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Law No. 1892 “On fishfarming, fisheries and protection of fish stocks”.

Country/Territory
Tajikistan
Document type
Legislation
Date
2022
Source
FAO, FAOLEX
Subject
Environment gen., Food & nutrition, Fisheries
Keyword
Protection of habitats Freshwater pollution Hazardous substances Hazardous waste Protection of environment Offences/penalties Legal proceedings/administrative proceedings Data collection/reporting Access-to-information Basic legislation Fishery management and conservation Inland fisheries Allocation/quota Non-commercial fishing Research Aquaculture Stock enhancement/repopulation Fish products Contract/agreement Processing/handling Transport/storage Internal trade
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force after its official publication.
Abstract

This Law regulates public relations in the field of fishfarming, fisheries and the protection of fish resources and is aimed at providing the population with fish and its processed products. The objectives of this Law are: (a) providing the consumer market with fish products; (b) reproduction, breeding and protection of fish resources; (c) improvement of the technological process of production, storage and sale of fish products; (d) regulation of economic relations related to the production, storage and sale of fish products; (e) state control over the circulation of fish resources; (f) prevention of non-compliance with fishing rules and illegal fishing; and (g) prevention of pollution of the fish habitat by hazardous and harmful substances. State regulation of relations in the field of fishfarming, fishing and protection of fish resources is based on the following principles: (a) productivity of fishfarming; (b) protection of the environment and fisheries resources; (c) state support for the development of fishfarming; (d) participation of citizens and public organizations; and (e) free access to information. State monitoring of fish resources is carried out for the following purposes: (a) preparation of annual information on fish resources and their use in fishfarming and fishing; (b) identification and forecasting of processes that affect the state of fish resources and their habitat; (c) organizing the rational use of fish resources, including, if necessary, establishing restrictions on fishing; and (e) development of measures for the protection and restoration of fish resources. Fish farms can organize fish breeding in ponds, reservoirs and other specially equipped waterbodies with the following fishfarming regime: (a) fish breeding, starting from fish spawn to commercial fish, as well as breeding pedigree fish and small fry; (b) breeding of fry and yearlings; and (c) breeding of commodity fish. Recreational fishfarming is organized using fish resources bred in natural waterbodies and (or) artificial habitat conditions. Natural and artificial waterbodies that are state property can be transferred on a contractual basis to fishfarms for short-term use. An agreement for the use of natural and artificial waterbodies includes the following basic information: (a) the subject and duration of the agreement; (b) location and area of the waterbody; (c) forecasting the volume of release of fry into a waterbody, cultivation of fish and their catch from the waterbody; (d) information about the infrastructure facilities of fishfarms; (e) reclamation measures carried out by fishfarms in waterbodies; (f) procedure for compensation of losses; and (g) obligations of fishfarms to protect the environment. Fish resources of natural waterbodies are the exclusive property of the state. Fish resources of artificially created waterbodies, according to the legislation of the Republic of Tajikistan, can be state or private property. Natural persons and legal entities can carry out the following types of fishing: (a) industrial; (b) for research and control purposes; (c) for the purposes of fishfarming, reproduction and acclimatization of fish resources; and (d) recreation and sport. Fishing quota in natural waterbodies is determined on the basis of documents confirming the right to fish. The fishing quota in natural waterbodies is annually determined and approved by the authorized state body in the field of environmental protection on the basis of a scientifically substantiated conclusion for industrial purposes, for the purposes of reproduction and acclimatization, and the organization of recreational and sport fishing. This Law contains VII Chapters divided into 33 Articles. Chapter I lays down general provisions. Chapter II establishes state regulation in the field of fishfarming, fisheries and protection of fish resources. Chapter III defines activities in the field of fishfarming. Chapter IV defines the right to fish resources. Chapter V deals with fisheries. Chapter VI regards protection of fish resources and their habitat. Chapter VII lays down final provisions.

Full text
Russian
Website
www.portali-huquqi.tj

References - Legislation

Repeals

Law No. 1021 “On fishfarming, fisheries and protection of fish stocks”.

Legislation | Tajikistan | 2013

Keyword: Protection of habitats, Freshwater pollution, Hazardous substances, Hazardous waste, Offences/penalties, Legal proceedings/administrative proceedings, Basic legislation, Inland fisheries, Fishery management and conservation, Aquaculture, Stock enhancement/repopulation, Fish products, Effluent waste water/discharge, Pollution control

Source: FAO, FAOLEX