ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of April 22, 2019 No. 166

About modification and amendments in some orders of the Ministry of Agriculture of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of orders of the Ministry of Agriculture of the Republic of Kazakhstan to which changes and additions are made.

2. To provide to committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within 10 (ten) calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this order submission to Department of legal service of the Ministry of Agriculture of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

It is approved Ministry of digital development, defense and aerospace industry of the Republic of Kazakhstan

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of April 22, 2019, No. 166

The list of orders of the Ministry of Agriculture of the Republic of Kazakhstan to which changes and additions are made (further - the List)

1. In the order of the Minister of environmental protection of the Republic of Kazakhstan of October 16, 2013 No. 313-O "About approval of the Traffic regulation of water transport during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery" (it is registered No. 32 is published in the Register of state registration of regulatory legal acts No. 8918, on February 15, 2014 (27653) in the Kazakhstanskaya Pravda newspaper):

in the Traffic regulation of water transport during the spawning period, forbidden for fishery, and also in the reservoirs and (or) sites, forbidden for fishery, approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Procedure for water traffic during the spawning period, forbidden for fishery";

10, 11 and 12 to state Items in the following edition:

"10. The statement for approval of the mode of navigation during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery (further - the application) is submitted by means of the web portal of "the electronic government" (further - the portal) in electronic form in form according to appendix 2 to these rules in which the following data are reflected:

1) name and technical parameters of the vessel (length, width, draft);

2) surname, name and middle name (in case of its availability) physical person, the boatmaster (captain) and the name of the legal entity of the shipowner;

3) type, brand, registration number of the vessel, engine capacity and speed of rotation of the rowing screw;

4) navigation purpose;

5) terms and traffic route;

6) parking lot;

7) number and date of the ship ticket or ship certificate.

11. Registration of a statement of department of authorized body by territorial subdivision is made on the portal within one working day (if the statement is adopted after 18:00 hours or on Saturday, then calculation of term for the applicant begins the next working day) from the moment of receipt.

The territorial subdivision of department of authorized body considers the application within two working days from the moment of receipt of the statement and issues approval of the mode of navigation during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery, or directs motivated refusal to the applicant by means of the portal in electronic form with indication of causes of failure.

12. The territorial subdivision of department of authorized body refuses approval on the following bases:

1) establishment of unauthenticity of the documents submitted by the applicant for receipt of approval, and (or) these (data) containing in them;

2) discrepancy of the applicant and (or) the provided materials, objects, supplied and the information, established by these rules;

3) concerning the applicant there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of approval which took legal effect;

4) concerning the applicant there is judgment which took legal effect based on which the applicant is deprived of the special right connected with receipt of approval.";

to state heading of Chapter 3 in the following edition:

"Chapter 3. Final provisions";

appendices 1 and 2 to the specified Rules to be reworded as follows according to appendices 1 and 2 to this List.

2. In the order of the acting minister of agricultural industry of the Republic of Kazakhstan of December 19, 2014 No. 18-04/675 "About approval of Rules of issue of permissions to use of fauna" (it is registered in the Register of state registration of regulatory legal acts No. 10168, it is published on February 6, 2015 in information system of law of Ad_let):

in Rules of issue of the permissions to use of fauna approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

state Item 2 in the following edition:

"2. Permissions to use of fauna (further - permissions) are issued on the following types of special use of fauna:

1) hunting;

2) fishery (trade, amateur (sports), research fishing, meliorative fishing, fishing in the reproduction purposes);

3) use of animals in the scientific, cultural and educational, educational, esthetic purposes, and also for the purpose of prevention of epizooty;

4) use of animal species in the reproduction purposes.";

state Item 5 in the following edition:

"5. Permissions are issued in forms according to appendices 1, of 2, of 3, 4 to these rules.";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Conditions and procedure for issue of permissions";

6, of 7, of 8, 9 and 10 to state Items in the following edition:

"6. Permissions, except for research fishing on the fishery reservoirs located in the territory of two and more areas are issued by local executive bodies within the set limits and quotas of withdrawal of animals.

Permission, for the purpose of research fishing on the fishery reservoirs located on two and more areas is issued by department.

7. Receipt of permission for the purpose of research fishing requires availability of the certificate on accreditation of the subject as subject of scientific and (or) scientific and technical activities according to the procedure, No. 645 determined by the order of the Government of the Republic of Kazakhstan of June 8, 2011 "About approval of Rules of accreditation of subjects of scientific and (or) scientific and technical activities".

8. The application depending on type of use of fauna is submitted by means of the web portal of "the electronic government" (further - the portal) in electronic form in forms according to appendices 5 and 6 to these rules.

9. The following documents are attached to the request:

1) the electronic copy of the payment document about payment for use of fauna, except as specified payments through payment gateway of "the electronic government";

2) the electronic copy of the list of persons participating in withdrawal of objects of fauna except for of hunting, signed by the applicant.

10. Depending on type of use of fauna, except the documents specified in Item 9 of these rules the following documents in addition are attached to the request:

1) on hunting (in case of primary address):

if withdrawal of objects of fauna is made with participation of foreigners - the electronic copy of the contract of the subject of hunting economy with foreigners for the organization of hunting;

2) on research fishing:

the electronic copy of reasons for carrying out scientific works approved by the academic council of the main scientific organization, and the program of research works;

the electronic copy of calculations proving expected amount of withdrawal of objects of fauna;

the electronic copy of the report on results of use of earlier issued permissions (in case of the issued permissions);

3) on fishing in the reproduction purposes:

the electronic copy of biological reasons approved by the academic council of the main scientific organization, except as specified catch for the purposes of accomplishment of the state order on reproduction of fish resources;

4) on use of animals in the scientific, cultural and educational, educational, esthetic purposes, and also for the purpose of prevention of epizooty:

the electronic copy of the statement from the scientific and thematic plan approved by the academic council of the main scientific organization, and the program of research works except epizootic monitoring;

the electronic copy of the annual work plan of the state veterinary organization of authorized body in the field of veterinary science for epizootic monitoring of diseases of animals in the Republic of Kazakhstan;

the electronic copy of the proving materials of withdrawal of objects of fauna (biological reasons with the positive conclusion of the state environmental assessment);

5) on use of animal species in the reproduction purposes:

the electronic copy of the proving materials of withdrawal of objects of fauna (biological reasons with the positive conclusion of the state environmental assessment).";

exclude Item 11;

13, 14 and 15 to state Items in the following edition:

"13. Registration of the request by department or local executive body is made on the portal within one working day (if the statement is adopted after 18:00 hours or on Saturday, then calculation of term for the applicant begins the next working day) from the moment of receipt.

14. Department or local executive bodies consider the request and documents attached to it within three working days from the moment of receipt of the request and make issue of permissions or direct motivated refusal through the portal in electronic form.

Department or local executive bodies within two working days from the moment of receipt of documents of the applicant check completeness of the submitted documents. In case of factual determination of incompleteness of the submitted documents department or local executive bodies within the specified terms direct motivated refusal in further review of the request.

15. Account of issue of permissions is kept in the magazine according to appendix 7 to these rules.

If under the terms of the contract for fishery, fishery it is performed on several fishery reservoirs and (or) sites, and also several vessels, crews or links, the applicant through "personal account" unpacks permission to each site, the vessel, crew or link.";

heading of appendix 2 to the specified Rules to state in the following edition:

"Permission to use of fauna (trade fishing, amateur (sports) fishing, research fishing, meliorative fishing, fishing in the reproduction purposes)";

appendices 3, 5 and 6 to the specified Rules to be reworded as follows according to appendices 3, 4 and 5 to this List.

3. In the order of the Minister of Agriculture of the Republic of Kazakhstan of January 14, 2015 No. 18-04/14 "About approval of Rules of marking of caviar of sturgeon species of fish for trade in the internal and external markets" (it is registered in the Register of state registration of regulatory legal acts No. 10397, it is published on March 11, 2015 in information system of law of Ad_let):

in Rules of marking of caviar of sturgeon species of fish for trade in the internal and external markets approved by the specified order:

to state heading of Chapter 1 in the following edition:

"Chapter 1. General provisions";

state Item 2 in the following edition:

"2. In these rules the following determinations are used:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

2) source code - the letter corresponding to caviar W source - is received from wild fish, With - is received from the fish removed in bondage;

3) administrative authority - authorized body in the field of protection, reproduction and use of fauna;

4) the applicant - physical person or legal entity which submitted the application for receipt of brands for trade in caviar of sturgeon species of fish in the domestic market;

5) identification batch number - number used at the overworking plants and the packaging companies;

6) SITES (CITES) - The convention on international trade in the types of wild fauna and flora which are under the threat of disappearance;

7) reservoir - container in which caviar directly is placed;

8) caviar - the processed unfertilized eggs (berries) of sturgeon species of fish.";

to state heading of Chapter 2 in the following edition:

"Chapter 2. Procedure for marking of caviar of sturgeon species of fish for trade in the internal and external markets";

state Item 9 in the following edition:

"9. Production of brand for the foreign market is provided with persons performing trade in caviar in form according to appendix 2 to these rules in the quantity necessary for marking of amount of caviar specified in the import permit the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of the animal species falling under operation of the Convention on international trade in the types of wild fauna and flora which are under the threat of the disappearance (further - permission) issued by administrative authority according to the subitem 10) of Item 1 of article 9 of the Law.

The administrative authority assigns accounting series and number to brands for the foreign market according to data by the number of the reservoir specified in the statement for receipt of the export permit of caviar for receipt of permission. Series and number of brands for the foreign market, and also the reference to form of brands for the foreign market is specified in permission.

Persons who got the export permit of caviar of sturgeon species of fish make brands for the foreign market in the Republican state company on the right of economic maintaining "Banknote factory of National Bank of the Republic of Kazakhstan" (further - Banknote factory) according to data of the Administrative authority sent to the address of Banknote factory.

Physical persons or legal entities annually till the February 1 following after accounting year represent to administrative authority of the data on use of brands for the foreign market in writing, with indication of quantity of the used brands for the foreign market and unused with indication of the reasons of their non-use.";

12, 13 and 14 to state Items in the following edition:

"12. For acquisition of brands for trade in caviar of sturgeon species of fish in the domestic market the applicant submits the application to the State corporation or for the web portal of "the electronic government" (further - the portal) in form according to appendix 3 to these rules with the following data and documents attached to it:

1) if the declared caviar:

natural - it is received from the fishes caught from natural reservoirs (wild) it is necessary to specify number and date of the certificate of origin of the catch issued by territorial subdivisions of authorized body according to Item 1-3 of article 26 of the Law, confirmatory legality of catch of sturgeon species of fish of which the declared caviar was made (further - the reference) in the statement in form according to appendix 3 to these rules or the purchase and sale agreement with appendix of the reference;

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