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Licensed Commercial Fishing Arrangements

Original Language Title: Licencētās rūpnieciskās zvejas kārtība

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The Republic of Latvia Cabinet of Ministers Regulations No. 359 in Riga august 7, 2001 (pr. No 37, § 22) licensed commercial fishing order issued under the Fisheries Act, article 13, second paragraph, point 3 i. General questions 1. determines the order in which to grow, and organize controlled licensed industrial fishing (hereinafter referred to as a licensed fishing).
2. Subject to the provisions of the Republic of Latvia, the territorial waters and economic zone waters (sea water) and internal waters, including leased and private waters, except in the waters, which are only used for specialized farming and artificial propagation of fish.
3. The licensed fishing can be introduced throughout the aquifer they share, as well as in the sea, if: 3.1 not used appropriate commercial fishing gear, including the annual catches or limits (hereinafter referred to as the fishing limit) or they are used only partially or a small part of the fishing season;
3.2. the demand for commercial fishing rights leases is considerably larger than the allowable limit of fishing, and of the total annual limit is specific to the fishing limit for licensed fishing.
4. The licensed fishing organized by: 4.1 the Ministry of agriculture in the national fisheries authority (hereinafter fisheries authority): the sea behind the coastal waters (coastal waters, territorial waters of the Republic of Latvia to the part located no farther than two nautical miles from the coast and at a depth of not more than 20 m), as well as those public waters (including marine coastal waters) and other waters where fishing rights are owned by the Government, if they are located in the administrative territory of the local government which have not concluded an agreement with fisheries management protocol for the management of fish resources;
4.2. the municipality, which has concluded with the fisheries management agreement for the management of fish resources, — public waters (including marine coastal waters) and other waters in which fishing rights belong to the State;
4.3. the private owner of the waters — private waters where fishing rights are not owned by the State.
5. Licensed to fish each fisherman is required of licensed fishing permit (licence) issued by the environmental protection and the Ministry of regional development regional environmental administration (hereinafter regional environmental administration) or the protection of the environment and Ministry of regional development in the management of the marine environment (Marine administration).
6. The licensed fishing gear to be used should not exceed the limit for the waters for an annual limit on fishing gear. The introduction of the licensed fishing may not restrict fishing in those bodies of water bodies in accordance with the rental agreement or operating regulations are intended to be used primarily for fishing.
7. Licensed to fish in accordance with the provisions of section 3.1 may be intended only for the year the fishing limit that is not requested and used in accordance with the fishing commercial fishing rights leases.
II. obligations of the organizer of the licensed fishing 8. organizer of the licensed fishing has the following responsibilities: 8.1. environmental management of regional marine environmental management or reconcile the log form and register at the fishermen, including: 8.1.1. natural persons — personal code;
8.1.2. legal person-taxpayer registration number;
8.2. each month to provide accounting and catches up to the sixth month following the date you submit data to the regional environmental governance or management of the marine environment;
8.3. to ensure that the licensed fishing gears used are marked by regional environmental governance or management of the marine environment of the harmonized model;
8.4. the monitor to be used in the licensed fishing laws and only the registered floating;
8.5. to ensure this provision provided for in point 15 money transfer the fish Fund;
8.6. to compose each quarter and the following month the tenth date to submit a report on the fisheries administration of the licensed industrial fishing (annex), indicating the issuing fishing permit (license), as well as the type of ieņemto features, except when the organizer has licensed fishing fisheries authority.
III. Harmonisation of the licensed fishing and launching 9. before startup of the licensed fishing inland waters or coastal waters of licensed fishing Organizer it is aligned with the relevant authorities, fisheries administration and the protection of the environment and regional development Ministry. If the organizer has licensed fishery authorities authorised natural or legal person, in addition to the presentation of a contract with the local authority, but, if the organizer of the licensed fishing is the relevant local authority or fisheries management, reconciliation with the Organizer is not necessary.
10. The licensed fishing beyond the littoral waters fisheries authority shall coordinate with the protection of the environment and regional development Ministry.
11. for paragraph 9 of these regulations provides for the reconciliation, the organizer of the licensed fishing lodge on the corresponding organ of the application that contains the following information about the licensed fishing: 11.1. water location (State, province, County, City);
11.2. the legal status of the waters (public or private, as well as indicate if the waters are leased);
11.3. the fishing rights of ownership (public or private, as well as indicate if a part is leased fishing rights);
11.4. the data on the ownership of the licensed fishing (the name of the legal person or physical person's first name, last name, and address, phone);
11.5. the particular licensed fishing territory;
11.6. the licensed fishing time (year, season, month, week, day, hour);
7.3. gear limit (number and characteristics) and the conditions for their use;
11.8. the requirements of environmental protection, the local government decisions and the safety rules to be followed for the fishermen;
7.4. fishing authorization (licenses), the period of use (day, several days, week, month, season) and the conditions for their use;
11.10. fishing authorization (license), including a fishing permit (license) for a reduced charge;
11.11. the fee for all types of fishing permits (licences), or if the intended auction, auction starting price;
11.12. fishing authorization (licenses) procedure (place of service, their address, phone, hours of work);
11.13. the organizer's responsibility of the licensed fishing catch accounts;
11.14. organizer of the licensed fishing services provided;
11.15. the licensed fishing and environmental protection requirements.
12. If any of the provisions of paragraph 9 in the said institutions shall refuse the organizer of the licensed fishing reconciliation licensed for fishing, the refusal must be justified in writing.
13. organizer of the licensed fishing launches the licensed fishing in certain waters, if reconciliation from all these provisions in paragraph 9 the said institutions and information on licensed fishing is published in the municipal newspaper, but on licensed fishing behind the coastal waters, the newspaper "journal".
IV. termination of the licensed fishing 14. Licensed fishing can stop with the fisheries management order if: 14.1 after the protection of the environment and regional development Ministry of environmental State Inspectorate, the regional environment administrations or marine regulatory scientific opinion or recommendations, in accordance with the necessary measures for the protection of fish stocks and fisheries governance and the protection of the environment and regional development Ministry mutually agreed thereon;
14.2. the organizer of the licensed fishing does not provide this enforcement;
14.3. a master of resources suggests the licensed fishery, providing adequate justification.
V. the licensed fishing allocation funds 15. Part of the funds obtained for the fishing permits (licenses), payable quarterly in the fish pool, the following water status according to the amount of the transfer: 15.1. sea water (including marine coastal waters), not less than 70%;
15.2. the public waters (except in coastal waters) and other waters in which fishing rights belong to the State, not less than 50%;
15.3. the private waters where fishing rights are owned by their proprietor, not less than 20%;
15.4. If the organizer of the licensed fishing will take measures to increase the fish stocks or fish resource protection, additional contributions to the Fund from the fish obtained in the licensed fishing features that rule 4.2 and 4.3 in the cases referred to in (a) may be reduced by 25% if the fisheries administration's decision. Fisheries management decisions are taken after the fisheries administration and dealt with regional submitted environmental management or marine Administration approved licensed fishing Organizer overview of the measures taken.
16. the funds that remain unlicensed fishing Organizer after the remittance Fund, of the fish are used to organize the licensed fishery and its management, as well as for other purposes, but the features that remain in fisheries management or local action, charged that the authorities in the General account budget special or local account.

Vi. Fee for fishing permits (licences) and cost reduction 17. Fees for fishing authorizations (licenses) given the licensed fishing is determined depending on the total fishing authorization (licenses) and the request, considering that the fee for a fishing licence (the licence) must not be less than the fee for commercial fishing rights and fishing rights lease for use in accordance with the Cabinet's 12 December 2000 No. 433 of the provisions of the "regulations on water and commercial fishing rights leases and fishing rights agenda".
18. Fishing authorization (licenses) of up to 50% reduction of the fee, if any is provided according to this provision, paragraph 9 and 11, can be applied to the body of the adjacent coastal land owners.
VII. the control of the licensed fishing 19. Licensed to fish in compliance with the requirements of environmental protection and control, Ministry of regional development of environmental State Inspectorate, the regional environment administrations and marine environmental management inspectors as well as — according to the competency of the licensed fishing, organizer of the national armed forces, the Navy, environmental protection, public inspectors, municipal authorised body, the police, the National Guard, the owner or lessee of the waters.
20. Offenders are called to administrative responsibility or criminal liability in accordance with the procedure laid down by law. This responsibility does not exempt them from the obligation to pay the offending nature of damages under the taxi, laws established for industrial fishing in the territorial waters and economic zone waters and internal waters.
 
The Prime Minister's site-traffic Minister a. Gorbunov for farming Minister – Finance Minister g. Smith rules shall enter into force on 11 august 2001.