Notice Of Conditions For Commercial Fishing Of Eels In Salt Water And Freshwater

Original Language Title: Notice of conditions for commercial fishing of eels in saltwater and freshwater

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122501

Overview (table of contents) Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 The full text of the Order on conditions for commercial fishing of eels in salt water and freshwater Pursuant to section 10 paragraph two. 1 and 2, section 10 (e), section 12 paragraph. 2, § 27, § § 30-32, 34-36, § § § 38 paragraph. 2, § 50, section 112, paragraph 112 (b), § 121 paragraph. 2 and § 130 paragraph. 2 of the law on fishing and fish farming (Fisheries), cf. Consolidated Act No. 978 of 26 September 2008 and city authority: Part 1 Scope and definition. § 1. This Order covers the commercial exploitation of eels in saltwater and freshwater, conducted by 1) person or companies registered with the right to operate a commercial fishing or secondary professional fishing, and 2) person or companies authorized two translate that catches from freshwaters in under the Fisheries Act section 12 paragraph. 2. § 2. For the purposes of this Order: 1) Review of the tool: Notification to the Directorate of Fisheries of the installation of the nets and pound nets like tools in accordance with Executive Order ruse of fishing gear (nets, etc.) In saline 2) Gross revenue: The value of landing registered in the Directorate of Fisheries register on the basis of information submitted to the Directorate of Fisheries in accordance with the rules of the Order on the registration and control of information on fish landed and fish imported. 3) Calendar year: 1 January 31 December two. 4) Landing: Volumes of eels, which are registered in the Directorate of Fisheries register on the basis of information submitted to the Directorate of Fisheries in accordance with the rules of the Order on the registration and control of information on fish landed and fish imported. 5) Reference year: One or more years in the period during which the country's eel or registration of the tool is the basis for permission two eel according to the individual provisions of the Order. 6) Ålebedrift: (A) fishing as an ownership group has operated with one or more vessels and from which that reported the landing to the Directorate of Fisheries in accordance with the rules of the Order on the registration and control of information on fish landed and fish imported. 7) The fishing of eel: Fishing, carry and count ries eel. Chapter 2 Requirements for permission eel or tool use in accordance with certain provisions of section 3. After 1 July 2009, in § 1 person and companies mentioned only fish, bring and countries in accordance with the license issued eel by the Directorate of Fisheries. PCS. 2. Notwithstanding paragraph. 1. Do business and commercial fishermen who do not have permission two eel fish, bring and count ries eels in salt water areas according to the rules specified in § 16 and the people and companies that are not authorized for eel fishing in inland waters two fish, keep on board Count ries eel in freshwater areas in accordance with § 18 Chapter 3 Rules for the use of tools that are suitable two catch eel a. Types of tools that can be used during permission eel section 4. For eel Do not use other tools than the tools that are subject to authorization, for eel fishing. In addition, used in § 16 and § 18 of the nets in accordance with the provisions of these regulations. PCS. 2. Pole Ning and rebound of eel is not allowed. PCS. 3. It is not permitted two large, carry and count ries eels from fishing trips, which bring gear that must not be used for eel fishing. There must therefore include from fishing trips, which allowed eel not allowed trawls or other usually entails limping vodredskaber, pots, hook lines or traps that must not be used for eel fishing, see. paragraph. 1. § 5. Permission for eel fishing in salt water areas will include the right to use a specified number of the following gear types: 1) Throw ruse: Maximum: 90 cm in the front hanger, maximum: three calves, a maximum of 7 hangers. 2) Armruse/ålebundgarn: above or underwater ruse which measures less than 20 metres in the ring or in the arms of two quiet band in rear calf in intoxication. 3) Ålebundgarn: Pound nets, measuring 20 meters or more in the ring or in the arms of two quiet band in rear calf in intoxication. PCS. 2. In addition in paragraph two. 1 said gear types may modalities authorized for use hook lines, see. section 12 paragraph. 2. § 6. Authorization for eel fishing in freshwater areas will include the right to use a specified number of tools detailed message grated type, see. § 17 B. Ability to use traps, nets and pound nets similar nets other than eel § 7th In salt water and freshwater areas, fish traps, nets and pound nets similar nets used under license of eel fishing, see. § 3 paragraph. 1 or in accordance with § 16 and § 18, although it is permissible to use such networks other than eel fishing conditions in paragraph. 2-5 are met. PCS. 2. Ruse tools used for fisheries other than the eel may be used in the following conditions: 1) Mesh goal in bagrusen-after last bracket-must be the least 90 mm (full mask). Mask goal is met if the trap between the last and second last hanger-is a window of 14 x 14 cm with that mesh size. The window must be located on the upper side of the intoxication, or 2) All calves in the intoxication must be open as a square and is successfully in place by 4 quiet bands. The mesh size of intoxication may not exceed 30 mm (full mask). PCS. 3. The nets and pound nets similar tools that may be used for fisheries other than eel fishing may not be equipped with traps. PCS. 4. Fyke nets, trap nets and pound nets similar tools for fisheries other than eel, see. Paragraph. 2-3 Before use, reported to the Directorate of Fisheries. The notification must include the number of traps, nets and pound nets similar tools that will apply to fisheries other than the eel and description of gear design, size and location of the equipment, indicating the length and latitude in WGS 84 Datum Subsection. 5. Review of tools other than eel after paragraph. 4 must be made regardless of whether the tool has been used and notified before this Commission came into force. Directorate of Fisheries, may decide that a tool can not be authorized if it is sufficiently demonstrated that the tool can not catch eel. Chapter 4 Storage and turnover of eel § 8. Eels must post harvest and before the first sales only kept by fishermen authorized two eel fishing or have fished for eels on the basis of the rule in section 16 or § 18 paragraph. 2. Eels must in the first stage, only be removed by: 1) Fishermen who have DVFA permission two sell its own catch and by this Commission came into force after the application has been the Fisheries Directorate-General permission to convert its own catch eel or two) Individuals, companies and companies Doing Business with the two first authorized sale of fish. Chapter 5-Authorisation of eel § 9. On the basis of prior activity in the eel fishery in terms of landing, registered in the Directorate of Fisheries, see. section 11, section 14 and section 17, or by registration in the Directorate of Fisheries, of the review of the establishment of nets and pound nets similar tools, see. section 15, the Directorate of Fisheries, on application, authorize legitimate commercial fishing companies, commercial fishermen, commercial fishermen and ålebedrifter. PCS. 2. The Directorate of Fisheries may by decision on issuing rule the permits limit the permitted number of tools, etc., if the interests of the European eel, deemed two require it. PCS. 3. The authorization shall specify procedures for the fisheries sector including: 1) type and number of tools that may be used. 2) The duration of the license. 3) Indication of the vessels can be used for fishing, carry, store and count ries eel. 4) Requirements for reporting to the Directorate of Fisheries via the logbook. PCS. 4. The terms of the license can be changed include the in light of the need to protect the European eel including compliance with Council Regulation (EC) no 1100/2007. The authorization may be revoked and the use of tools and duration of authorizations may be limited. In addition, include the following conditions where fishing may take place. Permits may also be subject to additional terms. § 10. Application for authorization with the information referred in paragraph two. 2 shall be the Directorate of Fisheries no later than February 16, 2009, later applications received will be reasoned request also be processed. PCS. 2. Application for åletilladelse shall include information on the type and number of tools applicant has used in each of the years 2004-2007. To be submitted on a form published on the Directorate of Fisheries ' website and can be requested at the Directorate of Fisheries departments. PCS. 3. As part of the documentation for the prior use of gears that form the basis for a permit two eel fishing can continue Fishing Directorate require that the equipment be made available and the applicant provides further evidence for the use. Chapter 6 Conditions for obtaining authorization on the basis of registered sales of landed eel section 11. The Directorate of Fisheries may authorize eel two in section 1 above person and companies and ålebedrifter, see. § 2, no. 6, satisfying the requirements of paragraph. 2 pcs. 2. It is a condition of authorization of eel fishing, gran thing, see. Paragraph. 1 that the Directorate of Fisheries register to least recorded landing by the applicant: 1) Gross revenue from landed eel in 2004-2006 totaling to least 30.000 kr. And in 2007 at least 10.000 us $. Or 2) Landed volumes in 2004-2006 totaling to least 600 kg eel and in 2007 at least 200 kg eel. Chapter 7 Authorisation of eel fisheries in coastal waters, § 12. Permits on the basis of previously registered ålelandinger of the size specified in § 11, will include the right to use a number of tools for specified in section 5 of the specified type. The starting points for Fisheries Directorate's decision authorizing the use of gear is that there may be allowed the number and type of fixed gear, as the applicant can demonstrate that it applied in 2007 for fishing landing registered in the Directorate of Fisheries. Directorate of Fisheries may decide that not all tools can be used if this is not considered to be consistent with the interests of the European eel or other reasons, performed under the Fisheries Act. Armruse/ålebundgarn, see. § 5, paragraph. 1, no. 2-3 can be allowed only if the use of the space and gear has been reported to the Directorate of Fisheries. PCS. 2. Notwithstanding paragraph. 1, the Directorate of Fisheries permit applicants who meet the conditions for the authorization in § 11 based on the size of the registered ålelandinger ending 31 December 2013 using the number of hook lines, which an operator can prove to have used. There may be specific conditions in which areas, hook lines can be used. § 13. For permits issued based on the fact that the applicant meets the conditions of § 11 with respect to the size of the recorded landing of eel fishing which are made with tools that can not be allowed from 1 July 2009, the Directorate of Fisheries on the base the size of the recorded landing in 2007 allowing the use of tools in accordance with paragraph. 2 pcs. 2. Within the total reported landing of eel from that in 2007, the total maximum authorizes the following number and types of tools: 1) 1 throw ruse, see. § 5, paragraph. 1 No. 1 for every 5 kg. 2) 1 armruse/ålebundgarn, see. § 5, paragraph. 1 pt. 2 of every 10 kg. 3) 1 ålebundgarn, see. § 5, paragraph. 1, 3, for every 50 kg. § 14th Applicants who do not meet the conditions of section 11 regarding the value and size of the reported landing of eel, but for which it is registered in the Directorate of Fisheries register, the applicant has undergone the landing of eels during the period 2004-2006 and 2007 if the operator can prove to have used cast nets, be authorized to use up to 20 throw traps , see. § 5, paragraph. 1, no. 1. § 15. Applicants who do not meet the requirements for obtaining a license under section 11, but has reviewed the installation of more than one pound or pound-like tool for the Directorate of Fisheries in the period from 2004, 2006 and 2007, two can obtain permission two fish with up to half the number of tools that have been reported and exposed on the square in 2007. There can be granted for the type of equipment referred in section 5, paragraph two. 1 pt. 2 and 3. Paragraph. 2. Applicants who meet the relevant criteria may be authorized both for eel fishing with cast nets in accordance with § 14 and for eel fishing with nets and pound nets similar gear by paragraph. 1. Chapter 8 fishing of eel in salt water areas without a special permit, section 16. Commerce and commercial fishermen, who have no license for eel fishing, see. § 12 or §§ 14 and 15, regardless of this in the period from August 1 to 9 May in coastal waters use a maximum of 6 throwing traps, see. paragraph. 2 for eel fishing. PCS. 2. The paragraphs. 1 permitted throw traps must not be above water traps, ie that no part of the tool may protrude above the surface of the water. Fyke must not throw measuring 90 cm in the front ruse hanger. For all kinds of ruse tools it applies that the mesh size (full mask) in radgarnet may not exceed 40 mm. In throwing traps, use stop or grating because such seal according to the general rules applicable two saline. PCS. 3. Commerce and commercial fishermen must before use of the tools report this to the Directorate of Fisheries. Directorate of Fisheries, then issues a number to be included in the marking of tools. Chapter 9 Authorisation of eel fishing in freshwater areas section 17. The license for eel fishing in freshwater issued to applicants who meet the conditions of § 11 for recorded landing. The permits will include the right to use a specified number of tools of the specified type and size. The starting points for Fisheries Directorate's decision authorizing the use of gear is that there may be allowed the number and the type of fixed gear, as the applicant can demonstrate that it applied in 2007 for fishing landing recorded in fishing Directorate. Directorate of Fisheries may decide that not all tools can be used if this is not considered to be compatible with the protection of the European eel or other reasons, performed under the Fisheries Act. Chapter 10 of eel fishing in inland waters without a special permit, section 18. In § 1, the 2 mentioned person and companies that are not authorized for eel fishing, see. § 17 Notwithstanding this use traps and ålekister in accordance with the rules applicable in Order on recreational fishing in marine and freshwater and tool fishing, etc. in fresh water. Chapter 11 the Validity of license, landing craft, etc. § 19. Åletilladelserne issued provisionally to 31 December 2013. The Directorate of Fisheries may permit impose additional conditions or period change the terms of authorization, seen. § 9 paragraph. 4 pcs. 2. It is a condition for maintaining the license during the license period, that is used by the licensee in the preceding year. § 20. The Directorate of Fisheries register of licenses for eel and information on authorized networks and associated vessels and landing of eels are publicly available. § 21. In connection with the application for authorization must indicate the vessels will be used to land eel under the license. If the licensee later wish to use other vessels must be reported to the Directorate of Fisheries and there shall be landing before issued a new license, which these vessels identification appears. § 22. All tools used for commercial eel fishery should be labeled in accordance with the rules thereof. PCS. 2. For fishing on the basis of åletilladelse applies to the number of åletilladelsen must appear on the label. In addition, the numbers that can identify authorized gear appear on the label. Procedures for the labeling of the tools stipulated in the licenses. Chapter 12 Termination of the license, section 23. If a license holder decides two discontinue the use of the authorization or reducing the number of tools to be declared to the Directorate of Fisheries, with information about the tools and vessels deleted. Directorate of Fisheries then cancels the permit or restrict it. § 24. The license for eel fishing is void if the permit holder's right to operate commercial fishing or sideline fishing or permit two translate that catches from inland waters lapses. Directorate of Fisheries, may in connection with the issuance and maintenance of licenses for eel conditional authorization by the licensee within a specified time limit, opposite the Directorate of Fisheries, documenting that the conditions for maintaining registration as a business, bierhvervs-or commercial fishing company continues two exist. PCS. 2. After the registration of a license holder from commercial fishing two sideline fishing, can the future only use tools, it is allowed commercial fishermen to use. Chapter 13 Chance of gran thing authorization in special cases for eel fishing in saltwater section 25 The Directorate of Fisheries, may waive the requirements of application, upon section 11, unless the applicant can demonstrate the new establishment in the eel fishery in the period 2004-2007. PCS. 2. It is a condition of exemption that the applicant meets the requirement of registration of landing in a calendar year, which corresponds to a gross turnover of to least 10.000 us $. Or landing of that least 200 kg eel. In addition, the applicant must demonstrate: 1) Establishment of eel fishing and the time and costs of new purchases of equipment, vessels, etc., and 2) Dependence on eel fishing, as described in the paragraph. 3 pieces. 3. the Exemption under subsection. 1 requires that the applicant can demonstrate in one of the calendar years 2004 two 2007 two have had a gross revenue of eel fisheries, corresponding to the gross revenue of the landing, registered eel that calendar year was the least 10% relative to the total gross revenue of the person concerned other recorded landing and revenues from other commercial activity , pension or other income. section 26 The Directorate of Fisheries, may waive the requirements of application, upon section 11, unless the applicant can demonstrate that the requirements are not met due to documented serious illness that has prevented the applicant from exercising fishing for a continuous period of to least 6 months. PCS. 2. It is a condition of exemption that the person can demonstrate that: 1) to least 2 calendar years 2004 two 2007 two have recorded landing of eel to least, equal to the gross revenue from eel 10.000 us $. Or 200 kilograms of eels annually 2) to least two calendar years the two have had a gross revenue from the eel fishery, which is equivalent to the gross revenue of the eel in the calendar year registered landing was that least 10% relative to the total gross revenue of the person recorded landing and revenues from other business activity, pension or other income. section 27 The Directorate of Fisheries may, to the extent the stock of European eel assessed two allow it, allow the professional fishermen who within the last three calendar years preceding the application has completed the apprenticeship, fisheries fishing eels with specified gear as listed. § 5, regardless of that person does not meet the conditions of section 11. 2. It is a condition of licence that the person upon completion of apprenticeship training not acquired vessel, concessions, etc., with a view of two establishment in other fisheries. PCS. 3. If the licensee is not exceeding three calendar years following the issuance of the permit has obtained a dependence on eel fishing, which is equivalent to the gross revenue from the eel fishery represents the least 10% relative to the total gross revenue from his second recorded landing and revenues from other business activity or other income, involving the Directorate of Fisheries authorization for eel fishing. Chapter 14 Chance of temporary permits and subdivision permits, etc. § 28. To the extent that all conditions surrounding the examination of an application for eel fishing is not resolved in time for the beginning of the usual season for eel fishing in 2009, the Directorate of Fisheries, two issue a temporary permit for eel fishing, which can be changed or withdrawn when there is made a final administrative decision. PCS. 2. not be issued temporary permits under paragraph. 1, 1) if it is obvious that the conditions of authorization have not been met, including that which is not registered land eel from the applicant on the fishing directory as specified in § 11 and § 14, or to provide notification of gear as listed in section 15, 2) every application for exemption under § § 25-27 and absence of evidence that provides the basis for a decision on the application or 3) permission not to be compatible with the interests of the European eel and other considerations undertaken by the Fisheries Act. section 29. If several commercial fishermen who made the reporting of landing in the reference years from a common fishing in a ålebedrift that with regard to the size of the reported landing meet the conditions of section 11, apply for that on the basis of the total recorded landing and tool use instead of issuing rule one license for the farm, occurs division of the tools , it is acceptable to use, as issued separate permission two several participants in the farm, this can be accommodated. PCS. 2. Request for issuing rule amuse permits instead of one can only be granted if the participants in the Community within the time limit in § 10 paragraph. 1 applies for it. Directorate of Fisheries, divides the right to use in accordance with the joint application. section 30. If one ålebedrift from which carried reports of the in paragraph 11 mentioned extent from 2004 two 2007, is taken over by another fisherman, can permit issued to the fisherman who has taken over the farm and run it on. PCS. 2. It is a condition of gran thing authorization pursuant paragraph two. 1 that the fisherman before the handover have made reports and the fisherman who has taken over the farm jointly request that the permit issued to the business instead, bierhvervs or commercial fishing company that has taken over the farm. section 31 The Directorate of Fisheries may in the administration of this Order, taking into account exemptions gran things special circumstances. Chapter 15 Penalty provisions section 32. A fine is imposed on anyone who violates or attempts) 1 two violate § § 3, 4, 7, 8, 16, 18, 21, 22, 2) ignore or try two override the terms and conditions attached to a permit issued after notice or 3) give or attempt to give false or misleading information, as required by the Order. PCS. 2. There can be imposed on companies etc. (legal person) under the rules of the Penal Code Chapter 5. Chapter 16 Commencement section 33. This Order shall enter into force on 1 January 2009, it shall enter, §§ 3, 4, 7 and 8 into force on Dec 1. July 2009. Subsection. 2. On 1 July 2009 repealed: 1) section 7 of Decree No. 18 of 14 January 1993 on the trawl and other seining. 2) § 2. 4 and § 8 paragraph. 2 of Executive Order No. 769 of 9 July 2004 on the protection zones and abolishing the law on saltwater fishing. Directorate of Fisheries, December 11, 2008, Esben Egede R/Birgit Bolgann