ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 5, 2012 No. 1141

About approval of Rules of use of fishery reservoirs and (or) sites for development of aquaculture

According to subitem 24-11) of article 8 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of use of fishery reservoirs and (or) sites for development of aquaculture.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of September 5, 2012 No. 1141

Rules of use of fishery reservoirs and (or) sites for development of aquaculture

1. General provisions

1. These rules of use of fishery reservoirs and (or) sites (further - Rules) are developed for development of aquaculture according to subitem 24-11) of article 8 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" and establish procedure for use of fishery reservoirs and (or) sites for development of aquaculture.

2. In these rules the following concepts are used:

1) aquaculture - artificial reproduction and cultivation of fish resources and other water animals;

2) stocking of reservoirs - release of fish stock and fish in reservoirs and (or) sites for the purpose of creation of self-replicating populations, preserving valuable, rare and endangered species of fishes and (or) receipt of products;

3) lake and commodity fish-breeding economy (further - OTRH) - the economy which is engaged in improvement of fishery use of reservoirs by complete or partial replacement of fish fauna in them due to catching of economic and invaluable fish, installation, cultivation and the subsequent catch in them valuable species of fish;

4) cage fish-breeding economy - the economy specializing in cultivation of products in cages;

5) the user - the physical and (or) legal entity to whom according to Rules of carrying out tender on fixing of fishery reservoirs and (or) sites and the qualification requirements imposed to participants of tender, approved by the order of the Government of the Republic of Kazakhstan of February 4, 2005 No. 102, the fishery reservoir and (or) the site are assigned;

6) territorial subdivisions - territorial subdivisions of Committee of fishery of the Ministry of environmental protection of the Republic of Kazakhstan.

2. Procedure for use of fishery reservoirs and (or) sites for development of aquaculture

3. For the purpose of development of aquaculture are used:

1) certain lakes, technical water storage basins, the cut-off gulfs of the seas, the rivers and water storage basins, other separate reservoirs of local value for creation of OTRH;

2) sites of reservoirs of the international and republican values for creation of cage farms.

4. The user on the initiative can use fishery reservoirs and (or) sites in the form of OTRH and cage economy by transfer of reservoir and (or) the site into use of fishery reservoirs and (or) sites for development of aquaculture in the presence of biological reasons.

5. For transfer of reservoir and (or) the site into use them for development of aquaculture the user submits the following documents to territorial subdivision:

1) the statement in form, according to appendix 1 to these rules;

2) biological reasons for development of aquaculture;

3) the plan of maintaining fishery with the list of preparatory work on creation of economy of aquaculture (further - the plan).

6. The territorial subdivision within five working days considers the arrived documents, stipulated in Item 5 these rules, and sends for consideration the commissions under regional executive body which made fixing of this reservoir to the user (further - the commission).

7. In case of representation of unreliable information and incomplete document package, the territorial subdivision gives written motivated refusal to the user in the terms specified in Item 6 of these rules.

In case of elimination of inaccuracies and shortcomings in the terms specified in Item 6 of these rules, the user provides documents in territorial subdivision.

8. The commission within five working days considers the provided materials and draws up the certificate of completion of works on transfer of reservoir and (or) the site on operation in the form of OTRH or cage fish-breeding economy in form, according to appendix 2 to these rules (further - the act of completion), and directs it in territorial subdivision for the conclusion of the usage agreement of fishery reservoir and (or) the site for development of aquaculture (further - the agreement) constituted according to the Standard agreement about use of fishery reservoir and (or) the site for development of aquaculture in form according to appendix 3 to these rules.

9. The basis of use by the user of reservoir and (or) the site for development of aquaculture are:

1) act of completion;

2) agreement.

10. In the reservoirs and (or) its separate parts having communication with fishery basin, stocking is allowed only by species of fish which are found in natural reservoirs of this region, and also acclimatized, introduktsirovanny, reintroduktsirovanny.

11. The irrigating systems having communication with reservoir are used in coordination with the owner for podrashchivaniye of juveniles of fishes for the purpose of receipt of fish stock, and also for cultivation of commodity fish in the presence on it biological reasons.

12. It is not allowed to organize cage farms on the reservoirs and (or) sites used as sources of drinking water for the population.

13. For the purpose of prevention of negative influence of cage farms on reservoir the area of cages in reservoir shall not exceed 0,1 of % of the area of all reservoir.

Appendix 1

to Rules of use of fishery reservoirs and (or) sites for development of aquaculture

The statement on transfer of fishery reservoirs and (or) sites into operation in the form of OTRH or cage economy for development of aquaculture

1. User (name of the company, F.I.O.)________________________________

__________________________________________________________________________________

2. Details пользователя_________________________________________________________

3. Borders, site coordinates, its area, hectare ___________________________________

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