Article 10. Commercial lake and (or) cage farming activities of the Law on Aquaculture of the Republic of Kazakhstan

Home / RLA / Article 10. Commercial lake and (or) cage farming activities of the Law on Aquaculture of the Republic of Kazakhstan

1. Commercial lake and (or) cage farming activities are carried out in the presence of a fixed fishing reservoir and (or) site, a biological justification and a development plan for the aquaculture entity.

2. Fishery reservoirs and (or) land plots are fixed by the decision of the authorized body based on the results of the competition in accordance with the rules and qualification requirements for the participants of the competition, approved by the authorized body, unless otherwise provided by this Law.

The consolidation of a fishery reservoir and (or) site is the granting of the right to conduct lake-commercial and (or) cage economic activities on the reservoir and (or) its part, attributed to the fishery reservoir and (or) site, without the right to use the entire reservoir.

To participate in the competition, the participant pays a guarantee fee in the amount, procedure and terms established by the rules approved by the authorized body.

3. The authorized body forms a list of reserve fisheries reservoirs and (or) sites put up for tender.

IZPI's note!

The second part of paragraph 3 has been suspended until 01.01.2027 by this Law of the Republic of Kazakhstan and during the suspension period this paragraph is valid as amended by paragraph 4 of Article 23.

The list of reserve fisheries reservoirs and (or) sites put up for tender for conducting commercial lake and (or) cage farming activities is publicly available through the aquaculture information system, Internet resources of the authorized body and local executive bodies of regions, cities of republican significance and the capital after coordination with the basin water Inspectorate for protection and regulation of the use of water resources in accordance with the procedure and terms determined by the authorized body.

4. Based on the results of the competition, the authorized body concludes a contract with the winner of the competition for the implementation of lake-commodity and (or) garden economic activities in accordance with the standard form approved by the authorized body.

An aquaculture entity, after concluding a contract for the implementation of lake-commercial and (or) cage economic activities, is obliged, within one calendar year from the date of its conclusion, to ensure the development of a biological justification and coordination with the authorized body in accordance with the rules approved by the authorized body.

The aquaculture entity, within one month from the date of approval of the biological justification, in agreement with the authorized body, approves the development plan of the aquaculture entity in accordance with the standard form approved by the authorized body.

5. Fishery reservoirs and (or) plots of local significance located entirely on land plots privately owned and (or) in temporary land use by individuals and (or) non-governmental legal entities included in the list of reserve fisheries reservoirs and (or) plots put up for tender, are assigned to them without holding a tender. according to their application by the decision of the authorized body in accordance with the rules and qualification requirements for the participants of the competition, approved by the authorized body.

Fisheries reservoirs and (or) plots of local significance located on land plots privately owned and (or) in temporary land use by two or more individuals and (or) non-governmental legal entities included in the list of reserve fisheries reservoirs and (or) plots put up for tender are assigned to one of them. without holding a tender on his application by the decision of the authorized body in accordance with the rules and qualification requirements for the participants of the tender, approved by the authorized body., and subject to a written waiver by other owners and (or) land users of the right to carry out commercial lake and (or) garden economic activities.

6. The term for securing fishery reservoirs and (or) plots for carrying out commercial lake and (or) cage economic activities is from ten to forty-nine years, which is determined on the basis of certification of reservoirs and (or) plots.

7. An aquaculture entity has the right to conclude a new agreement no later than three months and no earlier than three years before the expiration of the contract for the implementation of lake-commodity and (or) cage economic activities. The authorized body shall conclude a new contract with the aquaculture entity for the implementation of lake-commodity and (or) cage economic activities, subject to proper fulfillment of the concluded contract and compliance with the qualification requirements for the participants of the competition. At the same time, a new contract for the implementation of lake-commodity and (or) cage economic activities is concluded for a period not exceeding the period of the previously concluded contract or the period specified in the passport of the fishery reservoir and (or) site.

When submitting an application for a new contract, an aquaculture entity must have an agreed biological justification and, within one month from the date of conclusion of a new contract for the implementation of lake-commercial and (or) cage economic activities, in coordination with the authorized body, approve the development plan of the aquaculture entity in accordance with the standard form approved by the authorized body.

8. The contract for the implementation of lake-commodity and (or) garden economic activities may be terminated prematurely in the following cases::

1) voluntary written refusal to conduct aquaculture;

2) termination of the activity of the aquaculture entity;

3) violations of the terms of the agreement and (or) the requirements of the legislation of the Republic of Kazakhstan in the field of aquaculture three or more times within two calendar years;

4) non-fulfillment of obligations stipulated in parts two and three of paragraph 4 of this Article;

5) compulsory alienation of a land plot for state needs.

9. In the cases specified in subitems 3) and 4) of paragraph 8 of this Article, or failure to fulfill the obligations provided for in part two of paragraph 5 of Article 11 of this Law, aquaculture entities shall be entered into the register of unscrupulous aquaculture entities engaged in commercial lake and (or) cage economic activities (hereinafter referred to as the register of unscrupulous aquaculture entities).

IZPI's note!

The second part of paragraph 9 has been suspended until 01.01.2027 by this Law of the Republic of Kazakhstan and during the suspension period this paragraph is valid as amended by paragraph 4 of Article 23.

The register of unscrupulous aquaculture entities is formed in the aquaculture information system by the authorized body on the basis of court decisions that have entered into legal force.

Persons included in the register of unscrupulous aquaculture entities, as well as legal entities whose managers and founders are associated with the management, establishment, and participation in the authorized capital of legal entities listed in the register of unscrupulous aquaculture entities, are not entitled to apply for the consolidation of fisheries reservoirs and (or) sites for lake trading and (or) cage farming activities for five years from the date of inclusion in the register of unscrupulous aquaculture entities.

The Law of the Republic of Kazakhstan dated June 12, 2025 No. 193-VIII the law of the RK.

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