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.