FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 20, 2004 No. 166-FZ

About fishery and preserving water biological resources

Accepted by the State Duma of the Russian Federation on November 26, 2004

Approved by Council of the Russian Federation on December 8, 2004

Chapter 1. General provisions

Article 1. Basic concepts

1. In this Federal Law the following basic concepts are used:

1) water biological resources (further - water bioresources) the fishes, water invertebrates, water mammals, seaweed, other water animals and plants which are in condition of natural freedom;

2) anadromous species of fish - species of fish, the water objects which are reproduced in fresh water in the Russian Federation making then migration in the sea for nagul and returning for spawning to places of the reproduction;

3) catadromous species of fish - species of fish, reproduced in the sea and carrying out the most part of the lifecycle in internal waters of the Russian Federation and in the territorial sea of the Russian Federation;

4) cross-border species of fish and other water animals - species of fish and other water animals who are reproduced and carry out the most part of the lifecycle in exclusive economic zone of the Russian Federation and can temporarily migrate out of limits of such zone and to the area of the high sea, adjacent to such zone;

5) transzone species of fish and other water animals - species of fish and other water animals living in exclusive economic zone of the Russian Federation and in the exclusive economic zones of foreign states adjoining to it;

6) far migrating species of fish and other water animals - species of fish and other water animals who carry out the most part of the lifecycle in the high sea and can temporarily migrate in exclusive economic zone of the Russian Federation;

7) preserving water bioresources - maintenance of water bioresources or their recovery to levels in case of which the maximum steady production (catch) of water bioresources and their biological diversity, by means of implementation on the basis of scientific these measures for studying, protection, reproduction, rational use of water bioresources and protection of the circle of their dwelling can be provided;

8) production (catch) of water bioresources - withdrawal of water bioresources from the circle of their dwelling;

9) fishery - activities for production (catch) of water bioresources and in the cases provided by this Federal Law on acceptance, processing, overload, transportation, storage and unloading of catch of water bioresources, production of fish products;

10) industrial fishery - business activity on search and production (catch) of water bioresources, on acceptance, processing, overload, transportation, storage and unloading of catch of water bioresources, production on vessels of the fishery fleet of fish products;

10. 1) inshore fishing - business activity on search and production (catch) of water bioresources, transportation, storage of catch of water biological resources, and also fish products and unloading of catch of water bioresources in the live, fresh or cooled type and the live, fresh or cooled fish products in seaports of the Russian Federation, to other emptying points established according to this Federal Law;

11) ceased to be valid

12) general admissible catch of water bioresources - the evidence-based size of annual production (catch) of water bioresources of specific type in certain areas established taking into account features of this type;

13) quota of production (catch) of water bioresources - the part of general admissible catch of water bioresources determined for the purpose of fishery implementation;

14) share of quota of production (catch) of water bioresources - the part of quota of production (catch) of water bioresources assigned to persons who have right to production (catch) of water bioresources, and expressed as a percentage;

15) ceased to be valid

16) ceased to be valid according to the Federal Law of the Russian Federation of 25.12.2018 No. 475-FZ

17) ceased to be valid according to the Federal Law of the Russian Federation of 02.07.2013 No. 148-FZ

18) ceased to be valid according to the Federal Law of the Russian Federation of 02.07.2013 No. 148-FZ

19) permission to production (catch) of water bioresources - the document certifying the right to production (catch) of water bioresources.

20) fishery - types of activity on aquaculture and preserving water bioresources, production and realization of fish products;

21) catch of water bioresources - the water bioresources taken (caught) of the habitat.

2. In this Federal Law of the concept "foreign investor" and "group of persons which the foreign investor enters" are used in the same values, as in Article 1 and part 2 of article 3 of the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state".

3. In this Federal Law the concept "group of persons" is used in the value specified in article 9 of the Federal Law of July 26, 2006 to No. 135-FZ "About protection of the competition".

Article 2. Basic principles of the legislation on fishery and preserving water bioresources

1. The legislation on fishery and preserving water bioresources is based on the following principles:

1) accounting of value of water bioresources as bases of life and activities of the person according to whom regulation of the relations in the field of fishery and preserving water bioresources is performed proceeding from ideas of them as about the natural object protected as the most important component of the nature, the natural resource used by the person for consumption as basis of implementation of economic and other activity, and at the same time as about object of the property right and other rights to water bioresources;

2) priority of preserving water bioresources and their rational use before use of water bioresources as object of the property right and other rights according to which ownership, use and the order of water bioresources are performed by owners freely if it does not cause environmental damage and to condition of water bioresources;

3) priority of preserving especially valuable and valuable types of water bioresources according to which implementation of fishery concerning especially valuable and valuable types of water bioresources is limited or forbidden according to the procedure, established by the Federal Laws;

4) establishment of the differentiated legal regime of water bioresources according to which in case of determination of legal regime of the specified water bioresources their biological features, economic value, availability to use, the area of production (catch) and other factors shall be considered;

5) participation of citizens, public associations, associations of legal entities (associations and the unions) in the solution of the questions concerning fishery and preserving water bioresources, according to which citizens, public associations, associations of legal entities (associations and the unions) have the right to take part in preparation of decisions which implementation can make impact on condition of water bioresources and, public authorities, local government bodies, subjects of economic and other activity shall provide possibility of such participation according to the procedure and in forms which are established by the legislation;

6) accounting of interests of the population for which fishery is existence basis, including indigenous ethnic groups of the North, Siberia and the Far East of the Russian Federation, according to which access to water bioresources for ensuring life activity of the population shall be provided to them;

7) provision in use of water bioresources is public and open according to which information on such provision, including on distribution of quotas of production (catch) of water bioresources between persons who have right to production (catch) of the specified water bioresources is public;

7. 1) scoping of production (catch) of water bioresources taking into account ecological, social and economic factors, including information on production and realization of fish products;

8) ceased to be valid

9) the paid nature of use of water bioresources according to which any use of the specified water bioresources is performed for a fee, except as specified, provided by the Federal Laws.

2. Other Federal Laws other principles of the legislation on fishery and preserving water bioresources which are not contradicting the principles can be established by the established this Federal Law.

Article 3. Legislation on fishery and preserving water bioresources

1. The legislation on fishery and preserving water bioresources consists of this Federal Law, other Federal Laws and the laws of subjects of the Russian Federation.

2. The relations in the field of fishery and preserving water bioresources can be regulated also by presidential decrees of the Russian Federation.

3. The government of the Russian Federation accepts the resolutions governing the relations in the field of fishery and preserving water bioresources within the powers determined by this Federal Law, other Federal Laws, and also normative presidential decrees of the Russian Federation.

4. Federal executive bodies can publish the regulatory legal acts governing the relations in the field of fishery and preserving water bioresources in cases and in limits which are provided by the Federal Laws, presidential decrees of the Russian Federation and orders of the Government of the Russian Federation.

5. On the basis and in pursuance of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, and also the laws of subjects of the Russian Federation executive bodies of subjects of the Russian Federation within the powers can publish the regulatory legal acts governing the relations in the field of fishery and preserving water bioresources.

6. On the basis and in pursuance of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, and also the laws and other regulatory legal acts of subjects of the Russian Federation local government bodies within the powers can publish the regulatory legal acts governing the relations in the field of fishery and preserving water bioresources.

7. Features of legal regulation of the relations in the field of fishery and preserving the water bioresources arising in connection with functioning of the territories of the advancing development are determined by the Federal Law "About the Territories of the Advancing Development in the Russian Federation".

Article 4. The international agreements of the Russian Federation in the field of fishery and preserving water bioresources

1. If international treaties of the Russian Federation in the field of fishery and preserving water bioresources establish other rules, than those which are stipulated by the legislation about fishery and preserving water bioresources are applied rules of these international treaties.

2. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.

Article 5. The relations regulated by the legislation on water bioresources

1. The legislation on fishery and preserving water bioresources governs the relations arising in the field of fishery and preserving water bioresources.

2. The contractual commitments and other relations connected with turnover of water bioresources are regulated by the civil legislation if other is not established by this Federal Law.

Article 6. Coverage of the legislation on fishery and preserving water bioresources

Operation of the legislation on fishery and preserving water bioresources extends on:

1) internal waters of the Russian Federation, including internal sea waters of the Russian Federation, and also on the territorial sea of the Russian Federation, the continental shelf of the Russian Federation and exclusive economic zone of the Russian Federation;

2) the vessels which are in the high sea, floating under National flag of the Russian Federation and attributed to ports of the Russian Federation if other is not provided by the international treaty of the Russian Federation;

3) the overland territory of the Russian Federation which is used for the purpose of fishery and preserving water bioresources.

Article 7. Participants of the relations in the field of fishery and preserving water bioresources

1. Participants of the relations in the field of fishery and preserving water bioresources are the Russian Federation, subjects of the Russian Federation, municipalities, citizens and legal entities.

2. On behalf of the Russian Federation, subjects of the Russian Federation and municipalities public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies within the competence established by the regulatory legal acts determining the status of these bodies participate in the relations in the field of fishery and preserving water bioresources respectively.

Article 7.1.

Voided according to the Federal Law of the Russian Federation of 03.07.2016 No. 349-FZ

Article 7.2. Fishery actions

1. For the purpose of development of fishery fishery actions are carried out respectively by public authorities and local government bodies within their powers, and also persons performing fishery according to this Federal Law.

2. Purchases of goods, works, services by the bodies specified regarding 1 this Article for the purpose of accomplishment of fishery actions are performed in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs.

Article 7.3. Scientific activities in the field of fishery and preserving water bioresources

1. Scientific activities in the field of fishery and preserving water bioresources are performed according to the Federal Law of August 23, 1996 No. 127-FZ "About science and the state scientific and technical policy" and this Federal Law.

2. Scientific activities in the field of fishery and preserving water bioresources can be performed both with withdrawal, and without withdrawal of water bioresources from the circle of their dwelling.

3. When implementing scientific activities in the field of fishery and preserving water bioresources of purchase of goods, works, services for ensuring the state and municipal needs are performed in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs.

Article 8.

Voided

Article 9.

Voided

Chapter 2. Rights to water bioresources

Article 10. Property right to water bioresources

1. Water bioresources are in federal property, except as specified, provided by part 2 of this Article.

2. The water bioresources living in ponds, the flooded pits can be in federal property, property of subjects of the Russian Federation, municipal and private property.

3. Legal entities and citizens who perform fishery according to the procedure provided by this Federal Law, acquire the property right to the got (caught) water bioresources according to the civil legislation.

Article 11. Right to production (catch) of water bioresources

1. The right to production (catch) of water bioresources arises on the bases provided by this Federal Law.

2. The legal entities registered in the Russian Federation according to the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" and who are under control of the foreign investor or group of persons which the foreign investor having no right to perform production (catch) of water bioresources, except for the case provided by part 3 of this Article enters.

3. The legal entities specified in part 2 of this Article, having the right to perform production (catch) of water bioresources if the right to production (catch) of water bioresources at specified persons arose with observance of requirements which are provided by the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state".

Article 12. Restrictions of the right to production (catch) of water bioresources

The right to production (catch) of water bioresources can be limited according to the Federal Laws and international treaties of the Russian Federation.

Article 13. Termination of the right to production (catch) of water bioresources

1. The right to production (catch) of water bioresources stops:

1) after effective period of the right to production (catch) of water bioresources;

2) under the agreement between person to which water bioresources and authorized body of the government are provided in use;

3) in case of failure of face to which water bioresources from the right to production (catch) of the specified water bioresources are provided in use;

4) in case of liquidation of the legal entity or in connection with the death of the citizen to whom water bioresources were provided in use;

5) in other cases provided by the Civil code of the Russian Federation and other Federal Laws.

2. The forced termination of the right to production (catch) of water bioresources is performed in cases if:

1) there is need of use of water objects for the state needs;

2) production (catch) of water bioresources is performed within two years in a row of less than seventy percent of quota of the production (catch) of water bioresources distributed to person performing industrial fishery and (or) inshore fishing, except as specified:

a) emergence of emergency situations as a result of which production (catch) of water bioresources within year is performed of less than seventy percent of the distributed general admissible catch in relation to the corresponding quota of production (catch) of water bioresources;

b) establishments of the restrictions of fishery provided by Items 1 and 2 of part 1 of article 26 of this Federal Law as a result of which concerning the corresponding quota of production (catch) of water bioresources production (catch) of water bioresources within year is performed of less than seventy percent of the distributed general admissible catch in relation to such quota of production (catch) of water bioresources;

3) person at whom the right to production (catch) of water bioresources within calendar year two times is had or more violated rules of fishery therefore major damage was caused to water bioresources which size and procedure for determination are established by the Government of the Russian Federation.

4) person at whom the right to production (catch) of water bioresources is had did not perform delivery of catch of water bioresources in  seaports  of the Russian Federation, and also in the cases and procedure determined  by the Government of the Russian Federation in other delivery locations according to article 19 of this Federal Law;

5) person at whom the right to production (catch) of water bioresources within calendar year without carrying out approval in accordance with the established procedure is had performed the termination on forty eight and more working hours of technical means of control, the stipulated in Article 43.4 presents of the Federal Law;

6) over person at whom the right to production (catch) of water bioresources is had control of the foreign investor or group of persons in which the foreign investor, with violation of requirements of the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments into the economic societies having strategic importance for ensuring defense of the country and safety of the state" enters is established;

7) at person which is under control of the foreign investor or group of persons which the foreign investor enters the right to production (catch) of water bioresources arose with violation of requirements which are provided by part 7 of article 7 of the Federal Law of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state";

8) person at whom the right to production (catch) of water bioresources is had did not perform unloading of catch of the water bioresources got (caught) when implementing inshore fishing, and also the fish products made from such catch on vessels of the fishery fleet according to requirements of this Federal Law;

9) there are bases for early agreement cancelation about fixing and provision of share of quota of production (catch) of water bioresources for the investment purposes specified regarding the 4th article 33.7 of this Federal Law;

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