Amendments To The Cabinet Of Ministers Of 8 May 2001 On The Terms Of Nr. 188 "operating Result Of Fish Resources In The Determination Of Injury Caused And Compensation Procedures"

Original Language Title: Grozījumi Ministru kabineta 2001.gada 8.maija noteikumos Nr.188 "Saimnieciskās darbības rezultātā zivju resursiem nodarītā zaudējuma noteikšanas un kompensācijas kārtība"

Read the untranslated law here: https://www.vestnesis.lv/ta/id/136516

Cabinet of Ministers Regulations No. 442 Riga, 30 May 2006 (pr. No 30 42) amendments to the Cabinet of Ministers of 8 May 2001 on the terms of Nr. 188 "operating result of fish resources in the determination of injury caused and compensation order" issued under the Fisheries Act, article 26 of the fifth to make the Cabinet 8 May 2001 regulations No 188 "operating result of fish resources in the determination of injury caused and compensation procedures" (Latvian journal, 2001, nr. 73; 2004, nr. 4) the following amendments : 1. Express points 5 and 6 by the following: "5. the damages caused to the fishery resources shall include both the direct loss of fish resources and indirect losses resulting from fish food object, natural spawning grounds of fish and Habitat loss, including losses incurred as a result of fisheries yield the body of water. 6. Fisheries expertise necessary for fish resources in the evaluation of damages suffered and loss calculation, the national agency "Latvian fish resource agency" (hereinafter referred to as the Agency) or other legal entity which rules or statutes are intended for scientific research work. If the inspection is not carried out by the Agency, but the other legal person, it carried out inspection of materials submitted for evaluation in the Agency and to its opinion added to the fisheries inspection materials. 6.1. the fisheries inspection: evaluate the economic direct and indirect impacts on fish resources, using the expertise available research data or, where necessary, through direct research, analysis or experimentation a given body of water; 6.2. preparing an opinion on fish resources of the loss caused to the causes and types of damages. Opinion is the basis for the fish resources in the calculation of the loss suffered. The opinion also provides suggestions for possible loss of form of compensation according to paragraph 17 of these regulations, as well as recommendations for the reduction of the loss or damage. " 2. Make paragraph 9 by the following: "9. in determining the level of the injury caused to the fishery resources, fisheries inspection assessed: 9.1. fisheries policy of direct loss of guš fish, fish fry, fish eggs and Larval mortality; 9.2. the direct destruction of fish-spawning fish losses in future years; 9.3. the fish food base loss, which reduces the water resource of fish biomass growth; 9.4. the natural fish spawning ground loss and pirmsnārst of fish and spawning migration similar interference, which reduces the number of fish spawning and spawn efficiency; 9.5. the fish habitats and wintering ground loss that reduces the productivity of fisheries waters; 9.6. water body or the affected parts in the common fisheries productivity loss or decrease in productivity for a specified period-if the fish resources in the evaluation of the damages caused to be carried out in accordance with the provisions of point 5.2 of the annex. " 3. Make the following paragraph 11: "11. damages caused to the fishery resources shall be determined by calculating the loss of certain fish species, and the total amount of the loss is measured as fishing (commercial fishing and angling) average used the total value of fish. This value is calculated in accordance with the provisions of annex 7. knot kt. If the fish resources suffered a loss in illegal operations, the loss for the determination of the total size of the coefficient of 4. " 4. Add to paragraph 14, after the word "place" (fold) with the words "or habitats" (fold). 5. Make a point 15 as follows: "15. Main fish species used in the calculation of the loss of use referred to in the annex to these rules and formulas. If necessary, fisheries inspection, on the basis of the fisheries resources research made body of water that caused the loss, or analog aquifer fixing different fish estimated coefficients atguvum, as well as the loss of the fish used in the calculation of productivity and fish food base scores body that caused the loss, or analogous body. " 6. To express the following paragraph 16: "16. calculation of the damage indicates the extent of the loss in monetary terms and fisheries inspection suggested the loss of form of compensation pursuant to paragraph 17 of these rules. If in the opinion of the fisheries inspection as a total or partial loss of the nature of the compensation recommended compensation measures, which do not provide for the transfer of funds to the State General Revenue Fund for Fish, this measure plan which identifies specific measures, the amount of costs and expenses approved by the national fisheries authority. Plan added to the fisheries inspection and calculation of loss. " 7. Express 18 as follows: "6. If the fish resources of the injury caused to the legal or natural person is compensated for in various ways, the total amount of compensation must correspond to a loss in the loss calculation about the opinion and expertise of the intended measures. " 8. Make the paragraph 19 by the following: "19. Fisheries expertise on fish resources in the evaluation of damages suffered and for calculation suggests the Ministry of environment of the State Department of environmental services (hereinafter referred to as the authority), the sending agent activity (also the cause of the emergency or accident) request for fisheries inspection. The request shall indicate the fish resources of the effects of economic activities, for which the fisheries inspection should be carried out. The Authority proposes fisheries inspection, even if the economic activity is already ended or loss caused the accident, accident or by illegal action, and proposes a new fisheries inspection, if after making the fisheries inspection changes operating limit, volume, or other circumstances that change the economic impact on fish resources. " 9. Express 21 and 22 the following: "21. Fisheries inspection findings and the conclusions contained therein, are also taken into account in developing the operational design of technical provisions in accordance with the law" on environmental impact assessment "or when issuing an authorisation for business activities in accordance with the laws and regulations of the waterworks structures of port special provisions. 22. the economic operator (also the cause of the emergency or accident) provides the performance of fisheries inspection authority in the prescribed period, but not later than six months after the permanent economic activities, occasional or periodic transactions completed, illegal activity or emergency stop or accident relief. Expenditure on fisheries inspection and calculation of loss shall be borne by the legal or natural person who has made the economic activities or caused the crash or accident. " 10. To make 25 as follows: "25. Economic operator fisheries inspection materials with loss calculation shall be submitted to the institution." 11. Replace paragraph 26, the words "fisheries management" with the word "authority". 12. Add to paragraph 28 of the second sentence as follows: "a copy of the decision body shall send the national fisheries management." 13. Express 29.2 and 29.3. subparagraph such.: "let the respective 29.2. the body of fish fry and young fish of design admission Act, drawn up in accordance with the legislation on fisheries for restocking fish fry in the natural water loading; 29.3. taking measures to compensate for the loss of fish resources, including providing road construction ūdenstil of fish-spawning aizsprosto and pj location or Habitat of conditioning the financial compensation. For the work presented in the work of making a statement, signed by the participants in the work of the authority, the legal or natural person who caused the injury, a representative of the Agency and its local representative, whose territorial waters or coastal waters suffered a loss. " 14. paragraph 30 expressing the following: "30. For fish resources for loss suffered, taking into account the duration of the economic activities, the money paid (for payments made to the authority which made the decision in question) the following periods of time: 18.7. If economic activity lasts no more than a year-month after the rule referred to in paragraph 27 of the decision; 30.2. If economic activity lasting more than a year-three months after these regulations referred to in paragraph 27 of the decision; 30.3. If economic activity is persistent or recurring and constant-current compensation no later than the end of September of the year. " 15. Delete paragraph 37. 16. Express attachment as follows: "Cabinet of Ministers of 8 May 2001, regulations No 188 economic result of fish resources in the evaluation of damages suffered by 1. Fishery resources in direct loss shall be calculated as if the fish, their eggs, larvae or fry the shipwreck is listed directly in nature or numeric. Fish resource loss is calculated using the following formula: Z = S x C x (N + n0 x N1 x n2 k0 + k1 + k2 + k3 x n3 x) where: Z-fish resource loss, Lsu; S-fish used the average weight, kg; C-fish price, Ls/kg; N- as the number of adult fish pieces; N0-dead fish eggs, the number of pieces; N1-the dead fish larvae, number of pieces; N2, n3 – the victims of different age or stage of development that the number of juveniles PCs.; K0, k1, k2, k3-atguvum ratio-from eggs (k0), Caterpillar (k1) and different age or stage of development that the FRY (k2 and k3)-in accordance with paragraph 6 of this annex. 2. on the basis of the next generations of the reduction in the number of fish fish fish for direct losses, the loss of resources for the future, bearing in mind that the dead fish would be given not only to catch, but naturally also populated with descendants and future generations to preserve the stability of resources. The loss of resources in the future is calculated using the following formula: Zn = S x C x Np x M x x x A k0 where Gni: Zn-loss of fish resources in the future, Ls; S-fish used the average weight, kg; C-fish price, Ls/kg; WIP-potential spawning fish that lost adult fish, fry eggs, larvae or death due to PCs.; M-fish-part bar; SNA-specific species of fish spawning times; A-average female fertility-eggs, the number of pieces; K0-atguvum ratio of eggs, in accordance with paragraph 6 of this annex. 3. Fish food base, which result in loss of fish resources in fisheries productivity, defined on the basis of the main fish feed based Group-zooplankton and zoobenthos organisms-fate assessment, and expressed how lost (not get) fish biomass increase: 3.1 loss of zooplankton resources due to the shipwreck is calculated using the following formula: Zp = T x x x x Bp kpv JFP KPBS x C where: Zp-fish resource loss in fish food base-because of zooplankton-destruction , Ls; T-the volume of water that affected economic activities harmful factors, m3; BP-zooplankton biomass in the medium, kg/m3; kpv-factor that determines what part of the zooplankton die operating harmful factors; JFP-factor that determines the use of fish feed the zooplankton from the total Zoo plankton biomass; KPBS-fish food (biomass growth of gum) coefficient of zooplankton; C-fish price, Ls/kg; 3.2. loss of zoobenthos resources due to the shipwreck is calculated using the following formula: Zb = Lb x Bb x x x x C QMV Kbps which kbb: Zb-fish resource loss in fish food base-zoobenthos-shipwreck, Ls; Lb-water body area that come to the adverse economic factors, m2; BB-the average biomass of zoobenthos, kg/m2; kbv-factor that determines what part of zoobenthos killed harmful economic factors; kbp-a factor that determines the use of fish feed on zoobenthos of the total biomass of zoobenthos; kbb-fish food (biomass growth of gum) coefficient of zoobenthos; C-fish price, $/kg. 4. the natural Fish spawning ground loss and/or equivalent disturbance of fish spawning and migration before spawning, which determines the number of fish spawning and fish the next generational decline, calculated by taking into account whether the spawning grounds or spawning the possibility of loss is a one-time, short-term or long-term. One-off or temporary spawning ground opportunity loss of spawning or causing the loss of one or more years, but long-term (annual) loss is to be calculated, if spawning ground or spawning option loss is irreversible. Fish resource loss due to the loss of spawning ground is calculated using the following formula: Zn = Ln x np x x x S x C knv CN x that Bse: Zn-fish resource loss due to the loss of spawning grounds, Ls; LN-spawning site, m2; WIP-spawning area productivity-eggs, larvae or FRY (n0, n1, n2, n3), pieces per; knv-factor that determines what part of the larvae or fry eggs die operating harmful factors; kN-atguvum ratio-from eggs, larvae or FRY (k0, k1, k2, k3); S-fish used the average weight, kg; C-fish price, Ls/kg; GS-the number of years that a spawning ground of fish is damaged or lost. 5. Fish Habitat and hibernation sites, which determines the reduction of fish resources and Habitat loss for wintering grounds, is determined by calculating the difference of the productivity of the site before and after the economic impact: if fish habitats 5.1 and wintering site for determining productivity indicators are available for adult fish, the larval or juvenile area or volume (pieces or pieces per/m3), loss of fish stocks or fish habitat loss wintering ground of calculation using the following formula: Zd = Ld (N-N1) x x x x x C CN S Gs: Zd-which fish resource loss in fish habitat or wintering ground loss, Lsu; LD-habitats or wintering areas in the area or volume of water that come to the adverse economic factors, m2 or m3; N-adult fish, their eggs, larvae or FRY before exposure to hazards, pieces or pieces per/m3; N1-adult fish, their eggs, larvae or FRY after exposure to harmful factors, PCs. PCs. per or/m3; kN-atguvum ratio-from eggs, larvae or FRY (k0, k1, k2, k3); S-fish used the average weight, kg; C-fish price, Ls/kg; GS-the number of years in which the fallen fish habitats or wintering area in fisheries productivity; 5.2. If the productivity of fish habitat determination 5.1 of this annex is not available in these indicators, it can be replaced with a catch of fisheries productivity per unit area (kg/ha) in certain fish species or fish all together. In this case, the loss of resources habitat loss due to productivity is calculated using the following formula: Zdp = Lp x (P-P1) x C x Gs: which fish resources in the Zdp-loss of Habitat productivity loss due to the Ls; LP-space, come to the business activity of harmful factors, ha; P-square, productivity or species concerned all fish together before the effects of the harmful factors, kg/ha; P1-area productivity relevant fish species or fish all together after exposure to the harmful factor, kg/ha; C-fish price, Ls/kg; GS-the number of years in which the fallen fish habitats or wintering area in the productivity of the fisheries. 6. the development of the various fish species and age stages used for fishing atguvum factor: No species of p.k. eggs (K0) Of larvae (K1) from babies first year (K2) Of year old and older babies (K3) turbot 0.00015 0.003 0.025 0.150 6.2 6.1 Grayling 0.00200 0.005 0.020 0.100 6.3 6.4. Ālant bass 0.00020 0.001 0.010 0.100 0.00010 0.002 0.015 0.080 of sprat 0.00005 0.002 0.101 0.193 6.5 6.6 trout (Brook , Rainbow) 0.00200 0.006 0.020 0.100 6.7. Carp bream 0.00010 0.002 0.010 0.150 0.00010 0.002 0.010 0.150 6.8 6.9. Salmon Salmon smolt 0.00200 0.006 0.015 0.025 6.10. stage-6.11 6.12 0.200 Pike 0.00010 0.005 0.010 0.150. Strap the 0.00010 0.003 0.015 0.100 6.13. Pout 0.00100 0.008 0.020 0.100 6.14. Cod 0.00001 0.004 0.314 0.478 6.15. Lamprey 0.00050 0.001 0.005 0.010 6.16. Lamprey metamorphosis stage---0.100 6.17. Snapper 0.00030 0.001 0.020 0.120 0.00150 0.003 0.025 0.150 6.19 6.18. Flounder. the Plic 0.00030 0.001 0.020
6.21 6.20. Roach 0.120 0.00010 0.002 0.010 0.100. Herring of 6.23 6.22.0.00003 0.002 0.145 0.305 Reps Rudul has 0.00030 0.002 0.010 0.100 0.00100 0.005 0.020 0.150.6.24. Smelt 0.00010 0.001 0.005 0.100 6.26 6.25. Asp 0.00100 0.005 0.020 0.120. Catfish Chub 6.28 6.27.0.00020 0.001 0.010 0.100 0.00010 0.005 0.020 0.120. Whitefish at 6.30 6.29.0.00100 0.005 0.020 0.120 Brook trout sea trout smolt 0.00200 0.006 0.015 0.038. stage-0.00001 0.002 0.020 0.120 6.32 6.31. the Forkbeard 0.250. Garfish 0.00010 0.001 0.100 0.200 cancer (6.33. Blue, šaurspīļ) Vimb-0.00050 0.001 0.010 0.080 6.35 6.34.0.01500 0.030 0.050 0.200. Zander 0.00010 0.005 0.020 0.100 6.36. Eel 0.00001-0.120 7. loss of fish resources for calculation of the value of the fish in monetary terms: no BC species value ($/kg) 7.1 7.2 turbot 2.00 1.80 Grayling 7.3 7.4 Ālant of 0.50 perch 0.70 7.5. Sprat 0.08 7.6. Trout (Brook, Rainbow) 2.00 7.7 carp bream 0.20 0.50 7.8.7.9. Salmon 2.00 7.10 7.11. Strap the Pike 0.70 0.40 7.12. Pout 0.50 7.13. Cod 0.72

7.14. Lampreys 1.95 7.15. Snapper 0.30 7.16. Flounder Plic 0.20 0.30 7.17. a 7.18. Roach 0.20 7.19. Herring 7.20 7.21 0.08. Rudul by Reps of 0.50.0.20 0.30 7.22. Smelt 7.23. Catfish 0.80 0.90 7.25 7.24. Asp. Chub 7.26. Sānpeld 3.00 principle established by 0.80. Brook trout whitefish 7.28 7.29.0.70. Chironomidae 1.80 4.20 Forkbeard is 7:30.0.70 garfish 0.30 7.32. milling certificate supporting. Cancer (šaurspīļ, blue) 7.33 7.34 12.00. Vimb-0.40. Zander 0.90 7.35. Eel 2.00 7.36. Other species of fish "0.20 Prime Minister a. Minister of Agriculture Halloween place- Minister for the environment r. vējonis