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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 30, 2013 No. 800

About approval of the Approval procedure on special use of water bioresources outside jurisdiction of Ukraine or refusal in its issue, renewals, issues of the duplicate and cancellation of the specified permission

(as amended on 09-12-2021)

According to article 24 of the Law of Ukraine "About fishery, industrial fishery and protection of water bioresources" the Cabinet of Ministers of Ukraine decides:

Approve the Approval procedure on special use of water bioresources outside jurisdiction of Ukraine or refusal in its issue, renewals, issues of the duplicate and cancellation of the specified permission, it is applied.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 30, 2013, No. 800

Approval procedure on special use of water bioresources outside jurisdiction of Ukraine or refusals in its issues, renewals, issues of the duplicate and cancellation of noted permission

1. This Procedure determines the procedure of issue to subjects of managing of permission to special use of water bioresources outside jurisdiction of Ukraine (further - permission) or refusal in its issue, renewal, issue of the duplicate and cancellation of permission.

Issue (refusal in issue, renewal, issue of the duplicate, cancellation) permissions is performed according to the Law of Ukraine "About authorization system in the field of economic activity".

2. Permission is the document which certifies the right of the subject of managing to perform special use of water bioresources outside jurisdiction of Ukraine with observance of the regulations provided by international treaties of Ukraine, the legislation of the corresponding foreign states or the international organizations on management of fishery.

Permission is issued by Gosrybagentstv on each fishing boat in the Ukrainian and English languages. Upon the demand of the coastal state in which waters special use of water bioresources by the fishing boat under National Flag of Ukraine shall be performed except English, other foreign language acceptable for control facilities of such state can be used.

Permission is onboard the vessel.

3. The subject of managing for receipt of permission gives:

the statement in time at least 30 calendar days prior to the beginning of trade season in regions of responsibility of the international organizations on management of fishery which member is Ukraine, or the trade terms provided by the decision of competent authorities of the coastal state on allocation of quota of catch;

data on fishing tools in case of the requirement of the international organization for management of fishery or the coastal state in which waters it is going to perform fishery on the fishing boat under National Flag of Ukraine, namely: the size of cell of the setny tool of fishing, feature of design to trawl (pelagic, ground, bliznyukovy, rope), constructional features of traps, the hook size in case of level trade which are required the international organizations on management of fishery during implementation of measures for preserving;

verified copies of the documents confirming property rights of the subject of managing on own or leased fishing boats registered in the procedure (the certificate on the property right to the fishing boat, the lease agreement or the agreement of chartering) established by the legislation;

the verified copy of the certificate on the swimming right under National Flag of Ukraine;

the verified copy of the certificate on suitability to swimming;

verified copy of the classification certificate;

the verified copy of the document on establishment of system of remote monitoring that conforms to requirements of the legislation of Ukraine and gives opportunity of tracking of line item of the fishing boat as the Center of remote monitoring that Gosrybagentstva, and systems of centralized monitoring of the international organizations on management of fishery treats the management sphere.

Copies of the specified documents and certificates are certified by the subject of managing;

other documents according to the regulations provided by international treaties of Ukraine, the legislation of the corresponding foreign states or the international organizations on management of fishery in which waters special use of water bioresources by the fishing boat under National Flag of Ukraine shall be performed.

4. Permission is issued for the term which cannot exceed 12 calendar months, in form according to appendices 1 and 2.

5. Permission or the written notice of refusal in its issue are issued within 30 calendar days from the date of approval of the order Gosrybagentstva on distribution of the rights to special use of water bioresources outside jurisdiction of Ukraine.

Permission is issued on a grant basis.

6. The basis for refusal in issue of permission are:

untimely representation by the subject of managing of document package, necessary for receipt of permission;

representation by the subject of managing of incomplete document package, necessary for receipt of permission;

identification in the documents submitted by the subject of managing, false information;

inclusion of the fishing boat in the list of the courts involved in illegal fishery.

7. The basis for cancellation of permission is:

the address of the subject of managing with the plea of nullity of permission;

termination of the subject of managing legal entity (merge, accession, separation, transformation or liquidation);

termination of business activity of the subject of managing physical person;

factual determination of provision in the statement and documents of unreliable information attached to it;

violation by the fishing boat of rules and modes of trade;

violation by the fishing boat of requirements of the legislation in the field of protection, use and reproduction of water bioresources, international treaties of Ukraine;

inclusion of the fishing boat in the list of the courts involved in illegal fishery;

purposeful trade of water bioresources which falls under operation of the moratorium or prohibition of use of water bioresources which are established by the corresponding international treaties of Ukraine and the international competent authorities;

use by the fishing boat of the prohibited fishing tools;

purposeful damage of the ship equipment that makes impossible implementation of remote control of the fishing boat;

falsification or concealment of identification marks, name or port of registration of the fishing boat;

expiration of ship's papers.

The decision on cancellation of permission is issued to the subject of managing personally or Gosrybagentstva goes the mailing with the inventory of attachment no later than five working days from the date of the publication of the relevant order. Permission is terminated in 15 working days from the date of decision making about its cancellation.

The decision on cancellation of permission can be appealed judicially.

8. The bases for renewal of permission are:

change of the name of the subject of managing - the legal entity or surname, name, middle name of the subject of managing - physical person;

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