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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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LEGE No. 12 of July 26, 1974 on fish farming and fishing
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 106 of 30 July 1974



Increasing fish production through the intensive use of existing fish areas, better valorisation of land that cannot have other agricultural use and which is suitable for fish facilities, requires the unitary regulation of exploitation, as well as the establishment of basic rules on the attributions and responsibilities for the development of fish farming and fishing in our country. To this end, the Grand National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 In the Socialist Republic of Romania fish farming and fishing are a main economic activity for the superior valorisation of natural waters and those arranged for fish purposes. + Article 2 Natural, flowing and standing waters of the entire territory of the Socialist Republic of Romania, including inland sea waters and territorial sea, and land covered with water as a result of indiguirs or barings of valleys-helestei, ponds, reservoirs-, which serve or provide conditions for the multiplication, growth and fishing of fish, crustaceans or other aquatic animals, are considered, for the purposes of this law, fish pools. They are also considered to be temporarily part of the watersheds waters on the floodplains, only during the period until the withdrawal of the floods, if they offer the conditions provided for in the previous paragraph. The fish pools are divided, in terms of exploitation, in landscaped basins and natural basins. They can be grouped by distinct areas or complexes having their own names. The helesteiele, the ponds, the reservoirs, the flowing mountain waters in which works of fish facilities were carried out and the trout are established fish pools. The other fish pools are considered natural fish pools. + Article 3 The fish stock means the totality of the fish population and the other natural food resources constituted by the aquatic fauna and flora of the fish pools. + Article 4 The fish pools and the fish stock are state property. The fish stock from the fish pools located on the land owned by agricultural production cooperatives shall be exempted. The use of fish pools for purposes other than those shown in art. 1 can only be done on the basis of presidential decree. Land that cannot be used economically for agricultural production and is suitable for fish facilities will be deposed as a priority for this purpose. + Chapter 2 Development of fish farming + Article 5 The Ministry of Agriculture, Food and Water Industry, Ministry of Forestry Economy and Construction Materials, together with the executive committees of the county folk councils and the city of Bucharest, will identify and delimit all wetland, saraturate and other unproductive land suitable for fish farming, in order to create new farms and fish nurseries on the basis of a schedule of facilities, having the responsibility of its execution. The state fish units that will be assigned according to the law the land provided for in the previous paragraph and the agricultural production cooperatives holding such land are obliged to arrange them, directly or through cooperation, for fish farming according to the provisions of the single national economic and social development plan + Article 6 The Ministry of Agriculture, Food and Water Industry, Ministry of Forestry Economy and Construction Materials and Ministry of Education and Education are responsible for conducting studies, research, experimentation and project development. and their realization, ensuring the application of the most efficient technologies, installations, machinery and equipment and the preparation of cadres, in order to achieve in a unified conception of the program of development of fish and fisheries. + Article 7 The state fish units and agricultural production cooperatives on whose lands are located fish pools referred to as fish units, are obliged to: a) to establish and develop directly or through cooperation fish nurseries to ensure the material of folk, for the landscaped and natural fish pools; b) to improve the technology for the production and growth of juveniles and to select fish species with high economic value, to acclimatize new species of fish and to extend fish breeding in the mixture of species, under the law, on the basis of the conclusions resulting from studies, research and experimentation carried out by the research units; c) introduce new technologies for the use of feed and fertilisers and to mechanise fish exploitation operations; d) to carry out current maintenance work on food channels and girls; water springs and fishing areas; e) to carry out works of arrangement, protection and rescue of the fish stock from lakes, puddles and mountain waters; f) to take measures to combat the epizootic and pest-fund pests; g) to organize the exploitation of fish farms in such a way as to ensure the valorization of live and fresh fish all year round; h) to capitalize on the production of the planned fish commodity at the state fund. + Article 8 The ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, which have subordinated units that build and exploit hydropower dams and reservoirs for regularization water flows, irrigation or leisure, are obliged to ensure the execution of the works necessary for the development of fish and fisheries, according to the opinions that will be issued by the Ministry of Agriculture, Food and Water Industry for the waters of ses and Collation and the Ministry of Forestry and Materials of the Construction for mountain waters. + Article 9 Enterprises, institutions, state and cooperative economic organizations that use water from fish pools for purposes other than the fish stock are obliged to: a) to install devices to prevent the entry of fish from fish pools into the water supply system for irrigation and industries, according to the opinion of the specialized county bodies; b) take measures to clean the fishing areas and to protect and save the fish stock from the emptying of reservoirs; c) to ensure the flow of water necessary for the normal development of fish fauna downstream from reservoirs according to approved technical-economic documentation; d) to build in the flowing waters of spurs for water abatement, passersby for fish and any other works necessary for the protection of fish. The Ministry of Agriculture, Food and Water Industry and the Ministry of Forestry and Construction Materials will establish the technical conditions for the execution of the works provided in lett. a)-d) and will follow their compliance. + Article 10 The Ministry of Agriculture, Food and Water Industry and the Ministry of Forestry and Construction Materials are responsible for the protection and development of valuable species of fish-sturgeon, Danube mackerel, mullet and lostrita-and will adopt modern growth technologies, based on studies and scientific research, in which purpose will take measures to: a) the arrangement of natural breeding areas of sturgeon; b) establishment of resorts for the production of sturgeon brood and lostrita; c) acclimatization, under the law, of new species of sturgeon adaptable to growth in the waters of the Danube and the salmastre; d) the organization of centers for the multiplication and increase of the mullet; e) construction execution to prevent the escape of valuable fish in the Black Sea. + Article 11 The Ministry of Electricity has the obligation to ensure at the new hydropower dams on the Danube the concomitant execution of special constructions allowing the passage of sturgeon reproducers and downstream ashtrays upstream of dams, as well as to prevent the destruction of fish. + Article 12 The fish basin holding units are responsible for ensuring the armed guard and the protection of the fish stock under the conditions provided by law. + Chapter 3 Fishing exercise + Article 13 By fishing for the purposes of this law, it is understood to catch fish and other aquatic creatures on the basis of authorization in places, periods, with tools and in the dimensions allowed by law, for industrial, scientific or sports purposes. + Article 14 Industrial fishing is understood to catch fish and other aquatic creatures by the authorized personnel of the economic units exploiting the fish pools. + Article 15 Fishing for any fish species or other aquatic animals for scientific purposes, for artificial culture or restocking, and for the protection of the fish stock, may be carried out at any time, place and with any tools or methods, with authorization prior, as the case may be, of the Ministry of Agriculture, Food and Water Industry or the Ministry of Forestry and Construction Materials. + Article 16 Sport fishing is understood to be fishing for recreational purposes by any person, member of the General Association of Winners and Sports Fishers, on the basis of a permit issued by it, for the basins and fish areas it has in Use. Also, sport fishing can be exercised on the basis of authorization issued by the Ministry of Forestry and Construction Materials for basins under the direct administration of subordinate units, except for trout, with paying legal fees. Sport fishing shall be exercised under the conditions laid down in Annex no. 1, which is an integral part of this law. + Article 17 The exercise of fishing of any kind in the fish pools will be done in compliance with the following rules: A. Periods and areas of prohibition of fishing Fishing for any fish species, crustaceans, molluscs and other aquatic creatures shall be prohibited as follows: a) in the waters of the hills, the lowlands and the Danube with its delta, 60 consecutive days in the period from 1 April to 30 June; b) in the Razelm-Sinoe Complex, the Belciuc, Erenciuc and the seaside lakes, in the period from April 1 to June 30. In the reeds of the Razelm-Sinoe Complex and in front of them on a distance of 50 meters to the sea, as well as in Lake Zmeica, throughout the year; c) in the Danube in front of the pools, canals and food deprivation of the puddles, for a distance of 500 meters from both sides of the mouths, and inside them, in the period from March 15 to June 15; d) at the mouth in the Danube of the rivers Siret, Ialomita, Arges, Olt and Jiu, for a distance of 1 kilometer on both sides of the mouths and on the course of these rivers for a distance of 10 kilometers from the confluence, in the period from March 1 to July 1; e) in front of the mouth of the Danube-the melee of Sfintu Gheorghe-until Ciotic, in the period from April 1 to July 31; downstream of Ciotic, based on the research to be carried out, the Ministry of Agriculture, Food and Water Industry will fix annually prohibition of fishing with talians; f) with nets of any type in the delta and floodplain of the Danube in the period from April 15 to September 15, and in the Razelm-Sinoe Complex and the Belciuc and Erenciuc ghiols in the period from April 1 to October 1; g) in mountain waters, for indigenous trout, fintinel and coregon, in the period from September 15 to April 30; for rainbow trout, lipan and lostrita in the period from January 1 to May 31. B. Limitation of fishing for certain fish species Fishing shall be prohibited: a) sturgeon and scrumbia throughout the year in front of the mouths of the Danube in the sea on a depth of 5 kilometers in the open sea and on a corridor of 2 kilometers counted as 1 kilometer on one side and another of the axis of the holy arms Gheorghe and Sulina. In front of the Chilia arm, the width of the forbidden corridor is 1 kilometer south of the arm's axis, and to the north to the limit of the Romanian territorial waters; b) sturgeon in the whole year, with carmace and carts in the Danube fairway, including its arms, and in the seaside area in the period from February 15 to May 15 with carmace and ohane; c) sturgeon in the following places and periods: -in the Black Sea sector to the mouth of the Prut, in the period from March 15 to April 15; -in the sector from the mouth of the Prut to the mouth of Timocului, in the period from April 15 to May 15; -in the mouth sector of Timocului to Cladova, in the period from May 15 to June 30; d) Danube mackerel in the following places and periods: -in the Black Sea sector to Ismail Ceatalul, 5 consecutive days, from March 15 to May 1; -in the district of Ismail-Vadul Oii, 20 consecutive days, in the period from April 1 to May 15; -in the Vadul Oii sector to the mouth of Timocului, 30 consecutive days, in the period from April 15 to July 1; e) lostrita, without special authorization issued by the Ministry of Forestry and Construction Materials; f) with metal baits and artificial fish in rivers populated with lostrita. C. Prohibited fishing gear and methods The following fishing gears and methods shall be prohibited: a) fixed gillnets in the marine coastline; b) gillnets and aves of any type in the Razelm-Sinoe Complex, the Belciuc, Erenciuc and the seaside lakes; c) electric fishing, with explosive materials, as well as with narcotic substances of any kind; d) fishing for breeding animals during the prohibition period, by any means, or destruction of fish eggs, during the same period, in areas of natural reproduction; e) fishing of juveniles and breeding fish from nurseries and fish farmers, for purposes other than restocking or industrial fishing; f) fishing of sturgeon under the legal dimension for purposes other than restocking; g) catching fish with fishing gear from the net, in mountain waters. + Article 18 Periods of prohibition of fishing provided for in art. 17 lit. A can be extended by the Ministry of Agriculture, Food and Water Industry for the hills, lowland and Danube waters with its delta and the Ministry of Forest Economy and Construction Materials for mountain waters, depending on the conditions hydrometeorological The Ministries provided for in the preceding paragraph may prohibit fishing of fish species for the purposes of the protection and restoration of the fish stock in certain periods. The Ministry of Agriculture, Food and Water Industry will be able, under entirely exceptional hydroclimatic conditions, to overtake or extend the prohibition data of fishing, maintaining the total number of days provided for in art. 17 lit. A lit. a)-f) and art. 17 lit. B lit. d). + Article 19 For the flowing waters constituting the state border, the prohibition periods and the fishing rules will be determined in accordance with the international conventions concluded with the other riparian states. + Article 20 Prohibited: a) moving, damaging or destroying signs placed in the range of fish pools; b) the establishment of fixed or floating fishing gear on more than two thirds of the breadth of the river, of the fishing grounds or channels; c) harvesting of the reed, papure, rogoz or grass of the fish pools, without the authorization of the fish establishment; d) circulation with motor boats in the pools of the Danube delta and the Danube meadow and the Razelm-Sinoe Lakes Complex. It exempts the traffic on the waterways and those of access to the localities that have no other communication routes and the movement with boats by the organs of the Ministry of Interior, the Ministry of National Defence and those who have the authorization special of the Ministry of Agriculture, Food and Water Industry for these areas; e) traffic with motor vehicles, removal of wood material through mountain water beds, as well as motor boat traffic in natural mountain lakes without authorization of the Ministry of Forestry Economy and Construction Materials; f) closure with fences, hasty or fishing gear of any kind of connecting girls, puddles and floodplains, if by this the access of fish during water floods is prevented, as well as the drainage of the waters from them. Exceptions are the fishing and stuficole closures in the Danube delta and meadow in the periods of floods, in the places and conditions established by the Ministry of Agriculture, Food and Water Industry; g) the introduction to grazing of animals, their watering and circulation with any means of transport in the premises and on the levees of helesters, ponds, nurseries and trout, in any period, without the authorization of the fish unit. In the other pools and in the natural fish pools, the introduction of animals and their watering during the prohibition of fishing are allowed only in the places established and marked by the fish units; h) the cessation, the deviation, the twisting of a flowing water or its leakage in part or in its entirety for any purpose, without the consent of the fish establishment; i) reducing the flow of water in fish pools if the existence of fish fauna is endangered; j) opening, closing or shuttering of canals in fish pools and handling of hydrotechnical installations of any kind, other than that established by technical norms by the Ministry of Agriculture, Food and Water Industry; k) destruction or degradation of embankments, dams and seagull channels, soles and grassy banks; l) the introduction of other fish species than those existing in the fish pools, without the opinion of the Ministry of Agriculture, Food and Water Industry, respectively of the Ministry of Forestry and Construction Materials; m) carrying out the works of hydrogeological drilling in fish pools without the authorization of the fish unit; n) holding with any title of navoade, voloace, setci, ave, prostovpots, virse, by unauthorized individuals. + Article 21 The minimum sizes of fish and other aquatic animals which may be fished and the minimum sizes of fishing gear shall be laid down in Annex no. 2, which is an integral part of this law. + Article 22 The fish units will delimit and mark with visible signs the areas of protection of fish where fishing is prohibited or other restrictive norms are applicable. Also, the General Association of Winners and Sports Fishers will mark, delimit and display the conditions and areas where sport fishing is exercised. + Chapter 4 Organisation of fisheries and fisheries + Article 23 The unitary guidance of fish activity is exercised by the Ministry of Agriculture, Food and Water Industry; the guidance of fish activity in mountain waters is exercised together with the Ministry of Forestry and Materials Construction. The responsibility for fish activity in the hills, lowland and maritime waters lies with the Ministry of Agriculture, Food and Water Industry, and for mountain waters, the Ministry of Forest Economy and Construction Materials, which together with the executive committees of the county folk councils and the city of Bucharest will ensure the implementation of the fish and fisheries development program provided for in the single national economic and social development plan. + Article 24 The Ministry of Agriculture, Food and Water Industry and the Ministry of Forestry and Construction Materials are responsible for the administration and exploitation of the state property fish fund, according to the distribution of established fish pools by decision of the Council of Ministers. The state-owned fish pools distributed to the Ministry of Agriculture, Food and Water Industry will be administered directly by county state fish enterprises, except for the Danube Delta fish pools under management. direct of the units subordinated to the "Danube Delta" Central; those assigned to the Ministry of Forestry and Construction Materials, by the county forestry inspectorates. Where the fish areas do not justify the establishment of undertakings according to the previous paragraph and until the arrangement of the areas allowing the organisation of a specialised company, farms will be organised within the undertakings fish from bordering counties. + Article 25 The Ministry of Agriculture, Food and Water Industry and the Ministry of Forestry and Construction Materials can put into use the fishery of the General Association of Winners and Fishers of pools or areas of the fish pools natural. Their assignment is made on the basis of contracts, concluded for the duration determined according to the facilities and other works provided for in art. 7 to be executed by the association. Contracts concluded until the date of entry into force of this Law shall retain their validity, being adapted according to the provisions of the law. For the fish pools put into use will be broken down from the plan of the Ministry of Agriculture, Food and Water Industry and the Ministry of Forestry and Construction Materials plan tasks for the General Association of Winners and Sports Fishers, on the delivery of fish to socialist organizations in relation to the possibilities of exercising industrial fishing in these basins and taking into account the requirements of the development of sport fishing. + Article 26 For the guidance and control of fish activity, the Ministry of Agriculture, Food and Water Industry, the State Inspection for Fisheries and Fisheries are established. The organization and functioning of the State Inspection for Fisheries and Fisheries shall be established by decree of the State Council. + Chapter 5 Liabilities and penalties + Article 27 Violation of the provisions of this law attracts, as the case may be, disciplinary, contravention, criminal, material or civil liability. + Article 28 It is a crime and is punishable by imprisonment from 3 months to 2 years or with a fine: a) electric fishing, with explosive materials, as well as with narcotic substances of any kind; b) fishing for breeding animals during the prohibition period by any methods, or destruction of fish eggs during the same period, in areas of natural reproduction; c) fishing of juveniles and breeding fish from nurseries and fish farmers for purposes other than restocking or industrial fishing; d) fishing for sturgeon under the legal dimension, for purposes other than restocking; e) the reduction of water flow in areas or pools for the illicit harvest of fish; f) procuring in illicit conditions fish and eggs in fishing areas; g) holding with any title of navoade, voloace, setci, ave, prostovpots, virse, by unauthorized individuals. The attempt is punishable in the case of the crimes provided in a)-e). The destruction of fish eggs during the period of prohibition in areas of natural reproduction, enjoyed at fault, is punishable by imprisonment from one month to 1 year or with a fine. + Article 29 The facts provided in art. 28 lit. a), b), c) d) and e) if they are enjoyed during the night, or 2 or more people together, they are punished with imprisonment from 1 to 4 years. The attempt is punishable. + Article 30 Finding of the facts constituting the crimes provided in art. 28 and 29 are done, apart from the prosecution bodies, and the powers of the Ministry of Agriculture, Food and Water Industry for all fish pools, the powers of the Ministry of Forestry Economy and Construction Materials. for the fish pools assigned to this ministry and the powers of the General Association of Winners and Sports Fishers for the basins and basins given in its use, which, on the basis of the acts concluded, will refer the Prosecution. + Article 31 The acts constituting contraventions to the fishing rules and the protection of the fisheries fund and the applicable sanctions shall be determined by the decision of the Council of Ministers. Contravention sanctions can also be applied to legal entities. + Chapter 6 Final provisions + Article 32 The Ministry of Agriculture, Food and Water Industry and the Ministry of Forestry and Construction Materials and the General Association of Athletes and Sports Fishers will be able to award prizes to those who will particularly highlight themselves. combating poaching, finding contraventions and notifying the commission of the crimes provided for in this law. + Article 33 Fishermen framed in the fish units in the delta and the Danube meadow, the Razelm-Sinoe Complex and the coastal waters, who individually realized the monthly production plan, have the right to buy, in the next month, from the units where they are employed, for Own consumption, the following quantities of fish, except sturgeon: -10 kilograms over monthly, fishermen working in the puddles of the Danube and the Danube delta, as well as in the Razelm-Sinoe; -15 kilograms of fish monthly, fishermen operating in the coastal waters. Buying is done at the production price. The rights referred to in the preceding paragraphs shall also benefit the seafarers serving the fishing brigades, if the brigade of which it is a party has completed its monthly production plan for that month. + Article 34 The use of water from the existing natural basins and reservoirs, for the growth of fish, is done free of charge. The use of water for fish farming in the reservoirs that will be built will be made under the conditions provided in the approved technical-economic documentation, as the case may be, by the Ministry of Agriculture, Food and Water Industry or the Ministry of Economy Forestry and Construction Materials. + Article 35 This law shall enter into force 30 days from the date of publication in the Official Bulletin of the Socialist Republic of Romania. + Article 36 Decree no. 43/1954 for the regulation of fishing and protection of the fish stock, republished in the Official Bulletin no. 25 25 of 20 February 1969; Decision of the Council of Ministers no. 184/1954 on the regulation of fishing, administration and exploitation of fish pools, protection and security of the fish stock, published in the Collection of Decisions and provisions of the Council of Ministers no. 11 11 of 13 February 1954; Decision of the Council of Ministers no. 525/1954 for the approval of the Instructions on fishing rules published in the Collection of Decisions and provisions of the Council of Ministers no. 22 22 of 21 April 1954, as amended by Decision of the Council of Ministers no. 2264/1954 and any other provisions contrary to this law shall be repealed. + Annex 1 Encompassing the conditions for the exercise of sport fishing Sport fishing is allowed only during the day from sunrise to sunset, as follows: a) in the flowing mountain waters and staters only with a single rod with no more than 2 cirlige or with a launcher; b) in the hills, the lowlands, the inland lakes and in the border rivers, throughout the Danube, including its arms, and in the basins set up in the use of the General Association of Winners and Sports Fishers, with no more than 2 fishing rods or 2 launch with 2 cirlige each; c) in the Black Sea with no more than 2 waves or 2 launchers with 10 cirlige each or 2 taparins with 10 cirlige. Sport fishing is practiced from the shore in the flowing waters, and in the standing waters, including the Black Sea, from the shore and from the boat; in winter the sport fishing can also be practiced from the ice. Natural and artificial baits are used in sport fishing. When fishing in mountain waters with salmonids, established by the Ministry of Forest Economy and Construction Materials, only artificial baits are allowed. During a sports fishing day you can catch by a person no more than 10 pieces in total of the indigenous trout species, rainbow, fintinel, lipan and coregon in mountain waters with salmonids. In the other flowing waters and staters in the cholinary and lowland area, the Danube, the Black Sea and mountain waters without salmonids, one can catch no more than 3 kilograms or only one fish if his weight exceeds 3 kilograms. + Annex 2 Encompassing the minimum sizes of fish and other aquatic animals that may be fished, as well as the minimum sizes of fishing gear meshes The minimum dimensions-in centimeters-of fish and other aquatic animals that can be fished in fish pools are as follows: -carp --salau 35 --bream 20 --lin 20 -widowed 20 -babusca 15 -rosioara 15 --caras 12 --caracuda 15 -batter 15 --cosac 20 --morunas 20 --mrean 25 -mrean vinata 15 -scobar 20 --clean 20 --sabita 16 -oblete 10 --trout 20 --lipan 25 -lostrita 65 --coregon 20 --sprot 7 -landing 7 -gingerly 7 --scrumbie Dunare 17 --anchovy 7 --morun 170 -nisetru 140 -trout 100 --visa 100 --sip 110 --cega 40 -small mullet 10 -middle chefal 16 -chefal mare 24 -small blue mackerel 12 -large blue mackerel 20 --stavrid 10 -small rizeafca 10 -high rizeafca 15 --flounder 20 --turbot 35 --crayfish 9 --clam de riu 8 --frogs 30 grams piece The measurement of fish for all species is made from the tip of the muzzle to the base of the tail. Juveniles and fish under the minimum size of the species set out in paragraph 1. 1 will be compulsorily discharged into the water, in living condition. In industrial fishing carried out in all the puddles of the Danube delta and floodplain, the Razelm-Sinoe Complex, the coastal lakes, the puddles and the inland lakes and in the rivers, for all the gear admitted to fishing, is allowed a percentage of fish under the minimum dimensions of not more than 10% counted in the number of pieces. A percentage of fish below the minimum size of not more than 2% shall be admitted to fishing with vines and talian waters. In the case of fish fishing under the legal dimensions in higher percentages than those admitted, establishments operating fish pools are obliged to stop fishing in these places or to replace fishing gear with other tools. Larger meshes. A percentage of fish under the legal dimensions of the total quantity fished, 5% for the Danube mackerel and 20% for mullet, horse mackerel and blue mackerel, is admitted to marine fisheries. Other species not mentioned in par. 1 are free to fish at any size. If it is found that some quantities of fish have been fished below the dimensions referred to in paragraph 1. 1, they will be received at the collection centers that have the obligation to notify in no more than 24 hours the state inspection bodies for fish farming and fishing, in order to establish the circumstances in which the fishing was carried out and the taking of immediate measures leading to the removal of the repetition of such situations. The minimum mesh sizes of fishing gear shall be as follows: a) 24 millimetres at the Danube, puddles, lakes, hills and lowlands and in the Danube delta; b) 40 millimetres in the Razelm-Sinoe Complex, the Belciuc, Erenciuc and the seaside lakes; c) 7 millimetres in coastal marine fisheries. ---------------------