The scope of the law
section 1 of this Act concerning the right of fishing and fisheries in Swedish
territorial waters and in Sweden's economic zone. In the case that
specifically the law also applies to Swedish sea fishing outside the
economic zone.
Provisions concerning the exclusive economic zone Act (1992:1140)
If Sweden's economic zone.
section 2 of the provisions of this law on fisheries in public waters comes
while fishing in the exclusive economic zone with the limitations
prompted by lagen (1966:314) om kontinentalsockeln.
What is meant by public and private waters emerges from the Act
(1950:595) on the border with the general body of water.
section 3 of this law with the Tornio-fishing area
1. Könkämäeno and Rivers as well as the section of the Torne River
and the lakes in which the border between Sweden and Finland
run (gränsälvarna),
2. the bodies of water that are side branches to gränsälvarna, however,
not tributaries,
3. The Tornio river branches, and
4. the part of the Gulf of Bothnia, which is North of and within a
line from Haparanda on over Northeastern port Potter
point, easternmost point, the northernmost Ylikaris Sarvenkatajas
point and from there in a straight easterly direction to riksgränsen and
thence south along the border to Tornio and Kemi
the municipal border and further on in Northeast direction along the
the municipal border with the Mainland. Government Announces rules
If the coordinates of the break points that separate
the fishing area.
With the Riverside area is that part of Tornio-fishing area as
situated north of the river mouth, determined that a straight line drawn
between the tip of the Hellälä Northern Peninsula on the Finnish side and
Cape Virtakari on the Swedish side and North of a straight line
drawn through the southern tip of Oxö and Palosaari. With the sea area
is that part of the fishing area that lies to the South of this line.
This law shall not apply to the extent that it is contrary to
regulations that have been issued with the support of 7 or 8.
the environmental code.
Provisions that permit is required for certain activities
and measures, see Chapter 7. 28 a-29 (b) of the Environment Act.
If the Sami right to fishing in some parts of the country and if
fishing areas are subject to special provisions.
Law (2010:901).
Definitions
Fish and fishing
section 4 What's in the law about fish also applies to aquatic molluscs
and aquatic crustaceans.
for the purposes Of section 5 of the fishing activity designed to capture or kill
free live fish.
section 6 of the repealed law (2014:1026).
Fixed and movable equipment and hand tools
section 7 With fixed gear means
1. fishing,
2. fishing gear with flexure pivot, if the gear is attached to the
the bottom or beach and covered in more than two days in
as a result.
With movable gear "means fishing gear which is not fixed
gear.
With the hand tool covered rod, lure, and similar sliding gear
equipped with line and maximum ten hooks.
In the Tornio-fishing area referred to in
1. fixed gears: gears with flexure pivot, such as laxfälla and
big trap net, intended to be used in the same place for at least two
day,
2. small fish traps: one to the bottom weighed down with a trap net båghöjd
lower than 1.0 m and where no part is higher than 1.5 m,
3. rooted networks: network with anchors, weights or their own
weight is put on or be anchored at or above the bottom and that
do not operate with water,
4. flytnät: network drifting with the current,
5. kullenät (kolknot): the note that is attached to the boat,
6. draw: artificial lures, lures, flies, or
comparable baits which are fitted with hooks and that with
their movements, colors, or shapes attract fish to strike,
7. hand gear: rods, jig or similar sliding gear
is equipped with the line and lure or hook, and
8. natural baits: live or dead bait and
Odoriferous preparations. Law (2010:901).
The rights of fishing
If fishing in General, and private waters
section 8, Every Swedish citizen may fish in public waters. Every Swedish
citizens can also fish in the sea at such beaches, islets and
islets as of June 30, 1986, was owned by the State and then not heard
to any Homestead or held on special conditions.
§ 9 in the individual water belongs to the property owner. Every Swedish
citizens have the right to fish in those waters to the extent
and in the manner set out in the annex to this law.
Shorelines oeh water depth shall for the purposes of
the provisions of the annex, shall be determined, if not otherwise indicated,
According to section 8 of the Act (1955:595) on the border with the general body of water
as well as in the Lake with a water level of 4.2 meters
over the West Gate threshold at Karl Johans torg in Stockholm.
9 a of The fishing with moving tool may use only
NET, longline, trap net, cage, hand tools and landing net. When fishing with
nets, longlines, nets and cages, not exceeding six
gear used at the same time. In addition, lobster fishing,
a maximum of fourteen cages (lobster traps) must be used. A longline,
be equipped with a maximum of 100 hooks. The total length of the nets,
must not be more than 180 metres.
The first subparagraph shall not apply to the
1, fishing with assistance of a fishing licence or personal
fishing license, or
2. in possession of fishing with property rights or have the right to fisheries
because of a right of use which also includes other fisheries than
It is free for everyone.
The Government may announce further provisions on exceptions
from the first paragraph.
Regulations on limitations in the tool use in addition to
the restrictions referred to in the first subparagraph may be given with
under section 19. Law (2014:1026).
section 10 For fishing without the support of individual fishing rights, fixed gear
be used only with the permission of the authority that the Government
determines.
section 11 of the one who has the right to fish in private waters may not be refused permission
to stretch fixed gear from the individual water out into the General
water, if it can be done without harm to other fishing or other
considerable interest.
section 12 Permits to stretch fixed gear from private waters further out
in General, water is not needed
1. on the coast of norrbotten County,
2. on the coast of Kalmar county South of crows Lund,
3. for the eastern coast of Blekinge County (North of the Tor port headland) and the East
If a line drawn from the Tor port headland over Willow cut north tip
and the southern end of the southern tip of Clint Utlängans, and
4. in the case of Scania's Eastern and southern coasts.
The fixed gear shall not in any circumstances be stretched in public
water more than 200 metres from the curve of three meters deep that
follow the beach on the Mainland or on an island by at least 100 meters
length.
paragraph 13 of the foreign citizens may fish with hand tools in
accordance with the provisions of §§ 8 and 9 on the Swedish
citizens ' right to fish.
Foreign natural and legal persons covered by the
Sweden's international commitments on freedom of establishment,
the free movement of labor and exchange of services,
fish professionally on the same terms as the Swedish physical and
legal persons.
Without the support of the individual right to fish, other fisheries conducted by
foreign nationals or vessels only if it is accepted in
13 a section or in regulations issued by the Government or
the Government authority determines. Foreign citizens
permanently resident in this country, however, is equal
with Swedish citizens. Law (2014:1026).
13 a of the Fishing vessels from other Member States of the European
the Union has access to fishing in waters within 12
nautical miles from the baseline, only if such right is shown by
Article 5 and annex 1 of European Parliament and Council
Regulation (EU) no 1380/2013 of 11 december laying down the
common fisheries policy, amending Council
Regulations (EC) No 1954/2003 and (EC) no 1224/2009 and if
repealing Council regulations (EC) No 2371/2002 and (EC)
No 639/2004 and Council decision 2004/585/EC.
The first paragraph does not apply if otherwise stated in regulations
given by virtue of section 13, third paragraph.
Law (2014:1026).
Provisions concerning the right of fishing in some cases
14 § right to fish to be found in such common referred to in law
(1952:166) if the district Commons or Act (1952:167) if
common forests in northern Sweden and Dalarna shall be used by
allmänningens partner.
Some owners may lease the fishing rights for the common benefit. A
such a decision shall be taken in accordance with the regulations for allmänningens
management.
section 15 in respect of the acquisition of a right to fish that are common for
more real estate in cases other than those referred to in section 14 of the law
(1973:1150) on the management of corporations.
Of a property held in co-ownership, the County Administrative Board,
on the application of any of the parties, decide on the fishing
conducted on the property. This does not apply if the fishing right is
in common with another property or if the property only
of such a right.
The provisions of the first and second subparagraphs shall not apply to fishing law
included in a fishing area.
16 § at the agricultural tenancy, the tenant use the fishing law
belong to the Earth, unless otherwise agreed.
Relating to leasing only part of a property, the rules in section 15
second subparagraph, of the property held in co-ownership
applied, if not the scale of fishing right has been agreed.
Land area shall be sharing basis unless another
sharing basis is more appropriate.
About fiskådra
section 17 in each branch of a river or a strait where the fish
has their time, there should be a fiskådra in the deepest water.
Fish vein constitutes one-sixth of the width at most frequently
frequent low water levels. At the inlet of the river and
estuary and sunds terminal points extending fish vein with
three hundred metres width unchanged further out in the deepest
the water.
The County Board shall, except in the Tornio-fishing area, decide
that fish vein should go in another part of the water than what is being said
in the first paragraph. The associations concerned must have the opportunity to be heard
in the matter before a decision is taken. If the change involves a
significantly but for any interested associations, called for his
consent to the operation.
In the Riverside area within the Tornio-fishing area to fish the Lode, in
rather than what is specified in the first subparagraph, constitute one third
the width of the River at normal low water flow. A fiskådra
in streams outside of Tornio-fishing area which drains into
watercourses in the Riverside area continues with unchanged width
until it reaches the fish vein in the Riverside area. Law (2010:901).
section 18 of the Fish must be left free from the lode of fishing gear which may
prevent the fish again. Any other device other than fishing gear,
also not be released into or upon fish vein in order to prevent
the fish that go in vein.
The County Board shall, except in the Tornio-fishing area, allow
way of derogation from the first subparagraph, if it can be assumed
that it does not lead to significantly but for someone who does not
consented to the operation. Law (2010:901).
Closed zones within the Tornio-fishing area
18 a of the sea area within the Tornio-fishing area shall be
closed zones referred to in paragraph 3 of the fishing Charter
Tornio-fishing area, annexed to the
gränsälvsöverenskommelsen between Sweden and Finland. In a
closed zone, fishing gear or other equipment not
be placed or used so that fish's time in the zone can be prevented
or that the fish can't get there or can not move
there.
The Government may provide for the water
within the Tornio-fishing area to constitute closed zones.
Law (2010:901).
Fisheries, etc.
Regulations for fishing
section 19 of the Government or the authority the Government may
provide for the care and operation of fisheries fisheries that
prohibiting or restricting the
1. fishing with respect to which fish may be caught,
2. the use of fishing vessels, fishing techniques or
fishing gear,
3. fishing in certain areas or for certain purposes,
4. the use of gear, bait, boats or anything that may
spread the crayfish plague or some other disease.
The Government or the authority the Government may also
provide for fishing care relating to prohibition on
keep fish caught, process the fish on board, keep the fish in the
sump or to trans-ship, bring in the country, bringing into the country or
holding fish.
The Government may provide for fishing the care and
the operation of fisheries that deviate from specific provisions of the
the fishing Charter annexed to the gränsälvsöverenskommelsen
between Sweden and Finland in respect of the postponement of
different categories of fishing by the start date specified in the
Charter for fishing with fixed gear in the sea area. Commercial fishing
conducted with fixed gear or fishing with fixed
gear shall, however, be initiated last June 29. Regulations may
refer to also implement restrictions.
The Government may provide for fishing the care and
within the Tornio operation of fishing fishing area that differs
from the special provisions in the fishing Charter set out in
third subparagraph, after agreement with the Finnish Government
or the competent Finnish authority, and that
relates to the allowable fishing periods and fishing methods, allowable gear,
the number of fishing gear or other technical rules for fishing
and the fishing grounds that will be covered by Annex II to the
Fishing Charter, if
1. the situation of fish stocks allows it, or
2. with regard to the protection of fish stocks and
securing sustainable use.
The regulations issued pursuant to the fourth subparagraph,
bounded to a part of Tornio-fishing area, a
part of the fishing season, or a single technique and get
be limited to one season at a time.
Deliberations on the amended regulations shall commence upon such
time and be in such a pace that the local fishing interests have time
be heard and there are conditions for a decision on
Regulations no later than 1 april of the year in which the regulations shall
applied. Law (2010:901).
19 a of the Government or the authority that the Government
determines may provide for the obligation to take
on board and bring in land fish that has been caught. Law (2014:1026).
section 20 of the Government or the authority the Government may
provide for the consideration at the fishing should be
to the conversation's interests. The regulations, however, must not be
so onerous that the fishery is considerably more difficult.
The Government or the authority that the Government may
provide that in proceedings under this law shall be a
analysis of the impact of fishing practices and discontinuation of
fish species has on the environment. Regulations may lead to a
such an analysis should be made by those who intend to use the methods
or put out fish species. Act (1998:848).
section 21 of the Government or the authority, as the Government determines
may provide for a special permit for fishing for
a certain species, in a given area, with a certain fishing vessels
or with the use of certain gear or fishing methods.
Law (2014:1026).
section 22 of the Government or the authority, as the Government determines
may provide for the obligation of the holder of the
commercial fishing licence under section 30, or that without the support of such
license fish to sell the catch to provide data on
1. fishing vessels, fishing gear, fishing techniques, fishing, time, and location
for the catch, transhipment, landing, marketing, and
2. other conditions on fishing which is of importance for
the application of the Community regulations on the common
fisheries policy.
The Government or the authority that the Government may
provide that a fishing vessel shall have the equipment
automatically via satellite transmits information about the ship.
Lag (2003:251).
section 23 of the Government or the authority the Government may announce
regulations on how fishing gear and aquaculture facilities shall
be marked out and how fishing gear and corf shall be marked with
holder's name or other identifiers. Law (1995:1388).
section 24 of the provisions adopted pursuant to §§ 19-23 shall also apply
at the Swedish sea fishing off Sweden's economic zone in the
international waters and in waters where fishing is conducted with the support
of international agreements. Law (1996:1076).
On the relationship between the fishing
section 25 of The fishing shall show consideration to others who reside in
area. Fishing must be operated so that the other fishing not unnecessarily
be hindered.
If several anglers to fish in the same waters, and it can't be done
at the same time, the fish in the order that they come to the site.
Private fishing gear to be used so that it is not ensnared together
with or damaging other people's gear.
After the closure of fisheries shall not anything left that can prevent
other anglers.
First-fourth subparagraphs shall also apply to Swedish sea fishing
outside the Swedish economic zone in international waters and in other
waters where fishing is conducted with the support of the international
agreements. Law (1996:1076).
section 26 of the water where every American citizen has the right to fish, fishing
not without permission, will be carried out 100 metres from closer than a fixed gear
or an aquaculture facility, if the gear or plant has
marked in the prescribed manner.
If the right to use someone else's Beach
paragraph 27 of the Dcn fishing may temporarily use someone else's Beach and
waters to pull up or make fast boat or gear, whether it
needed for fishing and if it can be done without inconvenience to the
holding the beach. For the fishing Professional without the support of
individual fishing rights, this applies even if the nuisance arises, in
provided that the compensation payable for damages and breach.
Planting and cultivation of fish
28 § Regcringen or the authority that the Government may
provide for requirements on special permit and if the conditions in
Moreover, in order to fish shall be discontinued, moved or grown.
On action against mismanagement of the fishery
section 29 Of the one who has the right to fish in private waters in violation of the General
neglect the interests of fisheries by fishing in too large a scope
or by allowing be to fish, the County Board shall submit to him
to conduct fishing operations in a way that is needed to remedy
mismanagement. If someone other than the owner, the fishing right, may
the order nevertheless directed against the owner.
The owner or holder is obliged to bear to a prescribed action
be taken even if the injunction against the other.
Fishing license and personal fishing license
29 a of That commercial fishing with fishing boats in the sea,
be conducted only with the aid of a fishing licence under article 6 of the
Council Regulation (EC) no 1224/2009 of 20 november 2009
establishing a community control system for
ensure that the provisions 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.
Personal fishing licence may be granted for professional fishing
do not require a fishing license. By 9 a § indicates that the fishing
with the aid of a personal fishing license is exempt from the
limitations in the tool use as specified in the
paragraph. Law (2014:1026).
29 b of A fishing licence may, on application, be granted both
physical and legal persons.
A personal fishing licence may, on application, be granted physical
persons.
If the applicant for a licence in accordance with the first paragraph is a
other than the owner of the vessel to be used for fishing,
to proof that the applicant is in possession of the vessel be annexed
to the application. Law (2014:1026).
30 of A fishing licence may be granted if the
1. fishing activities conducted in the course of trade,
2. fishing has related to the Swedish fisheries sector,
3. the vessel used for fishing is registered as
fishing vessels in the register referred to in Chapter 1. section 2 of the
maritime law (1994:1009), and
4. the requirement that fishing capacity shall be kept out of the Swedish
the fishing fleet in accordance with article 23 of the European Parliament
and Council Regulation (EC) no 1380/2013 is met.
A personal fishing licence may be granted if the condition in
the first subparagraph of paragraph 1 is met.
A licence may be limited to a particular fishery and
be granted for a certain period of time.
When a question about the license are heard for the first time, the availability of
fish are taken into account.
The Government or the authority that the Government may
notify additional regulations on the condition in terms of
link to the Swedish fishing industry and whether the requirement to
fishing capacity should be kept out of the Swedish fleet.
The Government or the authority that the Government may
provide for the specific conditions which must be
met for a new license will be issued after
the recall. Law (2014:1026).
section 31 A fishing licence may be withdrawn if the
1. it has been issued due to incorrect information in
application,
2. the fishing licence holder no longer complies with the requirement
on to fishing should be conducted in the course of trade,
3. the fishing licence holder no longer complies with the requirement
on that fishing should be affiliated to the Swedish fisheries sector,
or
4. the ship is not registered in the fishing vessels
vessel register referred to in Chapter 1. section 2 of the maritime law
(1994:1009).
A personal fishing licence may be withdrawn if the
the conditions in the first subparagraph 1 and 2 are fulfilled.
In section 56 provides for revocation of a fishing licence and
personal fishing license on grounds of offences under this Act
or violations that led to the penalty referred to in
regulations issued under the law.
Law (2014:1026).
32 § questions about fishing license and personal fishing license is tested
by the authority that the Government determines. Law (2014:1026).
International fisheries control
33 § at the Swedish sea fishing outside Sweden's territorial waters,
compliance with international agreements on fish conservation
and of fisheries operation controlled by the foreign authorities
specified in regulations issued by the Government or the
the Government authority determines.
Such a foreign authority shall be given access to Swedish
fishing vessels and shall be given an opportunity to examine the fishing gear,
catch, cargo spaces and equipment in General, and to take advantage of
the log books and documents relevant to fisheries which are
on board. The agency finds that a provision for fishing
been violated seriously, it may bring the ship to
port.
The master of a fishing vessel is required to facilitate the
implementing the measures. Act (1998:343).
Supervision, etc.
34 section For supervision over compliance with this Act and the
the provisions adopted pursuant to this law, the Government or the
the authority that the Government appoint fishing supervisors.
For the enforcement of this Act and the regulations as
issued pursuant to the Act and regulations in the EU
regulations relating to the common fisheries policy has a
fishing supervisor appointed thereto and other
executives of marine and water,
the County Administrative Board or other authority in which it is included
to monitor compliance with the provisions on fishing rights to
1. get access to vessels, vehicles, domains, sites,
buildings, premises and other areas where fish and equipment
for fisheries, stored or handled in order to make the
examinations and take the samples needed for supervision, without
that compensation will be provided,
2. on request, the information and documents required for
supervision, and
3. get the help needed for the supervision of the subject
for the action.
A supervisor may also be given the mandate to take the property in
the seizure under section 47.
The police authority shall, on request, provide the necessary assistance at
supervision.
On the supervision for the control of compliance with EU regulations
on the common fisheries policy applies the second paragraph also
for the EU institutions and the institutions designated
inspectors.
The monitoring of fishing in the Tornio-fishing zone may be carried out
the Joint Finnish-Swedish patrols. In the case of joint monitoring
in the Swedish part of the fishing area has competent Finnish staff
Observer status.
Competent authorities which shall, if necessary, Exchange
information with the Finnish authorities. Law (2011:615).
35 § the authorities that the Government must notify the
injunctions and prohibitions that are needed for this law,
regulations issued under the Act or regulations
in the EU's regulations on the common
fisheries policy shall be adhered to. A decision on the injunction
or prohibition may be subject to a penalty.
If anyone fails to comply with the law or regulations that have
issued pursuant to the Act or are not following a announced
injunction, marine and water or
the County Board may decide for the rectification at his expense. In
urgent cases, such a decision will be announced without prior
injunction. Law (2011:615).
36 § Government or authority that the Government may
provide for fees for the activities of a public authority under this
law or by regulations made under the Act.
Penalty provisions, etc.
Penalty
37 § anyone who wilfully or negligently:
1. without permits, fishing in the water in which the other has individual fishing rights,
2. without any official permits under this Act fish
where such a licence is required, or
3. put out or put a gear or a
device in violation of what is true if fiskådra or place
or use a fishing gear or another device in the
contrary to what applies in such a closed zone referred to in
18 a of the
shall be liable to a fine or imprisonment of up to one year, unless otherwise
to the provisions of § 41.
In minor cases should not be tried for responsibility. Law (2010:901).
37 a of the one who wilfully or negligently contravenes
implement the limitations in paragraph 9 (a) is sentenced to a fine or
imprisonment of up to one year.
In minor cases, it should not be responsible.
Law (2014:1026).
38 section to fine or imprisonment not exceeding six months sentenced Commander
or else who wilfully tries to impede such verification as
referred to in paragraph 33, unless the Act is punishable by imprisonment in
the Penal Code. The same shall apply to masters who willfully
violation of paragraph 33.
39 section to a fine person who wilfully or negligently breaks
at paragraph 25 of the other--fourth subparagraphs or section 26.
In minor cases shall not be responsible.
39 a of to fine or imprisonment not exceeding one year are judged on that
wilfully or negligently violates the obligation to
take on board and bring the fish caught in the country as laid down in
Article 15 of the European Parliament and Council Regulation (EC) no
1380/2013, in the original wording.
In minor cases, it should not be responsible.
Law (2014:1026).
section 40 of The who wilfully or negligently contravenes
regulations issued pursuant to section 19, section 20 of the first
paragraph or paragraphs 21-23 shall be liable to a fine or imprisonment of up to
one year, subject to the provisions of § 41.
To the same punishment person who with intent or by gross
negligence violates EU regulations on the common
fisheries policy through unauthorised fishing or continuation
fish aboard, process the fish on board, keep the fish in the sump or
trans-ship, bring in the country, bringing into the country or holding the catch in
violation of the rules or by violating the provisions
If storage of fishing gear on board, or if notification or
obligation. The foregoing applies only if no other
to the provisions of § 41.
Liability under the first or the second subparagraph shall not be sentenced
If the offence is minor.
The one who is guilty of attempt or preparation for
offences referred to in the first subparagraph shall be liable to a liability under 23
Cape. the Penal Code. Lag (2003:251).
section 40 (a) Of an offence under section 37 or 40 are considered to be grossly
is sentenced to imprisonment not exceeding two years in cases other than those referred to in
paragraph 41.
In determining whether the offence is aggravated, shall in particular be taken into account if
It concerned the activities of a particularly large scale, capture of
significant value or catch out of the listed stocks.
Lag (2003:251).
40 b of liability under section 40 of the first or second subparagraph, the
not be convicted of the offence can lead to penalty according to
regulations issued under section 50. Law (2008:438).
41 section On that in Sweden's economic zone, commit crimes under 37
or 40 § is sentenced to a fine.
If someone at the fishing in the trade or business has committed the offence under
section 37 or 40 by conducting illegal fishing or by
the rupture in the obligation to provide information on fishing shall, if
the deed relates to activities involving the use of
fishing vessel equipped with motor and the penalty is determined to a fine,
the fine shall be deemed to be a krona that corresponds to the lowest ten and
not more than five hundred times the number of kilowatts in the engines on
the fishing vessel. The minimum amount is one thousand dollars.
Lag (2003:251).
42 § fine person who wilfully or negligently:
planting out fish, moving fish or cultivate fish without authorization or
contrary to other regulations under section 28.
In minor cases shall not be responsible.
43 repealed by law (1995:1388).
section 44 If a penalty order or injunction under section 35 have
been infringed, shall be liable not to liability under sections 37-42 of the Act
covered by the injunction or prohibition. Law (2008:438).
Special effects, etc.
section 45 if it is not clearly unreasonable, the fish that had been
the subject of the offence under this law is declared forfeit.
The same applies to the other Exchange of such breach. Also what someone
has received as compensation for the costs associated with a
such an offence or the value of the received must be explained
forfeited, if the receipt constitutes offence under this Act, and
the forfeiture is not manifestly unreasonable.
If only part of a consignment of fish was the subject of the offence under
This law, the whole party be declared forfeited unless it can
be investigated how much of the lot covered by the offence.
Fishing gear used or carried by the offence under this
law shall be declared forfeited, unless it is unreasonable.
The same applies to fishing vessels and other means if necessary
to prevent crime.
In addition to what is said in the third paragraph, property explained
forfeited, if the property has been designed to be used as
assistive products for offences under this Act and the offence has
been completed or procedure has been a punishable attempt
or a criminal preparation and forfeiture are needed to
prevent crime.
Instead of fish, the gear or the property that would otherwise
been used, carried or intended to be used as
AIDS, its value can completely or partially explained
forfeited. Can the evidence of value not at all or only with
difficulty, the value is estimated to be an amount that is
reasonable in the circumstances.
Forfeiture shall not be made solely on the grounds of infringement of the
section 25 of the second-third paragraphs. In the event of a breach of section 25 of the fourth
paragraph or section 26 shall not cover confiscation other than
fishing gear. Act (2005:305).
section 46 in case of forfeiture under this law is the master of a
fishing vessels used in violation of the law, jurisdiction, in respect of
property owned by someone else, bring an action on the owner's behalf.
47 § if someone flagrante delicto when he or she
committing offences under this law, the seizure is made of fish,
gear, fishing vessels or other objects
1. can reasonably be assumed to be relevant to the investigation of the offence;
or
2. can be assumed to be subject to forfeiture under this Act.
Powers referred to in the first subparagraph have
1. fishing supervisors given appointment as per paragraph 34 third
subparagraph, and
2. such officers of the coast guard, maritime and
the water authority or provincial government in which it
included to monitor compliance with the provisions on fishing.
The same power is, if fishing violates individual fishing rights,
the holder of the fishing right or representing him
or her.
If the property has been seized pursuant to the first subparagraph shall
This promptly reported to Police or prosecutors.
The police officer or prosecutor who receives such a notice of
the seizure shall take the same measures if he or she
made the seizure.
If the holder of individual fishing rights or the representing
He or she has taken the fish seized, may, however,
fishing right holder keep the fish without reporting it, if
the seizure only based on this law.
Fish seized and that obviously should be explained
forfeited shall immediately after the seizure to be placed in the
water area where it caught, if it is capable of living and the
can be made without specific costs or inconvenience.
Law (2014:700).
48 § offences under this law include infringement of individual fishing rights,
go to forfeit fishing fish owner or its value.
section 49 The who have committed offences under this law shall be liable in Swedish
Court, although Chapter 2. 2 or 3 of the criminal code is not applicable.
50 § If a violation of this Act or any regulation
issued pursuant to the Act has been perpetrated in the exclusive economic zone,
get the criminal prosecution be brought before the District Court whose jurisdiction is the closest
the place where the crime was perpetrated or at the District Court in whose
jurisdiction over the port is located where the suspect arrives with his
ships.
Administrative sanctions
Fines, etc.
50 a of the Government may provide that the
operating with the support of the fishing license or personal
fishing license or otherwise fishing in the course of trade shall pay
a fine if he violates any of the
regulations or European regulations referred to in section 40 of the first
and second subparagraphs.
The amount evidenced by the Government's rules.
The fee shall amount to at least 1 000 kroons and not more than 500 000
SEK. When the Government determines the amount, account shall
be taken of the gravity and importance of the
provision to which the infringement relates.
The fine shall accrue to the State. Law (2014:1026).
50 b § fine to be levied even if the violation is not
have occurred intentionally or negligently.
Penalty shall not, however, be charged if there is unreasonable. At
the examination of this question must take into account the particular
1. If the violation has been due to disease that led to the
charging the culprit not been able to do it as
He or she was required to do, nor been able
to instruct anyone else to do it,
2. If the infringement is otherwise due to a circumstance that the
fee obligation could neither foresee or should have
foreseen nor been able to influence,
3. what the tariff obligation made to avoid a
infringement would occur, or
4. in the case of a single infringement which lacks
importance in terms of control or is insignificant with regard
for the purpose of the provision which has been infringed.
Law (2014:1026).
50 c § marine and water authority decides on the penalty.
Before the penalty imposed on someone, he or she is given
opportunity to be heard. Law (2011:615).
paragraph 50 (d) a decision on the penalty shall, when it has won
the force, enforced under the Enforcement Act.
Law (2008:438).
50 e § If the imposition of fines or injunction has
fine, it may not be decided for the Act
covered by the injunction or prohibition. Law (2008:438).
50 f § A penalty may be adopted only if the
the claim is directed against has been given an opportunity to comment within two
years from the time the conditions to decide if the charge is
been met. Law (2008:438).
50 g § an agreed penalty falls away, if the decision on the
fee has not been effected within five years from the decision
became final. Law (2008:438).
50 h § redesignation 56 § by law (2012:524).
50 in § redesignation 59 § by law (2012:524).
Point system for serious offences or violations
the provisions of § 51 52, 55, 58 and 60 of this Act
complements
1. Article 92 (1) (4) of Council Regulation (EC) no 1224/2009,
and
2. articles 125 to 133 in the Commission's
implementing Regulation (EU) No 404/2011 by april 8, 2011
laying down detailed rules for the application of Council Regulation (EC) no
1224/2009 establishing a community control system
to ensure that the provisions of the common
fisheries policy is complied with. Law (2014:1026).
section 52 the holder of a fishing license will be assigned to dots
If
1. the holder of the licence or any of the activities
as the fishing licence relates has
a) made to the liability for an offence under sections 37-41 or
under the criminal code,
b) committed an infringement leading to
penalty according to regulations that have been issued with
support of 50 a §, or
c) is guilty of an offence or a breach of the
another Member State in the EU according to intelligence from a
the competent authority of the Member State,
2. the offence or infringement is of the kind listed in
Article 3(1) of Council Regulation (EC) No 1005/2008 of 29
September 2008 establishing a Community system to
prevent, deter and eliminate illegal, unreported and
unregulated fishing, amending regulations (EEC) no
2847/93, (EC) no 1936/2001 and (EC) No 601/2004 and of
repealing Regulations (EC) no 1093/94 and (EC) no
1447/1999,
3. the offence or infringement of the case shall
considered to be of a serious nature under article 3(2) of Council
Regulation (EC) No 1005/2008, and
4. the crime or offence has been committed in connection with or
in connection with the fishing in the ocean or is connected with
such fisheries. Law (2014:1026).
§ 53 A master of a fishing vessel shall be assigned to dots
If
1. the master has
a) made to the liability for an offence under sections 37-41 or
under the criminal code,
b) committed an infringement leading to
penalty in accordance with the regulations issued pursuant to
of 50 a §, or
c) is guilty of an offence or a breach of a
another Member State in the EU according to notification from a Court of competent
authority of that Member State,
2. the offence or infringement is of the kind listed in
Article 3(1) of Council Regulation (EC) No 1005/2008,
3. the offence or infringement of the case shall be deemed to
be of a serious nature under article 3(2) of Council regulation
(EC) No 1005/2008, and
4. the crime or offence has been committed in the course of or in
connection to fishing in the ocean or is related to such
fishing.
In terms of the number of dots that the master shall be assigned
for the offence or the infringement
apply article 126(1) and 126.2 of Commission
implementing Regulation (EU) No 404/2011.
All assigned dots should be deleted if the master does not
is guilty of another serious crime, or a
serious infringement within three years of the last serious
the crime or the latest serious infringement.
Law (2012:524).
section 54 if the master has been assigned the same number of dots
the number that causes the withdrawal in accordance with article 129 of the
Commission implementing Regulation (EU) No 404/2011,
a prohibition to act as masters of fishing vessels are communicated
him or her.
The period of validity of the prohibition to act as pilot-in-command shall
be restricted in the manner applicable to withdrawal pursuant to
Article 92 (3) of Council Regulation (EC) no 1224/2009.
A prohibition to act as masters of fishing vessels due to
by that the master has been awarded 90 dots shall, however, apply to
in twelve months.
When a ban according to the third paragraph, have been notified to the
dots that formed the basis for the decision would be deleted.
Law (2014:1026).
55 § decision to assign particles or to revoke a
licensing and prohibition decisions may be announced until further notice in
pending a final decision, if probable cause
can be assumed that the dots will be assigned, license
withdrawn and ban announced in accordance with sections 52 to 54,
Article 92 of Council Regulation (EC) no 1224/2009 or
Article 126 of Commission implementing Regulation (EU) no
404/2011.
The period of validity of a decision as referred to in the first subparagraph of
withdrawal by a fishing license or ban
for the time being to act as masters of fishing vessels shall
be restricted in the manner applicable to final decisions.
Law (2014:1026).
Withdrawal by the crimes and violations not covered by
system of dots
56 section of a fishing licence, a personal fishing licence and such
special permit referred to in section 21 may be withdrawn in certain
time, not less than two months and not more than one year. This may happen if
the holder of the licence or permit, or any of the
activity for which the licence or permit relates has
1. been convicted of responsibility for repeated offences under this Act;
or
2. is guilty of repeated offences
led to penalty under the regulations issued
with the support of 50 a §.
If someone has been convicted of responsibility for offences under this Act
or committed an infringement that has led
to the penalty, warning time
1. There are no conditions to revoke the license
or permit for a fixed period, or
2. warning otherwise can be considered as a sufficient measure.
A fishing license, a personal fishing licence and such
special permit referred to in section 21 shall be revoked until
Furthermore, pending a final determination by the
the withdrawal issue if it can be assumed that probable cause
the licence or authorization will be revoked final
referred to in the first subparagraph 1. The period of validity shall
be restricted in the manner applicable to withdrawal pursuant to
the first paragraph.
A fishing license, a personal fishing licence and such
special permit referred to in section 21 shall be revoked permanently
If the holder of the licence or permit, or someone in
the activity that the licence or permit relates has
been responsible for repeated offences under this Act or
guilty of repeat offences that have led
to the penalty according to the regulations issued by
support of 50 a § and thus has shown an obvious reluctance to
comply with applicable regulations. Law (2014:1026).
57 § a crime or an offence under sections 52 to 55 can
lead to a holder of a fishing licence awarded
dots may not form the basis for decisions on recall
or warning under section 56. Law (2014:1026).
Suspension or restriction of fishing days
57 a of the authority that the Government may announce
rules on the suspension or limitation of the number of
allowed days fishing on the fishing licence of the activities
assigned to the days have been revoked at some time.
Such suspension or limitation shall be in proportion
to the period for which the licence has been revoked for.
Law (2014:1026).
Decision about specks, recall, prohibition and withdrawal or
limitation of fishing days
section 58 the authority the Government hears questions about
assignment of dots, where the withdrawal of the fishing licence,
personal fishing licence and special permit under section 21, if
prohibition to act as interim Commander, decisions
that refers to dots, withdrawal or prohibition and, if
suspension or restriction of permitted fishing days under
52-56 and 57 (a) sections. Law (2014:1026).
Landing fee
59 § Government or authority the Government determines
may provide that the landing an unauthorized
catches shall be required to pay a special fee.
The fee shall be determined by the marine and water and
shall be deemed to be an amount equal to the illegal catch
value. If there are special reasons, will the fee be reduced
or fully remitted. Law (2012:524).
Appeal
60 § County Administrative Board's decision under this Act or under the
regulations made under the Act may be appealed
to
1. The State's agricultural work, where the decision relates to aquaculture, or
2. Marine and water authority in other matters.
Marine and water authority and the Board of Agriculture's decision in
individual cases under this Act or under the regulations
has been issued under the Act may be appealed to the General
Administrative Court.
Marine and water authority in individual cases under
Council Regulation (EC) no 1224/2009 may be appealed to the General
Administrative Court. Decision on transfer of dots under the
Article 92 (2) of Council Regulation (EC) no 1224/2009 may, however,
not subject to appeal.
Leave to appeal is required in case of appeal to the administrative law.
Law (2012:524).
Transitional provisions
1993:787
1. this law shall enter into force on 1 January 1994, when the Act (1950:596)
on the right of fishing and the proclamation (1933:282) with some
provisions relating to the conditions in the fisheries to Sweden and
Denmark bordering waters shall be repealed.
2. The new law shall not affect the rights which may arise from
the provisions of §§ 5 and 15, paragraph 16 of section 29, first paragraph 5 or third
law (1950:596) on the right to fish or by
transitional provisions to the Act (1986:263) to amend the
that law.
3. As regards the right to stretch fixed gear from private waters
out in public waters shall, in addition to the provision in section 12,
the provisions of the second subparagraph of paragraph 3 of law (1950:596) on the right to
fishing still apply.
4. upon its entry into force is engaged in fishing, which requires
commercial fishing licence under the new law and that applied for but yet
not been granted such a licence may continue with the fishery to its
license issue settled, until the end of June 1994.
5. The Government or the authority that the Government may
during a transitional period provide for the derogations from the requirements of
section 30 of the commercial fishing licence which may be caused by someone at the law
entry into force engaged in a fishery that is more extensive than what
regulations under section 21.
6. in the case of professional fishing comes to the end of 1994, in
rather than section 13, the provisions of the Act (1950:596) on the right to fish
as regards equality of foreign nationals in Swedish
citizens.
1995:101
This law shall enter into force on 1 april 1995. Decision given
before the entry into force in accordance with the provisions of the older appeal.
1998:848
1. this law shall enter into force on 1 January 1999.
2. Regulations that have been issued with the support of the nature conservation Act
(1964:822) shall for the purposes of the new wording of paragraph 3 of the
be considered as provisions given under 7 or 8
Cape. the environmental code.
2008:438
1. this law shall enter into force on 1 July 2008.
2. in the case of violations that occurred prior to the entry into force,
older provisions apply.
2012:524
1. this law shall enter into force on 1 August 2012.
2. Older regulations applicable to such offences and infringements
that have occurred prior to the entry into force.
2014:1026
1. this law shall enter into force on the 1 October 2014.
2. A vessel permit and a special vessel condition
has been notified pursuant to section 21 of its previous wording applies
as a fishing license with the restriction to a particular
validity period, a certain fishing or other conditions
of the ship's condition or the Special
the ship's condition.
3. For the fishing with fishing vessels in the sea with
the support of a professional fishing licence has been issued under section 30 of the
in its earlier version, the license to be valid at the
the entry into force of this law.
4. For the fishing in the lakes or without
fishing vessel in the sea with the assistance of a professional fishing licence
issued under section 30 in its previous wording applies
license as a personal fishing license with the restriction
to a specific period of validity, a particular fishing or other
conditions arising from commercial fishing license.
5. The revised maximum levels of fines will apply
for offences committed after the entry into force. The
extended the possibility of exemption from penalty shall
also apply to offences committed before the
the entry into force.
6. The section on the suspension or withdrawal of the number of
permitted fishing days should apply only to offences and
offences committed after its entry into force.
Annex
Swedish citizens ' right to fish in private waters
AREA ALLOWED ALLOWED SPECIAL
GEAR FISH KIND RULES
On the coast of Sliding gears all except salmon, except for salmon
Norrbotten, see, however, does not apply to the
Västerbotten, special long-line fishing in the water
Västernorrland provisions are at least 20 metres
and Gävleborg deeply. Fishing waters
County as well as in must either have
Uppsala County in connection with open
but Scouting the sea or be
municipality ' located on an island
separated from the Mainland
through such a
connection. This shall
in both cases, be
wider than one kilometer,
counting from the Mainland
or from a island that is
at least 100 metres long.
On the coast of Hand tools All Fishing method as such
Localities may not require
municipality in the use of the boat
Uppsala County or consist of
and at angeldonsfiske or
coast in a similar method.
Stockholm
and
Södermanland
County
Longline All long line fishing may only
conducted in waters
is at least 20 meters deep.
Fishing the water shall
either have a connection
with open sea or
be located on an island
that is separate from
the Mainland through a
such a connection.
This shall, in both
cases be wider than
a kilometre, calculated
from the Mainland or
from an island that is at least
100 meters long.
Mobile gear Herring and the fishing may only be operated
consisting of sprat in the water with greater depth
nursing and sillnät than six metres. In Southampton and
Mörkö assemblies in
Stockholm County, and in
Södermanland County is
during the period from 1 april to 30
September herring and
sprat fishing
the reservation holder
of the individual
the fishing right next to 200
metres from the Mainland
or from a island of at least
100 meters in length.
On the coast of Hand tools All Fishing method as such
The County shall not require the use
County and in by boat or take the form of
Kalmar county angeldonsfiske or
North of the similar method.
Crows Lund
Longline All long line fishing may only
be operated in water
at least 20 meters deep.
Fishing the water shall
either have a connection
with open sea or
be located on an island
is separated from the Mainland
through such a
connection. This shall
in both cases be wider
than one kilometre, calculated
from the Mainland or from
an island that is at least 100
meters long.
Mobile gear Herring and the fishing may only be operated
consisting of sprat in the water with greater depth
nursing and sillnät than six metres and at a
distance of at least 200 metres
from the Mainland or from
an island of at least 100 meters
length. Herring and
sprat fishing is
the reservation holder
of the individual
the fishing right in the following
areas; Slätbaken,
Tränöfjärden and Gropviken
and adjacent waters
inside straight lines from
Djursö northern tip to
the Mainland of southern
the headland of Little Rimmö and
from Djursö to
Yxnö and Northern
Finnö Mainland over
sundens narrowest spots;
The valdemarsvik Bay within a
straight line from Big Ålö
the Kvädö, where the inlet
is at its narrowest; Mantis and
Bågviken and
Gudingefjärden inside
straight lines from Björkö
to the Mainland over the
narrowest part of the Strait,
from the southern point of Björkö
to the southernmost tip of
little Rätö as well as from
westernmost headland of little
Rätö to the nearest place
on the Mainland, and further
Gamlebyviken and
Lucernafjärden inside a
line from the southern Cape of
Gränsö country right against
South.
On the coast of Hand tools All Fishing method as such
Kalmar county shall not require the use
South of the boat, or be
Crows Lund and angeldonsfiske or
Blekinge läns similar method.
East Coast
(North of
Tor port headland)
Longline All long line fishing may only
be operated in water
at least 20 meters deep.
Fishing the water shall
either have a connection
with open sea or
be located on an island
is separated from the Mainland
through such a
connection. This shall
in both cases, be
wider than one kilometer,
counting from the Mainland
or from a island that is
at least 100 metres long.
Mobile gear Herring
consisting of (herring) and
nursing and sillnät sprat
and tobisnot
On the coast of Hand tools All Fishing method as such
Gotland County shall not require the use
by boat or take the form of
angeldonsfiske or
similar method.
Longline All long line fishing may only
be operated in water
at least 20 meters deep.
Sliding gear All
posed by mesh
and tobisnot
At the Blekinge Hand tool All Fishing method as such
County South Coast must not require the use
(West of the boat, or be
Tor port headland) angeldonsfiske or
similar method.
Sliding gear All
consisting of
nets, longlines and
tobisnot
Purse seine fishing is permitted in All
water that has a larger
depth than six metres.
Sliding gear All fishing shall be conducted in
otherwise, a distance of at least 300
metres from the Mainland
or from a island of at least
100 meters in length. If
curve for a maximum of three
m go further out,
However, the fisheries conducted
outside the deep curve.
At skåne Sliding gear All
Eastern and
southern coasts
At Scania's all the gear All, see, however, fishing for oysters is
West Coast special reserved to the holder of the
and by the provisions on individual fishing rights
within 200 metres from the coast
Hallands Mainland or from a island
County as well as at least 100 meters in length.
Göteborg For fishing with fixed gear
and Bohus, a permit is required under
län 10 §.
In Lake Vänern Hand tool all but Fishing method as such
Crayfish must not require the use
by boat or take the form of
angeldonsfiske or
similar method.
Sliding gear Vendace and Fishing may be carried out
consisting of smelt outside the open beach on the
finmaskat networks a greater depth than eight
metres, particularly after
the current water level.
Ålrev with the dead Eel Fishing may be carried out during
bait time 16 July to 15 October
with the permission of the
the Government or the
authority, Government
determines. A State
can be limited to
refer to the specific area and get
be communicated to the
fish professionally.
In Mariestad-Sliding gear all but fishing shall be conducted in
the Bay and crayfish a distance of at least 300
Östersundet meters from the Mainland
or from a island of at least
100 meters in length. If
curve for a maximum of three
m go further out,
However, the fisheries conducted
outside the deep curve.
In Vättern Hand tool all but Fishing method as such
Crayfish must not require the use
by boat or take the form of
angeldonsfiske or
similar method.
Otters and move all but Fishing shall be conducted
and agnnot crabs off the open beach.
In Lake Mälaren Hand tool all but Fishing method as such
Crayfish must not require the use
by boat or take the form of
angeldonsfiske or
similar method.
In Northern Mobile gear all but fishing shall be conducted in
Björkfjärden, crayfish a distance of at least 300
Prästfjärden, metres from the Mainland
South or from a island of at least
Björkfjärden 100 meters in length. If
and the curve for a maximum of three
Hovgårds-m depth goes further
the Bay. However, the fisheries
Islands conducted outside the
shall be considered a deep curve.
limited
against
Gripsholm-
Gulf of
straight lines
from Hagskär
to the nearest
spots on
the Mainland,
against
Gränsöfjärden
by straight
lines
Call the search Elf-
Bastlagnö-
Ytterholmen
over sundens
narrowest
places, against
Ekolsundsviken
by straight lines
from There
to the nearest
spots on
the Mainland,
against Kalmar Bay
by straight lines
from the knot
to the nearest
spots on
the Mainland,
against
Säbyholmsviken
by Smidösunds
narrowest part
as well as against
Long arm of
a straight line
Dävensö
västspets-
Edmonton North tip.
In Hjälmaren Hand tool all but Fishing method as such
Crayfish must not require the use
by boat or take the form of
angeldonsfiske or
similar method.
Mellanfjärden Sliding gear all but fishing shall be conducted in
Crayfish a distance of at least one
kilometres from the Mainland
or from a island of at least
100 meters in length.
In the Lake Storsjön Hand tool all but Fishing method as such
in Jämtland crayfish must not require the use
by boat or take the form of
angeldonsfiske or
similar method.
Sliding gear Whitefish Whitefish fishing shall be conducted
formed by the grids at a distance of at least
300 metres from the Mainland
or from a island of at least
100 meters in length.
Hängryssja Lake
(lakstrut)
Law (1995:1388).
