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LAW OF UKRAINE

of July 8, 2011 No. 3677-VI

About fishery, industrial fishery and protection of water bioresources

(as amended on 20-09-2019)

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 self-government, and the subjects of managing performing fishing activities in internal water objects of Ukraine, 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;

estuary firth - partially closed water weight in the lower watercourse which is freely paired to the sea and eats sweet water from catchment basin;

cabotage swimming - navigation of vessels of the fleet of fish industry 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;

quota of production (catch) - share of limit of special use of water bioresources which is established for each specific legal entity or physical person and is determined in full sizes or percentage of general limit;

the conventional area - part of the high sea to which action of international treaties of Ukraine concerning 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 (all-admissible catch) the amount of exception of natural environment (catch, production, collection) of specific types of water bioresources on specific water object established on certain period for the purpose of the prevention of exceeding of the forecast of admissible catch;

amateur fishery - free production (catch) of water bioresources according to the procedure of general use, in allowed volumes for personal needs (without sales right) the catch tools established for this purpose by fishery regulations. In other cases amateur fishery is performed on the right of special use;

sea fish port - 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;

illegal fishery - fishing activities which are performed: fishing vessels in waters under jurisdiction of the state without the permission of this state or with violation of its laws or regulations; fishing vessels 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 vessels with violation of the national legal system or international legal obligations, including the obligation of the states cooperating within the international regional fisheries management organizations;

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

unregulated fishery - fishing activities which are performed around competence of the international regional fisheries management organizations by fishing vessels without national identity or under the flag of the state which is not the party of this organization or fishing consolidation, method which does not correspond or breaks the measures for preserving and management accepted by these organizations or is performed in areas or rather fish inventories concerning which measures from preserving and control of fishing vessels are not applied by the method contradicting 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, catch, production, 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, reconstruction 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, disassembly and so forth);

fishery regulations - regulatory legal acts which in certain area of action establish conditions, production methods, the sizes of water bioresources, admissible in withdrawal, requirements concerning their protection and also can determine quantity, types, the sizes, engineering characteristics of vessels of the fleet of fish industry and tools of catch, condition of use of fishery water objects and loads of them;

the forecast of admissible catch - possible amount of catch of water bioresources in fishery water object or the fishing area for trade season which is determined by the central executive body realizing state policy in the field of fishery based on scientific and biological reasons and can change (to be specified) during implementation of trade on the basis of results of new scientific research about inventory condition of water bioresources;

products of trade of the Ukrainian origin - different types of the food, technical, fodder, medical and other products developed from water bioresources by residents of Ukraine including on vessels of the fleet of fish industry under National Flag of Ukraine;

commercial fishery (trade) - type of special use of water bioresources (withdrawal, acceptance, conversion, storage, transportation, and so forth, including supply of fuel, water, container, food for functioning of vessels of the fleet of fish industry and their crews) in fishery water objects (their parts), including in the waters which are outside jurisdiction of Ukraine;

the fishing area - fishery water object (its part) in which trade of water bioresources is carried out;

the trade mode - the set of requirements and rules established on certain period which specify supplement or cancel fishery regulations for optimization of quantitative and specific structure of water bioresources in certain water object (its part);

the mode of fishery operation of water object - the set of requirements, conditions and actions for amounts of works for reconstruction of water bioresources established for the corresponding term for their to age and specific characteristics, terms of fishing, types and the number of tools and means of fishing, amounts of withdrawal, regulation of amateur and sports fishery, prudent use of water bioresources of fishery water object (its part);

fishery - production of water bioresources in fishery water objects;

fishery - industry of economy which tasks is studying, protection, reconstruction, cultivation, use of water bioresources, their withdrawal (production, catch, collection), realization and conversion for the purpose of receipt of food, technical, fodder, medical and other products, and also safety of seaworthiness of vessels of the fleet of fish industry;

fishing activities - the activities of legal entities and physical persons entrepreneurs connected with studying of water bioresources, their protection, reconstruction, special use, conversion, realization, and so forth;

fishery water object (its part) - water object (its part) which is used or can be used for the purposes of fishery;

fishery water objects outside jurisdiction of Ukraine - exclusive (sea) economic zones of foreign states, conventional areas and the high sea in which withdrawal (production, catch, collection) water bioresources is performed according to requirements of the legislation of the coastal states and international treaties of Ukraine;

rybopriyemny Item - specially certain place for accounting of the withdrawn water bioresources and products from them;

the fishery vessel (watercraft) - the vessel which is used for fishery implementation, including the vessel, for acceptance, conversion, overload, transportation, storage of catch of water bioresources and products of their conversion, and also for gasoline supplies, waters, food, container and other materials;

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