Key Benefits:
Publication of the conditions for the fishing of eels of salt in salt water and fresh water
In accordance with section 10 (4), One and two, section 10 e, section 12, paragraph 12. 2, section 27, section 30-32, § § 34-36, section 38 (3) 2, § 50, § 112, § 112 B, § 121, paragraph 1. 2, and section 130 (3). 2, in the case of fisheries and fish farming (fisheries law), cf. Law Order no. 978 of 26. September 2008 and, after authorisation, shall be determined :
Scope and definitions.
§ 1. The announcement includes the commercial exploitation of eel in salt water and fresh water made by
1) persons or undertakings registered with the right to operate in business or to commercial fishing activities ; and
2) persons or undertakings authorised to transpose catches from fresh waters under the Clause 12 of the Fisheries Act. 2.
§ 2. For the purposes of this notice :
1) Notification of the tool : notification to the " Fisheries Directorate " of bundles and bundles of footwine, in accordance with the publication of the fishing gear (mother-yarn, etc.) of salt water ;
2) Gross revenue : the value of landings registered in the Fisheries Directorate's records on the basis of information submitted to the Fisheries Directorate, in accordance with the rules in the notice of registration and verification of information on fish, the direct, and the fish being imported.
3) Calendar year : 1 January to 31. December.
4) Landings : quantities of eel registered in the Fisheries Directorate's records on the basis of information submitted to the Fisheries Directorate, in accordance with the rules laid down in the publication and control of information on fish landed in the country ; direct, and fish being imported.
5) Reference year : One or more years during the period in which the eel or registration of the instrument provides the basis for authorisation for eel fishing according to the individual provisions of the notice.
6) Aeholding : A fishing that has been operated by an owner of the territory of one or more vessels, and from which landings have been reported to the Fisheries Directorate in accordance with the rules in the notice of registration and verification of information on fish ; the direct, and the fish being imported.
7) Fishing, comical, bringing and landing eels.
Requirements for the authorisation of eel fishing or the tool used in accordance with certain provisions
§ 3. After that one. In July 2009, in section 1, the persons and companies referred to in section 1 must only fish, bring and land eel according to authorisation issued by the Fisheries Directorate.
Paragraph 2. Notwithstanding paragraph 1 1. the commercial and apiary fishermen who do not have permission to fish fish, bring and land eels into salt waters, in accordance with the rules set out in sections 16 and persons and companies which do not have permission for fishing in the fresh waters of the waters ; Fishing, bringing and landing eels in freshwater areas, in accordance with the rules of section 18.
Rules applicable to the use of nets suitable for capture of eels
A. Types of utensils that can be used according to permit for eel fishing
§ 4. In the case of eel fishing shall not be used instruments other than the instruments subject to authorisation for eel fishing. In addition, they may be used in sections 16 and Section 18, in accordance with the rules laid down in these provisions.
Paragraph 2. The smell and the flares of eel are not allowed.
Paragraph 3. It is not permitted to store, bring and land eels from catch travel, where tools are included which are not permitted to be used for eel fishing. Thus, from catch travel, where eels do not include trawls or other towing vocabularies, tejns, crooks or ruses which must not be used for eel-fishing, cf. paragraph 1.
§ 5. Allowance for the fishing of salt waters shall include the right to use a specified number of the following types of gear :
1) Casteruse : maximum : 90 cm in front braces, maximum : 3 calves, maximum : 7 bending.
2) Armruse / yarn ' shall mean the oven or underwater ruse, which measures less than 20 metres in the ring or in the arms of 2 stiltleties in the rear of the rust.
3) Ylebine yarn : footwine, measuring 20 metres or more in the ring or in the arms of 2 stiltleties in the rear of the ruse.
Paragraph 2. Except for the one in paragraph. 1 mentioned types of gear may be authorised under conditions of use, in accordance with the conditions laid down in : § 12, paragraph 1. 2.
§ 6. Permission to eel fishing in freshwater areas will include the right to apply a specified number of means of more detailed type, cf. § 17.
B. Possibility to use glases, bundles and bottom-net-like nets other than eel fishing
§ 7. In salt water and freshwater areas, glashes, bottled nets and bottom-garnet-like tools are used only under authorisation for eel fishing, cf. Section 3, paragraph 3. However, 1 or in accordance with sections 16 and section 18, the use of the said utensils shall be permitted for other than eel fishing if the conditions set out in paragraph 1 are permitted. 2-5 is met.
Paragraph 2. The rules of the country used for fishing other than that of eel fishing shall be used in the following conditions :
1) The mask in the rear of the rear-after the last brace-must be at least 90 mm (the whole mask). The mask shall be fulfilled if the space between, last and the last braces, is a 14 x 14 cm. cm with the said maeel. The window must be on the upper hand side of the space, or
2) All calves in the space shall be open as a square and kept in place with 4 stilltapes. The mesh size of the space shall not exceed 30 mm (a whole mask).
Paragraph 3. The bottled nets and bundles of footwine, which may be used for fishing other than eel fishing, shall not be equipped with ruses.
Paragraph 4. Ruses, bundles and bundles of footwine, for other fishing other than the fishing of the eel, cf. paragraph 2-3 before use is notified to the Fisheries Directorate. The notification shall contain information on the number of ruses, bundles and bottom-net-like nets to which the person concerned will apply to fisheries other than to eel fishing and the description of the design, size and location of the instrument of the tool, the length and latitude of WGS 84 Datum ;
Paragraph 5. Notification of equipment for other than eel fishing in accordance with paragraph 1. 4 shall be made, regardless of whether or not the tool has been used and notified prior to the entry into force of this notice. The Directorate-General may decide that a tool cannot be authorised if it is not sufficiently demonstrated that the tool can not catch eel.
Retention and turnover of eel
§ 8. Ål must after the catch and before the first movement is kept by fishermen authorised to eel fishing or which have been fishing eels, on the basis of the rule in § 16 or § 18.
Paragraph 2. Ål must in the first caret only be disposed of by :
1) Fishermen having the authority of the Food Management Board to remove its own catches and which, following the entry into force of this notice, have been granted the authorisation of the Fisheries Directorate to transpose the eels of eels or
2) People, companies and companies that are approved to operate self-employed in the first-time area of fish.
Examination of authorisations for eel fishing
§ 9. On the basis of prior activity in the eel fishing sector, in the form of landings registered in the Fisheries Directorate, cf. section 11, section 14, and section 17, or on registration in the Fisheries Directorate of the preoccupation of bottom yarn and bundling-like tools, cf. Article 15, on application, the Fisheries Directorate may issue permission for legitimate business fishing companies, business fishermen, bibusinessers and eel holdings.
Paragraph 2. The Directorate-General may, by means of a decision on the issuing of authorisations, restrict the permitted number of utensils, and so on, if the consideration for the European eel, is estimated to be required.
Paragraph 3. The authorisation shall specify the conditions for the fishing industry, including :
1) The type and number of tools to be used.
2) The duration of the permit.
3) Indication of vessels which can be used to fish, bring, store and land eel.
4) Requirements for reporting to the Fisheries Directorate via logbook.
Paragraph 4. The terms of authorisation may be amended, in particular, in the light of the need to protect the European eel, including compliance with the Council Regulation (EC) No 2. 1100/2007. The permit may be withdrawn and the use of the means of use and the length of the permits may be reduced. In addition, a level playing field can be made where fishing must take place. In addition, authorisations may be made subject to additional terms.
§ 10. Applications for authorisation with the information referred to in paragraph 1 shall be that of : 2, must be the Fisheries Directorate at the latest by 16. However, after reasonable request, applications will also be able to be dealt with on a basis of reasoned application.
Paragraph 2. The application for authorisation shall contain information on the types and number of utensils applied by the applicant in each of the years 2004-2007. The information must be indicated on a publication of the publication of the Fisheries Directorate-General and can be requisitioned in the Directorate-General's departments.
Paragraph 3. In the context of the documentation of the prior instrument of use, which forms the basis for the continuation of the fishing vessel, the Fisheries Directorate may call for the use of the nets to be presented and the applicant to provide further details of the use of the instrument ; use.
Condition to obtain authorisation on the basis of registered turnover of landed eel
§ 11. The Fisheries Directorate may issue permission to eel fishing to the persons and undertakings and the eel holdings referred to in section 1, cf. § 2, nr. 6 which fulfil the conditions laid down in paragraph 1. 2.
Paragraph 2. It is a prerequisite for the granting of authorisation to eel fishing, cf. paragraph 1 that a minimum number of landings registered by the Fisheries Agency shall be carried out by the applicant :
1) Gross revenue from landed eel in 2004-2006 of at least 30,000 kr. and in 2007, of at least 10,000 kroner. or
2) Countries in 2004-2006 of at least 600 kilograms of eels and in 2007 of at least 200 kilograms of eels.
Permission to eel fishing in salt water areas
§ 12. Permissions on the basis of previously recorded numbers of turnips of the size specified in section 11 shall contain the right to use a specified number of utensils of the type specified in section 5. The point of departure of the Fisheries Board ' s decision on the authorization of the instrument of use is that the number and type of permanent instruments of the applicant may be permitted to be able to document the use in 2007 for the fishing of landings which are registered to the Fisheries Directorate. The Directorate-General may, however, decide that not all tools may be used if it is not considered to be compatible with the European eel or any other considerations that are carried out under the fishing law. Armruse / yyybine, cf. Section 5 (5). 1, no. 2-3 may be permitted only if the use of the space and the rescue has been notified to the Fisheries Directorate.
Paragraph 2. Notwithstanding paragraph 1 1, the Fisheries Directorate may authorize applicants who meet the conditions for the granting of a section 11 on the basis of the amount of the volume of the quantities recorded up to 31. December 2013 uses the number of croylines that the person in question can document to have used. Special conditions may be placed on the territory of which Crogliners may be used.
§ 13. For authorisations issued with a background, the applicant fulfils the conditions of section 11 as regards the size of the eels of eel, where fishing has been carried out using nets that cannot be permitted from 1. In July 2009, the Fisheries Directorate, on the basis of the size of the registered landings in 2007, permit the use of nets in accordance with paragraph 1. 2.
Paragraph 2. Within the total landings of eels of eels from that date in 2007, the following may be authorised for the following number and types of utensils :
1) 1 casteruse, cf. Section 5 (5). 1 no. 1 for each 5 kilograms.
2) 1 armruse / yyybine, cf. Section 5 (5). 1, no. 2 for every 10 kilograms.
3) 1 yarn, cf. Section 5 (5). 1, 3, for each 50 kilograms.
§ 14 Applicants which do not meet the conditions laid down in section 11 for the value and size of the eels of eel, but for which it is registered in the Fisheries Agency's records that the applicant has made landings of eels during the period ; The year 2004-2006 and 2007 may, if they are able to document the use of such chasteruser, obtain authorisation to use up to 20 casteruses, cf. Section 5 (5). One, number one. 1.
§ 15. Applicants which do not comply with the conditions for obtaining consent after Article 11, but which have reported for more than one footwine or footwine-like instrument for the Fisheries Directorate during the period 2004-2006 and 2007, may be granted authorisation to : fish with up to half of the number of utensils that have been notified and exposed to the site in 2007. The type of equipment referred to in section 5 (5) may be authorised. 1, no. Two and three.
Paragraph 2. Applicants which fulfil the conditions for this may be authorised both for ester-user after paragraph 14 and in the case of eel-nets and bottom-net-related nets of paragraph 14 and in accordance with paragraph 14. 1.
Salaine fishing in salt water areas without a separate permit ;
§ 16. Erprofessional and bi-business fishermen who do not have permission to eel fishing, cf. § 12 or § § 14 and 15 may, irrespective of this in the period from 1. August to 9. May in hydroplots use no more than 6 casterine, cf. paragraph 2 for eel fishing.
Paragraph 2. The people in paragraph 3. 1 maximum casterine users must not be above water, i.e. no part of the tool needs to be grabbing up over the water crust. Kastruses must not be more than 90 cm in the anterior ruler. For all types of rusers, the mesh size (full mask) in the radgarnet shall not exceed 40 mm. In kastses, stoprist or barracks shall be used according to the general rules applicable to salt water.
Paragraph 3. Enterprise and commercial fishermen need to report this to the Fisheries Directorate before the rescue. The Fisheries Directorate shall then issue a number to be included in the marking of the tools.
Permission to eel fishing in freshwater areas
§ 17. The permit for sewage fishing in fresh water shall be issued to applicants meeting the conditions laid down in section 11 for registered landings. Permissions will contain the right to use a specified number of means of the type and size of the specified type. The point of departure of the Fisheries Board ' s decision on the authorization of the instrument of use is that the number and type of permanent instruments of the applicant may be permitted to document the use in 2007 for the fishing of landings which are registered to the Fisheries Directorate. However, the Fisheries Directorate may decide that not all tools may be used if it is not considered to be compatible with the protection of European eel or any other considerations that are carried out under the fishing law.
Ålefishing in fresh water areas without a separate permit
§ 18. The persons and companies referred to in § 1, 2 and of those who do not have permission to eel fishing, cf. Section 17, irrespective of this application, may use glamour and cavelists in accordance with the rules applicable to recreational fishing in salt and fresh water, and the parakeet fishing activities, etc. in fresh water.
Validity period for authorisation, landing craft, etc.
§ 19. The authorisations are provisionally issued to 31. December, 2013. The Fisheries Directorate may, in the authorisation period, make any additional terms or conditions or modify the terms and conditions of the authorisations, cf. Section 9 (1). 4.
Paragraph 2. It is a prerequisite for maintaining the authorisation during the authorisation period that it was used by the holder of the authorisation in the preceding year.
20. The fishing industry's registers of permits for eel fishing and information on permitted utensils, associated vessels and eels of eel are publicly available.
§ 21. In connection with the application for authorisation, the applicant shall indicate which vessels will be used for the landing of eel in accordance with the authorization. If the holder of the authorization later wishes to use other vessels, this must be reported to the Fisheries Directorate and no landings until a new permit has been issued, the identification of these vessels in which the vessels are identified.
§ 22. All tools used for commercial eel fishing shall be labelled in accordance with the rules laid down in this respect.
Paragraph 2. In the case of fishing on the basis of the authorization, the number of the yyylicence shall be indicated on the label. In addition, the numbers identifying the permissible tools must appear on the mark. Detailed conditions for the marking of the gear shall be fixed in the authorisations.
Permission to be authorized
-23. Where an authorisation holder decides to terminate the use of a permit or reduce the number of utensils, this shall be communicated to the Fisheries Directorate, together with information on the tools and vessels which are deleted. The Fisheries Directorate shall then cancel the authorization or restrict it.
§ 24. The authorisation of eel fishing shall be discarding if the licence holder ' s right to commercial fishing or by commercial fisherman or the permit to transpose catches from fresh waters shall be suspended. The Directorate-General may, in connection with the issue and maintenance of the authorisation of eel fishing, the authorisation of the holder of the authorization before a specified period, in the case of the Fisheries Directorate, documents that the conditions for the maintenance of the authorization are shown ; in the presence of the registration to be acquired, the apiary or business fishing industry remains present.
Paragraph 2. Following the registration of an operator from a commercial fisherman to a commercial fisherman, the product concerned may use only instruments of use which allow bee-operators to use.
Possibility of issuing authorization in special cases to eel fishing in salt water
§ 25. The Fisheries Directorate may, in accordance with the application, dispense with the requirements of section 11, if the applicant can demonstrate the new establishment in eel fishing within the period 2004-2007.
Paragraph 2. It is a prerequisite for a derogation that the applicant fulfils the requirement for the registration of landings in one of the calendar years corresponding to a gross turnover of at least 10 000 kr. or landing at least 200 kilograms of eels. In addition, the applicant must document :
1) Establishment in the eel fishing industry and its time and expenditure for the acquisition of utensils, vessels, etc., and
2) Dependency of the eel fishery, as described in paragraph 1. 3.
Paragraph 3. Pensation in accordance with paragraph 1. 1 assumes that the applicant can document in one of the calendar years 2004 to 2007, to have had a gross turnover from eel fishing that corresponds to the gross turnover of the landed, registered eels at least 10% in proportion to the total gross turnover of the other registered landings and revenues from the other commercial activity, pension or other income from the other.
SECTION 26. The Fisheries Directorate may, in accordance with the request for a derogation, for the requirements of section 11, if the applicant can demonstrate that the requirements are not met due to a serious disruption of the claimant caused by the claimant in an uninterrupted period of at least 6 ; Months.
Paragraph 2. It is a prerequisite for a derogation that the person concerned can document :
1) In at least 2 of the calendar years 2004 to 2007, having detected landings of eels, which are at least equivalent to a gross turnover of 10 000 kr. or 200 kg eels per year and
2) For at least 2 of the calendar years, having had a gross turnover of the eel fishery corresponding to the gross turnover of the landed eel in the calendar year concerned, at least 10% in relation to the total gross turnover from the one held in the calendar year concerned ; the registered landings and revenues of income from other commercial activity, pension or other income.
§ 27. The Directorate-General may, to the extent that the stock of European eels is considered to make it possible, allow business fishermen, as in the past three calendar years preceding the application, to complete the apprenticeship ' s apprenticeship training, fishing eels ; specified tools, cf. § 5, irrespective of the fact that they do not meet the conditions in section 11.
Paragraph 2. It is a prerequisite for the authorisation that the person concerned after the end of apprenticeship has not acquired the vessel, quota units, etc. for the establishment of other fishing activities.
Paragraph 3. If the holder of the authorization has not been granted during the three calendar years after issuing the authorization, a dependency on eel fishing is equivalent to that the gross turnover of the eel fishery represents at least 10% in relation to the total gross turnover of the eel ; the other registered landings and income from other commercial activity, or other revenue, shall include the authorisation of fishing for eel.
Possibility of temporary permissions and the splitting of authorisations, etc.
§ 28. To the extent that all the conditions relating to the treatment of an application to eel fishing have not been clarified before the start of the usual season for eel fishing in 2009, the Fisheries Directorate may issue a temporary authorization for eel-fishing, which : may be amended or withdrawn when a final administrative decision has been taken.
Paragraph 2. Temporary licences shall not be granted pursuant to paragraph 1. 1,
1) if it is evidently that the conditions for the granting of authorisation are not fulfilled, including that no landing of eels from the applicant is in the register of the Fisheries Directorate, as stated in sections 11 and section 14 or notified of tools such as : listed in section 15,
2) an application for a derogation in accordance with section 25 to 27 is not submitted to the table, which provides the basis for a decision on the application, or
3) authorization shall not be assessed to be compatible with the consideration of the European eel and other considerations of the fishing law.
§ 29. Where several commercial fishermen who have taken account of landings in the reference years of a common fishing in a hayholding which, with respect to the size of the reported landings, meet the conditions laid down in section 11, applying for the use of the conditions laid down in section 11 ; Whereas total landings and rescue operation instead of issuing one permit for the holding shall be divided by the instruments to which it may be permitted to use, so that several of the participants in the holding are granted independent authorisation ; this may be : accommodated.
Paragraph 2. Request for the granting of several authorisations rather than one can only be met if the participants in the period referred to in section 10 (4) are to be met. 1 apply for it. The Fisheries Directorate shall be divided up the right to apply in accordance with the common application.
-$30. If an eel holding which has been reported for the period 2004 to 2007, has been taken over by a different fisherman, may be issued to the fisherman who has taken over the holding and carried it on.
Paragraph 2. This is a condition for the granting of authorization pursuant to paragraph 1. 1 that the fisherman who before the transfer has carried out the reports and the fisherman who has taken over the holding jointly requests that the authorisation should be issued to the business, by business or by the business community which has taken over ; the holding.
§ 31. The Directorate-General may, by means of administration of this notice, grant a derogation in respect of special circumstances.
Penalty provisions
§ 32. With fine punishment, the one who
1) violates or attempts to infringe sections 3, 4, 7, 8, 16, 18, 21, 22
2) overrides or attempts to override terms and conditions associated with a permission issued by the notice or
3) emitting or attempting to give false or misleading information required by the notice.
Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of Chapter 5 of the penal code.
Entry into force into force
§ 33. The announcement shall enter into force on 1. However, January 2009, section 3, 4, 7 and 8 shall enter into force on 1. July, 2009.
Paragraph 2. The first one. July 2009 shall be repealed :
1) Section 7 of the notice no. 18 of 14. January 1993 on trawls and other vodka fishing.
2) Section 2 (2). 4, and section 8 (4). 2. in the notice. 769 of 9. July 2004 on Frisews and the abolition of the law on sea-water fishing.
