Federal Law 166 FZ on Fishing. Law on Fishing and Conservation of Aquatic Biological Resources
Federal Law of December 20, 2004 N 166-FZ
"On fishing and water conservation biological resources"
(as amended on December 31, 2005, June 3, December 18, 29, 2006, April 20, December 6, 2007)
Chapter 1. General Provisions
Article 1. Basic concepts
The following basic concepts are used in this Federal Law:
Republic of the Philippines Department agriculture and natural resources... To achieve its goals, the Commission carries out the following main activities. These activities should be performed at the headquarters or regional offices, or both, to some extent, as may be practicable in the circumstances. It includes control during the import and export of fish and various commercial products.
To implement these core activities efficiently and economically, the following additional core activities must be performed. For the purposes of this regulation, senior management consists of the Office of the Commissioner, the offices of the two Deputy Commissioners and the Advisory Committee on Fisheries and Related Matters. The middle management consists of department heads and regional directors.
2) anadromous fish - species of fish that reproduce in fresh water water bodies in Russian Federation, which then migrate to the sea for feeding and return for spawning to their places of reproduction;
3) catadromous fish - species of fish that reproduce in the sea and spend most of their life cycle in the internal waters of the Russian Federation and in the territorial sea of \u200b\u200bthe Russian Federation;
Personnel work may be performed at the headquarters or regional offices, or both, to some extent, as may be practicable in the circumstances. They may be provided at the headquarters or regional offices, or both to some extent, as may be practicable in the circumstances.
To carry out all these main activities, an organizational structure is created, consisting of the following. Office of the Fisheries Commissioner. Office of the Deputy Commissioner for Research and Technology. Office of the Deputy Commissioner for Fisheries Services, Information and Regulations. Advisory Committee on Fisheries and Related Matters.
4) transboundary fish and other aquatic animals - species of fish and other aquatic animals that reproduce and spend most of their life cycle in the exclusive economic zone of the Russian Federation and can temporarily migrate outside such a zone and into the open sea area adjacent to such a zone;
5) transzonal species of fish and other aquatic animals - species of fish and other aquatic animals living in the exclusive economic zone of the Russian Federation and in the adjacent exclusive economic zones of foreign states;
Chairperson - Commissioner for Fisheries - Deputy Commissioner for Research and Technology. Deputy Commissioner for Fisheries Services, Information and Regulations. One of the private sector is engaged in fish culture. One of the private sector is engaged in fish processing. One of the private sector involved in related industries.
Administrative staff and support services. Department of administrative services. Research and technology in the field of fisheries and fish farming. Department of utilization of fish and seafood. Technological service department. Demonstration department of deep sea fishing.
6) highly migratory fish and other aquatic animals - species of fish and other aquatic animals that spend most of their life cycle on the high seas and can temporarily migrate to the exclusive economic zone of the Russian Federation;
7) preservation aquatic biological resources - maintenance of aquatic biological resources or their restoration to levels at which the maximum sustainable extraction (catch) of aquatic biological resources and their biological diversity can be ensured through the implementation, based on scientific data, of measures for the study, protection, reproduction, rational use of aquatic biological resources and the protection of their environment habitat;
Fisheries Information Department. Protection and regulatory authorities. Department of licenses for fishing and other types of fish products. In order to outline and describe the functions, duties and responsibilities of each structural component, to determine the responsibility for the performance of each function and to prevent unnecessary duplication of functions, the following functions, duties and responsibilities are hereby assigned. Management, functions, duties and responsibilities.
Administrative personnel and support functions, duties and responsibilities. Prepare forms, orders and circulars containing instructions for preparing and controlling the budget. Consolidate budget requests for the Commission and develop a budget that reflects its needs and requirements. Collect, compile and prepare supporting statements, facts, data and statistics to justify the budget requested by the Commissioner. Review and analyze appropriation reports and spending trends. Perform other functions that may be appointed by the head of the Department.
8) extraction (catch) of aquatic biological resources - withdrawal of aquatic biological resources from their habitat;
9) fishing - activities for the extraction (catch) of aquatic biological resources, as well as for their processing, transportation and storage;
10) industrial fishing (hereinafter also referred to as fishing) - entrepreneurial activity for the extraction (catch) of aquatic biological resources using special means for the acceptance, processing, reloading, transportation and storage of catches and products of processing of aquatic biological resources;
Prepare wages and pay salaries to the officers and employees of the Commission. Handle basic books and all specialty magazines. Prepare trial balances, financial statements, and reports that differ from those prepared in other sections. Monitor the allocation and appropriations of the Commission. Prepare log vouchers for transactions that cannot be written to any of the special logs.
Draw and index treasury orders or receipts for joint projects. Prepare a payout match. Prepare reports on the balance sheets of subsidiary banks. Order maintenance is recorded and orders are delivered to authorized persons. Observe the file and records of the Department.
See text paragraph 11 of Article 1
12) total allowable catch of aquatic biological resources - scientifically substantiated value of the annual harvest (catch) of aquatic biological resources of a specific type in certain areas, established taking into account the characteristics of this type;
13) quota of extraction (catch) of aquatic biological resources - part of the total allowable catch of aquatic biological resources, determined for the purpose of fishing;
Initiate and maintain a personnel program in accordance with the civil service and other personnel laws, rules and regulations, which include on-the-job training of personnel, analysis of positions and qualifications of prospective and current personnel, setting standards and processing documents related to recruitment, appointment, transfers, reassignment and others. Maintain and maintain current vegetation and records of Commission personnel. Review and recommend proper use of personnel.
14) share of the quota of extraction (catch) of aquatic biological resources - part of the quota for the extraction (catch) of aquatic biological resources, assigned to persons who have the right to procure (catch) aquatic biological resources classified as fishing objects, and expressed as a percentage;
See text paragraph 15 of Article 1
16) recreational and sport fishing - activities for the extraction (catch) of aquatic biological resources for personal consumption and for recreational purposes;
Promote employee welfare and morale and help develop and improve the efficiency and morale of staff by providing relevant information and advice on staffing needs and concerns. Inform employees about the rules and regulations of the civil service and explain the rationale behind the various actions of the personnel. Investigate employees? violations, study of administrative cases, preparation and submission of reports and recommendations on such cases.
Interact with government bodies involved in personnel activities. Initiate and maintain an extensive staff training program covering all levels of supervision and reporting. Provide facilitation of office services such as cleaning, breeding, messengers and security services. Maintain the Commission's vehicle fleet. Maintenance, repair and repair of land plots, buildings, furniture, equipment and other objects of the Commission.
17) fish farming - growing fish, other aquatic animals and plants;
18) industrial fish farming (aquaculture) - business activities for the cultivation of fish, other aquatic animals and plants;
19) permission to procure (catch) aquatic biological resources - a document certifying the right to procure (catch) aquatic biological resources classified as fishing objects.
Take responsibility for the property, equipment and supplies of the Commission. Provide supplies and equipment, and distribute, store or store the same. Record and record purchased, distributed and stored materials and equipment. Make periodic inventories of the property, equipment and materials of the Commission, unless otherwise provided by another official or unit. Conduct research and formulate and recommend measures for the most efficient use and maintenance of property, supplies and equipment and other facilities of the Commission.
See comments on article 1 of this Federal law
Article 2. Basic principles of legislation on fishing and conservation of aquatic biological resources
1. Legislation on fishing and conservation of aquatic biological resources is based on the following principles:
1) taking into account the importance of aquatic biological resources as the basis of human life and activities, according to which the regulation of relations in the field of fishing and the preservation of aquatic biological resources is carried out on the basis of ideas about them as natural site, protected as an essential component of nature, a natural resource used by humans for consumption, as the basis for economic and other activities, and at the same time as an object of property rights and other rights to aquatic biological resources;
Advise the Commission on the reasonableness of the property price or details. Perform records management operations with the exception of personnel records. Sorting, sending and receiving correspondence and letters and keeping records for such purposes. Roles, duties and responsibilities of technical personnel.
Research and technology in fisheries and fish distribution. Estuarine Fisheries Department. Ensure that these brackish fisheries, research and dissemination strategies, programs and procedures are properly implemented. Maintain a central estuarine research laboratory and training center for brackish methodology. Conduct in-house research and fish estuary whenever practicable due to economy, technical difficulties, urgency, limited resources, etc. identify dissemination agencies with the results of their findings, which can be useful to those involved in estuary fisheries, industries and provide technical assistance as needed.
2) the priority of the conservation of aquatic biological resources and their rational use over the use of aquatic biological resources as an object of ownership and other rights, according to which the ownership, use and disposal of aquatic biological resources are freely exercised by the owners, if this does not harm the environment and the state of aquatic biological resources;
Perform other functions as may be appointed by the Deputy Commissioner for Research and Technology. Formulate development plans for creating estuarine fisheries projects. Explore the potential of frying sites as sources of fish seedlings for storage purposes. Provide technical guidance for fisheries development and bays and lagoons management. Assign all other responsibilities of the Division related to brackish water culture. Experiment with methods for producing bangus under controlled conditions.
3) the priority of preserving especially valuable types of aquatic biological resources, according to which the extraction (catch) of especially valuable types of aquatic biological resources is limited or prohibited in accordance with the procedure established by federal laws;
4) the establishment of a differentiated legal regime of aquatic biological resources classified as fishing objects, according to which, when determining the legal regime of these aquatic biological resources, their biological characteristics, economic significance, availability for use and other factors must be taken into account;
Recommend and take responsibility for the establishment of Bangus laboratories and their initial activities. Observe and research environmental factors affecting the spawning habits of bangus on the high seas. intravenously. Distribute all responsibilities of the Division regarding the distribution of bangus. Initiate the promotion of an extensive culture of oysters, snails, shellfish and other molluscs. Recommend and take responsibility for the establishment of shellfish demonstration farms as sources of suitable growing shellfish for distribution, including their initial operations.
5) participation of citizens, public associations, unions of legal entities (associations and unions) in resolving issues related to fishing and the conservation of aquatic biological resources, according to which citizens, public associations, associations of legal entities (associations and unions) have the right to participate in the preparation of decisions, the implementation of which may have an impact on the state of aquatic biological resources, and state authorities, local governments, economic and other entities are obliged to ensure the possibility of such participation in the manner and in the forms established by legislation;
Distribute all other responsibilities of the Division in relation to the spread of molluscs and crustaceans. Maintaining a central freshwater fisheries research laboratory and training center. Formulate extension units with the findings of your findings that can be useful to individuals in the freshwater fishing industry and provide technical assistance to local offices and the general public. The development of programs and the provision of research or development activities of the Commission is necessary to fulfill international obligations on freshwater fisheries and resources.
6) taking into account the interests of the population, for whom fishing is the basis of existence, including the indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation, according to which they should be provided with access to aquatic biological resources classified as fishing objects to ensure the life of the population;
Ensure that these freshwater fisheries research and development strategies, programs and procedures are properly implemented. Initiate the promotion of the development of freshwater fish culture. Recommend and take responsibility for the establishment of freshwater demonstration fish farms, hatcheries and hatcheries, including the breeding of exotic species and their initial operations. Facilitate the transplantation of indigenous and suitable exotic species to help maximize fish production.
Conduct your own research on the cultivation and breeding methods of various fish species suitable for freshwater fish culture, whenever feasible due to economy, technical difficulties, urgency, limited resources, etc. allocate all other responsibilities of the department in relation to freshwater resources fish culture.
7) the provision for use of aquatic biological resources classified as fishing objects, publicly and openly, according to which information on such provision, including the distribution of quotas for the extraction (catch) of aquatic biological resources between persons who have the right to procure (catch) these aquatic bioresources, publicly available;
See text paragraph 8 of Article 2
9) payment for the use of aquatic biological resources classified as fishing objects, according to which any use of these aquatic biological resources is carried out for a fee, except for cases stipulated by federal laws.
2. Other federal laws may establish other principles of legislation on fishing and conservation of aquatic biological resources that do not contradict the principles established by this Federal Law.
See comments to Article 2 of this Federal Law
Article 3. Legislation on fishing and conservation of aquatic biological resources
1. Legislation on fishing and conservation of aquatic biological resources consists of this Federal Law, other federal laws and laws of the constituent entities of the Russian Federation.
2. Relations in the field of fishing and conservation of aquatic biological resources may also be regulated by decrees of the President of the Russian Federation.
3. The Government of the Russian Federation adopts decrees regulating relations in the field of fishing and the conservation of aquatic biological resources, within the powers determined by this Federal Law, other federal laws, as well as by regulatory decrees of the President of the Russian Federation.
4. Federal executive bodies may issue normative legal acts regulating relations in the field of fishing and conservation of aquatic biological resources in cases and within the limits provided for by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.
5. On the basis of and in pursuance of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as the laws of the constituent entities of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation, within the limits of their powers, may issue regulatory legal acts regulating relations in the field of fishing and conservation of aquatic biological resources.
6. On the basis of and in pursuance of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation, local government bodies, within the limits of their powers, may issue regulatory legal acts regulating relations in the field fishing and conservation of aquatic biological resources.
See comments to Article 3 of this Federal Law
Article 4. International treaties of the Russian Federation in the field of fishing and conservation of aquatic biological resources
If international treaties of the Russian Federation in the field of fishing and conservation of aquatic biological resources establish rules other than those provided for by legislation on fishing and conservation of aquatic biological resources, the rules of these international treaties shall apply.
See comments to Article 4 of this Federal Law
Article 5. Relationships governed by legislation on aquatic biological resources
1. Legislation on fishing and conservation of aquatic biological resources regulates relations arising in the field of fishing and conservation of aquatic biological resources.
2. Contractual obligations and other relations related to the circulation of aquatic biological resources classified as fishing objects are regulated by civil legislation, unless otherwise provided by this Federal Law.
See comments to Article 5 of this Federal Law
Article 6. Scope of legislation on fishing and conservation of aquatic biological resources
The legislation on fishing and the conservation of aquatic biological resources applies to:
1) the internal waters of the Russian Federation, including the internal sea waters of the Russian Federation, as well as on the territorial sea of \u200b\u200bthe Russian Federation, the continental shelf of the Russian Federation and the exclusive economic zone of the Russian Federation;
2) ships located in the open water space outside the Russian Federation, sailing under the State flag of the Russian Federation and assigned to the ports of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation;
3) the land territory of the Russian Federation, which is used for fishing and conservation of aquatic biological resources.
See comments to Article 6 of this Federal Law
Article 7. Participants of relations in the field of fishing and conservation of aquatic biological resources
1. Participants in relations in the field of fishing and conservation of aquatic biological resources are the Russian Federation, constituent entities of the Russian Federation, municipalities, citizens and legal entities.
2. On behalf of the Russian Federation, the constituent entities of the Russian Federation and municipal formations, the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, and local self-government bodies, respectively, shall participate in relations in the field of fishing and the conservation of aquatic biological resources, within their competence established by regulatory legal acts, determining the status of these bodies.
See comments to Article 7 of this Federal Law
Article 8. Abolished from January 1, 2008.
See text Article 9
Chapter 2. Rights to aquatic biological resources
Article 10. Ownership of aquatic biological resources
1. Aquatic biological resources are in federal ownership, except as otherwise provided part 2 of this article.
2. Aquatic biological resourcesliving in ponds, watered quarries, may be in federal ownership, property of the constituent entities of the Russian Federation, municipal and private property.
3. Legal entities and citizens who carry out fishing in the manner prescribed by this Federal Law acquire the right of ownership to the extracted (caught) aquatic biological resources in accordance with civil legislation.
See comments to Article 10 of this Federal Law
Article 11. The right to procure (catch) aquatic biological resources classified as fishing objects
The right to procure (catch) aquatic biological resources classified as fishing objects arises on the grounds provided for by this Federal Law.
See comments to Article 11 of this Federal Law
Article 12. Restrictions on the right to procure (catch) aquatic biological resources classified as fishery objects
The right to procure (catch) aquatic biological resources classified as fishing objects may be limited in accordance with federal laws and international treaties of the Russian Federation.
See comments to Article 12 of this Federal Law
Article 13. Termination of the right to procure (catch) aquatic biological resources classified as fishing objects
1. The right to procure (catch) aquatic biological resources classified as fishing objects shall be terminated:
1) upon expiration of the validity period of the right to procure (catch) aquatic biological resources classified as fishing objects;
2) by agreement between the person to whom the aquatic biological resources, classified as fishing objects, are provided for use, and the authorized state authority;
3) in case of refusal of the person to whom the aquatic biological resources, referred to as fishing objects, were provided for use, from the right to procure (catch) the specified aquatic biological resources;
4) upon liquidation of a legal entity or in connection with the death of a citizen, to whom aquatic biological resources classified as fishing objects were provided for use;
5) in other cases provided for by the Civil Code of the Russian Federation and other federal laws.
2. Compulsory termination of the right to procure (catch) aquatic biological resources classified as fishing objects shall be carried out in cases where:
1) there is a need to use water bodies for state needs;
2) the extraction (catch) of aquatic biological resources classified as fishing objects is carried out for two consecutive years in the amount of less than fifty percent of industrial quotas and coastal quotas;
3) a person who has the right to procure (catch) aquatic biological resources classified as fishing objects has violated the fishing rules twice or more during a calendar year, as a result of which major damage to aquatic biological resources was caused, calculated in accordance with article 53
3. Compulsory termination of the right to procure (catch) aquatic biological resources classified as fishing objects shall be carried out by decision of the authorized federal executive body.
4. The decision on the compulsory termination of the right to procure (catch) aquatic biological resources classified as fishing objects may be appealed against in judicial procedure.
See comments to Article 13 of this Federal Law
Article 14. Methods of protecting the right to procure (catch) aquatic biological resources classified as fishery objects
Ways to protect the right to harvest (catch) aquatic biological resources, classified as fishing objects, are determined in accordance with civil legislation.
See comments to Article 14 of this Federal Law
Article 14.1... Protection of competition in the field of fishing and conservation of aquatic biological resources
1. Monopolistic activities and unfair competition in the field of fishing and conservation of aquatic biological resources are not allowed.
2. Federal executive bodies, state authorities of the constituent entities of the Russian Federation, local self-government bodies, as well as organizations performing the functions of these bodies are prohibited from adopting acts and (or) taking actions (inaction), concluding agreements or carrying out concerted actions in the field of fishing and water conservation. biological resources that lead or may lead to the prevention, restriction or elimination of competition, including by creating more favorable conditions for the activities of some individuals, legal entities in comparison with others individuals, legal entities.
3. State control over the economic concentration in the field of fishing and conservation of aquatic biological resources is carried out in accordance with the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition".
Chapter 3. Fishing
Article 15. Fishing objects
1. The list of types of aquatic biological resources classified as fishing objects shall be approved by the authorized federal executive body.
According to the decree of the Government of the Russian Federation of July 28, 2008 N 577, the Federal Agency for Fisheries develops a list of types of aquatic biological resources classified as fishing objects, and approves it after agreement with the Ministry of Natural Resources and Ecology of the Russian Federation
2. The procedure for agreeing on the part 1 of this article of the list is determined by the Government of the Russian Federation.
See comments to Article 15 of this Federal Law
Article 16. Fishing types
1. Citizens and legal entities can carry out the following types of fishing:
1) industrial fishing, including coastal fishing;
2) fishing for research and control purposes;
3) fishing for educational and cultural and educational purposes;
4) fishing for fish farming, reproduction and acclimatization of aquatic biological resources;
5) recreational and sport fishing;
6) fishing in order to ensure the conduct of a traditional way of life and the implementation of traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation.
2. Aquatic biological resources can be used for the implementation of one or several types of fishing, provided part 1 of this article, unless otherwise provided by federal laws.
3. Fishing, which is an entrepreneurial activity, is carried out by persons registered in the Russian Federation in accordance with Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs".
Part 4 of Article 16 of this Federal Law shall enter into force on January 1, 2009.
4. Fishing, which is an entrepreneurial activity, is prohibited to be carried out by foreign persons and persons specified in part 3 of this article to persons from ships owned by foreign persons, unless otherwise provided by this Federal Law and other federal laws.
5. Fishing is carried out in relation to aquatic biological resources, the total allowable catch of which is established, or in relation to aquatic biological resources, the total allowable catch of which is not established.
6. The volume of harvest (catch) of aquatic biological resources, the total allowable catch of which is not established, is determined at the request of the person who has the right to procure (catch) aquatic biological resources.
See comments to Article 16 of this Federal Law
Article 17. Fisheries basins and water bodies fishery
1. Fishery basins include seas and lakes with basins of rivers flowing into them, as well as other water bodies of fishery importance.
2. The following fishery basins are established:
1) Azov-Black Sea;
2) Baikal;
3) Volga-Caspian;
4) East Siberian;
5) Far East;
6) West Siberian;
7) Western;
8) North.
3. Water bodies of fishery importance include water bodies that are used or can be used for the extraction (catch) of aquatic biological resources classified as fishing objects.
4. The categories of water bodies of fishery significance and the peculiarities of the extraction (catch) of aquatic biological resources inhabiting them and classified as fishing objects shall be established by the authorized federal executive body.
See comments to Article 17 of this Federal Law
Article 18. Fishing areas
1. A fishery site consists of the water area of \u200b\u200ba water body of fishery significance or part of it.
2. A fishing area is formed within certain boundaries for the implementation of industrial fishing, industrial fish farming, fishing in order to ensure the conduct of a traditional way of life and the implementation of traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, as well as for the organization of amateur and sport fishing. The boundaries of the fishing area are determined in the manner established by the authorized federal executive body.
3. The fishing area may be used for one or more of the specified purposes.
4. The list of fishing grounds, including the waters of the internal waters of the Russian Federation, including the internal sea waters of the Russian Federation, and the territorial sea of \u200b\u200bthe Russian Federation, is approved by the executive authority of the constituent entity of the Russian Federation in agreement with the authorized federal executive authority.
5. The use of the fishing area is carried out in accordance with the legislation on aquatic biological resources and water legislation.
6. The use of land for fishing purposes is carried out in accordance with water legislation and land legislation.
See comments to Article 18 of this Federal Law
Article 19. Industrial fishing
1. Commercial fishing, including coastal fishing, is carried out by legal entities and individual entrepreneurs in accordance with parts 3 and 4 article 16 of this Federal Law with or without the use of ships. For the implementation of industrial fishing, vessels are used that have been granted the right to sail under the State flag of the Russian Federation and are equipped technical means control, providing constant automatic transmission of information about the position of the vessel, and other technical means of control. Technical control devices are mandatory installed on self-propelled fishing vessels with a main engine with a capacity of more than fifty-five kilowatts and a gross tonnage of more than eighty tons.
2. The procedure for equipping ships with technical means of control and their types shall be established by the authorized federal executive body.
3. For the implementation of commercial fishing in relation to the types of aquatic biological resources, the total allowable catch of which is established, these aquatic biological resources are provided for use on the basis of agreements provided for article 33.1 of this Federal Law.
3.1. For the implementation of commercial fishing in relation to the types of aquatic biological resources, the total allowable catch of which is not established, these aquatic biological resources are provided for use on the basis of decisions of state authorities or agreements provided for Articles 33.3 and 33.4 of this Federal Law.
Part 3.2 of Article 19 of this Federal Law shall enter into force on January 1, 2009.
3.2. Aquatic biological resources obtained (caught) in the implementation of commercial fishing in the internal sea waters of the Russian Federation, in the territorial sea of \u200b\u200bthe Russian Federation, on the continental shelf of the Russian Federation, in the exclusive economic zone of the Russian Federation, and the products of their processing are subject to delivery to the customs territory of the Russian Federation. Aquatic biological resources obtained (caught) in other areas determined by the Government of the Russian Federation and their processed products are subject to delivery to the territory established by the Government of the Russian Federation.
3.3. The procedure for import into the customs territory of the Russian Federation and export from the customs territory of the Russian Federation of the extracted (caught) aquatic biological resources specified in part 3.2 of this article is established by the Government of the Russian Federation.
3.4. Persons engaged in commercial fishing and who have fulfilled their obligations stipulated by the agreements, on the basis of which the right to procure (catch) aquatic biological resources classified as fishing objects arises, and permits for the extraction (catch) of aquatic biological resources classified as fishing objects, have a preferential right to providing such persons with aquatic biological resources classified as fishing objects for use for a new period.
3.5. The sale of aquatic biological resources and products of their processing is carried out on commodity exchanges in the manner established by the Government of the Russian Federation.
4. The implementation of industrial fishing by individual entrepreneurs and legal entities registered in the Russian Federation on the high seas outside the territories covered by international treaties of the Russian Federation, from ships flying the State flag of the Russian Federation, is not limited, with the exception of:
1) procurement (catch) of anadromous fish species, highly migratory fish species and other aquatic animals, transboundary fish species and other aquatic animals;
2) cases when, in order to preserve aquatic biological resources, their extraction (catch) is limited in accordance with international treaties of the Russian Federation in the field of fishing and conservation of aquatic biological resources.
See comments to Article 19 of this Federal Law
Article 20. Coastal fishing
1. Coastal fishing is carried out by legal entities and individual entrepreneurs in accordance with parts 3 and 4 article 16 and with article 19 of this Federal Law with or without the provision of a fishing area.
2. Coastal fishing is allowed to be carried out in the internal sea waters of the Russian Federation, in the territorial sea of \u200b\u200bthe Russian Federation, as well as in the regions of the continental shelf of the Russian Federation and the exclusive economic zone of the Russian Federation determined by the Government of the Russian Federation.
3. The types of vessels, tools and methods of harvesting (catching) aquatic biological resources for the implementation of coastal fishing are determined by the authorized federal executive body.
See comments to Article 20 of this Federal Law
Article 21. Fishing for research and control purposes
1. Fishing for research and control purposes is carried out to study aquatic biological resources and their habitat, conduct state monitoring of aquatic biological resources, search for new areas of extraction (catch) of aquatic biological resources and types of aquatic biological resources that were not previously classified as fishing objects, definitions total allowable catches, development of measures for the conservation of aquatic biological resources.
2. Fishing for scientific research and control purposes is carried out on the basis of the annual plan of resource research and state monitoring of aquatic biological resources, as well as scientific programs.
3. Extraction (catch) of aquatic biological resources in the implementation of fishing for scientific research and control purposes is carried out in the amount necessary for scientific research in accordance with the annual plan of resource research and state monitoring of aquatic biological resources.
4. The procedure for fishing for scientific research and control purposes is established by the Government of the Russian Federation.
See comments to Article 21 of this Federal Law
Article 22. Fishing for educational, cultural and educational purposes
Fishing for educational and cultural and educational purposes is carried out by citizens and legal entities in the manner determined by the authorized federal executive body.
See comments to Article 22 of this Federal Law
Article 23. Fishing for fish farming, reproduction and acclimatization of aquatic biological resources
Fishing for the purpose of fish farming, reproduction and acclimatization of aquatic biological resources is carried out by citizens and legal entities in the manner determined by the authorized federal executive body.
See comments to Article 23 of this Federal Law
Article 24. Recreational and sport fishing
1. Citizens have the right to carry out recreational and sport fishing on water bodies common use freely and free of charge, unless otherwise provided by this Federal Law. Restrictions on recreational and sport fishing can be established in accordance with article 26 of this Federal Law.
2. Amateur and sport fishing can be carried out both with the condition of returning the harvested (caught) aquatic biological resources to their habitat, and without this condition.
3. Amateur and sport fishing in ponds, flooded quarries owned by citizens or legal entities, is carried out with the consent of their owners.
4. Amateur and sport fishing in fishing grounds shall be carried out with the consent of the users of the fishing grounds.
5. Aquatic biological resources, which are in state or municipal ownership, are provided for use by legal entities and individual entrepreneurs for entrepreneurial activities related to the provision of services to citizens engaged in recreational and sport fishing (recreational and sport fishing organizations), on the basis of agreements provided for article 33.3 of this Federal Law.
See text part 6 of article 24
See comments to Article 24 of this Federal Law
Article 25. Fishing in order to ensure the traditional way of life and the implementation of traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation
1. Fishing for the purpose of ensuring the traditional way of life and the implementation of traditional economic activities of the indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation is carried out by persons belonging to these peoples and their communities with or without the provision of a fishing site.
2. Fishing in order to ensure the traditional way of life and the implementation of traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation without providing a fishing site is carried out without a permit for the extraction (catch) of aquatic biological resources, with the exception of the extraction (catch) of rare and under threatened with extinction of species of aquatic biological resources.
3. The procedure for fishing in order to ensure the traditional way of life and carry out traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation shall be established by the authorized federal executive body.
See comments to Article 25 of this Federal Law
Article 26. Fishing restrictions
1. In order to ensure the conservation of aquatic biological resources and their rational use, the following restrictions on fishing may be established:
1) the prohibition of fishing in certain areas and in relation to certain types of aquatic biological resources;
2) the closure of fishing in certain areas and in relation to certain types of aquatic biological resources;
3) the minimum size and weight of the extracted (harvested) aquatic biological resources;
4) types and number of permitted tools and methods of harvesting (catching) aquatic biological resources;
5) mesh size of fishing gear, size and design of fishing gear (catch) of aquatic biological resources;
6) the volume and composition of aquatic biological resources, the catch (catch) of which is allowed simultaneously with the catch (catch) of aquatic biological resources (permitted by-catch);
7) the distribution of areas of extraction (catch) of aquatic biological resources (area, subarea, fishing zone, fishing subzone) between groups of vessels differing in the tools of extraction (catch) of aquatic biological resources, types and sizes;
8) periods of harvesting (catching) aquatic biological resources for groups of vessels differing in the tools for harvesting (catching) aquatic biological resources, types (capacity) and sizes;
9) the number and types (capacity) of vessels that can carry out commercial fishing simultaneously in the same area of \u200b\u200bextraction (catch) of aquatic biological resources;
10) the minimum volume of harvest (catch) of aquatic biological resources per vessel;
11) the time when vessels go out to sea for commercial fishing;
12) periods of fishing in water bodies of fishery significance;
13) other restrictions on fishing established in accordance with federal laws.
2. Restrictions on fishing are established by the authorized federal executive body.
See text part 3 of article 26
See comments to Article 26 of this Federal Law
Article 26.1... Suspension of fishing
1. Suspension of fishing may be carried out in cases provided for by federal laws.
2. Suspension of fishing in the cases provided for by the Code of Administrative Offenses of the Russian Federation shall be carried out in court. In other cases, the suspension of fishing is carried out by the authorized federal executive body.
Article 27. Restriction of harvest (catch) of rare and endangered species of aquatic biological resources
1. In order to preserve rare and endangered species of aquatic biological resources included in the Red Book of the Russian Federation and (or) the Red Data Book of a constituent entity of the Russian Federation, the extraction (catch) of such types of aquatic biological resources is prohibited.
2. In exceptional cases, the catch (catch) of rare and endangered species of aquatic biological resources is allowed in the manner prescribed by the Government of the Russian Federation.
See comments to Article 27 of this Federal Law
Article 28. Total allowable catch of aquatic biological resources
1. The total allowable catch of aquatic biological resources and the types of aquatic biological resources in relation to which it is established are approved by the authorized federal executive body for each fishery basin.
2. The total allowable catch of aquatic biological resources in order to establish a quota for the extraction (catch) of aquatic biological resources provided to the Russian Federation is determined in accordance with international treaties of the Russian Federation.
3. The procedure for determining and approving the total allowable catch of aquatic biological resources and changing it is established by the Government of the Russian Federation.
See comments to Article 28 of this Federal Law
Article 29. Harvesting (catching) of types of aquatic biological resources that were not previously classified as fishing objects, or aquatic biological resources in new areas of their extraction (catch)
1. To carry out the extraction (catch) of types of aquatic biological resources that were not previously classified as fishing objects, or aquatic biological resources in new areas of their extraction (catch), scientific research is carried out. The extraction (catch) of aquatic biological resources during scientific research is carried out in the amount necessary for such research in accordance with the annual plan of resource research and state monitoring of aquatic biological resources.
2. Mining (catch) of types of aquatic biological resources that were not previously classified as fishing objects, or aquatic biological resources in new areas of their extraction (catch) is carried out by legal entities and individual entrepreneurs provided for Articles 19 and 20 of this Federal Law.
3. Types of vessels, tools and methods of extraction (catch) of aquatic biological resources for the implementation of commercial fishing for the purposes provided for part 1 of this article are determined by the authorized federal executive body.
4. By the decision of the authorized federal executive body, the sale of the right to conclude an agreement on securing shares of the extraction (catch) quota of aquatic biological resources that were not previously classified as fishing objects or the extraction (catch) of which is carried out in new areas of extraction (catch) of aquatic biological resources, or contracts for the use of these aquatic biological resources can be carried out at auctions.
See comments to Article 29 of this Federal Law
Article 29.1... Catching (catching) of anadromous fish species
1. The catch (catch) of anadromous fish species is carried out by legal entities and individual entrepreneurs provided for part 3 of article 16 of this Federal Law, on the basis of an agreement provided for article 33.3 of this Federal Law.
2. Water bodies intended for the extraction (catch) of anadromous fish species may be used for other purposes, including those not related to fishing, only in agreement with the persons specified in part 1 of this article.
3. For the procurement (catch) of anadromous fish species, such fish species and water bodies that are their habitat are provided for use by persons designated part 1 of this article, on the basis of the decision of the commission for the regulation of the production (catch) of anadromous fish species, approved by the territorial body of the authorized federal executive body.
4. The Commission for the Regulation of the Production (Catch) of Anadromous Fish Species is established in the subject of the Russian Federation. This commission is headed by the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation). The composition of this commission includes representatives of federal executive bodies, including the federal executive body in the field of defense, the federal executive body in the field of security, the federal executive body in the field of security environment, as well as state authorities of the constituent entities of the Russian Federation, public associations, associations of legal entities (associations and unions) and scientific organizations.
5. The Commission for the Regulation of the Production (Catching) of Anadromous Fish Species shall establish the volume, timing, location of catch (catch) and other conditions for the production (catch) of anadromous fish species, approved by the territorial body of the authorized federal executive body.
6. The composition of the commission for regulating the production (catch) of anadromous fish species and the procedure for its activities shall be approved by the authorized federal executive body.
7. In order to create favorable conditions for fishing and preserving aquatic biological resources on water bodies intended for the extraction (catch) of anadromous fish species, an agreement may be concluded, one party of which is the person heading the commission for the regulation of the production (catch) of anadromous fish species , undertakes to provide the other party with the right to harvest (catch) anadromous fish species in the relevant water body for a period of ten to twenty years, and the other party undertakes to take measures aimed at the rational use and conservation of aquatic biological resources, including fishery reclamation of water bodies, reproduction and processing of aquatic biological resources.
8. The agreement referred to in part 7 of this article, is subject to state registration with the territorial body of the authorized federal executive body and is considered concluded from the moment of its registration.
9. The procedure for preparation, conclusion and state registration specified in part 7 of this article of the agreement and its approximate form are established by the Government of the Russian Federation.
Article 30. Quotas of extraction (catch) of aquatic biological resources
1. Total allowable catches of aquatic biological resources in the internal waters of the Russian Federation, including in the internal sea waters of the Russian Federation, in the territorial sea of \u200b\u200bthe Russian Federation, on the continental shelf of the Russian Federation, in the exclusive economic zone of the Russian Federation, in the Azov and Caspian seas, as well as quotas for the extraction (catch) of aquatic biological resources provided to the Russian Federation in accordance with international treaties of the Russian Federation are annually distributed and approved by the authorized federal executive body in relation to the following types of quotas:
For quotas for catching aquatic biological resources, see help
1) quotas for the extraction (catch) of aquatic biological resources for commercial fishing (with the exception of coastal fishing) on \u200b\u200bthe continental shelf of the Russian Federation and in the exclusive economic zone of the Russian Federation (industrial quotas);
2) quotas for the extraction (catch) of aquatic biological resources for the implementation of coastal fishing in the internal sea waters of the Russian Federation, in the territorial sea of \u200b\u200bthe Russian Federation, on the continental shelf of the Russian Federation and in the exclusive economic zone of the Russian Federation (coastal quotas);
3) quotas for the extraction (catch) of aquatic biological resources for fishing for research and control purposes (scientific quotas);
4) quotas for the extraction (catch) of aquatic biological resources for fishing for educational and cultural and educational purposes;
5) quotas for the extraction (catch) of aquatic biological resources for fishing for fish farming, reproduction and acclimatization of aquatic biological resources;
6) quotas for the production (catch) of aquatic biological resources for the organization of amateur and sport fishing;
7) quotas for the extraction (catch) of aquatic biological resources in order to ensure the traditional way of life and the implementation of traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation;
8) quotas for the production (catch) of aquatic biological resources for the Russian Federation in the areas where international treaties of the Russian Federation in the field of fishing and conservation of aquatic biological resources are in force;
9) quotas for the extraction (catch) of aquatic biological resources in the exclusive economic zone of the Russian Federation for foreign states, established in accordance with international treaties of the Russian Federation in the field of fishing and conservation of aquatic biological resources;
10) quotas for the extraction (catch) of aquatic biological resources for commercial fishing in the internal waters of the Russian Federation, with the exception of the internal sea waters of the Russian Federation (industrial quotas for freshwater bodies).
2. Coastal quotas in the internal sea waters of the Russian Federation and in the territorial sea of \u200b\u200bthe Russian Federation shall be distributed among the coastal constituent entities of the Russian Federation in accordance with the procedure established by the Government of the Russian Federation.
3. The procedure for the distribution of the total allowable catches of aquatic biological resources in relation to the types of quotas for their production (catch) is determined by the Government of the Russian Federation.
4. Industrial quotas of freshwater water bodies shall be distributed among the constituent entities of the Russian Federation in the manner established by the authorized federal body.
See comments to Article 30 of this Federal Law
Article 31. Distribution of quotas for the extraction (catch) of aquatic biological resources between persons who have the right to procure (catch) aquatic biological resources
1. Industrial quotas and coastal quotas, as well as quotas for the extraction (catch) of aquatic biological resources for the Russian Federation in the areas of application of international treaties of the Russian Federation in the field of fishing and conservation of aquatic biological resources are distributed among the persons specified in Articles 19 and 20 of this Federal Law, by concluding agreements with them on securing shares of the quota for the extraction (catch) of aquatic biological resources for ten years on the basis of data from the fishery register on the volume of aquatic biological resources obtained (caught) by such persons for four years preceding the accounting year.
2. The procedure for the distribution of quotas for the extraction (catch) of aquatic biological resources specified in part 1 of this article shall be established by the Government of the Russian Federation.
See text part 3 of article 31
4. Scientific quotas, quotas for the extraction (catch) of aquatic biological resources for fishing for the purpose of fish farming, reproduction and acclimatization of aquatic biological resources, quotas for the production (catch) of aquatic biological resources for fishing for educational and cultural and educational purposes are distributed by the authorized federal executive body in the manner established by the Government of the Russian Federation.
5. Quotas for the extraction (catch) of aquatic biological resources for the organization of amateur and sport fishing are distributed among the users of aquatic biological resources by the executive authorities of the constituent entities of the Russian Federation.
6. Quotas for harvesting (catching) aquatic biological resources in order to ensure the traditional way of life and carry out traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation are distributed by the executive authorities of the constituent entities of the Russian Federation.
7. Industrial quotas in freshwater bodies are distributed by the executive authorities of the constituent entities of the Russian Federation.
8. In case of exceeding the volume of harvest (catch) of aquatic biological resources, taking into account the permitted by-catch, it is allowed to reduce the quota of harvest (catch) of aquatic biological resources provided to the person who has the right to harvest (catch) aquatic biological resources, in the amount specified in the harvest permit (catch) of aquatic biological resources issued in relation to a vessel carrying out fishing. This reduction is carried out in the current year or in subsequent years by decision of the authorized federal executive body.
See comments to Article 31 of this Federal Law
Article 32. Transfer of the right to procure (catch) aquatic biological resources from one person to another person
1. The transfer of the right to procure (catch) aquatic biological resources from one person to another person may be carried out in the cases provided for by this Federal Law.
2. The transfer of the right to procure (catch) aquatic biological resources from one person to another person shall be carried out in the manner of universal succession in accordance with civil legislation, unless otherwise provided by this Federal Law.
3. The transfer of the right to procure (catch) aquatic biological resources from one person to another person by way of alienation is carried out on the basis of an agreement concluded as a result of an auction.
4. The approximate form of the contract, on the basis of which the transfer of the right to procure (catch) aquatic biological resources from one person to another person is carried out, is approved by the Government of the Russian Federation.
See comments to Article 32 of this Federal Law
Article 33. Basin scientific and fishing councils and territorial fishery councils
1. Basin scientific and fishing councils are formed for each fishery basin in order to prepare proposals on the preservation of aquatic biological resources, including proposals on the distribution of quotas for the extraction (catch) of aquatic biological resources among persons who have the right to procure (catch) aquatic biological resources.
2. The composition and procedure for the operation of basin scientific and field councils shall be approved by the authorized federal executive body.
3. In the subjects of the Russian Federation, territorial fisheries councils may be formed.
4. The composition and procedure for the operation of territorial fisheries councils are approved by the executive authority of the corresponding constituent entity of the Russian Federation.
See comments to Article 33 of this Federal Law
Article 24. Recreational and sport fishing
1. Citizens have the right to carry out recreational and sport fishing on public water bodies freely and free of charge, unless otherwise provided by this Federal Law. Restrictions on recreational and sport fishing may be established in accordance with Article 26 of this Federal Law.
2. Amateur and sport fishing can be carried out both with the condition of returning the harvested (caught) aquatic biological resources to their habitat, and without this condition.
3. Amateur and sport fishing in ponds, flooded quarries owned by citizens or legal entities, is carried out with the consent of their owners.
4. Abolished. - Federal Law of December 28, 2010 N 420-FZ.
5. On fishing grounds provided to legal entities and individual entrepreneurs for the organization of amateur and sport fishing on the basis of contracts provided for in Article 33.3 of this Federal Law, amateur and sport fishing is carried out by citizens with a voucher (a document confirming the conclusion of an agreement for the provision of paid services in the field of amateur and sport fishing).
5.1. Services in the field of recreational and sport fishing are provided on the basis of contracts for the provision of paid services in accordance with civil law.
5.2. Tourist activities, in the implementation of which services in the field of amateur and sport fishing are included in the tourist product, are carried out in accordance with this Federal Law and Federal Law No. 132-FZ of November 24, 1996 "On the Basics of Tourist Activities in the Russian Federation".
5.3. Legal entities and individual entrepreneurs referred to in part 5 of this article create the infrastructure necessary for the organization of recreational and sport fishing.
7. When the executive body of a constituent entity of the Russian Federation approves the list of fishing grounds established by Article 18 of this Federal Law, it is necessary to ensure the rights of citizens provided for in Part 1 of this Article.
