Law of Ukraine
"On Fishery, Industrial Fishing and Protection of Water Bioresources"
Date of entry into force:
August 4, 2011
The Law determines the main principles of activity and state regulation in the sphere of fishery, preservation and rational use of water bioresources, the procedure for interaction between bodies of state power, bodies of local self-government, and business entities carrying out commercial fishing activity in the interior water basins of Ukraine, inland sea waters, the territorial sea, the continental shelf, the exclusive (sea) economic area of Ukraine, and the open sea.
Article 1 of the Law defines the terms used in it. For example, fishery is a branch of economy whose tasks are to study, protect, recreate, grow and use water bioresources, extracting them (catching, fishing, collecting), selling them and processing them in order to receive food, technical, fodder, medical and other products, as well as ensuring the navigation safety of the fish industry fleet.
The tasks of the state policy in the sphere of fishery are determined by Article 5 of the Law.
According to Article 6 of the Law, state management and regulation in the sphere of fishery are carried out by the Cabinet of Ministers of Ukraine, the central body of executive power in the issues of agrarian policy and food, the central body of executive power in the sphere of fishery, other central bodies of executive power according to their scopes of authority, the Council of Ministers of the Autonomous Republic of Crimea, and the local state administrations.
The authority of the above state bodies in the sphere of fishery are established by Articles 7-11 of the Law.
State accounting, state monitoring, state cadastre of water bioresources, as well as state accounting and state register of fishery water bodies (parts thereof) are kept by the central body of executive power in the sphere of fishery, in order to determine the current state, and to plan, organize and implement measures to protect water bioresources and ensure their rational use and recreation. State monitoring of water bioresources is carried out to ensure sustainable use of water bioresources and preventing their depletion. The state cadastre of water bioresources is art of the state fauna cadastre and is kept according to the legislation (Article 15 of the Law).
The main requirements to protection of the environment of water bioresources are determined by Article 17 of the Law.
Ukraine, being the state of origin of anadromous fish species, such as sturgeon, starred sturgeon, great sturgeon, ship sturgeon, Azov and Black Sea (Danube) herring, Black Sea roach, Atlantic salmon, Danube salmon, and other fish species, ensures their preservation through protecting and regulating fishery in their respect. Developing and implementing measures to protect and regulate the use of anadromous fish species formed in the rivers and coastal lakes of Ukraine and beyond the boundaries of the exclusive (sea) economic area of Ukraine, are carried out based on the international agreements of Ukraine. In order to ensure rational use of anadromous fish species formed in the rivers and coastal lakes of Ukraine and beyond the boundaries of the exclusive (sea) economic area of Ukraine, other measures can also be used to preserve them and manage fishery, according to the legislation and international agreements of Ukraine (Article 18 of the Law).
Article 19 of the Law envisages the specifics of protecting the water bioresources of the Azov and Black Sea basin.
According to Article 21 of the Law, state control over fishery activity is carried out by the central body of executive power in the sphere of fishery and by bodies of fish conservation, in order to ensure:
- implementing the state policy in the sphere of research, protection, recreation, and rational use of water bioresources, as well as their processing, and maintaining aquaculture;
- maintaining the balance between the production capacities of the consumers, the available water bioresources, and their reproductive potential;
- fulfilling the obligations under international agreements of Ukraine on preserving and rational use of water bioresources during fishery in the waters outside the jurisdiction of Ukraine;
- preventing depletion of fishery water bodies (parts thereof);
- state control over the quantity, quality and species composition of water bioresource products imported into Ukraine;
- protection of the rights and legal interests of natural persons and legal entities who have received quotas for extracting water bioresources, by regulating the Ukrainian import of the water bioresources species used by domestic consumers in the water bodies in Ukraine.
Community control in the sphere of protection, use and recreation of water bioresources is carried out by community fish conservation inspectors (Article 22 of the Law).
According to Article 23 of the Law, the central body of executive power in the sphere of fishery and its territorial body issue the following permit documents:
- protocol of technical inspection of ships that are not subject to classification society supervision;
- certificate of conformance of companies and ships to the requirements of the International Management Code for the Safe Operation of Ships and for Pollution Prevention (1993);
- permit for special use of water bioresources in fishery water bodies (parts thereof);
- permit for special use of water bioresources outside the jurisdiction of Ukraine;
- form for registering the catch (re-export) of Antarctic and Patagonian toothfish;
- certificates for traveling exhibitions, re-export and introduction from the sea of samples of sturgeon and sturgeon products which are regulated by the Convention on International Trade in Endangered Wild Fauna and Flora Species;
- confirmation of the legality of collecting water bioresources from their natural habitat, and of processing the catch products;
- permit to import to Ukraine water bioresources, and food and other products derived from them, with specified amount or species composition;
- other permit documents provided for by international agreements of Ukraine.
The specifics of issuing permit documents in the fishery industry are established by Article 24 of the Law.
According to Article 25-27 of the Law, water bioresources that are in the state of natural freedom can be used in the scope of:
- general use (citizens have the right to use water resources free of charge for scientific, cultural, educational and pedagogic purposes, in order to satisfy their esthetic, health care, recreational and other needs, without removing such resources from their natural environment; as well as to engage in amateur and sports fishing in public water bodies, within the limits of free catch of water bioresources establishes by the legislation);
- special use (industrial fishing; catching of water bioresources for scientific and research, scientific and industrial, or research and design purposes, as well as for determining their sanitary and epidemiological condition; control catching of water bioresources to determine their state and stock; reclamative catching of water bioresources in order to form their optimal species and age composition; catching of water bioresources in order to collect biological material for artificial restoration of their stock and for the purposes of aquaculture; amateur and sports fishing in public water bodies, within the limits of free catch of water bioresources establishes by the legislation).
Special use of water bioresources (except for amateur fishing and the use of resources whose stock is formed exclusively by artificial breeding) is carried out according to the limits and forecasts of allowed catching (Article 28 of the Law).
The rights and obligations of fishery entities are established by Articles 34 and 35 of the Law.
Chapter VIII of the Law establishes the right of use and the right of ownership for water bioresources.
Artificial restoration of water bioresources is carried out by fishery entities, through breeding, introduction and transfer of water bioresources for the purposes of fishery (Article 41 of the Law).
According to Article 46 of the Law, fishery sea ports, port stations and other basing sites for the fishery fleet ships function in the fishery sphere. The list of fishery sea ports, port stations and basing sites for the fishery fleet ships for unloading water bioresources (a structurally separate division of fishery) is approved by the central body of executive power in the sphere of fishery. Fishery sea ports, port stations and basing sites for the fishery fleet ships muse ensure safe docking for ships (water crafts) of the fishery fleet.
Classification of the fishery fleet ships is envisaged by Article 49 of the Law.
The procedure for registering the fishery fleet ships in the State Ship Register of Ukraine and the Shipping Register of Ukraine. The Fishing Ship Register is part of the State Ship Register of Ukraine and the Shipping Register of Ukraine. The registration and record-keeping of fishery ships is managed and controlled by the central body of executive power in the sphere of fishery (Article 50 of the Law).