Advanced Search

Rules On The Use Of Private Fishing Rights In Waters

Original Language Title: Noteikumi par zvejas tiesību izmantošanu privātajos ūdeņos

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Cabinet of Ministers Regulations No. 790 in 2016 (13 December. No 68 32. §) rules on the use of private fishing rights in waters issued under the Fisheries Act in article 13, paragraph 2, second subparagraph of the i. General questions 1. determines the procedure of use of fishing rights in private waters-lakes, rivers and reservoirs, or private property in existing bodies concerned. 2. private fishing rights in waters owned by the owner of the private waters, except in the waters referred to in Section a of annex II and annex III. 3. Water other than those mentioned in Section I, II and III and for the whole or part of the area adjoins State land ownership, the State concerned agrees property adjacent part or the entire area, and the legal possessor of the waters then owned fishing rights may be used, subject to the requirements of these regulations that apply to the private owners of the waters. 4. If the private waters in which fishing rights do not belong to the State, as well as the rules referred to in paragraph 3 of the waters moving and changing their shores, the previous owner of the coast keeps fishing rights and the new owner of the Bank, subject to the relevant legislation, the previous owner of the coast allows you to use those rights, as well as provides the necessary access to water, if the previous owner of the beach property, such an approach is no longer. 5. the owner of the private waters, who owns the fishing rights, under section 7 of fisheries. the third paragraph of article they can put other legal and natural persons. 6. Using the fishing rights in private waters, comply with the requirements of the laws that determine commercial fishing and angling, vēžošan and submarine Hunt, except laws on water and commercial fishing rights lease fishing rights and procedures, relating to the status of the lease. 7. The provisions of paragraph 6 of the laws referred to in the requirements for the use of private fishing rights in waters does not apply if the private Lake, where fishing rights do not belong to the State, according to the Fisheries Act and the regulations, it is the custom for artificial propagation of fish, or it deals with specialised fish farming. 8. private waters in which fishing rights do not belong to the State and for which the only one fully fit the contours of the landowner's land, the tow-bar is not set and the owner of the waters down the coastal zone use requirements in industrial fishing and angling, vēžošan or underwater hunting. Other private waters cables bar is four meters. 9. private waters, located on specially protected natural territories, respect the protection and use of the territory of regulatory legislation. 10. The private lake shores, where fishing rights are not owned by the State, must bear a mark indicating that the Lake is private property.
II. the fishing limit and allocation of fishing area 11. private waters in which fishing rights do not belong to the State and for which the only one fully fit the contours of the landowner's land, all the waters specified commercial fishing gear, or catch limit (hereinafter referred to as the fishing limit) is divided into the private waters and fishing rights owner. 12. Private property in existing public parts of the lake where the municipality reserve the private owner of the waters (the owners), which is the fishing limit proportional to the owner's private property on the Lake. 13. In public rivers where fishing rights belong not only to the State and allow industrial fishing, and shared ownership in waters where fishing rights are not owned by the State, coastal landowners mutually agree on the distribution of the fishing limits, so that the total amount of fishing limits do not exceed the relevant River (River) or Lake (part of the Lake). 14. If the rules referred to in paragraph 13 of the joint ownership of water area that is divided among the owners, the owners in writing or orally mutually agreed also on commercial fishing gear deployment location or area. 15. in order to achieve a written or oral agreement on the fishing limit and commercial fishing gear deployment location or distribution of proportional the territory where the private property of the owner of the private parts of the waters, the provision referred to in paragraph 13 of the private owners of the waters may take into account the coastal lands property part of the waters adjacent to the coast, close to the coast in adjacent waterline length, total body of water area, as well as other mutually acceptable criteria. 16. If the joint owners of the waters do not reach mutual agreement, subject to the provisions of paragraph 15 of the fishing limit distribution principles and criteria, and all owners request, they can be considered the owners and the municipal (municipal) at a joint meeting of representatives. If such agreement cannot be reached in the meeting, according to the private law of the civil law has protected in court. 17. the private owner of the waters, who owns the fishing rights and willing to engage in commercial fishing shall be submitted to the relevant authorities in an application for a planned fishing activities and, if the private waters are shared ownership, the application shall be accompanied by the owner of the reciprocal sharing of joint ownership of fishing limits in existing private waters. If the private owned public waters part owner at the beginning of the year the municipality submitted the application for commercial fishing rights, the municipality during the year in question are eligible to rent a fishing limit that in accordance with the provisions of paragraph 12 is reserved for these private waters. 18. the local government within two weeks after receipt of the rules referred to in paragraph 17 of the application and shall notify the national environmental service (hereinafter service) on private waters owner (owners) or by private owners agreed the waters fishing limit distribution. 19. Fishing limits private waters are laid down in laws and regulations concerning commercial fishing limits and use procedures internal waters.
III. the rental of fishing rights and the usage of

20. private waters in which, in accordance with annexes II and III of the Civil Code of the fishing rights belong to the State, the coastal land owners have preference to commercial fishing rights in the lease, if commercial fishing rights in these waters do not hire local fishermen engaged in commercial fishing. 21. If the private owner of the waters belonging to commercial fishing rights lease or authorise the use of other legal or natural person, must comply with the specific waters or fishing limit set by the joint ownership of the owner of the waters by mutual agreement is reached and the fishing limit commercial fishing gear deployment location or distribution of the territory. 22. the private owner of the waters, who owns the fishing rights, the month after the rule referred to in paragraph 17 of the lodging of an application and payment of the local commercial fishing rights may receive service commercial fishing license. 23. If the private owner of the waters belonging to commercial fishing rights or authorize its leased the use of other legal or natural person, the person concerned shall make payment for local commercial fishing rights and on presentation of the relevant authority or the rental agreement with the owner of the fishing rights, the service receives this provision 22, paragraph commercial fishing license. 24. If the private waters commercial fishing rights are organized in industrial fishing, licensed to develop separate regulations, subject to the requirements of the laws of the licensed industrial fishing.
IV. Fishing, vēžošan and underwater rights 25. Fishing, underwater hunting vēžošan or without the owner's permission, subject to further legislation may engage in all private waters in which fishing rights belong to the State, as well as private rivers and the private-owned parts, which according to the fishing, hunting and scuba vēžošan rules not prohibited fishing, underwater hunting vēžošan or. 26. Fishing, underwater hunting vēžošan and lakes that are located on a single parcel of land and fishing rights do not belong to the State, need a private water owner permission. 27. Fishing, underwater hunting vēžošan and joint ownership, where lakes fishing rights do not belong to the State, requires a joint owner of the Lake (at least one owner) permission, and, based on it, as well as respecting the legislation, anglers, vēžotāj or underwater Hunter fish or crayfish may be obtained at the Lake part that is closer to authorising, not another owner's land. 28. Charges for special permits (licenses) fishing, underwater hunting vēžošan and exercise of private waters can be determined only if these waters is licensed for fishing, organized vēžošan or underwater hunting and in accordance with the laws and regulations on the licensed fishing, underwater hunting vēžošan and procedures have been developed for Charter, approved by the municipality of binding provisions, which is located in the administrative territory of the waters.
V. use of the leased fishing rights bodies 29. private waters fishing rights can be leased to other legal and natural persons. 30. private River where fishing rights belong only to the State, and private lakes where fishing rights are owned by the Government, the fisheries of uses-for industrial fishing, fishing, underwater hunting and vēžošan, as well as specialist fish farming-lease, rental of relevant authorities in agreement with the provisions of paragraph 32 of the said institutions. 31. private rivers and lakes where fishing rights are not owned by the State, as well as private owned public water body part the provisions of fisheries mentioned in paragraph 30, for a lease of a private owner of the waters, having informed the authorities concerned. In this case, the lease line with that rule 32. institutions referred to in points. 32. Hiring private rivers and lakes, as well as private owned public water body parts according to this provision, paragraph 30 and 31, the necessary reconciliation with: 32.1.-If the waters are included in the Act, regulations on risk ūdensobjekt; 32.2. the nature protection administration – where private waters are part of the public body of water located on the land management law in article 15, first paragraph, within specially protected natural territories, in which the possessor is responsible for the Environment Ministry; 32.3. the National Institute of food safety, animal health and Environmental Research Institute "BIOR", "which before the reconciliation in addition to assess the significance of the water hidroekoloģisk actions impact on natural populations and habitats, as well as the waters of the reciprocal links with other waters, if the waters for fish farming to specialised in leasing.
Vi. rights of fishing control 33. Compliance with these rules is supervised by the fishery referred to in article 18 of the law, and monitoring the fishery referred to in article 20 of the Act. 34. A Person who is in breach of these provisions, the statutory procedure is called to administrative responsibility or criminal liability, and it is an obligation to pay damages of fish resources, subject to the laws and regulations on industrial fishing in inland waters at certain rates for the purpose of calculating the amount to be recovered.
VII. final question 35. Be declared unenforceable in the Cabinet of Ministers of 15 December 1998, the provisions of no. 453 "rules on the use of private fishing rights in the waters" (Latvian journal, 1998, no. 375; 2008, 201. no; 2009, 203. no). Prime Minister Māris kučinskis Minister of agriculture John Dūklav