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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 bill "On the Specific Features 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 reached the stage of public discussion and is being negotiated in federal agencies.
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 of Forestry introduces a new mechanism for the formation and distribution of fish-breeding sites to users. Its essence is as follows:
- a hatchery can be formed in the territory of any marine area that is not forbidden to use for aquaculture purposes
- as the forming area (up to 1 thousand hectares), the parties can be regional authorities, legal entities and individual entrepreneurs
- the provision of a fish-breeding site for use is possible after carrying out a fish breeding and biological justification, and in case it is formed by a regional authority - following the creation of a justification for an open auction.
Initially, newly formed hatchery plots are provided for 7 years. At the end of this period, if the user has not made any violations during the entire operation of the site, the territory is allocated to him for a long time - 49 years. At the same time, the bill defines a number of cases that serve as the basis for the compulsory termination of the contract for the use of the fish farm. And also cases in which a failure in its formation is possible. But at the same time, the draft law provides for the allocation of land plots for production and infrastructure facilities to Far Eastern fish farms without bidding. In addition, he removes from the user the obligation to coordinate the act of release of juveniles in the fish-breeding area with a number of state authorities and introduces an annual declaration of the use of the fish-breeding section.
Another important innovation in the framework of the aquaculture complex in the Far East, as envisaged by the draft law, is the removal of the restriction of the use of fishing areas intended for its breeding. In this case, according to the draft law, you can use the site, including for aquaculture purposes. If the fishing area is not provided for use, then within its borders, by decision of the regional authority, it is possible to form a fish-breeding section.
The draft law introduces norms for protecting the property of fish farms in the Far Eastern regions. So, according to him, the moment of appearance of a private property site for marine aquaculture objects grown in a natural environment changes with the user. Now, according to the bill, it will arise in the Far Eastern fish farm since the release of the young in such an environment. While at present private ownership of any fish farm in Russia occurs from the moment of seizure of aquaculture objects from the natural environment. As a result, now during
The bill drafted by the Ministry of Justice touches on some fundamental aspects of the functioning of the aquaculture complex of the Far East. In particular, the document proposes to introduce principles of self-regulation into it and provides for the possibility for the Government of the Russian Federation to make a decision to create industrial marine aquaculture parks on the territory of the Far East to accommodate new hatcheries. In particular - within the Far Eastern territories of advanced development. It is the responsibility of the management company of such a park, according to the bill, to provide its residents with ready-made plantations for the implementation of marine aquaculture and other necessary services.
“The decision of the Ministry of Economic Development to develop this bill was due to the fact that the existing federal law on aquaculture is ineffective. A striking confirmation of this is the fact that since the adoption of this federal law to this day, not a single fish farm in the Far East has received a fish farm for use. Therefore, guided by the goal of accelerated development of the industry in the Far East, the Ministry of Finance has developed a draft law regulating the cultivation of aquaculture in the Far Eastern fisheries basin. So how exactly is the key potential for the development of marine aquaculture in Russia concentrated. This draft law should remove existing restrictions on business access to the water area for aquaculture and ensure for 10 years the involvement in the turnover of at least 1 million hectares of the sea water area for these purposes, ”said Alexander Krutikov, director of the Department for Investment Projects of the Ministry of Eastern Development.
As explained to the correspondent of the agency EastRussia in the Ministry of the East, a self-regulating organization (SRO), the creation of which is proposed by the draft law to manage the aquaculture complex in the Far East, will effectively regulate the activities of this industry in the Far Eastern region. As the industry 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 as quickly as possible to implement advanced world experience in the field of marine aquaculture - rules, technical and environmental standards, the use of which will open up new markets for Russian aquaculture products.
"The concept, laid by Minvostokrazvitiya in the approaches to developing a draft law on Far Eastern aquaculture, the association supports. It really can lead to explosive development of aquaculture in the Far East, "- said the president of the All-Russian Association of Fisheries Enterprises Alexander Fomin.
In his opinion, the draft law makes the procedures for filing applications for the formation of plots, procedures for refusals in their formation, and also the work of officials responsible for the distribution of fish-breeding sites completely transparent. At the same time, it makes them focused on business.
"The proposal to create a self-regulatory organization in the aquaculture complex is a very bold, strong and unexpected move by the Minvostokrazvitie. On the one hand, it turns out, of course, that all aquaculture workers are driven into the SRO. But, on the other hand, the SRO will be fully responsible for their activities. This is very important for the development of aquaculture, which, on the one hand, is a promising business, and on the other hand it is a sphere of activity associated with many risks. In particular - the possibility of damage to the environment. In aquaculture as a business, specialists are not available to cope with such risks. And the presence of SRO, involving the involvement of professionals in its work, will allow these risks to be minimized. Therefore, the SRO is not something that should be created in an aquaculture complex, it should also be done in the fishing industry, and the Association will think about it in the near future, "commented Alexander Fomin.
According to him, the rules and requirements for members of SROs are also correct. As the result of their execution will be a unified system of standardization of aquaculture production rules.
At the same time, Aleksandr Fomin noted that the annual fee for using the fish-breeding area, introduced by the bill, will restrain the development of the aquaculture complex in the Far East and even lead to a rise in the cost of its products. Only the option will be acceptable when, in accordance with the bill, the amount of fees set for aquaculture enterprises will be symbolic.
“The draft law establishes the correct algorithm for granting title to objects of mariculture. As well as provides all the necessary protection of property rights. This section of the draft law, of course, still requires consideration of some points, but the very fact that for the first time an attempt was made to legislatively prescribe all aspects of the protection of property rights, including the protection of the aquacultural complex, is very commendable. Since aquacultural enterprises today often do not have clear rights to aquacultural objects and guarantees of their property, ”said Alexander Fomin.
According to his opinion, the draft law also establishes a reasonable time period for fixing fish farms. The first seven years - a kind of probation. It is impossible to establish a shorter period, since seven years is the minimum payback period of a project. In case of successful completion of the probationary period - 7 years of successful work of the enterprise (without causing various kinds of damage to the external environment) - already providing the site for a long time - 49 years.
According to Alexander Fomin, the draft law correctly provides for a case of possible damage to the environment. On the one hand, the enterprise is responsible for the damage caused by a self-regulating organization. On the other hand, in the event that the damage to the enterprise is more than one million rubles, it falls under all the penalties envisaged by Russian law, including the seizure of the site itself. It is completely correct that, according to the draft law, the site can be taken away from the enterprise only by a court decision.
"If we talk about industrial marine aquaculture parks, the possibility of creating them is supposed by the bill, it is important that according to it, 51% of the shares of such parks should belong to the subject of the Russian Federation. That is, parks will have increased state control and responsibility, as well as lack of many barriers - at 51% of the region's share in the park, the governor of any entity will be interested in creating the most favored nation regime for the park, "said Alexander Fomin.
According to him, if the draft law is polished properly as a result of public hearings and interdepartmental approvals, then it will show itself as an effective document, then all Russian subjects will be interested in disseminating it in their territory and raise the relevant issue.
“Today, the federal authorities are forming a completely clear mechanism — incentives are being created for aquaculture farming in the Far East. The draft law is one of such incentives, which provides for the removal of legal barriers and the creation of a favored regime. Since, in essence, thanks to the bill, a person interested in aquaculture in a particular Far Eastern region is required 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 will be successful - and they should, in principle, be successful - then an explosive growth in the cultivation of mariculture will occur in the Far Eastern fisheries basin. That is, with a favorable scenario in the future, the draft law developed by the Ministry of the East will manifest itself as an effective means of aquaculture development in the Far East. Of course, one should take into account the fact that today many of its waters are not inhabited - they are not used by small businesses. Therefore, in addition to the draft law of the Ministry of Eastern Development, the situation in the aquaculture complex of the Far East has improved, it is necessary to provide strong financial support for this goal from the state. Mainly - development of mechanisms for crediting and obtaining long-term credits by Far Eastern aquaculture enterprises, ”concluded Alexander Fomin.
According to the data of the Ministry of Regional Development, at the present time the share of the Far Eastern Federal District in the all-Russian indicator of the production of commercial aquaculture is 3,5% (5,7 of 160 thousand tons), while Russia's share in the world production of aquaculture products is 0,23% (0,16 of 70 million tons ). At the same time, the Far East today has a significant potential for the development of the industry: less than 1% of the marine aquatory of the Far East, suitable for cultivation, is now used for this purpose.