Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 9, 2004 No. 593-II

About protection, reproduction and use of fauna

(as amended on 01-04-2021)

This Law governs the public relations in the field of protection, reproduction and use of fauna and is aimed at providing conditions of preserving fauna and its biological diversity, steady use of objects of fauna for the purpose of satisfaction of ecological, economic, esthetic and other needs of the person taking into account interests present and future generations.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

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

2) the notice - the sign specifying the name and borders of hunting farms, reproduction sites and zones of rest, fishery reservoirs and (or) sites, and also terms and places, forbidden for hunting and fishery;

3) the hunter - the physical person who acquired the right to hunting according to the procedure, established by the legislation of the Republic of Kazakhstan;

4) the certificate of the hunter - the document of the established form certifying the right of physical person to hunting;

5) reserve fund of hunting grounds and fishery reservoirs and (or) sites - the hunting grounds and fishery reservoirs and (or) sites which are not assigned to users fauna;

6) hunting minimum (further - охотминимум) - the special short course of the training program considering questions of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna, safe engineering when hunting which knowledge is the compulsory provision for certification of the hunter;

7) national breed of hunting dogs - breed Tazy, tobt, removed in the territory of the Republic of Kazakhstan by national selection and traditionally applied on amateur (sports) hunting;

8) hunting trophy - animal (except fish resources and other water animals), its parts and derivatives withdrawn from the habitat according to the procedure, established by the legislation of the Republic of Kazakhstan;

9) hunting economy - type of economic activity on steady use of objects of fauna in hunting grounds, to preserving the habitat of fauna, their protection and reproduction;

10) category of hunting economy - unit of classification separation of hunting farms on signs of productivity of hunting grounds, nature of security and reproduction actions appropriated to hunting farms based on intereconomic okhotoustroystvo;

11) the subject of hunting economy - the physical person or legal entity conducting hunting economy on the fixed hunting grounds according to the procedure, established by the legislation of the Republic of Kazakhstan;

12) internal regulations of hunting economy - the document establishing the procedure for carrying out hunting by physical person in the territory of hunting economy including regulation of production of animals, the price list of the prices of the rendered services;

13) lovchy bird of prey - eagle, falcon, hawk and other types of birds of prey used on hunting;

14) fishery - fishing of fish resources and other water animals;

15) the fisher - the physical person who acquired the right to amateur (sports) fishery according to the procedure, established by the legislation of the Republic of Kazakhstan;

16) fishing trophy - object of fish resources and other water animals, their parts and derivatives withdrawn from the habitat according to the procedure, established by the legislation of the Republic of Kazakhstan;

16-1) fish stock - larvae, juveniles, fingerlings and other age groupes of fishes depending on fish breeding object intended for stocking of reservoirs;

17) the period of reproduction of fishes - period of time during which there is spawning of fishes of this or that type;

18) the certificate of catch origin - the document established by authorized body confirming origin of the fish resources and other water animals got on fishery reservoirs and (or) sites or which are grown up in fish-breeding farms;

19) the fish-protecting device - the device for prevention of hit of fish resources and other water animals in water intaking and waste constructions;

20) zamor - the mass death of fish resources and other water animals caused by violation of hydrochemical and other modes of reservoir and (or) the site;

21) zamoroopasny reservoir and (or) the site - the fishery reservoir and (or) the site subject to periodic zamor;

22) migration of fishes - mass movement of fishes from one habitat in another;

23) fish breeding - the direction of aquaculture on artificial reproduction and cultivation of fishes for the purpose of business activity;

24) fish resources and other water animals - general set of all animals living in the water circle;

25) the basin principle of public administration by fish resources and other water animals (further - the basin principle) - the single system of management of fish resources and other water animals in fishery reservoirs and (or) sites taking into account features of reproduction and migration of fish resources and other water animals applied by authorized body in the field of protection, reproduction and use of fauna irrespective of administrative-territorial division;

26) fishery - the type of economic activity connected with protection, reproduction, aquaculture, fish breeding, fishery, and also conversion and realization of fish resources and other water animals;

27) certification of fishery reservoirs and (or) sites - complex of actions for delimitation of fishery reservoirs and (or) sites, their areas, condition, specific structure of the fish resources and other water animals made before fixing of fishery reservoirs and (or) sites;

28) the subject of fishery - physical person and legal entity which main activity is maintaining fishery;

28-1) fishery technological reservoir - artificially created reservoir (pond, the fish-breeding pool) intended for creation of conditions of cultivation of objects of aquaculture which is filled with water by means of hydraulic engineering constructions or devices;

29) No. 73-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 15.06.2017;

30) the fisherman - the worker of the subject of fishery performing owing to the labor obligations fishing of fish resources and other water animals on the fixed fishery reservoirs and (or) sites;

31) the certificate of the fisherman - the document of the established form issued by the subject of fishery, certifying the right of physical person to implementation of functions of the fisherman;

32) biological reasons - the evidence-based conclusion on use of fauna, determination of admissible amount of withdrawal of objects of fauna, and also on the activities capable to affect objects of fauna and the circle of their dwelling;

33) derivative - derivative animal and products made from it and its derivative;

34) dicherazvedeniye - animal husbandry, being subject to hunting, subjects of hunting economy;

35) animals are the wild animals (mammals, birds, reptiles, Amphibia, fishes, mollusks, insects and others) who are in condition of natural freedom on the land in water, the atmosphere and the soil;

36) part of animal (further - part) - the fragment of body of animal allowing to identify its type;

37) hybridization of animals - crossing of individuals of different types or breeds of animals for the purpose of receipt of individuals with the useful signs or properties best hozyaystvenno;

38) fauna - set of animals, constantly or temporarily living in the territory of the Republic of Kazakhstan, and also belonging to natural resources of the continental shelf and exclusive economic zone of the Republic of Kazakhstan;

39) withdrawal of objects of fauna - extraction (getting, fishing, shooting, collection, fight) from the habitat of the animals living in condition of natural freedom, their parts and derivatives based on permission to use of fauna;

40) artificial cultivation of objects of fauna - content and cultivation of animal species in bondage and (or) semi-free conditions, including lake and commodity fish-breeding farms, cage fish-breeding farms, pond fish-breeding farms and fish-breeding farms with the closed water supply cycle;

41) protection of fauna - the activities directed to preserving fauna, the circle its dwelling and biological diversity, steady use and reproduction of objects of fauna, and also complex of actions for prevention and fight against offenses in the field of protection, reproduction and use of fauna;

42) authorized state body in the field of protection, reproduction and use of fauna (further - authorized body) - the central executive body performing management in the field of protection, reproduction and use of fauna and also within the powers cross-industry coordination;

43) the state control in the field of protection, reproduction and use of fauna - activities of authorized body, department and its territorial subdivisions for check and observation of the checked subjects regarding compliance of their activities to the requirements established by the legislation of the Republic of Kazakhstan during implementation and by results of which measures of right restrictive nature without rapid response can be applied;

44) the state supervision in the field of protection, reproduction and use of fauna - activities of authorized body, department of authorized body and its territorial subdivisions for check and observation of observance by the checked subjects of requirements of the legislation of the Republic of Kazakhstan, during implementation and by results of which measures of right restrictive nature, including rapid response can be applied;

45) steady use of fauna - use of objects of fauna by the methods which are not leading to depletion of specific variety of fauna and keeping its capability to reproduction and requirements satisfaction present and future generations;

46) use of fauna - use of fauna objects, their parts, derivatives and useful properties with withdrawal or without withdrawal from the habitat;

47) permission to use of fauna - the document of the established form granting the right to physical persons and legal entities on use of fauna, and also on export and realization of the got objects of fauna, their parts and derivatives, including hunting and fishing trophies;

48) users fauna - physical persons and legal entities which according to this Law are granted right to use by fauna;

49) inevitable harm to fauna - the residual, not prevented by preventive measures harm done and (or) caused to fauna or the circle of its dwelling with adverse effect of the factors which are formed as a result of climatic and anthropogenous impact;

50) biological diversity of fauna - variety of objects of fauna within one type, between types and variety of ecological systems;

51) the habitat of fauna - the environment in which objects of fauna live in condition of natural freedom;

52) protection of the habitat of fauna - the activities directed to preserving or recovery of conditions of steady existence and reproduction of objects of fauna in condition of natural freedom;

53) fauna object - individual or population of animals;

54) introduction of animals - deliberate or accidental distribution of individuals of animal species out of limits of areas (the fields of distribution) to places, new to them, where earlier these types did not live;

55) reintroduction of animals - deliberate resettlement of individuals of animal species to former habitats;

56) reproduction of animal species - natural reproduction of animal species in nature and their artificial cultivation;

57) No. 73-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 15.06.2017;

58) the permit - the document (one-time or seasonal) issued to physical person for visit of the fixed hunting grounds and (or) fishery reservoirs and (or) sites for the purpose of getting of objects of fauna;

59) zoological collection - the meeting of effigies, eggs, cryotinned gametes, medicines and parts of objects of fauna, fauna objects, including wild animal zoos, zoos, circuses, zoological nurseries, aquariums, oceanariums representing scientific, cultural and educational, teaching and educational and esthetic value;

59-1) icthyological observations - collection and studying of data on condition of fish fauna of fishery reservoir;

60) fish fauna - set of species of fish and Cyclostoma of any reservoir or its part;

60-1) trade effort - the amount of the production operations which are directly directed to production of fish resources and other water animals, including including the admissible number of tools and technical means of fishing, watercrafts, fishermen on the fixed fishery reservoirs and (or) sites for conducting trade fishery;

60-2) trade effort - the amount of the production operations which are directly directed to production of fish resources and other water animals, including including the admissible number of tools and technical means of fishing, watercrafts, fishermen on the fixed fishery reservoirs and (or) sites for conducting trade fishery;

61) trade inventory - population or steady in time spatially the isolated its part having independent trade value;

62) pril - the part of catch consisting of individuals of the species of fish and other water animals who are not specified in permissions and (or) fishes below the established trade sizes;

62-1) lake and commodity fish-breeding economy - type of economic activity on cultivation of fishes and other water animals in semi-free controlled conditions by complete or partial replacement of fish fauna in natural and artificial reservoirs;

63) cryotinned gametes - samples of gametes (gametes), embryos and different tissues of the animals who are in condition of low-temperature and other form of preservation, their uses giving further the chance for the purpose of receipt of posterity, allocation of genomes or for other scientific research;

63-1) rice check - the parcel of land for cultivation of rice or other cultures which is filled in with water which can be used for cultivation of fish;

64) the huntsman - specially authorized person of egersky service performing protection of fauna on the fixed hunting grounds and fishery reservoirs and (or) sites;

65) the certificate of the huntsman - the document of the established form certifying the huntsman's rights;

66) egersky service - the structural division of subjects of hunting and fish farms performing functions of protection of fauna on the fixed hunting grounds and fishery reservoirs and (or) sites;

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