of August 23, 2018 No. 987
About distribution of quotas of production (catch) of water biological resources according to part 12 of article 31 of the Federal law "About Fishery and Preserving Water Biological Resources" and recognition voided some acts of the Government of the Russian Federation
According to part 12 of article 31 of the Federal law "About Fishery and Preserving Water Biological Resources" Government of the Russian Federation decides:
1. Approve enclosed:
2. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.
3. This resolution becomes effective since January 1, 2019, except for Rules for apportionment of amount of part of the general admissible catch of water biological resources approved in relation to quota of production (catch) of water biological resources in internal sea waters of the Russian Federation in the territorial sea of the Russian Federation, on the continental shelf of the Russian Federation, in exclusive economic zone of the Russian Federation, the Caspian Sea for implementation of industrial fishery and (or) inshore fishing, quota of the production (catch) of water biological resources provided to the Russian Federation in areas of action of international treaties of the Russian Federation in the field of fishery and preserving water biological resources for implementation of industrial fishery and (or) inshore fishing and quota of production (catch) of water biological resources in internal waters of the Russian Federation, except for internal sea waters of the Russian Federation, for implementation of industrial fishery, between persons with whom the relevant agreements on fixing of share of quota of production (catch) of the water biological resources approved by this resolution are signed.
Russian Prime Minister
D. Medvedev
Approved by the Order of the Government of the Russian Federation of August 23, 2018 No. 987
1. These rules establish procedure for distribution of quota of production (catch) for water biological resources (further - water bioresources) in internal sea waters of the Russian Federation, in the territorial sea of the Russian Federation, on the continental shelf of the Russian Federation, in exclusive economic zone of the Russian Federation, the Caspian Sea for implementation of industrial fishery and (or) inshore fishing (further respectively - sea waters, quota of production (catch) of water bioresources in sea waters), quotas of the production (catch) of water bioresources provided to the Russian Federation in areas of action of international treaties in the field of fishery and preserving water bioresources for implementation of industrial fishery and (or) inshore fishing (further respectively - the area of action of international treaties of the Russian Federation, the international quota), and quotas of production (catch) of water bioresources in internal waters of the Russian Federation, except for internal sea waters of the Russian Federation, for implementation of industrial fishery (further respectively - internal water object, quota of production (catch) of water bioresources in internal water object) between persons specified regarding 3rd article 16 of the Federal law "About Fishery and Preserving Water Biological Resources".
2. Quotas of production (catch) of water bioresources in sea waters, the international quotas, quotas of production (catch) of water bioresources in internal water object are distributed in equity ratio between persons specified regarding 3rd article 16 of the Federal law "About Fishery and Preserving Water Biological Resources" by the conclusion with them according to agreements on fixing of share of quota of production (catch) of water bioresources in sea waters, agreements on fixing of share of the international quota, agreements on fixing of share of quota of production (catch) of water bioresources in internal water object in the following cases:
a) in case of production (catch) of types of water bioresources concerning which industrial fishery and (or) inshore fishing in sea waters, around action of the international treaty of the Russian Federation, industrial fishery in internal water object, or water bioresources in new areas of their production (catch) in sea waters, around action of the international treaty of the Russian Federation, in internal water object were not performed earlier;
b) in case of inclusion of type of water bioresources in certain area of their production (catch) in sea waters or in internal water object in the list of types of water bioresources concerning which general admissible catch of water bioresources, and determinations of quota of production (catch) of water bioresources in sea waters or quotas of production (catch) of water bioresources in internal water object by distribution of general admissible catch of water bioresources in relation to such quota on condition of lack of current agreements about fixing of share of quota of production (catch) of water bioresources in sea waters or agreements on fixing of share of quota of production (catch) of the water bioresources in internal water object granting the right to production (catch) on such quota is established;
c) in case of lifting of restrictions of fishery, provided by Items 1 and 2 of part 1 of article 26 of the Federal law "About Fishery and Preserving Water Biological Resources", in certain areas in sea waters and in internal water object and concerning separate types of water bioresources concerning which general admissible catch of water bioresources, and determinations of quota of production (catch) of water bioresources in sea waters or quotas of production (catch) of water bioresources in internal water object by distribution of general admissible catch of water bioresources in relation to such quota on condition of lack of current agreements about fixing of share of quota of production (catch) of water bioresources in sea waters or agreements on fixing of share of quota of production (catch) of the water bioresources in internal water object granting the right to production (catch) on such quota is established;
d) in case of provision of the Russian Federation according to the international treaty of the Russian Federation in the field of fishery and preserving water bioresources of quota of production (catch) water bioresources concerning which industrial fishery and (or) inshore fishing in areas of action of such international treaty without the conclusion of agreements on fixing of share of the international quota was performed earlier;
e) in case of expiration of agreements on fixing of share of quota of production (catch) of water bioresources in sea waters, agreements on fixing of share of the international quota, agreements on fixing of share of quota of production (catch) of water bioresources in internal water object.
3. Distribution of quotas of production (catch) of the water bioresources specified in Item 2 of these rules is performed by the following authorized bodies:
a) Federal Agency for Fishery - concerning quotas of production (catch) of water bioresources in sea waters, the international quotas and quotas of production (catch) of anadromous and catadromous species of fish in internal water object;
b) executive body of the subject of the Russian Federation - concerning quotas of production (catch) of water bioresources in internal water object (except for the agreements concerning fixing of share of quota of production (catch) of anadromous and catadromous species of fish).
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