Law No. 12 Of 26 July 1974 Relating To Fisheries And Fishing

Original Language Title:  LEGE nr. 12 din 26 iulie 1974 privind piscicultura şi pescuitul

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LAW No. 12 of 26 July 1974 relating to fisheries and fishing NATIONAL ASSEMBLY ISSUING Published in OFFICIAL GAZETTE No. 106 of 30 July 1974 to improve production over by using intensive areas of existing fisheries, harnessing the best of the land, why can't I have another agricultural use and is suitable for regulating the piscicultural facilities require uniform, exploitation, and establishing basic rules relating to the functions and responsibilities for the development of fisheries and the fishing industry in our country.
To this end, the National Assembly of the Socialist Republic of Romania adopts this law.


Chapter 1 General provisions Article 1 In the Socialist Republic of Romania pisciculture and fishing represents the main economic activity for the upper part of natural waters and fisheries in purpose.


Article 2 the natural waters, flowing and standing throughout the territory of the Socialist Republic of Romania, including inland waters and territorial sea and land covered with water as a result of the indiguirilor or bararilor of woe-rentals fishing ponds, ponds, Lakes-serving or offers for growth and multiplication, fish, crustaceans and other aquatic animals are considered, for the purposes of the present law fishing pools.
Also, are regarded as forming part of fish ponds in the waters off the floodplain areas only during the flood, until the withdrawal if conditions specified in the preceding paragraph.
Fish ponds are divided, in terms of exploitation in pools and natural pools. They can be grouped into distinct zones or complex having their own names.
Helesteiele Lakes, ponds, reservoirs, flowing waters of the mountain who were executed by fish ponds and fish are pastravariile.
Other fishery basins are considered natural fish basins.


Article 3 by the Fisheries Fund means the totality of the population of fish and other natural resources of food consisting of aquatic flora and fauna of river fish.


Article 4 Fish Ponds and Fisheries Fund from the State property Fund is exempt from fisheries fishery basins located on land owned by the agricultural production cooperatives.
Use of fish tanks for purposes other than those referred to in article 1. 1 can only be made on the basis of presidential decree.
Land which cannot be used for agricultural production and suitable arrangements will be made for fish as a priority destination for this purpose.


Chapter 2 Developing fisheries Article 5 the Ministry of agriculture, Food and Forestry, the Ministry of Water Economy and building materials, along with the executive committees of councils and popular of Bucharest, will identify and delineate all wetlands, salt and other land suitable for fish-breeding to create new farms and nurseries stocks based on a program by with the responsibility of enforcing it.
The fishery units of the State to which they will be assigned according to the law the land referred to in the preceding paragraph and the agricultural cooperatives of production holding land are also obliged to fit out, directly or through a cooperative, the provisions of the fish in accordance with the single national economic and social development.


Article 6 the Ministry of agriculture, Food and Forestry, the Ministry of Water Economy and building materials and the Ministry of education and educational institutions responsible for carrying out studies, research, experiments and development projects and carry them out, thanks to the most efficient application technologies, plant, machinery and equipment and the preparation of cadres in order to achieve in a unitary conception of the programme for the development of fisheries and fisheries.


Article 7 the State and fish Establishments agricultural cooperatives of production whose lands are fishery pools hereinafter fishery units are obliged to establish: (a)) and to develop either directly or through cooperative fish nurseries to ensure popular material for fish ponds and natural;
  

b) to improve the production technology and the growth of juveniles and for the selection of fish species with high economic value, to aclimatizeze the new fish species and to expand the growth of fish in a mixture of species, according to the law, on the basis of the conclusions of the results of the studies, research and experiments, carried out by research units;
  

c) to introduce new technologies of use of fodder and fertilizers and mecanizeze fish farm operations;
  

d) to execute the current works of maintenance of canals and girlelor, the springs of water and fisheries;
  

e) to perform the work, rescue and protection of the Fisheries Fund from lakes, ponds and mountain waters;
  

f) to take measures to combat animal diseases and pests to the Fisheries Fund;
  

g) to organize the exploitation of the fishery in crescatoriilor so that to ensure the harnessing and fresh fish all year round;
  

h) to capitalize on the production of merchandise over planned State Fund.
  


Article 8 central ministries, other organs, executive committees of councils and popular of the municipality of Bucharest, which have subordinated units what they build and operate hydropower dams and reservoirs for regulating water flows, irrigation or recreation, are obliged to ensure the execution of the work necessary for the development of fish breeding and fishing, according to opinions that will issue the Ministry of agriculture, Food and water to the lowlands and foothills and the Ministry of Forest Economy and construction materials for mountain waters.


Article 9 Enterprises, institutions, organizations and economic cooperative which use water from ponds of fish for any purpose other than: (a) fisheries are obliged to install devices) to prevent the entry of fish from fish ponds in water-supply system for irrigation and industries in accordance with the opinion of the specialized bodies of the County;
  

(b) to take steps for) cleansing fisheries and for fisheries protection and Rescue Fund from emptying reservoir Lakes;
  

c) to ensure water flow necessary for normal development of fish fauna downstream from the reservoir Lakes according to the approved technical economic documentation;
  

d) to build the waters flowing water deviation for Spurs passes over and any other works necessary for the protection of fish.
  

Ministry of agriculture, Food and Forestry and the Ministry of Water Economy and building materials will set technical conditions of execution of the works referred to in point. a)-d) and shall ensure their observance.


Article 10 Ministry of agriculture, Food and Forestry and the Ministry of Water Economy and building materials are responsible for the protection and development of valuable species of fish-sturgeon, Atlantic mackerel, mullet and lostrita-and introduce modern technologies for growth, based on scientific studies and research, in which the goal will take measures to: (a) the arrangement of natural areas) of sturionilor;
  

b) establishment of juvenile production resorts and sturgeons lostrita;
  

c) according to the law, acclimatisation, new species of sturgeon in the Danube waters adaptable to the increase and the brackish;
  

d) organizing centers for breeding and raising chefalului;
  

e) construction to prevent execution of the escape of valuable fish in the Black Sea.
  


Article 11 the Ministry of Electricity is required to ensure the new hydropower dams on the Danube simultaneous execution of some special construction enabling passage of sturgeon reproducatorilor and scrumbiilor downstream upstream of the dams, as well as to prevent the destruction of fish.


Article 12 the units holding fish pools are responsible for securing and protecting the Fisheries Fund armed under the conditions provided by law.


Chapter 3 fishing Article 13 through fishing for purposes of this law, means catching fish and other aquatic life forms-based authorization in places, periods, with tools and in the dimensions allowed by law, for the purpose of industrial, scientific and sports.


Article 14 Through industrial fishing means catching fish and other aquatic life forms by the authorized personnel of economic entities exploiting fish ponds.


Article 15 Fishing any species of fish or other aquatic animals for scientific purposes, or to repopulate the artificial culture, but also for the protection of the Fisheries Fund, may be made at any time, place and any tools or methods, with prior approval, where appropriate, of the Ministry of agriculture, Food and water or to the Ministry of forest Economy and construction materials.


Article 16 By sport fishing means fishing carried out for the purpose of recreation of any person, Member of the General Association of Fishermen Hunting and Sportsmen, issued this permit, for ponds and fisheries that it has.

Also, angling may be exercised on the basis of an authorization issued by the Ministry of Forestry Economy and construction materials for pools that are in the direct administration of subordinated units, with the exception of pastravariilor, with the payment of legal fees.
Angling will exert in the conditions laid down in the annex. 1, which forms an integral part of this law.


Article 17 fishing of any kind in fish ponds will be done in compliance with the following rules: a. Periods and prohibition of fishing zones is prohibited fishing any species of fish, crustaceans, mollusks and other aquatic life forms, as follows: a) in the waters of the lowlands and foothills, Danube delta, with its 60 consecutive days during the period from 1 April until 30 June;
  

b) Razelm Sinoe, ghiolurile Belciuc, Erenciuc, and coastal Lakes, in the period from April 1 until June 30. In stufariile from Razelm Sinoe and in front of them on a distance of 50 metres wide, and Olayimika Lake, throughout the year;
  

c) enters the Danube in front of girlelor, and privalelor to baltilor, for a distance of 500 metres on both sides of the openings, as well as within them, for the period from 15 March until 15 June;
  

(d)) at the mouth of the Danube Rivers Siret, Ialomita, Olt, Arges and Jiu, a distance of one kilometre from both sides of the openings and on the course of these rivers over a distance of 10 kilometres from the confluence, in the period from March 1 until July 1;
  

e) in front of the mouth of the Danube-meleaua Sfîntu Gheorghe-until the Candy, for the period from 1 April till 31 July; downstream of Candy, based on research that will be performed, Ministry of agriculture, Food and water will fix the annual fishing prohibition zone with taliene;
  

f) with navoadele of any kind in the delta and floodplain of the Danube inundabila for the period from 15 April until 15 September, and the Razelm Sinoe and ghiolurile Belciuc and Erenciuc for the period from 1 April till 1 October;
  

g) in mountain waters for indigenous trout, whitefish, and fîntînel for the period from 15 September until April 30; for rainbow trout, Grayling and lostrita during the period from 1 January until 31 May.
  

B. Limiting fishing for certain species over fishing is forbidden: to sturionilor and scrumbiei) throughout the year in front of the openings of the Danube into the sea on a depth of 5 kilometers off the sea and on a corridor counted as 2 kilometers 1 mile from one side of the axle and the Sulina arm Sfîntu. In front of the Chilia arm, the width of the corridor is 1 kilometre south of the centerline, and the arm towards the north up to the limit of the Romanian territorial waters;
  

b sturionilor) throughout the year, with carmace and carmacute in senalul the Danube, including his arms, and the seaside area in the period from 15 February until 15 may with carmace and ohane;
  

c) in the following places and sturionilor periods:-in the Black Sea until the mouth of the river Prut, in the period from March 15 until April 15;
-in Prut River mouth up to the mouth of the Timok, during the period from April 15 till May 15;
-in the area of the mouth of the Timok until Kladovo, in the period from 15 May till 30 June;

d) scrumbiei by the Danube in the following places and times:-in the Black Sea until Ceatalul Ismail, 5 consecutive days during the period from 15 March until 1 may;
-in the area of Vadul Oii-Ceatalul Ismail, 20 consecutive days during the period from 1 April until 15 may;
-in the area of Vadul Oii tо the Timok river mouth, 30 consecutive days during the period from 15 April until July 1;

lostritei, e.5) without special authorization issued by the Ministry of Forest Economy and construction materials;
  

f) with metal artificial fish bait in rivers inhabited by lostrita.
  

C. Fishing Gear and methods prohibited is prohibited to use the following tools and fishing methods: a) fixed in the littoral drift marine area;
  

b) drift and ave of all kinds in Razelm Sinoe, ghiolurile Belciuc, Erenciuc, and coastal Lakes;
  

c) fishing, with explosive materials and drugs of any kind;
  

d) of Gill reproducatorilor during prohibition, by whatever method, or the destruction of spawning more than during the same period, natural breeding areas;
  

e) juveniles and reproducatorilor fishing for fish in fish farms and nurseries, for purposes other than restocking times industrial fishing;
  

f) fishing sturionilor under the legal size for purposes other than restocking;
  

g) catching fish with fishing gear from place in mountain waters.
  


Article 18 prohibition Periods of fishing as referred to in art. 17 lit. He may be extended by the Ministry of Agriculture, Food and water for the bottom of the waters of the Danube lowlands and delta, and the Ministry of Forestry Economy and construction materials for mountain waters, according to the hydrometeorological conditions.
The ministries referred to in the preceding paragraph may prohibit in all year long or during certain periods on fishing of some species of fish, in order to protect and replenish Fisheries Fund.
Ministry of agriculture, Food and water will be able to, under exceptional hidroclimatice altogether, or to extend the date for prohibition of fisheries data, the taxpayer while maintaining the total number of days. 17 lit. (5); a)-(f)) and art. 17 lit. (B) subparagraph (a). d). Article 19 For running waters that constitute the State border, the prohibition periods and fishing rules to be laid down in accordance with the international conventions concluded with other riparian States.


Article 20 shall be prohibited: (a)), damage or destruction of moving signs signs placed in fishery pools;
  

b) settlement of fishing gear fixed or floating on more than two-thirds of the width of the basin, girlelor or fishing channel;
  

c) harvesting of reeds, sedge or grass papurii, from fish ponds, fish without the permission of the establishment;
  

d) movement with motor boats in fish ponds in the delta and floodplain of the Danube and the complex of Lakes Razelm Sinoe. It exempts circulation on waterways and the access to the localities that do not have other ways of communication and movement with the boats, the Ministry of Interior, the Ministry of national defense, and those that have special authorization of the Ministry of agriculture, Food and water for those areas;
  

e) movement with vehicles, removing timbers through beds of mountain water, and movement with motor boats in natural mountain lakes without the authorization of the Ministry of Forest Economy and construction materials;
  

f) closing with fences, porches or fishing gear of any kind of girlelor, and the baltilor floodplain, if thereby prevent access to fish during floods, water and drainage. Exception fishing closures and stuficole from delta and Danube floodplain during times of floods in places and conditions set by the Ministry of agriculture, Food and water;
  

g) introduction to grazing animals, watering them and with any means of transport inside the dikes and on heleşteelor, ponds, nurseries and pastravariilor, at any time, without the authorization of the fisheries unit. In other ponds and fish ponds, in the introduction to the natural grazing their animals and watering during prohibition of fishing shall be permitted only in the places set and marked by the fishery units;
  

h) stopping, skew, rastocirea a rivers or leaking them in full or in part for any purpose without the consent of the fisheries unit;
  

I) reduction of water flow in fishery pools if this endangers the existence of the fish fauna;
  

j) opening, closing or channel obstruction of fish ponds and hydro installations handling whatsoever, otherwise than that established by the technical rules of the Ministry of agriculture, Food and water;
  

k) the destruction or degradation of dams, canals, dams and fishing banks and slope with grass;
  

l) introduction of other species of fish than the ones existing in the fishery without the opinion of the Ministry of agriculture, Food and water, of the Ministry of Forest Economy and construction materials;
  

m) works in the fishery hydrogeological drilling basins authorizing fishery without unit;
  

n) having any basis for seining, drift, voloace, ave, prostovoale, virse, by unauthorized individuals.
  


Article 21 the minimum sizes of fish and other aquatic animals that can be fished and minimum mesh sizes of fishing gear are laid down in the annex. 2, which forms an integral part of this law.


Article 22 of the fishery Units will delineate and mark with visible signs of fish protection areas where fishing is prohibited or other restrictive rules are applicable. Also, the General Association of fishermen Hunting and Sportsmen will mark, delineate and display conditions and areas where angling is exercised.


Chapter 4 organizing the activity of fishing and fisheries Article 23 uniform Guidance to the fishery activity is exercised by the Ministry of agriculture, Food and water; fishing activity in the waters of the direction of the mountain together with the Ministry of Forest Economy and construction materials.

Responsibility for fisheries activity in bottom waters of the maritime lowlands and returns the Ministry of agriculture, Food and water, and mountain waters, Ministry of Forest Economy and building materials, which together with the executive committees of councils and popular of Bucharest will ensure implementation of the programme for the development of fisheries and fisheries as provided for in the single national economic and social development.


Article 24 the Ministry of agriculture, Food and Forestry and the Ministry of Water Economy and building materials are responsible for the Administration and operation of the Fisheries Fund, according to State-run distributions of fishery basins established by decision of the Council of Ministers.
Fish ponds distributed State property Ministry of agriculture, Food and water will be administered directly by the County State fishing enterprises, except for fishery basins of the Danube Delta which come under the management of units subordinated to direct from the plant "Danube Delta"; the Ministry of Forest Economy and distributed construction materials by the forest County inspectorates.
Where fishing areas do not justify the establishment of enterprises according to the preceding paragraph and before the fitting surfaces allowing the organisation of a specialised enterprises, will be fish farms within companies from neighbouring counties.


Article 25 the Ministry of agriculture, Food and Forestry and the Ministry of Water Economy and building materials can give the General Fisheries Association of Fishermen and Sportsmen Hunting tanks or areas of natural fish basins.
Their assignment is done on the basis of contracts concluded for fixed term depending on facilities and other works mentioned in article 1. 7 to be run by the Association.
Contracts concluded before the entry into force of the present law retains its validity, will be adapted according to the provisions of the law.
For fish ponds in service will be split from the Ministry of agriculture, Food and water and the Ministry of Forest Economy and building materials Association plan tasks for General Hunting and sportsmen, Fishermen regarding the delivery of fish to the Socialist organisations in relation to the possibilities for the exercise of fishing industry in these pools and taking into account the requirements of angling development.


Article 26 For the guidance and control of the fishery activity shall be established, within the Ministry of agriculture, Food and water, State Inspection for fish farming and fishing.
The Organization and functioning of the State Inspection for fish farming and fisheries shall be determined by Decree of the State Council.


Chapter 5 Responsibilities and sanctions to infringements of the provisions of article 27 of this law shall entail, as appropriate, disciplinary, administrative, civil, or criminal material.


Article 28 shall constitute the offense and is punishable by imprisonment from 3 months to 2 years, or with fine: a) fishing, with explosive materials and drugs of any kind;
  

b) reproducatorilor fishing during prohibition through any methods, or the destruction of spawning over the same period, natural breeding areas;
  

c) fishing reproducatorilor and juvenile of fish in fish farms and nurseries other than restocking times industrial fishing;
  

d) of Gill sturionilor under the legal size, for purposes other than restocking;
  

e) reducing water flow to areas or fish ponds in order to gather illicit fish;
  

f) procurement in terms of fish and fishing in spawning areas;
  

g) having any basis for seining, drift, voloace, ave, prostovoale, virse, by unauthorized individuals.
  

The attempt is punishable in the case of offences referred to in a)-(e)).
Destruction of spawning over the prohibition period in the areas of natural reproduction, the committed fault, shall be punished with imprisonment from one month to one year or by a fine.


Article 29 the facts referred to in art. 28 lit. a), b), c) d) and (e)) where they are committed at night, 2 or more persons jointly, shall be punished with imprisonment from 1 to 4 years.
The attempt is punishable.


Article 30 the finding of facts that constitute crimes under article 4. 28 and 29 is done, apart from the prosecution, and the representatives of the Ministry of Agriculture, Food and water for all water fisheries, Ministry of Forestry Economy and relative construction materials for fishery basins spread across this Ministry and representatives of the Association of Fishermen Hunting and Sportsmen for fish ponds and wells commissioned it, which, on the basis of concluded acts will refer the matter to the prosecution.


Article 31 the facts which constitute the offence of fishing rules and protection of the Fisheries Fund and sanctions shall be established by decision of the Council of Ministers. Administrative sanctions may be imposed and to legal persons.


Chapter 6 final provisions Article 32 the Ministry of agriculture, Food and Forestry and the Ministry of Water Economy and building materials and the General Association of Fishermen Hunting and Sportsmen will be able to grant awards to those who will highlight particularly in combating poaching, offences and offences set out in the appeal of committing this Act.


Article 33 Fishers employed in fishery units in the delta and Danube Razelm Sinoe and coastal waters, which have achieved monthly production plan individually, have the right to buy, the next month, from where they are employed, for own use, the following quantities of fish, except for sturionilor:-10 pounds over monthly, fishermen working in swamps and floodplain of the Danube Delta as well as the Razelm Sinoe;
-15 pounds over a month, fishermen operating in coastal waters.
The purchase price is made.
The rights referred to in the preceding paragraphs shall receive and crew serving brigades, if the Brigade has achieved monthly production plan per month.


Article 34 the use water from ponds and Lakes existing reservoir for raising fish is done free of charge. The use of water for fish farming in reservoir Lakes will build will be made under the conditions laid down in the technical and economic documentation, where necessary, approved by the Ministry of Agriculture, food industry and Forestry Economy or Ministry of Water and building materials.


Article 35 this Act comes into force 30 days after its publication in the Official Gazette of the Socialist Republic of Romania.


Article 36 the Decree nr. 43/1954 to regulate fisheries and protection of the Fisheries Fund, reprinted in the Official Gazette nr. 25 of 20 February 1969; Council of Ministers decision No. 184/1954, regulating fisheries management and exploitation of fish tanks, protecting and guarding the Fisheries Fund, published in the collection of decisions and provision of the Council of Ministers No. 11 of 13 February 1954; Council of Ministers decision No. 525/1954 approving Instructions concerning fishing rules published in the collection of decisions and provision of the Council of Ministers No. 22 of 21 April 1954, as amended by the decision of Council of Ministers No. 2264/1954 and any other provisions contrary to this law are hereby repealed.


Annex I Covering the conditions for the exercise of angling angling is allowed only during the day from sunrise to sunset, as follows: a) in mountain waters flowing and standing only one fishing rod with 2 clamps or with a rod;
  

b) in lowland foothills, rivers, lakes and rivers that border on the Danube, including his arms, and the landscaped basins in service General Association of Fishermen Hunting and sportsmen, with no more than 2 poles or 2 rods with 2 clamps each;
  

(c) the Black Sea) with not more than 2 poles or 2 rods with 10 hooks each or 2 taparine with 10 clamps.
  

Angling is practiced on the shore in running waters, and waters, including the Black Sea, from the shore and from the boat; in winter you can practice sport fishing and on the ice.
At angling baits are used natural and artificial. Fishing in the waters of the mountain with salmonids, established by the Ministry of Forest Economy and construction materials shall be permitted only with artificial lures.
During a day of sport fishing may catch a person not more than a total of 10 pieces of indigenous trout, Rainbow, fîntînel, Grayling and whitefish mountain waters with salmonids. In other rivers and stagnant from hills and lowlands of the Danube, the Black Sea and the waters of the mountain, you can catch salmonid species, no more than 3 kilograms, or only one over whether his weight exceeds 3 kg.


Annex 2 Covering the minimum sizes of fish and other aquatic animals that may be fished, as well as minimum mesh sizes of fishing gear with the minimum Dimensions in centimetres-of fish and other aquatic animals that can be caught in fishery pools are as follows:-30-35 carp Pike perch-tench bream 20-20-20-vaduvita-babusca 15-Rudd 15

caras-12-15 15-Larry Verner-Carolyn morunas-20 20-25-barbell barbell vinata 15-20 20-clean common NASE-bleak sabita 16-10-20-trout-Grayling 25-20 65-whitefish lostrita-sprat aterina 7-7-7-Hubert herring Danube 17-7-170 anchovy Beluga Sturgeon-100-140-100 visa barbels-sip-40-110 starlet mullet mullet small 10-16 great Middle mullet-24-mackerel blue small 12-mackerel blue sea 20-horse mackerel 10-rizeafca little big rizeafca 10-15-flounder 20-35 turbot-crayfish knives 9-riu 8-30 g per piece locks Measuring fish for all species is done from the top of the muzzle up to the base of the tail.
Brood fish under the minimum size of the species set out in paragraph 1. 1 will be discharged in the water in the State.
At the industrial fishing conducted in all the puddles in the delta and Danube meadow inundabila, Razelm Sinoe, coastal Lakes, swamps and lakes and rivers for all fishing gear permitted are allowed at a rate below the minimum sizes over 10% counted the number of pieces.
Fishing with waders and pound nets taliene is admitting a percentage over below the minimum sizes of no more than 2% counted the number of pieces.
In the case of pescuirii fish under the legal size in higher percentages than those admitted, who commissioned the fishery pools are required to cease fishing in these places or to replace fishing gear with other larger-meshed gears.
Fishing is permitted at a rate of over under the legal size of total amount fished, 5% for herring from the Danube and 20% for mullet, horse mackerel and mackerel blue.
Other species not listed in paragraph 1. 1 are free fishing to any size.
If it is found that some quantities of over were caught under the dimensions laid down in paragraph 1. 1, they will be received at the collection centres which are obliged to notify within 24 hours the State Inspection bodies for fish farming and fisheries, in order to establish the circumstances in which the fishing has been carried out and to take immediate action which would lead to the removal of calls for such situations.
Minimum mesh sizes in fishing gear are the following: a 24 mm on the Danube), ponds, rivers and lakes, lowlands and foothills of the Danube delta;
  

b) 40 mm Razelm Sinoe, ghiolurile Belciuc, Erenciuc, and coastal Lakes;
  

c) 7 mm at sea fishing off the coast.
  

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