Ukraine

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Welcome to the GFCM Database on National Fisheries Legislation

Please read the 'Introduction' in the Main Page before starting.

N.B: the below reported contents are currently subject to revision and will be thus updated in due course.



Contents




For further information, please visit the Fisheries and Aquaculture Country Profile of Ukraine in the FAO Website, here

Introduction

Ukraine is a Cooperating non Contracting Party of the GFCM since Mai 2015. The country is party to the UN Law of the Sea Convention (26 July 1996) and the UN Fish Stock Agreement of 1995 (27 February 2003). Ukraine has not ratified the FAO Compliance Agreement of 1993 and also the FAO Port State Measures Agreement of 2009.

FISHERIES

Fishing capacity
Types, sizes and number of fishing vessels, fishing gears and their number can be also regulated by the rules of commercial fishing (Art. 31). Ex. Fishing with midwater trawls during the period from November 1 to March 31 in the Black Sea is allowed only for vessels with a displacement not exceeding 1,200 tons (Decree No. 164 of 1998, par. 14.6).

Fishing effort

Use of natural resources is exercised within the limits of allowed volumes (Law No. 1264-XII of 1991, Art. 41; Law No. 2894-III of 2001, Art. 48). Within Law No. 3677-VI of 2011, limits are established for all species (groups of species) subject to commercial fishing, except those which stocks are formed by means of artificial reproduction (Art. 29). Limits may be not established for the species which stock volume cannot be reduced to alarming level due to the peculiarities of the distribution of these species or their availability for fishing (Art. 28). Limits are distributed on quotas between users by the fisheries central executive body, out of which 15% or less can be kept in reserve when distributing (Art. 30). Quotas are distributed among users in proportion to average values of their catches over the last 4 years (Art. 30). Auctions can be organized to distribute on quotas the remainder of the limit formed by reserve and the quotas abandoned by users (Art. 30). Usually fishing effort limits are established for a specific year. Ex. in 2011, the following measures were adopted (Decree No. 51 of 2011):

  • The number of the vessels fishing with midwater trawls in the period to 31 March and from November 1 to December 31 is limited to 20 units (par.10);
  • The number of gillnets used for the capture of turbot and ray and stingray should not exceed 7700 units; the gillnet length should not exceed 100 m (par. 12 and 13);
  • The number of beach seines used for the capture of shrimps in the Black Sea outside Crimea should not exceed 32 units (par. 18.5);
  • The number of gillnets used for the fishing of so-iuy mullet westward of the meridian 32°13' EL should not exceed 280 units; the gillnet length should not exceed 100 m (par. 20).

Access regime to fisheries resources

Administrative authorizations and licenses

A permit is required to undertake commercial fishing activities in Ukraine (Law No. 3677-VI of 2011, Art. 24). Its validity period is 5 years and a moderate fee is due. The permit can be denied or revoked in the case of recurring violation of the legislation on protection, use and reproduction of the living aquatic resources during a year of licensing terms (Law No. 3677-VI of 2011, Art. 24). It is also necessary to conclude contracts on the right for use of the living aquatic resources for 5 years (Law No. 3677-VI of 2011, Art. 30). Fishing in waters beyond Ukrainian jurisdiction requires a permission, which can be denied or revoked if the fishing vessel is recorded in the list of the vessels involved in illegal fishing (Law No. 3677-VI of 2011, Art. 24). Foreign fishers can exercise commercial fishing in the exclusive economic zone of Ukraine and territorial sea under reciprocal international agreements (Law No. 3677-VI of 2011, Art. 33). The Agreement concluded with the Government of Georgia on "Cooperation in Fishery Industry" (1996) provides for the possibility of placing at the other party’s disposal the part of allowable catch not used by the given party on mutually acceptable terms. It als provides that the parties develop and coordinate the measures on the regulation of fisheries for respective species of the living aquatic resources of the Black Sea on the basis of the most reliable scientific data. The Agreement concluded between the Ukrainian State Committee of Fisheries and Fishing Industry and the Federal Fisheries Committee of the Russian Federation regarding fisheries in Azov Sea (1993) created the Ukrainian-Russian Commission on Fisheries in the Azov Sea, which sets the values of total allowable catches of the main marketable species of the Azov sea fish and distributes them on national quotas, coordinates the measures of commercial fishery regulation, and coordinates the exercise of the control over compliance with agreed measures. Any vessel must satisfy navigation safety, protection of human life and natural environment requirements (Merchant Shipping Code of Ukraine, No. 176/95-ВР of 1995, Art. 23), and especially the requirements of the International Management Code for the Safe Operation Of Ships and for Pollution Prevention (1993), and for vessels of minor sizes (capacity to 55 kW), the Act on Technical Inspection of Vessels (Law No. 3677-VI of 2011, Art. 23; Decree No. 226 of 2000).The crew cannot be less than the minimal prescribed by the authorities (Merchant Shipping Code of Ukraine, No. 176/95-ВР of 1995, Art. 50).


Relevant GFCM Decisions on this subject

Main fisheries laws and regulations

Main legislations
Order No. 27 of the Ministry of Agrarian Policy and Food validating the Instruction on basing sites of fishing vessels
Order No. 14 of the Ministry of Agrarian Policy and Food validating the Instruction on the modalities of registration for sailing and return to marine seaports (harbours) of fishing vessels by harbourmasters
Order No. 98 of the Ministry of Agrarian Policy and Food validating the Regulation on validation of inspection certificate related to compliance of economic entity with the requirements of protection of aquatic biological resources
Regulation on fisheries in the Sea of Azov water basin for the period of 2014
Regulation on fisheries in the Black Sea water basin for the period of 2014
Law No. 3677-VI "On fishery, industrial fisheries and protection of fishing resources
Presidential Decree No. 1064 on institution of marine protected area "Zernov's Phyllophora field

Source FAOLEX

Conservation and control measures

Restrictions apply on fisheries resources

Area and time restrictions

The following activities are forbidden by the rules of commercial fishing in the Black Sea in the course of all year: -any fishing in the area of the sea in front of the mouth of the Danube River (from Starostambulsky arm to Belgorod canal inclusive and 10 kilometers into the sea) in the areas one kilometer wide on both sides of each arm, starting from the middle of fairway and 5 kilometers into the sea (Decree No. 164 of 1998, par. 10.1); -any fishing with trawls in the following restricted areas (Decree No. 164 of 1998, par. 10.8):

  • by meridians 35°05' EL and 35°50,5' EL, coastline and the line at the distance of 12 miles from the coast;
  • by coastline and the line passing across the southern boundary of Cape Evpatoria, points in 45°09' north latitude 33°16' EL and in 45°00' north latitude 33°04' EL, and further passing at the distance of 12 miles from the coast to the intersection with the line connecting Cape Tarkhankut and the Dniester-Constantinople lighthouse, and then to Cape Tarkhankut;
  • by the line connecting Cape Tarkhankut and the Dniester-Constantinople lighthouse from the South;
  • by meridian 30°00' EL from the East, coastline from the West and the state borderline from the South.

The fishing of so-iuy mullet with gillnets is forbidden in the Black Sea to the North from the line connecting Cape Tarkhankut and the Dniester-Constantinople lighthouse and to the West from meridian 30°00' EL in the period from June 15 to October 14, 2011 (Decree No. 51 of 2011, par. 19.5).

The following types of fishing are prohibited in Karkinitsky Bay (Decree No. 164 of 1998, par. 14):

  • the fishing of so-iuy mullet, European flounder and Black Sea shad with gillnets;
  • the fishing of so-iuy mullet, grey mullet, Black Sea anchovy, horse mackerel, mackerel, bluefish and bonito with purse seines and ring nets;
  • the capture of veined rapa whelk with dredge;
  • the capture of Mediterranean mussel with dredge (the prohibition of this fishing applies to the part of Karkinitsky Bay);
  • the fishing of gobies with gillnets (except some areas) in 2011 (Decree No. 51 of 2011, par.19.3).

In addition, the following types of fishing are allowed only in stated areas and prohibited outside the limits of these areas (Decree of State Committee for Fisheries No. 164 of 1998, par. 14):

  • the fishing of Azov anchovy to the East of the meridian passing across Cape Chersonese;
  • the fishing of picked dogfish and ray and stingray with gillnets and longlines in the Black Sea to the South from the line connecting Cape Tarkhankut and the Dniester-Constantinople lighthouse, and to the East from meridian 30°00' EL;
  • the fishing of horse mackerel with lift nets along the coast of the Crimea Peninsula from Cape Meganom to Cape Lucullus;
  • the capture of shrimps with fyke nets in the area from Kinburn Spit to Perekopsk Bay (Decree No. 51 of 2011, par. 18.6).

All types of commercial fishing of the following species are forbidden in the Black Sea in view of their spawning (Decree No. 164 of 1998, par. 12):

  • grey mullet: from August 20 to September 10;
  • turbot: in exclusive economic zone from May 1 to May 30 and in the territorial sea for 15 days timed to this period (the specific terms of the prohibition are established by the fish protection authorities by agreement with scientific organizations).
  • European flounder: from February 15 to April 30;
  • gobies: from May 1 to June 15.

During the spawning period prohibition established in 2011, the fishing of picked dogfish and ray and stingray with gillnets and longlines were also forbidden (Decree No. 51 of 2011, par. 9).

Fishing methods are subject to the following time restrictions in the Black Sea (Decree No. 164 of 1998, par. 13 and 14):

  • fishing with pound nets in Karkinitsky Bay: from January 1to July 10 and from September 1 to December 31;
  • fishing of grey mullet: from June 1 to December 31 (except the spawning period prohibition);
  • fishing of so-iuy mullet with pound nets in Karkinitsky Bay: from March 1 to July 10 and from September 1 to November 30;
  • fishing of so-iuy mullet with uncovered stationary traps with closing entrances in Karkinitsky Bay: from March 1 to November 30;
  • fishing of Azov anchovy with purse seines: from October 1 to January 31;
  • fishing of turbot with gillnets: from February 1 to October 31(except the spawning period prohibition);
  • fishing of Black Sea shad with gillnets: from October 1 to April 30;
  • fishing of horse mackerel with lift nets: from November 1 to April 30;
  • fishing of Mediterranean mussel and veined rapa whelk with dredges outside Karkinitsky Bay: from August 1 to May 31;
  • fishing of Mediterranean mussel and with dredges in allowed part of Karkinitsky Bay: from October 1 to May 31;
  • capture of shrimps with beach seines and hand nets: from September 1 to May 31;
  • capture of shrimps with fyke nets in the area from Kinburn Spit to Perekopsk Bay (in 2011): from September 1 to December 31 (Decree of State Committee for Fisheries No. 51 of 2011, par. 18.6);
  • capture of amphipoda with beach seines and hand nets: from May 1 to October 31.

The Botanical Sanctuary “The Phyllophora Field of Zernov” (Decree No. 1064 of 2008) covers the marine area of 4025 km² bounded by the lines crossing the points with the following coordinates:

  1. 45 ° 18'25 north latitude and 30 ° 42'26 east longitude;
  2. 45 ° 54'42 north latitude and 30 ° 55'05 east longitude;
  3. 46 ° 01'53 north latitude and 31 ° 10'40 east longitude;
  4. 45 ° 31'05 north latitude and 31 ° 42'56 east longitude;
  5. 45 ° 17'41 north latitude and 31 ° 23'20 east longitude.

Other reserves are not entirely marine ones. The two most important are created mainly for the protection of waterfowl:

  • Danube Biosphere Reserve (Decree No. 861 of 1998) covers the two-kilometer marine coastal zone contiguous to the Ukrainian sector of the Danube delta (a reserve is created on the Romanian side of the Danube delta as well);
  • Black Sea Biosphere Reserve (Decree of the Council of People's Commissars of the USSR, No. 172 of 1927; Decree No. 563 of 1993) covers the water area and the small islands in Tendrivsky and Yahorlytsky Bays of the Black Sea.

In addition, the following reserves and natural parks covering small coastal marine areas are created on the coast of the Black Sea:

  • Karadag Nature Reserve (covers 809 hectares of the Black Sea water area; fishing is prohibited);
  • Dzharylhatsky National Park (covers 2469 hectares of marine water area);
  • Sanctuary “Serpent Island” (covers 232 hectares of marine water area);
  • State landscape reserve "Cape Aya" (covers 208 hectares of marine water area; fishing is prohibited);
  • Opuksky Nature Reserve (covers 62 hectares of marine water area);
  • Nature reserve "Cape Martian" (covers 20 hectares of marine water area; fishing is prohibited).

Fishing may be restricted in addition to the restrictions prescribed by other regulations within the Botanical Sanctuary “The Phyllophora Field of Zernov”, the Black Sea Biosphere Reserve, the Dzharylhatsky National Park and the Sanctuary “Serpent Island”.

Tendrivska, Karkinitska and Dzharylgatska Bays are considered included on the "List of Wetlands of International Importance especially as Waterfowl Habitat" (Decree No. 935 of 1995). These areas are subject to protection, and commercial fishing may be limited there.

Minimum sizes

Commercial fishing is forbidden, if by-catch of fish or other aquatic organisms smaller than established value exceeds the established norms. For these purposes, the following minimal sizes of fish or other aquatic organisms are established in the Black Sea (cm):

azov anchovy 6.5
horse mackerel 10
red mullet 8.5
mackerel 15
sprat 6
whiting 12
grey mullet 20
so-iuy mullet 38
turbot 35
European flounder 15
picked dogfish 85
Black Sea shad 17
gobies 11
shrimp 3.5
Mediterranean mussel 5

The length of the fish is measured from the top of a snout to the beginning of middle rays of a caudal fin. The size of a mussel is defined by a measurement of the maximal length of a shell; the size of a shrimp is measured from the centre of an eye to the end of a tail.

It is allowed to carry out undirected fishing when the by-catch of individuals of non-fishing size does not exceed:

  • with the fishing gear with size of half mesh 20 mm and more: 20% of a total catch amount;
  • with the fishing gear with size of half mesh less than 20 mm: for Azov anchovy, whiting: 20%; for gobies, red mullet, horse mackerel, sprat: 8%, for other fish: 2% of a total catch mass.

It is allowed to carry out directed fishing of objects when the number of by-catch of individuals of non-fishing size does not exceed:

for gobies, horse mackerel, red mullet, grey mullet and so-iuy mullet 20%
for picked dogfish 15%
for Black Sea shad and European flounder 8%
for turbot 5%
for Azov anchovy 40%
for mackerel, whiting and sprat 30%
for Mediterranean mussels with dredges 28%
for shrimp 8%


By-catch is not allowed when capturing mussels with hand gear or gathering them manually.

If a by-catch of individuals of non-fishing size in a catch exceeds the established norms, the fishermen must release all the catch into the water and change the place of fishing by not less than:

trawls 2 miles: 
purse seines and ring nets, beach seines, gillnets, longlines, dredges 1 mile
lift nets and cast nets, pots, or change depth of fishing

not less than by 20 m (Decree No. 164 of 1998, par. 17 and 18)

0.5 miles


When carrying out directed fishing of any objects, the by-catch of other objects should be less than 50%.

Exceptions:

  • when fishing sprat and whiting with midwater trawls, the by-catch of picked dogfish is allowed to 200 kg per trawling, and when the amount of by-catch is greater, it should not exceed 50% of the total catch;
  • when fishing sprat and whiting with midwater trawls, the amount of acceptable anchovy by-catch is not regulated (in 2011, the by-catch of Azov anchovy was not regulated only when its fishing with purse seines was allowed, Decree No. 51 of 2011, par.15);
  • when fishing horse mackerel with lift nets, the amount of by-catch of picked dogfish is not regulated;
  • in 2011, the amount of by-catch of objects, for which the minimum size was not established, was not limited when carrying out directed fishing in the Black Sea (Decree No. 51 of 2011, par. 8).

It is allowed to exercise fishing, if by-catch of sturgeon with body-length less than 110 cm and stellate sturgeon with body-length less than 110 cm does not exceed (by-catch of sturgeons should be released):

  • when fishing with the fishing gears with size of half mesh 12 mm or more, except gillnets and trawls: 4 specimens per 100 kg of catch;
  • when fishing with the fishing gears with size of half mesh less than 12 mm, except gillnets and trawls: 2 specimens per 100 kg of catch;
  • when fishing with gillnets: 2 specimens per 100 kg of catch;
  • when fishing with trawls and longlines: 2 specimens per 1 ton of catch.

It is allowed to exercise fishing of sprat with midwater trawls having by-catch of turbot of fishing size (if a user has quota, by-catch of turbot can be left on the board): to 4 specimens per 1 ton of catch; by-catch of sturgeon with body-length 110 cm or more and stellate sturgeon with body-length 100 cm or more: to 2 specimens per 1 ton of catch (by-catch of sturgeons should be released).

The fishing with longlines is allowed having by-catch of sturgeon with body-length 110 cm or more and stellate sturgeon with body-length 100 cm or more: to 2 specimens per 1 ton of catch (by-catch of sturgeons should be released).

The state fish protection authorities should be informed of excess of allowed by-catch, and catch may be taken and the place of fishing should be changed not less than by (Decree No. 164 of 1998, par. 14, 15 and 18).

trawls 2 miles
purse seines and ring nets, beach seines, gillnets, longlines, dredges 1 mile
for cast nets, or change depth of fishing not less than by 20 m. 0.5 miles


The prohibition of fishing is established by the average amount of by-catch, determined after not less than (Decree No. 164 of 1998, par.15):

  • when fishing with trawls, purse seines, ring nets, cast nets, beach seines in the different areas of shore, dredges: after 5 hauls (trawlings);
  • when fishing with beach seines in the same place, gillnets, longlines, pound nets, stationary covered traps and fyke nets: as average of daily catches of not less than 4 gears in given area (if less than 4 gears are available, as average of their daily catches for not less than 4 hauls).

It is forbidden for fishermen to throw a catch or its part overboard, if these living aquatic resources are not prohibited for fishing (Decree No. 164 of 1998, par. 9.9.8).

Protected species

The list of endangered species of animals and plants is established within“The Red Data Book of Ukraine: Animal Kingdom” and “The Red Data Book of Ukraine: Vegetable Kingdom”(Law No. 3055-III of 2002). The capture of animals and plants included in these respective Red Data Books are forbidden in cases of commercial and recreational fishing, and their accidental by-catch should be returned to the natural environment. The following species are included in the Ukrainian Red Data Book:


Coelenterata
Olindias inexpectata
Moerisia maeotica
Crustacea
Hemimysis anomala
Hemimysis serrata
Lysmata seticaudata
Upogebia pusilla
Carcinus aestuarii
Pilumnus hirtellus
Eriphia verrucosa
Xantho poressa
Pachygrapsus marmoratus
Mollusca
Ostrea edulis
Fish
Acipenser nudiventris (currently not found)
Acipenser sturio (currently not found)
Acipenser gueldenstaedtii
Acipenser stellatus
Huso huso
Salmo labrax
Liza ramada
Lophius piscatorius
Zeus faber
Syngnathus variegatus
Syngnathus tenuirostris
Hippocampus guttulatus
Chelidonichthys lucernа
Dicentrarchus labrax
Serranus scriba
Sander volgensis
Percarina demidoffіі
Pagellus erythrinus
Boops boops
Sciaena umbra
Umbrina cirrosa
Diplodus puntazzo
Chromis chromis
Ctenolabrus rupestris
Symphodus rostratus
Labrus viridis
Tripterygіon tripteronotus
Lepadogaster lepadogaster
Lepadogaster candolii
Diplecogaster bimaculatus
Callionymus risso
Callionymus pussilus
Gobius paganellus
Gobius bucchichi
Benthophiloides brauneri
Arnoglossus kessleri
Mammals
Monachus monachus
Tursiopstruncatus
Phocoena phocoena
Delphinus delphis


The following species of algae are included in the Ukrainian Red Data Book:

Xanthophyta
Vaucheria litorea
Phaeophyta
Dictyota dichotoma
Ectocarpus siliculosus
Pylaiella littoralis
Cladostephus spongiosus
Cladostephus verticillatus
Punctaria latifolia
Punctaria tenuissima
Spermatochnus paradoxus
Stilophora tenella
Sphacelaria nana
Petalonia zosterifolia
Rhodophyta
Rhodochorton purpureum
Eupogodon apiculata
Helminthora divaricata
Chroodactylon ramosum
Chroodactylon wolleanum
Stylonema alsidii
Nemalion helminthoides
Phyllophora pseudoceranoides
Osmundea hybrida
Osmundea truncata
Polysiphonia spinulosa
Lophosiphonia reptabunda
Pterosiphonia pennata
Laurencia coronopus
Callithamnion granulatum
Chlorophyta
Bryopsis adriatica
Codium vermilara
Enteromorpha maeotica
Chaetomorpha zernovii
Cladophora vadorum
Cladophora dalmatica
Cladophoropsis membranacea


The ban on fishing of species included in the Ukrainian Red Data Book is permanent. Capture of all species of marine mammals in Ukrainian waters is prohibited.


Relevant GFCM Decisions on this subject

Fishing gear and methods

The following fishing gears are allowed to be used in the Black Sea (Decree No. 164 of 1998, par. 13 and 14)

midwater trawls
  • for sprat and whiting fishing
purse seines
  • for so-iuy mullet
  • European anchovy
  • horse mackerel
  • mackerel
  • bluefish
  • bonito
  • grey mullet fishing
ring nets
  • so-iuy mullet
  • European anchovy
  • horse mackerel
  • mackerel
  • bluefish
  • bonito
  • grey mullet fishing
pound nets
  • for undirected fishing
  • so-iuy mullet and grey mullet fishing
uncovered stationary traps with closing entrances
  • for so-iuy mullet
  • grey mullet fishing
stationary covered traps
  • for undirected fishing
fyke nets
  • for undirected fishing
  • for gobies fishing
beach seines
  • for undirected fishing for gobies
  • grey mullet
  • red mullet
  • Black Sea anchovy
  • Tyulka sprat
  • sandsmelt fishing
gillnets
  • for gobies
  • turbot
  • European flounder
  • picked dogfish and ray and stingray
  • so-iuy mullet
  • Black Sea shad fishing
lift nets
  • for horse mackerel fishing
cast nets
  • for horse mackerelhttp
  • so-iuy mullet fishing
pots<
  • for gobies fishing
hand beach seines and hand nets
  • for the capture of shrimps
  • amphipoda
longlines
  • for picked dogfish
  • ray
  • stingray fishing
different hand gears and manual harvesting
  • for the capture of Mediterranean mussel and veined rapa whelk
Khizhnyak’s dredges
  • for the capture of Mediterranean mussel and veined rapa whelk


In 2011, the fishing of grey mullet with encircling gillnets was allowed (Decree No. 51 of 2011, par. 18.3) and the capture of shrimps with fyke nets was allowed from Kinburn Spit to Perekopsk Bay (Decree No. 51 of 2011, par. 18.6). Use of other fishing gears is prohibited (NB: drift nets are not used, though legally their use in the Black Sea is not prohibited).
Size of half mesh (equal to the distance between two knots of netting) in the following fishing gears should be not less than (mm):

pound nets for undirected fishing 6 (in a pound), 10 (in a heart), 14 (in a lead line)
stationary covered traps for undirected fishing 10 (in a pound), 12 (in the net inset between a pound and a lead-line), and 14 (in a lead-line)
beach seines for undirected fishing 30 (in a bag), 36 (in the net inset between a bag and a wing), and 40 (in a wing)
midwater trawls for the fishing of sprat 6
midwater trawls for the fishing of whiting 12
purse seines and ring nets for the fishing of European anchovy and horse mackerel 6
purse seines and ring nets for the fishing of mackerel 12
purse seines and ring nets for the fishing of grey mullet 20
purse seines and ring nets for the fishing of so-iuy mullet, bluefish, bonito 30
pound nets and uncovered stationary traps with closing entrances for the fishing of grey mullet 20
pound nets and uncovered stationary traps with closing entrances for the fishing of so-iuy mullet 30 (in a pound) and 40 (in a heart and in a lead line)
beach seines for the fishing of grey mullet 20 (in a bag), 22 (in a wing and in the net inset between a bag and a wing)
fyke nets for the fishing of gobies 18
beach seines for the fishing of Black Sea anchovy, Tyulka sprat, sand smelt 6
beach seines for the fishing of red mullet 10
beach seines for the fishing of gobies 18 (in a bag), 20 (in the net inset between a bag and a wing) and 22 (in a wing)
gillnets for the fishing of turbot 180
gillnets for the fishing of European flounder 50 (and not more than 70)
gillnets for the fishing of picked dogfish 100 (and not more than 120 in 2011 (Decree No. 51 of 2011, par. 11)
gillnets for the fishing of ray and stingray in 2011 180 (Decree No. 51 of 2011, par.11)
gillnets for the fishing of gobies in 2011 22 (and not more than 28) the length of one net should not exceed 75 m (Decree No. 51 of 2011, par.16)
gillnets for the fishing of grey mullet 20
encircling gillnets for the fishing of grey mullet in 2011 24 (and not more than 40) (Decree No. 51 of 2011, par.16)
gillnets for the fishing of so-iuy mullet 45 (and not more than 70)
gillnets for the fishing of Black Sea shad 28 (and not more than 40 in 2011 (Decree No. 51 of 2011, par. 28)
lift nets 12
pots 18
cast nets for the fishing of horse mackerel 12
cast nets for the fishing of so-iuy mullet 30
fyke nets the capture of shrimps from Kinburn Spit to Perekopsk Bay in 2011 8 (Decree No. 51 of 2011, par. 18.6)
hand beach seines and hand nets for the capture of shrimps 6.


Regarding the sizes of hooks, a gap is 26 mm with permissible deviation ±2 mm. Minimum gap between the lattice rods in Khizhnyak’s dredge is 35 mm (Decree No. 164 of 1998, par. 19).

It is also prohibited to (Decree No. 164 of 1998, par. 16):

  • place set fishing gears in staggered order;
  • carry out trawling with a midwater trawl without net sounders, and with otter boards touching ground;
  • use the net inset between a bag and a wing (privod) with length more than a half of the length of respective wing in beach seines (the characteristic feature of a privod is that its size of half mesh is intermediate between size of half mesh in wings and size of half mesh in a bag);
  • use funnel-shaped entrances with rings in pound nets with size of half mesh less than 20 mm;
  • use double walled nets and trammel nets when executing directed fishing of Black Sea shad, turbot, picked dogfish, ray and stingray with gillnets.


In 2011:

  • when fishing turbot, ray and stingray with gillnets, the number of meshes in height should not exceed 8, weights should be attached directly to a ground-line, the length of gillnets should not exceed 100 m (Decree No. 51 of 2011, par. 12);
  • the height of gillnets for the fishing of European flounder in the water area of the Black Sea and Black Sea estuaries should not exceed 1.5 m, and the length should not exceed 75 m (Decree No. 51 of 2011, par. 21);
  • the number of fishing gear per 1 vessel or brigade in the Black Sea was set as follows for some types of fishing(Decree No. 51 of 2011):
    • when fishing turbot the minimal number of gillnets per brigade was: for vessels with engine capacity less than 55 kW: 20 units; for vessels with engine capacity more than 55 kW: 100 units (par. 13);
    • when fishing grey mullet with encircling nets the minimal number of encircling nets per brigade was 8 units (par. 18.3);
    • when capturing shrimps with fyke nets from Kinburn Spit to Perekopsk Bay the minimal number of fyke nets per brigade was 10units (par. 18.6);
    • when fishing so-iuy mullet westward the meridian 32°13' EL the minimal number of gillnets per brigade was 10 units (par. 20).


In addition, it is prohibited to product, sale, use and keep thrust fishing gear, electric fishing systems (electric fishing rods), explosives and monofilament gillnets (except those meant for commercial fishing) in the whole territory of Ukraine (Law No. 2894-III of 2001, Art. 52).


Requirements due to fishing vessels

Register

All Ukrainian marine vessels, including fishing, are subject to a state registration within "The State Ship Register of Ukraine" and "The Ship Book of Ukraine". The "State Ship Register of Ukraine" records:

  • self-propelled vessels with main engine capacity 55 kWt or more;
  • vessels with gross tonnage 80 or more.

Other vessels are registered in "The Ship Book of Ukraine" (The Merchant Shipping Code of Ukraine No. 176/95-ВР of 1995, Art. 25 & 26). Foreign vessels are not obliged to be registered.

In order to undertake fishing activities, users should give a ticket of standard pattern to a vessel crew or a fishing brigade. This ticket is subject to compulsory registration to the fish protection authorities before the beginning of the fishing. The ticket provides information on the individuals in charge of fishing, surnames of fishermen, area of fishing, fishing vessel used, fishing gears and their number, numbers of tags for fishing gears (for the identification of the fishing gear owners), quotas distrubuted to the user (Joint decree No. 623/404 of 2005, par. 4 and 6). All vessels used for fishing should be registered in accordance with the established procedure and should have a registration number on the board (Decree No. 164 of 1998, par. 6.1.9).

Relevant GFCM Decisions on this subject

Reporting obligation

When carrying out fishing in waters under Ukrainian jurisdiction, a “ Logbook for Accounting of Accepted Fish and Other Living Aquatic Resources” should be kept by each ship or brigade of fishermen. The following information is to be recorded: date and area of fishing, names of fishing gears, their characteristics and number, specific and quantitative composition of a catch, date of delivery of the catch to fish reception point and a number of a respective receipt. The logbook is sent to the fish protection authorities for a check after completion of a work and kept at a fish reception point.

Users are obliged to submit a report every month on the amount of the capture of the living aquatic resources to the fish protection authorities. They have to submit the report every day in case of fishing of any object is carried out within the overall limit (without the provision of individual quotas) every day (Joint decree No. 623/404 of 2005, par. 4, 6 and 7).

In 2011, the reporting procedure in case of use of any fishing objects within the overall limit changed: the users submit to the fish protection authorities the information on their capture of living aquatic resources in case of realization of the limit by 70% - every week and by 80% - every day; and after the realization of the limit by 95%, fishing is paused (Decree No. 51 of 2011, par. 7).


Relevant GFCM Decisions on this subject

Marking

Fishing gears should have name plates of a standard pattern, in order to identify the owner (Decree No. 164 of 1998, par. 6.1.8).

Landing of catch

Relevant GFCM Decisions on this subject

Observers

The legislation of Ukraine does not provide the necessity of observers in case of carrying out commercial fishing by nationals in the water under Ukrainian jurisdiction. Their presence on board a vessel is only necessary in case of carrying out commercial fishing by foreign users in the exclusive economic zone (Decree No. 1490 of 1999, par. 8).


Vessel Monitoring System

A system of remote control over the vessel location, providing the presence of technical remote monitoring means on all vessels with length more than 15 m has been created (Decree No. 963 of 2004).It applies to fishing vessels flying the flag of Ukraine and carrying out fishing in the internal waters, the territorial waters, the exclusive economic zone, in waters beyond jurisdiction, and vessels flying the flag of other countries and carrying out fishing in the exclusive economic zone.

The information on identification and location of vessels is transmitted to the Monitoring Centre under the central executive body in the fisheries sphere in automatic mode without fishing vessel’s staff intervention (Decree No. 407 of 2004). As technical monitoring means, the device of international satellite communication system INMARSAT is used; it is installed in a vessel and through the space segment provides the identification of geographical coordinates, course, speed of the vessel, carries out an automatic transmission of this information (Decree No. 466 of 2003).


Relevant GFCM Decisions on this subject

Sanctions

Inspections
Currently the central executive body in the sphere of fishing in Ukraineis the State Agency of Fisheries of Ukraine. The implementation of the state control over navigation safety of fisheries fleet is exercised by the State Inspection on Navigation Safety of Fisheries Fleet subordinated to the central executive bodies in regional districts. The fish protection authorities, which are also subordinated to the central executive bodies in regional districts, carry out inspections in ports, at sea and ashore with the purpose of state control over the observance of the legislation on the protection, use and reproduction of the living aquatic resources (Law No. 3677-VI of 2011, Art. 10).

The following institutions attributed to the fish protection authorities exercise the control within the limits of the Black Sea:

  • Eastern Black Sea State Basin Directorate of Conservation, Exploitation and Reproduction of Aquatic Living Resources and Fisheries Regulation (Sevastopol city);
  • Western Black Sea State Basin Directorate of Conservation, Exploitation and Reproduction of Aquatic Living Resources and Fisheries Regulation (Odessa city).

During inspections, officials are authorized to seize transport means (including floating), equipment and items that have been instruments of the offense, and illegally captured catches in accordance with the established procedure (Ukrainian Law “On Animal World”, No. 2894-III of 2001, Art. 60). The seized items and production are kept in a certain place until consideration of a case in the court. The decision on a confiscation is made by court.

Administrative
The license required for the exercise of economic activity related to the fisheries (along with other similar licenses) may be revoked in case of (Law No. 1775-III of 2000, Art. 21):

  • recurring violation of the licensing conditions by a licensee;
  • ascertainment of the fact that a license or its copy was transferred to other individual or legal person for the exercise of economic activity;
  • non-fulfillment of the order to eliminate the violation of the licensing conditions;
  • inability of a licensee to ensure fulfillment of licensing conditions, established for the certain type of economic activity.

The permit on the use of the living aquatic resources may be revoked in case of (Law No. 3677-VI of 2011, Art. 24):

  • systematic gross (three or more) violations of the legislation on protection, use and reproduction of the living aquatic resources during the previous year;
  • ascertainment of the fact that the inadequate information was given in an application and the documents attached to it.

The permit for special use of living aquatic resources outside the jurisdiction of Ukraine may be revoked for the offences committed in the high-sea by Ukrainian fishing vessels in case of (Law No. 3677-VI of 2011, Art. 24):

  • violation of fishing rules and regimes by a fishing vessel;
  • violation of the requirements of the legislation on protection, use and reproduction of living aquatic resources, international treaties by a fishing vessel;
  • entering of a fishing vessel to the list of the vessels engaged in illegal fishing;
  • deliberate fishing of species subject to a moratorium or a general prohibition by respective international treaties and international competent bodies;
  • the use of prohibited fishing gears by a fishing vessel;
  • deliberate damage to the ship equipment, which makes impossible to exercise remote monitoring over the fishing vessel;
  • falsification or concealment of identification signs, a name or a port of registration of a fishing vessel.

Penal
A fine is usually imposed in case of infringement of the fisheries laws and regulations (Code of Ukraine on Administrative Offences; Criminal Code), such as:

  • pollution and littering of water pollution and littering of the internal marine and territorial waters of Ukraine as the result of discharges from the vessels, committed without the permission
  • production or sale of illegal gear for capturing the objects of flora and fauna, as well as the sale of illegally catches
  • illegal carrying out of marine scientific researches within the exclusive economic zone of Ukraine
  • violation of requirements on habitat protection and migration ways
  • deterioration of habitats listed in the Red Data Book of Ukraine or otherwise protected under international treaties

Confiscation of gear may be also pronounced in addition. Imprisonment may also be imposed in certain cases (ex. illegal fishing, use of explosives, toxic substances, electrical current or other means of mass destruction, etc.).

Relevant GFCM Decisions on this subject
REC. GFCM/33/2009/8 on the establishment of a list of vessels presumed to have carried out IUU fishing in the GFCM area


Principal Legal Measures on Monitoring, Control and Surveillance

Logbook
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Landing of catch
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Illegal, Unreported, and Unregulated fishing (IUU)
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Source FAOLEX

AQUACULTURE


This section will be updated in due course.



Main aquaculture laws and regulations


Main legislations
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Source FAOLEX


Relevant GFCM Decisions on this subject


Source:
FAOLEX: http://faolex.fao.org/fishery/index.htm

Official Gazette: http://iportal.rada.gov.ua/; LaMed Q