ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 22, 2018 No. 40

About approval of Rules for apportionment of quotas of production (catch) of water biological resources in exclusive economic zone of the Russian Federation for the foreign states established according to international treaties of the Russian Federation in the field of fishery and preserving water biological resources

According to part 6 of article 31 of the Federal law "About Fishery and Preserving Water Biological Resources" Government of the Russian Federation decides:

1. Approve the enclosed Rules for apportionment of quotas of production (catch) of water biological resources in exclusive economic zone of the Russian Federation for the foreign states established according to international treaties of the Russian Federation in the field of fishery and preserving water biological resources.

2. To Federal Agency for Fishery in coordination with the interested executive bodies to approve procedure for activities of interdepartmental working group on distribution of quotas of production (catch) of water biological resources in exclusive economic zone of the Russian Federation for the foreign states established according to international treaties of the Russian Federation in the field of fishery and preserving water biological resources and its structure.

3. Realization of the powers provided by this resolution is performed by Federal Agency for Fishery within the number of workers, and also budgetary appropriations provided in the federal budget on management and management in the field of the established functions established by the Government of the Russian Federation.

4. This resolution becomes effective since April 1, 2018.

Approved by the Order of the Government of the Russian Federation of January 22, 2018 No. 40

Rules for apportionment of quotas of production (catch) of water biological resources in exclusive economic zone of the Russian Federation for the foreign states established according to international treaties of the Russian Federation in the field of fishery and preserving water biological resources

1. These rules establish procedure for distribution of quotas of production (catch) for water biological resources (further - water bioresources) in exclusive economic zone of the Russian Federation for the foreign states established according to international treaties of the Russian Federation in the field of fishery and preserving water bioresources (further - quotas for foreign states).

2. Quotas for foreign states are annually distributed by Federal Agency for Fishery taking into account recommendations of the interdepartmental working group on distribution of quotas for foreign states (further - interdepartmental working group) created by Federal Agency for Fishery.

3. Representatives of Federal Agency for Fishery, and also at least 2 representatives of the Ministry of Foreign Affairs of the Russian Federation, Federal Security Service of the Russian Federation and the Ministry of Economic Development of the Russian Federation are part of interdepartmental working group.

4. The interdepartmental working group prepares based on the data represented by Federal Agency for Fishery, recommendations about distribution of quotas for foreign states taking into account the following factors:

a) availability of the international agreements on provision of quotas for foreign states;

b) assessment of condition of trade inventories of the water bioresources provided to foreign states in exclusive economic zone of the Russian Federation, received by results of the resource researches conducted by the research organizations subordinated to Federal Agency for Fishery;

c) amounts and level of development by foreign states of quotas for the foreign states provided to them for the preceding 3-year period;

d) information on demand the Russian legal entities or individual entrepreneurs of the water bioresources provided to foreign states in the corresponding zones (subbands) of exclusive economic zone of the Russian Federation based on data on their development for the preceding 3-year period;

e) obligations of foreign state according to the international treaty of the Russian Federation in the field of fishery and preserving water bioresources on ensuring receipts in the budget of the Russian Federation for the corresponding income items as payment for right to use by water bioresources and their execution;

e) amounts and level of development of the quotas of production (catch) of water bioresources provided to the Russian Federation on mutual basis in exclusive economic zones of the corresponding foreign states;

g) execution by foreign states of the obligations assumed according to international treaties of the Russian Federation in the field of fishery and preserving water bioresources;

h) the minimum and recommended amount of payment for right to use by the water bioresources got (caught) vessels of the fishery fleet of foreign states in exclusive economic zone of the Russian Federation determined according to the technique approved by Federal Agency for Fishery - in case of provision of quotas for foreign states on paid basis.

5. For office use.

6. The Federal Agency for Fishery uses the recommendations specified in Item 5 of these rules in case of discussion of quotas for foreign states at the sessions of the commissions created according to international treaties of the Russian Federation in the field of fishery and preserving water bioresources.

7. Based on the protocols accepted by results of the sessions specified in Item 6 of these rules within 30 working days from the date of their acceptance Federal Agency for Fishery approves the order on distribution of quotas for foreign states.

8. The interdepartmental working group considers possibility of provision of additional quotas for foreign state and (or) growth in volumes of earlier provided quotas for foreign state according to items 4 and 5 these rules.

9. In case of adoption by the interdepartmental working group of the recommendation of provision of additional quotas for foreign state and (or) about growth in volumes of earlier provided quotas for foreign state the Federal Agency for Fishery within 15 calendar days makes corresponding changes to the order specified in Item 7 of these rules.

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