of October 16, 2013 No. 313-O
About approval of Traffic rules of water transport during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery
According to the subitem 21) Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna", PRIKAZYVAYU:
1. Approve the enclosed Traffic rules of water transport during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery, according to appendix to this order.
2. Declare invalid the order of the Minister of Agriculture of the Republic of Kazakhstan of March 19, 2010 No. 184 (registered in the Register of state registration of regulatory legal acts No. 6188, No. 135 published in the Kazakhstanskaya Pravda newspaper of June 1, 2010 (26196)).
3. To provide to committee of fishery of the Ministry of environmental protection of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication.
3. To impose control of execution of this order on the supervising Vice-minister of environmental protection of the Republic of Kazakhstan.
Approved by the Order of the Minister of environmental protection of the Republic of Kazakhstan of October 16, 2013 No. 313-O
1. These rules are developed according to the subitem 21) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" and determine procedure for water traffic during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery (further - Rules).
2. Action of these rules extends to all fishery reservoirs, except for stores of drain waters, reservoirs of fish nurseries, reservoirs spawning and growing, reservoirs of pond and lake and commodity farms, and also other artificial reservoirs used for cultivation of fishes and other water animals.
3. In these rules the following concepts are used:
1) the vessel - the vessel of internal water swimming, the self-propelled or non-self-propelled floating construction used for the purpose of navigation including the swimming vessel "river sea", the ferry boat, the vessel of the technical fleet (dredging and dnoochistitelny shells, the floating crane and other technical constructions of this sort) which are under technical observation of the Shipping register;
2) authorized state body in the field of protection, reproduction and use of fauna (further - authorized body) - the central actuator performing management in the field of protection, reproduction and use of fauna and also within the powers cross-industry coordination.
4. Water traffic are performed taking into account exception of rendering negative impact on environment and conditions of dwelling of fishes and other water animals.
5. For the purpose of preserving objects of fauna and decrease in negative impact on fish inventories during their spawning migration, it is not allowed:
1) work on dredging and dnoochishcheniye;
2) movement of swimming means with the unregistered and unmarked serial numbers;
3) driving motor boats, motor boats and other courts with the switched-on motors in the designated places of spawning areas of fishes during their reproduction and places of mass nesting of waterfowl;
6. Requirements of subitems 3) and 4) of Item 5 of these rules do not extend to the vessels performing the scientific research on vessels performing wreckings, protection of fish resources and other water animals, and also the state control and supervision in the field of protection, reproduction and use of fauna.
7. For creating favorable conditions for spawning of fish and other water animals, on fishery reservoirs movement of courts, the undersized fleet and other water vehicles regardless of their accessory, since the beginning of the announcement of the spawning period and before its termination by establishment of restrictions of operation of courts and the number of shipments of courts is limited.
8. During the spawning period the following restrictions to operation of courts are set:
1) the rotational speed of propeller of courts shall not exceed 1000 rpm;
Capacity of suspended motors of courts for physical persons as personal property 20 horsepowers shall not exceed 2) (further - h.p.); for egersky services of the subjects of fishery performing protection on the fixed fishery reservoirs and (or) sites - no more than 40 h.p.; and capacity of stationary engines - no more than 100 h.p.; for implementation of research works - suspended motors no more than 55 h.p., stationary motors no more than 150 h.p.; for authorized state bodies in the field of protection, reproduction and use of fauna (authorized state body in the field of protection, reproduction and use of fauna and authorized state body in the field of emergency situations of natural and technogenic nature), divisions of nature protection police of departments of internal affairs, authorized body in the field of transport control without restriction.
9. Restriction of number of shipments of courts during spawning is performed by provision to shipowners and boatmasters of approval of the mode of navigation during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery, in form according to appendix 1 to these rules.
10. The statement for approval of the mode of navigation during the spawning period, forbidden for fishery, and also in reservoirs and (or) sites, forbidden for fishery (further - the application) is submitted by means of the web portal of "the electronic government" (further - the portal) in electronic form in form according to appendix 2 to these rules in which the following data are reflected:
1) name and technical parameters of the vessel (length, width, draft);
2) surname, name and middle name (in case of its availability) physical person, the boatmaster (captain) and the name of the legal entity of the shipowner;
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