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On the issue of the use of transport vessels for the transportation of catches of aquatic biological resources and fish products of which outside Russian jurisdiction
Material posted: Gornova Anna M.Publication date: 25-08-2018
Currently, section 9 of article 1 of the Federal law of 20.12.2004 № 166-FZ "On fisheries and conservation of aquatic biological resources" (hereinafter "fisheries Act") defines fishing as "activities for the extraction (catch) of water bioresources and in the cases provided for by this Federal law on acceptance, processing, handling, transportation, storage and unloading of catches of aquatic biological resources, the production of fish and other production from water biological resources".

Two fisheries represent entrepreneurial activity: a) commercial fishing and b) coastal fishing. Coastal fishing includes such activities as overloading, so the transport (primetransport) the vessel may not engage in these kinds of fishing, unlike commercial fishing.

In the definition of "industrial fishing" in paragraph 10 of article 1 of the fisheries Act specifies that it includes "activity on search and extraction (catch) of water biological resources"and "production on the courts of fishery fleet of fish and other production from these water bioresources". The remaining activities are shown in the same way as for the concept of "fishing".

You need to pay attention to the fact that the fisheries Act does not include the concept of

"fishing", "industrial fishing" or "coastal fishing" activities for acceptance, processing, handling, transportation, storage and unloading of fish products.

From these activities the fisheries Act provides a definition of only the term "extraction (catch) of water biological resources", which in paragraph 8 of article 1 of the fisheries act is defined as:

"the withdrawal of water bioresources from their habitat".


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