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It is registered

Ministry of Justice

Russian Federation

On December 12, 2014 No. 35149

ORDER OF THE MINISTRY OF AGRICULTURE OF THE RUSSIAN FEDERATION

of November 10, 2014 No. 437

About approval of the Procedure of fishery for the purpose of aquaculture (fish breeding)

(as amended of the Order of the Ministry of Agriculture of the Russian Federation of 08.02.2016 No. 47)

According to article 23 of the Federal Law of December 20, 2004 No. 166-FZ "About fishery and preserving water biological resources" (The Russian Federation Code, 2004, No. 52, Art. 5270; 2006, No. 1, Art. 10; No. 23, Art. 2380; No. 52, Art. 5498; 2007, No. 1, Art. 23; No. 17, Art. 1933; No. 50, Art. 6246; 2008, No. 49, Art. 5748; 2011, No. 1, Art. 32; No. 30, Art. 4590; No. 48, Art. 6728; Art. 6732; No. 50, Art. 7343; Art. 7351; 2013, No. 27, Art. 3440; No. 52, Art. 6961; 2014, No. 11, Art. 1098, No. 26, Art. 3387; Russian newspaper, 07.11. 2014, No. 254) and Item 5.2.25 (53) the Regulations on the Ministry of Agriculture of the Russian Federation approved by the order of the Government of the Russian Federation of June 12, 2008 No. 450 (The Russian Federation Code, 2008, No. 25, Art. 2983; No. 32, Art. 3791; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 1, Art. 150; No. 3, Art. 378; No. 6, Art. 738; No. 9, Art. 1119, Art. 1121; No. 27, Art. 3364; No. 33, Art. 4088; 2010, No. 4, Art. 394; No. 5, Art. 538; No. 16, Art. 1917; No. 23, Art. 2833; No. 26, Art. 3350; No. 31, Art. 4251; No. 31, Art. 4262; No. 32, Art. 4330; No. 40, Art. 5068; 2011, No. 6, Art. 888; No. 7, Art. 983; No. 12, Art. 1652; No. 14, Art. 1935; No. 18, Art. 2649; No. 22, Art. 3179; No. 36, Art. 5154; 2012, No. 28, Art. 3900; No. 32, Art. 4561; No. 37, Art. 5001; 2013, No. 10, Art. 1038; No. 29, Art. 3969; No. 33, Art. 4386; No. 45, Art. 5822; 2014, No. 4, Art. 382; No. 10, Art. 1035; to No. 12, of the Art. 1297, No. 28, of the Art. 4068), I order:

Approve the enclosed fishery Procedure for the purpose of aquaculture (fish breeding).

Minister

N. V. Fedorov

Appendix

to the Order of the Ministry of Agriculture of the Russian Federation of November 10, 2014 No. 437

Fishery procedure for the purpose of aquaculture (fish breeding)

1. This Procedure establishes the procedure of implementation of fishery for the purpose of aquaculture (fish breeding) in internal waters of the Russian Federation, including in internal sea waters of the Russian Federation, in the territorial sea of the Russian Federation, on the continental shelf of the Russian Federation, in exclusive economic zone of the Russian Federation, in the Azov and Caspian seas.

This Procedure is not applied to fishery for the purpose of aquaculture (fish breeding) of the rare and being under the threat of disappearance types of water bioresources.

2. Production (catch) of water biological resources when implementing by legal entities and individual entrepreneurs of fishery for the purpose of aquaculture (fish breeding) is performed in the amount necessary for ensuring preserving water bioresources and ensuring activities of fish-breeding farms.

3. Fishery for the purpose of aquaculture (fish breeding) is performed by legal entities and individual entrepreneurs based on decisions on provision of water bioresources in use which are accepted according to article 33.2 of the Federal Law of December 20, 2004 No. 166-FZ "About fishery and preserving water biological resources" (The Russian Federation Code, 2004, No. 52, of Art. 5270; 2006, No. 1, Art. 10; No. 23, Art. 2380; No. 52, Art. 5498; 2007, No. 1, Art. 23; No. 17, Art. 1933; No. 50, Art. 6246; 2008, No. 49, Art. 5748; 2011, No. 1, Art. 32; No. 30, Art. 4590; No. 48, Art. 6728; Art. 6732; No. 50, Art. 7343; Art. 7351; 2013, No. 27, Art. 3440; No. 52, Art. 6961; 2014, No. 11, Art. 1098; No. 26, Art. 3387).

Provision of water biological resources (further - water bioresources) in use to legal entities and individual entrepreneurs for implementation of fishery for the purpose of aquaculture (fish breeding) is performed by Federal Agency for Fishery according to the Rules of preparation and decision making about provision of water biological resources in use approved by the order of the Government of the Russian Federation of October 15, 2008 No. 765 (The Russian Federation Code, 2008, No. 42, Art. 4836; 2012, No. 44, Art. 6026; 2014, No. 10, Art. 1035).

4. Fishery for the purpose of aquaculture (fish breeding) is performed concerning the water bioresources which reached puberty

5. Fishery for the purpose of aquaculture (fish breeding) concerning types of water bioresources for which general admissible catch is established is performed within quotas of production (catch) of the water bioresources for implementation of fishery for the purpose of aquaculture (fish breeding) distributed between legal entities and individual entrepreneurs Federal Agency for Fishery according to Rules for apportionment of quotas of production (catch) of water biological resources for implementation of fishery in the research and control purposes, in the educational and cultural and educational purposes, and also for the purpose of aquaculture (fish breeding), approved by the order of the Government of the Russian Federation of November 26, 2008 No. 887 (The Russian Federation Code, 2008, No. 49, Art. 5832; 2012, No. 44, Art. 6026; 2014, No. 10, Art. 1035).

6. Concerning types of water bioresources for which general admissible catch is not established fishery for the purpose of aquaculture (fish breeding) is performed in the amounts specified in the decision of Federal Agency for Fishery on provision of water bioresources in use for implementation of fishery for the purpose of aquaculture (fish breeding).

7. Fishery for the purpose of aquaculture (fish breeding) is performed based on permissions to production (catch) of the water bioresources issued according to the Rules of registration, issue, registration, suspension of action and cancellation of permissions to production (catch) of water biological resources, and also introduction of changes in them approved by the order of the Government of the Russian Federation of October 22, 2008 No. 775 (The Russian Federation Code, 2008, No. 43, Art. 4953; 2010, No. 2, Art. 198; 2011, No. 49, Art. 7288; 2012, No. 44, Art. 6026; 2014, No. 10, Art. 1035).

8. Fishery for the purpose of aquaculture (fish breeding) is performed for:

1) ensuring preserving water bioresources for the purpose of:

- forming of repair and uterine herds;

- obtaining from the individuals who reached puberty of sexual products (caviar, milts (sperm)) for implementation of artificial reproduction and acclimatization of water bioresources;

2) ensuring activities of the fish-breeding farms performing commodity aquaculture (commodity fish breeding) for the purpose of:

- forming of repair and uterine herds;

- obtaining from the reproduced water bioresources of sexual products (caviar, milts (sperm));

- cultivation (cultivation) of landing material of objects of aquaculture, including caviar, the larvae which settled larvae of ground invertebrates, sporophytes of seaweed, juveniles on the fish-breeding site of the pasturable aquaculture or industrial aquaculture or industrial aquaculture or pond aquaculture performed without use of the fish-breeding site;

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