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

Updated 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 accordance with subparagraph 6-1) of Article 8 of the Law of the Republic of Kazakhstan "On Specially Protected Natural territories", I ORDER:

      Footnote. The preamble is in the wording of the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

      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
№ 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 the implementation of amateur (sports) fishing, reclamation fishing, scientific research fishing, fishing for reproductive purposes on water bodies that are part of specially protected natural territories with the status of a legal entity (hereinafter - the Rules) have been developed in accordance with subparagraph 6-1) of Article 8 of the Law of the Republic of Kazakhstan "On Specially Protected Natural Territories" (more – The Law) and determine the procedure for the implementation of amateur (sports) fishing, reclamation fishing, scientific research fishing, fishing for reproductive purposes on water bodies that are part of specially protected natural territories with the status of a legal entity.

      Footnote. Paragraph 1 - as amended by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

      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 (sports) fishing, reclamation fishing (hereinafter referred to as a permit) is issued by an environmental institution in accordance with Annex 1 to these Rules and is registered in a numbered, laced and sealed with the seal of an environmental institution in the journal of issuing permits in accordance with Annex 2 to these Rules. The voucher is numbered and is a document of strict accountability.

      Footnote. Paragraph 3 - as amended by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

      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. The issuance of a voucher is carried out through service software products that provide electronic purchase and formation of a voucher (hereinafter referred to as the service).

      Footnote. Paragraph 6 - as amended by the Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated 13.05.2024 № 99 (effective ten calendar days after the date of its first official publication).

      7. The voucher is issued through the service in the form of an electronic document.

      Footnote. Paragraph 7 - as amended by the Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated 13.05.2024 № 99 (effective ten calendar days after the date of its first official publication).

      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 permit is issued for a period of up to seven calendar days, and the volume of fish catch is no more than five kilograms per angler per day.

      Footnote. Paragraph 11 - as amended by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).
      12. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).
      13. Excluded by Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).
      14. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

Chapter 3. Procedures for meliorative fishing

      15. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).
      16. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

      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 № 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 № 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. Scientific research is carried out by legal entities accredited as subjects of scientific and (or) scientific and technical activities, in accordance with the procedure established by the Decree of the Government of the Republic of Kazakhstan dated June 8, 2011 № 645 "On approval of the Rules for Accreditation of subjects of scientific and (or) scientific and technical activities.

      Footnote. Paragraph 21 - as amended by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).
      22. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

      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. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).
      28. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

      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. Excluded by the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 13.01.2022 № 8 (effective ten calendar days after the date of its first official publication).

  Appendix 1 to the Rules
  of Fishing for the implementation
  of amateur (sports)
  fishing, reclamation fishing,
  scientific research fishing,
  fishing for reproductive purposes
  on water bodies that are part
  of specially protected
  natural territories
  with the status
  of a legal entity


A permit for the implementation of amateur (sports) fishing, reclamation fishing, research fishing, fishing for reproductive purposes

      A footnote. Appendix 1 - as amended by the Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated 13.05.2024 № 99 (effective ten calendar days after the date of its first official publication).

________________________
(name of the institution)
Committee of Forestry and Wildlife of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan
SPINE № _____
Republican State institution
"___________________"
To whom it was issued
_________ ____________________
( Full name, (if any)/
name of the organization)
One-time/seasonal _______________
The cost of the tour _______ tenge
Quantity _____ (kilogram)
Type of fish ___________
The name of the reservoir and the site ____________________________
Transport
____________ ___________________
(type, brand, state license plate)
Validity period:
from "__" ________ 20__ years
by "__" _______20__ year
Date of issue: "__" __________ 20 __ year
I have received a ticket and I am familiar with the Rules _______________
Full name of the fisherman
_________________
(if available)
__________________
(signature)
I gave you a ticket ______________
( Full name, if any)
_________________
( signature)

________________________
(name of the institution)
Committee of Forestry and Wildlife of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan
VOUCHER № _____
Republican State institution
"______________________________________"
To whom it was issued
_______________ _______________________
( Full name, (if any)/
name of the organization)
One-time/seasonal __________
The cost of the tour _______ tenge
Quantity ______(kilogram)
Type of fish _________________
The name of the reservoir and the site
_________________________
Transport ________________
(type, brand, state
license plate)
Validity period:
from "__" ____________ 20__ years
by "__" ___________ 20__ year
Date of issue "__" ________ 20 __ year
The inspection of vehicles at the entrance to the territory was carried out by a state inspector
_______________________
( Full name (if any)
_______________
( signature)
The control of the volume of fish catch at the exit (exit) from the territory was carried out by the state inspector
_______________________
( Full name (if any)
______________
(signature)

The flip side
TRAVEL PACKAGE
Information about fishing

Date

Type of fish

Quantity (kg)








total:



State Inspector
________________________
(Full name (if any)
____________
(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

№ 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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