ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 16, 2023 No. 1928

About approval of Rules of establishment of fishery reserved zones, changes of their borders, decision makings about the termination of existence of fishery reserved zones

According to article 49 of the Federal law "About Fishery and Preserving Water Biological Resources" and article 106 of the Land code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of establishment of fishery reserved zones, changes of their borders, decision makings about the termination of existence of fishery reserved zones.

2. Declare invalid the order of the Government of the Russian Federation of October 5, 2016 No. 1005 "About approval of Rules of formation of fishery reserved zones" (The Russian Federation Code, 2016, No. 41, the Art. 5844).

3. Item 167 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" are not applied (Russian Federation Code, 2021, No. 2, Art. 471), to exclude.

4. Realization of the powers provided by this resolution is performed by the corresponding federal executive bodies within the number of their workers, and also budgetary appropriations provided by it in the federal budget on management and management in the field of the established functions and powers established by the Government of the limiting Russian Federation.

5. This resolution becomes effective since September 1, 2024 and is effective till September 1, 2030.

Approved by the Order of the Government of the Russian Federation of November 16, 2023 No. 1928

Rules of establishment of fishery reserved zones, changes of their borders, decision makings about the termination of existence of fishery reserved zones

1. These rules determine procedure for establishment of fishery reserved zones, changes of their borders, decision makings about the termination of existence of fishery reserved zones.

2. Establishment of fishery reserved zones is directed to preserving water biological resources (further - water bioresources), including to preserving conditions for their reproduction, and creation of conditions for development of aquaculture (fish breeding) and fishery.

3. Fishery reserved zones are established is termless.

4. Types of water bioresources for the purpose of which protection and preserving the fishery reserved zone is established are determined based on the list of especially valuable and valuable types of water bioresources approved according to part 3 of article 15 of the Federal law "About Fishery and Preserving Water Biological Resources".

5. In case of delimitation of fishery reserved zone are considered:

a) data of the state monitoring of water bioresources testimonial of need of establishment of fishery reserved zone;

b) value of especially valuable and valuable types of water bioresources for the purpose of which preserving the fishery reserved zone, for development of aquaculture (fish breeding) and fishery, and also their biological features is established;

c) availability of the negative factors connected with implementation of the economic or other activity making impact on condition of water bioresources and the circle of their dwelling up to loss of trade value by them.

6. The size (area) of fishery reserved zone and its border are determined taking into account extent and (or) the area of the water area of water object of fishery value (further - water object) or its part and the size of the territory, adjacent to water object or its part.

The size of the territory, adjacent to water object or its part, is determined taking into account land relief, and also other physiographic conditions providing preserving especially valuable and valuable types of water bioresources.

The territory, adjacent to water object or its part, shall not exceed distances of 5 kilometers from borders of water object and if do not join in borders of fishery reserved zone mountain and forests, - 3 kilometers.

7. Fishery reserved zones are not established in borders:

a) especially protected natural territories of federal and regional importance;

b) the areas used for the benefit of defense of the Russian Federation, and approaches to them;

c) sea regions of arrangement of subjects to navigation and hydrographic safety of navigation, including their conservation zones;

d) seaports, the established ways of movement of courts, including waterways and sea channels, sea corridors and schemes of separation of movement in the territorial sea, contiguous zone and exclusive economic zone of the Russian Federation;

e) areas of burial of ground soil;

e) sea areas with special conditions of swimming, including areas, forbidden and temporarily dangerous to swimming, in which are completely or temporarily limited swimming, statement on anchor, dredging, explosive and other underwater works, flight, lag, landing (landing on water) of aircraft and other activities;

g) sea regime and the former the flooded explosives, dangerous from min. areas, and also areas.

8. The graphical description of location of borders of fishery reserved zone, the list of coordinates of characteristic points of these borders in the state system of coordinates and in the system of coordinates installed for maintaining the Single state real estate register (further - the graphical description), are drawn up in electronic form (XML format) according to form and requirements which are established by Federal Registration Service.

9. Designation on the area of borders of fishery reserved zone is performed by means of establishment of special information signs according to the procedure, established by Federal Agency for Fishery.

10. The list of types of economic and other activity which are prohibited fully or partially it is permanent or temporary or are limited in fishery reserved zone (further - restrictions of economic and other activity), it is established from the types of activity specified regarding 3rd article 49 of the Federal law "About Fishery and Preserving Water Biological Resources".

11. The economic and other activity performed about day of establishment of fishery reserved zone in accordance with the legislation of the Russian Federation in the field of environmental protection and the legislation of the Russian Federation in the field of fishery and preserving water bioresources is not limited.

At the same time from the date of decision making about establishment of fishery reserved zone or change of its borders on the parcels of land located in borders of such zone are not allowed construction, use of buildings, constructions resolved use (appointment) of which does not correspond to the restrictions of use of the parcels of land provided by the decision on establishment of fishery reserved zone or change of its borders and also other use of the parcels of land which is not corresponding to the specified restrictions. Reconstruction of the specified buildings, constructions can be performed only by their reduction in compliance with the restrictions of use of the parcels of land set in borders of fishery reserved zone.

12. Decisions on establishment of fishery reserved zones, change of their borders or on the termination of existence of fishery reserved zones are accepted by the Ministry of Agriculture of the Russian Federation.

13. Decisions on establishment of fishery reserved zones, change of their borders or on the termination of existence of fishery reserved zones are accepted based on biological reasons for establishment of fishery reserved zones, change of their borders or the termination of existence of fishery reserved zones.

14. Preparation of biological reasons for establishment of fishery reserved zones, changes of their borders or the termination of existence of fishery reserved zones is provided on a grant basis with the federal public budget scientific institution subordinated to Federal Agency for Fishery performing the state monitoring of water bioresources based on the state task.

15. The basis for preparation of biological reasons for establishment of fishery reserved zone is availability at least 2 of the following conditions:

a) availability (or risk of emergence) the negative factors influencing condition of water bioresources and the circle of their dwelling up to loss of trade value by them;

b) availability of especially valuable and valuable types of water bioresources in water object according to the state monitoring of water bioresources, and also value of especially valuable and valuable types of water bioresources for the purpose of which preserving the fishery reserved zone, for development of aquaculture (fish breeding) and fishery is established;

c) the reducing the area of spawning areas of water bioresources and habitats of their juveniles established based on the water bioresources this the state monitoring;

d) decrease within 3 years of efficiency of natural reproduction of water bioresources more than for 20 percent from the initial condition established based on the water bioresources this the state monitoring.

16. Change of borders of fishery reserved zone is performed in the presence of change at least one of conditions which were the basis for preparation of biological reasons for establishment of fishery reserved zone.

17. The termination of existence of fishery reserved zone is performed in case of exception of conditions which were the basis for preparation of biological reasons for establishment of fishery reserved zone.

18. Preparation of biological reasons for establishment of fishery reserved zones, changes of their borders or the termination of existence of fishery reserved zones is performed at the initiative of Federal Agency for Fishery or based on the statement of the legal entity and (or) the individual entrepreneur, public authority of the subject of the Russian Federation or local government body (further respectively - the statement, the applicant) given to Federal Agency for Fishery personally or directed by the mailing with the inventory of investment or in the form of the electronic document signed by the strengthened qualified digital signature with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)".

19. The following data are specified in the statement:

a) about the applicant:

full name of public authority of the subject of the Russian Federation or full name of local government body;

for the legal entity:

the complete and reduced (in the presence) names; form of business;

primary state registration number, location address, e-mail address (in the presence); for the individual entrepreneur: surname, name, middle name (in the presence);

residence, primary state registration number, postal address, e-mail address (in the presence);

b) the name of fishery basin, water object or its part in which limits it is planned to establish fishery reserved zone (to change borders or to stop existence of fishery reserved zone);

c) the name of the subject (subjects) of the Russian Federation, municipal (municipal) formations (educations) and settlements, in the territory (territories) of which is or to the territories of which water object or its part in which borders it is planned to establish fishery reserved zone adjoins (to change borders or to stop existence of fishery reserved zone).

20. Are enclosed to the application:

a) the data on borders of expected fishery reserved zone or on the offered changes of borders of fishery reserved zone described in geographical coordinates (with indication of system of coordinates), and also the area or length of water object or its part in which borders it is planned to establish fishery reserved zone (to change its borders), with the adjacent territory (in the presence of such data);

b) the data on types of water bioresources and also this about places of their dwelling, including places of reproduction, wintering, nagul, ways of migrations of water bioresources for the purpose of which preserving it is offered to establish fishery reserved zone or to change borders of fishery reserved zone (in the presence of such data);

c) offers on restriction of economic and other activity (in the presence) from the types of activity specified regarding 3rd article 49 of the Federal law "About Fishery and Preserving Water Biological Resources".

21. The bases for refusal in preparation of biological reasons for establishment of fishery reserved zone, change of its borders or the terminations of existence of fishery reserved zone are:

a) lack of data of the state monitoring of water bioresources on condition of water bioresources and the circle of their dwelling in water object or its part;

b) not reference of water object or its part to water objects of fishery value (concerning preparation of biological reasons for establishment of fishery reserved zone).

22. The Federal Agency for Fishery within 2 working days from the date of decision making about refusal in preparation of biological reasons for establishment of fishery reserved zone, change of its borders or the terminations of existence of fishery reserved zone sends to the applicant the notification on such refusal with indication of the basis, stipulated in Item 21 these rules, in that type and format in which the statement arrived.

23. The applicant has the right to appeal refusal, stipulated in Item 22 these rules, according to the procedure, established by the legislation of the Russian Federation.

24. The procedure for preparation of biological reasons for establishment of fishery reserved zones, changes of their borders or the termination of existence of fishery reserved zones is determined by the Ministry of Agriculture of the Russian Federation.

25. The Federal Agency for Fishery based on the data containing in biological reasons for establishment of fishery reserved zone, change of its borders or the terminations of existence of fishery reserved zone within 20 working days from the date of receipt of such biological reasons develops the draft decision about establishment of fishery reserved zone, change of its borders or about the termination of existence of fishery reserved zone and sends it with appendix of the corresponding biological reasons to the Ministry of Agriculture of the Russian Federation.

26. The draft decision specified in Item 25 of these rules is sent by the Ministry of Agriculture of the Russian Federation for approval within 5 working days from the date of its receipt in the Ministry of Agriculture of the Russian Federation:

a) in the Ministry of Natural Resources and Environmental Protection of the Russian Federation and the Ministry of Defence of the Russian Federation;

b) in executive bodies of subjects of the Russian Federation in which territories establishment of fishery reserved zone is supposed or in the territories of which the fishery reserved zone which borders are offered to be changed is established or existence of which is offered to be stopped;

c) in Federal Security Service of the Russian Federation if establishment (change of borders, the existence termination) of fishery reserved zone is supposed in the border territory (including internal sea waters of the Russian Federation and the territorial sea of the Russian Federation);

d) in the Ministry of Transport of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Ministry of Energy of the Russian Federation, Federal Agency for Subsoil Management and State Atomic Energy Corporation "Rosatom" if restrictions of economic and other activity are provided in fishery reserved zone.

27. Approval of the draft decision specified in Item 25 of these rules the federal executive bodies specified in Item 26 of these rules is performed according to the procedure and terms which are established by the Rules of preparation of regulatory legal acts of federal executive bodies and their state registration approved by the order of the Government of the Russian Federation of August 13, 1997 No. 1009 "About approval of Rules of preparation of regulatory legal acts of federal executive bodies and their state registration".

28. The bases for refusal in decision making about establishment of fishery reserved zone, change of its borders or about the termination of existence of fishery reserved zone are:

a) imposing of borders of fishery reserved zone on borders of the territories, stipulated in Item 7 these rules (in case of establishment of fishery reserved zone or change of its borders);

b) availability of not settled issues with the executive bodies of subjects of the Russian Federation specified in the subitem "b" of Item 26 of these rules.

29. The decision on establishment of fishery reserved zone, change of its borders or on the termination of existence of fishery reserved zone affirms the order of the Ministry of Agriculture of the Russian Federation.

30. The Ministry of Agriculture of the Russian Federation within 5 working days from the date of entry into force of the order on establishment of fishery reserved zone, change of its borders or about the termination of existence of fishery reserved zone places information on establishment of fishery reserved zone, change of its borders or on the termination of existence of fishery reserved zone on the official site on the Internet and in accordance with the established procedure in federal state information system of territorial planning.

 

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