Ordinance On Pot Fisheries

Original Language Title: Bekendtgørelse om puljefiskeri

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122278

Ordinance on pot fisheries

Under section 36 (1), article 36 (a) (4), section 36 c, paragraph 3, section 36 d (3) of section 36 (e) (1) and (3) and section 130, paragraph 2, of the law on fisheries and aquaculture (fisheries), see. lovbekendtgørelse nr. 978 by 26. September 2008, and under the authority shall be based on:

Definitions and general provisions

§ 1. In this notice, the term:





1) Pool Manager: A person who all vessel owners, who with their fishing rights participates in a pot fishery, have authorized to represent pool fishing over the Fisheries Directorate-General.

2) Delegate: a person with whom all vessel owners, who with their fishing rights participates in a pot fishery, have authorized to represent pool fishing over the Fisheries Directorate-General when the pool manager is prevented.

3) fishing rights: A fleet quota shares as well as årsmængder, which is allocated on the basis of vessel quota shares (FKA) and individual transferable quota shares (IOK).

4) annual statement: statement of fishing activities in the previous calendar year.

5) current date statement: statement of fishing in the current calendar year as of a specified date.





§ 2. A vessel owner's fishing rights can only be part of a pool fishery, if Fisheries Directorate has granted permission to do so.

(2). Fisheries Directorate may, on application, grant permission for a vessel owner's fishing rights with a vessel is part of a pool fishing from the 1. January in a year to the 1. February of the following year. A permit requires that all ship owners applying for permission for their fishing rights can be included in a pool shall nominate a trustee, fisheries Manager and a Deputy for that pool fisheries.

§ 3. If a pool manager or Deputy resigns, all vessel owners participating in the question pool fishing, without undue delay, authorise a new pool manager or delegate to represent pool fishing over the Fisheries Directorate and send full power to the Fisheries Directorate-General, see. § 9, paragraph 2, no. 7.

§ 4. Permission under section 2, paragraph 2, to a vessel owner's fishing rights can be included in a pool fishing, implies that





1) FKA and årsmængder, which is allocated on the basis of FKA, as that vessel to the vessel owner receives during the period of authorisation is given for, included in pot fishing, and

2) IOK årsmængder, granted and on the basis of IOK, as vessel owner receives for the vessel concerned in the period, the permission is given for, included in the pool, in the case of fishing quotas by IOK, which according to regulatory notice for the year in question can be included in a pool fisheries.





(2). Vessel owner can in connection with applications for authorisation to pool fishing choose to årsmængder of specified IOK-quotas not to be included in the pool fisheries.

§ 5. If a vessel is part of a pool fishery, there must not be operated with the vessel with a vessel outside the pool fishing on quotas that are included in the pool fisheries.

(2). A vessel may not be associated with one pool fisheries.

(3). If a vessel owner, with its fishing rights participates in a pot fishery, is registered as the bierhvervs fishing, see. §§ 17-22 of the fisheries law, rules and conditions of this registration continues to be met, including the requirement that fishing on fishing rights may only be operated in person and without the use of paid or unpaid Assistant.

(4). If pursuant to § 32 of the basic regulation. § 34 of Decree No. 51 of 1. February 2006, as amended (grading Ordinance), are assigned quota shares to a vessel with its fishing rights included in pot fishing, rules, terms and conditions for this assignment continues to be met, including that the vessel owner, in order to avoid a later reduction of assigned vessel quota shares personally must actively participate in the fisheries of FKA-species corresponding to the value of the fleet quota shares that were allocated in accordance with the above provisions.

§ 6. Tax assessment notice for a pot fishery shall contain information on the total amount of årsmængde, the total amount of registered FKA-IOK-landings, landings and the total quantity of registered landings on Gen fishing by species, as well as the uopfiskede amount of pot-fishing in the previous calendar year.

(2). Current date statement for a pot fishery shall contain information on the total årsmængde by species landings registered in total in the pool, fishing in the current calendar year, årsmængder, who are predisposed to vessels in other pot fisheries as well as the remaining årsmængder.

(3). Pool manager, his Deputy or all owners whose vessels covered by pool fishery must by signature on the statement, see. paragraphs 1 and 2, confirm that it is based on the registrations that are made in accordance with the rules in force at any time, and to pool fishing are not familiar with, that made landings, which are not registered in accordance with the rules.

§ 7. Pool fishing shall, not later than the 15. January in the year following pool fishing starting forward annual statement, see. section 6, paragraph 1, of pool fishing for Fisheries Directorate-General, in order to elucidate whether at this point can be determined a overfishing in the previous calendar year.

§ 8. Pool fishing must ensure that all participants in a pool fishery should have the opportunity to familiarize themselves with the statement referred to in section 7. If there has been overrun by the årsmængder, as pool fisheries have had available over, all participants in the pool fisheries have shown the statement by 15. January of the year following the start of fishing pool.

Application for participation in the pool fishing for newly established pool fisheries and continuation of ongoing pool fisheries in the following year

§ 9. Application under section 2, paragraph 2, must be submitted in total for all vessel owners applying for permission to enter into the question pool fisheries with vessels, they are the owners or co-owners of. To be used a special application form (application form 1). The application form can be downloaded from the DG's website www.fd.dk or obtained from the Fisheries Directorate, Nyropsgade 30, 1780 København V tlf. 7218 5600.

(2). Applications must be received in the Fisheries Directorate no later than the 15. December in the year before the start of fishing and pool must contain the following:





1) information on the name of the vessel owner.

2 indication of the letters and number) and EU-ident. on all vessels.

3) information on whether or not the vessel owner has participated in pool fishing in the current year.

4) Information about which IOK-quotas, which are not to be included in the pool fisheries.

5) evidence that pot fisheries is organized as a joint stock company, a limited liability company, a partnership or an association, as well as possibly. collateral, see. § 10.

6) signature from all owners.

7) power of Attorney from all vessel owners to a pool manager, as well as a substitute for this to represent pool fishing over the Fisheries Directorate-General.





§ 10. If a pool fisheries is organized as a corporation, the application shall be accompanied by:





1) statutes of the company in the case of a newly established company. For ongoing pool fisheries must be attached, if the only statutes is amended in relation to the most recently submitted articles of Association.

2) transcript from the Danish Commerce and companies agency register, which shows that the company is registered, in the case of a newly established company.

3) certified copy of the stock register showing that all participants in the fishery pool owns shares in the company.





(2). If a pool fisheries is organized as a limited liability company, the application shall be accompanied by:





1) statutes of the company in the case of a newly established company. For ongoing pool fisheries must be attached, if the only statutes is amended in relation to the most recently submitted articles of Association.

2) transcript from the Danish Commerce and companies agency register, which shows that the company is registered, in the case of a newly established company.

3) certified copy of register of shares, indicating that all participants in the fishery pool owns shares in the company.





(3). If pot fisheries is organized as a partnership, the application shall be accompanied by:





1) statutes of the partnership if it is a newly established company. For ongoing pool fisheries must be attached, if the only statutes is amended in relation to the most recently submitted articles of Association.

2) certified copy of the partnership contract, indicating that all participants in the fishery to participate in the partnership pool.





(4). If pot fisheries is organized as an association, the application shall be accompanied by:





1) Statutes of the Association, in the case of a newly established Association. For ongoing pool fisheries must be attached, if the only statutes is amended in relation to the most recently submitted articles of Association.

2) member certified copy of the TOC, which is signed by the President, which shows that all participants in the fishery pool are members of the Association.


3) Documentation that a Fisheries Directorate lodged at 125,000 DKK in the form of a bank guarantee or other comforting assurance requirements, as pool fisheries may incur as a result of violating the fisheries law, or proof that the participants in the pool fishery shall be liable personally for such requirements.





§ 11. For companies, which at the time of application is under formation, lawyer or Auditor confirmed to be attached to the application with supporting evidence.

Application for authorisation to pool fishing for vessel owners who have not previously participated in the pool fishing or who want to move to another pool fishing for 13-month-period

§ 12. Fisheries Directorate may, on application, grant permission for a vessel owner, who has not previously participated in the pool fishing, before 1 May 2004. March may enter into a pot fishery that also in the previous year have driven pool fisheries. The authorization shall be notified with effect from 1 January. January in the application year and the 1. February of the following year.

(2). Fisheries Directorate can authorise, upon application to a participant in a pot fisheries may move to another pot fisheries by withdrawal from pot fishing after the 13-month period for which permission to pot fisheries are given for, and then in the 1. March join in a new pool fisheries with effect from 1 January. January and to the 1. February in the following year, see. section 36 c of the fisheries law.

(3). Application in accordance with paragraphs 1 and 2 shall contain the following:





1) information on the name of the vessel owner.

2 indication of the letters and number) and EU-ident. on the vessel.

3) information about which IOK-quotas, which are not to be included in the pool fisheries.

4) signature from the vessel owner.

5) power of Attorney from the owner of the vessel of pool fishery designated pool manager and his Deputy to represent the pot fishery over the Fisheries Directorate-General.





(4). The application shall be accompanied by the following:





1) current date statement per entry date from the pot fishing, sought entry into, and as the owner of the vessel concerned has been made aware of.

2) If pot fishing, there is an appearance in, is organized as a limited company, please attach the print-out of stock the book, showing that the applicant owns at least one share of the company.

3) If pot fishing, there is an appearance in, is organized as a limited company, please attach certified copy of register of shares, showing that the applicant owns at least one share of stock in the private limited company.

4) If pot fishing, there is an appearance in, is organized as a partnership, the partnership shall be attached to the certified copy of the contract, which demonstrates that the applicant is a participant in the partnership.

5) If pot fishing, there is an appearance in, is organized as an association, the Member shall be attached to the certified copy of the TOC, which is signed by the President, indicating that the applicant is a member of the Association.





§ 13. Permissions to a participant can move to another pot fishing, see. Article 12, paragraph 2, shall be made to the reduction of the fishing rights in the fisheries, as the applicant leaving the pool, if there is a decision under section 36 (b) of the fisheries law.

(2). If there is a tie criminal proceedings relating to infringements of fisheries legislation against the pot fishing, as the applicant resign from, is also subject to the permission of the Fisheries Directorate-General lodging requirements as a result of the decision in the criminal case of a size, which the Directorate establishes, in the form of a bank guarantee or other reassuring security.

(3). The application must include proof of fulfilment of the conditions laid down in paragraphs 1 and 2, as well as current date statement per withdrawal date from the pot fishing, sought secession from.

(4). If the applicant in the pot fishing, who have fished more than udtrædes of, årsmængde of the vessel with one or more vessels to be transferred to another pot fishing, the application must be accompanied by statement of what other vessels in the fishing pool, udtrædes by, who must have a deduction of årsmængden due to the overrun. Statement shall be drawn up and signed by the pool fishing, which the applicant resign from.

(5). Vessel owner shall, prior to the entry into another pot fisheries deliver a statement of its fishing rights to the remaining pot fishing, sought entry into the. Statement shall contain information on the vessel's quota, årsmængde, registered landings in the current year as well as the uopfiskede amount.

Entry into an ongoing pool fisheries throughout the year

§ 14. Fisheries Directorate may, on application, grant permission for a vessel owner with his vessel and associated fishing rights may intervene in an ongoing pool fishery after the commencement of the 13-month period for which permission to that pot fisheries are given for, if





1) the question as first-time established in accordance with the rules in force at any time in regulatory notice has been given permission to acquire quota shares from other vessels or to receive quota shares on loan basis,

2) the vessel concerned owner has taken over his vessel from a current or former participant in that pool fisheries or

3) there are other special circumstances.





(2). The Fisheries Directorate-General may also, on application, grant permission for a participant in a pool fishery, introduces additional vessels to pool fishing.

(3). Application in accordance with paragraphs 1 and 2 must be submitted via the pool manager. To be used a special application form (application form 2). The application form can be downloaded from the DG's website www.fd.dk or obtained from the Fisheries Directorate, Nyropsgade 30, 1780 København V tlf. 7218 5600.

§ 15. The application referred to in section 14 shall contain the following:





1) providing information about the letters and number and EU-ident. on the vessel.

2) name of vessel owner.

3) information about which IOK-quotas, which are not to be included in the pool fisheries.

4) signature from the vessel owner.

5) power of Attorney from the owner of the vessel to the pool manager and his Deputy to represent the pot fishery over the Fisheries Directorate-General.

6) Consent to entry from the pool manager, his Deputy or all owners whose vessels covered by pool fisheries.





(2). The application must also be accompanied by the following:





1) current date statement per entry date from the pot fishing, sought entry into, and as the owner of the vessel concerned has been made aware of.

2) If pot fishing, there is an appearance in, is organized as a limited company, please attach the print-out of stock the book, showing that the applicant owns at least one share of the company.

3) If pot fishing, there is an appearance in, is organized as a limited company, please attach certified copy of register of shares, showing that the applicant owns at least one share of stock in the private limited company.

4) If pot fishing, there is an appearance in, is organized as a partnership, the partnership shall be attached to the certified copy of the contract, which demonstrates that the applicant is a participant in the partnership.

5) If pot fishing, there is an appearance in, is organized as an association, the Member shall be attached to the certified copy of the TOC, which is signed by the President, indicating that the applicant is a member of the Association.





Exchange and transfer of årsmængder as well as the sale of quota shares

§ 16. Fisheries Directorate may, on application, grant permission for the fishing rights, which forms part of a fishing pool, can be deleted from the pool fishing before the end of the 13-month period for which the authorization is given for, in connection with:





1) Prey of årsmængder according to the rules in force at any time in regulatory notice between a vessel's owner, participating in a pool, and a fishing vessel owner outside this pot fishing, including in connection with trading of quota shares, approved by the Fisheries Directorate-General.

2) transfer of the right to fish a portion of the total årsmængde for a vessel owner outside that pool fisheries in accordance with the rules in force at any time in regulatory notice.

3) Other exceptional circumstances.





(2). Fisheries Directorate may, on application, grant authorization for sale of quota shares out of pool fisheries.

(3). Authorised in accordance with paragraphs 1 and 2 requires that





1) total årsmængde of that quota in the fishing pool, from which fishing rights transferred do not thereby exceeded,

2) all vessel owners participating in pool fishery, has given consent to the shipment, and that

3) application shall be attached to the current date statement per the migration date.





(4). If there is a tie criminal proceedings relating to infringements of fisheries legislation against pot fishing, can a permit in accordance with paragraphs 1 and 2 also be granted only on condition that the owner of the vessel concerned shall lodge a full security for Fisheries Directorate-General of a size, which the Directorate establishes, in the form of a bank guarantee or other comforting assurance requirements as a result of the decision in the criminal proceedings.






(5). Application in accordance with paragraphs 1 and 2 shall be submitted to the Fisheries Directorate of the owner of the vessel concerned and shall be attached to the consent of the Superintendent or his delegate or all pool owners whose vessels covered by pool fisheries. An application must be received in the Fisheries Directorate no later than the 15. November.



Withdrawal of an ongoing pool fisheries throughout the year

§ 17. The Fisheries Directorate-General may on application allow, to a participant in a pool fisheries with its fishing rights, leaving 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) 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 the application be accompanied by the following:





1) Consent to the withdrawal from the pool manager, his Deputy or all vessel owners participating in pool fisheries.

2) current date statement per the withdrawal date.





(3). If there is a tie criminal proceedings relating to infringements of fisheries legislation against pot fishing, a permit in accordance with paragraph 1 may also be subject to the Fisheries Directorate made a bank guarantee or other comforting security of a size determined by the Fisheries Directorate-General, for claims arising as a result of the decision in the criminal proceedings.

(4). Application for permission under paragraph 1 must be received in the Fisheries Directorate no later than the 15. November in the year preceding the expiry of the fishing pool.

Temporary or provisional permission to pool fishing

§ 18. If the application for a permit to pool fishing for the purpose of fishing from the 1. January does not include all information and documentation, as required by the Ordinance, or permission to pool fisheries pursuant to section 2, paragraph 2, for any other reason cannot be communicated before the 1. January, the Fisheries Directorate-General grant a conditional or provisional authorisation to exercise pool fishing in a pool under construction.

(2). A permission under paragraph 1 assumes that the application contains at least:





1) information about the chosen organisational form,

2) identification of the vessel owners and vessels will be subject to pool fishing, and

3) name and address of the pool manager and possibly. delegate.





(3). A permission under paragraph 1 will be subject to the Fisheries Directorate on a specified time has received all the information and documentation required under this Ordinance.

(4). If a condition, as is provided for under paragraph 3 is not met, the Fisheries Directorate-General decide that there can no longer be fished in that pool fishing during construction, and that marking and distribution among the participants of the rights and obligations of the preceding period.





(5). A final permit for the pool fisheries as communicated in renewal of a conditional or provisional authorisation pursuant to paragraph 1 shall have effect from 1 January. January in a year to the 1. February of the following year.



Criminal provisions

§ 19. With fine punished anyone who violates or attempts to violate section 2 (1), sections 3, 5, 6, 7, 8 and section 13, paragraph 5.





(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.



Date of entry into force of

§ 20. The notice shall enter into force on the 1. December 2008.

(2). Executive Order No. 1324 of 30. November 2007 on pot fisheries are hereby repealed.
The Fisheries Directorate-General, the 26. November 2008 Esben Egede R/div a