The Procedure In Question Is A Special Permission (License) Commercial Fisheries

Original Language Title: Kārtība, kādā izsniedzamas speciālās atļaujas (licences) komercdarbībai zvejniecībā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/99659

 
Cabinet of Ministers Regulations No. 39 in Riga on 11 January 2005 (pr. 3. § 39) served in the special authorization (license) commercial fishing issued under the Fisheries Act, article 7 and the second paragraph of the law "On tax and duty" 10. the second paragraph of article i. General questions 1. determines: 1.1. procedures in Latvia registered merchants, as well as individual businesses, fishermen and farms and cooperatives (hereinafter the applicant) is given special permission (license) commercial fisheries (hereinafter permit (license)) If they claim to fish: 1.1.1. international and other countries ' waters outside the Baltic Sea; 1.1.2. The Baltic Sea and the Gulf of Riga behind coastal waters; 1.1.3. The Baltic Sea and Gulf of Riga coastal waters;
1.1.4. the internal waters; 1.2. State fee rates and payment arrangements.
2. For the purpose of commercial fishing, which is associated with the collection and pretreatment of fish on board a fishing vessel or small vessels, as well as the supply of fish caught for further processing, for marketing or appropriate permission (license) issued by: 2.1. national fisheries authority (hereinafter fisheries authority) under the fisheries business license Commission (hereinafter referred to as the Licensing Commission) decisions: this rule 1.1.1., 1.1.2, and 1.1.3. in the cases referred to in (a); 2.2. the Municipal Council (the Council), in accordance with the hearing or issue the created session, the Commission adopted decision? 1.1.4 these terms. in the cases referred to.
3. For the purpose of commercial fisheries in each of these rules the case referred to in paragraph 1 requires a separate permission (license), and the recipient does not have the right permission (license) is transferable.
4. The rules referred to in paragraph 2 of the Licensing Commission or local Government Council (Council) decision (also local Government Council (the Council) established for the issue, the Commission decision) is arguably and appealable administrative procedure law.
II. the establishment of the basic principles of licensing 5. Licensing Commission established by order of the Minister of agriculture. The Licensing Commission includes the following organizations and institutions: 5.1 authorized fisheries authority (four representatives? including Commission Chairman and Vice-Chairman); 5.2. the national agency "Latvian fish resource agency" (one representative); 5.3. National Environment Services (one representative); 5.4. The Ministry of the environment (one representative); 5.5. the municipalities (one representative); 5.6. the Federation of fishermen (one representative); 5.7. The Latvian Zivsaimniek Association (one representative); 5.8. the Zivrūpniek Union (one representative).
6. Licensing of the Commission headed by its Chairman, in his absence, the Deputy Chairman. 7. Licensing Commission meeting on fisheries management approved responsible Secretary. 8. If a member violates the licensing powers of the Commission or of the unlawful act, the Minister of agriculture with the order released it from the Licensing Commission of duties of members. 9. the work of the technical Commission of licensing for serving and permission (license) draws up the fisheries authority.
III. Authorization (license) documents to be submitted for obtaining 10. Applicant who wants to get permission (license) shall be submitted to the Fisheries Department (licensing to responsible Secretary of the Commission) or municipality concerned: 10.1 Licensing Commission or the relevant application addressed to local authorities (annex 1); 10.2. Register of companies issuing the registration certificate (copy); 10.3. the previous year's balance sheet and profit and loss statement (copy) or annual income statement (copy) and a document showing income from economic activity (copy); 10.4. the fishing vessel sailing ability certificate (copy) to obtain permission (license) to catch this rule 1.1.1., 1.1.2, and 1.1.3. waters referred or undersized vessels registration certificate (copy) to obtain permission (license) to fish in these rules referred to in point 1.1.4 waters; 10.5. the fishing vessel or vessels of small lease agreement (copy), if intended for use for fishing vessels rented or small vessel; 10.6. information on planned fishing, fisheries or fishing areas and fishing tools; 10.7. prior period in commercial fishing rights lease agreement (copy) and the annual lease agreement protocol (copy) to obtain permission (license) to fish in the Baltic Sea and Gulf of Riga coastal waters.
IV. Licensing Commission 11. Applicant's submission and other rules in this paragraph 10 documents on Licensing Commission, the responsible Secretary shall record in a log provided for that purpose, subject to the following conditions: 11.1. the application is checked for a given document; 11.2. the last date of registration of the document submitted is considered the date of submission of all documents; 11.3. the documents submitted, the applicant shall present copies of their originals.
12. Licensing the applicant's submission, the Commission shall examine within 30 calendar days from the date of submission of the document. If there are objective reasons for the additional documents submitted for verification, this period may be extended by 30 days, the applicant informed accordingly. 13. Licensing Commission meetings are convened as necessary depending on the application the applicant or the amount of hearing deadlines.

14. Licensing Commission be convened by the President of the Commission, but in his absence, the Deputy Chairman. 15. To the Licensing Commission, which addressed the question of the granting of a permit (license) for a particular applicant, licensing the President of the Commission, if necessary, invite the applicant or his representative. 16. the Licensing Commission meetings are recorded. The minutes shall be signed by the Chairman of the Commission on licensing and the responsible Secretary. The Licensing Commission working materials stored in the fisheries sector. 17. the Licensing Commission is empowered to take decisions, if the hearing is participating in two-thirds of the Licensing Commission members. 18. Licensing, the Commission takes decisions by a simple majority. If votes divide like, decisive is the voice of the President of the Commission. 19. the Licensing Commission is entitled to adopt a decision about: 19.1 permission (license); 19.2. permission (license) extension; 19.3. the renewal of the authorization (license); 19.4. refusal to issue a permit (license); 19.5. the issued permissions (licenses).
20. If a decision on the issue of a permit (license), the fisheries administration within five working days of the issue of a permit (license) (annex 2). 21. the Issued permissions (licenses) are numbered. Permission (license) number, the first two characters are the letters representing the waters in question, which allowed to perform commercial activities in fisheries: 21.1. HP — and other international waters outside the Baltic Sea; 21.2. The KICS — in the Baltic Sea and the Gulf of Riga behind coastal waters; 21.3. the ZK-the Baltic Sea and Gulf of Riga coastal waters.
22. Authorization (license) sign a licensing Commission Chairman or his Deputy. 23. the permits Issued (license) is registered, numbered and stamped cauršūt in the log.
V. permission (license) the procedure for the issue of commercial fishing in the inland waters of the applicant's submissions and 24 other this provision 10. documents referred to the municipality for this purpose are recorded in the journal, subject to the following conditions: 24.1. when the application is checked for a given document; 24.2. the last date of registration of the document submitted is considered the date of submission of all documents; 24.3. the copies of the documents submitted, the applicant shall present the originals.
25. The Municipal Council (the Council) or in the form of licences, the Commission examined the applicant's application to the local Government Council (the Council) or issue, the meeting of the Commission, but not later than one month from the date of submission of all documents. 26. the Municipal Council (the Council), or they create the issue, the Commission, which addressed the question of the granting of a permit (license) for a particular applicant, local Government Council (the Council), the Chairman or the Chairman of the Commission licences, if necessary, invite the applicant or his representative. 27. the Municipal Council (the Council) or in the form of licences, the Commission is entitled to adopt a decision about: 27.1. permission (license); 27.2. permission (license) extension; 27.3. permission (license) of the renewal; 27.4. refusal to issue a permit (license); 27.5. permit issued (license).
28. If a decision on the issue of a permit (license), the municipality has five working days, issue the permission (license) (annex 3). 29. the permission (license) sign a local municipal Council (the Council), or they create the issue, the President of the Commission. 30. the municipality of commercial fishing in the inland waters permits (licences) every six months, but not later than July 1 and January 2, inform the fisheries administration.
Vi. Permission (license), extension, renewal and cancellation 31. Permission (license) is assigned and issued for a period of between one and five years. 32. Permission (license) validity period for fishing this rule 1.1.1., 1.1.2, and 1.1.3. waters referred to shall be determined taking into account the fishing vessel sailing ability, the period of validity of the certificate, except that rule 33 and 34 cases referred to. 33. Authorization (license) the maximum validity period (five years), the evaluation of the following criteria: 33.1. allocated fishing limit of exploitation prior authorization (license); 33.2. The national environmental guard found fishing regulations; 33.3. the documents submitted indicate loss of economic activity in previous years.
34. the permit (licence) issued for one year, if the applicant: 34.1. intends to fish in international waters and other waters outside the Baltic Sea or Baltic Sea, or the Gulf of Riga behind coastal waters by fishing vessels rented; 21.3. the previous permission (license) to the period of one year has twice violated the law in certain fishing rules.
35. After the permission (license) the expiry date of the permit (licence) may be extended for a period of up to five years. Application for permission (license) extension shall be submitted at least two months before the previous permissions (licenses) expire. 36. in order to make a decision on authorization (license) the extension of the term of validity, the Licensing Commission or that the municipality is entitled to request the applicant to re-submit some of these provisions in chapter III of these documents. 37. If permission (license) is lost, the fisheries authority or a municipality for authorization (license) holder's receipt of a written request for permission (license) issued a duplicate. If an applicant changes the name or legal status, a permit (license) to re-register. 38. Permission (license) is cancelled if the applicant permission (license) to the period of one year is three or more times, violated the laws and regulations in certain fishing or commercial fishing stopped. 39. If permission (license) is withdrawn, the applicant granted it in accordance with the procedure laid down in these provisions.
VII. Authorization (license) issued the refusal 41. Licensing Commission is entitled to refuse the applicant a permit (license) issued in the following cases:

24.9. the documentation provided is inaccurate or incorrect, and the applicant of the Commission meeting of licensing may not provide adequate explanation of its contents; 40.2. the applicant has tax arrears; 40.3. the fishing vessel (vessel), a new vessel construction or alteration of a ship other than a fishing vessel is not matched by the fisheries administration; 40.4. applicants not previously licensed for fishing in the Baltic Sea and the Gulf of Riga behind coastal areas not available in at least the following fishing limits that ensure commercial fisheries: 40.4.1.70 tons of cod or 640 tons of herring and sprat? trawl fishing vessels with engine power 220 kilowatts (kW) and higher; 40.4.2.240 tonnes of herring, sprat? trawl fishing vessels with engine power from 110 to 220 kilowatt (kW); 40.4.3.4200 piece of salmon or 50 tonnes of cod-fishing network ships with engine power from 110 to 220 kilowatt (kW); 25.2. the tenderer prior permission (license) to the period of one year or more three times violated the law in certain fishing rules.
41. in determining total fishing limits for various fish species, in accordance with the provisions of section 40.4. the conversion ratio is used, in which the 1 tonne of cod is to be equated with 8.7 tons of herring or herring or salmon 82 pieces. 42. The Municipal Council (the Council) or in the form of licences, the Commission is entitled to refuse permission (license) to the applicant in such cases: 42.1. the documentation provided is inaccurate or incorrect, and the applicant at the hearing, the municipality can not give the explanation of their contents; 26.2. the applicant has tax arrears; 26.3. the municipality is not available for free fishing limits; 26.3. the tenderer prior permission (license) to the period of the year three times or more times violated the law in certain fishing rules.
VIII. State fee for a permit (license) 43. According to this provision the waters referred to in paragraph 1 are the following duty rates for permission (license) received: 43.1. international and other countries ' waters outside the Baltic Sea — 50 lats; 43.2. The Baltic Sea and the Gulf of Riga behind coastal waters — 25 lats; 43.3. The Baltic Sea and Gulf of Riga coastal waters — 10 lats; 43.4. inland waters-5 lats.
44. For permission (license) of the renewal applicant pay a stamp duty of 10 percent from this provision provided for in paragraph 43 of the State fee rate. 45. Permission (license) the recipient shall pay the State fee before receiving the permission (license). 46. State fee for permission (license) to catch this rule 1.1.1., 1.1.2, and 1.1.3. waters referred to including the general public. 47. State fee for permission (license) to fish in these rules referred to in point 1.1.4 waters including the same-the Government's budget.
IX. Closing questions 48 to this provision to the date of entry into force of the special permissions (licenses) to carry out fishery business is in effect until the special permission (license) the deadlines laid down. 49. Chapter VIII of these rules shall enter into force by 1 September 2005.
Prime Minister a. Halloween Minister of Agriculture m. Roze Editorial Note: rules shall enter into force on 19 January 2005.
 
1. the annex to Cabinet of Ministers of 11 January 2005, the provisions of no. 39 Minister of Agriculture m. Roze annex 2 of the Cabinet of Ministers of 11 January 2005, the provisions of no. 39 Minister of Agriculture m. Roze annex 3 of the Cabinet of Ministers of 11 January 2005, the provisions of no. 39 Minister of Agriculture m. rose