Ukraine remains dependent on imports in the fish market. Lawmakers want to remedy this by creating incentives for the development of the fish market in draft law No. 12384. However, the document, which is still being finalized, has sparked outrage among activists and raised concerns among parliamentary lawyers.
EcoPolitic explains the reasons for concern.
The goal of the law is economic
Currently, 80% of the fish consumed by Ukrainians comes from abroad. At the same time, lawmakers are confident that the country has sufficient geographical and water resources to scale up its own fishing industry. Therefore, in draft law No. 12384 "On stimulating the economic development of the fishing industry," they primarily want to increase the attractiveness of investments in the fishing industry, citing the potential profitability of this industry and its potential to become an export industry.
The law defines the legal and organizational basis for attracting investment. To this end, they plan to develop the fishing industry not only within fishery water bodies, but also in inland waters and territorial seas.
What incentives for investors does the law offer?
It will not be necessary to allocate a land parcel from the water fund beneath a water body where an entity intends to breed fish. This provision is established in part 1, article 14 of the Law “On Aquaculture.”
"Investors will operate within defined coordinates in the water area of part of a fishery water body, without a land plot beneath such a water body," – states the explanatory note.
The draft law will make it possible to use coastal land plots without changing their designated purpose. On such plots, up to 0.1 ha, it will be allowed to place temporary structures and necessary equipment.
The operation of water bodies for fisheries purposes is regulated as investment projects. That is, payments, accounting, and the requirement to obtain permits are introduced.
Risks and criticism
The Main Legal Department of the Verkhovna Rada has a number of systemic concerns and calls for further revision of the draft law. In particular, the document contains contradictory provisions and erroneous legislative references. Instead of "investment incentives," the draft law may disrupt the coherence of fisheries legislation, cause excessive regulation of the sector, and create risks of violating, among other things, the constitutional principle of equality of all business entities before the law.
"A number of provisions in the draft law do not comply with the Constitution of Ukraine, are not consistent with the laws of Ukraine, and do not take into account the legal position of the Constitutional Court of Ukraine," the legal department emphasized.
Incentives for "fishery" investors, at the same time, could threaten the quality of drinking water for Ukrainians. The Ukrainian Nature Conservation Group (UNCG) is convinced of this. Among the risks highlighted by environmental activists:
- a threat to the preservation of water bodies used for drinking purposes;
- potential harm to water bodies located within the boundaries of protected natural areas;
- permission for the placement of temporary structures and equipment within coastal protective strips;
- the likely loss of citizens’ rights to unimpeded access to water bodies for public use;
- granting privileges to fisheries investors, including exemption from participating in auctions and from paying rent for the use of water bodies;
- creating grounds for conflicts between state authorities and local self-government bodies regarding the exercise of powers over the management of water bodies.
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- National Academy of Sciences of Ukraine has also expressed its position:
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“The draft law needs revision and cannot be recommended for approval-mainly due to the lack of mechanisms for the conservation of indigenous fish, as well as restrictions on the powers of other scientific institutions in the country to develop biological justifications for fishery water bodies.”
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- It should be added that the draft law provides for the development of a scientific and biological rationale for each investment-attracting object. This responsibility rests exclusively with a scientific institution
“that is subordinate to the central executive authority responsible for implementing state policy in the field of fisheries.”
EcoPolitic previously reported on the conflict surrounding a Cabinet of Ministers resolution that may introduce a controversial “experiment.” For two years, it will grant an agency the right to set catch limits and issue permits, with the agency’s primary interest lying in procurement volumes rather than the conservation of aquatic animals.
