Law (2009:866) Of Transferable Fishing Rights

Original Language Title: Lag (2009:866) om överlåtbara fiskerättigheter

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:866

Introductory provisions



section 1 of this Act is intended to promote the ship's structure in

the Swedish fleet helps to preserve

fisheries resources and to a fishery that is sustainable in the

economically, environmentally and socially.

Law (2014:1025).



section 2 of this Act means



1. the fishing licence: authorisation for the use of

fishing vessels referred to in article 6 of Council Regulation (EC) no

1224/2009 of 20 november 2009 establishing a

Community control system for ensuring that the

the rules of the common fisheries policy,

amending regulations (EC) no 847/96, (EC) no

2371/2002, (EC) No 811/2004, (EC) no 768/2005, (EC) no

2115/2005, (EC) no 2166/2005, (EC) No 388/2006, (EC) no

509/2007, (EC) no 676/2007, (EC) No 1098/2007, (EC) no

1300/2008, (EC) No 1342/2008 and repealing Regulations

(EEC) No 2847/93, (EC) no 1627/94 and (EC) No 1966/2006

and



2. national fishing quota: the quota in question is

available for allocation to Swedish ships under EU

regulations relating to the common fisheries policy.

Law (2014:1025).



Fishing rights



section 3 of the part of the national fishing quota that is made

available for fishing by individual quotas, maritime and

the water authority of a fishing licence holders decide

a transferable share (fishing rights). Size of unit

be determined on the basis of the extent of

fishing licence holder's earlier fishing during a

reference period. Law (2014:1025).



Transfer of fishing rights



section 4 of the Fishing rights may be transferred to another

fishing license holders, if the transfer do not undermine the purpose of the

with the law.



The transfer must be approved by the marine and water.



Marine and water authority shall in its decision approving the

determine the parties ' ownership of fishing rights.

Law (2014:1025).



§ 5 A fishing license holders must have fishing rights for

a maximum of two ships simultaneously.



Possession of a fishing licence holders fishing rights may

not exceed 10% of the part of the national

fishing quota that is made available to fishing by individual

quotas.



If there are special reasons, marine and water

approve a transfer, despite the fact that the fishing licence holder

After the acquisition is a major holding of fishing rights than

What is permitted under the first and second subparagraphs.

Law (2014:1025).



The period of validity of fishing rights, etc.



section 6 of the Fishing rights are valid for 10 years from the date of the marine and

the water authority's decision to establish the fishing rights.



Fishing rights set out in a decision to approve a

the transfer is valid only for the remaining duration of the

original period of validity of fishing rights. Law (2011:618).



section 7 of the Sea and the water authority may decide to suspend or

limit the fishing rights on the holder's licence has

revoked or limited. Law (2014:1025).



paragraph 8 of the Fishing rights that has been withdrawn may be assigned a

other fisheries license holders. Such fishing rights apply

during the remainder of the original

the period of validity of fishing rights. Law (2014:1025).



Authorization



§ 9 the Government or authority the Government determines

may provide for



1. how fishing rights should be calculated, and



2. basis for the allocation of fishing rights withdrawn.



The Government may provide for the fish species

fishing rights may be determined. Law (2014:1025).



Appeal



10 § marine and water authority's decision under this Act may

be appealed to the administrative court.



Leave to appeal is required in case of appeal to the administrative law.

Law (2011:618).



Transitional provisions



2014:1025



1. this law shall enter into force on the 1 October 2014.



2. A vessel permit has been issued under section 21

the Fisheries Act (1993:787) in the version in force before 1 October 2014

as a fishing license with the restriction to a particular

validity period, a certain fishing or other conditions

of the ship's condition.