ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 25, 2016 No. 1244

About modification of the Regulations on Federal Agency for Fishery and Regulations on the Ministry of Agriculture of the Russian Federation

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to Regulations on Federal Agency for Fishery and Regulations on the Ministry of Agriculture of the Russian Federation.

2. Realization of the powers provided by this resolution is performed by the Ministry of Agriculture of the Russian Federation and Federal Agency for Fishery within the number of employees of the Ministry and the Agency and budgetary appropriations provided by it in the federal budget on management and management in the field of the established functions established by the Government of the limiting Russian Federation.

3. The subitem "b" of Item 1, subitems "b" and "z" of Item of 2 changes approved by this resolution become effective since January 1, 2018.

Paragraphs the fourth - the sixth the subitem "v" of Item 1, the subitem "an" and the paragraph of the sixth of the subitem "zh" of Item 2 of the specified changes become effective since April 1, 2018.

Subitems "a", "g" and "d" of Item 1, subitems "v" and "d", paragraphs the third and fourth the subitem "zh" of Item 2 of the specified changes become effective since January 1, 2019.

Approved by the Order of the Government of the Russian Federation of November 25, 2016 No. 1244

Changes which are made to Regulations on Federal Agency for Fishery and Regulations on the Ministry of Agriculture of the Russian Federation

1. In Regulations on the Federal Agency for Fishery approved by the order of the Government of the Russian Federation of June 11, 2008 No. 444 "About Federal Agency for Fishery" (The Russian Federation Code, 2008, No. 25, Art. 2979; 2011, No. 47, Art. 6656; 2012, No. 28, Art. 3900; 2014, No. 10, Art. 1035; 2015, No. 50, Art. 7173):

a) in subitem 5.4.3 of the word "about use of fishery" shall be replaced with words "uses fishing";

b) in subitem 5.5.4 of the word "on the continental shelf and in exclusive economic zone of the Russian Federation, the Azov and Caspian seas" shall be replaced with words "on the continental shelf of the Russian Federation, in exclusive economic zone of the Russian Federation and the Caspian Sea";

c) state subitem 5.5.7 in the following edition:

"5.5.7. distribution in accordance with the established procedure:

between legal entities and individual entrepreneurs of quotas of production (catch) of the water biological resources provided on the investment purposes in the field of fishery for implementation of industrial fishery and (or) inshore fishing;

between legal entities and individual entrepreneurs of quotas of production (catch) of water biological resources 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 and the Caspian Sea for implementation of industrial fishery and (or) inshore fishing;

between legal entities and individual entrepreneurs of quotas of production (catch) of the water biological resources provided to the Russian Federation in areas of action of international treaties for implementation of industrial fishery and (or) inshore fishing;

quotas of production (catch) of water biological resources in exclusive economic zone of the Russian Federation for the foreign states established according to international treaties of the Russian Federation in the field of fishery and preserving water biological resources;";

d) in subitem 5.5.10 "fishery" to replace the word with the word of "fishing";

e) in subitem 5.5.11 "fishery" to replace the word with the word "fishing";

e) in subitem 5.5.24 of the word of "industrial quotas of production (catch) of water biological resources and shares of quotas of production (catch) of water biological resources for implementation of industrial fishery" shall be replaced with words "the rights to the conclusion of the agreement on fixing of shares of quotas of production (catch) of water biological resources, agreements of use of water biological resources";

g) add with subitems 5.5.33 and 5.5.34 of the following content:

5.5.33. signing of the act of release when implementing pasturable aquaculture 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, and also concerning anadromous species of fish (the Pacific salmons);

5.5.34. statement of structure of basin scientific and trade councils.".

2. In Regulations on the Ministry of Agriculture of the Russian Federation approved by the order of the Government of the Russian Federation of June 12, 2008 No. 450 "About the Ministry of Agriculture of the Russian Federation" (The Russian Federation Code, 2008, No. 25, Art. 2983; No. 32, Art. 3791; 2009, No. 3, Art. 378; No. 9, Art. 1119; 2010, No. 5, Art. 538; No. 23, Art. 2833; No. 31, Art. 4262; No. 40, Art. 5068; 2011, No. 12, Art. 1652; No. 18, Art. 2649; 2012, No. 28, Art. 3900; 2013, No. 10, Art. 1038; 2014, No. 10, Art. 1035; No. 28, Art. 4068; 2015, No. 11, Art. 1611; No. 35, Art. 4981; No. 38, Art. 5297; No. 47, Art. 6603; 2016, No. 33, Art. 5188; No. 35, Art. 5349; No. 47, Art. 6650):

a) subitem 5.2.25 (to state 49) in the following edition:

"5.2.25 (49). the list of types of water biological resources concerning which industrial fishery in internal waters of the Russian Federation, except for internal sea waters of the Russian Federation is performed;";

b) subitem 5.2.25 (to declare 55) invalid;

c) subitem 5.2.25 (to declare 56) invalid;

d) subitem 5.2.25 (to declare 57) invalid;

e) in subitem 5.2.25 (59) the words "and their types" shall be replaced with words "their types, requirements to their use and procedure for control of functioning of such technical means of control;";

e) subitem 5.2.25 (to add 64) after the words "general admissible catch" with words of "water biological resources";

g) add with subitems 5.2.25 (111) - 5.2.25(115) following contents:

"5.2.25 (111). procedure for inclusion of types of water biological resources in the list of types of water biological resources concerning which general admissible catch of water biological resources, or exceptions of types of water biological resources of the specified list is established;

5.2.25 (112). the procedure for the conclusion of the agreement of use of the fishing site for implementation of industrial fishery concerning anadromous species of fish, production (catch) of which is regulated by Article 29 (1) the Federal Law "About Fishery and Preserving Water Biological Resources";

5.2.25 (113). procedure for submission of data on group of persons which the person having the right to production (catch) of water biological resources and performing production (catch) of water biological resources 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 and data on transition of the rights in such 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 biological resources enters;

5.2.25 (114). procedure for the conclusion of the non-paid agreement of use of the fish-breeding site without tendering (tenders, auctions) with the non-commercial fish-breeding farms performing the aquaculture (fish breeding) relating to preserving water biological resources;

5.5.25 (115). procedure for filing of application about determination of type of the fishery performed in settlement year,-faced with which the agreement on fixing of share of quota of production (catch) of water biological resources 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 and the Caspian Sea or the agreement on fixing of share of quota of the production (catch) of water biological resources provided to the Russian Federation in areas of action of international treaties for implementation of industrial fishery and (or) inshore fishing is signed;";

h) in subitem 5.5.32 of the word "on the continental shelf and in exclusive economic zone of the Russian Federation, the Azov and Caspian seas" shall be replaced with words "on the continental shelf of the Russian Federation, in exclusive economic zone of the Russian Federation and the Caspian Sea".

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