The Russian Federation in the exclusive economic zone carries out. Exclusive economic zone - what is it? Chapter iv
1. The exclusive economic zone of the Russian Federation (hereinafter referred to as the exclusive economic zone) is a marine area located outside the territorial sea of \u200b\u200bthe Russian Federation (hereinafter - the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation Federation and international law.
The definition of an exclusive economic zone also applies to all islands of the Russian Federation, with the exception of rocks, which are not suitable for maintaining human life or for carrying out independent economic activities.
2. The internal border of the exclusive economic zone is the external border of the territorial sea.
3. The external border of the exclusive economic zone is 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, unless otherwise provided by international treaties of the Russian Federation.
Judicial practice under Article 1 of the Federal Law of December 17, 1998 No. 191-FZ
Decree of December 11, 2018 in Case No. A33-9567 / 2018
Arbitration Court of the East Siberian District (FAS ВСО)
The consideration of the cassation appeal did not establish the grounds provided for in article 288 of the APC of the Russian Federation to cancel the judicial act, as a result of which the decision of the Third Arbitration Court of Appeal, by virtue of clause 1 of part 1 of article 287 of the APC of the Russian Federation, must be left unchanged. Pursuant to Articles 274, 286-289 of the Arbitration Procedure Code of the Russian Federation, the Arbitration Court of the East Siberian District DECIDED: The order ...
Decision of December 5, 2018 in case No. A40-213528 / 2018
A non-profit organization having the status of a self-regulatory organization, based on the membership of persons carrying out construction or preparation of project documentation or performing engineering surveys and complying with the requirements established by parts 1 - 2 of article 55.4 of the Code, was obliged to form a compensatory statement no later than 01.07.2017 compensation fund in accordance with part 10 ...
Decision of December 5, 2018 in case No. A40-201307 / 2018
Moscow Arbitration Court (AC of Moscow)
An applicant from the register of self-regulating organizations before the deadline for eliminating violations established in the order of 07/19/2018 is unreasonable in view of the following. As follows from paragraph 2. 1. 1 . Conclusions NOSTROY, this conclusion was drawn up in accordance with part 11 of article 55.19 of the Civil Code of the Russian Federation on the basis of an appeal from Rostekhnadzor dated July 20, 2018 No. 09-01-04 / 6671. Indicated ...
Decision of November 28, 2018 in case No. A40-232457 / 2018
Moscow Arbitration Court (AC of Moscow)
Having examined the case materials, examined the evidence, after hearing the arguments of the representatives of the parties, the arbitral tribunal found that the stated requirements should be satisfied on the following grounds. In accordance with part 1 of Article 198 of the APC of the Russian Federation, citizens, organizations and other persons are entitled to apply to the arbitration court with a statement declaring invalid non-normative legal acts, illegal decisions and actions (inaction) ...
Decision of November 13, 2018 in case No. A51-15564 / 2018
Arbitration Court of Primorsky Krai (AS of Primorsky Krai)
A fine of 200,000 rubles. is unreasonably punitive in nature, in connection with which, asks to apply the provisions of paragraphs 3.2 and 3.3 of article 4. 1 of the Administrative Code of the Russian Federation and reduce the administrative fine below the lower limit. The administrative authority submitted a response to the statement in which the applicant’s claim was not recognized, considers that the materials of the audit confirm that ...
Decision of November 6, 2018 in case No. A40-222177 / 2018
Moscow Arbitration Court (AC of Moscow)
Justified and does not violate the rights and legitimate interests of the Applicant. In view of the foregoing, the court considers that the stated requirements are not subject to satisfaction. Based on the foregoing, Article.Article 1 . 5, 2. 1, 7. 1, 2.9, 4.5, 16. 1 h. 3, 24. 1, 25. 1, 25.4, 26. 1 - 26.3, 28.2, 28.7, ...
Decision No. 12-51 / 2018 of October 29, 2018 in Case No. 12-51 / 2018
Lazovsky District Court (Primorsky Krai) - Administrative Offenses
The representative of the administrative authority, being duly notified of the date, time and place of the hearing, did not appear. Taking into account the foregoing and guided by paragraph 4 of Part 1 of Art. 30.6 Administrative Code, I believe it is possible to consider the complaint in the absence of no-shows. Having examined the arguments of the complaint and the materials of the administrative case, I come to the following conclusions. Article ...
Decree of October 26, 2018 in case No. A40-51703 / 2018
Ninth Arbitration Court of Appeal (9 AAC)
The conclusion about the lack of a set of necessary conditions to satisfy the stated requirements. Refusing to satisfy the stated requirements, the trial court lawfully was guided by the following. In accordance with Part 2. 1 Article. 1 of the Federal Law of December 1, 2007 No. 315-ФЗ “On Self-Regulating Organizations”, features of self-regulation in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of facilities ...
Federal Law of December 17, 1998 No. 191-ФЗ On the Exclusive Economic Zone of the Russian Federation
(extract)
Article 1. Definition and boundaries of the exclusive economic zone of the Russian Federation
1. The exclusive economic zone of the Russian Federation (hereinafter referred to as the exclusive economic zone) is a marine area located outside the territorial sea of \u200b\u200bthe Russian Federation (hereinafter - the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation Federation and international law.
The definition of an exclusive economic zone also applies to all islands of the Russian Federation, with the exception of rocks, which are not suitable for maintaining human life or for carrying out independent economic activities.
- 2. The internal border of the exclusive economic zone is the external border of the territorial sea.
- 3. The external border of the exclusive economic zone is 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, unless otherwise provided by international treaties of the Russian Federation.
Article 4. Basic concepts
1. For the purposes of this Federal Law, the following basic concepts apply:
natural resources of the exclusive economic zone - aquatic biological resources and non-living resources located in the waters covering the seabed, on the seabed and in its bowels;
aquatic biological resources (living resources) of the exclusive economic zone (hereinafter - aquatic biological resources) - fish, aquatic invertebrates, aquatic mammals, algae, other aquatic animals and plants that are in a state of natural freedom, with the exception of living organisms of "sedentary species" of the seabed and its subsoil, the use of which is regulated by the Federal Law of November 30, 1995 No. 187-FZ “On the Continental Shelf of the Russian Federation”;
non-living resources of the exclusive economic zone (hereinafter also referred to as non-living resources) —the mineral resources of waters covering the seabed, including the chemical elements and their compounds contained in sea water, the energy of tides, currents and wind, and other possible types of non-living resources;
marine scientific research in the exclusive economic zone (hereinafter - marine scientific research) - fundamental or applied research and experimental work carried out for these studies aimed at gaining knowledge on all aspects of natural processes occurring on the seabed and in its bowels, in the water column and the atmosphere;
marine resource research in the exclusive economic zone (hereinafter - marine resource research) - applied research aimed at the exploration, development and conservation of natural resources of the exclusive economic zone;
harmful substance - a substance that, when released into the marine environment, can create a danger to human health, damage the environment, including the marine environment and natural resources of the exclusive economic zone, worsen recreational conditions or interfere with other types of legitimate use of the sea, as well as a substance, subject to control in accordance with international treaties of the Russian Federation;
discharge of harmful substances or effluents containing such substances (hereinafter referred to as the discharge of harmful substances) - any discharge from ships and other floating equipment (hereinafter referred to as the vessel), aircraft, artificial islands, installations and structures, for whatever reasons it may be caused, including any leakage, disposal, spillage, leakage, pumping, discharge, or emptying; the discharge of harmful substances does not include the release of harmful substances that occurs directly as a result of exploration, development and related processes of processing in the sea the mineral resources of the continental shelf of the Russian Federation, as well as the discharge of harmful substances for conducting legitimate scientific research in order to combat pollution or control it;
pollution of the marine environment - the introduction by a person, directly or indirectly, of substances or energy into the marine environment, which leads or can lead to such detrimental consequences as harm to aquatic life and life in the sea, creating a danger to human health, creating obstacles to activities at sea, including for fishing and other legitimate uses of the sea, a decrease in the quality of sea water used and the deterioration of recreation
burial - any deliberate disposal of waste or other materials from ships, aircraft, artificial islands, installations and structures, as well as any deliberate destruction of ships, aircraft, artificial islands, installations and structures; landfill is not considered to be the disposal of waste or other materials inherent or resulting from the normal operation of ships, aircraft, artificial islands, installations and structures, with the exception of waste or other materials transported by ships, aircraft, installations and structures that are operated for the disposal of materials, or transported to such ships, aircraft, artificial islands, installations and structures, as well as with the exception of those that are res ultatom processing of such waste or other materials on such ships, aircraft, artificial islands, installations and structures; placement of materials for purposes other than their simple removal, provided that this does not contradict the purposes of this Federal Law and international treaties of the Russian Federation;
artificial islands - permanently fixed in accordance with the project documentation for their creation at the location in the exclusive economic zone of the Russian Federation, objects (artificially constructed structures) having alluvial, bulk, pile and (or) other non-floating support bases protruding above the surface of the water at the maximum the tide;
installations, structures - flexibly or permanently fixed in accordance with the project documentation for their creation at the location in the exclusive economic zone of the Russian Federation, stationary and floating (mobile) drilling rigs (platforms), offshore floating (mobile) platforms, offshore stationary platforms and other objects as well as underwater structures (including wells).
Article 5. Rights of the Russian Federation in the exclusive economic zone
- 1. The Russian Federation in the exclusive economic zone carries out:
- 1) sovereign rights for the exploration, development and conservation of aquatic biological resources and non-living resources and the management of such resources, as well as in relation to other types of economic exploration and development of an exclusive economic zone;
- 2) sovereign rights for the exploration of the seabed and its subsoil and the development of mineral and other non-living resources, as well as the development of aquatic biological resources related to the “sedentary species” of the seabed and its subsoil. Geological study, search, exploration and development of mineral and other non-living resources of the seabed and its subsoil, as well as the development of aquatic biological resources related to “sedentary species”, are carried out in accordance with the Law of the Russian Federation “On Subsoil”, the Federal Law of December 20, 2004 of the year No. 166-ФЗ “On fishing and the conservation of aquatic biological resources” (hereinafter - the Federal Law “On fishing and the conservation of aquatic biological resources”), the Federal Law “On the Continental Shelf of the Russian Federation”, and other federal and the laws applicable to the exclusive economic zone and activities therein;
- 3) the exclusive right to authorize and regulate drilling operations on the seabed and in its bowels for any purpose. Drilling operations for any purpose are carried out in accordance with the Federal Law “On the Continental Shelf of the Russian Federation”;
- 4) the exclusive right to construct, as well as permit and regulate the creation, operation and use of artificial islands, installations and structures. The Russian Federation exercises jurisdiction over such artificial islands, installations and structures, including jurisdiction over customs, fiscal, sanitary and immigration laws and regulations, as well as laws and regulations regarding safety. Creation, operation and use of artificial islands, installations and structures in the exclusive economic zone are carried out in accordance with the Federal Law “On the Continental Shelf of the Russian Federation”;
- 5) jurisdiction over:
marine scientific research;
protection and preservation of the marine environment from pollution from all sources;
laying and operation of submarine cables and pipelines of the Russian Federation. The laying of submarine cables and pipelines of the Russian Federation, as well as the laying of submarine cables and pipelines of foreign states in the exclusive economic zone shall be carried out in accordance with the Federal Law “On the Continental Shelf of the Russian Federation”;
- 6) other rights and obligations provided for by international treaties of the Russian Federation.
- 2. The Russian Federation exercises sovereign rights and jurisdiction in the exclusive economic zone, guided by economic, trade, scientific and other interests, in the manner determined by this Federal Law and international treaties of the Russian Federation.
- 3. The Russian Federation, exercising sovereign rights and jurisdiction in the exclusive economic zone, shall not impede the implementation of shipping, flights, other rights and freedoms of other states recognized in accordance with generally recognized principles and norms of international law.
Article 6. Rights and obligations of other states in the exclusive economic zone
- 1. In the exclusive economic zone, all states enjoy the freedom of navigation and flights, the laying of submarine cables and pipelines, as well as other legitimate views of international law from the use of the sea relating to these freedoms associated with the operation of ships, aircraft and submarine cables and pipelines.
- 2. These freedoms are exercised subject to compliance with this Federal Law and international treaties of the Russian Federation, as well as subject to the protection and preservation of the environment, including the marine environment and natural resources of the exclusive economic zone.
Article 124. Rights and obligations of persons engaged in fishing in the exclusive economic zone
- 1. Persons engaged in fishing in the exclusive economic zone have the right to harvest (catch) aquatic biological resources, as well as in the cases provided for by the Federal Law “On Fisheries and the Conservation of Aquatic Biological Resources”, accept, process, reload, transport, store and unload catches of aquatic biological resources, production of fish and other products from aquatic biological resources.
- 2. Persons referred to in paragraph 1 of this article shall:
- 1) comply with the fishing rules and other requirements established in accordance with the legislation of the Russian Federation, as well as comply with the conditions for fishing and the conservation of aquatic biological resources contained in decisions of public authorities and agreements, on the basis of which the right to harvest (catch) aquatic biological resources, permits for the extraction (catch) of aquatic biological resources and permits for marine resource research on aquatic biological resources;
- 2) prevent disturbance of the habitat of aquatic biological resources;
- 3) prevent the unlawful acclimatization of aquatic biological resources;
- 4) comply with the requirements of the quarantine regime;
- 5) to provide unhindered access to the vessel by officials of security bodies;
- 6) to ensure, at the expense of the applicant, optimal conditions for the work of officials of security bodies;
- 7) to submit freely and freely reporting materials on the timing, types and areas of harvesting (catch) of aquatic biological resources, on catches of aquatic biological resources, including information on the quantity, quality and types of catches of aquatic biological resources loaded onto other vessels or loaded from other vessels, fish of products and other products from aquatic biological resources, on the quantity, quality and types of catch of aquatic biological resources discharged or shipped at foreign ports, fish products and other products from aquatic biological resources, will be executed by the federal authorities Flax power defined by the President of the Russian Federation, the Russian Federation Government;
- 8) regularly communicate with the coastal services of the Russian Federation and, if the necessary equipment is available, transmit, on the main international synoptic dates, to the nearest radio meteorological center of the Russian Federation, operational data of meteorological and hydrological observations in accordance with standard procedures of the World Meteorological Organization, as well as emergency information on visually marked marine pollution;
- 9) keep a logbook in accordance with the form established by the federal executive body authorized by the Government of the Russian Federation;
- 10) have special identification marks;
- 11) mark the fixed implements for the extraction (catch) of aquatic biological resources from both ends with the name of the vessel (for a foreign vessel - the country of the shipowner), the number of the permit for the extraction (catch) of aquatic biological resources and the serial number of the instrument for the extraction (catch) of aquatic biological resources.
- 3. Foreign vessels fishing in the exclusive economic zone are also required to:
- 1) to submit to the federal executive bodies, respectively determined by the President of the Russian Federation, the Government of the Russian Federation, by fax or telegraph daily information about each entry into the area for authorized fishing and exit from the specified area with mandatory passage of control points upon entry and exit;
- 2) daily inform the security authorities about the whereabouts of the vessels when fishing or when catching aquatic biological resources from other vessels;
- 3) carry out fishing only in the presence of an official of the protection bodies and under his control;
- 4) ensure free delivery of security officials to and from the place of fishing and the use of radio communications, as well as bear all expenses for the maintenance, placement and full provision of security officers from the moment they arrive on the ship and until the moment they leave the ship on an equal basis command (leading) composition of the vessel;
- 5) submit to the federal executive body authorized by the Government of the Russian Federation, by fax or telegraph daily, weekly and monthly information on the results of fishing.
- 4. Russian courts and foreign courts in the exclusive economic zone and beyond its borders are prohibited from exercising not stipulated by decisions of state authorities and agreements, on the basis of which there is a right to harvest (catch) aquatic biological resources, permits to harvest (catch) aquatic biological resources and permits to conducting marine resource research of aquatic biological resources loading, unloading or transhipment of catches of aquatic biological resources, fish products and other products from aquatic biological resources.
- 5. Loading, unloading, transshipment of catches of aquatic biological resources, fish products and other products from aquatic biological resources shall be carried out in the presence of an official of the protection body.
Article 14. Features of the rational use and conservation of transzonal and transboundary fish species
- 1. In the event that the same (same) stock (s) of transzonal fish species is found (are) in the exclusive economic zone of the Russian Federation and in the exclusive economic zones of other coastal states, the Russian Federation shall cooperate with these states directly or through competent international organizations in order to preserve and increase such (such) stock (s).
- 2. In the event that the same (same) stock (stocks) of transboundary fish species is found (are) both in the exclusive economic zone of the Russian Federation and in the area outside and adjacent to it, the Russian The Federation, directly or through competent international organizations, cooperates with the states that prey (catch) such transboundary fish species in an area adjacent to the exclusive economic zone of the Russian Federation in order to preserve such (such) stock (s) in the specified area not including concludes with the States, international treaties on these matters.
Article 15. Principles of rational use and conservation of anadromic, catadromic, far migratory species of fish and marine mammals
- 1. The Russian Federation, which is primarily interested in the stocks of anadromous fish species that are formed in its rivers, lakes and other water bodies, is primarily responsible for the stocks of these fish species in their entire habitat and ensures their conservation by regulating fishing carried out only in waters towards the coast from the external borders of the exclusive economic zone of the Russian Federation.
- 2. The Russian Federation shall cooperate with interested states to conclude international treaties in order to preserve stocks of anadromous fish species outside its exclusive economic zone and shall ensure the implementation of the rules established by such international treaties.
- 3. The Russian Federation is responsible for managing stocks of catadromous fish species and provides migratory fish with access to and exit from the exclusive economic zone. Catadromous fish species are caught (caught) only in waters toward the coast from the external borders of the exclusive economic zone in accordance with this Federal Law.
- 4. The Russian Federation cooperates with states through which the catadromous fish species migrate through the exclusive economic zone to conclude an international treaty with a view to the rational management of catadromous fish stocks, including fishing, and ensures the implementation of the rules established by such an international treaty.
- 5. The Russian Federation cooperates with interested states to conclude international treaties in order to ensure the rational use and conservation of highly migratory fish species throughout their habitat, including outside its exclusive economic zone.
- 6. The Russian Federation, in order to conserve, study and manage marine mammals stocks in the exclusive economic zone, cooperates with interested states directly or through relevant international organizations. The Government of the Russian Federation, in order to preserve and restore populations of marine mammals and in other necessary cases, may establish stricter regimes for restricting or regulating the fishing of marine mammals in the exclusive economic zone, up to the prohibition of fishing for certain species of marine mammals, subject to international treaties of the Russian Federation.
- 7. If the international treaties of the Russian Federation referred to in paragraph 2 of this article are not complied with by Russian and foreign applicants and if the stocks of anadromous fish species in their entire habitat are at serious risk, the Russian Federation, by agreement with other interested states, has the right to declare a moratorium on production of anadromous species of fish throughout their habitat. Relevant information on the introduction of a moratorium is sent to interested states and competent international organizations.
Article 16. Features of exploration and development of non-living resources, marine resource research of non-living resources
- 1. The exploration and development of non-living resources, marine resource studies of non-living resources are carried out on the basis of appropriate licenses, permits issued by federal executive bodies authorized by the Government of the Russian Federation.
- 2. The conditions and procedure for issuing the specified license, its contents, the period for which the license is granted, the rights and obligations of license users, requirements for the safe conduct of work, the grounds for termination of the license, antitrust requirements and production sharing conditions are regulated by the Federal Law “On the Continental Shelf” Russian Federation ”, the Law of the Russian Federation“ On Subsoil ”, the Federal Law“ On Production Sharing Agreements ”and international treaties of the Russian Federation.
- 3. The conditions provided to foreign citizens and foreign legal entities, foreign states and competent international organizations cannot be more favorable than the conditions provided to citizens of the Russian Federation and Russian legal entities.
Article 28. State environmental supervision in the exclusive economic zone of the Russian Federation
- 1. State environmental supervision in the exclusive economic zone of the Russian Federation is a system of measures for the prevention, detection and suppression of violations of the requirements of international treaties of the Russian Federation and the legislation of the Russian Federation in the field of environmental protection.
- 2. State environmental supervision in the exclusive economic zone of the Russian Federation is carried out by the authorized federal executive body in the exercise of federal state environmental supervision in the manner prescribed by the legislation of the Russian Federation.
Article 29. State monitoring of the exclusive economic zone
- 1. State monitoring of the exclusive economic zone (hereinafter referred to as state monitoring), which is an integral part of state environmental monitoring (state environmental monitoring), is a system of regular observations, assessments and forecasts of the state of the marine environment and bottom sediments, including observations of chemical and radioactive contamination, microbiological and hydrobiological parameters and their changes under the influence of natural and anthropogenic factors .
- 2. State monitoring is carried out by federal executive bodies authorized by the Government of the Russian Federation in the manner established by the legislation of the Russian Federation.
Article 30. Discharge of harmful substances
- 1. The requirements for the prevention, reduction and control of pollution from ships, aircraft, artificial islands, installations and structures operating within the territorial sea and inland waters of the Russian Federation, this Federal Law applies to the exclusive economic zone, taking into account international norms and standards and international treaties of the Russian Federation.
- 2. The list of harmful substances, the discharge of which in the exclusive economic zone from ships, other floating equipment, aircraft, artificial islands, installations and structures is prohibited, the limits of permissible concentrations of harmful substances, the discharge of which is allowed only during normal operation of ships, other floating means, aircraft, artificial islands, installations and structures, and the conditions for the discharge of harmful substances are established by the Government of the Russian Federation taking into account international treaties Federation and are published in the Notices to Mariners.
Section 31. Marine Accidents
If a collision of ships, landing of a ship aground, a sea accident during the exploration and development of natural resources of the exclusive economic zone or another sea accident that occurred in the exclusive economic zone, or actions to eliminate the consequences of such accidents led or can lead to serious harmful consequences, the Government of the Russian Federation in accordance with international law, is entitled to take the necessary measures commensurate with actual or impending damage in order to protect the coast of the Russian Federation and or any related interests (including fishing) from pollution or the threat of pollution.
Section 32. Protection and Preservation of Ice-Covered Areas
For areas that are within the exclusive economic zone and where particularly harsh climatic conditions and the presence of ice covering such areas for most of the year create obstacles or increased danger to navigation, and pollution of the marine environment can cause serious harm to the ecological balance or irreversibly violate it, the Russian Federation in order to prevent, reduce and control pollution of the marine environment may adopt federal laws and other regulatory acts Avov acts and ensure their compliance. Federal laws and other regulatory legal acts take into account shipping, protection and conservation of the marine environment and natural resources of the exclusive economic zone on the basis of the most reliable scientific data available. The boundaries of such areas are published in the Notices to Mariners.
Section 33. Protection and Preservation of Special Areas
For certain areas of the exclusive economic zone, where, for recognized technical reasons relating to the oceanographic and environmental conditions of these areas and the specifics of transportation, it is necessary to adopt special mandatory methods to prevent pollution from ships with oil, toxic liquid substances and garbage, subject to the necessary international procedures and international treaties The Russian Federation may adopt federal laws and other regulatory legal acts to prevent, reduce and preserve Nia control of marine pollution. The boundaries of such areas are published in the Notices to Mariners.
Article 40. Responsibility for Violations of this Federal Law
- 1. Persons guilty of violation of this Federal Law shall be liable in accordance with the legislation of the Russian Federation.
- 2. Holding liable for violation of this Federal Law does not release the guilty persons from the obligation to compensate for the damage in the manner prescribed by the legislation of the Russian Federation.
It does not work Edition from 17.12.1998
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FEDERAL LAW dated 17.12.98 N 191-ФЗ "ON THE EXCLUSIVE ECONOMIC ZONE OF THE RUSSIAN FEDERATION"
This Federal Law determines the status of the exclusive economic zone of the Russian Federation, the sovereign rights and jurisdiction of the Russian Federation in its exclusive economic zone and their implementation in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation. Issues related to the exclusive economic zone of the Russian Federation and activities in it that are not provided for by this Federal Law shall be governed by other federal laws applicable to the exclusive economic zone of the Russian Federation and activities in it.
Chapter I. General Provisions
1. The exclusive economic zone of the Russian Federation (hereinafter referred to as the exclusive economic zone) is a marine area located outside the territorial sea of \u200b\u200bthe Russian Federation (hereinafter - the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation Federation and international law.
The definition of an exclusive economic zone also applies to all islands of the Russian Federation, with the exception of rocks, which are not suitable for maintaining human life or for carrying out independent economic activities.
2. The internal border of the exclusive economic zone is the external border of the territorial sea.
3. The external border of the exclusive economic zone is 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, unless otherwise provided by international treaties of the Russian Federation.
The delimitation of the exclusive economic zone between the Russian Federation and the states whose coasts are opposite the coast of the Russian Federation or are adjacent to the coast of the Russian Federation is carried out in accordance with international treaties of the Russian Federation or generally recognized principles and norms of international law.
1. Lines of external borders of the exclusive economic zone or substitutes for them, approved by the Government of the Russian Federation lists of geographic coordinates of points indicating the basic geodetic data and delimitation lines defined by international treaties of the Russian Federation or based on generally recognized principles and norms of international law, are indicated on maps of the established scale and published in Notices to Mariners.
2. The formation of a data bank on the external border of the exclusive economic zone is carried out by the federal executive body specially authorized by the Government of the Russian Federation.
1. For the purposes of this Federal Law, the following basic concepts apply:
natural resources of the exclusive economic zone - living and non-living resources located in the waters covering the seabed, on the seabed and in its bowels;
living resources of the exclusive economic zone (hereinafter also referred to as living resources) - all types of fish, marine mammals, mollusks, crustaceans, as well as other aquatic biological resources, with the exception of living organisms of "sedentary species" of the seabed and its subsoil, the use of which is regulated by the Federal Law
non-living resources of the exclusive economic zone (hereinafter also referred to as non-living resources) —the mineral resources of waters covering the seabed, including the chemical elements and their compounds contained in sea water, the energy of tides, currents and wind, and other possible types of non-living resources;
anadromous species of fish - species of fish that form in rivers, lakes and other bodies of water of the Russian Federation, then migrate to the sea for feeding and return for spawning to their places of formation;
catadromous fish species - species of fish that spend most of their life cycle in the waters of the Russian Federation, including inland waters and in the territorial sea;
transboundary fish species - species of fish, mollusks and crustaceans, with the exception of living organisms of "sedentary species", as well as other living resources found both in the exclusive economic zone and in the area outside and adjacent to it, which are a single range habitat of these species of living resources;
transzonal fish species - species of fish found in the exclusive economic zone and in the adjacent exclusive economic zones of foreign states, which are the single habitat of these types of living resources;
far-migratory species - species of fish and cetaceans that can emigrate over long distances and are found in commercial clusters both in the exclusive economic zone and far beyond its borders;
harvesting of living resources - a complex process, including the search and catch (extraction) of aquatic biological resources, acceptance, processing, transportation, storage of products, their transshipment, as well as supply of fishing vessels and installations with fuel, water, food, containers and other materials;
marine scientific research in the exclusive economic zone (hereinafter referred to as marine scientific research) - fundamental or applied research and experimental work carried out for these purposes, aimed at obtaining knowledge on all aspects of natural processes occurring on the seabed and in its bowels, in the water column and the atmosphere;
marine resource research in the exclusive economic zone (hereinafter - resource research) - applied research aimed at the study, exploration and harvesting of living resources, as well as the study, exploration and development of non-living resources;
harmful substance - a substance that, when released into the marine environment, can create a hazard to human health, damage living resources, marine life, worsen recreational conditions or interfere with other types of legitimate use of the sea, as well as a substance subject to control in accordance with international treaties Russian Federation;
discharge of harmful substances or effluents containing such substances (hereinafter referred to as the discharge of harmful substances) - any discharge from ships and other floating equipment (hereinafter referred to as the vessel), aircraft, artificial islands, installations and structures, for whatever reasons it may be caused, including any leakage, disposal, spillage, leakage, pumping, discharge, or emptying; the discharge of harmful substances does not include the release of harmful substances that occurs directly as a result of exploration, development and related processes of processing in the sea the mineral resources of the continental shelf of the Russian Federation, as well as the discharge of harmful substances for conducting legitimate scientific research in order to combat pollution or control it;
pollution of the marine environment - the introduction by a person, directly or indirectly, of substances or energy into the marine environment, which leads or can lead to such detrimental consequences as harm to living resources and life at sea, creating a danger to human health, creating obstacles to activities at sea, including for fishing and other legitimate uses of the sea, a decrease in the quality of sea water used and the deterioration of recreational conditions;
burial - any deliberate disposal of waste or other materials from ships, aircraft, artificial islands, installations and structures, as well as any deliberate destruction of ships, aircraft, artificial islands, installations and structures; landfill is not considered to be the disposal of waste or other materials inherent or resulting from the normal operation of ships, aircraft, artificial islands, installations and structures, with the exception of waste or other materials transported by ships, aircraft, installations and structures that are operated for the disposal of materials, or transported to such ships, aircraft, artificial islands, installations and structures, as well as with the exception of those that are res ultatom processing of such waste or other materials on such ships, aircraft, artificial islands, installations and structures; placement of materials for purposes other than their simple removal, provided that this does not contradict the purposes of this Federal Law and international treaties of the Russian Federation.
2. The list of commercial species of living resources, including anadromous, catadromous, transboundary, transzonal, highly migratory species of fish, living organisms of "sedentary species" and species of marine mammals for individual seas and oceans, is established by a specially authorized federal executive body for fisheries in coordination with specially authorized federal executive body for environmental protection.
1. The Russian Federation in the exclusive economic zone carries out:
1) sovereign rights for the purpose of exploration, development, fishing and conservation of living and non-living resources and the management of such resources, as well as in relation to other types of economic exploration and development of an exclusive economic zone;
2) sovereign rights for the exploration of the seabed and its subsoil and the development of mineral and other non-living resources, as well as the fishing of living organisms belonging to the “sedentary species” of the seabed and its subsoil. Geological study, search, exploration and development of mineral and other non-living resources of the seabed and its subsoil, as well as the fishing of living organisms belonging to the "sedentary species", are carried out in accordance with the Law on the Continental Shelf of the Russian Federation, other federal laws, applicable to an exclusive economic zone and activities in it;
3) the exclusive right to authorize and regulate drilling operations on the seabed and in its bowels for any purpose. Drilling operations for any purpose are carried out in accordance with the Federal Law "On the Continental Shelf of the Russian Federation"
4) the exclusive right to construct, as well as permit and regulate the creation, operation and use of artificial islands, installations and structures. The Russian Federation exercises jurisdiction over such artificial islands, installations and structures, including jurisdiction over customs, fiscal, sanitary and immigration laws and regulations, as well as laws and regulations regarding safety. Creation, operation and use of artificial islands, installations and structures in the exclusive economic zone are carried out in accordance with the Federal Law "On the Continental Shelf of the Russian Federation"
5) jurisdiction over:
marine scientific research;
protection and preservation of the marine environment from pollution from all sources;
laying and operation of submarine cables and pipelines of the Russian Federation. The laying of submarine cables and pipelines of the Russian Federation, as well as the laying of submarine cables and pipelines of foreign states in the exclusive economic zone are carried out in accordance with the Federal Law "On the Continental Shelf of the Russian Federation"
6) other rights and obligations provided for by international treaties of the Russian Federation.
2. The Russian Federation exercises sovereign rights and jurisdiction in the exclusive economic zone, guided by economic, trade, scientific and other interests, in the manner determined by this Federal Law and international treaties of the Russian Federation.
3. The Russian Federation, exercising sovereign rights and jurisdiction in the exclusive economic zone, shall not impede the implementation of shipping, flights, other rights and freedoms of other states recognized in accordance with generally recognized principles and norms of international law.
4. Living and non-living resources of the exclusive economic zone are under the jurisdiction of the Russian Federation; the regulation of exploration, development (mining) of such resources and their protection are the responsibility of the Government of the Russian Federation.
1. In the exclusive economic zone, all states enjoy the freedoms of navigation and flights, the laying of submarine cables and pipelines, as well as other lawful uses of the sea from the point of view of international law related to these freedoms associated with the operation of ships, aircraft and submarine cables and pipelines .
2. These freedoms are exercised subject to compliance with this Federal Law and international treaties of the Russian Federation, as well as subject to the protection and preservation of the marine environment, living and non-living resources of the exclusive economic zone.
The competence of federal government bodies in the exclusive economic zone includes:
1) development and improvement of the legislation of the Russian Federation on the exclusive economic zone and on activities in it;
2) coordination of the activities of state authorities in relation to the exclusive economic zone and activities in it, the protection of the rights and legitimate interests of the Russian Federation in the exclusive economic zone and the protection of the marine environment, living and non-living resources;
3) determination of the strategy for the study and fishing of living resources, search, exploration and development of non-living resources, protection and preservation of the marine environment, living and non-living resources based on federal strategies, programs and plans, taking into account the conclusions of the state environmental review, and also taking into account special economic interests indigenous peoples and ethnic communities of the North and the Far East of the Russian Federation and the population in places of permanent residence in the territories adjacent to the sea coast, lifestyle whose employment and economy are traditionally based on the harvesting of living resources, federal programs and plans are drawn up with the participation of executive authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast, if these programs and plans involve the use of coastal infrastructure of the relevant constituent entities of the Russian Federation;
4) determination of the total allowable catch of living resources by catch areas (production) and types of living resources, taking into account the most reliable scientific data, provisions of international treaties of the Russian Federation and decisions of competent international organizations to which the Russian Federation is a party;
5) establishing the procedure for issuing declarations on the types and volumes of living resources caught (harvested) by Russian and foreign vessels in the exclusive economic zone, as well as on products produced from these resources;
6) the establishment, taking into account the proposals of the executive authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast, the procedure for using living resources, including the issuance of licenses (permits) for the fishing of living resources, the development and establishment of rules and norms for the rational use, conservation and reproduction of living resources ;
7) the establishment, taking into account the proposals of the executive authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast, prohibitions and restrictions on the use of living resources, as well as the establishment of rules and standards for the reproduction of living resources;
8) development and implementation of a monitoring and control system for fishing activities in the exclusive economic zone, including using space communications and radio navigation;
9) the development, together with state authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast, measures to prevent the loss of living resources during the implementation of economic or other activities and shipping;
10) providing assistance to living resources, including marine mammals, in the event of a threat to their lives in natural disasters or due to other reasons;
11) the establishment, taking into account the proposals of the executive authorities of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast, the procedure for the use of non-living resources, including the licensing procedure, and the development of relevant standards (norms and rules);
12) registration of work on the study, exploration and development of non-living resources, drawing up a federal balance of non-living resources;
13) monitoring the rational use and preservation of living and non-living resources, protecting and protecting the marine environment, living and non-living resources with the involvement of state authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast;
14) regulation of resource and marine scientific research;
15) the establishment of control points (points) and the procedure for their passage by Russian and foreign vessels participating in the harvesting of living resources and following to and from the exclusive economic zone in order to carry out control and verification activities;
16) the declaration of certain areas of the exclusive economic zone as areas within which citizens of the Russian Federation and Russian legal entities, foreign states and competent international organizations, foreign citizens and foreign legal entities will not be issued permits for marine scientific research in connection with the conduct (or planning reference) in the indicated areas of exploration and development of inanimate resources and the harvesting of living resources with the communication of geographical coordinates areas in the Notices to Mariners
17) establishing a payment system, determining the size, conditions and procedure for charging for the use of living and non-living resources;
18) regulation of the creation, operation and use of artificial islands, installations and structures for the study, search, exploration and development of non-living resources and the harvesting of living resources, conducting resource and marine scientific research, as well as for other purposes;
19) determination and regulation of the conditions for laying submarine cables and pipelines used for the exploration and development of inanimate resources or for the operation of artificial islands, installations and structures, including those brought to the territory of the Russian Federation;
20) determination of the route and laying conditions of submarine cables and pipelines in the exclusive economic zone, taking into account the laid submarine cables and pipelines and taking into account the exploration and development (harvesting) of natural resources of the exclusive economic zone;
21) conducting state environmental review, state environmental control and state monitoring of the state of the exclusive economic zone with the involvement of executive authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast;
22) maintaining the Russian State Data Fund on the state of the exclusive economic zone and the state of its living and non-living resources;
23) the establishment of a legal regime in areas of environmental emergency and environmental disaster; provision of immediate actions to eliminate the consequences of accidents leading to pollution by oil or substances other than oil;
24) establishment of environmental standards (standards) for the content of pollutants in discharges of harmful substances, as well as in waste and other materials intended for disposal in the exclusive economic zone, a list of harmful substances, waste and other materials whose discharge and burial in the exclusive economic zone are prohibited , regulation of the discharge of harmful substances and disposal of waste and other materials, as well as control of the indicated discharge and disposal;
25) protection and protection of rare and endangered species of living resources listed in the Red Book of the Russian Federation, prevention of disturbance of their habitat, breeding conditions (spawning) and migration; the creation of reserves, nature reserves, conservation areas and the establishment of other specially protected natural areas, including those adjacent to resorts, medical and recreational areas and recreation areas on the coast, as reported in the Notices to Mariners
26) ensuring, together with the state authorities of the constituent entities of the Russian Federation, the implementation of measures aimed at protecting the exclusive economic zone, its marine environment, living and non-living resources, suppressing violations of this Federal Law and international treaties of the Russian Federation, and holding accountable the perpetrators of illegal actions;
27) resolution of disputes regarding the exclusive economic zone and activities in it;
28) the conclusion and implementation of international treaties of the Russian Federation in relation to the exclusive economic zone and activities in it.
Chapter II RATIONAL USE AND SAVE LIVING RESOURCES1. Types of use of living resources are:
catch (extraction) of living resources for research and control purposes to assess the status of their stocks and to determine the total allowable catch;
catch (extraction) of living resources for their reproduction and acclimatization;
catch (extraction) of living resources for educational, cultural and educational purposes;
exploration and harvesting of living resources;
commodity cultivation of living resources;
artificial reproduction of living resources;
amateur and sports catch (extraction) of living resources.
2. The issuance of licenses (permits) for certain types of use of living resources is carried out by a specially authorized federal executive body for fishing.
3. The specially authorized federal executive body for fisheries, together with the specially authorized federal executive body for environmental protection, taking into account the proposals of the executive bodies of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast, are developing rules for fishing and other uses of living resources. These rules and the total allowable catches of living resources are approved by the Government of the Russian Federation.
4. The specially authorized federal executive body for fisheries, in consultation with the specially authorized federal executive body for defense, determines the fishing areas and terms in the exclusive economic zone for Russian vessels and notifies the federal executive body for the border service of this.
5. The specially authorized federal executive body for fisheries, in agreement with the specially authorized federal executive body for defense, the federal executive body for the border service and the federal executive body for environmental protection, determines the areas and terms of fishing in the exclusive economic zone for foreign vessels and notifies the specially authorized federal executive authority for customs.
6. The specially authorized federal executive body for fishing, taking into account the proposals of the executive bodies of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast, determines, within the limits of the total allowable catch of living resources specified in subparagraph 4 of Article 7 of this Federal Law, limits and quotas for catch (extraction) of living resources. Limits and quotas for the catch (extraction) of living resources are approved by the Government of the Russian Federation.
7. The specially authorized federal executive body for border service and the federal executive body for fisheries quarterly inform the specially authorized federal executive body for customs and the federal executive body for taxation of the results of fishing for living resources.
1. The right to use living resources is granted:
citizens of the Russian Federation and Russian legal entities (hereinafter referred to as the Russian applicants);
foreign citizens and foreign legal entities, foreign states and competent international organizations (hereinafter referred to as foreign applicants).
2. The preemptive right to use living resources shall be:
representatives of indigenous peoples and ethnic communities of the North and the Far East of the Russian Federation, whose lifestyle, employment and economy are traditionally based on the harvest of living resources;
the population of the North and Far East of the Russian Federation and the population in places of permanent residence in the territories adjacent to the sea coast, whose lifestyle, employment and economy are traditionally based on the harvesting of living resources;
russian applicants carrying out marine scientific research of a biological nature and (or) activities for the artificial reproduction of living resources;
russian applicants fishing for living resources in order to supply products for federal and regional needs.
3. Foreign applicants may use living resources for scientific, fishing and other purposes after satisfying all applications of Russian applicants, provided that Russian applicants are not able to catch the entire allowable catch of the declared species of living resources in specific fishing areas, and only in accordance with international treaties Of the Russian Federation with the states of which these foreign applicants are nationals or in which they are registered, subject to this Federal Law and international public treaties of the Russian Federation.
1. Russian and foreign applicants submit to the specially authorized federal executive body for fisheries applications for licenses (permits) for fishing for living resources, drawn up respectively in Russian and in the language of the foreign applicant.
2. An application for a license (permit) to harvest living resources must contain the following information:
information on the applicant, its material and financial capabilities, including the number of fishing vessels, legal address and guarantees, as well as on the person responsible for the harvesting of living resources;
information on the availability on the applicant’s ships of technical means of communication that ensure the automatic transfer of information about the location of the vessel in the fishery of living resources;
grounds for issuing a license (permit) (allocated quotas for Russian applicants; international treaty and allocated quotas for foreign applicants);
a specific type of fishing for living resources and a description of the means, including information on the names, tonnage, types, classes of vessels, radio equipment and fishing gear (production) that are supposed to be used in the fishing of living resources;
areas and terms of harvesting living resources, their types and quotas for the catch (extraction) of living resources by each vessel in tons;
other data related to the harvesting of living resources.
Along with this application, applicants - legal entities submit a copy of the certificate of registration of a legal entity.
3. In the application for licenses (permits) for the fishing of living resources, representatives of indigenous peoples and ethnic communities of the North and the Far East of the Russian Federation, whose lifestyle, employment and economy are traditionally based on the harvest of living resources, do not indicate that part of living resources that necessary for these peoples and communities to support the family.
4. Russian applicants also indicate in the application information on the participation in the fishery of living resources of foreign citizens or foreign legal entities, and foreign applicants indicate on the participation in the fishery of living resources of citizens of the Russian Federation or Russian legal entities.
At the same time as the application, Russian applicants submit documents issued by the relevant tax authority on registration and accrued and practically paid taxes, fees and other payments to the federal budget and extra-budgetary funds for the past calendar year.
5. A specially authorized federal executive body for fishing within one month from the date of receipt of the specified application informs the applicant about the place, time and procedure for obtaining a license (permit) for the fishing of living resources or a notice of refusal to issue it.
6. The grounds for refusing to issue a license (permit) for the fishing of living resources are:
the absence of allocated limits and quotas for the catch (extraction) of living resources;
inconsistency of the content of the application for a license (permit) for the fishing of living resources with this Federal Law;
the applicant submitted incorrect information;
failure by the applicant to provide evidence or a guarantee that he possesses or will possess the necessary financial and technical means for harvesting living resources;
violations of this Federal Law or international treaties of the Russian Federation committed by the applicant in the previous fishing season;
non-payment or untimely payment by the applicant of debt obligations, a fine and compensation for harm brought before him or imposed on him earlier;
information of the relevant tax authority on the presence of arrears of accrued taxes, fees and other payments to the federal budget and to extra-budgetary funds for the past calendar year;
the absence on the applicant’s ships of technical means of communication ensuring the transfer of information about the location of the vessel in the fishery of living resources.
7. In order to protect the economic and other legitimate interests of the Russian Federation, the Government of the Russian Federation may impose restrictions on the issuance of licenses (permits) for the fishing of living resources.
1. Licenses (permits) for the fishing of living resources within the limits and quotas allocated to Russian and foreign applicants shall be issued by a specially authorized federal executive body for fisheries with notification of specially authorized federal executive bodies for environmental protection, the federal executive bodies for border service, the federal executive authority for customs and the federal executive authority for defense.
2. Issued licenses (permits) for the fishing of living resources are subject to registration in the manner established by the Government of the Russian Federation.
3. Licenses (permits) for the fishing of living resources are issued to foreign applicants in accordance with Article 9 of this Federal Law.
4. Licenses (permits) for the fishing of living resources are valid for a calendar year within the established period in the areas of fishing for living resources indicated in them for the indicated types of living resources. Each vessel fishing for living resources must have an original license (permit) for fishing for living resources.
5. The right to use living resources in accordance with the received (received) license (permit) for the fishing of living resources cannot be transferred to third parties.
1. Russian and foreign applicants who have received licenses (permits) for the fishing of living resources (hereinafter - licensees) are entitled to carry out it within only those volumes, terms, types and areas specified in the license (permit) for fishing for living resources.
2. Licensees are required to:
comply with the established rules for the catch (extraction) of living resources, the limits for their catch (production) and fulfill the conditions of the license (permit) for the fishing of living resources;
make timely payments;
to prevent the deterioration of the natural living conditions of living resources;
prevent illegal acclimatization of living resources and comply with the requirements of the quarantine regime;
to provide unhindered access to fishing vessels by security officials;
to provide at their own expense optimal conditions for the work of officials of security bodies;
to submit reporting materials, including their computer printouts, freely and free of charge, on the volumes of catch (extraction), on the timing, types and areas of harvesting of living resources, including information on the quantity, quality and types of living resources uploaded to other vessels or loaded from other vessels and products thereof, as well as on the quantity, quality and types of living resources, unloaded or loaded at foreign ports, in specially authorized federal executive bodies for the border service, the federal authority shall fisheries, federal executive body for environmental protection, federal executive body for customs, federal executive body for currency and export control and federal executive body for taxation;
keep in touch regularly with the coastal services of the Russian Federation and, if the necessary equipment is available, transmit, at the main international synoptic dates, to the nearest radio meteorological center of the Russian Federation operational data of meteorological and hydrological observations in accordance with standard procedures of the World Meteorological Organization, as well as emergency information on visually observed marine oil pollution environment;
keep a logbook in accordance with the form established by a specially authorized federal executive body for fisheries;
have special identification marks;
mark fixed fishing gear (catch) from both ends with the name of the vessel (for a foreign ship of the shipowning country), license (permit) number for fishing for living resources and serial number of fishing gear (catch).
3. Foreign vessels fishing for living resources in accordance with a license (permit) for fishing for living resources or entering the exclusive economic zone for receiving caught (extracted) living resources from other vessels are also required to:
submit to the specially authorized federal executive authority for fisheries and the federal executive authority for the border service by fax or telegraph daily information about each call to the area for the permitted harvesting of living resources or for the reception of caught (harvested) living resources from other vessels and on exit from the specified area with the mandatory passage of control points upon entry and exit;
daily inform the specially authorized federal executive body for the border service of the whereabouts of the vessel when harvesting living resources or when accepting the caught (extracted) living resources from other vessels;
to fish for living resources in the presence of an official of the specially authorized federal executive body for border service and under the control of the specified person;
ensure free delivery of security officials to the place of fishing of living resources and vice versa and the use of radio communications, as well as bear all expenses for the maintenance, placement and full provision of security officers from the moment they arrive on the ship and until they leave the ship on a par own command (leading) staff;
submit to the specially authorized federal executive body for fishing by fax or telegraph daily, weekly and monthly information on the results of fishing for living resources.
4. Russian and foreign vessels in the exclusive economic zone and beyond its borders are prohibited from loading, unloading or transshipment of living resources in any form not caught in the license (permit) for the harvesting of living resources, caught (harvested) in the exclusive economic zone.
Loading, unloading or transshipment of living resources provided for in the license (permit) for the fishing of living resources shall be carried out in the presence of an official of a specially authorized federal executive body for border service.
1. The grounds for terminating the harvesting of living resources are:
voluntary refusal of the licensee to harvest living resources;
licensee's choice of a quota;
expiration of the license (permit) for the fishing of living resources;
violation of the rules for harvesting living resources repeatedly during the calendar year or exceeding the allotted limits on the catch (extraction) of living resources;
violation of this Federal Law or international treaties of the Russian Federation;
the absence on the vessels of the licensee of technical means of communication that ensure the transfer of information about the location of the vessel in the fishery of living resources;
violation by foreign vessels involved in the harvesting of living resources of the procedure for passing control points specified in Clause 3 of Article 12 of this Federal Law;
non-payment of fees for the use of living resources, fines and amounts for damages within the prescribed period;
non-payment of taxes, fees and other payments to the federal budget and extrabudgetary funds upon presentation of the relevant tax authority;
failure to submit reporting materials by types of living resources, volumes of catch (extraction) and areas of harvesting of living resources;
decrease in productivity and deterioration in the quality of species of living resources, systematic pollution of waters of the exclusive economic zone through the fault of the user.
2. Voluntary refusal to harvest living resources must be declared by the user:
prior to the commencement of the harvesting of living resources - by a written notification of a specially authorized federal executive body for fishing not later than one month in advance;
during the harvesting of living resources - immediately, with the cessation of the harvesting of living resources.
3. A specially authorized federal executive body for fisheries shall notify the licensee by telegraph, followed by written notification of the cancellation of the license (permit) for the fishing of living resources and the termination of the fishing of living resources. The annulment of a license (permit) for the exploitation of living resources in the register of issued licenses (permits) is marked and specially authorized federal executive authorities for the border service, federal executive authorities for customs, and federal executive authorities for environmental protection are notified .
1. In the event that the same (same) stock (s) of transzonal fish species is found (are) in the exclusive economic zone of the Russian Federation and in the exclusive economic zones of other coastal states, the Russian Federation shall cooperate with these states directly or through competent international organizations in order to preserve and increase such (such) stock (s).
2. In the event that the same (same) stock (stocks) of transboundary fish species is found (are) both in the exclusive economic zone of the Russian Federation and in the area outside and adjacent to it, the Russian The Federation, directly or through competent international organizations, cooperates with states fishing for such transboundary fish species in an area adjacent to the exclusive economic zone of the Russian Federation, in order to preserve such (such) stock (s) in the specified area, including concludes international treaties with these states on these issues.
1. The Russian Federation, which is primarily interested in stocks of anadromous fish species that are formed in its rivers, lakes and other bodies of water, bears primary responsibility for the stocks of these fish species in their entire habitat and ensures their conservation by regulating fishing carried out only in waters towards the coast from the external borders of the exclusive economic zone of the Russian Federation.
2. The Russian Federation shall cooperate with interested states to conclude international treaties in order to preserve stocks of anadromous fish species outside its exclusive economic zone and shall ensure the implementation of the rules established by such international treaties.
3. The Russian Federation is responsible for managing stocks of catadromous fish species and provides migratory fish with access to and exit from the exclusive economic zone. Catadromous fish species are fished only in waters toward the coast from the outer borders of the exclusive economic zone in accordance with this Federal Law.
4. The Russian Federation shall cooperate with states through which the catadromous fish species migrate through the exclusive economic zone to conclude an international treaty for the rational management of catadromous fish stocks, including fishing, and ensures the implementation of the rules established by such an international treaty.
5. The Russian Federation cooperates with interested states to conclude international treaties in order to ensure the rational use and conservation of highly migratory fish species throughout their habitat, including outside its exclusive economic zone.
6. The Russian Federation, in order to conserve, study and manage marine mammals stocks in the exclusive economic zone, cooperates with interested states directly or through relevant international organizations. The Government of the Russian Federation, in order to preserve and restore populations of marine mammals and in other necessary cases, may establish stricter regimes for restricting or regulating fishing for marine mammals in the exclusive economic zone, up to a ban on fishing for certain species of marine mammals, subject to international treaties of the Russian Federation.
7. If the international treaties of the Russian Federation referred to in paragraph 2 of this article are not complied with by Russian and foreign applicants and if the stocks of anadromous fish species in their entire habitat are at serious risk, the Russian Federation, by agreement with other interested states, has the right to declare a moratorium on production of anadromous species of fish throughout their habitat. Relevant information on the introduction of a moratorium is sent to interested states and competent international organizations.
Chapter III. EXPLORATION AND DEVELOPMENT OF INLIVING RESOURCES1. The exploration and development of non-living resources is carried out by citizens of the Russian Federation and Russian legal entities, foreign citizens and foreign legal entities, foreign states and competent international organizations on the basis of a license for the exploration and development of non-living resources issued by a specially authorized federal executive body for geology and subsoil use.
2. The conditions and procedure for issuing the specified license, its contents, the period for which the license is granted, the rights and obligations of license users, requirements for the safe conduct of work, the grounds for termination of the license, antitrust requirements and terms of production sharing are regulated by the Federal Law "On the Continental Shelf" Russian Federation ", the Law of the Russian Federation" On Subsoil ", the Federal Law" On Production Sharing Agreements "and international treaties of the Russian Federation.
3. The conditions provided to foreign citizens and foreign legal entities, foreign states and competent international organizations cannot be more favorable than the conditions provided to citizens of the Russian Federation and Russian legal entities.
1. Energy production through the use of tides, currents and wind is carried out by citizens of the Russian Federation and Russian legal entities, foreign citizens and foreign legal entities, foreign states and competent international organizations on the basis of a license for the production of energy through the use of tides, currents and wind issued by a specially authorized The federal executive agency for environmental protection, in agreement with others, is specifically authorized the federal executive authority for fisheries, the federal executive authority for geology and subsoil use, the federal executive authority for defense, and only if there is a positive conclusion from the state environmental review.
2. The conditions and procedure for issuing the specified license and methods for producing such energy shall be determined by the specially authorized federal executive body for environmental protection in coordination with other specially authorized federal executive bodies referred to in paragraph 1 of this article, in accordance with this Federal Law, and others federal laws applicable to the exclusive economic zone and activities in it, and international treaties of the Russian Federation.
Chapter IV RESOURCE AND MARINE RESEARCH1. Annual plans for conducting resource studies are drawn up by a specially authorized federal executive body for fisheries in coordination with specially authorized federal executive bodies for environmental protection, a federal executive body for defense, a federal executive body for border service, and, if necessary, with others interested federal executive bodies and taking into account the proposals of executive bodies ektov Russian Federation whose territories are adjacent to the coast, on the basis of federal strategies, programs and plans.
2. The annual plans for marine scientific research are drawn up by a specially authorized federal executive body for science and technology in coordination with specially authorized federal executive bodies for fisheries, a federal executive body for defense, a federal executive body for security, a federal executive body for frontier guard, federal executive agency for environmental protection, federal agency th executive branch for geology and subsoil use, the federal executive body for hydrometeorology and environmental monitoring, and, if necessary, with other interested federal executive bodies and taking into account the proposals of the executive bodies of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast, The basis of federal strategies, programs and plans.
3. The annual plans for resource and marine scientific research indicate the participation in research of foreign citizens and foreign legal entities, as well as competent international organizations, including in accordance with international treaties of the Russian Federation or in the framework of international research programs.
1. Resource or marine scientific research may be conducted:
federal executive bodies and executive bodies of the constituent entities of the Russian Federation, citizens of the Russian Federation and Russian legal entities (hereinafter referred to as the Russian applicants);
by foreign states, foreign citizens and foreign legal entities authorized by foreign states, and competent international organizations (hereinafter referred to as foreign applicants).
2. The procedure for submitting and considering a request for resource research or a request for marine scientific research (hereinafter referred to as the request), the assessment of requests and the procedure for making decisions on them are established by the Government of the Russian Federation in accordance with this Federal Law and international treaties of the Russian Federation .
3. Russian applicants at least six months before the start of the year of conducting resource or marine scientific research submit a corresponding request to the specially authorized federal executive body for fisheries or to the specially authorized federal executive body for science and technology to include the planned research program in the relevant annual plans.
4. Foreign applicants at least six months before the expected date of the start of resource or marine scientific research send diplomatic channels a corresponding request to the specially authorized federal executive body for fisheries or to the specially authorized federal executive body for science and technology.
5. A request for resource or marine scientific research (for foreign applicants - in Russian and the language of the applicant) should contain:
program of planned resource or marine scientific research;
information on the nature and objectives of resource or marine scientific research;
information on the methods and means that will be used in carrying out resource or marine scientific research, including information on the names, tonnage, types, classes of ships, underwater inhabited and uninhabited vehicles, aircraft, other technical means, radio equipment and fishing gear ( mining), as well as a description of the scientific equipment;
names of species of living or non-living resources that are the objects of resource research;
geographical coordinates of the areas where it is planned to conduct resource or marine scientific research, routes to and from these areas;
the estimated date of first arrival in the area in which it is planned to conduct resource or marine scientific research, and the date of final departure from the specified area, and, as appropriate, the date of placement and removal of scientific equipment;
the name of the institution under whose guidance resource or marine scientific research is carried out;
information about the person responsible for conducting resource or marine scientific research (expedition leader);
information on the possible impact of the planned studies on the marine environment, living and non-living resources.
6. Russian applicants provide information on all forms and degree of participation of foreign citizens and foreign legal entities in resource or marine scientific research.
7. Foreign applicants provide information on all forms and degree of participation of citizens of the Russian Federation and Russian legal entities in resource or marine scientific research conducted by foreign applicants.
8. Applicants may be required to provide additional information on resource or marine scientific research for which permission is requested. In this case, the period for consideration of the request is calculated from the day the applicant submits additional information.
1. The specially authorized federal executive body for fisheries or the specially authorized federal executive body for science and technology:
not later than ten days from the date of receipt of the request sends the applicant a notification of receipt of the request;
not later than four months from the date of receipt of the request, sends the applicant permission to conduct resource or marine scientific research or a notification:
refusal of permission to conduct planned research;
on the inconsistency of the information presented in the request, the nature, goals and methods of conducting resource or marine scientific research;
about the need to provide additional information on planned studies.
2. A permit to conduct resource or marine scientific research or a notice of refusal of such a permit shall be sent to the foreign applicant through a specially authorized federal executive body for foreign affairs.
3. The basis for issuing a permit to a Russian applicant to conduct resource or marine scientific research, as a rule, is to include the relevant study in the annual plan for conducting resource or marine scientific research.
4. Permission to conduct resource studies shall be issued by a specially authorized federal executive body for fisheries in coordination with specially authorized federal executive bodies for environmental protection, a federal executive body for defense, a federal executive body for border service, and, if necessary, with other interested federal executive bodies.
5. Permission to conduct marine scientific research shall be issued by a specially authorized federal executive body for science and technology in coordination with specially authorized federal executive bodies for fisheries, a federal executive body for defense, a federal executive body for security, a federal executive body for frontier service, federal executive body for environmental protection, federal executive body ADDITIONAL power for Geology and Mining, the federal executive body on hydrometeorology and environmental monitoring, and if necessary with other interested federal executive bodies.
1. A permit to conduct resource research or a permit to conduct marine scientific research may be refused in cases where a resource or marine scientific research:
1) creates or may create a threat to the security of the Russian Federation;
2) incompatible with the requirements of the protection of the marine environment, living or non-living resources;
3) includes drilling on the seabed, the use of explosives, pneumatic devices or the introduction of harmful substances into the marine environment;
4) includes the construction, operation or use of artificial islands, installations and structures, which were not mentioned in the request;
5) interferes with the activities carried out by the Russian Federation in the exercise of its sovereign rights and jurisdiction in the exclusive economic zone.
2. A permit to conduct resource research or a permit to conduct marine scientific research may also be refused if the information of the Russian or foreign applicant about the nature and purpose of the study is inaccurate.
3. A permit to conduct marine scientific research may be refused if the marine scientific research is directly related to the study or harvesting of living resources, to the regional geological study of the seabed and its subsoil, to the search, exploration or development of non-living resources, or if conducting marine scientific research a Russian or foreign applicant has unfulfilled obligations to the Russian Federation arising from previous marine scientific research.
If the Russian Federation as a member of a competent international organization or under a bilateral agreement with this organization approved the proposed marine scientific research project submitted by this organization or expressed its desire to participate in such research, and the specially authorized federal executive body for science and technology within four months from the day when he received from this organization a request for the timing and area of \u200b\u200bthe indicated studies, he did not raise any objections, tentnaya international organization at the end of the period specified in the request may proceed with the conduct of marine scientific research in accordance with this federal law and international treaties of the Russian Federation.
1. Russian and foreign applicants who have received permission to conduct resource research or permission to conduct marine scientific research must:
submit to the specially authorized federal executive body for fisheries or to the specially authorized federal executive body for science and technology, issuing the relevant permits, preliminary reports on the studies carried out as soon as practicable, and final reports upon completion of the studies;
submit, as soon as practicable, copies of meteorological and hydrological observations provided for by the resource or marine scientific research program to the state data funds of the Russian Federation, the addresses of which are indicated in the permit to conduct resource or marine scientific research;
immediately inform the specially authorized federal executive body for fisheries of any change in the resource study or the specially authorized federal executive body for science and technology of any change in the marine scientific research;
not interfere with the activities carried out by the Russian Federation in the exercise of its sovereign rights and jurisdiction in the exclusive economic zone;
remove installations, structures and devices upon completion of resource or marine scientific research, unless otherwise agreed.
2. In addition, Russian applicants, if foreign citizens or foreign legal entities take part in their resource or marine scientific research, and foreign applicants are required to ensure participation in the resource research of representatives of the Russian Federation from a specially authorized federal executive body for fisheries, and in marine scientific research - from a specially authorized federal executive body for science and technology, in consultation with a specialist exclusively authorized by the federal executive defense body, the presence of these representatives, their placement and full provision on board research vessels, aircraft, facilities and structures along with their own command (management) staff, as well as providing the specified representatives with access to all data and samples, obtained in the course of such studies, and transmit to them data from which copies and samples can be made that can be shared without compromising their scientific value.
3. All data obtained as a result of resource or marine scientific research, after its processing and analysis, including final results and conclusions after the research is completed, applicants are required to transfer to the state funds of the Russian Federation data, the addresses of which are indicated in the permissions to conduct resource or marine scientific research, with notification of a specially authorized federal executive body for fisheries or a specially authorized federal executive body Power of Science and Technology.
4. Russian and foreign research vessels, aircraft, installations and structures conducting resource or marine scientific research are required to:
regularly liaise with the coastal services of the Russian Federation;
in the presence of appropriate equipment on research vessels, aircraft, installations and structures, to transmit, on the main international synoptic dates, to the nearest radio meteorological center of the Russian Federation, operational data of meteorological, hydrological and aerological observations, if any, are provided for in the permit for resource or marine scientific research, in accordance with standard procedures of the World Meteorological Organization.
1. Foreign applicants who have conducted resource studies may publish the results of such studies only with the consent of the Government of the Russian Federation, unless otherwise provided by international treaties of the Russian Federation.
2. Foreign applicants who have conducted marine scientific research and transmitted to the Russian Federation all the data obtained provide access to the international community for research results through national or international channels.
1. The resource research program, at the request of the applicant, may be changed by a specially authorized federal executive body for fisheries in consultation with the specially authorized federal executive body for environmental protection, the federal executive body for defense, the federal executive body for the border service, and, if necessary and with other interested federal executive bodies.
2. The marine scientific research program, at the proposal of the applicant, may be changed by a specially authorized federal executive body for science and technology in coordination with specially authorized federal executive bodies for fisheries, a federal executive body for defense, a federal executive body for border service, and a federal body executive authority on geology and subsoil use, the federal executive body for hydra Meteorology and Environmental Monitoring, and if necessary with other interested federal executive bodies.
3. A change shall be deemed agreed if the relevant federal authority, having confirmed receipt of notification of the proposed change, fails to notify within 60 days from the day of receipt of the notification of its objections.
1. Resource studies conducted in violation of this Federal Law and international treaties of the Russian Federation may be terminated by a decision of a specially authorized federal executive body for fisheries or suspended by a decision of a specially authorized federal executive body for fisheries, a federal executive body for border service or the federal executive agency for environmental protection.
2. Marine scientific research conducted in violation of this Federal Law and international treaties of the Russian Federation may be terminated by decision of a specially authorized federal executive body for science and technology, or suspended by a decision of specially authorized federal executive bodies for science and technology, a federal body The executive branch of the frontier service, the federal executive body for defense or the federal body will environmental protection authority.
3. The resumption of suspended resource or marine scientific research is allowed only after the elimination of the violations in a timely manner and the relevant federal authority that made the decision to suspend the resource or marine scientific research is guaranteed that such violations will not be allowed in the future.
4. Resource or marine scientific research is subject to immediate termination if it is carried out:
without the permission of the relevant federal executive body;
with a change in the draft resource or marine scientific research, derogation from the information presented in the request in accordance with Article 19 of this Federal Law;
without compliance by Russian or foreign applicants with their obligations to the Russian Federation.
Chapter V. PROTECTION TO PRESERVATION OF THE MARINE ENVIRONMENT1. The state environmental review of economic and other activities in the exclusive economic zone (hereinafter the state environmental review):
is an obligatory measure to protect the marine environment, living and nonliving resources, and precedes the implementation of federal strategies, programs and plans provided for in Article 7 of this Federal Law;
organized and conducted by a specially authorized federal executive body for environmental protection with the participation of a specially authorized federal executive body for fisheries in accordance with the legislation of the Russian Federation.
2. All types of economic and other activities in the exclusive economic zone are subject to state environmental review regardless of their estimated cost. All types of economic and other activities in the exclusive economic zone can be carried out only if there is a positive conclusion from the state environmental review.
3. The objects of state environmental review should be draft state programs and plans, preplanning, pre-project and project documentation related to the study and harvesting of living resources, exploration and development of non-living resources, the creation and use of artificial islands, installations and structures, underwater cables and pipelines.
1. State environmental control in the exclusive economic zone (hereinafter referred to as state environmental control) is a system of measures aimed at preventing, detecting and eliminating violations of applicable international norms and standards or laws, standards and rules of the Russian Federation for the protection of the marine environment, living and non-living resources.
2. State environmental control is carried out by a specially authorized federal executive body for environmental protection with the participation of other specially authorized federal executive bodies in the manner determined by the legislation of the Russian Federation.
3. The investigation of environmental offenses in order to compensate for damage caused to the marine environment and living resources is carried out by specially authorized federal executive bodies for environmental protection, the federal executive bodies for fisheries, and the federal executive bodies for border service within their powers.
1. State monitoring of the state of the exclusive economic zone (hereinafter referred to as state monitoring), which is an integral part of the unified state system of environmental monitoring of the Russian Federation, is a system of regular observations, assessments and forecasts of the state of the marine environment and bottom sediments, including observations of chemical and radioactive contamination, microbiological and hydrobiological parameters and their changes under the influence of natural and anthropogenic factors.
2. State monitoring shall be carried out by a specially authorized federal executive body for hydrometeorology and environmental monitoring with the participation of specially authorized federal executive bodies for environmental protection, the federal executive body for geology and the use of subsoil, the federal executive body for fisheries in the manner determined by the legislation of the Russian Federation, in the implementation of federal strategies, programs and plan in provided for in Article 7 hereof.
1. Norms, rules and measures for the prevention, reduction and control of pollution from ships, aircraft, artificial islands, installations and structures operating within the territorial sea and inland waters of the Russian Federation shall apply to this exclusive economic zone, subject to international norms and standards and international treaties of the Russian Federation.
2. The list of harmful substances, the discharge of which in the exclusive economic zone from ships, other floating equipment, aircraft, artificial islands, installations and structures is prohibited, the limits of permissible concentrations of harmful substances, the discharge of which is allowed only during normal operation of ships, other floating means, aircraft, artificial islands, installations and structures, and the conditions for the discharge of harmful substances are established by the Government of the Russian Federation taking into account international treaties Federation and are published in the Notices to Mariners.
If a collision of ships, landing of a ship aground, a marine accident during the exploration or harvesting of living resources, during exploration or development of non-living resources or the transportation of living or non-living resources extracted in the exclusive economic zone, or another marine accident that occurred in the exclusive economic zone, or actions to eliminate the consequences of such accidents have led or may lead to serious harmful consequences, the Government of the Russian Federation in accordance with international law has the right to accept the necessary sary measures proportionate to the actual or threatened damage to protect the coast of the Russian Federation or related interests (including fishing) from pollution or threat.
For areas that are within the exclusive economic zone and where particularly harsh climatic conditions and the presence of ice covering such areas for most of the year create obstacles or increased danger to navigation, and pollution of the marine environment can cause serious harm to the ecological balance or irreversibly violate it, the Russian Federation in order to prevent, reduce and control pollution of the marine environment may adopt federal laws and other regulatory acts Avov acts and ensure their compliance. Federal laws and other regulatory legal acts take into account shipping, protection and conservation of the marine environment and natural resources of the exclusive economic zone on the basis of the most reliable scientific data available. The boundaries of such areas are published in the Notices to Mariners.
For certain areas of the exclusive economic zone, where, for recognized technical reasons relating to the oceanographic and environmental conditions of these areas and the specifics of transportation, it is necessary to adopt special mandatory methods to prevent pollution from ships with oil, toxic liquid substances and garbage, subject to the necessary international procedures and international treaties The Russian Federation may adopt federal laws and other regulatory legal acts to prevent, reduce and preserve Nia control of marine pollution. The boundaries of such areas are published in the Notices to Mariners.
Chapter VI. FEATURES OF ECONOMIC RELATIONS WHEN USING LIVING AND INLiving RESOURCES OF AN EXCLUSIVE ECONOMIC ZONE1. The basic principles of economic relations in the use of living and non-living resources are paid use, financial support for the study, reproduction and protection of the marine environment, living and non-living resources and responsibility for violations of the conditions of economic activity.
2. Payments for the use of living and non-living resources of the exclusive economic zone are established by this Federal Law, as well as the legislation of the Russian Federation.
3. The use of living and non-living resources is paid.
Payment for the use of living resources and payments for the use of non-living resources of the exclusive economic zone are made by citizens of the Russian Federation, Russian legal entities, regardless of their organizational and legal forms and forms of ownership, and foreign citizens and foreign legal entities, regardless of their legal forms and forms of ownership.
4. The system of payments for the use of living resources includes:
fee for issuing licenses (permits) for the use of living resources;
payment for the use of living resources;
fines for excessive and irrational use of living resources.
The system of payments for the use of non-living resources includes:
payment for information on inanimate resources;
fee for issuing licenses for the use of non-living resources;
payments for the use of non-living resources.
Users also pay other taxes and fees provided by the legislation of the Russian Federation.
5. No fee is charged for conducting observations within the framework of state monitoring, resource and marine scientific research, for catching (harvesting) living resources for the purpose of reproduction and acclimatization. The volumes of catch (extraction) of living resources for these purposes are determined in the manner prescribed by the Government of the Russian Federation.
6. Payment for the use of living resources, payments for the use of non-living resources, as well as the size of fees, payments, fines, deductions and fees provided for in paragraph 4 of this article, the procedure for their collection and receipt of the federal budget shall be established by federal laws.
The procedure for calculating and applying standards for payments for the use of living resources, the procedure for calculating and applying standards for payments for the use of non-living resources are determined by the Government of the Russian Federation.
7. Payment for the use of living resources and payments for the use of non-living resources, fines for over-limit and irrational use of living resources are paid to the federal budget.
8. The fee for the issuance of licenses (permits) for the use of living resources, as well as the fee for the issuance of licenses for the use of non-living resources, shall be sent to specially authorized federal executive bodies that issued licenses (permits).
9. Funds for the part of non-living resources sold by the Government of the Russian Federation, extracted in the exclusive economic zone under the terms of production sharing agreements and owned by the Russian Federation, or the cost equivalent of this part of non-living resources are transferred to the federal budget.
10. For non-payment or for late payment of taxes, fees and other payments, users are liable in accordance with the legislation of the Russian Federation.
Chapter VII. ENSURING THE FULFILLMENT OF THE PROVISIONS OF THIS FEDERAL LAW1. The protection of the exclusive economic zone, its living and non-living resources with a view to their conservation, protection and rational use, protection of the marine environment, economic and other legal interests of the Russian Federation shall be carried out by specially authorized persons within their competence:
federal executive body for the border service;
federal executive body for environmental protection;
federal executive authority for customs.
2. Coordination of the use of forces of the security agencies referred to in this article shall be carried out by the federal executive body for the border service within the limits of its authority.
3. The officials of the security agencies, in the performance of their official duties, are guided by this Federal Law and international treaties of the Russian Federation, as well as other legislative and other regulatory legal acts of the Russian Federation.
4. Officials of security bodies, in the performance of their official duties in the exclusive economic zone, must have appropriate official certificates. Instructions from security officials given within their authority are binding on citizens of the Russian Federation and Russian legal entities, foreign citizens and foreign legal entities, as well as on representatives of foreign states and competent international organizations operating in the exclusive economic zone.
5. Warships and aircraft, other state ships and aircraft of the Russian Federation shall protect the exclusive economic zone under their flags, pennants and decals.
1. Officials of security bodies, in the performance of their official duties, have the right:
1) to stop and inspect Russian and foreign ships, to inspect artificial islands, installations and structures, performing:
exploration and harvesting of living resources in the exclusive economic zone;
transshipment of caught (produced) in the exclusive economic zone living resources to other vessels;
exploration and development of non-living resources;
resource and marine scientific research;
other activities in the exclusive economic zone;
2) to check on ships, artificial islands, installations and structures documents for the right to carry out the activities specified in subparagraph 1 of paragraph 1 of this article, as well as fishing gear (mining), equipment, tools, installations and other items used in carrying out such activities;
3) in the cases provided for by this Federal Law and international treaties of the Russian Federation:
suspend the activities referred to in subparagraph 1 of paragraph 1 of this article that violate this Federal Law and international treaties of the Russian Federation;
to detain violators of this Federal Law and international treaties of the Russian Federation and to seize from them fishing gear (equipment), equipment, tools, installations and other items, as well as documents and everything illegally obtained as an interim measure until a final court decision is made to prevent the violation and providing evidence of the path of such violation, as well as in order to enforce the court decision;
to detain vessels that violate this Federal Law and international treaties of the Russian Federation in carrying out the activities specified in subparagraph 1 of paragraph 1 of this article, and deliver them to the nearest port of the Russian Federation (foreign vessels - to one of the ports of the Russian Federation open for foreign vessels to call) ;
pursue in hot pursuit and detain vessels violating this Federal Law and international treaties of the Russian Federation in carrying out the activities specified in subparagraph 1 of paragraph 1 of this article, and deliver them to the nearest port of the Russian Federation (foreign vessels - to one of the ports of the Russian Federation open for calling foreign ships);
in accordance with the legislation of the Russian Federation, impose fines on perpetrators or bring claims against violators in the courts of the Russian Federation with the transfer to them of detained violating vessels, seized fishing gear (loot), equipment, tools, installations and other items, as well as documents and everything illegally obtained ;
4) to stop vessels, if there is sufficient reason to believe that these vessels have carried out illegal dumping of harmful substances in the exclusive economic zone. The captain of a stopped ship may be required to obtain the information necessary to establish whether a violation has been committed, and the ship itself may be inspected with a protocol of inspection followed by detention, if there are sufficient grounds for this;
5) draw up reports on violations of this Federal Law and international treaties of the Russian Federation, suspension or termination of activities specified in subparagraph 1 of paragraph 1 of this article, on the detention of violators and offending vessels, on temporary, up to the final court decision, seizure of fishing gear (mining), equipment, tools, installations and other items, as well as documents and all illegally obtained. The procedure for hot pursuit, stopping, inspection and detention of ships, inspection of artificial islands, installations and structures, the procedure for compiling protocols and the procedure for finding detained offending vessels in the ports of the Russian Federation are determined in accordance with the legislation of the Russian Federation and international law;
6) use weapons against violators of this Federal Law and international treaties of the Russian Federation to repel their attack and terminate resistance in the event that the lives of security officials are in immediate danger. The use of weapons must be preceded by a clear warning of the intention to use them and a warning shot up.
2. Warships and aircraft of the federal executive body for border service may use weapons against ships that violate this Federal Law and international treaties of the Russian Federation in response to the use of force, as well as in other exceptional cases when pursuing without delay, when exhausted all other measures required by circumstances, necessary to stop the violation and to detain the violators. The use of weapons must be preceded by a clear warning of the intention to use them and warning shots. The procedure for using weapons is determined by the Government of the Russian Federation.
3. Officials of security agencies shall enjoy the rights provided for by this Federal Law also in relation to vessels located in the territorial sea or in the internal waters of the Russian Federation, if there are sufficient grounds to believe that these vessels have violated this Federal Law or international treaties in the exclusive economic zone Russian Federation.
1. The specially authorized federal executive body for defense, the federal executive body for fisheries, the federal executive body for hydrometeorology and environmental monitoring, the federal executive body for transport, along with the solution of their main tasks, assist the security agencies in carrying out their functions by monitoring activities within the exclusive economic zone using warships, ships, coastal posts and other means, as well as aircraft.
2. Captains of ships and commanders of warships, aircraft of the Russian Federation and persons responsible for activities on artificial islands, installations and structures, as well as on coastal posts and other means, inform the security authorities about the detection of warships, ships, installations and facilities not reported in the Notices to Mariners. Such information is transmitted free of charge through the appropriate dispatch services.
3. Citizens of the Russian Federation and Russian legal entities operating in the exclusive economic zone shall inform security agencies free of charge upon their requests about the location and operations of their ships, artificial islands, installations and structures.
1. Economic incentives for employees of security agencies are carried out in accordance with the legislation of the Russian Federation.
2. Economic incentives for security personnel may include:
the establishment of tax benefits;
the establishment of official and other allowances for special conditions for the protection of the exclusive economic zone and its living and non-living resources;
bonuses for revealed violations of this Federal Law and international treaties of the Russian Federation;
the provision of other benefits established by federal laws and other regulatory legal acts of the Russian Federation.
1. An arrested foreign ship and its crew shall be released immediately after the provision of a reasonable security deposit or other security by the Russian Federation.
2. In the event that foreign citizens are held accountable for violations of the provisions of Chapter II of this Federal Law and the international treaties of the Russian Federation relating to living resources of the exclusive economic zone, these persons shall not be punished by imprisonment in the absence of an international treaty between the Russian Federation and the state citizenship of these persons to the contrary or any other form of personal punishment.
1. Officials of the federal executive bodies guilty of:
issuing licenses (permits) for the exploration and harvesting of living resources, the exploration and development of non-living resources, for the conduct of resource or marine scientific research, for the discharge of harmful substances or the burial of waste and other materials from ships, aircraft, artificial islands, installations and structures in exceptional an economic zone outside its competence;
non-compliance with the conditions and procedure for issuing licenses (permits) within its competence, arbitrary changes in the conditions of issued licenses (permits) are held liable in accordance with the legislation of the Russian Federation.
2. Citizens and legal entities shall be held liable in accordance with the legislation of the Russian Federation for:
illegal exploration and fishing of living resources, search, exploration or development of non-living resources or violation of the rules associated with the specified activities established by this Federal Law or international treaties of the Russian Federation;
transfer of living or non-living resources to foreign states, foreign citizens or foreign legal entities, if this is not reflected in the license (permit);
violation of the terms of fishing for living resources provided for by a license (permit) and (or) international treaties of the Russian Federation or violation of applicable standards (norms, rules) for the safe conduct of the search, exploration and development of non-living resources, as well as requirements for the protection of the marine environment, living or non-living resources;
violations resulting in worsening conditions for the reproduction of living resources;
conducting without permission or in violation of the conditions and established rules of resource or marine scientific research;
marine pollution from ships, aircraft, artificial islands, installations and structures;
violations accompanied by obstruction of the legitimate activities of security officials;
creating interference with legitimate activities in the exclusive economic zone, as well as for violation of this Federal Law or international treaties of the Russian Federation.
3. Citizens and legal entities held liable for violations of this Federal Law or international treaties of the Russian Federation are not exempted from compensation for harm.
4. Compensation for harm is carried out in the manner prescribed by the legislation of the Russian Federation.
1. Disputes between citizens, legal entities, citizens and legal entities regarding the exercise of their rights and obligations in the exclusive economic zone are resolved in court by the courts of the Russian Federation.
2. Disputes between the Russian Federation and foreign states over the exercise of their rights and obligations in the exclusive economic zone shall be resolved by peaceful means in accordance with international treaties of the Russian Federation and international law.
The president
Russian Federation
B. YELTSIN
Moscow Kremlin
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THE RUSSIAN FEDERATION
THE FEDERAL LAW
ON THE EXCLUSIVE ECONOMIC ZONE OF THE RUSSIAN FEDERATION
This Federal Law determines the status of the exclusive economic zone of the Russian Federation, the sovereign rights and jurisdiction of the Russian Federation in its exclusive economic zone and their implementation in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation. Issues related to the exclusive economic zone of the Russian Federation and activities in it that are not provided for by this Federal Law shall be governed by other federal laws applicable to the exclusive economic zone of the Russian Federation and activities in it.
CHAPTER I. GENERAL PROVISIONS
Article 1. Definition and boundaries of the exclusive economic zone of the Russian Federation
1. The exclusive economic zone of the Russian Federation (hereinafter referred to as the exclusive economic zone) is a marine area located outside the territorial sea of \u200b\u200bthe Russian Federation (hereinafter - the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation Federation and international law.
The definition of an exclusive economic zone also applies to all islands of the Russian Federation, with the exception of rocks, which are not suitable for maintaining human life or for carrying out independent economic activities.
2. The internal border of the exclusive economic zone is the external border of the territorial sea.
3. The external border of the exclusive economic zone is 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, unless otherwise provided by international treaties of the Russian Federation.
Article 2. Delimitation of the exclusive economic zone
The delimitation of the exclusive economic zone between the Russian Federation and the states whose coasts are opposite the coast of the Russian Federation or are adjacent to the coast of the Russian Federation is carried out in accordance with international treaties of the Russian Federation or generally recognized principles and norms of international law.
Article 3. Maps and lists of geographical coordinates
1. Lines of external borders of the exclusive economic zone or substitutes for them, approved by the Government of the Russian Federation lists of geographic coordinates of points indicating the basic geodetic data and delimitation lines defined by international treaties of the Russian Federation or based on generally recognized principles and norms of international law, are indicated on maps of the established scale and published in Notices to Mariners.
2. The formation of a data bank on the external border of the exclusive economic zone is carried out by the federal executive body specially authorized by the Government of the Russian Federation.
Article 4. Basic concepts
1. For the purposes of this Federal Law, the following basic concepts apply:
natural resources of the exclusive economic zone - aquatic biological resources and non-living resources located in the waters covering the seabed, on the seabed and in its bowels; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
aquatic biological resources (living resources) of the exclusive economic zone (hereinafter - aquatic biological resources) - fish, aquatic invertebrates, aquatic mammals, algae, other aquatic animals and plants that are in a state of natural freedom, with the exception of living organisms of "sedentary species" of the seabed and its subsoil, the use of which is regulated by the Federal Law; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
non-living resources of the exclusive economic zone (hereinafter also referred to as non-living resources) —the mineral resources of waters covering the seabed, including the chemical elements and their compounds contained in sea water, the energy of tides, currents and wind, and other possible types of non-living resources;
Paragraphs five - nine - Null and void. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
marine scientific research in the exclusive economic zone (hereinafter - marine scientific research) - fundamental or applied research and experimental work carried out for these studies aimed at gaining knowledge on all aspects of natural processes occurring on the seabed and in its bowels, in the water column and the atmosphere; (as amended by the Federal Law of April 22, 2003 N 48-ФЗ)
marine resource research in the exclusive economic zone (hereinafter - marine resource research) - applied research work aimed at the exploration, development and conservation of natural resources of the exclusive economic zone; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
harmful substance - a substance that, when released into the marine environment, can create a danger to human health, damage the environment, including the marine environment and natural resources of the exclusive economic zone, worsen recreational conditions or interfere with other types of legitimate use of the sea, as well as a substance, subject to control in accordance with international treaties of the Russian Federation; (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
discharge of harmful substances or effluents containing such substances (hereinafter referred to as the discharge of harmful substances) - any discharge from ships and other floating equipment (hereinafter referred to as the vessel), aircraft, artificial islands, installations and structures, for whatever reasons it may be caused, including any leakage, disposal, spillage, leakage, pumping, discharge, or emptying; the discharge of harmful substances does not include the release of harmful substances that occurs directly as a result of exploration, development and related processes of processing in the sea the mineral resources of the continental shelf of the Russian Federation, as well as the discharge of harmful substances for conducting legitimate scientific research in order to combat pollution or control it;
pollution of the marine environment - the introduction by a person, directly or indirectly, of substances or energy into the marine environment, which leads or can lead to such detrimental consequences as harm to aquatic life and life in the sea, creating a danger to human health, creating obstacles to activities at sea, including for fishing and other legitimate uses of the sea, a decrease in the quality of sea water used and the deterioration of recreational conditions; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
burial - any deliberate disposal of waste or other materials from ships, aircraft, artificial islands, installations and structures, as well as any deliberate destruction of ships, aircraft, artificial islands, installations and structures; landfill is not considered to be the disposal of waste or other materials inherent or resulting from the normal operation of ships, aircraft, artificial islands, installations and structures, with the exception of waste or other materials transported by ships, aircraft, installations and structures that are operated for the disposal of materials, or transported to such ships, aircraft, artificial islands, installations and structures, as well as with the exception of those that are res ultatom processing of such waste or other materials on such ships, aircraft, artificial islands, installations and structures; placement of materials for purposes other than their simple removal, provided that this does not contradict the purposes of this Federal Law and international treaties of the Russian Federation.
artificial islands - permanently fixed in accordance with the project documentation for their creation at the location in the exclusive economic zone of the Russian Federation, objects (artificially constructed structures) having alluvial, bulk, pile and (or) other non-floating support bases protruding above the water surface at the maximum the tide; (as amended by the Federal Law of 03.02.2014 N 15-ФЗ)
installations, structures - flexibly or permanently fixed in accordance with the project documentation for their creation at the location in the exclusive economic zone of the Russian Federation, stationary and floating (mobile) drilling rigs (platforms), offshore floating (mobile) platforms, offshore stationary platforms and other objects as well as underwater structures (including wells). (as amended by the Federal Law of 03.02.2014 N 15-ФЗ)
2. The paragraph has expired. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
Article 5. Rights of the Russian Federation in the exclusive economic zone
1. The Russian Federation in the exclusive economic zone carries out:
1) sovereign rights for the purpose of exploration, development and conservation of aquatic biological resources and non-living resources and the management of such resources, as well as in relation to other types of economic exploration and development of an exclusive economic zone; (as amended by Federal laws of 04.11.2006 N 188-ФЗ, dated 03.12.2008 N 250-ФЗ, dated 27.12.2009 N 364-ФЗ)
2) sovereign rights for the exploration of the seabed and its subsoil and the development of mineral and other non-living resources, as well as the development of aquatic biological resources related to the “sedentary species” of the seabed and its subsoil. Geological study, search, exploration and development of mineral and other non-living resources of the seabed and its subsoil, as well as the development of aquatic biological resources related to “sedentary species”, are carried out in accordance with the Law of the Russian Federation "On Subsoil", Federal Law of December 20, 2004 of the year N 166-ФЗ "On fishing and conservation of aquatic biological resources" (hereinafter - the Federal Law "On fishing and conservation of aquatic biological resources"), the Federal Law "On the Continental Shelf of the Russian Federation", and other federal laws by us, applicable to the exclusive economic zone and activities in it; (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
3) the exclusive right to authorize and regulate drilling operations on the seabed and in its bowels for any purpose. Drilling operations for any purpose are carried out in accordance with the Federal Law "On the Continental Shelf of the Russian Federation"
4) the item has expired. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
5) jurisdiction over:
marine scientific research;
protection and preservation of the marine environment from pollution from all sources;
laying and operation of submarine cables and pipelines of the Russian Federation. The laying of submarine cables and pipelines of the Russian Federation, as well as the laying of submarine cables and pipelines of foreign states in the exclusive economic zone are carried out in accordance with the Federal Law "On the Continental Shelf of the Russian Federation"
6) other rights and obligations provided for by international treaties of the Russian Federation.
2. The Russian Federation exercises sovereign rights and jurisdiction in the exclusive economic zone, guided by economic, trade, scientific and other interests, in the manner determined by this Federal Law and international treaties of the Russian Federation.
3. The Russian Federation, exercising sovereign rights and jurisdiction in the exclusive economic zone, shall not impede the implementation of shipping, flights, other rights and freedoms of other states recognized in accordance with generally recognized principles and norms of international law.
4. Aquatic bioresources and non-living resources of the exclusive economic zone are under the jurisdiction of the Russian Federation; the regulation of exploration, development of such resources and their protection are the responsibility of the Government of the Russian Federation. (as amended by Federal laws of 04.11.2006 N 188-ФЗ, dated 03.12.2008 N 250-ФЗ)
Article 6. Rights and obligations of other states in the exclusive economic zone
1. In the exclusive economic zone, all states enjoy the freedoms of navigation and flights, the laying of submarine cables and pipelines, as well as other lawful uses of the sea from the point of view of international law related to these freedoms associated with the operation of ships, aircraft and submarine cables and pipelines .
2. These freedoms are exercised subject to compliance with this Federal Law and international treaties of the Russian Federation, as well as subject to the protection and preservation of the environment, including the marine environment and natural resources of the exclusive economic zone. (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
Article 7. Competence of federal bodies of state power in the exclusive economic zone
The competence of federal government bodies in the exclusive economic zone includes:
1) development and improvement of the legislation of the Russian Federation on the exclusive economic zone and on activities in it;
2) coordination of the activities of state authorities in relation to the exclusive economic zone and activities in it, the protection of the rights and legitimate interests of the Russian Federation in the exclusive economic zone, the protection and preservation of the marine environment, aquatic biological resources and non-living resources; (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
3) approval of federal programs related to the exploration, development and conservation of natural resources of the exclusive economic zone; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
4) the subparagraph has lost force. (as amended by Federal Law of December 6, 2007 N 333-FZ)
5) establishing the procedure for issuing declarations on the catch of aquatic biological resources caught (harvested) by Russian and foreign vessels in the exclusive economic zone, as well as on products produced from these resources; (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
6) the establishment of the procedure for granting the right to harvest (catch) aquatic biological resources, including the issuance of permits for the harvest (catch) of aquatic biological resources; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
7) the establishment of fishing restrictions; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
8) development and implementation of a system for monitoring and control of fisheries in the exclusive economic zone, including using space communications and radio navigation; (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
9) the development, together with state authorities of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast, measures to prevent the death of aquatic biological resources in the course of economic or other activities and shipping; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
10) providing assistance to aquatic biological resources, including marine mammals, in the event of a threat to their life during natural disasters or due to other reasons; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
11) the establishment, taking into account the proposals of the executive authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast, the procedure for using non-living resources, including the licensing procedure; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
12) registration of work on the study, exploration and development of non-living resources, drawing up a federal balance of non-living resources;
13) federal state control (supervision) in the field of fisheries and the conservation of aquatic biological resources, protection and protection of the marine environment, aquatic biological resources and non-living resources with the involvement of state authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast; (as amended by Federal Laws of 04.11.2006 N 188-ФЗ, dated 18.07.2011 N 242-ФЗ)
14) regulation of marine resource and marine scientific research; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
15) the establishment of checkpoints (points) and the procedure for their passage by Russian and foreign vessels engaged in fishing and sailing to and from the exclusive economic zone in order to carry out control and verification activities; (as amended by Federal laws of 04.11.2006 N 188-ФЗ, dated 03.12.2008 N 250-ФЗ)
16) the declaration of certain areas of the exclusive economic zone as areas within which citizens of the Russian Federation and Russian legal entities, foreign states and competent international organizations, foreign citizens and foreign legal entities will not be issued permits for marine scientific research in connection with the conduct (or planning ) in the indicated areas of exploration and development of inanimate resources and the implementation of fishing with a geographical coordination such areas in "Notices to Mariners" (as amended by Federal laws of 04.11.2006 N 188-ФЗ, dated 03.12.2008 N 250-ФЗ)
17) establishing a system of payments, determining the size, conditions and procedure for charging for the use of aquatic biological resources and non-living resources; (as amended by Federal laws of 11.11.2003 N 148-ФЗ, dated 27.12.2009 N 364-ФЗ)
18) regulation of the creation, operation and use of artificial islands, installations and structures for the exploration and development of natural resources of the exclusive economic zone, marine scientific research and other purposes; (as amended by Federal laws of 04.22.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ, dated 03.12.2008 N 250-ФЗ, dated 12.27.2009 N 364-ФЗ)
19) determination and regulation of the conditions for laying submarine cables and pipelines used for the exploration and development of inanimate resources or for the operation of artificial islands, installations and structures, including those brought to the territory of the Russian Federation;
20) determination of the route and laying conditions of submarine cables and pipelines in the exclusive economic zone, taking into account the laid submarine cables and pipelines and taking into account the exploration and development of natural resources of the exclusive economic zone; (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
21) conducting state environmental review, state environmental supervision in the exclusive economic zone of the Russian Federation and state monitoring of the exclusive economic zone with the involvement of executive authorities of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast; (as amended by Federal laws of December 27, 2009 N 364-ФЗ, dated July 18, 2011 N 242-ФЗ)
22) maintaining the Russian State Data Fund on the state of the exclusive economic zone and the state of its aquatic biological and non-living resources; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
23) the establishment of a legal regime in areas of environmental emergency and environmental disaster; provision of immediate actions to eliminate the consequences of accidents leading to pollution by oil or substances other than oil;
24) establishment of environmental standards for the content of pollutants in discharges of harmful substances, as well as in waste and other materials intended for disposal in the exclusive economic zone, a list of harmful substances, waste and other materials whose discharge and burial in the exclusive economic zone are prohibited, regulation of discharge harmful substances and the disposal of waste and other materials, as well as control of the indicated discharge and disposal; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
25) protection of rare and endangered species of aquatic biological resources listed in the Red Book of the Russian Federation, prevention of disturbance of their habitat (including feeding conditions, wintering, breeding, spawning and migration), the establishment of state nature reserves, national parks, state nature reserves and other specially protected natural areas, including those adjacent to recreation areas on the coast of the Russian Federation, as reported in the Notices to Mariners; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
26) ensuring, together with state authorities of the constituent entities of the Russian Federation, the implementation of measures aimed at protecting the exclusive economic zone, protecting and preserving its marine environment, aquatic biological resources and non-living resources, suppressing violations of this Federal Law and international treaties of the Russian Federation and holding individuals accountable, guilty of unlawful acts; (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
27) resolution of disputes regarding the exclusive economic zone and activities in it;
28) the conclusion and implementation of international treaties of the Russian Federation in relation to the exclusive economic zone and activities in it.
29) other powers provided for by this Federal Law and other federal laws. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
CHAPTER II. IMPLEMENTATION OF FISHING IN AN EXCLUSIVE ECONOMIC ZONE (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
Articles 8. - 11. - Repealed. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
Article 11.1. - has lost power. (as amended by Federal Law of December 6, 2007 N 333-FZ)
Article 12. - Repealed. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
Article 12.1. Types of fishing carried out in the exclusive economic zone (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
1. In the exclusive economic zone, industrial fisheries, fisheries for research and control purposes, fisheries for educational, cultural and educational purposes, fisheries for commercial fish farming, reproduction and acclimatization of aquatic biological resources are carried out in accordance with the procedure established by the Federal Law on Fisheries and Conservation aquatic biological resources "and this Federal Law. (as amended by Federal Law of December 28, 2010 N 420-ФЗ)
2. In exceptional cases provided for by the Federal Law "On Fisheries and the Conservation of Aquatic Biological Resources", coastal fishing is permitted in the exclusive economic zone.
3. For the purposes of coastal fishing in the exclusive economic zone, the federal executive body authorized by the Government of the Russian Federation distributes coastal quotas between persons who, in the established manner, have the right to harvest (catch) aquatic biological resources in the exclusive economic zone.
Article 12.2. Features of industrial fishing in the exclusive economic zone (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
1. Industrial fishing in the exclusive economic zone is carried out by citizens of the Russian Federation and Russian legal entities who, in the established manner, have the right to harvest (catch) aquatic biological resources in the exclusive economic zone.
2. Foreign citizens and foreign legal entities carry out industrial fishing in the exclusive economic zone in accordance with international treaties of the Russian Federation.
Article 12.3. Features of fishing for research and control purposes in the exclusive economic zone (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
1. Fishing for scientific research and control purposes in the exclusive economic zone is carried out by scientific organizations on the basis of the annual plan for marine resource research of aquatic biological resources, decisions on the provision of aquatic biological resources for use, as well as permits for the extraction (catch) of aquatic biological resources issued to these organizations and permits for marine resource research of aquatic biological resources.
2. Foreign citizens and foreign legal entities carry out fishing for scientific research and control purposes in the exclusive economic zone in accordance with international treaties of the Russian Federation.
Article 12.4. Rights and obligations of persons engaged in fishing in the exclusive economic zone (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
1. Persons engaged in fishing in the exclusive economic zone have the right to harvest (catch) aquatic biological resources, as well as in the cases provided for by the Federal Law "On Fisheries and Preserve Aquatic Biological Resources", accept, process, transship, transport, store and unload catches of aquatic biological resources, production of fish and other products from aquatic biological resources.
2. Persons referred to in paragraph 1 of this article shall:
1) comply with the fishing rules and other requirements established in accordance with the legislation of the Russian Federation, as well as comply with the conditions for fishing and the conservation of aquatic biological resources contained in decisions of public authorities and agreements, on the basis of which the right to harvest (catch) aquatic biological resources, permits for the extraction (catch) of aquatic biological resources and permits for marine resource research on aquatic biological resources;
2) prevent disturbance of the habitat of aquatic biological resources;
3) prevent the unlawful acclimatization of aquatic biological resources;
4) comply with the requirements of the quarantine regime;
5) to provide unhindered access to the vessel by officials of security bodies;
6) to ensure, at the expense of the applicant, optimal conditions for the work of officials of security bodies;
7) to submit freely and freely reporting materials on the timing, types and areas of harvesting (catch) of aquatic biological resources, on catches of aquatic biological resources, including information on the quantity, quality and types of catches of aquatic biological resources loaded onto other vessels or loaded from other vessels, fish of products and other products from aquatic biological resources, on the quantity, quality and types of catch of aquatic biological resources discharged or shipped at foreign ports, fish products and other products from aquatic biological resources, will be executed by the federal authorities government determined respectively by the President of the Russian Federation, the Government of the Russian Federation;
8) regularly communicate with the coastal services of the Russian Federation and, if the necessary equipment is available, transmit, at the main international synoptic dates, to the nearest radio meteorological center of the Russian Federation, operational data of meteorological and hydrological observations in accordance with standard procedures of the World Meteorological Organization, as well as emergency information on visually marked oil marine pollution;
9) keep a logbook in accordance with the form established by the federal executive body authorized by the Government of the Russian Federation;
10) have special identification marks;
11) mark fixed tools for the extraction (catch) of aquatic biological resources from both ends with the name of the vessel (for a foreign vessel - the country of the shipowner), the number of the permit for the extraction (catch) of aquatic biological resources and the serial number of the instrument for the extraction (catch) of aquatic biological resources.
12) go through the control points (points) and observe the procedure for passing them established by the federal executive authority in the field of security in coordination with the federal executive authority in the field of fisheries and the federal executive authority in the field of defense. (as amended by the Federal Law of June 27, 2018 N 161-ФЗ)
3. Foreign vessels fishing in the exclusive economic zone are also required to:
1) to submit to the federal executive bodies, respectively determined by the President of the Russian Federation, the Government of the Russian Federation, by fax or telegraph daily information about each entry into the area for authorized fishing and exit from the specified area with mandatory passage of control points upon entry and exit;
2) daily inform the security authorities about the whereabouts of the vessels when fishing or when catching aquatic biological resources from other vessels;
3) carry out fishing only in the presence of an official of the protection bodies and under his control;
4) ensure free delivery of security officials to the fishing site and vice versa and use of radio communications, as well as bear all expenses for the maintenance, placement and full provision of security officers from the moment they arrive on the vessel and until the moment they leave the vessel on a par with command (leading) composition of the vessel;
5) submit to the federal executive body authorized by the Government of the Russian Federation, by fax or telegraph daily, weekly and monthly information on the results of fishing.
4. Russian courts and foreign courts in the exclusive economic zone and beyond its borders are prohibited from exercising not provided for by decisions of state authorities and agreements, on the basis of which there is a right to harvest (catch) aquatic biological resources, permits to harvest (catch) aquatic biological resources and permits to conducting marine resource research of aquatic biological resources loading, unloading or transhipment of catches of aquatic biological resources, fish products and other products from aquatic biological resources.
5. Loading, unloading, transshipment of catches of aquatic biological resources, fish products and other products from aquatic biological resources shall be carried out in the presence of an official of the protection body.
Article 13. - Repealed. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
Article 14. Features of the rational use and conservation of transzonal and transboundary fish species
1. In case the same (same) stock (stocks) of transzonal fish species is found (are) in the exclusive economic zone of the Russian Federation and in the exclusive economic zones of other coastal states, the Russian Federation shall cooperate with these states directly or through competent international organizations in order to preserve and increase such (such) stock (s).
2. In the event that the same (same) stock (stocks) of transboundary fish species is found (are) both in the exclusive economic zone of the Russian Federation and in the area outside and adjacent to it, the Russian The Federation, directly or through competent international organizations, cooperates with the states that prey (catch) such transboundary fish species in an area adjacent to the exclusive economic zone of the Russian Federation in order to preserve such (such) stock (s) in the specified area Onet, in particular, concludes international treaties with these states on these issues. (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
Article 15. Principles of rational use and conservation of anadromic, catadromic, far migratory species of fish of marine mammals
1. The Russian Federation, which is primarily interested in the stocks of anadromous fish species that are formed in its rivers, lakes and other water bodies, is primarily responsible for the stocks of these fish species in their entire habitat and ensures their conservation by regulating fishing carried out only in waters towards the coast from the external borders of the exclusive economic zone of the Russian Federation. (as amended by Federal laws of 06.12.2007 N 333-ФЗ, dated 03.12.2008 N 250-ФЗ)
2. The Russian Federation shall cooperate with interested states to conclude international treaties in order to preserve stocks of anadromous fish species outside its exclusive economic zone and shall ensure the implementation of the rules established by such international treaties.
3. The Russian Federation is responsible for managing stocks of catadromous fish species and provides migratory fish with access to and exit from the exclusive economic zone. Catadromous fish species are caught (caught) only in waters toward the coast from the external borders of the exclusive economic zone in accordance with this Federal Law. (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
4. The Russian Federation shall cooperate with states through which the catadromous species of fish migrate through the exclusive economic zone to conclude an international treaty with a view to rationally managing the stocks of catadromous fish species, including fisheries, and ensures the implementation of the rules established by such an international treaty. (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
5. The Russian Federation cooperates with interested states to conclude international treaties in order to ensure the rational use and conservation of highly migratory fish species throughout their habitat, including outside its exclusive economic zone.
6. The Russian Federation, in order to conserve, study and manage marine mammals stocks in the exclusive economic zone, cooperates with interested states directly or through relevant international organizations. The Government of the Russian Federation, in order to preserve and restore populations of marine mammals and in other necessary cases, may establish stricter regimes for restricting or regulating the fishing of marine mammals in the exclusive economic zone, up to the prohibition of fishing for certain species of marine mammals, subject to international treaties of the Russian Federation. (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
7. If the international treaties of the Russian Federation referred to in paragraph 2 of this article are not complied with by Russian and foreign applicants and if the stocks of anadromous fish species in their entire habitat are at serious risk, the Russian Federation, by agreement with other interested states, has the right to declare a moratorium on production of anadromous species of fish throughout their habitat. Relevant information on the introduction of a moratorium is sent to interested states and competent international organizations.
CHAPTER III. EXPLORATION AND DEVELOPMENT OF INLIVING RESOURCES, MARINE RESOURCE RESEARCHES OF INLIVING RESOURCES (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 27.12.2009 N 364-ФЗ)
Article 16. Features of exploration and development of non-living resources, marine resource research of non-living resources (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 27.12.2009 N 364-ФЗ)
1. The exploration and development of non-living resources, marine resource studies of non-living resources are carried out on the basis of appropriate licenses, permits issued by federal executive bodies authorized by the Government of the Russian Federation. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
2. The conditions and procedure for issuing the specified license, its contents, the period for which the license is granted, the rights and obligations of license users, requirements for the safe conduct of work, the grounds for termination of the license, antitrust requirements and terms of production sharing are regulated by the Federal Law "On the Continental Shelf" Russian Federation ", the Law of the Russian Federation" On Subsoil ", the Federal Law" On Production Sharing Agreements "and international treaties of the Russian Federation.
3. The conditions provided to foreign citizens and foreign legal entities, foreign states and competent international organizations cannot be more favorable than the conditions provided to citizens of the Russian Federation and Russian legal entities.
Article 17. Energy production through the use of tides, currents and wind
1. Energy production through the use of tides, currents and wind is carried out by citizens of the Russian Federation and Russian legal entities, foreign citizens and foreign legal entities, foreign states and competent international organizations on the basis of a license for the production of energy through the use of tides, currents and wind issued by the federal body executive authority authorized by the Government of the Russian Federation, in agreement with federal authorities, will Flax authorities determined respectively by the President of the Russian Federation, the Russian government, and only in the presence of the positive conclusion of the state ecological expertise. (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
2. The conditions and procedure for issuing the specified license and methods for producing such energy shall be determined by the federal executive body authorized by the Government of the Russian Federation, in agreement with the federal executive bodies, determined respectively by the President of the Russian Federation, the Government of the Russian Federation in accordance with this Federal Law, other federal laws applicable to the exclusive economic zone and activities therein, and international treaties Russian Federation. (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
CHAPTER IV. MARINE RESOURCE RESEARCHES OF WATER BIORESOURCES AND MARINE RESEARCH RESEARCHES (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
Article 18. Plans for marine resource research of aquatic biological resources (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
1. The annual plans for conducting marine resource research on aquatic biological resources (hereinafter referred to as the aquatic biological research) are approved by the federal executive body authorized by the Government of the Russian Federation, in agreement with the federal executive bodies identified by the President of the Russian Federation and the Government of the Russian Federation, taking into account the proposals of the authorities executive power of the constituent entities of the Russian Federation, the territories of which are adjacent to the sea coast. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
2. The annual research plans for aquatic biological resources indicate the participation in research of foreign citizens and foreign legal entities, as well as competent international organizations, including in accordance with international treaties of the Russian Federation or in the framework of international research programs. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
Article 19. Principles for conducting research on aquatic biological resources, submission and content of a request for conducting research on aquatic biological resources (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
1. Research on aquatic biological resources should be exclusively peaceful in nature, including should not pose a threat to the country's defense and state security. (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
Studies of aquatic biological resources can be carried out: (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
federal executive bodies and executive bodies of the constituent entities of the Russian Federation, citizens of the Russian Federation and Russian legal entities (hereinafter referred to as Russian applicants);
foreign citizens and foreign legal entities, foreign states and competent international organizations (hereinafter referred to as foreign applicants). (as amended by the Federal Law of April 22, 2003 N 48-ФЗ)
2. The procedure for submitting and considering requests for conducting research on aquatic biological resources (hereinafter referred to as the request), evaluating requests and making decisions on them is established by the Government of the Russian Federation in accordance with international treaties of the Russian Federation and this Federal Law. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
3. Russian applicants at least six months before the start of the year of conducting research on aquatic biological resources submit a corresponding request to the federal executive body authorized by the Government of the Russian Federation to include the planned research program in the draft annual plan. (as amended by Federal laws of 04.22.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
4. Foreign applicants at least six months before the expected date of the start of research on aquatic biological resources send through diplomatic channels a corresponding request to the federal executive body authorized by the Government of the Russian Federation. (as amended by Federal laws of 04.22.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
5. The request (for foreign applicants - in Russian and in the language of the applicant) must contain: (as amended by the Federal Law of April 22, 2003 N 48-ФЗ)
a program of planned research on aquatic biological resources; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
information on the nature and objectives of research on aquatic biological resources; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
information on the methods and means that will be used in carrying out research on aquatic biological resources, including information on the names, tonnage, types, classes of ships, underwater inhabited and uninhabited vehicles, aircraft, on the technical characteristics of research equipment, on radio equipment and production tools (catch) of aquatic biological resources, as well as a description of the scientific equipment; (as amended by Federal laws of 04.22.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ, dated 03.12.2008 N 250-ФЗ)
names of types of aquatic biological resources that are the objects of resource research; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
geographical coordinates of the areas in which it is planned to conduct research on aquatic biological resources, routes to and from these areas; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
the estimated date of the first arrival in the area in which it is planned to conduct research on aquatic biological resources, and the date of final departure from the specified area, and, as appropriate, the dates of placement and removal of scientific equipment; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
the name of the organization under whose supervision studies of aquatic biological resources are carried out; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
information about the person responsible for conducting research on aquatic biological resources (expedition leader); (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
information on the possible impact of the planned research on the environment, including the marine environment and natural resources of the exclusive economic zone; (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
the obligation to comply with the conditions specified in the permit to conduct research on aquatic biological resources and to ensure that the technical means (including their technical characteristics) used in such studies are technical means (including their technical characteristics) indicated in the request. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
6. Russian applicants provide information on all forms and degree of participation of foreign citizens and foreign legal entities in the study of aquatic biological resources. (as amended by Federal laws of 04.22.2003 N 48-ФЗ, dated 04.11.2006 N 188-Ф З)
7. Foreign applicants provide information on all forms and degree of participation of citizens of the Russian Federation and Russian legal entities in the research of aquatic biological resources conducted by foreign applicants. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
8. Applicants may be required to provide additional information on studies of aquatic biological resources for which permission is requested. In this case, the period for consideration of the request is calculated from the date the applicant submits additional information. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
Article 20. Order of consideration of requests
1. The federal executive body authorized by the Government of the Russian Federation: (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
not later than four months from the date of receipt of the request, sends the applicant permission to conduct research on aquatic biological resources or a notification: (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
refusal of permission to conduct planned research;
on the inconsistency of the information provided in the request, the nature, goals and methods of conducting research on aquatic biological resources, as well as the requirements of Article 19 of this Federal Law; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
about the need to provide additional information on planned studies.
2. A permit to conduct research on aquatic biological resources or a notice of refusal of such a permit shall be sent to the foreign applicant through the federal executive body in the field of foreign affairs. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
3. The basis for issuing a permit to a Russian applicant to conduct research on aquatic biological resources, as a rule, is the inclusion of the relevant research in the annual plan for conducting resource or marine scientific research. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
4. Permission to conduct research on aquatic biological resources shall be issued by the federal executive body authorized by the Government of the Russian Federation, in agreement with the federal executive bodies, respectively determined by the President of the Russian Federation and the Government of the Russian Federation. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
5. The item is excluded. (as amended by the Federal Law of April 22, 2003 N 48-ФЗ)
Article 21. Grounds for refusing permission to conduct research on aquatic biological resources (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
1. Russian and foreign applicants may be denied permission to conduct research on aquatic biological resources if it is in doubt the exclusively peaceful nature of these studies, as well as if these studies: (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
1) incompatible with requirements in the field of environmental protection, including the marine environment and natural resources; (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
2) include the introduction of harmful substances into the marine environment;
3) include the creation, operation or use of artificial islands, installations and structures; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
4) create unjustified interference with the activities carried out by the Russian Federation in the exercise of its sovereign rights and jurisdiction in the exclusive economic zone.
2. A Russian or foreign applicant may be refused permission to conduct research on aquatic biological resources if his information on the nature or purpose of these studies is inaccurate. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
3. A Russian or foreign applicant may be refused permission to conduct research on aquatic biological resources if he has obligations not fulfilled to the Russian Federation arising from previous studies of aquatic biological resources. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
Article 23. Obligations of Russian and foreign applicants conducting research on aquatic biological resources (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
1. Russian and foreign applicants who have received permission to conduct research on aquatic biological resources must: (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
comply with international treaties of the Russian Federation and this Federal Law;
submit to the federal executive body, indicated in the permit to conduct research on aquatic biological resources, preliminary reports on such studies as soon as practicable, and final reports upon completion of research; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
submit, as soon as practicable, copies of data from meteorological, hydrological, hydrochemical, hydrobiological observations, observations of the state of the environment, its pollution, as well as other observations provided for by the aquatic biological research program, to the state data funds of the Russian Federation, the locations of which are indicated in the permit for conducting research on aquatic biological resources; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
regularly liaise with the coastal services of the Russian Federation;
immediately inform the federal executive body indicated in the permit to conduct research on aquatic biological resources of any, including the alleged, change during the implementation of the research program on aquatic biological resources; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
if the necessary equipment is available on research vessels, aircraft, installations and structures, in accordance with standard procedures of the World Meteorological Organization, to transmit to the main international synoptic dates, through the coastal radio center (coastal radio station), the latest meteorological, hydrological and aerological observations to the nearest hydrometeorological center of the Russian Federation, if such observations are provided for by permission to conduct research Biological resources, as well as to report on detected cases of pollution of the marine environment by oil, toxic substances, garbage and sewage; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
not to create unjustified interference with the activities carried out by the Russian Federation in the exercise of its sovereign rights and jurisdiction in the exclusive economic zone;
remove installations, structures and devices upon completion of research on aquatic biological resources, unless otherwise provided by permission to conduct research on aquatic biological resources. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
2. In addition, the Russian applicant, if foreign citizens or foreign legal entities participate in the research of aquatic biological resources conducted by him, and the foreign applicant must ensure the participation of specially authorized representatives of the Russian Federation from the federal executive body in the field of fisheries in these studies, the presence of these representatives namely, their placement and full support on board research vessels, aircraft, on installations and structures along with its own command (leading) staff, as well as providing the indicated representatives of the Russian Federation with access to all data and samples obtained in the course of research of aquatic biological resources, and transmitting to them data from which copies can be made, and samples that can be shared without damage for their scientific value. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
3. The data obtained as a result of studies of aquatic biological resources from which copies can be made, and samples that can be separated without prejudice to their scientific value, after processing and analysis, including final results and conclusions after completion of these studies, Russian and foreign applicants are required to transfer to state scientific organizations of the Russian Federation, the locations of which are indicated in the permit for conducting research on aquatic biological resources. Notification of such a transfer is sent by Russian and foreign applicants to the federal executive body indicated in the permit to conduct research on aquatic biological resources. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
Article 24. Transfer and publication of research results of aquatic biological resources (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
Foreign applicants who have conducted research on aquatic biological resources may publish the results of these studies or transfer them to other persons only with the consent of the Government of the Russian Federation, unless otherwise provided by international treaties of the Russian Federation. Such consent is requested by the foreign applicant through diplomatic channels. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
Article 25. Change in the research program of aquatic biological resources (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
1. The research program of aquatic biological resources, at the proposal of the applicant, may be changed by the federal executive body authorized by the Government of the Russian Federation, in agreement with the federal executive bodies, respectively determined by the President of the Russian Federation and the Government of the Russian Federation. (as amended by Federal laws of 04.22.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
2. A change shall be deemed agreed if the relevant federal executive body authorized by the Government of the Russian Federation, having confirmed receipt of notification of the proposed change, does not notify within 60 days from the date of receipt of the notification of its objections. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 27.12.2009 N 364-ФЗ)
Article 26. Suspension or termination of research of aquatic biological resources (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
1. Studies of aquatic biological resources, conducted in violation of this Federal Law and international treaties of the Russian Federation, may be terminated by decision of the federal executive authority in the field of fisheries or suspended by decision of the federal executive authority in the field of fisheries, the federal executive authority in the field of security , federal executive bodies, respectively identified by the President of the Russian Federation, the Government of Ro sian Federation, as well as specially authorized representatives of the Russian Federation, referred to in Article 23 hereof. (as amended by Federal laws of 04.22.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
2. The resumption of suspended studies of aquatic biological resources is allowed only after elimination of the committed violations and the submission of information on the measures taken to eliminate the committed violations and measures to prevent such violations to the appropriate federal executive body referred to in Article 23 of this Federal Law to the specially authorized representative Of the Russian Federation, which made the decision to suspend research on aquatic biological resources or marine scientific and investigations. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
3. Studies of aquatic biological resources are subject to immediate termination if they are carried out: (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
without the permission of the relevant federal executive body;
with a derogation from conducting research on aquatic biological resources from the information provided in the request in accordance with this Federal Law; (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
without compliance by Russian or foreign applicants with their obligations to the Russian Federation in connection with previously conducted studies of aquatic biological resources. (as amended by Federal Laws of 04.24.2003 N 48-ФЗ, dated 04.11.2006 N 188-ФЗ)
Section 26.1. Marine scientific research (as amended by the Federal Law of April 22, 2003 N 48-ФЗ)
1. Marine scientific research based on appropriate permits may be conducted by Russian applicants, foreign states and competent international organizations, as well as foreign citizens and foreign legal entities authorized by foreign states or competent international organizations.
2. Marine scientific research should be exclusively peaceful in nature, including should not pose a threat to the country's defense and state security. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
3. The conditions and procedure for issuing permits for conducting marine scientific research, as well as the procedure for conducting these studies are established by the Federal Law of November 30, 1995 N 187-ФЗ "On the Continental Shelf of the Russian Federation" and international treaties of the Russian Federation.
4. Marine scientific research, the area of \u200b\u200bwhich is at least partially located in the inland sea waters or in the territorial sea of \u200b\u200bthe Russian Federation, shall be carried out in the manner provided for by the Federal Law of July 31, 1998 N 155-ФЗ "On Inland Sea Waters, the Territorial Sea and the Adjacent zone of the Russian Federation. "
5. The placement and use in the exclusive economic zone of research facilities and equipment of any type, with the exception of those that are directly designed for conducting research on aquatic biological resources or inanimate resources, as well as ensuring the defense and security of the Russian Federation, shall be carried out in the manner provided for by this Federal law for marine scientific research. At the same time, these installations and equipment must bear identification marks indicating the state of registration or the competent international organization to which they belong, and also have appropriate, internationally agreed means of warning to ensure the safety of sea and air navigation, taking into account the norms and standards established by competent international organizations. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
CHAPTER V. PROTECTION TO PRESERVATION OF THE MARINE ENVIRONMENT
Article 27. State Ecological Expertise in the Exclusive Economic Zone (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
1. State environmental review in the exclusive economic zone (hereinafter referred to as state environmental review): (as amended by Federal Law of 18.07.2011 N 242-ФЗ)
1. State environmental supervision in the exclusive economic zone of the Russian Federation is a system of measures for the prevention, detection and suppression of violations of the requirements of international treaties of the Russian Federation and the legislation of the Russian Federation in the field of environmental protection.
2. State environmental supervision in the exclusive economic zone of the Russian Federation is carried out by the authorized federal executive body in the exercise of federal state environmental supervision in the manner prescribed by the legislation of the Russian Federation.
Article 29. State monitoring of the exclusive economic zone (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
1. State monitoring of the exclusive economic zone (hereinafter referred to as state monitoring), which is an integral part of state environmental monitoring (state environmental monitoring), is a system of regular observations, assessments and forecasts of the state of the marine environment and bottom sediments, including observations of chemical and radioactive contamination, microbiological and hydrobiological parameters and their changes under the influence of natural and anthropogenic factors . (as amended by Federal laws of December 27, 2009 N 364-ФЗ, dated November 21, 2011 N 331-ФЗ)
2. State monitoring is carried out by federal executive bodies authorized by the Government of the Russian Federation in the manner established by the legislation of the Russian Federation. (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
Article 30. Discharge of harmful substances
1. The requirements for the prevention, reduction and control of pollution from ships, aircraft, artificial islands, installations and structures, operating within the territorial sea and inland waters of the Russian Federation, by this Federal Law shall apply to the exclusive economic zone taking into account international norms and standards and international treaties of the Russian Federation. (as amended by the Federal Law of 05.04.2016 N 104-ФЗ)
2. The list of harmful substances, the discharge of which in the exclusive economic zone from ships, other floating equipment, aircraft, artificial islands, installations and structures is prohibited, the limits of permissible concentrations of harmful substances, the discharge of which is allowed only during normal operation of ships, other floating means, aircraft, artificial islands, installations and structures, and the conditions for the discharge of harmful substances are established by the Government of the Russian Federation taking into account international treaties th Federation and published in "Notices to Mariners".
Section 31. Marine Accidents
If a collision of ships, landing of a ship stranded, a marine accident during the exploration or fishing, exploration and development of natural resources of the exclusive economic zone, or another marine accident that occurred in the exclusive economic zone, or actions to eliminate the consequences of such accidents have led or may lead to serious harmful consequences, the Government of the Russian Federation in accordance with international law is entitled to take the necessary measures commensurate with actual or impending damage , in order to protect the coast of the Russian Federation or related interests (including fishing) from pollution or the threat of pollution. (as amended by Federal laws of 04.11.2006 N 188-ФЗ, dated 03.12.2008 N 250-ФЗ, dated 27.12.2009 N 364-ФЗ)
Section 32. Protection and Preservation of Ice-Covered Areas
For areas that are within the exclusive economic zone and where particularly harsh climatic conditions and the presence of ice covering such areas for most of the year create obstacles or increased danger to navigation, and pollution of the marine environment can cause serious harm to the ecological balance or irreversibly violate it, the Russian Federation in order to prevent, reduce and control pollution of the marine environment may adopt federal laws and other regulatory acts Avov acts and ensure their compliance. Federal laws and other regulatory legal acts take into account shipping, protection and conservation of the marine environment and natural resources of the exclusive economic zone on the basis of the most reliable scientific data available. The boundaries of such areas are published in the Notices to Mariners. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
3. The officials of the security agencies, in the performance of their official duties, are guided by this Federal Law and international treaties of the Russian Federation, as well as other legislative and other regulatory legal acts of the Russian Federation.
4. Officials of security bodies, in the performance of their official duties in the exclusive economic zone, must have appropriate official certificates. Instructions from security officials given within their authority are binding on citizens of the Russian Federation and Russian legal entities, foreign citizens and foreign legal entities, as well as on representatives of foreign states and competent international organizations operating in the exclusive economic zone. (as amended by Federal Laws
3) in the cases provided for by this Federal Law and international treaties of the Russian Federation:
suspend the activities referred to in subparagraph 1 of paragraph 1 of this article that violate this Federal Law and international treaties of the Russian Federation;
to detain violators of this Federal Law and international treaties of the Russian Federation and to seize from them tools for the extraction (catch) of aquatic biological resources, equipment, tools, plants and other items, as well as documents and everything illegally obtained as a temporary measure until a final court decision is made in order to prevent violation and providing evidence of the path of such violation, as well as in order to enforce the court decision; (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
to detain vessels that violate this Federal Law and international treaties of the Russian Federation in carrying out the activities specified in subparagraph 1 of paragraph 1 of this article, and deliver them to the nearest port of the Russian Federation (foreign vessels - to one of the ports of the Russian Federation open for foreign vessels to call) ;
pursue in hot pursuit and detain vessels violating this Federal Law and international treaties of the Russian Federation in carrying out the activities specified in subparagraph 1 of paragraph 1 of this article, and deliver them to the nearest port of the Russian Federation (foreign vessels - to one of the ports of the Russian Federation open for calling foreign ships);
in accordance with the legislation of the Russian Federation, impose fines on perpetrators or bring claims against violators in the courts of the Russian Federation with the transfer to them of detained violating vessels, seized implements for the extraction (catch) of aquatic biological resources, equipment, tools, installations and other items, as well as documents and everything illegally obtained; (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
4) to stop vessels, if there is sufficient reason to believe that these vessels have carried out illegal dumping of harmful substances in the exclusive economic zone. The captain of a stopped ship may be required to obtain the information necessary to establish whether a violation has been committed, and the ship itself may be inspected with a protocol of inspection followed by detention, if there are sufficient grounds for this;
5) draw up reports on violations of this Federal Law and international treaties of the Russian Federation, suspension or termination of activities specified in subparagraph 1 of paragraph 1 of this article, on the detention of violators and offending vessels, on temporary, up to a final court decision, seizure of production tools (catch) of aquatic biological resources, equipment, tools, installations and other items, as well as documents and all illegally obtained. The procedure for hot pursuit, stopping, inspection and detention of ships, inspection of artificial islands, installations and structures, the procedure for compiling protocols and the procedure for finding detained offending vessels in the ports of the Russian Federation are determined in accordance with the legislation of the Russian Federation and international law; (as amended by Federal Law of 03.12.2008 N 250-ФЗ)
6) use weapons against violators of this Federal Law and international treaties of the Russian Federation to repel their attack and terminate resistance in the event that the lives of security officials are in immediate danger. The use of weapons must be preceded by a clear warning of the intention to use them and a warning shot up.
2. Warships and aircraft of the federal executive body in the field of security may use weapons against ships that violate this Federal Law and international treaties of the Russian Federation in response to their use of force, as well as in other exceptional cases when pursuing without delay, when all other measures required by the circumstances have been exhausted, necessary to stop the violation and to detain the violators. The use of weapons must be preceded by a clear warning of the intention to use them and warning shots. The procedure for using weapons is determined by the Government of the Russian Federation. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
3. Officials of security agencies shall enjoy the rights provided for by this Federal Law also in relation to vessels located in the territorial sea or in the internal waters of the Russian Federation, if there are sufficient grounds to believe that these vessels have violated this Federal Law or international treaties in the exclusive economic zone Russian Federation.
Article 37. Assistance to security bodies
1. The federal executive bodies, identified respectively by the President of the Russian Federation, the Government of the Russian Federation, along with the solution of their main tasks, provide assistance to the security bodies in the exercise of their functions by monitoring activities within the exclusive economic zone using warships, ships, coastal posts and other means, as well as aircraft. (as amended by Federal Laws dated 04.11.2006 N 188-ФЗ, dated 27.12.2009 N 364-ФЗ)
2. Captains of ships and commanders of warships, aircraft of the Russian Federation and persons responsible for activities on artificial islands, installations and structures, as well as on coastal posts and other means, inform the security authorities about the detection of warships, ships, installations and facilities not reported in the Notices to Mariners. Such information is transmitted free of charge through the appropriate dispatch services.
3. Citizens of the Russian Federation and Russian legal entities operating in the exclusive economic zone shall inform the security authorities free of charge upon their requests about the location and operations of their ships, artificial islands, installations and structures.
Article 38. Economic incentives for employees of security bodies
1. Economic incentives for employees of security agencies are carried out in accordance with the legislation of the Russian Federation.
2. Economic incentives for security personnel may include:
the establishment of tax benefits;
the establishment of official and other allowances for special conditions for the protection of the exclusive economic zone and its aquatic biological resources and non-living resources; (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
bonuses for revealed violations of this Federal Law and international treaties of the Russian Federation;
the provision of other benefits established by federal laws and other regulatory legal acts of the Russian Federation.
Article 39. Features of liability for violations of this Federal Law
1. An arrested foreign ship and its crew shall be released immediately after the provision of a reasonable security deposit or other security by the Russian Federation.
2. In the event that foreign citizens are held accountable for violations of the provisions of this Federal Law and international treaties of the Russian Federation relating to aquatic biological resources of the exclusive economic zone, the punishment in the form of deprivation of liberty in the absence of an international agreement between the Russian Federation and the state of citizenship of these persons to the contrary or any other form of personal punishment. (as amended by the Federal Law of 04.11.2006 N 188-ФЗ)
Section 40. Responsibility for Violation of this Federal Law (as amended by Federal Law of December 27, 2009 N 364-ФЗ)
1. Persons guilty of violation of this Federal Law shall be liable in accordance with the legislation of the Russian Federation.
2. Holding liable for violation of this Federal Law does not release the guilty persons from the obligation to compensate for the damage in the manner prescribed by the legislation of the Russian Federation.
Section 41. Settlement of Disputes
1. Disputes between citizens, legal entities, citizens and legal entities regarding the exercise of their rights and obligations in the exclusive economic zone are resolved in court by the courts of the Russian Federation.
2. Disputes between the Russian Federation and foreign states over the exercise of their rights and obligations in the exclusive economic zone shall be resolved by peaceful means in accordance with international treaties of the Russian Federation and international law.
Article 42. State control (supervision) over the implementation of this Federal Law (as amended by the Federal Law of 10.14.2014 N 307-FZ)
State control (supervision) over compliance with the requirements established by this Federal Law is carried out by authorized federal executive bodies within their competence in accordance with the legislation of the Russian Federation.
07/03/2016 No. 349-FZ (entered into force 01/01/2019), 06/27/2018 No.)
This Federal Law determines the status of the exclusive economic zone of the Russian Federation, the sovereign rights and jurisdiction of the Russian Federation in its exclusive economic zone and their implementation in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation. Issues related to the exclusive economic zone of the Russian Federation and activities in it that are not provided for by this Federal Law shall be governed by other federal laws applicable to the exclusive economic zone of the Russian Federation and activities in it.
Chapter I. General Provisions
Article 1. Definition and boundaries of the exclusive economic zone of the Russian Federation
1. The exclusive economic zone of the Russian Federation (hereinafter referred to as the exclusive economic zone) is a marine area located outside the territorial sea of \u200b\u200bthe Russian Federation (hereinafter - the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation Federation and international law.
The definition of an exclusive economic zone also applies to all islands of the Russian Federation, with the exception of rocks, which are not suitable for maintaining human life or for carrying out independent economic activities.
2. The internal border of the exclusive economic zone is the external border of the territorial sea.
3. The external border of the exclusive economic zone is 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, unless otherwise provided by international treaties of the Russian Federation.
Article 2. Delimitation of the exclusive economic zone
The delimitation of the exclusive economic zone between the Russian Federation and the states whose coasts are opposite the coast of the Russian Federation or are adjacent to the coast of the Russian Federation is carried out in accordance with international treaties of the Russian Federation or generally recognized principles and norms of international law.
Article 3. Maps and lists of geographical coordinates
1. Lines of external borders of the exclusive economic zone or substitutes for them, approved by the Government of the Russian Federation lists of geographic coordinates of points indicating the basic geodetic data and delimitation lines defined by international treaties of the Russian Federation or based on generally recognized principles and norms of international law, are indicated on maps of the established scale and published in Notices to Mariners.
2. The formation of a data bank on the external border of the exclusive economic zone is carried out by the federal executive body specially authorized by the Government of the Russian Federation.