Ordinance To The Law On Fisheries And Aquaculture (Fisheries)

Original Language Title: Bekendtgørelse af lov om fiskeri og fiskeopdræt (fiskeriloven)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121218

Overview (table of contents) Chapter 1 the Act's purpose, scope and definitions Chapter 2 Chapter 3 Administration Advisory Committee of the European Community acts and international agreements in the field of fisheries and fish farming Chapter 3 (a) environmental damage to protected species or international nature conservation areas in Chapter 3 (b) conservation and protection, etc. of certain natural habitats, wild fauna and flora Chapter 4 fisheries and fisheries entitled B.
   Commercial fishing companies Bierhvervs fishermen provisions common to the right of business and bierhvervs fishing in salt water (C). Special fishing rights in saltwater farmers d.
   Recreational fishermen E.
Chapter 5 Promotion, protection and conservation of fish stocks, Chapter 6 Chapter 7 fishing gear the regulation of commercial fishing in salt water (B).
Chapter 8 Rules relating to vessels for commercial fishing in salt water Chapter 9 regulation of the recreational fisheries Chapter 10 Special rules for fresh water B.
   C. Blocking catch devices in fresh water (D).
Chapter 11 Fishing signs and tokens Chapter 12 Fish care and releases, etc.
   B. Chapter 13 Farming in salt water Chapter 14 Mutual code of conduct between fishermen (B).
   C. Compensation Chapter 15 Fisheries relationship towards other activities Measures etc. in saltwater areas Measures in freshwater areas B.
   C. rights in relation to coastal owners in saltwater areas D.
Chapter 16 first-time movement of fish (B).
   C. discontinuance or withdrawal of authorization (D).
   E. Chapter 17 Management of production levies Chapter 18 scientific studies, etc.
Chapter 19 Delegation and appeal Chapter 20 the submission and processing of information Chapter 20 a Measures during accidents and disasters, including acts of war, etc.
Chapter 21 Charges, etc.
Chapter 22 Control and supervision (B).
   C. Special safeguard provisions of the freshwater Chapter 23 Penalty, criminal prosecution and confiscation Chapter 24 entry into force and transitional provisions etc.
   B. c. specific transitional provisions in fresh water (D).
Annex 1 Annex 2 The full text of the Ordinance to the law on fisheries and aquaculture (fisheries) 1) is hereby promulgated the law on fisheries and aquaculture (fisheries), see. lovbekendtgørelse nr. 372 of 26. April 2006, as amended by section 1 of Act No. 536 of 24. June 2005, § 66 of law No. 538 of 8. June 2006, law No. 317 of 31. March 2007, law No. 489 of 17. June 2008 and section 13 of the Act No. 507 of 17. June 2008.
Chapter 1 the Act's purpose, scope and definitions article 1. The law's purpose is through a management that ensures the protection and promotion of the living resources in salt-and freshwater, as well as the protection of other animal and plant life, to ensure a sustainable basis for commercial fishing and related industries, as well as the possibility of recreational fisheries.
§ 2. The law applies to fishing in salt water and fresh water, without prejudice. § 3, nr. 3 and 4, for fish farming and for circulation, etc. of fish as well as for areas covered by Community legislation on the fishing area. The Minister of food, agriculture and fisheries may provide that all or part of the Act also apply to the algae.
(2). The Minister may determine that the law and the rules laid down in pursuance of the law also apply to fish landed here in the country, although the fisheries not covered by paragraph 1.
(3). Rules to be laid down pursuant to the law, can be issued for the entire country or for specific regions. The rules may include all or each type of fishing referred to in article 6. Chapter 4.
§ 3. For the purposes of this law: 1) fish: any kind of fish, echinoderms, crustaceans and molluscs, components, products and parties thereof, including farmed species.
2) Pot fisheries: Fisheries carried out jointly between self-employed fishermen or commercial fishing companies with vessels, they are the owners or co-owners of, so that a participant with its vessel can make use of fishing rights, which is attached to another pool participant's vessel.
3) Salt water: Danish fishing territory and fishing with Danish-registered vessel outside this area.
4) freshwater: Lakes, rivers, streams and other similar natural fresh waters and canals, ditches, and similar artificially created waters that are included as part of or in lieu of parts of a natural river system, or drain to the salt water, and where this is particularly determined, see. § 41, flooded areas and artificially brought forth fresh waters that are not included as part of or in lieu of parts of a natural river system or have drains to salt water.
5) Circulation, etc.: Negotiation, storage, transport, processing, acquisition, receipt, transfer and import of fish in Denmark and trade in and export of fish, which takes place from Denmark.
6) Community acts: the European Community regulations, directives and decisions referred to in article 6. § 10.
7) International nature conservation area and species for which an area is designated: Area and associated species that must be protected according to the rules laid down by the Minister of the environment, pursuant to Council Directive No. 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (EC habitats directive) and Council directive nr. 79/409/EEC of 2. April 1979 on the conservation of wild birds (birds directive)
Chapter 2 section 4 of the Advisory Committee. For advice on the implementation of the provisions of the Act reduces the Minister for food, agriculture and fisheries, the following committees: 1) EU Fisheries Committee referred to in article 6. § 5.
2) Committee for commercial fishing, see. § 6.
3) Committee on recreational fishing, freshwater fishing and Fish care, see. § 7.
4) Committee for Mussel production, see. section 6 (a).
(2). The Minister may, in addition, set up committees of local areas, see. § 8.
§ 5. EU Fisheries Committee advises the Minister for food, agriculture and fisheries on the position on the European Community fisheries policy and on the establishment of the necessary rules for the implementation of the Community acts referred to in article 10 on the fishing area.
(2). The Committee consists of the representation of the Danish fishermen's Association, Danish aquaculture producer organisations in the fisheries sector, the Danish fishing industry and export Association, Consumption industry employers ' Association, the Association of Danish Fishmeal and fish oil industry, Business Council of the labour movement, the Consumer Council, the Danish Fish and the World Wide Fund for nature.
§ 6. The Committee for commercial fishing Advisor Minister of food, agriculture and fisheries on the planning and preparation of rules on the exercise of the professional and the regulation of fisheries, as well as on fishing capacity, gear use, etc. and for the drafting of rules for first-time sales of fish.
(2). The Committee consists of the representation of the Danish fishermen's Association, producer organisations in the fisheries sector, the Danish fishing industry and export Association, Consumption industry employers ' Association, the Association of Danish Fishmeal and fish oil industry, Danish Fish and labour movement Business Council.
(3). By advising on rules relating to the initial circulation of fish be upheld also by the representation of the Association Committee of fish auction masters in Denmark and the National Association of Fish sorts and collection centres in Denmark.
§ 6 a. Committee for Mussel production advises the Minister for food, agriculture and fiskeriom initiatives to promote a sustainable commercial development of fishing and breeding of mussels, oysters and other bivalve molluscs, including the elaboration of rules on fishing and farming. The Committee also advises the other authorities that issues and administers rules that affect the commercial exploitation of mussels, oysters and other bivalve molluscs.
(2). The Committee consists of the representation of the Danish fishermen's Association, the Danish fishing industry and export Association, Consumption industry employers ' Association, Danish Association of Danish fish, shellfish farming, Aquaculture, Danish Business Council of the labour movement, the Danish society for nature conservation, the World Wildlife Fund and the Association of county councils as well as representation on the recommendation of the Minister and of the Minister for family and Consumer Affairs. In addition, the participating representatives of the authorities at the local level are responsible for environmental issues. County Councils Association's representation is terminated from the 1. January 2007 and replaced from this time of representation from KL (Kommunernes Landsforening).
§ 7. Committee for recreational fishing, freshwater fishing and Fish care advises the Minister for food, agriculture and fisheries, laying down rules that apply to recreational fishing and freshwater fishing as well as on fish care.
(2). The Committee consists of the representation of the Danish fishermen's Association, Danish Aquaculture, Danish Coastal fishing association, Denmark's sports fishing Federation, freshwater fishing Association for Denmark, Danish Amateur Fishing Association, Danish Pleasure Federation, Danish agriculture, Danmarks naturfredningsforening and KL (National Association of local authorities). In addition, the Minister of the environment can set the representation to the Committee.
§ 8. The Minister of food, agriculture and fisheries may set up committees to advise fishery with a view to drawing up rules for a defined local area.
(2). In the Committee referred to in paragraph 1, participating representatives of the organizations that are represented on the Committee referred to in article 7, as well as after the Minister's further determination other organizations who, as a result of their membership have an interest in fishing in the local area. In addition, the participating representatives of the relevant municipal Council.
§ 9. For each of the Advisory Committee shall be appointed by the Minister for food, agriculture and fisheries, in addition to representatives of the Ministry of food, agriculture and fisheries.
(2). The Minister shall lay down the rules of procedure of the committees and appoint committees ' members, including the Chairmen of the committees. The committees ' members appointed upon a proposal from the Committee concerned in the participating organizations. In the rules of Procedure lays down the number of representatives of each of the organizations or groups of organizations.
(3). The Minister may determine that the committees be extended with representatives of other organisations than those specified in §§ 5-7 referred to as well as with persons with particular expertise. Enlargement can take place for an extended period of time or for discussion of individual issues. The Minister may, in addition, set up subcommittees of permanent or temporary in nature.
Chapter 3 Administration of the European Community acts and international agreements in the field of fisheries and fish farming section 10. The Minister of food, agriculture and fisheries can lay down rules or take provisions aimed at dealing with the European Community directives and decisions in the field of fisheries and fish farming. The Minister may also lay down the rules and put in place the measures necessary to comply with regulations of the European Community in the field of fisheries and fish farming.
(2). The Minister may lay down rules or provide for derogation from the rules laid down in the legal acts referred to in paragraph 1, in so far as they contain access to them.
(3). The Minister may also lay down rules which are necessary for the fulfilment of international treaties and conventions relating to fisheries and fish farming conditions, that were concluded before the accession of the European Community, and which remains in force.
(4). In respect of Community acts in the field of fisheries and fish farming, which falls under other relevant Ministers, exercised the powers referred to in paragraphs 1 and 2 of the minister concerned.
Chapter 3 (a) environmental damage to protected species or international nature protection areas section 10 a. environmental damage or an imminent threat of environmental damage for the purposes in accordance with §§ 7, 10 and 11 of the environmental damage the law.
section 10 (b). By the person responsible for the operation means the who operates or controls the occupational activity.
(2). By the person responsible for the environmental damage or an imminent threat of environmental damage shall mean the person responsible for the operation, if the damage or the imminent threat of an injury caused by reckless behaviour on the part of the person concerned.
section 10 (c). The Minister for food, agriculture and fisheries, lays down rules for the prevention and reporting of environmental damage or an imminent threat of environmental damage to protected species and international nature conservation areas in connection with the exercise of commercial fisheries activities for the implementation of the directive on environmental liability with regard to the prevention and remedying of environmental damage, including about 1) notification and information obligations of the person responsible for the operation in the event of environmental damage or an imminent threat of environmental damage , 2) notice of the summons to the person responsible for the operation of the submission of information relevant to the assessment of whether there is an environmental damage or an imminent threat of environmental damage, including the injunction to conduct studies, analyses of drugs and the like. in order to clarify the causes and effects of environmental damage or an imminent threat of environmental damage, and 3) complain about decisions, including whether the complaint justified.
Chapter 3 (b) Conservation and protection, etc. of certain natural habitats, wild flora and fauna section 10 (d). The Minister for food, agriculture and fisheries sets out rules relating to fisheries and fishing farming activities covered by this law in order to avoid the deterioration of natural habitats and habitats of species in areas of international protection as well as disturbance of the species for which the areas have been designated for, if these disorders have significant implications for the objectives of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and flora.
(2). In order to safeguard the interests referred to in paragraph 1 shall take the Minister of food agriculture and fisheries also appropriate measures with regard to fishery and fishing farming activities covered by this law, including the issuance of conditions or notice of prohibition or injunction.
§ 10 e. Permission for fishing and fish farming activities covered by this law or rules laid down pursuant to this Act, likely, by itself or together with other activities that could affect an international nature conservation area significantly, must be assessed for the activity's impact on the site, taking into account the conservation objectives (environmental impact assessment).
(2). The environmental impact assessment may be made by the Minister for food, agriculture and fisheries or of the applicant for authorization to conduct the activity. The Minister may, however, refuse to carry out an assessment, if it is considered that the requested activity will be incompatible with conservation objectives of the site, or if the volume of the project is estimated to be disproportionate in relation to the costs of an environmental impact assessment. If the assessment is not conducted by the Minister, any assessment as may be provided by the applicant, be included in the basis for the Minister's decision as to whether there can be authorized for the requested activity.
(3). If the Minister of food, agriculture and fisheries deems it necessary, environmental impact assessment must be the subject of consultation with the public, authorities and organizations, before deciding whether there can be granted permission.
(4). Permission for fishing and fish farming activities covered by this law or rules laid down pursuant to this Act may be granted only if the activity is not detrimental to a 1) international nature conservation area's integrity or 2) overriding public interest, including those of a social or economic nature, makes it imperative to implement the activity, and there is no alternative solution, see. However, section 10 (f).
§ 10 f. If an activity within the scope of section 10 (e), by itself or together with other activities deemed to be prejudicial to a special area of conservation with a priority natural habitat type or priority species, the Minister of food, agriculture and fisheries only grant authorization for the activity, if 1) this is necessary in the interests of human health, public safety or the achievement of significant beneficial effects on the environment or 2) other overriding public interest makes the implementation imperative.
(2). Authorisation in accordance with paragraph 1, nr. 2, can first be communicated after consultation of the European Commission.
§ 10 g. When an authorisation granted in accordance with section 10 (e), paragraph 4, nr. 2, paragraph 10 (f), or (1) sets out the Minister of food, agriculture and fishing conditions on the appropriate compensatory measures necessary. The Minister shall notify the European Commission of the compensatory measures taken.
§ 10 h. the Minister of food, agriculture and fisheries may lay down detailed rules on 1) notice and permission for fishing and fish farming activities covered by this law, including those relating to environmental impact assessment's content and scope, 2) notification and consultation of the public concerned and the authorities concerned and organizations concerning environmental impact assessments pursuant to section 10 (e), (2), 3) terms and compensatory measures, that can be attached to a authorization and 4) the granting of injunctive relief in order to avoid significant disruption or impairment of a conservation area and the categories that are attached to it.
§ 10. Minister for food, agriculture and fisheries can provide that, before a decision is taken pursuant to § § 10 d-10 (f), must be obtained an opinion from the Minister or an agency, as the Environment Minister has authorised, concerning environmental or conservation conditions.
section 10 (j). The Minister for food, agriculture and fisheries shall fix the rules or implement the measures, in the light of the Environment Minister's monitoring of the conservation status of wild animal species listed in annex 2, are considered necessary to ensure that the taking in the wild of wild animal species concerned and their exploitation is compatible with the maintenance of a favourable conservation status of these species.
(2). The Minister can decide in order to derogate from the rules laid down pursuant to paragraph 1, to 1) protect wild fauna and flora and conserving natural habitats, 2) prevent serious damage, in particular to crops, livestock, forests, fisheries, water and other forms of property,
3) ensure respect for public health and safety or other imperative reasons of overriding public interest, including the social and economic nature, and terms of significant beneficial effects on the environment, 4) promote research and teaching and 5) restore a stock and discard or breeding species, including artificially to different plants.
(3). The exception under paragraph 2 shall not prevent the maintenance of the conservation status of the stocks concerned in its natural range.
Chapter 4 fisheries and fisheries entitled a. General provisions section 11. Independent commercial fishing in salt water may only be operated by 1) professional fishermen with A-status registered under section 14, paragraph 1, in accordance with rules laid down under section 14, paragraph 4, or after the licence pursuant to section 21 (1), (2)) bierhvervs fishermen registered under section 17, paragraph 1, in accordance with rules laid down under section 17, paragraph 2 or 3, or for a licence pursuant to section 21 (1) 3) companies registered under section 16 and 4) party shipping companies, which fulfils the conditions for being able to own a fishing vessel referred to in article 6. § 39, paragraph 1.
(2). Independent commercial fishing in salt water may also run 1) in connection with ålegårds rights and other special fishing rights, see. section 24, and 2) of certain farmers, see. § 25.
(3). Recreational fishing must be exercised by 1) anglers, see. section 26, and 2) recreational fishermen, see. § 27.
(4). For fishing in fresh water, the Court shall apply the rules laid down in section 28.
§ 12. Only persons or companies which are registered as entitled to operate independently, without prejudice to commercial fishing. § 11, paragraphs 1 and 2, payment of a fee may transfer their catches from fishing. The Minister of food, agriculture and fisheries may authorize institutions etc. with a social or educational purposes against remuneration may entrust the catches from fishing, operated with additional allowable gear.
(2). The Minister may also, having regard to the documented business conditions permit catches, as derived from fresh waters, is transferred for consideration. Property owners who wish to obtain permission to sell catches, which originates from the fish water, adjacent to the ground, may be authorised without presenting the mentioned documentation.
§ 13. Fish may only be transferred with the consent of the Minister for food, agriculture and fisheries.
B. legitimate Fishing in saltwater fishermen § 14. People are entitled to be registered as professional fishermen with A-status, when it shall be demonstrated that 1) they have Danish citizenship or have resided here in the country for an uninterrupted period of at least 2 years immediately prior to registration, 2) they've been employed with commercial fishing during the previous 12 months, see. paragraph 2, and 3) at least 60 per cent of their gross income from personal business over the preceding 12 months comes from commercial fishing, see. (3).
(2). Persons who are employed on board a Danish-registered fishing vessel, as the documentary evidence required for the fulfillment of the requirement referred to in paragraph 1, no. 2, always with the Minister for food, agriculture and fisheries. The question is then registered as commercial fishing with B-status. The Minister may lay down rules, including rules on the requirements for documentation for the prior employment as referred to in paragraph 1, no. 2 in cases where employment has not taken place on Danish-registered fishing vessel.
(3). In the calculation of gross income for personal business, see. (1). 3, except revenues from civic duties. In addition, except for income from public pension for persons who before the achievement of the right to old-age pension were registered as professional fishermen. Revenue from positions of trust in the fishery organizations from recruiting on rescue stations and from public office on an equal footing with gross income from commercial fishing for persons who have previously been engaged in commercial fishing.
(4). For persons who do not meet the conditions laid down in paragraph 1, no. 1, about the Danish citizenship or residence, but who are covered by the European Community and EEA ´ rules of establishment, free movement of workers and the provision of services, the Minister shall lay down the rules on the conditions for registration and the maintenance thereof, including the requirement that fishing activity carried on in connection with activities in the Danish fishing industry.
§ 15. Individuals who can demonstrate that, during the last 5 years before the application has fulfilled the conditions for registration under section 14, paragraph 1, may obtain registration on this basis.
(2). Registration in accordance with paragraph 1 shall lapse if the person does not within 14 months after the registration in the face of the Minister for food, agriculture and fisheries, provide evidence that the conditions set out in section 14 (1) (8). 3, have been complied with in a period of 12 months after registration. Lapse of registration, that in 5 years from registration not registered according to paragraph 1.
Commercial fishing companies § 16. Public limited companies and private limited companies can be registered as entitled to operate commercial fishing, when 1) at least 2/3 of the stock or limited liability capital owned by individuals who are registered as professional fishermen pursuant to section 14, paragraph 1, in accordance with rules laid down under section 14, paragraph 4, or after the licence pursuant to section 21, paragraph 1, or 2) the company of the 2/3 of which are owned by one or more companies When the whole stock or limited liability capital owned by individuals who are registered as professional fishermen pursuant to section 14, paragraph 1, in accordance with rules laid down under section 14, paragraph 4, or after the licence pursuant to section 21 (1).
(2). Registration can only be done when the Statute contains provisions on that 1) shares and shares corresponding to 2/3 of the share capital can only be issued or transferred to the owning or mortgages for individuals and companies, which are registered by the Minister for food, agriculture and fisheries as entitled to operate commercial fishing under section 14, paragraph 1, in accordance with rules laid down under section 14 paragraph 4, or after the licence pursuant to section 21 (1), (2)) 2/3 of the issued shares in joint stock companies shall be recorded with the in no. 1 specified limitation of saleability, and that shareholder register of private limited companies endorsed this restriction in saleability, 3) the transfer of the shares and noted shares requires the consent of the Board or for private limited companies by the governing body, 4) they noted shares and shares by voting or similar has an influence, which is at least equal to the share capital, and 5) they noted shares and shares must be allocated to a particular stock or limited class.
(3). The Minister may lay down rules to the effect that the stock or private limited company registration in accordance with paragraphs 1 and 4 shall lapse if notification of the assignment of listed securities is not communicated to the inspection authority within 30 days after the transfer.
(4). Companies registered with the right to operate commercial fishing after the 1. July 1986, preserves this right, see. However, section 39, paragraphs 1 and 2 of the basic regulation. (4) if these companies ' opportunities to obtain authorisation for a vessel used for commercial fishing.
Bierhvervs fishermen § 17. Eligible for registration as bierhvervs fishermen is a person who holds Danish citizenship or have resided here in the country for an uninterrupted period of at least 2 years immediately prior to registration if they 1) was registered as bierhvervs fishermen by the end of 1983, and the registration is maintained, 2) are registered as commercial fishermen, 3) are authorized in accordance with the decision of the Board referred to in section 19 to operate the bierhvervs fishing in a designated area or 4) can demonstrate that they are in a period of 12 consecutive months during the period from the 1. January 1996 to 1. October 1998 have had an income of DKK 10000 or more from turnover of catches obtained by recreational fishing.
(2). The Minister of food, agriculture and fisheries may lay down rules to the effect that the request may be granted permission for the persons who do not meet the conditions laid down in paragraph 1, can be registered as bierhvervs fishermen, provided that they can demonstrate otherwise to have acquired knowledge of commercial fishing.
(3). For persons who do not meet the conditions laid down in paragraph 1 on Danish citizenship or residence, but who are covered by the European Community and EEA ´ rules of establishment, free movement of workers and the provision of services, the Minister shall lay down the rules on the conditions for registration and the maintenance thereof, including the requirement that fishing activity carried on in connection with activities in the Danish fishing industry.
(4). Bierhvervs fishermen, which is registered in accordance with paragraph 1, nr. 2, 3 or 4, or in accordance with a permit in accordance with paragraph 2, in order to preserve this right must be able to document that at least 5 per cent of gross income for personal business in the previous 12 months are derived from the bierhvervs fishing. In the calculation of gross income by personal business except revenue from old-age pension for persons who before the achievement of the right to old-age pension was registered as bierhvervs fishermen or fishermen.
(5). The Minister may authorize the registered bierhvervs fishermen who do not comply with the requirement referred to in paragraph 4 may maintain registration as bierhvervs fishing, if the person concerned can prove that they are in a period of 12 consecutive months within the last 5 years, where they have been registered as a business or bierhvervs fishermen have met the revenue requirement referred to in paragraph 4.
(6). Maintenance of registration referred to in paragraph 5 shall be subject to the condition that the person concerned no later than 14 months after the permit has been issued for the maintenance of the registration in accordance with paragraph 5, showing that revenue requirement referred to in paragraph 4 have been met for a period of 12 months after the issuance of the permit. Lapse of registration, that for 5 years from the permit issuance is not once again be authorised in accordance with paragraph 5.
§ 18. Bierhvervs fishing may only operated personally and without the use of both paid as unpaid Assistant.
§ 19. In a final administrative decision on applications for authorisation to operate the bierhvervs fisheries, see. section 17, paragraph 1, no. 3, reduce the Minister for food, agriculture and fisheries, a Board.
(2). The Committee consists of two representatives of the Ministry of food, agriculture and fisheries, 2 representatives of the Danish fishermen's Association as well as a representative of Danish Coastal fishing association, National Organization of Danmarks fiskehandlere, Denmark's sports fishing Federation, Retail fresh water fishing Association for Denmark, Danish Amateur Fishing Association and the Danish Pleasure Confederation. The Minister shall lay down the rules of procedure of the Board and shall be appointed by the Board's President.
(3). Permission may be given to persons who can demonstrate having been recreational fishermen through 5 years. The Tribunal must, by its decisions put special emphasis on whether a meeting of the application will be essential for the maintenance of fishing in that area and for the possibility of a versatile port environment, which also included commercial fishing and related activities. In this connection, regard shall be had to the commercial fisheries that are already going on in the local area. The Tribunal must also pay attention to whether the applicant through his recreational fishing has acquired knowledge of the type of fishing to be exercised. The Board may impose restrictions on the type and number of tools which may be used by bierhvervs fishing.
Provisions common to the right of business and bierhvervs fishing in salt water, § 20. The Minister of food, agriculture and fisheries may lay down detailed rules concerning the approval and maintenance of the right to operate the business and bierhvervs fishing for individuals and companies, as well as evidence that the conditions for registration and the maintenance of this is fulfilled.
§ 21. The Minister of food, agriculture and fisheries may, if the conditions set out in sections 14 and 17 or in the rules thereunder are not met, grant permission for that person will be registered as professional or bierhvervs fishermen, when special social or health reasons justified.
(2). The Minister may lay down rules on the involvement of expertise for use in determining whether the permission can be obtained in accordance with paragraph 1.
§ 22. The Minister of food, agriculture and fisheries can grant permission for the persons, who takes over an ongoing fisheries holding or share it by inheritance or acquisition of undivided living, can continue fishing, even if the conditions laid down in articles 14 and 17 or in the rules laid down pursuant thereto are not complied with.
§ 23. The Minister of food, agriculture and fisheries may derogate from the provisions of §§ 14 and 16 when it is considered of interest to fisheries development.
C. Special fishing rights in salt water replaced the ålegårds rights and similar specific rights § 24. Fishing activities in accordance with decisions pursuant to section 13 (A) and section 13 (B) of law No. 178 of 23. June 1956 for replacement and the state takeover of the right of fishing with ålegårde and other special rights to fish in saltwater areas, may continue until the rights after their content removed. The detailed content of the right holders are fixed in the individual orders. In addition to the special rules in section 74 must be observed.
Farmers § 25. Persons who, under the previously applicable law to be registered with the Ministry of food, agriculture and fisheries as farmers with the right to engage in fishing in connection with agriculture, it retains this right.
D. recreational fishing anglers § 26. Any person may engage in angling with rod, pilk or similar light hand tools, when the rules in § 54 of fishing signs are complied with.
Recreational fishermen § 27. In addition to the aforementioned section 26 angling can persons who are not registered as professional or bierhvervs fishermen, or that are not specially fisheries entitled pursuant to §§ 24 and 25, engage in recreational fishing. The Minister of food, agriculture and fisheries may lay down rules on the conditions for the exercise of recreational fishing, including on the tools, which may be used in recreational fishing.
(2). Fishing in fresh waters that are not fishing, are covered by the rules on recreational fishing, unless the Minister of food, agriculture and fisheries, taking into account the proven professional relation allows the catch may be transferred for valuable consideration without prejudice. Article 12, paragraph 2.
E. Fisheries Law in the freshwater section 28. The right to fish in fresh water falls to the owner of the land, adjacent to fish water, unless others have acquired a special right of fishing in the fish water.
(2). The right to fish must not be transferred to anyone other than the landowner, the State or municipalities. In addition, fisheries right House for rent, but not more than 25 years at a time.
(3). Fishing in the Gudenå River on the route between Randers Bro and Frisenvold Fish farm may be exercised by any person.
section 29. The person who has acquired the right to fisheries, have the right to move on shore along the water, to the extent necessary for the performance of the fishery.
(2). The fishing should be eligible because the owner's request could prove its right to fish.
(3). The fisheries entitled in the course of fishing operations, as necessary, the right to temporarily to land its boats and nets on the adjacent property.
(4). Landowners may at any time prohibit the movement in the garden and courtyard.
(5). If in the course of the road and landing right injury, fixed compensation in the absence of agreement between the parties pursuant to the Act on arable and vejfred appointed Appraisers.
Chapter 5 Promotion, protection and conservation of fish stocks, § 30. The Minister of food, agriculture and fisheries can lay down rules about 1) total or partial conservation of specified populations and water areas, 2) permissible minimum sizes for fish and 3) total allowable catches of specified stocks.
section 31. In order to ensure fish passage can Minister for food, agriculture and fisheries, lay down rules of conservation belts, where fisheries or specific types of fishing are prohibited in whole or in part, and by 1) water race came to an end in streams, rivers and in lakes, 2) water race in salt water estuary, 3) fjordes and other indvandes estuary into the sea and 4) other places where conditions make fish passage difficult.
Chapter 6 fishing gear section 32. The Minister of food, agriculture and fisheries may lay down rules on the use, design, mesh size, location and number of permitted fishing gear, labelling and marking of fishing gear and poles, including rules on the establishment of and distance between these, as well as for the registration of places of stationary fishing gear.
(2). Rules concerning the marking and location of fishing gear in salt water be determined after negotiation with the Defense Minister and the Minister for economic and business affairs.
(3). The Minister of food, agriculture and fisheries may lay down rules as to whether new fishing gear and devices, whose construction differ significantly from the so far known methods, must be used, and whether the use of such tools. The Secretary of State may also establish rules on determination of mesh sizes.
(4). Along all coastlines are the whole year prohibited at a distance of 100 metres from the low-water line to use floating nets. The Minister may lay down rules about discrepancies in the distance from the coast and the prohibition period.
section 33. All fishing gear must, as far as weather conditions permit, tending regularly and so often that they caught fish living options not unduly impaired.
(2). The Minister of food, agriculture and fisheries may lay down rules to the effect that fishing gear must not be tending at certain times of day.
Chapter 7 the regulation of commercial fishing in salt water (A). Regulatory measures § 34. The Minister of food, agriculture and fisheries may lay down rules on the commercial exploitation of resources, including about 1) Division of the available catch levels over time and on waters, 2) total or partial cessation of fishing and landing of specified species or procedures for doing so, when catch level for the fishery concerned in relation to the available catches so dictate, 3) distribution of the available catches with defined quotas for groups of vessels , for each fishing vessel or gear types,
4) distribution of the available quantities for the purpose of their use, including for human consumption and industrial use, respectively, 5) the maximum fishing time, the number of landings and the allowable catches per landing and 6) special allowances within the available catch levels to cover by-catches.
(2). In establishing rules as referred to in paragraph 1 shall be given in addition to considerations of resource conservation and reproduction special emphasis on rational, including seasonally best resources, exploitation, the relationship between the available resources and the fishing capacity of fishing as well as economic and employment terms within the fishing industry, processing industry and other paramedical professions both for the country as a whole and individual parts of the country.
(3). Rules on the closure of fisheries and amending the conditions for the exercise of fishing issued under this law shall be introduced not in the Official Gazette.
(4). The rules referred to in paragraph 3 shall be published in accordance with the rules laid down by the Minister for food, agriculture and fisheries.
section 35. Rules under section 34 may be issued for one year or for a multiannual period. They issued the rules can be changed on the basis of fisheries development, see. section 34 (2).
B. fishing permits (licences) and pot fisheries section 36. The Minister of food, agriculture and fisheries can lay down rules that required permission (license) to engage in commercial fishing on fishery resources, which are available to the Danish fishermen, and for the issuance of the permit. The Minister may lay down rules for authorisation for a vessel owner's fishing rights are part of a pool fishery, see. § 3, nr. 2, including on the fishing rights that can be covered by a pool fishery, management of a pot fishing, reporting to the Ministry of food, agriculture and fisheries as well as on the number of participants in a pool fisheries.
(2). The authorization may be limited in time and subject to compliance with specified conditions.
§ 36 a. Permission to pool fishing, see. § 3, nr. 2, according to rules issued pursuant to section 36, paragraph 1, requires 1) to pool fishing is organized as a joint stock company, a limited liability company, a partnership or an association, 2) to a pool fishery, which is organized as an association, to provide security at 125,000 DKK in the form of a bank guarantee or other reassuring security for claims resulting from violations of the fisheries legislation in the context of fisheries in pool fishery unless the participants shall be liable personally for such requirements, as pool fisheries might incur, and 3) to participants in the pool fisheries undertakes to allow the 2-year allocations of fishing rights be included in the pool fisheries.
(2). A permit pot fisheries may be granted only for a period of 13 months from the 1. January in a year to the 1. February of the following year. If pool fishing within the 13-month period, have applied for permission to pool fishing for the following 13-month period from 1 July 2001. January, applies a permission to do so, however, already from the 1. January. A pot fisheries may not be dissolved during the period, the permission is given for the meaning. However, section 36 d. fishing rights, forming part of a pot fishery, must remain in the pot fishing in the 13-month period referred to in article 6. However, paragraph 4.
(3). At the expiry of the authorisation to a pot fishery must be the person responsible for the pool or all the fishing vessel owners, whose vessels are covered by the relevant pool fishing, notify the Minister of food, agriculture and fisheries, how the pot fishery included fishing rights will then be distributed among the participants. If the Minister has received no information on the distribution of 14 days after the expiry of the permit, the Minister shall distribute the fishing rights between the participants. However, this does not apply if an application for a permit for the pool fisheries with the same participants for the following 13-month period from 1 July 2001. January is met, or if authorized pursuant to section 36 c, paragraph 1, to a pool participant may enter into a new pot fisheries.
(4). The Minister may lay down rules on, 1) that notwithstanding the provisions of paragraph 2 may be granted permission for the fishing rights, which forms part of a fishing pool, an application can be deleted from the pool fishing before the end of the provided for in paragraph 2 13-month period, including in connection with trading of fishing rights, vessel replacement, etc., 2) to a permit in accordance with rules laid down under point 1. 1 can be granted only if the lodging of a security in the form of a bank guarantee or other comforting assurance requirements as a result of the decision in a pending criminal proceedings concerning offences in the pool draw, fishing, 3) submission of application for authorisation under point 1. 1 and 4) documentation for the fulfilment of the conditions laid down in point 2. 2 and (1) (8). 1-3. § 36 b. If fishing in a pool fishery has resulted in exceeding of fishing rights, which are the subject of the question pool fisheries, Minister for food, agriculture and fisheries, to take a decision on the reduction of fishing rights, which are the subject of pot fishing, or fishing rights, as in the following year included pot-fishing. A reduction of the fishing rights may exceed the actual overshoot of fishing rights.
(2). If a decision on reduction of the fishing rights referred to in paragraph 1 is particularly intrusive economic importance for the participants in that pot fishing, can pool fishing require the decision brought before the courts. The request must be made to the satisfaction of the Minister within 4 weeks after the decision is communicated to the pool fisheries. The Secretary of State brings an action against pool fishing in the civil procedure forms. Request for legal action has no suspensory effect.
(3). A decision under paragraph 1, which are very disruptive economic importance for the participants in the pool fishery, must contain information on access to judicial review in accordance with paragraph 2 and on the deadline for doing so.
§ 36 c. the Minister of food, agriculture and fisheries may permit a participant in pool fishing for application can terminate the pot fishery after the end of the 13-month period for which the authorization is given for the meaning. section 36 (a) (2), and then, but in the 1. March, join in a new pool fisheries with effect from the previous 1. January and to the 1. February in the following year, on condition that the pool, 1) fishing, as the applicant resign from, has carried out the inventory and distribution of fishing rights pursuant to section 36 (a) (3) 1. point, 2) that there has been a reduction of the fishing rights in the fisheries, as the applicant leaving the pool, if there is a decision under section 36 (b), and (3)) have been carried out the estimation of the fishing rights in the new pool fisheries.
(2). As a condition of authorisation pursuant to paragraph 1 the Minister may require collateral in the form of a bank guarantee or other comforting assurance requirements as a result of the decision in a pending criminal proceedings relating to infringements in the draw, pot fishing, as the applicant resign from.
(3). The Minister may lay down rules concerning proof of fulfilment of the conditions laid down in paragraphs 1 and 2 and on submission of the application for authorisation in accordance with paragraph 1.
section 36 d. Notwithstanding § 36 (a) (2), the Minister may permit a participant in a pool fishery after application can terminate the pool fishing before the end of the 13-month period for which the authorization is given for, if 1) his or her vessel is taken over by an estate or a bankruptcy estate, 2) the concerned due to illness are unable to engage in fishing or 3) there are other special circumstances.
(2). Authorisation in accordance with paragraph 1 may be granted only if 1) the other participants in the pool fishing gives consent to the withdrawal and 2) pot fisheries make an inventory and distribution among the participants of the rights and obligations per the withdrawal date, which can be approved by the Minister. In the inventory and distribution must be included with any requirements on the reduction of the fishing rights according to the decision under section 36 (b), paragraph 1. As a condition of approval, the Minister may require collateral in the form of a bank guarantee or other comforting assurance requirements as a result of the decision in a pending criminal proceedings relating to infringements of the pool draw, fishing.
(3). The Minister may lay down rules concerning proof of fulfilment of the conditions laid down in paragraphs 1 and 2 and on submission of the application for authorisation in accordance with paragraph 1.
§ 36 e. Notwithstanding § 36 (a) (2), the Minister for food, agriculture and fisheries, lay down rules to the effect that a vessel owner with its fishing rights can occur in a pot fishery after the commencement of the 13-month period for which permission to pot fisheries are given for, including if 1) the question as first-time established in accordance with rules issued by the Minister has been given permission to acquire quota shares from other vessels or to receive quota shares on loan basis or 2) the owner of the vessel concerned has taken over his vessel from a current or former participant in that pool fisheries.
(2). Authorisation in accordance with paragraph 1 may be granted only if 1) all participants in the pool fisheries applied for permission to join in, gives consent to the requested event and 2) made an inventory of fishing rights and obligations per entry date in the pool fisheries applied for permission to join in, as may be approved by the Minister.
(3). The Minister may lay down rules on submission of application for entry into the pool fisheries, including evidence of fulfilment of the conditions laid down in paragraphs 1 and 2. '
section 37. A licence pursuant to section 36, paragraph 1, may not be transferred without the approval of the Minister for food, agriculture and fisheries. The Minister may lay down rules concerning the terms and conditions for the approval of the transfer of fishing rights under a permit.
(2). The Minister may revoke an authorization granted under section 36, paragraph 1, and a right that is approved to be transferred in accordance with paragraph 1, if the holder has been guilty of serious or repeated breach of the conditions laid down in the authorisation. If a permit to operate a pool fisheries are withdrawn, see rules in section 36 (a) (3) shall apply.
(3). In connection with the revocation of an authorization may be notified to the holder that this can not be issued a permit for a period of up to 1 year. In the event of withdrawal of a permit will lapse right to catch the catch, which was assigned for the period in question, as this right is not transferable by the holder. This provision applies whether the fishing right, which is attached to the permit, are part of a pool fishery, see. § 3, nr. 2. the provisions of paragraph 4. If a violation resulting in revocation of a permit in accordance with paragraph 1 is committed by a vessel covered by a pool fishery, the Minister may inform the holder that this cannot be allowed to participate in a pot fishery the following year.
(5). A decision taken pursuant to paragraphs 2 to 4 shall include the right to apply for judicial review and whether the deadline for doing so.
(6). A decision in accordance with paragraphs 2 to 4 may by permit holder required brought before the courts. The request shall be submitted within four weeks after the satisfaction of the Minister that the revocation is notified to the holder. The Secretary of State brings an action against the proprietor of the civil procedure forms. Request for legal action has no suspensory effect.
Chapter 8 Rules relating to vessels for commercial fishing in salt water, § 38. It is not permissible to use a vessel for commercial fishing in salt water, unless the vessel is registered with the permission of the Ministry of food, agriculture and fisheries, and at the same time is registered in economics and business.
(2). The Minister of food, agriculture and fisheries may, for the purpose of adaptation of the fishing fleet capacity to the available fishing opportunities, lay down rules on the issuance and maintenance of licences and the conditions attached thereto, as well as on the registration in the Ministry of food, agriculture and Fisheries vessel register. The Minister may determine, including the authorisation and registration can be canceled if the conditions for the issue of authorisation and registration are no longer fulfilled.
(3). The Minister shall lay down rules to the effect that the granting and maintenance of authorisation as provided for in paragraph 2 is subject to the condition that the fishery operated in such a way that there is a real connection to the Danish fishing port.
(4). The Secretary of State may also establish rules under which vessel refit, which increase the catch capacity, be made subject to a special authorization.
§ 39. Permit issued in accordance with the rules laid down pursuant to article 38, paragraph 2, may be issued only for vessels for 2/3 of which are owned by persons who are registered as eligible to operate commercial fisheries under section bierhvervs or section 14 or 17 or under rules established thereunder or pursuant to authorization under section 21 (1). Permission may also be issued to companies which have been authorized under section 16 (1) and (2).
(2). If a vessel changes ownership, lapse the authorization to use the vessel for commercial fishing, if the new owners do not meet the conditions laid down in paragraph 1. Authorisation lapses also, if the persons or companies who own the vessel, no longer meets the conditions laid down in paragraph 1. The Minister of food, agriculture and fisheries can also see. section 38 (2), quiet conditions for that authorisation to use a vessel for commercial fishing will lapse, if the vessel is transferred, or if the vessel owner shall cease to use this for commercial fishing.
(3). The Minister of food, agriculture and fisheries can grant exemption from the provisions of paragraphs 1 and 2 for a defined period of time, if a vessel is taken over as part of the debt payment or in commercial trade with vessels. The Minister may also grant exemption if the change happens by inheritance or acquisition of undivided live.
(4). The Minister may grant derogation from paragraphs 1 and 2, as it allowed a company pursuant to section 16, paragraph 4, to acquire a vessel in place of a shipwrecked vessel. The newly acquired vessel must have at most the same fishing capacity as it sank.
(5). The Minister may lay down rules to the effect that the authorization to use the vessel for commercial fishing will lapse, if notification of change of ownership is not received at the Ministry for food, agriculture and Fisheries, within 30 days after the change.
Chapter 9 regulation of the recreational fishery section 40. The Minister of food, agriculture and fisheries shall, in establishing rules on the pursuit of pleasure and recreational fishing put the emphasis on that bright and recreational fishing are exercised in such a way as to take account of the protection of fish stocks and fish care plans, see. § 62.
Chapter 10 Special rules for fresh water (A). period of validity of the Special rules for freshwater areas section 41. For flooded land and artificially brought forth fresh waters that are not included as part of or in lieu of parts of a natural river system or have drains to salt water, the only sections 30, 32, 109, 117-123 and 130-134.
(2). The Minister of food, agriculture and fisheries may, however, lay down rules to the effect that the law's other provisions also apply to the areas referred to in paragraph 1, if this is required in the interests of securing stocks of fish or, incidentally, has fiskerimæssig importance.
§ 42. Apart from food channels apply sections 32, 33, 48 and 63-65 shall not apply to the portion of an artificially landscaped and lawfully existing fish farms, duly afgitret from other waters.
(2). sections 32, 33, 48, 50-52 and 63-65 shall not apply to waters, who only have one owner or owned by the Government, corporations or similar, and that do not have drains to Lake, river or beach, or if drains are of a such that fish cannot pass it. The Minister for food, agriculture and fisheries may, however, lay down rules to the effect that the in 1. PT. those provisions shall apply.
B. Fish passage by blocks and draining off water, etc. in the freshwater section 43. River authority in accordance with the law on watercourses can impose on the owner of the voice work, crash, mill, meadow irrigation system, industrial plants or similar works to establish and maintain fish passage at the installation as well as lay down conditions for furnishing and operation of fish passage. The provision of 1. paragraph shall apply mutatis mutandis for the owner of a at installations installed turbine. The rules on the injunction, complaint and punishment in law on watercourses shall apply mutatis mutandis at the River Authority's decision after 1. and 2. PT.
(2). Are the facilities referred to in paragraph 1 shall be brought or a turbine installed after the 19. July 1898, held the cost of establishing and maintaining fish passage by the owner. The same applies, if the plant is brought or the turbine installed before the 19. July 1898, but that after this point is made or changes in the plant's turbine or interior design or use.
(3). It may not be imposed on him or her owner to establish fish passage if the costs and disadvantages of the establishment is not proportionate to the intended purpose.
§ 44. The owner of the installations listed in § 43 shall, at its own expense, place and maintain one or more eel passes by the facility.
(2). The Minister of food, agriculture and fisheries can lay down rules about interior design, Setup and maintenance of the eel passes as well as rules about, during which period eel passes to work.
§ 45. The Minister of food, agriculture and fisheries may lay down rules to the effect that the owner of the installations listed in § 43, at its own expense, shall place and maintain a passage of udvandrende fish in the installation, as well as rules on the construction and operation of the crossing.
§ 46. The Minister of food, agriculture and fisheries may lay down rules to the effect that by the installations listed in § 43, powered by turbines must be placed in such a grid, so that all the water to and from the turbine passes through the grid.
§ 47. Affixed to a fish farm with water from a stream, there must in any inlet and any expiration placed grid or similar.
section 48. In the context of a permit pursuant to the law on water supply for draining off water to engvanding, etc. may require municipal grid affixed to prevent fish passage.
§ 49. The Minister of food, agriculture and fisheries can lay down the rules for the affixing, design and approval of it in sections 46 and 47 referred to grid.
C. Blocking the fishing facilities in the freshwater section 50. Blocking the fishing facilities and other types of blocking fishing gear of any kind must not be used in fresh water, unless they are in the 1. January 1995 was notified and registered in Ministry of agriculture and fisheries.
(2). The Minister of food, agriculture and fisheries may lay down rules on the use of blocking fishing devices which do not comply with the rules laid down under section 32 (1), but which is legally established and maintained pursuant to paragraph 1.
§ 51. There shall be exercised pursuant to section 50 fishing with blocking devices, they can catch legitimate fisheries that have fish cooked in whole fish length, over the water for that travel demand to this fishing ceases against full compensation.
(2). The Minister of food, agriculture and fisheries delimiter fish length and water shall decide whether the request should be met taking into account the cessation of fishing activities will promote hiking opportunities essential to exploit the fish spawning and nursery sites across river system or a substantial part thereof.
(3). Fisheries eligible pursuant to paragraph 1 are property owners or tenants of fisheries law, who can prove that their leasehold lasts at least 10 years after the claim is raised.
§ 52. (Repealed).
D. Midtstrømslinjen § 53. River authority in accordance with the law on watercourses determines how midtstrømslinjen in fresh water goes, just as the authority shall determine the boundary between Lake and Creek.
(2). The Minister of food, agriculture and fisheries or fisheries is justified in that water area may ask the river authority to take a decision in accordance with paragraph 1.
(3). River Authority's decision cannot be brought before another administrative authority.
Chapter 11 Fishing signs and tokens section 54. All engaged in fishing, see. section 26, must have a valid fishing license. Exceptions are persons under 18 years of age and persons who have the right to receive old-age pension.
(2). Anyone who engaged in recreational fishing, see. § 27, must have valid tokens.
(3). Persons who have valid tokens, may engage in angling without having fishing character.
§ 55. Notwithstanding section 54 requires that no fishing signs and tokens by fishing in waters owned by individuals, public bodies, corporations, or similar, and that do not have drains to Lake, river or beach, or if drains are of a such that fish do not pass it.
(2). In fresh water is the landowner and his household exempted from the requirement regarding fishing signs and tokens when fishing is carried out in the fishing waters, adjacent to the ground.
(3). In salt water is the landowner and his household exempted from the requirement regarding fishing signs, when fishing takes place during the stay at the seashore, which is governed by reason.
section 56. The Minister of food, agriculture and fisheries shall issue fishing signs and tokens.
(2). Fishing signs may be issued with a validity period of 1 day, 1 week or 12 months. Tokens can be issued with a validity period of 12 months.
(3). The price for the angler for 12 months is DKK 125, for 1 week and 1 day 90 KR. 30 kr. With effect from 1 January. January 2009 is the price of angler for 12 months 140 DKK, 100 DKK for 1 week and 1 day 35 kr.
(4). The price of pleasure sign is 250 us $. With effect from 1 January. January 2009 is the price of pleasure sign 275 kr.
(5). The Minister of food, agriculture and fisheries can having regard to price and wage developments establish rules amending the price of fishing signs and tokens.
(6). The Minister may lay down rules on the payment of fishing signs and tokens, including requirements for proof of payment and for the administration of the scheme.
§ 57. (Repealed).
§ 58. Proof of payment for fishing signs, tokens and credentials must be carried during fishing.
(2). Fishing signs and tokens and proof of payment of which are personal and may not be transferred to others.
section 59. (Repealed).
section 59 (a). The carrying on like-or recreational fishing, by conviction for offence in the event of serious or repeated violation of the too bright or recreational fishing rules in force to be denied the right to exercise this fishing for a period of up to 1 year.
(2). In place of the decision by judgment in accordance with paragraph 1, the Minister of food, agriculture and fisheries indicate that the case can be settled without judicial proceedings, if the person who committed the offence is guilty of the offence and acknowledges, declare their readiness to within a specified time limit may be extended upon request, to pay a fine and adopt a declaration specified in the prohibition of the pursuit of pleasure and recreational fishing in a manifestation in the specified period of time of up to 1 year.
(3). With regard to the indication referred to in paragraph 2 finds the provision in the Civil Code section 831 (1). 2 and 3, on the substance of an indictment by analogy.
(4). A decision in accordance with paragraph 1 or a decision under paragraph 2, under which bright-and recreational fishing should not be exercised for a period of time, does not have the right to total or partial refund of paid fishing license.
section 60. Persons who exercise feel like-or recreational fishing, and that is not at the request of the inspection authority presenting proof of payment and identification shall, within 14 days after the order for pay an amount. In 2008 represents the amount of anglers 500 kr. In 2008 represents the amount of recreational fishermen 1000 DKK From the 1. January 2009 up to the amount of DKK 560 for anglers and 1100 DKK for recreational fishermen.
(2). If the inclination or tokens were paid when fishing took place, and evidence be presented no later than 14 days after demand, an amount which shall be paid in 2008 for anglers represent 62 DKK and for recreational fishermen represent 125 DKK From the 1. January 2009 up to the amount of 70 DKr. for anglers and 137 kroner for recreational fishermen.
section 61. Funds from fishing signs and tokens used for 1) fish care, including for restocking of FRY and fingerlings, as well as measures and research, which, moreover, have an impact on reproduction, growth, etc. of fish stocks, and 2) administration and information on fish care and on angling and pleasure character schemes.
(2). The funds can also be used for monitoring compliance with the rules relating to bright-and tokens.
Chapter 12 Fish care and releases, etc.
A. Fish care § 62. The Minister for food, agriculture and fisheries, prepares for a period of one or more years a fishing plan for the care and use of revenues from fishing and pleasure sign. The Minister must ensure that the total fishing effort of care meets all water areas and a wide range of fish species.
B. Releases, etc.
section 63. Artificial restocking or transplantation of fish, their eggs and FRY are not allowed unless 1) it is carried out in accordance with a plan that has been prepared or approved by the Minister for food, agriculture and fisheries, Minister for special permit available) 2 or 3) which has ruled to that effect by a landvæsensret.
(2). The Minister may lay down rules on restocking and stock of fish, tadpoles and eggs for restocking.
section 64. The Minister of food, agriculture and fisheries can lay down rules that companies and individuals can be authorized to make releases and other activities with a view to addressing the concerns of fish care.
(2). The authorized are entitled to on presentation of proper identification to move over the land and private roads, adjacent to the waters in which the release is to take place.
section 65. The Minister of food, agriculture and fisheries, taking into account the hauls can take special provisions for the exercise of fishing operations, including issue completely or partially ban on fishing for a specified period of time.
Chapter 13 Farming in salt water section 66. The farming of fish in Danish fishing territory may only take place with the consent of the Minister for food, agriculture and fisheries.
(2). An application for authorisation in accordance with the law applicable at the same time as the application for authorisation in accordance with other legislation. The Minister may fix the terms of a permit, including time limits, sampling and evidence of collateral in the form of either insurance or a bank guarantee to cover the costs of the installation's termination. The Minister shall lay down further conditions pursuant to other legislation, as laid down by the competent authority.
section 67. The Minister of food, agriculture and fisheries can lay down rules for the authorisation of establishment, exploitation and operation of fish farms, as well as about the fact that a permit requires that the applicant meets the requirements for practical and theoretical training. The Minister may also lay down rules to the effect that the rights under a permit for the creation, exploitation and operation of fish farms can be transferred.
section 68. (Repealed).
section 69. There must not be obstacles in the way of legal farming business.
section 70. The Minister of food, agriculture and fisheries may issue rules on completely or partially ban on fishing at breeding the plant's area and in a specified distance from fish farms.
(2). The Minister may permit the owner of a farm and that, moreover, is responsible for the operation of the plant, can capture the escaped fish from the plant with specified gear.
Chapter 14 Mutual code of conduct between fishermen a. Spacing rules, etc.
§ 71. The Minister of food, agriculture and fisheries may in order to avoid inconvenience to other fisheries, lay down rules for the exercise of fishing or other code of conduct for the fisheries sector, including the obligation to take special measures to ensure that fishing gear, etc. is not to inconvenience to others.
section 72. The who have begun drawing up legal instruments, has priority over other fishermen, and there must not be obstacles in the way of this, as long as the disposition of goods or fishing tools are exercised.
B. privileges in salt water section 73. The Minister of food, agriculture and fisheries may lay down rules to the effect that persons or companies who are entitled to operate commercial fishing under section 11 (1) (8). 1-4, can acquire and retain right of first refusal to fish on certain seats for up to 6 years with specified types of fixed gears.
(2). The Minister may lay down rules on the registration of preferential rights, see. paragraph 1, and that the allocation of rights shall be made by drawing lots among several fishermen, commercial fishing companies and fishermen bierhvervs. There can be provided for, including the bierhvervs fishermen can only participate in the draw on an equal footing with commercial fishermen on the seats, if the former has driven fishing from those places, and that the period acquired preference to, may be shorter for bierhvervs fishermen than for professional fishermen.
(3). The Minister may lay down rules to the effect that a preference is retained for people who inherit or sitting in undivided bo after the holder of a right of first refusal.
§ 74. Fishing must not be exercised in such a way that there is interference in the in section 24 replaced the mentioned ålegårds-and other special rights. The protection of the privilege applies, while fishing gear are exposed and not longer than for the 30. November of that year.
(2). It is a condition for continuing the exercise of the right referred to in paragraph 1, to 1) the mesh outer hovedpæl and one of the mesh inner piles, which together with the main-marker indicates the direction of the direction, exposed before the 1. August of that year, 2) rad and nets in the fishing order exposed before 10. September in that year, and (3)) the ingested gear space with precise indication of the square's location in the 1. August in the year in question are notified to the Ministry for food, agriculture and Fisheries.
(3). Main pile must be marked and labelled in accordance with the under section 32, paragraph 1, the rules laid down.
(4). Fishermen, who will put their gear in or out of copyright holder's marked or ingested fishing ground, shall before 1 January 2002. September in that year clearly mark the spot where they want to put their fishing gear.
C. Replace § 75. Caused damage to the fishery legally under exposed and properly marked fishing gear or fish farms, without the relationship is subject to section 83, the damage will be replaced by the carrying on fishing or allows it to exercise, unless the offender can establish that the damage could not be averted by the usual vigilance.
Chapter 15 Fisheries relationship towards other activities a. provisions for the protection of the fishery general provision § 76. There must be no obstacles for lawfully engaged in fishing activities.
Measures, etc. in saltwater areas § 77. Measures or interventions which may cause disadvantages or prevent fishing in saltwater areas, make the bottom conditions unsuitable for fishing or otherwise affect fauna and flora on fishing territory, must only be carried out after authorisation.
(2). If measures or interventions on the fishing territory, see. paragraph 1, does not require the permission of the other authority pursuant to law or the State's sovereignty over territorial waters, measures must be carried out only with the consent of the Minister for food, agriculture and fisheries.
(3). In cases where authorisation is issued by the other authority, this is done after negotiating with the Minister of food, agriculture and fisheries.
§ 78. There can only be issued permission for measures or interventions which can get the in section 77, paragraph 1, the said effect, when 1) taken a final position on the issue of compensation in relation to the commercial fishermen who normally engaged in commercial fishing, on the spot, and if earnings will be affected by the measure or procedure, 2) have begun negotiations on any compensation between the implementing measure or procedure, and the commercial fishermen who normally engaged in commercial fishing, on the spot, and if earnings will be affected by the measure or procedure, or 3) the issue of any compensation to the affected fishermen have been referred to a decision by a Board regulation. sections 79 and 80.
(2). By permission for mining and quarrying in accordance with law on raw materials shall apply paragraph 1 only if the authorization relates to mining and quarrying for use by large stand-alone works, and the permit issued to the developer.
§ 79. The Minister of food, agriculture and fisheries or other authorizing the Ministerial Regulation. section 77, paragraph 2, shall, at the request of the fishermen concerned or the implementing measure or procedure, refer questions about possible compensation for final administrative decision by a Committee. The request can be made both before and after the granting of a licence pursuant to section 77, paragraph 1. The minister in question provides for the setting up of a Committee, then see. section 80.
(2). The minister, who shall establish the Tribunal may require the party requesting that the Committee be set up, to provide security for the costs of the proceedings.
section 80. The Board referred to in section 79 shall consist of 3 members.
(2). The Minister of food, agriculture and fisheries shall designate two members. If permission under section 77 shall be issued by the other authority, however, one member designated by the responsible minister. The 2 members shall appoint in agreement a 3. Member who is Chairman of the Board. If no agreement is reached on the election of the President, shall be appointed Chairman of the President for the High Court.
(3). The Board determines the form and procedure can himself to guide on-call experts discretionary men who have special knowledge of the fisheries affected by the measure in question.
(4). The Tribunal shall decide finally who should pay the costs and the amount thereof.
(5). Any fixed compensation paid within fifteen days after the decision is served on the liable, unless otherwise determined by the Board.
(6). Execution of the Board's decision is a conditions for that authorisation message or maintenance.
(7). The compensation may be wholly or partially attributed to the local fishermen's Association for use in accordance with the Association's rules to cover incurred losses.
Measures in freshwater areas section 81. Before taking to the freshwater areas of the authorities shall be issued an authorisation or decision relating to the change of opstemninger, industrial plants and turbines in streams, or an authorization or taken measures, which, moreover, can have an impact on fish passage, fisheries and fish fauna, plans must be submitted to the Minister of food, agriculture and fisheries.
B. Relationship to the boating and shipping section 82. The Minister of food, agriculture and fisheries can establish rules that ensure that fisheries do not obstruct or impede a safe navigation, including establishing rules on marking, the placing and removal of gear, Poles, etc., as well as the manner in which the costs for removal of Poles placed against the rules to be held.
(2). Rules adopted pursuant to paragraph 1, which apply in salt water, determined after negotiation with the Minister for economic and business affairs and the Defense Minister.
section 83. Causing damage to a vessel legally vulnerable and securely marked gear, the shipowner is obliged to make good damage, unless it is established that the damage could not be averted by the usual vigilance.
C. rights in relation to coastal owners in saltwater areas § 84. One or more professional or bierhvervs fishermen may be required to set up a Committee to determine whether a landowner must accept that a defined place on the beach or the best available location can be used for casting the net of both) 1, 2) holding and provisioning tools and 3) dry space for tools with the necessary yarn houses.
(2). In the context of a decision in accordance with paragraph 1, the Committee also takes a position on the compensation to be paid by the fisherman or fishermen to land owner for the use of the site. Decision on the amount that can be taken for 5 years at a time. The compensation shall be paid annually in advance, before the square is taken into use.
(3). The Committee shall be set up, and 3 members shall be appointed by the competent District Court. One of the members shall be appointed under the terms of his expertise on fisheries. The Tribunal shall take final administrative decision.
(4). In determining whether the square may be used, assess whether it is necessary for the exercise of a profitable fisheries, that the request be accommodated, in conjunction with the gene, it will mean for the owner, to be given access to use the square.
(5). The Board decides which of the parties who must pay the costs and the amount thereof. The cost must be paid within 15 days after the decision has been served.
(6). The issues referred to in paragraph 1 may by fishermen or by the landowner at the earliest again brought before a Board of 5 years after the decision.
D. Liability rules in freshwaters
§ 85. Anyone who wrongfully have fished in a fishing waters or in areas where another is entitled either to the entire fishery, or to fish for that species in fresh water, to replace the fishing legitimate loss.
(2). Anyone who violates the ban in law or other legislation and rules established thereunder, shall replace the fisheries officer and the public the damage that might be caused. The same is true for breaches of regulations, decisions, orders, agreements, etc., concluded in accordance with the law or laws in the past, see. sections 139 and 140.
(3). Claims for compensation for the public can be made by the Minister for food, agriculture and fisheries, the affected Municipal Council as well as the Danish sports fishing Federation, freshwater fishing Association for Denmark and the Danish fishermen's Association.
Chapter 16 first-time movement of fish (A). The authorization for the first-time placing on the market and for the organisation of public fish auction § 86. Only persons, firms and corporations who have a licence for that purpose issued by the Minister for food, agriculture and fisheries, must drive independent company with an initial circulation of fishes, which shall mean turnover, etc., see. § 3, nr. 5, of the fish in the first stage by 1) public fish auction, 2) receipt or purchase of fish without public fish auction, 3) receipt of fish in Commission as an agent or similar, 4) collection Center and fish sorting, 5) other forms of receipt and storage of fish and 6) imports of fish.
(2). Authorization to the obligation imposed in paragraph 1, for the same lot fish include more people and businesses.
(3). Persons and companies transporting fish after landing, are not covered by the requirement for an authorization for an initial circulation of fish. However, in the interests of verification, the Minister may lay down rules and issue decrees that such carriers must have authorization.
(4). The Minister may determine that the rules for first time circulation of fish also should include marketing of own fishing or farming directly to the consumer, to export or trade.
(5). The Minister may lay down rules, under which specified fish, including imported fish, be exempted from the rules laid down in this chapter.
section 87. It is not permitted to sell or deliver fish to authorization to persons, firms or companies that do not have authorization.
B. Issuance of authorization section 88. Grant for first-time movement of fish can be communicated to persons who fulfil the conditions laid down in paragraph 2. There can also be an authorization to companies according to the rules laid down in paragraphs 3 and 4.
(2). Persons can obtain authorization under paragraph 1, when they have Danish citizenship, 1) is a national of one of the other EU or EEA member countries or have residence and work permit in this country, 2) residing in this country or in one of the other EU or EEA member countries and 3) are adult and not under guardianship or samværgemål after the guardianship law.
(3). In the partnerships and limited partnerships must all personally responsible participants meet the conditions referred to in paragraph 2.
(4). That authorization may be granted for public limited companies and private limited companies and other companies with limited liability, pursuant to the company law are registered or notified as being during the registration or incorporation of economic and business affairs, when directors and a majority of Board members as well as holders of a dominant shareholding or share satisfies the conditions laid down in paragraph 2.
section 89. By appropriation for the organisation of public fish auction is required in addition to the requirements referred to in § 88 of persons that he or she is not under suspension of payments, does not have his bo during the composition or bankruptcy proceedings and does not have significant overdue debts to the public, which shall mean amounts in the range of DKK 50000 and above.
(2). In the partnerships and limited partnerships must personally responsible participants comply with the conditions laid down in paragraph 1.
(3). The holder of an authorization referred to in paragraph 1 may only exercise other professional activities related to the fishing industry after authorization from the Minister of food, agriculture and fisheries.
section 90. The Minister of food, agriculture and fisheries may permit authorizations shall be issued, even though they are in sections 88 and 89 said conditions have not been met.
section 91. The Minister of food, agriculture and fisheries shall lay down the detailed rules for the granting and maintenance of authorisation, including the fact that the authorization is subject to the law and the terms, conditions, and notices provided pursuant to law and other legislation relevant to the concession provider are complied with.
(2). The Minister may, for purposes of verification of compliance with the conditions for authorisation laid down in accordance with paragraph 1 obtain information with other public authorities, including information relating to offences, income, property, sales tax payments, etc.
section 92. Appropriation to individuals can be denied if 1) applicant within the preceding 5 years is found guilty of an offence may give grounds for believing that the person does not want to drive the business on sound manner, 2) applicant's authorization for an initial circulation within the preceding 5 years, been revoked, and there is reason to believe that the person will not drive the company on sound manner or 3) Moreover, in the absence of information on the question, which gives reason to believe that the person will not drive the company responsibly.
(2). In the partnerships and limited partnerships may appropriation be refused if that whether one of the participants in the absence of information, as provided for in paragraph 1 may justify refusal of authorization.
(3). Is the applicant a limited liability or anpartsselskab or another company with limited liability, the appropriation shall be refused if that whether a member of the company's management or Board of directors or of the holder of a dominant shareholding, share or similar information, as referred to in paragraph 1 may justify refusal of authorization.
(4). By denial of appropriation referred to in paragraph 1 will be submitted at the earliest subsequent application for authorization one year after the decision.
C. discontinuance or withdrawal of authorization section 93. The authorization will lapse if it has not been utilized in 12 consecutive months, or when the holder dies, see. However, section 94. The same applies where the holder no longer fulfils the conditions set out in sections 88 and 89 in order to obtain authorization.
(2). Where new members in a partnership or limited partnership, or occurs in a public limited-liability company or another company with limited responsibility of the new members of the Executive Board or supervisory board, or happens the transfer, thereby achieving a dominant shareholding, share or similar, must be made within 14 days notification thereof to the Ministry for food, agriculture and Fisheries, which determines whether an authorization may be maintained or whether the authorization on the basis of the changes must be canceled without prejudice. section 92.
(3). The Minister of food, agriculture and fisheries can grant exemption from the provisions of paragraph 1.
(4). The Minister may lay down special rules for the concession will by appropriation of public fish auction.
§ 94. Upon application to the Minister of food, agriculture and fisheries, an estate, a spouse who is sitting in the undivided bo, a bankruptcy estate or a guardian of a person under guardianship be allowed to continue, the bankrupt's deceased person under curatorship or company for the purpose of liquidation, sale or similar of the company. The operation will in all cases should be carried out by a person who is authorized under section 97.
(2). Authorization to pursue public fish auction can only be maintained if the obtaining the authorization complies with the conditions laid down in sections 88 and 89.
section 95. The Minister of food, agriculture and fisheries may revoke the authorization if the holder of the authorization is guilty of gross or repeated violation of the conditions attached to the authorization. The decision shall contain information on access to judicial review pursuant to section 96 and the deadline for doing so.
(2). In the event of withdrawal of authorization shall be notified to the holder of the authorization, that this will be able to apply for authorization at the earliest after 2 years.
section 96. A decision pursuant to section 95 of the holder of the authorization may be required brought before the courts. The request must be made to the satisfaction of the Minister for food, agriculture and fisheries, within 4 weeks after the revocation of the authorization has been granted. The Secretary of State brings an action against the holder of the authorization of the civil procedure forms.
(2). Request for legal action has no suspensory effect. The Court may, however, provide to the person concerned during the proceedings must operate at specified conditions.
D. rules for the operation of the concession service provider § 97. The day-to-day operations of the concession provider should be carried out by the holder of the authorization itself or by a manager who is approved by the Ministry of food, agriculture and fisheries.
(2). Carried on the business from several places of business, can only one of these is carried out by the holder of the authorization. The operation of the other establishments shall be carried out by authorized managers.
(3). Authorization holder is a company or similar, should the operation be carried out by an authorized Manager.
(4). With regard to the approval of the managers as well as denial, cancellation and revocation of approval of superintendents, the provisions of § § 88, 92, 93, 95 and 96 shall apply mutatis mutandis. For Superintendents to public auction houses also applies to section 89.
section 98. The Minister of food, agriculture and fisheries can prohibit a holder in his company lets anyone who does not fulfil the conditions for obtaining authorization, responsible for receiving fish or complete a purchase or sale, or any other similar activity.
section 99. The Minister of food, agriculture and fisheries may lay down detailed rules concerning the obligations under the law and the Community acts referred to in article 10 may be subject to an authorization to the holder in connection with the exercise of the right of authorization to the service provider, including rules about 1) duty to require suppliers and their representatives identification and documentation of purchased or received fish, 2) drafting of bills, packing slips, timesheets, etc., and 3 roads) reporting to the Ministry of food , Agriculture and fisheries of bought, sold or received fish.
(2). The Minister may lay down rules about including that information and written documentation relating to the operation, etc. upon request or on an ongoing basis be submitted to the Ministry for food, agriculture and Fisheries. In addition, the Minister may lay down rules to the effect that for the holder of the account is done weighing of fish, which are covered by the company's activity, using either authorized or accredited weights and measures or by the use of approved and inspected weighing scales.
E. Special public auction § 100. Until 1 January 2008. January 2002 may not be issued more appropriations for public fish auction in a port where there before the 1. January 2000 has been granted authorization to use the public fish auction.
(2). Notwithstanding the provisions of paragraph 1, the request shall be issued more appropriations from the time when the original holder disclaims the authorization or the auction of other reasons not maintained by the holder of the authorization.
§ 101. The Minister of food, agriculture and fisheries may lay down detailed rules for the operation of the public auction houses, including the new auction types.
Chapter 17 Management of production levies § 102. The Minister of food, agriculture and fisheries can lay down rules for the establishment of one or more produktionsafgifts funds, which will administer the taxes referred to in paragraph 2.
(2). The Minister may, on the recommendation of the article 104, paragraph 1, the said boards lay down rules on the payment of taxes on the fish landed, reared, prepared or translate here in the country, or on identical goods imported into the country, as well as about the extent to which such charges should be refunded for fish when used as material in industrially manufactured goods. The charges are part of a produktionsafgifts Fund for each sector, in accordance with article 3. (1) where the collection takes place.
(3). The Minister shall lay down rules on the payment of the public funds referred to in paragraph 2.
(4). The Minister may permit a produktionsafgifts Fund, see. (1) receives other revenue than those listed in paragraph 2 above.
§ 103. Funds from the funds referred to in article 102 shall apply to measures and subsidies to fish care, improvement and adaptation of the fisheries and aquaculture structures, counselling, education, disease prevention, disease control and control as well as business and financial measures, including promotion, research projects and experiments which are in the interests of the fishing industry, as well as in addition to the measures that the Minister for food, agriculture and fisheries approves. The Minister may also authorize funds shall bear the cost of fees to members of the funds ' boards. In addition, the funds are used to cover the costs of control over proper use of the funds. The funds must be used within that part of the fishing industry, where they are charged.
section 104. Each Fund is managed by a Board of directors appointed by the Minister for food, agriculture and fisheries. The funds ' statutes must be approved by the Minister. Each Board is made up of both representatives of producer organisations and sectoral interests as representatives of the public interest. The representative producer organisations and inter-branch organisations shall act in agreement about 2/3 of each Board members. Consumer Council, Business Council of the labour movement, independent research and the Strategic Research Council pronounce themselves jointly about 1/3 of each Board members. The boards shall be appointed for a period of 4 years.
(2). The Board must ensure that the management of the funds is in accordance with the law, the rules in implementation thereof and legislation in General. The Minister may remove a member of the Board, which has contributed to decisions contrary to those provisions.
(3). The Minister may issue orders to the Board to end the relationship, contrary to the law, against the rules set out in the implementation thereof, and against the law, moreover, in accordance with the determination.
§ 105. Budgets and financial statements for individual funds must be approved by the Minister for food, agriculture and fisheries, on the recommendation of the relevant Board of Directors.
(2). The Minister may lay down rules for funds for the preparation of budgets and accounts, as well as on the management and auditing. The funds ' financial statements must be audited by chartered or registered accountants.
(3). The Minister shall lay down the detailed rules for the granting of compensation funds in connection with fish diseases.
§ 106. Any shall, at the request of the Minister for food, agriculture and fisheries notify the information deemed necessary in connection with the collection and use of the article 102, paragraph 1, the said funds.
(2). The Minister may lay down rules on the control of this information, including accounting, etc., see. Chapter 22.
§ 107. Members of a Board of Directors in carrying out their duties intentionally or negligently has added a Fund, are liable to replace this damage.
(2). The provision in paragraph 1 applies also to auditors. Is a firm of Auditors is elected auditor is both the company and the Auditor, to the auditors who audit is entrusted, liable.
(3). The compensation may be reduced when this is reasonable having regard to the degree of fault, damage size and circumstances in General.
(4). Resolution on the construction of legal proceedings against members of the Board of Directors, audit firms or accountants may be taken by the members of the Supervisory Board or by the Minister for food, agriculture and fisheries.
§ 108. The Minister of food, agriculture and fisheries shall communicate at each expiry of a financial year of the Folketing set up committees, which means there are concluded in funds and how the funds are used.
Chapter 18 scientific studies, etc.
section 109. Regardless of the rules laid down in this law or rules laid down under the law can the Minister for food, agriculture and fisheries, implement the measures or provide for the measures necessary in order that the public measure or with State authorization can be initiated studies, projects, etc. in scientific, environmental and fishery plejemæssigt purposes. The Minister may lay down rules to the effect that in this context can find fishing place and samples of landings of fish.
(2). The Minister may lay down rules to the effect that a vessel flying during commercial fishing are required to include an observer on board with a view to the collection of data for scientific use.
(3). People at the State's behest conducts fisheries research in fresh water, are entitled to due on presentation of identification to move over the land and private roads, adjacent to the waters in which fishing investigation must take place.
Chapter 19 Delegation and redress section 110. The Minister of food, agriculture and fisheries can lay down rules, under which certain decisions or dispositions pursuant to the Community legislation referred to in article 10 may be taken by the producer organisations or interbranch organisations or associations thereof. These decisions may be referred to the Minister within four weeks after the decision is communicated to the complainant. The decision shall contain information on the appeals and appeals deadline. The Minister may change the decision without complaint.
(2). The Minister may transfer his powers to take certain decisions in accordance with rules laid down under section 34 (1). 3, vessel owners ' mutual exchange of their vessels fishing rights granted to the producer organisations, interbranch organisations or associations thereof. These decisions may be referred to the Minister within four weeks after the decision is communicated to the complainant. The decision shall contain information on the appeals and appeals deadline. The Minister may amend a decision without complaint. The Minister may lay down further rules on access to complain about the organizations ' decision. An organization shall be subject to the Minister's instruction and supervision in the cases that are assigned to the Organization in accordance with this provision.
(3). The Minister may transfer its powers under the law to an institution under the Ministry or other public institution. The Minister may lay down rules in this regard the right to appeal against decisions of these authorities, including that the complaint should not be brought before another administrative authority, and on the Authority's access to reopen a case after the complaint has been lodged.
§ 111. Decisions of the Board of Trustees of a foundation referred to in article 6. § 104, can be referred to the Minister for food, agriculture and fisheries, within 4 weeks after the decision is communicated to the complainant. The Minister may change the Board's decisions, without complaint.
Chapter 20 the submission and processing of information § 112. The Minister of food, agriculture and fisheries can to use for administration of the law, including for statistical purposes as well as for purposes of control, lay down rules on the submission and processing of information about 1) vessels, gear and other equipment, 2) fisheries, hunting, circulation, etc. and the breeding of fish, including from whom these are acquired, and 3) information of technical, economic and operational nature on fishing and fish farming.
(2). The Minister may, in addition, establish rules on the submission and processing of accounting and business management information for statistical purposes.
section 112 (a). The Minister for food, agriculture and fisheries, leading computerized register of transferable quota shares, see. section 37, paragraph 1. The register shall be publicly accessible.
(2). The Minister shall lay down rules on the notification and registration of transferable quota shares, see. (1). The Minister may lay down rules about including that parties must report the sales price for a transferred quota share.
(3). The Minister may lay down rules to the effect that the exchange of documents in connection with notification and registration can be done in electronic form, and that they must be submitted to the Fisheries Directorate-General in one of the Directorate-General prescribed standardized form.
section 112 (b). The Minister for food, agriculture and fisheries can lay down rules about public access to specified parts of the Food Ministry's records in the area of fisheries.
Chapter 20 a Measures during accidents and disasters, including acts of war, etc.
section 112 (c). The Minister for food, agriculture and fisheries can during accidents and disasters, including acts of war and other extraordinary circumstances, establish the rules and take the decisions necessary to ensure the population's supply of fish and fish products, including lay down detailed rules for the exercise and for marketing of fisheries catches. The Minister can including setting rules and provide for derogation from the rules laid down in the Act.
(2). Committee on commercial fishing, which is established pursuant to section 6 and supplemented with 1 member appointed by the Defense Minister, advises the Minister in the preparation of the rules referred to in paragraph 1, decisions and regulations.
(3). Before issuing regulations, decisions or provisions referred to in paragraph 1, shall, to the extent possible, negotiated with the persons or undertakings concerned or with their organizations on the scope and implementation of the rules, decisions or provisions, including whether any compensation from the State, see. (4).
(4). Involves a rule, decision or determination issued under paragraph 1, the economic loss to a person or organization is the State liable for the General rules of law. Compensation may not be required, if the costs associated with the implementation of the rule or decision, can be covered by indkalkulering of that product or service price. The persons or undertakings concerned shall not thereby be treated less favourably than others in the same industry.
(5). Compensation shall be determined in the absence of amicable agreement in accordance with the rules laid down by the Minister.
Chapter 21 Charges, etc.
§ 113. The Minister of food, agriculture and fisheries can lay down rules concerning the partial or total payment of special services which the controlling authorities upon request.
§ 114. The Minister of food, agriculture and fisheries may lay down rules on the payment of the fee as a condition for the granting and maintenance of authorisation for participation in certain, special limited fisheries, which requires specific biological studies.
(2). The fee shall be paid to the Minister of food, agriculture and fisheries. The Minister may lay down rules for the deposit.
(3). The funds to be used for full or partial coverage of expenses for scientific work in connection with the fisheries concerned.
section 115. Amounts determined pursuant to this Act or pursuant to the Community legislation referred to in section 10, and which shall be paid to the Minister of food, agriculture and fisheries or other authority, and which is not paid in due time, attributed, unless otherwise specified in the Community legislation referred to in section 10, an annual interest rate equal to the rate established in accordance with the Finance Act § 5 , from the due date to count. The applied interest, however, is at least 50 us $.
(2). Unless otherwise specified in the Community legislation referred to in section 10 shall be assigned wrongly received sums not repaid before the expiry of a deadline set by the paying authority, the interest rate referred to in paragraph 1 from the deadline. It applies, however, only if the authority while requiring repayment gives notification of the obligation to pay interest.
section 116. There are udpantningsret and access to attachment of earnings orders in accordance with the rules on the collection of personal taxes in kildeskatteloven for 1) amount paid pursuant to the Community legislation referred to in section 10, 2) tax payment by lack of leisure and fishing signs, see. section 60, 3) cost of Tribunal treatment, see. section 80, paragraph 4, and section 84, paragraph 5, 4) charges, see. § 102, 5) fees referred to in article 6. sections 113 and 114, 6) the amount of interest referred to in article 6. § 115, 7) the cost of the accountant assistance, see. § 120, paragraphs 2, 8) payment for lifting gear and poles, see. § 123, paragraph 2, 9) adopted fines and confiscation amount referred to in article 6. section 133 and 10) payment for removal of gear, Poles, etc., which is located in contravention of regulations issued under section 82, paragraph 1.
(2). Arrears collection authority may cancel the requirements referred to in paragraph 1 in accordance with the rules in Recovery Act.
Chapter 22 Control and supervision a. General provisions § 117. Supervision of compliance with the law, the rules laid down in accordance with the law as well as the Community acts referred to in section 10 shall be the responsibility of the Minister for food, agriculture and fisheries.
(2). Control authority, if necessary, at any time against proper identification and without court order 1) right to move over the land and private roads, adjacent to fresh water or salt water, including the right to move about with motor vehicle, 2) access for fishing vessels, fish transport vessels and vessels from which the practised recreational fisheries, 3) access to enterprises and in fact everywhere where fish are translated, etc. , bred and hatched, including businesses, which make up earlier or later led in the sales chain, as well as companies, which are required to pay fees under section 102, 4) right to open mailings containing fish for verifying compliance with the Act, 5) access to check it in § 127 referred to equipment and 6) the right to use power-driven vessels in fresh water.
(3). The Inspector is entitled to carry out investigations and including without compensation to take samples or have samples taken, inspection, weighing, in so far as it is necessary to examine the nature of these tests.
(4). The inspection authority is also entitled to against proper identification and without court order to overhaul the system referred to in paragraph 2, vessels and companies ' logbooks, inventories, business books, moreover, financial material, accompanying documents, prescriptions, analytical material, correspondence and other documentation, etc., including material that is stored in electronic form.
(5). The police provide assistance if necessary to control implementation. The Minister of food, agriculture and fisheries by agreement with the Minister of Justice may lay down detailed rules on the subject.
(6). In agreement with the Minister for food, agriculture and fisheries can it as part of the rules on the limitation of fishing issued under other legislation stipulate that the Ministry for food, agriculture and fisheries, participate in the verification of compliance with such rules.
section 117 (a). Notwithstanding section 9 of the Act on legal security by prioritizing the use of coercive measures and information duties can control authority carry out the inspection of fishing vessels at sea, when the master, owner or employees on Board of vessels reasonably suspected of having committed a criminal violation of fisheries legislation. The inspection authority may verify catch, including gear and documents aboard the vessel.
§ 117 (b). The Minister for food, agriculture and fisheries can lay down rules that a person in connection with the acquisition of fishing license must provide his/her social security number.
section 118. The inspection authority may obtain the information from other public authorities needed to verify compliance with the Act, among other things, for the purpose of directory interoperation and compilation of information for control purposes, including information about income and property, sales tax payments, etc.
§ 119. Masters, business owners and employees, as part of the control under section 117 at the request of the inspection authority provide all information, including on financial and accounting matters, which are important for the implementation of the control, as well as free of charge provide the inspection authority the necessary assistance during the inspection, sampling, copying and delivery of written material and printout of electronic data. Masters, business owners or their representatives have the right to attend the inspecting authority by taking samples, etc., pursuant to section 117.
section 120. The inspection authority may issue orders and bans, in so far as it is necessary 1) for inspection exercise, including on landing spots, landing times and control authority presence at landing or 2) in order to ensure the presence of a fishing vessel, fish transport vessel, motor vehicle, carrying fish and fishing gear as well as harvesting until the police can come here and make the necessary coercive measures in accordance with the rules of the code of criminal procedure.
(2). As part of the monitoring of persons and companies who translate m.v. fish can control authority in specific cases, to designate a chartered or certified accountant on behalf of the circulation, etc., for review of the material which may be subject to control.
§ 121. Circulation, etc. of fish is not allowed if 1) fished in contravention of rules on fishing exercise, 2) contents are not in accordance with the rules of catch composition or 3) contents are not registered, log out or reported in accordance with the law, with the rules by virtue of the law or the Community acts referred to in article 10.
(2). The Minister of food, agriculture and fisheries may lay down rules on documentation, etc. for those who translate m.v. fish, satisfies the conditions laid down in paragraph 1.
(3). The Minister may also, as part of the monitoring of undertakings covered by the Act Chapter 16, and who have no fixed place of business in this country, lay down special rules on documentation, etc. for that whoever translates, etc. in the first stage, see fish. § 86, satisfies the conditions laid down in paragraph 1.
(4). Fish that are subject to the provisions of paragraph 1, shall immediately after the catch are discarded as far as possible in live mode.
section 122. The, which translates the m.v. fish covered by § 121, paragraph 1, can free themselves from liability under section 130 (1). 1, of the basic regulation. § 121, paragraph 1, by immediately in connection with the acceptance of the fish to make notification to the supervision authority together with an indication of the party's approximate size and composition as well as the sender's name and address.
(2). Fish, which is notified in accordance with paragraph 1, shall be kept in such a way that the control may be exercised, and must not be translated, etc. without the consent of the inspection authority.
(3). In a lot of fish, where part of the content is governed by § 121, paragraph 1, is the whole party illegal, unless the cull of the illegal part takes place in the presence of the inspection authority or sampling shall be carried out in order to determine the extent of the partly illegal.
(4). The Minister of food, agriculture and fisheries may lay down rules on the circulation, etc. of fish during closed times and other periods when fishing for one or more species of fish is not allowed.
section 122 (a). The inspection authority may cause or to order disposal of fishing that is fished in contravention of rules on fishing exercise, or if the content is not in accordance with the rules of catch composition.
section 123. For breach of the provisions of the Act, the regulations issued pursuant to the Act and section 10 of the said Community acts concerning the use, design, location, marking and marking of fishing gear and the mesh size of the inspection authority may make it necessary, including arrange for removal of tools and stakes.
(2). If a tool is removed at the request of a fisherman and the infringement relating to the distance rules between the tools provided under section 32 (1), shall be the responsibility of the costs, if any, who has made the request, to the extent that the infringement of the rule is subject to private criminal prosecution, see. section 136. The inspection authority may require collateral for such costs. The who made the review and incurred expenditure, shall have the right to recoup the cost of the one who placed the device illegal.
section 124. The Minister of food, agriculture and fisheries may lay down detailed rules concerning the landing of fish, setting up and operation of fishing vessels and fish transport, where it is considered necessary for the exercise of the control.
(2). The Minister may lay down rules on the control of the information that will form the basis for provision of benefits or the levying of taxes in accordance with the law and the Community acts referred to in article 10.
(3). The one who receives benefits, or who must pay taxes according to the law and the Community acts referred to in article 10, shall keep it in section 117, paragraph 4 referred to evidence, including material in electronic form, for at least 5 years from the end of the year in which the grant is received or charge has been paid.
section 125. The Minister of food, agriculture and fisheries may lay down rules to the effect that it shall be a condition for payment of the amount and reimbursement in accordance with the law and the Community acts referred to in section 10, including from the funds referred to in section 102 that the recipient specifies an account in a financial institution, in which the amount might be inserted.
(2). The Minister may lay down rules on the accounting, etc., which must be carried out by companies in connection with the provision of benefits or the levying of charges.
B. Special safeguard provisions of the Community acts on the territory of the fisheries section 126. The National Audit Office may, where appropriate, together with the European Court of Auditors, under similar conditions as referred to in section 117, paragraph 2, check the respective companies ' inventories and the in section 117, paragraph 4 referred to material which is of importance for the auditing control of the administration of the Community acts referred to in article 10.
section 127. The Minister of food, agriculture and fisheries can lay down rules for the implementation of the control measures, resulting from the Community legislation referred to in section 10, including rules about the installation, operation and maintenance of equipment on board fishing vessels.
C. Special safeguard provisions for freshwater section 128. The Minister of food, agriculture and fisheries can lay down rules concerning the functioning of municipal involvement in supervision in fresh water.
§ 129. Fisheries associations who are eligible by fresh water fisheries, may employ one or more overseers to be approved by the Minister for food, agriculture and fisheries.
(2). The Minister shall provide the overseer with special identification and one of Minister approved instructions.
(3). The Minister may revoke the approval referred to in paragraph 1, if the overseer does not meet the obligations imposed on this, if the overseer are abusing the authority that has been delegated, or if in fact appear unduly overseer.
(4). Overseer supervises the law, rules laid down pursuant to the law as well as decisions or with the Ministry of food, agriculture and fisheries conventions entered into, etc. are observed by the fishing waters, as referred to in paragraph 1, the fishing unions can dispose of.
(5). Overseers have the right to move over the land and private roads, adjacent to the fishing waters referred to in paragraph 4.
Chapter 23 Penalty, reprimand and forfeitures § 130. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who 1) violate or attempt to violate section 11, paragraph 1, article 12, paragraph 1, § 13, § 18, article 28, paragraph 2, article 32, paragraph 4, article 33, paragraph 1, article 38, paragraph 1, article 44, paragraph 1, § 47, section 50, paragraph 1, article 58, paragraph 2, a decision under section 59 (a) of paragraph 1, a decision under section 59 (a) (2) section 63, paragraph 1, article 66, paragraph 1, article 69, § 72, section 74, paragraph 1, article 76, article 77, paragraph 1, section 86, paragraph 1, article 87, paragraph 97, section 98, § 119, § 121, paragraph 1, article 122, paragraph 2, article 124, paragraph 3, the under section 10, paragraph 1, and the provisions adopted in section 10 above regulations and decisions, 2) overrides or trying to override the conditions attached to a permit or authorization issued under the Act or the rules laid down in accordance with the law , 3) violate, attempt to violate or fail to comply with an injunction granted under the law or the rules laid down in accordance with the law, 4) shall deliver or trying to give false or misleading information or conceals or attempts to conceal information, as demanded by the law, rules laid down pursuant to the Act or the regulations and decisions referred to in article 10, 5) fails to deliver the documentation and information , there is a duty to give, or imposed by law, rules laid down pursuant to the Act or the regulations and decisions referred to in article 10, 6) intentionally or grossly negligently violates its obligations under section 104, paragraph 2, or 7) unwarranted fishing in a freshwater area, see. section 28 (1).
(2). In regulations issued under the law, can be fixed penalty of fine for violation or attempted violation of the provisions of the rules.
(3). The perpetrators of a relationship as referred to in paragraph 1, no. 2, 4, or 5, or as mentioned in the pursuant to paragraph 2 provided for rules with intent to evade or other payment of taxes in accordance with the regulations referred to in article 10 or in accordance with rules laid down under section 102 or with intent to obtain any undue payment or reimbursement of benefits for themselves or others in accordance with the regulations referred to in article 10 or under section 103 or rules laid down pursuant to § 102, punishable by fine or imprisonment for up to 1 year and 6 months, unless a higher penalty is inflicted for criminal code section 289.
(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
(5). If a violation has been committed by one or more vessels, covered by a pool fishing, can impose a high fine.
(6). The period of limitation for criminal liability is in no case less than 5 years for offences which result or are likely to cause any unjustified shall be exempt from the payment of taxes in accordance with the Community legislation referred to in section 10, in accordance with this Act or the rules laid down in accordance with the law, or to achieve any unjustified payments pursuant to the aforementioned provisions.
(7). For violations of section 11, paragraph 1, article 12, paragraph 1, article 38, paragraph 1, section 86, paragraph 1, § 87, § 119, § 121, paragraph 1, and those under section 10, paragraph 1, and the provisions adopted in section 10 above regulations and decisions, as well as offences covered by paragraph 1, nr. 2-5, and paragraph 2 the period of limitation for criminal liability is in no case less than 5 years if the infringement relates to fishing, which may only be exercised as commercial fishing, see. § 11 (1) (8). 1, or turnover, etc. of the fish, see. § 3, nr. 5. § 131. Search in respect of infringements of the provisions of this Act or rules laid down pursuant to this Act may be made in accordance with the provisions of the code on the search made in matters which under the law can result in imprisonment.
§ 132. Fish caught in contravention of the Act or the rules laid down in accordance with the law, or the value thereof may be confiscated, although not with safety can be demonstrated to the catch in it all derives from illegal conditions. In so far as such fish is in viable condition, they must be returned immediately to the sea by the inspection authority or pursuant to § 129 approved overseers.
(2). Fishing gear, which can be found in the water, may be confiscated, regardless of it cannot be disclosed, to whom it belongs, when NET 1) is not legally crafted, marked, labelled, used or placed in accordance with the law, with the rules by virtue of the law or the Community acts referred to in section 10, 2) is not conducted in accordance with § 33 or 3) are placed or left on spots in fresh water, where someone else is the Eurosystem for fishing or for the species concerned by fisheries.
section 133. Deemed a violation not to would result in higher penalty than fines, can the Minister of food, agriculture and fisheries indicate that the case can be settled without judicial proceedings, if the person who committed the offence, pleads guilty in the infringement and declare their readiness to within a specified time limit may be extended upon request, to pay a fine specified in the manifestation. Similarly, the requirement of confiscation, including value confiscation shall be adopted without judicial proceedings.
(2). With regard to the indication referred to in paragraph 1 deems the provision in the code of Civil Procedure Act § 832 (2) shall apply mutatis mutandis.
(3). Paid the fine in a timely manner, or will be the adoption of the recovered or found by location served, lapses further prosecution.
section 134. In cases that are dealt with administratively, without prejudice. § 133, paragraph 1, the provisions of the code of Civil Procedure Act § 752, paragraph 1 shall apply mutatis mutandis.
section 135. Foreign ships, which have been used for fishing activities contrary to the Community legislation referred to in section 10, against the law or against the rules laid down pursuant to this Act, may be detained by the competent control authority. Control authority's implementation of detention shall take place in accordance with the code of Civil Procedure Act Chapter 74 of the seizure.
(2). Detention pursuant to paragraph 1 can only be done if required 1) for securing evidence, 2), to ensure the public demands on job costs, confiscation and fines, 3) to secure the English claim to the restitution or compensation or 4) for implementation of control and prosecution.
(3). There can be no detention in accordance with paragraph 1, if there is guaranteed payment of the in (2). 2 and 3, the said amount, or the one who had available over the ship during fishing activity, unjust was in possession of it.
(4). Paid in accordance with paragraph 2, nr. 2 and 3, mentioned amounts are not, or are not security for such amount within two months after the final decision may be sought satisfaction in the ship.
section 136. Violation of the rules in § § 69, 72 and 76 is subject to private reprimand. The same applies to breaches of fisheries law under section 28 (1), and in violation of the rules on distance between static fishing gear shall be set out under section 32 unless the public interest makes public criminal prosecution is required.
Chapter 24 entry into force and transitional provisions etc.
A. entry into force of section 137. The time of the entry into force of the Act or sections of the Act shall be established by the Minister of food, agriculture and fisheries. 2) (2). The Minister may determine that the following legal provisions wholly or partially repealed: 1) law on saltwater fishing, see. lovbekendtgørelse nr. 803 of 11. November 1998.
2) Law on the regulation of fisheries, see. lovbekendtgørelse nr. 802 of 11. November 1998.
3) Law No. 285 of 27. April 1994 on first-time movement of fish.
4) Law No. 482 of 12. June 1996 concerning the administration of the European Community regulations on the fishing area and administration of production levies, etc.
5) law on freshwater fishing, see. lovbekendtgørelse nr. 495 of 16. June 1997.
6) Law No. 227 of 8. April 1992 about fishing licenses, etc.
7) Law No. 101 of 27. March 1933 on conservation and order rules for fishing in the kingdoms of Denmark and Sweden bordering waters.
8) Law No. 67 of 23. March 1965 on fishing in Randers Fjord and the Gudenå, etc.
9) Law No. 42 of 13. February 1959 on fishing in Flensburg Inderfjord.
(3). Rules laid down pursuant to the laws referred to in paragraph 2 shall remain in force until they are replaced by rules laid down on the basis of this or other laws. Violation of the rules is punished in accordance with the existing rules.
B. transitional provisions for incorporation in salt water and fresh water regulations in section 138. Clauses, which are established in accordance with former legislation on saltwater fishing, shall continue to apply, unless the Minister of food, agriculture and fisheries have laid down rules which repeals the regulations in whole or in part. Violations of the statutes is punishable by a fine, until the statutes shall cease to apply.
§ 139. Regulations laid down pursuant to previous legislation on fresh water, apply to the 1. July 2010, unless the Minister of food, agriculture and fisheries, lay down rules which repeals the regulations in whole or in part. Violations of the regulations is punishable by a fine, until regulations cease to apply.
(2). Regulation the Association's Board of Directors holds with at least 14 days ' notice at least one annual meeting and shall enter by the way together, when 2 members of the Board of Directors shall be convened by the Board of Directors requires. extraordinary general meeting once a year.
(3). At the annual general meeting of shareholders decide on the economic exploitation of fishery water covered by the regulation, whether to be charged membership fees and their amount, as well as about how any profits should be distributed.
C. Special transitional provisions in the freshwater section 140. Orders, decisions and agreements etc. are handed down or concluded under previous laws about freshwater fishing is in force until they are repealed or the after their content is no longer applicable. Violation of the rulings, etc., are punishable by fines.
D. transitional provisions relating to fines § 141. Fines under the law falls to the Treasury. Until the end of 2002, however, shall be allocated by the Minister for food, agriculture and fisheries up to 200,000 USD annually by the paid fines between Danish fishermen's Cultural Fund, Danish Institute for fisheries Association Help Fund-East and Denmark's Fishing Association Help Fund-West, respectively, 1/2, 1/3 and 1/6 for each.
(2). If the funds referred to in paragraph 1 shall be lifted, the Minister, determines how the fines allocated funds are used.
E. transitional provisions relating to authorizations, permits and produktionsafgifts funds § 142. Authorizations and permits issued pursuant to previous legislation in force shall remain in force until they are replaced by authorizations and permits issued pursuant to this Act or the rules laid down in accordance with the law.
(2). Produktionsafgifts funds set up under earlier legislation in force should be maintained.
Such as the Faroe Islands and Greenland section 143. The law does not apply to the Faroe Islands and Greenland.



Act No. 466 of 7. June 20013) includes the following entry-into-force provision: section 17 (1). The law shall enter into force on the 1. July 2001.
(2). (Omitted).



Act No. 145 of 25. March 20024) includes the following entry-into-force provisions: section 78
(1). The law shall enter into force on the 1. January 2003, see. However, section 79 (1).
(2). (Omitted).
section 79 (Omitted).



Act No. 369 of 6. June 20025) includes the following entry-into-force provision: section 2 of the time of the entry into force of the Act or sections of the Act shall be established by the Minister of food, agriculture and fisheries.



Act No. 1158 by 19. December 20036) includes the following entry-into-force provision: section 3 paragraph 1. The law shall enter into force on the 1. January 2004.
(2). (Transitional provision, omitted).



Act No. 1428 of 22. December 20047) includes the following entry-into-force provision: section 2 of the Act shall enter into force on the 1. January 2005.



Act No. 366 of 24. may 20058) includes the following entry-into-force provision: section 6 of the Act shall enter into force on the 1. July 2005, however, the Act's sections 4 and 5 shall enter into force on the day after publication in the Official Gazette.



Act No. 406 of 1. June 20059) includes the following entry-into-force provision: section 2 of the Act shall enter into force on the 1. July 2005.



Act No. 431 of 6. June 200,510) includes the following entry-into-force provisions: § 85 (1). The law shall enter into force on the 1. November 2005, see. However, paragraph 2.
(2). (Omitted).
section 86 (Omitted).



Act No. 536 of 24. June 200,511) includes the following entry-into-force provision: section 8 Law shall enter into force on the 1. January 2007.



Act No. 538 of 8. June 200,612) contains the following provisions: article 105 entry into force (1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2-22 and § 106.
Paragraph 2-22 sections 106-110 (Omitted).



Act No. 317 of 31. March 200,713) includes the following entry-into-force provision: section 2 paragraph 1. The law shall enter into force on the 1. June 2007, see. However, paragraphs 2 and 3.
(2). section 36 a, paragraphs 1-3, section 36 c, paragraph 1, and section 36 d (1), as amended by this Act, section 1, no. 9, shall enter into force on the 1. January 2008.
(3). The Minister shall determine the time of the entry into force of § 1, nr. 6. Paragraph 4. (Omitted).



Act No. 489 of 17. Jun 200,814) includes the following entry-into-force provision: section 2 of the Act shall enter into force on the 1. July 2008.



Act No. 507 of 17. Jun 200,815) includes the following entry-into-force provisions: § 15 paragraph 1. The law shall enter into force on the 1. July 2008, see. However, paragraph 3.
(3). (Omitted).

Ministry of food, agriculture and fisheries, the 26. September 2008 Eva Kjer Hansen/Birgit Bolgann Annex 1 table of contents Chapter. 1


Lovens formål, område og definitioner


§§ 1-3



Kap. 2


Rådgivende udvalg


§§ 4-9



Kap. 3 Administration of the European Community acts and international agreements in the field of fisheries and fish farming section 10 Cape. 3 (a) environmental damage to protected species or international nature protection areas § § 10 a-10 c Cape. 3 (b) Conservation and protection, etc. of certain natural habitats, wild flora and fauna sections 10 d-10 (j) Cape. 4


Fiskeriformer og fiskeriberettigede

 


 

A. Generelle bestemmelser


§§ 11-13



 

B. Fiskeriberettigede i saltvand

 


 

Erhvervsfiskere


§§ 14 og 15



 

Erhvervsfiskerselskaber


§ 16



 

Bierhvervsfiskere


§§ 17-19



 

Provisions common to the right of business and bierhvervs fishing in salt water, §§ 20-23 c. Special fishing rights in salt water replaced the ålegårds rights and similar specific rights § 24, § 25 farmers d. recreational fishing anglers


§ 26



 

Fritidsfiskere


§ 27



 

E. Fiskeriretten i ferskvand


§§ 28 og 29



Kap. 5 Promotion, protection and conservation of fish stocks in sections 30 and 31 of the Cape. 6


Fiskeredskaber


§§ 32 og 33



Kap. 7 regulation of commercial fishing in salt water (A). Regulatory measures sections 34 and 35 b. fishing permits (licences) and pot fisheries §§ 36-37 Cape. 8 rules for vessels for commercial fishing in salt water §§ 38 and 39 Cape. 9


Regulering af det rekreative fiskeri


§ 40



Kap. 10 Special rules for fresh water (A). period of validity of the Special rules for freshwater areas § § 41 and 42 b. Fish passage by blocks and draining off water, etc. in freshwater sections 43-49 c. Blocking catch devices in freshwater sections 50 and 51 d. Midtstrømslinjen § 53



Cape. 11


Lystfiskertegn og fritidsfiskertegn


§§ 54-56, § 58, §§ 59a - 61



Kap. 12 Fish care and releases, etc.

 


 

A. Fish Care
§ 62



 

B. Udsætninger m.v.


§§ 63-65



Kap. 13


Opdræt i saltvand


§§ 66 og 67 §§ 69 og 70



Kap. 14 Mutual code of conduct between fishermen a. Spacing rules, etc.


§§ 71 og 72



 

B. Fortrinsrettigheder i saltvand


§§ 73 og 74



 

C. Erstatning


§ 75



Kap. 15 Fisheries relationship towards other activities a. provisions for the protection of the fishery general provision § 76 Measures etc. in saltwater areas § § 77-80 Measures in freshwater areas section 81 (B). The relationship with boating and shipping


§§ 82 og 83



 

C. Rettigheder i forhold til kystejere i saltvandsområder


§ 84



 

D. Erstatningsregler i ferskvandsområder


§ 85



Kap. 16 first-time movement of fish (A). The authorization for the first-time placing on the market and for the organisation of public fish auction §§ 86 and 87 (B). The issuance of authorization § § 88-92 c. discontinuance or withdrawal of authorization § § 93-96 D. Rules for the operation of the concession service provider § § 97-99



 

E. Special public auction houses sections 100 and 101 Cape. 17


Administration af produktionsafgifter


§§ 102-108



Kap. 18 scientific studies, etc.


§ 109



Kap. 19


Delegation og klageadgang


§§ 110 og 111



Kap. 20


Afgivelse og behandling af oplysninger


§§ 112-112 b



Kap. 20 (a) measures during accidents and disasters, including acts of war, etc.


§ 112 c



Kap. 21


Gebyrer m.v.


§§ 113-116



Kap. 22 Control and supervision a. General provisions of §§ 117-125 (B). the particular safeguard provisions of the Community acts on the territory of fishing sections 126 and 127 c. Special safeguard provisions of sections 128 and 129 freshwater Cape. 23


Straf, påtale og konfiskation


§§ 130-136



Kap. 24 entry into force and transitional provisions etc.

 


 

A. entry into force of § 137 b. transitional provisions for incorporation in salt water and fresh water regulations in § § 138 and 139 c. Special transitional provisions in the freshwater section 140 (D). Transitional provisions relating to fines § 141 e. transitional provisions relating to authorizations, permits and produktionsafgifts funds § 142



 

Such as the Faroe Islands and Greenland § 143 Annex 2 Animal species of Community interest whose taking in the wild and exploitation may be subject to management measures Only species relevant to the law included the species listed in this annex are indicated either by 1) the concerned species or subspecies name, or 2) all the species belonging to a higher taxon or to a designated part of this.
PETROMYZONIFORMES Petromyzonidae Lampetra fluviatilis ACIPENSERIFORMES Acipenseridae-All species not listed in annex IV of habitats directive SALMONIFORMES Salmonidae Thymallus Thymallus Salmo salar (only in fresh water) Cyprinidae Barbus spp. (the abbreviation "spp." refers to all the species belonging to this family or genus.)
CLUPEIFORMES Clupeidae Alosa spp.
ARTHROPODA CRUSTACEA-DECAPODA Astacidae Astacus astacus Official notes
1) Act contains provisions implementing parts of the European Parliament and of the Council Directive 2004/35/EC of 21. April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (the official journal of the European Union 2004 nr. L 143, page 56), parts of Council Directive No. 79/409/EEC of 2. April 1979 on the conservation of wild birds (birds directive) (Official Journal 1979 No. L 103, page 1), as amended most recently by Council directive 206/105/EC of 20. November 2006 (Official Journal of the European Union 2006 nr. L 363, page 368) and Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (EC habitats directive) (Official Journal 1992 nr. L 206, p. 7), as last amended by Council Directive 2006/105/EC of 20. November 2006 (Official Journal of the European Union 2006 nr. L 363, page 368).
2) §§ 4-9, sections 17-20, § 110 (2), § 116, no. 9, §§ 117-129, § 130 (1). 1-5, and paragraphs 2 to 5 and § § 131-134 of the fisheries law, see. Act No. 281 of 12. May 1999, entered into force on 3. July 1999, see. Executive Order No. 520 of 24. June 1999. Chapter 1, section 10, paragraphs 1 and 2, section 30, Chapter 7, and section 137 (3) of the fisheries law entered into force on 7 August. December 1999, and the remaining part of the fisheries law came into force on 1 January. January 2000, see. Executive Order No. 864 of 2. December 1999.
3 Amendment relates to section 130) (3) (' the staple ' deleted), as well as the repeal of § 52.
4 Amendment relates to section 8), paragraph 2 2. paragraph, article 85, paragraph 3, and section 128 (added: ' or Bornholm's Municipal Council ').
5 Amendment relates to section 14), paragraph 3, article 17, paragraph 4, section 37, paragraphs 1-3, Chapter 20, section 117, paragraph 2, article 130, paragraph 1, and section 135 (transferable quota shares, etc.). The law entered into force on 15. July 2002, see. Executive Order No. 542 of 2. July 2002.
the amendment concerns clause 5) 6 (1), (2). item (ophævt), § 102, paragraph 2, article 103, section 104 (1), section 105, paragraph 1, and section 105, paragraph 3 (new) (Amendment of fund boards, changed the setting of alcohol products and expanded use of funds).
7 Amendment relates to section 48), article 117, article 120, paragraph 1, and section 130, paragraph 6 (follow-up to the Act on legal security by prioritizing the use of coercive measures and information duties, control of the sea, the 5-year statute of limitations for certain violations).
the amendment relates to section 8) 130 (3).
9 Amendment relates to clause 4), paragraph 1, article 5, paragraph 2, article 6, paragraph 2, section 6 (a) (Committee for mussel production), section 7 (2) and (3), § 67, § 68 (repealed) § 69, section 70, paragraphs 1 and 2, article 75, section 112 (a), section 112 (b) (home to lay down rules on public access to specified parts of the Food Ministry's records in the field of fisheries), § 116, no. 8-10, and section 122, paragraph 3.
10 Amendment relates to section 116) (access to attachment of earnings orders).
the amendment relates to section 11) 7 (2), 1. paragraph, section 8, paragraph 2 2. section, § 48, section 85, paragraph 3, and section 128 (impact corrections as a result of local government reform).
12 Amendment relates to section 133), (2), (impact correction as a result of police and judicial reform).
the amendment relates to the law) Title 13, section 2, paragraph 1, article 3 (definition of puljefiskeri), section 5, paragraph 2, article 7, paragraph 2, § 7 (3) (repealed), section 34 (rules on the closure of fisheries and amending the conditions for the exercise of fishing introduced not in the Official Gazette), section 36 (1) (pool fisheries), article 36, paragraph 3 (ophævt), § § 36 a-d (puljefiskeri), § 37, section 58 (2) (Masters must ensure that participants possess fishing license) section 59 (a) (disqualification of entitlement for pleasure and recreational fishing), article 66, paragraph 2, article 86, paragraph 1, article 102 (4) of section 110 (2) (delegation to exchange of fishing rights), section 20 (a) (measures during accidents and disasters, including acts of war, etc.), § 122 a (discarding of catch), section 130 and section 139 (regulations laid down pursuant to previous legislation on fresh water applies to the 1 July 2010). Amendment of section 34 came into force on 1 January. January 2008, see. Executive Order No. 1334 by 3. December 2007.
14 Amendment relates to the Act's title), § 3, nr. 7, § § 10 d-10 (j) and annex 1 (conservation and protection, etc. of certain natural habitats, wild fauna and flora), section 36 (e) (puljefiskeri), § 56, § 57 (repealed) section 58, paragraph 59 (repealed), § 60 and section 117 b (payment for fishing licenses, etc.), section 109 (2) (duty to include observer).
the amendment relates to section § 15) 10 a-10 c (environmental damage to protected species or international nature protection areas).