Law Of Inland Fishing

Original Language Title: Lei da pesca nas águas interiores

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445784e5331594c6d527659773d3d&fich=ppl115-X.doc&Inline=false

DRAFT law No. 115/X justification current legislation of inland fishing is made up of a legal framework designed at a time when the aquaculture resources were managed with particular emphasis to a set of restrictions on fishing and the measures for the protection and promotion of fish species, that does not confer the due weight to the need to ensure the integrity of their habitats. In the last four decades deep socio-economic transformations have occurred that gave rise, on the one hand, a set of uses of water resources, previously unimportant and that introduced changes in the middle that caused the impoverishment and weakening of the aquatic communities. On the other hand, saw the increase of activities in contact with nature and the countryside, including fishing. Becomes, in this way, it is necessary to modernize the legislation, in order to reconcile the different uses of water area with the objectives of aquaculture management, through the implementation of mitigating measures of the impacts caused by those uses and taking into account that the philosophy associated with the practice of fishing presents, currently, very different strands where the concepts of biodiversity conservation and sustainable use have a major role. Urge also increase the role of aquaculture resources in rural development, which can only be achieved through an active participation of users in the management of those resources. It is intended with this law, to improve the defense and enhancement of aquaculture resources and aquatic ecosystems within a framework of sustainable use and conservation of biodiversity in the recently adopted National Strategy on forests and on the National Strategy for the conservation of Nature and biodiversity. In this context, in particular the concept of aquaculture 2 heritage encompassing the species and their habitats, allowing, thus, integrated management of aquaculture resources. With this purpose, promotes greater user participation in the management of aquaculture resources by extending the range of entities can be assigned fishing concessions. Establish the bases of the land use planning with a fish zoning based on ecological integrity and biological quality of the environment and mitigating the impacts caused mandatory measures in the aquaculture species and their habitats, by hydraulic works and other interventions on the banks and beds of watercourses and in riparian vegetation to ensure the conservation and sustainable exploitation of aquaculture resources. Are also introduced a range of concepts, including the ecological flow, in order to ensure the preservation of resources, aquaculture, restocking of competition sports fisherman, the principle of management of aquaculture resources with direct intervention in the Middle, the letter of fisherman and the possibility of attribution do through examination to ensure that fishermen have skills and the necessary knowledge for the practice of that activity. In turn, it becomes necessary to update the sanctions framework. Were heard the representative organisations of Fishing in inland waters, as well as the National Association of Portuguese municipalities. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 3 LAW of INLAND FISHING CHAPTER I subject matter, scope and Principles Article 1 subject-matter this law establishes the bases of spatial planning and sustainable management of inland waters aquaculture resources and defines the principles of fishing activities and aquaculture in these waters.

Article 2 territorial scope 1-this law is applicable to the fishery activity exercised in all inland waters, public or private surface. 2. this law is even applicable to fisheries and aquaculture conducted in the water bodies subject to border obligations undertaken by the Portuguese State.

Article 3 definitions for the purposes of this law,: a) ' internal waters ' means any surface water candy lênticas or lóticas (in progress) and transitional waters not subject to the jurisdiction of the maritime authority; 4 b) ' free ' Waters, public waters not subject to management plans and exploitation, nor the specific protection measures; c) ' private ' Waters, the waters of assets belonging, according to the law, the private or public entities; d) ' public waters ' means the waters belonging to the public domain and the patrimonial waters belonging, according to the law, the public entities; e) «transitional waters ', surface waters in the vicinity of the mouths of the rivers, partially salted as a result of the proximity of coastal waters, which are also significantly influenced by freshwater courses; f) ' Aquaculture ' means the cultivation of aquatic organisms, including fish, crustaceans, bivalves or amphibians, by culture any form of intervention in the development process designed to increase production; g) ' ecological ' Flow, the flow regime that allows you to ensure the preservation and maintenance of natural aquatic ecosystems, the development and production of aquaculture species with sports or commercial interest, as well as the conservation and maintenance of ripícolas; h) ' water ' Domain, the set of assets that integrates the waters, brackish, or candy of water currents, lakes, ponds and reservoirs and land that make up the beds of those waters, as well as their respective banks and adjacent areas and even underground and corresponding airspace; I) ' fishing ' Journey, the period that elapses between the half an hour before sunrise and half an hour after sunset; j) «Bed», the land covered by the waters when not influenced by extraordinary floods, floods or storms, including the mouchões, lodeiros and beaches it formed by alluvial deposit, limited by the row that corresponds to the extreme of the land that the waters cover in flood conditions averages, without overflowing to the natural soil, usually lean and mean, and which is defined as the cases , by the edge of the Ridge top of the wet slope of motorcycles, Comoros, types of fencing, covered or marginal walls; l) ' Margin ', the track of land adjacent to the bed or overlooking the line delimiting the waters bed 5, variable width due to the classification of the watercourse for the purpose of navigation or fluctuation; m) ' means of fishing or fishing equipment ' means the set of Arts and instruments used in the capture of aquaculture species, including those that are only intended to be used as auxiliaries; n) ' aquaculture Heritage of inland waters» aquatic ecosystems, understood as the set of species of wild fauna and flora and their habitats, including water, beds and banks, riparian vegetation, as well as their functional dependency relationships; the) ' fishing ', the practice of any acts leading to the capture of aquaculture species in the State of natural freedom exercised in inland waters or in the respective margins; p) «playful» Fishing, fishing as leisure activity pursued or recess, in which cannot be marketed specimens captured; q) «fishing» playful exercised in fishing competition organized with a view to obtaining sports brands, including the training and learning; r) «professional» Fishing, fishing carried on as commercial activity, practiced by individuals properly licensed; s) Fishing ', the ' hydraulic permanent work, built on the bed or banks of a watercourse, intended to install devices to fisheries; t) ' fishing Processes or methods of fishing», all the different techniques for use in the media; u) ' aquaculture Resources or aquaculture species ', the set of species of fauna can be considered intentional target for fishing or aquaculture, such as fish, crustaceans, bivalves and amphibians occurring in inland waters, and appearing on the list of species to be published with a view to the regulation of this law, considering their aquaculture value in accordance with international conventions and Community directives transposed into Portuguese legislation; v) ' Restocking ', the dissemination or release in a given territory or 6 mass of water, one or more specimens of a species indigenous aquaculture or a species non-indigenous there previously introduced and featuring well-established populations and spontaneous; x) ' user of inland waters aquaculture resources ' means any natural or legal person who make use of the resources of inland waters aquaculture.

Article 4 General principles


1-the assets of inland waters aquaculture constitutes a natural resource whose protection, conservation and sustainable use, in accordance with the principles of nature conservation, biodiversity protection of the State of the quality of bodies of water, are of national, community and international interest. 2-the protection, conservation, promotion and rational use of aquaculture resources implies that their management and planning obey the principles of sustainability and conservation of the genetic integrity of the biological heritage, in compliance with the national and international standards that they apply. 3-the sustainable use of resources, aquaculture through fishing, is a factor of national wealth, regional and local development and support and enhancement of the rural world. 4-The inland waters should be progressively subject to specific rules of management, in the general framework of the aquaculture resources, planning for the protection, conservation and rational use of aquaculture heritage.

Article 5 the State Assignments are assignments of the State: a) to ensure the protection and conservation of biodiversity in its different levels of organization 7, as well as for the sustainable use of resources, aquaculture in conjunction with other existing and planned uses; b) Promote aquaculture planning of inland waters, in conjunction with the territorial management instruments; c) Promote and encourage participation in the planning and management of aquaculture resources, fishing organizations, farmers, environmental protection and forestry producers, local authorities and other stakeholders in the conservation, protection and utilization of aquaculture resources; d) Regulate fishing and aquaculture; and scientific research) to promote better knowledge and preservation of aquatic ecosystems; f) ensure compliance with the quality objectives of the bodies provided for in the context of water resources planning instruments.

Article 6 powers of the Government 1-the Government set the national aquaculture policy. 2-it is still the Government: a) Ensure regional and national aquaculture management; b) Promote the implementation of the measures and the implementation of the actions necessary for the implementation of that policy, including through the regulation of this law; c) encourage and promote scientific research in the field of inland waters aquaculture resources and the training of its users; d) promote and support the maintenance or recovery of the quality of habitats and ecosystems for the benefit of the aquaculture heritage; e) promote and support the participation of civil society in the definition and implementation of 8 national aquaculture policy; f) Planning and coordinating the actions of territorial planning and management of aquaculture resources, in harmony with the uses of water domain and with the conservation of nature; g) to issue the bonds required for the performance of activities provided for in this law.

CHAPTER II protection and conservation Aquaculture resources article 7 sustainable management of aquaculture resources 1-sustainable aquaculture resources management is carried out in accordance with the principles laid down in legislation relating to water management and the national water resources, the conservation of natural habitats and of wild fauna and flora, and the introduction of non-native species in nature. 2-The aquaculture resources are evaluated regularly in terms of geographical distribution of the different species, quantification of their workforce and population trends. 3-the results achieved through the data obtained in the evaluation is the basis for the definition of aquaculture resources management plans.

Article 8 capture of aquaculture species 1-species whose capture is allowed, considering criteria linked to the dynamics of populations, the conservation status of the species and the fishing tradition playful aspects, sporting and professional, are defined by regulation of the Member of Government responsible for the fishery area. 2-Are set out, for each species, fishing periods, and capture processes, baits and bait allowed, dimensions and maximum number of copies the 9 retain per angler and day of fishing. 3-the provisions of the preceding paragraphs may have territorial scope variable in accordance in particular with the ecological integrity of aquatic systems and the classification of the waters. 4-the provisions laid down in the preceding paragraphs can be changed temporarily by bodies of water or its sections, taking into account the protection, conservation and promotion of certain species. 5-teaching, scientific or technical, can be allowed to fish for aquaculture species, in accordance with the set in regulation of the Member of Government responsible for the fishery area. 6-the definition of the provisions concerning the capture of aquaculture species falls within the competence of the Member of Government responsible for fisheries, without prejudice to the powers of the Member of Government responsible for the area of the environment.

Article 9 protection 1-in order to ensure the protection and conservation of resources, the conservation of aquaculture aquaculture species with high status of threat or for scientific reasons, can be created in the protection zone, in which, in addition to the fishing, may be prohibited, in whole or in part, any of the normal restrictions activities development of aquaculture species and the integrity of their habitats. 2-protected areas are habitat management measures in order to encourage the maintenance or restoration of populations of aquaculture species, as well as of the ecological integrity of aquatic ecosystems.

10 article 10 Emptying of water bodies and emergency situations 1-In total or partial emptying reservoirs, ditches, canals and other water bodies, it is for the Member of Government responsible for fishery area, without prejudice to the powers of the Member of Government responsible for the area of the environment, to lay down the measures to be taken in relation to aquaculture species. 2-the execution and the costs resulting from the measures to be taken concerning the protection and conservation of the aquaculture heritage are the responsibility of the owner, operator or any other user of hydraulic work. 3-When the water levels go down in such a way as to affect the survival of aquaculture species, exceptional measures may be taken to these water bodies, in particular with regard to fishing, the periods, means and processes to be used to capture dimensions and maximum number of specimens of each species retain per angler and day of fishing and the deposition of copies local fish. 4-in the event of large-scale aquaculture species, specimens cannot be deposited in drainage area of these bodies of water and their collection and final destination must be determined in conjunction with the competent body of the Ministry with responsibilities in the area of the environment, being the burden borne by the owner or user of the hydraulic work.

Article 11 protection of Aquaculture Resources belongs to the Member of Government responsible for the fishing area to lay down the measures to be taken to minimize the impacts on aquaculture heritage which, by their nature, may affect the normal development of aquaculture resources and the health of aquatic ecosystems, without prejudice to the powers of the Member of Government responsible for the area of the environment, which is charge of the owners , 11 dealers or users to its implementation.

Article 12 1-ecological Flow owners or users of hydraulic infrastructure, regardless of their intended purpose, they are required to maintain a system of exploitation and ecological flow, adjusting the variation scheme suitable for the maintenance of the life cycle of the aquaculture species, as well as the integrity of the aquatic ecosystem. 2-the evaluation of the ecological flow must be ensured by owners or users, allowing adaptation of the ecological flow in order to ensure its effectiveness.

Article 13 movement of aquaculture species 1-work building in watercourses which might be an obstacle to the free movement of aquaculture species must be fitted with devices to ensure its implementation by these species, and its effective functioning be ensured on a permanent basis. 2-in the works already exist that prevent the free movement of aquaculture species, may be required for installation and maintenance, effective operation of devices to ensure its implementation. 3-burden of owners or users Is the implementation of the measures referred to in the preceding paragraphs, including a demonstration of the effectiveness of this device, when requested, as well as the assessment and, if necessary, their adaptation to a more efficient operation.

12 article 14 1-Fishing is prohibited the construction of fixed fishing on the banks or bed of the water courses. 2-the use of fixed fishing built before 1 January 1963 and that should not be destroyed in accordance with the provisions of paragraph 1 of article 38 by then titrated by authentic document, is subject to licensing.

Article 15 And


1-it is the State or other entities authorized to do so, and in the inland waters, for the maintenance of the biodiversity, the promotion of certain aquaculture species or the actual population replacement. 2-The aquaculture and can be performed when other measures of sustainable management of aquaculture resources are insufficient for the intended purpose and shall take into consideration the level of ecological quality and the ability to support the middle and not to jeopardise the genetic identity of the indigenous aquaculture species, nor the objectives of water protection and the integrity of aquatic ecosystems. 3-The regenerate are undertaken only with biological material with genetic features identical to those existing in the place of destination, where from a scientific point of view such is recommended. 4-The regenerate are only allowed after confirmation of the existence of population densities and guarantee that will be developed at the same time, management measures to counter the causes of regression and as long as you comply with the basic rules of health safety and security among the population genetic donor and receiver. 5-In bodies of water intended for the abstraction of water intended for human consumption and in the 13 reservoirs where there is a significant annual oscillation of the volume of water stored, restocking measures are more restrictive, requiring opinion of Member of the Government responsible for the environment and the definition of an action plan for resolving any situations of rupture.

Article 16 Arrest, trade, transportation and exhibition of aquaculture species 1-detention regimes, trade, transportation and public exposure of aquaculture species, living or dead, are set out in regulation of the Member of Government responsible for the fishery area. 2-it is forbidden to arrest, trade, transportation and public exposure of aquaculture species out of their fishing periods and with dimensions different from those laid down by regulatory provision, except when coming from aquaculture units and in other cases provided for in the regulations.

Article 17 the import and export of aquaculture species the importation or exportation of eggs, juveniles or adult fish and other aquaculture species, living or dead, lacks authorization by the Member of Government responsible for fisheries, while safeguarding the health and environmental provisions, regarding this matter, without prejudice to the powers of the Member of Government responsible for the area of the environment.

14 article 18 protection and conservation of heritage in order to protect aquaculture and aquaculture heritage conservation is prohibited: a) Exercise fishing out of the places or geographical scope allowed for this activity; b) Stop or fishing and not return immediately to water aquaculture species whose capture is not allowed; c) fish outside the period designated for fishing journey, outside the respective periods of fishing or for processes and unauthorized means, except in regular conditions; d) Hold copies of aquaculture species which do not respect the rules established; e) fish or stop copies of aquaculture species in number than is authorized for fishing and fisherman's journey; f) use for fishing, explosives, toxic substances or electrical currents anestesiantes likely to cause death or stunning fish, slings, pitchforks or harpoons, guns, sticks, stones, as well as means and processes considered underwater fishing; g) Use any means or fishing processes are not intended to capture the fish through the mouth, with the practice of professional fishing in accordance with the provisions of this law and its regulations; h) Transfer aquaculture species for restocking of inland waters, outside the conditions laid down in article 15; I) Fishing in aqueducts and less than 50 meters of locks and passages for fish; j) Exercise the professional fishing less than 200 meters of dikes, dams and hydroelectric power plants and less than 100 metres of floodgates, surge arresters or any works affecting the circulation of the water regime; 15 l) Exercise the professional fishing outside the delimited sites for the practice of this activity; m) Fishing in caught, except in isolated situations to regulate; n) Perform unauthorized interventions in internal waters, as well as in their beds and banks, causing the disturbance or death of aquaculture species, the deterioration of the quality of their habitats or that jeopardize the degradation of aquatic ecosystems; the) fish in the areas of protection of superficial borrowings intended for the abstraction of water intended for human consumption.

Aquaculture Resources Planning, CHAPTER III, article 19 1-private fishing Waters is a right of the owners of private waters, and shall be exercised in accordance with the provisions of this Act and complementary legislation. 2-for the purposes of land use planning and protection of aquaculture resources can be created, in particular, water protection zones in accordance with article 9 of this law. Article 20 public waters 1-for the purposes of land use planning of aquaculture and fisheries resources, public waters are divided into: a) free waters; b) Leisure fishing zones; 16 c) Professional fishing zones; d) protection zones. 2-free waters can be practiced fishing professional fishing and playful, this being limited to areas delimited for the purpose and under conditions to regulate. 3-fishing area is just Playful playful fishing and sport fishing, subject, in addition to the General rules, the specific rules contained in their management plans and exploitation. 4-fishing area fishing is practised as a Professional business subject, in addition to the General rules, the specific rules contained in their management plans and exploitation, which can predict even the practice of sport fishing. 5-Protection zones are created in accordance with article 9 of this law by the Member of Government responsible for the fishery area. 6-When species are concerned with high threat status, the Member of Government responsible for environmental protection may be proposed, to create through joint Ordinance of Cabinet members responsible for areas of fishing and the environment.

Article 21 Recreational fishing areas and fishing Areas 1 Professional-the creation of Leisure fishing zones and of the Professional fishing zones for the Member of Government responsible for fisheries, on the advice of the Member of Government responsible for the area of the environment. 2-fishing area Fishing zones and playful Pro can be conditioned other activities that endanger the fishery activity or with the objectives of protection and conservation of the aquaculture resources. 3-The Leisure fishing zones can be created on request and to grant the following natural or legal persons: 17 a) associations of fishermen; b) sports federations status holders sport utility; c) local authorities and their associations; (d) legal persons or Entities singulares) with activities in the field of tourism, in which fishing is recognized as complementary or member of that activity. 4-the management of Leisure fishing zones created by the Member of Government responsible for the fisheries, can be transferred to the local authorities, at their request or other public or private entities with recognized competence in the management of aquatic ecosystems, on the advice of the Member of Government responsible for the environment when Classified Areas are concerned. 5-fishing area Fishing zones and playful Professional fishing is carried out in accordance with the set by order of the Member of Government responsible for the fishery area. 6-the granting of Fishing zones is subject to payment of an annual fee. 7-Are charges of management companies of Leisure fishing zones contained in the respective actions management plans and exploitation.

Article 22 Evidence of fishing for the purpose of carrying out evidence of fishing in public waters, competitive nature, leisure or tourism, or in training, can be leased the exclusive fishing, upon payment of a fee.

CHAPTER IV fishing 18 article 23 requirements for fishing 1-is only allowed the fishing licence holders playful fisherman, fitted with suitable fishing licence and other documents legally required, without prejudice to the provisions of paragraph 3. 2-is only allowed the exercise of professional fishing to individuals over the age of sixteen years who hold letter of professional fisherman, fitted with suitable fishing licence and other documents legally required. 3-children under 16 years can only exercise the turntables when accompanied by a holder of fisherman and Charter fishing license professional or playful, being, however, their parents or guardians civilly liable for acts arising out of fishing.

Article 24 Letter to fisherman


1-Can obtain the letter of fisherman who cumulatively satisfies the following requirements: a) Has the minimum age of 16 years; b) is not subject to prohibition of fishing by legal provision or administrative or judicial decision; (c)) has been approved in the examination, which is intended to establish whether the person concerned has the skills and knowledge needed for the type of fishing. 2-the examination referred to in the preceding paragraph is subject to payment of a fee and must be carried out before the entity legally competent. 3-the issue of fisherman is subject to payment of a fee. 4-fisherman has temporal validity and shall expire whenever their 19 holders are convicted of crimes provided for and punished under this law. 5-fisherman is differentiated as follows: fishing) Leisure Fishing; b) Fishing; c) Professional Fishing. 6-the conditions for the issue of a fisherman as well as the constituent survey evidence referred to in point (c)) of paragraph 1 are laid down in regulation, within three years, and must be established a transitional regime.

Article 25 waiver of fisherman's letter 1-Are exempted from playful fishing Charter: a) The members of the diplomatic corps and consular, accredited in Portugal; b) foreigners not resident in Portuguese territory, where they are entitled to practice of turntables in the country of their nationality or residence; c) the Portuguese non-residents in Portuguese territory, where they are entitled to practice of turntables in the country of their residence. 2-in the cases referred to in the preceding paragraph the practice of turntables is subject to obtaining a special license. 3-is subject to the reciprocal exemption regime of fishing Charter granted to members of diplomatic and consular corps accredited in Portugal and to foreigners not resident in Portuguese territory. 4-cannot benefit from the provisions of paragraph 1 individuals convicted of infringement of legal provisions on fishing in inland waters.

20 article 26 fishing licences 1-fishing licenses are established differentiated according to the fishing mode. 2-fishing licenses have temporal and territorial validity. 3-are conditions for fishing licence: a) be greater than sixteen; b) not be subject to prohibition of fishing by legal provision or administrative decision or court judgment; c) Owning fisherman or Charter be relieved of your procurement, in accordance with the previous article. 4-can be created special licenses for fishing Recreational fishing areas, fishing areas, fishing in fixed and Professional for aquaculture species of relevant importance or professional sports. 5-the issuance of fishing licences is subject to payment of a fee.

Article 27 right of way 1-for the type of fishing is lawful to all fishermen spend in buildings surrounding buildings and give access to public waters and still remain on its banks. 2-the right-of-way referred to in the preceding paragraph is made, pursuant to the civil law, by way of easement for access to water. 3-the referenced passage operates without prejudice to the rights of holders of rights in rem or tenancies on the surrounding buildings to waters and authorisations that these may have to give in terms of stay of vehicles in their buildings.

21 Article 28 restrictions on fishing can be established, on a permanent or temporary basis, bans or restrictions on fishing for reasons of public health, for security reasons, when this activity turns out to be incompatible with uses of water or domain for other reasons that justify it, including scientific, associated with the safeguarding of certain aquaculture species or other elements of heritage aquaculture occurring. Chapter V aquaculture species in captivity article 29 arrest of aquaculture and aquaculture species in captivity 1-aquaculture and the arrest of aquaculture species in captivity cannot contribute to the deterioration of the State of aquatic ecosystems and must be ensured the achievement of the objectives laid down in the regulations in force and with the other existing uses. 2-aquaculture and the arrest of aquaculture species in captivity, regardless of the objectives for which they are intended, in particular, commercial, ornamental, self-consumption, technical or scientific teaching lacks authorization, and may take the form of license and be subject to payment of a fee. 3-in the case of non-autochthonous species and without prejudice to the specific legislation in force, the measures referred to in the preceding paragraph require assent of the territorially competent service Ministry that continues activities in the area of the environment. 4-the capture of aquaculture species in captivity, even where it is carried on by media and processes commonly used in fisheries, is not subject to the provisions of this law. 22 CHAPTER VI administrative and civil criminal responsibility, article 30 Crimes against heritage preservation 1 aquaculture-without prejudice to the crimes against heritage preservation provided for aquaculture and punished by the Penal Code, who use for fishing, processes or unauthorized means, including explosive materials, electrical currents, toxic substances or anestesiantes which may cause death or the stunning of fish , slings, pitchforks or harpoons, guns, sticks, stones, or means and processes considered underwater fishing, is punished with imprisonment up to 180 days or a fine of 60 to 200 days. 2-If the conduct referred to in the preceding paragraph is committed by negligence, the agent is punished with imprisonment up to 90 days or a fine of 30 penalty to 100 days.

Article 31 administrative offences 1-constitutes a misdemeanour the following offenses: a) the arrest or fishing and not immediate return to water of specimens of aquaculture species whose capture is not allowed, is punished with a fine of € 5,000 minimum value and maximum of € 50,000, in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in the case of a legal person; b) fishing outside the designated period for fishing journey, or outside of the respective periods of fishing, is punished with a fine of € 5,000 minimum value and maximum of € 50,000, in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in the case of a legal person; c) the use of any means or fishing processes are not intended to capture the fish 23 through the mouth, with the practice of professional fishing in accordance with the provisions of this law and its regulations, is punished with a fine of € 5,000 minimum value and maximum of € 50,000, in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000 in the case of a legal person; d) the transfer of aquaculture species for restocking of inland waters, outside the conditions laid down in article 15, is punished with a fine of € 5,000 minimum value and maximum of € 50,000, in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in the case of a legal person; e) fishing professional outside the delimited sites for the practice of this activity, is punished with a fine of € 5,000 minimum value and maximum of € 50,000, in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in the case of a legal person; f) total or partial emptying reservoirs, ditches, canals and other water bodies, without observing the procedures required by law or determined by entities or competent agents, is punished with a fine of minimum value of € 5,000 and € 50,000 maximum in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in case of a legal person; g) the non-implementation of the measures provided for in article 11, by the respective owners, dealers or any users, since within the time limits and other rules on regulatory legislation, is punishable by a fine of minimum value of € 5,000 and € 50,000 maximum in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in case of a legal person; h) the failure to comply with the provisions of article 12 shall be punished with a fine of minimum value of € 5,000 and € 50,000 maximum in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in case of a legal person; I) failure to comply with the provisions of article 13 shall be punished with a fine of minimum value of € 5,000 and € 50,000 maximum in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in case of a legal person; j) failure to comply with the provisions of article 14 shall be punished with a fine of € 5,000 minimum value maximum of € 22,500 in case of a natural person, and of minimum value of 24


€ 10,000 and a maximum of € 70,000, in case of a legal person; l) unauthorized or carried out and without compliance with legal or administrative requirements, are punished with a fine of € 5,000 minimum value and a maximum of € 22,500 in case of a natural person, and of minimum value of € 5,000 and maximum of € 50,000, in the case of a legal person; m) failure to comply with the provisions of paragraph 2 of article 16 shall be punished with a fine of minimum value of € 5,000 and € 50,000 maximum in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in case of a legal person; n) failure to comply with the provisions of article 17 is punished with a fine of minimum value of € 1,500 and a maximum of € 16,000 in case of a natural person, and of minimum value of € 5,000 and a maximum of € 25,000, in the case of a legal person; the) fishing out of the sites or playful geographical scope authorised for this activity, is punished with a fine of € 250 minimum value and a maximum of € 2,000 in the case of a natural person, and of minimum value of € 500 and maximum € 2,500, in the case of a legal person; p) non-compliance with the rules contained in points (a) to (d)) and e) article 18 is punishable by fine of minimum value of 150 € and a maximum of € 2,000 in the case of a natural person, and of a minimum value of € 300 and a maximum of € 2,500, in the case of a legal person; q) non-compliance with the rules contained in subparagraph (i)) article 18 is punishable by a fine of € 250 minimum value and a maximum of € 2,000 in the case of a natural person, and of a minimum value of € 300 and a maximum of € 2,500, in the case of a legal person; r) non-compliance with the rules contained in paragraph j) article 18 is punishable by a fine of € 250 minimum value and a maximum of € 3,000 in the case of a natural person, and of minimum value of € 500 and maximum € 5,000, in the case of a legal person; s) non-compliance with the rules contained in paragraph m) and the) article 18 is punishable by fine of minimum value of 150 € and a maximum of € 2,000 in the case of a natural person, and of a minimum value of € 300 and a maximum of € 2,500, in the case of a legal person; t) non-compliance with the remaining provisions of article 18 is punishable by a fine of 25 minimum value of € 250 and a maximum of € 30,000 in the case of a natural person, and of minimum value of € 1,000 and a maximum of € 50,000 in case of a legal person; u) lack of leisure or professional fisherman, is punished with a fine of € 250 minimum value and a maximum of € 2,000 in the case of a natural person, and of a minimum value of € 300 and a maximum of € 2,500, in the case of a legal person, may be added to other offence committed by the agent; v) lack of turntables or Professional license, is punished with a fine of minimum value of € 100 and a maximum of € 2,000 in the case of a natural person, and of a minimum value of € 300 and a maximum of € 2,500, in the case of a legal person; x) non-compliance with the prohibitions or restrictions on the type of fishing referred to in article 28, is punished with a fine of € 250 minimum value and a maximum of € 2,000 in the case of a natural person, and of a minimum value of € 300 and a maximum of € 2,500, in the case of a legal person; z) fishing or engaging in acts that are prohibited in protection zones, created in accordance with article 9 or paragraph 6 of the 20th, is punished with a fine of € 5,000 minimum value and maximum of € 50,000, in the case of a natural person, and of minimum value of € 10,000 and a maximum of € 70,000, in the case of a legal person. 2-the attempt and negligence are punishable by the fine applicable to administrative offense, especially toned down. 3-the concrete fixing of the fine depends on the severity of the offence, the officer's fault, their economic situation and economic benefit obtained. 4-the fine must, where possible, exceed the economic benefit that the agent removed the practice of infringement.

26 article 32 Application of penalties and penalties 1-conviction for any felony or a misdemeanour provided for in this Act and complementary legislation may imply still banning the right to fish and the loss, in favour of the State of objects which served or were designed to serve for the practice of the infringement and the resulting products. 2-the prohibition of the right to fish can be in force for one to five years. 3-the loss of the objects of the offence involves the loss of fishing, vessels and vehicles used to practice that. 4-the suspension of the prison sentence or fine, when enacted, may not cover the prohibition of the right to fish and the loss of objects and products of the offence. 5-non-compliance of the ban of the right to fish can lead to the loss to the State of objects and products of the offence. 6-Any offender convicted of fishing crime is inhibited for a period of one to five, to represent, manage, so own or be part of the governing bodies of concessionaire entity of Playful fishing zone.

Article 33 statement and decision 1 alleged infringement procedures-the competence to instruct a misdemeanour for unlawful processes provided for in this law and its regulations, the DGRF. 2-it is the Director-General of forest resources the decision processes, including the application of punishments and penalties provided for in this law, and legislation on general law.

27 article 34 Assignment of the proceeds of fines the proceeds of the enforcement of fines is the subject of the following assignment: a) 10% for the entity to raise the auto; b) 30% to the entity that instruct and decide the process; c) 60% for the State.

Article 35 voluntary payment of the fine 1-Being admissible the voluntary payment of the fine the offender can do so in the Act of verification of the alleged infringement and the lifting of the respective auto news, under the general law, with the specifications laid down in this law. 2-If the offender is not resident in Portugal and, being admissible voluntary payment of the fine, not to proceed to that payment under the preceding paragraph, shall be the amount equal to the maximum value of the fine provided for the administrative offense practiced for such a deposit to guarantee the payment of the fine in that the offender may be sentenced as well as legal expenses to any place. 3-the lack of deposit referred to in the preceding paragraph shall entail the seizure of the objects used to commit the alleged infringement, seizure which will remain until the implementation of the deposit, the payment of the fine or the decision of acquittal. 4-the objects seized in the same terms of guarantee deposit, the payment of the sums due. 5-it is permissible to the voluntary payment of fines applicable to offences whose maximum value of their fine not exceeding € 2,500.

28 CHAPTER VII inspection of fishing and article 36 Supervisory State revenues from fishing without prejudice to the powers of other entities, the oversight of compliance with the provisions of this Act and complementary legislation lies with the National Republican Guard.

Article 37 State Revenues Are revenues of the State, in accordance with the decree-law referred to in article 40 a) the product of the licenses and fees arising from implementation of this law; b) proceeds from the sale of the instruments used in breach of this law, when their loss is declared in favour of the State or when abandoned by the offender.

CHAPTER VIII transitional and final provisions article 38 1 Fishing-The fixed fishing built after January 1, 1963 date of entry into force of Decree No. 44623, of 10 October 1962 and built before that date, 29 provided they do not meet then titrated by authentic document, in accordance with the provisions of § 2 Article 46 of the said Decree 44623, October 10 1962, must be destroyed, if not yet, without any compensation, without prejudice to the next paragraph. 2-The fixed fishing referred to in the preceding paragraph may be, however, maintained or rebuilt, since their maintenance or reconstruction to ensure free movement of aquaculture species and migratory species have as purpose the development of architectural and cultural heritage. 3-in the fisheries referred to in the preceding paragraph, it is not allowed the use of any fishing gear.

Article 39 autonomous regions this Act applies to the autonomous regions of the Azores and Madeira, with the necessary adjustments to be made by Regional Legislative Decree.

Article 40 further Adjustment the Government publishes, within 180 days, in the form of an Ordinance, the complementary legislation necessary for the development of this law.

Article 41 shall be repealed: the set Standard) Law No. 2097, 6 June 1959; (b)) the Decree 44623, of 10 October 1962; c) Decree No. 47059, of 25 June 1966; 30 d) Decree No. 312/70, of 6 July; e) Decree No. 35/71, of 13 February; f) Decree-Law No. 307/72, of 16 August; g) the Regulatory Decree No. 18/86 of 20 may; h) implementing Decree No. 11/89, of 27 April; I) Decree-Law No. 371/99 of 18 September.

Article 42 entry into force this law shall enter into force on the date of entry into force of the decree-law referred to in article 40 and approved by the Council of Ministers of 1 February 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency