ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 12, 2008 No. 604

About approval of Rules for apportionment of quotas of production (catch) of water biological resources for the Russian Federation in areas of action of international treaties of the Russian Federation in the field of fishery and preserving water biological resources

According to part 2 of article 31 of the Federal law "About Fishery and Preserving Water Biological Resources" Government of the Russian Federation decides:

Approve the enclosed Rules for apportionment of quotas of production (catch) of water biological resources for the Russian Federation in areas of action of international treaties of the Russian Federation in the field of fishery and preserving water biological resources.

Approved by the Order of the Government of the Russian Federation of August 12, 2008 No. 604

Rules for apportionment of quotas of production (catch) of water biological resources for the Russian Federation in areas of action of international treaties of the Russian Federation in the field of fishery and preserving water biological resources

1. These rules establish procedure for distribution of quotas of production (catch) for water biological resources (further - water bioresources) for the Russian Federation in areas of action of international treaties of the Russian Federation in the field of fishery and preserving water bioresources between the legal entities and individual entrepreneurs performing fishery on the vessels of the fishery fleet belonging to them on the property right or used based on agreements of chartering (bare-boat charter or the time-charter), and registered in the Russian Federation according to the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs" (further - applicants).

The legal entities specified in paragraph one of this Item shall not be under control of the foreign investor, except for case if control of the foreign investor concerning such legal entities is established according to the procedure, provided by the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State".

2. Quotas of production (catch) of water bioresources for the Russian Federation in areas of action of international treaties of the Russian Federation in the field of fishery and preserving water bioresources are distributed between applicants by the conclusion of contracts with them on fixing of shares of quotas of production (catch) of water bioresources (daleedola) for 10 years based on the data of the state fishery register on amount got (caught) applicants water bioresources in 9 years preceding settlement year.

2(1). In the case specified in the subitem "b" of Item 3 of these rules, the Federal Agency for Fishery publishes the legal act about implementation of the decisions made according to international treaties of the Russian Federation in the field of fishery and preserving the water bioresources concerning provision of the Russian Federation of quotas of production (catch) of water bioresources in areas of action of such international treaties and posts it within 1 working day on the official site of Federal Agency for Fishery on the Internet (further - the official site).

3. The applicant applying for fixing behind it of share submits the application which form affirms the Ministry of Agriculture of the Russian Federation to Federal Agency for Fishery, is in writing direct or the mailing or electronically in the form of the electronic document signed by the digital signature or with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)":

a) from August 15 to September 30 settlement year - in case of the expiration of the period of operation of the agreement on fixing which is earlier signed with the applicant of share behind it;

b) within 45 days from the date of placement by Federal Agency for Fishery on the official site of the legal act specified in Item 21 of these rules - in case of provision of the Russian Federation according to the international treaty of the Russian Federation in the field of fishery and preserving water bioresources of quota of production (catch) water bioresource concerning which industrial fishery in areas of action of such international treaty without the conclusion of agreements on fixing of shares was performed earlier.

3(1). In the request the following data are specified:

a) the complete and reduced names, the location, bank details, identification taxpayer number, the primary state registration number, contact telephone number - for the legal entity;

b) surname, name, middle name (in the presence), data of the identity document, the residence, bank details, identification taxpayer number, the insurance number of the individual ledger account in system of mandatory pension insurance, contact telephone number - for the individual entrepreneur;

c) data on availability (absence) of unexecuted obligation on tax payment, charges, penalty fee and tax sanctions which are subject to payment in accordance with the legislation of the Russian Federation;

d) data on the signed agreements on fixing of shares - in the case specified in the subitem "an" of Item 3 of these rules;

e) data on the documents confirming the right to production (catch) of water bioresources in areas of action of international treaties of the Russian Federation in the field of fishery and preserving water bioresources (permission to production (catch) of water bioresources and (or) agreements of use of water bioresources which general admissible catch is not established), in 9 years preceding settlement year - in the case specified in the subitem "b" of Item 3 of these rules;

e) data on stay or not finding of the applicant under control of the foreign investor - for the legal entity;

g) data on the decision of Federal Antimonopoly Service which is drawn up based on the decision of Russian Government Commission on Foreign Investments - for the legal entity if control of the foreign investor concerning such legal entity is established according to the procedure, provided by the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State".

4. The following documents are attached to the request:

a) ceased to be valid;

b) the document confirming powers of the person for implementation of actions on behalf of the applicant (in case of need);

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