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Fisherman's law is not written
EastRussia listened to business claims to fishing legislation
31 May at the "round table" in Khabarovsk once again discussed the specifics of law enforcement in the field of fisheries regulation in the Far East, and as noted by the Deputy Prosecutor General for the FEF Yury Gulyagin who said the event, there are specific examples of how the authorities went to meet the fishermen and improve the legislation. However, business, as it turns out, still has many complaints about the quality of the regulatory framework. What disturbs the Far Eastern fishermen, EastRussia found out.
To negotiate more often is less to violate
On Wednesday in Khabarovsk, at the "round table" devoted to improving law enforcement practice in the field of fishing, Deputy Prosecutor General of the Russian Federation Yuri Gulyagin said that the authorities began to interact more actively with fishermen entrepreneurs. In particular, he mentioned seminars on law enforcement practice with the repeated crossing of the state border, which is carried out with the ship-owners and crews of the FSB border guards in Kamchatka, calling them "an example very revealing".
"Problematic issues can and should be resolved in the course of discussion, searching for mutually acceptable approaches within the framework of the current legislation. I am sure that in other regions of the district it is necessary to build a similar level of relations between entrepreneurs and representatives of control and supervisory bodies, "Mr. Gulyagin said. He also mentioned that on May 21, the Prosecutor General of Russia instructed prosecutors to strengthen supervision in the sphere of protection and extraction of aquatic biological resources. "One of the sections provides for systematic assessment of the legality of the actions of the control bodies with respect to entrepreneurs carrying out this activity," said the deputy prosecutor general.
Among measures to improve the application of the provisions of the law on fishing Yuri Gulyagin called, first, the bill adopted by the State Duma in the first reading of 20 April 2017 on simplifying the order of crossing the state border by fishing vessels. The current version of the law on the state border does not allow the courts to pass from one fishing area to another with crossing the border without passing customs control. And entering the territorial sea, that is, crossing the border, the vessel is obliged to go through all the control procedures - and therefore return to the port. However, this is inconvenient for the fishermen. Therefore, to move, for example, from the Sea of Okhotsk to the fishing areas of the Kuriles, eastern Kamchatka, the Bering Sea, fishermen have to go, without crossing the state border, along a long way - by skirting the islands. This way, not through the Fourth Strait of Kuril, but through the First one, is 230 miles - instead of 29. The draft law proposes introducing the notification character of the border passage.
Moreover, the deputy prosecutor general said, a draft federal law "On Introducing Amendments and Additions to Certain Legislative Acts of the Russian Federation to Improve Fishing and Ensure Security in this Area" has been prepared, which provides for the possibility of fishing by vessels coming from the Russian seaports and Returning to the Russian seaport without calling at foreign ports, in the regime of an "open" border. "There is a discussion with the industry community," said Yury Gulyagin.
Secondly, he said, the Federal Fisheries Agency prepared orders for its Far Eastern territorial departments to ensure the issuance of permits for the production of anadromous species of fish for a period of not more than three days after the application was received, to ensure the salmon season in the Far East. Now, it follows from the materials for the meeting, this does not always happen so quickly. In general, in Russia, 5% of applications are processed in 65 working days, 6-10 working days in 20%, 11-15 working days in 15%.
Thirdly, the Ministry of Natural Resources has developed a draft amendment to the Forest Code, which will allow fishermen to establish on the shore in the forest zone the objects of fishing and fish infrastructure, and above all temporary camps. Now it is forbidden. In addition, Rosrybolovstvo listened to the opinion of fishermen of Sakhalin, who offered to provide already operating hatcheries with the right to use the fish-breeding area within the boundaries of the water body in which enterprises produced juvenile Pacific salmon without bidding. "The project is being coordinated with interested federal executive bodies in the established order," said the deputy prosecutor general.
Maneuvering between the laws
"Fishermen with gratitude and recognition are related to the measures taken by the Prosecutor General's Office and you," Yevgeny Kabanov, deputy chairman of the board of the Union of Fishing Producers and Entrepreneurs of Kamchatka, said to Yuri Gulyagin, head of the Kamchatka Krai Chamber of Commerce and Industry, deputy chairman of the board of the Union of Fish Producers and Entrepreneurs of Kamchatka. - We saw the solution to the problems that were posed and 31 May (at the previous similar event.- EastRussia), and completely fresh. Many problems have been for several years already, and federal authorities have already accustomed the fishermen to that, as always, and they began to invent their own measures to circumvent the laws, "Mr. Kabanov noted.
As an example, he cited the requirements of the provision of article 12.4 of the law on the exclusive economic zone of the Russian Federation, which stipulated that "loading, unloading, reloading of catches of aquatic biological resources, fish products and other products from aquatic biological resources should be carried out in the presence of an official of the protection body". "What is most important for a fisherman? Non-productive losses of fishing time, when every hour of idle time is recalculated in tons of non-released products. This hopelessness in our time gave us the article 12.4 of the law on the economic zone, according to which during the transshipment of fish products, the presence of inspectors is mandatory. When in the Sea of Okhotsk worked on 170-200 ships, and anyone who aspired to go to overload, a poor inspector for the Sea of Okhotsk was looking for, time was lost and thousands of tons of fish. This situation was restored by the fishing team against this provision of the law, "Yevgeny Kabanov recalled.
However, due to the fact that the problem was considered at a round table chaired by Yuri Gulyagin a year ago, “this year not one of the 170 vessels operating in the Sea of Okhotsk lost any hours due to the fault of the border guards,” said the deputy chairman of the board Fishermen and Entrepreneurs of Kamchatka. " “These are the consequences of your actions, the issues under consideration, and today we are saying thank you to the border guards. Today, to say that it is necessary to “finish” the article 12.4 of the law on the exclusive economic zone is removed. This is the most important thing for fishermen, ”he said.
At the same time, Mr. Kabanov acknowledged, fishermen still have questions about certain norms of legislation. For example, in the 90-ies, it was important to pass control points when fishing in the exclusive zone. "But today the technical solutions are such that this excess rate should be removed," Yevgeny Kabanov called.
But special claims from the fishermen of Kamchatka, as it turned out, to another regulatory act - issued in January 2015 order of the Ministry of Transport No. 4 on mandatory pilotage during the registration of vessels to enter and exit the port of Petropavlovsk-Kamchatsky. This topic was raised by representatives of the fishing industry community last May, Yevgeny Kabanov recalled.
And who is the pilot?
“Prior to this order, pilotage escort on the approaches in the Avachinskaya Bay and in the Bay was optional. And the vessels of small capacity, up to 20 thousand tons, passed by the strait connecting Avacha Bay and the lip, unhindered, without pilotage - to the place of stay. The order introduced compulsory pilotage. By issuing it, the Ministry of Transport has bypassed many provisions of the law, in particular, the 261 of the Seaports Act, ”the fishery manager explained.
Obligatory passage along the fairway in the approaches to Avacha Bay may put at risk a vessel that has a draft of 13 m - the maximum permissible for servicing in the port of Petropavlovsk-Kamchatsky, said Yevgeny Kabanov. At the point of reception of the pilot at the beginning of the fairway, the depth mark is 12,8 m. But then the vessel with the draft of 12,8 m, following the pilot along the channel, gets to the shallows of the traverse of the island of Zavoiko, where on the maps of the mark of depths - both 11,4 m and 12 m, he explained . However, the vessel has no right to get off the fairway with the pilot, he stressed.
In addition, with wind force greater than 14 m / s, pilotage is prohibited. And this is the working weather for fishing vessels in the Avacha Bay, where, according to the Bering Sea, the weather with wind force 12,5-15,2 m / s is at 60 days per year, and in Avacha Bay, where this weather is also 90 days per year . "What does the pilot do in this case?" He says: listen, captain, go yourself. Here's a document for you, then I'll sign that I've done you a favor. But I'm the captain. Excuse me. Why do I need a pilot, if I am responsible for all the consequences? "Said Mr. Kabanov.
According to the fisherman, the goal of the regulatory act adopted by the Ministry of Transport is to increase the revenue of the port. "For those rates and rates that the port has set, for an enterprise with 17 same-type vessels, the annual cost of pilotage support is about 10 million rubles. According to the data of the administration of our port, 82 fishing vessels were subject to this order. Hence, the annual "mzda" is 47 million rubles. This is money that could go to the technical maintenance of ships, to protect human lives, "Evgeny Kabanov was indignant.
"Therefore, the proposal is specific. Since this does not comply with federal legislation, this order must be immediately withdrawn until we run into trouble and the banks that I voiced. The Ministry of Transport on the eve of the development of the project did not accept any of our requirements, developed in the quiet of the office, wrote and released - without taking into account the specific conditions of a specific port. Therefore, recall ahead of schedule and send for revision, "- suggested Yevgeny Kabanov.
"The main thing is that there is an effect from our activities that improves the state of affairs in Russia and the Far East. We have more than enough business with you, and you have to work on many more - inside the processes that are taking place. If you, the business, promptly prompt us, we will undoubtedly succeed, and the distrust that exists will be overcome, "Yury Gulyagin said at the end of the meeting.
Vladimir Solodov, deputy presidential plenipotentiary in the Far Eastern Federal District, noted that “taking into account the need for a fairly dynamic development of amendments to the regulatory framework, due to the inconsistencies that arise, due to the complexity of enforcement, there is a need for even tighter work between various departments: federal authorities , control and law enforcement agencies, regional structures ". He recalled that there are already sites for interdepartmental cooperation in the industry: these are interdepartmental groups headed by Yuri Gulyagin and the head of the Control Department Konstantin Chuichenko, and a specialized government commission under the leadership of Deputy Prime Minister - Presidential Envoy in the Far Eastern Federal District Yury Trutnev. “But, in my opinion, even closer interaction is needed at our daily work level,” he said.