ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 31, 2024 No. 1206

About approval of Rules of the organization and holding electronic auctions selling the right to the conclusion of the agreement on fixing of share of quota of production (catch) of water biological resources, the agreement of use of water biological resources, the agreement of use of the fishing site

According to article 38 of the Federal law "About Fishery and Preserving Water Biological Resources" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the organization and holding electronic auctions selling the right to the conclusion of the agreement on fixing of share of quota of production (catch) of water biological resources, agreements of use of water biological resources, agreements of use of the fishing site.

2. In the paragraph the sixteenth the subitem "an" of Item 1 of the order of the Government of the Russian Federation of September 10, 2012 No. 909 "About determination of the official site of the Russian Federation on the Internet for placement of information on tendering and introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2012, No. 38, Art. 5121; 2013, No. 29, Art. 3974; 2014, No. 8, Art. 819; 2015, No. 7, Art. 1045; No. 41, Art. 5654; No. 49, Art. 6979; 2016, No. 37, Art. 5501; No. 47, Art. 6675; 2017, No. 43, Art. 6342; No. 44, Art. 6514; 2018, No. 31, Art. 5002; No. 53, Art. 8666; 2020, No. 37, Art. 5713; No. 39, Art. 6043, 6070; No. 43, Art. 6800; No. 48, Art. 7731; 2021, No. 26, Art. 4968; No. 42, Art. 7126; No. 43, Art. 7276; 2022, No. 32, Art. 5843; 2023, No. 5, Art. 790; No. 18, Art. 3313; No. 28, Art. 5204; No. 51, Art. 9367; 2024, No. 32, Art. 4854):

words of "shares of quotas" shall be replaced with words "quota shares";

add with words ", agreements of use of the fishing site".

3. Recognize invalid acts and separate provisions of acts of the Government of the Russian Federation according to the list according to appendix.

4. This resolution becomes effective since September 1, 2024.

Approved by the Order of the Government of the Russian Federation of August 31, 2024 No. 1206

Rules of the organization and holding electronic auctions selling the right to the conclusion of the agreement on fixing of share of quota of production (catch) of water biological resources, agreements of use of water biological resources, agreements of use of the fishing site

I. General provisions

1. These rules establish procedure for preparation, the organization and holding electronic auctions selling the right to the conclusion of the agreement on fixing of share of quota of production (catch) of water biological resources (further respectively - water bioresources, the agreement on fixing of share of quota), agreements of use of water bioresources, agreements of use of the fishing site.

2. Auction subject (lot) is the right to the conclusion:

a) agreements on fixing of share of quota or the agreement of use of water bioresources in the cases provided by parts 1 and 2 of Article 13, Article 29 and Items 1 and 3 of part 10 of article 31 of the Federal law "About Fishery and Preserving Water Biological Resources" (further - the Law on fishery);

b) agreements of use of the fishing site.

3. Auction objects (lots) are created in the following procedure:

a) under the organization of auction in the cases provided by parts 1 and 2 of article 13 of the Law on fishery auction objects (lots) are created according to earlier signed agreements on fixing of share of quota and (or) agreements of use of water bioresources which termination according to the Law on fishery became the basis for holding the auction, and the sizes of such objects of auction (lots) correspond to the sizes of share of quota of production (catch) of water bioresource specified in agreements on fixing of share of quota and (or) the amounts of production (catch) of water bioresource specified in agreements of use of water bioresources;

b) under the organization of auction in cases, stipulated in Article 29 and Items 1 and 3 of part 10 of article 31 of the Law on fishery, the quantity and the size of objects of auction (lots) are created according to the technique approved by the Ministry of Agriculture of the Russian Federation;

c) under the organization of auction for sale of the right to the conclusion of the agreement of use of the fishing site the quantity of objects of auction (lots) is created on fishing sites which are included in the list of fishing sites approved by executive body of the subject of the Russian Federation (further - authority of the subject) in coordination with Federal Agency for Fishery according to requirements of article 18 of the Law on fishery, are not encumbered with agreements of use of fishing sites and allocated for implementation of industrial fishery or the organization of amateur fishery. The right to the conclusion of the agreement of use of the fishing site to each fishing site constitutes separate subject of auction (lot).

4. The auction is held on electronic platform which operator is included in the list of operators of electronic platforms approved in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs (further respectively - the operator of an electronic trading platform, electronic platform).

5. The legal entities and individual entrepreneurs specified regarding 3rd article 16 of the Law on fishery (further respectively - legal entities, individual entrepreneurs), information on tendering (www.torgi.gov.ru) (further - the official site) according to the procedure determined by the Federal Treasury registered on the official site of the Russian Federation on the Internet for placement can be participants of auction.

The legal entities and individual entrepreneurs registered on the official site are considered registered on electronic platform no later than the working day following behind day of registration of legal entities and individual entrepreneurs on the official site.

6. Organizers of auctions are:

a) Federal Agency for Fishery - when holding auctions in the cases provided by the subitem "an" of Item 2 of these rules selling the right to the conclusion:

agreements on fixing of share of quota for implementation of industrial fishery and (or) inshore fishing in internal sea waters of the Russian Federation, in the territorial sea of the Russian Federation, on the continental shelf of the Russian Federation, in exclusive economic zone of the Russian Federation, the Caspian Sea (further - sea waters) and areas of action of international treaties of the Russian Federation in the field of fishery and preserving water bioresources (further - areas of action of international treaties);

agreements of use of water bioresources for implementation of industrial fishery in sea waters, the high sea and areas of action of international treaties;

agreements of use of water bioresources for implementation of industrial fishery in internal water objects concerning anadromous species of fish which regulation of production (catch) is not performed according to article 29.1 of the Law on fishery, and catadromous species of fish;

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