PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 21, 2021 No. 284

About fishery and fishing economy

For the purpose of carrying out single state policy, ensuring economic interests of the state in the field of fishery and maintaining fishing economy, enhancement of public administration by them, and also reproduction, protection and rational use of the wild animals belonging to objects of fishery:

1. Determine that the Ministry of Agriculture and Food (further - Ministry of Agriculture and Food Production) carries out single state, including scientific and technical, in the field of fishery and maintaining fishing economy and performs policy:

public administration by fishery and maintaining fishing economy;

preparation of projects of regulatory legal acts on regulation of fishery and maintaining fishing economy;

coordination of activities of republican state bodies, other organizations and physical persons, including individual entrepreneurs, regarding fishery and maintaining fishing economy;

the organization of work on reproduction of the wild animals belonging to objects of fishery, preserving and recovery of the circle of their dwelling;

ensuring increase in productivity of fishing grounds, including the organization of carrying out selection and breeding work, fish-breeding and meliorative actions, works on acclimatization of the wild animals belonging to objects of fishery, stocking of fishing grounds;

accounting of the fishing grounds used for maintaining fishing economy;

approval of drafts of decisions of regional executive committees on provision in lease of fishing grounds, and also about modification of lease agreements of these grounds and termination of such agreements;

the organization of icthyological observations in fishing grounds, collection and information analysis, received as a result of such observations;

the organization and carrying out accounting of fish resources based on the departmental reporting represented by the legal entities performing maintaining fishing economy;

international cooperation in the field of fishery and maintaining fishing economy;

approval in coordination with the State inspection of protection of animal and flora in case of the President of the Republic of Belarus (further - the State inspection) the republican list of ponds and the flooded pits suitable for maintaining fish breeding;

approval in coordination with the State inspection of the republican list of the fishing grounds suitable for maintaining fishing economy;

other functions in the field of fishery and maintaining fishing economy.

2. Approve:

Rules of amateur fishery (are attached);

Rules of maintaining fishing economy (are attached).

3. Determine features of sale and storage of fishing nets and other setematerial of tools of production of fish made with use or other water animals, and also setematerial and traditional national tools of fishing (appendix 1).

4. Within 12 months to provide to republican state public association "Belarusian society of hunters and fishers" (further - RGOO "BOOR") possibility of obtaining by authorized officers of the State inspection of the data included in the register of underwater hunters by means of remote access to the available information systems on electronic channels.

5. The certificates on the spearfishing right issued before entry into force of this Item grant the right to implementation of spearfishing within 12 months and throughout this term are subject to exchange for certificates for the spearfishing right according to the procedure and in form, the established Rules of amateur fishery approved by this Decree.

6. Fish-breeding and biological reasons for maintaining fishing economy shall be brought into accord with requirements of this Decree within 12 months with passing of the state environmental assessment of the changes made to them.

7. The lease agreements of fishing grounds signed by local executive and administrative organs with legal entities before entry into force of this Item are not subject to reduction in compliance with this Decree and regulatory legal acts adopted according to it, except for changes of such agreements by agreement of the parties.

8. Make changes to the Presidential decree of the Republic of Belarus of April 26, 2010 No. 200 "About the ministerial procedures performed by state bodies and other organizations for petitions from citizens" (appendix 2).

9. Recognize invalid presidential decrees of the Republic of Belarus (appendix 3).

10. To Council of Ministers of the Republic of Belarus and regional executive committees:

within 12 months to provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

11. To regional executive committees annually when forming drafts of local budgets for the next financial year to provide assignment for actions for protection, reproduction and rational use of fish resources within state programs within the means provided on their realization.

12. This Decree becomes effective in the following procedure:

Items 4, 5, 10, 11, this Item of this Decree, Item 1 of appendix 2 to it, appendix 2 to the Rules of conducting amateur fishery approved by this Decree - after official publication of this Decree;

other provisions of this Decree - in 12 months after its official publication.

Appendix 1

to the Presidential decree of the Republic of Belarus of July 21, 2021 No. 284

Features of sale and storage of fishing nets and other setematerial of tools of production of fish made with use or other water animals, and also setematerial and traditional national tools of fishing

1. Sale of the fishing nets made with use of other setematerial of tools of production of fish or other water animals (further - fishing nets) and setematerial is performed by legal entities and individual entrepreneurs, traditional national tools of fishing - the physical persons who are engaged in their production. The specified activities are performed by legal entities and physical persons, including individual entrepreneurs, on condition of their inclusion in the list of persons having the right to the sale and storage of fishing nets, setematerial and traditional national tools of fishing created by regional executive committees and the Minsk Gorispolkom (further - the list).

2. Sale of fishing nets, setematerial and traditional national tools of fishing by persons included in the list is performed:

2.1. to legal entities and physical persons, including individual entrepreneurs, according to the quantity and the nomenclature specified in biologo-economic or fish-breeding and biological reasons or biological reasons procurement and (or) purchase of the wild animals who are not belonging to subjects to hunting and fishery, the contract for trade fishing on quotas in fund of inventory of fishing grounds, the actions plan for use of superficial water object for fish breeding * in case of presentation of one of the following documents:

lease contracts of fishing grounds;

lease contracts of superficial water object for fish breeding;

decisions on provision of fishing grounds in free use;

decisions of local executive and administrative organ on provision of the right to procurement of the water wild animals who are not belonging to subjects to hunting and fishery (long-skirted (uzkopaly) cancer, east river shrimp);

contracts for trade fishing on quotas in fund of inventory of fishing grounds;

______________________________

* The fish breeding is understood as content and cultivation, including cultivation, fishes in artificial conditions.

2.2. to other legal entities and individual entrepreneurs who are engaged in activities in the field of fish breeding in case of confirmation of the fact of implementation of this type of activity;

2.3. to the scientific organizations performing researches in the field of fishing economy;

2.4. to other persons included in the list.

3. Sale of fishing nets, setematerial and traditional national tools of fishing by persons included in the list, to legal entities and physical persons including to individual entrepreneurs, for exhibiting, dressing and use as decoration of interior is allowed. The purpose of use of fishing nets, setematerial and traditional national tools of fishing is specified in the documents confirming legality of their acquisition.

Sale to physical persons of the nets having the circle form with diameter of circle of no more 0,6 of meter or other form with the maximum distance between counter parties of no more 0,6 of meter with cell step less than 10 millimeters and lifting grids no more than 1 x 1 meter in size and cell step less than 10 millimeters is allowed.

If legal entities and physical persons, including the individual entrepreneurs who acquired fishing nets, setemateriala and traditional national tools of fishing according to Item 2 presents of appendix lost the right of lease of fishing grounds or superficial water objects for fish breeding, the right to procurement of the water wild animals who are not belonging to subjects to hunting and fishery or to trade fishing on quotas in fishing grounds of fund of inventory, stopped activities in the field of fish breeding, these legal entities and physical persons, including individual entrepreneurs, can perform sale of fishing nets, setematerial and traditional national tools of fishing to persons having the right to their sale.

Sale of fishing nets, setematerial and traditional national tools of fishing by persons who are not included in the list, except as specified, established in part three of this Item is forbidden.

4. The legal entities and individual entrepreneurs specified in Item of 1 this appendix shall conduct registers of the sold fishing nets and setematerial according to the procedure, established by the Ministry of anti-monopoly regulation and trade.

The tools of amateur fishery specified in Item part two 3 presents of appendix are not brought in registers of the sold fishing nets and setematerial.

5. Persons which acquired fishing nets, setemateriala and traditional national tools of fishing (except for 3 presents of appendix specified in Item part two) according to Item 2 presents of appendix, shall send in a month from the date of their acquisition to the relevant regional or interdistrict inspectorate of protection of animal and flora of the State inspection the notification on storage by legal entity and physical person, including the individual entrepreneur, fishing nets, setematerial and traditional national tools of fishing (further - the notification) in form according to appendix 5 to the Rules of maintaining fishing economy approved by the Decree determining these features.

If the notification is not directed at the scheduled time or storage of fishing nets, setematerial and traditional national tools of fishing is performed not on the storage location specified in the notification, such storage is illegal.

6. Storage of fishing nets, setematerial and traditional national tools of fishing, except for the tools of amateur fishery specified in Item part two 3 presents of appendix is performed by legal entities and physical persons, including individual entrepreneurs, in the places determined by them.

Storage of fishing nets, setematerial and traditional national tools of fishing by persons who are not included in the list and also in the places which are not determined for storage according to the notification is forbidden.

Appendix 2

to the Presidential decree of the Republic of Belarus of July 21, 2021 No. 284

The changes made to the Presidential decree of the Republic of Belarus of April 26, 2010 No. 200

Add the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, approved by the Decree:

1. Items 16.12-1-16.12-3 of the following content:

"16.12-1. Certification on the spearfishing right	RGOO "BOOR" or its organizational structures	statement passport or other identity document two color photos   of the applicant of 30 x 40 mm in size the document confirming introduction of payment	1 basic size	15 days	it is termless
16.12-2. Exchange of the certificate for the spearfishing right	RGOO "BOOR" or its organizational structures	statement passport or other identity document two color photos   of the applicant of 30 x 40 mm in size the certificate issued earlier the document confirming introduction of payment	0,2 of basic size	15 days	it is termless
16.12-3. Issue of the duplicate of the certificate on the spearfishing right instead of become useless (the kidnapped person lost)	RGOO "BOOR" or its organizational structures	the statement with indication of the reasons of issue of the duplicate passport or other identity document  the become useless certificate on the spearfishing right (in case of its availability) two color photos   of the applicant of 30 x 40 mm in size the document confirming introduction of payment	0,2 of basic size	15 days	it is termless";

 

2. Item 17.11 of the following content:

 

"17:11. Inclusion in the list of the persons having the right to sale and storage of fishing nets and made with use of other setematerial of tools of production of fish or other water animals, setematerial and traditional national tools of fishing

regional (The Minsk city) executive committee

statement passport or other identity document

free of charge

15 days

it is termless".

 

Appendix 3

to the Presidential decree of the Republic of Belarus of July 21, 2021 No. 284

List of invalid presidential decrees of the Republic of Belarus

1. The presidential decree of the Republic of Belarus of December 8, 2005 No. 580 "About some measures for increase in efficiency of fishing activities, enhancement of public administration by it".

2. Subitem 8.3 of Item 8 of the Presidential decree of the Republic of Belarus of September 14, 2006 No. 574 "About some questions of collection of the state fee".

3. The presidential decree of the Republic of Belarus of April 30, 2007 No. 207 "About entering of amendments and changes into the Presidential decree of the Republic of Belarus of December 8, 2005 No. 580".

4. Subitem 1.50 of Item 1 of the Presidential decree of the Republic of Belarus of May 28, 2008 No. 286 "About modification, amendments and recognition voided some presidential decrees of the Republic of Belarus".

5. Item 20 of appendix to the Presidential decree of the Republic of Belarus of August 26, 2008 No. 445 "About some questions of bodies of the state statistics".

6. Subitem 1.12 of Item 1 of the Presidential decree of the Republic of Belarus of January 23, 2009 No. 52 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning documentation of the population of the Republic of Belarus".

7. The presidential decree of the Republic of Belarus of July 23, 2010 No. 386 "About modification and amendments in the Presidential decree of the Republic of Belarus of December 8, 2005 No. 580".

8. Subitem 1.8 of Item 1 of the Presidential decree of the Republic of Belarus of June 21, 2012 No. 284 "About modification and amendments in some presidential decrees of the Republic of Belarus".

9. Subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of December 5, 2013 No. 551 "About modification and amendments in presidential decrees of the Republic of Belarus of December 8, 2005 No. 580 and of April 26, 2010 No. 200".

10. Subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of December 1, 2014 No. 552 "About modification and amendments in presidential decrees of the Republic of Belarus".

11. The presidential decree of the Republic of Belarus of July 11, 2017 No. 247 "About change of the Presidential decree of the Republic of Belarus".

Approved by the Presidential decree of the Republic of Belarus of July 21, 2021 No. 284

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