Ordinance Amending Ordinance Of Oyster Fishing In The Limfjord

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om østersfiskeri i Limfjorden

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=114407

Ordinance amending Ordinance of oyster fishing in the Limfjord

§ 1

In executive order No. 831 of 26. August 2005 on Oyster fisheries in Limfjorden is amended as follows:

1. The introductory part shall be replaced by the following:




» Under section 30, section 32, paragraph 1, §§ 34-36, section 130, paragraphs 2, 4 and 6 of the law on fishing and fish farming, see. lovbekendtgørelse nr. 372 of 26. April 2006, as last amended by Act No. 317 of 31. March 2007, and under the authority lays down: '



2. paragraph 3 shall be replaced by the following:

»§ 3. Fisheries Directorate may grant authorization to oyster fishing in the Limfjord to owners of vessels in 2006 or 2007 had permission to oyster fishing in the Limfjord with other vessels than those referred to in paragraph 2 and which have engaged in fishing activities in accordance with the authorisation. The permit can be issued for fishing with the vessel to which the fishery has been engaged with.

(2). In addition, the Fisheries Directorate-General grant authorization to an owner of a vessel, as with the vessel has operated a documented fisheries in Limfjorden in the last 4 calendar years (January 1 to december 31) prior to the date of the application, engaged in fishing for oysters in the limfjord.

(3). Granting of an authorisation under paragraph 2 requires that:





1) vessel's length does not exceed 15 metres, and to

2) value of landings by fishing vessel registered in the Limfjord has been at least 200,000 kr in each calendar year in the 4-year period.





(4). In the value of the vessel landings, see. (3) 2) be deducted from the value of landings, which can be attributed to illegal fishing by:





1) Finally DOM.

2) Adopted fine specimen.

3) Adopted confiscation present.

4) final decision on administrative detention of fishing permit under the Fisheries Act § 37. '





3. section 4 is replaced by the following:

»§ 4. Fisheries Directorate may grant permission for the business-and bierhvervs fishermen, who in 2006 or 2007 had permission to oyster fishing with hand tools (brejling), and which are engaged in fishing activities in accordance with the permit, carries out the oyster fishery in the Limfjord, in accordance with paragraph 2. A permission may be granted only to the use of the vessel, which has so far been used.

(2). Fishing activities in accordance with a permit in accordance with paragraph 1 shall be carried out with a tool that meets the following conditions:





1) Frame for hand gear shall be of iron and be circular with a diameter of not more than 40 cm.

2) Rod in which the iron frame is attached, must not exceed a length of 5 m.





(3). During fishing activities in accordance with an authorization under paragraph 1, the net constantly be handheld, and the vessel must not propelled by motor power. '

4. Article 5 is replaced by the following:

»§ 5. An owner or part-owner of one or more vessels authorised to oyster fishing in the Limfjord, cannot achieve more permits to oyster fishing in the Limfjord, than they had in 2006 or 2007.

(2). For a vessel authorised to fish with håndbrejling can be granted permission to oyster fisheries pursuant to section 3, if the conditions laid down in that provision are fulfilled. It is a condition for the granting of permission under section 3, that all permits for fishing with håndbrejling to the vessels to which the person is the owner or co-owner of, at the same time abandoned. '

5. Article 6 is replaced by the following:

»§ 6. Fisheries Directorate may grant authorization for the renewal of vessels for owners of vessels authorized to fish for oysters §§ 2 and 3, if the owner has acquired a vessel for the renewal of the vessel has been issued permission for Oyster fishing with, provided that the vessel's overall length, shall not exceed 12 m. Fisheries Directorate may, however, in exceptional cases, allow a vessel to be replaced with a vessel with a length up to 15 m.

(2). The Fisheries Directorate-General may permit an owner acquires a vessel for the replacement of a vessel, which in 2006 or 2007 is given permission to apply for fishing of oysters with håndbrejling of the basic regulation. section 4, provided that the acquired vessel overall length does not exceed 8 m. "

§ 2

The notice shall enter into force on 25 July. January 2008.
The Fisheries Directorate-General, the 23. January 2008 Esben Egede R/Maria Krohn