Article 14. Rights and obligations of subjects of aquaculture of the Law on Aquaculture of the Republic of Kazakhstan
1. Subjects of aquaculture have the right to:
1) ownership of buildings, structures and other structures, structures for aquaculture, fish ponds, fish pools and cultivated aquaculture facilities, including products obtained from them;
2) receive land plots for the needs of aquaculture in accordance with the procedure and on the terms established by the laws of the Republic of Kazakhstan;
3) for the construction and operation of fish-breeding facilities, fish ponds in the water protection zone, the placement of fish-breeding pools, including the laying of engineering communications to them, ensuring compliance with the requirements established by the legislation of the Republic of Kazakhstan;
4) require the owners of land plots and (or) land users to provide an easement for the implementation of lake-commercial and (or) garden economic activities in designated fisheries reservoirs and (or) plots in accordance with the Land Code of the Republic of Kazakhstan;
5) for special water use, including drilling of wells (wells), in accordance with the water legislation of the Republic of Kazakhstan;
6) to receive state incentives for aquaculture provided in accordance with this Law and other laws of the Republic of Kazakhstan;
7) receive and use information from the aquaculture information system, with the exception of information constituting a commercial secret, as well as information containing state secrets and other secrets protected by the laws of the Republic of Kazakhstan;
8) free access to the aquaculture information system;
9) for the construction and operation of buildings, structures and other structures, structures for aquaculture, fish ponds, placement of fish pools in accordance with the legislation of the Republic of Kazakhstan.
2. Aquaculture entities engaged in commercial lake and (or) cage farming activities, in addition to the rights provided for in paragraph 1 of this Article, have the right to submit proposals to the authorized body on amendments to the agreement and development plan of the aquaculture entity in accordance with the legislation of the Republic of Kazakhstan in the field of aquaculture.
3. Subjects of aquaculture engaged in cage farming, in addition to the rights provided for in paragraphs 1 and 2 of this Article, have the right to block with cables and buoys the installation sites of special devices (cages) that do not interfere with the safety of navigation and the movement of other swimming means, as well as not allowing restrictions on the use of public water bodies.
4. Subjects of aquaculture engaged in commercial lake farming, in addition to the rights provided for in paragraphs 1 and 2 of this Article, have the right to install special devices (cages) for growing fish in accordance with biological justification in designated fisheries reservoirs and (or) sites.
5. Aquaculture entities engaged in commercial lake and (or) pond farming activities, in addition to the rights provided for in paragraphs 1, 2 and 4 of this Article, have the right to organize amateur (sport) fishing.
6. The subjects of aquaculture are obliged to:
1) carry out activities related to the breeding and (or) maintenance, cultivation of aquaculture facilities provided for by biological justification;
2) ensure that aquaculture is conducted in ways and methods that do not harm aquatic biological resources and their environment;
3) ensure the development of a biological justification in accordance with the rules approved by the authorized body;
4) submit administrative data to the authorized body in accordance with the forms approved in coordination with the authorized body in the field of state statistics intended for the collection of administrative data in the field of aquaculture;
5) provide information on the fulfillment of counter obligations in accordance with the rules approved by the authorized body;
6) to prevent the introduction of alien or genetically modified species of aquaculture objects in water bodies;
7) comply with veterinary (veterinary and sanitary) requirements, as well as rules and requirements in the field of sanitary and epidemiological welfare of the population;
8) register in the aquaculture information system in accordance with the procedure determined by the authorized body;
9) send a notification on the beginning or termination of activities for artificial breeding of animals, the species of which are included in Annexes I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, in accordance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;
10) comply with the requirements of the environmental legislation of the Republic of Kazakhstan, as well as promote environmental protection measures.
7. Aquaculture entities engaged in pond, reproductive and (or) industrial economic activities, in addition to the duties provided for in paragraph 6 of this Article, are required to install fish protection devices when taking water from surface water bodies.
8. Subjects of aquaculture engaged in lake-commodity economic activities, in addition to the duties provided for in paragraph 6 of this Article, are obliged to:
1) to prevent restrictions on the use of public surface water bodies in accordance with the water legislation of the Republic of Kazakhstan;
IZPI's note!
Subparagraph 2) of paragraph 8 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.
2) execute the contract for the implementation of lake-commercial and (or) cage economic activities and the development plan of the aquaculture entity, as well as provide information on the fulfillment of the terms of the contract and the development plan of the aquaculture entity through the aquaculture information system in accordance with the rules approved by the authorized body;
3) to prevent the transfer and (or) assignment of rights and obligations to third parties under a contract for the implementation of lake-commodity and (or) garden economic activities, except in cases of reorganization of a legal entity in the form of merger, acquisition or transformation and (or) transfer of such rights and obligations to a third party in the order of universal succession by inheritance;
4) ensure the protection of fishery reservoirs and (or) sites in order to prevent illegal fishing of aquaculture facilities;
5) grant the right to the territorial subdivision of the department of the authorized body to carry out control fishing in accordance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;
6) to establish full houses in accordance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;
7) maintain the shores of fishery reservoirs and (or) sites in their places of use in accordance with the requirements established by the water and environmental legislation of the Republic of Kazakhstan, regulatory legal acts in the field of sanitary and epidemiological welfare of the population and other legislation of the Republic of Kazakhstan;
8) carry out the dismantling and removal of erected buildings, structures and other structures for aquaculture within a reasonable time in the event of early termination or expiration of the contract for the implementation of lake-commodity and (or) cage economic activities;
9) to carry out harvesting in a fixed fishery reservoir in accordance with the development plan of the aquaculture entity;
10) to carry out fisheries reclamation on a fixed fishery reservoir in accordance with the water legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;
11) to carry out, on the basis of biological justification, a complete and (or) partial replacement of the ichthyofauna of a fishery reservoir in accordance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife.
The requirements specified in the sub-paragraphs 1), 2), 3), 4), 5), 6), 7) and 8) of the first part of this paragraph are also mandatory for the implementation of aquaculture entities engaged in cage farming activities.
9. Subjects of aquaculture shall exercise other rights and obligations in accordance with the legislation of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated June 12, 2025 No. 193-VIII the law of the RK.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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