The Russian Federation in the exclusive economic zone carries out. Exclusive economic zone - what is it? Chapter IV
1. Exceptional economic zone Russian Federation(hereinafter also - the exclusive economic zone) - a sea area located outside the territorial sea of the 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 and the norms of international law.
The definition of an exclusive economic zone also applies to all the islands of the Russian Federation, with the exception of rocks that are not suitable for supporting human life or for independent economic activity.
2. The inner boundary of the exclusive economic zone is the outer boundary of the territorial sea.
3. The outer boundary of the exclusive economic zone is located at a distance of 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. А33-9567/2018
Arbitration Court of the East Siberian District (FAS VSO)
The consideration of the cassation appeal did not establish the grounds provided for in Article 288 of the Arbitration Procedure Code of the Russian Federation for the cancellation of 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 Arbitration Procedure Code of the Russian Federation, must be left unchanged. Guided by Articles 274, 286-289 of the Arbitration Procedure Code of the Russian Federation, the Arbitration Court of the East Siberian District DECIDED: The decision ...
Decision dated December 5, 2018 in case No. А40-213528/2018
A non-profit organization with the status of a self-regulatory organization based on the membership of persons engaged in construction or preparation of project documentation or engineering surveys and complying with the requirements established by parts 1 - 2 of Article 55.4 of the Code, based on the applications of its members, no later than 07/01/2017 was obliged to form compensation fund compensation for damages in accordance with part 10 ...
Decision dated December 5, 2018 in case No. А40-201307/2018
Arbitration Court of the City of Moscow (AC of the City of Moscow)
The applicant from the register of SROs before the expiration of the deadlines for eliminating violations established in the order of 07/19/2018 is unreasonable due to the following. As follows from paragraph 2. 1 . one . Conclusions NOSTROY, this conclusion is drawn up in accordance with part 11 of Article 55.19 of the Civil Code of the Russian Federation on the basis of the request of Rostekhnadzor dated July 20, 2018 No. 09-01-04 / 6671. Specified...
Decision dated November 28, 2018 in case No. А40-232457/2018
Arbitration Court of the City of Moscow (AC of the City of Moscow)
Having considered the materials of the case, examining the evidence presented, having listened to the arguments of the representatives of the parties, arbitration court found that the stated requirements are subject to satisfaction on the following grounds. In accordance with Part 1 of Article 198 of the Arbitration Procedure Code of the Russian Federation, citizens, organizations and other persons have the right to apply to an arbitration court with an application for invalidation of non-normative legal acts, illegal decisions and actions (inaction) ...
Decision dated November 13, 2018 in case No. А51-15564/2018
Arbitration Court of Primorsky Territory (AC Primorsky Territory)
A fine of 200,000 rubles. is unjustifiably punitive, and therefore, asks to apply the provisions of parts 3.2 and 3.3 of Article 4. 1 of the Code of Administrative Offenses of the Russian Federation and reduce administrative penalty below the lower limit. The administrative body submitted a response to the application, in which the applicant's claim was not recognized, considers that the audit materials confirm as ...
Decision dated November 6, 2018 in case No. А40-222177/2018
Arbitration Court of the City of Moscow (AC of the City of Moscow)
Justified and does not violate the rights and legitimate interests Applicant. In view of the foregoing, the court considers that the stated requirements are not subject to satisfaction. Based on the above, Article.Article. one . 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 dated October 29, 2018 in case No. 12-51/2018
Lazovsky District Court (Primorsky Krai) - Administrative offenses
The representative of the administrative body, having been duly notified of the date, time and place of the court session, did not appear. Taking into account the above and guided by paragraph. 4 h. 1 Article. 30.6 of the Code of Administrative Offenses of the Russian Federation, I believe it is possible to consider the complaint in the absence of those who did not appear. Having examined the arguments of the complaint and the materials of the case on an administrative offense, I come to the following conclusions. Article...
Ruling dated October 26, 2018 in case No. А40-51703/2018
Ninth Arbitration Court of Appeal (9 AAS)
Conclusion about the absence of population necessary conditions to meet stated requirements. In refusing to satisfy the stated requirements, the court of first instance was rightly guided by the following. In accordance with Part. 2. 1 Article. 1 of the Federal Law dated December 1, 2007 No. 315-FZ “On self-regulatory organizations» features of self-regulation in the field engineering surveys, architectural and construction design, construction, reconstruction, overhaul objects...
the federal law dated December 17, 1998 No. 191-FZ "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 also referred to as the exclusive economic zone) is a sea area located outside the territorial sea of the Russian Federation (hereinafter referred to as the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation and international law.
The definition of an exclusive economic zone also applies to all the islands of the Russian Federation, with the exception of rocks that are not suitable for supporting human life or for independent economic activity.
- 2. The inner boundary of the exclusive economic zone is the outer boundary of the territorial sea.
- 3. The outer boundary of the exclusive economic zone is located at a distance of 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 shall 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 subsoil;
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 in a state of natural freedom, with the exception of living organisms of "sessile 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 the 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 research, aimed at obtaining knowledge on all aspects of natural processes occurring on the seabed and in its subsoil, in the water column and atmosphere;
marine resource research in the exclusive economic zone (hereinafter referred to as marine resource research) - applied research work aimed at exploration, development and conservation natural resources exclusive economic zone;
harmful substance - a substance that, when released into the marine environment, is capable of creating a hazard to human health, causing damage to the environment, including the marine environment and natural resources of the exclusive economic zone, worsening recreational conditions or interfering 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 craft (hereinafter referred to as ships), aircraft, artificial islands, installations and structures, whatever the reasons, including any leakage, removal, spill, leakage, pumping, release or emptying; the discharge of harmful substances does not include the release of harmful substances occurring directly as a result of the exploration, development and related processes of processing at sea of the mineral resources of the continental shelf of the Russian Federation, as well as the discharge of harmful substances for 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 may lead to such detrimental consequences as harming aquatic biological resources and life in the sea, endangering human health, interfering with activities at sea, in including for fishing and other legitimate uses of the sea, deterioration in the quality of sea water used and deterioration in recreational conditions;
dumping - any intentional removal 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; disposal is not considered to be the disposal of wastes or other materials inherent in or resulting from the normal operation of ships, aircraft, artificial islands, installations and structures, with the exception of wastes or other materials transported by ships, aircraft, installations and structures that are operated for the disposal of these materials, or brought to such ships, aircraft, artificial islands, installations and structures, as well as with the exception of those resulting from the processing of such wastes or other materials on such ships, aircraft, artificial islands, installations and structures; placement of materials for other purposes than their simple removal, provided that this does not contradict the objectives of this Federal Law and international treaties of the Russian Federation;
artificial islands - permanently fixed in accordance with 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 maximum tide;
installations, structures - fixed and floating (mobile) drilling rigs (platforms), offshore floating (mobile) platforms, offshore fixed 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 shall:
- 1) sovereign rights for the purpose of exploration, development and conservation of aquatic biological resources and non-living resources and management of such resources, as well as in relation to other types of economic exploration and development of the exclusive economic zone;
- 2) sovereign rights for the purpose of 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 “sessile 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 "sessile species", are carried out in accordance with the Law of the Russian Federation "On Subsoil", the Federal Law of December 20, 2004 No. 166-FZ “On Fisheries and the Conservation of Aquatic Biological Resources” (hereinafter referred to as the Federal Law “On Fisheries and the Conservation of Aquatic Biological Resources”), the Federal Law “On the Continental Shelf of the Russian Federation”, other federal laws applicable to the exclusive economic zone and activities in it;
- 3) the exclusive right to permit and regulate drilling operations on the seabed and in its subsoil 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 to permit and regulate the creation, operation and use of artificial islands, installations and structures. The Russian Federation shall exercise 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 relating to security. The 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;
protecting and preserving 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, is 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, does not interfere with navigation, flights, other rights and freedoms of other states recognized in accordance with the 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 freedoms of navigation and overflight, laying of submarine cables and pipelines, as well as other types of use of the sea, lawful from the point of view of international law, related to these freedoms, related to the operation of ships, aircraft and submarine cables and pipelines.
- 2. These freedoms are exercised subject to this Federal Law and international treaties of the Russian Federation, and also 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 cases provided for by the Federal Law "On Fishing and Conservation of 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 this article, are required to:
- 1) comply with the rules of fishing and other requirements established in accordance with the legislation of the Russian Federation, as well as comply with the conditions for the implementation of fishing and the conservation of aquatic biological resources contained in the decisions of state authorities and agreements on the basis of which the right to harvest (catch) aquatic biological resources arises, permits for extraction (catch) of aquatic biological resources and permits for marine resource research of aquatic biological resources;
- 2) prevent violation of the habitat of aquatic biological resources;
- 3) prevent illegal acclimatization of aquatic biological resources;
- 4) comply with the requirements of the quarantine regime;
- 5) ensure unhindered access to the ship for officials of security bodies;
- 6) provide, at the expense of the applicant, optimal conditions for the work of security officials;
- 7) provide freely and free of charge reporting materials on the timing, types and areas of harvesting (catching) of aquatic biological resources, on the catches of aquatic biological resources, including information on the quantity, quality and types of catches of aquatic biological resources, unloaded on other vessels or loaded from other vessels, fish products and other products from aquatic biological resources, on the quantity, quality and types of catches of aquatic biological resources unloaded or loaded in foreign ports, fish products and other products from aquatic biological resources, to the federal executive authorities determined accordingly by the President of the Russian Federation, the Government of the Russian Federation;
- 8) regularly maintain contact with the coastal services of the Russian Federation and, if appropriate equipment is available, transmit operational data of meteorological and hydrological observations to the nearest radiometeorological center of the Russian Federation at the main international synoptic times in accordance with the standard procedures of the World Meteorological Organization, as well as emergency information about visually marked oil marine pollution;
- 9) keep a fishing log in accordance with the form established federal agency executive power 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 at 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 tool for the extraction (catch) of aquatic biological resources.
- 3. Foreign vessels engaged in fishing in the exclusive economic zone are also required to:
- 1) submit to the federal executive authorities, determined respectively by the President of the Russian Federation, the Government of the Russian Federation, by fax or telegraph, daily information on each entry into the area for the implementation of permitted fishing and exit from the specified area with the obligatory passage of control points upon entry and exit;
- 2) daily inform the security authorities about the location of vessels when fishing or when accepting catches of 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 place of fishing and back and the use of radio communications, as well as bear all the costs of maintaining, accommodating and fully providing security officials from the moment they arrive on the ship and until the moment they leave the ship on an equal basis with the command (leading) staff 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 outside it are prohibited from carrying out activities not provided for by decisions of state authorities and agreements on the basis of which the right to harvest (catch) aquatic biological resources arises, permissions to harvest (catch) aquatic biological resources and conducting marine resource studies of aquatic biological resources loading, unloading or transshipment of catches of aquatic biological resources, fish products and other products from aquatic biological resources.
- 5. Loading, unloading, reloading of catches of aquatic biological resources, fish products and other products from aquatic biological resources must be carried out in the presence of an official of the protection authority.
Article 14. Features of the rational use and conservation of straddling and transboundary fish species
- 1. In the event that the same (same) stock (stocks) of straddling fish species are found (are found) 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 maintain and increase such (s) stock(s).
- 2. In the event that the same (same) stock (stocks) of straddling fish species is (are) found 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 engaged in harvesting (catch) of such transboundary fish species in the area adjacent to the exclusive economic zone of the Russian Federation in order to preserve such (such) stock (stocks) in the specified area, including with the relevant states international treaties on these issues.
Article 15
- 1. The Russian Federation, which is primarily interested in the stocks of anadromous fish species that form in its rivers, lakes and other water bodies, bears primary responsibility for the stocks of these fish species throughout their habitat and ensures their conservation by regulating fisheries, carried out only in the 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 agreements for the conservation of anadromous fish stocks outside its exclusive economic zone and ensure the implementation of the rules established by such international agreements.
- 3. The Russian Federation shall be responsible for the management of stocks of catadromous fish species and ensure that migratory fish have access to and exit from the exclusive economic zone. Production (catch) of catadromous fish species is carried out only in the waters towards the coast from the outer boundaries of the exclusive economic zone in accordance with this Federal Law.
- 4. The Russian Federation shall cooperate with the states through whose exclusive economic zone catadromous fish species migrate to conclude an international treaty for the rational management of catadromous fish stocks, including fishing, and ensure the implementation of the rules established by such an international treaty.
- 5. The Russian Federation cooperates with interested states to conclude international agreements 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 mammal 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 and including prohibition of fishing certain types marine mammals, taking into account international treaties of the Russian Federation.
- 7. In the event that the international treaties of the Russian Federation referred to in paragraph 2 of this article are not observed by Russian and foreign applicants and if the stocks of anadromous fish species throughout their habitat are seriously endangered, the Russian Federation, by agreement with other interested states, has the right to declare a moratorium on harvesting of anadromous fish species throughout their habitat. Relevant information on the introduction of the moratorium is sent to the interested states and competent international organizations.
Article 16
- 1. Exploration and development of non-living resources, marine resource research 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 said license, its content, the term for which the license is granted, the rights and obligations of users of the license, the requirements for the safe conduct of work, the grounds for terminating the license, antimonopoly requirements and the conditions for sharing production are regulated by the Federal Law "On the Continental Shelf of the 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 to prevent, detect and suppress 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 - state monitoring), which is integral part state environmental monitoring(state monitoring of the environment), is a system of regular observations, assessment and forecast of the state of the marine environment and bottom sediments, including observations of indicators 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 prescribed by the legislation of the Russian Federation.
Article 30. Dumping of harmful substances
- 1. Requirements for the prevention, reduction and control of pollution from ships, aircraft, artificial islands, installations and structures operating within the territorial sea and internal waters of the Russian Federation, by this Federal Law apply 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 craft, aircraft, artificial islands, installations and structures is prohibited, the limits of permissible concentrations of harmful substances, the discharge of which is allowed only during the normal operation of ships, other floating craft, 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 of the Russian Federation and are published in the Notices to Mariners.
Article 31. Marine accidents
If a collision of ships, a ship running aground, a marine accident during the 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 the norms of international law, have the right to take the necessary measures, commensurate with the actual or threatened damage, in order to protect the coast of the Russian Federation or interests related to it (including fishing) from pollution or the threat of pollution.
Article 32 Protection and preservation of ice-covered areas
With regard to areas that are within the exclusive economic zone and where particularly severe 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 damage 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 normative legal acts and ensure their observance. Federal laws and other regulatory legal acts take into account navigation, 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 Notices to Mariners.
Article 33 Protection and preservation of special areas
For certain areas of the exclusive economic zone, where, for recognized technical reasons related to the oceanographic and environmental conditions of these areas and the specifics of transportation, it is necessary to adopt special mandatory methods for the prevention of pollution from ships by 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 control pollution of the marine environment. The boundaries of such areas are published in Notices to Mariners.
Article 40. Responsibility for Violations of this Federal Law
- 1. Persons guilty of violating this Federal Law shall bear responsibility in accordance with the legislation of the Russian Federation.
- 2. Calling to account for a violation of this Federal Law does not release the perpetrators from the obligation to compensate for the damage inflicted in the manner established by the legislation of the Russian Federation.
It does not work Edition from 17.12.1998
FEDERAL LAW No. 191-FZ of December 17, 1998 "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 relating to the exclusive economic zone of the Russian Federation and activities in it, not provided for by this Federal Law, are regulated 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 also referred to as the exclusive economic zone) is a sea area located outside the territorial sea of the Russian Federation (hereinafter referred to as the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation and international law.
The definition of an exclusive economic zone also applies to all the islands of the Russian Federation, with the exception of rocks that are not suitable for supporting human life or for independent economic activity.
2. The inner boundary of the exclusive economic zone is the outer boundary of the territorial sea.
3. The outer boundary of the exclusive economic zone is located at a distance of 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 the international treaties of the Russian Federation or generally recognized principles and norms of international law.
1. The lines of the external boundaries of the exclusive economic zone or replacing them, lists of geographical coordinates of points approved by the Government of the Russian Federation, indicating the main initial geodetic data and delimitation lines, determined by international treaties of the Russian Federation or on the basis of generally recognized principles and norms of international law, are indicated on maps of a fixed scale and published in Notices to Mariners.
2. The formation of a data bank on the outer border of the exclusive economic zone is carried out by the federal executive body specially authorized for this by the Government of the Russian Federation.
1. For the purposes of this Federal Law, the following basic concepts shall 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 subsoil;
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 "sessile 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 the 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 fish species - fish species that form in rivers, lakes and other water bodies of the Russian Federation, then migrate to the sea for feeding and return to spawn in the places of their formation;
catadromous fish species - fish species that spend most of their life cycle in the waters of the Russian Federation, including internal waters and the territorial sea;
transboundary fish species - species of fish, mollusks and crustaceans, with the exception of living organisms of "sessile 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 area habitats of these types of living resources;
transzonal fish species - fish species found in the exclusive economic zone and in the exclusive economic zones adjacent to it of foreign states, which are a single habitat for these types of living resources;
highly migratory species - species of fish and cetaceans capable of emigrating over long distances and found in commercial concentrations both in the exclusive economic zone and far beyond its borders;
fishing of living resources - a complex process that includes the search for and capture (extraction) of aquatic biological resources, acceptance, processing, transportation, storage of products, their reloading, as well as the supply of fishing vessels and installations with fuel, water, food, packaging and other materials;
marine scientific research in the exclusive economic zone (hereinafter - 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 atmosphere;
marine resource research in the exclusive economic zone (hereinafter - resource research) - applied research work aimed at the study, exploration and fishing of living resources, as well as the study, exploration and development of non-living resources;
harmful substance - a substance that, if released into the marine environment, is capable of creating a hazard to human health, damaging living resources, marine flora and fauna, worsening recreational conditions or interfering 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 craft (hereinafter referred to as ships), aircraft, artificial islands, installations and structures, whatever the reasons, including any leakage, removal, spill, leakage, pumping, release or emptying; the discharge of harmful substances does not include the release of harmful substances occurring directly as a result of the exploration, development and related processes of processing at sea of the mineral resources of the continental shelf of the Russian Federation, as well as the discharge of harmful substances for legitimate scientific research in order to combat pollution or control it;
pollution of the marine environment - the introduction by man, directly or indirectly, of substances or energy into the marine environment, which leads or may lead to such detrimental consequences as harming living resources and life in the sea, endangering human health, interfering with activities at sea, in including for fishing and other legitimate uses of the sea, deterioration in the quality of sea water used and deterioration in recreational conditions;
dumping - any intentional removal 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; disposal is not considered to be the disposal of wastes or other materials inherent in or resulting from the normal operation of ships, aircraft, artificial islands, installations and structures, with the exception of wastes or other materials transported by ships, aircraft, installations and structures that are operated for the disposal of these materials, or brought to such ships, aircraft, artificial islands, installations and structures, as well as with the exception of those resulting from the processing of such wastes or other materials on such ships, aircraft, artificial islands, installations and structures; placement of materials for other purposes than their simple removal, provided that this does not contradict the objectives 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 "sessile species" and species of marine mammals, for individual seas and oceans is established by a specially authorized federal executive body for fisheries in agreement with specially authorized federal executive body for environmental protection.
1. The Russian Federation in the exclusive economic zone shall:
1) sovereign rights for the purpose of exploration, exploitation, harvesting and conservation of living and non-living resources and management of such resources, as well as in relation to other types of economic exploration and development of the exclusive economic zone;
2) sovereign rights for the purpose of exploration of the seabed and its subsoil and the exploitation of mineral and other non-living resources, as well as the harvesting of living organisms belonging to the "sessile species" of the seabed and its subsoil. Geological study, prospecting, exploration and development of mineral and other non-living resources of the seabed and its subsoil, as well as fishing for living organisms belonging to "sessile species" are carried out in accordance with the Law "On the Continental Shelf of the Russian Federation", other federal laws, applicable to the exclusive economic zone and activities in it;
3) the exclusive right to permit and regulate drilling operations on the seabed and in its subsoil 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 to permit and regulate the creation, operation and use of artificial islands, installations and structures. The Russian Federation shall exercise 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 relating to security. The 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;
protecting and preserving 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, is 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, does not interfere with navigation, flights, other rights and freedoms of other states recognized in accordance with the 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; regulation of exploration, development (fishing) of such resources and their protection are within the competence of the Government of the Russian Federation.
1. In the exclusive economic zone, all states enjoy freedoms of navigation and overflight, laying of submarine cables and pipelines, as well as other types of use of the sea, lawful from the point of view of international law, related to these freedoms related to the operation of ships, aircraft and submarine cables and pipelines .
2. These freedoms shall be exercised subject to 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 state authorities in the exclusive economic zone includes:
1) development and improvement of the legislation of the Russian Federation on the exclusive economic zone and 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 a strategy for the study and harvesting of living resources, search, exploration and development of non-living resources, protection and conservation of the marine environment, living and non-living resources on the basis of federal strategies, programs and plans, taking into account the conclusions of the state environmental review, as well as taking into account economic interests indigenous peoples and ethnic communities of the North and Far East Russian Federation and population in places permanent residence in the territories adjacent to the sea coast, the way of life, employment and economy of which are traditionally based on the harvest of living resources, federal programs and plans are drawn up with the participation of the 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 provide for the use coastal infrastructure of the relevant subjects of the Russian Federation;
4) determination of the total allowable catch of living resources by areas of their catch (harvesting) and types of living resources, taking into account the most reliable scientific data available, the provisions of international treaties of the Russian Federation and decisions of competent international organizations to which the Russian Federation is a member;
5) establishing the procedure for issuing declarations on the types and volumes of living resources caught (harvested) by Russian and foreign ships in the exclusive economic zone, as well as on products made from these resources;
6) establishing, 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 the use of 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) 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, prohibitions and restrictions on the use of living resources, as well as the establishment of rules and norms for the reproduction of living resources;
8) development and implementation of a system for monitoring and controlling fishing activities in the exclusive economic zone, including using space communications and radio navigation;
9) 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 loss of living resources in the course of economic or other activities and navigation;
10) rendering assistance to living resources, including marine mammals, in the event of a threat to their lives during natural disasters or due to other reasons;
11) establishing, 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 procedure for licensing, and the development of appropriate standards (norms and rules);
12) registration of work on the study, exploration and development of non-living resources, drawing up the federal balance of reserves of non-living resources;
13) control over the rational use and conservation of living and non-living resources, protection and protection of the marine environment, living and non-living resources with the involvement of public authorities of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast;
14) regulation of resource and marine scientific research;
15) establishment of checkpoints (points) and the procedure for passing them by Russian and foreign vessels participating in the harvest of living resources and proceeding to the exclusive economic zone and leaving it, in order to carry out control and verification activities;
16) 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 to conduct marine scientific research in connection with the conduct (or planning conduct) in the specified areas of work on the exploration and development of non-living resources and the fishing of living resources with the indication of the geographical coordinates of such areas in the "Notices to Mariners"
17) establishment of a payment system, determination of the amount, conditions and procedure for charging fees 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 purpose of studying, searching, exploring and developing non-living resources and fishing for 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 non-living 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 conditions for laying 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 (fishing) of natural resources of the exclusive economic zone;
21) carrying out state environmental expertise, 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 whose territories are adjacent to the sea coast;
22) maintenance of the Russian State Data Fund on the state of the exclusive economic zone and the state of its living and non-living resources;
23) establishment of a legal regime in the zones of emergency environmental situations and environmental disasters; ensuring immediate action to eliminate the consequences of accidents resulting in pollution by oil or substances other than oil;
24) establishment of environmental regulations (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 hazardous substances, waste and other materials, the discharge and disposal of which in the exclusive economic zone is prohibited , regulation of the discharge of harmful substances and the disposal of waste and other materials, as well as control over the said 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 violation of their habitat, conditions of reproduction (spawning) and migration; creation of nature reserves, sanctuaries, protected areas and the establishment of other specially protected natural areas, including those adjacent to resorts, health resorts 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 bringing to justice persons guilty of committing unlawful actions;
27) resolution of disputes in relation to the exclusive economic zone and activities in it;
28) conclusion and implementation of international treaties of the Russian Federation in relation to the exclusive economic zone and activities in it.
Chapter II. MANAGEMENT AND CONSERVATION OF LIVING RESOURCES1. Types of use of living resources are:
catch (harvesting) of living resources for research and control purposes to assess the state 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 and cultural purposes;
exploration and harvesting of living resources;
commercial cultivation of living resources;
artificial reproduction of living resources;
amateur and sports catch (extraction) of living resources.
2. Issuance of licenses (permits) for certain types of use of living resources is carried out by a specially authorized federal executive body for fisheries.
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 authorities of the constituent entities of the Russian Federation whose territories are adjacent to the sea coast, develops rules for fishing and other types of use 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 agreement with the specially authorized federal executive body for defense, determines the areas and terms of fishing in the exclusive economic zone for Russian ships and notifies the federal executive body for the border service about 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 body for customs affairs of this.
6. The specially authorized federal executive body for fisheries, 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, determines within 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 catching (harvesting) of living resources are approved by the Government of the Russian Federation.
7. The specially authorized federal executive body for the border service and the federal executive body for fisheries shall quarterly inform the specially authorized federal executive body for customs affairs and the federal executive body for taxation of the results of harvesting living resources.
1. The right to use living resources is granted:
citizens of the Russian Federation and Russian legal entities (hereinafter referred to in this chapter as Russian applicants);
foreign citizens and foreign legal entities, foreign states and competent international organizations (hereinafter for this chapter - foreign applicants).
2. The priority right to use living resources has:
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 the 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 harvest 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, commercial and other purposes after all applications of Russian applicants are satisfied, 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 the Russian Federation with the states of which these foreign applicants are citizens or in which they are registered, in compliance with this Federal Law and international treaties of the Russian Federation.
1. Russian and foreign applicants shall submit to the specially authorized federal executive body for fisheries applications for obtaining licenses (permits) for the exploitation of living resources, drawn up in Russian and the language of the foreign applicant, respectively.
2. An application for a license (permit) to harvest living resources must contain the following information:
information about the applicant, his material and financial opportunities, including the number of fishing vessels, legal address and guarantees, as well as on the person responsible for the harvest of living resources;
information on the presence on the applicant's vessels of technical means of communication that ensure the automatic transmission of information about the location of the vessel when fishing for living resources;
the basis for issuing a license (permit) (allocated quotas - for Russian applicants; an international agreement and allocated quotas - for foreign applicants);
a specific type of fishing for living resources and a description of the means, including information about the names, tonnage, types, classes of vessels, radio equipment and fishing gear (prey) that are supposed to be used in the fishing of living resources;
areas and periods of exploitation of living resources, their types and quotas for the catch (extraction) of living resources by each vessel in tons;
other data relating to the exploitation of living resources.
Simultaneously with this application, applicants - legal entities shall submit a copy of the certificate of registration of the legal entity.
3. In an application for obtaining licenses (permits) for the harvest of living resources, representatives of indigenous peoples and ethnic communities of the North and 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 their families.
4. Russian applicants shall also indicate in the application information about participation in the harvesting of living resources by foreign citizens or foreign legal entities, and foreign applicants - about participation in the harvesting of living resources by citizens of the Russian Federation or Russian legal entities.
Simultaneously with the application, Russian applicants submit documents issued to them by the relevant tax authority on registration and on accrued and practically paid taxes, fees and other payments in federal budget and during off-budget funds for the past calendar year.
5. The specially authorized federal executive body for fisheries, within one month from the date of receipt of the said application, informs the applicant of the place, time and procedure for obtaining a license (permit) for the exploitation of living resources or a notification of refusal to issue it.
6. The grounds for refusal to issue a license (permit) for harvesting living resources are:
lack of allocated limits and quotas for catching (harvesting) of living resources;
inconsistency of the content of the application for obtaining a license (permit) for the harvesting of living resources with this Federal Law;
submission of incorrect information by the applicant;
failure by the applicant to provide evidence or guarantee that he has or will have 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, fines and compensation for damages presented to him or imposed on him earlier;
relevant tax authority on the presence of debts on accrued taxes, fees and other payments to the federal budget and extra-budgetary funds for the past calendar year;
the absence on the applicant's vessels of technical means of communication that ensure the transmission of information about the location of the vessel when fishing for 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 harvesting of living resources.
1. Licenses (permits) for the harvesting of living resources within the allocated limits and quotas shall be issued to Russian and foreign applicants by the specially authorized federal executive body for fisheries with notification of the specially authorized federal executive body for environmental protection, the federal executive body for the border service, the federal executive body for customs affairs and the federal executive body for defense.
2. Issued licenses (permits) for harvesting living resources are subject to registration in the manner established by the Government of the Russian Federation.
3. Foreign applicants for licenses (permits) for harvesting living resources shall be issued in accordance with Article 9 of this Federal Law.
4. Licenses (permits) for the exploitation of living resources are valid for a calendar year within the established period in the areas of exploitation of living resources indicated in them for the specified types of living resources. Each vessel engaged in the harvesting of living resources must carry the original license (permit) for the harvesting of living resources.
5. The right to use living resources in accordance with the obtained (received) license (permit) for harvesting living resources cannot be transferred to third parties.
1. Russian and foreign applicants who have received licenses (permits) to harvest living resources (hereinafter referred to as licensees) shall have the right to carry it out within the limits of only those volumes, terms, types and areas specified in the license (permit) to harvest living resources.
2. Licensees are obliged:
comply with the established rules for catching (harvesting) of living resources, limits on their catching (harvesting) and fulfilling the conditions of a license (permit) for harvesting living resources;
make scheduled payments on time;
prevent the deterioration of the natural habitat of living resources;
prevent illegal acclimatization of species of living resources and comply with the requirements of the quarantine regime;
ensure unhindered access to the fishing vessel for officials of the security authorities;
provide at its own expense optimal conditions for the work of officials of security bodies;
to freely and free of charge submit reporting materials, including their computer printouts, on the volumes of catch (harvesting), on the timing, types and areas of fishing of living resources, including information on the quantity, quality and types of living resources unloaded on other vessels or loaded from other vessels and products from them, as well as on the quantity, quality and types of living resources unloaded or loaded in foreign ports, to the specially authorized federal executive body for the border service, the federal executive body for fisheries, the federal executive body for environmental protection, the federal executive body for customs affairs, the federal executive body for currency and export control, and the federal executive body for taxation;
maintain regular contact with the coastal services of the Russian Federation and, if appropriate equipment is available, transmit operational data of meteorological and hydrological observations to the nearest radiometeorological center of the Russian Federation at the main international synoptic times in accordance with the standard procedures of the World Meteorological Organization, as well as emergency information on visually marked oil pollution environment;
keep a fishing log in accordance with the form established by the specially authorized federal executive body for fisheries;
have special identification marks;
mark fixed fishing gear (prey) at both ends with the name of the vessel (for a foreign vessel of the ship-owning country), the number of the license (permit) for fishing living resources and the serial number of the fishing (prey) gear.
3. Foreign vessels engaged in harvesting living resources in accordance with a license (permit) for harvesting living resources or entering the exclusive economic zone to receive caught (harvested) living resources from other ships are also required to:
submit to the specially authorized federal executive body for fisheries and the federal executive body for the border service by fax or telegraph daily information about each entry into the area for the implementation of permitted fishing of living resources or for the acceptance of caught (harvested) living resources from other vessels and about the exit from the specified area with the obligatory passage of control points when entering and exiting;
daily inform the specially authorized federal executive body for the border service about the location of the vessel when fishing for living resources or when accepting caught (harvested) living resources from other ships;
to fish for living resources in the presence of an official of the specially authorized federal executive body for the border service and under the control of the said person;
provide free delivery of security officials to the place of harvest of living resources and back and the use of radio communications, as well as bear all costs for the maintenance, accommodation and full provision of security officials from the moment they arrive on the ship and until the moment they leave the ship on an equal basis with own command (leading) staff;
submit to the specially authorized federal executive body for fisheries by fax or telegraph daily, ten-day and monthly information on the results of the harvest of living resources.
4. Russian and foreign vessels in the exclusive economic zone and outside it are prohibited from loading, unloading or reloading living resources in any form, caught (harvested) in the exclusive economic zone, not provided for in the license (permit) for the harvesting of living resources.
Loading, unloading or reloading of living resources, provided for in the license (permit) for the harvesting of living resources, must be carried out in the presence of an official of a specially authorized federal executive body for the border service.
1. The grounds for stopping the harvesting of living resources are:
voluntary refusal of the licensee from harvesting living resources;
selection by the licensee of the allocated quota;
expiration of the license (permit) for harvesting living resources;
violation of the rules for harvesting living resources repeatedly during a calendar year or exceeding the allocated limits for the catch (extraction) of living resources;
violation of this Federal Law or international treaties of the Russian Federation;
the lack of technical means of communication on the licensee's vessels that ensure the transmission of information about the location of the vessel when fishing for living resources;
violation by foreign vessels participating in the harvest of living resources of the procedure for passing the control points specified in paragraph 3 of Article 12 of this Federal Law;
non-payment within the established period of payment for the use of living resources, fines and amounts in compensation for harm;
non-payment of taxes, fees and other payments to the federal budget and extra-budgetary funds on the proposal of the relevant tax authority;
non-submission of reporting materials on types of living resources, volumes of catch (harvesting) and areas of harvesting of living resources;
decrease in productivity and deterioration in the qualitative composition of the types of living resources, systematic pollution of the 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 notification to writing a specially authorized federal executive body for fisheries no later than one month in advance;
during the harvest of living resources - immediately, with the termination of the harvest of living resources.
3. The specially authorized federal executive body for fisheries shall notify the licensee by telegraph followed by a written notification of the annulment of the license (permit) for the harvest of living resources and the termination of the harvest of living resources. A note is made in the register of issued licenses (permits) about the cancellation of a license (permit) for harvesting living resources, and a specially authorized federal executive body for the border service, the federal executive body for customs affairs, and the federal executive body for environmental protection are also notified. .
1. In the event that the same (same) stock (stocks) of straddling fish species are found (are found) 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 maintain and increase such (s) stock(s).
2. In the event that the same (same) stock (stocks) of straddling fish species is (are) found 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 fish for such straddling fish species in the area adjacent to the exclusive economic zone of the Russian Federation in order to maintain such (s) stock(s) in the specified area, including conclusions with the relevant states international treaties on these issues.
1. The Russian Federation, which is primarily interested in the stocks of anadromous fish species that form in its rivers, lakes and other water bodies, bears primary responsibility for the stocks of these fish species throughout their habitat and ensures their conservation by regulating fishing carried out only in waters towards the shore from the outer borders of the exclusive economic zone of the Russian Federation.
2. The Russian Federation shall cooperate with interested states to conclude international agreements for the conservation of anadromous fish stocks outside its exclusive economic zone and ensure the implementation of the rules established by such international agreements.
3. The Russian Federation shall be responsible for the management of stocks of catadromous fish species and ensure that migratory fish have access to and exit from the exclusive economic zone. Fishing for catadromous fish species is carried out only in the waters towards the coast from the outer boundaries of the exclusive economic zone in accordance with this Federal Law.
4. The Russian Federation shall cooperate with states through whose exclusive economic zone catadromous fish species migrate to conclude an international treaty for the rational management of catadromous fish stocks, including fishing, and ensure compliance with the rules established by such an international treaty.
5. The Russian Federation cooperates with interested states to conclude international agreements 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 mammal 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 more stringent 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, taking into account international treaties of the Russian Federation.
7. In the event that the international treaties of the Russian Federation referred to in paragraph 2 of this article are not observed by Russian and foreign applicants and if the stocks of anadromous fish species throughout their habitat are seriously endangered, the Russian Federation, by agreement with other interested states, has the right to declare a moratorium on harvesting of anadromous fish species throughout their habitat. Relevant information on the introduction of the moratorium is sent to the interested states and competent international organizations.
Chapter III. EXPLORATION AND EXPLORATION OF NON-LIVING RESOURCES1. Exploration and development of non-living resources are 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 said license, its content, the period for which the license is granted, the rights and obligations of users of the license, the requirements for the safe conduct of work, the grounds for terminating the license, antimonopoly requirements and the conditions for sharing production are regulated by the Federal Law "On the Continental Shelf of the 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. The production of energy by using 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 by using tides, currents and wind, issued by a specially authorized by the federal executive body for environmental protection in coordination with other specially authorized federal executive bodies for fisheries, the federal executive bodies for geology and subsoil use, the federal executive bodies for defense, and only if there is a positive conclusion from the state environmental review.
2. The conditions and procedure for issuing the said license and the methods for producing such energy are determined by the specially authorized federal executive body for environmental protection in agreement with other specially authorized federal executive bodies specified in paragraph 1 of this article, in accordance with this Federal Law, other federal laws applicable to the exclusive economic zone and activities in it, and international treaties of the Russian Federation.
Chapter IV. RESOURCE AND MARINE SCIENTIFIC RESEARCH1. Annual plans for conducting resource research are drawn up by the specially authorized federal executive body for fisheries in agreement 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, with others. interested federal executive authorities and 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, on the basis of federal strategies, programs and plans.
2. Annual plans for conducting marine scientific research are drawn up by the specially authorized federal executive body for science and technology in agreement with the specially authorized federal executive body for fisheries, the federal executive body for defense, the federal executive body for security, the federal executive body for border service, the federal executive body for environmental protection, the federal executive body 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 executive bodies the authorities of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast, on the basis of federal strategies, programs and plans.
3. The annual plans for conducting 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 within the framework of international research programs.
1. Resource or marine scientific research may be carried out:
federal executive authorities and executive authorities of the constituent entities of the Russian Federation, citizens of the Russian Federation and Russian legal entities (hereinafter referred to in this chapter as Russian applicants);
foreign states, foreign citizens and foreign legal entities authorized by foreign states, and competent international organizations (hereinafter for this chapter - 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 a request for this Chapter), evaluation 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. At least six months before the start of the year of resource or marine scientific research, Russian applicants shall 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 program of planned research in the relevant annual plans.
4. At least six months before the expected date of commencement of resource or marine scientific research, foreign applicants shall send, through diplomatic channels, an appropriate 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) must contain:
a program of planned resource or marine scientific research;
information on the nature and purpose of resource or marine scientific research;
information on the methods and means that will be used in conducting resource or marine scientific research, including information on the names, tonnage, types, classes of ships, underwater manned and unmanned vehicles, aircraft, other technical means, radio equipment and fishing gear ( mining), as well as a description of the scientific equipment;
names of types of living or non-living resources that are objects of resource research;
geographic coordinates of areas in which it is planned to conduct resource or marine scientific research, routes to and from the indicated areas;
the estimated date of first arrival in the area where resource or marine scientific research is planned and the date of final departure from the said area, and, where applicable, dates of placement and removal of scientific equipment;
the name of the institution under whose direction resource or marine scientific research is carried out;
information about the person responsible for conducting resource or marine scientific research (head of the expedition);
information on the possible impact of the planned research on the marine environment, living and non-living resources.
6. Russian applicants provide information on all forms and extent of participation of foreign citizens and foreign legal entities in resource or marine scientific research.
7. Foreign applicants provide information on all forms and extent 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 authorization is being sought. In this case, the term 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:
no later than ten days from the date of receipt of the request sends the applicant a notification of receipt of the request;
no later than four months from the date of receipt of the request sends to the applicant permission to conduct resource or marine scientific research or notification:
on the refusal of permission to conduct planned research;
on the discrepancy between the information provided in the request, the nature, goals and methods of conducting resource or marine scientific research;
about the need to provide additional information about the 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 a 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 the inclusion of the relevant research in the annual plan for conducting resource or marine scientific research.
4. Permission to conduct resource research is issued by the specially authorized federal executive body for fisheries in agreement 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, with other interested federal executive bodies.
5. A permit to conduct marine scientific research shall be issued by the specially authorized federal executive body for science and technology in agreement with the specially authorized federal executive body for fisheries, the federal executive body for defense, the federal executive body for security, the federal executive body for border service, the federal executive body for environmental protection, the federal executive body for geology and subsoil use, the federal executive body for 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 the resource or marine scientific research:
1) creates or may create a threat to the security of the Russian Federation;
2) is incompatible with the requirements for the protection of the marine environment, living or non-living resources;
3) includes drilling operations 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 was 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 denied in cases where the information of a Russian or foreign applicant about the nature and purpose of the research is inaccurate.
3. Permission to conduct marine scientific research may be refused in cases where marine scientific research is directly related to the study or fishing 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 the conducting marine scientific research a Russian or foreign applicant has unfulfilled obligations to the Russian Federation arising from previously conducted marine scientific research.
If the Russian Federation, as a member of a competent international organization or under a bilateral agreement with this organization, has approved the project of planned marine scientific research submitted by this organization or expressed a desire to participate in such research, and the specially authorized federal executive body for science and technology, within four months from the date received from this organization a request on the timing and area of the specified studies did not raise any objections, the competent international organization, after the expiration of the period specified in the request, may begin to conduct marine scientific research in accordance with this Federal Law and international treaties of the Russian Federation.
1. Russian and foreign applicants who have received a permit to conduct resource research or a permit 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 that issued the relevant permits, preliminary reports on the studies carried out as soon as it becomes practicable, and final reports - upon completion of the studies;
provide, as soon as practicable, copies of the meteorological and hydrological observations foreseen by the program of resource or marine scientific research, in state funds data 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 resource research or the specially authorized federal executive body for science and technology of any change in 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 resource or marine scientific research conducted by them, and foreign applicants are obliged to ensure participation in resource research of representatives of the Russian Federation from a specially authorized federal executive body for fisheries, and in marine scientific research - from the specially authorized federal executive body for science and technology in agreement with the specially authorized federal executive body for defense, the presence of these representatives, their placement and full provision on board research vessels, aircraft, installations and structures on an equal basis with their own command (leadership) staff, as well as provide these representatives with access to all data and samples obtained in the course of such studies, and transfer to them data from which copies can be made and Samples that can be separated without compromising their scientific value.
3. All data obtained as a result of resource or marine scientific research, after their processing and analysis, including the final results and conclusions after completion of the research, applicants must transfer to the state data funds of the Russian Federation, the addresses of which are indicated in permits for conducting resource or marine scientific research, with notification of a specially authorized federal executive body for fisheries or a specially authorized federal executive body for science and technology.
4. Russian and foreign research vessels, aircraft, installations and structures conducting resource or marine scientific research are obliged to:
regularly maintain contact with the coastal services of the Russian Federation;
if research ships, aircraft, installations and structures have the appropriate equipment, transmit operational data of meteorological, hydrological and aerological observations to the nearest radiometeorological center of the Russian Federation at the main international synoptic times, if such are provided for in the permit to conduct resource or marine scientific research, in accordance with standard procedures of the World Meteorological Organization.
1. Foreign applicants who have conducted resource research may publish the results of such research 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 carried out marine scientific research and submitted to the Russian Federation all the data obtained shall ensure that the international community has access to the research results through national or international channels.
1. The program of resource research, at the proposal of the applicant, may be changed by the specially authorized federal executive body for fisheries in agreement 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 authorities.
2. The program of marine scientific research, at the proposal of the applicant, may be changed by the specially authorized federal executive body for science and technology in agreement with the specially authorized federal executive body for fisheries, the federal executive body for defense, the federal executive body for the border service, the federal body executive authority for geology and subsoil use, the federal executive authority for hydrometeorology and environmental monitoring, and, if necessary, with other interested federal executive authorities.
3. The change is considered agreed if the relevant federal agency, having acknowledged receipt of the notice of the proposed change, does not report within 60 days from the date of receipt of the notice of its objections.
1. Resource research 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 the border service or the federal executive body 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 a decision of a specially authorized federal executive body for science and technology or suspended by a decision of a specially authorized federal executive body for science and technology, a federal body the executive authority for the border service, the federal executive authority for defense, or the federal executive authority for environmental protection.
3. The resumption of suspended resource or marine scientific research is allowed only after the elimination of deadlines committed violations and providing the relevant federal body that made the decision to suspend resource or marine scientific research with guarantees that such violations will not be allowed in the future.
4. Resource or marine scientific research is subject to immediate termination in cases where it is carried out:
without the permission of the relevant federal executive body;
with a change in the project of resource or marine scientific research from the information submitted 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 AND PRESERVATION OF THE MARINE ENVIRONMENT1. State environmental review of economic and other activities in the exclusive economic zone (hereinafter referred to as the state environmental review):
is a mandatory measure for the protection of the marine environment, living and non-living resources and precedes the implementation of the federal strategy, 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 expertise, 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 of the state environmental review.
3. The objects of the state environmental expertise should be projects government programs and plans, pre-planning, 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, submarine cables and pipelines.
1. State environmental control in the exclusive economic zone (hereinafter - 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. Investigation of environmental offenses for the purpose of compensation for damage caused to the marine environment and living resources shall be carried out by the specially authorized federal executive body for environmental protection, the federal executive body for fisheries, and the federal executive body for the border service within the limits of their powers.
1. State monitoring of the state of the exclusive economic zone (hereinafter - state monitoring), which is an integral part of a single state system environmental monitoring of the Russian Federation, is a system of regular observations, assessment and forecast of the state of the marine environment and bottom sediments, including observations of indicators 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 the specially authorized federal executive body for hydrometeorology and environmental monitoring with the participation of the specially authorized federal executive body for environmental protection, the federal executive body for geology and subsoil use, the federal executive body for fisheries in the manner determined by the legislation of the Russian Federation, when implementing the federal strategy, programs and plans provided for in Article 7 of this Federal Law.
1. The norms, rules and measures for the prevention, reduction and control of pollution from ships, aircraft, artificial islands, installations and structures in force within the territorial sea and internal waters of the Russian Federation, by this Federal Law apply 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 craft, aircraft, artificial islands, installations and structures is prohibited, the limits of permissible concentrations of harmful substances, the discharge of which is allowed only during the normal operation of ships, other floating craft, 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 of the Russian Federation, and are published in the Notices to Mariners.
If a collision of ships, a ship running aground, a maritime accident during the exploration or harvesting of living resources, during the exploration or exploitation of non-living resources, or the transportation of living or non-living resources extracted in the exclusive economic zone, or other 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 the norms of international law, has the right to take the necessary measures commensurate with the actual or threatening damage in order to protect the coast of the Russian Federation or related interests (including fishing) from pollution or the threat of pollution.
With regard to areas that are within the exclusive economic zone and where particularly severe 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 damage 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 normative legal acts and ensure their observance. Federal laws and other regulatory legal acts take into account navigation, 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 Notices to Mariners.
For certain areas of the exclusive economic zone, where, for recognized technical reasons related to the oceanographic and environmental conditions of these areas and the specifics of transportation, it is necessary to adopt special mandatory methods for the prevention of pollution from ships by 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 control pollution of the marine environment. The boundaries of such areas are published in Notices to Mariners.
Chapter VI. FEATURES OF ECONOMIC RELATIONS IN THE USE OF LIVING AND NON-LIVING RESOURCES OF THE EXCLUSIVE ECONOMIC ZONE1. Basic principles economic relations when using living and non-living resources are paid use, financial security study, reproduction and protection of the marine environment, living and non-living resources and liability 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 by 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 organizational and 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 overlimit and irrational use of living resources.
The system of payments for the use of non-living resources includes:
payment for information about non-living 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 for by the legislation of the Russian Federation.
5. Payment is not charged for conducting observations within the framework of state monitoring, resource and marine scientific research, for catching (extraction) of living resources for the purpose of reproduction and acclimatization. The volumes of catch (production) of living resources for the indicated purposes are determined in the manner established 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 amount of fees, payments, fines, deductions and fees provided for in paragraph 4 of this article, the procedure for their collection and receipt in the federal budget shall be established by federal laws.
The procedure for calculating and applying the norms of payment for the use of living resources, the procedure for calculating and applying the norms 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 shall go to the federal budget.
8. The fee for issuing licenses (permits) for the use of living resources, as well as the fee for issuing licenses for the use of non-living resources, shall be sent to the specially authorized federal executive bodies that issued the licenses (permits).
9. Cash for the part of non-living resources sold by the Government of the Russian Federation, mined in the exclusive economic zone on the terms of production sharing agreements and owned by the Russian Federation, or the cost equivalent of this part of non-living resources, go to the federal budget.
10. For non-payment or late payment of taxes, fees and other payments, users are liable in accordance with the legislation of the Russian Federation.
Chapter VII. ENFORCEMENT OF THE PROVISIONS OF THIS FEDERAL LAW1. The protection of the exclusive economic zone, its living and non-living resources for the purpose of their conservation, protection and rational use, protection of the marine environment, economic and other legitimate interests of the Russian Federation shall be carried out within their competence by specially authorized:
federal executive body for the border service;
federal executive body for environmental protection;
federal executive body for customs affairs.
2. Coordination of the use of the forces of the security agencies specified in this article is carried out by the federal executive body for the border service within its powers.
3. Officials of security bodies 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 Russian Federation.
4. Officials of security bodies, when performing their official duties in the exclusive economic zone, must have appropriate service certificates. The instructions of officials of the security bodies, given by them within their powers, are mandatory for citizens of the Russian Federation and Russian legal entities, foreign citizens and foreign legal entities, as well as for representatives of foreign states and competent international organizations operating in the exclusive economic zone.
5. Warships and aircraft, others state courts and aircraft of the Russian Federation protect the exclusive economic zone under the flags, pennants and distinctive signs assigned to them.
1. Officials of security bodies in the performance of their official duties have the right to:
1) stop and inspect Russian and foreign ships, inspect artificial islands, installations and structures that carry out:
exploration and harvesting of living resources in the exclusive economic zone;
transshipment of living resources caught (harvested) in the exclusive economic zone to other vessels;
exploration and development of non-living resources;
resource and marine scientific research;
other activities in the exclusive economic zone;
2) 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 (harvesting) gear, equipment, tools, installations and other items used in the implementation of such activities;
3) in cases provided for by this Federal Law and international treaties of the Russian Federation:
suspend the activity specified in subparagraph 1 of paragraph 1 of this article that violates this Federal Law and international treaties of the Russian Federation;
detain violators of this Federal Law and international treaties of the Russian Federation and seize from them fishing (harvesting) gear, equipment, tools, installations 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 stop the violation and providing evidence of the tract of such a violation, as well as in order to ensure the execution of a court decision;
detain ships that violate this Federal Law and international treaties of the Russian Federation when 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 ships - to one of the ports of the Russian Federation open to foreign ships) ;
hot pursuit and detain ships that violate this Federal Law and international treaties of the Russian Federation when 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 ships - to one of the ports of the Russian Federation open for the entry of foreign ships);
in accordance with the legislation of the Russian Federation, impose fines on violators or bring claims against violators in the courts of the Russian Federation with the transfer of detained violators, seized fishing (prey) gear, equipment, tools, installations and other items, as well as documents and all illegally obtained ;
4) stop ships if there are sufficient grounds to believe that these ships have illegally dumped hazardous substances in the exclusive economic zone. The captain of the stopped vessel may be required to provide information necessary to establish whether a violation has been committed, and the vessel itself may be inspected with a protocol of inspection followed by detention, if there are sufficient grounds for this;
5) draw up protocols on violations of this Federal Law and international treaties of the Russian Federation, suspension or termination of the activities specified in subparagraph 1 of paragraph 1 of this article, on the detention of violators and violating vessels, on temporary, up to the issuance of a final court decision, the seizure of fishing gear (mining), equipment, tools, installations and other items, as well as documents and everything illegally obtained. The procedure for hot pursuit, stopping, inspection and detention of ships, inspection of artificial islands, installations and structures, the procedure for drawing up protocols and the procedure for finding detained violating ships in the ports of the Russian Federation are determined in accordance with the legislation of the Russian Federation and the norms of international law;
6) use weapons against violators of this Federal Law and international treaties of the Russian Federation to repel their attacks and stop resistance in the event that the life of security officials is in direct danger. The use of weapons must be preceded by a clearly expressed warning of the intention to use them and a warning shot upwards.
2. Warships and aircraft of the federal executive body for the border service may use weapons against ships violating this Federal Law and international treaties of the Russian Federation in response to their use of force, as well as in other exceptional cases during hot pursuit, when exhausted all other measures necessary under the circumstances to stop the violation and apprehend the offenders. The use of weapons must be preceded by a clearly expressed warning of the intention to use them and warning shots. The procedure for the use of weapons is determined by the Government of the Russian Federation.
3. Officials of the security bodies shall enjoy the rights provided for by this Federal Law also in relation to ships located in the territorial sea or in the internal waters of the Russian Federation, if there are sufficient grounds to believe that these ships 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, and the federal executive body for transport, along with the solution of their main tasks, shall assist the protection 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.
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 at coastal posts and other means, inform the security authorities about the discovery of warships, ships, about installations and about structures not reported in Notices to Mariners. Such information is transmitted free of charge through the relevant dispatch services.
3. Citizens of the Russian Federation and Russian legal entities operating in the exclusive economic zone inform the security authorities at their request about the location and activities of their ships, artificial islands, installations and structures free of charge.
1. Economic incentives for employees of security bodies are carried out in accordance with the legislation of the Russian Federation.
2. Economic incentives for employees of security agencies may include:
establishment of tax benefits;
establishment of official and other bonuses for special conditions for the protection of the exclusive economic zone and its living and non-living resources;
bonuses for detected violations of this Federal Law and international treaties of the Russian Federation;
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 Russian Federation has been provided with a reasonable bail or other security.
2. In the event that foreign citizens are held liable for violations of the provisions of Chapter II of this Federal Law and international treaties of the Russian Federation relating to the living resources of the exclusive economic zone, these persons shall not be punished in the form of imprisonment in the absence of an international treaty between the Russian Federation and the state nationality of these persons to the contrary or any other form of personal punishment.
1. Officials of federal executive bodies guilty of:
issuance of licenses (permits) for the exploration and exploitation of living resources, exploration and exploitation of non-living resources, for conducting resource or marine scientific research, for the discharge of harmful substances or the disposal of waste and other materials from ships, aircraft, artificial islands, installations and structures in an exclusive economic zone outside the limits of its competence;
non-compliance with the conditions and procedure for issuing licenses (permits) within their competence, arbitrary change in the conditions of issued licenses (permits), are held liable in accordance with the legislation of the Russian Federation.
2. Citizens and legal entities are held liable in accordance with the legislation of the Russian Federation for:
illegal exploration and harvesting of living resources, search, exploration or development of non-living resources or violation of the rules associated with these 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 (permission);
violation of the conditions for the fishing of living resources provided for by the license (permit) and (or) international treaties of the Russian Federation or violation of existing standards (norms, rules) for the safe conduct of prospecting, exploration and development of non-living resources, as well as requirements for the protection of the marine environment, living or non-living resources;
violations that led to the deterioration of the conditions for the reproduction of living resources;
conducting resource or marine scientific research without permission or in violation of the conditions and established rules;
pollution of the marine environment from ships, aircraft, artificial islands, installations and structures;
violations accompanied by obstruction of the lawful activities of officials of security bodies;
interference with legal 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 exempt from compensation for the harm caused.
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 shall be resolved in judicial order courts of the Russian Federation.
2. Disputes between the Russian Federation and foreign states concerning the exercise of their rights and obligations in the exclusive economic zone shall be resolved by peaceful means in accordance with the international treaties of the Russian Federation and the norms of 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 relating to the exclusive economic zone of the Russian Federation and activities in it, not provided for by this Federal Law, are regulated 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 also referred to as the exclusive economic zone) is a sea area located outside the territorial sea of the Russian Federation (hereinafter referred to as the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation and international law.
The definition of an exclusive economic zone also applies to all the islands of the Russian Federation, with the exception of rocks that are not suitable for supporting human life or for independent economic activity.
2. The inner boundary of the exclusive economic zone is the outer boundary of the territorial sea.
3. The outer boundary of the exclusive economic zone is located at a distance of 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 the international treaties of the Russian Federation or generally recognized principles and norms of international law.
Article 3. Maps and lists of geographical coordinates
1. The lines of the external boundaries of the exclusive economic zone or replacing them, lists of geographical coordinates of points approved by the Government of the Russian Federation, indicating the main initial geodetic data and delimitation lines, determined by international treaties of the Russian Federation or on the basis of generally recognized principles and norms of international law, are indicated on maps of a fixed scale and published in Notices to Mariners.
2. The formation of a data bank on the outer border of the exclusive economic zone is carried out by the federal executive body specially authorized for this by the Government of the Russian Federation.
Article 4. Basic concepts
1. For the purposes of this Federal Law, the following basic concepts shall 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 subsoil; (As amended by Federal Law No. 188-FZ of November 4, 2006)
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 in a state of natural freedom, with the exception of living organisms of "sessile species" of the seabed and its subsoil, the use of which is regulated by the Federal Law; (As amended by Federal Law No. 188-FZ of November 4, 2006)
non-living resources of the exclusive economic zone (hereinafter also referred to as non-living resources) - the mineral resources of the 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 - Lost their force. (As amended by Federal Law No. 364-FZ of December 27, 2009)
marine scientific research in the exclusive economic zone (hereinafter - marine scientific research) - fundamental or applied research and experimental work carried out for these research, aimed at obtaining knowledge on all aspects of natural processes occurring on the seabed and in its subsoil, in the water column and atmosphere; (as amended by Federal Law No. 48-FZ of April 22, 2003)
marine resource research in the exclusive economic zone (hereinafter - marine resource research) - applied research work aimed at exploration, development and conservation of natural resources of the exclusive economic zone; (As amended by Federal Law No. 364-FZ of December 27, 2009)
harmful substance - a substance that, when released into the marine environment, is capable of creating a hazard to human health, causing damage to the environment, including the marine environment and natural resources of the exclusive economic zone, worsening recreational conditions or interfering 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 the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
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 craft (hereinafter referred to as ships), aircraft, artificial islands, installations and structures, whatever the reasons, including any leakage, removal, spill, leakage, pumping, release or emptying; the discharge of harmful substances does not include the release of harmful substances occurring directly as a result of the exploration, development and related processes of processing at sea of the mineral resources of the continental shelf of the Russian Federation, as well as the discharge of harmful substances for 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 may lead to such detrimental consequences as harming aquatic biological resources and life in the sea, endangering human health, interfering with activities at sea, in including for fishing and other legitimate uses of the sea, deterioration in the quality of sea water used and deterioration in recreational conditions; (As amended by Federal Law No. 188-FZ of November 4, 2006)
dumping - any intentional removal 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; disposal is not considered to be the disposal of wastes or other materials inherent in or resulting from the normal operation of ships, aircraft, artificial islands, installations and structures, with the exception of wastes or other materials transported by ships, aircraft, installations and structures that are operated for the disposal of these materials, or brought to such ships, aircraft, artificial islands, installations and structures, as well as with the exception of those resulting from the processing of such wastes or other materials on such ships, aircraft, artificial islands, installations and structures; placement of materials for other purposes than their simple removal, provided that this does not contradict the objectives of this Federal Law and international treaties of the Russian Federation.
artificial islands - permanently fixed in accordance with the design 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 a maximum high tide; (as amended by Federal Law No. 15-FZ of February 3, 2014)
installations, structures - fixed and floating (mobile) drilling rigs (platforms), offshore floating (mobile) platforms, offshore fixed platforms and other objects , as well as underwater structures (including wells). (as amended by Federal Law No. 15-FZ of February 3, 2014)
2. Clause is no longer valid. (As amended by Federal Law No. 364-FZ of December 27, 2009)
Article 5. Rights of the Russian Federation in the exclusive economic zone
1. The Russian Federation in the exclusive economic zone shall:
1) sovereign rights for the purpose of exploration, development and conservation of aquatic biological resources and non-living resources and management of such resources, as well as in relation to other types of economic exploration and development of the exclusive economic zone; (as amended by Federal Laws No. 188-FZ of November 4, 2006, No. 250-FZ of December 3, 2008, No. 364-FZ of December 27, 2009)
2) sovereign rights for the purpose of 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 belonging to the "sessile 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 "sessile 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 N 166-FZ "On Fishing and Conservation of Aquatic Biological Resources" (hereinafter referred to as the Federal Law "On Fishing and Conservation of Aquatic Biological Resources"), the Federal Law "On the Continental Shelf of the Russian Federation", other federal laws applicable to the exclusive economic zone and activities in it; (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
3) the exclusive right to authorize and regulate drilling operations on the seabed and in its subsoil 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 paragraph has become invalid. (As amended by Federal Law No. 364-FZ of December 27, 2009)
5) jurisdiction over:
marine scientific research;
protecting and preserving 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, is 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, does not interfere with navigation, flights, other rights and freedoms of other states recognized in accordance with the generally recognized principles and norms of international law.
4. Aquatic biological resources and non-living resources of the exclusive economic zone are under the jurisdiction of the Russian Federation; regulation of exploration activities, development of such resources and their protection are within the competence of the Government of the Russian Federation. (as amended by Federal Laws No. 188-FZ dated 04.11.2006, No. 250-FZ dated 03.12.2008)
Article 6. Rights and obligations of other states in the exclusive economic zone
1. In the exclusive economic zone, all states enjoy freedoms of navigation and overflight, laying of submarine cables and pipelines, as well as other types of use of the sea, lawful from the point of view of international law, related to these freedoms related to the operation of ships, aircraft and submarine cables and pipelines .
2. These freedoms are exercised subject to this Federal Law and international treaties of the Russian Federation, and also subject to the protection and preservation of the environment, including the marine environment and natural resources of the exclusive economic zone. (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
Article 7. Competence of federal state authorities in the exclusive economic zone
The competence of federal state authorities in the exclusive economic zone includes:
1) development and improvement of the legislation of the Russian Federation on the exclusive economic zone and activities in it;
2) coordination of the activities of state authorities in relation to the exclusive economic zone and activities in it, protection of the rights and legitimate interests of the Russian Federation in the exclusive economic zone, protection and conservation of the marine environment, aquatic biological resources and non-living resources; (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
3) approval federal programs related to the exploration, development and conservation of natural resources of the exclusive economic zone; (As amended by Federal Law No. 364-FZ of December 27, 2009)
4) the subparagraph has become invalid. (As amended by Federal Law No. 333-FZ of December 6, 2007)
5) establishing the procedure for issuing declarations on the catches of aquatic biological resources caught (harvested) by Russian and foreign ships in the exclusive economic zone, as well as on products made from these resources; (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
6) establishing the procedure for granting the right to harvest (catch) aquatic biological resources, including the issuance of permits to harvest (catch) aquatic biological resources; (As amended by Federal Law No. 364-FZ of December 27, 2009)
7) establishment of restrictions on fishing; (As amended by Federal Law No. 364-FZ of December 27, 2009)
8) development and implementation of a system for monitoring and controlling fisheries in the exclusive economic zone, including using space communications and radio navigation; (as amended by Federal Law No. 250-FZ of December 3, 2008)
9) 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 loss of aquatic biological resources in the course of economic or other activities and navigation; (As amended by Federal Law No. 188-FZ of November 4, 2006)
10) rendering assistance to aquatic biological resources, including marine mammals, in the event of a threat to their lives during natural disasters or due to other reasons; (As amended by Federal Law No. 188-FZ of November 4, 2006)
11) establishing, 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 the use of non-living resources, including the procedure for licensing; (As amended by Federal Law No. 364-FZ of December 27, 2009)
12) registration of work on the study, exploration and development of non-living resources, drawing up the federal balance of reserves of non-living resources;
13) federal state control (supervision) in the field of fishing and 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, whose territories are adjacent to the sea coast; (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of July 18, 2011 N 242-FZ)
14) regulation of marine resource and marine scientific research; (As amended by Federal Law No. 364-FZ of December 27, 2009)
15) establishment of checkpoints (points) and the procedure for passing them by Russian and foreign vessels engaged in fishing and proceeding to the exclusive economic zone and leaving it, in order to carry out control and verification activities; (as amended by Federal Laws No. 188-FZ dated 04.11.2006, No. 250-FZ dated 03.12.2008)
16) 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 to conduct marine scientific research in connection with the conduct (or planning conducting) in the indicated areas of work on the exploration and development of non-living resources and the implementation of fishing with the message of the geographical coordinates of such areas in the "Notices to Mariners" (as amended by Federal Laws No. 188-FZ dated 04.11.2006, No. 250-FZ dated 03.12.2008)
17) establishment of a payment system, determination of the amount, conditions and procedure for charging fees for the use of aquatic biological resources and non-living resources; (as amended by the Federal Laws of November 11, 2003 N 148-FZ, of December 27, 2009 N 364-FZ)
18) regulation of activities for the creation, operation and use of artificial islands, installations and structures for the purpose of exploration and development of natural resources of the exclusive economic zone, conducting marine scientific research and for other purposes; (as amended by the Federal Laws of 22.04.2003 N 48-FZ, of 04.11.2006 N 188-FZ, of 03.12.2008 N 250-FZ, of 27.12.2009 N 364-FZ)
19) determination and regulation of the conditions for laying submarine cables and pipelines used for the exploration and development of non-living 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 conditions for laying 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 No. 250-FZ of December 3, 2008)
21) carrying out 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 the Federal Laws of December 27, 2009 N 364-FZ, of July 18, 2011 N 242-FZ)
22) maintenance of the Russian State Data Fund on the state of the exclusive economic zone and the state of its aquatic biological resources and non-living resources; (As amended by Federal Law No. 188-FZ of November 4, 2006)
23) establishment of a legal regime in the zones of emergency environmental situations and environmental disasters; ensuring immediate action to eliminate the consequences of accidents resulting in 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 hazardous substances, wastes and other materials, the discharge and disposal of which in the exclusive economic zone is prohibited, regulation of discharge hazardous substances and disposal of waste and other materials, as well as control over the said discharge and disposal; (As amended by Federal Law No. 364-FZ of December 27, 2009)
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 conditions for feeding, wintering, breeding, spawning and migration), establishment of state nature reserves, national parks, state natural 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 No. 364-FZ of December 27, 2009)
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, 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 bringing to justice persons, guilty of committing unlawful acts; (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
27) resolution of disputes in relation to the exclusive economic zone and activities in it;
28) 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 No. 364-FZ of December 27, 2009)
CHAPTER II. FISHERIES IN THE EXCLUSIVE ECONOMIC ZONE (As amended by Federal Law No. 188-FZ of November 4, 2006)
Articles 8. - 11. - Lost their force. (As amended by Federal Law No. 188-FZ of November 4, 2006)
Article 11.1. - Lost power. (As amended by Federal Law No. 333-FZ of December 6, 2007)
Article 12 - Repealed. (As amended by Federal Law No. 364-FZ of December 27, 2009)
Article 12.1. Types of fishing carried out in the exclusive economic zone (As amended by Federal Law No. 364-FZ of December 27, 2009)
1. In the exclusive economic zone, commercial fishing, fishing for research and control purposes, fishing for educational and cultural purposes, fishing 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 Fishing and Conservation aquatic biological resources" and this Federal Law. (as amended by Federal Law No. 420-FZ of December 28, 2010)
2. In exceptional cases provided for by the Federal Law "On Fishing and Conservation of Aquatic Biological Resources", it is allowed to carry out coastal fishing in the exclusive economic zone.
3. For the purposes of carrying out coastal fishing in the exclusive economic zone, the federal executive body authorized by the Government of the Russian Federation distributes coastal quotas among persons who, in accordance with the established procedure, have acquired the right to harvest (catch) aquatic biological resources in the exclusive economic zone.
Article 12.2. Features of the implementation of industrial fishing in the exclusive economic zone (As amended by Federal Law No. 364-FZ of December 27, 2009)
1. Commercial fishing in the exclusive economic zone is carried out by citizens of the Russian Federation and Russian legal entities who, in accordance with the established procedure, have acquired 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. Peculiarities of Fishing for Research and Control Purposes in the Exclusive Economic Zone (As amended by Federal Law No. 364-FZ of December 27, 2009)
1. Fishing for research and control purposes in the exclusive economic zone is carried out by scientific organizations on the basis of an annual plan for conducting marine resource research of aquatic biological resources, decisions on the provision of aquatic biological resources for use, as well as permits issued to these organizations for the extraction (catch) of aquatic biological resources and permits for marine resource research of aquatic biological resources.
2. Foreign citizens and foreign legal entities carry out fishing for 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 No. 364-FZ of December 27, 2009)
1. Persons engaged in fishing in the exclusive economic zone shall have the right to harvest (catch) aquatic biological resources, as well as in cases provided for by the Federal Law "On Fishing and 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. The persons specified in paragraph 1 of this article are obliged:
1) comply with the rules of fishing and other requirements established in accordance with the legislation of the Russian Federation, as well as comply with the conditions for the implementation of fishing and the conservation of aquatic biological resources contained in the decisions of state authorities and agreements on the basis of which the right to harvest (catch) aquatic biological resources arises, permits for extraction (catch) of aquatic biological resources and permits for marine resource research of aquatic biological resources;
2) prevent violation of the habitat of aquatic biological resources;
3) prevent illegal acclimatization of aquatic biological resources;
4) comply with the requirements of the quarantine regime;
5) ensure unhindered access to the ship for officials of security bodies;
6) provide, at the expense of the applicant, optimal conditions for the work of security officials;
7) provide freely and free of charge reporting materials on the timing, types and areas of harvesting (catching) of aquatic biological resources, on the catches of aquatic biological resources, including information on the quantity, quality and types of catches of aquatic biological resources, unloaded on other vessels or loaded from other vessels, fish products and other products from aquatic biological resources, on the quantity, quality and types of catches of aquatic biological resources unloaded or loaded in foreign ports, fish products and other products from aquatic biological resources, to the federal executive authorities determined accordingly by the President of the Russian Federation, the Government of the Russian Federation;
8) regularly maintain contact with the coastal services of the Russian Federation and, if appropriate equipment is available, transmit operational data of meteorological and hydrological observations to the nearest radiometeorological center of the Russian Federation at the main international synoptic times in accordance with the standard procedures of the World Meteorological Organization, as well as emergency information about visually marked oil marine pollution;
9) keep a fishing log 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 at 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 tool for the extraction (catch) of aquatic biological resources.
12) pass checkpoints (points) and observe the procedure for passing them, established by the federal executive body in the field of security in coordination with the federal executive body in the field of fisheries and the federal executive body in the field of defense. (as amended by Federal Law No. 161-FZ of June 27, 2018)
3. Foreign vessels engaged in fishing in the exclusive economic zone are also required to:
1) submit to the federal executive authorities, determined respectively by the President of the Russian Federation, the Government of the Russian Federation, by fax or telegraph, daily information on each entry into the area for the implementation of permitted fishing and exit from the specified area with the obligatory passage of control points upon entry and exit;
2) daily inform the security authorities about the location of vessels when fishing or when accepting catches of 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 place of fishing and back and the use of radio communications, as well as bear all the costs of maintaining, accommodating and fully providing security officials from the moment they arrive on the ship and until the moment they leave the ship on an equal basis with the command (leading) staff 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 outside it are prohibited from carrying out activities not provided for by decisions of state authorities and agreements on the basis of which the right to harvest (catch) aquatic biological resources arises, permissions to harvest (catch) aquatic biological resources and conducting marine resource studies of aquatic biological resources loading, unloading or transshipment of catches of aquatic biological resources, fish products and other products from aquatic biological resources.
5. Loading, unloading, reloading of catches of aquatic biological resources, fish products and other products from aquatic biological resources must be carried out in the presence of an official of the protection authority.
Article 13 - Repealed. (As amended by Federal Law No. 364-FZ of December 27, 2009)
Article 14. Features of the rational use and conservation of straddling and transboundary fish species
1. In the event that the same (same) stock (stocks) of straddling fish species are found (are found) 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 maintain and increase such (s) stock(s).
2. In the event that the same (same) stock (stocks) of straddling fish species is (are) found 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 engaged in harvesting (catch) of such transboundary fish species in the area adjacent to the exclusive economic zone of the Russian Federation in order to preserve such (such) stock (stocks) in the specified area, including with the relevant states international treaties on these issues. (as amended by Federal Law No. 250-FZ of December 3, 2008)
Article 15. Principles of rational use and conservation of anadromous, catadromous, highly migratory fish species
1. The Russian Federation, which is primarily interested in the stocks of anadromous fish species that form in its rivers, lakes and other water bodies, bears primary responsibility for the stocks of these fish species throughout their habitat and ensures their conservation by regulating fisheries, carried out only in the waters towards the coast from the external borders of the exclusive economic zone of the Russian Federation. (as amended by Federal Laws No. 333-FZ of 06.12.2007, No. 250-FZ of 03.12.2008)
2. The Russian Federation shall cooperate with interested states to conclude international agreements for the conservation of anadromous fish stocks outside its exclusive economic zone and ensure the implementation of the rules established by such international agreements.
3. The Russian Federation shall be responsible for the management of stocks of catadromous fish species and ensure that migratory fish have access to and exit from the exclusive economic zone. Production (catch) of catadromous fish species is carried out only in the waters towards the coast from the outer boundaries of the exclusive economic zone in accordance with this Federal Law. (as amended by Federal Law No. 250-FZ of December 3, 2008)
4. The Russian Federation shall cooperate with states through whose exclusive economic zone catadromous fish species migrate to conclude an international treaty for the rational management of catadromous fish stocks, including fishing, and ensure compliance with the rules established by such an international treaty. (as amended by Federal Law No. 250-FZ of December 3, 2008)
5. The Russian Federation cooperates with interested states to conclude international agreements 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 mammal 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 more stringent 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 No. 250-FZ of December 3, 2008)
7. In the event that the international treaties of the Russian Federation referred to in paragraph 2 of this article are not observed by Russian and foreign applicants and if the stocks of anadromous fish species throughout their habitat are seriously endangered, the Russian Federation, by agreement with other interested states, has the right to declare a moratorium on harvesting of anadromous fish species throughout their habitat. Relevant information on the introduction of the moratorium is sent to the interested states and competent international organizations.
CHAPTER III. NON-LIVING RESOURCE EXPLORATION AND EXPLORATION, MARINE NON-LIVING RESOURCE RESOURCES RESEARCH (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 364-FZ dated December 27, 2009)
Article 16 (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 364-FZ dated December 27, 2009)
1. Exploration and development of non-living resources, marine resource research 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 No. 364-FZ of December 27, 2009)
2. The conditions and procedure for issuing the said license, its content, the term for which the license is granted, the rights and obligations of users of the license, the requirements for the safe conduct of work, the grounds for terminating the license, antimonopoly requirements and the conditions for sharing production are regulated by the Federal Law "On the Continental Shelf of the 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 Production of energy through the use of tides, currents and wind
1. The production of energy by using 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 by using tides, currents and wind, issued by the federal body executive power, authorized by the Government of the Russian Federation, in agreement with the federal executive authorities, determined respectively by the President of the Russian Federation, the Government of the Russian Federation, and only if there is a positive conclusion of the state environmental expertise. (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
2. The conditions and procedure for issuing the said license and methods for the production of such energy are 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 in it, and international treaties of the Russian Federation. (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
CHAPTER IV. MARINE RESOURCE RESEARCH OF WATER BIORESOURCES AND MARINE SCIENTIFIC RESEARCH (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
Article 18. Plans for conducting marine resource studies of aquatic biological resources (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
1. Annual plans for conducting marine resource studies of aquatic biological resources (hereinafter referred to as studies of aquatic biological resources) are approved 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, taking into account the proposals of the bodies executive power of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast. (As amended by Federal Law No. 364-FZ of December 27, 2009)
2. The annual plans for conducting research on 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 within the framework of international research programs. (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
Article 19 (As amended by Federal Law No. 188-FZ of November 4, 2006)
1. Research of aquatic biological resources must be of an exclusively peaceful nature, including should not pose a threat to the defense of the country and the security of the state. (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
Studies of aquatic biological resources can be carried out: (As amended by Federal Law No. 188-FZ of November 4, 2006)
federal executive authorities and executive authorities of the constituent entities of the Russian Federation, citizens of the Russian Federation and Russian legal entities (hereinafter in this chapter - Russian applicants);
foreign citizens and foreign legal entities, foreign states and competent international organizations (hereinafter in this chapter - foreign applicants). (as amended by Federal Law No. 48-FZ of April 22, 2003)
2. The procedure for submitting and considering requests for conducting research on aquatic biological resources (hereinafter referred to in this chapter as a request), assessing 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 No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
3. At least six months before the beginning of the year of research on aquatic biological resources, Russian applicants submit a corresponding request to the federal executive body authorized by the Government of the Russian Federation to include the program of planned research in the draft annual plan. (as amended by Federal Laws No. 48-FZ of 22.04.2003, No. 188-FZ of 04.11.2006, No. 364-FZ of 27.12.2009)
4. Foreign applicants, at least six months before the expected date of the commencement of research on aquatic biological resources, shall 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 No. 48-FZ of 22.04.2003, No. 188-FZ of 04.11.2006, No. 364-FZ of 27.12.2009)
5. The request (for foreign applicants - in Russian and the language of the applicant) must contain: (as amended by Federal Law No. 48-FZ of April 22, 2003)
a program of planned studies of aquatic biological resources; (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
information on the nature and objectives of research on aquatic biological resources; (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
information on the methods and means that will be used in conducting research on aquatic biological resources, including information on the names, tonnage, types, classes of ships, underwater manned and unmanned vehicles, aircraft, on the technical characteristics of technical research equipment, on radio equipment and on mining tools (catch) of aquatic biological resources, as well as a description of scientific equipment; (as amended by Federal Laws No. 48-FZ of 22.04.2003, No. 188-FZ of 04.11.2006, No. 250-FZ of 03.12.2008)
names of types of aquatic biological resources that are objects of resource research; (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
geographical coordinates of the areas in which it is planned to conduct research on aquatic biological resources, routes to and from the indicated areas; (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
the expected date of first arrival in the area where research is planned to be carried out on aquatic biological resources, and the date of final departure from the specified area, and, in appropriate cases, the date of placement and removal of scientific equipment; (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
the name of the organization under whose leadership the research of aquatic biological resources is carried out; (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
information about the person responsible for conducting research on aquatic biological resources (head of the expedition); (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
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 the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
an 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 the course of such research correspond to the technical means (including their technical characteristics) specified in the request. (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
6. Russian applicants provide information on all forms and extent of participation of foreign citizens and foreign legal entities in the research of aquatic biological resources. (as amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
7. Foreign applicants provide information on all forms and the 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 No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
8. Applicants may be required to provide additional information about research on aquatic biological resources for which permission is requested. In this case, the term for consideration of the request is calculated from the date the applicant submits additional information. (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
Article 20. Procedure for consideration of requests
1. The federal executive body authorized by the Government of the Russian Federation: (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
not later than four months from the date of receipt of the request, sends the applicant a permit to conduct research on aquatic biological resources or a notification: (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
on the refusal of permission to conduct planned research;
on the discrepancy between 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 No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
about the need to provide additional information about the 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 a foreign applicant through the federal executive body in charge of foreign affairs. (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
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 No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
4. Permission to conduct research on aquatic biological resources is issued by the federal executive body authorized by the Government of the Russian Federation, in agreement with the federal executive bodies designated accordingly by the President of the Russian Federation, the Government of the Russian Federation. (As amended by Federal Law No. 364-FZ of December 27, 2009)
5. The item is excluded. (as amended by Federal Law No. 48-FZ of April 22, 2003)
Article 21 (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
1. Russian and foreign applicants may be denied permission to conduct research on aquatic biological resources if the exclusively peaceful nature of these researches is in doubt, and also if these researches: (As amended by Federal Law No. 188-FZ of November 4, 2006)
1) are incompatible with the requirements in the field of environmental protection, including the marine environment and natural resources; (as amended by the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
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 No. 364-FZ of December 27, 2009)
4) create unjustified obstacles to 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 denied permission to conduct research on aquatic biological resources if his information about the nature or purpose of the said research is inaccurate. (As amended by Federal Law No. 188-FZ of November 4, 2006)
3. A Russian or foreign applicant may be denied permission to conduct research on aquatic biological resources if he has unfulfilled obligations to the Russian Federation arising from previously conducted research on aquatic biological resources. (As amended by Federal Law No. 188-FZ of November 4, 2006)
Article 23. Obligations of Russian and foreign applicants conducting research on aquatic biological resources (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
1. Russian and foreign applicants who have received permission to conduct research on aquatic biological resources are required to: (As amended by Federal Law No. 188-FZ of November 4, 2006)
fulfill international treaties of the Russian Federation and this Federal Law;
submit to the federal executive body specified in the permit to conduct research on aquatic biological resources, preliminary reports on the conduct of such research, as soon as it becomes practically possible, and final reports upon completion of the research; (As amended by Federal Law No. 188-FZ of November 4, 2006)
submit, as soon as it becomes practicable, copies of the data of meteorological, hydrological, hydrochemical, hydrobiological observations, observations of the state of the environment, its pollution, as well as other observations provided for by the program of research on aquatic biological resources, to the state data funds of the Russian Federation, the location of which are indicated in the permit to conduct research on aquatic biological resources; (As amended by Federal Law No. 188-FZ of November 4, 2006)
regularly maintain contact with the coastal services of the Russian Federation;
immediately inform the federal executive body specified in the permit to conduct research on aquatic biological resources of any, including the proposed, change in the course of the implementation of the research program on aquatic biological resources; (As amended by Federal Law No. 188-FZ of November 4, 2006)
if research ships, aircraft, installations and structures have the necessary equipment, transmit, in accordance with the standard procedures of the World Meteorological Organization, at the main international synoptic times through the coastal radio center (coastal radio station) to the nearest hydrometeorological center of the Russian Federation, operational data of meteorological, hydrological and aerological observations, if such observations are provided for by a permit to conduct research on aquatic biological resources, as well as report detected cases of pollution of the marine environment with oil, toxic substances, garbage and sewage; (As amended by Federal Law No. 188-FZ of November 4, 2006)
not 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 studies of aquatic biological resources, unless otherwise provided by a permit for conducting studies of aquatic biological resources. (As amended by Federal Law No. 188-FZ of November 4, 2006)
2. In addition, the Russian applicant, if foreign citizens or foreign legal entities take part in the studies of aquatic biological resources conducted by him, and the foreign applicant is obliged to ensure the participation in these studies of specially authorized representatives of the Russian Federation from the federal executive authority in the field of fisheries, the presence of these representatives , namely, their placement and full provision on board research vessels, aircraft, installations and structures on a par with their own command (leading) staff, as well as provide the said representatives of the Russian Federation with access to all data and samples obtained in the course of research on aquatic biological resources, and provide them with data that can be copied and samples that can be shared without compromising their scientific value. (As amended by Federal Law No. 188-FZ of November 4, 2006)
3. 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 the final results and conclusions after the completion of these studies, Russian and foreign applicants are obliged to transfer to the state scientific organizations of the Russian Federation, the location of which is indicated in the permit to conduct research on aquatic biological resources. Russian and foreign applicants shall send notification of such a transfer to the federal executive body specified in the permit to conduct research on aquatic biological resources. (As amended by Federal Law No. 188-FZ of November 4, 2006)
Article 24. Transfer and publication of the results of studies of aquatic biological resources (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
Foreign applicants who have conducted studies of 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 Federal Law No. 188-FZ of November 4, 2006)
Article 25 (As amended by Federal Law No. 188-FZ of November 4, 2006)
1. The program for the study 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, determined accordingly by the President of the Russian Federation, the Government of the Russian Federation. (as amended by Federal Laws No. 48-FZ of 22.04.2003, No. 188-FZ of 04.11.2006, No. 364-FZ of 27.12.2009)
2. The change is considered agreed if the relevant federal executive body authorized by the Government of the Russian Federation, having confirmed receipt of the notice of the proposed change, does not report within 60 days from the date of receipt of the notice of its objections. (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 364-FZ dated December 27, 2009)
Article 26. Suspension or termination of research on aquatic biological resources (As amended by Federal Law No. 188-FZ of November 4, 2006)
1. Research on aquatic biological resources conducted in violation of this Federal Law and international treaties of the Russian Federation may be terminated by a decision of the federal executive body in the field of fisheries or suspended by a decision of the federal executive body in the field of fisheries, the federal executive body in the field of security , federal executive bodies, determined respectively by the President of the Russian Federation, the Government of the Russian Federation, as well as specially authorized representatives of the Russian Federation, specified in Article 23 of this Federal Law. (as amended by Federal Laws No. 48-FZ of 22.04.2003, No. 188-FZ of 04.11.2006, No. 364-FZ of 27.12.2009)
2. The resumption of suspended studies of aquatic biological resources is allowed only after the violations have been eliminated within the established time limits and information on the measures taken to eliminate the violations and measures to prevent such violations has been submitted to the appropriate federal executive body specified in Article 23 of this Federal Law, to a specially authorized representative of the Russian Federation, which made a decision to suspend research on aquatic biological resources or marine scientific research. (As amended by Federal Law No. 364-FZ of December 27, 2009)
3. Studies of aquatic biological resources are subject to immediate termination in cases where they are carried out: (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
without the permission of the relevant federal executive body;
with a change in the conduct of research on aquatic biological resources from the information submitted in the request in accordance with this Federal Law; (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
without compliance by Russian or foreign applicants with their obligations to the Russian Federation in connection with previous studies of aquatic biological resources. (As amended by Federal Laws No. 48-FZ dated April 22, 2003, No. 188-FZ dated November 4, 2006)
Article 26.1. Marine scientific research (as amended by Federal Law No. 48-FZ of April 22, 2003)
1. Marine scientific research on the basis of appropriate permits may be carried out 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 must be of an exclusively peaceful nature, including that it must not pose a threat to the defense of the country and the security of the state. (As amended by Federal Law No. 364-FZ of December 27, 2009)
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 Federal Law No. 187-FZ of November 30, 1995 "On the Continental Shelf of the Russian Federation" and international treaties of the Russian Federation.
4. Marine scientific research, the area of which is at least partially located in the internal sea waters or in the territorial sea of the Russian Federation, is carried out in the manner prescribed by the Federal Law of July 31, 1998 N 155-FZ "On internal sea waters, the territorial sea and the adjacent zone of the Russian Federation".
5. Placement and use in the exclusive economic zone of scientific research installations and equipment of any type, with the exception of those that are directly intended for conducting research on aquatic biological resources or non-living resources, as well as ensuring the defense and security of the Russian Federation, are carried out in the manner prescribed 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, agreed in international order means of warning to ensure the safety of maritime and air navigation, taking into account the norms and standards established by the competent international organizations. (As amended by Federal Law No. 188-FZ of November 4, 2006)
CHAPTER V PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT
Article 27. State ecological expertise in the exclusive economic zone (As amended by Federal Law No. 364-FZ of December 27, 2009)
1. State ecological expertise in the exclusive economic zone (hereinafter referred to as the state ecological expertise): (as amended by Federal Law No. 242-FZ of July 18, 2011)
1. State environmental supervision in the exclusive economic zone of the Russian Federation is a system of measures to prevent, detect and suppress 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 No. 364-FZ of December 27, 2009)
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 the Federal Laws of December 27, 2009 N 364-FZ, of November 21, 2011 N 331-FZ)
2. State monitoring is carried out by federal executive bodies authorized by the Government of the Russian Federation, in the manner prescribed by the legislation of the Russian Federation. (As amended by Federal Law No. 364-FZ of December 27, 2009)
Article 30. Dumping of harmful substances
1. Requirements for the prevention, reduction and control of pollution from ships, aircraft, artificial islands, installations and structures operating within the territorial sea and internal waters of the Russian Federation, by this Federal Law apply to the exclusive economic zone, taking into account international norms and standards and international treaties of the Russian Federation. (as amended by Federal Law No. 104-FZ of April 5, 2016)
2. The list of harmful substances, the discharge of which in the exclusive economic zone from ships, other floating craft, aircraft, artificial islands, installations and structures is prohibited, the limits of permissible concentrations of harmful substances, the discharge of which is allowed only during the normal operation of ships, other floating craft, 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 of the Russian Federation, and are published in the Notices to Mariners.
Article 31. Marine accidents
If a collision of ships, a ship running aground, a marine accident during exploration or fishing, exploration and development of natural resources of the exclusive economic zone, or any other 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 the norms of international law, has the right to take the necessary measures, commensurate with the actual or threatened 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 No. 188-FZ of November 4, 2006, No. 250-FZ of December 3, 2008, No. 364-FZ of December 27, 2009)
Article 32 Protection and preservation of ice-covered areas
With regard to areas that are within the exclusive economic zone and where particularly severe 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 damage 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 normative legal acts and ensure their observance. Federal laws and other regulatory legal acts take into account navigation, 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 Notices to Mariners. (As amended by Federal Law No. 188-FZ of November 4, 2006)
3. Officials of security bodies 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, when performing their official duties in the exclusive economic zone, must have appropriate service certificates. The instructions of officials of the security bodies, given by them within their powers, are mandatory for citizens of the Russian Federation and Russian legal entities, foreign citizens and foreign legal entities, as well as for representatives of foreign states and competent international organizations operating in the exclusive economic zone. (as amended by federal laws
3) in cases provided for by this Federal Law and international treaties of the Russian Federation:
suspend the activity specified in subparagraph 1 of paragraph 1 of this article that violates this Federal Law and international treaties of the Russian Federation;
detain violators of this Federal Law and international treaties of the Russian Federation and seize from them tools for the extraction (catch) of aquatic biological resources, equipment, tools, installations 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 violations and provide evidence of the tract of such violations, as well as to ensure the execution of a court decision; (As amended by Federal Law No. 364-FZ of December 27, 2009)
detain ships that violate this Federal Law and international treaties of the Russian Federation when 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 ships - to one of the ports of the Russian Federation open to foreign ships) ;
hot pursuit and detain ships that violate this Federal Law and international treaties of the Russian Federation when 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 ships - to one of the ports of the Russian Federation open for the entry of foreign ships);
in accordance with the legislation of the Russian Federation, impose fines on violators or bring claims against violators in the courts of the Russian Federation with the transfer to them of the detained violators, seized tools 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 No. 250-FZ of December 3, 2008)
4) stop ships if there are sufficient grounds to believe that these ships have illegally dumped hazardous substances in the exclusive economic zone. The captain of the stopped vessel may be required to provide information necessary to establish whether a violation has been committed, and the vessel itself may be inspected with a protocol of inspection followed by detention, if there are sufficient grounds for this;
5) draw up protocols on violations of this Federal Law and international treaties of the Russian Federation, suspension or termination of the activities specified in subparagraph 1 of paragraph 1 of this article, on the detention of violators and violating ships, on temporary, up to the issuance of a final court decision, the seizure of mining tools (catch) of aquatic biological resources, equipment, tools, installations and other items, as well as documents and everything illegally obtained. The procedure for hot pursuit, stopping, inspection and detention of ships, inspection of artificial islands, installations and structures, the procedure for drawing up protocols and the procedure for finding detained violating ships in the ports of the Russian Federation are determined in accordance with the legislation of the Russian Federation and the norms of international law; (as amended by Federal Law No. 250-FZ of December 3, 2008)
6) use weapons against violators of this Federal Law and international treaties of the Russian Federation to repel their attacks and stop resistance in the event that the life of security officials is in direct danger. The use of weapons must be preceded by a clearly expressed warning of the intention to use them and a warning shot upwards.
2. Warships and aircraft of the federal executive authority in the field of security may use weapons against ships violating this Federal Law and international treaties of the Russian Federation in response to the use of force by them, as well as in other exceptional cases in hot pursuit, when all other measures due to the circumstances necessary to stop the violation and detain the offenders have been exhausted. The use of weapons must be preceded by a clearly expressed warning of the intention to use them and warning shots. The procedure for the use of weapons is determined by the Government of the Russian Federation. (As amended by Federal Law No. 188-FZ of November 4, 2006)
3. Officials of the security bodies shall enjoy the rights provided for by this Federal Law also in relation to ships located in the territorial sea or in the internal waters of the Russian Federation, if there are sufficient grounds to believe that these ships have violated this Federal Law or international treaties in the exclusive economic zone Russian Federation.
Article 37. Assistance to security authorities
1. The federal executive authorities, determined respectively by the President of the Russian Federation, the Government of the Russian Federation, along with the solution of their main tasks, assist the security authorities 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 the Federal Laws of November 4, 2006 N 188-FZ, of December 27, 2009 N 364-FZ)
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 at coastal posts and other means, inform the security authorities about the discovery of warships, ships, about installations and about structures not reported in Notices to Mariners. Such information is transmitted free of charge through the relevant dispatch services.
3. Citizens of the Russian Federation and Russian legal entities operating in the exclusive economic zone inform the security authorities at their request about the location and activities of their ships, artificial islands, installations and structures free of charge.
Article 38
1. Economic incentives for employees of security bodies are carried out in accordance with the legislation of the Russian Federation.
2. Economic incentives for employees of security agencies may include:
establishment of tax benefits;
establishment of official and other bonuses for special conditions for the protection of the exclusive economic zone and its aquatic biological resources and non-living resources; (As amended by Federal Law No. 188-FZ of November 4, 2006)
bonuses for detected violations of this Federal Law and international treaties of the Russian Federation;
provision of other benefits established by federal laws and other regulatory legal acts of the Russian Federation.
Article 39
1. An arrested foreign ship and its crew shall be released immediately after the Russian Federation has been provided with a reasonable bail or other security.
2. If foreign citizens are held liable 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 said persons shall not be punished in the form of imprisonment in the absence of an international treaty 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 Federal Law No. 188-FZ of November 4, 2006)
Article 40. Responsibility for violation of this Federal Law (As amended by Federal Law No. 364-FZ of December 27, 2009)
1. Persons guilty of violating this Federal Law shall bear responsibility in accordance with the legislation of the Russian Federation.
2. Calling to account for a violation of this Federal Law does not release the perpetrators from the obligation to compensate for the damage inflicted in the manner established by the legislation of the Russian Federation.
Article 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 shall be resolved in court by the courts of the Russian Federation.
2. Disputes between the Russian Federation and foreign states concerning the exercise of their rights and obligations in the exclusive economic zone shall be resolved by peaceful means in accordance with the international treaties of the Russian Federation and the norms of international law.
Article 42 (as amended by Federal Law No. 307-FZ of October 14, 2014)
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.
July 3, 2016 No. 349-FZ (entered into force on January 1, 2019), June 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 relating to the exclusive economic zone of the Russian Federation and activities in it, not provided for by this Federal Law, are regulated 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 also referred to as the exclusive economic zone) is a sea area located outside the territorial sea of the Russian Federation (hereinafter referred to as the territorial sea) and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation and international law.
The definition of an exclusive economic zone also applies to all the islands of the Russian Federation, with the exception of rocks that are not suitable for supporting human life or for independent economic activity.
2. The inner boundary of the exclusive economic zone is the outer boundary of the territorial sea.
3. The outer boundary of the exclusive economic zone is located at a distance of 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 the international treaties of the Russian Federation or generally recognized principles and norms of international law.
Article 3. Maps and lists of geographical coordinates
1. The lines of the external boundaries of the exclusive economic zone or replacing them, lists of geographical coordinates of points approved by the Government of the Russian Federation, indicating the main initial geodetic data and delimitation lines, determined by international treaties of the Russian Federation or on the basis of generally recognized principles and norms of international law, are indicated on maps of a fixed scale and published in Notices to Mariners.
2. The formation of a data bank on the outer border of the exclusive economic zone is carried out by the federal executive body specially authorized for this by the Government of the Russian Federation.
Article 4. Basic concepts
Federal Law of the Russian Federation of December 17, 1998 No. 191-FZ
"On the Exclusive Economic Zone of the Russian Federation"
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