LEGE no. 192 192 of 19 April 2001 (* republished *) (** updated) on living aquatic resources, fishing and aquaculture * ***) ((updated until 12 May 2006 * *)
ISSUER
PARLIAMENT
----------- * *) Republicated pursuant to art. III of Government Emergency Ordinance no. 76/2002 to amend and supplement Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, published in the Official Gazette of Romania, Part I, no. 455 of 27 June 2002, giving the articles a new numbering. Law no. 192/2001 on the fisheries, fisheries and aquaculture fund was published in the Official Gazette of Romania, Part I, no. 200 200 of 20 April 2001 and was subsequently amended and supplemented by Government Emergency Ordinance no. 76/2002 , published in the Official Gazette of Romania, Part I, no. 455 of 27 June 2002, approved with amendments by Law no. 42/2003 , published in the Official Gazette of Romania, Part I, no. 51 51 of 29 January 2003. ------------ **) The initial text was published in the OFFICIAL GAZETTE no. 627 627 of 2 September 2003. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until May 12, 2006, with the amendments and additions made by: LAW no. 481 481 of 12 November 2003 ; LAW no. 298 298 of 28 June 2004 ; EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 ; LAW no. 113 113 of 5 May 2005 ; EMERGENCY ORDINANCE no. 13 13 of 22 February 2006 ; LAW no. 116 116 of 4 May 2006 . *** ***) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004 in the title and in the Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, republished, with subsequent additions, the words: "central public authority for agriculture, food and forestry", "fish farming", "fish stock", "aquatic animals" are replaced by the following phrases: "the central public authority responsible for fishing and aquaculture", "aquaculture", "living aquatic resources" and "aquatic life". + Title I General provisions + Article 1 ((1) The present law regulates the conservation, administration and exploitation of living aquatic resources, aquaculture activity, as well as the processing and marketing of fishery and aquaculture products, when these activities are carried out: ... a) on Romanian territory; ... b) in the Romanian maritime waters, by ships flying the Romanian flag or vessels flying the flag of other states; ... c) in the national waters of other states or on the high seas, by ships flying the Roman flag. ... (2) The present law sets out measures concerning: ... a) organisation and administration of the fisheries sector; ... b) conservation and exploitation of living aquatic resources; ... c) structural policy and management of fishing fleet capacity; ... d) aquaculture; ... e) organization of the fishery products market; ... f) scientific research in fisheries; ... g) control and compliance with regulations; ... h) international relations; ... i) liabilities and sanctions. ... (3) This law represents the general regulatory framework, on the basis of which secondary legislation for the fisheries sector is issued. ... -------------- Article 1 has been amended by section 1. 1 1 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 2 Objectives of this Law are: a) pursuing a sustainable exploitation of living aquatic resources from natural fish pools, fostering sustainable development and taking the necessary measures to preserve and regenerate these aquatic resources and ecosystems; ... b) protection of living aquatic resources, which are found in protected areas, in accordance with the specific regulations in this field; ... c) development of aquaculture activity; ... d) improving the conditions for the achievement of fishing and aquaculture activities, as well as the standard of living of producers; ... e) stimulation of the association; ... f) stimulation of the consumption of fishery products, in particular of surplus and/or underexploited; ... g) stimulating responsible trade, contributing to the conservation of living aquatic resources; ... h) improving the quality of fishery products, market transparency and consumer information; ... i) stimulation of scientific research in fisheries; ... j) protection of living aquatic resources, through the activities carried out within the perimeter of the Biosphere Reserve "Danube Delta", which are subject to its specific regulations. ... -------------- Article 2 has been amended by section 2. 2 2 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 2 has been amended by section 2. 1 1 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Letter d) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 3 For the purposes of this Law, they shall 1. Natural fish pools: a) Territorial Danube, Delta and floodplain of the Danube; ... b) the Razelm-Sinoe lagoon complex and the seaside lakes; ... c) the streams and rivers of the mountain, the hills, the lowlands and their floodplains; ... d) Baltics and natural lakes; ... e) reservoirs, with their flood areas, where fishing is practised; ... f) the network of bus channels in the hydroameliorative, navigation and hydropower systems; ... g) limit of territorial waters and exclusive economic zone of the Black Sea; ... 2. landscaped fish pools: a) the helesteias; ... b) ponds with their floodplains; ... c) storage; ... d) floating vipers; ... e) artificial reproduction stations; ... f) installations for superintensive growth; ... g) reservoirs where aquaculture is practised. ... -------------- Article 3 has been amended by section 3. 3 3 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 4 For the purposes of this Law, the terms used are defined as follows: a) aquaculture-assembly of processes and techniques aimed at reproducing and/or breeding fish and other aquatic creatures; ... b) administrator-legal person of public interest, to whom the State entrusts the management of the natural fish fund; ... c) fish farming-basic unit of aquaculture, represented by helesteu, pond, buoyant viviera, artificial breeding station or other aquaculture facilities; ... d) continental waters-the waters situated on the territory of Romania, with the exception of inland sea waters and territorial sea; ... e) Romanian maritime waters-the maritime waters in which Romania exercises sovereign rights and jurisdiction, in accordance with the provisions of the national legislation and the provisions of the international agreements and conventions to which Romania is a party; ... f) total allowable catch (TAC)-quantity of fish or other aquatic life, belonging to a particular species or group of species, expressed in kilograms or in number of specimens, which can be obtained annually from living aquatic resources, without affect the ability of natural regeneration; ... g) catches-the quantity of fish or other aquatic animals fished or harvested from sea or continental waters, expressed in kilograms or in number of specimens; ... h) quota-part of the total allowable catch of each species or group of species, which shall be established annually to natural or legal persons authorised to carry out commercial fishing activities; ... i) fish stocks-the totality of fish, clams, frogs and other aquatic creatures, existing in the landscaped fish pools; ... j) fishing effort-product of capacity and activity of a fishing vessel/boat; when it comes to a group of vessels/boats, the sum of all fishing effort of all vessels/boats belonging to that group; ... k) sustainable management-exploitation of living aquatic resources, through appropriate fishing methods and processes, at a level that does not have long-term negative consequences for the biodiversity of marine and continental ecosystems; ... l) the file of vessels and fishing boats-register in which all fishing vessels and boats are registered, by category, size, engine power, types of fishing activities and technologies, fishing grounds, owners; ... m) fish inspector-a natural person carrying out inspection and inspection activities, for ascertaining compliance with regulations in the field of fisheries and aquaculture; ... n) fishing logbook-register on board fishing vessels/boats, in which the fishing effort and catch data are recorded on a daily basis, with their corresponding species classification; ... a) the auxiliary fishing vessel-any vessel or craft, which is not directly involved in the fishing activity, but serves fishing vessels, aquaculture facilities or passive fishing facilities; ... p) fishing vessel-vessel not engaged in fishing activity, which is intended for the control and surveillance of fishing activity; ... q) the fishing vessel-any vessel or craft equipped for the commercial exploitation of living aquatic resources; ... r) professional fisherman-the person attested, according to the law, to exercise fishing for commercial purposes; ... s) sports fisherman-a natural person who practices recreational/sports fishing on the basis of a permit; ... t) fishery-assembly of activities concerning fishing, aquaculture, processing and marketing of fish; this term may also define a segment of this whole species or group of species; ... u) illegal fishing-fishing without complying with fishing regulations; ... v) marine fisheries-fishing activity in maritime waters, involving a set of measures to protect, preserve and regenerate living aquatic resources; ... w) fish grower-natural person attested to carry out works in aquaculture farms; ... x) fishing opportunity-legally quantified fishing rights, expressed in catches or fishing effort; ... y) living aquatic resources-fish species and other marine and continental aquatic creatures, available and accessible; ... z) fishing gear-tools, tools and equipment used in marine fisheries and in continental waters. ... -------------- Article 4 has been amended by section 4. 4 4 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Letter k) of art. 4 4 has been amended by section 4.2 2 2 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 5 Living aquatic resources from natural fish pools are of national or local interest. -------------- Article 5 has been amended by section 6.6. 5 5 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 6 Repealed. -------------- Article 6 was repealed by point (a). 6 6 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 7 ((1) Responsibility for the definition and implementation of the strategy and policy relating to the conservation and management of living aquatic resources, existing in marine and continental waters, aquaculture, the organization of the fishery products market, the fishing and aquaculture structures shall lie with the central public authority responsible for fishing and aquaculture. ... (. The central public authority responsible for fishing and aquaculture shall finance expenditure on the achievement of the objectives and actions set out in the strategy. ... -------------- Article 7 has been amended by section 7. 7 7 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 7 has been amended by section 7. 2 2 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 7 has been amended by section 7. 3 3 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Title I ^ 1 Reorganisation of the fisheries sector ------------ Title I ^ 1 was introduced by item 1. 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 7 ^ 1 For the development of the national strategy and regulations relating to the conservation and management of living aquatic resources, existing in marine and continental waters, aquaculture, the organisation of the fishery products market, the fishing structures and aquaculture, as well as for the implementation and control of their application and compliance, shall be established the National Agency for Fisheries and Aquaculture, a public institution of national interest, with legal personality, subordinated to the authority central public responsible for fishing and aquaculture. ------------ Article 7 ^ 1 has been introduced by item 1. 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 7 ^ 1 has been amended by section 1. 4 4 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 7 ^ 2 The headquarters of the National Agency for Fisheries and Aquaculture is in Bucharest and is provided by the Ministry of Agriculture, Forestry and Rural Development. ------------ Article 7 ^ 2 was introduced by the section 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 7 ^ 3 The National Agency for Fisheries and Aquaculture has the following main duties and responsibility: a) develop the necessary strategy and policies in the field of fisheries and aquaculture; ... b) coordinate and monitor fishing and aquaculture activity; ... c) establish the methodology for assessing living aquatic resources and annual allowable fishing quotas; ... d) keep the Register of aquaculture production units; ... e) develop draft regulations on access to living aquatic resources; ... f) coordinates and monitors the privatization of commercial companies with fish profile and the concession of land on which the fish facilities located in the portfolio of the National Agency for the Administration of the Fisheries Fund are located; ... g) carry out control and inspection activities; ... h) keep the file of vessels and fishing boats; ... i) collaborate with ministries and specialized bodies, local public administration authorities and other internal and international bodies involved in fishing and aquaculture activity; ... j) issue the notice of recognition for producers ' organizations in the field of fisheries and aquaculture based on the criteria established by order of the Minister of Agriculture, Forestry and Rural Development; ... k) performs the function of management authority of the structural policy in the field of fisheries and aquaculture; l) regulates the market of fishery products; ... m) accredits educational and research institutions and non-governmental professional associations for the assessment and estimation of living aquatic resources; ... n) organize training courses, seminars, conferences, debates and fish consulting. ... ------------ Article 7 ^ 3 was introduced by the section 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 7 ^ 3 has been amended by section 3. 4 4 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 7 ^ 4 The National Fisheries and Aquaculture Agency is headed by a President with the rank of Managing Director, appointed by order of the Minister of Agriculture, Forestry and Rural Development. ------------ Article 7 ^ 4 has been introduced by section 4. 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 7 ^ 5 *) The organization and functioning of the National Agency for Fisheries and Aquaculture, heritage, specialized means of transport, as well as the maximum number of posts are approved by Government decision. ------------ Article 7 ^ 5 was introduced by the section 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. * *) art. II, para. (1) of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 of 28 September 2004, the provisions art. 7 ^ 5 of Law no. 192/2001 , republished, with subsequent amendments and completions, shall be carried out within 30 days of the entry into force of this emergency ordinance. + Article 7 ^ 6 Staff of the National Fisheries and Aquaculture Agency shall consist of civil servants and contract staff. ------------ Article 7 ^ 6 was introduced by the section 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 7 ^ 7 The salary of the staff of the National Agency for Fisheries and Aquaculture is made according to the legal provisions on salary rights and other rights of public officials in public institutions of national interest. ------------ Article 7 (7) was introduced by section 7. 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 7 ^ 7 has been amended by section 7. 4 4 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 7 ^ 8 The financing of current and capital expenditures of the National Agency for Fisheries and Aquaculture is provided from the state budget through the budget of the Ministry of Agriculture, Forestry and Rural Development. ------------ Article 7 ^ 8 was introduced by the section 3 3 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Title II Fishing in natural basins and fishing authorisation + Chapter I Administration and exploitation of the fisheries fund + Article 8 (1) For the sustainable management of living aquatic resources belonging to the public domain of the state, the National Agency for the Administration of the Fisheries Fund, public institution with legal personality, with financial and commercial character, shall be established, with extra-budget funding, subordinated to the central public authority responsible for fishing and aquaculture. ... (2) The administrative headquarters of the National Administration Company of the Fisheries Fund is in Bucharest. ... (3) The Regulation on organization and functioning of the National Administration of the Fisheries Fund, as well as its patrimony, is approved by order of the Minister of Agriculture, Forestry and Rural Development. ... ------------ Article 8 has been amended by section 6.6. 5 5 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 9 (1) The National Management Company of the Fisheries Fund manages goods of the nature of those provided for in art. 136 136 para. (3) of the Constitution, republished, and in Law no. 213/1998 on public property and its legal regime, with subsequent amendments and completions. ... (2) The National Company for the Administration of the Fisheries Fund shall be subroted to the State Domains Agency with regard to the rights and oblibations resulting from the contracts concluded by the State Domains Agency with contracting agents holding in exploitation or management of fisheries, as well as those who have concluded joint venture contracts. *) ... (3) The National Agency for the Administration of the Fisheries Fund will conclude additional acts with the contracting agents, as well as with those who have concluded joint venture contracts, within 30 days from the takeover of the contracts provided for in para. ((2). ... (4) The National Agency for the Administration of the Fisheries Fund takes over free of charge the actions that the State Domains Agency holds at the commercial companies with fish profile, the land on which the fish facilities are located, as well as other land related to fish facilities owned by the State Domains Agency, based on a takeover protocol approved by order of the Minister of Agriculture, Forestry and Rural Development. *) ... (5) The National Administration Company of the Fisheries Fund is subroted to the National Administration "Romanian Waters" regarding the rights and oblibations resulting from legal contracts concluded with economic agents that have as their object of activity fishing for commercial or recreational/sporting purposes and will conclude a convention for the establishment of economic conditions of cooperation. ... (6) The National Fisheries Fund Management Company is headed by a 5-member board of directors, appointed by order of the Minister of Central Public Authority responsible for fisheries and aquaculture; one of the members is appointed to serve as President. A representative of the Ministry of Public Finance is also appointed to the board of directors. ... (7) The term of office of the members of the board of directors shall be determined by appointment order and shall not be more than 4 years. ... (8) The salary of the members of the board of directors and of the staff of the National Company for the Administration of the Fisheries Fund shall be made in accordance with the legal regulations ... ----------- * *) art. II, para. (2) of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 of 28 September 2004, the provisions art. 9 9 para. ((3) of Law no. 192/2001 , republished, with subsequent amendments and completions, shall be carried out within 15 days of the entry into force of this emergency ordinance. Alin. ((2) art. II of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 of 28 September 2004 was amended by section 6.6. 21 21 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 of 10 May 2005, and provides: " (2) Provisions of para. ((2) and (4) of art. 9 9 of Law no. 192/2001 , republished, with subsequent amendments and completions, shall be carried out within 15 days from the entry into force of the law approving this emergency ordinance. " ----------- ** **) art. 1 1 para. (1) of Government Emergency Ordinance no. 107/2002 , published in the Official Gazette of Romania, Part I, no. 691 of September 20, 2002, the National Administration "Apele Române" was established by the reorganization of the National Company "Apele Române"-S.A. and by taking over the activity of hydrology, hydrogeology and water management from the National Company "National Institute of Meteorology, Hydrology and Water Management"-S.A. ----------- Article 9 has been amended by section 6.6. 8 8 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Alin. ((2) and (3) of art. 9 9 have been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 9 has been amended by section 6.6. 6 6 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 10 The National Administration Company of the Fisheries Fund has the following main tasks: a) apply the national strategy for the sustainable management of living aquatic resources; ... b) privatizes the commercial companies with fish profile and/or the fish facilities it has in its portfolio; ... c) leases the land on which the fish facilities in the public or private domain of the state are located; ... d) develop the specifications for privatization and/or concession; ... e) repealed; ... f) carry out any other activities established by the central public authority responsible for fishing and aquaculture. ... ------------ Article 10 has been amended by section 10. 5 5 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 10 has been amended by section 10. 7 7 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. Letter e) of art. 10 10 has been repealed by letter b) art. 18 of EMERGENCY ORDINANCE no. 13 13 of 22 February 2006 ,, published + Article 11 (1) The incomes collected by the National Administration Company of the Fisheries Fund shall be transferred semi-annually to the state budget after deducting the own expenses approved by the revenue and expenditure budget. ... (2) It constitutes income received by the National Administration Company of the Fisheries Fund the following: ... a) revenue from the collection of the royalty, according to the contracts for the concession of living aquatic resources, the land on which the fish facilities, the goods, the activities and the specific services are located; ... b) revenues received from the sale of shares issued by the companies in the portfolio of the National Company for the Administration of the Fisheries Fund; ... c) incomes collected from the sale of assets with fish destination of the patrimony of the National Company for the Administration of the Fisheries Fund ... d) tariffs for the conduct of aquaculture activity in natural fish pools; ... e) incomes obtained from lease contracts, as well as those obtained under other contracts; ... f) revenues from commercial activities; ... g) income from bank interest; ... h) dividend income; ... i) incomes made from the sale of specifications and presentation files; ... j) rental income; ... k) Other income. ... (3) The financing of current and capital expenditures of the National Company for the Administration of the Fisheries Fund shall be fully ensured from its own income. ... (4) Constituent expenses of the National Administration Company of the Fisheries Fund the following: ... a) expenses for the financing of popular and restocking programs; ... b) expenditure for the financing of research activity, for the protection of living aquatic resources, for the establishment of total allowable catches, for promotion and marketing studies of fishery products; ... c) expenditure to finance the construction of the necessary infrastructure ... d) expenses related to the payment of fees for consultants, offices or professional law firms; ... e) expenses related to the launch of the offer of sale on the capital market, including commissions and fees; ... f) costs involved in the operational closure, reorganization and/or liquidation of commercial companies with fish profile; ... g) payment of evaluation reports, advertising expenses, notary fees, registry fees, judicial and stamp duties, taxes for environmental opinions; ... h) expenses for recording the transfer of shares from the State Domains Agency to the National Agency for the Administration of the Fisheries Fund; ... i) the amounts actually paid to the buyers in the execution of the guarantees granted to them and/or the expenses incurred to combat or extinguish the claims made by ... j) the amounts actually paid to the concessionaires in the execution of concession contracts as compensation for non-compliance with the environmental obligations and/or the expenses incurred to combat or extinguish the claims made by them; ... k) insurance expenses; ... l) amounts actually paid to third parties in preparation for the concession process; ... m) expenses corresponding to the establishment of the land balance, to establish the creditworthiness of the land by quality classes, in order to calculate the royalty, to verify compliance with technologies, other taxes and fees; ... n) expenses for taking over, transporting, storing, conditioning and capitalizing on royalty in kind; ... o) other expenses provided in the approved revenue and expenditure budget. ... (5) The amounts transferred to the state budget shall be established as the difference between the total revenues actually collected by the end of the semester and the total expenditure approved by the revenue and expenditure budget for the same period. ... (6) Viration of amounts calculated according to par. ((4) shall be made within 30 days from the expiry date of the completed semester. ... (7) The National Company for the Administration of the Fisheries Fund has the obligation to carry out the funds resulting from the activities carried out through accounts opened with the State Treasury. ... (8) The revenue and expenditure budget of the National Agency for the Administration of the Fisheries Fund shall be approved by order of the central public authority responsible for fishing and aquaculture. ... ----------- Article 11 has been amended by section 1. 9 9 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 11 has been amended by section 1. 6 6 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Alin. ((8) of art. 11 11 has been amended by section 8 8 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 12 Repealed. ----------- Alin. ((1) of art. 12 12 has been amended by section 10 10 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 12 has been repealed by point (a) 7 7 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Chapter II Fishing rights, licensing and authorisation of fishing ----------- Title Cap. II of Title II has been amended by section II. 11 11 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 12 ^ 1 Access to living aquatic resources shall be governed by normative acts issued by the central public authority responsible for fishing and aquaculture, with the aim of ensuring their protection, restoration and conservation, in accordance with this Law and with international practice in the field. ----------- Article 12 ^ 1 was introduced by item 1. 12 12 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 12 ^ 2 ((. For the restoration and conservation of living aquatic resources, the central public authority responsible for fishing and aquaculture shall establish measures to regulate fishing effort and/or to determine the quota allocated. ... (. The regulation of fishing effort shall be made by: ... a) limiting the number of fishing vessels/boats, depending on their characteristics, within the fishing effort of the fleet in a fishery; ... b) limitation of fishing activity time; ... c) the number of gears used in ... d) stop fishing. ... ((. The quota shall be determined by limiting the volume of catches for a given species or groups of species by fishing areas, periods of time, fishing methods, vessels/boats or groups of vessels/boats, or on the basis of other criteria subsequently determined by the central public authority responsible for fishing and aquaculture. ... ----------- Article 12 ^ 2 was introduced by the section 12 12 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 13 The right of fishing in natural fish pools belongs to the state and is assigned by the National Agency for Fisheries and Aquaculture, as administrator of living aquatic resources, in accordance with the provisions of this law. ----------- Alin. ((1) of art. 13 13 has been introduced by section 13 13 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 13 has been amended by section 1. 9 9 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 13 ^ 1 (1) The fishing licence is an non-transferable document issued by the National Fisheries and Aquaculture Agency on the basis of data recorded in the File of vessels and fishing boats, which entitles a vessel/boat to carry out the commercial fishing activity and which will include data on its owner, as the case may be, the manager of the vessel/boat, its technical characteristics, fishing zone, methods, gear and fishing equipment provided on board, as well as the shelf life. ... (2) In case of transmission of the property of the ship/boat, within 30 days from the date of transmission, the new owner will communicate to the National Fisheries and Aquaculture Agency the change of the owner, in order to issue a new license fishing. ... ((3) The non-use of the fishing licence for a period of 60 days without a justified cause, during its period of validity, will be considered as a waiver of the holder of the fishing activity, proceeding to the final exclusion of the vessel/boat from file. ... ((4) Fishing vessels and boats are required to have a fishing licence on board. ... ----------- Article 13 ^ 1 was introduced by item 1. 13 13 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 13 ^ 1 has been amended by section 1. 8 8 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 13 ^ 2 (1) The fishing authorisation shall be the document by which the right of fishing for commercial and/or recreational purposes is assigned to a natural or legal person and contains data relating to the identification of the vessel (s), the period of validity, fishing zone, fishing effort and quota allocated by species. ... (2) An assembly of vessels/boats with the same characteristics and operating in the same fishing zone will be able to receive a collective fishing authorisation. ... (3) The fishing authorization for commercial purposes shall also be issued in the case of the exercise of fishing activity in waters not belonging to the Romanian jurisdiction or sovereignty by the National Fisheries and Aquaculture Agency, in accordance with the provisions of the international agreements concluded by Romania. ... (4) The capture of reproducers from natural fish pools, necessary for artificial breeding activities, shall be based on a special authorization issued by the National Fisheries and Aquaculture Agency. ... ----------- Article 13 ^ 2 was introduced by the section 13 13 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 13 ^ 2 has been amended by section 2. 8 8 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 13 ^ 2 has been amended by section 2. 10 10 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 14 Access to living aquatic resources, with a view to the practice of fishing for commercial purposes, shall be directly attributed to fishermen, natural and/or legal persons, to fishing organisations in the field of commercial fishing, legally constituted and recognised on the basis of the criteria laid down by the central public authority responsible for fishing and aquaculture. ----------- Article 14 has been amended by section 4.2. 14 14 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 14 has been amended by section 4.2. 11 11 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 15 Holders of fishing authorisations may be: a) legal persons with fish profile or who have provided in the status of fish activities; ... b) institutes, centres and research resorts in the field of fisheries; ... c) associations that also carry out fish activities; ... d) associations of sport fishers; ... e) individuals who have attested the quality of professional fisherman. ... + Article 16 (. The right of fishing obtained on the basis of a fishing authorisation shall be exercised by the fishing permit. ... (. The fishing permit shall be individual and non-transferable. ... ((3) Abrogat. ... (4) The individual fishing permit does not entitle the holder to the employment of the aid staff for the fishing activity. ... (5) The model of the fishing permit will be established by order of the Minister of Central Public Authority for Agriculture and Food. ... ------------ Alin. ((3) art. 16 16 has been repealed by section 6.6. 1 1 of the single article of LAW no. 116 116 of 4 May 2006 , published in MONITORUL OFFICIAL no. 400 400 of 9 May 2006. + Article 17 Repealed. ------------ Article 17 has been repealed by point (a) 16 16 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 18 (1) For natural or artificial derivatives of a course of water, represented by secondary arms, irrigation or transit channels, the fishing authorisation shall lie with the holder of authorisation for the main course of water. ... (2) Where an undeveloped water changes its bed as a result of natural events or artificial deviations, the beneficiaries of the original fishing authorisation shall be authorised to fish both for the new albie and the remaining old albie, and for the water gloss that would eventually arise as a result of the surrounding indigures performed. ... ((3) The increase of the surface of a water gloss in natural drain as a result of the construction of an accumulation on the word shall determine the extension of the fishing right to the whole area. If the fish-water gloss floods the banks, the holder of the fishing authorisation shall be entitled to fish in the flooded perimeter. ... + Chapter III Fishing exercise + Article 19 Fishing for commercial purposes means the capture of fish and other aquatic creatures *) by methods and tools permitted by law, by authorized personnel, under the conditions of this law. ----------- According art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004 in the title and in the Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, republished, with subsequent additions, the phrase "aquatic animals" has been replaced by the phrase "aquatic life". + Article 19 ^ 1 The central public authority responsible for fishing and aquaculture shall make the exercise of the fishing of protected species subject to specific rules. ------------ Article 19 ^ 1 has been introduced by item 17 17 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 20 Repealed. ------------ Article 20 was repealed by point (a). 18 18 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 21 (1) By fishing for recreational/sporting purposes, fishing is understood to be carried out with a fishing rod and a launcher for approval/performance, under the conditions laid down by the central public authority responsible for fishing and aquaculture, on the basis of a permit Nominal. ... (2) The nominal recreational/sports fishing permit shall be issued by the sports fishing associations, legally constituted, on the basis of a test approved by the central public authority responsible for fishing and aquaculture. ... (3) Recreational/sports fishing may also be exercised in fish facilities and reservoirs in which aquaculture is practiced, under the conditions and on the basis of the recreational/sports fishing regulation, drawn up by their administrators. ... ------------ Article 21 has been amended by point 19 19 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Chapter IV Security of the fish stock + Article 22 The management of living aquatic resources and the beneficiaries of the fishing rights shall exercise with specialised personnel the security of living aquatic resources, their exploitation, the control of fishing activities, the fight against illegal fishing, theft, destruction and degradations. -------------- Article 22 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 22 has been amended by section 12 12 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 22 ^ 1 Security personnel are equipped, under the law, with appropriate weapons and equipment. -------------- Article 22 ^ 1 has been introduced by item 10 10 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 22 ^ 2 During the performance of the duties the security personnel shall be assimilated to the personnel who perform a function involving the exercise of the public authority. -------------- Article 22 ^ 2 was introduced by the section 10 10 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 22 ^ 3 At the level of territorial structures, the organization of security is regulated by the status of managers. -------------- Article 22 ^ 3 was introduced by the section 10 10 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 22 ^ 3 has been amended by section 3. 13 13 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 23 Repealed. ------------ Article 23 has been repealed by point (a) 19 19 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 24 Repealed. ------------ Article 24 was repealed by point (a). 19 19 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 25 Repealed. ------------ Article 25 was repealed by point (a). 19 19 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 26 The police units, the Border Police and the Gendarmerie support the actions to guard the living aquatic resources, according to their duties under the law. *). ----------- Article 26 has been amended by section 6.6. 11 11 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. ----------- * *) Government Emergency Ordinance no. 104/2001 on the organization and functioning of the Romanian Border Police, approved with amendments by Law no. 81/2002 , in the structure of the General Inspectorate of the Border Police no longer appears the Coast Guard, as provided for in art. 5 5 para. ((3) of Law no. 56/1992 on the state border of Romania, republished, repealed by Government Emergency Ordinance no. 105/2001 on the state border of Romania, approved with amendments by Law no. 243/2002 . + Title III Aquaculture *) ------------ * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004 in the title and in the Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, republished, with subsequent additions, the phrase: "fish farming", has been replaced by the phrase "aquaculture". + Chapter I Organisation of aquaculture activity *) ------------ * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004 in the title and in the Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, republished, with subsequent additions, the phrase: "fish farming", has been replaced by the phrase "aquaculture". + Article 26 ^ 1 Aquaculture, as defined in art. 4 lit. a), may be practised in facilities or installations specially designed to increase fish or other aquatic life, and in reservoirs nominated by the central public authority responsible for fishing and aquaculture, on the basis of studies carried out by the relevant research institutions. ------------ Art. 26 ^ 1 was introduced by item 20 20 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 26 ^ 2 (1) The basic policy for the development of aquaculture is achieved by: ... a) measures to adapt production to market requirements; ... b) measures to improve the marketing system and inform consumers; ... c) training of aquaculture producers; ... d) measures for the safety of aquaculture products and ensuring the health of the population ... e) measures to ensure aquaculture production, for cases of force majeure; ... f) measures to ensure the health and well-being of aquatic creatures; ... g) measures for environmental protection; ... h) research development. ... ------------ Art. 26 ^ 2 was introduced by item 20 20 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 27 The central public authority responsible for fishing and aquaculture *) elaborates and applies unitary the strategy of development and economic policy of the Government in the field of fish farming, from fish facilities, regardless of geographical area, Ownership and exploitation mode. + Article 28 Repealed. ------------ Article 28 has been amended by section 6.6. 21 21 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 of 1 July 2004, the phrase "central public authority for agriculture, food and forestry" was replaced by the phrase "central public authority responsible for fishing and aquaculture". Article 28 was repealed by point (a). 12 12 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 29 ((1) The use of fish facilities for the production of fish and other aquatic life is mandatory for all users. ... ((. The change of destination or the decommissioning of the fisheries facilities shall be approved by the central public authority responsible for fishing and aquaculture, on the basis of the environmental opinion. ... ------------ Article 29 has been amended by section 6.6. 22 22 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 30 (1) The licensing of economic agents carrying out aquaculture activity is done, according to this law, by the National Agency for Fisheries and Aquaculture. ... ((2) Abrogat. ... ((3) Abrogat. ... (4) Within the framework of the National Agency for Fisheries and Aquaculture, the Register of aquaculture production units, of an administrative nature, will be established, which will include all the units and installations used for aquaculture activity. In the register will be mentioned data on the owner or manager of the unit, technical construction and operation data, as well as cultivated species. ... (5) The production units included in the Register of aquaculture production units will receive the aquaculture licence for a fixed period, issued by the National Fisheries and Aquaculture Agency. ... (6) Any change regarding the change of the owner or administrator, as well as changes in the production capacity and cultivated species must be communicated, within 30 days from the date of the change, to the National Agency for Fisheries and Aquaculture, with a view to updating the register and issuing a new aquaculture licence, as appropriate. ... ------------ Article 30 has been amended by section 6.6. 23 23 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 30 was repealed by point (a). 13 13 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Alin. ((2) and (3) of art. 30 30 have been repealed by point 14 14 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 31 Repealed. ------------ Article 31 has been repealed by point (a). 24 24 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 32 Repealed. ------------ Article 32 has been repealed by point (a) 24 24 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Chapter II Development of aquaculture activity *) --------- * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004 in the title and in the Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, republished, with subsequent additions, the phrase: "fish farming", has been replaced by the phrase "aquaculture". + Article 33 The central public authority responsible for fishing and aquaculture *), together with other central public authorities, with the support of prefects and county and local councils, will identify, on the basis of specialized studies, land belonging to public and private property, which lends itself to the realization of fish facilities. ------------ * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 of 1 July 2004, the phrase "central public authority for agriculture, food and forestry" was replaced by the phrase "central public authority responsible for fishing and aquaculture". + Article 34 Fish facilities, regardless of the form of ownership, which by degradation have lost all or part of their production potential, will be included by the central public authority for agriculture, food and forestry, according to the the law, in the category of land under improvement. + Article 35 The central public authority responsible for fishing and aquaculture *) and the central public authority for environmental protection will take measures to introduce valuable fish species into the crop, a purpose in which fish farming will be carried out. specialized in their reproduction and growth (sturgeon, trout, lipan, lostrita, coregon, mullet, flounder, eel). ------------ * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 of 1 July 2004, the phrase "central public authority for agriculture, food and forestry" was replaced by the phrase "central public authority responsible for fishing and aquaculture". + Article 35 ^ 1 The introduction into the crop of fish species or other new aquatic animals from import shall be made with the prior opinion of the National Fisheries and Aquaculture Agency and the central public authority for environmental protection and Water management. ------------ Art. 35 ^ 1 was introduced by item 26 26 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 35 ^ 1 has been amended by section 1. 14 14 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 36 For the purpose of aquaculture development the central public authority responsible for fishing and aquaculture *) undertakes measures to stimulate the realization of specialized facilities in the reproduction and growth of frogs, crayfish, clams and other Aquatic creatures. ------------ * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 of 1 July 2004, the phrase "central public authority for agriculture, food and forestry" was replaced by the phrase "central public authority responsible for fishing and aquaculture". + Title IV Fisheries inspection + Article 37 (1) The pursuit of compliance with the provisions of this law, as well as the other regulations in the field shall be carried out by the central public authority responsible for fishing and aquaculture *) and by the central public authority for environmental protection, through specialist bodies. ... (2) For the purpose of carrying out the tasks provided in (1) the central public authority responsible for fishing and aquaculture (*) shall establish the Fisheries Inspection as a specialist body. For the monitoring of the national fishing capacity the central public authority responsible for fishing and aquaculture, in collaboration with the Civil Navigation Inspectorate and the Romanian Naval Register, shall establish the File of Ships and Craft Fishing * *). ... (3) The regulation of organization and functioning of the specialized bodies shall be approved by Government decision, within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I. ... ------------- * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 of 1 July 2004, the phrase "central public authority for agriculture, food and forestry" was replaced by the phrase "central public authority responsible for fishing and aquaculture". ------------- ** **) art. 1 ^ 7 of Government Ordinance no. 42/1997 on shipping, published in the Official Gazette of Romania, Part I, no. 221 of 29 August 1997, approved with amendments and additions by Law no. 412/2002 , published in the Official Gazette of Romania, Part I, no. 500 of July 11, 2002, through the merger of the Civil Navigation Inspectorate-I.N.C. with the Autonomous Regia "Romanian Naval Register" was established the Romanian Naval Authority, which took over all the rights and oblibations of the two legal entities that were Abolished. + Article 37 ^ 1 (1) In order to ensure compliance with the legislation in the field of fisheries, aquaculture, the marketing of fishery products and other related activities, the central public authority responsible for fishing and aquaculture organises activities Permanent control, through the Fisheries Inspection. ... (. The control activity shall be carried out by the fish inspectors, who have access to all fishing vessels/boats, fishing gear and installations, aquaculture farms and installations, the annexed constructions, the means of transport, processing and/or marketing units, registers and documents, and drawing up a report of finding/sanctioning, describing the circumstances and the outcome of their actions. ... ((. Persons subject to control shall make available to the fish inspector all the means necessary for the performance of the inspection function. ... ------------ Article 37 ^ 1 has been introduced by item 27 27 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 For the purpose of carrying out the control tasks the personnel of the specialized bodies a) access to fish pools, boats, fishing gear, fish collection and delivery points, fish farms, to ascertain how the fisheries regulations are observed and how the measures are applied protection of the fish stock and the fight against theft and poaching; ... b) control over works, constructions and installations related to fishing, fish farming and protection of the fish stock; ... c) control of data and documents in relation to fishing, origin and movement of fish according to the certificate of origin and movement of products of animal origin; ... d) control of how the regulations on the protection of the fish stock are observed; ... e) to ascertain the facts which constitute contraventions and offences in the field of fisheries and protection of the fish stock, fish farming and circulation of fish, eggs, fish products, other aquatic creatures (frogs, crayfish and clams), as well as to prepare the documents according to the law; ... f) tracking the implementation of the allocated quotas, the recording of catches, the marking of ships and boats and the implementation of the satellite surveillance system; ... g) inspection and inspection on fishing vessels and boats. ... + Article 38 ^ 1 The units of the Police, the Border Police and the Romanian Naval Authority, in accordance with their duties, are required to participate, at the request of the Fisheries Inspection, in the control actions regarding the application and compliance provisions of this law ------------ Art. 38 ^ 1 was introduced by item 28 28 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Title IV ^ 1 Organisation of the fishery products market ------------ Title IV ^ 1 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 2 The central public authority responsible for fishing and aquaculture shall establish measures concerning the marketing and processing of fishery and aquaculture products, in particular for: a) compliance with the quality standards of fishery products throughout the marketing process, to ensure transparency on the market and to make it possible to properly inform consumers, in particular as regards product nature; ... b) the development of technical standards, in accordance with the regulations for the conservation and protection of living aquatic resources, to ensure that the products resulting from fishery and aquaculture products are carried out optimally; ... c) encouraging and supporting the processing of products; ... d) improving quality and promoting these products. ... ------------ Art. 38 ^ 2 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 3 (. During the whole marketing process, the products must be correctly identified and meet the marketing standards laid down by the central public authority responsible for fishing and aquaculture. ... ((2) The rules on the marketing of fishery products relate mainly to freshness, calibration, species designation, product origin, presentation and labelling. ... ------------ Art. 38 ^ 3 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 4 (1) For the purposes of this Law, the first sale means that sale which is made for the first time and which sets the price of the product by document. ... ((. The first sale of fresh, chilled and/or frozen products made from fishing shall be made in the places established and authorized by the central public authority responsible for fishing and aquaculture. ... ------------ Art. 38 ^ 4 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 5. Fresh, chilled and/or frozen products made of fishing, which are the subject of the first sale in a place outside the port of landing and which must be transported before the first sale is produced shall be accompanied, up to the place of the first sale, of documents established by the central public authority responsible for fishing and aquaculture. ------------ Art. 38 ^ 5 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 6. It shall be prohibited to trade in fishery and aquaculture products of any origin or origin, the size or weight of which is less than that provided for in the regulations, or whose method of obtaining is not in accordance with the rules established by the central public authority responsible for fishing and aquaculture or in contravention of veterinary rules. ------------ Art. 38 ^ 6 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Title IV ^ 2 Structural policy and production capacity management ------------ Title IV ^ 2 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 7 The policy of the organisation of the fishing sector shall be a) measures aimed at improving the personnel operating in the sector; ... b) measures to support producer organisations and other associative forms; ... c) measures for the construction, modernization and conversion of fishing vessels, with the aim of obtaining a modern, competitive fishing fleet with appropriate working conditions on board and improving the quality of the products, adapted to the current fishing areas, as well as the exploitation of new ones capable of ensuring the efficiency of the activity; ... d) measures to adapt the fleet capacity to the state of living aquatic resources; ... e) measures to establish the registration ports and to change them; ... f) measures to regulate the unloading and the first sale of fishery products, independently of their origin; ... g) measures to establish the production structure, according to market requirements. ... ------------ Art. 38 ^ 7 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 8 Natural or legal persons, who have production capacities for the practice of fishing for commercial purposes or aquaculture, may be constituted, on their own initiative, in producer organisations, for the purpose of responsible fishing and improving the conditions for the sale of products made by their members. ------------ Art. 38 ^ 8 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 9 Members of organizations must sell the product or products for which they have associated themselves through organizations and apply the rules adopted by the organization, in order to improve the quality of the products, adapt the supply volume to the requirements market and improving the marketing process. ------------ Article 38 ^ 9 was introduced by the section 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 10 (. The central public authority responsible for fishing and aquaculture shall establish the criteria for the official recognition of producer organisations in the fisheries sector. ... (2) The economic activity carried out in the geographical areas where the organizations were constituted will be the essential criterion of recognition. ... ------------ Art. 38 ^ 10 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 11 (. The official recognition of producer organisations, their representativeness and the exclusive nature of an area shall lie with the central public authority responsible for fishing and aquaculture. ... (2) The central public authority responsible for fishing and aquaculture will be able to withdraw the recognition of producer organisations from its competence when they no longer meet the requirements which have determined their recognition or when no longer meet the criteria for their operation. ... ------------ Art. 38 ^ 11 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 12 The construction, modernisation and conversion of fishing vessels shall be carried out under programmes carried out by the central public authority responsible for fishing and aquaculture, for the adaptation of fishing effort to the situation of living aquatic resources existing in the fishing grounds and taking into account the international oblibations assumed. ------------ Art. 38 ^ 12 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 13 ((1) The authorization of the construction of fishing vessels/boats is granted by the central public authority responsible for fishing and aquaculture, so that vessels/boats that are built to substitute one or more vessels removed from the file of fishing vessels and boats, under the conditions laid down by the central public authority responsible for fishing and aquaculture. ... ((. These conditions shall take into account tonnage, engine power and other technical aspects related to fishing vessels and boats, fishing arrangements or fishing grounds which they use. ... ((3) The licence of the fishing vessel under construction shall be the document which identifies it in order to start fishing. The licence will include the ship identification data, the port of registration and the removals of fishing vessels/boats made for the construction of the new fishing vessel or boat, which are no longer fit for the pursuit of the activity of fishing. ... ------------ Art. 38 ^ 13 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 14 ((1) The modernisation and conversion of fishing vessels/boats are intended to amend their technical conditions, in order to be adapted to the national rules and to those derived from the international rules in force, as regards preventing accidents at work, improving living conditions, streamlining fishing operations and improving the processes of handling and preserving products on board. ... (2) When the modernisation and reconversion work involves the increase of fishing effort, in compliance with the initial form of the vessel/boat, other vessels/boats entered in the file of fishing vessels and boats shall be deleted. ... (3) The modernization and conversion works are authorized by the central public authority responsible for fishing and aquaculture, under the conditions established by Government decision. ... (4) The financial aid granted for the modernisation and conversion of fishing vessels/boats shall be subject to the achievement of the improvements referred to in paragraph 1. ((1) and take into account the international oblibations assumed. ... ------------ Art. 38 ^ 14 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 15 In order to adapt the fleet to the situation of fishing areas, the central public authority responsible for fishing and aquaculture may temporarily or permanently stop the activity of certain fishing vessels/boats. ------------ Art. 38 ^ 15 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 16 (. The cessation of a fishing vessel/boat shall be understood as an end to the fishing activity of the fishing vessel. ... (2) The final stop of fishing vessels shall apply to those vessels/boats operating in fishing areas whose situation requires a long-term structural adjustment in order to reduce fishing effort and to promote the restoration of resources. living aquatic. ... (3) The final stop of a fishing vessel/boat shall determine its removal from the file of fishing vessels and boats. ... (4) The conditions of compensation, following the final stop of the activity of the ship/boat, both in terms of the owner and as far as the employees are concerned, will be determined by Government decision. ... ------------ Art. 38 ^ 16 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 17 (1) The temporary cessation of the activity of a fishing vessel/fishing vessel shall be understood to terminate the activity for a specified period of time. ... (2) Temporary shutdown is a conjunctural measure, with the aim of reducing fishing effort, as a result of circumstances established by the central public authority responsible for fishing and aquaculture. ... (3) The conditions under which the losses derived from the temporary cessation of the activity can be compensated from the public funds will be determined by Government decision. ... (4) Financial compensation will not be granted when the cause of temporary cessation of activity is an excess of fishing effort or when a temporary halt is a requirement derived from the application of the annual prohibition order. ... ------------ Art. 38 ^ 17 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 18 (1) The port of registration, for vessels/boats fishing in the maritime and continental waters of Romania, is where the vessel and/or fishing boat begins its fishing, dispatch and marketing of catches. ... (2) In order to obtain permits for the construction or modification of the technical characteristics of fishing vessels and boats, in accordance with the regulations in force, their owners shall be obliged to submit to the port capitania, in addition to the other documents provided for by the legislation in force, and an opinion from the specialist directorate of the fisheries and aquaculture authority. ... ((3) The owners of fishing vessels or boats who have flown another flag and who wish to obtain, for those vessels or fishing boats, the right to fly the Roman flag shall submit to the port captaincy, in addition to the other documents provided for by the legislation in force, and an opinion from the specialist directorate of the fisheries and aquaculture authority. ... ------------ Art. 38 ^ 18 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 19 Vessels/fishing or commercial craft which unload fishery products on national territory shall do so in ports established by the central public authority responsible for fishing and aquaculture. ------------ Art. 38 ^ 19 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Title IV ^ 3 Measures to protect and manage living aquatic resources ------------ Title IV ^ 3 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 20 (. The central public authority responsible for fishing and aquaculture shall monitor the fishing activity by establishing the permanent communication systems for the knowledge, in real time, of the entries, exits as well as stationary vessels/boats in fishing grounds, catches, entrances and exits from the port or other circumstances. ... (2) In order to monitor the fishing effort, in the framework of the central public authority responsible for fishing and aquaculture, the file of fishing vessels and boats, of an administrative nature, will cover all ships/boats with a Romanian flag that may exercise fishing activity in maritime and continental waters or activities ancillary to fishing. ... ((. The vessels and boats included in the fishing vessel and craft file shall be granted a fishing licence. ... (4) The central public authority responsible for fishing and aquaculture, together with the Romanian Naval Authority, shall determine the operation of the file of fishing vessels and boats. ... ------------ Art. 38 ^ 20 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 21 On board ships/boats there shall be a fishing logbook in which details of the fishing activity, as determined by the central public authority responsible for fishing and aquaculture, are noted. The central public authority responsible for fishing and aquaculture may exempt from the fishing logbook some vessels/boats which do not have conditions for its completion. ------------ Art. 38 ^ 21 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 22 ((. Ships/craft, which unload in the national territory catches, shall submit to the central public authority responsible for fishing and aquaculture, under the conditions laid down therein, a declaration of landing which shall contain the quantities unloaded for each species, the area of provenance and other data set out therein. ... ((2) Romanian ships/boats discharging fishery products outside the national territory are required to communicate the data contained in the landing declaration to the central public authority responsible for fishing and aquaculture, under the conditions established by it. ... ((3) Ships belonging to third countries and who want to download fishery products in Romanian ports must communicate to the central public authority responsible for fishing and aquaculture the port of unloading, the arrival time and the landing declaration. ... ((. The unloading operation may commence from the moment the ship's captain or his representative presents an opinion from the central public authority responsible for fishing and aquaculture. ... ------------ Art. 38 ^ 22 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 23 ((1) The vessels/fishing boats located under the Romanian flag shall communicate to the central public authority responsible for fishing and aquaculture, on the terms set out therein, data on the transhipment of fishing products carried out on board. ships/boats or which they receive from other ships/boats. ... ((2) Ships belonging to third States will have to obtain a transhipment authorization. ... ------------ Art. 38 ^ 23 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 24 (1) The minimum dimensions of species of fish and other aquatic animals, admitted to fishing in natural fish pools, and the minimum dimensions of the fishing gear eye are set out in Annex no. 4. ... (2) Depending on the results of the research and the evolution of the stock size, Annex no. 4 may be amended by Government decision, at the proposal of the central public authority responsible for fishing and aquaculture. ... ((3) Examples with dimensions below the minimum limit of the regulated one shall not be retained on board, transhipped, unloaded or marketed, which shall be rendered to the aquatic environment immediately after their capture. ... ------------ Art. 38 ^ 24 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 25 (1) Annually, on the proposal of the National Agency for Fisheries and Aquaculture, by joint order of the Minister of Agriculture, Forestry and Rural Development and the Minister of the Environment and Water Management, the periods and areas of prohibition of fishing, as well as areas for the protection of living aquatic resources. ... (2) The periods and areas of prohibition shall be established in compliance with the provisions of Annexes no. 1 1 and 2. ... (3) In areas of protection may be included breeding, feeding and/or wintering areas of species of fish and other aquatic creatures with special economic and/or ecological value or at risk. ... (4) In areas of protection are prohibited in whole or in part fishing activity, hydrotechnical works or economic activities which endanger the equilibrium of protected aquatic ecosystems, with the exception of fisheries for scientific purposes and flood prevention measures. ... (5) The protection zones shall be approved by the National Agency for Fisheries and Aquaculture, on the proposal of the management of living aquatic resources in the public domain. ... (6) For the waters constituting the state border the prohibition periods, the fishing rules and the areas for the protection of living aquatic resources shall be established in accordance with the international conventions concluded with the riparian states. ... (7) Natural or legal persons who use the waters of the public domain for purposes other than the fisheries are obliged to take the necessary measures to prevent the disturbance of the natural hydrological regime, the destruction of the habitats of species of flora and fauna, as well as the absorption of living aquatic resources through pumping stations. ... (8) The management and beneficiaries of living aquatic resources in natural fish pools are required to carry out works for the protection and restoration of natural habitats. ... ------------ Art. 38 ^ 25 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 38 ^ 25 has been amended by point (a) 15 15 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Alin. ((5) and (8) of art. 38 ^ 25 were amended by section 4.2. 15 15 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Title IV ^ 4 Scientific research ------------ Title IV ^ 4 was introduced by section 4. 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 26 To commiserate the exploitation of living aquatic resources with environmental requirements, including the conservation of biodiversity, the central public authority responsible for fisheries and aquaculture supports and encourages research scientific. ------------ Art. 38 ^ 26 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 27 Scientific research has as essential objectives: a) knowledge of the aquatic environment and its relationship with living aquatic resources; ... b) knowledge of biology of aquatic species; ... c) the assessment of the impact of fishing and aquaculture on aquatic ecosystems; ... d) periodic assessment of stocks of living aquatic resources with a view to establishing the total allowable catch (TAC); ... e) making available to the central public authority responsible for fishing and aquaculture the information necessary for the implementation of the strategy and policies; ... f) identification of new areas and living aquatic resources that can be exploited; ... g) aquaculture development. ... ------------ Art. 38 ^ 27 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 28 (1) In order to achieve the objectives provided for in 38 ^ 27, scientific fishing may be practised at any time of the year, including in the prohibition periods, in any place, with any fishing gear or methods, on the basis of a fishing authorisation for scientific purposes issued by the Authority the central public responsible for fishing and aquaculture, with the prior opinion of the administrators of the State. ... (. The central public authority responsible for fishing and aquaculture shall determine the arrangements for granting the fishing authorisation for scientific purposes. ... ((. Ships/craft belonging to the research institutions shall be subject to the rules laid down for commercial fishing vessels/boats and shall be entered in the file of fishing vessels and boats in a separate segment. ... ((. The quantities of products obtained from scientific fisheries shall not be marketed. ... (5) The central public authority responsible for fisheries and aquaculture, in collaboration with the research institutions, sets out the strategy and objectives of the research. ... ------------ Art. 38 ^ 28 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 38 ^ 29 Producer organisations in the fisheries and aquaculture sector and other forms of association shall collaborate in the pursuit of the objectives of scientific research by participating in the necessary actions and providing the appropriate information. ------------ Art. 38 ^ 29 was introduced by item 29 29 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Title V Protection of the fish stock ------------ Title V has been repealed by point 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 39 Repealed. ------------ Article 39 has been repealed by point (a) 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 40 Repealed. ------------ Article 40 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 41 Repealed. ------------ Article 41 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 42 Repealed. ------------ Article 42 has been repealed by point (a) 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 43 Repealed. ------------ Article 43 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 44 Repealed. ------------ Article 44 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 45 Repealed. ------------ Article 45 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 46 Repealed. ------------ Article 46 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 47 Repealed. ------------ Article 47 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 48 Repealed. ------------ Article 48 has been repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 49 Repealed. ------------ Article 49 has been repealed by point 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 50 Repealed. ------------ Article 50 was repealed by point (a). 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 51 Repealed. ------------ Article 51 has been repealed by point (a) 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 52 Repealed. ------------ Article 52 has been repealed by point (a) 30 30 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Title VI Liabilities and penalties + Article 53 The violation of the provisions of this law attracts, as appropriate, disciplinary, contravention, criminal, material or civil liability. + Article 53 ^ 1 The central public authority responsible for fishing and aquaculture may decide and dispose of live aquatic resources to the withdrawal of the fishing licence/authorisation and/or, where appropriate, the reduction or non-granting of financial aid, the following: a) non-completion, erroneous completion and/or non-transmission of legal documents on fishing/aquaculture, marketing and transport of fishery products; ... b) non-compliance with the fishing programme approved by the central public authority responsible for fishing and aquaculture; ... c) non-compliance with the provisions of normative acts issued by the central public authority responsible for fishing and aquaculture, regarding fishing/aquaculture, marketing and transport of fishery products. ... ------------ Art. 53 ^ 1 was introduced by item 31 31 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 54 The following acts constitute contravention and are sanctioned with a fine of 800,000 lei to 1.500.000 lei: a) recreational/sports fishing of any living aquatic resource, carried out without a permit/authorization or in violation of authorized conditions, in maritime and continental waters; ... b) recreational/sport fishing of any species of fish, as well as other aquatic creatures, carried out in areas where fishing is prohibited; ... c) failure to present the permit or authorization and identity document, when they are requested by the persons empowered to find the contraventions. ... ------------ Article 54 has been amended by section 4. 32 32 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 54 ^ 1 The following acts constitute contravention and are sanctioned with a fine of 1,500,000 lei to 3,000,000 lei: a) recreational/sports fishing during the night, without complying with the conditions laid down in section 1 1 of Annex no. 3 3. ... b) catching salmonids by hand; ... c) fishing for salmonids with natural baits; ... d) fishing with artificial flies in salmonary waters; ... e) recreational/sports fishing by a single person, during a day from sunrise to sunset: ... -more than 10 pieces, in total, of the species of trout, lipan and coregon, in mountain waters with salmonids; --more than 5 kg of fish, unless a single copy of which exceeds 5 kg has been fished; f) retention/transport/marketing by amateur fishermen of fish and other aquatic creatures, fished below the minimum dimensions provided by law; ... g) moving, damaging or culpable destruction of signs; ... h) non-preparation by the administrators of the landscaped fish pools of the recreational/sports fishing regulation. ... ------------ Art. 54 ^ 1 was introduced by item 1. 33 33 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Letter a) a art. 54 54 ^ 1 has been amended by section 4.2 2 2 of the single article of LAW no. 116 116 of 4 May 2006 , published in MONITORUL OFFICIAL no. 400 400 of 9 May 2006. + Article 54 ^ 2 The following acts constitute contravention and are sanctioned with a fine of 2,500,000 lei to 3,500,000 lei: a) the capture of fish by means of fishing gear in the net or with pripons in mountain waters; ... b) recreational/sports fishing of any living aquatic life during the periods and in the prohibition zones. ... ------------ Art. 54 ^ 2 was introduced by item 33 33 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 55 Repealed. ------------ Article 55 was repealed by point (a). 34 34 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 55 ^ 1 The following acts constitute contravention and are sanctioned with a fine from 5,000,000 lei to 10,000,000 lei: a) the placing of fixed or drifting gear on more than two thirds of the width of the rivers or channels; ... b) the use of gillnets or avas of any kind within the Razelm-Sinoe lagoon complex, in the Belciuc-Erenciuc ghioles and in the seaside lakes; ... c) non-loading of fishing gear; ... d) failure to carry out, at the deadlines and under the established conditions, the measures ordered by the fish inspector. ... ------------ Art. 55 ^ 1 was introduced by item 1. 35 35 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 55 ^ 1 has been amended by section 1. 16 16 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Letter c) of art. 55 55 ^ 1 has been amended by section 4.2 16 16 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 55 ^ 2 The following acts constitute contravention and are sanctioned with a fine from 10,000,000 lei to 30,000,000 lei: a) stopping, slaughtering the flowing waters or draining the total/partial water from the landscaped fish pools, without the consent of the administrator, owner or holder of the fish use; ... b) the introduction into natural fish pools or established fish pools, without the opinion of the National Fisheries and Aquaculture Agency, of species, breeds or hybrids of living aquatic resources, other than existing ones; ... c) lack of license to carry out aquaculture activity. ... ------------ Art. 55 ^ 2 was introduced by item 35 35 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 55 ^ 2 has been amended by section 4.2. 16 16 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 55 ^ 3 The following acts constitute contravention and are sanctioned with a fine from 16,000,000 lei to 32,000,000 lei: a) retention on board, transhipment, unloading or marketing of specimens below the legal minimum size; ... b) fishing of the lostrita without special authorization issued by the living aquatic resources administrator; ... c) refusal to allow access to authorised personnel for the control of vessels and motor vehicles in aquaculture establishments, as well as on the perimeter of fish pools operated by recreational/sporting or commercial fishing; ... d) non-registration or deletion of the identification number of fishing vessels/boats, as well as of fishing auxiliary vessels/boats. ... ------------ Art. 55 ^ 3 was introduced by item 35 35 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 55 ^ 3 has been amended by point (a) 16 16 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 55 ^ 4 The following acts constitute contravention and are sanctioned with a fine of 30,000,000 lei to 40,000,000 lei: a) the destruction or culpable degradation of embankments, dams and canals, taluses and banks, hydrotechnical installations related to fish facilities; ... b) the culpable destruction or degradation of fish passes, toplites and podite waterfalls; ... c) the destruction, degradation or culpable reduction of the perimeter protection areas of the landscaped fish pools; ... d) non-installation or destruction of devices preventing the entry of fish into water supply systems, irrigation, as well as in hydropower plants; ... e) failure to take, to build or to empty reservoirs, measures for the cleaning of fishing areas and to protect and rescue living aquatic resources; ... f) disposal or storage of sawdust, household and zootechnical waste and any materials and materials, products and polluting substances on the banks of the rivers, streams, lakes, puddles and fish pools set up; ... g) fishing with metal baits and artificial fish in rivers populated with lostrita; ... h) catching fish with mesh tools and with pripons in the rivers and lakes of the mountain area, as well as in the hills and lowlands, with the exception of the Danube and the Prut; ... i) commercial fishing on the course of a flowing water in the area of 500 m downstream from the dam; ... j) non-execution of works for the protection and restoration of natural habitats of living aquatic resources. ... ------------ Art. 55 ^ 4 was introduced by section 4. 35 35 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 55 ^ 4 has been amended by section 4. 16 16 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 56 Repealed. ------------ Article 56 was repealed by point (a). 36 36 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 56 ^ 1 (1) The following acts constitute a crime and are sanctioned with a fine of 50,000,000 lei to 100,000,000 lei: ... a) the lack of fishing licence for vessels and boats and/or the fishing authorisation; ... b) the production, import, marketing, possession or use of fishing by unauthorized persons of the nets, voloneedles, gillnets, avas, prostovals, spills, vintires and other types of commercial fishing gear; ... c) fishing with fishing gear having a mesh size below the minimum dimensions laid down by law; ... d) the reduction of the flow and the volume of water in the fish facilities for theft, respectively for illegal fishing; ... e) closure, shuttling, barring with fencing or fishing gear of any kind of canals and of garages in connection with lakes, puddles or flooded lands, by unauthorised persons; ... f) fish theft, by any means and methods, from fish facilities. ... (2) The attempt is punishable. ... ------------ Art. 56 ^ 1 was introduced by item 37 37 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 56 ^ 1 has been amended by section 1. 17 17 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 56 ^ 2 (1) The following acts constitute a crime and are sanctioned with a criminal fine from 300,000,000 lei to 800,000,000 lei: ... a) fishing for commercial purposes in natural fish pools, by any methods and means, of fish or other aquatic creatures, during the prohibition period, as well as the destruction of fish embryos from natural breeding areas; ... b) the production, import, manufacture, possession or marketing of monofilament net fishing gear; ... c) fishing with ostia, spear, tepoaica and any other prickly and clinging tools, by raking or harping; ... d) the deliberate fishing or killing of marine mammals; ... e) unauthorised electric fishing, fishing with explosive materials, fishing with toxic and narcotic substances of any kind, fishing with monofilament mesh tools, as well as the use of firearms for the purpose of killing fish or living creatures aquatic; ... f) fishing of sturgeon or lostrita under legal dimensions for a purpose other than for restocking; ... g) illegal marketing of fish, eggs and products from fish or possession or transport for sale, without legal documents. ... (2) The attempt is punishable. ... (3) Tracking and judging the crimes provided in par. (1) shall be made as a matter of urgency, according to the provisions of the Code of Criminal Procedure on the pursuit and adjudication of ... ----------- Art. 56 ^ 2 was introduced by item 18 18 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Letters e) and g) of par. ((1) of art. 56 ^ 2 were amended by section 4.2. 17 17 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. Letter e) a par. ((1) art. 56 ^ 2 was amended by section 4.2. 3 3 of the single article of LAW no. 116 116 of 4 May 2006 , published in MONITORUL OFFICIAL no. 400 400 of 9 May 2006. + Article 57 Repealed. ------------ Article 57 was repealed by point (a). 38 38 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 57 ^ 1 Repealed. ------------ Art. 57 ^ 1 was introduced by item 39 39 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 57 ^ 1 has been amended by point (a) 19 19 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Article 57 ^ 1 has been repealed by point 1. 18 18 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 58 Repealed. ------------ Article 58 was repealed by point (a). 40 40 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 58 ^ 1 Any court ruling, which gives a conviction for fishing offences, may exclude the offender from producer organisations for a period from 1 year to 3 years. ------------ Art. 58 ^ 1 was introduced by item 41 41 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 59 Repealed. ------------ Article 59 has been repealed by point (a) 42 42 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 60 Repealed. ------------ Article 60 has been repealed by point (a) 42 42 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 61 Repealed. ------------ Article 61 has been repealed by point (a). 42 42 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 61 ^ 1 (1) The amount of compensation due for damage caused to living aquatic resources by crimes/contraventions shall be determined by experts, shall be decided by the courts and shall, as the case may be, return to the state budget and/or to the management of resources living aquatic from natural fish pools and/or owners/holders of landscaped fish pools. ... (2) In order to establish compensation due for damage caused to living aquatic resources, by contraventions/crimes committed during the prohibition period, within the perimeter of the reserves or of the landscaped fish pools, will be considered the triple market price, by species, for fish and other aquatic creatures, from the day and area where the act was committed. ... ------------ Art. 61 ^ 1 was introduced by item 1. 43 43 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 61 ^ 1 has been amended by section 1. 20 20 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Alin. ((1) of art. 61 ^ 1 has been amended by section 4.2 19 19 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 62 Repealed. -------------- Letter a ^ 1) a par. ((1) art. 62 was introduced by LAW no. 481 481 of 12 November 2003 , published in MONITORUL OFFICIAL no. 836 836 of 25 November 2003. Article 62 was repealed by point (a). 44 44 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 62 ^ 1 (1) The gear and fishing boats, means of transport, firearms and any other goods that were used at the commission of the act shall be confiscated. ... (2) The goods resulting from the commission of contravention/offence, consisting of fish, eggs, other living creatures and aquatic products, are also subject to confiscation. ... (3) In cases of confiscation of the goods referred to in par. (1) and (2), the finding bodies have, through the document concluded, their valorization under the law. ... ------------- Article 62 ^ 1 was introduced by the section 45 45 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Article 62 ^ 1 has been amended by section 4.2. 21 21 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 63 Repealed. ------------- Article 63 has been repealed by point (a) 46 46 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 63 ^ 1 The finding of facts that constitute contraventions or crimes and the application of contravention sanctions to this law shall be made by the personnel with the right of control within the Fisheries Inspection, by the authorized personnel of the Ministry Administration and Interior, personnel with the right of control of the National Environmental Guard and the personnel with the right of control within the Administration of the Biosphere Reserve "Danube Delta", for its area of responsibility, as well as by persons empowered by order of the Minister of Agriculture, Forestry and rural development. ------------- Art. 63 ^ 1 was introduced by item 47 47 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. Art. 63 ^ 1 has been amended by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. + Article 64 Repealed. ------------- Article 64 has been repealed by point (a) 48 48 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 64 ^ 1 The provisions of this Law shall be supplemented Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. ------------- Art. 64 ^ 1 was introduced by item 49 49 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 65 Repealed. ------------- Article 65 was repealed by point (a). 50 50 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 66 Repealed. ------------- Article 66 has been repealed by point (a) 50 50 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 67 Repealed. ------------- Article 67 was repealed by point (a). 50 50 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 68 Repealed. ------------- Article 68 was repealed by point (a). 50 50 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 69 Repealed. ------------- Article 69 was repealed by point (a). 50 50 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Title VII Final provisions + Article 70 From the revenues of the National Agency for the Administration of the Fisheries Fund, a quota of up to 16% can be allocated for the financing of research activities and applicative studies. + Article 71 Repealed. ------------- Article 71 was repealed by point (a). 50 50 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 72 Repealed. ------------- Article 72 has been repealed by point (a) 50 50 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 73 (1) The land occupied by the waters, in the public and private domain, shall be exempt from taxes and duties. ... (2) For buildings located on the grounds referred to in par. (1) the taxes and fees provided by law shall be paid. ... + Article 74 (1) Contracts concluded for the exploitation of waters in the public and private domain of the state shall be renegotiated with the new authority with the entry into force of this Law. ... (2) The new contracts will be concluded in compliance with the provisions of this law ... + Article 75 Annexes no. 1-4 are an integral part of this law. + Article 76 Individuals with permanent residence in the localities of the "Danube Delta" Biosphere Reserve have the right to fish with their own tools for family consumption, without paying any tax on the product obtained, in compliance with the provisions of this laws. Average daily consumption for a family is considered to be 3 kg. + Article 77 The central public authority responsible for fishing and aquaculture shall issue regulations and instructions for the implementation of the common fisheries policy, which shall be published in the Official Gazette of Romania, Part I. ------------- Article 77 has been amended by section 6.6. 51 51 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 78 Repealed. ------------- Article 78 was repealed by point (a). 52 52 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 79 Repealed. ------------- Article 79 was repealed by point (a). 20 20 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. + Article 80 Repealed. ------------- Article 80 was repealed by point (a). 52 52 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 81 Repealed. ------------- Article 81 was repealed by point (a). 52 52 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 82 Repealed. ------------- Article 82 was repealed by point (a). 52 52 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 83 Repealed. ------------- Article 83 was repealed by point (a). 52 52 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 84 Repealed. ------------- Article 84 was repealed by point (a). 52 52 of art. I of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 593 of 1 July 2004. + Article 85 Within 6 months from the date of entry into force of this law the central public authority responsible for fishing and aquaculture *) will develop and regulate, by order of the Minister, commercial fishing in the waters of the Black Sea. ------------ * *) art. II of LAW no. 298 298 of 28 June 2004 , published in MONITORUL OFFICIAL no. 593 of 1 July 2004, the phrase "central public authority for agriculture, food and forestry" was replaced by the phrase "central public authority responsible for fishing and aquaculture". + Article 86 Law no. 12/1974 on fish farming and fishing, published in the Official Bulletin, Part I, no. 106 106 of 30 July 1974, Government Decision no. 971/1994 on the establishment and sanctioning of contraventions to the fishing and protection rules of the fish fund, published in the Official Gazette of Romania, Part I, no. 2 of January 10, 1995, the phrase outside the water courses in the para. ((5) of art. 3, the phrase or arranged from the paragraph. ((3) of art. 5, as well as the phrase fish farming, fishing from the contents of par. ((1) art. 33 of the Water Law no. 107/1996 , published in the Official Gazette of Romania, Part I, no. 244 of 8 October 1996, and any other provisions contrary to this law shall be repealed. + Annex 1 PERIODS, DURATIONS AND AREAS OF PROHIBITION OF FISHING Fishing for any species of fish, crustaceans, molluscs and other aquatic creatures shall be as follows: 1. 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; 2. in Razelm-Sinoe Complex, Belciuc, Erenciuc and seaside lakes in the period from April 1 to June 30; 3. 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 Zmeeica, throughout the year; 4. in the Danube, in front of the garlands, canals and food deprivation of the puddles, for a distance of 500 meters from both sides of the mouths, as well as inside them, in the period from March 15 to June 15; 5. at the mouth in the Danube of the rivers Siret, Ialomita, Arges, Olt and Jiu, on a distance of 1 km from both sides of the mouths and on the course of these rivers on a distance of 10 km from the confluence, in the period from March 1 to July 1; 6. in front of the Danube-Melea Sfintu Gheorghe mouth until Ciotic, in the period from April 1 to July 31; downstream of Ciotic, based on the research to be carried out, the Administration of the Biosphere Reserve "Danube Delta" will establish annually the prohibition of fishing with talians; 7. with nets of any type in the Delta and the 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; 8. in mountain waters, differentiated by geographical areas, for indigenous trout, fountains and coregon, in the period from September 15 to April 30, and for rainbow trout, lipan and lostrita, in the period from January 1 to May 31; 9. recreational fishing on the course of a flowing water over a distance of 60 meters downstream and on the course of a ponds salbe, both on a distance of 60 meters upstream from the first pond and 50 meters downstream from the last pond in the salba, and on the canal sections or on the water courses between ponds; 10. commercial fishing on the course of a flowing water in the area of 200 meters downstream of the dam. + Annex 2 REGULATION fishing for certain fish species Fishing for certain species of fish shall be prohibited as follows: 1. sturgeon and scrumbia, all the year in front of the mouths of the Danube in the Black Sea, on a depth of 5 km in the open sea and on a corridor of 2 km, counted 1 km from one side and another of the axis of the arms of Sfintu Gheorghe and Sulina. In front of the Chilia arm the width of the forbidden corridor is 1 km to the south of the arm's axis, and to the north to the limit of the Romanian territorial waters; 2. sturgeon, throughout the 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; 3. sturgeon, in the following periods: a) in the Black Sea sector up to the mouth of the Prut, in the period from March 15 to April 15; ... b) in the sector from the mouth of the Prut to the mouth of Timocului, in the period from 15 April to 15 May; ... c) in the sector at the mouth of Timocului until the barrage of Iron Gates II, during the periods agreed with the Yugoslav part, from 15 May to 30 June; ... 4. Danube scrumbia, in the following periods and areas: a) in the Black Sea sector up to the Ismail Ceatal, 5 consecutive days, in the period from March 15 to May 1; ... b) in the sector of Ceatalul Ismail-Vadu Oii, 20 consecutive days, in the period from April 1 to May 15; ... c) in the sector from Vadu Oii to the mouth of Timocului, 30 consecutive days, in the period from April 17 to July 1; ... 5. lostrita, without special authorization; 6. sturgeon, under the legal dimension, for purposes other than restocking; 7. stikes, 40 consecutive days, differentiated by areas established by the annual prohibition order of fishing; 8. salmonids with natural baits; 9. in the Black Sea, fishing with gillnets and turbot longlines, between February and May. 10. On the basis of specialized research, periods of prohibition of shark fishing will be established annually. + Annex 3 CONDITIONS which must be fulfilled for the practice of recreational fishing in waters of the public domain 1. Recreational/sports fishing is allowed both during the day and during the night, in compliance with the following rules: a) in the flowing and standing waters of the mountain area, only with a single rod with no more than 2 hooks or with a launcher; ... b) in the waters of the colinary and lowland area, throughout the Danube and on its arms, in the Danube Delta, with no more than 2 waves or 2 launchers with 2 hooks each; ... c) in the territorial waters of the Black Sea, with no more than 2 waves, 2 launchers or 2 taparins, with 10 hooks each. ... d) during recreational/sports fishing, the sports fishermen will use a light source to signal their presence at the fishing site; ... e) recreational/night sport fishing on watercourses or lakes will take place in sectors clearly delimited by the management of the fish resource, together with the county sports fishing associations. ... 2. Fishing for recreational/sports purposes in natural fish pools is practiced from the shore and/or from the boat. In winter, recreational/sports fishing can be practiced on ice, except for areas of special protection of fish wintering. 3. Natural and artificial baits are used in recreational fishing, and salmonid fishing in mountain waters is allowed only with artificial baits. 4. During a day of recreational fishing, in the waters of the colinary and lowland area, in the network of channels in the hydroameliorative, navigation and hydropower systems, the Danube with its floodplain, the Danube Delta and the Black Sea can be fished at most 5 kg of fish or only one fish, if its weight exceeds 5 kg. In mountain waters with salmonids you can fish by a fisherman no more than 10 pieces in total, of the species: indigenous trout, rainbow trout, fountains, lipan and coregon. -------------- Point 2 of Annex 3 has been amended by section 4.2. 20 20 of art. I of LAW no. 113 113 of 5 May 2005 , published in MONITORUL OFFICIAL no. 395 395 of 10 May 2005. The introductory part of point 1 of Annex 3 has been amended by section 1. 4 4 of the single article of LAW no. 116 116 of 4 May 2006 , published in MONITORUL OFFICIAL no. 400 400 of 9 May 2006. Points c) and d) of point 1 of Annex 3 have been introduced by section 1. 5 5 of the single article of LAW no. 116 116 of 4 May 2006 , published in MONITORUL OFFICIAL no. 400 400 of 9 May 2006. + Annex 4 DIMENSIONS minimum of fish and other living creatures aquatic that can be fished and the minimum sizes of fishing gear meshes 1. The minimum dimensions, in centimeters, of fish and other aquatic creatures, which can be fished in surface waters in Romania, including in the Black Sea, are as follows: 1.1. avat (Aspius aspius) 30 1.2 1.2. aterina (Atherina mochon) 7 1.3. babusca (Rutilus rutilus) 15 1.4. batca (Blicca bjoerkna) 15 1.5. perch (Perca flufluatilis) 12 1.6 1.6. carp (Cyprinus carpio) 35 1.7. caras (Carassius auratus) 15 1.8 1.8. caracuda (Carassius carassius) 17 1.9. cosac (Abramis sp.) 25 1.10 1.10. clean (Leuciscus cephalus) 25 1.11 1.11. cega (Acipenser ruthenus) 45 1.12. coregon (Coregonus sp.) 22 1.13 1.13. turbot (Scophthalmus maeoticus) 40 1.14 1.14. flounder (Pleuronectes, Platichthys flesus) 20 1.15 1.15. mullet (Mugil sp.) 25 1.16 1.16. fusar (Aspro streber) 12 1.17 1.17. gingeritis (Clupeonela cultiventris) 7 1.18 1.18. anchovy (Engraulis encrasicholus) 7 1.19 1.19. lin (Tinca tinca) 25 1.20 1.20. lipan (Thymallus thymallus) 25 1.21 1.21. lostrita (Hucho hucho) 65 1.22 1.22. morunas (Vimba vimba) 25 1.23 1.23. mrean (Barbus barbus) 27 1.24 1.24. morun (Huso huso) 170 1.25. nisetru (Acipenser guldenstaedti) 140 1.26 1.26. oblete (Alburnus alburnus) 12 1.27. bream (Abramis brama) 25 1.28 1.28. trout (Salmo sp.) 20 1.29. trout (Acipenser stellatus) 100 1.30 1.30. reddish (Scardinius erythrophthalmus) 15 1.31. rizeafca (Alosa caspio) 15 1.32 1.32. sabita (Pelecus cultratus) 20 1.33 1.33. shark (Squalus acanthias) 100 1.34. scobar (Chondrostoma) 20 1.35. sleep (Silurus glanis) 50 1.36. Dunare mackerel (Alosa pontica) 22 1.37. blue scrumbia (Alosa maeotica) 23 1.38 1.38. stavrid (Trachurus mediterus) 12 1.39 1.39. salau (Stizostedion sp.) 40 1.40. pike (Esox lucius) 40 1.41 1.41. sip (Acipenser sturio) 110 1.42 1.42. sprat (Spratus spratus) 7 1.43 1.43. Widowed (Leuciscus idus) 30 1.44. visa (Acipenser nudiventris) 100 1.45. crayfish (Astacus sp.) 9 1.46. river shell (Unio pictorum) 8 1.47 1.47. frogs (Rana sp.) 30 30 g/pcs. The size of fish established for fishing is determined by measuring the distance from the tip of the muzzle to the base of the caudal fin. 2. Species of fish not referred to in point (a) 1 are free to fish at any size. 3. Abrogat. 4. Abrogat. 5. Abrogat. 6. Abrogat. 7. Fishing methods, fishing gear and minimum mesh sizes used in the manufacture of fishing gear shall be established annually by the prohibition order. NOTE: We reproduce below the provisions art. II of Government Emergency Ordinance no. 76/2002 to amend and supplement Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, published in the Official Gazette of Romania, Part I, no. 455 455 of 27 June 2002, provisions not included in the republished form of the Law no. 192/2001 : "" Art. II. -In application of the provisions of this emergency ordinance, the following deadlines shall be established, from the date of entry into force of -30 days for the provisions of section 1 1 of art. I, with reference to art. 8 8 para. ((3); -45 days for the provisions of section 2 2 of art. I, with reference to art. 9 9 para. ((3); --6 months for the provisions of section 9 9 of art. I, with reference to art. 79 ^ 1 para. ((1) *). ' ------------- * *) By renumbering art. 79 ^ 1 of Government Emergency Ordinance no. 76/2002 became in the form republished art. 80. ------------- Points 3 to 6 of Annex 4 were repealed by section 4. 23 23 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. Point 7 of Annex 4 has been amended by section 4.2. 24 24 of art. I of EMERGENCY ORDINANCE no. 69 69 of 16 September 2004 , published in MONITORUL OFFICIAL no. 883 883 of 28 September 2004. -------------
