FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 349-FZ

About introduction of amendments to the Federal law "About Fishery and Preserving Water Biological Resources" and separate legal acts of the Russian Federation regarding enhancement of distribution of quotas of production (catch) of water biological resources

Accepted by the State Duma on June 24, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Federal Law of December 20, 2004 No. 166-FZ "About fishery and preserving water biological resources" (The Russian Federation Code, 2004, No. 52, Art. 5270; 2006, No. 1, Art. 10; No. 23, Art. 2380; No. 52, Art. 5498; 2007, No. 1, Art. 23; No. 17, Art. 1933; No. 50, Art. 6246; 2008, No. 49, Art. 5748; 2011, No. 1, Art. 32; No. 30, Art. 4590; No. 48, Art. 6728, 6732; No. 50, Art. 7343, 7351; 2013, No. 27, Art. 3440; No. 52, Art. 6961; 2014, No. 11, Art. 1098; No. 26, Art. 3387; No. 45, Art. 6153; No. 52, Art. 7556; 2015, No. 1, Art. 72; No. 18, Art. 2623; No. 27, Art. 3999) following changes:

1) in Article 1:

a) in part 1:

state Item 10.1 in the following edition:

"10. 1) inshore fishing - business activity on search and production (catch) of water bioresources, transportation, storage, overload of catch of water biological resources, and also fish and other products from water bioresources if its overload and production on vessels of the fishery fleet are provided by this Federal Law, and unloading of catch of water bioresources in the live, fresh, cooled or refrigerated type in seaports of the Russian Federation, to other emptying points established according to this Federal Law;";

state Item 21 in the following edition:

"21) catch of water bioresources - the water bioresources taken (caught) of the habitat.";

b) add with part 3 following of content:

"3. In this Federal Law the concept "group of persons" is used in the value specified in article 9 of the Federal Law of July 26, 2006 to No. 135-FZ "About protection of the competition".";

2) Article 7.1 to recognize invalid;

3) regarding the 2nd Article 13:

a) state Item 2 in the following edition:

"2) production (catch) of water bioresources is performed within two years in a row of less than seventy percent of quota of the production (catch) of water bioresources distributed to person performing industrial fishery and (or) inshore fishing, except as specified:

a) emergence of emergency situations as a result of which production (catch) of water bioresources within year is performed of less than seventy percent of the distributed general admissible catch in relation to the corresponding quota of production (catch) of water bioresources;

b) establishments of the restrictions of fishery provided by Items 1 and 2 of part 1 of article 26 of this Federal Law as a result of which concerning the corresponding quota of production (catch) of water bioresources production (catch) of water bioresources within year is performed of less than seventy percent of the distributed general admissible catch in relation to such quota of production (catch) of water bioresources;";

b) in Item 5 of the word "Article 19" shall be replaced with words "Article 43.4";

c) add with Items 8 - 11 following contents:

"8) person at whom the right to production (catch) of water bioresources is had did not perform unloading of catch of the water bioresources got (caught) when implementing inshore fishing, and also the fish and other products made from such catch on vessels of the fishery fleet according to requirements of this Federal Law;

9) there are bases for early agreement cancelation about fixing and provision of share of quota of production (catch) of water bioresources for the investment purposes specified regarding the 4th article 33.7 of this Federal Law;

10) production (catch) of water bioresources is performed by person having the right to such production (catch) of water bioresources within two years in a row of less than seventy percent of quota of the production (catch) of water bioresources distributed to this person on the vessels of the fishery fleet belonging to it on the property right or used by it based on the agreement of finance lease (the agreement of leasing) or based on the agreement of chartering (bare-boat charter or the time-charter) of the vessels of the fishery fleet belonging on the property right to persons entering one group of persons with this person. The procedure for submission of data on group of persons and data on transition of the rights in group of persons to the fishery vessels belonging on the property right or used based on the agreement of finance lease (the agreement of leasing) for receipt of the right to production (catch) of water bioresources is established by federal executive body in the field of fishery;

11) person having the right to production (catch) of water bioresources is not registered in the territory of the coastal subject of the Russian Federation according to part 4 of article 20 of this Federal Law.";

Part 2 of Article 15 to state 4) in the following edition:

"2. Lists of types of water bioresources concerning which 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), the high sea and areas of action of international treaties of the Russian Federation in the field of fishery and preserving water bioresources are performed (further - areas of action of international treaties) affirm the Government of the Russian Federation. The list of types of water bioresources concerning which industrial fishery in internal waters of the Russian Federation is performed except for of internal sea waters of the Russian Federation, affirms federal executive body in the field of fishery.";

Article 18 to state 5) in the following edition:

"Article 18. Fishing site

1. The fishing site represents water object or its part.

2. The fishing site is allocated for implementation of fishery for the purpose of ensuring maintaining traditional conduct of life and implementation of traditional economic activity of indigenous ethnic groups of the North, Siberia and the Far East of the Russian Federation, and also for the organization of amateur and sports fishery. For implementation of industrial fishery the fishing site is allocated in internal waters of the Russian Federation, except for internal sea waters of the Russian Federation. For production (catch) of anadromous species of fish, the stipulated in Article 29.1 presents of the Federal Law, the fishing site is allocated in internal waters of the Russian Federation and in the territorial sea of the Russian Federation.

3. Borders of fishing sites are determined according to requirements of the Water code of the Russian Federation according to the procedure, established by the Government of the Russian Federation.

4. The fishing site is allocated for one of the purposes specified in this Article.

5. The list of the fishing sites allocated in internal waters of the Russian Federation, including in internal sea waters of the Russian Federation and in the territorial sea of the Russian Federation, affirms executive body of the subject of the Russian Federation in coordination with federal executive body in the field of fishery.";

Article 19 to state 6) in the following edition:

"Article 19. Industrial fishery in sea waters, the high sea and areas of action of international treaties

1. Industrial fishery in sea waters, the high sea and areas of action of international treaties is performed by the legal entities and individual entrepreneurs specified regarding 3rd article 16 of this Federal Law with use or without use of vessels of the fishery fleet.

2. For implementation of industrial fishery in sea waters and in areas of action of international treaties concerning types of water bioresources which general admissible catch is established the specified water bioresources are provided in use based on agreements, the stipulated in Article 33.1 presents of the Federal Law, except as specified, established by part 3 of this Article.

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