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Order No. 341 of the Minister of Agriculture validating the Methodology for calculation of the amount of compensation for damage caused and that may be caused to fish resources and other aquatic animals, including inevitable damage as a result of economic activity.

Country/Territory
Kazakhstan
Document type
Regulation
Date
2017
Source
FAO, FAOLEX
Subject
Fisheries, Water
Keyword
Fishery management and conservation Liability/compensation Stock enhancement/repopulation Aquatic animals Navigation Waterworks Contract/agreement Surface water
Geographical area
Aral Sea, Asia, Caspian Sea, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Order enters into force 10 calendar days after the date of its official publication.
Abstract

This Order establishes methodology for calculation of the amount of compensation for damage caused and that may be caused to fish resources and other aquatic animals, including inevitable damage as a result of economic activity. Inevitable damage to wild fauna shall be intended residual, not preventable by preventive measures damage caused and/or to be caused to wildlife or its natural habitat by the adverse effects of factors arising as a result of natural-climatic and anthropogenic impact. Economic activity shall be intended the activity of an individual or a legal entity on fishery waterbodies and (or) sites associated with the use of water objects, geophysical research, geological exploration, hydrocarbon production, placement, design and construction of waterworks and other facilities, production processes and the operation of transport means, and navigation. Compensation of damages caused to fish stocks and aquatic animals shall be performed through implementation of measures providing for release to fishery waterbodies of fish stocking material, restoration of spawning grounds and fishery reclamation of waterbodies on the basis of an agreement concluded with the body of authorized agency. Calculation of the amount of compensation for damage caused to fish resources and other aquatic animals, including the inevitable damage, as a result of economic activity, shall be performed in the following cases: (a) complete loss of fish resources and other aquatic animals of a waterbody or its parts as a result of loss of commercial productivity; and (b) partial loss of fish resources and other aquatic animals of a waterbody or its parts as a result of loss of commercial productivity or from direct destruction of commercial species, their eggs, larvae, young fish and fish feed. Methodology contains calculation formulae.

Full text
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