FAS ISSUED A WARNING TO ROSRYBOLOVSTVO
Permits to catch sardines, mackerel and anchovies were issued on non-competitive basis
The Office of the Plenipotentiary Envoy of the President of the Russian Federation in the Far East District forwarded to FAS Department for Control over Construction and Natural Resources statement of fishing companies regarding unlawful actions of the Federal Fishery Agency (Rosrybolovstvo) with regard to harvesting in Japan exclusive economic zone (EEZ)* in 2017.
As FAS established, Rosrybolovstvo received overall five applications for catching sardines, mackerel and anchovies in Japan EEZ. The Agency promptly considered the applications of “Luntos”, “Tralflot” and “Sofko” and next day they were in Rosrybolovstvo Office in Japan. At the same time, applications of “Interrybflot” and “Polaris” were given to the Japan Office in 14 calendar days.
As there was no deadline for collecting applications, the key factor for obtaining the permits for fishing (catching) sardines, mackerel and anchovies in Japan EEZ became the order of filing the applications. Thus, the volume allocated by Japan for fishing was distributed between “Luntos” (10 000 tons), “Sofko” (2 550 tons) and “Tralflot” JSC (11 100 tons).
Deputy Head of FAS Rachik Petrosyan emphasized: “The current law does not regulate the procedure for allocating international quotas in the case in question, - in the absence of data about the scope of harvested aquatic biological resources in the preceding nine years. The situation is aggravated with the absence of a legal act, determining, in particular, the time frame for filing such applications, their consideration and further movement. The issue was discussed at a meeting with Deputy Chairman of the Government of the Russia - the Plenipotentiary Envoy of the President of the Russian Federation in the Far East District back in June 2017, and the instructions were given to draft legal amendments.
Actions of Rosrybolovstvo, including arbitrary period of submitting the applications to Japan (from 1 to 14 days), have signs of breaching Part 1 Article 15 of the Federal Law “On Protection of Competition”.
By 1 July Rosrybolovstvo must set a competitive procedure for collecting and considering applications from companies wishing to fish in the areas covered by international treaties signed by Russia on fishing and preserving aquatic biological resources, and set requirements for the timeframe of filing and redirecting applications between the authorities involved in quota allocation.
Reference:
The 33rd session of Russian-Japanese Fishing Commission reached arrangements in the part of allowing fishing-ships of the Russian Federation to fish in the 200-mile zone adjacent to Japan shore in the north0west part of the Pacific Ocean in 2017; quotas for catching sardines, mackerel and anchovies - 23 685.9 tons.