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Analysis of fisheries legal framework

According to the Uzbek Scientific and Research Center at fisheries development, special laws about fisheries in Uzbekistan have not been adopted. Nowadays, governance and control for fisheries development is regulated by the following important laws and regulations:

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  Fisheries governance is regulated by “Law on Joint-Stock Companies and protection of shareholder’s rights”, “Law Concerning Limited Liability Companies”, “Law about Farm Enterprises”;
  
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  Fisheries management is directly regulated by “Internal Revenue Code”, “Land Code”, “Nature Conservation Law”, and “Water Law”;
  
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  Regulations of the Cabinet of Ministers: Regulation № 350 08/13/2003 “Measures on enhancing of demonopolization and privatization in the fish industry”, Regulation № 289 06/07/2001 “About fisheries system development”.
  

Among the documents provided above, Regulation № 350 08/13/2003 “Measures on enhancing of demonopolization and privatization in the fish industry” is one of the principal documents defining the current state of affairs in the fish industry (Shohimardonov 2008). Let’s analyze the main points of this regulation and main implications related to it.

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Shohimardonov (2009) in his presentation “Overview of fisheries development in Uzbekistan” showed on the FAO and Regional Eurofish Workshop in Bulgaria highlighted that Regulation № 350 08/13/2003 “Measures on enhancing of demonopolization and privatization in the fish industry” was accepted in order to reinforce the privatization process and develop the private property in the fish sector as well as to implement the market principles and mechanisms for the organization of fishing enterprises, catch regulations and marketing of the fish production. This regulation outlines that natural fish reservoirs such as Aydar-Arnasay lakes are rented on a competition basis by fish farms for ten years at least. Fish farms in these lakes settled a lease agreement can carry out fish capture in these reservoirs without quota basis, but relying on the available biological resources, maintenance of fish yielding capacity and reproduction of fish resources at appropriate level (Shohimardonov 2009).
Also this regulation specifies that money received from the rent of natural fish reservoirs is directed, as follows: 60% - to the local budget, including measures focused on fisheries development; 25% - to the Fish Development Fund under the Uzbek Scientific and
Research Center at fisheries development; and 15% - to the Uzbekistan National Committee for nature protection (Karimov 2008).
It has been assumed that the respective regulation could improve the situation in the fish industry, give an opportunity for small and medium-sized businesses to implement rational use of fish resources. After several years of adoption of addressed regulation some omissions related to absence of action plan for fisheries improvement at the appropriate level and lack of measures at maintenance of fish reproduction and rational use of fish resources have been identified (Kurbanov 2008).
Considering the major contemporary failings and omissions in the fish industry the following should be pointed out:

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  There is no any agency which could coordinate work between farms dealing with extraction of fish resources from the natural reservoirs and farms involved in the process of fish stock growing, reproduction and implementation of measures concerning replenishment of fish stock, i.e. stock of pike, catfish, bream, and asp whose supply are actually eliminated in Uzbekistan;
  
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  Absence of material and technical resources for the fishing farms and factories in Uzbekistan, including Aydar-Arnasay lakes;
  
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  The regulation № 350 08/13/2003 “Measures on enhancing of demonopolization and privatization in the fish industry” adopted by Uzbekistan’s Cabinet Council does not envisage provision of information for the State Environment Committee about species variety and amount of fish captured by farmers from the natural reservoirs. Not having information about extraction of bioresources from the natural water bodies and materials about measures in the context of conservation and bioresources reproduction on the rented reservoir plots, the The State Environment Committee has no opportunity to introduce the timely measures aimed at preventing depletion of fish resources in the natural reservoirs;
  
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  Existing statistical accounting documentation is inadequate. Approved statistical documentation does not make available information about species variety and amount of produced fish. This fact complicates the work of the State Environment Committee in the field of appropriate control of business enterprises dealing with fisheries in the natural reservoirs;
  
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  Despite the fact that according to the regulation № 350 08/13/2003 “Measures on enhancing of demonopolization and privatization in the fish industry”, 60% of financial resources received from rental payments are transferred to local budget and 25% to the Fish Development Fund, the Uzbek Scientific and Research Center at fisheries development does not provide any elaborated measures at increase of fish resources in the natural reservoirs, i.e. such species as carp, pikeperch, asp, and catfish;
  
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  Farmers dealing with commercial fishery in the natural reservoirs do not comply with the treaty commitments concerning conservation, reproduction and rational use of fish resources and also a set of other requirements explicated in the regulation № 350 08/13/2003 “Measures on enhancing of demonopolization and privatization in the fish industry”;
  
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  Concealment of commercially produced fish from its registration in the final documentation; this fact results in depletion of fish resources in the natural reservoirs (Shohimardonov 2008).
  

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