Article 11. A special procedure for securing areas of fisheries reservoirs of international and (or) republican significance for the implementation of cage economic activities of the Law on Aquaculture of the Republic of Kazakhstan

     1. Plots of fishery reservoirs of international and (or) republican significance for carrying out cage farming activities are assigned by a decision of the authorized body in accordance with the rules approved by the authorized body to legal entities of the Republic of Kazakhstan without holding a tender, provided that the legal entity of the Republic of Kazakhstan meets the requirements and accepts the obligations established by this Law.

     Areas of fisheries reservoirs of international and (or) national importance for the implementation of cage farming activities are fixed in order to implement projects for:

     1) the creation of new production facilities and providing for investments in the construction of production facilities, including the commissioning of processing facilities, in the amount of at least fifty thousand times the monthly calculation index established by the law on the republican budget and effective on January 1 of the relevant financial year;

     2) expansion of existing production facilities, including reconstruction and modernization of production and processing facilities, and providing for investments in the amount of at least three thousand times the monthly calculation index established by the law on the republican budget and effective on January 1 of the relevant financial year.

     2. The authorized body forms a list of sites of fishery reservoirs of international and (or) republican significance for carrying out cage economic activities for the implementation of the project.

     IZPI's note!

     The effect of the second part of paragraph 2 is 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 sites of fishery reservoirs of international and (or) republican significance for carrying out cage economic activities for the project 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 authorized body in the field of protection and use of the water fund and local executive bodies relevant areas in accordance with the procedure and deadlines determined by the authorized body.

     3. If there are sections of fisheries reservoirs of international and (or) national significance specified in the first part of paragraph 2 of this Article, legal entities of the Republic of Kazakhstan shall send an application and documents to the authorized body in accordance with the rules approved by the authorized body.

     4. Legal entities of the Republic of Kazakhstan, when submitting an application for securing sections of fisheries reservoirs of international and (or) national significance for carrying out cage economic activities for the implementation of the project, must meet the following requirements:

     1) availability of a business plan and a work program for the project;

     2) the availability of funds in the amount not less than the amount specified in the second part of paragraph 1 of this Article, or the funds specified in the business plan of the project, in a second-tier bank and (or) organizations engaged in certain types of banking operations;

     3) absence of tax arrears and arrears on social payments;

     4) the absence of unfulfilled contractual obligations (for persons who were previously assigned fishing ponds and (or) land plots).

     5. The authorized body concludes a contract with a legal entity of the Republic of Kazakhstan for the implementation of cage farming activities in areas of fisheries reservoirs of international and (or) national significance for the implementation of the project in accordance with a standard form approved by the authorized body.

     Legal entities of the Republic of Kazakhstan, after concluding a contract for the implementation of cage farming activities in areas of fisheries reservoirs of international and (or) national significance for the implementation of the project, are required to comply with the requirements specified in parts two and three of paragraph 4 of Article 10 of this Law.

     6. When securing areas of fisheries reservoirs of international and (or) republican significance for the implementation of cage farming activities, legal entities of the Republic of Kazakhstan are subject to the following obligations:

     1) compliance with the volume of fish cultivation in accordance with the development plan of the aquaculture entity;

     2) compliance with the business plan and work program of the project;

     3) construction of new production facilities, including the commissioning of processing facilities or the expansion of existing production facilities, including the reconstruction and modernization of production and processing facilities;

     IZPI's note!

     Subparagraph 4) of paragraph 6 has been suspended until 01.01.2026 by this Law of the Republic of Kazakhstan and during the suspension period this paragraph is valid as amended by paragraph 3 of Article 23.

     4) payment for the use of natural resources provided for by the tax legislation of the Republic of Kazakhstan.

     The obligations specified in subitems 1), 2) and 3) of part one of this paragraph are mandatory terms of the contract for the implementation of cage farming activities in areas of fisheries reservoirs of international and (or) national significance for the implementation of the project.

     7. One of the following cases is the basis for refusal to secure areas of fisheries reservoirs of international and (or) national importance for carrying out cage farming activities:

     1) the cost of the project is less than the amount established by the second part of paragraph 1 of this Article;

     2) non-compliance of a legal entity of the Republic of Kazakhstan with the requirements established by paragraph 4 of this Article;

     3) non-compliance of the business plan and the work program of the project with the rules approved by the authorized body;

     4) establishing the unreliability of documents submitted by a legal entity of the Republic of Kazakhstan and (or) the data (information) contained therein.

     8. The contract for carrying out cage farming activities in areas of fisheries reservoirs of international and (or) national significance for the implementation of the project may be terminated prematurely in the cases specified in paragraph 8 of Article 10 of this Law and in case of non-fulfillment of obligations specified in the first part of paragraph 6 of this Article. 

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

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Republic of Kazakhstan     

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