RUSSIAN FEDERATION FEDERAL LAW On aquaculture (fish farming) and amendments to selected legislative acts of the Russian Federation Adopted by the State Duma June 2013 Approved by the Federation Council on 26 June 2013 (In the revision of the Federal Law dated 13 July 2015 N 244-FZChapter 1. General provisions Article 1. The object of regulation and purpose of this Federal Act 1. This Federal Act establishes the legal framework for regulation of aquaculture (fish farming), including the protection of the rights and interests of natural persons and legal entities engaged in business and other activities in this field. fields. 2. The purpose of this Federal Law is to ensure the production of fish and other products of aquaculture, conservation of aquatic biological resources. Article 2: Basic concepts This Federal Law uses the following basic concepts: 1) aqua culture (fish farming)-activities related to the breeding and (or) content of objects Aquaculture; (2) Aquaculture objects-aquatic organisms, breeding and (or) the substance produced in an artificially created habitat; 3) artificially created habitat-water objects, OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the exclusive economic zone of the Russian Federation, the construction, where the breeding and (or) contents, the production of aquaculture facilities are carried out with the use of special devices and (or) technologies; 4) marine aquaculture (mariculture)-aquaculture (fish farming) carried out in respect of marine objects of aquaculture; 5) fishwater-water object and (or) part of it, section of continental shelf of the Russian Federation, section of exclusive THE RUSSIAN FEDERATION Aquaculture (fish farming); 6) Fish infrastructure-property complexes, including installations, buildings, structures, structures, land, equipment, artificial islands needed for implementation Aquaculture (fish farming); 7) aquaculture products-food fish products, non-food fish products and other products made from aquaculture sites; 8) rivets of aquaculture facilities; used for selection purposes, object reproduction purposes Aquaculture with high breeding and productive qualities, conservation of aquatic biological resources; 9) fisheries-legal entity, peasant (farm) economy, and also equated to them The Federal Act and the aquaculture (fish farming) individual entrepreneur. Article 3. Legal regulation of the relations in the field of aquaculture (fish farming) 1. The legal regulation of relations in the field of aquaculture (fish farming) is carried out by this Federal Law, other federal laws, the laws of the constituent entities of the Russian Federation, the decrees of the President of the Russian Federation, and regulations OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. If the international treaties of the Russian Federation in the field of aquaculture (fish farming) have different rules than those provided for in the legislation of the Russian Federation regulating relations in aquaculture (fish farming), apply the rules of these international treaties. 3. The legal regulation of aquaculture (fish farming) is based on the following principles: 1) the importance of aquaculture (fish farming) as an important component of human activity; 2) aquaculture (fish farming) techniques that do not allow damage to the environment and aquatic biological resources; 3) participation of citizens, public associations, associations of legal persons (associations and unions) in matters relating to Aquaculture (fish farming) according to which these actors have the right to participate in the preparation of decisions, the implementation of which contributes to the development of aquaculture (fish farming), and the bodies of state power, local authorities, entities of economic and other activities are obliged to ensure The possibility of such participation in the manner and in the forms established by law; 4) adoption of measures of State support for the implementation and development of aquaculture (fish farming); 5) free and grant access to Information on the use of fish in the use of fish. 4. Classification of aquaculture facilities, aquaculture activities (fish farming), fish farms, aquaculture facilities and other objects used for aquaculture (fish farming), and special devices, and (or) technologies are implemented in nomenclatures and handbooks in accordance with the international treaties of the Russian Federation, this Federal Law, other federal laws, and other normative instruments adopted by them OF THE PRESIDENT OF THE RUSSIAN FEDERATION If otherwise not established by the legislation of the Russian Federation, aquaculture (fish farming) natures and handbooks are being developed and approved by the authorized Government of the Russian Federation by the Federal Executive. Article 4. The fish parts 1. Fishing plots are allocated in fisheries basins established under the Federal Act of 20 December 2004 N 166-FZ " O Fisheries and conservation of aquatic biological resources ". 2. Russian Federation's continental shelf and boundaries of the continental shelf of the Russian Federation and parts of the exclusive economic zone of the Russian Federation In accordance with the requirements of the Russian Federation Water Code, the Federal Law of 30 November 1995, No. 187-FZ " O OF THE RUSSIAN FEDERATION AND THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation. (In the wording of Federal Law No. N 244-FZ)3. In ponds, quarries, as well as water facilities used in the operation of the reclamation systems, including irrigation systems, fish plots are not allocated. 4. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 5. Use of water objects for aquaculture purposes (fish farming) 1. For the purposes of aquaculture (fish farming), all water uses provided for in article 38 of the Russian Water Code are permitted. 2. The special characteristics of water use for aquaculture (fish farming) are established by the federal executive authority of the Russian Federation. Article 6. Establishment and operation of the fisheries infrastructure 1. The characteristics of the use of land for aquaculture (fish farming) are established in accordance with the requirements of the Land Code of the Russian Federation by the Government of the Russian Federation authorized by the Federal Executive. 2. The characteristics of the construction and operation of buildings, buildings and structures for aquaculture (fish farming) are determined in accordance with the requirements of the Town Planning Code of the Russian Federation in accordance with the procedure established by the Government Commissioner OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Characteristics of the establishment, operation and use of facilities, installations, artificial islands for the purposes of aquaculture (fish farming) in the domestic seawater of the Russian Federation in the territorial sea of the Russian Federation on the continental shelf OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the year N 155-FZ " On Inland Waters, of the territorial sea and adjacent zone of the Russian Federation ", Federal Act No. 187-FZ of 30 November 1995 on the continental shelf of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Government of the Russian Federation. Chapter 2: Economic framework for the implementation of aquaculture Article 7. Aquaculture objects, aquaculture products, fishers, fish-water objects infrastructure as objects of civil rights 1. Aquaculture objects, aquaculture products, fish and aquaculture facilities are subject to civil rights under the Civil Code of the Russian Federation. 2. Contractual obligations and other relationships relating to the circulation of aquaculture and fish sites are regulated by civil law to the extent permitted by this Federal Law. Article 8. Ownership of aquaculture sites 1. Fishery farms are owners of aquaculture facilities, unless otherwise provided by federal laws. 2. The right to ownership of aquaculture facilities arises under civil law and part 3 of this article. 3. Fish farming, which is a pastoral aquaculture, acquires the ownership of the extracted (captured) aquaculture facilities in accordance with the Civil Law, the contract for the use of the fisher's fish State or municipal property and act of issuance in accordance with article 12 of this Federal Act. Article 9. A contract for the use of a ginger section located in State or municipal property 1. Under a contract for the use of a goldmine in state or municipal property (hereinafter referred to as the contract of use of the fish), the owner of the property is obliged to grant it to the fish for a temporary payment. The use of aquaculture (fish farming). 2. The essential terms of the contract for the use of the goldfish in the state or municipal property are: 1) the party and the subject matter of the contract; 2) the duration of the contract; 3) the location and (b) The area of the fish-water area; (4) the species composition of the aquaculture facilities to be produced and (or) the contents, the production, as well as the release into the water object and the removal of the water from the water object within the boundaries of the fish section; 5) bases and conditions governing the removal of aquaculture from water (a) (b) (c) (c) (b) (c) (c). The obligations of the fisheries sector to carry out activities for the protection of the environment, water bodies and other natural resources; 9) the obligations of the fish farming system to be provided in the manner established by the Government Commissioner THE RUSSIAN FEDERATION Reporting on the volume of releases to water bodies and volume of water withdrawals from water objects; 10) liability of the parties. 3. A fish-water contract is subject to early termination under the Civil Law unilaterally, at the request of the owner of the fish section, in the case of the use of a fish-breaking section in violation OF THE PRESIDENT OF THE RUSSIAN FEDERATION by the federal executive authority for the non-implementation of the said activities. 4. The modification of the essential terms and conditions of the contract of use of the redhead, as well as the transfer, assignment of rights to third parties under such contract are not permitted. 5. The contract of use of the fish is for a period of between five and twenty-five years. Article 10. The procedure for the conclusion and termination of the contract for the use of the ybovone site 1. The contract of use of the redhead consists of tender results (contests, auctions), except as provided for in Part 3 of this Article. 2. The procedure for the organization and conduct of tenders (contests and auctions) for the right to conclude a contract for the use of a fish is established by the Government of the Russian Federation. 3. Non-commercial aquaculture (fish farming), which relates to the conservation of aquatic biological resources, consists of a non-repayable fish-free contract (tenders, auctions). Chapter 3: Aquaculture (fish farming) Article 11. Aquaculture (fish farming) 1. Aquaculture (fish farming), relating to agricultural production, is a commercial aquaculture (fish farming) and is carried out in accordance with this Federal Act, other federal laws, and the laws of the subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION the local authorities. 2. Aquaculture (fish farming), including the acclimatization and artificial reproduction of aquatic biological resources related to the conservation of aquatic biological resources, is carried out in accordance with this Federal Law to the extent that This is permitted by the Federal Law of 20 December 2004 N 166-FZ "On Fisheries and Conservation of Water Biological Resources". Article 12. Implementation of Commodity Aquaculture (Commodity ) 1. Commercial aquaculture (fish farming), including mariculture, is a type of entrepreneurial activity relating to agricultural production. 2. The types of aquaculture (fish farming) are: 1) Pastoral aquaculture; 2) industrial aquaculture; 3) aquaculture. 3. Commercial aquaculture (fish farming), including mariculture, can be carried out either with or without water use. 4. Pasture aquaculture is carried out at fish-water sites for aquaculture facilities, which are produced in water facilities where they live in a natural freedom. 5. In pastoral aquaculture, the confirmation of the production of aquaculture facilities in the water object and the basis for the removal of aquaculture facilities from the water object is the act of issue. The act of issue is signed by the authorized representatives of the [ [ fishermen]], the [ [ Ministry of Agriculture (Russia)]] and the [ [ executive authority]] of the federal executive branch of the federal executive branch The Russian Federation and (or) the local government. The act of issue specifies the date and place of the release of aquaculture facilities in the water object, information on the types of objects of aquaculture, the volume of aquaculture production, as well as the amount to be seized of aquaculture facilities that are designed for OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6. Industrial aquaculture is carried out without the use of fish-water catchment areas, in a closed water supply system, and in fish-based sites using the seqs and (or) other technical means intended for use by the Aquaculture production in an artificially created environment. 7. Prudovaya aquaculture involves the breeding and (or) content, cultivation of aquaculture facilities in ponds, quarries, and water facilities used in the operation of melioration systems, including irrigation systems. Article 13. Characteristics of breeding of tribal objects aquaculture, veterinary and plant quarantine in the area of aquaculture Characteristics of aquaculture, animal health and plant quarantine Aquaculture is established by the Government Commissioner of the Federal Government of the Russian Federation in accordance with this Federal Act and other federal laws. Article 14. Maintenance stocks 1. Formation, maintenance, operation, recording of repair and mysteries, including fish producers, are carried out by fish farms at their own expense, unless otherwise provided by the legislation of the Russian Federation. 2. The formation, maintenance and operation of repair and matte herds for the conservation of aquatic biological resources shall be carried out in accordance with the procedure approved by the authorized Government of the Russian Federation by the federal executive authority. authority. 3. A register of repair and maters is maintained by the federal executive branch of the executive branch of the Russian Federation to account for the maintenance of the water biological resources by the authorized Government of the Russian Federation. Chapter 4: Liability for violation of the legislation of the Russian Federation, which regulates relations in aquaculture (fish farming) Article 15. Liability for violation of the law of the Russian Federation concerning relations in the area of aquaculture (fish farming) Persons responsible for violations of the law of the Russian Federation In the area of aquaculture (fish farming), criminal, administrative and other liability is incurred in accordance with the legislation of the Russian Federation. Article 16. Redress for the damage caused by fish species farms, aquatic biological resources, their habitat 1. Redress for the damage caused to fish farms is carried out in accordance with the civil law. 2. Reparation for damage to aquatic biological resources, their habitat, is carried out in accordance with the Federal Act of 20 December 2004 N 166-FZ "On the fishing and conservation of aquatic biological resources". Chapter 5. Final provisions Article 17. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4147; 2005, N 30, est. 3122; 2006, N 23, 100 2380; N 50, sect. 5279; 2007, N 1, sect. 23; N 21, est. 2455; 2008, N 29, st. 3418; 2009, N 30, sect. 3735; 2011, N 29, 100 4284) the following changes: 1) Article 23, paragraph 3, paragraph 8, state: "8) Land use for hunting, fishing, aquaculture (fish farming);"; 2) first paragraph 1 Article 78, supplemented by the words "as well as for aquaculture (fish farming)". Article 18. On Amendments to the Federal Law "On Fishing and Conservation of Water Biological Resources" Amend Federal Law dated December 20, 2004, N 166-FZ "On the fishing and conservation of aquatic biological resources" (Collection of legislation of the Russian Federation, 2004, N 52, art. 5270; 2006, N 1, sect. 10; 2007, N 1, est. 23; N 50, sect. 6246; 2008, N 49, sect. 5748; 2011, N 1, est. (32) The following changes: 1) in article 1: (a) in paragraph 10-1 the words "ports of the Russian Federation;" should be replaced by " ports of the Russian Federation, and in cases referred to by this Federal Act, trans-shipment of water catches Bioresources and production on vessels of fishing fleets of fish and other products from aquatic bioresources; "; b), paragraphs 17 and 18 shall be declared void; in paragraph 20 the word" aquaculture, " delete; g) in paragraph 21 words ", commercial fish farming", delete; (2) in article 7-1: (a) Part 2 is supplemented by the words "as well as in the cases referred to by this Federal Law for vessels of the fishing fleet"; b) in Part 3 of the word "as well as commercial fish farming," delete; 3) in Part 1 of Article 7-2 In the words "and commercial fish", delete; 4), article 16, paragraph 5 (5), should read: "(5) aquaculture (fish farming);"; 5) in article 18, paragraph 2, of the phrase "fish farming," delete; 6) of article 20, paragraph 3, to read: " 3. Areas of production (yield) of aquatic bioresources (areas, subdistricts, fishing zone, fishing subzone) in which coastal fisheries are authorized to overland the catch of water biological resources and the production of fishing fleets on vessels of the fishing fleet and other products derived from aquatic bioresources, indicating the types of aquatic bioresources in respect of which these overloads and the production of fish and other products are carried out, are determined by the Government of the Russian Federation on the submission of bodies OF THE PRESIDENT OF THE RUSSIAN FEDERATION (7) Article 23 should read: " Article 23. Aquaculture (fish farming) 1. Fishing for aquaculture (fish farming) is carried out in order to conserve water resources and ensure the activities of fish farming. 2. Fishing for the purpose of aquaculture (fish farming) is carried out by legal entities and individual entrepreneurs based on decisions on the provision of aquatic bioresources in use, which are taken in accordance with Article 33-2 of the present Federal law. 3. The production of aquatic bioresources in fisheries for aquaculture (fish farming) is carried out to the extent necessary to support the activities referred to in Part 1 of this Article, in accordance with the methodology approved by the federal executive authority in the field of fisheries. 4. The fishery for aquaculture (fish farming) is established by the federal executive authority in the field of fisheries. "; 8), article 30, paragraph 5, paragraph 5, restate: " 5) quotas Production (fishing) of aquatic bioresources for fishing for the purposes of aquaculture (fish farming); "; 9) in article 31, paragraph 4, of the words" fishing for commercial fisheries, reproduction and water bioresources " by the words "aquaculture (fish farming)"; 10) Paragraph 3 of article 33, paragraph 3, of article 33 (2), as follows: "(3) aquaculture (fish farming);"; (fish farming); "; 12) Article 44 should read: " Article 44. Land Reclamation 1. The improvement of hydrological, hydrogeochemical and ecological conditions of water bodies in order to create conditions for the conservation and rational use of aquatic bioresources, as well as Ensuring the production of aquaculture products. 2. The management of fisheries reclamation is established by the federal executive authority in the area of fisheries. 3. In order to ensure the production of aquaculture products, fisheries reclamation is carried out by fish farms in accordance with the contract for the use of the fish-water section of the Federal Act " On aquaculture OF THE PRESIDENT OF THE RUSSIAN FEDERATION Reclamation can be carried out by: 1) dredging and (or) excavation work; 2) water plants removed from the water object; 3) Creation of artificial reefs, bottom landscapes to improve the ecological condition of the water object; 4) elimination of predatory species and low-value aquatic bioresources. The list of predatory species and low-value aquatic bioresources for each fishery is approved by the federal executive authority in the fisheries sector. "; " Article 45. Artificial reproduction of aquatic bioresources 1. The artificial reproduction of aquatic bioresources is provided by the federal executive authority in the field of fisheries and its federal State budget institutions, as well as legal persons, individually In accordance with the plans approved by the federal executive authority in the field of fisheries, entrepreneurs are contracted to perform water biological resources in accordance with State contracts or contracts for the artificial reproduction of aquatic bioresources. The procedure for the preparation and approval of plans for the artificial reproduction of aquatic bioresources is established by the federal executive authority in the area of fisheries. 2. Plans for the artificial reproduction of aquatic bioresources include the volume and composition of artificial biological biological resources based on: 1) recommendations of research organizations under federal jurisdiction 2) applications of legal persons, individual entrepreneurs, submitted in accordance with the procedure established by the Government of the Russian Federation, in accordance with article 33, paragraph 3, of the present report Federal Law; 3) statements by legal persons, Individual entrepreneurs on the implementation of the artificial reproduction of aquatic bioresources without the provision of aquatic bioresources to be used in accordance with the procedure established by the federal executive authority in the field of fisheries. 3. The artificial reproduction of aquatic bioresources is carried out both with and without the provision of a single section. 4. The issue of water biological resources in the fisheries management system is confirmed by the act of issue. The act of the issue reflects information on the species composition of aquatic bioresources, their quantitative and qualitative characteristics, the date and place of production of water bio-resources in the water object, the details of the state tasks under which they are produced The said issue of the artificial reproduction of aquatic bioresources by federal state budget institutions under the federal executive authority in the field of fisheries, or state of the contract or contract for the performance of The reproduction of aquatic bioresources, which are concluded with legal persons or individual entrepreneurs, and according to which water bio-resources are produced in water bodies. 5. The artificial reproduction of aquatic bioresources is carried out in accordance with the methods or instructions approved by the federal executive authority in the field of fisheries. 6. The Government of the Russian Federation shall establish the procedure for the organization of artificial reproduction of aquatic biological resources. 7. Federal State budgetary institutions under the authority of the federal executive authority in the field of fishing perform artificial biological biological resources in accordance with the State assignment approved in the The order is set. 8. The State contract for the artificial reproduction of aquatic bioresources is to be concluded by the federal executive authority in the area of fishing with a recognized state order In accordance with the legislation of the Russian Federation on the contractual system in the sphere of procurement of goods, works and services for the provision of state and municipal needs. 9. The contract for the work on artificial reproduction of aquatic bioresources is concluded by the federal executive authority in the field of fishing with a legal person or sole proprietor for purposes of: 1) compensation Damage caused to aquatic bioresources and their habitat; 2) for the artificial reproduction of aquatic bioresources at the expense of own means of legal person or sole proprietor. 10. The contract for the work on the artificial reproduction of aquatic bioresources should state its parties, the subject matter of the contract (including the name of the aquatic bioresources to be released into the water object, quantity and quality The characteristics of the aquatic bioresources, the timing of its release), information on water bodies of the fishery used for the artificial reproduction of aquatic bioresources and other conditions may be specified. 11. The contract for the artificial reproduction of aquatic bioresources is concluded for a period of up to twenty-five years. ". Article 19. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2381; N 50, est. 5279; 2008, N 29, 100 3418; 2011, N 1, st. 32; N 30, est. The following changes: 1) in Article 11: a) Part 2 to supplement paragraph 12 of the following content: " 12) abstraction water from surface water bodies and their discharge in aquaculture (fish farming). "; b) in Part 3: in paragraph 7, replace" reproduction "by" aquaculture (fish farming) "; , in paragraph 10 of the word" fish farming ", delete; 2) in Part 2 Article 38, the words "fish farming" should be replaced with the words " aquaculture (fish farming) "; 3) Article 51-1, amend to read: " Article 51-1. Use of water facilities for the purposes of fishing and aquaculture (fish farming) The use of fisheries management for fisheries and aquaculture (fish farming) is carried out in accordance with The present Code, the legislation on fisheries and the conservation of aquatic biological resources and the legislation of the Russian Federation regulating relations in the field of aquaculture (fish farming). ". Article 20. Recognition of the invalidated provisions of the legislations of the Russian Federation Admit invalid: 1) article 1, paragraph 1, of Federal Law N 250-FZ" On amendments to the Federal Law "On Fishing and Conservation of Water Biological Resources" and selected pieces of legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5748); 2) Article 1 (1) (b) of the Federal Law of 28 December 2010, No. 420-FZ "On amendments to the Federal Law" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 32). Article 21. Final provisions 1. In the event that a fish farming is provided to fish for commercial fish farming prior to the date of entry into force of this Federal Act on the basis of a contract for the supply of a fishing sector, this contract shall be reprocessed without tendering by entering into a contract for the use of the redhead for the remainder of the term of the previous agreement on the supply of the fishing sector. 2. The contract of use of the fish shall be concluded with the fish in part 1 of this article within two years after the date of the entry into force of this Federal Law in the manner prescribed by the Government Commissioner OF THE PRESIDENT OF THE RUSSIAN FEDERATION The treaty must contain provisions stipulated in article 9, paragraph 2, of this Federal Act. Article 22. The procedure for the entry into force of this Federal Law 1. This Federal Act shall enter into force on 1 January 2014, with the exception of provisions for which this article sets a different time limit for their entry into force. 2. Subparagraph 1 (a), subparagraph (a), (a), and article 18, paragraph 6, of this Federal Act shall enter into force 10 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 2, 2013 N 148-FZ
