Conservation of aquatic biological resources: current issues

Semenova Irina Vladimirovna Junior Researcher; Department of Environmental, Land and Agrarian Law; Institute of State and Law of the Russian Academy of Sciences 10 Znamenka str., Moscow, 119019, Russia ssem.irina@gmail.com Other publications by this author

The global change in the world order affects all spheres of society and affects their progressive development. The world community is in a state of humanitarian and social crisis. The existing circumstances do not allow most states to reliably predict the development of their socio-economic systems, as well as to determine political and social transformations using traditional management tools ^{[1, p. 151]}. The current global situation requires special attention on the part of the State to the conservation and multiplication of natural resources that ensure food security and economic stability of the state. Fishing as a type of use of aquatic biological resources (hereinafter referred to as UBR or aquatic biological resources) It makes a significant contribution to providing the country's population with food. Russia is a country rich in fishing industry, which has significant potential in strengthening and further developing the fishing industry. At the same time, a variety of negative consequences of anthropogenic activities, especially pollution of the aquatic environment, have an impact on the habitat ^{[2, p. 12]}. When writing this scientific article, both general and specific methods of scientific knowledge were used: analysis, synthesis, formal legal, comparative. Some issues of legal regulation of the conservation of aquatic biological resources and their habitat were considered in the works of T.V. Rednikova, D.O. Sivakov, A.N. Belousov, A.M. Tortsev, N. T. Kuramshina and others.

The possibility of the existence and reproduction of biological resources depends entirely on their habitat – on its temperature conditions, the degree of salinity of water, the chemical composition of the aquatic environment in a particular region (due to pollution emissions, various substances may be present in the water that adversely affect living organisms). For example, scientists note the deterioration of the ecological state of the natural environment of the Black Sea ^{[16, p. 10]}. The Black Sea is a closed ecosystem, since the exchange of water with the oceans is extremely limited, and therefore various pollutants accumulate in its waters. For this reason, man-made accidents, especially oil product spills, are extremely dangerous for the entire ecosystem of this water body ^{[17, p. 117]}. As a result of the tanker crash in the Kerch Strait in December 2024, the amount of damage caused to the ecosystem, according to the calculations of the Federal Service for Supervision of Natural Resources Management, amounted to 84.9 billion rubles (Official website of the Administration of the Krasnodar Territory [Electronic resource]. URL: https://admkrai.krasnodar.ru/content/1239/show/788908 / (date of access: 05/20/2025).

The temperature regime is one of the main factors affecting the processes of nutrition, reproduction and, in general, the life of aquatic biological resources, therefore, the system of current legislation establishes standards for the quality of the aquatic environment in terms of temperature, approved by Order of the Ministry of Agriculture of the Russian Federation dated December 13, 2016 No. 552 "On approval of water quality standards for water bodies of fisheries importance, including standards for maximum permissible concentrations harmful substances in the waters of water bodies of fisheries importance" (The Official Internet portal of legal information www.pravo.gov.ru , 2017, No. 0001201701160006). At the same time, the standards do not take into account regional specifics and are outdated due to climate change. So, as scientists note, at the moment "the average temperature of the Black Sea water in summer can sometimes reach 30 ° C, and in winter it rises to 10 ° C." At the same time, according to the specified order, the standards establish the requirement "not to exceed the water temperature of a water body during wastewater discharge, compared with the natural temperature of the water body by more than 5 ° C, with a total temperature increase of no more than 28 ° C in summer and 8 ° C in winter" ^{[18, p. 56]}. Thus, the current regulations do not meet modern realities and require changes.

Despite fairly stable indicators of the average annual extraction of these natural resources – an average of 4.9 million tons, at the moment there is a tendency to decrease catches of some species of IBR, which are of important commercial importance (Statistics and analytics // Official website of the Federal Agency for Fisheries [Electronic resource]. URL: https://fish.gov.ru/otraslevaya-deyatelnost/ekonomika-otrasli/statistika-i-analitika/?ysclid=mas74tox13295735326 (accessed: 05/12/2025)). Thus, in 2024, the Far Eastern Fisheries Basin experienced problems with salmon fishing, the results of which are the worst in the last 20 years. According to experts, this is largely due to climate change – global warming and the "warming up" of the World's oceans, which have influenced the migration of salmon species and the redistribution of feed resources (The results of the salmon harvest in 2024 were summed up at the DVNPS // Official website of the State Scientific Center of the Russian Federation All-Russian Scientific Research Institute of Fisheries and Oceanography [Electronic resource]. URL: http://vniro.ru/ru/novosti/arkhiv-za-2024-god/na-dvnps-podveli-itogi-lososevoj-putiny-2024-goda (date of request: 05/15/2025)). The State faces an important task of adapting to new realities and developing measures to preserve these types of biological diversity in the future.

Conservation of marine biological resources in accordance with Federal Law No. 166-FZ of December 20, 2004 "On Fisheries and Conservation of Aquatic Biological Resources" (Rossiyskaya Gazeta. 2004 No. 284.) (hereinafter referred to as the Law on Fisheries) represents their maintenance or restoration to a condition in which the most sustainable production (catch) can be guaranteed WBR and their biological diversity, which is achieved through scientifically based measures for the study, protection, reproduction, rational use of WBR and protection of their habitat. As O.V. Klimova notes, this definition reveals the complex nature of this concept ^{[3, p. 58]}. According to it, both preventive measures ("maintenance") and measures aimed at eliminating the adverse consequences ("restoration") are assumed to preserve the resources under consideration. In this regard, for the purposes of conservation of the WBR, it is important to have and effectively apply legal norms that determine not only the methods and means, periods and limits of WBR extraction, but also norms aimed at protecting their habitat from various adverse factors (both anthropogenic and other, for example, the effects of climate change).

Man is a biosocial being that cannot exist apart from nature. According to M. M. Brinchuk, nature and its objects should be perceived not only as "the basis of the life and activity of peoples", but also more broadly as a resource ensuring the sustainable development of civilization ^{[4, p. 16]}. In modern conditions, sustainable development has a global character, since the focus of state policy on maintaining a balance between solving social, economic problems and preserving the environment is the main goal of the global agenda ^{[5, p. 13]}. According to I.O. Krasnova, the state environmental policy has a great influence, since it is she who is able to develop fundamental approaches to creating a unified system of legal requirements and measures for their implementation in the field of sustainable development ^{[6, p. 102]}. The advantage of sustainable development is manifested in the fact that its goal is to achieve a balance that ensures a controlled, harmonious improvement of society that does not destroy the natural environment, but at the same time contributes to the continuous progress of human civilization ^{[7, p. 842]}. Sustainable mining is considered to be such mining, in which the removal of biological resources from their habitat is supported by scientifically sound guarantees of preserving their ability to reproduce and sustainably exist, excluding depletion of extracted biological resources. That is, in this case, the balance is manifested in the implementation of the maximum economically possible extraction of the WBR, the scale of which does not harm the extracted resources and their ability to recover.

Biological diversity has been a source of food and energy, providing people with building materials for housing, and has also been an essential component of human livelihoods since ancient times ^{[8, p. 110]}. At the same time, the conservation of the biodiversity of the Siberian Federal District is of fundamental importance for maintaining the ecological balance, ensuring the stability of ecosystems and the existence of life on our planet in general, including playing an important role in preserving and maintaining the abundance of commercial species ^[9].

The configuration of the legal regulation of the conservation of biological resources has a multi-level structure. Since this issue, like virtually any problem in the field of environmental law, is relevant to the entire world community, this is reflected in international legal acts, both multilateral and bilateral.

The fundamentals of the legal regulation of the preservation of the UBR within the framework of Russian legislation are reflected in the Constitution of the Russian Federation, federal laws, laws of the subjects of the Russian Federation, decrees of the President of the Russian Federation, as well as detailed by resolutions of the Government of the Russian Federation, regulatory legal acts of the federal executive authorities of the Russian Federation, executive authorities of the subjects of the Russian Federation, and local governments.

The Law on Fisheries is the main regulatory legal act regulating relations related to the conservation of aquatic biological resources. It is worth noting that, in general, Russian legislation reflects a careful approach to the use of fisheries, aimed at their conservation, which is enshrined in the basic principles of legislation in this area (art. 2 of the Law on Fisheries). Sustainable extraction of aquatic biological resources and conservation of their biodiversity are possible only with strict regulation and, most importantly, with compliance with the requirements related to the use of these natural resources. Article 26 of the Law on Fisheries establishes an open list of fishing restrictions established by the Ministry of Agriculture of the Russian Federation. Thus, it includes, in particular, bans on fishing in certain areas or in relation to certain types of harvested aquatic organisms, the establishment of minimum sizes and weights of harvested fish, the definition of types and number of tools and methods of harvesting fish, and other restrictions.

Aquatic biological resources are components of the natural environment, each species has its own individual characteristics and vital features, and they depend on climatic and weather conditions and adapt to their habitat. In this regard, the geographical location of the habitat of the extracted resources is of great importance for the implementation of fishing. For the organization of fishing, taking into account the regional specifics of mining facilities, the territory of our country is divided into 8 fishing basins. Fishing rules are established for each of them, which are the basis for fishing and conservation of aquatic biological resources. According to the Law on Fisheries, these rules contain requirements for the conservation of aquatic biological resources. Such requirements mainly relate to the specifics of the organization of fishing, establish prohibitions for legal entities, individual entrepreneurs and citizens, which are then clarified in other paragraphs of the rules.

For example, the Order of the Ministry of Agriculture of the Russian Federation dated May 13, 2021 No. 292 "On Approval of fishing Rules for the Northern Fisheries Basin" (The Official Internet portal of Legal Information (www.pravo.gov.ru ), 2021, No. 0001202105310014) in section II, paragraph 9 establishes that legal entities and individual entrepreneurs must appoint persons responsible Paragraph 14.5 prohibits citizens from spearfishing "in forbidden and closed areas for fishing, during periods prohibited for the extraction (catch) of aquatic biological resources", and these areas and periods are established by Sections III, IV, V, VII, reflecting the specifics of fishing in a particular area or the specifics of the type of fishing.

The study of biological diversity, their rational use, the reproduction of certain species, the development and implementation of measures for their protection are the main tools for the conservation of biological diversity. Fishing is carried out in relation to those types of fishing for which it is not prohibited. Among the indicated types of biological resources, aquatic biological resources are distinguished, in respect of which the total allowable catch (hereinafter referred to as the TDE) is established or not established. ODE is a scientifically based value of the annual production of a specific type of UBR in certain areas, established taking into account its characteristics. In fact, this is an indicator that is calculated on the basis of scientific data and the actual state of reserves of each type of WBR, in order to extract them without harming biodiversity and the possibility of reproduction. The procedure for determining and approving the total allowable catch of aquatic biological resources and its modification is established in accordance with the Decree of the Government of the Russian Federation dated June 25, 2009 No. 531 "On Determining and Approving the total allowable catch of aquatic biological Resources and its modification" (NW RF. 2009. № 26. Art. 3205.). Quotas for the extraction of aquatic biological resources are allocated within the framework of the ODE. Recommended catch volumes are provided for aquatic bioresources for which the ODE is not established.

Thus, scientists annually assess fish stocks, monitor the real state of specific types of fisheries in each region, and based on scientific data, a conclusion is drawn about the possibility of their extraction and the amount of allowed catch. As an example, the ODE was established in 2025 in the Astrakhan region. The Volga River plays an important role in the Volga-Caspian fishery basin. Due to various unfavorable factors, especially the increased anthropogenic load, the ecological situation of the Volga is deteriorating, which affects, among other things, the UBR that inhabit it ^{[10, 11, 12]}. According to the Materials justifying the ODE in the area of WBR production in the internal waters of the Astrakhan region, with the exception of internal sea waters, for 2025, the extraction of roach, black-backed herring and Russian sturgeon is prohibited ([Electronic resource]. URL: http://kaspnirh.valuehost.ru/lib/u/file/2024 (date of request: 05/10/2025)). These measures were taken due to a decrease in the volume of natural reproduction, which led, in particular, to insufficient commercial catches, which is justified in these materials. A ban on the extraction of endangered species, whose stocks are in a depressed state, will increase the efficiency of their natural reproduction, which will undoubtedly lead to the replenishment of fish stocks.

According to Federal Law No. 7-FZ of January 10, 2002 "On Environmental Protection" (Federal Law of the Russian Federation No. 2, 2002, Article 133), the presumption of environmental danger of planned economic and other activities, as well as the obligation to assess its impact on the environment when deciding on the implementation of such activities, are the basic principles environmental protection in the implementation of activities that have an impact on the environment. In order to preserve the WBR and their habitat as a result of planned economic and other activities, the Government of the Russian Federation adopted Resolution No. 380 dated April 29, 2013 "On Approval of the Regulations on Measures to Conserve Aquatic Biological Resources and their Habitat" (NW RF. 2013. No. 20. Art. 2476.). In accordance with this Regulation, there are 8 measures for the conservation of the Siberian Federal District and their habitat, which are applied in the implementation of certain types of activities, in particular, in territorial planning, urban zoning, architectural and construction design, etc. Artificial reproduction, acclimatization of the WBR, or fisheries reclamation of water bodies are highlighted as measures to eliminate the consequences of negative impacts on the state of the WBR and their habitat. Unfortunately, in modern conditions it is impossible to completely eliminate human influence on natural resources, and for this reason, the implementation of such compensatory measures contributes to the conservation of biological diversity and the sustainable development of aquatic biological resources.

Among the UBR, particularly valuable and valuable types of these resources are distinguished, which have special commercial significance and have conservation priority, according to which their extraction is limited or prohibited in accordance with the procedure established by law ^{[13, p. 8]}. The list is established by Order of the Ministry of Agriculture of the Russian Federation dated October 23, 2019 No. 596 "On approval of the List of especially Valuable and valuable types of aquatic biological resources" (The official Internet portal of legal information www.pravo.gov.ru , 12/16/2019, No. 0001201912160083). In particular, Baikal omul belongs to the valuable species of UBR and since October 1, 2017, its catch is prohibited due to the critical dynamics of population decline. Omul Baikal is an endemic of Lake Baikal, known almost all over the world. The disappearance of this species of VBR will cause irreparable damage to the ecosystem of Lake Baikal.

Initially, the mining ban was planned for 3 years, but soon the legislator established an indefinite prohibition period, according to which fishing will resume when the population is restored. As the main reasons for the decline in the number of omul, scientists identify a high level of poaching on the migration routes of omul ^{[14, p. 21]}. At the same time, doubts arise as to how effective the ban on the extraction of Baikal omul is, since because of it the demand for this type of mining has increased significantly, which has led to an increase in cases of clandestine sale of natural resources ^{[15, p. 15]}. A fraud scheme has also spread, in which pellets are sold to customers at an inflated price, under the guise of Baikal omul. On the one hand, the ban on the extraction of omul is a necessary measure, since according to 2015 studies, the total biomass of the endemic has fallen to 10 thousand tons, and on the other hand, some scientists and local residents argue that it is necessary to improve the methodology for calculating aquatic organisms and perhaps these figures are far from reality, since they have not noticed a decrease in commercial catches (In omul since With my head: what has changed on Lake Baikal after the fishing ban // Z.RU – Izvestia newspaper information portal [Electronic resource]. URL: https://iz.ru/801078/evgeniia-priemskaia/v-omul-s-golovoi-chto-izmenilos-na-baikale-posle-zapreta-na-vylov (date of access: 06/12/2025)). However, a ban has been imposed and measures are being taken to restore the Baikal omul population. Its artificial reproduction is actively underway – from 2019 to 2024, Glavrybvoda plants released about 3.5 billion Baikal omul larvae into Baikal. In 2025-2026, it is planned to harvest 1 billion larvae per year. Now experts predict the restoration of the Baikal omul fishery by about 2030, since it takes at least 10 years to restore the population to a stable level (The return of omul to Baikal has been postponed: fishing is possible no earlier than 2030 // Official MK website.RU Ulan-Ude [Electronic resource]. URL: https://ulan.mk.ru/social/2025/02/23/vozvrashhenie-omulya-v-baykale-otlozheno-promysel-vozmozhen-ne-ranshe-2030-goda.html (date of request: 05/22/2025)).

It is worth noting that measures are currently being taken to improve legislation aimed at protecting Baikal's aquatic bioresources. In particular, a new Decree of the Government of the Russian Federation No. 704 dated May 22, 2025 "On the specifics of the protection, capture (extraction) of endemic species of aquatic animals and collection of endemic species of aquatic plants of Lake Baikal" (hereinafter referred to as Resolution No. 704) ((Official Internet Portal of Legal Information www.pravo.gov.ru , 05/23/2025, No. 0001202505230087)) effective from September 1, 2025, replacing Decree of the Government of the Russian Federation No. 67 dated January 28, 2002 (hereinafter referred to as Resolution No. 67) (Federal Law of the Russian Federation. 2002. No. 5. Art. 533.). The name of the new regulatory legal act has not changed.

The advantages of Resolution No. 704 are as follows: firstly, the names of specific species of endemic IBR were excluded from paragraph 1, which is more correct in relation to species that are endemic, but not explicitly specified in Resolution No. 67. Secondly, it has been supplemented with new prohibited tools and methods of extraction of the Baikal seal. Thirdly, paragraph 4 of Resolution No. 704 is formulated more precisely in comparison with the similar paragraph 3 of Resolution No. 67, since the terms of extraction of certain fishing gear, the list of tools and methods of their extraction are determined by the Rules of fishing for each fishing basin, and not a separate document.

The disadvantages of the resolution in question are terminological inaccuracies, as well as the exclusion from its text of a provision obliging federal executive authorities and executive authorities of constituent entities of the Russian Federation to ensure the protection and monitoring of endemic species of the Siberian Arctic. Among the terminological inaccuracies, one can single out, firstly, the inconsistency of the wording of the name of Resolution No. 704 with the Law on Fisheries. Aquatic biological resources include both aquatic animals and aquatic plants, and their removal from their habitat, according to this law, is prey. The term "protection" also does not fully reflect the essence of these regulatory legal acts – the concept of "conservation of aquatic biological resources and the environment and their habitat" contained in the Law on Fisheries more accurately reflects the measures set out in the resolution. The name uses the wording "catch (catch)", although the legislation on fisheries, including other resolutions of the Government of the Russian Federation, indicates "catch (catch)". Secondly, paragraph 4 of Resolution No. 704 speaks about the specifics of fishing in relation to the production of Baikal seal and seal directly, and also highlights aquatic plants. In this paragraph, it is worth fixing a more general term – "endemic aquatic biological resources of Lake Baikal", which will also protect other biological resources that fall under this category.

Thus, in our opinion, in order to bring the regulatory legal framework in the field of fisheries and conservation of marine biological resources to terminological uniformity, it is necessary to rename Resolution No. 704 and formulate it as follows: "On the specifics of conservation, extraction (catch) of endemic species of aquatic biological resources of Lake Baikal." And also in the text of Resolution No. 704 itself, replace the words "catch (extraction)" with "extraction (catch)" and the words "aquatic animals and collection of endemic species of aquatic plants" with "aquatic biological resources", and make appropriate amendments to Article 8 of Federal Law No. 94-FZ of May 1, 1999. "On the protection of Lake Baikal" (Federal Law of the Russian Federation. 1999. № 18. Art. 2220.).

Conservation of the UBR is aimed at maintaining a balance between the economic and environmental interests of society. In fact, it is not only about implementing measures aimed at restoring species at risk or maintaining their stocks. Conservation of aquatic biological resources inherently permeates all activities carried out within the framework of fisheries, from the quota allocation mechanism to the transportation and production of fish products. There are a huge number of challenges and problems in this area that need to be addressed, for example, the development of new anti-poaching methods, mechanisms to prevent the release of toxic substances into the aquatic environment in the event of a breakdown of water vehicles, etc. Due to climate change, the increased anthropological burden on water bodies as a habitat for the Arctic Ocean, and the high level of illegal extraction of these natural resources, they need special protection. Currently, human civilization is facing various crises on a global scale ^{[19, p. 106]}, including the threat of depletion of natural resources. Preserving the biodiversity of our planet is incredibly important not only for endangered species, but also for the whole of humanity, since the loss of at least one of them disrupts the balance of the ecosystem. In particular, the disappearance of the Baikal omul in Lake Baikal will not only harm the biodiversity of the reservoir, but will also disrupt the food chain for other inhabitants of the body of water, such as seals, which will reduce the food supply and endanger the populations of other species. In this regard, the state needs to respond promptly to emerging threats, including in the field of ensuring sufficient and uniform legal regulation in this area.

The article is published in its final version as approved following the last positive peer review recommending acceptance for publication. It incorporates revisions made by the author in response to prior negative peer review reports that did not recommend publication. All peer review reports, including initial negative reviews, are published in open access alongside the article. All versions of the author’s revisions are archived in the publisher’s repository and may be made available upon reasonable request in accordance with Elsevier’s editorial policies and applicable data availability requirements.
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