RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 8, 2022 No. 366

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

In pursuance of paragraph two of Item 10 of the Presidential decree of the Republic of Belarus of July 21, 2021 "About fishery and fishing economy" and based on Item 51 of Rules of amateur fishery, Item part three 8, of Item 10, Item parts one 14, Item parts one 18, Item parts one 28, Item parts two 42, of the paragraph of the third Item 44, parts two of Item 75 of the Rules of maintaining fishing economy approved by this Decree the Council of Ministers of the Republic of Belarus DECIDES: No. 284

1. Approve:

The regulations on procedure for carrying out tender on provision in lease of fishing grounds of fund of inventory (are applied);

The regulations on procedure and sales terms to legal entities of quotas for production (catch) of fish in fishing grounds of fund of inventory (are applied);

Regulations on procedure for carrying out examination of things, vehicles, tools of fishery, fish, and also withdrawal illegally of the got fish and the tools of fishery used at the same time (are applied);

The regulations on procedure for preparation, consideration, approval, and also requirements to content and form of biologo-economic and fish-breeding and biological reasons for maintaining fishing economy, comprehensive plan of use of fishing grounds (are applied);

The regulations on procedure for inclusion in the list of persons having the right to sale and storage of the fishing nets made with use of other setematerial of tools of production of fish or other water animals and setematerial (are applied).

2. Establish:

standard form of the lease agreement of fishing grounds according to appendix 1;

minimum rates of the hire charge of fishing grounds according to appendix 2.

3. Bring in the single list of the ministerial procedures performed concerning subjects of managing, No. approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 548, the following changes:

to exclude subitems 5.24.8-5.24.27 of Item 5.24;

add Item 6.14 with subitem 6.14.3 of the following content:

"6.14.3. Inclusion in the list of persons having the right to sale and storage of the fishing nets made with use of other setematerial of tools of production of fish or other water animals and setematerial

Ministry of Agriculture and Food Production

regional executive committees, Minsk Gorispolkom

5 days

free of charge".

4. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 3.

5. This resolution becomes effective since July 29, 2022.

 

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of June 8, 2022 No. 366

Standard form

Lease agreement of fishing grounds

___ ________ ___ No. ______	_____________________________________________
(date and agreement number)	(place of agreement)

_____________________________________________________________________________

                         (name of regional executive committee)

(further – the lessor) on behalf of ___________________________________________________

                                                        (position, surname, own name,

_____________________________________________________________________________

middle name (if that is available) the head)

_____________________________________________________________________________,

acting on the basis of the ___________________________________________________,

                                                                    (regulatory legal act)

and ___________________________________________________________________________

                   (name of the legal entity)

(further – the lessee) on behalf of _____________________________________________________

                                                  (surname, own name,

____________________________________________________________________________,

middle name (if that is available) the head of the legal entity)

acting on the basis of the ____________________________________________________,

                                                           (charter, provision)

signed this agreement as follows:

Subject of this agreement

1. The lessor provides, and the lessee accepts in lease the reservoir located in the territory _______________________ the ________________________ areas of the area ______________________________________________________________________

                                                                (reservoir, water storage basin)

area _______________ hectare __________________________________________________

                                                       (type, class, name,

_____________________________________________________________________________

area of fishing grounds)

(further, unless otherwise specified, – fishing grounds) for the purpose of maintaining fishing economy by ______________________________________________________________

(trade fishery,

_____________________________________________________________________________

organization of paid amateur fishery,

______________________________________________________________________________

trade fishery and organization of paid amateur fishery)

Rights of the parties

2. The lessor has the right:

exercise control of timely execution by the lessee of terms of this agreement within the competence;

require timely introduction by the lessee of the rent for fishing grounds;

receive from the lessee of the data, reference and other materials about protection and use of fish and fishing grounds;

have other rights, stipulated by the legislation.

3. The lessee has the right:

obtain information on the fishing grounds provided in lease from local executive and administrative organs;

dispose of fish, income gained from its realization, the other incomes gained as a result of maintaining fishing economy;

realize permits to paid amateur fishery, and also check at fishers in leased fishing grounds on which paid amateur fishery, availability of such permits is organized;

to independently determine the mode of use of motor-towers (motor-dogs);

have other rights, stipulated by the legislation.

Obligations of the Parties

4. The lessor shall:

not interfere with economic activity of the lessee if it does not contradict the legislation;

pay the damages caused by non-execution or improper execution by the lessor of this agreement, and also illegal restriction of the rights of the lessee;

warn the lessee about the third party rights to use of the leased fishing grounds;

eliminate obstacles and stop the actions of the third parties which are not allowing the lessee to use fishing grounds according to this agreement.

5. The lessee shall:

follow Rules of amateur fishery, Rules of maintaining fishing economy approved by the Presidential decree of the Republic of Belarus of July 21, 2021 No. 284, and other regulatory legal acts regulating questions of protection and use of fish resources;

to timely bring the hire charge of fishing grounds according to this agreement;

satisfy the conditions specified in this agreement, biologo-economic and fish-breeding and biological reasons, comprehensive plan of use of fishing grounds;

establish on the bank of fishing grounds notices with indication of information on the fishery mode;

provide open entry of citizens to leased fishing grounds;

not allow violation of the rights of other users of objects of fauna, and also users of water objects in which borders maintaining fishing economy is performed;

compensate to the state the harm done in the course of maintaining fishing economy;

contain in proper sanitary condition of the coast of fishing grounds in borders of coastal strips at distance at least 50 meters from the coastline;

not later than three months before expiration of the contract of lease in case of intention to sign the lease agreement for new term in writing to notify on it regional executive committee;

provide catch of fish according to the established quotas;

provide steady and target use of fish resources of fishing grounds;

provide actions for prevention of the zamorny phenomena and liquidation of their effects;

provide preferential terms on implementation of paid amateur fishery to veterans of the Great Patriotic War in case of presentation of the certificate of the participant of war, to disabled people of I and II groups at presentation of the certificate of the disabled person, the pensioners who came to old-age pension in accordance with general practice in case of presentation of the pension certificate, to persons up to 16 years, to combat veterans in the territory of other states in case of presentation of the certificate of the combat veteran in the territory of other states, and also to the citizens registered at the place of residence in the settlements determined in lease agreements;

use in case of trade fishery of the tool of fishery in the quantity and the sizes provided in biologo-economic or fish-breeding and biological reasons;

create fishing crews according to requirements of this agreement and ensure their functioning;

designate anchor buoys bright (orange, red, yellow) colors the established trade tools of fishery through each 100 meters, and also at the beginning and the end of the exposed procedure in fishing grounds in which trade fishing is performed;

represent fishery tools for registration and marking to regional or interdistrict inspections of protection of animal and flora of the State inspection of protection of animal and flora in case of the President of the Republic of Belarus;

return in the relevant regional or interdistrict inspectorates of protection of animal and flora of the State inspection of protection of animal and flora in case of the President of the Republic of Belarus marking signs in the cases established in Item 41 of Rules of maintaining fishing economy;

ensure safety of the marking signs established on tools of trade fishery;

compensate the budgetary funds spent for production of marking signs in case of their loss (plunder);

provide trade tickets in regional executive committees and tonevy magazines in district executive committees;

record the caught fish by quantity and types for each fishing ground separately and to submit the reporting in the Ministry of Agriculture and Food within the terms established by Rules of maintaining fishing economy;

inform the relevant regional or interdistrict inspectorates of protection of animal and flora of the State inspection of protection of animal and flora in case of the President of the Republic of Belarus on operating mode of fishing crews;

provide possibility of acquisition of permits to paid amateur fishery directly on site of the fishing ground provided in lease and also in other places which are not prohibited by the legislation (including by placement of information on the global computer Internet);

provide possibility of return by fishers of the permits to paid amateur fishery realized by it in form according to appendix 3 to Rules of amateur fishery;

store tonevy magazines, roots of permits and the returned permits to paid amateur fishery within three years;

determine settlements in which for the citizens registered at the place of residence preferential terms on implementation of paid amateur fishery are provided;

provide creating favorable conditions for implementation of amateur fishery under the organization of paid amateur fishery and signing of the act of creating favorable conditions within six months from the date of the conclusion of the lease agreement and to support condition of fishing grounds during the entire period of lease;

confirm availability of favorable conditions once in three years with signing by the authorized person of regional executive committee or district executive committee of the act of creating favorable conditions;

place information on the provided preferential terms on information indexes (notices) established in well surveyed places, in mass media, other public sources, including in the global computer Internet.

Hire charge of fishing grounds

6. For use of leasable fishing grounds the Lessee annually _________ brings not later the rent in the amount of _______.

7. The amount of the rent can change by agreement of the parties, but there cannot be less minimum rates of the hire charge of the fishing grounds established by Council of Ministers of the Republic of Belarus.

Responsibility of the parties

8. Under this agreement, including for change or termination (cancellation) of this agreement unilaterally, the party at fault bears the responsibility established by the legislation for non-execution or improper execution of the obligations.

9. The lessee bears responsibility according to the procedure, established by the legislation, for deterioration in specific list of the fish living in fishing grounds, reduction of its trade inventory for the period of lease of fishing grounds and also for causing other harm to leasable fishing grounds which arose through his fault.

10. For violation of terms of introduction of the rent established by this agreement, the lessee pays penalty in the amount of ________ from the amount of overdue payment for each day of delay.

Procedure for change, termination and cancellation of this agreement

11. Change, termination and cancellation of this agreement are possible by agreement of the parties if other is not provided by the Civil code of the Republic of Belarus, Rules of maintaining fishing economy or this agreement. The agreement on change, termination and cancellation of this agreement is made in the same form, as this agreement.

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