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 fresh water and perform нагул in sea waters;

reproduction of water bioresources - natural or artificial (cultivation, resettlement and so forth) recovery 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, sea, anadromous and catadromous fishes at all stages of development, cyclostomous, water invertebrates, including mollusks, Crustacea, worms, erinaceouses, sponges, coelenterates, land invertebrates in water stage treat water bioresources;

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

withdrawal (catch) - extraction of water bioresources from the circle of their dwelling;

pilot catching - the generalized name of such types of production (catch) of water bioresources as research, scientific and trade, developmental, meliorative catching;

developmental catching - production (catch) of water bioresources for the purpose of clarification of feasibility of use of tools of fishing, 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 reservoir in the lower watercourse which is freely connected to the sea and fed by fresh 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, the providing creation, collection, obtaining, storage, use, distribution, protection, information security, and also electronic interaction between physical persons and legal entities by provision public (electronic public) services, including administrative, the centers of provision of 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 нагул in fresh waters;

quota of production (catch) - the part of general limit of special use of water bioresources intended for subjects of fishery on specific fishery water object (its part) and 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 production (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 careful use and prevention of limiting exceeding of amount of stock depletion of water bioresources;

amateur fishery - uncompensated taking (catch) of water bioresources according to the procedure of general use in allowed volumes for personal needs (without sales right) the fishing tools determined for this purpose by rules of fishery. In other cases amateur fishery is performed on the right of special use for a fee;

meliorative catching - production (catch) 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 water bioresources in internal sea waters, the territorial sea, waters under jurisdiction of Ukraine and in exclusive (sea) economic zone of Ukraine, including 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 the citizen of Ukraine and directed 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 trade data and ensuring accomplishment of international treaties of Ukraine by means of observation during implementation of trade transactions;

research catching - the production (catch) of water bioresources performed for scientific needs;

scientific and trade catching - production (catch) of water bioresources for clarification of feasibility of their trade and refining of rules of fishery or the modes of trade or search of concentration of fish 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 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 procedures of submission of the reporting;

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 to which such measures 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, catching, production, collection is performed;

protection of water bioresources - system of the legal, organizational, economic, material, educational and other actions directed to preserving, improvement of living 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 different methods of technological processing (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;

rules of fishery - regulatory legal acts which in certain area of action establish conditions, production methods, the sizes of water bioresources, admissible to withdrawal, requirements for their protection and also can determine quantity, types, the sizes, technical characteristics of fishing boats and tools of fishing, condition of use of fishery waters;

the paragraph is excluded;

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 (withdrawal, acceptance, conversion, storage, transportation and so forth, including supply of fuel, water, container, food for functioning of fishing boats and their crews) in fishery water objects (their parts), including in waters 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 the requirements and rules specifying, supplementing or canceling rules of fishery for optimization of quantitative and specific structure of water bioresources in certain water object (its part) established on certain period;

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

fishery - production (catch) of water bioresources in fishery water objects (their parts);

fishery - industry of economy which tasks are studying, protection, reproduction, 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;

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

fishery water object (its part) - the water object (its part) used or able to 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 - the capacity intended for accounting which is specially located and equipped according to the requirements established by the legislation of the got (caught) water bioresources and products from them both conforming to veterinary health requirements and got operational permission to implementation of economic activity;

the fishing boat - the specialized freighter equipped for implementation of industrial fishery and pilot catching, cabotage swimming, the training or other specialized freighter used for implementation of fishing activities, protection of water bioresources including the vessel for acceptance, conversion, overload, transportation, storage of catch, delivery of fuel, water, food, container and other materials;

system of remote control of fishing boats - the electronic communication system providing collection, processing, storage of information on identification and the location of fishing boats, including with use of components of satellite or other electronic and navigation systems, in fishery water objects (their parts), internal sea waters, exclusive (sea) economic zone and on the continental shelf of Ukraine, in the high sea, in the action area of international agreements on fishery and in exclusive economic zones of foreign states and being component of the Single state electronic management system industry of fishery;

special commodity fishery - the activities including complex of actions which main objective is increase in ryboproduktivnost of fishery water object (its part) by artificial reproduction of water bioresources, and also by preserving and rational use of types of the water bioresources which were earlier in fishery water object;

sports fishery - the type of amateur fishery performed according to the procedure of general use and special use of water bioresources with establishment of certain requirements to holding sports competitions or qualification standard rates;

the subject of fishery - the legal entity or the physical person - the entrepreneur performing fishing activities according to the legislation;

catch - set of the got water bioresources in quantitative, weight and specific measurements.

The term "capacity" is used in this Law in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff".

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