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The document ceased to be valid since  September 30, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of September 4, 2015 No. 745

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2004 No. 1456

About approval of Rules of maintaining fishery in the Republic of Kazakhstan

(as amended on 23-08-2013)

According to 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 maintaining fishery in the Republic of Kazakhstan.

2. This resolution becomes effective from the date of signing and is subject to publication.

Acting as Premier-Ministra Republic of Kazakhstan

A. Esimov

Approved by the order of the Government of the Republic of Kazakhstan of December 31, 2004 No. 1456

Rules of maintaining fishery in the Republic of Kazakhstan

1. General provisions

1. These rules of maintaining fishery in the Republic of Kazakhstan (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 9, 2004 "About protection, reproduction and use of fauna" and determine procedure for maintaining fishery on fishery reservoirs and (or) sites of the Republic of Kazakhstan.

2. Maintaining fishery is understood as the implementation of economic activity by legal entities and physical persons directed to receipt of economic and useful products by steady use of fish resources and other water animals, their protection, reproduction, cultivation, getting, conversion and realization.

3. Control of observance of rules of maintaining fishery is exercised by authorized body and its territorial subdivisions in the field of protection, reproduction and use of fauna (further - authorized body).

2. The basic principles and requirements imposed to maintaining fishery

4. Legal regulation of the relations connected with maintaining fishery is based on the following principles:

1) maintaining fishery on the basis of optimum combination of ecological, economic, scientific and other interests;

2) preserving specific variety of fishes and other water animals, establishments of the mode of their use based on scientific recommendations, except for the reservoirs provided for maintaining lake and commodity fish-breeding economy;

3) departments of right to use by fish resources from right to use by water objects;

4) restrictions for the benefit of protection of fish inventories of the rights of other users fishery reservoirs;

5) to exert the obligation of the state environmental assessment of the economic and other activity rendering or able impact on fish resources;

6) full recovery users fauna of the harm done to fish fauna of reservoirs and the circle surrounding them;

5. The main requirements imposed to maintaining fishery:

1) biologically reasonable and steady use of fish resources and other water animals;

2) preserving productivity of reservoirs, providing optimal conditions of reproduction, ways of migration of fishes and other water animals and places of their concentration;

3) observance of requirements of these rules;

4) reproduction of fish resources;

5) carrying out accounting of the caught fish and other water animals and provision of the reporting in authorized body according to the procedure, established by the legislation of the Republic of Kazakhstan;

6) ensuring protection of the fixed reservoirs and (or) sites and objects of fauna, including rare and being under the threat of disappearance, due to creation and content by subjects of fishery of egersky service;

7) accomplishment of other requirements according to the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fish inventories and other water animals.

6. Fisheries in the directions of the activities are subdivided into the following types:

1) fishing economy - economy which basis of activities is withdrawal of fish resources and other water animals on fishery reservoirs and (or) sites with the subsequent conversion or realization;

2) fish-breeding economy - the economy created on reservoirs for the purpose of cultivation of commodity fish and (or) fish stock.

Spawning and growing farms, fish nurseries, and also the farms specializing in cultivation of products treat fish-breeding farms (in the form of the lake and commodity, pond, cage and other adapted farms on artificial cultivation of fishes, fodder organisms and other water animals).

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.

3. Bases for maintaining fishery

7. The bases for maintaining fishery by physical persons and legal entities are:

decision of regional executive body on fixing of fishery reservoirs (sites);

the contract for maintaining fishery signed between authorized body and the user of reservoir and (or) the site in the standard form approved by the Ministry of environmental protection of the Republic of Kazakhstan.

8. Fixing of fishery reservoirs and (or) sites to users is performed by the decision of regional executive body based on tender results on fixing of the fishery reservoirs and (or) sites which are carried out in the procedure established by the legislation.

Sites of the water preserving strips are provided in use for maintaining fishery by local executive body of area following the results of tender according to the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of fauna.

9. Excluded

10. Excluded

11. Excluded

4. Protection of the fixed fishery reservoirs (sites) and objects of fauna

12. Protection of the fixed reservoirs and (or) sites and objects of fauna is performed by subjects of fishery by means of:

1) installations of notices, the posters informing on the mode of protection of fishery, objects of fauna and on responsibility for violation of the mode of protection and the legislation in the field of protection, reproduction and use of fauna;

2) creations of egersky service and organization of its security activities;

3) holding sanitary and anti-epidemic (preventive) actions;

4) promotion among local population of the ideas of careful attitude to fauna;

5) establishments of internal rules and procedures of maintaining fishery.

5. Use of fauna and aquaculture

13. Withdrawal of fish resources and other water animals is performed according to Rules of fishery.

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