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Law No. 113 Of 5 May 2005

Original Language Title:  LEGE nr. 113 din 5 mai 2005

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LEGE no. 113 113 of 5 May 2005 on approval Government Emergency Ordinance no. 69/2004 to amend and supplement Law no. 192/2001 on living aquatic resources, fisheries and aquaculture
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 395 395 of 10 May 2005



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 69 69 of 16 September 2004 to amend and supplement Law no. 192/2001 on living aquatic resources, fishing and aquaculture, published in the Official Gazette of Romania, Part I, no. 883 of 28 September 2004, with the following amendments and additions: 1. In Article I, point 1, point d) of Article 2 shall read as follows: " d) improving the conditions for the achievement of fishing and aquaculture activities and the standard of living of producers; '; 2. In Article I, after point 1, a new point is inserted, point 1 ^ 1, with the following contents: "" 1 ^ 1. Letter k) of Article 4 shall read as follows: "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;". 3. In Article I, point 2, Article 7 shall read as follows: "" Art. 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. " 4. In Article I, point 3, Articles 7 ^ 1, 7 ^ 3 and 7 ^ 7 shall read as follows: "" Art. 7 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 ^ 3. -The National Agency for Fisheries and Aquaculture has the following main duties and responsibilities: 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 ^ 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. " 5. In Article I, after point 3 a new point is inserted, point 3 ^ 1, with the following contents: "" 3 ^ 1. Article 8 will read as follows: "" Art. 8. -(1) For the sustainable management of living aquatic resources belonging to the public domain of the state shall be established the National Agency for the Administration of the Fisheries Fund, public institution with legal personality, with financial character and commercial, 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 shall be approved by order of the Minister of Agriculture, Forestry and Rural Development. "" 6. In Article I, point 4 shall read as follows: "" Four. Article 9 will read as follows: "" Art. 9. -(1) The National Company for the Administration of the Fisheries Fund manages goods of the nature of those provided 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 obligations resulting from the contracts concluded by the State Domains Agency with contracting agents holding in exploitation or management of fish facilities, 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 shall be subroted to the National Administration "Romanian Waters" regarding the rights and obligations 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 staff of the National Company for the Administration of the Fisheries Fund shall be made in accordance with the legal regulations in force. " 7. In Article I, point 5, Article 10 shall read as follows: "" Art. 10. -The National Agency for the Administration 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) performs the function of intermediate body for the Sectoral Operational Programme for Fisheries, by carrying out delegated tasks by the Ministry of Agriculture, Forestry and Rural Development, on the basis of interinstitutional agreements; f) carry out any other activities established by the central public authority responsible for fishing and aquaculture. " 8. In Article I, point 6, paragraph 8 of Article 11 shall read as follows: "(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." 9. In Article I, after point 7, a new point is inserted, point 7 ^ 1, with the following contents: "" 7 ^ 1. Article 13 will read as follows: "" Art. 13. -The right of fishing in natural fish pools belongs to the state and shall be assigned by the National Agency for Fisheries and Aquaculture, as administrator of living aquatic resources, in accordance with the provisions of this law. "" 10. In Article I, point 8, Article 13 ^ 2 shall read as follows: "" Art. 13 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. " 11. In Article I, after point 8, a new point is inserted, paragraph 8 ^ 1, with the following contents: "" 8 ^ 1. Article 14 will read as follows: "" Art. 14. -Access to living aquatic resources, with a view to fishing for commercial purposes, shall be directly awarded 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. ' " 12. In Article I, point 9, Article 22 shall read as follows: "" Art. 22. -The management of living aquatic resources and the beneficiaries of 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. " 13. In Article I, point 10, Article 22 ^ 3 shall read as follows: "" Art. 22 22 ^ 3. -At the level of territorial structures, the organization of security is regulated by the status of managers. " 14. Article I (13), (2) and (3) of Article 30 shall be repealed. 15. In Article I, paragraph 15, paragraphs 5 and 8 of Article 38 ^ 25 shall read as follows: " (5) The protection zones shall be approved by the National Fisheries and Aquaculture Agency, at the proposal of the managers of living aquatic resources in the public domain. ........................................................................................ (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. " 16. In Article I, paragraph 16, letter c) of Article 55 ^ 1 shall read as follows: " c) non-loading of fishing gears; '; 17. in Article I, point 18, points e) and g) of paragraph 1 of Article 56 ^ 2 shall read as follows: " e) unauthorised electric fishing, fishing with explosive materials, fishing with toxic and narcotic substances of any kind, fishing with monofilament mesh in the Danube Delta, and the use of firearms for the purpose of killing fish or aquatic life; ........................................................................................ g) illegal marketing of fish, eggs and products from fish or possession or transport for sale, without legal documents. " 18. In Article I, point 19, Article 57 ^ 1 shall be repealed. 19. In Article I, paragraph 20, paragraph 1 of Article 61 ^ 1 shall read as follows: "" Art. 61 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, lie with the state budget and/or resource managers live water from natural fish pools and/or owners/keepers of the landscaped fish pools. " 20. In Article I, after paragraph 22, two new points are inserted, paragraphs 22 ^ 1 and 22 ^ 2, with the following contents: "" 22 ^ 1. Article 79 is repealed. 22 22 ^ 2. Point 2 of Annex no. 3 3 will have the following contents: "" Two. Recreational/sports fishing 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. "" 21. Paragraph 2 of Article II shall read as follows: " (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. " 22. Article II shall be inserted after Article II with the following contents: "" Art. II ^ 1. -The National Agency for Fisheries and Aquaculture, a public institution of national interest that responds on behalf of the state to the elaboration and implementation of the national strategy and policies in the field of fisheries and aquaculture, delegates the management The Administration of the Biosphere Reserve "Danube Delta" and the National Forest Regia-Romsilva, for the waters on the territory of the reserve, namely the mountain waters. " + Article II ((1) Provisions Law no. 192/2001 on living aquatic resources, fishing and aquaculture, republished, with subsequent amendments and completions, as well as those brought by this Law, shall amend accordingly the provisions of Law no. 82/1993 on the establishment of the Biosphere Reserve "Danube Delta", with subsequent amendments and completions. (2) The provisions contrary to this law shall be repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, DAN RADU RUSANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, May 5, 2005. No. 113. ----