On the territory of the Republic of Kazakhstan, fishing is carried out in accordance with the Rules of Fishing approved by the Order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated February 27, 2015 No. 18-04/148 (hereinafter – the Rules of Fishing).
Fishing in Kazakhstan is divided into the following types:
1) commercial fishing;
2) amateur (sports) fishing;
3) research fishing;
4) control fishing;
5) reclamation fishing;
6) fishing for reproductive purposes.
If you decide to engage in fishing for personal consumption of caught products, as well as entrepreneurial activity in the form of commercial fishing, then you should first issue certain permits.
1. What kind of fishing can be attributed to amateur fishing?
Hobby (sport) fishing is carried out with fishing gear that allows only individual fishing (non-commercial fishing gear), for the purpose of satisfying sports and aesthetic needs, holding sports competitions, as well as for personal consumption of the caught products and other fish resources. hunting aquatic animals.
Recreational (sports) fishing with all systems and names of fishing rods with no more than five hooks per angler (shine, bait, fishing rods for catching predatory fish, spinning), weapons for spearfishing, as well as no more than three points per angler is carried out with special devices, traps and traps for catching crabs and other aquatic animals.
Specially designed equipment and weapons for underwater hunting are used for recreational fishing in specially designated areas outside the public recreation area, as well as in special places designated by the wildlife user, in approved fisheries water bodies and (or) areas.
Recreational (sport) fishing in the reserve fund of fisheries water bodies and (or) plots is carried out for free up to five kilograms per fisherman without any permission (Paragraphs 18-20 of Rules of Fishing).
2. What documents give the right to carry out amateur fishing on fishery reservoirs?
Hobby (sport) fishing in the approved fishery water bodies and (or) areas is carried out to individuals according to their verbal and written requests in accordance with the referral issued by the wildlife user.
During recreational (sports) fishing, the fisherman shall carry with him:
1) A voucher (in approved fishery water bodies and (or) plots);
2) permission (when catching more than five kilograms of fish and other aquatic animals in the reserve stock of fisheries water bodies and (or) plots);
3) an identity document (Paragraphs 21-22 of Rules of Fishing).
3. What is the procedure for obtaining a voucher for fishing?
A voucher is issued by a hunting or fishing entity to individuals upon their request (verbal or written) to visit assigned hunting grounds and/or fishery reservoirs and/or sites for the purpose of obtaining wildlife objects in the presence of a permit for the use of wildlife.
Subjects of the hunting and fishing economy keep records of the issued vouchers by registering them in the register of vouchers issued by the subjects of the hunting and fishing economy in the form, in accordance with the appendix to these Rules. The journal is numbered, laced and certified with the seal of the territorial subdivision of the department of the authorized body in the field of protection, reproduction and use of wildlife.
The issuance of vouchers for hunting and fishing is refused in the following cases:
1) the absence or complete development by the subjects of hunting or fishing of a quota for the seizure of wildlife objects, in accordance with the rules for the distribution of quotas for the seizure of wildlife, approved in accordance with subparagraph 56) of paragraph 1 of Article 9 of the Law;
2) absence of a hunter's certificate (for hunting), in accordance with subparagraph 1) of paragraph 5 of Article 38 of the Law;
3) restrictions and prohibitions on the use of wildlife in places and terms, according to the decision on the introduction of restrictions and prohibitions on the use of wildlife objects, their parts and derivatives, established places and terms of their use on the basis of a biological justification issued by the relevant scientific organizations, subject to state environmental expertise, adopted in accordance with subparagraph 62) of paragraph 1 of Article 9 of the Law;
4) the presence in the hunting grounds at the same time of the maximum allowable number of hunters, determined by the throughput of the hunting grounds, in accordance with the rules for on-farm hunting management on the territory of the Republic of Kazakhstan, approved in accordance with subparagraph 36) of paragraph 1 of Article 9 of the Law (Paragraphs 2,4,5 of Acting order Minister of Agriculture of the Republic of Kazakhstan dated February 27, 2015 No. 18-03/145 «On approval of the standard form of a voucher, as well as the Rules for its issuance»).
4. In what ways is fishing prohibited?
Introduce a ban on fishing:
with the use of piercing fishing gear (spear, pike, trap), unauthorized fishing gear (samolov, traps, traps), explosives and poisonous substances, as well as firearms;
methods and methods, fishing gear, the use of which is not provided for by the rules of fishing, and not included in the list of commercial and non-commercial types of gear and fishing methods approved for use, approved by order of the Minister of Agriculture of the Republic of Kazakhstan dated January 16, 2015 No. 18-04 / 17 (registered in the Register of State Registration of Regulatory Legal Acts No. 10266);
using fishing gear with a mesh of smaller sizes, provided for in the fishing rules and permits for the use of wildlife, in the form in accordance with the Rules for issuing permits for the use of wildlife, approved by order of the acting Minister of Agriculture of the Republic of Kazakhstan dated December 19, 2014 No. 18-04/675 (registered in the Register of State Registration of Normative Legal Acts No. 10168);
by the method of bagrenie, rutting with the help of rattling and botanie;
with the withdrawal of fish resources and other aquatic animals less than the commercial measure established by the rules of fishing (subparagraphs 1,2,3,6,7 ) of Paragraph 5 of Annex 1 to the order «On the introduction of restrictions and prohibitions on the use of objects of the animal world, their parts and derivatives, the establishment of places and terms of their use» of the Acting Chairman of the Committee for Forestry and Wildlife of the Ministry of Agriculture of the Republic of Kazakhstan dated July 24, 2015 No. 190).
5. In what places is fishing prohibited?
Introduce a ban on fishing:
in wintering pits during the winter period, on spawning grounds during spawning and in other areas, at the times and places established by these restrictions and prohibitions;
in places of concentration and on the migration routes of fish resources and other aquatic animals during their breeding season, established by these restrictions and prohibitions (subparagraphs 4,5) of Paragraph 5 of Annex 1 to the order «On the introduction of restrictions and prohibitions on the use of objects of the animal world, their parts and derivatives, the establishment of places and terms of their use» of the Acting Chairman of the Committee for Forestry and Wildlife of the Ministry of Agriculture of the Republic of Kazakhstan dated July 24, 2015 No. 190).
6. What are the requirements for commercial fishing?
Commercial fishing - complex process that provides removal of fish resources and other aquatic animals from the habitat with fishing gear that allows to catch large quantities of fish resources and other aquatic animals at the same time and (or) includes and separates a part of the water body (with commercial fishing gear)..
Commercial fishing is carried out by fishing on the coast and in the sea.
Coastal fishing is carried out in approved fisheries water bodies and (or) areas.
Fishing at sea is carried out in the open part of water bodies (seas, lakes) outside the limits of approved areas.
Commercial fishing is not allowed in the recreational fishing areas designated by the local executive body.
In accordance with paragraph 1 of Article 35 of the Law, the right to commercial fishing is granted to individuals and legal entities:
1) permits;
2) it is given when there is a contract for conducting fishery with the local executive body.
The ship's captain, foreman, link or responsible person during commercial fishing, on board the ship, as well as in the fishing area:
permission;
the subject of fishery or the user of the animal world carries with them a professional journal, signed and certified by the seal of the territorial department, bound and numbered (Paragraph 11-15 of Rules of Fishing).
7. How to formalize the right to use the fishery?
The hunting lands and fisheries waters and (or) plots shall be fixed in recognition of basin principle by the decision of local executive body of region according to the results of competition (Paragraph 1 Article 40 The Law of the Republic of Kazakhstan « On Protection, Reproduction and Use of Animal World» dated 9 July, 2004 No.593).
To participate in the contest, you need to register in advance on the web portal:
1) for individuals:
personal identification number, last name, first name and patronymic (if any);
business identification number, full name, surname, first name and patronymic of the first head (if any);
3) details of the settlement account in the second level bank for the return of the security deposit;
4) contact data (postal address, telephone, fax, e-mail).
When the above data changes, the participant changes the data entered in the web portal before registering the application.
The tenderer submits an application through the web portal:
1) to participate in the competition for the approval of hunting areas according to the form in accordance with Appendix 1 to these Rules;
2) to participate in the tender for approving fisheries water bodies and (or) plots according to the form in accordance with Appendix 2 to these Rules (Paragraphs 23-24 of «On approving the rules of holding a competition for the approval of hunting grounds and fishery water bodies and (or) plots and qualification requirements for the participants of the competition» Order No. 18-04/245 of the Minister of Agriculture of the Republic of Kazakhstan dated March 19, 2015).
8. Are there any requirements for the participants of the competition for securing fishery reservoirs and sites?
When approving fisheries water bodies and (or) plots, participants are subject to the following qualification requirements:
For fisheries water bodies and (or) areas for the purpose of commercial fishing and (or) recreational (sport) fishing:
1) absence of tax arrears of the taxpayer, arrears on mandatory pension contributions and social transfers;
2) absence of past-due debts of the tenderer for all types of obligations to the bank, branch or bank department;
3) in accordance with Appendix 4 to these Rules, a statement on the availability of the main means, technological equipment and other material and technical means for the production and processing of fish resources and other aquatic animals in the right of ownership (hobby (sport) fishing and local fisheries water bodies and (or) excluding plots);
4) information on the fulfillment of financial and other obligations in accordance with the plans for the development of fisheries entities obtained from territorial units (for individuals or legal entities whose fishing water bodies and (or) plots were previously approved) (electronic copy).
For saltwater fisheries water bodies and (or) sites:
1) absence of tax arrears of the taxpayer, arrears on mandatory pension contributions and social transfers;
2) absence of past-due debts of the tenderer for all types of obligations to the bank, branch or bank department;
3) information on the fulfillment of financial and other obligations in accordance with the development plans of fisheries subjects obtained from territorial divisions (for individuals or legal entities for which fishery water bodies and (or) plots were previously approved (electronic copy);
4) the applicant has the technologies and production capacity for deep processing of Artemia cysts, which is confirmed by the conclusion of the scientific organization of the department in accordance with Appendix 3 to these Rules.
For fishery water bodies and (or) plots for the purpose of commercial fish farming in ponds and (or) lakes:
1) absence of tax arrears of the taxpayer, arrears on mandatory pension contributions and social transfers;
2) absence of past-due debts of the tenderer for all types of obligations to the bank, branch or bank department;
3) during the planning of commercial fish farming, it is intended to increase the proposed price by 1% for every 10 tons of the final price proposed by the tenderer for the fishery water body and (site) above the volumes approved in the development plans (Chapter 2 Paragraph 2 of «On approving the rules of holding a competition for the approval of hunting grounds and fishery water bodies and (or) plots and qualification requirements for the participants of the competition» Order No. 18-04/245 of the Minister of Agriculture of the Republic of Kazakhstan dated March 19, 2015).
Commercial size of fish - the size of fish allowed to be caught, measured from the tip of the beak to the base of the central crack of the tail fin (when the mouth is closed).
The commercial measure of fish resources and other aquatic animals is established in accordance with Appendix 1 to these Rules.
Shar Darin reservoir and the Syr Darya river from the Shar Darin reservoir to the state border with the Republic of Uzbekistan
Commercial measure of fish resources and other aquatic animals (hereinafter referred to as the commercial measure of fish) in centimeters (hereinafter referred to as cm): carp - 35, pike perch - 38, grass carp and silver carp - 45, catfish - 65, shemaya - 17, sabrefish - 31, asp -31, white-eye - 18.
Lake Balkhash , the Ili river from the mouth to the Kapshagai reservoir, Karatal, Lepsy, Aksu, Ayaguz rivers, deltaic and floodplain reservoirs these rivers with all channels and branches
Commercial measure of fish, in cm: carp - 40, bream - 19, asp - 37, pike perch - 37.
Bukhtarma reservoir, Zaisan lake and Irtysh river from the confluence with Lake Zaisan to the State Border Republic of Kazakhstan with China
Commercial measure of fish, in cm: carp - 45, ripus - 19, pike perch - 38, pike – 32 (the Rules of Fishing approved by the Order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated February 27, 2015 No. 18-04/148).
The fee amount is calculated by the payers on the basis of the established rates and the number of animals or weight (for certain species of aquatic animals).
When calculating the fee amount for foreigners’ hunting in the Republic of Kazakhstan, a coefficient of 10 is applied to the established rates.
The amount of the fee shall be paid to the budget at the place where the permit for the use of wildlife is received. Payment shall be made before obtaining a permit by transferring through second-tier banks or organizations carrying out certain types of banking operations, with the exception of fees for the use of species of animals that are objects of commercial fishing, in excess of the amount of fees payable to the budget in the amount of more than 350 times the amount MCI for quotas for the withdrawal of commercial fishing objects of the current year.
Payment for the use of species of animals that are objects of commercial fishing, in excess of the amount of the fee payable to the budget in the amount of more than 350 times the MCI for the quotas for the withdrawal of commercial fishing objects of the current year shall be made in shares within the following terms:
until December 25 of the current year - 20 percent of the total quota issued in the current year;
until March 25 of the year following the year in which the quota was issued - 40 percent of the total quota issued in the current year;
until June 25 of the year following the year in which the quota was issued - 40 percent of the total quota issued in the current year.
The fee rates shall be determined in the amount divisible by MCI established by the law on the national budget and effective as of the date of payment of such a fee (Articles 582-583 of The Code of the Republic of Kazakhstan of December 25, 2017 № 120-VI «On taxes and other obligatory payments to the budget (Tax Code)»).
Violation of rules for fishing, as well as rules for carrying out of the other types of using fish resources and other shell-fish that does not contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.
Action provided by a part one of this Article committed repeatedly second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation indices (Parts 1,2 of Article 383 of The Code of the Republic of Kazakhstan dated 5 July 2014 No. 235-V «On Administrative Infractions»).
Illegal extraction of fish resources, other aquatic animals or plants, if this action is committed:
1) with infliction of significant damage;
2) with the use of explosives or chemical substances, electro current or other methods of mass destruction of fishery resources and other aquatic animals and plants,-
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years (Part 1 of Article 335 of The Criminal Code of the Republic of Kazakhstan dated 3 July 2014 No. 226-V).