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Law No. 298 Of 28 June 2004 On The Amendment And Completion Of The Law Nr. 192/2001 On Fisheries, Fishing And Aquaculture

Original Language Title:  LEGE nr. 298 din 28 iunie 2004 pentru modificarea şi completarea Legii nr. 192/2001 privind fondul piscicol, pescuitul şi acvacultura

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LEGE no. 298 298 of 28 June 2004 to amend and supplement Law no. 192/2001 on the fisheries, fisheries and aquaculture
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 593 593 of 1 July 2004



The Romanian Parliament adopts this law + Article I Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, republished in the Official Gazette of Romania, Part I, no. 627 of 2 September 2003, with subsequent additions, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 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 is the general regulatory framework, on the basis of which secondary legislation is issued for the fisheries sector. " 2. Article 2 shall read as follows: "" Art. 2. -The objectives of this Law are a) the pursuit of a balanced and responsible exploitation of living aquatic resources in natural basins, favouring sustainable development and the adoption of measures necessary to protect, 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) promotion of vocational training of fisheries personnel; 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) stimulating scientific research in fisheries. " 3. Article 3 shall read as follows: "" Art. 3. -For the purposes of this law, they are considered 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 helesters; b) ponds with their floodplains; c) storage; d) floating vipers; e) artificial reproduction stations; f) installations for superintensive growth; g) reservoirs in which aquaculture is practised. " 4. Article 4 shall read as follows: "" Art. 4. -For the purposes of this Law, the terms used shall be 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 exploitation-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 fishing and in continental waters. ' 5. Article 5 shall read as follows: "" Art. 5. -Living aquatic resources in natural fish pools are of national or local interest. " 6. Article 6 shall be repealed. 7. Article 7 shall read as follows: "" Art. 7. --(1) The strategy in the field of the protection of living aquatic resources and fisheries in natural fish pools, as well as from the landscaped fish pools, aquaculture and production recovery, regardless of the form of ownership or administration, shall be carried out by the central public authority responsible for fishing and aquaculture. ((2) The annual public authority responsible for fishing and aquaculture shall support from its own budget the achievement of the objectives and actions set out in the strategy. " 8. Paragraph 5 of Article 9 shall read as follows: " (5) 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. " 9. Article 11 shall read as follows: "" Art. 11. -(1) The incomes of the National Company for the Administration of the Fisheries Fund shall be constituted a) the amount of the royalty obtained from the concession of the living aquatic resources administered; b) income from own activities; c) tariffs. (2) The incomes provided in par. ((1) lit. b) remain at the disposal of the National Administration Company of the Fisheries Fund, having the following destinations: a) the financing of popular and restocking programs; b) financing of research activity; c) development of own aquaculture activity; d) financing the construction of the necessary fishing infrastructure (3) The National Company for the Administration of the Fisheries Fund may benefit from loans with preferential interest and facilities in the field of taxes and fees, under the law. (4) The revenue and expenditure budget of the National Company for the Administration of the Fisheries Fund shall be approved by Government decision. " 10. Paragraph 1 of Article 12 shall read as follows: "" Art. 12. -(1) Specific regulations concerning the concession of live aquatic resources from natural fish pools and the conditions and criteria for participation in tenders for concession shall be established by the public authority. the plant responsible for fishing and aquaculture. " 11. The title of Chapter II of Title II shall read as follows: " fishing rights, licensing and authorisation of fishing 12. In Title II, after the title of Chapter II, Articles 12 ^ 1 and 12 ^ 2 are inserted as follows: "" Art. 12 12 ^ 1. -Access to living aquatic resources is regulated by normative acts issued by the central public authority responsible for fishing and aquaculture, in order to ensure their protection, restoration and conservation, in accordance with this Law. and with international practice in the field. Article 12 ^ 2. -(1) 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. " 13. Paragraph 1 of Article 13 shall read as follows: "" Art. 13. -(1) The right of fishing in natural fish pools belongs to the state and shall be assigned by the managers of living aquatic resources, in accordance with the provisions of this law. " 14. After Article 13, Articles 13 ^ 1 and 13 ^ 2 are inserted with the following contents: "" Art. 13 13 ^ 1. -(1) The fishing licence shall be an untransmissible document issued by the central public authority responsible for fishing and aquaculture, on the basis of data recorded in the file of fishing vessels and boats, which will include data on the owner or, as the case may be, the manager of the vessel/boat, its technical characteristics, the fishing zone, the fishing gear and gear provided on board, and the period of validity. ((2) In the case of transmission of the property of the ship/boat, the new owner will communicate the change to the central public authority responsible for fishing and aquaculture in order to issue a new fishing licence. ((3) The non-use of the fishing licence, 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 the file. ((4) Fishing vessels and boats are required to have a fishing licence on board. Art. 13 ^ 2.-(1) The fishing authorisation issued by the managers of living aquatic resources shall contain data relating to its holder, the number of the fishing licence of the vessel/boat, the period of validity, the fishing zone, the modality of fishing 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 authorisation shall also be issued in the case of the exercise of fishing activity in waters which do not belong to the Romanian jurisdiction or sovereignty. ((. Within 90 days of the entry into force of this Law, the central public authority responsible for fishing and aquaculture shall establish the model of fishing authorisations. " 15. Article 14 shall read as follows: "" Art. 14. -Access to living aquatic resources, in order to practice fishing for commercial purposes, shall be awarded by the administrators of the State, as follows: a) by concession, on the basis of public auction, to companies, associations of fishermen and other forms of association; holders of assets and those who have ongoing contracts have the right of pre-emption to concession; b) other arrangements laid down by specific regulations by the central public authority responsible for fishing and aquaculture. " 16. Article 17 shall be repealed. 17. Article 19 (1) shall be inserted after Article 19: "" Art. 19 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. " 18. Article 20 shall be repealed. 19. Article 21 shall read as follows: "" Art. 21. -(1) Fishing for recreational/sporting purposes, means fishing carried out with fishing rod and 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. " 20. Articles 23 to 25 shall be repealed. 21. In Title III, after the title of Chapter I, Articles 26 ^ 1 and 26 ^ 2 are inserted with the following contents: "" Art. 26 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 ^ 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. " 22. Article 28 shall read as follows: "" Art. 28. -The concession of living aquatic resources from the public or private property of the state shall be made by the National Administration Company of the Fisheries Fund. " 23. Article 29 shall read as follows: "" Art. 29. --(1) The use of fish facilities for the production of fish production and other aquatic creatures is mandatory for all users. ((. The change of destination or the decommissioning of the fisheries shall be approved by the central public authority responsible for fishing and aquaculture, on the basis of the environmental opinion. " 24. Article 30 shall read as follows: "" Art. 30. --(1) The authorization of economic agents carrying out aquaculture activity shall be carried out in accordance with this law by the central public authority responsible for fishing and aquaculture. (2) In the framework of the central public authority responsible for fishing and aquaculture, the Register of aquaculture production units, of an administrative nature, shall be established, comprising all the units and installations used for the activity of aquaculture. 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. (3) The production units included in the Register of aquaculture production units will be granted the aquaculture licence for a fixed period, issued by the central public authority responsible for fishing and aquaculture. ((4) Any change in the change of its owner or manager, as well as changes in production capacity and cultivated species, must be communicated to the central public authority responsible for fishing and aquaculture, the purpose of updating the register and issuing a new aquaculture licence, as appropriate. (5) The central public authority responsible for fishing and aquaculture shall determine, within 6 months from the entry into force of this Law, the modus operandi in the Register of aquaculture production units, the criteria and conditions of the granting of the aquaculture licence and its period of validity. '; 25 articles 31 and 32 shall be repealed. 26. Article 35 shall be inserted after Article 35 with the following contents: "" Art. 35 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 central public authority responsible for fishing and aquaculture. " 27. Article 37 (1) shall be inserted after Article 37: "" Art. 37 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 be required to make available to the fish inspector all the means necessary for the performance of the inspection function. " 28. After Article 38, insert Article 38 ^ 1 with the following contents: "" Art. 38 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. " 29. After Title IV-"Fisheries Inspection", the titles IV ^ 1-IV ^ 4 are inserted with the following contents: "" TITLE IV ^ 1 Organisation of the fishery products market Art. 38 ^ 2. -The central public authority responsible for fishing and aquaculture shall establish measures for 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 ^ 3. -(1) 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 ^ 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 ^ 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 ^ 6. -It is 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 the way of obtaining it is not in accordance with the the rules laid down by the central public authority responsible for fishing and aquaculture or in contravention of veterinary rules. Title IV ^ 2 Structural policy and production capacity management Art. 38 ^ 7. -The policy of organising the fishing sector is achieved by: 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 ^ 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, with the aim of fishing responsible and improving the conditions for the sale of products made by their members. Art. 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. Art. 38 ^ 10. -(1) 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 ^ 11. -(1) 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 ^ 12. -The construction, modernisation and conversion of fishing vessels shall be carried out under the programmes carried out by the central public authority responsible for fishing and aquaculture, for the adaptation of fishing effort to the situation of aquatic resources living in fishing areas and taking into account the international obligations undertaken. Art. 38 ^ 13. --(1) The authorisation 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 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 ^ 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 obligations assumed. Art. 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 ^ 16. -(1) The final stop of a fishing vessel/fishing vessel shall be understood as an end to its fishing activity. (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 ^ 17. -(1) By temporarily stopping the activity of a fishing vessel/fishing boat, the cessation of activity shall be understood for a fixed 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 ^ 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 ^ 19. -Fishing or commercial vessels/craft which unload fishery products in the national territory must do so in ports established by the central public authority responsible for fishing and aquaculture. Title IV ^ 3 Measures to protect and manage living resources Art. 38 ^ 20. -(1) 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 ^ 21-On board ships/boats there must be a fishing logbook in which details of the fishing activity, established 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 ^ 22. --(1) Ships/boats, which unload in the national territory catches, must submit to the central public authority responsible for fishing and aquaculture, under the conditions laid down therein, a landing declaration which will include 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 ^ 23. --(1) The vessels/fishing boats 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. other 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 ^ 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 ^ 25. -(1) Annually, the central public authority responsible for fishing and aquaculture, on the basis of scientific studies, shall establish, by order, the periods and areas of prohibition of fishing, as well as areas for the protection of living aquatic resources. (2) For the flowing 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 other States. riverside. + Title IV ^ 4 Scientific research Art. 38 ^ 26. -In order 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 ^ 27. -Scientific research aims at key 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 ^ 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 ^ 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. " 30. Title V-"Protection of the fisheries fund", and Articles 39 to 52, shall be repealed. 31. Article 53 (1) shall be inserted after Article 53: "" Art. 53 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, with regard to fishing/aquaculture, marketing and transport of fishery products. " 32. Article 54 shall read as follows: "" Art. 54. -The following facts 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 the identity document, when they are requested by the persons empowered to find the contraventions. " 33. Articles 54 ^ 1 and 54 ^ 2 shall be inserted after Article 54: "" Art. 54 54 ^ 1. -The following facts 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; 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 ^ 2. -The following facts 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. " 34. Article 55 shall be repealed. 35. After Article 55, Articles 55 ^ 1-55 ^ 4 are inserted with the following contents: "" Art. 55 55 ^ 1. -The following facts constitute contravention and are sanctioned with a fine from 4,000,000 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 fixed or drifting fishing gear within the Razelm-Sinoe lagoon complex, in the Belciuc-Erenciuc ghioles and in the coastal lakes; c) the non-loading of fishing gear and fishing areas; d) failure to carry out, at the deadlines and under the established conditions, the measures ordered by the fish inspector. Art. 55 ^ 2. -The following facts constitute contravention and are sanctioned with a fine from 10,000,000 lei to 30,000,000 lei: a) stopping, slaughtering the bleep of the flowing waters or leaking water, total or partial, without the consent of the owner or beneficiary of the fish use; b) the introduction, without the opinion of the central public authority responsible for fishing and aquaculture, of species, breeds or hybrids of living aquatic resources other than existing ones; c) lack of authorization to carry out aquaculture activity in fish facilities. Art. 55 ^ 3. -The following facts constitute contravention and are sanctioned with a fine from 16,000,000 lei to 32,000,000 lei: a) retention on board, transhipment, unloading and marketing of specimens below the legal minimum size; b) refusal to allow access of authorized personnel for the control of ships/boats in motor vehicles, in production units, as well as in the perimeter of aquatic basins operated by recreational/sports or commercial fishing; c) commercial fishing in areas and in periods of prohibition; d) non-registration or deletion of the identification number of fishing vessels/boats and of vessels/fishing vessels. Art. 55 ^ 4. -The following facts 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 culpable reduction of water flow on natural or landscaped water courses, if this endangers the existence of living aquatic resources; d) the destruction, degradation or culpable reduction of the perimeter protection areas of the landscaped fish pools; e) non-installation or destruction of devices preventing the entry of fish into water supply systems, irrigation, as well as in hydropower plants; f) failure to take measures to clean up fishing areas and to protect and rescue living aquatic resources, to build or empty reservoirs; g) failure to provide the necessary water flow for the normal development of the fish fauna downstream of a baring work; h) fishing with ostia, spear, tepoaica and any other prickly and clinging tools, by raking or harping; i) fishing with nets, voloacs, crassias, gillnets, aves, dumps, varse, vines or other industrial fishing gear without authorisation or fishing permit; j) commercial fishing on the course of a flowing water, in the area of 500 meters downstream of the dam. " 36. Article 56 shall be repealed. 37. Article 56 (1) shall be inserted after Article 56: "" Art. 56 56 ^ 1. -(1) The following acts constitute a crime and are sanctioned with a criminal fine from 50,000,000 lei to 100,000,000 lei: a) unauthorised electric fishing, fishing with explosive materials, fishing with toxic and narcotic substances of any kind, fishing with japca and any other unauthorised gear, as well as the use of firearms, for the purpose of killing fish or other aquatic life; b) fishing by means of any breeding methods during the prohibition period and destruction of the fish embryos, in areas of natural reproduction; c) the use, with any title, of navoades, voloacs, setci, ave, prostovpots, varse, vintire, as well as other types of commercial fishing gear by natural persons or unauthorized legal persons, discarding or storage of sawdust, waste household and zootechnical and any materials and materials, products and polluting substances on the banks of rivers, streams, lakes, puddles and fish facilities; d) the reduction of the flow and the volume of water in the fish facilities and on the water courses, for theft, respectively for poaching; e) the opening, closing, shuttering, barring with fishing fences or fishing gear of any kind, of the canals and of the lacquers with lakes, puddles or flooded lands; f) the deliberate fishing or killing of marine mammals; g) the procurement, transport and illegal marketing of fish, eggs and fish products; h) fish theft, by any means and methods, from fish facilities. (2) The attempt is punishable. " 38. Article 57 shall be repealed. 39. Article 57 shall be inserted after Article 57 (1) with the following contents: "" Art. 57 57 ^ 1. -When the crimes provided in art. 56 ^ 1 are committed by persons with duties of finding crimes and contraventions, the penalties shall be doubled. " 40. Article 58 shall be repealed. 41. Article 58 shall be inserted after Article 58 with the following contents: "" Art. 58 58 ^ 1. -Any judicial decision, which gives a conviction for fishing offences, may exclude the offender from producer organisations for a period from 1 year to 3 years. " 42. Articles 59 to 61 shall be repealed. 43. Article 61 (1) shall be inserted after Article 61: "" Art. 61 61 ^ 1. -(1) The amount of compensation due for damage caused to living aquatic resources by criminal offences shall be determined by the experts, shall be decided by the courts and shall, as the case may be, lie with the state budget or the administrator of the fisheries. (2) In order to establish compensation due for damage caused to living aquatic resources, by contraventions committed during the prohibition period or in the perimeter of reserves or nurseries, the double of the day on the market in the area in which the act was committed. " (2) The goods resulting from the commission of the contravention, 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. " 44. Article 62 shall be repealed. 45. Article 62 shall be inserted after Article 62, with the following contents: "" Art. 62 62 ^ 1. -(1) The gear and fishing boats, means of transport, firearms and any other goods that were used to commit the act are subject to confiscation. 46. Article 63 shall be repealed. 47. Article 63 shall be inserted after Article 63 with the following contents: "" Art. 63 63 ^ 1. -The finding of contraventions and the application of sanctions shall be made by the personnel with the right of control of the Fisheries Inspection. " 48. Article 64 shall be repealed. 49. Article 64 shall be inserted after Article 64 with the following contents: "" Art. 64 64 ^ 1. -The provisions of this Law are supplemented by Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. " 50 articles 65 to 69 and 71 to 72 shall be repealed. 51. Article 77 shall read as follows: "" Art. 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. " 52. Article 78 and Articles 80 to 84 shall be repealed. + Article II 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". + Article III Law no. 192/2001 on the fisheries, fisheries and aquaculture fund, republished in the Official Gazette of Romania, Part I, no. 627 of September 2, 2003, with subsequent additions, as well as with the amendments and completions brought by this law, will be republished, giving the texts a new numbering. 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. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 28, 2004. No. 298. -------------