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On Fisheries And The Conservation Of Aquatic Biological Resources

Original Language Title: О рыболовстве и сохранении водных биологических ресурсов

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W a c o n Turkmenistan on fisheries and the conservation of aquatic biological resources (statements of the Mejlis of Turkmenistan, 2011, no. 2, p. 41) this law defines legal, economic and organizational bases for activities in the field of fisheries and the conservation of aquatic biological resources.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: aquatic biological resources (hereinafter referred to as the aquatic Bioresources)-fish, aquatic invertebrates, aquatic mammals, algae, other aquatic animals and plants that are in a State of natural liberty;
anadromous fish species-species of fish in fresh water, fertile commit then migrate into the sea for feeding areas and returning to spawn in their reproduction;
conservation of aquatic biological resources-maintenance of living aquatic resources, or to restore them to levels that can be provided with maximum sustainable yield (yield) of aquatic biological resources and conservation of their biodiversity through based on scientific measures to study, protection, reproduction and rational use of aquatic biological resources and the protection of their Habitat Wednesday;
extraction (catching) of water bio-resources-removal of aquatic biological resources of their Habitat Wednesday;
fishing-extraction activities (catching) of living aquatic resources in the waters of the fishery;
commercial fishing-extraction activities (catching) of living aquatic resources using special means acceptance, processing, handling, transport and storage of catches and processing products of living aquatic resources;
coastal fisheries-fisheries, coastal part of the territory of Turkmenistan, whose goal is the production (catch) and delivery of the fresh or chilled catches living aquatic resources for recycling and/or disposal;
recreational fishing is fishing, the purpose of which is the extraction (catching) of aquatic Bioresources for personal consumption;
sport fishing-fishing, the purpose of which is the extraction (catching) of aquatic biological resources in conducting sports events;
burglar coastal zone-coastal territory waterbody fisheries value, which is used for the purposes of the conservation of living aquatic resources. The border security of coastal zones are defined by the authority for the protection of aquatic biological resources in accordance with the legislation of Turkmenistan;
total allowable catches living aquatic resources-scientific values of annual production (catch) specific types of living aquatic resources in the waters of the fishery;
quota production (catch) aquatic Bioresources is a part of the total allowable catch of living aquatic resources;
permission for extraction (catching) of water bio-resources-a document certifying the right to prey (catch) a certain volume of water bio-resources;
fishing vessels-vessels used for the implementation of the fisheries, including court for acceptance, processing, storage, transport, overloading catches living aquatic resources and their products;
auxiliary ships-specialized vessels accompanying fishing vessels and used for their supply of fuel, water, food, packaging and other materials. As auxiliary vessels can be used and fishing vessels;
fish farming is a system of biological, biotechnological, technological and organizational activities aimed at increasing and reproduction of water bio-resources;
aquaculture fish and fish-breeding farms, acclimatization and cultivation of fish; production of juvenile oysters, mussels, lobster, shrimp and juvenile fish; cultivation of algae and other edible marine plants for commercial and household purposes;
water body fisheries values-all reservoirs of natural and artificial origin, paranasal water used or can be used for catches living aquatic resources or have a value for the reproduction of their stocks;
subordinate water-streams, poloi, canals, drainage systems and other sources of water balance, forming the base of water bio-resources and food are important for reproduction of water bio-resources;
fishing area-plot consisting of the water area of the water body or part of the value of the fishery and coastal land;
a fisheries protection zone-area, which is adjacent to the water area of waterbody fisheries values and which establishes a special regime of economic and other activities;
Fisheries 30,703 water body or part of the value of the fishery with the adjacent territory to which the special regime of economic and other activities for the conservation of living aquatic resources, and to create conditions for the development of aquaculture;
fisheries inventory of water objects-a collection of information about water bodies fisheries values, their water mode, stocks of water bio-resources, the use of these stocks and their users;

fisheries drainage water objects fisheries values-activities to improve indicators of hydrological, gidrogeohimičeskogo and ecological status of water bodies fisheries values in order to create the conditions for the conservation and sustainable use of living aquatic resources;
acclimatization of water bio-resources-activity on developing valuable species of living aquatic resources and their sustainable populations in waters fisheries values where these types of aquatic biological resources had not previously lived or had lost its importance;
State fisheries monitoring of water bio-resources-regular system of surveillance, physical condition of living aquatic resources as well as the structure, quality and area Wednesday.
 
Article 2. Legislation on fisheries and the conservation of living aquatic resources 1. Turkmen legislation on fisheries and the conservation of living aquatic resources based on the Constitution and consists of this law and other normative legal acts of Turkmenistan, governing the fisheries and the conservation of aquatic biological resources.
2. If the international treaties of Turkmenistan in the field of fisheries and the conservation of living aquatic resources, establish regulations other than those contained in this Act, the regulations of the international agreements.
 
Article 3. The basic principles of the legislation of Turkmenistan on fisheries and the conservation of living aquatic resources of Turkmenistan's legislation on fisheries and the conservation of aquatic biological resources is based on the following principles: 1) State control of reproduction, use and protection of aquatic biological resources;
2) control the rational use of water objects of the fishery;
3) the protection of the Habitat of aquatic Bioresources Wednesday;
4) kvotirovannogo the use of living aquatic resources;
5) State monitoring of aquatic biological resources;
6) public accounting of water bio-resources;
7) protection of rare and endangered aquatic Bioresources.
 
Article 4. The scope of this law this law applies to: 1) water fisheries;
2) fishing vessels engaged in fishing activities in the waters of the fishery values of Turkmenistan;
3) fishing vessels in open water space outside Turkmenistan, flying the national flag of Turkmenistan and assigned to the ports of Turkmenistan, unless otherwise stipulated by international treaties to which Turkmenistan is a party;
4) of land adjacent to water bodies the fisheries value and used for the purposes of the fisheries and the conservation of living aquatic resources.
 
CHAPTER II. State regulation in the field of fisheries and the conservation of aquatic biological resources Article 5. Regulatory agencies 1. State regulation in the field of fisheries and the conservation of living aquatic resources shall carry out the Cabinet of Ministers of Turkmenistan, the public authorities in the field of fisheries and the conservation of living aquatic resources, local executive authorities in accordance with the legislation of Turkmenistan.
2. the public authorities in the field of fisheries and the conservation of living aquatic resources include: the authorized body of the public fisheries management;
the authorized State body for the protection of aquatic biological resources.
 
Article 6. Competence of the Cabinet of Ministers of Turkmenistan in the field of fisheries and the conservation of living aquatic resources, the Cabinet of Ministers of Turkmenistan conducts unified State policy in the field of fisheries and the conservation of living aquatic resources;
approve state programs in the field of fisheries and the conservation of living aquatic resources;
coordinates and controls the activities of organs of State administration and local authorities in the field of fisheries and the conservation of living aquatic resources;
identifies sources of funding and logistical support for the national and inter-State activities for the development of fisheries and the conservation of aquatic biological resources;
defines a single State fisheries monitoring water bio-resources and maintain the fisheries cadastre of water objects;
carries out the regulation of authorized State bodies, other economic entities in the field of fisheries and the conservation of living aquatic resources;
carries out international cooperation in the field of fisheries and the conservation of living aquatic resources;
regulates other matters in the field of fisheries and the conservation of living aquatic resources, referred to his competence, legislation of Turkmenistan.
 
Article 7. Competence of the authorized State body authorized agency fisheries governance fisheries: implements the State policy in the field of fisheries and the conservation of living aquatic resources;
develops and implements public programs on the management, conservation and reproduction of water bio-resources;
carries out the State management in the field of fisheries and the conservation of living aquatic resources;
Specifies quotas and gives license for commercial fishing and other aquatic animals in the territorial waters and internal waters of Turkmenistan;

within the limits of their powers, normative legal acts, regulating relations in the field of fisheries and the conservation of living aquatic resources;
settles other questions referred to his competence, legislation of Turkmenistan.
 
Article 8. Competence of the authorized State body for the protection of aquatic biological resources authorized State body for the protection of aquatic biological resources: protects aquatic biological resources, as well as compliance with the conservation and fishing regulations in the fishery water objects;
applies to officials and citizens of administrative penalties for non-compliance with conservation and fishing regulations in waters fisheries values in the order established by the legislation of Turkmenistan;
develops in the prescribed manner offers the disqualification of fishing grounds and consolidate the management of reservoirs for users;  
carries out the Organization and performance of works to increase fish stocks and aquatic animals, their artificial breeding and acclimatization, fisheries and reclamation stocking ponds;
leads accounting of water objects of the fisheries value and oversees their operation;
conclude agreements with enterprises of the fishing industry and other enterprises and organizations rybozagotovitel′nymi on conditions for fisheries and the creation of a cultural commodity and other ozërnyh fish farms;
defines the water or areas of reservoirs for recreational organizations, sport fishing and cultural fish farms;
determines on the basis of the carried out research work total allowable catches living aquatic resources;
conducts fisheries expertise of projects of construction, reconstruction, technical re-equipment of enterprises and other economic entities, operating on waters fisheries values and guarding the coastal zone, in order to ensure the protection and reproduction of water bio-resources;
gives authorization to conduct blasting, seismic, dredging and construction activities;  negotiates dumpsites soil extracted from water bodies fisheries values; suspend work without permits;
administers the fisheries cadastre of water objects;
registration, accounting and other activities related to the exploitation of small motor, sailing and all non-self-propelled vessels (except for military courts) natural and legal persons of Turkmenistan;
develops order of charging for the use of water of bioresources and in agreement with the authorized body of State administration in the field of economy determines their size and submit them for approval to the competent authority of the State fisheries management;
coordinates the activities of public associations in the field of protection of aquatic biological resources;
carries out propaganda of knowledge among the population for the protection and management of the living aquatic resources;
settles other questions referred to his competence, legislation of Turkmenistan.
 
Article 9. The competence of the local authorities in the field of fisheries and the conservation of living aquatic resources local executive authorities: implement State policy in the field of the conservation and protection of aquatic biological resources in the relevant territories;
contribute to the implementation of State programmes and the development of territorial programs for the protection of aquatic biological resources;
coordinate and control the activities of the economic entities on their respective territories, irrespective of their form of ownership and departmental subordination, in the conservation and protection of aquatic biological resources;
carry out ecological education of the population and promoting public awareness on conservation and sustainable utilization of living aquatic resources.
 
Article 10. Licensing activities related to commercial fishing and other aquatic prey animal activities related to commercial fishing, extraction of other aquatic animals, subject to licensing in accordance with the Turkmenistan law "about licensing separate kinds of activity".
 
Chapter III. Conservation of aquatic biological resources and the protection of their Habitat Wednesday Article 11. Requirements for the protection of the Habitat of aquatic Bioresources Wednesday 1. Legal and natural persons engaged in the design, location, construction, reconstruction and operation of enterprises, plants and other objects that could have a harmful influence on their Habitat Wednesday of living aquatic resources as well as legal and physical persons performing work at the waters fisheries values and coastal strips (zones), must create favourable conditions for the protection, increasing displacement and wintering of living aquatic resources, to ensure the integrity of their Habitat Wednesday and an increase in their offspring.
2. The fisheries waters water user rights may be restricted in accordance with the code of Turkmenistan "on the water".
 
Article 12. Protection of water objects of the fishery values from pollution, contamination and shallowing of the 1. At operation of hydrotechnical and other structures on water bodies must be carried out in a timely manner fisheries management activities to ensure the protection of living aquatic resources and the conditions for their reproduction.

2. For the purposes of protection of water objects of the fishery values in accordance with the code of Turkmenistan "on the water" is forbidden: to arrange debris and barricades of rivers, canals and channels;
make bathing animals, paddock poultry;
perform other work affecting the status of fish stocks and the conditions for their reproduction.
3. Legal and natural persons in the enjoyment which are fishery ponds or fishing areas are obliged to harmonize with the authorized State Agency for the protection of aquatic biological resources to conduct fish and reclamation-technical measures to ensure the improvement of reservoirs and conditions of reproduction of fish stocks, as well as contain a proper sanitary condition coastal areas in the field of fishing and other aquatic animals.
 
Article 13. Permissible norms harmful influence on water fisheries values 1. Permissible norms harmful influence on water fisheries values are determined based on the maximum permissible volume of anthropogenic influence, is not leading by their prolonged exposure to changes in the ecosystem water features, and a ceiling on the number of hazardous substances, flowing or moving into these objects or in their catchment area.
2. Standards for discharges of pollutants into water bodies fisheries values developed by the authorized body of the public fisheries management in agreement with the authorized body of State administration in the field of nature conservation.
 
Article 14. Artificial reproduction of water bio-resources Artificial reproduction of water bio-resources in the waters of the fishery is carried out according to the values of the contracts concluded with the authorized State Agency for the protection of aquatic biological resources.
 
Article 15. Acclimatization of aquatic biological resources Order of acclimatization of aquatic biological resources is determined by the authorized State body for fishery management.
 
Article 16. Conservation zone 1. Water fisheries values or their areas of importance for the conservation of living aquatic resources of valuable species, can be declared ryboohrannymi.
2. On site conservation zones in order to preserve the conditions for reproduction of water bio-resources restrictions of economic and other activities.
3. The procedure for establishing the conservation zones is determined by the Cabinet of Ministers of Turkmenistan.
 
Article 17. Fisheries protected areas 1. In fishery conservation zones, economic and other activities may be prohibited in whole or in part, either permanently or temporarily.
2. the procedure of education management of protected areas is determined by the Cabinet of Ministers of Turkmenistan.
 
Article 18. Accommodation, designing, construction, reconstruction and commissioning of commercial and other objects that affect the status of living aquatic resources 1. When hosting, designing, construction, reconstruction and commissioning economic and other objects, as well as the introduction of new technological processes must take into account their impact on the status of living aquatic resources and their Habitat Wednesday.
2. placement, design, new construction, reconstruction and technical re-equipment of operating business and other objects are made in consultation with an authorized State body for the protection of aquatic biological resources.
3. When hosting, designing, construction, reconstruction of economic and other objects, as well as the introduction of new technological processes of the authorized State body for the protection of aquatic biological resources holds the management expertise of project documents, the conclusions of which are reflected in the Act of environmental expertise.
4. the composition of the State Commission for business commissioning and other objects affecting the condition of water objects, included a representative of the authorized State body for the protection of aquatic biological resources.
 
Article 19. Fisheries expertise project documents 1. Fisheries expertise of project documents is conducted in order to determine the suitability of standards, specifications and requirements of the projects of construction and reconstruction of enterprises, structures, and other objects, as well as temporary facilities, which can affect the condition of water objects of the fishery values.
2. Fisheries expertise is required for the following projects on waters fisheries values: construction and reconstruction in water protection zones and coastal strips of industrial, hydraulic, oil refining, chemical and petrochemical facilities, processing of wood and leather processing, which can have a negative influence on the State of waters;
mining, maintenance of exploration, drilling, blasting, dredging, construction of underground structures;
laying of cables, installation of subsea pipelines and terminals to transport natural gas, petroleum and chemical products;
the production, storage, use, disposal and destruction of drugs, pesticides, herbicides, fertilizers and toxic chemicals;

construction and erection of industrial, household, municipal discharges, water reservoirs, sewage plants, pipelines, drainage and irrigation networks;
erection of temporary structures;
construction and reconstruction of other objects defined by the relevant executive authority.
 
Chapter IV. State fisheries monitoring of water bio-resources. Fisheries inventory of water objects of Article 20. State fisheries monitoring of water bio-resources 1. State fisheries monitoring of living aquatic resources shall be carried out with a view to the timely detection and assessment of changes in water objects fisheries values predict development and prevent the harmful effects of these changes, to ensure the effectiveness of conservation activities.
2. State fisheries monitoring of aquatic biological resources is an integral part of the system of State environmental monitoring Wednesday.
3. State fisheries monitoring of aquatic biological resources is conducted by the authority for the protection of aquatic biological resources in the manner prescribed by the legislation of Turkmenistan.
 
Article 21. Fisheries inventory inventory of Fishery water bodies water bodies is conducted on a single methodology developed by the authorized State Agency for the protection of aquatic biological resources and consistent with the authorized body of State administration in the field of nature conservation, which is approved by the Cabinet of Ministers of Turkmenistan.
 
Chapter v: ECONOMIC REGULATION protection and rational use of AQUATIC BIOLOGICAL RESOURCES Article 22. Economic regulation of the conservation and sustainable use of living aquatic resources to tasks of economic regulation, protection and rational use of aquatic biological resources include: the establishment and regulation of economic relations in the field of the protection and use of living aquatic resources between users of living aquatic resources;
formation of the system of payments for the use of water of bioresources;
the creation of a stable economic framework of protection, reproduction and rational use of aquatic biological resources;
economic protection of the public interest in the protection and rational use of aquatic biological resources.
 
Article 23. Economic regulation of the conservation and sustainable use of living aquatic resources economic regulation for the conservation and management of living aquatic resources provides: economically sound payment system for use of water of bioresources;
economically sound system of fines, lawsuits and charges for violation of the legislation on the protection and sustainable use of living aquatic resources;
targeted use of funds received from the sale of confiscated and transferred to the public authorities the guns illegal extraction of water bio-resources and its products, in the manner prescribed by the legislation of Turkmenistan;
economic incentives for the conservation and sustainable use of living aquatic resources;
voluntary contributions of juridical and physical persons;
other economic methods of regulation in the order established by the legislation of Turkmenistan.
 
Article 24. Payments for the use of water water fees Bioresources Bioresources, their limits and the procedure of charging shall be established in accordance with this law and other normative legal acts of Turkmenistan.
Payments for the use of water not Bioresources frees users from performing actions on protection of living aquatic resources and their Habitat Wednesday, as well as on compensation caused them harm.
 
Article 25. Encouraging users of living aquatic resources, carrying out activities on the rational use, restoration and protection of aquatic biological resources Measures encouraging users of living aquatic resources, to stimulate the implementation of socially useful activities on the rational use, restoration and protection of aquatic biological resources, are established by the Cabinet of Ministers of Turkmenistan.
 
Chapter VI. The right to water bio-resources and their users, article 26. The right to property and right to use the water of bioresources 1. Aquatic Bioresources are the exclusive property of the State.
2. The right to use the water of bioresources occurs on the basis of a permit for extraction (catching) of living aquatic resources, use of fishing treaty land and on other grounds provided by law.
 
Article 27. Objects relationships and users of living aquatic resources 1. Objects of relations in the field of fisheries and the conservation of living aquatic resources are aquatic bioresources and their Habitat Wednesday.
2. Users of living aquatic resources are legal entities and individuals.
3. In the case of research users of living aquatic resources can serve foreign legal entities and physical persons if you have permission of the Cabinet of Ministers of Turkmenistan.
 
Article 28. Rights of users of living aquatic resources 1. Users of living aquatic resources shall have the right to operate independently: fisheries station in accordance with the purpose envisaged by the agreement for its use;

property in accordance with the legislation of Turkmenistan on extracted (recovered) bioresources and the proceeds of their sale;
to damages when an unlawful seizure of living aquatic resources caught and fishing gear;
other rights established by the legislation of Turkmenistan.
2. Rights of users of living aquatic resources shall be protected by the legislation of Turkmenistan.
Violation of the rights of users of living aquatic resources shall be subject to recovery in accordance with the legislation of Turkmenistan.
 
Article 29. Obligations of users of living aquatic resources Users of living aquatic resources shall: rational use of aquatic Bioresources;
protection of aquatic biological resources;
conduct fish and reclamation-technical measures to ensure the improvement of reservoirs and conditions of reproduction of fish stocks;
contain proper sanitary condition coastal stations and places of fishing;
provide timely and relevant State bodies in their information about the State and use of the fishing grounds;
not to violate the rights of other users of living aquatic resources;
use the water of bioresources, in accordance with the purposes and conditions of their provision;
to make timely payments for the use of water of bioresources;
freely admit to fishing sites State inspectors and representatives of specially authorized State bodies performing verification of compliance with the legislation of Turkmenistan;
to carry out other duties on the use and protection of aquatic biological resources, established by the legislation of Turkmenistan.
 
Article 30. The restriction of the right of use of water Right of water Bioresources Bioresources may be restricted in accordance with the law and international treaties to which Turkmenistan is a party.
The order of restriction of rights for use of water of bioresources is established by the authority for the protection of aquatic biological resources.
 
Article 31. The termination of the right of use of water Right of water Bioresources Bioresources terminates upon expiry of the term of use: water Bioresources provided for permission for extraction (catching) of living aquatic resources or contract use fishing plot;
by agreement between the user of water bio-resources and a legal person, the grantor for use of water of bioresources;
in case of refusal the user of water bio-resources from their use;
in case of liquidation of a legal entity, or in connection with the death of a natural person to whom water bio-resources were provided;
When you need to use water fisheries values for public use;
by the decision of the Court;
in other cases stipulated by the legislation of Turkmenistan.
 
Article 32. Protection of aquatic biological resources protection of aquatic biological resources in accordance with the legislation of Turkmenistan.
 
Chapter VII. Fisheries Article 33. Fisheries Fisheries Objects objects are species of living aquatic resources, a list of which is being developed by the authorized body of the public fisheries management in agreement with the authorized body of State administration in the field of nature protection and approved by the Cabinet of Ministers of Turkmenistan.
 
Article 34. Types of fisheries 1. Legal and natural persons may carry out the following types of fishing: 1) commercial fishing;
2) fisheries research and monitoring purposes;
3) fishing in educational and cultural purposes;
4) fishing for fish breeding, reproduction and acclimatization of living aquatic resources;
5) recreational and sport fishing.
2. fishing is carried out in accordance with the rules of fishing developed by the authority for the protection of aquatic biological resources in agreement with the authorized body of State administration in the field of nature protection and approved by the Cabinet of Ministers of Turkmenistan.
 
Article 35. Fishing sites 1. Fishing plots are formed in a certain boundaries of water body for the implementation of the commercial fishing and aquaculture, as well as for the Organization of recreational and sport fishing.
2. Fishing area can be used in one or more of the purposes of the first paragraph of this article.
3. list of the fishing grounds in waters fisheries values is carried out by the authority for the protection of aquatic biological resources.
4. Monitoring of the use and exploitation of fishing grounds is carried out by the authority for the protection of aquatic biological resources in accordance with this law, as well as water and land legislation of Turkmenistan.
 
Article 36. Commercial fishing 1. Commercial fishing in waters fisheries values is carried out by legal entities and physical persons.
2. Commercial fishing in waters not under the jurisdiction of Turkmenistan, within the production quotas (catch) of aquatic Bioresources, defined in accordance with the international treaties to which Turkmenistan is a party.

3. implementation of commercial fishing on the high seas by legal and physical persons of Turkmenistan for the fishing vessels flying the national flag of Turkmenistan is not limited, except as otherwise provided by international treaties of Turkmenistan in the field of fisheries and the conservation of living aquatic resources.
 
Article 37. Coastal fishing 1. Coastal fisheries is carried out by legal entities and natural persons registered in Turkmenistan, providing fishing area or without it, with or without the use of fishing vessels.
2. types of fishing vessels, tools and methods of production (catch) of water bio-resources for the implementation of the coastal fisheries fishing areas shall be determined by the authorized State body for the protection of aquatic biological resources.
 
Article 38. Fisheries research and monitoring to 1. Fisheries research and monitoring purposes is for the study of living aquatic resources and their Habitat Wednesday, State fisheries monitoring water bio-resources, the search for new fishing areas and stocks of aquatic biological resources, determine the total allowable catches, developing measures for the conservation of living aquatic resources.
2. fishing for research and monitoring purposes is based on the annual plan of resource studies and public fisheries monitoring of aquatic biological resources, as well as research programmes, projects and topics.
3. permission to fish for research and monitoring purposes is issued in a manner approved by the authority for the protection of aquatic biological resources in agreement with the authorized body of State administration in the field of nature protection, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 39. Fishing in educational and cultural purpose Fishing in educational and cultural purposes is legal and physical persons in the order determined by the authorized State body for the protection of aquatic biological resources in agreement with the authorized body of State administration in the field of nature protection and approved by the Cabinet of Ministers of Turkmenistan.
 
Article 40. Fishing for fish breeding, reproduction and acclimatization of living aquatic resources Fishing for fish breeding, reproduction and acclimatization of aquatic biological resources is carried out by legal entities and physical persons in the manner to be determined by the authorized State body for the protection of aquatic biological resources.
 
Article 41. Recreational and sport fishing 1. Recreational and sport fishing on waters fisheries values and/or fishing sites, provided for the Organization of the amateur and sport fishery, is carried out on the basis of licences for extraction (catching) of aquatic Bioresources.
2. Amateur and sports fishing of aquatic biological resources for personal use by natural persons in accordance with the procedure set out by the authority for the protection of aquatic biological resources.
3. list of aquatic biological resources, extraction (catching) which is carried out at the amateur and sport fishery on the basis of licences for extraction (catching) of aquatic biological resources, is established by the authority for the protection of aquatic biological resources.
 
Article 42. Restrictions on fishing in order to ensure the conservation of living aquatic resources and their rational use by the authorized State body for the protection of aquatic biological resources can be installed the following limitations of fishing: 1) prohibition of fishing in certain areas and for certain types of aquatic Bioresources;
2) minimum size and weight produced (harvested) living aquatic resources;
3) ways of production (catch) of living aquatic resources;
4) types of permitted guns, gear mesh size, the size and design of the guns production (catch) of living aquatic resources;
5) volume and composition of aquatic biological resources, extraction (catching) which allowed simultaneously with production (catch) of aquatic biological resources referred to in the resolution on extraction (catching) of aquatic Bioresources (authorised by-catches);
6) distribution of fishing areas between groups of ships, different guns production (catch) of aquatic Bioresources, types and sizes;
7 fishing) periods for groups of vessels, different instruments of production (catch) of aquatic Bioresources, types and sizes;
8) number and type of vessels which may carry out commercial fishing in the same area;
9) maximum volume production (catch) of aquatic biological resources in one fishing vessel;
10) time of sea fishing vessels for implementation in commercial fishing;
11) periods of fishing in waters fisheries values;
12) other fishery restrictions established by normative legal acts of Turkmenistan.
 
Article 43. Prohibition on extraction (catching) of rare and endangered species of aquatic biological resources 1. Extraction (catching) listed in the Red data book of Turkmenistan of rare and endangered species of aquatic biological resources is prohibited.
2. In exceptional cases for research and monitoring purposes of extraction (catching) of rare and endangered species of living aquatic resources shall be allowed in accordance with the legislation of Turkmenistan.
 

Article 44. Total allowable catches living aquatic resources 1. Total allowable catches living aquatic resources shall be determined for each waterbody fisheries values.
2. Total allowable catches living aquatic resources shall be determined by the authorized State body for the protection of aquatic biological resources and approved by the authorized body of fisheries management.
3. total allowable catches living aquatic resources may be subject to change upon detection during the commercial fishing and/or State fisheries monitoring aquatic Bioresources of the differences between the actual presence of water bio-resources and volume of certain total allowable catches living aquatic resources.
 
Article 45. Production quotas (catch) of water bio-resources 1. Notified body public fisheries management based on total allowable catches living aquatic resources in the waters of the fisheries value, as well as production quotas (catch) of aquatic biological resources supplied by Turkmenistan, in accordance with the international treaties of Turkmenistan, determined annually following types of quotas: 1) production quotas (catch) of water bio-resources for the implementation of commercial fishing in the waters of the fishery;
2) production quotas (catch) of water bio-resources for the implementation of fisheries research and monitoring purposes (scientific quota);
3) production quotas (catch) of water bio-resources for the implementation of fisheries in educational, cultural and educational purposes;
4) production quotas (catch) of water bio-resources for the implementation of the fisheries for fish breeding, reproduction and acclimatization of living aquatic resources;
5) production quotas (catch) of water bio-resources for the Organization of recreational and sport fishing.
2. the order of distribution and redistribution of quotas (catch) production of aquatic biological resources referred to in the first part of this article, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 46. The seizure and the transition from one person to another person share in total production (catch) quotas of water bio-resources for implementation in commercial fishing 1. In case of termination of the right of use of water of bioresources in accordance with this law the seizure of shares in the total volume of production quotas (catch) of water bio-resources for implementation in commercial fishing is carried out by the authority for the protection of aquatic biological resources.
2. transfer of shares in the total volume of production quotas (catch) of water bio-resources for conducting commercial fishing from one person to another person is carried out on the basis of the contract concluded between them, in agreement with an authorized State body for the protection of aquatic biological resources.
The order of the conclusion and registration of the said Treaty shall be determined by the legislation of Turkmenistan.
 
Chapter VIII. Permission for extraction (catching) of water bio-resources and usage agreement fisheries plot Article 47. Permission for extraction (catching) of water bio-resources 1. Permission for extraction (catching) aquatic Bioresources certifies on the removal of aquatic biological resources of their Habitat Wednesday in carrying out all types of fisheries.
2. permission for extraction (catching) of living aquatic resources issued by the authorized State body for the protection of aquatic biological resources.
 
Article 48. Agreement and terms of use of fishing acreage 1. The authorized State body for the protection of aquatic biological resources in accordance with the contract of use of fishing plot provides a legal or natural person fishing station.
2. contract of use of fishing plot specified: name, size, borders of the fishing area;
information about the user of the fishing area;
permitted types of fishery activities;
term of using fishing plot;
procedure for use of water of bioresources;
requirements for the conservation of living aquatic resources and their Habitat Wednesday;
amount of payment for the use of the fishing area, as well as the procedure, terms and conditions of its making;
other conditions stipulated by the legislation of Turkmenistan or by agreement of the parties.
 
Chapter IX. Resolution of disputes and liability for offences in the field of fisheries and the conservation of aquatic biological resources Article 49. Responsibility for the Commission of offences in the field of fisheries and the conservation of living aquatic resources, persons who have committed offences in the field of fisheries and the conservation of living aquatic resources shall bear responsibility in accordance with the legislation of Turkmenistan.
 
Article 50. Reparation for the injury caused aquatic Bioresources of the reparation for the injury caused aquatic Bioresources, is carried out in the manner prescribed by the legislation of Turkmenistan.
 
Article 51. Dispute resolution in the field of fisheries and the conservation of living aquatic resources disputes in the field of fisheries and the conservation of living aquatic resources are resolved in the courts.
 
Chapter x. final provisions Article 52. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat May 21, 2011 year no. 197-IV.