Federal Law On Introducing Amendments to FEDERAL LAW ON FISHERY AND CONSERVATION OF AQUATIC BIOLOGICAL RESOURCES and to separate legislative enactments of the Russian Federation. Part 1, to be continued
Adopted by the State Duma on 16 November 2007
Approved by the Federation Council on 23 November 2007
Article 1.
The following amendments shall be introduced to the Federal Law No.166-FZ dated 20 December 2004 On Fishery And Conservation Of Aquatic Biological Resources (Collected laws of the Russian Federation, 2004, N 52, Article 5270; 2006, N 1, Article 10; N 23, Article 2380; N 52, Article 5498; 2007, N 1, Article 23; N 17, Article 1933):
1) In Article 1:
a) Clause 9 shall be worded as follows:
"9) Fishery is an activity concerned with aquatic bioresources capture as well as their processing, transportation and storage;";
b) Clause 11 shall be declared invalid;
c) Clause 12 shall be worded as follows:
"12) A total allowable catch of aquatic bioresources is a science-based value of the annual capture of aquatic bioresources of specific kind in certain areas defined taking into account peculiarities of the species;";
d) Clause 13 shall be worded as follows:
"13) A quota of capture of aquatic bioresources is a part of the total allowable catch of aquatic bioresources defined for the purpose of conduct of fishery;";
e) Clause 14 shall be worded as follows:
"14) A share of a quota of capture of aquatic bioresources is a part of quota of capture of aquatic bioresources, assigned to the persons who shall be entitled to the right of capture of aquatic bioresources specified as objects of fishery, and expressed in per cent;";
f) Clause 15 shall be declared invalid;
g) Clause 19 shall be worded as follows:
"19) Permit for aquatic bioresources' capture is a document, which ascertains the right of capture of aquatic bioresources specified as objects of fishery.";
2) In Article 2:
a) In the article's title the words "Legislation On Aquatic Bioresources" shall be changed to "Legislation On Fishery and Conservation of Aquatic Bioresources";
b) In Part 1:
In the first paragraph the words "Legislation on aquatic bioresources" shall be changed to "Legislation on fishery and conservation of aquatic bioresources";
Clause 4 shall be worded as follows:
"4) Establishment of differential legal regime of aquatic bioresources, specified as objects of fishery, according to which when defining legal regime of the specified aquatic bioresources one shall take into consideration their biological peculiarities, economic value, availability for exploitation and other factors;";
Clause 5 shall be worded as follows:
"5) Participation of citizens, public associations, associations of juridical entities (associations and unions) in the solution of problems related to fishing and conservation of aquatic bioresources, according to which citizens, public associations and associations of juridical entities (associations and unions) have the right to take part in preparation of decisions capable of making an impact on the condition of aquatic bioresources, whereas state and local authorities, bodies of local self-government, economic and other entities have the duty to make such participation possible in procedure and forms stipulated by the law;";
Clause 6 shall be worded as follows:
"6) Taking into account interests of the population, for which fishery is basic for their living, including small aboriginal peoples of the North, Siberia and the Far East of the Russian Federation, according to which they must have access to aquatic bioresources, specified as objects of fishery, for support of living of the population;";
Clause 7 shall be worded as follows:
"7) Provision of aquatic bioresources, specified as objects of fishery, for use publicly and openly, according to which information on such provision, including that on distribution of quotas for capture of aquatic bioresources between the persons who shall be entitled to the right of capture of the specified aquatic bioresources, shall be available;";
Clause 8 shall be declared invalid;
Clause 9 shall be worded as follows:
"9) Paid use of aquatic bioresources, according to which any use of aquatic bioresources, specified as objects of fishery, shall be subject to a fee except for cases stipulated by federal laws.";
c) In Part 2 the words "legislation on aquatic bioresources" shall be changed to "legislation on fishery and conservation of aquatic bioresources";
3) In Article 3:
a) The article's title shall be worded as follows:
"Article 3. Legislation On Fishery And Conservation Of Aquatic Bioresources";
b) In Part 1 the words "Legislation on aquatic bioresources" shall be changed to "Legislation on fishery and conservation of aquatic bioresources";
4) In Article 4 the words "legislation on aquatic bioresources" shall be changed to "legislation on fishery and conservation of aquatic bioresources";
5) In Article 5:
a) In Part 1 the words "Legislation on aquatic bioresources" shall be changed to "Legislation on fishery and conservation of aquatic bioresources";
b) Part 2 shall be worded as follows:
"2. Contractual obligations and other relations connected with the turnover of aquatic bioresources, specified as objects of fishery, shall be regulated by the civil legislation unless otherwise stated by this Federal Law.";
6) In Article 6:
a) In the article's title the words "Legislation On Aquatic Bioresources" shall be changed to "Legislation On Fishery and Conservation of Aquatic Bioresources";
b) In the first paragraph the words "legislation on aquatic bioresources" shall be changed to "legislation on fishery and conservation of aquatic bioresources";
c) In Clause 2 the word "Fishing" shall be excluded;
7) Article 8 shall be declared invalid;
8) Article 9 shall be declared invalid;
9) Article 10 shall be expanded with Part 3 of the following content:
"3. Juridical entities and citizens conducting fishery according to the procedure, stipulated by this Federal Law, shall get the right of ownership for harvested aquatic bioresources according to the civil legislation.";
10) Article 11 shall be worded as follows:
"Article 11. Right of Use of Aquatic Bioresources, Specified as Objects of Fishery
Right of use of aquatic bioresources, specified as objects of fishery, shall arise on the grounds provided by this Federal Law.";
11) Article 12 shall be worded as follows:
"Article 12. Limitation of the Right of Use of Aquatic Bioresources, Specified as Objects of Fishery
The right of use of aquatic bioresources, specified as objects of fishery, may be limited according to federal laws and international agreements of the Russian Federation.";
12) Article 13 shall be worded as follows:
"Article 13. Termination of the Right of Use of Aquatic Bioresources, Specified as Objects of Fishery
1. The right of capture of aquatic bioresources, specified as objects of fishery, shall be terminated:
1) Upon expiry of the term of the right of capture of aquatic bioresources, specified as objects of fishery;
2) By agreement between the person, who was given the right of capture of aquatic bioresources, specified as objects of fishery, and authorized body of state power;
3) In case of surrender by the person, who was given the right of use of aquatic bioresources, specified as objects of fishery, of the right of capture the aquatic bioresources;
4) In case of liquidation of juridical entity or in connection with the death of the citizen, who was given the right of use of aquatic bioresources, specified as objects of fishery;
5) In other cases provided by federal laws.
2. Compulsory termination of the right of capture of aquatic bioresources, specified as objects of fishery, shall be carried out if:
1) there is a necessity to use aquatic objects for state needs";
2) capture of aquatic bioresources, specified as objects of fishery, has been carried out in the volume of less than 50% of the commercial offshore and inshore quotas during two years running;
3) the person who has the right of capture of aquatic bioresources, specified as object of fishery, has violated the fishery regulations two or more times per calendar year, as a result of which a large damage has been made to aquatic bioresources, estimated according to Article 53 of this Federal Law.
3. Compulsory termination of the right of capture of aquatic bioresources, specified as objects of fishery, shall be carried out by the decision of the authorized federal body of executive power.
4. A decision on compulsory termination of the right of capture of aquatic bioresources, specified as objects of fishery, can be appealed in a court procedure.";