How the law protects endangered species
Wild nature under threat of extinction is protected by Georgian legislation on three levels: it prescribes general licensing of removal from the environment, registration in the Red List and the Red Book, and the spatial protection associated with protected areas. Specifically, for the self-reproduction of wild plant and animal resources and the maintenance of biodiversity, their removal from the environment is strictly limited and subject to licensing — the only exception being the granting of the right to prepare timber as a result of an auction conducted by the forest management body under the Forest Code.
Along with licensing, the law establishes a general prohibition: any action that may harm the world of wild plants and animals, their habitats, breeding areas and migration routes is forbidden. This norm reaches beyond the licensing framework: even against the background of lawful activity, damaging a habitat is itself a prohibited act. The rules of protection and use of wild flora and fauna are established by Georgian legislation.
The Red List and the Red Book
Wild animals and wild plants under threat of extinction are registered in the Red List and the Red Book of Georgia. These two registries are the state's fundamental instrument: entry into them means that the species is objectively recognized as endangered and that every issue of its use must be resolved with appropriate care. The procedure for compiling the Red List and the Red Book is determined by Georgian legislation.
Categories of protected areas
The spatial protection network is created by protected areas. Under the law the categories of protected areas are: a state nature reserve, a national park, a natural monument, a managed reserve, a protected landscape and a multiple use area. Each category has its own protection regime — some strictly exclude any use, others rely on a zoned approach, although under the basis of this page the detailed zoning rules are regulated by separate legislation.
An international dimension is also provided: Georgia admits the existence of categories included in international networks of protected areas — a biosphere reserve, a world heritage site and a wetland of international importance. A biosphere reserve is built on the international concept of combining conservation and sustainable use, a world heritage site signifies recognition of outstanding universal value, and a wetland of international importance serves the global protection of water ecosystems — each of them protected by additional international obligations. Thus the protection of endangered species takes place in parallel at the national and international levels.
The categories of protected areas differ from one another in the permitted intensity of use: a state nature reserve is the territory with the strictest regime and serves the preservation of its natural complexes; a national park combines protection with space intended for visitors; a natural monument designates an individual natural formation; a managed reserve is created for the protection of particular resources; a protected landscape reconciles nature protection with traditional land use; and a multiple use area is built on the balance of protection and economic interests. The international categories — a biosphere reserve, a world heritage site and a wetland of international importance — add a layer of international recognition to this national framework.
The licensing exception is also noteworthy: the right to prepare timber is obtained through an auction of the forest management body provided for by the Forest Code, and in that case the licence established by the environmental law is no longer required. This means that the institutional separation is clear as well: the general licensable regime falls under environmental legislation, while the specific part of the forest resource uses its own instrument under forestry legislation. For the seeker this yields the first question too: which institution to approach at all.
Who creates protected areas
Protected areas are created by decision of the Parliament of Georgia. This is a decision of constitutional significance: the protection regime of a territory is established neither by ministerial order nor by an act of a local body — it is a decision of the highest representative body of the state. The creation of a protected area and the change of its category are therefore a legally stable status.
What this means for the protection of species
All three instruments together create a complete system of protection. Licensing controls removal from the environment; the Red List and the Red Book record which species are endangered; and protected areas provide the space where habitats, breeding areas and migration routes are protected in their entirety. When planning an activity — be it construction, agriculture or tourism — it is important to consider all three layers: whether a licence is required, whether the territory affects a species entered in the Red List, and whether it is located within a protected area.
Frequently Asked Questions
These questions arise most frequently on endangered species.
Where are these species registered?
In the Red List and the Red Book of Georgia; the procedure for compiling them is determined by legislation.
May they be removed from the environment?
Strictly limited and subject to licensing; any action that may harm habitats, breeding areas and migration routes is prohibited.
Which categories of protected areas exist?
State reserve, national park, natural monument, managed reserve, protected landscape and multiple-use area; they are created by decision of Parliament.
How We Help on Legal.ge
A project touching Red-List species requires simultaneous analysis of licenses, restrictions and the regime of protected areas. The lawyers of Legal.ge will assess your case and assist in obtaining the permit. Submit a request on the site.