Providing fishery rights. Federal Law on Amateur Fisheries

19.11.2018

Currency is made Russian Federation
Project

THE FEDERAL LAW.
ABOUT amateur fishing.

Article 1. The purpose of this Federal Law
The main purpose of this Federal Law is to ensure the regulatory legal regulation of the implementation and development of amateur fisheries.

Article 2. Basic concepts
For the purposes of this Federal Law, the following basic concepts are used:
1) Amateur fishing - mining activities (catch) of amateur fishing facilities, carried out by individuals for personal consumption and for recreation purposes (recreational purposes), including in physical education and sports events;
2) Objects of amateur fisheries - fish, water invertebrates, aqueous mammals, algae, other aquatic animals and plants that are in a state of natural freedom (hereinafter - water bioresours), and aquaculture objects;
3) Ugly - Activities for the Institution of Measures water objects in the implementation of a fishing recreational economy for their subsequent mining (catch) by individuals;
4) Emplies - water bioresours mined (caught) in the implementation of industrial and (or) coastal fishing (or) aquaculture objects;
5) Aquaculture facilities - fish, aquatic animals, plants and algae, which multiply in the aquatic environment and are objects of dilution and (or) content and cultivation in artificially created conditions of habitat or natural habitat;
6) Fishing site - a natural water object or its part, artificial reservoir provided for the implementation of amateur fisheries;
7) Recreation Fishing Economy - Entrepreneurial Activities for the provision of compensated services in the field of amateur fisheries, carried out on fishing areas based on ripping;
8) Underwater hunting - a way to implement amateur fisheries by individuals in a water bodice fishery value On the breath delay when immersed in water, in which the extraction of (catch) of amateur fishing facilities is carried out with the help of firing attached harpuns (arrows) of devices (underwater rifles).

Article 3. Basic principles of state regulation of amateur fisheries
State regulation of amateur fisheries is based on the following basic principles:
1) Development of amateur fisheries while ensuring sustainable use water bioresources and accounting for the needs of individuals in recreation;
2) Practice for the right to exercise by individuals of amateur fisheries.
3) Ensuring the rights of individuals to receive services in the field of amateur fisheries in accordance with this Federal Law and Civil Law;
4) carrying out amateur fisheries in ways that correspond to the requirements of humanity and preventing ill-treatment of amateur fishing facilities that are not harmful to the environment;
5) the participation of citizens, public associations, associations of legal entities (associations and unions) in solving issues relating to amateur fishing.

Article 4. Scope of this Federal Law
This Federal Law applies to attitudes in the field of amateur fisheries carried out in the inner waters of the Russian Federation, including the internal sea waters of the Russian Federation and the territorial Sea of \u200b\u200bthe Russian Federation, the horizontal territory of the Russian Federation, which is used for the purpose of fishing and preserving aquatic bioresources.

Article 5. Provision of services and work in the field of amateur fishing
1. The coverage of services and the performance of work in the field of amateur and sports fisheries are carried out by state authorities, as well as persons who are provided for the relevant goals of fishing sites.
2. Legal entities and individual entrepreneurs who are provided with fishing sites provide individuals with compensated services and perform work in the field of amateur fisheries in accordance with the Civil Code of the Russian Federation, other federal laws and this federal law.

Article 6. Participants in amateur fishing relations
1. Participants in relations in the field of amateur fisheries are the Russian Federation, the subjects of the Russian Federation, municipalities, legal entities and individuals, including individual entrepreneurs.
2. On behalf of the Russian Federation, the constituent of the Russian Federation, respectively, the state authorities of the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation and local government bodies within the competence established by regulatory legal acts that determine the status of these bodies are involved in relation to amateur fisheries. .
3. Legal entities and individual entrepreneurs involved in the field of amateur fisheries should be registered in the Russian Federation in accordance with the Federal Law of August 8, 2001 No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs."

Article 7. Implementation of amateur fisheries.
1. Lovely fishing is carried out:
1) on water bodies common use In accordance with this Federal Law;
2) on water bodies of specially protected natural territories, taking into account the requirements of the legislation on specially protected natural territories;
3) on water bodies owned by legal entities, individuals, including individual entrepreneurs, in accordance with this Federal Law and Civil Law.
2. Fishing is carried out:
1) With regard to water bioresources, with the exception of prey (catch) species of water bioresources included in the list approved in accordance with Part 2 of Article 15 of this Federal Law, if available:
- Fisherman cards, or a document established by the legislation of the Russian Federation of a sample confirming the belonging of a citizen of the Russian Federation to the following categories:
a) reached retirement age in accordance with paragraph 1 of Article 7 of the Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation": women 55 years old, men 60 years;
b) disabled people II groups;
c) residents of municipalities, within the boundaries of which there is a water object or to the boundaries of which it is adjacent.
2) in relation to the aquatic bioresources included in the list approved in accordance with Part 2 of Article 15 of this Federal Law, with the presence of a personal permission of the fisherman;
3) With regard to objects of grinding on fishing sites, where recreational fishing economy is carried out, if there is a contract concluded in accordance with the Civil Code of the Russian Federation, other federal laws and this federal law with a legal entity or an individual entrepreneur who provided the corresponding fishing site.
3. It is allowed to carry out amateur fishing with the return of the extracted (caught) water biological resources On the environment of their habitat, if it allows their physical condition and unless otherwise established by the rules of amateur fishing.
4. Objects of amateur fisheries, mined (caught) on fisherman cards and nominal solutions of fisherman, are not subject to implementation.

Article 8. Features of the implementation of amateur fisheries when conducting official physical education events and sports events
1. Official physical education events and sports activities that provide for the extraction of (catch) of amateur fishing facilities are held in accordance with federal legislation on physical culture and sports, in coordination with the federal executive authority authorized in the field of fisheries.
2. The procedure for coordinating official physical cultural activities and sports activities providing for the extraction of (catch) of amateur fishing facilities is approved by the federal executive authority authorized in the field of fisheries, in coordination with the federal executive authority authorized in the field physical culture and sports.
The procedure for coordination of official physical culture events and sports activities providing for the production of (catch) of amateur fishing facilities, determines the deadlines for submitting an application by the Organizer of such events, the timing of its consideration and harmonization or refusal in coordination, as well as the application form indicating the following information:
1) the timeline and place of the official physical education or sporting event;
2) full name, address (location) of the organizers of an official physical education event or sports event;
3) the planned number of participants in the official physical education or sporting event;
4) Information on the inclusion of an official physical culture event or sports event in a single calendar plan of interregional, all-Russian and international physical culture activities and sports events or calendar plans of physical education events and sports activities of the constituent entities of the Russian Federation or municipalities.
3. During official physical culture events and sports events, daily mining (catch) facilities of amateur fisheries are not established.

Article 9. Recreational fishing economy
1. Recreation fishing economy is carried out by legal entities or individual entrepreneurs specified in paragraph 3 of Article 6 of this Federal Law, which suffered with the federal executive authority authorized in the field of fisheries, the contract for the fishing site.
2. When carrying out legal entities and individual entrepreneurs of recreational fishing economy, individuals are provided with the right to mining (catch) of incisions.
3. The document that provides the right to an individual for the extraction of aggregation facilities is a contract concluded in accordance with the Civil Code of the Russian Federation, other federal laws and this Federal Law, with a legal entity or an individual entrepreneur specified in paragraph 1 of this article.
This contract is considered concluded in the appropriate form also since issuing a cash receipt, a receipt or other document confirming the payment of services and the acquisition of the right to mining (catch) of amateur fishing facilities.
4. When implementing a recreational fishing economy, restrictions established by parts 1 and 2 of Article 10 of this Federal Law are not applied.
5. Urges the fishing site in the implementation of recreational fishing economy is carried out in accordance with the requirements established by Article 18 of this Federal Law.
6. Undership facilities are the property of a legal entity or an individual entrepreneur who implements recreational fishing economy. The transfer of ownership of these objects is carried out in accordance with civil law.

Article 10. Limitations of amateur fisheries
1. In order to preserve and rational use of water bioresources and their habitat, limitations of amateur fisheries, provided for in paragraphs 1, 3 - 5 and 12 of part 1 of article 26 of the Federal Law of December 20, 2004 No. 166-FZ "On Fisheries and Conservation of Water biological resources. "
2. In addition to the restrictions provided for in part 1 of this article, the daily mining (catch) of one individual is established in relation to objects of amateur fishing.
3. It is prohibited to carry out amateur fishing using explosives and chemicals, electric flow and electrofood.
4. Limitations of amateur fisheries provided for in parts 1 and 2 of this article, as well as the requirements for the preservation of water bioresources and their habitat are established by the rules of amateur fisheries.

Article 11. Rules of amateur fishing
1. The rules of amateur fisheries are approved by the federal executive authority authorized in the field of fisheries, for each fishery basin.
2. Rules of amateur fisheries in water bodies of the fisheries fully located on the territory of one subject of the Russian Federation are approved by the executive authority of this subject of the Russian Federation in coordination with the federal executive authority authorized in the field of fisheries, taking into account the rules stipulated by Part 1 of this article .
3. In the rules of amateur fisheries are envisaged:
1) standards, parameters and deadlines of amateur fishing;
2) limitations of amateur fisheries referred to in Article 10 of this Federal Law, concretized taking into account the peculiarities of each fisheries basin;
3) Requirements for the preservation of water bioresources.
4. The rules of amateur fisheries are required for the execution by individuals carrying out amateur fishing, except for the implementation of amateur fisheries in fishing sites and water bodies owned by legal entities, individuals, including individual entrepreneurs.

Article 12. Fishing site
1. The fishing site is formed at certain boundaries:
1.1. For the implementation of the recreational fishing economy:
- on the artificial reservoir;
- on a water facility, not referred to the water object of fisheries;
1.2. On a natural aquatic object (aqueous object of a fishery value) or its part in which amateur fishing is carried out in the presence of nominal permits.
2. The borders of the fishing site are defined in the manner prescribed by the federal executive authority authorized in the field of fishing, on the basis of these state monitoring of water bioresources and recommendations of scientific organizations.
3. The list of fishing sites is approved by the executive authority of the relevant subject of the Russian Federation in coordination with the federal executive authority authorized in the field of fisheries.
The federal executive body authorized in the field of fishing refuses to coordinate the list of fishing sites in case:
1) when forming a list of fishing sites, the requirements of this Federal Law are violated;
2) the formed list of fishing sites prevents individuals in the implementation of their rights to the exercise of amateur fishing;
3) violated other requirements for legislation on fisheries and preserving water biological resources.
4. The list of fishing sites, including the water bodies referred to in the first part of this article, approved with the results of public discussions organized by local governments of the municipality, within the boundaries of which the appropriate water object is located or the boundaries of which it is adjacent.
5. Formation on the territory of the subject of the Russian Federation of the fishing plot, the boundaries of which coincide with the boundaries of the water object, allowed if within a radius of up to 5 kilometers from such an water site there is a water facility, not included in the list of fishing sites, provided for by part 3 of this articles.
6. In order to form a list of fishing sites in the subject of the Russian Federation, the Commission is formed.
The highest official of the constituent entity of the Russian Federation (head of the Supreme Executive Body of the State of the Russian Federation) is headed by the specified Commission. This Commission includes representatives of federal executive bodies, including the federal executive authority authorized in the field of fisheries, the federal executive body authorized in the field of protection ambient, as well as representatives of state authorities of the constituent entities of the Russian Federation, public associations, associations of legal entities (associations and unions) and scientific organizations.
The number of representatives of state authorities and scientific organizations should not exceed the number of representatives of public associations and associations of legal entities (associations and unions).
The meeting is considered to be eligible if at the meeting the number of representatives of state authorities and scientific organizations does not exceed the number of representatives of public associations and associations of legal entities (associations and unions).
7. The use of the fishing site is carried out in accordance with this Federal Law, Water and Civil Law.
8. The use of land for the objectives of amateur fishing is carried out in accordance with water legislation and land legislation.

Article 13. Agreement on the provision of a fishing site
1. Under an agreement on the provision of a fishing site, the federal executive authority authorized in the field of fisheries, undertakes to provide a legal entity or an individual entrepreneur the right to use the fishing site for the provision of services in the field of amateur fishing.
2. The contract for the granting of the fishing site must contain:
1) Parties and subject matter;
2) the term of the contract;
3) the rights and obligations of the parties, including the protection of the fishing site, water bioresources and overalling facilities, including the obligations of a legal entity or an individual entrepreneur who have entered into an agreement on the provision of a fishing site, conduct measures to preserve water bioresources and their habitat, grinding and fisheries Melioration at the fishing site in accordance with the legislation of the Russian Federation.
3. Agreement on the provision of a fishing site Along with the conditions specified in paragraph 2 of this article, may contain other conditions for the Agreement of the Parties to this Treaty.
4. The contract for the provision of a fishing site is for up to 25 years according to the results of auction for the right to conclude such a contract.
The procedure for conducting the right to enter into an agreement on the provision of a fishing site, including cases of these bidding in the form of a competition or auction, as well as the procedure for entering into an agreement on the provision of a fishing site and its form are established by the Government of the Russian Federation.
5. The contract for the provision of a fishing site may be terminated by agreement of the parties or by the court decision in accordance with civil law.

Article 14. Fisherman Map
1. A document that provides the right to the physical face for the extraction of water bioresources of inland waters, including inland seawater, and the territorial sea of \u200b\u200bthe Russian Federation, with the exception of species of water bioresources, provided for by part 2 of Article 15 of this Federal Law, is the film of the Fisherman.
The fisherman map is issued to the physical person by the federal executive authority authorized in the field of fishing, and is valid throughout the Russian Federation.
2. Fisherman map is a document of strict reporting, has an accounting series and number.
2.1. The form of the Fisherman card form is approved by the federal executive authority authorized in the field of fishing.
3. In the Fisher's Map indicate the following information:
1) surname, name, (if available) patronymic;
2) number, date of issuance and validity period;
3) information about the federal executive body authorized in the field of fisheries, issued a fisherman card.
A fisherman map cannot be used by other persons.
4. Fisherman's card is issued for a fee.
The amount of payment for issuing a fisherman map is:
500 rubles per year;
100 rubles per month.
The funds received from the fear of the Fisherman's maps enter the Federal Fund for the study, conservation and reproduction of water biological resources formed in accordance with the budget legislation of the Russian Federation.
6. The procedure for issuing and canceling the Fisherman map is approved by the federal executive body authorized in the field of fisheries.
7. From January 1, 2014, the Fisherman map may be issued in the form of an electronic application to a universal electronic map, issued in accordance with the requirements of the Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services".
A fisherman map, which is an electronic application to a universal electronic map, is activated from the date of payment and is valid for the payment period.

Article 15. Personal resolution of fisherman
1. The document providing the right to produce (catch) aquatic bioresources provided for by part 2 of this article is the nominal permission of the fisherman.
1.1. The nominal permission of the fisherman is issued by the federal executive authority authorized in the field of fishing, an individual for the implementation of amateur fisheries outside the fishing site;
1.2. Legal entities and individual entrepreneurs who concluded an agreement on the fishing site, on their requests by the federal executive authority authorized in the field of fisheries, provide forms of registered permits for the extraction (catch) of water bioresources specified in Part 2 of this article for subsequent issuance of such permits Physical persons at the fishing site within the quotas allocated in accordance with Article 31 of the Federal Law of December 20, 2004 No. 166-FZ "On Fisheries and Conservation of Water Biological Resources".
2. The list of types of water bioresources extracted (captivated) by nominal permissions:
Keta (Oncorhynchus Keta),
Gorbowa (oncorhynchusgorbuscha),
Sima (Oncorhynchus Mascu),
Kizutch oncorhynchus
ONCORHYNCHUS NERKA,
Chalch (oncorhynchus tskhawytscha),
Kumja (Salmo Trutta)
Atlantine (Salmo Salar)
Nelma (Stenodus Leucichthys)
Muksun (Coregonus Muksun),
Tymen (Hucho, Parahucho),
Krabmchatsky (Paralithodes Camtschathicus),
Krabcoliya (Paralithodes Brevipes),
Crab Blue (Paralithodesplatypus)
3. The nominal permission of the fisherman is a document of strict reporting, has an accounting series and number.
3.1. The form of the form of the name permission of the fisherman is approved by the federal executive authority authorized in the field of fisheries.
4. The name of the fisherman is indicated:
1) information about physical person (surname, name, patronymic; data of the main document certifying personality);
2) date of issuance and validity period;
3) information about the body issuing a nominal permission of the fisherman;
4) Dates and place of production (catch) of amateur fisheries.
5) Demanding for mining (catch) and volume (weight or number) of objects of amateur fishing.
5. Personal resolution of the fisherman is issued for the fee.
The amount of payment for the issuance of the nominal permit is established by the Government of the Russian Federation.
The funds received from the fee for issuing a personal permission come to the Federal Fund for the study, preservation and reproduction of water biological resources formed in accordance with the budget legislation of the Russian Federation.
6. The procedure for issuing and canceling the nominal permission of the fisherman is approved by the federal executive authority authorized in the field of fisheries.

Article 16. Participation of citizens and legal entities in the preservation of water bioresources and their habitats
1. Citizens and legal entities, including public associations and religious organizations, participate in the preservation of water bioresources and their habitat in accordance with the legislation of the Russian Federation.
2. Citizens and legal entities have the right:
1) receive information from state authorities information on the state of the objects of amateur fisheries and their habitats, places of exercise of amateur fisheries, regulatory legal acts regulating relations in the field of amateur fishing, and other information, unless otherwise established by the legislation of the Russian Federation;
2) participate in public discussions in cases provided for by this Federal Law;
3) to carry out public control in the field of amateur fisheries in cases established by law;
4) Participate in activities to preserve the objects of amateur fisheries and their habitats.
3. Public authorities in the exercise of their powers in the field of protection and use of water bioresources and their habitat are given the proposals and recommendations of citizens and legal entities.

Article 17. Public control in the field of amateur fishing
1. Public control in the field of amateur fishing is carried out in accordance with the legislation of the Russian Federation with community associations, other legal entities and citizens.
2. The results of public control in the field of amateur fisheries, presented in the relevant authorities and local governments, are subject to compulsory consideration in accordance with the Federal Law of May 2, 2006 No. 59-FZ "On the procedure for consideration of citizens' appeals", by Federal Law of 26 May 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control."

Article 18. Unscake
1. Legal entities and individual entrepreneurs who carry out recreational fishing economy carry out the ripping of the fishing site provided in accordance with the Treaty.
2. In order to preserve water biological resources and their habitat, the requirements for the burden are established by the federal executive authority authorized in the field of fishing.
3. It is forbidden to establish a water bosourss of aqueous biological resources from the crossing of water bioresources different species and childbirth.

Article 19. Fishery Melioration on fishing sites
1. Legal entities and individual entrepreneurs carry out fisheries agencies at fishing sites at their own expense in accordance with the contract on the provision of a fishing site.
2. Fishery agenication is carried out in the manner prescribed by part 2 of Article 44 of the Federal Law of December 20, 2004 No. 166-FZ "On Fisheries and Conservation of Water Biological Resources".

Article 20. Transitional provisions
1. Contracts for the provision of fishing sections should be aligned with this Federal Law until July 1, 2013 by renewing.
2. In the event of an establishment by re-issuing contracts on the provision of fishing sections of their inconsistency in this federal law, they are subject to early termination unilaterally in accordance with the Civil Code of the Russian Federation.
3. The procedure for bringing the Treaty on the provision of a fishing section in accordance with this Federal Law is established by an authorized federal executive authority.

Article 21. On Amendments to the federal law "On fisheries and preservation of water biological resources"
Make to the Federal Law of December 20, 2004 No. 166-FZ "On Fisheries and Conservation of Water Biological Resources" (Meeting of the Legislation of the Russian Federation, 2004, No. 52, Art. 5270; 2005, No. 1, Art. 10; 2006, No. 23 , Art. 2380; 2007, No. 1, Art. 23; No. 50, Art. 6246; 2008, No. 49, Art. 5748; 2011, No. 1, Art. 32) The following changes:
1) clause 16 of Article 1 to exclude;
2) in part 2 of article 18 words ", as well as for the organization of amateur and sports fisheries" to exclude;
3) Article 24 shall be amended as follows:
"Article 24. Amateur Fisheries
Amateur fisheries are carried out in accordance with this Federal Law and Federal Law "On Amateur Fisheries";
4) in paragraph 6 of Part 1 of Article 16 and part 6 of article 30, the words "and sports" eliminate;
5) Part 5 of Article 31 shall be amended as follows:
"five. The quotas of production (catch) of water bioresources for the organization of amateur fishing are distributed by the federal executive authority authorized in the field of fisheries, by issuing nominal permits in accordance with the Federal Law "On Amateur Fisheries.".
6) subparagraph 6 of part 1 of article 34 to exclude.

Article 22. On Amendments to the Budget Code of the Russian Federation.
Make to the Budget Code of the Russian Federation (meeting of the legislation of the Russian Federation, 1998, N 31, Art. 3823; 2000, N 32, Art. 3339; 2004, N 34, Art. 3535; 2005, N 27, Art. 2717; N 52 , Art. 5572; 2006, N 6, Art. 636; N 45, Art. 4627; N 52, Art. 5503; 2007, N 18, Art. 2117; N 45, Art. 5424; N 46, Art. 5553 ; N 50, Art. 6246; 2008, N 48, Art. 5500; 2009, N 1, Art. 18; N 30, Art. 3739; N 39, Art. 4532; N 52, Art. 6450; 2010, n 21, Art. 2524; N 31, Art. 4198; N 46, Art. 5918) The following changes:
1) in paragraph six of subparagraph 4 of paragraph 3 of Article 21 of the words " agriculture and fisheries "add" (Federal Fund, study, conservation and reproduction of water biological resources) ";
2) Clause 1 of Article 51 supplement the following paragraphs:
"Boards for issuing a fisherman card for the extraction of water biological resources, which are in federal property, in the implementation of amateur fishing - according to a standard of 100 percent;"
"Boards for issuing a nominal fisherman's permission for the extraction of water biological resources on the list established by the Federal Law" On Amateur Fisheries "- according to a standard 100 percent;"
3) Article 57 to supplement the following paragraph:
"Boards for issuing a fisherman card for the extraction of water biological resources owned by the subject of the Russian Federation, in the implementation of amateur fishing - according to a standard of 100 percent."
3) in Article 94:
a) paragraph of the second paragraph 3 after the words "investment fund of the Russian Federation," to add the words of the Federal Fund to the Study, Conservation and Reproduction of Water Biological Resources;
b) in paragraph three of paragraph 4:
After the words "allocations of the Investment Fund of the Russian Federation, the Federal Road Fund" to add the words "federal research, conservation and reproduction of water biological resources",
After the words "for an increase in the current fiscal year of budget allocations of the Federal Road Fund", add the words of the Federal Fund for the Study, Conservation and Reproduction of Water Biological Resources;
4) Supplement Article 179.5 of the following content:
"Article 179.5. Federal Fund for the Study, Conservation and Reproduction of Water Biological Resources.
1. The Federal Fund for the Study, Conservation and Reproduction of Water Biological Resources is part of the federal budget funds to be used in order to financial support for management, study, preservation and reproduction of water biological resources and their habitat.
2. The volume of budget allocations of the Federal Fund of Study, the preservation and reproduction of water biological resources is approved by the Federal Law on the Federal Budget for the next fiscal year and on the planned period in the amount of funds received from the payment fee:
- Fisherman cards;
- registered fisherman permits;
- Fines for violation of fisheries rules.
The procedure for the formation and use of budget allocations of the Federal Fund of Study, the preservation and reproduction of water biological resources is established by the Government of the Russian Federation.

The budget allocations of the Federal Fund of Study, the preservation and reproduction of water biological resources, not used in the current fiscal year, are sent to an increase in the budget allocations of the relevant Fund in the next fiscal year.

Article 23.Things by virtue of this Federal Law
This federal law enters into force on January 1, 2013.

The president
Russian Federation

Fisheries- fishing fish, the extraction of water invertebrates and marine mammals, as well as amateur and sports fish and the extraction of water invertebrates, is carried out in the prescribed manner and is regulated by the Federal Law "On Fisheries and Conservation of Water Biological Resources", regulatory legal acts of the constituent entities of the Russian Federation and local authorities self-government. Typical rules of fisheries and fishery rules for each individual fishery basin are approved by the MPR of the Russian Federation.

The fisheries legislation is distributed:

- on the inner waters of the Russian Federation, including internal sea waters, the territorial sea, the continental shelf of the Russian Federation and the exclusive economic zone of the Russian Federation;

- fishing vessels located in an open aquatic space outside the Russian Federation floating under the Russian Flag of the Russian Federation and ascribed to the ports of the Russian Federation, unless otherwise provided by the International Treaty of the Russian Federation;

- The land territory of the Russian Federation, which is used for the purpose of fishing and preserving water bioresources.

Types of fisheries:

- industrial and coastal industrial;

- amateur sports;

- carried out in research and development purposes, for the purpose of fish farming, reproduction and acclimatization of water bioresources, in order to ensure the traditional lifestyle and economic activities of the indigenous peoples of the North, Siberia and the Far East.

The right to industrial fisheries arises on the basis of permissions for the extraction (catch) of aquatic bioresourceswhich is issued by the federal fisheries or its basin management bodies, reproduction of fish stocks and the regulation of fisheries or the executive authority of the subject of the Russian Federation. Mining permissions form - a strict reporting document that has an account number and a series. The specified type of fisheries is carried out by legal and physical (individual entrepreneurs) by persons.

In addition to permission, issued the contract of use of the fishing section, i.e., the water area or part of the water object or part coastal stripe sushi. The following conditions of this Treaty are obligatory:

- Name, area, borders of the fishing section;

- information about the user;

- permitted types of fisheries;

- Terms of use of the fishing section and the procedure for using water bioresours;

- order, conditions and deadlines for making the fee for the use of the fishing section;

- Other conditions that should be provided for by civil law or are negotiated by the parties.

The right to sports-amateur (free) fishing and water biological resourcesfor personal consumption, all citizens of the Russian Federation have in common water reservoirs.

Licensed fishall citizens of the Russian Federation under licenses in water bodies or their sites defined by the fishewed bodies in coordination with the administration of the Directory of the Russian Federation or the local self-government authority are resolved.

Special rules are established for citizens of the Russian Federation and their associations, which are representatives of small peoples and ethnic communities leading the traditional lifestyle.

For violation of fisheries rules, Russian legislation establishes administrative and criminal liability.

The extraction of water living resources is carried out in the inland water bodies of Russia and outside its territory - in the exclusive economic zone and on the continental shelf of Russia. Fisheries in the Russian Federation is a comprehensive sector of the economy, which includes a wide range of activities - from forecasting the raw materials of the industry to the organization of trade in fish products in the country and abroad.

The main objects of the fishery of the Far East seas are Mintai, herring, cod, flounder, sail, salmon, etc., as well as commercial sea invertebrates: crabs, shrimps, mollusks, iglinders. Here is the active mining of the sea cat and seals. The main objects of the fishery in the northeastern part of the Atlantic (Barents Sea) - Cod, Piksha, Kambala, etc. In the Baltic Sea, Salaka, Sprot, Cod and Salmon are. The use of reserves of basic fishing fish in these seas is governed by international fisheries commissions. In the Caspian Sea, the main fishing species are sprat, sturgeon fish. In the Azov Sea fishing fish are sturgeon, hams, tulka, pike perch, bream, taran.

Living resources living in water bodies are diverse and not reduced only to fish. All of them can be combined under one concept of "water biological resources" - stocks of fish, water invertebrates, aqueous mammals, algae, other water plants and animals in the inner waters, in the territorial sea, on the continental shelf and in the exclusive economic zone of Russia.

The most important type of water bioresources are fish. Anadromous types of fish are reproduced in fresh water water objects, make migrations to the sea for feeding and returned to spawning at the place of its playback; Catalog types of fish are reproduced in the sea and spend most of their life cycle in the inner waters and territorial sea of \u200b\u200bRussia; Transboundary types of fish and other aquatic animals are reproduced and carried out most of their life cycle in the exclusive economic zone of Russia and can temporarily migrate outside such a zone and in the surrounding area of \u200b\u200bthe Open Sea; Trans-suzonal types of fish and other aquatic animals inhabit in the exclusive economic zone of Russia and in the exclusive economic zones of foreign countries adjacent to it; Far migrant fish and other aquatic animals most of their life cycle are carried out in the open sea and can temporarily migrate into the exclusive economic zone of Russia.

Water bioresources are in federal property, with the exception of bioresources living in ponds, flooded careers, which can also be owned by the subjects of the Federation, municipal and private property. Persons engaged in fishing acquire ownership of the produced water bioresours in accordance with civil law. The list of types of water bioresources attributed to fishery facilities is approved by the Federal Agency for Fisheries520.

In the Federal Law "On Fisheries and Conservation of Water Biological Resources", a wide concept of fisheries is given - these are activities for the extraction (catch) of water bioresources and in the cases provided by law on accepting, processing, overloading, transportation, storage and unloading of the catch of aquatic bioresources, the production of fish and other products from water bioresources. Relations for accepting, processing, overloading, transportation, storage and unloading bioresources are regulated primarily by civil law.

The following types of fisheries distinguish: 1) industrial fishing; 2) coastal fishing; 3) fishing in scientifensive and monitoring purposes; 4) fishing in educational and cultural and educational purposes; 5) Fisheries for the purpose of fish farming, reproduction and acclimatization of water bioresources; 6) amateur and sports fisheries; 7) Fisheries to ensure the management of the traditional lifestyle and the implementation of the traditional economic activity of the indigenous small peoples of the North, Siberia and the Far East of Russia. Water bioresources can be used to implement one or more types of fisheries.

Industrial fishing is entrepreneurial activities carried out by legal entities and individual entrepreneurs without use and using the ships of the fishing fleet. For industrial fisheries, vessels are used to be given the right of swimming under the Russian flag of Russia and which are equipped with technical means Controls for automatic transmission of information about the location of the vessel and other technical means of control, which are installed on fishing vessels with a main engine with a capacity of more than 55 kW and with a capacity of more than 80 tons.

With industrial fishing - the catch of water bioresources, in respect of which their common permissible catch is established, water bioresources are provided for use on the basis of an agreement on the consolidation of the share of production quotas (catch) of water bioresources. Under the Agreement, one party - the state authority undertakes to grant the right to prey (catch) of water bioresources to the other party - a legal entity or an individual entrepreneur. Substantial conditions The contracts are the subject of the contract, the term of its action, the type of fisheries521. The contract may be based on the results of the auction.

For industrial fishing in relation to species of water bioresources, the total permissible catch of which is not established, these water bioresources are provided for use on the basis of decisions of government bodies or the Treaty on the provision of a fishing section, the contract of use of water bioresours.

Based on the solution, water bioresources attributed to fishery facilities are provided for use for implementation: 1)

fisheries in research and control purposes; 2)

fisheries in educational and cultural and educational purposes; 3)

fishing for fish farming, reproduction and acclimatization of aquatic bioresources; four)

fisheries in order to ensure the traditional lifestyle and the implementation of the traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of Russia.

The decision to provide water bioresources should contain information about the person to whom the right to catch water bioresources, the form of fisheries, terms and conditions of the use of water bioresources.

According to the Treaty on the provision of a fishing section, one party - the state authority undertakes to provide the other party to the legal entity or an individual entrepreneur the right to produce aquatic bioresources on the fishing section. The contract for the provision of a fishing section is indicated by its parties, the subject of the contract, the term of its action, the type of fisheries. The Treaty on the provision of a fishing section, which consists of a water area of \u200b\u200bthe water object of fisheries, for the catch of anadromic fish species is concluded for a period of 10 to 25 years, with an indication of the catch conditions. The Treaty on the provision of a fishing section is based on the results of the competition522.

In the legislation in the sector under consideration, it would be necessary to provide details with the terms of contracts between authorized bodies and users. Conditions of contracts should vary depending on the activities of the activity (fishing, fish farming) and the nature of the water object (from the small river to the sea). The contractual conditions must be favorable for persons who are developing "problem" fishing sections, in which the bottom deposits are disturbed, etc. are contaminated. Since the economic entity overcomes these obstacles to fisheries and fish farming in water bodies, it is advisable to be encouraged and maintained and maintained.

The use of water bioresurs related to fishery facilities is to implement fisheries against aquatic bioresources, the total allowable catch of which is not established. According to the contract of use by water bioresours, one party is the authority of state power undertakes to provide the other party - a legal entity or an individual entrepreneur the right to produce aquatic bioresources. The contract indicates its parties, the subject of the contract, its validity period, the type of fishermen524. The use of water bioresurs can be concluded according to the results of the auction.

Coastal fishing is carried out by legal entities and individual entrepreneurs using or without the use of ships of the fishing fleet. For coastal fisheries, vessels are used, which is granted by the right of swimming under the state flag of Russia and which are equipped with technical controls for the automatic transmission of information about the location of the vessel and other technical controls, which are installed on fishing vessels with a main engine capacity of more than 55 kW and with a capacity of more than 80 tons. .

Coastal fisheries is allowed with the provision of a fishing section in the inner sea waters, the territorial Sea of \u200b\u200bRussia, as well as without the provision of a fishing section in the areas of the continental shelf certain by the Government of the Russian Federation and the exclusive economic zone of the Russian Federation525. Types of vessels, tools and methods of production (catch) of water bioresources for the implementation of coastal fisheries are determined by the authorized federal executive authority 526 on individual fishery basins527.

Fisheries in research and monitoring purposes is carried out by scientific organizations to study and preserve water bioresources, as well as their habitat on the basis of an annual plan for resource research of water bioresources in the amount necessary for scientific research. The aquatic bioresources mined are used only for work under these purposes. Such aquatic bioresources are subject to return on the habitat after these works. In the event that the physical condition of aquatic bioresources does not allow them to return them to the habitat, they are to be destroyed.

On the courts used to carry out fishing in scientifensive and control purposes, the production of fish and other products from aquatic bioresources is prohibited. The order of fisheries in research and control purposes is established by the Government of the Russian Federation.

Fisheries in educational and cultural and educational purposes, for the purpose of fish farming, reproduction and acclimatization of aquatic bioresources, is carried out by citizens and legal entities in the manner determined by the authorized federal authority

power.

G. Weds has the right to carry out amateur and sports fisheries in shared water bodies freely and free.

Amateur and sports fisheries can be carried out as a condition for the return of extracted (caught) aquatic bioresources on Wednesday of their habitat, and without this condition. Amateur and sports fisheries in ponds, wound careers owned by citizens or legal entities, is carried out with the consent of their owners, and on fishing sites - with the consent of their users.

Water bioresours, which are in state or municipal property, are provided to use legal entities and individual entrepreneurs for entrepreneurial activities related to the provision of services to citizens who carry out amateur and sports fishing (organizations of amateur and sports fisheries), on the basis of contracts for the provision of fishing section.

Fisheries in order to ensure the traditional lifestyle and the implementation of the traditional economic activities of the indigenous small peoples of the North, Siberia and the Far East of Russia are carried out by these peoples and their communities with the provision of fishing plot or without providing it. Without the provision of a fishing section, fishing is carried out without permission to produce aquatic bioresources, with the exception of the extraction of rare and under threat of the disappearance of species of water bioresources. The extraction of such types of water bioresources in order to ensure traditional fisheries is allowed only on the basis of permits for the extraction of water bioresources528.

With traditional fisheries, small peoples and their communities have the right to apply traditional methods The production of aquatic bioresources, if they do not lead to a decrease in biological diversity, do not reduce the number, sustainable reproduction of the objects of the animal world, do not violate their habitat and do not pose a danger to humans. Traditional fisheries are carried out in accordance with the rules of fisheries of individual fisheries Bass 529 within the quotas of the production of water bioresources allocated to the subjects of the federation to ensure traditional fisheries and are distributed among users of the executive authorities of the subjects of the Federation530.

Fisheries in accordance with Art. 26 of the Federal Law "On Fisheries and Conservation of Water Bioresources" may be limited by the federal executive authority in the field of fisheries in order to ensure the preservation of water bioresources and their rational use by the following restrictions: 1)

prohibition of fisheries in certain areas and in relation to certain types of water bioresources; 2)

closing fisheries in certain areas and in relation to certain types of water bioresources; 3)

minimum size and weight of extracted aquatic bioresources; four)

types and quantities of resolved tools and methods of water bioresources; five)

the size of the cells, the size and design of water bioresources produce; 6)

distribution of water bioresourcing production areas between groups of vessels differing in water bioresources, types and sizes; 7)

periods of water bioresources for groups of vessels differing in water bioresources, types and sizes; eight)

the number and types of vessels that can carry out industrial fishing and coastal fisheries at the same time in one area of \u200b\u200bwater bioresources production; nine)

minimal volume of water bioresources per ship; 10)

the exit time to the sea of \u200b\u200bships for the implementation of industrial fishing and coastal fisheries; eleven)

periods of fisheries in water objects of fisheries.

In order to preserve water bioresources and their habitat, fishing networks from synthetic materials, electrical systems are prohibited from the territory of Russia. In the detection of such productions, Russian customs authorities carry out their withdrawal.

Suspension of fisheries in cases provided for by the RF RF is carried out in judicial order. In other cases, suspension is carried out by the federal executive body in the field of fishing.

The transition of the right to produce aquatic bioresources from one person to another person can be carried out in the order of universal succession - in accordance with civil law or by alienation - on the basis of an agreement concluded according to the results

auction531.

The total permissible catch of water bioresources and the types of water bioresources for which it is established is approved by an authorized federal executive authority for each fisheries basin. The total permissible catch of water bioresources in order to establish the production quota of water bioresources provided by Russia is determined in accordance with international treaties. The procedure for determining and approving the general permissible catch of aquatic bioresources and its change is established by the Government of the Russian Federation532.

The total permissible catch of aquatic bioresources in the inner waters, including in the inner sea waters, in the territorial sea, on the continental shelf, in the exclusive economic zone of Russia, in the Azov and Caspian seas, as well as the production quotas (catch) of water bioresources provided by Russia in According to international treaties, they are distributed annually and are approved by an authorized federal executive authority.

There are the following types of quotas: 1)

production for industrial fisheries (except coastal fishing) on \u200b\u200bthe continental shelf and in the exclusive economic zone of Russia (industrial quotas); 2)

production for coastal fisheries in the inner sea waters, in the territorial sea, on the continental shelf and in the exclusive economic zone of Russia (coastal quotas); 3)

mining for fishing in research and control purposes (scientific quotas); four)

mining for fishing in educational and cultural and educational purposes; five)

mining for fishing for fish farming, reproduction and acclimatization of aquatic bioresources; 6)

mining for the organization of amateur and sports fisheries; 7)

mining to ensure the traditional lifestyle and the implementation of the traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of Russia; eight)

mining for Russia in the areas of action of international treaties; nine)

mining in the exclusive economic zone of Russia for foreign states established in accordance with international treaties; 10)

mining for industrial fishing in the inner waters, with the exception of Russia's internal waters (industrial quotas of freshwater water bodies).

Coastal quotas in the inner sea waters and in the territorial sea of \u200b\u200bthe Russian Federation are distributed between the coastal subjects of the Federation533. Industrial quotas of freshwater water objects are distributed between the constituent entities of the Federation in the manner established by the authorized federal body534.

Industrial quotas and coastal quotas, as well as water bioresourcing production quotas for the Russian Federation in the areas of action of international treaties, 535 are distributed through the conclusion of contracts with them on fastening the share of water bioresources production quotas for 10 years on the basis of data from the fishery registry 536 on the volume of water bioresources produced by such persons of the year preceding settlement

Scientific quotas, water bioresourcing production quotas for fish farming, reproduction and acclimatization of water bioresources, water bioresourcing production quotas for fishing and cultural and educational purposes are distributed to an authorized federal executive authority in the manner prescribed by the Government of the Russian Federation.

Water bioresourcing production quotas for the organization of amateur and sports, traditional, as well as freshwater fisheries are distributed by the executive authorities of the subjects of the Federation.

The permit for the extraction of water bioresources certifies the right to their catch when implemented: 1)

The fisheries legislation is distributed:

- The land territory of the Russian Federation, which is used for the purpose of fishing and preserving water bioresources.

Types of fisheries:

- industrial and coastal industrial;

- amateur sports;

In addition to permission, issued the contract of use of the fishing section, i.e., the water object or part of the water object and the coastal strip of sushi. The following conditions of this Treaty are obligatory:

- Name, area, borders of the fishing section;

- information about the user;

- permitted types of fisheries;

- Terms of use of the fishing section and the procedure for using water bioresours;

- order, conditions and deadlines for making the fee for the use of the fishing section;

- Other conditions that should be provided for by civil law or are negotiated by the parties.

The right to sports-amateur (free) fishing and water biological resourcesfor personal consumption, all citizens of the Russian Federation have in common water reservoirs.

Special rules are established for citizens of the Russian Federation and their associations, which are representatives of small peoples and ethnic communities leading the traditional lifestyle.

For violation of fisheries rules, Russian legislation establishes administrative and criminal liability.

Under the prey (catch) of aquatic bioresources, the Federal Law of December 20, 2004 No. 166-FZ "On the fisheries and preservation of water biological resources" understands the withdrawal of water bioresources from their habitat.

Fisheries is considered as a kind of water bioresources. Fisheries is an activity on the extraction (catch) of water bioresources and in the cases provided for by this federal law on acceptance, processing, overload, transportation, storage and unloading of the catch of aquatic bioresources, the production of fish and other products from aquatic bioresources. It should be said that compared with the first edition of this law, the definition of the concept under consideration expanded significantly, since previously under fisheries was understood only by activities for the extraction of water bioresources.

Traditional for our fisheries is ocean fishing. The main basins of domestic craft are the Atlantic and Pacific Oceans, where more than 88% of the fish are produced. It should be said that the ocean fishing occupied the leading place from the second half of the last century.

Along with the oceanic fishing, the importance of coastal and internal fisheries is gradually increased. At the same time, such types of fishing are used as one or non-well. Carts is the delay and confusion of fish in the cells of the satellite, located on the path of its movement. The principle of operation of non-aqueous fishing is based on the polling of water through the network, as a result of which the caught fish remains in the weapon of fishing or merges in a special bag.

The leading place in the domestic fishing occupies precisely the trawl fishing, which is led by the detachable towing arms of loving, representing cone-shaped net bags equipped with special means for vertical and horizontal disclosure. Other types of fishing still have a slight proportion, but they are constantly being improved.

In the literature, the selectivity of the fishery is divided into "external", depending on the method of seizure and the field-biological properties of the object, and the "internal", depending on the peculiarities of the fishing guns.

Fishing facilities are any aquatic bioresources, extraction (catch) of which is not prohibited.

Water bioresurs include fish, water invertebrates, aqueous mammals, algae, other aquatic animals and plants that are in a state of natural freedom. The law contains the foundation of aquatic animals and plants as the main sign of the object of legal regulation in a state of natural freedom. In addition, these objects should not be prohibited for catch.

In accordance with him, the Federal Agency for Fisheries is developing a list of types of water biological resources related to fisheries facilities, and approves him after agreeing with the Ministry natural resources and ecology of the Russian Federation1.

The list of particularly valuable and valuable types of water bioresources attributed to fishery facilities is approved by the federal executive body in the field of fisheries.

As a basis for classification of fisheries, legislation takes the purpose of fisheries.

Accordingly, they allocate:

1) Industrial fishing is entrepreneurial activity on the search and extraction (catch) of aquatic bioresources, on acceptance, processing, overload, transportation, storage and unloading of the catch of aquatic bioresources, production on the ships of the fishing fleet of fish and other products from these aquatic bioresours;

2) coastal fishing - this is entrepreneurial activity on the search and extraction (catch) of aquatic bioresources, acceptance, processing, transportation, storage and unloading of water bioresources into certain bodies of coastal subjects of the Russian Federation of delivery in the territories of these subjects, including Seaports of the Russian Federation;

3) Fisheries in research and control purposes. These types of fisheries are aimed at studying water bioresources to identify and eliminate the factors of negative impact on them, as well as to maintain their stable level;

4) Fisheries in educational and cultural and educational purposes. It is aimed at studying water bioresources to increase the educational and cultural level.

5) Fisheries for commercial fish farming, reproduction and acclimatization of aquatic bioresources. Fishing for fish farming is activities on the catch of water bioresources in order to cultivate them and, as a rule, the subsequent release into water bodies. Fisheries in order to reproduce and acclimatize aquatic bioresources is aimed at an increase in their population and adaptation to the habitat;

6) Amateur and sports fisheries. Amateur fisheries is an activity on the extraction of water bioresources for personal consumption and for recreational purposes. The purpose of sports fisheries is to define the winner in the mining competitions (catch) of aquatic bioresources;

7) Fisheries in order to ensure the management of the traditional lifestyle and the implementation of the traditional economic activities of the indigenous minorities of the North, Siberia and the Far East of the Russian Federation. This type of fisheries is also called ethnic fisheries, since it is aimed at ensuring the interests of individual peoples (the peoples of the North, Siberia and the Far East of the Russian Federation), whose traditional lifestyle and traditional economic activities are directly related to the extraction of water bioresources1.

The list of the above fisheries are exhaustive.

Subjects of mining activities (catch) aquatic bioresources can be both citizens and legal entities.

It should be said that those types of fishing that relate to entrepreneurial activities, and above all it is industrial and coastal, are carried out by entities of business activities, that is, citizens are individual entrepreneurs and legal entities (primarily commercial). Therefore, fisheries, which is entrepreneurial activities, is prohibited to carry out foreign actors from courts belonging to foreign persons unless otherwise provided by law. This provision is valid from January 1, 2009.

Fisheries can be carried out both with respect to aquatic bioresources, the total permissible catch of which is established and for water bioresources, the total permissible catch of which is not established. Thus, restrictions are established primarily to subjects of fisheries.

To determine the volume of production (catch) of aquatic bioresources, the total allowable catch of which is not established, the declarative procedure is valid. It is determined on the basis of the statement of the person who has the right to prey. This procedure applies to low-value types of water bioresources.

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