of November 9, 2005 No. 206
About approval of Regulations of use and turnover of resources of fishes of sturgeon breeds
For the purpose of ensuring accomplishment of provisions of the document No. 12.2 of the Convention "About International Trade in Types of Wild Fauna and the Wild Flora Which Is under the threat of Disappearance" (CITES) accepted at the 45th meeting of the Standing Committee which is carried out in the city of Paris on June 19-22, 2001, the Resolution No. 12.7 of the specified Parties of the Convention accepted at the 12th conference held in the city of Santiago, Chile on November 3-15, 2003, and Amendments to this Resolution, made at the 13th Conference held in the city of Bangkok, Thailand on October 2-14, 2004 the Cabinet of Ministers of the Azerbaijan Republic decides:
1. Approve Regulations of use and turnover of resources of fishes of sturgeon breeds it (is applied).
2. Charge to the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, to the Ministry of Health, National Academy of Sciences to determine possibilities of implementation of system of identification on the basis of deoxyribonucleic acid (DNA) of products for the purpose of identification of origin of implementable fish products of sturgeon breeds.
Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of November 9, 2005 No. 206
1. These rules determine the legal basis of enhancement of government of preserving, use and inventory turn of fishes of sturgeon breeds in the Azerbaijan Republic and carrying out research works in this area.
2. Regulation of protection, use and inventory turn of fishes of sturgeon breeds is performed on the basis of resolutions of the Convention "About International Trade in Types of Wild Fauna and the Wild Flora Which Is under the threat of Disappearance" (CITES), the Law of the Azerbaijan Republic "About fishery" of March 27, 1998 No. 457-IG, the Presidential decree of the Azerbaijan Republic of May 27, 2002 No. 703 and other corresponding legal acts.
2.1. Ministry of Ecology and Natural Resources of the Azerbaijan Republic:
* participates in regional programs for protection and use of fish and other water bioresources in the Caspian countries;
* prepares and pursues state policy on rational use of inventories of fishes of sturgeon breeds in the sector of the Azerbaijan Republic of the Caspian Sea (lake) and their protection with participation of the executive bodies determined by the legislation of the Azerbaijan Republic;
* makes offers on determination of strategy in connection with protection, use and turnover of fish resources (including black caviar), to enhancement of rules of industrial fishery of fish and other water bioresources and the existing legal acts;
* estimates fish resources of sturgeon breeds for the purpose of determination of their quantitative and high-quality structure, determines limit of use and performs distribution;
* carries out work on carrying out and the organization of catching of fish resources of sturgeon breeds in the research purposes (catching of fish resources of sturgeon breeds in the research purposes is carried out with involvement of the relevant research organizations of National Academy of Sciences of Azerbaijan);
* performs other measures, stipulated by the legislation.
2.2. The relevant state bodies determined by the legislation of the Azerbaijan Republic perform the measures directed to prevention of illicit trafficking in fishes and fish products of sturgeon breeds (including calves).
2.3. In turnover of fishes and fish products of sturgeon breeds (including calves):
* control of sanitary standards and rules and acceptance on the state hygienic registration;
* control of production, packaging, gluing of labels according to requirements standards and certification is performed according to the current legislation.
3.1. Use of fish resources of sturgeon breeds is performed in the following forms:
* conducting catching in the production purposes;
* conducting catching in the research and control purposes;
* conducting catching for the purpose of artificial rybovosproizvodstvo;
* conducting catching for the purpose of acclimatization;
* cultivation of fishes of sturgeon breeds with the commodity purpose.
3.2. The Ministry of Ecology and Natural Resources of the Azerbaijan Republic grants right to use of fish resources of sturgeon breeds in the production purposes to the legal entities and physical persons having own transport, means of catching, production and the overworking equipment, not taking the dominating position in the field.
4.1. The legal entities and physical persons registered in the territory of the Azerbaijan Republic can be engaged in production of fish products of sturgeon breeds according to the procedure, established by the legislation.
4.2. If fish and fish products of sturgeon breeds (including caviar) meet for indicators of quality and safety the requirements of state standard, environmental, sanitary and hygienic standards and rules, are certified in the appropriate order, have the corresponding documentation on origin and also if fish products (including caviar) are processed, packed, on them labels according to regulating documents are pasted, accepted on the state hygienic accounting, they can be put into circulation by the companies having the document on lawful acquisition of fishes and fish products of sturgeon breeds.
Behind turnover of these products (including calves) supervision by the relevant authorized state bodies is exercised and according to their requirement the accompanying documents confirming origin, quality, safety, type and quantity of implementable fishes and fish products shall be submitted.
4.3. If sturgeon roe is packed into primary ware according to requirements for packaging and gluing of labels of foodstuff (the iron, glass and provided by regulating documents other container being in direct contact with caviar) and also if on it the one-time label is pasted (labels which removal and gluing is impossible without their damage) and in case of display to surfaces of the following indicators is put into circulation:
* the number of caviar with indication of type of fish of sturgeon breeds;
* identification product number;
* data on the manufacturing company;
* term and storage conditions of caviar.
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