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The Procedure For The Issue Of Special Permission (License) Commercial Fisheries, As Well As Pay A State Fee For Special Permissions (Licenses) Of The Issue

Original Language Title: Kārtība, kādā izsniedz speciālo atļauju (licenci) komercdarbībai zvejniecībā, kā arī maksā valsts nodevu par speciālās atļaujas (licences) izsniegšanu

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Cabinet of Ministers Regulations No. 1015 in Riga 2009 (8 September. No 56 22) the procedure for the issue of special permission (license) commercial fisheries, as well as pay a State fee for the special permission (license) issued by the service in accordance with section 7 of fisheries. the second paragraph of article i. General questions 1. determines: 1.1. procedures are provided with a special permit (license) for the purpose of commercial fishing: 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 fees and the payment arrangements for the issue of a permit (license) commercial fisheries.
2. authorization (license) commercial fisheries (hereinafter permit (license)) related to the acquisition and preprocessing of the fish on board a fishing vessel or small vessels, as well as the supply of fish caught for further sale or processing, issue: 2.1. State Agency "Latvian fish resource agency" (hereinafter called the tour agent)-commercial fisheries of this provision, and 1.1.1 1.1.2 1.1.3. above bottom waters;
2.2. the municipality in whose territory the body in question (hereinafter the municipality), the commercial fishery in these rules referred to in point 1.1.4 waters.
3. For the purpose of commercial fisheries in each of these rules the waters referred to in 1.1 requires a separate permission (license).
4. To apply for permission (license), the applicant shall submit to the agency or municipality concerned a written submission in accordance with the provisions of annex 1 and the documents referred to in it.
5. If the applicant the application permissions (licenses) not to receive those provisions mentioned in the annex to document 1, agency or municipality concerned to receive the administrative procedure law in the register, the State revenue service, the Latvian maritime administration and road safety Directorate.
II. Authorization (license) and cancellation in order to assess the applicant's 6 submission permissions (licenses) for commercial fisheries of this provision, and 1.1.1 1.1.2 1.1.3. waters, referred to the Director of the Agency shall approve the Licensing Commission. The Licensing Commission composed of two representatives of the agency include the (President and Vice-President), and one each in the authorised person of the following State institutions and organisations (associations): 6.1. Ministry of agriculture;
6.2. the Ministry of the environment;
6.3. National Environment services;
6.4. the municipalities;
6.5. the Federation of Fishermen;
6.6. The Latvian Zivsaimniek Association;
6.7. the Zivrūpniek Union.
7. Agency or local authority concerned within five working days after all the rules referred to in annex 1 of document receipt shall take a decision on the permission (license) and issue the appropriate permission (license) (2 or 3) indicates the specific waters that have the right to engage in commercial fishing under this provision subparagraph 1.1.
8. licences issued (license) number. Permission (license) number, the first two characters are the letters representing the waters that have allowed commercial activity in the fisheries: 8.1 HP – international and other countries ' waters outside the Baltic Sea;
8.2. The KICS – Baltic Sea and Gulf of Riga behind coastal waters;
8.3. ZK-the Baltic Sea and Gulf of Riga coastal waters;
8.4. ZIA-inland waters.
9. (licence) granted permission for five years, excluding this provision in paragraph 10 and 11 above.
10. Authorization (license) validity period for the purpose of commercial fishing in this provision, and 1.1.1.1.1.2 1.1.3. waters referred to shall be determined taking into account the fishing vessel to be used in the certificate of compliance (certificate of compliance) or vessel sailing ability, the period of validity of the licence.
11. Authorization (license) issued for one year, if the applicant: 11.1. This provision of the fishing plan 1.1.1. and 1.1.2. waters referred to fishing vessels rented;
11.2. the prior authorization (license) this provision during the period of operation 1.1.1., 1.1.2 or 1.1.3. waters referred to one fishing vessel during the year has twice violated fishery laws and regulatory requirements.
12. If permission (license) is lost, the agency or the local government after permission (license) holder's receipt of a written request for permission (license) issued a duplicate.
13. If you are changing permissions (licenses) the owner's name or legal status, a permit (license) holder within 10 working days after the onset of these conditions provide the agency or the relevant authorities that the renewal application and the documents justifying the amendment granted the permit (licence).
14. Authorization (license) is cancelled, if the permission (license) the owner of a fishing or fishing in inland waters of this provision 1.1.1., 1.1.2 or 1.1.3. waters referred to any fishing vessel during the year, more than twice violated fishery laws, regulatory requirements or stopped in fisheries business.
15. the local authorities each year up to July 15 and January 15, provide the Agency with information about the relevant semester permits (licenses), indicating permission (license) the owner's name and registration number.
III. Authorization (license) 16. refusal to grant the Agency is entitled to refuse the applicant a permit (license), unless: 16.1 the documents submitted are not accurate or is erroneous and the tenderer after the Agency's written request within 10 working days does not submit the additional information;
16.2. the applicant has tax arrears;
16.3. the applicant who first logged permission (license), 1.1.2. these rules for fishing in the said waters during the year is not available to the fishing limit to ensure that commercial fishing in at least the following: 16.3.1.  150 tons of cod or 1000 tonnes of herring and sprat-trawl fishing ships with 220 kilowatts (kW) and greater engine power;
16.3.2.500 tonnes of herring, sprat-trawling vessels with up to 110 kilowatt (kW) 219 great engine power;
16.4. the tenderer prior permission (license) to the period of one year more than twice violated fishery laws and regulatory requirements;
16.5. the applicant owned and planned fishing vessel with its inclusion in the Latvian fishing vessel list exceeded the European Union provided for by the legislation of the European Community fishing vessel register in the common database of the fishing vessels detected Latvia total engine capacity and the total gross tonnage limit;
16.6. the applicant owned and fished in the Gulf of Riga of Latvia planned entry in the list of fishing vessels do not meet European Union requirements for participation in fishing vessel in the Gulf of Riga in the reference period from 2000 to 2001 or the vessel's engine power exceeding 221 kilowatts (kW).
17. The municipality is entitled to refuse the applicant a permit (license), if: 17.1. documents submitted is not accurate or is erroneous and the tenderer after the authorities a written request within 10 working days does not submit the additional information;
17.2. the applicant has tax arrears;
17.3. the municipality is not available for free fishing limit in specific inland waters;
17.4. the tenderer prior permission (license) to the period of the year, more than twice violated fishery laws and regulatory requirements.
18. the Agency and the municipal decision on permission (license) of the service can be a challenge and appeal against administrative procedure law.
IV. State fees for the issue of a permit (license) and the arrangements for payment of the State fee 19. On the issue of a permit (license) commercial fisheries that rule 1.1.1., 1.1.2, 1.1.3 and 1.1.4. waters is referred to in the following country toll: 19.1. international and other countries ' waters outside the Baltic Sea – 50 lats;
19.2. The Baltic Sea and the Gulf of Riga in the waters beyond the coastal waters – 25 lats;
19.3. The Baltic Sea and Gulf of Riga coastal waters – 10 lat;
19.4. inland waters-10 lats.
20. For permission (license) of the renewal applicant pay a stamp duty of 10 percent from this provision provided for in paragraph 19 of the national toll.
21. Authorization (license) the recipient shall pay the State fee before receiving the permission (license).
22. the national fee for a permit (license) for the purpose of commercial fishing in this provision, 1.1.2 and 1.1.3 1.1.1. waters referred to including the general public.
23. State fee for permission (license) commercial fishery in these rules referred to in point 1.1.4 waters off the municipal budget.
V. closing question 24. Be declared unenforceable in the Cabinet of Ministers of 11 January 2005, Regulation No 39 "procedures to be issued special permits (licenses) for the purpose of commercial fishing" (Latvian journal, 2005, nr. 9, 172).
Prime Minister v. dombrovsky Minister of Agriculture j. Dūklav Editorial Note: regulations shall enter into force with 12 September 2009.
 
Annex 1:

The Cabinet on 8 September 2009, the Regulation No 1015 of Agriculture Minister j. Dūklav in annex 2 of the Cabinet on 8 September 2009, the Regulation No 1015 of Agriculture Minister j. Dūklav in annex 3 of the Cabinet on 8 September 2009, the Regulation No 1015 of Agriculture Minister j. Dūklav in