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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 22, 2023 No. 1347

Some questions of implementation of special use of water bioresources

According to parts three, the ninth and tenth Article 24, 27, parts two of Article 28 and parts three and the seventh article 30 of the Law of Ukraine "About fishery, industrial fishery and protection of water bioresources" the Cabinet of Ministers of Ukraine decides Article parts three:

1. Approve enclosed:

Procedure of special use of water bioresources;

The standard agreement on the right of special use of water bioresources in fishery water objects (their parts);

The standard agreement on the right of implementation of pilot catch in fishery water objects (their parts).

2. Determine that date of start of component of the Single state electronic management system the industry of fishery providing issue, refusal in issue, renewal, cancellation of permission to special use of water bioresources in fishery water objects (their parts) (for implementation of industrial fishery, pilot catch) means of the Single state electronic management system industry of fishery is date of the notification on the official website of the State agency of development of melioration, fishery and food programmes on the beginning of its work.

3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the enclosed list.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 22, 2023, No. 1347

Procedure of special use of water bioresources

General provisions

1. This Procedure determines the mechanism:

establishments of limits of special use of water bioresources in fishery water objects (their parts), internal sea waters, the territorial sea, exclusive (sea) economic zone and the continental shelf of Ukraine (further - fishery water objects (their part) for implementation of industrial fishery and pilot catch and their approval;

distributions of limits of special use of water bioresources in fishery water objects (their parts) for implementation of industrial fishery and pilot catch on quotas of production (catch);

special use of the water bioresources which are in conditions of natural will (except the types included in the Red List of Ukraine), in fishery water objects (their parts);

implementation of the procedure of sale at auction by carrying out the electronic biddings of the right to the conclusion of contracts for the right of special use of water bioresources in fishery water objects (their parts) which consist for realization of quotas of production (catch);

issues, refusal in issue, renewals, cancellations of permission to special use of water bioresources in fishery water objects (their parts) (for implementation of industrial fishery, pilot catch) (further - permission);

collections of payment for special use of water bioresources.

2. In this Procedure terms are used in the following sense:

1) auction method of alienation of lot on which the participant of auction who during the electronic biddings in electronic trading system offered top price of realization of lot becomes the winner;

2) label for marking of fishing gears - the sign of the established sample intended for marking of fishing gears;

3) responsible for getting (catch) of water bioresources - the official appointed the user of water bioresources from among fishers who is responsible for observance of requirements of the legislation concerning getting (catch) of water bioresources from the circle of their stay;

4) warranty fee amount of means in the amount of, determined according to this Procedure, brought by the applicant by money transfer on the bank account of the operator of an electronic trading platform for ensuring accomplishment of the obligation on participation in auction and acquisition of participant status of auction;

5) electronic site - the hardware and software connected to the central database functioning on the Internet and providing to applicants, participants of auction and the organizer of auction opportunity to use services of such system with automatic exchange of information about procedures of holding the auction;

6) the register of the withdrawn water bioresources documents of the established sample which is the basic for accounting of the got (caught) water bioresources;

7) the register of the accepted water bioresources documents of the established sample which is the basic for accounting of the water bioresources accepted on rybopriyemny Item of the user of water bioresources;

8) the closed price offer amount of means which payment is declared by the participant of auction before holding the auction and moves in personal account through the operator of an electronic trading platform in electronic trading system before the termination of deadline of adoption of auction participation applications;

9) the applicant subject of managing who intends to participate in auction;

10) the catching tool - adaptation by means of which special use of water bioresources is performed. Depending on method of application of fishing gear are subdivided on: active - seines, trawls, drags, smooth grids, etc. and passive-dowelling grids, seines, yater, etc.;

11) lot - the right to the conclusion of the contract for the right of special use of water bioresources in fishery water objects (their parts) offered for auction;

12) the minimum step of auction - the minimum allowance in the amount of one percent of the starting price of lot on which during the auction increase in the closed price offer / the price offer can be performed;

13) load of fishery water object (its part) - quantity, types, the sizes, engineering characteristics of fishing gears, and also quantity and characteristics of the fishing boats registered in the Ship book of Ukraine or the State ship register of Ukraine admissible to application when implementing special use of water bioresources taking into account admissible to use of quantity of the fishing gears determined by rules of industrial fishery by them;

14) scientific and industrial council - advisory advisory body Gosrybagentstva on consideration and the solution of the questions connected with use of fishery water objects (their parts), protection, reproduction of water bioresources and their rational use; development of scientific recommendations about development of fishery industry, offers on development of the directions of development of special use of such bioresources;

15) amount of special use of water bioresources amounts of production (catch) by users of water bioresources of specific types of water bioresources for the certain period determined in the contract for the right of special use of water bioresources in fishery water objects (their parts) and the contract for the right of implementation of pilot catch in fishery water objects (their parts);

16) announcements of holding the auction (further - announcements) - the data and information containing data on auction which are published in electronic trading system and on websites of operators of electronic platforms;

17) the operator of an electronic trading platform (further - the operator) - the legal entity having the right to use electronic platform and acting according to the usage agreement of electronic trading system signed with the administrator of electronic trading system;

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