The right of small indigenous minorities of the north to traditional fishery and problems of its implementation (case study of the Magadan oblast)

The dynamics of the legislation development in the field of fishery and the problems of its implementation actualize the study of this topic. The Federal Law “On Fishing and the Conservation of Aquatic Biological Resources” establishes basic principles, including consideration of the interests of indigenous minorities, for whom fishery is the basis of their existence. The authors analyzed the hierarchy of regulations in terms of the implementation of the indigenous minorities right to traditional fishery. It was revealed that the current legislation contains gaps and conflicts that hinder the realization of such a right and minimize the principle of public policy values. Besides, it is also noted that the enacted federal law on fishery significantly limited the scope of powers of regional and municipal authorities in this area. The proposal is to return to the practice of a broader regional legislative regulation of this area.