LAW OF UKRAINE

of July 8, 2011 No. 3677-VI

About fishery, industrial fishery and protection of water bioresources

This Law determines the basic principles of activities and state regulation in the field of fishery, preserving and rational use of water bioresources, procedure for relations between public authorities, local government bodies, and the subjects of managing performing fishing activities in water objects (their parts), internal sea waters and the territorial sea, continental shelf, exclusive (sea) economic zone of Ukraine and the high sea.

Section I General provisions

Article 1. Determination of terms

In this Law the following terms are used in such value:

the paragraph two of Article 1 is excluded according to the Law of Ukraine of 18.09.2012 No. 5293-VI

anadromous species of fish - species of fish which are reproduced in sweet water and perform nagul in sea waters;

reconstruction of water bioresources - natural or artificial (cultivation, resettlement and so forth) renewal of number of water bioresources (retransformation) which decreases in the course of their use or natural death rate;

water bioresources (water biological resources) - set of water organisms (aquatic organisms) which life is impossible without stay (stay) in water. Fresh-water, saltwater, anadromous and catadromous fish at all stages of development, cyclostomous, water invertebrates, including mollusks, Crustacea, worms, erinaceouses, sponges, coelenterates, land invertebrates in water stage of development, alga and other water plants belongs to water bioresources;

aquatic organisms - animals or plants (hydrophytes) having various devices for life in water;

production (catch) - exception of water bioresources from the circle of their stay;

pilot fishing - the generalized name of such types of getting (catch) of water bioresources as research, scientific and industrial, developmental, meliorative fishing;

developmental catching - production (vil) of water bioresources for the purpose of clarification of feasibility of use of fishing gears, fishing boats for trade implementation;

electronic trading system – the two-level information and communication system including the central database and electronic platforms interacting with the central database via the interface of programming of appendices of the central database. The electronic trading system provides possibility of creation, placement, the publication and exchange of information and documents electronically, necessary for holding the auction electronically;

estuary firth – partially closed water weight in the lower watercourse, freely paired to the sea and eating on sweet water from catchment basin;

Single state electronic management system industry of fishery – the nation-wide automated electronic and communication system of ensuring access to information on industry of fishery and its network, providing creation, collection, obtaining, storage, use, distribution, protection, information security, and also electronic interaction between physical persons and legal entities, physical persons – entrepreneurs, subjects of provision public (electronic public) services, including administrative, the centers of providing administrative services for the purpose of obtaining public (electronic public) services in the field of fishery;

cabotage swimming – navigation of fishing boats for implementation of fishing activities within the Azovo-Chernomorsky pool between the ports of Ukraine without calling ports of other states;

catadromous species of fish – species of fish which are reproduced in the sea and perform nagul in sweet waters;

the quota of getting (catch) - the part of general limit of special use of water bioresources intended for subjects of fishery on specific fishery water object (its part) is also determined in full sizes from general limit of special use of water bioresources;

the conventional area – part of the high sea to which action of international treaties of Ukraine for regulation of trade of water bioresources extends;

users of water bioresources are the subjects of fishery performing special use of water bioresources;

limit of special use of water bioresources - the amount of getting (catch) of specific types (groups of types) of water bioresources on the corresponding fishery water object (its part) established for calendar year for the purpose of economical use and prevention of limiting exceeding of amount of exhaustion of inventories of water bioresources. intensively are operated and/or characterized by unsatisfactory condition;

amateur fishery – non-paid extraction (vil) of water bioresources according to the procedure of general use in allowed volumes for personal needs (without sales right) the catching tools determined for this purpose by fishery regulations. In other cases amateur fishery is performed on the right of special use for a fee;

meliorative catching - getting (vil) of water bioresources for the purpose of forming of their optimum specific and age composition or receipt of biological material for artificial reproduction of their inventories and implementation of aquaculture;

monitoring of fishing boats - complex of the interconnected actions of technical, organizational, legal nature for obtaining, the analysis, storage and use of information on fishing boats for the purpose of protection, reproduction and rational use of water bioresources, observance according to international treaties of Ukraine of measures for preserving cross-border fish inventories and inventories of highly migratory fish and management of them in fishery water objects (their parts) out of jurisdiction of Ukraine and exclusive (sea) economic zone of Ukraine, that number means of system of remote control;

sea fish port - the specialized seaport which is the state company with the complex of constructions and infrastructure located in the specially allotted territory and the water area, and intended for servicing of fishing and merchant vessels, loads, and also transportation of goods in the courts belonging to port;

the scientific observer - the research associate of research establishment in the field of fishery who is citizen of Ukraine and goes in coordination with the central executive body realizing state policy in the field of fishery to the fishing boat under National Flag of Ukraine or the vessel of foreign state for the purpose of collection of scientific and industrial data and ensuring accomplishment of provisions of international treaties, which party Ukraine and which establish the requirement of rather international scientific observation during implementation of industrial transactions;

research catching - the getting (vil) of water bioresources performed for scientific needs;

scientific and industrial fishing - getting (vil) of water bioresources for clarification of feasibility of their trade and refining of fishery regulations or the modes of trade or search of concentration of fishes for ensuring effective trade;

illegal fishery - the fishing activities performed: fishing boats in waters under jurisdiction of the state without the permission of this state or with violation of its laws or regulations; fishing boats under the flag of the states which are the contractual parties of the international regional fisheries management organizations performing trade with violation of the measures for preserving and management accepted by these organizations or relevant provisions of international law; fishing boats with violation of the national legal system or international legal obligations, including obligations of the states cooperating within the international regional fisheries management organizations;

not accountable fishery - fishing activities on which the user did not report or submitted doubtful reports to the central executive body realizing the state policy in the field of fishery performed around competence of the international regional fisheries management organizations and on which did not report or submitted doubtful reports with violation of the procedures of submission of the reporting established by such organizations;

non-regulated fishery - the fishing activities performed around competence of the international regional fisheries management organizations by fishing boats without national identity or under the flag of the state which is not the party of this organization or fishing consolidation, the method which is not corresponding or breaking the measures for preserving and management accepted by these organizations, or performed in areas or concerning fish inventories to which measures for preserving and control of fishing boats are not applied by method that contradicts obligations of the state on preserving water bioresources according to international law;

objects of trade - water bioresources of certain type and biological condition concerning which trade, catching, gettings, collection is performed;

protection of water bioresources – system of the legal, organizational, economic, material, educational and other actions directed to preserving, improvement of ecological conditions, reproduction and rational use of water bioresources, ensuring accomplishment of requirements of the legislation by legal entities and physical persons;

conversion of water bioresources - change of primary properties of aquatic organisms using various methods of processing treatment (chilling, freezing, pickles, smoking, drying; processing by preservatives, acids, alkalis or enzymes, physical and chemical, biological, heat treatment, conservation, crushing);

spearfishing – the type of amateur fishery performed according to the procedure of general and special use of water bioresources by free diving (without use of self-contained respiratory units) in water object;

fishery regulations - regulatory legal acts which in certain area of action establish conditions, getting methods, the sizes of water bioresources, admissible to withdrawal, requirements to their protection and also can determine quantity, types, the sizes, engineering characteristics of fishing boats and fishing gears, conditions use of fishery water objects (their parts) and loading on them;

products made from water bioresources - different types of the food, technical, fodder, medical and other products made from water bioresources by residents of Ukraine including on fishing boats under National Flag of Ukraine;

industrial fishery (trade) - type of special use of water bioresources (extraction, acceptance, conversion, storage, transportation, etc., including gasoline supplies, waters, container, food for functioning of fishing boats and their crews) in fishery water objects (their parts), including in the waters which are out of jurisdiction of Ukraine;

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