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Amendment Of The Decree For The Implementation Of The Law On Fisheries

Original Language Title: změna vyhlášky k provedení zákona o rybářství

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123/2016 Sb.



DECREE



of 11 December 1997. April 2016,



amending Decree No. 197/2004 Coll., to implement Act No. 99/2004

Coll., on fish farming, the performance of the fishing rights, Fisheries Guard, protection

marine fishery resources and on amendments to certain acts (the Act on

the fishing industry), as amended



The Ministry of agriculture shall be determined according to § 32 Act No. 99/2004 Coll.

fish farming, the performance of the fishing rights, Fisheries Guard, protection

marine fishery resources and on amendments to certain acts (the Act on

the fishing industry):



Article. (I)



Decree 197/2004 Coll., to implement Act No. 99/2004 Coll.

fish farming, the performance of the fishing rights, Fisheries Guard, protection

marine fishery resources and on amendments to certain acts (the Act on

the fishing industry), as amended by Decree No. 239/2006 Coll., Decree No. 20/2010 Coll.

and Decree No. 122/2010 Coll., is amended as follows:



1. In article 6 (1). 1 (b). and), the word "acts" shall be replaced by

"Act".



2. In article 6 (1). 1, point (d)) shall be deleted.



Subparagraph (e)), and (f)) shall become points (d) and (e)).)



3. In section 6 (1). 1 (b). (d)), after the words "the Bachelor" is inserted after the word "or"

and the word "or" and "or the PhD in natural sciences with a focus

the Ichthyology hydrobiologii or "shall be deleted.



4. In article 6 (1). 2 the words "in paragraph 1 (b). e) or (f)) "shall be replaced by

the words "in paragraph 1 (b). d) or (e)) ".



5. in article 6, paragraph 3, including footnote No 3:



"(3) the recognition of the professional qualification requirements referred to in paragraph 1

(a). (d)) and e), and paragraph 2 provides for another law ^ 3).



3) Act 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

some nationals of other States and on amendments to certain acts (the Act on

recognition of professional qualifications), as amended. ".



6. in article 6, paragraph 4 shall be deleted.



Paragraphs 5 to 14 shall become paragraphs 4 to 13.



7. In article 7 (2). 1, at the beginning of subparagraph (a)) the following the word "minimum" and

the words "the amount of fish in" shall be inserted the word "referred".



8. section 10 including the title reads as follows:



"§ 10



Fishing ticket



[To section 13 paragraph 8 and paragraph 11 (a)), and (b)) of the Act]



(1) fishing ticket shall be issued for the whole territory of the Czech Republic for a period of 10

years, 3 years, 1 year or 30 days from the date of its issue.



(2) fishing ticket is issued in accordance with the specimen in annex No 6 to

This Decree.



(3) the qualification requirements for the acquisition of the first fishing ticket are

Basic knowledge from the area of fisheries, fish biology, law

governing the catching fish, proven by a certificate of acquired qualifications

issued by a legal person designated by the Ministry to the validation of knowledge

applicants for the issuance of the first fishing ticket. The model obtained

qualifications for the issue of the first fishing of the ticket and the range of knowledge

required for its issue are listed in Appendix 6 to this Ordinance.



(4) the qualification referred to in paragraph 3, the person who satisfies the



and fishing) is a disaster, a representative of the fishing of the householder or

the fisheries of the guard,



(b)) passed the examination on the fishing of the householder or fishing guard,



(c)) passed the examination of the subject of fisheries at the high school,



(d)) has completed a college education in an accredited undergraduate or

Master's degree programme in the field of agriculture in the study

industry with a focus on fishing or in an optional subject fisheries

at the school of effecting such a program or scope,



e) has completed the secondary education with a GCSE in the field of education

fisheries, or



(f)) has completed the secondary education with re-training in the field of education, a fisherman.



(5) additional fishing ticket shall be issued to the applicant, if previously issued by the

fishing ticket, with the exception of the fishing ticket issued for a period of 30

days, or other document certifying that the holder has been

fishing ticket, with the exception of the fishing ticket issued for a period of 30

days.



(6) the Aliens shall be issued fishing ticket whether or not, if it is proven



and previously issued by the fishing ticket), with the exception of the fishing ticket

issued for 30 days,



(b)) other document certifying that the holder has been fishing

the ticket, with the exception of the fishing ticket issued for 30 days,



(c) a certificate of qualification obtained) in accordance with paragraph 3, or



(d) a similar fishing privilege ticket) issued in a foreign State.



(7) a fishing ticket for 30 days including is not required

demonstrate the qualifications referred to in paragraph 3. '.



9. in section 11 (1) 2 (a). (g)) and in paragraph 2(a). 3 (b). (d)), the number "35" is replaced by

the number "40".



10. In article 12, paragraph 3, including footnote # 4 be deleted.



11. in article 13, the following paragraph 1, which reads as follows:



"(1) from 1. January to 15. April and from 1. December to 31. December

own trout fishing-grounds are defended in all kinds of fish. ".



Paragraphs 1 to 7 shall become paragraphs 2 to 8.



12. in article 13, paragraph 4 reads:



"(4) from 1. January to 15. June fishing-grounds are in mimopstruhovém

as their luck allowed:



and bolen) rapid (Aspius Aspius)



(b)), pike perch (Stizostedion lucioperca),



(c)), perch (Perca fluviatilis),



(d)), sheatfish (Silurus glanis),



e) Pike (Esox lucius). ".



13. in article 16, paragraph 1 reads:



' (1) in the mimopstruhovém fishing-grounds is permitted hunting:



and the answer, hunting), hunting on the artificial fly, hunting or fishing in muškařením

match, or



(b)) only at the time from 16. June to 31. December fishing spinning, hunting

the depth of the spinning or fishing čeřínkováním. ".



14. § 19 including the title reads as follows:



"The conditions for performance of the fishing guard, their verification, pattern

Service badge and fishing card guards



(§ 14 para. 9 of the Act)



§ 19



(1) knowledge of the rights and obligations of the fishing guard shall be demonstrated in accordance with § 14

paragraph. 2 (a). e) of the Act



and evidence of completed higher education) education acquired by studying in the

accredited bachelor's or master's degree program in

Agriculture in the area focused on fisheries,



(b)) the proof of getting a complete expert education in study

the scope of fisheries or the proof of completion of studies at the higher technical school

the degree course in water management and ecology, in which part of the

discharge is fishing Fundamentals exam,



(c)) by proof fishing householder tests, or



d) proof that a test for the performance of the fishing Guard (

"the test fishing guard") issued after passing the vocational course.



(2) the recognition of the professional qualification requirements referred to in paragraph 1 and

§ 26 para. 2 provides another law ^ 3). ".



15. in section 20 (2). 3 (b). (c)), the words "of the Criminal Code ^ 6)" is replaced by

the words "Criminal Code ^ 6)".



Footnote 6 is added:



"6) Act 40/2009 Coll., the criminal code, as amended

regulations. ".



16. in section 20 (2). 4, the words "70% of the 40 question" are replaced by

the words "at least 70% of the questions in each of the three thematic areas".



17. section 23, including the title reads as follows:



"article 23 of the



Delegation of legal entities in the field of education and teaching



(To section 22 paragraph 9 of Act)



(1) legal entities which may be entrusted by the Ministry

organizing tests for the performance of the functions of the fishing of the householder and his

Representative, the performance of the tests and trials and the fishing guard

competencies for getting the first fishing ticket, are

persons whose staff meet the qualifications specified in § 6 (1). 1

(a). d) or (e)) or in § 6 (1). 2 and have the necessary technical equipment.



(2) not later than 7 working days before the date of the tests on the fishing

householder and his Deputy and tests for the performance of the fishing guard

the organiser shall send the Ministry of information on the dates and the venue. ".



18. in annex No 9 in part II. Knowledge of legislation, section III.

Area:



"III. the area of 10 questions from Act No. 40/2009 Coll., the criminal code, in the

as amended, and Act No. 200/1990 Coll. on offences, in

as amended.



the subject of the questions:



fishing cooperation with the police of the Czech Republic guards and citizens,

offences against the fisheries, the crime of poaching, the social

harmfulness of crime, the case of extreme necessity, self-defence, violence

against the official person, abuse of authority, failure of a public official

obligations as an official fishing guard, penalties for infractions,

the imposition of fines in block management. ".



19. in annex No 9, the last sentence shall be deleted.



Article. (II)



The effectiveness of the



This Decree shall take effect on the day 16. June 2016, with the exception of

the provisions of article 10, which shall take effect on 1 January 2000. January 2017.



Minister:



Ing. Abdoul in r.