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 2, to be continued.

December 25, 2007 12:57

13) Article 14 shall be worded as follows:

"Article 14. Ways of Protection of Rights of Capture of Aquatic Bioresources, Specified as Objects of Fishery

Ways of protection of rights of capture of aquatic bioresources, specified as objects of fishery, shall be determined in accordance with civil legislation.";

14) Chapter 2 shall be expanded with Article 14.1 of the following content:

"Article 14.1. Protection of Competition in the Sphere of Fishery and Conservation of Aquatic Bioresources

1. Monopolistic activity and unfair competition in the sphere of fishery and conservation of aquatic bioresources shall not be allowed.

2. Federal executive authorities, bodies of the state power of subjects of the Russian Federation, bodies of local self-government, as well as organization performing the functions of the mentioned bodies, shall be prohibited to make enactments and (or) perform actions (no actions), conclude agreements or perform coordinated actions in the sphere of fishery and conservation of aquatic bioresources, which result or may result into non-admission, restriction or elimination of competition, including by means of creating more beneficial conditions for activity of some physical persons, juridical entities as compared to other physical persons, juridical entities.

3. State control of economic concentration in the sphere of fishery and conservation of aquatic bioresources shall be carried out in accordance with the Federal Law No.135-FZ dated 26 July 2006 "On Protection of Competition".";

15) Part 1 of Article 15 shall be worded as follows:

"1. List of species of aquatic bioresources, specified as objects of fishery, shall be approved by the authorized federal body of executive power."

16) In Article 16:

a) Parts 2 and 3 shall be worded as follows:

2. Aquatic bioresources can be used for conduct of one or several kinds of fishery stipulated by Part 1 of this Article, unless otherwise stated by federal laws.

3. Fishery, which is an entrepreneur activity, shall be performed by persons registered in the Russian Federation in accordance with the Federal Law No. 129-FZ dated 8 August 2001 "On state registration of juridical entities and sole entrepreneurs".";

b) Parts 4, 5 and 6 of the following content shall be added:

"4. Fishery, which is an entrepreneur activity, shall be prohibited for conduct by foreign persons and persons specified by Part 3 of this Article from vessels owned by foreign persons, unless otherwise stipulated by this Federal Law and other federal laws.

5. Fishery shall be carried out in respect of aquatic bioresources, for which total allowable catches shall be specified, or in respect of aquatic bioresources, the total allowable catch of which shall not be specified.

6. Volume of capture of aquatic bioresources, the total allowable catch of which shall not be specified, shall be defined upon application of a person, who shall be entitled to the right of capture of aquatic bioresources.";

17) Article 17 shall be worded as follows:

"Article 17. Fishery Basins and Water Bodies of Importance for Fishery Economy

1. Fishery Basins shall include seas and lakes with the basins of inflowing rivers as well as other water bodies of importance for fishery economy.

2. Fishery Basins shall be specified as follows:

1) Azov-Black Sea Basin;

2) Baikal Basin;

3) Volga-Caspian Basin;

4) East Siberia Basin;

5) Far East Basin;

6) West Siberia Basin;

7) West Basin;

8) North Basin.

3. Water bodies of importance for fishery economy are water bodies which are used or can be used for capture of aquatic bioresources, specified as objects of fishery.

4. Categories of water bodies of importance for fishery economy and peculiarities of capture of aquatic bioresources inhabiting them and specified as objects of fishery shall be determined by the authorized federal body of executive power.";

18) In Article 18:

a) In Part 2 the words "the federal body of executive power performing functions of elaborating state policy and legal regulation in the sphere of fish and conservation of aquatic bioresources" shall be changed to "the authorized federal body of executive power";

b) In Part 4 the words "the federal body of executive power performing functions of elaborating state policy and legal regulation in the sphere of fish and conservation of aquatic bioresources shall be changed to "the authorized federal body of executive power", the second sentence shall be excluded;

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