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Events and facts April 15, 2008

PAFE addressed the RF President with a request to stop arbitrary rule of control agencies at the fishery

The conflict between the control agencies and fishermen that happened while the Okhotsk Sea Pollock inspection because of discrepancies in the Fishery Rules has not been exhausted yet. PAFE sent an appeal addressed to the RF President for the purpose to settle the situation; at the same time masters of the ships under arrest when fishing in the Okhotsk Sea for presumable Pollock fishing are sending cables to the Kremlin requiring to stop the arbitrary rule of clerks who by their actions impair the state and the fishermen.

According to Georgiy Martynov Primorye Association of Fishing Enterprises President, such agreement of opinion between fishermen and the civic organization is nonrandom: People working in the sea are tired of infinite and ungrounded checks of frontier guards. Fishing is a hard work, one of the very dangerous professions in the world, and the fishery community to make the business legal and maximally transparent understanding that this affects the future success of fishery. I think that this endeavour has only to be supported. But if frontier guards are ruthlessly turn fishermens initiative against them, this could and should be struggled. Radiograms addressed to the President and Chairman of the RF Government have been sent from more than ten vessels registered in Primorye. Among them are the ships of Vostoktransservis CJSC, Ogni Vostoka Co. Ltd., Dalmoreprodukt Holding Company and others.

If the Fishery Rules do not contain methods for determination of a Pollock roe daily yield, then why the North-East Frontier Department of Russian Security Service decides how inspectors shall determine the roe yield and what shall be the base to calculate the daily yield indices? It is necessary to withstand the arbitrary rule at the fishery, and we will obtain release of Primorye ships and admission of their innocence by all means, says Georgiy Martynov.

Fishermen from Primorsky Region are worried about the situation in the Okhotsk Sea Pollock expedition. The reason is the arbitrary interpretation by officials of the State Marine Inspection of Russia Federal Security Service North-East Frontier Department of Cl. 11.13 of Fishery Rules for the

Far East

Basin,without the systematic relationship with the provisions of Clauses 2 and 3 of Article 43.1 of the Federal law On fishery and maintaining of water bio-resources. Replacing the notion of processed product frozen Pollock roe with the notion of crude frozen Pollock roe, inspectors by using statistical coefficients file suits of administrative violations, take out ships from fisheries and arrest them.

Beginning from March 15, 2008 operation of 30 fishing vessels was stopped, of which 14 ships are registered in Primorsky region ports. A part of them was convoyed to the port of PetropavlovskKamchatsky for further investigation. Explanations of research institutions on this matter are disregarded.

It comes to absurdity: over-normative Pollock roe daily yield is counted to point thousand per cent,which in absolute figures is sometimes 100 grams or less. They disregard that a ship accepts up to 70 tons of Pollock for one trawling, but fishermen do not and cannot know the quantity ratio of male and female species in one catch exactly. It should be noted that all arrested ships were fishing strictly within the obtained commercial quotas for Pollock,did not exceed the average roe yield set by the Rules: 4.5% for the entire fishing period, were repeatedly checked by the specialists. Damage of fishing companies because of Primorye ships arrest made up approximately 1 billion rubles, and the government lost more than 200 million rubles in revenues.

So, using inconsistency and ambiguity of the text of Article 11.13 of Fishery Rules for the Far East Basin, the control bodies attributed this legal proposition their own arbitrary and biased interpretation to support implementation of unreasonably cruel, actually ruining, repression actions against fishing companies.

In order to avoid more damage to the government and the fishing companies, please instruct the RF FSS Federal Frontier Service to examine the situation and decide the issue of releasing the ships without delay to enable them to complete the fishing trip.

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