Accepted at the thirty sixth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of May 16, 2011 No. 36-6)

THE MODEL FISHERY CODE FOR THE STATE PARTIES OF THE CIS

This Model fishery code for the State Parties of the CIS (further - the Code) establishes the legal basis of activities in the field of fishery, aquacultures and preserving water biological resources aimed at sustainable development of fishery complex, protection of water biological resources and the circle of their dwelling.

The code regulates the legal relationship arising between persons of law who perform the activities connected with aquaculture, fishery and preserving water biological resources determines order of interaction of subjects in the field of fishery with public authorities, and also establishes types of control and supervision of their activities.

The code is aimed at providing rational and unexhausted use of water biological resources, their protection, protection and reproduction proceeding from the principles of steady management of fishery complex and preserving biological diversity of water ecosystems, increases in ecological and resource potential of objects of fishery, requirements satisfaction of society in water bioresources on the basis of their evidence-based use and ensuring food security of the population, also at harmonization of the national legal system in the field of fishery, aquacultures and preserving water bioresources of the State Parties of the Commonwealth of Independent States (further - the State Parties).

Chapter I. General provisions

Article 1. The basic concepts used in this Code

In this Code the following basic concepts are used:

aquaculture - activities for content and cultivation, including cultivation, water animals and plants in semi-manumissions or simulated conditions of dwelling, to carrying out acclimatization and fishery melioration for the purpose of recovery and replenishment action of water bioresources, preserving their biodiversity and the habitat, receipt of products and recreation;

acclimatization of water bioresources - activities for installation of water bioresources of valuable types in water objects of fishery value and creation of their steady populations in water objects of fishery value in which water bioresources of these types did not live earlier or lost the value. Task of acclimatization is increase in productivity and value of reservoirs, improvement of specific structure of fish fauna, preserving and increase in number of separate valuable types of aquatic organisms due to expansion of their area;

anadromous species of fish - species of fish, the water objects of the State Party which are reproduced in fresh water making then migration in the sea for nagul and returning for spawning to places of the reproduction;

biological reasons - documentation regulating fishing activities in the field of aquaculture, acclimatization, fish breeding, fishery melioration and also under the organization of amateur and sports fishery;

water biological resources (water bioresources) - fishes, other water animals and plants (aquatic organisms) which are in condition of natural freedom;

water objects of fishery value - natural reservoirs and water storage basins, fresh and salty reservoirs, waterways, internal waters, including internal sea waters, the territorial sea, waters of the continental shelf and exclusive economic zone, and also their certain sites (water areas) which are or can be the habitat of water biological resources;

far migrating species of fish and other water animals - species of fish and other water animals who carry out the most part of the lifecycle in the high sea and can temporarily migrate in exclusive economic zone of the State Party;

production (catch) of water bioresources - withdrawal of water bioresources from the circle of their dwelling;

share of quota of production (catch) of water bioresources - the part of quota of production (catch) of water bioresources assigned to persons who have right to production (catch) of the water bioresources carried to objects of fishery, and expressed as a percentage;

withdrawal (catching) of objects of aquaculture - withdrawal of objects of aquaculture from the circle of their dwelling, including with use of trade tools of fishing;

foreign users - the foreign legal entities and physical persons performing production (catch) of water biological resources in exclusive economic zone of the State Party according to international treaties of the State Party in the field of fishery and preserving water biological resources;

dwelling simulated conditions - directionally the created and regulated conditions for content and cultivation, including cultivation, water animals and plants;

artificial reproduction of water bioresources - activities for content and cultivation of objects of aquaculture in semi-free conditions of dwelling, acclimatization of water bioresources and fishery melioration of water objects for the purpose of recovery and replenishment action of water bioresources, preserving their biodiversity and the habitat, including elimination of effects of negative impact on them when implementing of the planned economic activity;

quota of production (catch) of water bioresources - the part of general admissible catch of water bioresources determined for the purpose of fishery implementation;

amateur fishery - activities for production (catch) of water biological resources for private consumption without the commercialization purpose;

the isolated water object - the artificial, closed object of surface water which does not have hydrological communication with other superficial water objects created as a result of human activities (pond, the flooded pit, etc.);

general admissible catch of water bioresources - the evidence-based size of annual production (catch) of water bioresources of specific type in certain areas established taking into account features of this type;

aquaculture objects - water animals and plants which are objects of content and cultivation, including cultivation, in semi-manumissions or simulated conditions of dwelling;

executive body of the State Party in the field of fishery - the body of the state executive authority of the State Party performing functions on rendering the state services and management of state-owned property in fishery complex, realizing state policy in the field of rational use, studying, preserving and reproduction of water bioresources, and also equipped with other state functions in the field of fishery and preserving water biological resources. The specified department has territorial subdivisions for realization of the separate tasks and functions established by the national legal system in the corresponding territory and implementation of powers in the fixed field of activity;

semi-free conditions of dwelling - conditions under which water animals and plants carry out part of lifecycle in bondage, and part - in condition of natural freedom;

users of the State Party - the legal entities, physical persons and individual entrepreneurs of the State Party performing production (catch) of water biological resources and registered in the territory of the State Party according to the national legal system;

inshore fishing - business activity on search and production (catch) of water bioresources, acceptance, processing, transportation, storage and unloading of catch of water bioresources in the delivery locations determined by public authorities of coastal administrative-territorial formations of the State Party in the territories of these administrative-territorial educations, including in seaports of the State Party;

aquaculture products - live objects of aquaculture, including the impregnated caviar, larvae, juveniles, the fresh, cooled, refrigerated or processed aquaculture objects, food, including caviar, and not food products of medical, technical and other appointment from them;

trade return of objects of aquaculture - share of artificially made or grown up aquaculture objects in the forecast or actual indicators of withdrawal (catching) received in the course of fish-breeding cycle percentage of number of the Universes;

industrial fishery - business activity on search and production (catch) of water bioresources, acceptance, processing, overload, transportation, storage and unloading of catch of water bioresources, production on vessels of the fishery fleet of fish and other products from these water bioresources;

permission to production (catch) of water bioresources - the document certifying the right to production (catch) of the water bioresources carried to objects of fishery;

recreational fish breeding - activities for content and cultivation, including cultivation, water animals and plants for the purpose of implementation of amateur and sports fishery, aquarium husbandry and other forms of rest of the population;

repair and uterine herds of objects of aquaculture - water animals, including their polovozrely individuals intended for regular receipt of sexual products and (or) the posterities of objects of aquaculture which are in property of the subject of aquaculture;

the fish-breeding site - the water area of water object of fishery value or its part and the part of the land adjoining to it provided in use for maintaining commodity and recreational fish breeding;

fishery - activities for production (catch) of water bioresources and in the cases provided by this Code on acceptance, processing, overload, transportation, storage and unloading of catch of water bioresources, production of fish and other products from water bioresources;

fishery melioration - activities for cultivation and cultivation of water animals and plants for the purpose of biological cleaning of water objects of fishery value (biological melioration), and also implementation of technical actions for improvement of indicators of their hydrological, hydrogeochemical, ecological condition for creation of optimal conditions of reproduction, dwelling and rational use of water bioresources;

the fishery legislation - the regulatory legal acts of the state governing the relations in the field of fishery, aquacultures, preserving water biological resources, and also protection of the circle of their dwelling;

preserving water bioresources - maintenance of water bioresources or their recovery to levels in case of which the maximum steady production (catch) of water bioresources and their biological diversity, by means of implementation on the basis of scientific these measures for studying, protection, reproduction, rational use of water bioresources and protection of the circle of their dwelling can be provided;

sports (including recreational) fishery - the type of active recreation connected with withdrawal and (or) without withdrawal of water biological resources from reservoirs in the competitive or recreational purposes with use of sports tools of fishing (sports tackles);

subjects of aquaculture - the legal entities and physical persons performing activities in the field of aquaculture;

commodity fish breeding - business activity on content and cultivation, including cultivation, aquaculture objects in semi-manumissions and (or) simulated conditions of dwelling for the purpose of their withdrawal, obtaining and realization of products;

cross-border species of fish and other water animals - species of fish and other water animals who are reproduced and carry out the most part of the lifecycle in exclusive economic zone of the State Party and can temporarily migrate out of limits of such zone and to the area of the high sea, adjacent to such zone;

cross-border water objects - the water objects adjacent to the territory of two and more states;

catch of water bioresources - the water bioresources withdrawn from the habitat when implementing industrial fishery, inshore fishing or in the cases of other types of fishery provided by this Code;

authorized body - body of the state executive authority of the State Party or administrative-territorial formation of the State Party, authorized to conduct state policy and equipped with the state functions in certain area of state interests or managing;

economy of aquaculture - the complex combining in itself the water area of water object (or its part), the parcel of land, constructions (including hydrotechnical) and the means of production which are in property or use of the subject of aquaculture.

Article 2. Fishery legislation

1. This Code governs the relations in the field of aquaculture, fisheries and preserving water bioresources and is component of the fishery legislation of the State Parties.

2. The fishery legislation of the State Party consists of the national fishery code, other national laws and other regulatory legal acts.

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