring regeneration. of the forest vegetation lands outer to the national forester basis only those activities will be performed that are included in the forestry and - pastoral settlement plans and in the studies on pasture changes, in agreement with the park management plan.
(2) APNCB - H takes part in the approval of forestry settlement plans and of the short studies of forester basis management, as well as of the studies on changes for the forester vegetation outer to the national forester basis of the park. The Administration does this in order to insure the keeping of the measures stipulated by the park management plan.
(3) In order to monitor the keeping of the forest regime and / or the forest vegetation outer to the forester basis included in the park by the forest owners, the APNCB - H has the right and duty to ask from the forest administrative structures necessary data with regard to the application of the forest management plans , of the short studies and / or of the studies on forested pasture changes.
( 4 )The state and private silvic structures have the duty to ask the participation of APNCB - H to the elaboration of the setting of timber and also to ask the for agreement as regards proposals of derogation from settlement plans on the park territory.
( 5 ) Any temporary removal of any surface from the forester basis within the park is forbidden .An exception to this can only make those objectives declared by law to being of national interest . They must have the approval of the Park's Scientific Council.
( 6 ) Any final removal from the forester basis and any change of usage category of a certain forester surface within the territory of the park is forbidden, regardless of the form of property.
Art.9 ( 1 ) Any game management activity will be organized and developed in conformity with the stipulations of Law nr. 103 / 1996, with the subsequent ammendments.
( 2 ) According to the Ordinance of MAPDR nr. 297 / 2004 it is forbidden for the park surface forester basis administrators to gather of the established gaming quota ( for the hunting funds that partially overlap with the surface of the PNCB - H ).
( 3 ) APNCB - H has the right and duty to monitor the state of those species on the surface of the park that are of a cynegetic interest so that it corresponds to the park management plan objectives.
( 4 ) keeping and breeding captive wild animals on the surface of the park is forbidden, regardless of the nature of this captivity.
Art.10 Fishing activities and preserving any aquatic living beings from Lacu Rosu and the brooks in the special conservation zone are forbidden.
Art.11 Criminal acts in the fields of hunting and fishing can be established and punished by the authorized staff , in conformity with Law 103 / 1996 and its subsequent ammendments and other regulations regarding these activities.
Art.12 ( 1 ) Management of game and of fish basis on the whole surface of the park is performed by the central public authority which , through its specific structures, is in charge of silviculture.
( 2 ) APNCB - H monitors and draws the attention of authorities to any trespass of the Hunt Law.
Art.13. The forester basis administrators have the duty to ask the APNCB - H to take part in the operation of evaluation (of game stock) on the surface of the park.
Grazing
Art.14 Pastoral activity on the surface of the park is done according to the extended essays in the field, including animal capacity to carry according to the capacity of support of mountain pastures , established by sylvo – pastoral settlement plans or by the extended studies initiated by the APNCB - H. The responsibility for a correct exploitation of agricultural lands , of pastures , and hay-fields on the surface of the park is of the owners and their administrators.
Art.15 Mountain pasture usage on the surface of the park is allowed only for those villages who have pastures in the region of the PNCB - H , under the conditions stipulated in the extant Regulation. This is valid until the management plan is elaborated, on the basis of a contract with the legal administrator of the pasture and approved by the APNCB –H.
Art.16 Grazing has the following regulations:
a. grazing of goats is forbidden on all the surface of the park;
b. the number of dogs allowed is established through the grazing contract , in accordance with the number of animals in each flock , within the limits stipulated by extant legislation ( Law nr. 103 / 1996 reedited, and with its subsequent changes ) ;
The dogs must have clogs , according to O.M. 280 / 2001 of M.A.A.P.
For each dog one must show the vaccination paper.
c. passage through the forester basis and passage to the water on the territory of the park is done according to extant regulations , on the basis of a contract made between the administrators and the forest owners, with the approval of APNCB - H;
d. the placing of shepherd shelters and pasturing places must be done only with the approval of the APNCB - H and with the observation of the stipulations of sylvo - pastoral studies.
Art.17 APNCB - H periodically initiates studies to establish the capacity of support of the pastures and it communicates the information to the owners, to make an adequate regulation for grazing.
Art.18 APNCB - H monitors the grazing activity in the park ,in order to be able to establish the impact of this activity on the park flora and fauna and to establish restrictions in the affected zones.
Art.19 APNCB - H has the right to check on the observace of sanitary conditions required by law, as regards animal vaccination.
Scientific Research
Art.20 Scientific research in the PNCB -H will be oriented, as much as this is possible, towards the achievement of the main aim, that of conservation of biodiversity, of geological and geomorphological formation and of landscapes.
Art.21 Scientific research activity on the territory of the PNCB - H is carried out with the approval of the APNCB - H, which logistically supports it, at request, and within the limits of possibilities.
Art.22 On the basis of the results of the research topics carried out in the PNCB - H that have been accepted and approved by the abilitated scientific forums, the APNCB - H proposes the required conservation measures in order to achieve the objectives of the park management plan. These measures are to be approved by the Scientific Council.
Art.23 In the case of research topics that require data / information regarding the PNCB - H that are provided by the APNCB - H. a contract is to be made with those who carry out the activity. The contract should secure the access of the APNCB - H to the results, with the aim of using them in the park management activity. The clauses of the contract are established in mutual agreement between the parties. The right to use the results is established through a contract.
Speologic activity
Art.24 (1)The speologic activity is developed according to extant legal regulations, with the approval of APNCB – H;
( 2 ) Access into the caves on the territory of the PNCB - H can be done with the approval of the PPNCB - H.
Tourism and visitation rules
Art.25 In the PNCB - H there are allowed touristic activities and activities with an ecologic education purpose, with observance of the visitation rules as stated in the extant Regulation.
Art.26 The entrance points to the PNCB - H are: from Neamt district, at the exit from Bicaz - Chei towards Gheorgheni, on DN 12 C: from Damuc village through the village Trei Fantani; from Harghita district , the town of Gheorgheni, towards the Lacu Rosu resort on DN 12 C and the town of Balan from the direction of the village Sandominic on DN 12.
Art.27 ( 1 ) Visitation of the PNCB - H is allowed only on the touristic routes marked with conventional signs (painted markings , with bands, triangles , crosses or differently coloured points , according to the type of route, and framed in white ). These routes have to be established as being accessible in the yearly approved list of the higher authority, and the approval of the APNCB - H. will also be needed.
( 2 ) Deviation from the routes mentioned at point ( 1 ) is allowed for:
a. patrols of people authorized by the APNCB - H , with delegations given by the APNCB – H;
b. members of the Salvamont public services for rescue actions, patrols or training;
c. forester staff in the exercise of job attributions;
d. owners and administrators of lands within the surface of the park or their hired staff , in traditional activities connected to the durable usage of resources;
e. researchers in the topics approved by the APNCB – H;
f . volunteers hired by the APNCB – H;
g. competitions, actions, organized camps, when through the program of the respective action one has requested and motivated the deviation from the initial route. This has to be approved by the APNCB – H.
Art.28 The maintenance of touristic marks , the opening of new routes, the closing down of extant routes ,the setting of indicators and information boards within the area of the park can be done only with the approval of the APNCB – H.
Art.29 Camping on the territory of the PNCB - H is regulated as follows:
a. camping on the park territory is allowed only in marked places , delimited especially for this aim;
b. ditch digging around the tents or use of any material of a vegetal origin ( juniper, fern, moss ) under the tents is forbidden;
c. camping in places outside the marked zones can be done only in the following instances:
- for research work, with the approval of the APNCB - H ;
-for the volunteers working on the park's territory in the situation in which the tasks to be fulfilled impose it;
d. camping to a distance lesser than 50 meters from the Red Lake is forbidden.
Art.30 Lighting the fire on the surface of the PNCB - H is regulated as follows:
a. campfires are allowed only in hearths especially created for this purpose and only in the camping places established by the APNCB – H;
b. lighting and use of the fire is allowed only in the hearths created on purpose by the APNCB – H;
c. In the outer areas of Lacu Rosu resort ,lighting the fire and using it in fixed or mobile hearths at a distance lesser than 50 meters from the Red Lake is forbidden. Norms of fire prevention and extinction will be observed;
d. cutting and collecting wooden vegetation of any sort for lighting the fire or for any other purpose, is forbidden.
Art.31 The regime of wastage on the surface of the park is regulated as follows:
a. abandoning wastage of any type on the surface of the park, is forbidden. Tourists have the duty to evacuate the wastage they have created during their visit of the park. Wastage will be deposited only in specially arranged gathering places or it will be removed outside the park;
b. owners and administrators ( of pensions, restaurants, hotels, rest homes, kiosks, stands ) or other owners of trading or catering units, have the duty to temporarily deposit the wastage in conditions of hygiene. They are responsible for the adequate evacuation of their own wastage, with the strict observance of the environment legislation;
c. The Municipal Council of Gheorgheni is responsible for the evacuation of wastage from Lacu Rosu resort, once a week at least.
Art.32 Destruction, degradation ,collecting and marketing of any species of law - protected flora and fauna on the surface of the park( regardless of their origin ) is forbidden.
Art.33( 1 ) Gathering of berries, mushrooms, plants, animals, rocks, fossils and any other samples of whatever kind from the special conservation zone is forbidden, irrespective of the purpose of the gathering;
( 2 )Gathering of berries, mushrooms and herbs from the protection zone of the park is permitted only to those physical and legal entities who own lands within the park, or to local communities with the approval of the park administration and in the condition of observing the extant regulations.
Art.34 Dog's access in the PNCB - H is allowed only if the dogs are permanently kept on a leash . In their actions, the Salvamont team and guard patrols can use utilitarian dogs.
Art.35 Disturbance of silence in the outer areas zones of the park by whatever means ( shouts, crackers, audio equipment ) in the camping places or around the chalets is forbidden.
Art.36 Destruction or damage caused to the informative panels and trafficators and markings on the surface of the park are strictly forbidden.
Art.37 Degradation of any building, enclosure, barrier or any other fitting out is strictly forbidden.
Art.38 Usage of boats on Lacu Rosu is allowed on the basis of special regulations approved by the APNCB - H.
Art.39 ( 1 ) Bathing, car washing and use of domestic chemicals for washing in the running waters or in Lacu Rosu are strictly forbidden;
2 ) Use of detergents and any chemicals on the surface of the PNCB - H in outer areas are forbidden.
Art.40 Photo taking or shots done for commercial aims in the PNCB - H is permitted only with the approval of the APNCB - H after fees have been established and an agreement has been signed.
Art.41 Practice of motocross and of other sports based on engines that use fossil - based fuel is forbidden. It is also forbidden to use these vehicles outside the public roads of the PNCB – H.
Art.42 Practice of mountain biking is allowed only on the routes established and signalled adequately by the APNCB – H.
Art.43 Access in the PNCB - H with motorized means on the forester roads is regulated by trafficators and barriers.
Art.44 Practice of equestrian tourism in the PNCB - H will be done only on the established routes which are adequately marked by the APNCB - H , and on the basis of a contract.
Art.45 Visitation of the PNCB - H can only be made after the payment of a fee proposed yearly by the APNCB - H and approved by the MMGA.
Art.46 The trips organized in the PNCB - H by legal entities can be made only in the presence of guides authorized by the National Authority for Tourism and abilitated by the APNCB - H, with a previous notification of the administration and the payment of the park visitation fee.
Art.47 APNCB - H monitors the touristic activity on the surface of the PNCB - H in order to establish the impact of this activity on the flora and fauna of the park and also to establish the required protection measures including restriction on tourist access, if this becomes necessary for the sake of conservation.
Commercial activities
Art.48 Practice of any commercial activity on the outer areas surface of the PNCB - H is forbidden.
Mountaineering activities
Art.49 Mountaineering activities on the surface of the PNCB - H are regulated as follows:
a. mountaineering in the PNCB - H will be performed only on the homologated routes;
b. the responsability for the mountaineering actions on the specific homologated routes of the park is of the organizers of these activities.
The Salvamont team service
Art.50 On the teritory of the PNCB - H there function Salvamont teams that assure permanence in well - established points, patrol on the tourist routes and intervene in case of accidents of tourists in the Hasmas massif.
Art.51 The Salvamont permanence point of the PNCB - H is established in the Lacu Rosu resort.
Art.52 The members of the Salvamont team cooperate with the APNCB - H in the guard actions and coordination of volunteers for the different activities organized on the Park's territory.
Art.53 APNCB - H logistically supports the Salvamont teams, within the limits of its means and in cases of major accidents.
Art.54 ( 1 ) All competitions, group manifestations or courses that involve field access in the park zone, as well as the camping activities are organized only with the approval of the APNCB - H and that of the Salvamont public services;
( 2 ) Mountaineering and guide courses on the PNCB - H territory are permitted only with the approval of APNCB - H and that of the Salvamont public services, if they are organized and led by instructors authorized by the Romanian Mountaineering federation - Escalade for mountaineering, or by the abilitated institution for guides.
Constructions
Art.55 In the PNCB - H there exist the following buildings: in the special conservation zone Hunting Chalet of the Tulghes Forest District ( U.P. VIII, u.a. 94 ), the Cupas Forest Range – The Tulghes Forest District , ( U.P. VII u.a. 163 ) the Bicaz Gorges Forest Range ( U.P. VI, U.a. Ad ), the Touristic Chalet " The Lonely Stone", the outer areas of Sandominic and the Information Point building of the Park Administration in Lacu Rosu.
Art.56 The erection of any new building outside the inner area zones - including the buildings of scientific aims or the shelters necessary for park administration and management, is permitted only with the approval of the Scientific Council of the PNCB - H and of the Romanian Academy.
Art.57 Any building erection to a distance lesser that 50 meters from the banks of Lacu Rosu is forbidden.
Art.58 Chalet / tourist shelter building or the achievement of any other investment either in the PNCB - H or in its immediate neighbourhood, and in the Lacu Rosu resort will be done only after a study on the environment impact has been done, according to extant regulations , with a special stress on the impact on the Park.
Art.59 Any alteration of the General Urban Plan of the Lacu Rosu resort will be accompanied by a study of impact and by the approval of APNCB - H and of the Romanian Academy.
Finanacing of activities
Art.60 The financing of the activities of the PNCB - H can be ensured by funds coming from:
a. the state or local authorities' budget;
b. the National Administration of Forests;
c. own activities and tax system of the PNCB – H;
d. projects made by the APNCB - H or in cooperation with other organisations / institutions and financed through local , national or international programs;
e. subventions, donations, sponsorships, contributions.
CHAPTER III
FINAL DISPOSITIONS
Art.61 Any study that plans activities of natural resource exploitation on the surface of the PNCB - H - silvic activities ( Forest management plans and other short studies ) , agricultural, zootechnical, touristic, cynegetic, geologic, any project that plans construction activities of whatever kind, sport events, has to be approved by the APNCB - H .
Approval is a must needs so that the park administration can check if the activities planned by the above mentioned studies or projects can be included in the stipulations of the Management Plan of the PNCB – H.
Art.62 This regulation takes effect once it has been approved by the Ministry of Medium and Water Management.
Art.63 This Regulation can be altered by the central public authority for environment protection , having the approval of the Romanian Academy , at the proposal of the APNCB , following the approval of the Scientific Council.
Art.64 The public will be notified about the Regulation, as well. as the quantum of fines established by a Decision of the County Council at all the access and control points mentioned at Art. 26.
Art.65 In extreme situations - fires, calamities, infection focal points - the abilitated institutions intervene according to the legal orders, with the obligativity to notify the APNCB - H . The APNCB - H will actively take part in the actions of alert and mobilization in order to prevent and eliminate the effect of such events.
Art.66 The decisions of the present Regulation are applied by the APNCB - H -by the authorized people of Environment Protection Agencies from Miercurea - Ciuc and Piatra Neamt, of I.T.R.S.C of the Environment Guard, of the City Councils of Gheorgheni and Bicaz , Scientific Council members and people authorized by the APNCB - H on the basis of a certificate given by this administration.