Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
Vu le environmental codeincluding articles L. 434-6, R. 434-42 and R. 434-43;
Having regard to the law of 1 July 1901 concerning the contract of association;
Having regard to the law of 1 June 1924 bringing into force French civil law in the departments of Upper Rhine, Lower Rhine and Moselle;
Considering the opinion of the National Committee for the Professional Freshwater Fishing of 4 March 2015,
Stop it!
Associations wishing to obtain the approval provided for in Article R. 434-43 of the Environmental Code must meet the conditions set out in the following articles.
Accreditation can only be granted to associations:
1° Constituted in accordance with the provisions of Article R. 434-42 of the Environmental Code;
2° Having exclusively for social purposes the development and management of fish, the protection of fish and aquatic heritage, the development of professional fishing, the supervision of fishing rights to machinery and nets held by their members in a professional capacity and the collection of the fee for protection of aquatic environment provided for in Article L. 213-10-12 of the same code;
3° Including the departmental or interdepartmental territorial jurisdiction does not cover in whole or in part that of another registered association of professional freshwater fishermen;
4° Consolidating in their territorial jurisdiction the holders of a fishing right and for each of them, if any, the partner(s) associated with the exploitation of the fishing right, expressly authorized for that purpose and declared to the departmental management of the territories.
The application package, signed by the office members, must include:
1° The copy of the receipt of the declaration of the association to the prefecture of the department of the head office and the date of the legal publication in the Official Gazette, or for the associations of the departments of the Haut-Rhin, the Bas-Rhin and the Moselle, the copy of the receipt of registration in the register of associations of the court of proceedings of the headquarters of the association;
2° The rationale for fishing rights held by its members and the list of the departments concerned, as well as for the departments that the association plans to cover;
3° The indication of the number of its members (fishing rights holders and their companions) as well as the number of employees of its members, the amount of the annual contribution due by its members, the list of members of the board of directors and, where applicable, the number and composition of the sections of the association;
4° A copy of the statutes of the association which must be in conformity with the Model Regulations annexed to this Order;
5° The descriptive and estimated statement of social assets on the date of application for approval.
The application for approval file is sent to the prefect of the department of the head office, departmental direction of the territories, who forwards it to the minister responsible for freshwater fishing accompanied by his opinion.
Where one of the conditions for the approval of the association provided for in this Order is no longer fulfilled or where one of the statutory clauses required is no longer complied with, the registration of the association may be withdrawn under the conditions laid down in Article R. 434-42 of the Environmental Code.
The approvals granted to associations of professional freshwater fishermen prior to the publication of this Order shall remain valid, provided that they bring their statutes in accordance with the Model Regulations annexed hereto within twelve months of the publication of this Order.
The amended decision of 13 December 1985 setting the conditions for the accreditation of departmental or interdepartmental associations of professional freshwater fishermen is repealed.
The Director of Water and Biodiversity and the prefects of departments are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Annex
STATUTS TYPES OF PROFESSIONAL WORLD ASSOCIATIONS
Constitution
Article 1
Pursuant to articles 5 and 6 of the Act of 1 July 1901 and L. 434-6 and R. 434-42 of the environmental code, it is constituted between all members of the present statutes a registered association of professional fishermen, who takes:
- for title: Registered Association of Professional Freshwater Fishermen .......................................
- for acronym: AAPPED;
declared the ....................................... ... ;
at the prefecture of .............................. ;
under the n° ...... ;
Official Journal of ......... ;
which has fixed its seat to ..................... ... ;
covering the following departments:
or for the associations of the departments of the Haut-Rhin, Bas-Rhin and Moselle: in accordance with Articles 21 to 79 of the Civil Code maintained in the departments of Upper Rhine, Lower Rhine of Moselle by the law of 1 June 1924 and articles L. 434-6 and R. 434-42 of the environmental code, it is constituted between all members of the present statutes a registered association of professional fishermen who take:
- for title: Registered Association of Professional Freshwater Fishermen of ..................
- for acronym: AAPPED;
entered the .................. ;
in the register of associations of the ........................ ... ;
which has fixed its seat to ........................... ;
covering the following departments or departments
Duration and object
Article 2
In the following articles, this association is referred to as the "association" and the National Committee of Professional Freshwater Fishing is referred to as the "National Committee".
Article 3
The duration of the association is unlimited.
Article 4
The purpose of the association is to protect, develop and monitor the fishfield of its territorial jurisdiction, develop professional fishing, and collect royalties and contributions.
To this end it is charged:
(1) To consolidate all professional freshwater fishermen (fishing rights holders and their companions) who exercise full-time or part-time in their territorial jurisdiction;
(2) To contribute, with respect to it, to the monitoring of the fishery and to participate actively in the sustainable management of fish resources, including the fight against poaching, the control of the commercialization of freshwater fish, the contribution to the fight against any alteration of water and aquatic environments, the pollution of water and the destruction of areas essential to the life of fish and the maintenance of biodiversity
(3) To participate in the development and implementation of the various tools for the management of fish resources within its territorial jurisdiction, including measures for technical interventions for the protection, improvement and balanced exploitation of fish resources;
4) To carry out, subject to the necessary authorizations, any coordinated work and interventions for the development of fish, such as fish inventories, the establishment of reserves, the development of spawning, the retrieval operations, the establishment of fish passes, and more generally, any realization necessary for the fulfilment of the purpose it has established;
5) To ensure the collection by its members and the annual payment, on the one hand, of the proceeds of the Aquatic Environment Protection Charge provided for in theArticle L. 213-10-12 of the Environmental Code and, on the other hand, the proceeds of the statutory contribution to the National Committee;
6) To contribute, with interested administrations, to the organization of the fishing exercise, and to the knowledge of fishing practice, including by gathering data on catch and fishery resources;
7) Conduct information and education activities in the protection of aquatic environments and fishery heritage.
Article 5
The association must verify at all times that its members actually hold fishing rights.
Article 6
The association must:
(1) Perceive, on the one hand, the fee for the protection of the aquatic environment to be paid annually to the designated public institution and, on the other hand, the national statutory contribution to be paid to the National Committee, to its members, both holders of a fishing right and their companions, with the exception of those who have already paid it to another association;
(2) Perceiving the statutory contribution to the association;
(3) Accept any membership of professional freshwater fishermen who hold a right of fishing in the territorial jurisdiction of the association and, where applicable, of its or its companions;
4) Establish and maintain the list of its members.
Access
Article 7
The amount of statutory contributions is set annually and in advance by the Board of Directors and subject to approval by the General Assembly. Contributions are due for the calendar year and are due on January 1. In the event of a new membership, the membership fee is paid by the day of the membership. The contribution must be the same for all, with the exception of companions to whom a contribution may be made in a reduced amount.
Article 8
Membership in the association as a member is subject to the following conditions:
- be, as a professional, a holder of a freshwater fishing right and pledge to devote to this activity at least 600 hours per year, either a companion and to meet the conditions set out in thearticle R. 434-40 of the Environmental Codein the territorial jurisdiction of the association;
- pay the annual statutory contribution to the association;
- pay the annual fee for the protection of the aquatic environment, except for those who have already paid it in another registered association of professional freshwater fishermen;
- comply with reporting obligations, including those provided for in thearticle R. 434-40 of the Environmental Code ;
- comply with the statutes and rules of procedure of the association;
- comply with legislative and regulatory requirements for the exercise of professional freshwater fishing.
The association gives each of its members a personalized fishing card with a photograph, the name, address and signature of the holder in a removable manner, as well as the stamps affixing to its fees attesting to the payment of its dues and royalties.
Administration
Article 9
The association is managed by a board of directors whose number of members cannot be less than three or more than fifteen elected members, with secret ballots, at a general meeting held for that purpose and under the supervision of the prefect of the department of the head office, during the month of February, second month following the expiration date of the fishing leases granted by the State on the public domain. The elected administrators are the candidates with the most votes. In the event of equality of votes, a lot is drawn.
A supplementary election is made when the number of vacant Professional posts has increased to three before the last six months of the expiration of the term. The term of office of the new directors so elected shall also expire on the expiry of Article 11.
Article 10
The Board of Directors meets at least once a year on the convocation of its President. Decisions shall be taken by a majority of the votes of the members of the Council present or represented, a member of the Council who may not have more than two powers in addition to his or her voice. In the event of a vote-sharing, the President's voice is preponderant.
The effective presence or representation of at least half of Council members is necessary for the validation of Council deliberations. If the quorum is not reached, the council shall be convened with the same agenda within fifteen days. At this second meeting, the board shall deliberate in any number of members of the board present or represented.
The President may, in an advisory capacity, join any qualified person.
Can be deemed to resign any administrator having three consecutive unjustified absences.
The Board of Directors has to know and address all matters relevant to the administration of the association. It sets out the budget and sets the amount of statutory contributions. The members of the board of directors are in solidarity with the execution of their mandate.
Article 11
Unless a new foundation or failure to hold fishing rights, the term of office of directors begins on 1 March, the beginning of the third month of the enjoyment of the State's fishing leases on the public domain, and ends at the end of February, the second month following the expiration of the same leases.
Article 12
The board of directors shall elect a office composed of at least one president, a treasurer and a secretary. The election of the president and that of the treasurer are subject to the approval of the prefect of the department of the headquarters of the association.
The term of office members expires at the same time as that of the board of directors. The withdrawal of approval from the president or treasurer causes a new election of the entire office by the board of directors.
The members of the office are in solidarity with the execution of their mandate.
The association cannot perform trade acts with office members and their family.
However, the association may make a financial contribution for the benefits performed by the members of the office and their family, on behalf of the association, within the limits of its object, subject to validation by its board of directors and information at its general assembly.
In the interval of meetings of the board of directors, the office is responsible for resolving current affairs.
Office member functions are in principle free of charge. However, they may be subject to monthly allowances and reimbursement of fees allocated by the Board of Directors.
Article 13
The president may not occupy a similar function in another registered fishing association or be in charge of the fishing police in the territorial jurisdiction of the association.
For the performance of the decisions taken by the board of directors and the office and for the fulfilment of the legal obligations imposed on the association, the president has the most extensive powers to report his actions to the board of directors and to the office. He may give delegation of signature to a member of the office for all or part of his or her powers.
He represents the association with the directors, makes all the necessary steps, chairs the meetings of the General Assembly, the board and the office, signs the accounting records, represents the association in all acts of civil life.
The president represents the association for any legal action brought in relation to the object and missions of the association, with the agreement of the board of directors.
Article 14
The treasurer receives the proceeds of various contributions and revenues and manages the social assets in accordance with the forms prescribed by the board of directors.
In accordance with the accounting plan applicable to associations, it maintains an accounting for the resources belonging to the association that, apart from a normal working capital, are deposited in a banking institution, at the discretion of the office. Fund withdrawals from this account can only be made after the President's visa.
The resources of the association consist of statutory contributions and grants, loans and any other resources authorized by law. These resources can only be allocated to the realization of the social object.
It maintains a separate accounting for amounts collected under the Aquatic Environment Protection Charge that may be deposited on a separate bank account. The withdrawal of funds from this account can only be effected on the joint signature of the President and the Treasurer.
He must present these accounts, on the one hand, to the examination of one or more auditors to the accounts designated by the General Assembly within him and, on the other, to the control of the prefect of the department of the head office of the association.
The auditor(s) must submit a written report to the ordinary general meeting to be held on the accounts.
Article 15
The Secretary, in accordance with the President, shall ensure correspondence, summons to meetings, prepare the reports of the meetings and perform all other work entrusted to him.
Article 16
The ordinary general assembly takes place every year. The convocation and agenda of the meeting shall be sent to each member at least fifteen days in advance.
Its decisions are made by a majority of the votes of the members of the assembly present or represented, a member who cannot have more than two powers in addition to his or her voice.
In the event of a vote-sharing, the President's voice is preponderant.
The actual presence or representation of at least half of the members of the assembly is necessary for the validation of the deliberations of the assembly. If the quorum is not reached, the General Assembly shall be convened with the same agenda within fifteen days. At this second meeting, the Assembly deliberates validly regardless of the number of members present or represented.
The agenda of the meeting is mandatory:
1° The report of the President, the Bureau and the Board of Directors during the past year;
2° Approval or reorganization of accounts as at 31 December, accompanied by the written report of the auditor(s) to the accounts;
3° Review of the activity report, including:
- the number of members of the association (holders of a right of fishing and their companions) and their names and the number of their employees;
- the consistency of fishing rights held by the members of the association and the modifications made to the previous year;
- actions taken and actions taken in the context of missions and obligations defined in Article 4 of these statutes.
4° The adoption or amendment of the budget and program of activities decided by the Board of Directors for the following year.
Each year, these final documents are required to be forwarded to the prefect of the head office in three copies.
Proposals to be submitted to the General Assembly must be addressed to the Chair at least one month before the date of the proposal.
Article 17
Extraordinary general assemblies may be convened as necessary by the President or upon request of at least two thirds of the members.
Article 18
The rules of procedure may, if any, define the number and composition of the sections of the association and their functioning in accordance with the provisions of these statutes.
Article 19
The dissolution of the association can be pronounced by a specially convened special general assembly and by a vote of two thirds of the members. The state-funded real estate is returned, subject to its acceptance, to the National Committee by decision of the Minister for Freshwater Fishing.
The social assets are paid to one or more registered associations of professional fishermen by decision of the Minister for Freshwater Fishing.
Rule 20
The waiver of the approval that takes effect only on January 1 of the following year may only be decided by the General Assembly according to the voting conditions defined in Article 19.
In the event of renunciation of the accreditation or withdrawal of approval of an association, the property assets subsidized by the State shall, subject to its acceptance, be returned to the National Committee by decision of the Minister for Freshwater Fisheries.
Article 21
The association is not responsible for the offences committed by its members or for the accidents they might be the perpetrators or victims, nor for their monetary consequences. However, the association may enter into civil liability insurance for damages committed by one of its members to a riparian property of the fishing lot on which it operates.
Article 22
In accordance withArticle L. 437-18 of the Environmental Codethe registered association of professional fishermen may exercise the rights recognized to the civil party in breaches of the provisions of the fishing police and in direct or indirect harm to the collective interests it has to defend.
More generally, the association may form a civil party or initiate proceedings before the courts of judicial or administrative order.
Article 23
On the proposal of the Bureau, a rules of procedure specifying as necessary and in accordance with these provisions the rules of operation and obligations of the members of the association shall be approved by the General Assembly.
Article 24
These statutes must be approved by the Minister for Freshwater Fisheries. Any modification of these statutes or the territorial jurisdiction of the association must be submitted within three months to ministerial approval. The files are, for this purpose, filed with the prefect of the department of headquarters.
These statutes shall enter into force on
The President
The treasurer
Secretary
Done on March 30, 2015.
For the Minister and by delegation:
The Director of Water and Biodiversity,
L. Roy
