On approval of the Rules for Amateur (Sport) Fishing, Meliorative Fishing, Research Fishing, Fishing for Reproductive Purposes on Water Bodies Which are Part of Natural Areas of Preferential Protection with the Status of a Legal Entity

New Unofficial translation

Order No. 344 of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated December 30, 2020. Registered with the Ministry of Justice of the Republic of Kazakhstan on January 5, 2021 under No. 22020

      Unofficial translation

      In pursuance of sub-paragraph 6-1) of Article 8 of the Law of the Republic of Kazakhstan “On Specially Protected Natural Areas” of July 7, 2006, I HEREBY ORDER:

      1. That the attached Rules for Amateur (Sport) Fishing, Meliorative Fishing, Research Fishing, Fishing for Reproductive Purposes on Water Bodies Which are Part of Natural Areas of Preferential Protection with the Status of a Legal Entity shall be approved.

      2. That, in accordance with the procedure established by the legislation, the Forestry and Wildlife Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan shall:

      1) ensure state registration hereof with the Ministry of Justice of the Republic of Kazakhstan;

      2) place this order on the web-site of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan.

      3. That the supervising Vice-Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan shall be entrusted with control over the execution hereof.

      4. The present order shall be enforced upon expiry of ten calendar days after the day of its first official publication.

      Minister of Ecology, Geology and Natural
Resources of the Republic of Kazakhstan
M. Mirzagaliyev

  Approved
by order of the Minister of
Ecology, Geology
and Natural Resources
of the Republic of Kazakhstan
No. 344 dated December 30, 2020

Rules for Amateur (Sport) Fishing, Meliorative Fishing, Research Fishing, Fishing for Reproductive Purposes on Water Bodies Which are Part of Natural Areas of Preferential Protection with the Status of a Legal Entity

Chapter 1. General provisions

      1. These Rules for Amateur (Sport) Fishing, Meliorative Fishing, Research Fishing, Fishing for Reproductive Purposes on Water Bodies Which are Part of Natural Areas of Preferential Protection with the Status of a Legal Entity (hereinafter - Rules) have been developed in conformity with sub-paragraph 6-1) of Article 8 of the Law of the Republic of Kazakhstan “On Special Protected Natural Areas” dated July 7, 2006 (hereinafter - Law) and determine the procedure for amateur (sport) fishing, meliorative fishing, research fishing, fishing for reproductive purposes on water bodies, which are part of natural areas of preferential protection with the status of a legal entity.

      2. The following basic concepts are used in these Rules:

      1) amateur (sport) fishing - fishing of fish resources and other aquatic animals in order to meet sport and aesthetic needs, sport competitions, as well as for personal consumption of the caught products, carried out by means of fishing gears that allow only piece-by-piece fishing (non-target gears);

      2) fishing - catching of fish and other aquatic animals;

      3) fisher - a natural person who has acquired the right for amateur (sport) fishing;

      4) mass fish mortality - mass death of fish resources and other aquatic animals, caused by violation of hydrochemical and other regimes of the reservoir and (or) area;

      5) a water body and (or) area with threat of mass fish mortality - fishery pond and (or) area subject to periodic mass fish mortalities;

      6) fish migration - mass transfer of fish from one habitat to another;

      7) research fishery - fishery of fish resources and other aquatic animals for the purpose of scientific research in the field of protection, reproduction and use of fauna;

      8) complete catching - withdrawal of the entire commercial stock of fish resources and other aquatic animals in a water body or withdrawal of the commercial stock of individual species or ecological groups of fish. Total catch may be used as ameliorative fishing and for research purposes;

      9) meliorative fishing - catching of fish resources and other aquatic animals, including complete catching, catching of low value fish species, catching in water bodies and (or) areas with threat of mass fish mortality, aimed at increasing fish productivity of water bodies, preservation of fish resources and other aquatic animals and improvement of their habitat and breeding conditions;

      10) fishing for reproductive purposes - catching of fish resources and other aquatic animals for the purpose of their reproduction;

      11) nature conservation institutions - state nature reserves, state national nature parks, state nature reserves, state regional nature parks established in the legal form of a state institution;

      12) spawning - the process of hatching of mature eggs by fish and their subsequent fertilization;

      13) water bodies - water bodies or their parts (rivers and equivalent channels, lakes, wetlands, reservoirs, ponds and other inland water bodies, territorial waters), as well as sea waters that are or may be used for fishing, breeding and rearing of fish resources and other aquatic animals or are important for reproduction of their stocks.

      3. A permit for amateur (sport) fishing, meliorative fishing, research fishing, fishing for reproductive purposes (hereinafter - permit) shall be issued by a environmental institution in the form pursuant to Annex 1 to these Rules and be registered with the numbered, sewn and sealed issuing permits register of the environmental institution in the form in compliance with Annex 2 to these Rules. The permit shall be numbered and be a strictly accountable document.

      4. The environmental institution shall refuse to issue permits on the following grounds:

      1) establishment of unreliability of documents, and (or) data (information) contained therein;

      2) there is an effective court decision (sentence) prohibiting the activities or separate types of activities requiring the permits in relation to the recipient;

      3) there is an enforceable court decision in relation to the recipient, on the basis of which the recipient is deprived of the special right to receive permits.

      5. Fishing on water bodies of natural areas of preferential protection shall be divided into the following types:

      1) amateur (sport) fishing;

      2) meliorative fishing;

      3) research fishing;

      4) fishing for reproductive purposes.

Chapter 2. Procedures for amateur (sport) fishing

      6. Individuals shall submit the following documents in order to receive permits:

      1) a free-form application in duplicate;

      2) an identity document (for verification).

      7. The application shall be accepted and the permit shall be issued through the chancellery of the environmental institution.

      The permit shall be issued within 30 minutes.

      8. Amateur (sport) fishing shall be carried out with all types of fishing rods (lines, dip rods, minnows, spinning rods) with up to five hooks per fisher, spearfishing guns, nets, mormys, nets and sinkholes with up to three hooks per fisher.

      9. Amateur (sports) fishing shall also be carried out with the subsequent release of the caught fish into the natural environment in live form.

      10. Amateur (sport) fishing on water bodies shall be carried out by natural persons in possession of identity documents and fishing permits.

      11. The fishing permit shall be issued for a period of up to seven calendar days, the amount of fish caught per permit - not more than five kilograms.

      12. In case of loss or damage of the permit, the fisher shall receive a duplicate permit. Within one working day from the day of submission of the application, the environmental institution shall issue the duplicate permits with the inscription "duplicate" in the upper right corner and indication of the date of the first permit issue and the date of its renewal.

      13. At the checkpoint, the fishers shall provide the catch of fish and other aquatic animals to the employee of the environmental institution for the correspondence of the issued angling permit.

      14. The employee of the environmental institution shall fill in the respective columns of the permit table and enter information on the amount and species of caught fish, and shall certify it by his/her signature. This mark shall be the basis for taking the fish away.

Chapter 3. Procedures for meliorative fishing

      15. Natural persons and legal entities shall submit the following documents in order to receive fishing permits:

      1) a free-form application in duplicate;

      2) an identity document (for verification) for individuals;

      3) a copy of the certificate or certificate of state incorporation (certificate of incorporation on re-registration) for a legal entity;

      4) a copy of the Charter of the legal entity, under which meliorative fishing is permitted.

      16. Acceptance of the application and issuance of fishing permits shall be carried out via the office of the environmental institution.

      The fishing permit shall be issued within 30 minutes.

      17. In cases of the threat of mass fish mortality, which will inevitably lead to death of fish and impossibility to eliminate such threat by carrying out current fishery amelioration of water bodies, the environmental protection institution shall make a decision on meliorative fishing based on biological justification, which received a positive conclusion of the state ecological expertise.

      18. The decision on meliorative fishing shall be documented by the order of the head of the environmental institution or his/her deputy.

      19. Meliorative fishing shall be provided by the environmental institution using permitted fishing gear, according to the List of Permitted Commercial and Non-Commercial Fishing Gear and Methods, approved by Order No. 18-04/17the Minister of Agriculture of the Republic of Kazakhstan dated January 16, 2015, registered with the Ministry of Justice of the Republic of Kazakhstan on February 17, 2015 under No. 10266 (hereinafter - the List).

      Any fishing gear included in the List of Permitted Commercial and Non-Commercial Fishing Gear and Methods shall be used for completed catching carried out as meliorative fishing.

      20. The volume of fish taken by meliorative fishing carried out as a measure against mass fish mortality shall not be included in the total volume of fish taken.

Chapter 4. Procedures for research fisheries

      21. Legal entities shall submit the following documents in order to receive a fishing permit:

      1) a free-form application in two copies;

      2) a copy of the certificate or certificate of state incorporation ( a certificate of incorporation on re-registration) of the legal entity;

      3) a copy of the statutes of the legal entity under which the research fishing is allowed.

      22. The application shall be accepted and the fishing permit shall be issued through the chancellery of the environmental protection institution.

      The fishing permit shall be issued within 30 minutes.

      23. Research fishing outside the established volume of catch shall be permitted on water bodies, where the state of fauna has not been previously evaluated.

      24. To carry out research fishing by accredited scientific organisations within the framework of the research work programme:

      1) a calendar plan and schedule of research works shall be approved;

      2) a list of fishing areas in the context of water bodies and (or) sites shall be established;

      3) a grid of stations, type, types and number of fishing gear and watercraft to be used, fishing methods shall be determined.

      25. Research fisheries shall be carried out by accredited scientific organisations at any time of the year using approved fishing gear according to the list.

      26. Research fishing during the spawning season shall be carried out in the presence of a representative of the environmental institution and with the drawing up of a separate statement (in free form), stating the results of the fishery.

Chapter 5. Procedures for fishing for reproductive purposes

      27. Natural persons and legal entities shall submit the following documents in order to receive fishing permits:

      1) a free-form application in duplicate;

      2) an identity document (for verification) for natural persons;

      3) a copy of the certificate or certificate of state incorporation (a certificate of incorporation on re-registration) of a legal entity;

      4) a copy of the statute of the legal entity whereby the fishing for reproduction purposes shall be allowed.

      28. The application shall be accepted and the permits shall be issued through the chancellery of the environmental institution.

      The permit shall be issued within 30 minutes.

      29. Fishing for reproductive purposes shall be carried out by the environmental institution based on a biological substantiation, which has received a positive opinion from the State Environmental Expertise, within the approved scope of fishing, at any time of the year and day, with all fishing gear and fishing methods in conformity with the List.

      30. In case of an initiative of the environmental institution to develop fish resources from one water body to another water body belonging to a natural area of preferential protection, the decision to fish for reproduction purposes shall be documented by an order of the head of the nature conservation establishment or his/her deputy.

      31. A fishing permit shall be required for fishing for reproductive purposes initiated by natural persons and legal entities.

      Rules for Amateur (Sport) Fishing, Meliorative Fishing, Research Fishing, Fishing for Reproductive Purposes on Water Bodies Which are Part of Natural Areas of Preferential Protection with the Status of a Legal Entity

  Annex 1
to the Rules for
Amateur (Sport) Fishing,
Meliorative Fishing,
Research Fishing, Fishing
for Reproductive Purposes
on Water Bodies Which are
Part of Natural Areas of
Preferential Protection with the
Status of a Legal Entity
  Document form

Fishing permit for amateur (sport) fishing, meliorative fishing, research fishing, fishing for reproductive purposes

_______________________________
(Name of institution) of the Forestry and Wildlife Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan
COUNTERFOIL No. _____
Republican State Enterprise
_________________________
Issued to: _____________
_________________________
(full name)/
organisation name)
Quantity _____
(kilogram)
Fish species_____________
Water body and section name________________
Vehicle ________________
(type, make, number plate)
Validity:
from "__" ________ 20__
to "__" _______20__
Issue date: "__" _____________20 __
I have received the fishing permit and am familiar with the rules _______________
fisher’s full name
___________________________________
__________________________
(signature)
Permit issued by:______________
(full name)
__________________________
(signature)

_______________________
(Name of institution) of the Forestry and Wildlife Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan
FISHING PERMIT No. _____
Republican State Enterprise
_________________________
Issued to: _____________
_________________________ _______________
___________________________
(full name)/ organisation name)
Quantity _____
(kilogram)

Fish species _________________
Water body and section name __________________
Vehicle ________________
(type, make, number plate)
Validity:
From "__" ____________ 20__ to "__" ___________ 20__
Issue date: "__" _____________ 20 __
The vehicle was inspected at the entrance to the area by a state inspector:
__________________________
(full name)
__________________
(signature)
Control of the volume of fish caught at the exit from the area was carried out by a state inspector
_______________________ (full name)
__________________
(signature)

The reverse side
FISHING PERMIT
Information on fish caughtя о вылове рыбы

Date

Fish species

Quantity (kilogram)








TOTAL:



State Inspector
________________________
(full name)
____________________
(signature)

  Annex 2
to the Rules for
Amateur (Sport) Fishing,
Meliorative Fishing,
Research Fishing, Fishing
for Reproductive Purposes
on Water Bodies Which are
Part of Natural Areas of
Preferential Protection with the
Status of a Legal Entity
  Document form

Issuing fishing permits register for amateur (sport) fishing, meliorative fishing, research fishing, fishing for reproduction purposes

No. s/o

Fisher’s full name

Fisher’s residential address

Fishing permit issue date:

Fishing permit number

Fishing permit validity period

1

2

3

4

5

6

      Table continued

Name of water body and section

Fish species

Number

The person in control of fishing (full name)

Signatures

Pieces

Kilogram

Official who issued the permit

Recipient of the fishing permit

7

8

9

10

11

12

13


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