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ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of March 31, 2015 No. 18-05/290

About approval of Rules of maintaining fishery

According to the subitem 58) Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" PRIKAZYVAYU:

1. Approve the enclosed Rules of maintaining fishery.

2. To provide to committee of forestry and fauna of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days from the date of its first official publication.

Minister

A. Mamytbekov

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of March 31, 2015 No. 18-05/290

Rules of maintaining fishery

1. These rules of maintaining fishery (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" (further - the Law) and determine procedure for maintaining fishery on fishery reservoirs and (or) sites.

2. The baking plate is understood by maintaining fishery the implementation of economic activity by physical persons and legal entities directed to receipt of economic and useful products by steady use of fish resources and other water animals, their protection, reproduction, cultivation, getting, conversion and realization.

3. Are necessary for physical persons and legal entities for maintaining fishery:

1) decision of local executive body of area on fixing of fishery reservoirs and (or) sites;

2) the contract for maintaining fishery signed between local executive body and the user in the standard form approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of January 15, 2015 No. 18-04/16 "About approval of standard form of contracts for fishery and maintaining fishery" (registered in the Register of the state registration of regulatory legal acts at No. 10229).

4. Maintaining fishery is based on the following principles:

1) maintaining fishery on the basis of optimum combination of ecological, economic, scientific and other interests;

2) preserving specific variety of fishes and other water animals, establishments of the mode of their use based on scientific recommendations, except for the reservoirs provided for maintaining lake and commodity fish-breeding economy;

3) departments of right to use by fish resources from right to use by water objects;

4) restrictions for the benefit of protection of fish inventories, rights of other users fishery reservoirs;

5) obligation of the state environmental assessment of biological reasons on production and use of fish resources and other water animals according to the subitem 7) Item 1 of article 47 of the Code of the Republic of Kazakhstan of January 9, 2007 "The ecological code of the Republic of Kazakhstan";

6) full recovery users of the harm done to fish fauna of reservoirs and the circle surrounding them.

5. When maintaining fishery are made:

1) biologically reasonable and steady use of fish resources and other water animals;

2) preserving productivity of reservoirs, providing optimal conditions of reproduction, ways of migration of fishes and other water animals and places of their concentration;

3) reproduction of fish resources;

4) maintaining on each fishery reservoir and (or) the site, the vessel (fishing and transport), place of acceptance, crew or link of register of fishing of fish resources and other water animals (the trade magazine) in the form approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of March 13, 2012 No. 25-03-02/96 "About approval of samples of notices of borders of huntings, reproduction sites and zones of rest, fishery reservoirs and (or) sites, and also terms and places, form of register of fishing of fish resources and other water animals (the trade magazine), forbidden for hunting and fishery" (registered in the Register of the state registration of regulatory legal acts at No. 7573);

5) ensuring protection of the fixed fishery reservoirs and (or) sites and objects of fauna, including rare and being under the threat of disappearance, due to creation and content by subjects of fishery of egersky service.

6. Treat the directions of maintaining fishery:

1) commercial fishery - the complex process providing withdrawal of fish resources and other water animals from the habitat with the fishing gears which are allowing to make at the same time fishing of large number of fish resources and other water animals and (or) covering, partitioning off part of reservoir (trade fishing gears);

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