Name of law Law amending and supplementing the law on fisheries and aquaculture sector Name of the Bill a bill amending and supplementing the law on fisheries and aquaculture date adopted 19/07/2012 number/year Official Gazette 59/2012 Decree No 286
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law amending and supplementing the law on fisheries and aquaculture, adopted by the National Assembly of the HLI 19 July 2012.
Issued in Sofia on 26 July 2012.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice:
Diana Kovatcheva
LAW
amending and supplementing the law on fisheries and aquaculture (official SG. Since 2001, 41; amend., SG. 88, 94 and 105 by 2005, issue 30, 65, 82, 96 and 108 of 2006, issue 36, 43 and 71 of 2008, issue 12, 32, 42, 80 and 82 of 2009, issue 61 and 73 by 2010. , PC. 8 and 19 of 2011 and PCs. 38 by 2012.)
§ 1. In art. 2, al. 3 the words ' aquaculture production ' shall be deleted.
§ 2. In art. 3, al. 2 make the following amendments and additions:
1. In paragraph 1, the words "krajdunavskite and coastal Lakes and marshes ' shall be deleted.
2. In paragraph 2, after the words "enjoy and" krajdunavskite "is added and the coastal Lakes and marshes ' and a comma.
3. point 3 shall be replaced by the following:
"3. the objects under para. 1, item 2 and 3 are used for aquaculture; the same objects can be used for recreational fishing and under conditions and by an order determined by registered under art. 25 persons. "
§ 3. In art. 5, al. 2 the word "Sophia" is replaced by "Burgas".
§ 4. In art. 6 make the following amendments and additions:
1. a new paragraph. 2:
"(2) the individual and general administrative acts issued by the Executive Director of the Executive Agency for fisheries and aquaculture in relation to the implementation of the operational programme for the development of the fisheries sector 2007-2013 can be appealed in administrative order to the Minister of agriculture and food as immediately gorestoâŝ the competent administrative authority."
2. The current paragraph. 2 it al. 3 and in it in the first sentence, after the word "aquaculture comma" and added "the Bulgarian Agency for food safety".
3. The current paragraph. 3 it al. and 4 shall be replaced by the following:
"(4) the Executive Agency for fisheries and aquaculture, if necessary, carry out cooperation with the General Directorate for border police (GDGP) for the control of fishing vessels, fishing and ribnostopanskite activities in the border area in the areas of border checkpoints, ports, internal waters, territorial sea, contiguous zone, continental shelf, exclusive economic zone, the Bulgarian stretch of the Danube River and in other border rivers and ponds."
§ 5. In art. 8 al. 2 and 3 are amended:
"(2) the Minister of agriculture and Forests shall determine by order of composition NTSRA, which include representatives of the Ministry of environment and waters, Ministry of agriculture and food, the Ministry of health, the Bulgarian food safety agency, the Executive Agency for fisheries and aquaculture, forestry agency, the Executive Agency" maritime administration ", scientific organizations in the field of fisheries and aquaculture, the organizations under art. 10, recognized as representative, and national fishing association under art. 11, para. 3.
(3) scientific and technical advice for fisheries and aquaculture discusses and gives opinions on the programs, documents, and issues related to the industry, put for consideration by the Minister of agriculture and food. "
§ 6. In art. 10, para. 3 is hereby amended as follows:
1. point 1 shall be amended as follows:
"1. a copy of the registration document or a single identification code according to art. 23 of the law on the commercial register; ".
2. Section 5 is repealed.
§ 7. In art. 13 the text before point 1 shall be replaced by the following: "fishing in water bodies – State or municipal property, the person who owns a ticket for recreational fishing or has acquired rights to utilization of resource of fish and other aquatic organisms for the calendar year concerned, became the owner of the fish and other aquatic organisms:".
§ 8. In art. 15 the following modifications are made:
1. In paragraph 8. 1 the words "fisheries" shall be deleted.
2. in the Al. 2, the words "or just for business ' shall be deleted.
3. in the Al. 4, the words "economic and" are deleted.
§ 9. In art. 15 and following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "associations referred to in art. 11 "a comma and added al. 1. "
2. Paragraph 5 shall be repealed.
§ 10. In art. 15 (b) is hereby amended as follows:
1. The first subparagraph of paragraph 1 shall be repealed.
2. in the Al. 3 the words "para. 1 "shall be replaced by" annex 1, of the Act on waters ".
§ 11. In art. 15 in the Al is created. 3:
"(3) In water bodies determine the emergency zones, which serve for the relocation of aquaculture facilities in case of repair of facilities at the dam or other event, which led to sharply lower the water level. The area of the emergency zone should correspond to the defined production area for the body of water. "
§ 12. In art. 15, para. 2 shall be amended as follows:
"(2) the order under paragraph 1. 1 define the parameters of relevant areas, including the size of the production areas and the areas necessary to change the location of the technical installations during a specific period. The parameters are defined, on a proposal from the head of the relevant territorial unit of NAFA in agreement with the person, trade facilities, the basin water development Directorate of the Ministry of environment and water and the relevant regional Inspectorate of environment and water. "
§ 13. In art. 16, al. 1 create item 9 and 10:
"9. the persons under art. 14, para. 1;
10. konstativnite protocols, acts for the establishment of administrative violations and penalty decrees issued by authorised employees of NAFA.
§ 14. In art. 17 the following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) commercial fishing in the waters of the Black Sea and the Danube River is carried out by legal entities and sole proprietors after issuing a permit for commercial fishing and acquiring the right to absorb the resource of fish and other aquatic organisms. "
2. paragraph 2 is repealed.
3. in the Al. the words "in the State-owned objects" and the comma after them are deleted.
4. in the Al. 4, the words "in objects – State property" and the comma after them are deleted, and finally adds "and/or special permit".
5. Paragraphs 6, 7 and 8 are hereby amended:
"(6) a permit for commercial fishing in the waters of the Black Sea, the Danube River and the waters of the European Union shall be issued to a ship registered in the fishing vessel register.
(7) entry in the register of fishing vessels, the issuance of a commercial fishing permit, special permit and certificate of acquired rights to utilization of resource of fish and other aquatic organisms are carried out in compliance with the requirements of European Union law.
(8) the conditions and procedures for the management of the fishing fleet of the Republic of Bulgaria shall be determined by an Ordinance of the Minister of agriculture and food. "
6. Paragraph 9 shall be repealed.
7. in the Al. 10 the words "person appointed ' shall be replaced by" a legal person or sole proprietor, defined ".
8. Al are created. 11-14:
"(11) the Minister of agriculture and Forests shall determine by order kvotiranite species, for which a special permit is issued to catch kvotiran fish.
(12) special permit to catch kvotiran fish in the waters of the Black Sea is issued for the calendar year of a ship:
1. is included in the list of approved fishing vessels to catch kvotirani fish species, approved by order of the Executive Director of NAFA;
2. have a valid commercial fishing.
(13) for the issue of a special authorization under paragraph 1. 11 fee according to the tariff referred to in art. 17A, al. 4.
(14) the checks on power, a gross tonnage of fishing vessels, the type, number and characteristics of the fishing gear shall be carried out under the 5-year plan, approved by the Minister of agriculture and food and the Minister of transport, information technology and communications. "
§ 15. In art. 17 and following amendments and supplements shall be made:
1. Paragraphs 1 and 2 shall be repealed.
2. Paragraph 4 is replaced by the following:
"(4) for the issuance of commercial fishing permit, special permit for fishing for certain species of fish and kvotiran for certificate of acquired rights to utilization of resource of fish and other aquatic organisms in the waters of the Black Sea and the Danube River are paid fees in fare of the Council of Ministers, except in the case of the specialized fishing equipment commercial fishing under art. 21, para. 1. "
3. a new paragraph. 5:
"(5) the amount of the fee for a permit for commercial fishing and a special permit for fishing for certain species of fish may not exceed its administrative cost issue."
§ 16. In art. 18 the following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) point 3 shall be repealed;
(b) shall be so) 6:
"6. a statement that the vessel, for which authorization is sought, is registered under the law on food."
2. Paragraphs 2, 3, 4 and 5 are repealed.
§ 17. In art. 18 and the following modifications are made:
1. Paragraph 2 shall be replaced by the following:
"(2) in the authorization for commercial fishing with a fishing vessel shall indicate:
1. the authority which granted the authorisation;
2. data for the identification of the fishing vessel:
a) number in the register of the fishing fleets of the European Union;
(b)) the name of the fishing vessel;
c) flag State;
d) external marking;
(e)) call sign (MRS);
3. name/name and address/registered office of the owner of the fishing vessel;
4. technical data on the fishing vessel:
a) engine power;
b) tonnage;
in) total length;
d) width;
e) depth;
5. fishing gear – basic and advanced;
6. the date of issue;
7. port of registration. "
2. Paragraph 3 shall be amended as follows:
"(3) the authorisation for commercial fishing by boat should be expressly indicates that entitles the holder to carry out commercial fishing in the waters of the European Union, as the words and the English language."
3. Paragraph 6 is replaced by the following:
"(6) the Executive Director or an official authorised by him refusing to issue a reasoned order of commercial fishing permit:
1. a fishing vessel that is not registered in the fishing vessel register;
2. a person who has failed to fulfil its obligations within the instructions for removing the incompleteness and/or inaccuracy in the presented documents;
3. in the absence of registration under the law on foodstuffs of the fishing vessel;
4. in the event of non-observance of art. 17, al. 7. "
§ 18. Article 18 shall be amended as follows:
"Art. 18. (1) the Executive Director of NAFA or an official authorised by him with an order terminating the operation of commercial fishing permits and/or special permit to catch kvotiran fish:
1. at the request of the holder of the authorisation;
2. when changing or death of the owner of the fishing vessel;
3. upon termination of the legal person or the deletion of the sole trader;
4. in case of grounds for the granting of the authorization;
5. in the cases provided for by Regulation (EC) no 1224/2009 of 20 November 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, amending regulations (EC) no 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) no 768/2005, (EC) No 2115/2005 , (EC) no 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) no 676/2007, (EC) No 1098/2007, (EC) no 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) no 1627/94 and (EC) No 1966/2006 (OB, L 343/1 of 22 December 2009), hereinafter referred to as "Commission Regulation (EC) no 1224/2009" , The Commission implementing Regulation (EU) No 404/2011 from 8 April 2011, laying down detailed rules for the application of Council Regulation (EC) no 1224/2009 of the Council establishing a community control system for ensuring compliance with the rules of the common fisheries policy (OB, L 112/1 of 30 April 2011), Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent , deter and eliminate illegal, unreported and unregulated fishing, amending regulations (EEC) No 2847/93, (EC) no 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) no 1093/94 and (EC) No 1447/1999 (OB, L 286/1 of 29 October 2008), hereinafter referred to as "Commission Regulation (EC) No 1005/2008";
6. in the event of non-observance of art. 17, al. 7;
7. on reaching or exceeding the stipulated number of penalty points under the Ordinance under art. 18 e, para. 3.
(2) the Executive Director of NAFA terminated by order the operation of the permit commercial fishing with fishing vessel where two years in a row:
1. the holder of the permit is not issued a certificate under art. 18 (f);
2. the holder of the permit fails to fulfil the provisions of art. 20;
3. the declared zero catches.
(3) the fishing vessels referred to in paragraph 1. 2 subject to officially write off from the fishing vessel register. The liberated capacity remains in favour of the State.
(4) paragraphs 2 and 3 shall not apply in the case of non-execution of fishing activity due to the repair of the vessel.
(5) upon the termination of the authorization for commercial fishing with the order under paragraph 1. 1 shall be terminated and the action on the basis of the issued certificate for acquired rights to utilization of resource of fish and other aquatic organisms and special permit to catch kvotiran fish. "
§ 19. In art. 18 the following amendments and additions:
1. Paragraph 2 is repealed.
2. in the Al. 3, after the word "authorization" is added "and the certificate" and the word "store" is replaced by "stored".
3. in the Al. 4 the word "authorization" is replaced by "certificate".
§ 20. New art. 18 (e):
"Art. 18 (1) when committed a serious breach within the meaning of art. 42, (1) (a) of Regulation (EC) No 1005/2008 points system applies for infringements on the basis of which the holder of the authorization to carry out commercial fishing gets a certain number of points for the fishing vessel in accordance with art. 92 of Regulation (EC) no 1224/2009.
(2) the points obtained in al. 1 pass to any future holder of the fishing licence of the vessel concerned under the conditions of art. 92 (2) of Regulation (EC) no 1224/2009.
(3) the method of applying the point system shall be determined by an Ordinance of the Minister of agriculture and food. "
§ 21. Former art. 18 (e) becomes art. 18 and made the following changes and additions:
1. In paragraph 8. 1, the words "in objects – State property" and the comma after them are deleted.
2. Create a new para. 3 and 4:
(3) applications under paragraph 1. 2 indicate the type and number of fishing gear. The specified and authorized fishing gear shall be marked in the term under para. 5.
(4) for the marking of fishing gear and funds fee in an amount determined by the tariff referred to in art. 17, al. 4. "
3. The current paragraph. 3 it al. 5, and shall be amended as follows:
"(5) the Executive Director of NAFA or by him entitled official shall issue the certificate referred to in paragraph 1. 1 or refuses to issue a reasoned order:
1. within 30 days of submission of the application referred to in paragraph 1. 2 – for vessels over 15 m;
2. within 14 days of submission of the application referred to in paragraph 1. 2 – in other cases. "
4. The current paragraph. 4 it al. 6 and finally a comma and add "or for infringement of art. 17, al. 7. "
5. The current paragraph. 5 it al. 7 and in her words "in objects – State property" and the comma after them are deleted.
6. Al are created. 8 and 9:
"(8) a certificate of an acquired right to the utilization of resource of fish and other aquatic organisms is issued to a legal person, where the master of the fishing vessel or authorized person, carrying out fishing in the name and for the account of the entity complies with the requirements of art. 14.
(9) any person holding a permit to carry out commercial fishing in the waters of the Black Sea, is required to provide in the NAFA until the end of March General information and economic statistics for the fishing vessel data for the number of persons employed and for fishing activities. "
§ 22. In art. 19 the following endorsements are added:
1. In paragraph 8. 1, after the words "waters" is added "fishing".
2. Al are created. 8 and 9:
"(8) leads in exit planning fishing journal of the sea to carry out activities other than commercial fishing.
(9) in the cases referred to in para. 8 master of fishing vessel not later than 12 hours before the release of the sea inform the corresponding territorial unit of NAFA.
§ 23. Article 20 is amended as follows:
"Art. 20. (1) persons who have acquired the right of utilization of resource of fish and other aquatic organisms are required to fill out the logbook each time you exit the water, except in the cases under art. 19, para. 8. The completed Declaration of origin shall be submitted to the NAFA officials within 48 hours after landing on the shore.
(2) the procedure for filling and the model of the logbook referred to in paragraph 1. 1 shall be determined by the Ordinance under art. 19, para. 2. "
§ 24. In art. 21 the following amendments and supplements shall be made:
1. a new paragraph. 4:
"(4) the acquired right to utilization of resource of fish and other aquatic organisms with specialized equipment for commercial fishing will be certified for the relevant year by issued by NAFA Certified."
2. the Previous para. 4, 5 and 6 become Al respectively. 5, 6 and 7.
§ 25. In art. 21 and the following modifications are made:
1. In paragraph 8. 1, after the words "of NAFA" puts the end point, and the text is deleted.
2. Paragraphs 3 and 4 are hereby amended:
"(3) the order under paragraph 1. 1 shall be published on the website of the NAFA within three days from the date of issue.
(4) the period referred to in para. 2, point 7 shall be not less than one month and no longer than two months from the date of issue of the warrant. "
§ 26. In art. 21 the following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
"(1) an offer to participate in the contest may be made by any interested legal entity or sole trader or his representative."
2. in the Al. 2:
a) a new item 5:
5. "who has outstanding obligations under art. 3, al. 1, item 9 of the law on the National Revenue Agency; "
(b)) the current item 5, 6, 7, 8 and 9 shall become item 6, 7, 8, 9 and 10.
3. Paragraph 3 is repealed.
4. in the Al. 4:
and in the text) before item 1, the words ' and 3 ' shall be deleted;
b) in paragraph 2, after the word "person" is put a hyphen and added "a sole proprietor or Manager, or member of the governing body of the legal person", and the words "point 7" is replaced by "8";
in) in item 4 the words ' 5 and 6 ' shall be replaced by "7";
d) item 5 shall be inserted:
"5. the certificate of no private civil claims."
5. Paragraph 5 shall be amended as follows:
"(5) in addition to the documents referred to in para. 4 participants present and:
1. the certificates of competence referred to in art. 14 of the persons who will carry out fisheries;
2. a description of the technical equipment will be done fishing. "
§ 27. In art. 21 the following amendments and additions:
1. In paragraph 8. 1, item 1, the words "on his professional experience," shall be deleted.
2. in the Al. 2:
a) in paragraph 1, after the words "relevant registration" shall be inserted "or unified identification code" and after the word "participant" the wording to the end shall be deleted;
b) in paragraph 3 the words "and 3" shall be deleted;
in point 7) the word "proposed" shall be replaced by "sealed opaque envelope with the Nick" and after the word "period" for the rest, the text is deleted.
§ 28. In art. 21 e al. 3 is repealed.
§ 29. In art. 21 g, para. 2 is hereby amended as follows:
1. In paragraph 1 the figure "0.6" is replaced by "0".
2. In paragraph 2 the figure "0.4" is replaced by "0.2".
§ 30. In art. 21 k is hereby amended as follows:
1. point 3 shall be replaced by the following:
"3. the name and registered office of the holder of the authorisation;".
2. In paragraph 4, the words "personal identification number for individuals or" and the words "for the legal persons and the sole traders" are deleted.
3. In paragraph 8, the word "vessel" is replaced by "external marking and name of vessel".
§ 31. In art. 21 (l) is hereby amended as follows:
1. In paragraph 8. 2 the words "the death of the individual, respectively, in the" and the words "death," respectively shall be deleted.
2. in the Al. 3 the words "and 3" shall be deleted.
§ 32. In art. 22, para. 4 Finally, the comma and added "certified for the respective calendar year.
§ 33. In art. 22 a, para. 4 the number "95" is replaced by "80".
§ 34. In art. 23 the following endorsements are added:
1. In paragraph 8. 3, after the word "men" is a comma and add "as well as persons from 14 to 18 years of age".
2. a para. 5:
(5) persons under 14 years of age carry out recreational fishing only with an attendant holding a ticket to recreational fishing. "
§ 35. In art. 24 is made the following changes and additions:
1. In paragraph 8. 1:
a) in paragraph 1 the words "single, double or triple" are replaced by "single or double";
b) in paragraph 2, the words "a fishing rod (rod)" shall be replaced by ' 2 fishing rods (rods) "and the words" single, double or triple "are replaced by" single or double ".
2. a new paragraph. 2:
"(2) the use of triple hooks are only permitted when fishing with artificial lures and fishing of predatory fish bait – alive or dead fish."
3. The current paragraph. 2 it al. 3 and shall be amended as follows:
(3) After a one-day fishing trip, when fishing on Saturdays, Sundays and festive days anglers retained for up to 2 kg of salmonids, but no more than 6 units. On weekdays the fishermen are required to play back each caught trout one fish. For all other types of fish anglers retained up to 3 kg, with the exception of a single instance with greater weight. In the case of catching frogs and crayfish persist up to 50 copies. In the case of catches of more than allotted, a fish in the water immediately return regardless of their condition. "
4. The current paragraph. 3 it al. 4 and in her words "para. 2 "are replaced by" para. 3. "
5. The current paragraph. 4 it al. 5 and after the word "fishing" the comma, the words "with the exception of salmonids" semicolon after them are deleted.
6. The current paragraph. 5 it al. 6 and shall be amended as follows:
"(6) the terms, conditions and water bodies that allow recreational fishing in the dark part of the day shall be determined by order of the Minister of agriculture and food."
7. The current paragraph. 6 it al. 7 and after the words "ticket for recreational fishing," the way the text is deleted.
8. a para. 8:
(8) it shall be prohibited to recreational fishing of kvotiran species. "
§ 36. In art. 24A, para. 1 the words "para. 4, 5 and 6 ' shall be replaced by "para. 5 and 7 ".
§ 37. In art. 25 the following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) the breeding and rearing of fish and other aquatic organisms and production of carriers of genetic material from the hidrobionti is implemented by sole proprietors and legal persons registered in the NAFA. "
2. in the Al. 2 the words "in net cages (sadki) in other floating on the water surface and submersible equipment" shall be deleted.
3. Al are created. 6 and 7:
(6) the procedure for registration of producers of carriers of genetic material are determined by an Ordinance of the Minister of agriculture and food.
(7) the control over the activities of the persons referred to in para. 6 shall be carried out in accordance with the law on livestock. "
§ 38. In art. 25 and following amendments and supplements shall be made:
1. In paragraph 8. 2:
(a) in item 4) add "in accordance with the licences issued under the Water Act";
(b)) in item 5, after the words "Court registration" shall be inserted "or unified identification code" and the way the text is deleted;
in item 8) add "in accordance with the Ordinance under art. 25, para. 5. "
2. a para. 3:
"(3) the content of the technical description and technological scheme of production are determined by an Ordinance of the Minister of agriculture and food."
§ 39. In art. 25 in the Al is created. 3:
(3) Registered under art. 25 persons have to submit in NAFA certificate for registration of a holding under art. 137 of the animal health activity within 30 days of the entry into service of the site. "
§ 40. In art. 25 d, para. 1 make the following amendments and additions:
1. In the text before item 1 the words "deleted from the register" shall be replaced by the words "suspended registration of".
2. point 3 is repealed.
3. Create a t 8, 9, 10 and 11:
8. failure to comply with the requirement of art. 25 in, al. 2 and 3;
9. failure to comply with the technological scheme of production;
10. for non-submission of data under art. 27, al. 1, item 1 in two consecutive years;
11. for cancellation of certificate of registration of a holding under the animal health activities. "
§ 41. In art. 27 the following amendments and supplements shall be made:
1. point 1 shall be amended as follows:
"1. to provide the NAFA each year until the end of January data for:
a) produced and sold by them during the preceding year, fish and other aquatic organisms in age, species and quantities;
(b)) the number of persons employed by sex, age and education; ".
2. Section 2 is repealed.
3. point 3 shall be replaced by the following:
"3. to keep a log-book sales and at first sale to issue a declaration of origin of aquaculture products in the order specified by an Ordinance of the Minister of agriculture and food;".
4. In point 4 is added in the end "and number of the invoice for payment.
5. In paragraph 7, after the word "manufacture" shall be inserted in the "authorization for use of the water body.
6. item 8 shall be inserted:
"8. to register vessels, used in the production akvakulturno in the waters of the Black Sea by the order of the Ordinance under art. 16, al. 3, no later than one month before the entry into operation of technical equipment. "
§ 42. Article 28 shall be repealed.
§ 43. In art. 30 is made the following changes and additions:
1. In paragraph 8. 1, item 1, the words "after consultation of NTSRA ' shall be deleted.
2. a new paragraph. 2:
"(2) on the basis of the proposal referred to in paragraph 1. 1 item 1, Minister of agriculture and food by order determines total allowable catches and quotas within the same for the year for each species of fish and other aquatic organisms, where these are not laid down by the European Union. "
3. The current paragraph. 2 it al. 3 and in it:
and in the text) before item 1 the words "on the basis of an opinion from the NTSRA ' shall be deleted;
b) in point 1 the words "and/or" shall be deleted.
4. a new para. 4:
"(4) in case of atypical weather conditions and other circumstances threatening the fisheries resources and their Habitat, the Executive Director of NAFA imposes temporary ban on fishing for a given body of water."
5. the Previous para. 3 and 4 become Al respectively. 5 and 6.
6. a para. 7:
"(7) into objects of art. 3, al. 1, item 1 is performed only on displacement specimens of species of fish and other aquatic organisms with proven local origin. For this purpose, the use of non-native species is subject to the terms and conditions laid down in the law on biodiversity. "
7. The current paragraph. 5 it al. 8 and shall be amended as follows:
(8) the Executive Director of NAFA by order determines the conditions for catching the types of fish or other aquatic organisms for which the TAC is set and/or quota under para. 2 or those defined by the European Union for the waters of the Black Sea. "
8. Al are created. 9 and 10:
(9) the individual quotas within a set total allowable catches and/or fishing quota is distributed through associations and interbranch organisations recognised in the field of fisheries by the procedure of art. 10. Individual quotas for fishing vessels whose owners or users are not members of the recognized by the order of art. 10 in fishing associations and interbranch organisations shall be allocated by NAFA.
(10) the conditions and procedures for the allocation of quotas between fishing associations and interbranch organisations, and between fishing vessels whose owners or users don't belong in them, be determined by the order under paragraph 1. 8. "
§ 44. Article 31 shall be repealed.
§ 45. In art. 32 make the following amendments and additions:
1. Paragraph 6 is hereby repealed.
2. a para. 7:
"(7) in the case of by-catch during the prohibition under art. 32, para. 1 fish are returned immediately in water regardless of their condition. "
§ 46. In art. 33 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "the prohibition in" art "is added. 30, para. 3, item 1, para. 4 and 5 and ".
2. in the Al. 2, after the word "objects" a comma and the words "under art. 3, al. 1, item 3 "shall be replaced by" registered under art. 25. "
§ 47. In art. 34, para. 1 Finally a comma and add "determined in accordance with the methodology of the Minister of environment and waters".
§ 48. In art. 35 following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) in paragraph 2, the word "elektroulov" shall be replaced by "catch with electric current and radiation";
(b) in point 3) add "except for beam trawl";
in t is created) 7:
"7. undersized nets type" parachute. "
2. in the Al. 4, the words "experiments and" shall be deleted, and finally "is added under the conditions and by the procedure of granting the permit for scientific research purposes under art. 40. "
3. Al are created. 5 and 6:
"(5) the Minister of agriculture and food, on a proposal from the Executive Director of NAFA by order shall determine the areas in which it is prohibited the use of beam trawl. The order shall be published on the website of the NAFA within three days from the date of issue.
(6) it shall be prohibited to use beam trawl in the zones under para. 5, as well as by fishing vessels without an on-board satellite tracking equipment.
§ 49. In art. 36, para. 1, after the words "Danube", the comma shall be replaced by "and" and the words "and representing objects of art. 3, al. 1, paragraph 2 "shall be deleted.
§ 50. In art. 38 al. 5 shall be amended as follows:
"(5) when carrying out commercial fishing is permitted by-catches of fish below the minimum size permitted under annex 2, amounting to no more than 5 per cent for all species, with the exception of sturgeon and kvotirani fish species."
§ 51. Article 40 shall be replaced by the following:
"Art. 40. (1) the Executive Director of NAFA shall issue a permit to catch fish and other aquatic organisms for research purposes.
(2) a permit to catch for research purposes of species in annex 4 of the law on biological diversity is given by the Minister of agriculture and food, after consultation with the Minister of environment and water.
(3) for the issue of a permit under subsection. 1 and 2 shall be filed in writing sample application from the head of the scientific organisation, stating:
1. data of the person who carried out the study;
2. the objectives of the study;
3. the reasons why the granting of the authorization is requested:
a) within the period of validity of the prohibition under art. 32 and 33;
(b)) for the use of banned under art. 35, para. 1, item 2 and 3 appliances, tools, equipment and accessories;
in) to catch fish and other aquatic organisms with dimensions smaller than the minimum permitted under annex 2 to the art. 38, para. 1;
(d)) to catch, transfer and transport of river crayfish (Astacus astacus L.) and stone (streaming) crabs (Austropotamobius torrentius);
4. water bodies or vodosbori for carrying out the examination;
5. the period for carrying out the examination;
6. the types and number of fish and other aquatic organisms in families, which are necessary for the purposes of the study, with the exception of species of annex 3 to the law on biological diversity;
7. type, number, characteristics and parameters of the fishing gear and the means by which the research is carried out.
(4) where, for the purposes of the survey vessel is used, the application shall indicate:
1. the outer mark and the name of the vessel;
2. the name of the master.
(5) the permit shall be issued to the lice with educational qualification degree "master" in the field of hidrobiologiâta, zoology or ecology.
(6) an application under subsection. 3 shall apply:
1. a copy of the contract for the execution of the research project and/or plan for the activities of the scientific organization, certified by the head of the scientific organization and/or other documents certifying the justification under para. 3, item 2;
2. analysis of the expected impact of the use of the appliance, the method or means for catching or killing the other species of fish and aquatic organisms, as well as measures for their conservation or reduce the negative impact on them;
3. a recent photograph of the person to whom the permit is issued;
4. a document certifying the fact of Pará. 5;
5. Declaration of the person to whom the permit is issued, it is not a violation of the law committed within two years before the date of filing of the application, established by an act of the competent authority.
(7) the authorization shall be issued with a period of validity until the end of the calendar year. After expiry of the authorisation returns to NAFA.
(8) the permit is personal and shall not be transferable.
(9) the authorisation shall contain:
1. full name, social security number, ID number, place of work and position of the person carrying out the examination;
2. a recent photograph;
3. the purpose of the study;
4. the period for which the permit applies;
5. the period for which the catch may be carried out;
6. water bodies;
7. type and number of permitted detention of catches of fish and other aquatic organisms for the whole examination;
8. fishing gear and equipment;
9. the data for the ship and the captain, where, for the purposes of the survey vessel is used.
(10) before each catch the holder of the authorisation shall notify the territorial unit of NAFA in whose territory is situated the water object or part of the waters of the Black Sea, in which the research is conducted.
(11) after every catch the type, quantity, size and other data for fish and other aquatic organisms fit in the authorization and the same shall be granted for certification in the relevant territorial unit of NAFA.
(12) for the filling of museum collections and collections of fish and other aquatic organisms are authorized the detention of not more than 5ekzemplâra of a kind.
(13) the fish and other aquatic organisms over the allowed number of detention shall be returned back to the pool regardless of their condition.
(14) the Executive Director of NAFA refuses with a reasoned warrant the granting of an authorisation to catch fish with scientific research purposes when:
1. the application does not meet the requirements of para. 3, 4 and 6;
2. the person is returned to NAFA authorisation issued for the previous year, and/or the permit is not authenticated by the corresponding territorial unit of NAFA.
(15) the order under paragraph 1. 14 shall be notified and may be appealed pursuant to the administrative code.
(16) the Executive Agency for fisheries and aquaculture waters public register of licences issued to catch fish and other aquatic organisms for research purposes.
(17) the prohibitions in art. 32, 33, art. 38, para. 1, art. 42 and 45A shall not apply in the case of catches of fish and other aquatic organisms for research purposes.
(18) for a permit to catch fish and other aquatic organisms with research purposes fee according to the tariff referred to in art. 17A, al. 4. "
§ 52. In art. 44 c after the words "dams and thresholds" are added "and owners of water objects of art. 3, al. 1, item 2, and then a comma and add "except when you have an emergency release of water".
§ 53. Article 44 (d) is repealed.
§ 54. In art. 45 the following modifications are made:
1. In paragraph 8. 1 the number ' 15 ' is replaced by ' 12 '.
2. Paragraph 3 shall be amended as follows:
"(3) it is prohibited to the departure of their ports by fishing vessels without a functioning or off tracking equipment on board."
§ 55. In chapter IV, section II, to create art. 45A and 45B:
"Art. 45. On board fishing vessels and other vessels shall be prohibited, conveyance, storage, transport and installation of machinery, tools, fittings and accessories referred to in art. 35, para. 1 related to carrying out business or recreational fishing.
Art. 45 (b) (1) fishing vessels whose engine power exceeds 120 KW, including fishing vessels with new or replacement drive motor and one suffered technical amendments, with the exception of vessels used in aquaculture shall be subject to the certification of engine power.
(2) certification and verification of the engine power of the vessels listed in the fishing vessel register, shall be carried out by the Minister of transport, information technology and communications in accordance with the requirements of art. 40-41 of Regulation (EC) no 1224/2009 in the order specified by an Ordinance of the Minister of transport, information technology and communications and the Minister of agriculture and food. "
§ 56. In art. 46 following amendments and supplements shall be made:
1. In paragraph 8. 2, after the words "the law on veterinary activities" add "and the law on foodstuffs".
2. in the Al. 3, after the word "Center" the hyphen and the words "owner or user of the site" shall be deleted.
§ 57. In art. 46 and following modifications are made and dop″leniâ:
1. In paragraph 8. 3 item 3 shall be replaced by the following:
"3. a copy of the registration document or a single identification code according to art. 23 of the law on the commercial register; ".
2. in the Al. 5 after the word "notify" is added "within 30 days".
§ 58. In art. 46 in the following endorsements are added:
1. In paragraph 8. 1 2 Add "and certificate of acquired rights to utilization of resource of fish and other aquatic organisms.
2. Al are created. 3, 4 and 5:
"(3) the registration under art. 46A is indefinite.
(4) the Executive Director of NAFA with an order terminating the registration:
1. at the request of the organizer of the Center;
2. in the event of winding up or liquidation of the legal entity or sole trader – organizer of the Centre;
3. in the event of cessation of the activities of the Centre for more than one year;
4. upon the withdrawal of the certificate of registration under the law for food.
(5) the order under paragraph 1. 4 has been reported and may be appealed pursuant to the administrative code.
§ 59. In art. 46 (e) make the following amendments and additions:
1. In paragraph 8. 1 the words "para. 1 "shall be replaced by" para. 2 "and after the word" buyers "put a hyphen and added" legal persons and sole proprietors.
2. Paragraph 3 shall be amended as follows:
"(3) in an application under subsection. 1 shall indicate the name and address of the registered office and the management of the legal person or the sole trader and shall be annexed:
1. a copy of the registration document or a single identification code according to art. 23 of the law on the commercial register;
2. copy of certificate of registration under the law for food on the site where the first sale takes place, or a copy of the certificate of registration of the vehicle under the animal health activities;
3. a document of fee paid. "
3. in the Al. 4, after the words "para. 1 "insert" within 30 days ".
§ 60. In art. 46 is the following amendments and supplements shall be made:
1. In paragraph 8. 1 the word "person" is replaced by "legal entity or sole trader".
2. Paragraph 4 is replaced by the following:
"(4) in the neotstranâvane in the application within the period irregularities under para. 3 the Executive Director of NAFA or empowered by him face refused entry. "
3. in the Al. 5, the words "subject to appeal ' shall be replaced by ' shall be notified and may be appealed".
4. Al are created. 7, 8 and 9:
"(7) the registration under paragraph 1. 1 is indefinite.
(8) the Executive Director of NAFA with an order terminating the registration:
1. at the request of the registered buyer;
2. in the event of winding up or liquidation of the legal entity or sole trader – a registered buyer;
3. cessation of activity of the registered buyer for more than one year;
4. upon the withdrawal of the certificate of registration under the law for food.
(9) the order under paragraph 1. 8 shall be notified and may be appealed pursuant to the administrative code.
§ 61. In art. 46 (g) the following amendments and supplements shall be made:
1. In paragraph 8. 2 the words "are not offered for sale or" shall be deleted and the words "market" are replaced by "market or for processing, after".
2. in the Al. 4, after the words "the said documents shall be added" and "invoice number".
§ 62. Article 48a is amended as follows:
"Art. 48. (1) upon delivery of aquaculture products as raw material for processing the supplier shall provide the recipient a declaration of origin of aquaculture products and live fish is delivered when and/or other live aquatic organisms – and veterinarnomedicinsko certificate. When the raw material is imported, the supplier shall provide the animal health certificate.
(2) sales of aquaculture products, the seller provides the buyer with a declaration of origin of aquaculture products, when sold live fish and/or other live aquatic organisms – and veterinarnomedicinsko certificate. When the raw material is imported, the seller provides the veterinary certificate.
(3) Sale of live aquaculture products shall only be carried out by registered under art. 25 persons. "
§ 63. Article 49 shall be amended as follows:
"Art. 49. In the catering and commercial grade shall be prohibited procurement, supply and sale of fish and other aquatic organisms without:
1. a copy of the Declaration of origin and first sale document – in cases when the first sale of fish and other aquatic organisms, or;
2. commercial or billing document – in all other cases. "
§ 64. Article 49A is amended as follows:
"Art. 49. A copy of the documents referred to in art. 49 shall be presented when checking the control bodies of the NAFA and the Bulgarian Agency for food safety. "
§ 65. In art. 50 following amendments and supplements shall be made:
1. Paragraphs 1 and 2 shall be read with the following adaptations:
"(1) the transport of fish and/or other aquatic organisms is carried out with specialized vehicles: 1. licensed by the procedure of art. 165 of the Act on veterinary activities – for the transport of live fish and other living aquatic organisms;
2. registered pursuant to art. 246 of the Act on veterinary activities – in other cases.
(2) in the carriage of fish and/or other aquatic organisms that are products of aquaculture animals shall be accompanied by a copy of the Declaration of origin of aquaculture products, and for the transport of live fish and/or other aquatic organisms – and with the veterinarnomedicinsko certificate. When aquaculture products are the subject of a subsequent sale, they shall be accompanied by a commercial document or payment. "
2. a new paragraph. 3:
"(3) for the transport of fishery products shall be accompanied by a copy of the Declaration of origin and the transport document in accordance with the requirements of the Ordinance under art. 46, para. 4. "
3. The current paragraph. 3 it al. 4 and, after the words "accompanied by" add "Declaration of origin".
§ 66. Article 50A shall be repealed.
§ 67. In art. 51, para. 1 the words "para. 1 "shall be replaced by" para. 2 of legal entities and sole traders registered under art. 25, para. 1, and by accredited companies, organisations, associations and research institutes ".
§ 68. In art. 53 para. 3 and 4 are repealed.
§ 69. In art. 54, para. 4, the words "fishing inspectors control" are replaced by "employees of fisheries and control".
§ 70. In art. 55, para. 1, after the word "devices" a comma and add "facilities for the temporary storage of fish restaurants.
§ 71. In art. 56 the following modifications are made:
1. In paragraph 8. 1 the words "300 to 600 ' is replaced by ' 1500 to 3000".
2. in the Al. 2 the words "400 to 1000" shall be replaced by ' 2000 to 4000.
§ 72. In art. 57 the following modifications are made:
1. Paragraph 1 shall be amended as follows:
(1) a sole proprietor or a legal person who does not keep commercial fishing permit and certificate of acquired rights to utilization of resource of fish and other aquatic organisms in violation of art. 18, al. shall be punished with a penalty ranging from 400 to 1000 BGN "
2. paragraph 2 is repealed.
§ 73. Art is created. 57A:
"Art. 57. (1) a sole proprietor or a legal person which notifies within territorial unit of NAFA for the circumstances under art. 46A, al. 5 or art. 46 e, para. 4, shall be punished with a penalty ranging from 400 to 1200 EUR, if not subject to more severe punishment.
(2) when the offence under para. 1 was committed reactivation within one year of the entry into force of the decree by which the person is punished for the same offence, the registration of the person shall be terminated. "
§ 74. Article 58 is repealed.
§ 75. In art. 58 and the following modifications are made:
1. In paragraph 8. 1 the words "200 to 500 ' is replaced by ' 500 to 1000".
2. in the Al. 2 the words "300 to 600 ' is replaced by ' 600 to 1200.
§ 76. Art is created. 58 (b):
"Art. 58 (b). A sole proprietor or a legal person who does not provide general information of NAFA and economic statistics for the fishing vessel, as well as data on the number of persons employed and for fishing in violation of art. 18, al. 9 shall be punished by a penalty payment in the amount of 500 to 750 euro. "
§ 77. In art. 59 the word "Which" shall be replaced by "sole trader or legal person" and the words "a fine of 300 to 800 ' is replaced by ' penalty payment in the amount of 800 to 1600.
§ 78. In art. the word "60" is replaced by "sole trader or legal person" and the words "a fine of 400 to 1000" shall be replaced by "penalty payment in the amount of 1000 to 2000".
§ 79. In art. 61 the following modifications are made:
1. In paragraph 8. 1 the word "Which" shall be replaced by "sole trader or legal person" and the words "a fine of 300 to 600 ' is replaced by ' penalty payment in the amount of 600 to 1200.
2. paragraph 2 is replaced by the following:
"(2) the punishment under para. 1 and the sole trader or legal person which does not supply a declaration of origin in violation of art. 20, para. 1 and art. 27, item 4. "
§ 80. In art. 62 the following modifications are made:
1. In paragraph 8. 1:
(a)) in the text before paragraph 1 the word "objects" is replaced by "instruments" and the words "para. 3 "shall be replaced by" para. 5 ";
b) in point 1 the words "50 to 200" are replaced by "100 to 400";
in) in paragraph 2 the words "300 to 600 ' is replaced by ' 600 to 1200.
2. in the Al. 2 the words "400 to 1000" shall be replaced by ' 800 to 2000 ".
§ 81. In art. 63 the following modifications are made:
1. Paragraph 1 shall be amended as follows:
"(1) Which change the parameters and the area covered by the specialized equipment for fishing in violation of art. 21, para. 5, is punishable by a fine of 600 to 1200 LV. "
2. in the Al. 2 the words "400 to 1000" shall be replaced by ' 800 to 2000 ".
§ 82. In art. 64 words "50 to 200" are replaced by "100 to 400".
§ 83. In art. 65, after the words "para. 1 "insert" and 2 "and the words" 50 to 200 "are replaced by" 100 to 400 ".
§ 84. In art. 66 is hereby amended as follows:
1. In paragraph 8. 1 the words "para. 2 "are replaced by" para. 3 "and the words" 20 to 100 "shall be replaced by" 50 to 200 ".
2. in the Al. 2 the words "para. 3 "shall be replaced by" para. 4 ' and the words ' 100 to 300 ' is replaced by ' 300 to 600.
3. in the Al. 3 the words "para. 4 "shall be replaced by" para. 5 "and the words" 200 to 500 ' is replaced by ' 400 to 650.
4. in the Al. 4, the words "para. 5 ' shall be replaced by "para. 8 ' and the words ' 100 to 300 ' is replaced by ' 300 to 600.
§ 85. Article 67 (a) is repealed.
§ 86. In art. 68 is hereby amended as follows:
1. Paragraph 1 shall be amended as follows:
(1) a sole proprietor or a legal person, which breed and raise fish and other aquatic organisms, without being registered in breach of art. 25, is punishable by a penalty payment in the amount of 1500 to 3000 pounds. "
2. paragraph 2 is repealed.
§ 87. In art. 68 and the following modifications are made:
1. Paragraph 1 shall be amended as follows:
(1) a sole proprietor or a legal person who contravenes the provisions of art. 25 in, al. shall be punished with a penalty ranging from 600 to 900 LV. "
2. paragraph 2 is repealed.
§ 88. Article 69 shall be replaced by the following:
"Art. 69. A sole proprietor or a legal person, which breed and raise fish and other aquatic organisms in violation of art. 27, is punishable by a penalty payment in the amount of 500 to 1000 EUR "
§ 89. In art. 69 and the following modifications are made:
1. In paragraph 8. 1 the words "the quota determined by the procedure of art. 30, para. 1.1 ' shall be replaced by "the determined quota" and the words "amount" shall be deleted.
2. in the Al. 2 the words "1000 by 2000" shall be replaced by ' 2000 to 3000 ".
§ 90. Article 69 (b) is repealed.
§ 91. In art. 70 is hereby amended as follows:
1. In paragraph 8. 1 the words "para. 2, item 1 "shall be replaced by" para. 3, item 1, para. (4) and (5) "and the words" 500 to 1000 "shall be replaced by" 1500 to 3000 ".
2. in the Al. 2 the words "1000 by 2000" shall be replaced by ' 2000 to 4000.
§ 92. In art. 71 is hereby amended as follows:
1. In paragraph 8. 1 the words "500 to 1000" shall be replaced by "1000 by 2000".
2. in the Al. 2 the words "1000 by 2000" shall be replaced by ' 2000 to 3000 ".
§ 93. In art. 73 is hereby amended as follows:
1. In paragraph 8. 1 the words "3-6" shall be replaced by ' paragraph 4, 5, and 7 "and the words" 500 to 1500 "are replaced by" 1000 by 2000 ".
2. in the Al. 2 the words "1000 by 2000" shall be replaced by ' 2000 to 3000 ".
§ 94. In art. 74 is hereby amended as follows:
1. In paragraph 8. 1, the words "with poisonous, narcotic drugs or explosive materials, substances and means ' shall be deleted and the words" paragraphs 1 and 2 is punishable by a fine from 2000 to 4000 ' shall be replaced by "paragraphs 1, 2, 3 and 6, and al. 6, is punishable by a fine of 4000 to 6000 ".
2. in the Al. 2 the words "3000 to 7000 ' shall be replaced by" 5000 to 10 000.
§ 95. In art. 75 is hereby amended as follows:
1. In paragraph 8. 1 the words "300 to 600 ' is replaced by ' 600 to 900.
2. in the Al. 2 "600" is replaced by "1200".
3. in the Al. the words "a fine of 300 to 600 BGN, and for legal persons and sole trader" and dash after them are deleted.
§ 96. In art. 75 and the words "100 to 300" is replaced by "300 to 500."
§ 97. In art. 76 following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and after the word "River" is added "and stone" and the words "300 to 600 ' is replaced by ' 600 to 1200.
2. a para. 2:
"(2) when the offence under para. 1 is committed by a legal person or sole proprietor, having his penalty payment in the amount of 1000 to 1500 euro. "
§ 98. In art. 77 is hereby amended as follows:
1. In paragraph 8. 1 the words "1000 by 2000" shall be replaced by ' 2000 to 3000 ".
2. in the Al. 2 the words "2000 to 4000 ' shall be replaced by" 4000 to 6000 ".
§ 99. In art. 77 d, after the word "skirts" a comma and add "and objects of art. 3, al. 1, item 2. "
§ 100. Article 79 shall be amended as follows:
"Art. 79. (1) the Executive Director of NAFA or authorised by him with a warrant officer takes a commercial fishing permit for a period of one to two years, if the person who holds the permit:
1. does not comply with the conditions of:
a) issued certificate for acquired rights to utilization of resource of fish and other aquatic organisms, or;
(b) permit) the special catch of the species, or kvotiran;
in the certificate of entitlement) acquired for the utilization of resource of fish and other aquatic organisms with specialized equipment for commercial fishing under art. 21;
2. does not comply with the requirement of art. 18 (b), para. (2);
3. carry out commercial fishing without having acquired the right to utilization of resource of fish and other aquatic organisms;
4. fish or other aquatic organisms in the period of the prohibition under art. 32;
5. fish or other aquatic organisms with prohibited fishing gear, tools, accessories and gadgets in violation of art. 35;
6. fishing for marine mammals in violation of art. 43;
7. carry out commercial fishing in violation of art. 45, para. 1 or al. 3.
(2) the order under paragraph 1. 1 are reported and can be challenged under the administrative code. The appeal of the order does not stop its implementation. "
§ 101. Article 80 shall be amended as follows:
"Art. 80. (1) a sole proprietor or legal person not installed and does not support the on-board equipment in proper working order, associated with the operation of the system for the monitoring and control of fishing vessels in violation of art. 45, para. 1 shall be punished by a penalty payment in the amount of 2000 to 3000 BGN.
(2) the punishment under para. 1 and the sole trader or legal entity for violation of art. 45, para. 3. "
§ 102. In art. 81 words "art. 45, para. 3 "shall be replaced by" art. 45 and "and the words" from 1000 to 2000 "shall be replaced by the words" or penalty payment in the amount of 2,000 to 3,000 ".
§ 103. In art. 82 is hereby amended as follows:
1. Paragraph 1 shall be amended as follows:
(1) a sole proprietor or legal person who provides and/or sells products from fishing in violation of art. 46, para. 1 shall be punished by a penalty payment in the amount of $ 1000 to 1600. "
2. paragraph 2 is repealed.
§ 104. In art. 82 and the words "800 to 1500" are replaced by "1500 to 2000".
§ 105. Article 82 (b) shall be replaced by the following:
"Art. 82 (b). A sole proprietor or a legal person who does not keep a register of vendors for the first sale of fishery products in the registered by it Center for first sale in violation of art. 46 in, al. 1 shall be punished by a penalty payment in the amount of 1000 to 1500 euro. "
§ 106. In art. 82 in the following modifications are made:
1. In paragraph 8. 1 the words "who buys" are replaced by "sole trader or legal person who carries out the first sale of" and the words "a fine of 300 to 600 ' is replaced by ' penalty in the amount from 1000 to 1200.
2. paragraph 2 is repealed.
§ 107. In art. 83 the word "Which" shall be replaced by "sole trader or legal person" and the words "fine or penalty payment in the amount of 500 to 1000" shall be replaced by "penalty payment in the amount of 1000 to 2000".
§ 108. In art. 84 the following modifications are made:
1. In paragraph 8. 1 the word "Which" shall be replaced by "sole trader or legal person" and the word "fine" is replaced by "penalty payment in the amount field.
2. paragraph 2 is replaced by the following:
"(2) a sole proprietor or a legal person who fails to comply with an obligation under art. 46 (g), para. 1-4 shall be punishable by a penalty payment in the amount of 500 to 750 euro. "
§ 109. In art. the word "85" is replaced by "sole trader or legal person", the words "for human consumption ' shall be deleted and the words" fine, penalty payment accordingly in size from 200 to 1000 "shall be replaced by" penalty payment in the amount of 1000 to 2000 ".
§ 110. In art. 85 and the word "Which" shall be replaced by "sole trader or legal person" and the words "fine, penalty, respectively, in the amount of 200 to 500 ' is replaced by ' penalty payment in the amount of 500 to 1000.
§ 111. In art. the words ' 86 200 to 1000 "shall be replaced by" 1000 by 2000 ".
§ 112. In art. 87 words "400 to 1000" shall be replaced by "1000 by 2000".
§ 113. In art. 88 words "200 to 1000" shall be replaced by "1000 by 2000".
§ 114. In art. 90, para. 1 the words "58, 60, 62, art. 66, para. 4 and 5, 70, 73-77, 81 and 86 ' shall be replaced by ' 62, 64, 65, art. 66, para. 4 and 5, art. 67, 67, 68, 69, 70, and 71, 72, 73-77, 81, 82, 83, 82, and in 85, 85 and 86 ", the words" fish "are replaced by" the fish "and the word" caught "is replaced by" acquired ".
§ 115. In art. 91, para. the words "subject to the conditions and in the order specified by an Ordinance of the Minister of agriculture and food and the Minister of the Interior" shall be deleted.
§ 116. In § 1 of the additional provisions are made the following amendments and additions:
1. In paragraph 27, after the words "Fishing-amateur" is "fishing" is added for the purposes of item 26 – activity is carried out. "
2. Point 28 shall be replaced by the following:
"28." Fishing-fishing business "within the meaning of item 26 – activity at which the catch of fish and other aquatic organisms in designated sites with authorized instruments and tools for the purpose of economic activity and the realization of income, regardless of whether the activity is performed continuously, seasonal or temporary. For commercial fishing within the meaning of this law shall also be considered fishing carried out with instruments other than those referred to in art. 24, para. 1, and/or where the fish or other aquatic organisms will be in the amount exceeding those specified in art. 24, para. 2. "
3. Section 41 is amended as follows:
"41." Bottom "traliraŝo is a facility, which consists of the trawl nets, systems of tugs and equipment of open vertical and horizontal, of which the lower collar is equipped with a heavy gruntrop and/or parts and elements, cutting or scraping the surface."
4. Create t. 43, 44, 45, 46 and 47:
"43." fishing fleet of the Republic of Bulgaria "includes fishing vessels listed in the fishing vessel register of the Republic of Bulgaria, equipped for the purpose of commercial exploitation of living aquatic resources.
44. The European Union waters "means the waters within the meaning of art. 3 (a) of Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy.
45. "gross tonnage" means the tonnage of vessels within the meaning of Regulation (EEC) no 2930/86 of 22 September 1986, defining characteristics for fishing vessels.
46. "beam trawl is towed trawl in which the opening of the trawl maintained by means of a beam or similar device, regardless of whether they are fixed or not, when they are dragged along the bottom.
47. "Parachute" is the kind of malorazmeren NET, consisting of a single network, hung on the end of the fiber, with different size of the eye and severity attached in the Middle, where the networks remain at the bottom of the water body and continue to detain and kill aquatic organisms. "
§ 117. Annex No 1 to art. 32, para. 1 shall be amended as follows:
' Annex No 1 to art. 32, para. 1
Terms of bans on catching fish and other aquatic organisms during the period of breeding
№
more
line
Species of fish and other aquatic organisms
Ribnostopanski objects and areas
Period/period
the ban
A. Winter and spring breeding Salmonidae and other studenolûbivi fish
1.
River (salmon) trout, Brook trout, SIGs, Peled and Lake salmon
from 1 October to 31 January
2.
Grayling
from 1 January to 31 March
3.
Pike
from 15 February to 30 April
4.
Huh
from 1 March to 30 April
B. Spring-Summer breeding cyprinid, somovi and other toplolûbivi fish
5.
Spring-Summer breeding fish
According to the altitude and time-limits laid down in point (d)
6.
White fish
from 15 March to 15 may
7.
Sturgeon fish in the waters of the Danube River and the Black Sea in accordance with international treaties on fishing in the river
60 дни
8.
Shad (Danube mackerel) in the waters of the Danube in accordance with the international treaties on fishing in the river
30 days
9.
Turbot in waters of the Black Sea – with any type of fishing gear
60 days from 15 April
10.
Gobies in the waters of the Black Sea with fishing gear, nets
from 15 April to 15 may
11.
Gobies in the waters of the Black Sea with towed gear in the respective catchment areas and ports with remoteness bunite 1 km of coastline
all year round, with the exception of the capture of dalânite, located in these zones
C. other aquatic organisms
12.
Marsh frog (Pelophylax ridibundus)
from 1 April to 31 May
13.
Lake cancer (Astacus leptodactilus)
from October 15 to May 15
14.
Pagur (Eriphia verrucosa)
from 1 April to 31 May
15.
Normal (green) hooked crab (Carcinus maenas)
from 1 April to 31 May
D. Ribnostopanski objects depending on altitude
16.
In ribnostopanski sites located above 1500 m altitude
from 1 October to 31 January
17.
In ribnostopanski sites located from 500 to 1500 m above sea level
from 1 May to 15 June
18.
In bodies of water located within 500 m of altitude
from 15 April to 31 May
“
§ 118. Annex 2 to the art. 38, para. 1 shall be amended as follows:
"Annex 2 to art. 38, para. 1
List of minimum dimensions
to catch fish and other aquatic organisms
no more line
Common and local names and scientific names (Latin)
Dimensions
(in cm)/weight (in g)
A. freshwater fish
Sam. Sturgeon (Acipenseridae)
1.
Sterlet (Acipenser ruthenus)
50 cm
Sam. Salmonidae (Salmonidae)
2.
River (salmon) trout (Salmo trutta fario)
23 см
3.
Makedonska trout (Salmo macedonicus)
23 cm
4.
Rainbow trout (Oncorhynchus mykiss gairdneri irideus/Salmo)
22 см
5.
Brook trout (Salvelinus fontinalis)
20 cm
Sam. Koregonusovi (Soregonidae)
6.
Čudski SIG (Coregonus lavaretus)
22 cm
7.
Peled (Coregonus peled)
20 cm
Sam. Lipanovi (Thymallidae)
8.
Grayling (Thymallus thymallus)
25 cm
Sam. Ŝukovi (Esocidae)
9.
Pike (Esox lucius)
35 cm
Sam. Cyprinidae (Cyprinidae)
10.
European chub (Squalius cephalus)
22 cm
11.
Egejski Chub (Squalius orpheus)
22 cm
12.
IDE (fish) (Leuciscus idus)
22 cm
13.
(Aspius Aspius) huh
25 cm
14.
Tench (Tinca tinca)
20 cm
15.
Brianna (oblez, bleak) (Chalcalburnus chalcoides)
20 см
16.
Bleak (Alburnus alburnus)
15 cm
17.
Bream (Abramis brama)
20 cm
18.
German a (Abramis sapa)
20 cm
19.
Chill (Abramis ballerus) a
25 cm
20.
Morunaš (Vimba vimba)
25 cm
21.
Mariški morunaš (karabal″k) (Vimba melanops)
20 см
22.
Sabica (Pelecus cultratus)
20 cm
23.
NASE (Chondrostoma nasus)
20 cm
24.
Chondrostoma vardarense (Chondrostoma vardarense)
20 cm
25.
White barbel (Barbus barbus)
25 cm
26.
Black (Balkan) barbel (Barbus petenyi)
17 см
27.
Mariska barbel (Barbus cyclolepis)
17 см
28.
Coastal barbel (Barbus bergi)
17 cm
29.
Carp (Cyprinus carpio)
30 cm
30.
Golden crucian carp (Carassius carassius)
15 см
31.
Crucian carp (Carassius gibelio)
15 см
32.
Silver Carp (Hypophthalmichthys molitrix)
40 см
33.
Bighead carp (Aristhichthys nobilis)
40 cm
34.
Grass carp (Ctenopharyngodon idella)
40 cm
35.
Black carp (Mylopharyngodon piceus)
40 cm
Sam. Bufalovi (Catostomidae)
36.
Buffalo (Ictiobus spp.)
30 cm
Sam. Somovi (Siluridae)
37.
Catfish (Silurus glanis)
65 cm
Sam. American catfish (Ictaluridae)
38.
(American) channel catfish (Ictalurus punctatus)
25 см
Сем. Cod Family (Gadidae)
39.
Mihalca (Lota lota)
25 cm
Sam. Kosturovi (Percidae)
40.
Whitefish (sulka) (Stizostedion lucioperca lucioperca/Sander)
45 cm
41.
River perch (Perca fluviatilis)
12 cm
42.
Big vretenarka (Zingel zingel)
25 cm
B. fish Passage
Sam. Sturgeon (Acipenseridae)
43.
Beluga (Huso huso)
180 cm
44.
P″struga (Acipenser stellatus)
120 cm
45.
Russian sturgeon (Acipenser gueldenstaedti)
120 см
Сем. River eels (Anguillidae)
46.
European freshwater eel (Anguilla anguilla)
50 cm
Sam. Clupeidae (Clupeidae)
47.
Shad, Danube mackerel (Alosa immaculata)
22 cm
In marine fish.
Sam. Spiny sharks (Squalidae)
48.
Black razor shark (Squalus acanthias)
90 cm
Sam. Clupeidae (Clupeidae)
49.
Sprat (sprat, sprat, šprot) (Sprattus sprattus sulinus)
7 cm
Sam. Hamsievi (Engraulidae)
50.
Anchovy (Engraulis encrasicholus ponticus)
8 cm
Sam. Zarganovi (Belonidae)
51.
Garfish (Belone belone)
25 cm
Sam. Cod Family (Gadidae)
52.
Black Sea whiting (Merlangius merlangus euxinus)
8 см
Сем. Kefalovi (Mugilidae)
53.
Sea mullet (Mugil cephalus)
25 cm
54.
Mullet (Mugil soiuy) pelingas
30 cm
55.
Platerina (Liza aurata)
25 cm
56.
Ilaria (Liza saliens)
22 cm
Sam. Aterines (Atherinidae)
57.
Aterina (Atherina spp.)
10 cm
Sam. Sea bass (Serranidae)
58.
Seabass (Dicentrachus labrax Morone labrax/)
28 cm
Sam. Safridovi (Carangidae)
59.
Horse mackerel (Trachurus mediterraneus ponticus)
12 cm
Sam. Smaridovi (Centracanthidae)
60.
Smarid (Spicara spp.)
12 cm
Sam. Barbunovi (Mullidae)
61.
Striped (Mullus barbatus ponticus)
8 cm
62.
Black mackerel (Scomber scombrus)
22 см
63.
Bonito (Sarda sarda)
28 cm
Sam. Goby (Gobiidae)
64.
Grass (Zosterisessor ophiocephalus) goby
12 cm
65.
Golâmoglavo goby (Neogobius cephalargoides)
12 cm
66.
Round Goby (Neogobius
melanostomus)
12 cm
67.
Lihnus (Mesogobius batrachocephalus)
15 cm
68.
Širokoglavo goby
(Neogobius euricephalus)
12 cm
Sam. Scophthalmidae (Scophthalmidae)
69.
Turbot (Psetta maxima)
45 cm
Sam. Pisievi (Pleuronectidae)
70.
Flounder (Platichthys flesus luscus)
20 cm
Aquatic animals.
Class Amphibia (Amphibia)
71.
Marsh frog (Pelophylax ridibundus)
30 (d)
Class Crustaceans (Crustacea)
72.
Ordinary prawns (Leander spp.)
5 cm
73.
Sand shrimp (Crangon sp.)
5 cm
74.
Lake (Astacus leptodactylus) cancer
8 cm
75.
Pagur (Eriphia verrucosa)
8 cm
76.
Normal (green) hooked crab (Carcinus maenas)
4 cm
Pectinidae (Bivalvia)
77.
Clam River, sedefki (Unio spp.)
8 cm
78.
Clam River, bezz″bki (Anodonta spp.)
10 cm
79.
Mediterranean Mussels (Mytilus galloprovincialis)
7 cm
80.
White sand clam (Mya arenaria)
2 cm
“
Transitional and final provisions
§ 119. (1) a person who at the date of entry into force of this law carries out commercial fishing, breeding and rearing fish and other water organisms, as a registered buyer, or activity centre for first sale shall be registered as a legal entity or sole trader under the commercial law by 31 December 2012.
(2) after registration under para. 1 legal entity or sole trader in NAFA or her territorial unit in the sample application for the issuance of new commercial fishing permit and making a new registration. For the issue of a new permit fee shall not be paid.
(3) the issued permits and registrations carried out for commercial fishing to persons who, within the period referred to in paragraph 1. 1 are not registered as legal entities or sole traders shall be terminated with effect from 1 January 2013.
§ 120. The owner of a ship registered in the fishing vessel register the day of the entry into force of this law, within 6 months from its entry into force the present in her or in the NAFA territorial unit declaration that his fishing vessel is registered under the law on foodstuffs.
§ 121. A person who, on the day of entry into force of this law, licensed commercial fishing in ribnostopanski objects of art. 3, al. 1, item 2, shall be registered by the procedure of art. 25-25 (d) by 31 December 2012.
§ 122. In the law on biological diversity (edu., SG. 77 of 2002; amended and 88/105 by 2005, issue 29, 30, 34 and 80 of 2006, issue 52, 53, 64 and 94 in 2007, 43/2008 19/80 and 103/2009, no. 62 and 89 from 2010, issue 19 and 33 of the 2011 and 2012 from 32) in art. 49, para. 1 make the following amendments and additions:
1. In paragraph 3 the words "fish and" are deleted.
2. a new item 4:
"4. the Minister of agriculture and forests – for fish in annex 4, following consultation with the Minister of environment and waters;".
3. The current paragraph 4 becomes item 5.
§ 123. In the law on animal husbandry (official SG. 65 since 2000; amend., no. 18 of 2004, no. 87 and 105 by 2005, issue 30, 34, 80 and 96 06, no. 51 and 53 of 2007 No. 36 and 43 of 2008 26th/2010 and 8/2011) the following amendments and supplements shall be made :
1. In art. 13, para. 5, the words "article. 137 of ' shall be deleted.
2. In art. 15A:
(a)) in the Al. 1 the words "Ministry of agriculture and food" shall be replaced by "Regional Directorate" Agriculture "in the location of the enterprise";
(b)) in the Al. 2 in the text before point 1, the words "the Minister of agriculture and forests" are replaced by "the Director of the Regional Directorate for agriculture;
in) paragraph 3 shall be amended as follows:
(3) within one month of receipt of the request and of the documents referred to in para. 2 the Director of the Regional Directorate for agriculture or an official authorised by him shall issue a certificate of registration or makes reasoned refusal. In this period, if necessary, may be requested from the applicant a written supplement or specify the documents referred to in para. 2. The regional directorates for agriculture "provided in the Ministry of agriculture and food information for registered establishments.";
(d)) in the Al. 5, the words "Department of agriculture and food" shall be replaced by the words "the Regional Directorate for agriculture;
(e)) in the Al. 6 in the text before point 1, the words "the Minister of agriculture and forests" are replaced by "the Director of the Regional Directorate for agriculture.
3. In art. 32A:) in the Al. 3. t 6 is created:
"6. carry out activities in violation of art. 8, al. 1 or 2. ";
(b)) paragraph 4 shall be replaced by the following:
(4) withdrawal of authorization shall be notified and may be appealed pursuant to the administrative code before the Supreme Administrative Court. The appeal of the Act does not stop its implementation. "
§ 124. Within 6 months from the entry into force of this Act, the Minister of agriculture and food and the Minister of environment and waters issued regulations on the application of the law.
The law was adopted by 41-Otto National Assembly on 19 July 2012 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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