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Amendments To The Fisheries Act

Original Language Title: Grozījumi Zvejniecības likumā

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The Saeima has adopted and promulgated the following laws of Valstsprezident: the amendments to the Fisheries Act the Fisheries Act be done (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, no. 11; 1997, no. 22; 1998; 2000, no. 23, 6. No; 2001, 23 no; 2003, 15, 23; 2004, nr. 21. No; 2005, 13 no, no; 2008; Latvian journal, 2009, nr. 196; 2010, no. 105, 205.) the amendments are as follows: 1. Article 1: to make point 7 by the following: ' 7) fishing, vēžošan and underwater hunting-fishing rights laws and regulatory requirements established for the natural person fishing, underwater hunting vēžošan or rights of leisure, sports, or other purposes, or for the generation of cancer fish for their own consumption with the laws laid down tools without the right for fish or crayfish to be marketed, sold or transferred to another persons gain; " Express points 9 and 10 by the following: "9) commercial fishing — fishing rights in the laws regulating the procedure prescribed in the merchant must use the fishing rights in order to produce, market or sell fish for profit, using the fishery control the statutory limit of fishing (commercial fishing gear, the number, type, catch);
10) undifferentiated fishing — fishing rights in the laws regulating the procedures laid down in the specific natural person using the fishing rights in order to produce fish for their own consumption without the right to offer them on the market, sold or transferred to another persons gain using the fishing control the statutory limit of the amount of fishing limit (commercial fishing gear, the number, type, catch); ". 2. in article 2: express the title as follows: "article 2. The law's purpose and scope "; to supplement the article with a new first paragraph as follows: "(1) the objective of this law is the internal waters of the Republic of Latvia, the territorial marine waters (territorial waters) and the economic area water management that, subject to the maintenance of biodiversity, the need to ensure the sustainable use of fish resources, protection, enhancement and research for the national long-term development in the fisheries sector."; consider the current first and second respectively in the second and third; replace the second paragraph, the words "territorial marine waters (territorial waters)" with the words "territorial waters". 3. To make article 3 of the second paragraph by the following: "(2) the management of fish resources, based on their research, expert assessments and scientifically sound recommendations." 4. To make article 4 the third subparagraph by the following: "(3) if the fish are grown and extracted specialized fish farming and artificial reproduction, including artificial propagation of fish to adapt to private Lakes, with fishing rights do not belong to the State, then this fish belongs to the corresponding legal or natural persons." 5. Article 5: make the second paragraph as follows: "(2) records of fish resources, assessment, scientifically based recommendations and inspection by the national fisheries, local government or legal and natural persons carried out the national scientific Institute" of food safety, animal health and Environmental Research Institute "BIOR" (hereinafter called the Institute) or other legal persons that the Statute applies to the following course of action and that the results of the study and evaluate opinions Institute. Requirements for science-based recommendations for content determination of the respective rights of fishing and fish resource management regulatory legislation. "; to supplement the article with a fifth by the following: "(5) for the development of the fisheries resources in the management of public institutions, local governments and non-governmental organisations concerned, to ensure consultation, cooperation opportunities and thus contribute to and improve the Interior of the Republic of Latvia and the marine coastal waters for the sustainable use of resources, creates the internal coastal waters and marine resources sustainable utilization and Management Advisory Council. The Council approved the regulations of the Cabinet of Ministers. " 6. To make article 6 of the seventh paragraph as follows: "(7) fishing, vēžošan and submarine hunting rights be exercised in accordance with article 10 of this law." 7. Article 7: make a quarter as follows: "(4) the municipality, which is located in the administrative territory of the relevant body shall issue binding rules, which lay down the rules of operation, the body of water which is a body of water lease agreement form an integral part, reflect any fishing, fishing, vēžošan, submarine hunting and other economic activities, as well as the environment and the protection of fish resources and reconstruction issues. Fishing rights for fishing and commercial fishing along the private bodies can be rented separately or include a body of water in the lease if the lease provides for the body of water in this type of fishing. Hiring a public River (River stages) and public Lakes, provides fishing opportunities. '; make the second sentence of the sixth paragraph the following wording: "the municipality is entitled to part of the fishing rights lease undifferentiated fishing natural persons whose place of residence or declared that the real property belonging to the municipal administrative territory, subject to the condition that the public waters specified in Section 1 of this annex, fishing can be divided into just a fish trap limit." 8. in article 9: in the first paragraph, replace the word "fishing" with the words "fishing rights"; to complement the eighth with the sentence the following wording: "the Baltic Sea and Gulf of Riga coastal tow bar boat and ship building and repair hibernation, as fishermen and ūdenstūrist cloaks installation is allowed if it does not conflict with the local government planning." replace the thirteenth paragraph, the words "fishing" with the words "fishing rights"; replace the fourteenth paragraph the word "fishing" with the words "fishing rights". 9. Express article 10 by the following: ' article 10. Fishing, vēžošan and submarine Hunt (1) natural person subject to fishing and vēžošan the regulatory requirements, it is entitled in certain fishing or vēžošan rights to use all of the waters of the Republic of Latvia, if any of the said fish or cancer, in the absence of mining is prohibited, except that the Lake is private property and with fishing rights do not belong to the State. (2) a natural person, subject to the submarine Hunt, the regulatory requirements are entitled to it in certain underwater hunting rights to use the Baltic Sea and Gulf of Riga coastal waters, private Lakes, where it is allowed under the third paragraph of this article, the conditions, as well as in such waters where under the fourth and fifth subparagraphs are provided introduces licensed underwater hunting. The Cabinet of Ministers, issued by this law, in article 13, first paragraph, point 3 of these provisions, shall be empowered to determine the other, not mentioned in this article, part of the water, which is allowed in a submarine hunt. (3) an owner who owns a private Lake, where fishing rights are not owned by the State, deployed at the Lake of the private property, and fishing, vēžošan and submarine hunt at appropriate fishing, underwater hunting vēžošan and rules or the fourth paragraph of this article, in the case referred to under vēžošan of the licensed fishing, underwater hunting regulations and may take place only with the owner's permission. (4) If fishing, underwater hunting vēžošan or certain waters or part thereof for valuable species of fish and cancer permanently or temporarily set the volume of extractive mining tools or limit or fish and cancer collection procedure that differs from fishing, underwater hunting vēžošan and the rules of procedure, angling, vēžošan and submarine hunting rights they may be used only with special permits (licenses) pursuant to that body in accordance with the laws and regulations on the licensed fishing, licensed vēžošan and submarine hunt licensed by the licensed fishing, underwater hunting vēžošan or Charter provisions. (5) the municipality shall issue binding regulations on the licensed fishing, licensed or licensed by vēžošan underwater hunting its administrative territory waters, if in accordance with the laws and regulations on the licensed fishing, licensed vēžošan and submarine hunt licensed by these waters for fishing, underwater hunting vēžošan or rights with special permits (licenses). (6) the provisions of this article shall not apply to fish and shrimp production in waters that are only used for specialized farming and artificial propagation of fish, including the artificial propagation of fish adapted to the private Lake where the fishing rights belong to the State. " 10. Article 11: make the fourth paragraph as follows: "(4) for the Republic of Latvia, the total allowable catch in the territorial waters and economic zone waters, as well as other Member States of the European Union waters and in international waters or in waters of third countries with which the EU has concluded fisheries agreements, the European Union law. Total allowable catch levels (quotas) of the Republic of Latvia's territorial waters and economic zone divides the fishing in the waters of the Baltic Sea and Gulf of Riga coastal waters and fishing beyond coastal waters. The Division of the waters, coastal waters and in the waters beyond the coastal waters is determined according to the rules laid down in the regulations of the Cabinet of industrial fishing in the territorial waters and economic zone waters. Of the Republic of Latvia should in total allowable catches for the coastal fishing catch volume broken down into the following: 1) for fishing for sprat in the Baltic Sea, not less than 0.04 percent; 2) for fishing for sprat in the Gulf of Riga — not less than 0.6 percent; 3) salmon fishing — no less than 6 percent; 4) for fishing for cod in the eastern Baltic, not less than 3 percent; 5) herring fishing in the Baltic Sea, not less than 4 percent; 6) herring fishing in the Gulf of Riga, not less than 15 percent. " Express 4.1 part as follows: "(41) total catch limit, limit on catches of some fish species and fishing gear, the number limit of the breakdown of the water bodies of the Republic of Latvia, the internal waters and the procedures established by the Cabinet of Ministers." 4.3 and 4.4 in part to express the following: "(43) the Institute provides scientific basis for providing a total catch limit, catch limits for individual fish species and fishing gear for the determination of the limit of 4.1 of this article provided for in legislative drafting and in the scientific basis of the provision in the common catch limits and gear for the determination of the limits of this article 4.2 regulations provided for in the development of the project."; Add to article 4.4 part as follows: "(44) Institute within its competence prepares every year and up to 15 October shall be submitted to the Ministry of Agriculture the assessment report for the Baltic Sea and Gulf of Riga coastal waters using a certain catch possibilities. If the report shows that the Baltic Sea and Gulf of Riga coastal waters specified catch up to the end of the year will not be fully used, the Ministry of agriculture for the year unused catch divided into fishing beyond coastal waters. " Express 5.2 part as follows: "(52) in the municipality of legal and natural persons leased the fishing rights allocated to the use of fishing gear, the number limit or limit on catches in the Baltic Sea and Gulf of Riga coastal waters and limit the number of fishing gear, as well as catch limits for individual fish species in inland waters of the Republic of Latvia." to make the ninth subparagraph by the following: "(9) the provisions of this article shall not apply to fish and shrimp production in waters that are only used for specialized farming and artificial propagation of fish, including the artificial propagation of fish adapted to the private Lake where the fishing rights belong to the State." 11. Express article 12, the second subparagraph by the following: "(2) in public waters and in the waters in which fishing rights belong to the State, fishing for specific purposes and for the purposes of scientific research to be carried out after the signing of the national environmental service and based on the schedule agreed with the municipality, which is located in the administrative area and the waters of the catchment area, but private waters in which fishing rights do not belong to the State, based on schedule agreed with the owner of the waters. " 12. Article 13: make the first part of paragraph 3 as follows: "3) fishing, underwater hunting vēžošan and rules;" make the second subparagraph of paragraph 4 by the following: "4) rules for licensed fishing, vēžošan and submarine hunt." 13. in article 14: make the first paragraph by the following: "(1) legal and natural persons engaged in commercial fisheries, are obliged to provide information on catches in the order and within the time limits, such a fishing rights lease and commercial fishing regulations. If the legal or natural person holding a third country vessel is registered and the person engaged in fishing or in the commercial companies its property is part (shares), which belongs to third country registered vessel, and this company engaged in fishing, that person, as well as employees, with the fishing activities carried out on a ship registered in a third country, a month after the vessel's fishing activities or the commencement of the employment relationship shall inform the national environment service. "; to make the fourth subparagraph by the following: "(4) the Ministry of agriculture to ensure that this article is the second part and the information system the information collected, as well as national environmental service, Field support services, local and aggregated information on the Institute of fish resources, including fishing, vēžošan and submarine Hunt, iznomātaj and used commercial fishing rights and public bodies, according to the legislation on freedom of information is publicly available from the Ministry of agriculture and its subordinated institutions Web site." 14. in article 15: to express the second subparagraph by the following: "(2) this law, in article 13, first paragraph, point 3 shall be governed by the provisions listed in the order in which the individual uses angling, vēžošan and submarine hunting rights, as well as fishing, underwater hunting vēžošan and tools, their conditions of use, location, and time, where and when the fish and crawfish are forbidden, permissible role in size, the length of the fish and cancer , angler, vēžotāj and submarine Hunter's duties and responsibilities, as well as when and how differences within the administrative territory of the local waters may lay down additional conditions for the extraction of fish and cancer. Special requirements vēžošan and submarine hunting tool for use in certain specified provisions. "; to supplement the article with the third part as follows: "(3) this law, article 13, second subparagraph, point 4 of these rules governing licensed fishing, licensed vēžošan and licensed underwater hunting, the Organizer, the control requirements, procedure for the determination of fees for licences and licence sales resulting from the distribution of funds, as well as the requirements of licensed fishing, licensed or licensed vēžošan underwater hunting regulations and the rules of procedure of the conciliation and approval." 15. in article 16: make the article title and the first paragraph by the following: ' article 16. Fishing rights restrictions on use (1) to ensure the conservation of resources and protection, Ministry of agriculture, based on European Union law requirements as well as scientific or conservation management recommendations, after checking with the protection of the environment and regional development Ministry can determine the fishing, angling, vēžošan and submarine hunting rights regulatory measures for a certain time, to limit or completely suspend the exercise of these rights in certain waters or parts thereof and to propose to the waters and the tow-bar is interrupted the activities that adversely affect the hydrological regime of the waters, polluting waters or cables bar, change the water level in the aquifer or other fish resources of the adverse conditions, as well as fish and shrimp harvesting and maintenance measures regulating the waters or parts, which are made of fishing fish reproduction public procurement needs. " to make the fourth subparagraph by the following: "(4) in all rivers and canals is prohibited, except for the industrial fishing of eels, Lampreys and stickleback fish specialized for specific purposes, fishing and scientific research purposes in accordance with article 12 of this law, as well as fishing with fish traps in the river Daugava (also its reservoirs) and Buļļup, where it is subject to the provisions of the Cabinet of Ministers for industrial fishing in inland waters and the Cabinet of Ministers regulations on commercial fishing limits and use procedures internal waters." 16. the express article 17 the third part as follows: "(3) the industrial fisheries on the specially protected natural areas in the bodies of fish is prohibited, unless, in accordance with article 12 of this law do not need fishing for specific purposes and scientific research purposes. Other bodies of fishing with the fish runs going by their suggestion that the local government administrative body located in the territory, subject to the laws and regulations on the commercial fishing limits and use procedures internal waters. Limit fishing with fish wire detectable as proportional to the share of the total water fishing gear intended for the limit. " 17. Article 19: make the second paragraph as follows: "(2) the national environmental service is entitled, within the framework of its competence to carry out the following operations: 1) be issued a fishing permit (license); 2) compose the administrative records and to impose administrative penalties, including stop fishing authorization (licenses) or withdraw it; 3) remove and confiscate fish obtained in violation of the rules of acquisition; 4) cases to apply European Union law on the common fisheries policy laid down by the penalty point system; 5) request to be reimbursed for losses suffered by fish resources; 6) fisheries monitoring centre to monitor the Latvian fishing vessels operation; 7) to perform any other actions in accordance with European Union law, fishing and commercial fishing rules. "; to make a fifth by the following: "(5) the national environmental service officer is entitled to destroy illegal forbidden used fishing gear and funds and illegal fishing untagged used networks, but the municipality authorized persons if they are not public environmental inspectors are empowered to do the municipal administrative territory."; off the seventh; Supplement to the eighth article as follows: "(8) the cabinet shall determine any fishing licence holders and fishing captains are applicable European Union legislation on the common fisheries policy in a specific penalty point system." 18. Article 21: replace the second paragraph, the words "approved reproduction of fish resources in the national program" with the words "approved artificial reproduction of fish resources guidelines"; make the third paragraph as follows: "(3) in article 4 of this law, the third subparagraph shall not apply where, in implementing capacity-building activities of the fish, the fish is neglected in natural bodies of water, except for artificial propagation of fish adapt to the private Lake where fishing rights are not owned by the State and which are used according to the regulations on the procedures and getting into an accountable bodies in natural resources of fish for the restocking fish fry as well as the requirements for artificial propagation of fish adapted to the private Lake. " 19. the express article 22, third paragraph as follows: "(3) the cabinet shall determine the procedures and getting into an accountable bodies in natural resources of fish for the restocking fish fry, as well as the requirements for artificial propagation of fish adapted to the private Lake." 20. Make article 23 by the following: ' article 23. Permission for the cultivation of fish and aquatic plants for the cultivation of Specialized fish breeding and cultivation of aquatic plants in the waters of the Republic of Latvia (regardless of the type of property) requires the municipal permit, which is matched by the Institute and the environmental protection administration, but the waters contained in the Act, regulations on risk ūdensobjekt, also with the national environmental service. Reconciliation with nature protection management is not necessary if the fish farming and the cultivation of aquatic plants designed especially for this purpose created artificial bodies. " 21. the express article 25, second and third subparagraph by the following: "(2) article 13 of this law the second part governing the fees for fishing rights and benefits, rental of fishing rights or fishing permits (license) auction procedure, as well as the order in which the renter paid into the State budget funds of the total amount charged for the leasing of industrial fishing rights or the auction or commercial fishing rights and fishing rights , and the order in which the municipality provides an overview of the cash tax deductions. (3) the provisions of this article shall not apply if the waters are only used for specialized farming and artificial propagation of fish, including the artificial propagation of fish adapted to the private Lake where the fishing rights belong to the State. " 22. the express article 26, first paragraph as follows: "(1) the legal and natural persons who committed this Act or angling, vēžošan, underwater fishing, hunting or industrial regulatory laws, contributed to or been able to inflict damages to the fish resources, are responsible in accordance with the applicable laws and regulations." 23. the transitional provisions be supplemented by 22, 23, 24, 25 and 26 as follows: "Cabinet of Ministers 22 to 31 March 2015 succeeds: 1) of article 5 of this law in the fifth subparagraph, these provisions; 2) this law, in article 13, first paragraph, point 3 and point 4 of the second paragraph of those provisions, to ensure that the term "recreational fishing" replace the term "fishing, vēžošan and submarine hunt"; 3) article 19 of this law in the eighth part of these provisions; 4) article 22 of this law as provided for in the third subparagraph. To their entry into force, but not longer than until 31 March 2015 is in effect a Cabinet of 22 April 2004 the Regulation No 381 "procedures and getting into an accountable bodies in natural resources of fish for the restocking fish fry". Amendment 23 article 7 of this law, the sixth part of the second sentence (which States that hire private fishing rights to fish in public waters specified in annex 1 of the civil code, the municipality is entitled to allocate only pot limit) applicable from 1 January 2015. 24. in the light of the conditions of the ice bodies in 2015, but not later than by 2015 April 15, undifferentiated Section 1 of the annex for fishing in the waters of the public authorities determine the fish pot limit in 2015 can be replaced with the network usage limit Cabinet 30 November 2009. Regulations No. 1374 "rules for commercial fishing limits and usage procedures the internal waters" specified proportion. In this case, the commercial fishing rights lease agreements recorded in the year 2015 and the fishing licence issued to make entry for permission to replace the gear. 25. Article 11 of this law 4.1, 4.3 and 5.2 of the new version of the part (of the catch limit of detection of the individual fish species in inland waters) shall enter into force on January 1, 2015. 26. The Cabinet of Ministers regulations on commercial fishing limits and usage procedures provide that the internal waters from 2015 16 April Buļļup fishing with fish traps are allowed, with a maximum of six pots, including four pots with back up to 30 metres in length and two pots with a back length of over 30 metres in length. " The Parliament adopted the law on 29 may 2014. The President of the Parliament instead of the President's Āboltiņ in Riga 2014 on June 12.