Sivakov D. O. Model of Responsible Fishery and the National Legislation

Abstract: The author reveals the process of formation of legal model of responsible fishery, which has following features. Firstly, it is a highest possible conservation of water biological resources, key habitats. Secondly, an orientation towards ensuring food safety of the state, flag of which fisherman carries out. Thirdly, participation in the regulatory processes for responsible fishery by different "public entities", including subjects of the Russian Federation and local authorities. As a fourth characteristic it can be shown the most problematic of them – compensational nature of payments. Money from the fishery should be redistributed as possible to the protection of aquatic biological resources and their habitats. The paper examines the sources of international soft law, legislation of United States, Canada, Australia, Norway and some other countries. Said signs of responsible fishing are formulated by the author independently and are the new ones. Unfortunately, we cannot surely state that all features of responsible fishery are presented properly in law and law-enforcement practice of our country. Russian legislator and the doctrinal documents of Russia prefer to remain silent about responsible fishery. However, indirectly dynamic Russian legislation and doctrinal documents in the field of fisheries predispose this sector of the economy to move to a model of responsible fisheries.

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