ORDER OF THE MINISTRY OF AGRICULTURE OF THE RUSSIAN FEDERATION

of February 18, 2015 No. 58

About approval of Administrative regulations of Federal Agency for Fishery on execution of the state function on implementation of federal state control (supervision) in the field of fishery and preserving water biological resources, except for the water biological resources which are in especially protected natural territories of federal importance and included in the Red List of the Russian Federation

According to item 4 of Rules of development and approval of administrative regulations of execution of the state functions approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, to No. 5, of the Art. 506), I order:

Approve the enclosed Administrative regulations of Federal Agency for Fishery on execution of the state function on implementation of federal state control (supervision) in the field of fishery and preserving water biological resources, except for the water biological resources which are in especially protected natural territories of federal importance and included in the Red List of the Russian Federation.

Approved by the Order of the Ministry of Agriculture of the Russian Federation of February 18, 2015, No. 58

Administrative regulations of Federal Agency for Fishery on execution of the state function on implementation of federal state control (supervision) in the field of fishery and preserving water biological resources, except for the water biological resources which are in especially protected natural territories of federal importance and included in the Red List of the Russian Federation

I. General provisions

1. The administrative regulations of Federal Agency for Fishery on execution of the state function on implementation of federal state control (supervision) in the field of fishery and preserving water biological resources, except for the water biological resources which are in especially protected natural territories of federal importance and included in the Red List of the Russian Federation (further respectively - Administrative regulations, the state function), determine terms and the sequence of ministerial procedures (actions) for ensuring execution of the state function, and also establish order of interaction between Federal Agency for Fishery, its territorial authorities, their officials with legal entities their heads and other officials, individual entrepreneurs, their authorized representatives (further - legal entities, individual entrepreneurs) and citizens in case of execution of the state function.

Name of the state function

2. Federal state control (supervision) in the field of fishery and preserving water biological resources (further - water bioresources), except for the water bioresources which are in especially protected natural territories of federal importance and included in the Red List of the Russian Federation.

The name of the federal executive body performing the state function

3. The state function is performed by Federal Agency for Fishery (further - Rosrybolovstvo), namely:

a) Rosrybolovstvo (central office) performs:

general coordination and organization of execution of the state function by territorial administrations of Federal Agency for Fishery;

actions for control of observance of mandatory requirements on water objects of fishery value based on plan (raid) targets;

b) territorial administrations of Rosrybolovstvo directly perform scheduled and unscheduled inspections of activities of legal entities and individual entrepreneurs, and also based on plan (raid) targets - actions for control of observance of mandatory requirements on water objects of fishery value and planned (raid) surveys, inspections of the water area of reservoirs, vehicles.

The list of the regulatory legal acts regulating execution of the state function

4. Execution of the state function is performed according to:

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; No. 45, Art. 6153; No. 52, Art. 7556; 2015, No. 1, Art. 72; No. 18, Art. 2623);

The Federal Law of January 10, 2002 No. 7-FZ "About environmental protection" (The Russian Federation Code, 2002, No. 2, Art. 133; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; No. 19, Art. 1752; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 7, Art. 834; No. 27, Art. 3213; 2008, No. 29, Art. 3418; No. 30, Art. 3616; 2009, No. 1, Art. 17; No. 11, Art. 1261; No. 52, Art. 6450; 2011, No. 1, Art. 54; No. 29, Art. 4281; No. 30, Art. 4590, Art. 4591, Art. 4596; No. 48, Art. 6732; 2012, No. 26, Art. 3446; 2013, No. 27, Art. 3477; No. 30, Art. 4059; No. 52, Art. 6971, Art. 6974; 2014, No. 11, Art. 1092; No. 30, Art. 4220; No. 48, Art. 6642; 2015, No. 1, Art. 11);

The Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2009, No. 18, Art. 2140; No. 29, Art. 3601; No. 48, Art. 5711; No. 52, Art. 6441; 2010, No. 17, Art. 1988; No. 18, Art. 2142; No. 31, Art. 4160, Art. 4193, Art. 4196; No. 32, Art. 4298; 2011, No. 1, Art. 20; No. 17, Art. 2310; No. 23, Art. 3263; No. 27, Art. 3880; No. 30, Art. 4590; No. 48, Art. 6728; 2012, No. 19, Art. 2281; No. 26, Art. 3446; No. 31, Art. 4320, Art. 4322; No. 47, Art. 6402; 2013, No. 9, Art. 874; No. 27, Art. 3477; No. 30, Art. 4041; No. 44, Art. 5633; No. 48, Art. 6165; No. 49, Art. 6338; No. 52, Art. 6961, Art. 6981; 2014, No. 11, Art. 1092, Art. 1098; No. 26, Art. 3366; No. 30, Art. 4256; 42, Art. 5615; No. 48, Art. 6659; 2015, No. 1, Art. 53, Art. 64, Art. 72, Art. 85; No. 14, Art. 2022; No. 18, Art. 2614);

The Federal Law of April 24, 1995 No. 52-FZ "About fauna" (The Russian Federation Code, 1995, No. 17, Art. 1462; 2003, No. 46, Art. 4444; 2004, No. 45, Art. 4377; 2005, No. 1, Art. 25; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 17, Art. 1933; No. 50, Art. 6246; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 17; No. 11, Art. 1261; No. 30, Art. 3735; 2011, No. 1, Art. 32; No. 30, Art. 4590; No. 48, Art. 6732; 2013, No. 19, Art. 2331);

The Federal Law of February 9, 2009 No. 8-FZ "About ensuring access to information on activities of state bodies and local government bodies" (The Russian Federation Code, 2009, No. 7, Art. 776; 2011, No. 29, Art. 4291; 2013, No. 23, Art. 2870; No. 51, Art. 6686; No. 52, Art. 6961; 2014, No. 45, Art. 6141, No. 49, Art. 6928);

The Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, No. 19, Art. 2060; 2010, No. 27, Art. 3410; No. 31, Art. 4196; 2012, No. 31, Art. 4470; 2013, No. 19, Art. 2307; No. 27, Art. 3474; 2014, No. 48, Art. 6638);

the order of the Government of the Russian Federation of June 30, 2010 No. 489 "About approval of Rules of preparation by state control (supervision) bodies and bodies of municipal control of annual plans of conducting planned inspections of legal entities and individual entrepreneurs" (The Russian Federation Code, 2010, No. 28, Art. 3706; 2012, No. 2, Art. 301; No. 53, Art. 7958);

the order of the Government of the Russian Federation of June 11, 2008 No. 444 "About Federal Agency for Fishery" (The Russian Federation Code, 2008, No. 25, Art. 2979; No. 42, Art. 4825; No. 46, Art. 5337; 2009, No. 2, Art. 253; No. 6, Art. 738; 2010, No. 26, Art. 3350; No. 31, Art. 4251; No. 32, Art. 4330; 2011, No. 6, Art. 888; No. 14, Art. 1935; No. 47, Art. 6656; Art. 6660; 2012, No. 28, Art. 3900; No. 32, Art. 4561; 2013, No. 24, Art. 2999; No. 45, Art. 5822; 2014, No. 4, Art. 382; No. 10, Art. 1035; 2015, No. 2, Art. 491);

the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506);

the order of the Government of the Russian Federation of October 24, 2012 No. 1089 "About providing with military person-portable small arms, and also the hunting firearms used as office and special means of the officials of Federal Agency for Fishery exercising federal state control (supervision) in the field of fishery and preserving water biological resources" (The Russian Federation Code, 2012, No. 44, the Art. 6033);

the order of the Government of the Russian Federation of December 25, 2012 No. 1394 "About approval of the Regulations on implementation of federal state control (supervision) in the field of fishery and preserving water biological resources" (The Russian Federation Code, 2012, No. 53, the Art. 7950);

the order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 No. 141 "About realization of provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (it is registered in the Ministry of Justice of the Russian Federation on May 13, 2009, registration No. 13915) with the changes made by orders of the Ministry of Economic Development of the Russian Federation of May 24, 2010 No. 199 (registration No. 17702) is registered in the Ministry of Justice of the Russian Federation on July 6, 2010, of September 30, 2011 No. 532 (registration No. 22264) is registered in the Ministry of Justice of the Russian Federation on November 10, 2011;

the order of the Ministry of Agriculture of the Russian Federation of April 8, 2013 No. 171 "About Standard regulations on territorial authority of Federal Agency for Fishery" (registration No. 29170) is registered in the Ministry of Justice of the Russian Federation on July 25, 2013;

the order of Rosrybolovstvo of April 12, 2010 No. 326 "About realization of separate provisions of the Russian Federation Code of Administrative Offences in the sphere of fishery and preserving water biological resources" (registration No. 17190) is registered in the Ministry of Justice of the Russian Federation on May 13, 2010.

Subject of federal state control (supervision)

5. Subject of federal state control (supervision) in the field of fishery and preserving water bioresources, except for the water bioresources which are in especially protected natural territories of federal importance and included in the Red List of the Russian Federation is observance by public authorities, local government bodies, legal entities, individual entrepreneurs and citizens of the requirements established according to international treaties of the Russian Federation, the Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them in the field of fishery and preserving water bioresources (further - mandatory requirements), including conditions of the issued permissions to production (catch) of water bioresources, conditions of agreements based on which there is right to production (catch) of water biological resources, and also documents, the catch of water bioresources confirming legality and the fish and other products made from them.

The rights and obligations of officials when implementing federal state control (supervision)

6. Officials of Federal Agency for Fishery and its territorial administrations in case of execution of the state function have the right:

1) to request and receive from legal entities, individual entrepreneurs and citizens information and documents necessary for check of observance of mandatory requirements by them;

2) freely upon presentation of the official ID, and when checking legal entities and individual entrepreneurs also copies of the order (order) of the head (deputy manager) of Rosrybolovstvo or its territorial administration about purpose of check to visit fishery sites, places of production (catch) of water bioresources, acceptance, processings, overloads, transportations, storages and unloadings of catch of water bioresources, productions of fish and other products from water bioresources which are in the territories of the specified sites of the building, the room and construction, vessels of the fishery fleet, to conduct their examinations, and also researches, testing, investigations, examinations and other actions for control, including checks of observance of rules of fishery and other rules regulating production (catch) of water bioresources allocated quotas of production (catch) of water bioresources and recommended amounts of production (catch) of water bioresources which general admissible catch is not established, conditions of the issued permissions to production (catch) of water bioresources, conditions of agreements based on which there is right to production (catch) of the water bioresources, documents confirming legality of catch of water bioresources and the fish and other products made from them;

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