ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 9, 2018 No. 429

About modification of Rules of determination of coastlines (borders of water objects) and (or) borders of parts of the water objects, sites of the continental shelf of the Russian Federation and sites of exclusive economic zone of the Russian Federation recognized by fish-breeding sites

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the Rules of determination of coastlines (borders of water objects) and (or) borders of parts of the water objects, sites of the continental shelf of the Russian Federation and sites of exclusive economic zone of the Russian Federation recognized by fish-breeding sites approved by the order of the Government of the Russian Federation of November 11, 2014 No. 1183 "About approval of Rules of determination of coastlines (borders of water objects) and (or) borders of parts of the water objects, sites of the continental shelf of the Russian Federation and sites of exclusive economic zone of the Russian Federation recognized by fish-breeding sites" (The Russian Federation Code, 2014, No. 46, Art. 6377; 2016, No. 47, Art. 6665).

2. Determine that borders of the fish-breeding sites located in internal sea waters, in the territorial sea, in exclusive economic zone of the Russian Federation and on the continental shelf of the Russian Federation within the Far East fishery basin and not provided in use in accordance with the established procedure, within 60 calendar days after entry into force of this resolution are subject to determination according to Rules of determination of coastlines (borders of water objects) and (or) borders of parts of the water objects, sites of the continental shelf of the Russian Federation and sites of exclusive economic zone of the Russian Federation recognized by the fish-breeding sites approved by the order of the Government of the Russian Federation of November 11, 2014 No. 1183 "About approval of Rules of determination of coastlines (borders of water objects) and (or) borders of parts of water objects the sites of the continental shelf of the Russian Federation and sites of exclusive economic zone of the Russian Federation recognized by fish-breeding sites" in edition of this resolution.

3. Realization of the powers provided by this resolution is performed by the Ministry of the Russian Federation of development of the Far East, the Ministry of Defence of the Russian Federation, the Ministry of Agriculture of the Russian Federation, the Ministry of Transport of the Russian Federation, the Ministry of Natural Resources and Environmental Protection of the Russian Federation, Federal Agency for Fishery, Federal Agency for Sea and Inland Water Transport and Federal Agency for Water Resources within the number of workers of the specified federal executive bodies, and also budgetary appropriations provided by it in the federal budget on management and management in the field of the established functions established by the Government of the limiting Russian Federation.

Approved by the Order of the Government of the Russian Federation of April 9, 2018 No. 429

Changes which are made to Rules of determination of coastlines (borders of water objects) and (or) borders of parts of the water objects, sites of the continental shelf of the Russian Federation and sites of exclusive economic zone of the Russian Federation recognized by fish-breeding sites

1. In Item 2:

a) add the subitem "a" with words ", and also in internal sea waters of the Russian Federation, in the territorial sea of the Russian Federation within the Far East fishery basin";

b) in the subitem "b" of the word of "municipalities, not adjacent to the territories" shall be replaced with words "except for internal sea waters of the Russian Federation and the territorial sea of the Russian Federation within the Far East fishery basin";

c) in the subitem "v" of the word", and also in internal sea waters of the Russian Federation and in the territorial sea of the Russian Federation, adjacent to the territory of the municipality of appropriate subject of the Russian Federation" to exclude.

2. Add with Item 2 (1) the following content:

"2(1). Delimitation of fish-breeding sites, except for fish-breeding sites in internal sea waters of the Russian Federation, in the territorial sea of the Russian Federation, in exclusive economic zone of the Russian Federation and on the continental shelf of the Russian Federation within the Far East fishery basin (further - the water area of the Far East fishery basin), is performed according to Items 2 - 16, 30 these rules.

Delimitation of fish-breeding sites in the water area of the Far East fishery basin is performed according to Items 2, of 17 - 30 these rules.".

3. To state the subitem "g" of Item 9 in the following edition:

"d) complete or partial imposing of borders of the fish-breeding site on borders of especially protected natural territories established in accordance with the legislation of the Russian Federation, finding of borders of the fish-breeding site in borders of especially protected natural territories established in accordance with the legislation of the Russian Federation, or crossing by borders of the fish-breeding site of borders of especially protected natural territories established in accordance with the legislation of the Russian Federation if other is not established by regulations on them;".

4. Add with Items 17 - 30 following contents:

"17. In the water area of the Far East fishery basin delimitation of fish-breeding sites is performed within water areas concerning which there are no restrictions specified in Item 19 of these rules (further - available water areas).

18. For delimitation of fish-breeding sites within the water area of the Far East fishery basin the list of available water areas is created. The list of available water areas is created by the Ministry of the Russian Federation of development of the Far East.

19. When forming the list of available water areas it is not allowed:

a) complete or partial imposing of borders of available water areas on borders of the fish-breeding site concerning which the agreement of use of the fish-breeding site, crossing is signed by borders of available water areas of borders of the fish-breeding site concerning which the agreement of use of the fish-breeding site, finding of borders of available water areas within borders of the fish-breeding site concerning which the agreement of use of the fish-breeding site is signed is signed;

b) complete or partial imposing of borders of available water areas on borders of the fishery site, crossing by borders of available water areas of borders of the fishery site, finding of borders of available water areas within borders of the fishery site;

c) complete or partial imposing of borders of available water areas on borders forbidden for swimming and temporarily dangerous areas in which are completely prohibited or swimming, statement on anchor, production of marine mammals, fishery implementation to benthonic tools of production (catch) of water biological resources, underwater or dredging works, soil sampling, underwater explosions, swimming with etched anchor chain, flight, lag and landing (landing on water) of aircraft and other activities, regions of the doctrines and combat training of Navy, areas dangerous in the navigation relation, areas of the anchor parking and the established ways of movement of courts (further - forbidden areas), and also crossing by borders of available water areas of borders of forbidden areas or finding of borders of available water areas within borders of forbidden areas are temporarily limited;

d) complete or partial imposing of borders of available water areas on borders of especially protected natural territories established in accordance with the legislation of the Russian Federation, finding of borders of available water areas in borders of especially protected natural territories established in accordance with the legislation of the Russian Federation, crossing by borders of available water areas of borders of especially protected natural territories established in accordance with the legislation of the Russian Federation if other is not set by the mode of especially protected natural territories;

e) complete or partial imposing of borders of available water areas on the water area of seaport and (or) approaches to it, on navigable waters, crossing by borders of available water areas with borders of the water area of seaport and (or) approaches to it, with navigable waters, finding of borders of available water areas within the water area of seaport and (or) on approaches to it, within navigable waters;

e) the arrangement of borders of available water areas about mouths of the rivers in which spawning of anadromous species of fish is performed production (catch) of which is performed according to article 29.1 of the Federal law "About Fishery and Preserving Water Biological Resources", at distance less than 2 kilometers in both parties from such mouth and at distance of 2 kilometers in depth of the sea or gulf;

g) complete or partial imposing of borders of available water areas on borders of the water objects or their parts provided according to the Water code of the Russian Federation in the isolated water use.

20. When forming the list of available water areas and its maintenance in urgent condition the state sea navigation charts of the corresponding scale according to the procedure, No. 868 established by the order of the Government of the Russian Federation of August 20, 2015 "About approval of Rules of provision of right to use on behalf of the Russian Federation of the state sea navigation charts and determination of amount of remuneration for their use" are used.

21. For the purpose of forming of the list of available water areas and its maintenance in urgent condition:

a) The ministry of the Russian Federation of development of the Far East prepares the list of sites of the water area of the Far East fishery basin which is understood as set of sites of the sea water area no more than 100 hectares everyone with 4 equal parties no more than one kilometer everyone, with indication of 4 geographical coordinates of angles of crossing of 4 of its parties (further - the list of the numbered sites) and assignment to each site of number;

b) The ministry of the Russian Federation of development of the Far East sends the list of the numbered sites to the Ministry of Defence of the Russian Federation, the Ministry of Agriculture of the Russian Federation, the Ministry of Transport of the Russian Federation, the Ministry of Natural Resources and Environmental Protection of the Russian Federation, Federal Agency for Fishery, Federal Agency for Sea and Inland Water Transport, Federal Agency for Water Resources and executive bodies of the coastal subjects of the Russian Federation which are part of the Far Eastern Federal District (further - executive bodies);

c) executive bodies within 30 working days from the date of receipt of the list of the numbered sites send to the Ministry of the Russian Federation of development of the Far East information on the sites included in the list of the numbered sites concerning which there are no restrictions specified in Item 19 of these rules including the executive bodies of coastal subjects of the Russian Federation which are part of the Far Eastern Federal District taking into account interests of indigenous ethnic groups of the North, Siberia and the Far East of the Russian Federation;

d) executive bodies send to the Ministry of the Russian Federation of development of the Far East and the Ministry of Defence of the Russian Federation information on the site included in the list of the numbered sites concerning which restrictions are introduced or earlier introduced restrictions specified in Item 19 of these rules within 3 calendar days after adoption in accordance with the established procedure of relevant decisions in case of which implementation of aquaculture (fish breeding) on such site is not allowed are cancelled.

22. The ministry of the Russian Federation of development of the Far East within 3 calendar days from the date of receipt of information specified in subitems "v" and "g" of Item 21 of these rules creates and publishes the list of available water areas on the official site in Internet network.

23. The Federal Agency for Fishery no later than 5 working days from the date of publication according to Item 22 of these rules of the list of available water areas performs reception of applications about delimitation of fish-breeding sites within available water areas of the Far East fishery basin (further - the statement) from legal entities, peasant farms, individual entrepreneurs registered in the Russian Federation according to the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" (further - applicants).

24. The applicant submits to Federal Agency for Fishery the application in writing directly in case of the personal address or the mailing or electronically through the corresponding Internet resource determined by the Ministry of the Russian Federation of development of the Far East for such purposes in the form of the electronic document signed by the strengthened qualified digital signature of the applicant.

25. The following data are specified in the statement:

a) complete and (in the presence) the reduced trade name, the address and the location, bank details, identification taxpayer number, the primary state registration number, contact telephone number - for the legal entity;

b) surname, name, middle name (in the presence), data of the identity document, the residence, bank details, identification taxpayer number, the insurance number of the individual ledger account in system of mandatory pension insurance, contact telephone number - for the individual entrepreneur;

c) name of water object;

d) the description of borders of the fish-breeding site taking into account provisions of Item 27 of these rules;

e) the area and the type of water use of the fish-breeding site provided by the Water code of the Russian Federation.

26. Federal Agency for Fishery:

a) within one working day from the date of receipt of the statement publishes information on the arrived statement on the official site in Internet network;

b) within 10 working days from the date of receipt of the statement adopts the legal act and the decision on holding the auction, including electronic auction, on right to contract of use of the fish-breeding site according to the Rules of the organization and tendering (tenders, auctions) on right to contract of use of the fish-breeding site approved by the order of the Government of the Russian Federation of May 15, 2014 No. 450 "About approval of Rules of the organization and tendering (tenders, auctions) on right to contract of use of the fish-breeding site" (further respectively - Rules of the organization and tendering, auction).

27. Borders of the fish-breeding site are determined:

a) within the list of available water areas;

b) in limits of no more than 4 any points of binding described in geographical coordinates, consecutive connection of the specified points by straight lines;

c) the area of the fish-breeding site cannot be less than 100 hectares and exceed 5000 hectares;

d) the distance between fish-breeding sites, and also between fish-breeding sites and fishery sites cannot be less than 500 meters from each other.

28. The Federal Agency for Fishery within 3 working days from the date of adoption of the legal act posts it on the official site in Internet network and sends its copy to executive bodies.

29. Federal Agency for Fishery in case of cancellation of holding the auction or recognition cancelled auction according to the procedure, determined by Rules of the organization and tendering, within 10 working days from the date of cancellation of holding the auction or recognition cancelled auction:

a) makes the decision on cancellation of the legal act, except as specified the conclusions of the contract of use of the site with the single participant of auction according to Rules of the organization and tendering;

b) notifies executive bodies on the made decision;

c) posts on the official site in Internet network information on the made decision.

30. The Federal Agency for Fishery within 3 days from the date of the conclusion of the contract of use of the fish-breeding site with the winner of auction according to Rules of the organization and tendering and (or) from the date of decision making about cancellation of the legal act sends to the copy of the specified documents in the Ministry of Defence of the Russian Federation and the Ministry of Transport of the Russian Federation for taking measures aimed at navigation safety.".

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info