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LAW OF UKRAINE

of March 21, 2023 No. 2989-IX

About modification of some legal acts of Ukraine concerning enhancement of state regulation in the field of fishery, preserving and rational use of water bioresources and the sphere of aquaculture

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following legal acts of Ukraine:

1. Article 335 of the Civil code of Ukraine (2003, Art. No. No. 40-44, 356) to add sheets of the Verkhovna Rada of Ukraine with part five of the following content:

"5. Features of finding of the property right to ownerless hydraulic engineering constructions for the purposes of aquaculture are determined by the law".

2. Third of article 2 of the Law of Ukraine "About authorization system in the field of economic activity" (Sheets of the Verkhovna Rada of Ukraine, 2005, No. 48, of Art. 483 with the following changes) to add part with the paragraph of the following content:

"Issue, refusal in issue, renewal, cancellation of permission to special use of water bioresources in fishery water objects (their parts) (for implementation of industrial fishery, pilot catch), permissions to special use of water bioresources outside jurisdiction of Ukraine, the registration form of catch (export, re-export) of the Antarctic and Patagonian canines, confirmation of origin of water bioresources (the certificate of legality of extraction of water bioresources from the circle of their existence for export of products of catching, the certificate of re-export of the imported catching products, form of confirmation of conversion of the imported fishing products for their export), import permits and export of samples of types of wild fauna and flora, the certificate on traveling exhibitions, re-export and introduction from the sea of the specified samples which are subjects to regulation of the Convention on international trade in types of wild fauna and flora, being under the threat of disappearance, regarding sturgeon species of fish and products made from them are performed according to this Law taking into account the features determined by the Law of Ukraine "About fishery, industrial fishery and protection of water bioresources".

3. 138, 140-142 Lists of documents of the allowing nature in the field of economic activity approved by the Law of Ukraine "About the list of documents of allowing nature in the field of economic activity" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 47, of Art. 532 with the following changes) to state Items in the following edition:

4. In the Law of Ukraine "About fishery, industrial fishery and protection of water bioresources" (Sheets of the Verkhovna Rada of Ukraine, 2012, No. 17, Art. 155 with the following changes):

Shall be replaced with words 1) in preamble of the word of "local self-government" "local government bodies", and words "internal water objects of Ukraine" - words "water objects (their parts)";

2) in Article 1:

in part one:

word in paragraph nine of "vessels of the fleet of fish industry" shall be replaced with words "fishing boats";

paragraphs the eleventh, fourteenth and fifteenth to state in the following edition:

"the quota of production (catch) - part of general limit of special use of water bioresources which is intended for subjects of fishery on specific fishery water object (its part) and is determined in full sizes from general limit of special use of water bioresources";

"the limit of special use of water bioresources amounts of production (catch) of specific types (groups of types) of water bioresources on the corresponding fishery water object (its part) established for calendar year for the purpose of economical use and prevention of limiting exceeding of amount of exhaustion of inventories of water bioresources which intensively are operated and/or characterized by unsatisfactory condition;

amateur fishery - free production (catch) of water bioresources according to the procedure of general use in allowed volumes for personal needs (without sales right) the catching tools determined for this purpose by rules of fishery. In other cases amateur fishery is performed on the right of special use for a fee";

in the paragraph the sixteenth "fishing" to replace the word with the word of "fishing";

in paragraphs the seventeenth and nineteenth "fishing" to replace the word with the word "fishing";

in the paragraph twenty third shall be replaced with words words of "vessels of the fleet of fish industry and tools of catch" "fishing boats and tools of fishing", and after words "water objects" to add with words "(their parts)";

the twenty fourth to exclude the paragraph;

in the paragraph the twenty fifth shall be replaced with words the words "products of trade of the Ukrainian origin-different types" "products made from water bioresources - different types", and words "vessels of the fleet of fish industry" - words "fishing boats";

in the paragraph the twenty sixth shall be replaced with words words of "vessels of the fleet of fish industry" "fishing boats";

in the paragraph the twenty ninth to exclude the words "and sports";

the thirtieth to state the paragraph in the following edition:

"fishery production (catch) of water bioresources in fishery water objects (their parts)";

to state paragraphs of the thirty fifth and thirty sixth in the following edition:

"rybopriyemny Item - the capacity intended for accounting which is specially located and equipped according to the requirements established by the legislation of the got (caught) water bioresources and products from them both meeting veterinary health requirements and got operational permission to implementation of economic activity;

the fishing judgment specialized freighter equipped for implementation of industrial fishery and pilot catch, cabotage swimming, the training or other specialized freighter used for implementation of fishing activities, protection of water bioresources including the vessel for acceptance, conversion, overload, transportation, storage of catch of water bioresources and products of their conversion and also for supply of fuel, water, food, container and other materials";

to add the paragraph of the thirty eighth after words of "general use" with the words "and special use of water bioresources";

in the paragraph the thirty ninth words "legal entity or physical person" shall be replaced with words "the legal entity or the physical person - the entrepreneur";

the forty first to exclude the paragraph;

add taking into account alphabetic procedure with terms of the following content:

"pilot catch - the generalized name of such types of production (catch) of water bioresources as research, scientific and industrial, developmental, meliorative catch";

"developmental catch getting (catch) of water bioresources for the purpose of clarification of feasibility of use of tools of fishing, fishing boats for trade implementation";

"electronic trade system - the two-level information and communication system including the central database and electronic platforms which interact with the central database via the interface of programming of appendices of the central database. The electronic trading system provides possibility of creation, placement, promulgation and exchange of information and documents electronically, necessary for holding the auction electronically";

"Single state electronic management system industry of fishery - the nation-wide automated electronic and communication system of ensuring access to information on industry of fishery and its network providing creation, collection, obtaining, storage, use, distribution, protection, information security, and also electronic interaction between physical persons and legal entities, physical persons - entrepreneurs, subjects of provision public (electronic public) services, including administrative, the centers of provision of administrative services for the purpose of obtaining public (electronic public) services in the field of fishery";

"meliorative catch getting (catch) of water bioresources for the purpose of forming of their optimum specific and age composition or receipt of biological material for artificial reproduction of their inventories and implementation of aquaculture";

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