Ordinance On Pot Fisheries

Original Language Title: Bekendtgørelse om puljefiskeri

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Table of Contents

Publication of pool fishing

Purline of section 36 (3). Paragraph 1, section 36 (a), 4, section 36 c, paragraph 3, section 36 d, paragraph 1. 3, section 36 e (3). Paragraph 1 and 3, and Article 130 (3). 2, in the case of fisheries and fish farming (fisheries law), cf. Law Order no. 978 of 26. September 2008, and according to the authority,

Definitions and general provisions

§ 1. For the purposes of this notice :

1) Pool manager : a person who participates in a pool of fishing vessels with any vessel owners who, with their catch rights, have the authority to represent the pullout fishing of the Fisheries Directorate.

2) Stepfortation : A person who, with their catch rights in a powder fishery, has the authority to represent the pullfishing industry against the Fisheries Directorate when the pool manager is prevented.

3) Prisoners ' rights : a vessel ' s quota share and annual quantities allocated on the basis of the vessel ' s quota (FKA) and individual transferable quota units (IOK).

4) Annual tax return : the assessment of the fishing industry during the preceding calendar year.

5) Current date of inventory : account for the current calendar year per year ; a specified date.

§ 2. The fishing rights of a vessel can only be included in a pool of fishing if the Fisheries Directorate has authorised it.

Paragraph 2. The Fisheries Directorate may, upon request, permit the fishing rights of a vessel to be covered by a vessel to be covered by a fishing vessel from 1. January of one year to 1. February of the following year. Such authorisation shall require that all vessel owners who apply for authorisation to allow their fishing rights to be included in a pool fishery shall designate a pool manager and replace it for the relevant pool of the fishery.

§ 3. Where a pool manager or deputy is to resign, all vessel owners participating in the fishery in question shall, without undue delay, occupy a new pool manager or step up to represent the pullout of the Fisheries Directorate ; and send power of attorney to this effect to the Fisheries Directorate, cf. Section 9 (1). 2, no. 7.

§ 4. Authorisation in accordance with section 2 (2). 2 for the fishing rights of a vessel to be included in a pool of fishing means that :

1) FKA and annual quantities allocated on the basis of the FKA to which the vessel owner receives for the vessel in question shall be included in the area of the pool of the vessel ; and

2) IOK and year-long quantities are allocated on the basis of the IOK, as the vessel owner receives for the vessel in question during the period in which the authorization is granted, in the case of quotas of IOK, which, according to the regulation notice, is included in the said vessel. The year in question can be included in a pool of fishing.

Paragraph 2. In the case of application for authorisation for pool fishing, the vessel owner may choose that the annual quantities of specified IOK quotas should not be included in the pool fishing sector.

§ 5. If a vessel is included in a powder fishery, the vessel must not be operated by a vessel with a vehicle outside the pullfishing of quotas that are part of the pullfishing sector.

Paragraph 2. A vessel may not be associated with one (1) pool of fishing.

Paragraph 3. In the case of a vessel owner who participates in a pool fishery, a trader is registered as a commercial fisherman, as defined in the case of the fishing vessels. Section 17-22 of the Fisheries Act, rules and conditions for this registration must continue to be complied with, including the requirement that fishing on the fishing rights must be carried out only in person and without the use of paid or unpaid help.

Paragraph 4. If, in accordance with section 32, cf. § 34 of Notice no. 51 of 1. February 2006, with subsequent changes (in-place notice), the quota share allocated to a vessel that incorporating its associated trapping rights into the fishery sector must be subject to rules, conditions and conditions for this assignment, including : to allow the vessel owner to avoid a later reduction of allocated vessel quotas in person, the vessel shall be actively involved in the fishing of the FKA species corresponding to the value of the vessel quota units assigned in accordance with the abovementioned provisions.

§ 6. The annual tax return for a powering fishery shall contain information on the total quantity of the total quantity, the total quantity recorded FKA landings and IOK-landings, the total quantity of land-based landings in raging-fishing, and the quantity of unceasefished ; in pool fishing during the preceding calendar year.

Paragraph 2. The date for a powered fishery shall contain information on the total quantity of the total quantity allocated to species, recorded landings in total in the year in the year, year of year, the quantities of which have been allocated to vessels in other pool fishing activities ; the remaining seasths.

Paragraph 3. The steering control manager, its deputy or all vessel owners whose vessels are covered by the pullout shall be signed on the inventory, cf. paragraph 1 and 2 confirm that it is based on the registrations that have been made in accordance with the rules in force at all times and that the pulses are not aware of any landings which have not been registered in accordance with the rules.

§ 7. The pullfishing must be at the latest 15. of January of the year after the start of the pool of the pool, cf. Section 6 (2). 1, over the fishing industry for the Fisheries Directorate, to clarify whether or not there is any over-fishing in the preceding calendar year.

§ 8. Pulse fishing shall ensure that all participants in a pool fishing must be given the opportunity to familiarise themselves with the statement referred to in section 7. In the event that the quantities of the arterial fishing have been exceeded, all participants in the pullfishing sector must have made the statement no later than 15. of January of the year after the start of the pool.

Application for the grant of participation in pool fishing for newly established pool fishing and continuation of on-going pullfishing activities in the following year

§ 9. Application for section 2 (2). 2, shall be submitted together for all vessel owners who are requesting permission to enter into the relevant pool of fishing vessels, they are owners or meowners of. A specific application form must be applied (application schema 1). The application schema may be obtained from the Directorate-General's website www.fd.dk or requisitioned at the Fisheries Directorate, Nyropsgade 30, 1780 Copenhagen V, tlf. 7218 5600.

Paragraph 2. The application must have been received in the Fisheries Directorate by the 15th. December of the year before the start of the pool of the pool and shall include :

1) Information about the name of the vessel owner.

2) Information on port identification number and the EU ident. on all vessels.

3) Information on whether or not the vessel owner has taken part in pool fishing for the current year.

4) Information on which IOK quotas are not to be included in the pool fishing industry.

5) Documentation that the pool of the pool is organized as a company, an anpartcompany, a stakeholder, or association, and any possibility. collateral, cf. § 10.

6) Signature of all vessel owners.

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

§ 10. If a pool is organized as a stock company, the application shall be attached :

1) Entities for the company, if it is a newly established company. In the case of on-going pullfish, the statutes must be attached only if they have been changed in relation to the recently submitted statutes.

2) Printing from the Corporate and Corporate Company Registry, which shows that the company is registered, provided that it is a newly established company.

3) This is a copy of the stock book, which shows that all participants in the pool fishing industry own shares in the company.

Paragraph 2. If a pool of a pool is organized as an anpartcompany, the application shall be attached :

1) Entities for the company, if it is a newly established company. In the case of on-going pullfish, the statutes must be attached only if they have been changed in relation to the recently submitted statutes.

2) Printing from the Corporate and Corporate Company Registry, which shows that the company is registered, provided that it is a newly established company.

3) Atteted copy of the list of parties showing that all participants in the pool fishing industry own the parties to the company.

Paragraph 3. If the pool of the pullfishing is organized as a stakeholder, the application shall be attached :

1) Entities for the stakeholder case, if it is a newly established company. In the case of on-going pullfish, the statutes must be attached only if they have been changed in relation to the recently submitted statutes.

2) The certified copy of the stakeholder contract, which shows that all participants in the pool of the taking part in the stakeholder are participating in the stakeholder.

Paragraph 4. If the pullfishing is organized as a union, the application shall be attached :

1) Entities for the association if it is a newly formed association. In the case of on-going pullfish, the statutes must be attached only if they have been changed in relation to the recently submitted statutes.

2) This is a copy of the membership register signed by the President, which shows that all participants in the pullfishing sector are members of the association.

3) Documentation to ensure that the Fisheries Directorate is guaranteed 125,000 kr. in the form of bank guarantee or other reassuring security for requirements which the femoral fishery may deceive as a result of infringement of the fishing legislation, or the evidence that the participants in the pullfishing sector shall be liable to such requirements in person.

§ 11. For companies which have been placed on the application, the application shall be accompanied by the request for a legal or auditor-certified documentation.

Application for clearance for vessel owners for vessel owners who have not previously participated in powder fishing or who wish to move to another pool fishery after the 13-month period ;

§ 12. The Fisheries Directorate may, upon application, permit a vessel owner who has not previously been involved in pool fishing before 1 of them. March can enter into a pool of fishing that has been driving pulses in the past year too. Authorisation shall be granted with effect from 1. of January in the application year and to the first 1. February of the following year.

Paragraph 2. The Directorate-General may, upon application, permit a participant in a pool fishery to move to another pool of fishing by discarded after the 13-month period for which the pullfishing authorization is granted, and then before 1. March will enter into a new pullout fishing with effect from 1. January and 1. February of the following year, cf. Section 36 c of the fishing law.

Paragraph 3. Application for paragraph 1 1 and 2 shall include the following :

1) Information about the name of the vessel owner.

2) Information on port identification number and the EU ident. on the vessel.

3) Information on which IOK quotas are not to be included in the pool fishing industry.

4) Signature of the vessel owner.

5) The power of vessels from the vessel owner to the pool manager and his representative to represent the pullout of the fishing industry against the Fisheries Directorate-Office.

Paragraph 4. The application shall be accompanied by the following :

1) Date inventory per the date of entry from the pool of the powder in which the vessel in question has been made, and as the vessel concerned has been made aware.

2) If the pool of the pullfishing that is caught is organized as a company, enclosed by the asset book, showing that the claimant owns at least one share in the company.

3) If the pool of the pulses is organized as an anpartcompany, it shall be accompanied by a certified copy of the list of parties showing that the claimant owns at least one party in the anpartcompany.

4) If the pool of the traineal fishing activities is organized as a stakeholder, it shall be accompanied by a certified copy of the stakeholder contract, showing that the applicant is a participant in the stakeholder.

5) In the event of an association of the pool fishing activities organized as a union, it shall be accompanied by a certified copy of the member register signed by the President showing that the applicant is a member of the association.

§ 13. Permission to a participant can move to another pool of fishing, cf. § 12, paragraph 1. Paragraph 2 shall be subject to the reduction of fishing rights in the pool of fishery to which the applicant shall resign if a decision has been taken on this subject under Article 36 b of the fishing law.

Paragraph 2. Where an undecided criminal proceedings against the fishing law against the control of the carpool which the applicant is issued is subject to authorization shall also be subject to the security of the requirements of the Fisheries Directorate as a result of a decision in : in the form of bank guarantee or other reassuring security, the criminal proceedings shall be subject to the penalties provided for in the Agency.

Paragraph 3. The application shall contain documentation for compliance with the conditions laid down in paragraph 1. 1 and 2 and today ' s date of inventory per the date of withdrawal from the powders of the pool of which it is to be discarved.

Paragraph 4. If the applicant in the pool of the pulses has more fished more than the quantity of the vessel with one or more vessels intended to be transferred to another pool of fishing, the application shall be attached to the other vessels in the pool of the fishery ; extract from the rate of deduction due to the overrun. The depreciation shall be drawn up and signed by the powders of the application of which the applicant is replaced.

Paragraph 5. The owner of the vessel must, prior to the entry into another pool of fish, shall deliver an inventory of its remaining fishing rights to the pool of the entry into which it is intended to be enquished. The decision shall include information on the vessel ' s quota, the length of the year, the recorded landings in the current year, and the quantity of unceafiable quantities.

Entrement in an ongoing pool fishing during the year

§ 14. The Fisheries Directorate may, upon request, permit a vessel owner to enter an on-going line fishery after the commencement of the 13-month period as the permit for the fishing rights of the vessel to be attached at the beginning of the 13-month period. the pool of pulses in question shall be given, if :

1) the person concerned as first-off-set after the rules in force in the regulatory notice shall be authorised to acquire quota units from other vessels or to obtain quota units on a loan basis,

2) the vessel owner concerned has taken over its vessel from a current or previous participant in the relevant pool of fishing ; or

3) there are other special circumstances.

Paragraph 2. The Directorate-General may, upon application, also grant permission for a participant in a pool of fishing, to introduce additional vessels to the pool of fish.

Paragraph 3. Application for st1 .1 and 2 shall be submitted through the pool manager. A specific application form must be applied (application schema 2). The application schema may be obtained from the Directorate-General's website www.fd.dk or requisitioned at the Fisheries Directorate, Nyropsgade 30, 1780 Copenhagen V, tlf. 7218 5600.

§ 15. The application referred to in Section 14 shall include the following :

1) Information on port identification number and the EU ident. on the vessel.

2) The name of the vessel owner.

3) Information on which IOK quotas are not to be included in the pool fishing industry.

4) Signature of the vessel owner.

5) The power of vessel owner of the vessel owner to the pool manager and his representative to represent the pullout of the Fisheries Directorate.

6) Consent to the entry into force of the pool manager, its deputy or all vessel owners whose vessels are covered by the pullout fishery.

Paragraph 2. The application shall also be accompanied by the following :

1) Date inventory per the date of entry from the pool of the powder in which the vessel in question has been made, and as the vessel concerned has been made aware.

2) If the pool of the pullfishing that is caught is organized as a company, enclosed by the asset book, showing that the claimant owns at least one share in the company.

3) If the pool of the pulses is organized as an anpartcompany, it shall be accompanied by a certified copy of the list of parties showing that the claimant owns at least one party in the anpartcompany.

4) If the pool of the traineal fishing activities is organized as a stakeholder, it shall be accompanied by a certified copy of the stakeholder contract, showing that the applicant is a participant in the stakeholder.

5) In the event of an association of the pool fishing activities organized as a union, it shall be accompanied by a certified copy of the member register signed by the President showing that the applicant is a member of the association.

Trade and transfer of the annual quantities and the selling of quota units

§ 16. The Fisheries Directorate may, upon request, permit the fishing rights of any fishery to be depired within the expiry of the 13-month period for which the authorisation is granted, in the context of :

1) Trade in decades after the rules in force at all times in the regulation notice between a vessel owner participating in a pool of fishing and a craft owner outside of this pool of fishing, including in the case of trading of quota units which are approved by the Fisheries Directorate.

2) The transfer of the right to fish a part of the total annual quantity to a vessel owner outside this pool of fishing, in accordance with the rules in force in the regulation notice.

3) Other special circumstances.

Paragraph 2. The Fisheries Directorate may, upon application, authorise the sale of quota units in the form of the pool fishing industry.

k. 3 Authorisation in accordance with paragraph 1. 1 and 2 require that :

1) the total amount of the quota in question in the pool of fish from which the catch is not carried over,

2) all vessel owners participating in the pullfishing have given consent to the transfer and that :

3) the application shall be accompanied by the date of inventory per ; the date of transfer.

Paragraph 4. If there is an undecided criminal proceedings against the fishing legislation against the pool of fish, a permit shall be subject to a permit in accordance with paragraph 1. Article 1 and 2 shall also be conditional on the safety of the vessel concerned in respect of the fishing industry as a means by means of bank guarantees or other reassuring safety requirements as a result of a decision in the criminal proceedings.

k. 5 Application for paragraph 1. 1 and 2 shall be submitted to the Fisheries Directorate of the vessel concerned and shall be accompanied by the approval of the pool manager, its deputy or all vessel owners whose vessels are covered by the pullout fishery. An application shall be received in the Fisheries Directorate by the 15th. November.

withdrawal of an on-going powder fishing during the year

§ 17. The Directorate-General may, upon application, permit a participant in a pool fishing fishing rights to be replaced by the pool fishing activity before the end of the 13-month period for which the authorization is granted, if :

1) the vessel in the person concerned has been taken over by a death nest or a bankruptcy estate ;

2) the person concerned, due to sickness, is not in a position to carry out fishing ; or

3) there are other special circumstances.

Paragraph 2. Authorisation pursuant to paragraph 1. 1 may be granted only if the application is accompanied by the following :

1) Consent to the application from the pool manager, his deputy or all vessel owners participating in the pool fishing sector.

2) Date inventory per the date of withdrawal.

Paragraph 3. If there is an undecided criminal proceedings against the fishing legislation against the pool of fish, a permit shall be subject to a permit in accordance with paragraph 1. Paragraph 1 shall also be conditional upon the guarantee of a bank guarantee or other reassuring security of a size laid down by the Fisheries Directorate as a result of a decision in criminal proceedings.

Paragraph 4. Application for authorisation pursuant to paragraph 1. 1 shall be received in the Fisheries Directorate by the 15th. November of the year before the end of the pool of the pool.

Non-Persistent or provisional authorisation for pool fishing

§ 18. If the application for authorisation for pool fishing for the purpose of fishing from 1 shall be taken. January does not contain all the information and documentation required by the notice or permission for powders in accordance with section 2 (2). 2, for other reasons, cannot be communicated before the 1. In January, the Fisheries Directorate may notify a conditional or provisional authorisation to exercise pool fishing in a pool fishery during construction.

Paragraph 2. A permit after paragraph 1. 1 assumes that the application must contain at least :

1) information on the form of the organizational form,

2) identification of vessel owners and vessels which will be covered by the pullfishing sector ; and

3) the name and address of the pool manager and any possibility. Delegate.

Paragraph 3. A permit after paragraph 1. Paragraph 1 shall be subject to the fact that the Fisheries Directorate at a specified time has received all the information and documentation required by this notice.

Paragraph 4. Where a condition has been determined in accordance with paragraph 1. The Fisheries Directorate may take a decision that no longer be allowed to fish during the establishment and to take account of the contestants of rights and obligations on the part of the Member States, Last period.

Paragraph 5. A final authorisation for powders shall be granted for the continuation of a conditional or provisional authorization pursuant to paragraph 1. 1 has effect from 1. January of one year to 1. February of the following year.

Penalty provisions

§ 19. The penalty shall be penalised by the penalty which violates or attempts to infringe § 2, stk.1, sections 3, 5, 6, 7, 8 and 13 (3). 5.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force

20. The announcement shall enter into force on 1. December 2008.

Paragraph 2. Publication no. 1324 of 30. November 2007 on pool fishing is lifted.

The fishing Directorate, the 26th. November 2008 Esben Eoked Rasmussen / Annelise Andersen