18 december 2012
The Government Legislative Commission approves the draft federal law On Recreational Fishing
The draft law has been developed in accordance with Paragraph 72 of the Russian Government's plan of legislative activities for 2012, endorsed by Government Decree No. 2425-r of December 28, 2011.
Under Federal Law No. 420-FZ of December 28, 2010, amendments have come into force to the Federal Law On Fishing and the Preservation of Aquatic Biological Resources, regulating relations in the area of amateur and sport fishing.
The said amendments have had serious social consequences, with numerous rallies in defence of the rights of amateur fishermen taking place across the Russian Federation in March 2011. Appeals to the Federal Agency for Fishery (Rosrybolovstvo) stated that unrestricted and free amateur fishing had been made impossible in its traditional localities because of new organisations that were charging fees for their services.
The draft law codifies the rights of citizens to fish without restrictions and free of charge on bodies of water in general use, with the exception of bodies of water that have been made available to recreational fishing companies (providing paid services to amateur fishermen). The draft law includes clauses on how to form fishing areas for the organisation of recreational fishing companies on artificial or natural bodies of water (or part thereof), the maximum area of which is established by the executive agency of a constituent entity of the Russian Federation, and for the harvesting (fishing) of aquatic biological resources under personal fishing licenses in relation to valuable and particularly valuable types of aquatic biological resources, as defined by Article 12 of the draft law, on natural bodies of water (or part thereof). The combined area of these fishing areas should not exceed 10% of the water resources in existence within the borders of a constituent entity of the Russian Federation.
The draft law outlines the rights of ownership to harvested (fished) aquatic biological resources and fish stocking areas.
To preserve aquatic biological resources in the course of amateur fishing, the harvesting (fishing) of aquatic biological resources for a single amateur fisherman shall be rationed.
The draft law introduces restrictions on retail trade in fishing nets and prohibits the sale of all brands and types of electric fishing appliances, the use of which would entail mass mortality of aquatic biological resources. It is proposed that nets for fishing aquatic biological resources should be sold only to private businessmen and individuals authorised to harvest (fish) aquatic biological resources under the Federal Law On Fishing and the Preservation of Aquatic Biological Resources, as well as to individuals engaged in recreational fishing under a personal fishing license.
The draft law introduces amendments to the Federal Law On Fishing and the Preservation of Aquatic Biological Resources with regard to the terms of recreational fishing.
In addition, the draft law introduces amendments to the Budget Code of the Russian Federation on charges incurred for using items of aquatic biological resources owned by the Russian Federation, constituent entities of the Russian Federation or municipal entities (at the rate of 100% under a personal fishing license), and to the Tax Code of the Russian Federation on introducing a government tax of 200 roubles for the issue of a personal fishing license and on imposing charges for each item of aquatic biological resources (from 35 to 200 roubles per item).
If approved, the Federal Law On Recreational Fishing will be of great social and environmental importance, securing people's right to amateur fishing with the purpose of personal consumption of aquatic biological resources and recreation and establishing legal grounds for organising amateur fishing as a business activity.
The draft law has been approved by the Government Legislative Commission and will be submitted to the Government for further consideration.