Cabinet of Ministers of Azerbaijan Republic Enactment N 146 About the ratification of some normative-legal statements concerned with the fish breeding in Azerbaijan Republic. By virtue of the decree of the President of Azerbaijan Republic “About application of the law of Azerbaijan Republic N722 “About Fishing” from 13/06/1998 the Cabinet of Ministers of Azerbaijan Republic ordains: 1. To ratify “The permissible standards of environmental impact on aqueous objects, which have the significance for fish breeding”, “The forms, rates and payment application rules for the utilization of fish reserves and the fines for illegal fishing”, ”Payment and the rules of utilization for fish reserves in Azerbaijan Republic by foreign juridical and natural persons”. 2. To admit the invalidity of the first and second points of the Cabinet of Ministers’ enactment “About enforcement of security measures for reserves of valued and scarce fish species, water animals and invertebrates in fish-farm reservoirs of Azerbaijan Republic” from 01/03/1993 N 128. 3. The enactment comes into effect from a dato. The Prime Minister of Azerbaijan Republic A. Rasi-zadeh The permissible standards of environmental impact on aqueous objects, which have the significance for fish breeding 1. The permissible standards of environmental impact on aqueous objects, which have significance for fish breeding (hereinafter referred to as ”Standards”) are prepared in terms of Water Code of Azerbaijan Republic “About the fishery” and have for an object to prevent pollution of onland water currents and reservoirs referring to the aqueous objects by waste and sewage. 2. Aqueous objects are counted polluted if they become worthless for existence and development of fishes and another living organisms in consequence of direct and indirect impact of any kind of wastes and sewage. The water pollution criterion is the deterioration of water’s organoleptic characteristics and presence of injurious substances, which entailed changing of water organisms’ normal vital activity. 3. The fitness of water is determined on the basis of present norms and requirements. 4. It is prohibited: To dump any sewage into the water objects without permission of the Melioration Committee under the Cabinet of Ministers (on the onland aqueous objects), Geology and Mineral Reserves State Committee (on the underground aqueous objects), which exercise the official control on usage and preservation of environment and also without adjustment with the sanitaryepidemiological and fisheries services; To dump any sewage containing contaminants with unstated permissible density limits (PDL) into the aqueous objects; To allow dump from oil pipelines and oilfields into the aqueous objects; To drop unpurified sewage and also dangerous dense and liquid wastes from floating objects and fixed plants; To drop any sewage in the areas of mass spawn, nutrition and wintering of fish; To drop any wastes or sewage into the aqueous objects possessing the status of National Reserves or which are entailed for scientific-research work. 5. The technical specifications of sewage drops into the aqueous objects, their requirements and ways of adjustment and adherence of these terms are regulated by the present rules. II. The preservation of water objects from radioactive pollution 6. Drop and neutralization of sewage containing the radioactive substances are made due to the acting norms of radioactive safety, the rules of sanitary work with radioactive substances and other sources of ionizing radiation. 7. It is prohibited to drop any sewage created in the result of radioactive sewage neutralization such as mashes or discharged waters or boiler clots into the aqueous objects. 8. It is prohibited to drop sewage containing the radioactive substances into the ponds and lakes, assigned for fish and bird breeding and also into the rivers, drains and other aqueous objects connected with mentioned ones. III The permissible standards of environmental impact on aqueous objects 9. According to importance for the fish-breeding industry the aqueous objects are divided into 2 categories: The first category includes aqueous objects, used for restoration and preservation of valuable species of fish, differing by high oxygenous sensitivity. The second category includes aqueous objects, which are used for another aims of fish-breeding industry. 10. The category of aqueous objects due to importance for fish-breeding industry is determined by fisheries service subject to the future development of fish-breeding industry and fishery. 11. Formulation and properties of aqueous objects where discharged and natural waters are flowing in every point fixed by fisheries service in limits of 500 meters from the shedding place must meet the requirements of fish industry. 12. Possibility of sewage drops on the areas of aqueous objects situated nearby the areas of mass spawn, nutrition and wintering of fish and also the confluence conditions of discharged water with waters of aqueous objects. 13. The permissible standards of density of harmful substances at important for fish breeding aqueous objects may not exceed the normative indicators given in the annexes N1 and 2 to the present standards. 14. In case of inflow of some contaminants, which have the same indicators of harmful effect (subject to volume of sewage mixtures from surrounding spillways) into the aqueous object the sum of density ratio of several substances in water (S1, S2….Sn) to their (PDL) should not exceed 1. If at the section of the aqueous object the water utilization conditions are changing, then the shedding permission must be reconsidered. D:\687304398.doc 1 IV. The rules for insertion of supplements and changes into the permissible standards of environmental impact on aqueous objects 15. The supplements and changes can be made after their ratification by Cabinet of Ministers of Azerbaijan Republic and proved presentation by State fish industrial concern ”Azerbalyg” after the relevant co-ordination with State Ecological Committee, Committee of Melioration and water industry and the Academy of Sciences. Annex 1 General requirements towards water formulation and properties at the aqueous objects, used for fish-industrial purposes The Category of water usage. Formulation and properties indicators in water basin or in stream Aqueous objects, used for restoration and preservation of valuable species of fish, differing by high oxygenous sensitivity. Aqueous objects, used for another aims of fish-breeding industry 1 2 3 Suspended matters Floating mixtures (substances0 Colors, smells and tastes Temperature Dissolved oxygen Index of hydrogen Quantity of suspended matters in comparison with the natural water should not exceed the pointed limit 0, 25 mg.l. 0,75 mg.l. If the quantity of natural mineral substances on middle level of water in basin exceeds 30 mg.l, then the increase of their number is allowed in the limits of 5%. It is prohibited to drop the suspended matters, the residue speed of which exceed 0,4mm/sec in streams, and — 0,2 mm/sec in reservoirs. There should not be any petroleum products, lubes, and grease or any other mixtures on water surface. Water should not have any colors, smells or tastes, effecting on fish. In comparison with the natural temperature in the basin the temperature of water should not exceed 50С. For species, living in a quite cold water temperature should not exceed 200С in summer, and 50С in summer, and 280С in summer, and 80С in winter in other water basins. During winter should be nor less than the following indicators: 6,0 mg.l 4,0 mg.l In all water basins in summer where it is taken as a sample at 12:00 PM it must be nor less than 6,0 mg.l Should not exceed the limit of рН 6,5-8,5. 1 Biochemical necessity in oxygen (BNO) Poison gas 2 Full necessity of water in oxygen should not exceed 3,0 mg.l. In case of reduction of dissolved oxygen in winter period at aqueous objects of the first category on 6,0 mg.l., and at aqueous objects of the second category on 4,0 mg.l., then the drop of sewage is possible at these aqueous objects because they will not change the biochemical necessity in oxygen of water. The availability of poisoned substances in water with direct or indirect harmful effects on fish and other water organisms is impossible. Annex2 D:\687304398.doc 3 (200С) 2 List of harmful substances’ permissible density limit at the important aqueous objects Current№ Designation of elements Limit Indicator 1 2 Ammonia Benzol boric acid Hexachloran Dissolvan Cadmium (Cd2+) Cobalt (СО2+) Bituminous lacquer Magnesium (Мg2+) Copper (Сu2+) Arsenic Detergent compound ML-6 (mixture of Sulphonate and Sulphonole & white-spirit DV) 3 Токсикологичен — — — — — — — — — — — Nickel (Ni2+) Oxidized oil acid Pyror-400 Polyvinylacetate (emulsion) Proxamine 385 Petrolatum Polychloroprene Lead (Рb2+) Resinous matters washed from coniferous kind of trees Sulphonate on kerosene basis Sulphonole NР-5 Chlorous Sulphonole Sulphonole NР-1 Sulphonole NР-3 Tannin Tetroborate of Natrium Natural Chlorine (Сl-) Zinc (Zn2+) Straw oil Technical DDT DDT in straw oil DNS (Disodium saline) — — — — — — — — — Пеносмолистый лак Натриумалеиноканифоль Sulphide of Carbon Сульфонат с синтиновой основой (натриевая соль алкилсульфо-натной кислоты) Аминоканифольный хлорацетат Cyanides Ammonium chloride (NН4+) Ammonium sulphate (NН-) Ammonium nitrate (NН4-) Ammonium perchlorate (NН4-) Trichlorfon Formalin СП-7 (специальная паста — полиэтиленоглюколовый эфир) СП-10 (специальная паста — полиэтиленоглюколовый эфир алкилфенола) Alkylsulfonate — — — — 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. — — — — — — — — — — — — — — — — — — — — — — Permissible limit of density (mg.l) 4 0,05 0,5 0,1 prohibited 0,9 0,005 0,01 5,0 50,0 0,01 0,05 0,5 0,01 3,9 0,005 0,3 7,5 6,5 prohibited 0,1 Less than 2,0 0,5 0,5 0,1 0,2 0,1 More than 10,0 0,05 prohibited 0,01 0,01 prohibited prohibited 0,2 1,0 0,01 1,0 1,0 0,001 0,05 1,2 1,0 0,5 0,008 prohibited 0,25 0,3 — 0,5 Sanitary toxicological 0,5 D:\687304398.doc 3 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. Primary alkylsulfonate Карбомоль Метазин Хромолан Дипроксамин 157 Xylol Styrene Toluol Proksanol 305 ДНС-немылообразующая (паста) 2 на основе вторичных спиртов ДС-препараты (полиглюколовые эфиры) Отвердитель (конденсация продуктов смешения дициандиамина и кристаллов 10%ного медного ацетата, добавленного в формальдегид) Sulphospirits (non soapy 2) НГК (нейтрализованный черный контакт) Compound АВ Synthetic latex — organoleptic — — — — — — — — — — — — — In fish-breding industry Oil and petroleum products — Carbolic acid — Энтобактерии Common sanitary The forms, rates and payment application rules for the usage of fish reserves and the fines for illegal fishing 0,2 1,0 1,0 0,5 3,2 0,05 0,1 0,5 6,3 0,2 0,3 0,5 0,1 0,01 1,0 1,6 0,05 0,001 10,0 Common Regulations The present rules are made on the basis of the law of Azerbaijan Republic “About Fishing”, Water legislation of Azerbaijan Republic, treaties, agreements made between Azerbaijan Republic and By- Caspian states, other international treaties and legal regulations. 2. Utilization of fishy reserves is chargeable with exception of cases specified by legislation and is subject to differ, depending on the fishing tools and technical means and also on functions of aqueous objects. 3. The forms and rates of payment are determined in the following way: Species of fishy reserves Rates for usage of fishy reserves 1 2 Sprat 1,0 Grey mullet 2,0 Herring 2,5 Bream 2,0 Crustacea 5,0 Roach 2,0 Sazan 4,0 Жерех 5,0 Zander 4,0 Кутум 5,0 Шемая 5,0 Рыбец 2,0 Salmon 10,0 Sturgeon 10,0 Other kinds of fish 2,0 Seal 1,0 1. 5. Payment for usage is calculated by the following formula (G=L x K x N). L – basal price for usage either of 1 tone of sprat or 1 seal (in Az. manats): the basal price is aligned due to the market price for sprat and seal. For juridical and natural persons of Azerbaijan Repubic and foreign countries this rate is fixed in amount of 5&10 % correspondingly. K – the rate, depending on the species. N – gross amount (limit) of fish and seals specified for catch. 6. Municipality, owners, users and tenants according to standards indicated in item 2 of the present regulations fix payments for utilization of fish reserves at the aqueous objects, which either are in isolated use, are leased, belong to municipality or are in private proprietorship. 7. Privileges application is regulated by appropriate legislation of Azerbaijan Republic. The catch of fish and any other water animals with research and supervisory or fish-farming purposes and also for their adaptation to environment and removal and indication of fishing limits is free of charge. D:\687304398.doc 4 8. Payments for utilization of fish reserves shall be made in the course specified by legislation. 9. Application of payment rules: a) Payment for of fish reserves shall be transferred on the account number of “Azerbalyg” b) Payment for the total utilization limit shall be made in the due course: The 1st payment – up to 50% of originally scheduled sum The 2nd payment - the total amount for fish caught in point of fact during the 1 st quarter and 50% of amount planned for the 2nd quarter. The 3rd payment - the total amount for fish caught in point of fact during the 1 st half year and 50% of amount planned for the 3 rd quarter. The 4th - the total amount for fish caught in point of fact during the 9 months and 50% of amount planned for the 4 th quarter. The 5th - the total amount for fish caught in point of fact during one-year period till February of upcoming year. 10. Damage done to one fish or any other water animal shall be determined regarding to the minimum wage by the following coefficients: a) Fish -Species included into the “Red Book” (sea zander, lamprey, trout, thorn) 100 White sturgeon 90 Hunchback salmon, salmon, sturgeon, Stellate sturgeon 80 Zander 30 Carp, sazan 20 Cat –fish, pike, roach, perch, bream, Grey mullet, Crucian carp, 10 b) Caviar (1 kg.) White sturgeon, sturgeon, Stellate sturgeon 100 c) Водные животные: Caspian Seal 50 c) Water invertebrates Crawfish 1,0 Shrimp 0,5 Fines for illegal catch or destruction are imposed in treefold. Payment and rules of utilization for fish reserves in Azerbaijan Republic by foreign juridical and natural persons 1) 2) 3) 4) Foreign juridical and natural persons can buy the right of utilization for the fish reserves at the aqueous objects of Azerbaijan Republic due to the law “About Fishing” and other treaties. At the important fish-breeding aqueous objects the appropriate frameworks shall indicate the sections for industrial, sportive or any other fishery for foreign juridical and natural persons. There also shall be indicated the volume (limit) of caught fish, its kind and dimensions, the prohibited fishing tools and other norms and regulations. The industrial fishery made by foreign juridical and natural persons is chargeable and in this connection the utilization right must be bought in the course specified by legislation. The amount of payment depends on species, kind of catch, fishing tools and shall be determined in the following way: Виды рыбных запасов Коэффициенты использования рыбных запасов Sprat Grey mullet Herring Squamate fishes Zander 1,0 2,0 2,5 Roach 2,0 bream 2,0 Sazan 3,0 4,0 Other Squamates Seal 2,0 1,0 Crustacea 5,0 5. Payment for usage is calculated by the following formula (G=L x K x N). G – in manats. L - basal price for usage either of 1 tone of sprat or 1 seal. The basal price is 10 % of market price for seal and fish. 6. Municipality, owners, users and tenants according to standards indicated in item 2 of the present regulations fix payments for utilization of fish reserves at the aqueous objects, which either are in isolated use, are leased, belong to municipality or are in private proprietorship. 7. Foreign juridical and natural persons can buy the right of utilization for the fish reserves at the aqueous objects of Azerbaijan Republic due to the law “About Fishing” and other treaties. D:\687304398.doc 5