Unofficial transfer (c) Soyuzpravoinform LLC

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 components of the Single state electronic management system the industry of fishery providing the conclusion of the contract for the right of special use of water bioresources in fishery water objects (their parts), 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), maintaining register of fishing activities, execution of the receipt of accounting of the got (caught) water bioresources and marking of fishing gears means of the Single state electronic management system industry of fishery, is date of the notification on the official website of the State agency on development of melioration, fishery and food programmes on the beginning of their work;

the register of the accepted water bioresources and register of the withdrawn water bioresources are transferred by subjects of fishery to territorial authority of the State agency on development of melioration, fishery and food programmes which implements the powers in the territory of the corresponding administrative territorial unit within which special use of water bioresources, within one month from the date of entry into force of this resolution is performed.

2-1. To provide to the state agency on development of melioration, fishery and food programmes:

1) within three months introduction of the information (data) containing in register of the accepted water bioresources and register of the withdrawn water bioresources, introduced in them since January 1, 2024 in component of the Single state electronic management system industry of fish economy - register of fishing activities;

2) within a month - introduction of information (data) about the water bioresources issued after January 1, 2024 permissions to special use in fishery water objects (their parts) (for implementation of industrial fishery, pilot catch) according to the Procedure of the special use of water bioresources approved by this resolution to component of the Single state electronic management system industry of fishery - permission to special use of water bioresources in fishery water objects (their parts) (for implementation of industrial fishery, pilot catch);

3) within a month - introduction of information (data) on the agreements signed after January 1, 2024 on the right of special use of water bioresources in fishery water objects (their parts) according to the Procedure of the special use of water bioresources approved by this resolution in component of the Single state electronic management system industry of fishery - the contract for the right of special use of water bioresources in fishery water objects (their parts).

2-2. Determine that for warlike situation and within two years from the date of its termination or cancellation are not applied:

1) requirements about entering into register of fishing activities of information determined by paragraphs the fifth or eighth the subitem 5 of Item 31-1 of the Procedure of the special use of water bioresources approved by this resolution;

2) requirements by description the labels and to marking method labels determined by the paragraph the fourth subitems 1 and 5 of Item 3 of appendix 2 to the Procedure of special use of water bioresources approved by this resolution.

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

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 - the unified means of marking of fishing gears with the identification number, barcode and QR code providing their accounting and identification;

3) the responsible person for getting (catch) of water bioresources - it is appointed the subject of fishery performing special use of water bioresources, the worker responsible for getting (catch) of water bioresources and entering of information into register of fishing activities;

3-1) responsible person for maintaining register of fishery activities - it is appointed the subject of fishery performing special use of water bioresources, the worker responsible for entering of information into register of fishing activities;

3-2) responsible person for acceptance and accounting of water bioresources on rybopriyemny Item - it is appointed the subject of fishery providing accounting of water bioresources on rybopriyemny Item, the worker responsible for acceptance and accounting of water bioresources, and also entering of information into register of fishing activities;

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 fishery activities component of the Single state electronic management system industry of fishery (further - System) providing accounting of fishing activities and execution of the receipt of accounting of the got (caught) water bioresources;

7) No. 765 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 28.06.2024

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 right on the conclusion of the contract for the right of special use of water bioresources in fishery water objects (their parts), is offered for auction and created by results of distribution of limits for implementation of industrial fishery on quotas of production (catch) by funds of component of System agreement for the right of special use of water bioresources in fishery water objects (their parts);

11-1) marking establishment by the subject of fishery of labels on fishing gears;

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;

18) personal office - the component of electronic trading system provided by the operator which allows Gosrybagentstva, to the applicant and the participant of auction to perform activities in electronic trading system according to this Procedure;

19) prior consent to expectation - the assurance of the participant of auction provided to the operator that in case of introduction by such participant of the second for the size closed price offer / the price offer he agrees to expectation of results of auction and to receipt of its guarantee fee according to this Procedure;

20) the certificate of the fisher document, issued by the user of water bioresources to the fisher;

21) regulation of special use of water bioresources - determination of areas, terms of trade, types and parameters of fishing gears, methods of production (catch) of water bioresources, procedure and conditions of establishment of restrictions on production (catch) of water bioresources from fishery water objects (their parts);

22) registration fee amount of means in the amount of, provided by this Procedure, brought by the applicant as payment for registration of the auction participation application for the bank account of the operator;

23) the fisherman person, the getting (catch) of water bioresources determined by the user of water bioresources, directly performing from fishery water object (its part) with which the user of water bioresources signed the employment or civil contract;

24) the collaborator user of water bioresources whose forces, by fishing gears and fishing boats perform pilot catch under the agreement of sub contracting for implementation of pilot catch;

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