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For the development of aquaculture in the Far East have developed a new law

Aquaculture (mariculture) enterprises in the Far Eastern fishing basin will have more opportunities

The draft law “On the specifics of legal regulation in the field of marine aquaculture (mariculture) in the Far Eastern fisheries basin and on amendments to certain legislative acts of the Russian Federation” has entered the stage of public discussion and is being approved by federal agencies.

For the development of aquaculture in the Far East have developed a new law
The draft law was developed by the Ministry for the Development of the Russian Far East in accordance with the instructions of Deputy Prime Minister Yuri Trutnev and published on the federal portal for disclosing legal information. The department suggests that it will be submitted to the Russian government by April 15. The bill defines the specifics of legal regulation in the field of marine aquaculture (mariculture) in the Far East fishery basin. It is envisaged that the existing law on aquaculture - Federal Law No. 148 of July 2, 2013 "On aquaculture (fish farming) and on amendments to certain legislative acts of the Russian Federation" will continue to apply to the territories of the remaining Russian basins. The mechanisms proposed by the new draft law of the Ministry for the Development of the Russian Far East are largely innovative, and the measures of state support are broad.

In comparison with the already existing all-Russian law regulating the cultivation of aquaculture (mariculture) in the country, the draft law developed by the Ministry for the Development of the Russian Far East introduces a new mechanism for the formation and issuance of fish plots to users. Its essence is as follows:

- a fish-breeding site can be formed on the territory of any sea water area, which is not prohibited to be used for aquaculture breeding

- regional authorities, legal entities and individual entrepreneurs can act as a forming site (with an area of ​​up to 1 thousand hectares)

- the provision of a fish-breeding site for use is possible after a fish-breeding and biological justification, and if it is formed by a regional authority - according to the results of an open auction, after the creation of a justification.

Initially newly formed fish breeding grounds are provided for 7 years. After this period, if during the entire operation of the site the user has not made any violations, the territory is allocated to him for a long time - 49 years. At the same time, the bill also defines a number of cases that serve as the basis for the compulsory termination of the agreement for the use of a fish breeding site. As well as cases in which a refusal to form it is possible. But at the same time, the bill provides for the allocation of land plots for production and infrastructure facilities to Far Eastern fish farms without bidding. In addition, it removes from the user the obligation to coordinate the act of releasing juveniles into the fish farm with a number of state authorities and introduces an annual declaration of the use of the fish farm.

Another important innovation within the framework of the aquaculture complex in the Far East, provided for by the bill, is the removal of restrictions on the use of fishing grounds intended for its breeding. In this case, in accordance with the draft law, it is possible to use the site for aquaculture purposes as well. If the fishing site is not provided for use, then within its boundaries, by the decision of the regional authority, it is possible to form a fish farm.

The draft law introduces norms for protecting the property of fish farms in the Far Eastern regions. So, according to it, the moment when the user of a plot of private property for marine aquaculture objects grown in their natural environment changes. Now, in accordance with the bill, it will appear at the Far Eastern fish farm from the moment the juveniles are released into such an environment. Whereas at present, private property in any fish farm in Russia arises from the moment of the withdrawal of aquaculture objects from their natural environment. As a result, now for 2-5 years, necessary for the cultivation of aquaculture, the property rights of Russian fish farms are not protected, their capitalization and the possibility of attracting credit resources are limited. In addition, the draft law extends agricultural insurance mechanisms to aquaculture. Also, in accordance with the draft law, fish farms in the Far East will now be able to protect their mariculture areas by resorting to the services of private security companies.

The draft law developed by the Ministry for the Development of the Russian Far East also touches on some fundamental aspects of the functioning of the aquaculture complex of the Far East. In particular, the document proposes to introduce the principles of self-regulation into it and provides for the possibility of the Government of the Russian Federation making a decision to create industrial parks of marine aquaculture in the Far East to locate new fish farms. In particular - within the Far Eastern territories of advanced development. The responsibilities of the management company of such a park, according to the bill, include providing its residents with ready-made plantations for the implementation of marine aquaculture and other necessary services.

“The decision of the Ministry for the Development of the Russian Far East to develop this bill was due to the fact that the existing federal law on aquaculture is ineffective. A vivid confirmation of this is the fact that since the adoption of this federal law until today, not a single fishing enterprise in the Far East has received a fish farm for use. Therefore, guided by the goal of accelerating the development of the industry in the Far East, the Ministry of Ministries has developed a bill regulating the cultivation of aquaculture in the Far Eastern fishery basin. Since it is here that the key potential for the development of marine aquaculture in Russia is concentrated. This draft law should remove the existing restrictions on business access to the water area for aquaculture and ensure the involvement of at least 10 million hectares of the sea area for these purposes in 1 years, ”said Alexander Krutikov, Director of the Investment Projects Department of the RF Ministry for the Development of the Russian Far East.

As explained to the correspondent of the EastRussia agency in the Ministry for the Development of the East, a self-regulatory organization (SRO), the creation of which is proposed by the bill for the management of an aquaculture complex in the Far East, will effectively regulate the activities of this industry in the Far Eastern region. Since the industry's self-regulation system assigns high responsibility to the business, but at the same time it is more flexible than the licensing system. Thanks to the SRO Institute, it is also possible to quickly implement the world's best practices in the field of marine aquaculture - rules, technical and environmental standards, the application of which will open new markets for Russian aquaculture products.

“The Association supports the concept laid down by the Ministry for the Development of the Russian Far East in the approaches to the development of the draft law on Far Eastern aquaculture. It can really lead to an explosive development of aquaculture in the Far East, ”said Alexander Fomin, President of the All-Russian Association of Fisheries Enterprises.

In his opinion, the bill makes completely transparent the procedures for submitting applications for the formation of plots, the procedure for refusing to form them, as well as the work of officials responsible for the distribution of fish-breeding plots. In doing so, he makes them business-oriented.

“The proposal to create a self-regulatory organization in the aquaculture complex is a very bold, strong and unexpected move on the part of the Ministry for the Development of the Russian Far East. On the one hand, it turns out, of course, that all aquaculture workers are driven into SROs. But, on the other hand, the SRO will be fully responsible for their activities. This is very important precisely for the development of aquaculture, which, on the one hand, is a promising business, and on the other hand, a field of activity associated with many risks. In particular - the possibility of causing damage to the environment. As a business, aquaculture does not employ specialists who can cope with these kinds of risks. And the presence of an SRO, which assumes the involvement of professionals in its work, will just allow these risks to be minimized. Therefore, the SRO is not something that is expedient to create in the aquaculture complex, it also needs to be done in the field of fishing, which the Association will think about in the near future, ”commented Alexander Fomin.

According to him, the rules and requirements introduced by the draft law regarding SRO members are also correct. Since the result of their implementation will be a unified system for standardizing the rules for growing aquaculture.

At the same time, Aleksanlr Fomin noted that the annual fee for using the fish-breeding site, introduced by the bill, will restrain the development of the aquaculture complex in the Far East and even lead to an increase in the cost of its products. The only option will be acceptable when, in accordance with the draft law, the amount of fees set for aquaculture enterprises will be symbolic.

“The bill establishes the correct algorithm for granting ownership of mariculture objects. In the same way, all necessary protection of property rights is provided. This section of the bill, of course, still requires some aspects to be taken into account, but the very fact that for the first time an attempt was made to legislate all aspects of protecting property rights, including the protection of the aquaculture complex, is very commendable. Since aquaculture enterprises today often do not have clear rights to aquaculture facilities and guarantees of their property, ”said Alexander Fomin.

According to him, the bill also establishes a reasonable time frame for securing fish breeding sites. The first seven years are a kind of trial period. It is impossible to establish a shorter period, since seven years is the minimum payback period for a project. In case of successful completion of the probationary period - 7 years of successful operation of the enterprise (without causing various kinds of damage to the external environment) - the site has already been provided for a long time - 49 years.

According to Alexander Fomin, the draft law correctly provides for the case of possible damage to the environment. On the one hand, a self-regulatory organization is responsible for the damage caused to the enterprise. On the other hand, if the damage to an enterprise is more than one million rubles, it falls under all penalties provided for by Russian legislation, including the seizure of the site itself. At the same time, it is completely correct that, in accordance with the bill, a site can be taken from an enterprise only by a court decision.

“If we talk about industrial parks of marine aquaculture, the possibility of creation of which is envisaged by the draft law, it is important that, in accordance with it, 51% of the shares of such parks should belong to the subject of the Russian Federation. That is, the parks will have heightened state control and responsibility, as well as there will be many barriers - with 51% of the region's share in the park, the governor of any subject will be interested in creating the most favored nation regime for the park, ”said Alexander Fomin.

According to him, if the bill is properly polished as a result of public hearings and interdepartmental agreements, adopted, after which it shows itself as an effective document, then all Russian subjects will be interested in distributing it on their territory and will raise the relevant issue.

“Today the federal authorities are forming a quite clear mechanism - they are creating incentives for aquaculture breeding in the Far East. The developed bill is one of such incentives, which provides for the removal of legal barriers and the creation of a favorable treatment. Since, in fact, thanks to the bill, anyone interested in aquaculture in a particular Far Eastern region needs only to write a statement and start breeding it. If, after the entry into force of this law, all new aquaculture projects in the Far East are successful - and they should, in principle, be successful - then an explosive growth of mariculture cultivation will take place within the Far Eastern fisheries basin. That is, given a favorable scenario in the future, the draft law developed by the Ministry for the Development of the Russian Far East will prove to be an effective means of developing aquaculture in the Far East. Of course, one should take into account the fact that today many of its water areas are not inhabited - they are not used by small businesses in any way. Therefore, in addition to the draft law of the Ministry for the Development of the Russian Far East, in order to improve the situation in the aquaculture complex of the Far East, it is necessary to provide powerful financial support for this goal from the state. Mainly - the development of credit mechanisms and long-term loans for Far Eastern aquaculture enterprises, "concluded Alexander Fomin.

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According to the Ministry for the Development of the Russian Far East, at present, the share of the Far Eastern Federal District in the all-Russian indicator of commercial aquaculture production is 3,5% (5,7 out of 160 thousand tons), while the share of the Russian Federation in the world production of aquaculture products is 0,23% ( 0,16 out of 70 million tons). At the same time, today the Far East has significant potential for the development of the industry: less than 1% of the marine area of ​​the Far East suitable for mariculture cultivation is now used for these purposes.
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