ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 12, 2008 No. 602

About approval of Rules of holding auctions for sale of the right to the conclusion of the agreement on fixing of shares of quotas of production (catch) of water biological resources and (or) the agreement of use of water biological resources

According to article 38 of the Federal law "About Fishery and Preserving Water Biological Resources" Government of the Russian Federation decides:

1. Approve the enclosed Rules of holding auctions for sale of the right to the conclusion of the agreement on fixing of shares of quotas of production (catch) of water biological resources and (or) agreements of use of water biological resources.

2. This resolution becomes effective from the date of its official publication.

Approved by the Order of the Government of the Russian Federation of August 12, 2008 No. 602

Rules of holding auctions for sale of the right to the conclusion of the agreement on fixing of shares of quotas of production (catch) of water biological resources and (or) agreements of use of water biological resources

I. General provisions

1. These rules establish procedure for the organization and holding the auction selling the right to the conclusion of the agreement on fixing of shares of quotas of production (catch) of water biological resources (further respectively - water bioresources, the agreement on fixing of shares) and (or) agreements of use of water biological resources (further respectively - the agreement of use of water bioresources, auction).

2. Auction subject (lot) is the right to the conclusion of the agreement on fixing of shares and (or) agreements of use of water bioresources in case:

a) the terminations of the right to production (catch) of water bioresources under the agreement between person to which water bioresources are provided in use (further - the user), and authorized body of the government;

b) the terminations of the right to production (catch) of water bioresources in case of refusal of the user of the right to their production (catch);

c) the terminations of the right to production (catch) of water bioresources in connection with liquidation of the user - the legal entity or in connection with the death of the user citizen;

d) the forced termination of the right to production (catch) of the water bioresources carried to objects of fishery in connection with emergence of need of use of water objects for the state needs;

e) the forced termination of the right to production (catch) of water bioresources in connection with production (catch) of water bioresources within 2 years in a row of less than 70 percent of quota of the production (catch) of water bioresources distributed to person performing industrial fishery and (or) inshore fishing, except as specified:

emergence of emergency situations as a result of which production (catch) of water bioresources within year is performed of less than 70 percent of the distributed general admissible catch in relation to the corresponding quota of production (catch) of water bioresources;

establishments of the restrictions of fishery provided by Items 1 and 2 of part 1 of article 26 of the Federal law "About Fishery and Preserving Water Biological Resources" as a result of which concerning the corresponding quota of production (catch) of water bioresources production (catch) of water bioresources within year is performed of less than 70 percent of the distributed general admissible catch in relation to such quota of production (catch) of water bioresources;

e) the forced termination of the right to production (catch) of water bioresources in connection with violation by person having the right to production (catch) of water bioresources within calendar year of 2 or more times corrected fisheries therefore the major damage to water bioresources estimated according to article 53 of the Federal law "About Fishery and Preserving Water Biological Resources" was caused;

g) the forced termination of the right to production (catch) of water bioresources in connection with non-realization by person having the right to production (catch) of water bioresources, deliveries of catch of water bioresources in the seaports of the Russian Federation or other delivery locations determined in accordance with the established procedure;

h) the forced termination of the right to production (catch) of water bioresources in connection with the termination by person having the right to production (catch) of water bioresources for 48 hours and more within calendar year of operation of technical means of control, the stipulated in Article 43(4) Federal Laws "About Fishery and Preserving Water Biological Resources", without carrying out in accordance with the established procedure coordination;

i) implementation of production (catch) of types of water bioresources concerning which industrial fishery and (or) inshore fishing, or water bioresources in new areas of their production (catch) were not performed earlier;

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