Act On Fishing And Fish Farming (Fisheries Act)

Original Language Title: Bekendtgørelse af lov om fiskeri og fiskeopdræt (fiskeriloven)

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Overview (table of contents)

Chapter 1

Purpose of the Act, scope and definitions


Chapter 2

Advisory committees


Chapter 3

Administration of Community acts and of international agreements in fisheries and fish farming


Chapter 3 a

Environmental damage to protected species or international nature conservation areas


Chapter 3 b

Conservation and Protection, etc. of certain natural habitats, wild flora and fauna


Chapter 4

Fishing Forms and licensed fishing


Chapter 5

Promotion, protection and conservation of fish stocks


Chapter 6

Fishing gear


Chapter 7

Regulation of commercial fishing in saltwater


Chapter 8

Vessels fishing license


Chapter 9

Regulating recreational fishing


Chapter 10

Special rules for freshwater


Chapter 11

DEK and recreational fishing sign


Chapter 12

Fish Care and releases etc.


Chapter 13

Breeding in saltwater


Chapter 14

Mutual codes of conduct between fishermen


Chapter 15

Fishermen compared to other activities


Chapter 16

Initial reaction of fish


Chapter 17

Administration of production levies


Chapter 18

Scientific studies etc.


Chapter 19

Delegation and redress


Chapter 20

Submission and processing of information


Chapter 20 a

Measures during accidents and disasters, including acts of war, etc.


Chapter 21

Fees, etc.


Chapter 22

Control and supervision


Chapter 23

Punishment, prosecution and confiscation


Chapter 24

Commencement and transitional provisions, etc.


Appendix 1

Contents


Appendix 2

Target species of community interest whose taking in the wild and exploitation will be subject to management measures


The full text
Act on fishing and fish farming (Fisheries Act) 1)
hereby promulgated law on fisheries and aquaculture (Fisheries Act), see. Legislative Decree no. 978 of 26 September 2008, with the changes arising from § 47 of law no. 1336 of 19 december 2008, § 2 of the law no. 1513 of 27 december 2009, § 53 of law no. 718 of 25 June 2010, § 2 of the law no. 604 of 14 June 2011, law no. 388 of May 2, 2012, § 6 of the law no. 446 of 23 May 2012, law no. 1148 of 11 december 2012 and § 9 of the Act no. 310 of 29 March 2014

Chapter 1

Of the goals, scope and definitions

§ 1. The purpose of the Act is through a management ensuring the protection and promotion of living resources in salt and fresh water and the protection of other animal and plant, to ensure a sustainable basis for commercial fishing and related industries and provision for recreational fishing.

§ 2. The law governing fishing in saltwater and freshwater, see. § 3, no. 3 and 4, for fish farming and for the sale etc. of fish as well as for areas covered by EU legislation on fisheries area. Minister for Food, Agriculture and Fisheries may determine that the law or parts of it must also apply to algae.

PCS. 2. The Minister may decide that the law and regulations established pursuant to this Act shall apply to fish landed in this country, even if fishing is not covered by paragraph. 1.

PCS. 3. The rules laid down under the Act may be issued for the entire country or for specific local areas. The rules may include all or some forms of fishing under. Chapter 4.

§ 3. For the purposes of this Act:

1) Fish: Any kind of fish, echinoderms, crustaceans and molluscs, components, products, and portions thereof, including farmed species.


2) Pool Fishing: fishing activities carried out jointly by the self-employed fishermen or commercial fishing companies with vessels they own or co-own, so that a participant with his vessel may use fishing rights associated with another pool participant vessel.

3) Saltwater: Danish fishing waters and fishing with Danish-registered vessel outside this range.

4) Fresh water: Lakes, rivers, streams and other similar natural fresh waters and canals, ditches and the like artificially produced waters that are part of or replaces parts of a natural watercourse system, or draining into the sea, and, where specifically stated, see. § 41, flooded areas and artificially produced fresh waters that are not included as part of or in lieu of part of a natural watercourse system or draining into salt water.

5) Revenue etc: Negotiation, storage, transport, processing, acquisition, receipt, distribution and import of fish in Denmark and trade and the export of fish, which takes place from Denmark.

6) EU instruments: the European Union regulations, directives and decisions referred to. § 10.

7) International nature conservation area and species for which a site is designated: Area and associated species to be protected according to rules set by the Minister in accordance with Council Directive no. 92/43 / EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora (EC Habitats Directive) and Council Directive no. 79/409 / EEC of 2 april 1979 on the conservation of wild birds (EC birds Directive.)

Chapter 2

Advisory Committee

§ 4. For advice on the implementation of the Act, the Minister for Food, Agriculture and Fisheries following committees:

1) EU fisheries committee in accordance. § 5.

2) The Committee for Commercial, see. § 6

3) The Committee for Recreational Fishing, Freshwater Fisheries and Fish Care, see. § 7.

4) Committee for mussel production, see. § 6 a.

PCS. 2. The Minister may also appoint committees for local areas, see. § 8.

§ 5. EU Fisheries Committee advises the Minister for Food, Agriculture and Fisheries of reflection on the European Union fisheries policy and establishing the rules necessary to implement the in § 10, the EU legislation on fisheries area.

PCS. 2. (Repealed)

§ 6. The Committee for Commercial advises the Minister for Food, Agriculture and Fisheries on the planning and preparation of rules on the provision and regulation of commercial fishing as well as fishing capacity, tool use, etc. and establishing the rules on first sales of fish.

PCS. 2. (Repealed)

PCS. 3. (Repealed)

§ 6 a. Committee for Mussel Production advises the Minister for Food, Agriculture and Fisheries on initiatives to promote sustainable commercial development of fishing and farming of mussels, oysters and other molluscs, including establishing rules on fishing and farming. The Committee also advises other authorities responsible for issuing and administering rules affecting the commercial exploitation of mussels, oysters and other bivalve molluscs.

PCS. 2. (Repealed)

§ 7. The Committee for Recreational Fishing, Freshwater Fisheries and Fish Care advises the Minister for Food, Agriculture and Fisheries laying down rules for recreational fishing and freshwater fishing and for fish care.

PCS. 2. (Repealed)

§ 8. The Minister for Food, Agriculture and Fisheries may establish committees to advise in the preparation of fishing rules for a specified locality.

PCS. 2. (Repealed)

§ 9. The Minister for Food, Agriculture and Fisheries rules of procedure of the in §§ 5-8 that Committee and appoint the chairmen.

PCS. 2. The rules of procedure specify the composition of committees, including which organizations should be represented on that committee and the number of representatives of individual organizations or groups of organizations.

PCS. 3. The Minister may decide that the committees for a period or for discussion of individual issues extended to individuals with special expertise or representatives of other authorities or organizations other than those included in the composition. The Minister may set up subcommittees.

Chapter 3

Administration of Community acts and of international agreements in fisheries and fish farming


§ 10. The Minister for Food, Agriculture and Fisheries may lay down rules or take decisions in order to meet the European Union's directives and decisions in fisheries and fish farming. The Minister may also lay down the rules and the measures needed to meet European Union regulations for fisheries and fish farming.

PCS. 2. The Minister may lay down rules or decide whether derogation from the rules of the paragraph. 1 such acts to the extent that these contain access.

PCS. 3. The Minister may lay down rules necessary for the implementation of international treaties and conventions on fisheries and fish farming compared concluded before accession to the European Union, which remain valid.

PCS. 4. With regard to EU legislation in the fishing and fish farming, which belongs to the other ministers resort, exercised powers under subsection. 1 and 2 of the minister.

Chapter 3 a

Environmental damage to protected species or international nature conservation areas

§ 10 a. An environmental damage or an imminent threat of environmental damage means in accordance with §§ 7, 10 and 11 of the Environmental Damage Act.

§ 10 b., The operator means the person who operates or controls the occupational activity.

PCS. 2. When the person responsible for environmental damage or an imminent threat of environmental damage means the person responsible for the operation, if the damage or the imminent threat of damage caused by negligent conduct of the person concerned.

§ 10 c. The Minister for Food, Agriculture and Fisheries shall lay down rules on the prevention and reporting of environmental damage or an imminent threat of environmental damage to protected species and international nature conservation areas in pursuit of commercial fishing activities to implement the directive on environmental liability so far the prevention and remedying of environmental damage, including

1) notification and information for the person responsible for operation in case of environmental damage or an imminent threat of environmental damage

2) issue orders to the person responsible for the operation to submit information relevant to the assessment of whether there is environmental damage or an imminent threat of environmental damage, including orders for investigations, analyzes of substances and the like. in order to clarify the cause and effects of environmental damage or an imminent threat of environmental damage, and

3) appeal decisions, including appeals officer.

Chapter 3 b

Conservation and Protection, etc. of certain natural habitats, wild flora and fauna

§ 10 d. The Minister for Food, Agriculture and Fisheries shall lay down rules on fishing and fishery farming activities covered by this law to avoid the deterioration of natural habitats and habitats of the species in the international protection areas as well as disturbance of the species for which the areas are designated, if such disturbance significant implications for the objectives of Council Directive 92/43 / EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora.

PCS. 2. In order to carry out in paragraph. 1 above, the Minister for Food Agriculture and Fisheries also take appropriate measures for fisheries and fisheries breeding activities covered by this Act, including the issue of term or notice of injunction or order.

§ 10 e. Permission for fishing and fish farming activities covered by this Act or rules laid down under this Act, likely by itself or together with other activities that could affect an international protected area important to be assessed for activity's effect on the site in view the conservation objectives (environmental impact assessment).

PCS. 2. The environmental impact assessment may be made by the Minister for Food, Agriculture and Fisheries or the applicant for authorization to carry out the activity. The Minister may refuse to make an assessment if it is deemed that the requested activity will be incompatible with the conservation objectives of the site or the extent of the proposed project is estimated to be disproportionate in relation to the cost of an environmental impact assessment. If the assessment is not made by the Minister, any assessment as may be provided by the applicant, in the basis for the Minister's decision on whether the license can be granted for the requested activity.


PCS. 3. If the Minister for Food, Agriculture and Fisheries deems it necessary, the environmental impact assessment be subject to consultation with the public, authorities and organizations before deciding whether to grant permission.

PCS. 4. Permission for fishing and fish farming activities covered by this Act or rules laid down under this Act may be granted only if

1) activity does not harm an international conservation integrity or

2) The overriding public interest, including those of social or economic nature, makes it imperative to carry out the activity, and there is no alternative settlement. However, § 10 f.

§ 10 f. If an activity covered by § 10 ei itself or together with other activities deemed to be harmful to an SAC a priority natural habitat type or a priority species, the Minister for Food, Agriculture and Fisheries only grant authorization for the activity, if

1) this is necessary for human health, public security or achieve significant beneficial effects on the environment or

2) other significant public interest makes the implementation imperative.

PCS. 2. Authorisation under paragraph. 1 pt. 2, can be given only after obtaining an opinion from the European Commission.

§ 10 g. When a license is granted pursuant to § 10 e, paragraph. 4, no. 2, or § 10 f paragraph. 1, the Minister for Food, Agriculture and Fisheries conditions for appropriate compensatory measures necessary. The Minister shall inform the European Commission of the compensatory measures adopted.

§ 10 h. The Minister for Food, Agriculture and Fisheries may lay down rules on

1) notification and authorization for fishing and fish farming activities covered by this Act, including on environmental impact assessment's contents and extent

2) information and consultation of the public concerned and the relevant authorities and organizations on environmental impact assessments according to § 10e paragraph. 2

3) conditions and compensation measures, which may be attached to the permit and

4) issuing orders in order to avoid major disruption or deterioration of a conservation area and the species associated with it.

§ 10. The Minister for Food, Agriculture and Fisheries may provide that, before any decision is taken pursuant to §§ 10 d-10 f, for seeking the opinion of the Minister or a government agency, as the Minister has given authority for environment - or conservation conditions.

§ 10 j. Minister for Food, Agriculture and Fisheries shall lay down the rules or implement the measures in the light of the Minister of the Environment monitoring of conservation status of wild animal species listed in Annex 2 are considered necessary to ensure that the taking in the wild of the wild animal species and exploitation is compatible with their favorable conservation status of these species.

PCS. 2. The Minister may decide to derogate from the rules laid down in accordance with paragraph 1 to

1) protect wild fauna and flora and conserving natural habitats,

2) prevent serious damage to crops, livestock, forests, fisheries, water and other forms of property,

3) ensure the interests of public health and safety or other imperative reasons of overriding public interest, including those of social or economic nature, and in significant beneficial effects on the environment

4) promote research and teaching and

5) restore a stock and discard or breeding species, including artificially propagate plants.

PCS. 3. Exemption pursuant to subsection. 2 shall not prevent the maintenance of the species' favorable conservation status in their natural range.

Chapter 4

Fishing Forms and licensed fishing

A. General

§ 11. Self-contained commercial fishing in salt water may only be operated by

1) commercial fishermen with A-status registered according to § 14 paragraph. 1, under regulations made pursuant to § 14 paragraph. 4, or after the authorization pursuant to § 21 paragraph. 1

2) commercial fishermen registered according to § 17 paragraph. 1, under regulations made pursuant to § 17 paragraph. 2 or 3, or for authorization pursuant to § 21 paragraph. 1

3) companies registered in accordance with § 16

4) shipping partnerships that meet the conditions for owning a fishing vessel referred to. § 39 paragraph. 1 and

5) non-profit educational institutions that educate fishermen and approved by the Minister for Food, Agriculture and Fisheries pursuant to § 16 a.


PCS. 2. Independently commercial fishing in saltwater must also operated

1) associated with ålegårdsrettigheder and other special fishing rights, in accordance. § 24, and

2) some farmers see. § 25.

PCS. 3. Recreational fishing may be carried out

1) anglers see. § 26, and

2) anglers see. § 27

PCS. 4. For fishing rights in freshwater, the provisions of § 28

§ 12. Only persons or companies that are registered as entitled to operate independently commercial fishing under. § 11 paragraph. 1 and 2 shall against payment transfer catches from their fishing. Minister for Food, Agriculture and Fisheries may, however, permit institutions etc. with a socially or educationally purposes for consideration may transfer catches from fishing, operated with more permissible gear.

PCS. 2. The Minister may also taking account of documented professional circumstances allow catches derived from fresh water, are transferred for consideration. Landowners who wish to obtain permission to sell the catch, which dates from the fish water, adjacent to the ground may be authorized without producing the documents listed.

§ 13. Fish may only be reloaded after permission from the Minister for Food, Agriculture and Fisheries.

B. Eligible Fishing in saltwater

Commercial fishermen

§ 14. Persons entitled to be registered as commercial fishermen with A-status, when it is documented that

1) they are Danish nationals or have resided in this country for a continuous period of at least 2 years immediately prior to registration

2) they have been employed in commercial fishery in the previous 12 months, see. Paragraph. 2, and

3) at least 60 per cent. of their gross income on personal business in the previous 12 months comes from commercial fishing, see. paragraph. 3.

PCS. 2. Persons who are employed on board a Danish registered fishing vessel, to demonstrate compliance with the requirement of paragraph. 1 pt. 2, pre-notified by the Minister for Food, Agriculture and Fisheries. The question is then registered as a professional fisherman with B status. The Minister may lay down rules, including regulations on requirements for documentation of prior employment as referred to in paragraph. 1 pt. 2, in cases where employment has not taken place on Danish registered fishing vessel.

PCS. 3. When calculating the gross income of personal activities, see. Paragraph. 1 pt. 3, except income from civic duty. Moreover, apart from income from state pensions for people who before obtaining the right to pension was registered as commercial fishermen. Income from trust in fisheries organizations, including the recruitment of rescue stations and from public duties treated as gross income from commercial fishing for individuals who have previously been engaged in commercial fishing.

PCS. 4. For those who do not comply with paragraph. 1 pt. 1, of Danish nationality or residence, but covered by the European Union and EØS' rules of establishment, freedom of movement and provision of services, establishes the Minister concerning the conditions for registering and maintaining it, including the requirement that fishing activity is pursued in connection with the activities of the Danish fishing industry.

§ 15. Persons who can document that they within the past 5 years before the application has met the conditions for registration pursuant to § 14 paragraph. 1, to obtain registration on this basis.

PCS. 2. Registration after paragraph. 1 lapse if he fails within 14 months of registration to the Minister for Food, Agriculture and Fisheries documenting that the requirements of § 14 paragraph. 1, no. 3, have been met for a period of 12 months after registration. Lapses registration, the person for 5 years from registration not re-registered pursuant to paragraph. 1.

Commercial fishing companies and certain private institutions of education.

§ 16. The stock and limited liability companies can be registered as entitled to operate a commercial fishing when

1) at least 2/3 of the share or share capital owned by persons who are registered as commercial fishermen according to § 14 paragraph. 1, under regulations made pursuant to § 14 paragraph. 4, or after the authorization pursuant to § 21 paragraph. 1, or

2) the Company for 2/3's owned by one or more companies, where the entire stock or share capital owned by persons who are registered as commercial fishermen according to § 14 paragraph. 1, under regulations made pursuant to § 14 paragraph. 4, or after the authorization pursuant to § 21 paragraph. 1.

PCS. 2. Registration can only be done when the statute provides for that


1) shares and shares equal to 2/3 of the share capital can only be issued or transferred to ownership or security for persons and companies registered by the Minister for Food, Agriculture and Fisheries entitled to operate a commercial fishing according to § 14 paragraph. 1, under regulations made pursuant to § 14 paragraph. 4, or after the authorization pursuant to § 21 paragraph. 1

2) 2/3 of the issued shares of companies registered with the no. 1 specified limit transferability, and that the shareholder register of limited companies endorsed this restriction on transfer

3) the transfer of the registered shares and shares requires the consent of the board or for private limited companies, the supreme governing body

4) the listed shares and shares of voting rights or the like have an influence at least equal to the equity investment, and

5) the listed shares and shares to be assigned to a particular stock or share class.

PCS. 3. The Minister may lay down rules to public or private limited company registration in accordance with paragraph. 1 and 4 shall lapse if the notification of transfer of listed shares not notified the control authority within 30 days of the transfer.

PCS. 4. Companies that are registered with the right to operate commercial fishing after July 1, 1986, retains this right, see. However, § 39 paragraph. 1 and 2, see. Paragraph. 4 whether these companies opportunities to gain permission for a vessel used for commercial fishing.

§ 16 a. The Minister for Food, Agriculture and Fisheries may approve independent educational institutions that educate fishermen under the Act on maritime education, as eligible to operate a commercial fishing.

PCS. 2. Educational institutions approved under paragraph. 1 may only exercise independent commercial fishing as part of the training period and with at least one student on board.

Sideline Fishermen

§ 17. Eligible for registration as commercial fishermen are people who have Danish citizenship or has been resident in the country for a continuous period of at least 2 years immediately prior to registration if they

1) were registered as commercial fishermen by the end of 1983, and the registration is maintained

2) registered as commercial fishermen,

3) permitted by a decision of the in § 19 tribunal mentioned to operate sideline fishing in a specified area or

4) prove that for a period of 12 consecutive months in the period 1 January 1996 to 1 October 1998, had an income of 10,000 kr. Or more from sales of catches obtained by recreational fishing.

PCS. 2. The Minister for Food, Agriculture and Fisheries may lay down rules that may apply to be licensed to persons not complying with paragraph. 1 can be registered as commercial fishermen, if they can prove otherwise having acquired knowledge of commercial fishing.

PCS. 3. For those who do not comply with paragraph. 1 for Danish nationality or residence, but covered by the European Union and EØS' rules of establishment, freedom of movement and provision of services, establishes the Minister concerning the conditions for registering and maintaining it, including the requirement that fishing activity is exercised in connection to do in the Danish fishing industry.

PCS. 4. Sideline Fishermen registered in accordance with paragraph. 1, no. 2, 3, or 4, or pursuant to a license under paragraph. 2, should be to preserve this right could prove that at least 5 per cent. of the gross income of personal activities in the previous 12 months dating from sideline fishing. When calculating the gross income of personal activities apart from income from state pensions for people who before obtaining the right to pension was registered as commercial fishermen and commercial fishermen.

PCS. 5. The Minister may authorize the registered commercial fishermen who do not meet the requirement of paragraph. 4, can maintain registration as a sideline fishing if the operator can prove that in a period of 12 consecutive months within the past 5 years, where they have been registered as a professional or commercial fishermen, has met the income requirement in paragraph. 4.

PCS. 6. Maintenance of registration under subsection. 5 is subject to the latest 14 months after the license has been granted for the maintenance of registration under subsection. 5 demonstrates that the income requirement in paragraph. 4 have been met for a period of 12 months after authorization. Lapses registration, the person involved in the five years from license issuance not re-obtain permits under paragraph. 5.


§ 18. Sideline fishing should be operated only in person and without the use of well-paid as unpaid assistants.

§ 19. For the final administrative decision of applications for permission to operate a sideline fishing under. § 17 paragraph. 1, no. 3, the Minister for Food, Agriculture and Fisheries a board.

PCS. 2. The Board shall consist of two representatives of the Ministry of Food, Agriculture and Fisheries, 2 representatives of the Danish Fishermen's Association and a representative of the Danish Coastal Fishing Association, National Organization of Denmark Retail fishmongers, Danish Anglers Association, Freshwater Fishermen Denmark, Danish Amateur Fishermen's Association and the Danish Fritidsfiskerforbund. The Minister shall lay down the rules of procedure and appoint board's chairman.

PCS. 3. Authorisation may be granted to persons who can prove to have been anglers through 5 years. Board must by its decisions pay particular attention to whether an authorization would be essential for the maintenance of fishing in the local area and the possibility of a versatile harbor, which also includes commercial fishing and related activities. In doing so, regard shall be had to the commercial fishery that is already going on in the local area. The board will also focus on whether the applicant through its recreational fishing has acquired knowledge of the type of fishing desired exercised. The Board may impose restrictions on the types and number of tools that may be drawn sideline fishing.

Provisions common to the right of commercial and sideline fishing in saltwater

§ 20. The Minister for Food, Agriculture and Fisheries may lay down rules on the approval and maintaining the right to operate the business and sideline fishing for individuals and companies as well as evidence that the conditions for the registration and maintenance of this are met.

§ 21. The Minister for Food, Agriculture and fisheries, although the terms of §§ 14 and 17 or in regulations established pursuant thereto are not fulfilled, authorization for that person is registered as an industrial or commercial fishermen when specific social or health considerations.

PCS. 2. The Minister may lay down rules on the involvement of expertise to use for determining whether there can be obtained a license under paragraph. 1.

§ 22. The Minister for Food, Agriculture and Fisheries may grant authorization for that person who takes over an ongoing fisheries undertaking or part thereof by inheritance or acquisition of undivided possession can continue to fish, regardless of the conditions of §§ 14 and 17 or in rules set pursuant to it are not met.

§ 23. The Minister for Food, Agriculture and Fisheries may derogate from the provisions of §§ 14 and 16 when deemed of interest for the development of fishing.

C. Special fishing rights in saltwater

Replaced ålegårdsrettigheder and similar special rights

§ 24. fishing activities carried out in pursuance of decisions under § 13 A and B § 13 of Act no. 178 of 23 June 1956 on the relief and State acquisition of the right to fish and eels were farmed and other special rights to fishing in coastal waters may continue until rights for their content lapses. The specific contents of the right enjoyed by copyright holders, provided for in the individual orders. In addition, the special rules of § 74 are observed.

farmers

§ 25. Persons under the former rules are registered with the Ministry of Food, Agriculture and Fisheries as farmers with the right to operate in connection with agriculture, retains this right.

D. Recreational fisheries

Anglers

§ 26. Any exercise of angling with rod, jig or other light hand tools when the rules of § 54 of angling are met.

Recreational Fishermen

§ 27. In addition to the mentioned in § 26 angling to persons not registered as commercial or commercial fishermen, or which is not particularly fishing justified under §§ 24 and 25, engage in recreational fishing. Minister for Food, Agriculture and Fisheries may lay down rules on the conditions for the exercise of recreational fishing, including the tools that might be used in recreational fishing.

PCS. 2. Fishing in freshwaters, there is fishing, subject to the rules on recreational fishing, unless the Minister for Food, Agriculture and Fisheries to allow for documented business conditions to enable the catch can be transferred for consideration, see. § 12 paragraph. 2.

E. Fishing rights in freshwater


§ 28. The right to fish in fresh water to the owner of the land adjacent to the fish water unless others have acquired a special right to fish in fish water.

PCS. 2. The right to fish may not be transferred to anyone but the landowner, the state or municipalities. Furthermore fishing rights for rent, with a maximum of 25 years at a time.

PCS. 3. Fishing Gudenåen on the stretch between Randers Bridge and Frisenvold Fish Farm can be practiced by anyone.

§ 29. The person who has acquired the right to fishing, have the right to move on the banks along the water, to the extent necessary to carry on fishing.

PCS. 2. The fisheries officer must because the owner's request to demonstrate its right to fish.

PCS. 3. The fisheries officer in the exercise of fishing as necessary on a temporary basis to land their boats and nets on the adjacent property.

PCS. 4. Property owners may at any time prohibit the movement in the garden and courtyard.

PCS. 5. If during the exercise of traffic and landing rights injury, determined the amount of compensation in the absence of agreement between the parties of the under the Act on the field and vejfred appointed assessment men.

Chapter 5

Promotion, protection and conservation of fish stocks

§ 30. The Minister for Food, Agriculture and Fisheries may lay down rules

1) total or partial preservation of specified stocks and aquatic

2) allowable minimum on fish and

3) total allowable catches of specified stocks.

PCS. 2. The Minister may lay down rules on that matter a preservation under subsection. 1 pt. 1, may be allowed fishing and landing of a specified number of salmon in the specified water systems. The Minister may determine that such permission can only be given to an open association of licensed fishing by the water system or possibly to several groups of persons, if these each comprising at least one third of the part of the water system, which landings of salmon. The Minister may lay down rules on application, permit and for the exercise of fishing.

§ 31. In order to ensure fish passage, the Minister for Food, Agriculture and Fisheries lay down rules on preservation zones, where fishing or specific fisheries fully or partially prohibited in and around

1) water supply outlet in streams, rivers and lakes,

2) water supply flows into salt water,

3) fjords and other indvandes estuaries and

4) other places where conditions make fish passage difficult.

Chapter 6

Fishing gear

§ 32. The Minister for Food, Agriculture and Fisheries may lay down rules on the use, design, mesh size, location and number of permitted fishing gear, labeling and marking of fishing gear and poles, including measures to establish and distance between them and the registration of places for fixed fishing gear.

PCS. 2. Rules on marking and location of fishing gear in saltwater down after negotiations with the Defense Minister and the Minister.

PCS. 3. The Minister for Food, Agriculture and Fisheries may lay down rules on whether new fishing gear and devices whose design differs significantly from previously known methods may be used, and the use of such tools. The Minister may also establish rules for measuring mesh sizes.

PCS. 4. Along the coastline is prohibited throughout the year at a distance of 100 m from the low-water use gillnets. The Minister may lay down rules discrepancies in the distance from the coast and the prohibited period.

§ 33. All gear shall, to the extent that weather conditions permit, tended regularly and so often that the fish caught live opportunities not unduly impaired.

PCS. 2. The Minister for Food, Agriculture and Fisheries may lay down rules that gear must not be left unattended at certain times of day.

Chapter 7

Regulation of commercial fishing in saltwater

A. Regulatory measures

§ 34. The Minister for Food, Agriculture and Fisheries may lay down rules on the commercial exploitation of resources, including

1) share of the fishing availabilities timely and waters

2) total or partial suspension of fishing and landing of specified species or procedures necessary when the catch levels of the fishery in relation to the fishing availabilities justify,

3) distribution of available catches at prescribed quotas for groups of vessels for each fishing vessel or gear types


4) distribution of available catches for the purpose of their use, including respectively for human consumption and industrial purposes,

5) the maximum fishing time, the number of landings and TACs per. landing and

6) special quotas within the fishing availabilities to cover catches.

PCS. 2. In determining the rules referred to in paragraph. 1 emphasis is beyond consideration for resources conservation and reproduction special emphasis on resources rationally, including seasonally best utilization, the ratio between available resources and the fishing capacity in fisheries and economic and employment concerns in the fishing industry, processing industry and related economic activities both for the country as a whole and individual parts of the country.

PCS. 3. Rules on the closure of the fisheries and amending the conditions for fishing practice issued under this Act does not feed in the Official Gazette.

PCS. 4. In paragraph. 3 said rules published under regulations made by the Minister for Food, Agriculture and Fisheries.

§ 35. Rules in accordance with § 34 may be issued for a year or for several years. The issued rules can be amended in the light of the development of fishing, see. § 34 paragraph. 2.

B. Fishing permits and fishing pool

§ 36. The Minister for Food, Agriculture and Fisheries may lay down rules requiring authorization to pursue commercial fishing on fish resources that are available for Danish fishermen, and on the issue of consent. The Minister may in this connection lay down rules mandating that a vessel owner's fishing rights are part of a pool fishery defined. § 3, no. 2, including the fishing rights that may benefit from a pool fishing, management of a pool fishing, reporting to the Ministry of food, Agriculture and fisheries and the number of participants in a pool fishing.

PCS. 2. The authorization may be limited in time and subject to compliance with specified conditions.

§ 36 a. Permission for pot fishery defined. § 3, no. 2, according to rules issued pursuant to § 36 paragraph. 1, requires

1) to pool fishing is organized as a limited liability company, a limited liability company, partnership or association

2) A pot fishing, which is organized as an association of security of 125,000 kr. In the form of bank guarantee or other satisfactory security for the claims arising from violations of fisheries legislation relating to fisheries in pot fishing, unless the participants are personally liable for such claims, as pot fishery may incur, and

3) participants in pool fishing undertake to leave the 2-year allocations of fishing rights included in pot fishing.

PCS. 2. A permit for pot fishery may only be granted for a period of 13 months from 1 January of one year to 1 February of the following year. If the pot fishery within the 13-month period has applied for a permit to pot fishing for the following 13-month period starting from January 1, the permission to do so, however, already from 1 January. A pot fishery may not be dissolved during the period of the license is granted, see. However, § 36 d. Catch Rights, which is part of a pool fishing, must remain in the pot fishery in the 13-month period provided. However paragraph. 4.

PCS. 3. Upon expiration of the license to a pool fishing the person responsible for pot fishery or all those vessel owners whose vessels are covered by the pool fishing, notify the Minister for Food, Agriculture and Fisheries, how the pot fishery included fishing rights then distributed among the participants. If the Minister has received no information on the distribution 14 days after the expiry of the license, distribute Minister fishing rights between participants. This does not apply if an application for authorization to pool fishing with the same participants for the following 13-month period starting from January 1 has been met, or if authorized by § 36 c paragraph. 1, to a pool participant can enter into a new pot fisheries.

PCS. 4. The Minister may lay down regulations

1) that, notwithstanding paragraph. 2 may be granted permission for fishing rights that are part of a pool fishery, upon application can be deleted from the pool fishing before the end of the paragraph. 2 fixed 13-month period, including in the exchange of fishing rights, vessel replacement, etc.

2) that the authorization under the provisions stipulated in no. 1 may be granted only if a security in the form of bank guarantee or other satisfactory security for the claims arising from the decision in a pending, draw on criminal offenses in pool fishing

3) submission of applications for authorization under nos. 1 and


4) documentation of the conditions of no. 2 and paragraph. 1, Nos. 1-3.

§ 36 b. If fishing in a pool fishery spending exceeding fishing rights, which are covered by the pot fishery, the Minister for Food, Agriculture and Fisheries decide to be made to reduce the fishing rights that are covered by pool fishing, or fishing rights, as in the following years included in pool fishing. A reduction of the fishing rights may exceed the excess of catch rights.

PCS. 2. If a decision on the reduction of fishing rights under paragraph. 1 have particularly restrictive economic importance to the participants in the pot fishery may pool fishing demand that the decision before the courts. Requests must be submitted to the Minister within four weeks after the decision is announced pot fishing. Minister takes action against pot fisheries in the civil procedure. Request for legal action has no suspensive effect.

PCS. 3. An order under subsection. 1, which has particularly restrictive economic importance to the participants in the pot fishery shall include information on access to justice in accordance with paragraph. 2 and the deadline for this.

§ 36 c. The Minister for Food, Agriculture and Fisheries may allow a participant to pot fishing for application may withdraw from the pot fishery for the expiry of the 13-month period for which authorization is given for the meaning. § 36 a paragraph. 2, and then, but before March 1, enter into a new pool fishing with effect from the preceding 1 January and 1 February of the following year on condition

1) that the pot fishery, the applicant withdraws, have made statements and allocation of fishing rights in accordance with § 36 a paragraph. 3, first paragraph.,

2) that there has been reduction of fishing rights in the pot fishery, the applicant withdraws from, if there is a determination made in accordance with § 36 b, and

3) to have been made inventory of catch rights in the new pot fisheries.

PCS. 2. To qualify for a license under paragraph. 1, the Minister may require collateral in the form of bank guarantee or other satisfactory security for the claims arising from the decision in a pending, draw criminal violations in the pot fishery, the applicant withdraws from.

PCS. 3. The Minister may lay down rules on documentation of the conditions in paragraph. 1 and 2, and submission of application for authorization pursuant to subsection. 1.

§ 36 d. Notwithstanding § 36 a paragraph. 2, the Minister may allow a participant in a pot fishery for application may withdraw from the pool fishing before the expiry of the 13-month period for which authorization has been granted, if

1) the person vessel is taken over by an estate or an insolvent

2) that due to illness are not able to fish or

3) there are other special circumstances.

PCS. 2. Authorisation under paragraph. 1 can only be granted if

1) the other participants in pool fishing consent to the requested withdrawal and

2) pool fisheries make an inventory and distribution among participants of rights and liabilities. udtrædelsesdatoen as may be approved by the Minister. The calculation and distribution must be included any requirements on the reduction of fishing rights under the decision according to § 36 b paragraph. 1. As a condition of approval, the Minister may require collateral in the form of bank guarantee or other satisfactory security for the claims arising from the decision in a pending, draw criminal violations in pot fishing.

PCS. 3. The Minister may lay down rules on documentation of the conditions in paragraph. 1 and 2, and submission of application for authorization pursuant to subsection. 1.

§ 36 e. Notwithstanding § 36 a paragraph. 2, the Minister for Food, Agriculture and Fisheries set rules specifying that a vessel owner with its catch rights may intervene in a pot fishery for the start of the 13-month period for which authorization for pot fishery has been granted, including if

1) he or she who first established by regulations issued by the Minister has been authorized to acquire concessions from other vessels or to award concessions on a loan basis or

2) the vessel owner has taken over the vessel by a current or former member of that pot fishing.

PCS. 2. Authorisation under paragraph. 1 can only be granted if

1) all participants in the pool Fisheries applied for leave to intervene in, consent to the claimed onset and


2) made an inventory of fishing rights and liabilities. entry date in the pool Fisheries applied for leave to intervene in, as may be approved by the Minister.

PCS. 3. The Minister may lay down rules on the submission of application for entry into the pool fishing, including the documentation of the conditions in paragraph. 1 and 2.

§ 37. An authorization pursuant to § 36 paragraph. 1, can not be transferred without the approval of the Minister for Food, Agriculture and Fisheries. Minister may establish rules concerning the terms and conditions of approval of the transfer of fishing rights under a permit.

PCS. 2. The Minister may revoke a license granted according to § 36 paragraph. 1, and a right that is approved to be transferred in accordance with paragraph. 1, if the holder has been guilty of gross or repeated violation of the permit conditions imposed. If a license to operate a pool fishing revoked, the regulations of § 36 a paragraph. 3 apply.

PCS. 3. In connection with the revocation of a license can be granted to the holder, that this can not be granted permission for a period of up to 1 year. Upon revocation of an authorization to lapse right to catch the catch allocated for the relevant period, as this right can not be transferred by the holder. This provision applies whether the fishing rights associated with the authorization contained in a pot fishery defined. § 3, no. 2.

PCS. 4. If a violation that results in revocation of a license under subsection. 1 is committed by a vessel which is subject to a pot fisheries, the Minister may notify the holder that can not be allowed to participate in a pot fishery the following year.

PCS. 5. A decision in accordance with paragraph. 2 to 4 shall contain information about requesting an appeal to the courts and the deadline for this.

PCS. 6. A decision under paragraph. 2 to 4 can be of the permit holder request judicial review. Requests must be submitted to the Minister within four weeks after the recall is announced holder. Minister takes action against the holder of the civil procedure. Request for legal action has no suspensive effect.

Chapter 8

Vessels fishing license

§ 38. It is not allowed to use a vessel for commercial fishing in saltwater, unless the vessel is registered with fishing license in the Ministry of Food, Agriculture and Fisheries, and it is also registered in Economic and Business Affairs.

PCS. 2. The Minister for Food, Agriculture and fisheries in order to adapt fleet capacity to the fishing opportunities available, lay down rules on granting and maintenance of fishing licenses and the conditions relating thereto, as well as the registration of the vessel's fishing license Ministry of food, Agriculture and Fisheries vessel register. The Minister may determine that a fishing license and registration may lapse if the conditions for issuing fishing licenses and registration are no longer fulfilled or if the fishing license is suspended temporarily or permanently withdrawn, see. § 39a.

PCS. 3. The Minister shall lay down rules on the granting and maintenance of a fishing license in accordance with paragraph. 2 is conditional on the fishing industry operated so that there is a real connection to the Danish fishing port.

PCS. 4. The Minister may lay down rules under which craft conversion that increase fishing capacity, be subject to a special fishing license.

§ 39. Fishing license issued in accordance with rules laid down under § 38 paragraph. 2 may be issued only for vessels for 2/3's owned by persons who are registered as eligible to operate the business or sideline fishing pursuant to §§ 14 or 17 or under regulations made thereunder or pursuant to a fishing license according to § 21 paragraph. 1. Fishing license can also be issued to companies that are authorized pursuant to § 16 paragraph. 1 and 2, and to private institutions of education, approved in accordance with § 16 a.

PCS. 2. If a vessel changes ownership lapse fishing license to use the vessel for commercial fishing if the new owners do not comply with paragraph. 1. Fishing license shall also lapse if the persons or companies that own vessel, no longer meets the conditions of paragraphs. 1. The Minister for Food, Agriculture and Fisheries may also see. § 38 paragraph. 2, set conditions that fishing license to operate a vessel for commercial fishing lapse if the vessel is transferred or if the vessel owner ceases to use this for commercial fishing.


PCS. 3. The Minister for Food, Agriculture and Fisheries can grant an exemption from paragraph. 1 and 2 for a defined period of time if a vessel is taken over as part of the debt the satisfaction or in connection with commercial trading vessels. The Minister may grant an exemption if the change of ownership occurs by inheritance or acquisition of undivided possession.

PCS. 4. The Minister may grant an exemption from paragraph. 1 and 2, so it allowed a company according to § 16 paragraph. 4, to acquire a vessel to replace a lost vessel. The newly acquired vessel must have the same fishing capacity as it sank.

PCS. 5. The Minister may lay down rules that fishing license to use the vessel for commercial fishing lapses if notification of change of ownership has not been received in the Ministry of Food, Agriculture and Fisheries within 30 days of the change of ownership.

§ 39 a. The Minister for Food, Agriculture and Fisheries may lay down rules for the allocation of points, for temporary suspension and permanent withdrawal of the fishing license in accordance with the point system for serious infringements covered by the in § 10, the EU regulations on to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing.

PCS. 2. Decisions under regulations made under paragraph. 1 on the permanent withdrawal of fishing license can of fishing license holder request judicial review. Requests must be submitted to the Minister, within 4 weeks after revocation notified the holder. Minister takes action against the holder of the civil procedure. Request for legal action has no suspensive effect.

§ 39 b. The Minister for Food, Agriculture and Fisheries may lay down rules on the allocation of points for a captain who as head master of a fishing vessel fishing license has committed serious offenses, for which also is assigned to the holder of the fishing license points under the point system for serious infringements covered by the in § 10, the EU regulations to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing.

PCS. 2. The Minister may grant a vessel temporarily or permanently ban that he must lead a fishing vessel fishing license. The ban announced once the person has been responsible leadership during its trip on a fishing vessel fishing license where the holder of the fishing license also has been awarded a certain number of points for serious infringements referred to. Paragraphs. 1. The length of the period during which the vessel concerned must not lead fishing vessel based on a number of points, the same as the length of the period during which fishing license revoked in accordance with the point system for serious offenses covered by the § 10 said EU regulations to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing, where the holder of the fishing license also has been awarded a certain number of points for serious infringements referred to. paragraphs. 1.

PCS. 3. Decisions on permanent bans on driving a fishing vessel fishing license as required. Paragraphs. 2, can the vessel concerned be brought before the courts. Requests must be submitted to the Minister, within 4 weeks after the ban was announced skipper. Minister takes action against the master of the civil procedure. Request for legal action has no suspensive effect.

Chapter 9

Regulation of recreational fishing

§ 40. The Minister for Food, Agriculture and Fisheries shall, when determining the rules on the provision of recreational anglers and fishing emphasize that recreational anglers and fisheries occur in such a way to be taken for the protection of stocks and plans for fish care, see. § 62.

Chapter 10

Special rules for freshwater

A. Special validity rules for freshwater areas

§ 41. flooded areas and artificially produced fresh waters that are not included as part of or in lieu of part of a natural watercourse system or draining into the sea, applies only §§ 30, 32, 109, 117-123 and 130 -134.

PCS. 2. The Minister for Food, Agriculture and Fisheries may lay down rules for the Law remaining provisions would also apply to in paragraph. 1 mentioned areas, if required in the interest of security of the stock of fish or otherwise have fishing importance.

§ 42. Apart from food channels apply §§ 32, 33, 48 and 63-65 for the part of an artificial and lawfully existing fish farms, duly afgitret against other waters.


PCS. 2. §§ 32, 33, 48, 50-52 and 63-65 do not apply to waters that have only one owner or publicly owned, companies or similar and are not draining into a lake, river or beach, or if drainage is of such a nature that the fish can not pass it. Minister for Food, Agriculture and Fisheries may lay down rules that in the first section. those provisions shall apply.

B. Fish Passage through barriers and drainage etc. in freshwater

§ 43. The watercourse authority under the Act on streams may require the owner of weir, falls, mill meadow irrigation, industrial and similar installations to establish and maintain fish passage at the facility and set conditions for the design and operation of fish passage. The provision in the first section. shall apply mutatis mutandis for the owner of a for systems installed turbine. The rules on injunctions, appeals and penalties in the Act on Streams apply correspondingly to the watercourse authority's decision by the 1st and 2nd section.

PCS. 2. Are they paragraph. 1 said facility built or a turbine installed after 19 July 1898, the costs for the establishment and maintenance of fish passage by the owner. The same applies if the facility is built or turbine installed before July 19, 1898, but after this time is made or amended in the plant or turbine installation or use.

PCS. 3. It can not be liable to the owner to establish fish passage, if the costs and disadvantages of the establishment is not proportionate to the objective pursued.

§ 44. The owner of the in § 43 said facility shall at his own expense placing and maintaining one or more fish passes at the plant.

PCS. 2. The Minister for Food, Agriculture and Fisheries may lay down rules on the arrangement, configuration and maintenance of fish passes and rules for the period during which fish passes to work.

§ 45. The Minister for Food, Agriculture and Fisheries may lay down rules that the owner of the in § 43 said facility at their own expense must place and maintain a passage of emigrant fish at the facility, as well as rules for the design and operation of the passage.

§ 46. The Minister for Food, Agriculture and Fisheries may lay down rules that in the in § 43; plant operated by turbines must be located a grid, so all the water to and from the turbine passes grid.

§ 47. (Repealed)

§ 48. In connection with the authorization under the Law on water for drainage of water meadow irrigation etc. local council may require grid arranged to prevent fish passage.

§ 49. The Minister for Food, Agriculture and Fisheries may lay down rules on placement, design and approval of the in § 46 of the grid.

C.-locking trapping equipment in freshwater

§ 50.-locking catch devices and other types of locking gear of any kind should not be used in freshwater, unless prior to 1 January 1995 and registered with the Agriculture and Fisheries Ministry.

PCS. 2. The Minister for Food, Agriculture and Fisheries may lay down rules on the use of locking catch devices not complying with the rules pursuant to § 32 paragraph. 1 but which is legally established and maintained in accordance with paragraph. 1.

§ 51. These activities are in accordance with § 50 fishing barrier trapping equipment, the fisheries officer who has fish in all fishing waters in length, to the claim that this fishing ceases to full compensation.

PCS. 2. The Minister for Food, Agriculture and Fisheries defines fish water's length and decides whether the request should be met according to the cessation of fishing activities will promote walking fish options essential to exploit spawning and nursery areas throughout the river system or a substantial part thereof.

PCS. 3. Fisheries Officer under subsection. 1 are landowners or tenants of fishing rights that can demonstrate that their tenancy lasts at least 10 years after the claim was made.

§ 52. (Repealed)

D. Amid Power line

§ 53. The watercourse authority under the Act on stream determines how midstream line of fresh water goes, just as it shall specify the boundary between lake and stream.

PCS. 2. The Minister for Food, Agriculture and Fisheries or a fishing right in the river basin may request watercourse authority to act under paragraph. 1.

PCS. 3. Rivers Authority decision can not be appealed to any other administrative authority.

Chapter 11

DEK and recreational fishing sign

§ 54. All engaged in fishing, see. § 26, must have a valid angling license. Exceptions are persons under 18 and persons entitled to state pension.


PCS. 2. All the leisure fishing under. § 27, must have a valid recreational fishing sign.

PCS. 3. Persons who have valid recreational fishing characters can exercise angling without having angling.

§ 55. Notwithstanding § 54 are not required, angling and recreational fishing sign when fishing in waters owned by individuals, governments, companies or similar and are not draining into a lake, river or beach, or if drainage is of such a nature, the fish do not pass it.

PCS. 2. In fresh water the landowner and his household exempt from angling and recreational fishing sign when the fishing operations in the fishing waters adjacent to the ground.

PCS. 3. In salt water is the landowner and his household exempt from angling when fishing takes place when staying at the seashore, covered by flies.

§ 56. The Minister for Food, Agriculture and Fisheries issued angling and recreational fishing sign.

PCS. 2. DEK may be issued with a validity of 1 day, 1 week or 12 months. Fritidsfiskerforbund Characters can be issued with a validity period of 12 months.

PCS. 3. The price for the angler license for 12 months, 185 kr., For 1 week 130 kr. And 1 day 40 kr.

PCS. 4. The price of the license categories is 300 kr.

PCS. 5. The Minister for Food, Agriculture and Fisheries may, depending on price and wage developments provide for rules changing the price of angling and recreational fishing sign.

PCS. 6. The Minister may lay down rules on the payment of angling and recreational fishing signs, including requirements for the proof of the payment period and the administration.

§ 57. (Repealed)

§ 58. Proof of payment for angling, angler signs and identification must be carried during fishing.

PCS. 2. DEK and recreational fishing signs and proof of payment of which is personal and not transferable to others.

§ 59. (Repealed)

§ 59 a. The exercising lustful or recreational fishing may on conviction of a criminal offense in the case of serious or repeated violation of the lustful or recreational fishing applicable rules of his right to exercise this fishery for a period of up to 1 year .

PCS. 2. Instead of ruling by order under subsection. 1, the Minister for Food, Agriculture and Fisheries indicate that the matter can be settled without prosecution if the person who committed the offense, acknowledges his guilt and undertakes to within a specified period after the request may be renewed to pay the sentiments indicated penalty and adopt a ban on the practice of recreational anglers and fishing in one of the expression specified period of up to 1 year.

PCS. 3. With regard to the paragraph. 2 acknowledgment referred the provision in the Code of Civil Procedure § 831, paragraph. 1 pt. 2 and 3, the content of an indictment analogy.

PCS. 4. A decision under paragraph. 1 or a decision under subsection. 2, followed by recreational anglers and fishing shall not be exercised during a period shall not entitle to full or partial refund of paid fishing license.

§ 60. Persons engaged in recreational angling and recreational fishing, and not at the request of the Control Authority show proof of payment and proof of identity, shall, within 14 days of demand pay an amount for anglers equal to four times the price of an angling license for 12 months , see. § 56 paragraph. 3, and for anglers an amount equal to four times the price of a recreational fishery characters laid. § 56 paragraph. 4 referred to. However paragraph. 2.

PCS. 2. If angling and recreational fishing sign was paid when fishing took place and evidence presented within 14 days of demand, be paid an amount equal to half the price of an angling license for 12 months, subject. § 56, paragraph . 3. For anglers must be paid a sum equal to half the price of a recreational fishery characters laid. § 56 paragraph. 4.

§ 61. The funds from angling and recreational fishing signs used

1) fish care, including the release of fry and fingerlings and measures and research, which also affects reproduction, growth, etc. of fish stocks, and

2) administration and information about fish care and angler and angler signs schemes.

PCS. 2. The funds can also be used for checking compliance with the rules for angling and recreational fishing sign.

Chapter 12

Fish Care and releases etc.

A. Fish Care


§ 62. The Minister for Food, Agriculture and Fisheries prepares for a period of one or more years a plan for fish enhancement and use of revenues from angler license categories. The Minister must seek to ensure the total fish management efforts meets all waters and a wide variety of fish species.

B. Releases etc.

§ 63. restocking or transplantation of fish, eggs and fry it is not allowed unless

1) it is carried out in accordance with a plan drawn up or approved by the Minister for Food, Agriculture and Fisheries,

2) Minister's special permission is granted or

3) has ruled that effect by a rural administration court.

PCS. 2. The Minister may lay down rules on the release and depletion of fish fry and eggs for restocking.

§ 64. The Minister for Food, Agriculture and Fisheries may lay down rules for companies, associations and individuals may be authorized to make assumptions and other activities aimed at the safeguarding of fish care.

PCS. 2. The authorized are entitled to upon presentation of proper identification of passage over the land and private roads, adjacent to the waters in which the release is to take place.

§ 65. The Minister for Food, Agriculture and Fisheries may, depending on assumptions make special provisions for fishing pursuit, including grant full or partial ban on fishing for a specified period.

Chapter 13

Breeding in saltwater

§ 66. Breeding of fish in Danish fishing territory may only take place after authorization by the Minister for Food, Agriculture and Fisheries.

PCS. 2. An application for a permit under this Act shall at the same time as application for authorization under other legislation. The Minister may establish conditions for a permit, including the time limit, sampling and documentation of collateral in the form of either insurance or bank guarantee to cover the cost of the plant's end. The Minister also lays down the terms under other laws laid down by the competent authority.

§ 67. The Minister for Food, Agriculture and Fisheries may lay down rules on licensing the establishment, exploitation and operation of breeding sites and that a license requires the applicant meets the requirements for practical and theoretical training. The Minister may also decide that the rights under a license to establish, exploitation and operation of breeding sites can be transferred.

§ 68. (Repealed)

§ 69. Do not place obstacles to legitimate farming business.

§ 70. The Minister for Food, Agriculture and Fisheries to issue regulations on full or partial ban on fishing in the breeding plant site or for a specified distance from breeding facilities.

PCS. 2. The Minister may allow the owner of a breeding facility and the person who is otherwise responsible for the operation of the plant, can catch the escapees from the facility with specified gear.

Chapter 14

Inter rules of conduct between fishermen

A. Distance Rules etc.

§ 71. The Minister for Food, Agriculture and fisheries in order to avoid inconvenience to other fisheries establish rules for fisheries practice or other regulations pertaining to fishing, including the obligation to adopt specific measures as fishing gear, etc. is not a nuisance to others.

§ 72. The carrier has begun array of legal tools that have priority over other fishermen, and there must not be hindered for this, as long as the installation of equipment goods or fisheries occur.

B. Preferential Rights in salt

§ 73. The Minister for Food, Agriculture and Fisheries may lay down rules on persons or companies who are entitled to operate a commercial fishing pursuant to § 11 paragraph. 1, Nos. 1-4, can acquire and retain the priority right to fish on certain seats for up to 6 years with specified types of fixed gear.

PCS. 2. The Minister may lay down rules on the registration of preferential rights as provided. Paragraphs. 1, and that the allocation of rights is carried out by lot between several commercial fishermen, commercial fishing companies and commercial fishermen. It may be laid provide that commercial fishermen can only participate in the draw on a par with commercial fishermen for seats, if the previously fished from these places, and that the period acquired priority right may be shorter for commercial fishermen than for commercial fishermen.

PCS. 3. The Minister may lay down rules that a priority be preserved for persons who inherit or retain undivided possession by the holder of a priority.


§ 74. Fishing should not be exercised in such a way that there is interference in the in § 24 above replaced ålegårds- and other special rights. The protection of the right applies while fishing gear is exposed and not later than 30 November of that year.

PCS. 2. It is a condition for continued pursuit by paragraph. 1 such entitlement to

1) implement extreme hovedpæl and one of the tool inner poles, which together with hovedpælen indicates the tool direction, exposed before 1 August of that year,

2) rad and nets in fish working order exposed before 10 September of that year, and

3) the ingested tool space with exactly showing the location before 1 August of the current year are reported to the Ministry of Food, Agriculture and Fisheries.

PCS. 3. Hovedpælen must be marked and labeled in accordance with the pursuant to § 32 paragraph. 1 rules.

PCS. 4. Fishermen who will put their gear on or off the licensee's marked or ingested fish place, before 1 September of that year clearly mark the place where they want to place their fishing gear.

C. Replacement

§ 75. are caused during fishing damage to legally vulnerable and properly marked fishing gear or breeding sites, without the matter being covered by § 83, the damage shall be replaced by the person exercising fishing or have it exercise, unless the offender proves that the damage could not be averted by exercising reasonable care.

Chapter 15

Fishermen compared to other activities

A. Requirements for the protection of fisheries

General provision

§ 76. There must not be hindered for legally fished.

Measures etc. in coastal waters

§ 77. Measures or interventions that may cause inconvenience or hinder fishing in coastal waters, make the ground conditions unsuitable for fishing or otherwise affect the fauna and flora on the fishing zone, shall be made only after permission.

PCS. 2. If action or intervention on the fishing zone, see. Paragraph. 1, does not require permission from another authority under the law or the state's sovereignty over territorial waters, actions shall be made only after the permission of the Minister for Food, Agriculture and Fisheries.

PCS. 3. In cases where the permit issued by another authority, this is done after consultation with the Minister for Food, Agriculture and Fisheries.

§ 78. There may only be issued for actions or interventions that can get it in § 77 paragraph. 1, said effective when

1) taken a final position on the question of compensation in relation to the commercial fishermen who normally pursues commercial fishing on the spot, and whose earnings will be affected by the measure or procedure,

2) have started negotiations on possible compensation between the implementing measure or procedure and the commercial fishermen who normally pursues commercial fishing on the spot, and whose earnings will be affected by the measure or surgery, or

3) issue of possible compensation for affected commercial fishermen have been referred for decision to a board, cf.. §§ 79 and 80.

PCS. 2. permission for mining under the Mining Code applies paragraph. 1 only when the authorization concerns mining and quarrying for use by large individual contracts, and permit issued to the developer.

§ 79. The Minister for Food, Agriculture and Fisheries or other authorizing minister referred. § 77 paragraph. 2 shall, upon request from the fishermen or the implementing measure or procedure, refer questions about possible compensation for final administrative decision by a Board. The request can be made both before and after authorization pursuant to § 77 paragraph. 1. The relevant Minister will then ensure the establishment of a board, cf.. § 80.

PCS. 2. The Minister decreases Board may require that the party requesting that the Board be reduced, providing security for costs.

§ 80. § 79 of the referred board consists of 3 members.

PCS. 2. The Minister for Food, Agriculture and Fisheries shall appoint two members. If authorization pursuant to § 77 issued by another authority, appointed at the sole member of the responsible minister. The two members appointed by consensus a third member who chairs the board. If no agreement is reached on the election of the President, appointed chairman of the President of the relevant High Court.


PCS. 3. The Board shall decide the form and procedure can guide call in experts estimate men who have specific knowledge of the fisheries concerned by the measure.

PCS. 4. The Board will decide finally who should pay the costs and the amount thereof.

PCS. 5. Any damages paid within 15 days after the decision is served on the liable, unless otherwise determined by the Board.

PCS. 6. Execution of the board's decision is a condition for the authorization, message or maintenance.

PCS. 7. The compensation may be fully or partly attributed to the local fishermen's association for use by the association arrangements to cover incurred losses.

Measures in freshwater areas

§ 81. Before that for freshwater bodies of authorities issued permission or decision on the amendment of dams, industrial plants and turbines in rivers, or an authorization or measures which otherwise may affect fish passage, fishing and fish fauna, the plans must be submitted the Minister for food, agriculture and fisheries.

B. Relationship to boating and shipping

§ 82. The Minister for Food, Agriculture and Fisheries may lay down rules to ensure that fishing does not prevent or impede safe navigation, lay down rules on marking, installation and removal of equipment, poles, etc., and whether expenses for the removal of stakes placed in violation of the rules must be held.

PCS. 2. Regulations issued under paragraph. 1 which apply in salt water, be negotiated with the Minister and the Minister of Defence.

§ 83. OR INJURY CAUSED vessel damage to legally vulnerable and properly marked tools are shipowner liable to compensate the damage, unless it is proved that the damage could not be averted by exercising reasonable care.

C. Rights in relation to coastal owners in coastal waters

§ 84. One or more professional or commercial fishermen may require set up a committee to determine whether a landowner must accept that a defined space on the beach or nearest available place can be used for

1) hauling of boats,

2) decommissioning and preparation of tools and

3) drying space for tools with appropriate yarn houses.

PCS. 2. In the decision under subsection. 1, the Board also consider the compensation to be paid by the fisherman or fishermen to the landowner for use of the land. Decision on the amount of compensation taken for five years at a time. Compensation is paid annually in advance, before the space is used.

PCS. 3. The Board reduced, and three board members appointed by the competent district court. One of the members appointed under the terms of its expertise on fishing. Board makes final administrative decision.

PCS. 4. In determining whether the site should be used, assess whether it is necessary for the exercise of a profitable fisheries that request were accepted, compared with the nuisance it will mean for the owner to be given access to use the site.

PCS. 5. The Board will decide which party should pay the costs and the amount thereof. Costs must be paid within 15 days of the decision being served.

PCS. 6. in paragraph. 1 above questions of fishermen or the landowner earliest again brought before a board five years after the decision.

D. Compensation Rules in freshwater areas

§ 85. The wrongly fished in a fish water or in areas where another is entitled either to the entire fishing or fishing for that species in fresh water to replace the licensed fishing loss.

PCS. 2. Any person who violates the prohibition in the Act or other legislation and regulations established pursuant to it will replace the fisheries officers and the public the financial damage that may be caused. The same applies to breaches of regulations, decisions, orders, agreements, etc. concluded in accordance with the law or previous laws, see. §§ 139 and 140.

PCS. 3. Claims for compensation to the public can be made by the Minister for Food, Agriculture and Fisheries, the authority concerned and the Danish Anglers Association, Freshwater Fishermen Denmark and the Danish Fishermen.

Chapter 16

Initial Sales of fish

A. Grant for first sale and the holding of public fish auction


§ 86. Only individuals, companies and companies that have a license to do so issued by the Minister for Food, Agriculture and Fisheries, the Doing Business with the first sale of fish, meaning turnover etc., see. § 3, no. 5, of fish in the first stage by

1) public fish auction,

2) the receipt or purchase of fish without public fish auction

3) receipt of fish in the commission as agent or similar

4) collection center and fish sorting,

5) other forms of receipt and storage of fish and

6) import of fish.

PCS. 2. The license requirement laid down in paragraph. 1 can of the same batch of fish include more individuals and companies.

PCS. 3. Individuals and companies who transport fish after landing, is not subject to the requirement for authorization for first sale of fish. The Minister may, for control purposes set rules and issue orders for such carriers to be funding.

PCS. 4. The Minister may determine the rules for the first sale of fish should also include sales of own catch or farming directly to the consumer, for export or trade.

PCS. 5. The Minister may establish rules under which specified fish, including imported fish, exempted from the rules in this chapter.

§ 87. It is not allowed to sell or supply fish to requiring licenses individuals, companies or companies that do not have a license.

B. The grant of authorization

§ 88. Grant for first sale of fish can be granted to persons who fulfill the conditions of paragraph. 2. In addition Authorization for companies in accordance with paragraph. 3 and 4.

PCS. 2. Individuals may obtain authorization under paragraph. 1, when

1) is a Danish citizen, a national of any of the other EU or EEA member states or have work and residence permit in Denmark

2) residing in this country or in any of the other EU or EEA member states and

3) are of age and not under guardianship or curatorship by the Guardianship Act.

PCS. 3. partnerships and limited partnerships, all personally liable partners meet in paragraphs. 2 mentioned conditions.

PCS. 4. There may be granted for limited liability companies and other companies with limited liability under the Companies legislation is registered or declared to be under the registration or establishment of Economic and Business Affairs when the directors and the majority of directors and holders of a controlling shares or share complying with paragraph. 2.

§ 89. When granting the holding of public fish auction required other than those in § 88 on the requirements for people that he is not under restructuring proceedings or bankruptcy and has no significant outstanding debt to the public for an amount in the range of 50,000 kr. And more .

PCS. 2. In general partnerships and limited partnerships, the personally liable partners meet the requirements of paragraph. 1.

PCS. 3. The holder of a license under paragraph. 1 can only carry out economic activity related to the fishing industry after authorization from the Minister for Food, Agriculture and Fisheries.

§ 90. The Minister for Food, Agriculture and Fisheries may allow the license is issued, although in §§ 88 and 89 of the said conditions are not met.

§ 91. The Minister for Food, Agriculture and Fisheries shall determine the procedures for granting and maintenance of authorization, including the grant was subject to the law and rules, terms and requirements established pursuant to this Act and other legislation relevant to the requiring licenses business are respected.

PCS. 2. The Minister may for the purpose of monitoring compliance with the conditions for authorization provided for paragraph. 1 to obtain information from other public authorities, including information relating to offenses, income and assets, tax settlement, etc.

§ 92. Grant for persons may be refused if

1) the applicant within the preceding five years is found guilty of a criminal offense that can give reason to believe that the person does not want to run the business in a responsible manner,

2) the authorization for first sale within the preceding five years has been revoked, and there is reason to believe that the person does not want to run the business in a responsible manner, or

3) there are other information on that, which gives reason to believe that the person does not operate it properly.


PCS. 2. In general partnerships and limited partnerships may grant refused if there on one of the participants is information that pursuant to subsection. One can justify the denial of a license.

PCS. 3. If the applicant is a limited company or another company with limited liability, the authorization is denied if a member of the Executive or the board of directors or the holder of a controlling shareholding, cooperative or other available information in accordance with paragraph. One can justify the denial of a license.

PCS. 4. When refusing authorization under subsection. 1 will be the earliest submitted subsequent application for authorization for one year after the decision.

C. Elimination or revocation of license

§ 93. The authorization lapses if it has not been used for 12 consecutive months, or when the holder dies, see. However, § 94. The same applies where the holder no longer meets the requirements of §§ 88 and 89 to obtain a license .

PCS. 2. If there are new members in a partnership or limited partnership, or join a limited company or another limited liability company new members or directors, or if there is a transfer, thereby obtaining a controlling interest, the share or the like, must be within 14 days made notification to the Ministry of food, Agriculture and Fisheries, which determines whether the authorization can be maintained or if the grant on the basis of the changes should be dropped, see. § 92.

PCS. 3. The Minister for Food, Agriculture and Fisheries may exempt from the provisions of paragraph. 1.

PCS. 4. The Minister may establish special rules for cancellation of appropriations by funding for public auction.

§ 94. Upon application to the Minister for Food, Agriculture and Fisheries, an estate, a spouse who retains undivided possession, a bankruptcy or a guardian of a person under guardianship receive a license to continue the deceased, fall's or person under guardianship company order settlement, the sale or the like of the company. The operation will in all cases should be handled by a person authorized pursuant to § 97.

PCS. 2. The authorization to pursue public fish auction can be maintained only if the person granted the license meets the requirements of §§ 88 and 89.

§ 95. The Minister for Food, Agriculture and Fisheries may revoke the license if the holder has been guilty of gross or repeated violation of the conditions attached to the grant. The decision shall contain information on access to justice in accordance with § 96 and the deadline for doing so.

PCS. 2. Withdrawal of authorization shall be notified the holder that the earliest will be able to apply for a license after 2 years.

§ 96. A decision under § 95 may be of the authorization request judicial review. Requests must be submitted to the Minister for Food, Agriculture and Fisheries within 4 weeks after the recall is announced holder. Minister takes action against the holder of the civil procedure.

PCS. 2. Request for legal action has no suspensive effect. The court may decide that the course of the proceedings is authorized to operate under specified conditions.

D. Rules for the operation of the authorization service operator

§ 97. The daily operation of the licensed business must be conducted by the holder or by a manager who is approved by the Ministry of Food, Agriculture and Fisheries.

PCS. 2. These activities the company from several places, only one of these out by the holder. The operation of the other places of business must be conducted by authorized administrators.

PCS. 3. Is the authorization holder of a company or the like, the operations are managed by an authorized manager.

PCS. 4. With regard to the approval of administrators and denial, cancellation and withdrawal of approval of the board, the provisions of §§ 88, 92, 93, 95 and 96 shall apply. For managers to public auctions shall also § 89.

§ 98. The Minister for Food, Agriculture and Fisheries may prohibit a licensee in his business lets anyone, do not qualify for funding, in charge of receiving the fish or terminate the sale and purchase or other similar business.

§ 99. The Minister for Food, Agriculture and Fisheries may lay down rules on the obligations under the law and in § 10, the Union acts may be subject to a license holder in the exercise of the authorization service operator, including rules on


1) the obligation to require suppliers and their agents identification and documentation concerning bought or received fish

2) preparation of invoices, delivery notes, weighing slips, etc. and

3) reporting to the Ministry of Food, Agriculture and Fisheries of bought, sold or received fish.

PCS. 2. The Minister may lay down rules on the information and written documentation concerning the operations, etc. upon request or continuously delivered to the Ministry of Food, Agriculture and Fisheries. The Minister can lay down rules to that of the holder's expense happens weighing of fish covered by the company's activity, either using licensed or accredited weighs and measures or by the use of approved and controlled weights.

E. Special public auctions

§ 100. Until 1 January 2002, are not granted more appropriations for public fish auction in a port, which, prior to 1 January 2000 authorization issued for public auction.

PCS. 2. Notwithstanding paragraph. 1 can, on application, issue a series of appropriations from the time when the original holder renounces the authorization or the auction for other reasons can not continue the holder.

§ 101. The Minister for Food, Agriculture and Fisheries may lay down detailed rules for the operation of public auctions, including new forms of auctions.

Chapter 17

Administration of production levies

§ 102. The Minister for Food, Agriculture and Fisheries may lay down rules for the establishment of one or more production levy funds, which need to manage in paragraph. 2 such taxes.

PCS. 2. The Minister may on the recommendation of the in § 104. 1, said boards set rules on payment of taxes on fish landed, bred, manufactured or converted in this country, or on similar goods imported into the country and on the extent to which such charges shall be reimbursed for fish when these included as material for industrially manufactured goods. The charges are part of a production levy fund for each sector in accordance. Paragraphs. 1, wherein the charging takes place.

PCS. 3. The Minister shall lay down rules on the payment specified in paragraph. 2, the public funds.

PCS. 4. The Minister may authorize a production levy fund are. Paragraphs. 1, receives other income than those in paragraph. 2 above.

§ 103. Funds from the in § 102 mentioned funds be used for measures and subsidies for fish care, improve and adapt fisheries and aquaculture structures, counseling, education, disease prevention, disease control and control and business economic measures, including promotion, research and trials, which are in the fishing industry interests, and also to the measures that the Minister for food, agriculture and fisheries approves. The Minister may also allow funds pay the costs of the remuneration of the members of the funds' boards. The funds are also used to cover the cost of control of the funds proper use. The funds must be used within that part of the fishing industry, where they are charged.

§ 104. Each fund is managed by a board appointed by the Minister for Food, Agriculture and Fisheries. Funds statutes must be approved by the Minister. Each board composed of both representatives of producer and sectoral interests as representatives of the public interest. The representative producer and trade organizations speak in agreement on 2/3 of each board members. Consumer Council, the Labour Movement and Independent Research said in unison about 1/3 of each board members. The boards of directors are appointed for a period of 4 years.

PCS. 2. The Board shall ensure that the management of funds is in accordance with the law, rules adopted pursuant thereto and in law. Minister may dismiss a board member who has contributed to decisions contrary to those provisions.

PCS. 3. The Minister may issue an order for the Board to bring conditions that are contrary to the law, against the rules laid down in pursuance thereof and against the law in general, in accordance with the clause.

§ 105. Budgets and accounts for each fund must be approved by the Minister for Food, Agriculture and Fisheries on the recommendation of the Board.

PCS. 2. The Minister may lay down rules for funds on the preparation of budgets and financial statements and the administration and auditing. Funds shall be audited by chartered or registered public accountants.


PCS. 3. Each Fund shall establish an independent website. The Minister shall lay down detailed rules on the Funds publication of budgets and financial statements and the application deadlines, application procedures etc.

PCS. 4. The Minister shall lay down detailed rules on the Funds' evaluation of the impact of the measures has been granted to see. § 103.

PCS. 5. The Minister shall lay down detailed rules for funds providing compensation for fish diseases.

§ 106. Everyone shall at the request of the Minister for Food, Agriculture and Fisheries provide the information deemed necessary for the recovery and use of the in § 102 paragraph. 1, said funds.

PCS. 2. The Minister may lay down rules for monitoring this information, including accounting, etc., see. Chapter 22

§ 107. Members of a Board in the performance of their duties intentionally or negligently added a foundation damage are obliged to replace it.

PCS. 2. Paragraph. 1 also applies to auditors. Is an audit firm appointed auditor, both the audit company and the auditor to whom the audit has been transferred, to pay compensation.

PCS. 3. The compensation may be reduced if this is deemed reasonable, taking into account fault degree, damage and other circumstances.

PCS. 4. Resolution on bringing actions against directors, audit companies or auditors may be taken by the board or by the Minister for Food, Agriculture and Fisheries.

§ 108. The Minister for Food, Agriculture and Fisheries communicate with each fiscal year a parliamentary committee which funds entered in the funds, and the funds are used.

Chapter 18

Scientific studies etc.

§ 109. Notwithstanding the provisions of this Act or regulations established pursuant to this Act, the Minister for Food, Agriculture and Fisheries implement the measures or provide for the measures necessary for that by means of public or state permit the initiation of investigations , projects, etc. in scientific, environmental and fish care purposes. The Minister may lay down rules that in this regard can find fishing place and sampled landings of fish.

PCS. 2. The Minister may lay down rules that a vessel in commercial fishing are obliged to include an observer on board for the collection of data for scientific purposes.

PCS. 3. Persons at State instigation make fisheries research in freshwater, are entitled upon presentation of proper identification of passage over the land and private roads, adjacent to the waters where fishing survey to take place.

Chapter 19

Delegation and redress

§ 110. The Minister for Food, Agriculture and Fisheries may lay down rules under which certain decisions or actions under the in § 10, the Union acts can be taken by producer organizations and interbranch organizations or their associations. These decisions can be appealed to the Minister within four weeks after the decision is communicated to the complainant. The decision shall contain information on complaints and appeals deadline. Minister may change the decision, without there being a complaint.

PCS. 2. The Minister may delegate his powers to make certain decisions under the provisions stipulated in § 34 paragraph. 1, no. 3, the vessel owners' mutual exchange of their vessels allocated fishing rights for producer organizations, professional organizations or associations. These decisions can be appealed to the Minister within four weeks after the decision is communicated to the complainant. The decision shall contain information on complaints and appeals deadline. The Minister may amend a decision without there being a complaint. The Minister may set further rules on the right to complain about the organizations' decision. An organization is subject to the Minister's instruction and supervision in the cases assigned to the organization under this provision.

PCS. 3. The Minister may delegate his powers under this Act to an institution under the Ministry or another public institution. The Minister may in this connection lay down rules on access to appeal against these decisions of the authorities, including on the complaint not be brought before any other administrative authority, and the authority's access to reopen a case after the complaint has been lodged.


§ 111. The ruling of the board of a foundation, see. § 104, may be appealed to the Minister for Food, Agriculture and Fisheries within 4 weeks after the decision has been communicated to the complainant. Minister may change the decisions of the Board, the absence of a complaint.

Chapter 20

Submission and processing of information

§ 112. The Minister for Food, Agriculture and fisheries for the administration of the law, including for statistical purposes and for purposes of control, lay down rules on the submission and processing of information on

1) vessels, tools and other equipment,

2) fishing, hunting, turnover etc. and farming of fish, including from whom they were acquired and

3) details of the technical, financial and operational nature of fishing and fish farming.

PCS. 2. The Minister may also lay down rules on the submission and processing of accounting and financial management information for statistical purposes.

§ 112 a. The Minister for Food, Agriculture and Fisheries shall maintain a computerized register of transferable concessions,. § 37 paragraph. 1. The register is publicly available.

PCS. 2. The Minister shall lay down rules on the notification and registration of transferable concessions,. Paragraphs. 1. Minister can lay down rules that parties must report the sales price of a transferred quota share.

PCS. 3. The Minister may lay down rules on the exchange of documents associated with the filing and registration can be in electronic form, and they must be submitted to the Directorate of Fisheries in one of the Directorate prescribed standardized form.

§ 112 b. The Minister for Food, Agriculture and Fisheries may lay down rules on public access to specified parts of the Ministry's records on fisheries.

§ 112 c. The Minister for Food, Agriculture and Fisheries may lay down rules that communications pursuant to provisions of European Union regulations on a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing must be digital between the Minister and businesses.

PCS. 2. The Minister may lay down rules on digital communications, see. Paragraph. 1, including the use of specific IT systems, special digital formats, digital signatures, etc.

PCS. 3. The Minister may lay down rules that the minister or the person authorized by the Minister may issue decisions and other documents indicated. Paragraphs. 1, without signature, with mechanically or similarly reproduced signature or using a technique that ensures the unique identification of the State which issued or endorsed the decision or document. Such decisions and documents equated with decisions and documents with personal signature.

PCS. 4. The Minister may lay down rules for decisions and other documents that exclusively taken or issued on the basis of electronic data processing, can be issued only stating the Ministry of Food, Agriculture and Fisheries or the person authorized by the Minister as sender.

PCS. 5. A digital communication is considered to have arrived when it is available to the addressee of the message.

Chapter 20 a

Measures during accidents and disasters, including acts of war, etc.

§ 112 d. The Minister for Food, Agriculture and fisheries during accidents and disasters, including acts of war and other circumstances, define the rules and take the decisions necessary to ensure the population's supply of fish and fish products, lay down detailed rules for fishing activities and the sale of catches. The Minister may lay down rules and may derogate from any of the statutory rules.

PCS. 2. The Committee for Commercial, established in accordance with § 6 and supplemented with 1 member appointed by the Minister of Defence, advises the Minister in preparation for in paragraph. 1 these rules, decisions and regulations.

PCS. 3. Before issuing regulations or decisions or provisions under paragraph. 1 must as far as possible negotiated with the persons or companies or their organizations on the scope and implementation of regulations, rulings or regulations, including any compensation from the state, see. Paragraph. 4.


PCS. 4. Where a rule, decision or determination issued under paragraph. 1 financial loss for an individual or company, the state is liable under the general rules. Compensation shall not be required if the costs associated with implementation of the rule or decision may be covered by inclusion in the relevant product or service prices. The persons or companies must not thereby placing less favorably than others in the same industry.

PCS. 5. Compensation determined in the absence of an amicable agreement, in accordance with rules laid down by the Minister.

Chapter 21

Fees, etc.

§ 113. The Minister for Food, Agriculture and Fisheries may lay down rules on full or partial payment for specific services that the regulatory authorities shall on request.

§ 114. The Minister for Food, Agriculture and Fisheries may lay down rules on payment of fees as a condition for the granting and maintenance of authorization for participation in certain, very limited fisheries, which require special biological studies.

PCS. 2. The fee paid to the Minister for Food, Agriculture and Fisheries. The Minister may lay down rules for the payment.

PCS. 3. The funds shall be used to cover all or part of the cost of scientific work in connection with the fisheries concerned.

§ 114 a. The Minister for Food, Agriculture and Fisheries may lay down rules that the company or the person responsible for the fishing vessel concerned should bear the costs of control and supervision of compliance with European Union regulations on a Community scheme to prevent, deter and eliminate illegal, unreported and unregulated fishing for the following:

1) The importation of fish and fishery products landed by a fishing vessel registered in a country outside the European Union, except in cases where the fish or fish product landed in Denmark from a vessel which has not previously been in port with the fish or fish product (direct landing).

2) Re-exports to countries outside the European Union of fish and fishery products previously imported into the European Union, including through direct landing,. No. 1, and not further processed in the European Union.

3) Exports to countries outside the European Union of fish and fishery products landed by Danish vessels.

PCS. 2. The Minister may lay down rules on the collection of the paragraph. 1 those costs, including the termination of the collection.

§ 115. Amount specified under this Act or under the in § 10, the EU acts to be paid to the Minister for Food, Agriculture and Fisheries or other authority and are not paid in time, added, unless otherwise specified in the in § 10, the EU acts an annual interest rate equal to the rate established under the interest Act § 5, from the due date. The amount of interest represents at least 50 kr. For reminder, a fee of 100 kr., Which is regulated by adjusting the percentage of the Act on Rate Adjustment Percentage. The amount is rounded to the nearest 10 kroner divisible.

PCS. 2. Unless otherwise provided for in § 10, the EU acts added to the amount unduly received, which is not repaid within a period fixed by the paying authority in paragraph. 1 following interest from the deadline. It applies only if the Authority while demand repayment to notify the obligation to pay interest.

§ 116. (Repealed)

Chapter 22

Control and supervision

A. General provisions

§ 117. Compliance with the law, rules adopted pursuant to this Act as well as in § 10, the Union acts incumbent Minister for Food, Agriculture and Fisheries.

PCS. 2. Control Authority, if necessary, at any time, on proof of identity and without a court order

1) to move to the lands and private roads, adjacent to fresh or salt water, including the right to move with motor vehicle

2) access to fishing, fish transport vessels and vessels from which exerted recreational fisheries,

3) access to businesses and also wherever fish converted etc., bred and hatched, including companies that form the upstream and downstream in the supply chain, as well as companies that are obliged to pay taxes under § 102

4) the right to open mail containing fish for verifying compliance with the law,


5) access to verify installation, operation and maintenance of equipment on board fishing vessels and

6) the right to use motor vessels in fresh water.

PCS. 3. The control authority shall be entitled to conduct investigations and without compensation to take samples or have samples taking and carry out weighing, to the extent it is necessary to examine the samples nature.

PCS. 4. Control Authority is also entitled on proof of identity and without a court order to inspect in paragraph. 2 those vessels and companies logbooks, inventories, business books, other financial records, supporting documents, prescriptions, research material, correspondence and other documentation, etc., including material stored in electronic form.

PCS. 5. The police shall provide necessary assistance to carry out checks. Minister for Food, Agriculture and Fisheries, in agreement with the Minister of Justice lay down detailed rules.

PCS. 6. In agreement with the Minister for Food, Agriculture and Fisheries may, as part of legislation imposing restrictions on fishing issued under other legislation stipulates that the Ministry of Food, Agriculture and Fisheries involved in the monitoring of compliance with such rules.

§ 117 a. Regardless of § 9 of the Act on security and administration of compulsory intervention and duties of the monitoring authority checks of fishing vessels at sea when the captain, the vessel owner or employees on board a reasonable suspicion of having committed a criminal offense under the Fisheries Act. The inspector may including control catch, fishing gear and documents on board the vessel.

§ 117 b. The Minister for Food, Agriculture and Fisheries may lay down rules that a person in connection with the acquisition of a license must provide their Social Security number.

§ 118. Control Authority may obtain the information from other public authorities needed to verify compliance with the law, including for the purpose of register consolidation and collation of information for control purposes, including information on income and assets, tax settlement, etc.

§ 119. Captains, business owners and employees should the checks in accordance with § 117 at the request of the control authority provide all information, including financial and accounting issues of importance for checks, and free of charge to the control authority necessary assistance on inspection, sampling, copying and distribution of written material and printing of electronic data. Captains, business owners or their representatives are entitled to attend the inspection authority sampling etc. according to § 117.

§ 120. The inspector may issue orders and prohibitions, to the extent necessary

1) for the safeguards, including landing sites, landing times and Control Authority presence at landing or

2) to ensure the presence of a fishing, fish transport vessel, motor vehicle carrying fish and fishing gear and catch until the police can come to present and make the necessary coercive measures for the Administration of Justice rules on criminal procedure.

PCS. 2. As part of the control of individuals and companies that convert etc. fish, the supervisory authority in special cases appoint a chartered or certified accountant for the account of the making sales, etc., to the examination of the evidence that may be subject to control.

§ 121. Sales, etc. of fish is not allowed if

1) fished in breach of the rules on fishing pursuit,

2) the content is not in accordance with the rules on catch composition or

3) the content is not registered, log led or reported in accordance with the law, rules adopted pursuant to this Act or in § 10, the Union acts.

PCS. 2. The Minister for Food, Agriculture and Fisheries may lay down rules on documentation, etc. for that that translates etc. fish, complying with paragraph. 1.

PCS. 3. The Minister may also, as part of the monitoring of firms covered by Act Chapter 16 and does not have a permanent establishment in this country, lay down specific rules on documentation, etc. for that that translates etc. fish in the first stage, cf. . § 86, complying with paragraph. 1.

PCS. 4. Fish covered by paragraph. 1, shall immediately after the catch returned to the sea as far as possible in live condition.


§ 122. On that translates etc. fish, which are subject to § 121 paragraph. 1, can free itself from liability under § 130 paragraph. 1 pt. 1, see. § 121 paragraph. 1, immediately in connection with the receipt of the fish to notify the control authority, stating the party's approximate size and composition as well as the sender's name and address.

PCS. 2. Fish notified in accordance with paragraph. 1, must be stored so that their control can be exercised, and must not be translated, etc. without the consent of the inspector.

PCS. 3. In a lot of fish, where part of the content is covered by § 121 paragraph. 1, the entire party illegal, unless sorting out the illegal part takes place in the presence of the inspector or sampling is done to determine the illegal partly extent.

PCS. 4. The Minister for Food, Agriculture and Fisheries may lay down rules on the sale etc. of fish during closed seasons and other periods when fishing for any species of fish not allowed.

§ 122 a. The inspector may cause or require discarding of catches fished in breach of the rules on fishing pursuit, or if the content is not in accordance with the rules on catch composition.

§ 123. If provisions of the Act, regulations issued under the Act and the § 10, the Union acts on the application, design, placement, labeling and marking of fishing gear and the mesh size of the monitoring authority, the necessary steps, including to arrange removal tools and piles.

PCS. 2. If a tool is removed at the request of a fisherman and infringement relates spacing rules between instruments specified pursuant to § 32 paragraph. 1, the responsibility for any costs the person who made the request to the extent violation of the rule are subject to private prosecution, in accordance. § 136. Control Authority may require collateral for such costs. The person who made the notification and incurred expenses, is entitled to recover the costs of which have placed the implement illegal.

§ 124. The Minister for Food, Agriculture and Fisheries may lay down rules on the landing of fish, design and operation of fishing vessels and fish transport, where it is deemed necessary safeguards.

PCS. 2. The Minister may lay down rules on the control of information as a basis for payment of benefits or the collection of taxes under the law and in § 10, the Union acts.

PCS. 3. The receiving benefits or have to pay taxes according to law and in § 10, the Union acts to conserve it in § 117 paragraph. 4, mentioned documentation, including material in electronic form, for at least 5 years from the end of the year in which payment is received or charge has been paid.

§ 125. The Minister for Food, Agriculture and Fisheries may lay down rules that it should be a condition for payment of the amounts and grants under the Act and the § 10, the Union acts, including those listed in § 102 these Funds the receiver indicates a bank account in which the amount can be inserted.

PCS. 2. The Minister may determine rules on the accounting, etc., to be kept by companies in connection with the payment of benefits or charging.

B. Specific control requirements for EU legislation on fisheries area

§ 126. The National Audit Office may, possibly together with the European Court of Auditors, under similar conditions as mentioned in § 117, paragraph. 2, check the companies' inventories and in § 117 paragraph. 4, said material which is relevant to the audit over the management of the in § 10, the Union acts.

§ 127. (Repealed)

C. Special control provisions for fresh water

§ 128. The Minister for Food, Agriculture and Fisheries may lay down rules on local councils' involvement in supervision in freshwater.

§ 129. Fishermen who are licensed fishing in fresh water, may employ one or more supervision men to be approved by the Minister for Food, Agriculture and Fisheries.

PCS. 2. The Minister provides the attendant with special credentials and approved by the Minister instructed.

PCS. 3. The Minister may revoke the paragraph. 1 said approval if the caretaker does not fulfill the duties imposed on it if the caretaker abusing the authority that has been delegated, or overseer also appear unfair.


PCS. 4. superintendent oversees the law, rules adopted pursuant to the law and decisions or with the Ministry of Food, Agriculture and Fisheries concluded agreements, etc. observed in the fish water, which in paragraphs. 1 said fishermen can dispose of.

PCS. 5. overseers have the right to move to the lands and private roads, adjacent to in paragraph. 4, the fishing waters.

Chapter 23

Punishment, prosecution and confiscation

§ 130. Unless a higher penalty is warranted under other legislation, punishable by fine who

1) violates or attempts to violate § 11 paragraph. 1, § 12 paragraph. 1, § 13, § 18, § 28 para. 2, § 32 paragraph. 4, § 33 paragraph. 1, § 38 paragraph. 1, § 44 paragraph. 1, § 50 paragraph. 1, § 58 paragraph. 2, one disqualification by judgment according to § 59 a paragraph. 1, an agreed ban according to § 59 a paragraph. 2, § 63 paragraph. 1, § 66 paragraph. 1, § 69, § 72, § 74 paragraph. 1, § 76, § 77 paragraph. 1, § 86 paragraph. 1, § 87, § 97, § 98, § 119, § 121, paragraph. 1, § 122 paragraph. 2, § 124, paragraph. 3, in accordance with § 10 paragraph. 1, the provisions adopted and in § 10 said regulations and decisions

2) ignore or try to override the conditions attached to a permit or license issued under the Act or regulations established pursuant to this Act,

3) violates, attempts to violate or fail to comply with any requirement or prohibition granted under the Act or regulations established pursuant to this Act,

4) deliver or attempt to give false or misleading information or conceals or attempts to conceal information, as required by law, regulations established pursuant to this Act or in § 10 said regulations and decisions

5) fails to submit the documents and information required to submit, or as required by law, regulations established pursuant to this Act or in § 10 said regulations and decisions

6) intentionally or recklessly violate its obligations under § 104. 2, or

7) unauthorized fishing in fresh waters, see. § 28 para. 1.

PCS. 2. In regulations issued pursuant to this Act may stipulate fines for violation or attempted violation of the provisions of the rules.

PCS. 3. Anyone who commits a relationship referred to in paragraph. 1, no. 2, 4, or 5, or as mentioned in the under paragraph. 2 established rules with intent to evade or other payment of taxes in accordance with the § 10 issue regulations or in accordance with rules laid down under § 102 or with intent to gain undue payment or reimbursement of benefits to themselves or others according to the § 10 those regulations or pursuant to § 103 or rules prescribed pursuant to § 102, punishable by fine or imprisonment for up to 1 year and 6 months, unless a higher penalty is prescribed by the penal Code § 289.

PCS. 4. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.

PCS. 5. If an offense is committed by one or more vessels included in a pot fishery may be imposed elevated fines.

PCS. 6. The limitation period for criminal liability shall in no case less than 5 years for offenses which causes or is likely to result, that any unjustified exempted from the payment of taxes in accordance with the § 10, the Union acts in accordance with this Act or regulations established pursuant to this Act or that any gain unjustified payments under the aforementioned provisions.

PCS. 7. For violations of § 11 paragraph. 1, § 12 paragraph. 1, § 38 paragraph. 1, § 86 paragraph. 1, § 87, § 119, § 121, paragraph. 1, and pursuant to § 10 paragraph. 1, the provisions adopted and in § 10, the regulations and decisions as well as the offenses covered by paragraph. 1, no. 2-5 and. 2, the limitation period for criminal liability in no case less than 5 years if the breach relates to fishing, which may be exercised only as commercial fishing, see. § 11 paragraph. 1, no. 1, or the sale etc. of the fish, see. § 3, no. 5


PCS. 8. Violation of the provisions laid down in § 10, the EU regulations to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing, under Danish jurisdiction (jurisdiction), whether the offense is committed outside Denmark, if the offense is committed by a person who at the time of the offense had Danish nationality and was not resident or otherwise resident in the Faroe Islands or Greenland. Similarly belong offense under Danish jurisdiction if the offense is committed for the benefit of a legal person established in Denmark. This applies whether the terms of the Penal Code §§ 6-9 are met, and even if the offense is not punishable by the laws of that state area.

§ 131. The searches in cases of violation of the provisions of this Act or rules laid down under this Act may be made in accordance with the provisions of the PPC for search in cases which by law can result in imprisonment.

PCS. 2. Control Authority may under the rules of the Administration of Justice Chapter 74 seize the gear and catch for violations of provisions of this Act or rules laid down under this Act.

§ 132. fish caught in contravention of the Act or regulations established pursuant to this Act, or the value thereof may be confiscated although it can not be definitely proved that the catch in it all comes from illegal conditions. As such fish are in viable condition, they must be immediately released by the control authority or the under § 129 approved supervision men.

PCS. 2. Fishing gear found in the water, may be confiscated, regardless of it can not be known who it belongs when the implement

1) is not legally designed, labeled, marked, used or placed under this Act, rules adopted pursuant to this Act or in § 10, the EU acts

2) not røgtet in accordance with § 33 or

3) is set or left in places in freshwater, where another has the exclusive right to fish or to the art of fishing.

§ 133. If a violation is not to lead to a higher penalty than a fine, the Minister for Food, Agriculture and Fisheries indicate that the matter can be settled without prosecution if that offender pleads guilty to the offense and is prepared within a specified period after application may be extended to pay the sentiments indicated penalty. Similarly, demand for confiscation, including value confiscation, adopted without prosecution.

PCS. 2. With regard to the paragraph. 1 acknowledgment referred the provision in the Code of Civil Procedure § 832, paragraph. 2, mutatis mutandis.

PCS. 3. fine is paid on time, or is it for the cover being adopted recovered or serving lapse further prosecution.

§ 134. In cases dealt with administratively see. § 133 paragraph. 1, the Code of Civil Procedure § 752, paragraph. 1, mutatis mutandis.

§ 135. Foreign ships have been used for fishing activities contrary to the in § 10, the EU acts against this Act or against the rules laid down under this Act may be retained by the inspector. Control Authority's implementation of detention is in compliance with Chapter 74 of repossession.

PCS. 2. Retention after paragraph. 1 can only happen if it is required

1) to secure evidence,

2) to ensure public claim costs, confiscation and fine

3) to secure the victim's claim for restitution or compensation or

4) to implement control and prosecution.

PCS. 3. There can be no deduction under subsection. 1 if there is a guaranteed payment in paragraph. 2 pt. 2 and 3, that amount or the one who had to dispose of the ship during fishing activity, wrongly in possession of it.

PCS. 4. Paid in paragraph. 2 pt. 2 and 3, that sum is, or made no security for such amount within two months after the final decision, may seek satisfaction in the ship.

§ 136. Violation of the rules in §§ 69, 72 and 76 are subject to private prosecution. The same applies to violations of fishing rights according to § 28 paragraph. 1, and for breach of the rules on distance between fixed gear set pursuant to § 32, unless the public interest makes public action required.

Chapter 24

Commencement and transitional provisions, etc.

A. Commencement

§ 137. time of the act or parts of the Act shall be fixed by the Minister for Food, Agriculture and Fisheries.


PCS. 2. The Minister may set in this context that the following laws totally or partially repealed:

1) Act on saltwater fishing under. Legislative Decree no. 803 of 11 November 1998.

2) Act on the regulation of fishing activities under. Legislative Decree no. 802 of 11 November 1998.

3) Act no. 285 of 27 April 1994 on the first sale of fish.

4) Act no. 482 of 12 June 1996 on the administration of European Union regulations on the fishing area and administration of production taxes, etc.

5) Act on freshwater fishing under. Legislative Decree no. 495 of 16 June 1997.

6) Act no. 227 of 8 April 1992 on fishing licenses, etc.

7) Law no. 101 of 27 March 1933 on the preservation and order regulations for fishing in the Kingdoms of Denmark and Sweden adjacent waters.

8) Act no. 67 of 23 March 1965 on fishing in Randers Fjord and the Gudenå mm

9) Act no. 42 of 13 February 1959 on fishing in the Flensburg Inner Fjord.

PCS. 3. Rules laid down under in paragraph. 2, the laws remain in force until replaced by regulations laid down in this or other laws. Contravention is punishable by the existing rules.

B. Transitional provisions for statutes in saltwater and regulations in freshwater

§ 138. Statutory Provisions, established under previous legislation on saltwater fishing shall remain valid unless the Minister for Food, Agriculture and Fisheries has established rules which totally or partially repeal the statute. Violation of the statute is punishable by fine, until the statute shall cease to apply.

§ 139. Regulations established under previous legislation on freshwater apply until 1 July 2010 unless the Minister for Food, Agriculture and Fisheries, rules, totally or partially repeal Ordinance. Violation of the regulations is punishable by fine until regulations will cease to apply.

PCS. 2. Regulation The Directors will hold at least 14 days notice at least one annual meeting and shall also meet whenever two directors so require. The Board of Directors convenes Annual General Meeting once a year.

PCS. 3. At the annual general meeting provision to the economic exploitation of water covered by the regulations, whether to be charged membership fees and the amount thereof, as well as how any surplus should be distributed.

C. Specific transitional provisions in freshwater

§ 140. Orders, decisions and agreements, etc. rendered or entered into after previous laws on freshwater fishing is in force until repealed or their content is no longer valid. Violation of orders etc. punishable by fine.

D. Transitional provisions for fines

§ 141. Fines under this Act accrue to the Treasury. Until the end of 2002, distributed, however, by the Minister for Food, Agriculture and Fisheries up to 200,000 kr. Per year of paid fines between Danish Fishermen Cultural Fund, the DFA Help Fund - East and the DFA Help Fund - West respectively 1/2, 1/3 and 1/6 each.

PCS. 2. If the paragraph. 1 Funds referred repealed, determines the minister how the fines allocated funds are used.

E. Transitional provisions relating to licenses, permits and production levy funds

§ 142. Appropriations and permits issued under the former rules remain in force until replaced by licenses and permits issued under this Act or rules laid down under the law.

PCS. 2. Production Tax Funds set up under the former rules maintained.

F. Faroe Islands and Greenland

§ 143. The Act does not apply to the Faroe Islands and Greenland, cf.. However paragraph. 2.

PCS. 2. This Act shall be for breach of provisions laid down in § 10, the EU regulations to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing, which is committed in the Faroe Islands or Greenland of Danish nationals who are not resident or are otherwise domiciled in the Faroe Islands or in Greenland according to. § 130, paragraph. 8.

Act no. 1336 of 19 December 2008 amending Withholding Tax, the Tax Collection Act, udpantningsloven and various other laws, § 47. The amending law came into force on 1 January 2009. Amendment Act repealed Fisheries Act § 116 (access to deductions from salary).


Act no. 1513 of 27 December 2009 amending the law on the administration of the European Community regulations on the organization of agricultural markets etc. and the Act on fishing and fish farming (Fisheries Act), § 2. The amending law came into force January 1, 2010 . Amending law inserted two new paragraphs. the Fisheries Act § 105 (publication of budgets and accounts, etc. for funds, and evaluation).

Act no. 718 of 25 June 2010 amending the bankruptcy law and various other laws, § 53. The amending law came into force on 1 April 2011. Amendment Act amended Fisheries Act § 89 (Bankruptcy Act on reconstruction).

Act no. 604 of 14 June 2011 amending the Food Act, the Fisheries Act and the Act on trade licenses for certain food, § 2. Amendment Act came into force on 1 July 2011. The Amending Law introduced the term "European Union" throughout the Fisheries Act. In addition, related to amending Act Fisheries Act §§ 112 c, 112 d, 114a and 115 (on digital communication, fee for IUU control and charge for reminders).

Act no. 388 of 2 May 2012 amending the Fisheries Act. The amending law came into force on 1 June 2012 (the quota for salmon fishing, EU-scoring system, jurisdiction for certain extraterritorial offenses, etc.).

Act no. 446 of 23 May 2012 amending the Environmental Protection Act, the Act on environmental approval, etc. of livestock, the Contaminated Soil Act and various other laws, § 6. Amendment Act § 6 came into force on 1 July 2012. The Amending Law repealed fisheries Act § 47 (detoxification of freshwater fish farming) and amended § 49 and § 130.

Act no. 1148 of 11 December 2012 amending the Fisheries Act. The amending law came into force on 15 December 2012 (license to certain educational institutions).

Act no. 310 of 29 March 2014 amending the Act on Research Consulting etc. and various other laws and repealing the Act on Technology Foundation, § 9. Amendment Act came into force on 1 April 2014. The Amending Law updated the name of the Free Research.

Ministry of Food, Agriculture and Fisheries, May 21, 2014
Dan Jørgensen
/ Jette Petersen



Appendix 1

Contents








Chap. 1




Purpose of the Act, scope and definitions



§§ 1-3




Chap. 2




Advisory committees



§§ 4-9




Chap. 3




Administration of Community acts and of international agreements in fisheries and fish farming



§ 10




Chap. 3 a




Environmental damage to protected species or international nature conservation areas



§§ 10a-10 c




Chap. 3 b




Conservation and Protection, etc. of certain natural habitats, wild flora and fauna



§§ 10 d-10 j




Chap. 4




Fishing Forms and licensed fishing







A. General


§§ 11-13






B. Eligible Fishing in saltwater







Commercial fishermen


§§ 14-15






Commercial fishing companies and certain private institutions of education


§§ 16- 16 a






Sideline Fishermen


§§ 17-19






Provisions common to the right of commercial and sideline fishing in saltwater


§§ 20-23





C. Special fishing rights in saltwater







Replaced ålegårdsrettigheder and similar special rights


§ 24






farmers


§ 25





D. Recreational fisheries







Anglers


§ 26






Recreational Fishermen


§ 27





E. Fishing rights in freshwater


§§ 28-29




Chap. 5




Promotion, protection and conservation of fish stocks



§§ 30-31




Chap. 6




Fishing gear



§§ 32-33




Chap. 7




Regulation of commercial fishing in saltwater







A. Regulatory measures


§§ 34-35





B. Fishing permits and fishing pool


§§ 36-37




Chap. 8




Vessels fishing license



§§ 38-39 b




Chap. 9





Regulating recreational fishing



§ 40




Chap. 10




Special rules for freshwater







A. Special validity rules for freshwater areas


§§ 41-42





B. Fish Passage through barriers and drainage etc. in freshwater


§§ 43-49





C. Escrow trapping equipment in freshwater


§§ 50-52





D. Amid Power line


§ 53




Chap. 11




DEK and recreational fishing sign



§§ 54-61




Chap. 12




Fish Care and releases etc.







A. Fish Care


§ 62





B. Releases etc.


§§ 63-65




Chap. 13




Breeding in saltwater



§§ 66-70




Chap. 14




Mutual codes of conduct between fishermen







A. Distance Rules etc.


§§ 71-72





B. Preferential Rights in salt


§§ 73-74





C. Replacement


§ 75




Chap. 15




Fishermen compared to other activities







A. Requirements for the protection of fisheries







General provision


§§ 76-80







Measures in freshwater areas


§ 81





B. Relationship to boating and shipping


§§ 82-83





C. Rights in relation to coastal owners in coastal waters


§ 84





D. Compensation Rules in freshwater areas


§ 85




Chap. 16




Initial reaction of fish







A. Grant for first sale and the holding of public fish auction


§§ 86-87





B. The grant of authorization


§§ 88-92





C. Elimination or revocation of license


§§ 93-96





D. Rules for the operation of the authorization service operator


§§ 97-101




Chap. 17




Administration of production levies



§§ 102-108




Chap. 18




Scientific studies etc.



§ 109




Chap. 19




Delegation and redress



§§ 110-111




Chap. 20




Submission and processing of information



§§ 112-112 c




Chap. 20 a




Measures during accidents and disasters, including acts of war, etc.



§ 112 d




Chap. 21




Fees, etc.



§§ 113-116




Chap. 22




Control and supervision








A. General provisions


§§ 117-125





B. Specific control requirements for EU legislation on fisheries area


§§ 126-127





C. Special control provisions for fresh water


§§ 128-129




Chap. 23




Punishment, prosecution and confiscation



§§ 130-136




Chap. 24




Ikrafttrædelse- and transitional provisions







A. Commencement


§ 137





B. Transitional provisions for statutes in saltwater and regulations in freshwater


§§ 138-139





C. Specific transitional provisions in freshwater


§ 140





D. Transitional provisions for fines


§141





E. Transitional provisions relating to licenses, permits and production levy funds


§ 142





F. Faroe Islands and Greenland


§ 143












Appendix 2

Animal species of community interest whose taking in the wild and exploitation will be subject to management measures








Only species relevant to the law is



Salmoniformes




included



Salmonidae



The species listed in this Annex are indicated


Thymallus thymallus



either by


Salmo salar (in fresh water)



1) the species or subspecies name, or


Cyprinidae



Barbus spp. (The abbreviation "spp." Refers to



2)


all species of a higher


all the species belonging to that family or




taxon (taxon) or to a


genealogy.)



designated part of that.


CLUPEIFORMES



Petromyzoniformes


Clupeidae



Petromyzonidae


Alosa spp.



Lampetra fluviatilis


arthropoda



ACIPENSERIFORMES


Crustacea - Decapoda



Acipenseridae


Astacidae



- All species not listed in Annex IV of


Astacus astacus



Habitats Directive














Official notes

1) The Act contains provisions implementing parts of European Parliament and Council Directive 2004/35 / EC of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage Official Journal 2004 No. L 143, page 56 , parts of Council Directive no. 79/409 / EEC of 2 april 1979 on the conservation of wild birds (EC birds Directive), Official Journal 1979 no. L 103, page 1, last amended by Directive 2006/105 / EC of 20 november 2006, Official Journal 2006 no. L 363, page 368, and Council Directive 92/43 / EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (EC Habitats Directive), EU -Tidende 1992, no. L 206, page 7, last amended by Council Directive 2006/105 / EC of 20 november 2006, the Official Journal no. L 363, page 368th

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