PROPOSED LAW NO. 115 /X

Exhibition of Motives

The current fishing legislation in the inland waters consists of a legal framework

designed at a time when aquaculture resources were managed by giving particular

emphasis on a set of restrictions on fishing and measures to protect and foster the

fish species, which did not confer due importance on the need to guarantee the

integrity of their habitats.

In the last four decades, profound socio-economic transformations have occurred that

have originated, on the one hand, a set of uses of water resources, until then

little important and that introduced changes in the medium that caused the

impoverishment and the fragilization of aquatic communities.

On the other hand, it has seen increased contact activities with nature and with

the rural medium, among which the fishing.

It becomes, in this way, necessary to modernize the legislation, in the sense of compatibilize

the different uses of the water domain with the objectives of resource management

aquaculture, through the implementation of mitigating measures of the impacted impacts

for those uses and to take into consideration that the philosophy associated with the practice of fishing

presents, currently, very differentiated strands where the concepts of conservation

of biodiversity and sustainable exploitation have an embossing role.

Urge, still, to increment the role of aquaculture resources in the development of the medium

rural, which can only be achieved through active participation of the

users in the management of those resources.

It is intended, for, with the present law, to improve the defence and valorisation of resources

aquaponics and aquatic ecosystems, in a sustainable use framework and

preservation of biodiversity inserted in the recently approved National Strategy

for Forests and in the National Conservation Strategy of Nature and the

Biodiversity.

In this context, in particular, the concept of aquaculture heritage is introduced.

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encompassing species and their habitats, enabling, in this way, a management

integrated of aquaculture resources.

With this purpose, a greater participation of users in the management of the

aquaculture resources through broadening the range of entities to whom they may be

assigned fishing concessions.

The bases of the planning with a piscival zoning based on the

ecological integrity and biological quality of the medium and mandatory mitigating measures

of the impactes caused in aquaculture species and their habitats, by the works

hydraulics and other interventions in the margins and beds of watercourses and vegetation

ripiculture, so as to ensure the conservation and sustained exploitation of resources

aquaculture.

A range of concepts are also introduced, among which are highlighted by caudal

ecological, so as to ensure the preservation of aquaculture resources, of

restocking, of competition sport fisherman, the principle of management of the

aquaculture resources with direct intervention of the medium, the letter of fisherman and the

possibility of its assignment to be made by conducting examination, in the sense of

ensure that fishermen possess aptitude and the knowledge necessary for the

practice of that activity.

In turn, it becomes necessary to update the sanctionatory framework.

The Representative Organizations of Fisheries in the Interior Water were heard, well

as the National Association of Portuguese Municipalities.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

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FISHING LAW IN INLAND WATERS

CHAPTER I

Subject, Scope and Principles

Article 1.

Subject

This Law lays down the foundations of the planning and sustainable management of resources

aquaculture of inland waters and sets out the regulatory principles of the activities of the

fisheries and aquaculture in these waters.

Article 2.

Territorial scope

1-A This Law shall apply to the activity of fishing and aquaculture exercised in all

superficial, public or private inland waters.

2-A This Act is still applicable to the activity of fishing and aquaculture exercised in the

masses of border water, re-salvaged the obligations assumed by the Portuguese state.

Article 3.

Definitions

For the purposes of this Law, it shall be deemed to be:

a) "Inland waters", all surface water sweet lenchymal or loptic (chains)

and transitional waters not submitted to the jurisdiction of the maritime authority;

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b) "Free waters", public waters not submitted to management and operating plans,

nor to specific protective measures;

c) "Private waters", the heritage waters belonging, in accordance with the law, to

private or public ones;

d) 'Public Waters', the waters belonging to the public domain and the waters

heritage belonging, in accordance with the law, public servants;

e) "Transitional waters", the surface waters in the vicinity of the stools of rivers,

partially salted as a result of the proximity of coastal waters, which are

also significantly influenced by freshwater courses;

f) "Aquaculture", the culture of aquatic organisms, namely fish,

crustaceans, bivalves or amphibians, understanding themselves by culture any form of

intervention in the development process aimed at increasing production;

g) "ecological flow", the flow regime that allows to ensure conservation and

maintenance of natural aquatic ecosystems, development and production

of the aquaculture species with sporting or commercial interest, as well as the

conservation and maintenance of the ripicultural ecosystems;

h) "water domain", the set of goods that integrates the waters, sweets or salworks,

of the water currents, the lakes, ponds and albufairs and the terrains that constitute

the beds of these waters, as well as the respective shores and adjacent areas and

still the corresponding subsoil and airspace;

i) 'Fishing Journey', the period that runs between the half hour leading up to the birth

of the Sun and half an hour after the sunset;

j) 'Leito', the terrain covered by the waters when not influenced by flood

extraordinary, floods or storms, in it including the mouchions,

lodeiros and areais in it formed by alluvial deposit, limited by the line that

corresponds to the narrow of the land that the waters cover in flood conditions

medium, without overflowing to the natural soil, usually rinse, and which is

defined, as the cases, by the aresta of the upper crest of the wet talude of the

mots, cômors, valors, tapads or marginal walls;

l) "Margin", the strip of contiguous terrain to the bed or sparner to the line that delimits

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the bed of the waters, of variable width depending on the classification of the water course

for the purpose of navigation or flotation;

m) "Ways of fishing or fishing apparatus", the set of arts and instruments

used in the capture of aquaculture species, including those that are targeted

only to be used as auxiliaries;

n) "Aquaculture heritage of inland waters", aquatic ecosystems understood

as the set of species of fauna and flora and their habitats, including water,

beds and margins, riparian vegetation, as well as their relationships of dependence

functional;

o) "Fisheries", the practice of any acts conducive to the capture of aquaculture species

in the state of natural freedom exerted in the inland waters or in the respective

margins;

p) "lucid fishing", the fishing carried out as a leisure or recreation activity, in which not

the captured copies may be marketed;

q) "Sport fishing" the lucid fishing exercised in organised competition, having in

a view to obtaining sports marks, including training and learning;

r) "Professional fishing", the fishing carried out as commercial activity, practiced by

suitably licensed individuals;

s) "Pesqueira", the permanent hydraulic work, built on the bed or margins of a

course of water, intended to install fishing apparatus;

t) "Fishing processes or methods of fishing", the set of the different techniques of

use of the means of fishing;

u) "aquaculture resources or aquaculture species", the set of species of fauna

possible to be considered intentional targeting of fishing or aquaculture, such as

fish, crustaceans, bivalves and amphibians taking place in the inland waters, and that

figurem on the list of species to be published with a view to the regulation of this Law,

considering its aquaculture value, in accordance with the conventions

international and the Community Directives transposed into law

portuguese;

v) "Repopulation", dissemination or liberation, in a particular territory or

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mass of water, of one or more specimens of an indigenous aquaculture species or of

a non-indigenous species there previously introduced and presenting populations

already well established and spontaneous;

x) "User of the aquaculture resources of inland waters", the whole natural person or

collective enjoying the aquaculture resources of inland waters.

Article 4.

General principles

1-The aquaculture heritage of inland waters constitutes a natural resource whose

protection, conservation and sustainable use, in the respect of the principles of

conservation of nature, biodiversity of the protection of the state of the quality of

masses of water, are of national, community and international interest.

2-A protection, conservation, fomenting and rational use of aquaculture resources

implies that its management and planning comply with the principles of sustainability and

of the conservation of the genetic integrity of biological heritage, in respect of the

national and international standards that they apply to.

3-A The sustainable use of aquaculture resources, through the exercise of fishing,

constitutes a factor of national wealth, regional and local development and support

and valorisation of the rural world.

4-Interior waters shall be progressively subject to specific standards of

management, in the general framework of aquaculture resource planning, with a view to protection,

conservation and rational use of aquaculture heritage.

Article 5.

Attributions of the State

They are attributions of the State:

a) To ensure the protection and conservation of biodiversity at its different levels of

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organization, as well as for the sustainable use of aquaculture resources, in

articulation with the other existing and anticipated uses;

b) Promoting the aquaculture planning of inland waters, in articulation with the

instruments of territorial management;

c) To promote and encourage participation, in planning and resource management

aquaculture, fishermen's organisations, farmers, defence of the environment

and of forest producers, authorities and other entities interested in the

conservation, protection and use of aquaculture resources;

d) Regulate the exercise of fisheries and aquaculture;

e) Promoting scientific research for better knowledge and preservation

of aquatic ecosystems;

f) Ensuring compliance with the quality objectives of water bodies

provided for in the context of water resources planning instruments.

Article 6.

Competences of the Government

1-Compete to the Government to define the national aquaculture policy.

2-Compete still to the Government:

a) To ensure the planning and management of national aquaculture resources;

b) To promote the implementation of the measures and the implementation of the necessary actions to the

concretization of that policy, notably through the regulation of the present

law;

c) To encourage and promote scientific research in the field of aquaculture resources

of the inland waters and the training of their users;

d) To promote and support the maintenance or recovery of the quality of habitats and

ecosystems for the benefit of aquaculture heritage;

e) To promote and support the participation of civil society in the definition and delivery

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of the national aquaculture policy;

f) Planning and coordinating actions for the planning and management of aquaculture resources, in

harmony with the uses of the water domain and with the conservation of nature;

g) Issuing the necessary titles for the performance of the activities provided for in this Law.

CHAPTER II

Protection and Conservation of Aquaculture Resources

Article 7.

Sustained management of aquaculture resources

1-A Sustainable management of aquaculture resources is carried out in accordance with principles

consignment in the legislation on the management of water and national water resources, à

preservation of natural habitats and of wild fauna and flora, and the introduction of

non-indigenous species in the wild.

2-Aquaculture resources are assessed regularly in terms of distribution

geographical of the different species, quantification of their herds and trends

population.

3-The results achieved through the data obtained in the evaluation forms the basis for

the definition of management plans for aquaculture resources.

Article 8.

Capture of aquaculture species

1-The species whose catch is authorised, taking into consideration criteria linked to the

dynamics of populations, the status of species conservation and the tradition of fishing

in its lucid, sporting and professional strands, are defined by regulation

own from the member of the Government responsible for the area of fishing.

2-Are established, for each species, periods of fishing, means and processes of capture,

allowable isks and engots, capturing dimensions and maximum number of copies a

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retain by fisherman and by fishing journey.

3-The provisions set out in the preceding paragraphs may have territorial scope

variable agreement, specifically, with the ecological integrity of the various systems

aquatics and the classification of waters.

4-The provisions set out in the preceding paragraphs may be amended,

temporarily, by masses of water or its sections, taking into account the protection,

conservation and fosters of certain species.

5-For didactic, technical or scientific purposes, fishery of species may be authorised

aquaculture, in the terms to be defined in own regulation of the member of the Government

responsible for the area of fishing.

6-A The definition of the arrangements for the capture of aquaculture species is the competence

of the member of the Government responsible for the area of fisheries, without prejudice to the

skills of the member of the Government responsible for the area of the environment.

Article 9.

Areas of Protection

1-A The end of ensuring the protection and conservation of aquaculture resources, conservation

of aquaculture species with high threat status or for reasons of order

scientific, Protection Zones may be set up, in which, in addition to fishing, they may

be prohibited, in whole or in part, any conditioner activities of the normal

development of aquaculture species and the integrity of their habitats.

2-In the Protection Zones are taken for habitat management measures so as to

favour the maintenance or recovery of the populations of the aquaculture species, well

as of the ecological integrity of aquatic ecosystems.

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Article 10.

Emptying of water masses and emergency situations

1-In total or partial emptying of albufairs, ditches, canals and other water bodies,

compete for the member of the Government responsible for the area of fisheries, without prejudice to the

skills of the member of the Government responsible for the area of the environment, establish the

measures to be adopted in respect of aquaculture species.

2-A implementation and charges resulting from the measures to be adopted in respect of protection

and conservation of aquaculture heritage are the responsibility of the owner,

concessionaire or other user of the hydraulic work.

3-When the level of the waters descends so as to affect the survival of species

aquaculture, exceptional measures can be adopted for such water bodies,

in particular with regard to the exercise of fishing, the periods, means and processes to

use, the dimensions of capture and maximum number of copies of each species to

retain by fisherman and by fishing journey and the places of deposition of the copies

fish.

4-In the eventuality of whether to check the mortaness of aquaculture species, the specimens do not

can be deposited in the drainage area of these water bodies and their collection and

final destination shall be determined in articulation with the competent body of the

Ministry with assignments in the area of the environment, the resulting charges being

supported by the owner or user of the hydraulic work.

Article 11.

Protection of Aquaculture Resources

It is incumbent upon the member of the Government responsible for the area of fisheries to establish the measures

to be adopted to minimise the impacts on aquaculture heritage which by its nature,

may affect the normal development of aquaculture resources and the integrity of the

aquatic ecosystems, without prejudice to the competences of the member of government

responsible for the area of the environment, constituting charge of the owners,

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concessionaires or users their implementation.

Article 12.

Ecological flow

1-The owners or users of hydraulic infrastructures, regardless of the

end to which they are intended, are required to maintain an operating regime and a flow rate

ecological, adept at the regime of variation appropriate to the maintenance of the life cycle of the

aquaculous species as well as the integrity of the aquatic ecosystem.

2-A The assessment of the ecological flow should be ensured by the owners or

users, allowing the adaptation of the ecological flow so as to ensure its

effectiveness.

Article 13.

Movement of aquaculture species

1-The works to be built in the watercourses that can constitute obstacle to free

movement of aquaculture species must be equipped with devices permitting

ensure their transposition by the said species, and they shall operate

effective stay assured on a permanent basis.

2-In the already existing works that prevent the free movement of aquaculture species, it may

be required for installation and maintenance, in effective operation, of devices that

ensure their transposition.

3-Constituting charge of the owners or users the implementation of the measures

referred to in the preceding paragraphs, including the demonstration of the effectiveness of the said

device, when requested, as well as the evaluation and if necessary the respective

adaptation, for more effective functioning.

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Article 14.

Fishing

1-Construction of fixed fishings on the banks or beds of watercourses is prohibited.

2-A the use of the fixed fishing grounds built before January 1, 1963 and which do not

should be destroyed in accordance with the provisions of Article 38 (1) for finding

then titled by authentic document, gets conditioned on licensing.

Article 15.

Restocks

1-Compete to the State or other entities for so much authorized, the realization of

restocks in the inland waters, with a view to the maintenance of biodiversity, to the

fosters of certain aquaculture species or the repose of population herds.

2-Aquaculture restocks can be carried out when other management measures

sustained from aquaculture resources if they prove insufficient for the objectives

intended and must take into consideration the level of ecological quality and capacity

of medium support and not to call into question the genetic identity of aquaculture species

indigenous, neither the objectives of protecting the waters and the integrity of ecosystems

aquatics.

3-The restocks are taken to effect only with biological material with

genetic characteristics identical to those existing at the place of destination, where from the point

of scientific view such if it shows recommendable.

4-The restocks are only admitted after confirmation of the existence of densities

population reduced and guaranteed that they will be developed simultaneously, measures

of management that counteract the causes of the regression and as long as they comply with the rules

basic health safety and genetic safety among the donor population and

receptor.

5-In the water masses intended for the production of water for human consumption and in the

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albufairs where a significant annual oscillation of the volume of water occurs

stored, the restocking measures are more restrictive, charied from the opinion of the

member of the Government responsible for the area of the environment and the definition of a plan of

action for resolution of possible breakage situations.

Article 16.

Detention, trade, transport and exposition of aquaculture species

1-The regimes of detention, trade, transport and exposure to the public of species

aquaculture, living or dead, are contained in own regulation by the member of government

responsible for the area of fishing.

2-The detention, trade, transport and exposure to the public of species is prohibited

aquaculture outside the respective fishing periods and with different dimensions of the fixed

by regulatory provision, except when coming from aquaculture units and

in other cases provided for in regulatory provisions.

Article 17.

Import and export of aquaculture species

The import or export of eggs, juveniles or adults of fish and other species

aquaculture, living or dead, lacks permission from the responsible government member

by the area of fishing, safeguarding the health and environmental provisions,

referring to this matter, without prejudice to the competences of the Member of the Government

responsible for the area of the environment.

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Article 18.

Protection and conservation of aquaculture heritage

With a view to the protection and conservation of aquaculture heritage is prohibited:

a) Exercising fishing outside of the permitted places or geographical scope for this

activity;

b) Detain or fish and do not immediately return to water aquaculture species whose

capture is not authorized;

c) Fish out of the designated period by fishing journey, outside the respective

periods of fishing or by unauthorised processes and means, save under conditions to

regular;

d) Detain exemplars of aquaculture species whose dimensions do not comply with the standards

established regulatory;

e) To fish or hold exemplars of aquaculture species in higher number than

is authorized, by fishing journey and by fisherman;

f) Use in fishing explosive materials, electrical currents, toxic substances or

anesthesiants likely to cause death or stunting of the fish, fists,

tridents or arpons, firearms, sticks, stones, as well as means and processes

considered of underwater fishing;

g) Use any means or fishing processes that are not intended to capture the

fish by mouth, ressaving the practice of professional fishing in accordance with

the provisions of this Law and its regulations;

h) Transfer aquaculture species for restocking of the inland waters, outside the

conditions laid down in Article 15;

i) Fishing in aqueducts and less than fifty metres of eclusures and passages to

fish;

j) Carry out professional fishing less than two hundred metres of dams, fishings and

hydroelectric power plants and less than one hundred metres of floodgates, dischargers

or any works that change the regime of movement of the waters;

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l) Exercising professional fishing outside of the places delimited for the practice of this

activity;

m) Fishing in isolated pegs, except in situations to be regular;

n) Carry out unauthorised interventions in the inland waters as well as in their

beds and margins, which cause the disturbance or death of aquaculture species, the

deterioration in the quality of their habitats or which jeopardized degradation

of aquatic ecosystems;

o) Fishing in the areas of protection of surface caps intended for the production of

water for human consumption.

CHAPTER III

Planning of Aquaculture Resources

Article 19.

Private waters

1-A The fishing is a right of the owners of the private waters, and must be exercised from

agreement with the provisions of this Act and supplementary legislation.

2-For the purpose of planning and protection of aquaculture resources can be created,

in the private waters, Zones of Protection pursuant to the provisions of Article 9 of the

present law.

Article 20.

Public waters

1-For the purposes of planning aquaculture and fisheries resources, public waters

split into:

a) Free waters;

b) Ludic Fisheries zones;

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c) Areas of Professional Fishing;

d) Areas of Protection.

2-In the free waters it can be practiced lucid fishing and professional fishing, this being

circumscribed to areas delineated for the purpose and under conditions to be regulated.

3-In the Lútip Fisheries Zones is practiced only lucid fishing and sport fishing,

subject, in addition to the general standards, to specific standards consigned to the respective

management and operation plans.

4-In the Professional Fishing Zones is practiced fishing as a commercial activity

subject, in addition to the general standards, to specific standards consigned in the respective

management and operation plans, which will be able to further predict the practice of fishing

sporting.

5-Protection Zones shall be created pursuant to the provisions of Article 9 of this Law

by the member of the Government responsible for the area of fishing.

6-When they are in question species with high threat status, the member of the

Government responsible for the area of the environment can propose Protection Zones, to be created

through joint porterie of the members of the Government responsible for the areas of fisheries

and the environment.

Article 21.

Lútip Fisheries and Professional Fishing Zones

1-A The creation of the Lucid Fishing Zones and the Professional Fishing Zones compete with the

member of the Government responsible for the area of fishing, upon opinion of the member of the

Government responsible for the area of the environment.

2-In the Lútip fishing grounds and in the Professional Fishing Zones can be

conditioned other activities that collate with the activity of fishing or with the

objectives for the protection and conservation of aquaculture resources.

3-The Lútip Fisheries Zones can be created on request and for grant to the following

natural or legal persons:

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a) Associations of fishermen;

b) Sports federations holders of the status of sports public utility;

c) Local authorities and their associations;

d) Legal or natural entities with activities in the field of tourism, in

that fishing is recognized as complementary or integral to that

activity.

4-A The management of the Lútip Fisheries areas created by the responsible Government Member

by the area of the fishery, may be transferred to the Municipal Chambers, at their request or

other public or private entities with recognized competence in the management of the

aquatic ecosystems, upon advice from the member of the Government responsible for the area

of the environment when they are in cause Classified Areas.

5-In the Lútip Fisheries Zones and the Professional Fishing Zones fishing is exercised in the

terms to be defined by portaria of the member of Government responsible for the area of fishing.

6-A The granting of the Fisheries Zones is subject to the payment of an annual fee.

7-Charges of the managing entities of the Lucid Fishing Zones the shares laid down

in the respective management and operating plans.

Article 22.

Evidence of sport fishing

For the purpose of carrying out evidence of sport fishing in public waters, of character

competitive, leisure or touristic, or still entered into trainings, may be

concessionary the exclusive of fishing, upon fee payment.

CHAPTER IV

Exercise of fishing

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Article 23.

Requirements for the exercise of fishing

1-Only the exercise of lucid fishing is allowed to holders of fisherman's charter, munched

of appropriate fishing licence and other legally required documents, without prejudice

of the provisions of paragraph 3.

2-Only the exercise of professional fishing for the larger individuals of sixteen is permitted

years holders of professional fisherman's letter, fitted with appropriate fishing licence and

of other legally required documents.

3-Sixteen-year-old minors can only exercise lucid fishing when accompanied

by cardholder cardholder and professional or lucid fishing licence, being, however,

the respective parents or guardians civilly responsible for the acts arising from the

exercise of fishing.

Article 24.

Letter from fisherman

1-Can you obtain the letter of fisherman who cumulatively satisfy the following

requirements:

a) Posits the minimum age of sixteen;

b) Do not be subject to prohibition of fishing by legal provision or decision

administrative or judicial;

c) Has been approved in the respective examination, intended to establish whether the person concerned

possesses the aptitude and knowledge necessary for the exercise of fishing.

2-The examination referred to in the preceding paragraph shall be subject to the payment of a fee and

shall be carried out before the legally competent entity.

3-A The issuing of the fisherman's letter is subject to the payment of a fee.

4-A letter of fisherman has temporal validity and lapses whenever the respective

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holders are convicted of crimes provided for and punished under this Act.

5-A letter of fisherman is differentiated according to the following fishing modalities:

a) Lutip Fishing;

b) Sport Fishing;

c) Professional fishing.

6-The conditions for issuing the letter of the fisherman as well as the constitutive evidence of the

examination referred to in point (a) c) of paragraph 1 are set out in regulation, at the maximum

of three years, a transitional regime should be established.

Article 25.

Dispensation of letter from fisherman

1-Are dispensed from the lucid fishing charter:

a) The members of the diplomatic and consular body, accredited in Portugal;

b) Foreigners not resident in Portuguese territory, as long as they are

enabled the practice of lucid fishing in the country of your nationality or residence;

c) The Portuguese non-residents in Portuguese territory, as long as they are

enabled the practice of lucid fishing in the country of your residence.

2-In cases referred to in the preceding paragraph the practice of lucid fishing shall be subject to the

obtaining special leave.

3-It is conditioned on the reciprocity regime the dispensation of letter of fisherman granted

to members of the accredited diplomatic and consular corps in Portugal and the

foreigners not resident in Portuguese territory.

4-They cannot benefit from the provisions of paragraph 1 individuals convicted of infringement of the

legal standards on the exercise of fishing in inland waters.

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Article 26.

Fishing licences

1-Differential fishing licences are established depending on the modality of fishing.

2-Fishing licences have temporal and territorial validity.

3-Are conditions for obtaining fishing license:

a) Be more than sixteen years;

b) Not to be subject to prohibition of fishing by legal provision or decision

administrative or judicial decision;

c) Possess letter of fisherman or be relieved of his / her obtaining, pursuant to the

previous article.

4-Special licences may be set up for the exercise of fishing in the Fisheries Zones

Lucid, in the Professional Fishing Zones, on fixed fishing and for aquaculture species

of relevant sporting or professional importance.

5-A The issuance of the fishing licences is subject to payment of a fee.

Article 27.

Right of way

1-For the exercise of fishing it is lawful for all fishermen to pass in the buildings that

marginalize and give access to public waters and still remain on their margins.

2-The right of passage referred to in the preceding paragraph shall be made, pursuant to civil law,

compulsorily, by the path of servitude for access to water.

3-A The said passage operates without prejudice to the rights of the holders of real rights and

of leasing on the surrounding buildings to the waters and authorisations that these

may have to give in regard to the permanence of vehicles in the respective buildings.

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Article 28.

Restrictions on the exercise of fishing

They may be established, on a permanent or temporary basis, interdictions or restrictions on

exercise of fishing for public health reasons, for safety reasons, when this

activity if it proves to be incompatible with uses of the water domain or by other

grounds that justifies it, particularly of a scientific character, associated with

safeguard of certain aquaculture species or other elements of heritage

aquaculture occurring.

CHAPTER V

Aquaculture species in captivity

Article 29.

Aquaculture and detention of aquaculture species in captivity

1-A aquaculture and the detention of aquaculture species in captivity cannot contribute

for the deterioration of the state of aquatic ecosystems, and the

fulfillment of the objectives set out in the standards in force and the articulation with the

other existing uses.

2-A aquaculture and the detention of aquaculture species in captivity, regardless of the

objectives to which they are intended, specifically commercial, self-consumption, ornamental,

didactics, technicians or scientific lacks authorization, and may rewear the form of

will alvate 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 actions referred to in the preceding paragraph shall lack the favourable opinion of the service

territorially competent of the ministry pursuing activities in the area of

environment.

4-A capture of aquaculture species in captivity, still that exercised by processes and

means normally used in fishing, is not subject to the constant provisions of the

present law.

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CHAPTER VI

Criminal, counterordinational and civil liability

Article 30.

Crimes against the preservation of aquaculture heritage

1-Without prejudice to the crimes against the preservation of the planned aquaculture heritage and

punished by the Criminal Code, who to use in fishing processes or unauthorised means,

specifically explosive materials, electrical currents, toxic substances or

anesthesiants likely to cause death or stunting of the fish, fists,

tridents or arpons, firearms, sticks, stones, or means and processes considered from

underwater fishing, is punishable with imprisonment of up to one hundred and eighty days or penalty of

fine of 60 a to 200 days.

2-If the conduct referred to in the preceding paragraph is practiced by negligence, the agent is

punished with imprisonment for up to ninety days or with penalty of a fine of 30 a to 100 days.

Article 31.

Counter-ordering

1-Constituting counterordinance the following offences:

a) The detention or fishing and no immediate return to the water of specimens of species

aquaculture whose catch is not authorized, is punished with minimum value coyme

of € 5,000 and maximum of € 50,000, in the case of natural person, and of minimum value of

€ 10,000 and maximum of € 70,000, in the case of legal person;

b) Fishing outside of the designated period by fishing journey, or outside the respective

fishing periods, is punished with fine of minimum value of € 5,000 and maximum of

€ 50,000, in the case of natural person, and of minimum value of € 10,000 and maximum of

€ 70,000, in the case of a legal person;

c) The use of any means or processes of fishing that are not intended to

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catch the fish by the mouth, ressaving the practice of professional fishing in

compliance with the provisions of this Law and its regulation, is punished with

fine of minimum value of € 5,000 and maximum of € 50,000, in the case of person

singular, and of minimum value of € 10,000 and maximum of € 70,000, in the case of person

collective;

d) The transfer of aquaculture species to restocking the inland waters, outside

of the conditions laid down in Article 15, is punishable with fine of minimum value of

€ 5,000 and maximum of € 50,000, in the case of natural person, and of minimum value of

€ 10,000 and maximum of € 70,000, in the case of legal person;

e) The exercise of professional fishing outside of the places delimited for the practice of this

activity, it is punished with fine of minimum value of € 5,000 and maximum of € 50,000,

in the case of a natural person, and of a minimum value of € 10,000 and maximum of € 70,000,

in the case of a legal person;

f) The total or partial emptying of albufairs, ditches, canals and other masses of

water, without being observed the procedures required by law or

determined by competent entities or agents, is punishable by value coyme

minimum of € 5,000 and maximum of € 50,000 in case of natural person, and of value

minimum of € 10,000 and maximum of € 70,000, in the case of a legal person;

g) The non-implementation of the measures provided for in Article 11, by the respective

owners, concessionaires or any users, provided that in the deadlines and

too much rules provided for in regulatory legislation, is punishful with fine value

minimum of € 5,000 and maximum of € 50,000 in case of natural person, and of value

minimum of € 10,000 and maximum of € 70,000, in the case of a legal person;

h) Failure to comply with the provisions of Article 12 shall be punished with fine of minimum value

of € 5,000 and maximum of € 50,000 in case of natural person, and of minimum value

of € 10,000 and maximum of € 70,000, in the event of a legal person;

i) Failure to comply with the provisions of Article 13 shall be punished with fine of minimum value

of € 5,000 and maximum of € 50,000 in case of natural person, and of minimum value

of € 10,000 and maximum of € 70,000, in the event of a legal person;

j) Failure to comply with the provisions of Article 14 shall be punished with fine of minimum value

of € 5,000 maximum of € 22,500 in case of natural person, and of minimum value of

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€ 10,000 and maximum of € 70,000, in the event of a legal person;

l) Restocks not authorised or carried out without observance of the requirements

legal or administrative, are punishable with a minimum value of € 5,000 and

maximum of € 22,500 in case of natural person, and of minimum value of € 5,000 and

maximum of € 50,000, in case of a legal person;

m) Failure to comply with the provisions of Article 16 (2) is punished with fine value

minimum of € 5,000 and maximum of € 50,000 in case of natural person, and of value

minimum of € 10,000 and maximum of € 70,000, in the case of a legal person;

n) Failure to comply with the provisions of Article 17 shall be punished with fine of minimum value

of € 1,500 and maximum of € 16,000 in case of natural person, and of minimum value

of € 5,000 and maximum of € 25,000, in the event of a legal person;

o) The exercise of lucid fishing outside of the permitted places or geographical scope for

this activity, is punish-punished with a minimum value of € 250 and maximum €

2,000 in the event of a natural person, and of minimum value of € 500 and maximum € 2,500,

in the case of a legal person;

p) Failure to comply with the standards contained in points d) and e) of article 18 is punished

with fine of minimum value of € 150 and maximum of € 2,000 in case of person

singular, and of minimum value of € 300 and maximum € 2,500, in case of person

collective;

q) The failure to comply with the standards contained in the i) of Article 18 is punished with

fine of minimum value of € 250 and maximum of € 2,000 in case of natural person,

and of a minimum value of € 300 and maximum € 2,500, in case of a legal person;

r) The failure to comply with the standards contained in the j) of Article 18 is punished with

fine of minimum value of € 250 and maximum of € 3,000 in case of natural person,

and of a minimum value of € 500 and maximum € 5,000, in case of a legal person;

s) The failure to comply with the standards contained in the m) and o) of article 18 is punished

with fine of minimum value of € 150 and maximum of € 2,000 in case of person

singular, and of minimum value of € 300 and maximum € 2,500, in case of person

collective;

t) Failure to comply with the remaining standards set out in Article 18 shall be punished with

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fine of minimum value of € 250 and maximum of € 30,000 in case of person

singular, and of minimum value of € 1,000 and maximum of € 50,000 in case of person

collective;

u) The lack of the letter of fisherman, lucid or professional, is punished with fine value

minimum of € 250 and maximum of € 2,000 in case of natural person, and of value

minimum of € 300 and maximum € 2,500, in case of a legal person, being this

cumulative infringement with others committed by the agent;

v) Lack of the lucid or professional fishing licence, is punish-ed with fine

minimum of € 100 and maximum of € 2,000 in case of natural person, and of value

minimum of € 300 and maximum € 2,500, in the case of a legal person;

x) The failure to comply with the interdictions or restrictions on the exercise of fishing, to which

refers to Article 28, is punished with fine of minimum value of € 250 and maximum €

2,000 in the event of a natural person, and of minimum value of € 300 and maximum € 2,500,

in the case of a legal person;

z) Fishing or the practice of acts that are prohibited in the Protection Zones,

created pursuant to Articles 9 or paragraph 6 of 20º, is punished with fine value

minimum of € 5,000 and maximum of € 50,000, in the case of natural person, and of value

minimum of € 10,000 and maximum of € 70,000, in the case of legal person.

2-A attempt and negligence are punishable by the fine applicable to the counterordinance,

especially attenuated.

3-A The concrete fixing of the fine depends on the seriousness of the offence, the fault of the agent,

of their economic situation and the economic benefit obtained.

4-A fine shall, where possible, exceed the economic benefit that the agent

removed from the practice of the offence.

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Article 32.

Application of penalties and ancillary sanctions

1-A conviction for any crime or counter-ordinance provided for in this Law and

supplementary legislation may further involve the interdiction of the right to fish and the loss,

in favour of the State, of the objects that served or were destined to serve for the

practice of the offence and still the resulting products.

2-A The interdiction of the right to fish can invigorate for one to five years.

3-A The loss of the objects of the offence involves the loss of the means of fishing, of the

vessels and the vehicles that served the practice of that.

4-A The suspension of the prison sentence or the fine, when enacted, may not cover the

interdiction of the right to fish and the loss of the objects and products of the offence.

5-The non-actament of the interdiction of the right to fish may imply the loss in favour of the

State of the objects of fishing and products of the offence.

6-Any offender convicted of a fishing offence becomes inhibited, for the period of one to

Five years, of representing, managing in their own way or being part of the social organs of

concessionary entity of Lútip Fisheries Zone.

Article 33.

Instruction and decision of counterordinance processes

1-A competency to instruct the counterordinance processes by illicit contractors in the

present law and its regulation, it is incumbent on the DGRF.

2-Compete to the Director-General of Forest Resources the decision of the proceedings,

in particular the application of the penalties and ancillary penalties provided for in this Law, in

supplementary legislation and in the general law.

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Article 34.

Allocation of the product of the fines

The product of the application of the fines is the subject of the following assignment:

a) 10% for the entity that raises the auto;

b) 30% for the entity to 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 counterordinance and the lifting of the respective news self, in the

terms of the general law, with the specifications set out in this Law.

2-If the offender is not resident in Portugal and, being admissible voluntary payment

of the fine, do not proceed to that payment under the preceding paragraph, shall carry out

the deposit of amount equal to the maximum value of the predicted fine for the counterordinance

practiced, by targeting such a deposit to guarantee the payment of the fine in which the offender

may come to be condemned, as well as the legal expenses to which there is place.

3-A The lack of the deposit referred to in the preceding paragraph implies the seizure of the objects which

served the practice of counterordinance, apprehension of that which will remain until the efective

of the deposit, the payment of the fine or the absolute decision.

4-The seized objects guarantee, in the same terms of the deposit, the payment of the

amounts due.

5-The voluntary payment of the fines applicable to counter-ordinations whose

maximum value of the respective fine is not greater than € 2,500.

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CHAPTER VII

Fisheries monitoring and revenue of the State

Article 36.

Surveillance of fishing

Without prejudice to the competences of the other entities, the audit of compliance

of the provisions of this Law and supplementary legislation is incumbent on the National Guard

Republican.

Article 37.

Revenue of the State

They constitute revenue of the State, pursuant to the decree-law referred to in Article 40.

a) The product of the licences and fees arising from the implementation of this Law;

b) The proceeds from the sale of the instruments used in the offences to this Law,

when it is declared its loss in favour of the State or when abandoned by the

infractor.

CHAPTER VIII

Final and transitional provisions

Article 38.

Fishing

1-Fixed pesquets built after January 1, 1963, date of entry into

vigour of Decree No 44623 of October 10, 1962 and those built before this date,

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provided that these did not find themselves then titled by authentic document, according to

with the provisions of Paragraph 2, of Article 46, of the said Decree No 44623 of October 10

of 1962, they must be destroyed, if the were not yet, without a right to any

compensation, without prejudice to the provisions of the following number.

2-Fixed pesquets referred to in the preceding paragraph may be, however, maintained or

reconstructed, provided that their maintenance or reconstruction guarantees free movement

of the migratory aquaculture species and have as their purpose the valorisation of the

architectural and cultural heritage.

3-In the fishings referred to in the preceding paragraph, the use of any art is not permitted

of fishing.

Article 39.

Autonomous Regions

This Law applies to the Autonomous Regions of the Azores and Madeira, with the

necessary adaptations to be introduced by Regional Legislative Decree.

Article 40.

Further regulation

The Government publishes, within 180 days, in the form of a decree-law, the legislation

supplementary necessary for the development of this Law.

Article 41.

Abrogation standard

They are revoked:

a) The Act No. 2097 of June 6, 1959;

b) The Decree No. 44623 of October 10, 1962;

c) The Decree No. 47059 of June 25, 1966;

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d) The Decree No. 312/70 of July 6;

e) The Decree No. 35/71 of February 13;

f) The Decree-Law No 307/72 of August 16;

g) The Regulatory Decree No. 18/86 of May 20;

h) The Regulatory Decree No. 11/89 of April 27;

i) The Decree-Law No. 371/99 of September 18.

Article 42.

Entry into force

This Law shall come into force on the date of entry into force of the decree-law referred to in the

article 40 para.

Seen and approved in Council of Ministers of February 1, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs