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Federal Law No. 166-FZ on fisheries and conservation of aquatic biological resources.

Type of law
Legislation
Date of original text
Date of latest amendment
Source

Keywords

Abstract
This Federal Law consists of 8 Chapters subdivided into 65 articles. Chapter 1 (arts. 1-9) lays down general provisions. Chapter 2 (arts. 10-14) establishes the right to aquatic biological diversity. Chapter 3 (arts. 15-33) gives classification of the types of fisheries. Chapter 4 (arts. 34-41) regards fishing authorization, establishes the modalities of distribution of quotas through tenders and determines the modalities of the right of use of a fishing area in accordance with contract. Chapter 5 (arts. 42-43) regards state monitoring of aquatic biological diversity and state control in the sphere of fisheries and protection of aquatic biological diversity. Chapter 6 (arts. 44-50) regards conservation of aquatic biological diversity and its natural habitats. Chapter 7 (arts. 51-54) regards dispute settlement and establishes liability for the infringement of the legislation on fisheries and conservation of aquatic biological diversity. Chapter 8 (arts. 55-65) lays down final provisions and transitional provisions regarding conclusion of agreements on fixing the share of the fishing quota for the year 2018 and with regard to the application of contracts for concession of fishing areas.The Federal Law is applicable to internal sea, territorial sea, continental shelf and EEZ of the Russian Federation, fishing vessels flying the flag of the Russian Federation and navigating outside the boundaries of the Russian Federation and plots of land pertaining to the national territory used for fisheries and conservation of aquatic biological resources. The right of management of aquatic biological resources shall originate in accordance with the fishing authorization for catch (harvest) of aquatic biological resources, contract of use of a fishing area and other grounds envisaged by this Federal Law. Natural and legal persons are authorized to carry out the following types of fisheries: 1) industrial fisheries that include coastal fisheries; 2) fisheries for scientific research and exploration purposes; 3) fisheries for educational and cultural purposes; 4) fisheries for fish farming, stock enhancement and acclimatization purposes; 5) artisanal and sport fisheries; 6) traditional fisheries. Model fisheries regulations shall be validated for each fishing basin separately by the Federal Fisheries Institution. Total allowable catch shall be set annually by the Federal Fisheries Institution and following quotas shall be distributed annually thereby: 1) industrial quotas for marine fisheries (except for coastal fisheries) in the continental shelf and EEZ; 2) quotas for coastal fisheries in the internal sea, in the continental shelf and EEZ; 3) quotas for scientific research and exploration purposes; 4) quotas for educational and cultural purposes; 5) quotas for fish farming, stock enhancement and acclimatization purposes; 6) quotas for artisanal and sport fisheries; 7) quotas for traditional fisheries; 8) quotas for fishing areas covered by international agreements; 9) quotas for foreign fishing inside EEZ of the Russian Federation. Contracts for the use of fishing areas shall be allocated through tenders except for natural persons pertaining to the indigenous scanty population or the communities thereof for which is envisaged direct allocation. State monitoring of aquatic biological resources is a component of state environmental monitoring and shall be carried out by the Federal Fisheries Institution.Criteria and procedure for classifying a waterbody or its part as a waterbody of fishery importance, the procedure for determining the categories of waterbodies of fishery importance shall be established by the Government of the Russian Federation (art. 17). Forced termination of the right to fisheries (catch) of aquatic biological resources shall be applicable in case when a person who has fishing authorization has violated fishing rules twice or more within a calendar year, as a result of which major damage was caused to aquatic biological resources, the amount and the procedure for determining of which is established by the Government of the Russian Federation (art. 13). Article 29 (3) envisages fisheries (catch) of aquatic biological resources, except for crabs, for investment purposes. Illegally caught aquatic biological resources and products of their processing shall be subject to expropriation or confiscation free of charge in accordance with the procedure established by the legislation of the Russian Federation (art. 54).
Entry into force notes
The Federal Law enters into force from 3 January 2005.
Repealed
No
Source language

English

Legislation Amendment
No
Implemented by