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The Law Of The Sea And Of Fishing Vessel Registration

Original Language Title: Laki merellä toimivien kalastus- ja vesiviljelyalusten rekisteröinnistä

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Law on the registration of fishing and aquaculture vessels operating at sea

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law provides for a register of Finnish fishing and aquaculture vessels operating in the register, in so far as it is not provided for in the provisions of the European Union's common fisheries policy.

ARTICLE 2
Use of the register

The register shall be used for the monitoring and control of fishing capacity of Finnish fishing vessels and for the control, research, development and statistics of commercial fisheries and aquaculture in the European Union's Common Fisheries Policy , in accordance with the provisions adopted and national provisions implementing them.

The register may also be used for the control of water transport, fuel taxation and food legislation, as well as support for civil protection in the waters, general planning planning, water use Design and maintenance of border management.

ARTICLE 3
Definitions

For the purposes of this law:

(1) Fishing vessel A vessel equipped or used for the commercial fisheries of fish or other marine biological resources;

(2) On a Finnish fishing vessel The vessel referred to in paragraph 1, Article 1 of Chapter 1 of Chapter 1 Is Finnish;

(3) Commercial fishing Activities in which living aquatic resources are requested for the purpose of sale or where the fishery resources obtained or part of the fishery resources are sold;

(4) On aquaculture A vessel used at sea exclusively in aquaculture;

(5) Fishing capacity Gross tonnage of the fishing vessel in GT and power in kW (kW);

(6) Overall length of the vessel The length of the vessel as defined in Article 2 (1) of Council Regulation (EEC) No 2930/86 on the characteristics of fishing vessels;

(7) In the register The holding of fishing capacity in a register which may be registered with fishing vessels in accordance with the provisions laid down by the European Union concerning the fishing capacity of Finnish fishing vessels and Article 6 (2);

(8) With the registration authorisation Authorisation to obtain a fishing vessel or an increase in fishing capacity equivalent to a designated fishing capacity in the register;

(9) With registration The inclusion of a fishing or aquaculture vessel or an increase in fishing capacity in the register.

§ 4 (13/05/1999)

Paragraph 4 has been repealed by L 6.3.2015/199 .

Chapter 2

Registration procedure

§ 5 (13/05/1999)
Competent registrar

The Centre for the Business, Transport and the Environment of Finland is the competent controller in the area of all means of life, transport and environmental centres. The Centre for the Economy, Transport and the Environment of Finland shall decide on the registration and removal of vessels, issue the registration authorisations referred to in Articles 12 and 18 and shall register the entries for fishing and aquaculture vessels.

The Centre for the Economy, Transport and the Environment shall be responsible for the correctness of the information which it has deposited in the register, and shall manage the register and record the register of the register of vessels in the register.

The Ministry of Agriculture and Forestry is responsible for the technical maintenance of the register.

ARTICLE 6
Grouping of vessels

Vessels shall be registered in the following groups of vessels:

1) fishing vessels of less than 12 metres overall length ( Coastal vessels );

2) fishing vessels of not less than 12 metres overall length ( Open-sea vessels ); or

3) aquaculture vessels.

The decree of the Council of State lays down a maximum number per group per group per group. This Regulation shall take into account the requirements for sustainable fishing and the balance between fishing capacity and resources of fishing vessels.

§ 7
Obligation to register

The fishing vessel shall be registered before being used for commercial fishing. If the capacity of the fishing vessel in the register is increased, the increase shall be recorded before the use of the fishing vessel for commercial fishing is allowed to continue.

The aquaculture vessel must be registered before it can be used in aquaculture.

§ 8
Application for registration

The owner of the vessel shall apply for registration and registration in writing from the competent controller.

In the application, the owner of the vessel shall provide an explanation of the matters referred to in Articles 9 to 11 and 21 which are in his file. At the request of the competent controller, the owner and the holder of the fishing vessel shall be obliged to provide the necessary explanations for the fulfilment of the conditions of registration.

§ 9
Conditions for registration of a fishing vessel

The registration of a fishing vessel shall be subject to the condition that the fishing vessel is Finnish and that the register has a register sufficient to register the vessel.

ARTICLE 10
Additional conditions for the registration of the open sea vessel

In addition to the provisions laid down in Article 9, where the purpose of the sea fishing vessel is to fish in the European Union, the registration shall be conditional on:

(1) where the holder is Natural person That he is a national of Finland or any other member of the European Economic Area and that he or she has been a member of the fishing vessel or as a crew member during the 12 months preceding the application or registration, and during the same period, At least 10 fishing trips or at least 20 days at sea in the event of fishing trips or, if the conditions relating to the fishing trips referred to above are not met, that he or she shall show registration in accordance with Article 15 (2); In the next 12 months, to meet the above mentioned Conditions; or (19/04/2013)

(2) where the holder is Open company Or Commandiite company That the majority of the members of an open company or a group of companies responsible for the Commandites company are natural persons meeting the conditions laid down in paragraph 1, or entities referred to in paragraph 3; or

(3) where the holder is Public limited company Or Cooperative That the majority of the voting rights produced by the majority of the shares or the shares of a limited company are to be met by natural persons meeting the conditions laid down in paragraph 1, or by the entities referred to in paragraph 2, and that at least two A third of the members of the public limited liability company or of the cooperative and the Chairperson and the Vice-Chairperson are natural persons meeting the conditions laid down in paragraph 1; and

(4) that fishing on board has sufficient financial linkage to the Finnish fishing industry.

As regards the co-operative, the limited company, the limited partnership and the open company, these are applicable to the corresponding foreign Community.

ARTICLE 11
Adequate economic link with the Finnish fishing industry

The economic link with the Finnish fishing industry is sufficient if:

(1) at least half of the total annual catch of the vessel calculated from the total value of the catch shall be landed in a port in Finland;

(2) at least half of the ship's annual fishing trips shall start from a port in Finland; or

(3) at least half of the crew of the ship is Finnish citizens or nationals of other countries belonging to the European Economic Area whose habitual residence is in Finland.

The grant vessel shall also be registered if the conditions of Sections 9 and 10 are met and the owner of the vessel presents other elements demonstrating that the fishing activity carried out by the vessel has sufficient financial linkage to the Finnish fishing industry.

ARTICLE 12
Fishing vessel registration permit

Before registration, the fishing vessel or the fishing capacity of the fishing vessel may be authorised for registration.

The registration authorisation shall be valid for one year and may, for specific reasons, be extended for a period not exceeding one year.

If the application for registration is not left to the competent controller within the time limit set in the authorisation decision, the registration authorisation shall lapse. Registration may not be transferable.

ARTICLE 13
Authorisation of registration and registration of fishing vessels

Registration authorisations and fishing vessels shall be registered in the order in which the applications have been registered to the competent controllers. In the case of applications received on the same day, order shall be laid down.

If a vessel cannot be registered or authorised to register, because there is no register in the group, the application may be lodged at the written request of the applicant, pending the release of the register during the year. At the request of the applicant, the period may be extended by a maximum of one year.

Paragraph 3 has been repealed by L 6.3.2015/199 .

ARTICLE 14
Aquaculture vessel registration

Aquaculture vessels shall be registered in the order in which the applications have arrived to the competent controllers. The registration of a aquaculture vessel shall be subject to the condition that the vessel is used exclusively in aquaculture and that the activity takes place in Finnish territorial waters or in the exclusive economic zone. However, the ship may also be temporarily used in other waters.

§ 15
Compliance with the conditions of registration

The owner and the holder of a fishing vessel shall be obliged to provide the competent controller with all the information required to establish and monitor compliance with the conditions of registration provided for in Articles 9 to 11.

The holder of a vessel shall demonstrate that it is to fulfil the conditions for the fishing trips provided for in Article 10 in the 12 months following the registration of the fishing vessel to be registered with the controller A written action plan indicating that, during the 12 months following the registration, a natural person, as required by Article 10 (1) (1) to (3) of the vessel or holder of the vessel, is to be registered As master or member of the crew, in such a way that The conditions for fishing trips or sea days are met.

Whenever the holder of the open-sea vessel is replaced and otherwise at least once every calendar year, the competent registrant shall check that the conditions for registration are fulfilled by all open-sea fishing vessels registered in the registered quota. If the conditions laid down in Article 10 have not been met during the preceding year, the controller shall suspend the fishing licence of the fishing vessel in accordance with Article 29 (2). Where the failure to fulfil the conditions for fishing trips referred to in Article 10 has been due to a long-term illness or other comparable reason, the competent controller may extend the period considered to be reasonable. By the time he was considering.

Chapter 3

Removal from the register

ARTICLE 16
Removal of a fishing vessel

The fishing vessel shall be removed from the register:

1) if the vessel is no longer Finnish;

(2) if the removal of the ship from the register is required by European Union acts;

(3) if the ship has been shipwrecked or destroyed; or

4) if the vessel's fishing licence has been suspended for three consecutive years.

The owner and holder of the vessel's register shall be given an opportunity to be heard before the decision is taken.

The fishing vessel shall also be removed from the register if it is requested in writing by the owner of the vessel and the controller is not aware of any of the factors which prevent the removal from the register. If the vessel is not controlled by the owner, the holder of the vessel's register shall be informed immediately and before the decision is made at the request of the owner.

§ 17
Removal of fishing vessel from the register due to non-fishing

The fishing vessel may be removed from the register if the master of the fishing vessel has not issued catch declarations for the fishing vessel during the current year and in the previous three calendar years, indicating that the vessel is engaged in commercial activities. Fisheries.

The owner and bearer of the vessel shall be given an opportunity to be heard before taking a decision.

Paragraph 3 has been repealed by L 6.3.2015/199 .

ARTICLE 18
How to store the register of a fishing vessel

Where a fishing vessel is removed from the register at the request of the owner, the owner shall be entitled to retain the register of the withdrawn vessel for use in the registration of another fishing vessel or to increase the fishing capacity of the registered fishing vessel in the same In the group. The storage of the register shall be requested in writing, at the same time as requesting removal from the register.

Article 12 (2) and (3) shall apply to the registration certificate for the storage of the registry.

§ 19
Removal of aquaculture vessel from the register

The aquaculture vessel shall be removed from the register if the owner of the vessel so requests in writing. The holder of the vessel's register shall be informed of the owner's application before taking a decision.

The controller shall also have the right to remove the vessel from the register, after consulting the owner and holder of the vessel, if the vessel is permanently excluded from the Finnish economic zone.

Chapter 4

Registration data

§ 20
Applicable law

Save as otherwise provided for in this Act or in the acts relating to the common fisheries policy of the European Union, the information and information to be made available in the Register shall be governed by the provisions of: The law on public authorities' activities; (18/09/1999) And, as regards personal data, personal data law, where applicable (523/1999) .

ARTICLE 21
Significant data in the register

The register shall be registered as basic information on the common fisheries policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009, and Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004 /585/EC Information provided for in Article 24 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council repealing Regulation (EU) No 1380/2013 of the European Parliament and of the Council and Commission Regulation (EC) No 26/2004 on the Community fishing fleet register. (19/04/2013)

In addition, the register shall be registered as necessary for the purpose of the register:

1) information on the validity of the fishing licence and the suspension of the fishing licence;

(2) the identity, contact details and language of the owners and holders of the vessel;

(3) ship ownership;

(4) ship management information, including the information required in Article 10 concerning the ownership and management of the Community-holder, as required by Article 10;

(5) the name and identity number and nationality and contact details of the person entitled to declare the catch of the fishing vessel;

(6) information on the system of penalties and penalties imposed on the fishing licence holder and the fishing vessel; (14/04/2014) From points 60 and 62;

(7) information to the master of the fishing vessel on the basis of points 61 and 62 of the Common Fisheries Policy and Articles 61 and 62;

(8) information on the prohibitions imposed on the master of the fishing vessel on the basis of Article 61 of the Common Fisheries Policy, on the basis of Article 61 of the Law on Sanctions and Control of the Common Fisheries Policy;

(9) the vessel group in accordance with Article 6;

(10) ship inspection data;

(11) information on fishing and special fishing permits issued to the vessel;

(12) information on fishing gear used on board;

(13) information on the registration authorisation referred to in Articles 12 and 18;

(14) information on the ship-out, security and enforcement activities;

15) Time of arrival of the application for registration.

(19/04/2013)

The information referred to in paragraph 2 shall be further specified, where appropriate, by a Regulation of the Ministry of Agriculture and Forestry.

§ 22
Obligation to report

The owner of the vessel shall, without delay, notify the competent controller if there has been any change in the information entered in the register and, at the same time, provide a necessary explanation of the changes. If the change is otherwise known to the controller, this may, after consultation with the party concerned, correct the registry data as equivalent to changed circumstances. However, the registration of amendments requiring a registration decision shall always require the application of the owner of the fishing vessel.

The owner and holder of the vessel shall be obliged to provide the controller with the information necessary for the maintenance or purpose of the register at the request of the controller.

ARTICLE 23
Access to information from public authorities

Without prejudice to the confidentiality of the data, the controller shall have the right to obtain the information necessary for the maintenance and purpose of the register:

(1) public authorities in the population, business and community information centres, owners and holders of fishery and aquaculture vessels and persons and entities working on board fishing vessels, nationality, address and home municipality records; As well as information on the death of persons and the termination and cessation of legal persons;

(2) authorities with a register of vessels, information on fishing vessels registered in the register of vessels and on the marking of owners and holders;

(3) information on crew lists of fishing vessels from the border inspection authorities;

(4) information from the enforcement authorities concerning the enforcement, protection and enforcement measures against fishing and aquaculture vessels;

(5) information from the authorities responsible for the survey of fishing and aquaculture vessels.

The data may be disclosed by means of a technical service or by electronic means.

§ 24
Extradition of information containing personal data

Notwithstanding the provisions of Article 16 (3) of the Law on the Activities of the Authorities, any information containing personal data stored in the register may be disclosed in copies, in print or through a technical service, or otherwise Electronically:

(1) customs authorities for control tasks, prevention, prevention, taxation and control of criminal offences provided for by law;

2) for border guards and police for fisheries control, border management, maritime surveillance, crime prevention, pre-trial investigations and oil spills and rescue operations;

3) to the Transport Safety Agency for maritime navigation, surveillance of maritime safety and the maintenance of the register of vessels;

(4) safety authorities for the monitoring of working conditions of fishing vessels;

(5) to the enforcement authorities for the performance of their implementing tasks;

(6) food control authorities for the purpose of monitoring compliance with food legislation;

7) to the Government of the Province of Åland, for the purposes of monitoring compliance with the common fisheries policy and for the registration of their Finnish vessels in the province of Ahvenanma;

(8) The authorities of the Member State of the European Union or of the State which acceded to the Agreement on the European Economic Area, the European Commission, the Community Fisheries Control Agency and the authorities referred to in international agreements For the performance of obligations arising from legislation or binding international agreements in Finland;

(9) An accident investigation centre for rescue and accident investigations;

10. To the Statistics Centre and to the Natural Resources Centre for the compilation and research of statistics; (27.6.2011)

(11) universities and higher education institutions for the purpose of statistics and research;

(12) advisory and representative organisations in the fisheries sector for information and advice on fisheries;

(13) to the bodies approved by the controller for the purposes of the environmental impact assessment procedure or the fisheries report, research and design purposes.

Prior to the transmission of the information, the technical service shall provide the information requested to provide information on the protection of data within the meaning of Article 32 of the Personal Data Act.

ARTICLE 25
Disclosure on the basis of the external identification of the vessel

Every person has the right to receive, on the basis of the external identification number of the vessel, a printout or a copy of the public information relating to the registration, as well as public information on the name and address of the owner and the holder of the vessel-and other Contact information.

The data may be disclosed by means of a technical service or by electronic means.

§ 26
Extradition of personal data outside the European Union and the European Economic Area

For legitimate reasons, personal data may be transferred from the register to the authorities and to the public authorities for the purpose of carrying out their tasks outside the European Union and the European Economic Area, if Articles 22 and 22a or 23 of the Personal Data Act are: The conditions for the transmission of data are fulfilled.

The data may be disclosed by means of a technical service or by electronic means.

§ 27 (13/05/1999)
Closure of information

The Centre for the Economy, Transport and the Environment of Finland shall decide on the transmission of information entered in the register of fishing vessels.

ARTICLE 28
Retention of personal data in the register

Under this law, personal data entered in the register will be deleted from the register as soon as they become redundant from the point of view of the purpose of the register.

Chapter 5

Outstanding provisions

§ 29
Fishing licence

The competent controller shall grant, suspend and withdraw from a Community control system designed to ensure compliance with the rules of the Common Fisheries Policy, Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004 (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008 and (EC) No 1342/2008 and Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No Council Regulation (EC) No 1224/2009 of repealing 1966/2006 and The fishing licence referred to in Commission Regulation (EC) No 1281/2005 on the management of fishing licences and the minimum information to be included therein. The fishing licence of a fishing vessel shall be issued in conjunction with the registration of a fishing vessel and shall be withdrawn when the fishing vessel is removed from the register. In the event of a change in the owner and holder of the vessel, the information on the fishing licence shall be updated to reflect changed circumstances. The fishing vessel shall not be used for commercial fishing if it does not have a valid fishing licence with a valid record.

The validity of the fishing licence shall be suspended indefinitely or suspended under the conditions laid down by law or by European Union law. Before suspending the fishing licence, the owner and holder of the fishing vessel shall be given an opportunity to be heard. The decision on the suspension of the fishing licence may be implemented before it is final. The suspension of the fishing licence shall be withdrawn immediately after the reason for the suspension of the suspension.

ARTICLE 30
Vessel's external identification

The external symbols of the vessels are laid down in Commission Regulation (EEC) No 1381/87 laying down special detailed rules for the labelling and documentation of fishing vessels. The vessels shall be marked with characters and a number of marks to be used to identify the port or area where the vessel is registered.

The decree of the Ministry of Agriculture and Forestry provides for more detail on the external identification of the vessel and on the size, place and colour of future markings.

ARTICLE 31
Violation of the fishing fleet register

Every intention or carelessness

(1) fails to fulfil its obligation to register as referred to in Article 7;

(2) fails to transmit to the controller the notification referred to in Article 22 (1) or the changes in the information recorded in the register in the register; or

(3) fails to establish or monitor compliance with the conditions of registration requested by the controller pursuant to Article 15 (1) or Article 22 (2) of the register, or if necessary for the maintenance or maintenance of the register The transmission within a reasonable period of time,

Must be condemned On the violation of the fishing fleet register Fine.

If the offence referred to above is limited in the light of the circumstances, the controller may omit the infringement without informing the investigating authority.

ARTICLE 32
References to criminal law

The offence is punishable under criminal law. (39/1889) Article 16 (7) , data breach Article 8 of Chapter 38 of the Criminal Code And the crime of identity registration Article 9 of Chapter 38 of the Criminal Code -In.

§ 33 (7.8.2011)
Appeals appeal

A decision by the Ministry of Agriculture and Forestry shall not be subject to an appeal. The decision to appeal to the Agency shall be subject to appeal by the administrative court, as in the case of administrative law (18/06/1996) , unless otherwise provided for in any other law.

The decision of the administrative court on the removal of the vessel's register and the suspension and withdrawal of the fishing licence shall be subject to appeal as laid down in the administrative law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

The Business, Environment and Transport Centre shall be entitled to appeal against the decision of the administrative court which annulled or amended its decision.

L to 966/2015 Article 33 shall enter into force on 1 January 2016. The previous wording reads:

§ 33
Appeals appeal

The decision of the controller in accordance with this law shall be brought against the decision of the controller in the same way as the (18/06/1996) Unless otherwise provided for elsewhere in the law.

§ 34
Entry into force

This Act shall enter into force on 1 January 2011.

This law repeals the Act of 8 December 1994 implementing the common fisheries policy of the European Community (1139/1994), As amended by Law 1008/2002.

ARTICLE 35
Transitional provisions

Upon entry into force of this Act, a fishing vessel registered in the fishing fleet register shall automatically be entered in a group of vessels according to Article 6 to which it is based.

Before the entry into force of this Act, registration authorisations granted by the controller and reservation decisions for the register shall be valid for a specified period of time.

Article 10 (1) (1) and Article 15 (2) and (3) shall apply to a vessel registered in a fishing vessel register before the entry into force of this Act, and Article 15 (2) and (3) shall apply after the entry into force of this Act. The owner of the vessel shall, one year after the entry into force of this Act, report on the fulfilment of the conditions laid down in Article 10.

The calculation of the period provided for in Article 17 shall start from the entry into force of this Act.

Within one year of the entry into force of this Act, the vessel owner shall apply for registration of a vessel whose registration was not mandatory upon entry into force of this Act.

Applications for registration not taken before the entry into force of this Act shall be treated in accordance with this law.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 17/2009 , OJ 19/2009, MmVM 7/2010, EV 72/2010

Entry into force and application of amending acts:

27 JUNE 2014/577

This Act shall enter into force on 1 January 2015.

THEY 33/2014 , MmVM 11/2014, EV 66/2014

19 DECEMBER 2014/119:

This Act shall enter into force on 1 January 2015.

THEY 107/2014 , PeVL 28/2014, MmVM 17/2014, EV 170/2014

6.3.2015/199:

This Act shall enter into force on 1 April 2015.

THEY 353/2014 , MmVM 30/2014, EV 301/2014

7 AUGUST 2015/97:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014