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RS 0.923.31 Convention of 5 July 1893 laying down uniform provisions on fishing in Lake Constance (with final protocol)

Original Language Title: RS 0.923.31 Convention du 5 juillet 1893 arrêtant des dispositions uniformes sur la pêche dans le lac de Constance (avec protocole final)

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0.923.31

Translation 1

Convention laying down uniform provisions on fishing in Lake Constance

Conclue to Bregenz July 5, 1893

Instruments of ratifications exchanged on 22 December 1893

Entered into force on 22 December 1893

(State 1 Er October 1967)

In order to conserve and multiply, in Lake Constance, the valuable fish species, the Federal Council of the Swiss Confederation and the Governments of Austria-Hungary, Baden, Bavaria, Liechtenstein and Württemberg are Agreed to adopt uniform provisions.

To this end, they appointed as delegates:

(Following are the names of the delegates)

Which have, subject to ratification, concluded the following convention:

Art. 1

The provisions of Art. 2 to 12 of this Convention are applicable to Lake Constance (Lake Superior including that of Überlingen) to the Rhine bridge in Constance.

Art. 2 1

The fishing gear of any species and of any denomination, the meshes of which are not, at least 3 centimetres apart, shall be prohibited. 2

Fillets with mesh size not less than 23 millimetres may be used for the fishing of the Gangfisch and Oîtreux.

For the fishing of fish intended to serve as food in fish farming establishments and those intended to serve as primers, the monitoring authority may, subject to sufficient control, allow for nets including Mesh size would be smaller 3 , but without prejudice to the provisions on minimum dimensions of fish (Art. 5) and periods of prohibition of fishing (art. 6). Such authorization shall be in writing.

The permit shall refer to the species of fish that may be caught for this purpose, the time at which this fishery may take place, the portion of the lake in which it may be carried, and any other provisions that may be required to Prevent abuse.

The monitoring authority may also, in the same way, permit the fishing of the ablette, even when it is intended for food. Only nets with a mesh size not less than 14 millimetres should be used for this purpose.


1 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).
2 By decision taken in the Conference of Commissioners on 1 Er Oct. 1937 (cf. Art. 14 of this Convention), the minimum size of the mesh has been fixed for all fishing gear at 32 mm.
3 See also the final Protocol (n.I).

Art. 3

Tramails should not be placed more than 20 metres away from each other.

In the vicinity of the mountain, when the banks are particularly steep, the monitoring authority will be able to temper the application of the regulation. 1


1 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).

Art. 4 1

Are not prohibited:

1.
Explosive materials or other harmful substances (in particular dynamite, explosive cartridges, poisonous primers) and materials intended to displace fish;
2.
Fish tridents and harpoons, firearms and other such fishing gear that can injure fish; hooks are permitted-with the exception of "Zockschnur" or "Juckschnur";
3.
Night fishing with active human intervention (from one hour after sunset to one hour before sunrise).

The supervisory authority may make exceptions to these prohibitions only in the case of proven necessity.


1 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).

Art. 5 1

Fish of the following species must be immediately released to water if they do not measure at least the following lengths from the tip of the head to the tip of the tail, namely 2 :

Eel 35 cm

35 cm sandre

Pike 40 cm 3

Lake trout 40 cm 4

25 cm river shadow

Shade-knight 25 cm

25 cm bard

Carp 25 cm

"Weissfelchen" 20 cm

"Sandfelchen" 20 cm

"Blaufelchen" 5 20 cm

Goîtreux 20 cm

20 cm

American porn 20 cm

Tanche 20 cm


1 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).
2 In addition, a minimum length of 25 cm has been fixed for whitefish, known as 'Gangfisch', by decision taken in the Conference of Commissioners on 1 Er Oct. 1937 (cf. Art. 14 of this Agreement).
3 New content according to Art. 1 lett. A of FY 04Nov 1955 (RO 1955 1027; RS 923.31 Art. 31 ch.10).
4 New content according to Art. 1 lett. A of FY 04Nov 1955 (RO 1955 1027; RS 923.31 Art. 31 ch.10).
5 According to the instructions of the Conference of Commissioners (cf. Art. 14 of this agreement), the minimum length for the "Blaufelchen" is currently 30 cm.

Art. 6 1

For the following species of fish, the periods during which fishing is prohibited shall be fixed as follows:

1.
From 1 Er March to April 30, for river shadow;
2.
From 1 Er April to May 31, for the sandre;
3. 2
...
4.
From 1 Er November to 31 December, for shading;
5. 3
...

Fish belonging to one of the species subject to a fishing ban must be released immediately to the water and caught in the fishery for the other species of fish.

Lake trout, Arctic char and whitefish ("Weissfelchen", "Blaufelchen", "goîtreux" and "mares") can also be caught during the blackout period (al. 1), however only with the express and always revocable authorization of the competent authority. This authorization will only be granted if it is safe that the spawning elements (eggs and milt) of the fish caught at the time of spawning will be used for artificial fish farming. 4

If the latter guarantee is acquired, the competent authority may also, in certain cases, allow fishing, during the period of prohibition, of the other fish species listed above (al. 1). 5


1 See also the final protocol published below (c. II).
2 Repealed by Art. 2. 3 let. A AF of May 30, 1959 (RO 1959 546; RS 923.31 Art. 31 ch. 11).
3 Repealed by Art. 2. 3 let. A AF of May 30, 1959 (RO 1959 546; RS 923.31 Art. 31 ch. 11).
4 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).
5 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).

Art. 7 1

The competent authorities shall ensure that, during the spawning of the "Gangfisch", the fertilized eggs of the fish caught are returned to the fish farms or rejected in the lake at the right places.


1 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).

Art. 8

From 15 April to the end of May, troll fishing is prohibited. 1

During this period, fishing for all species of fish for which there is no blackout period is permitted. It may take place either by means of floating nets in the deep parts of the lake, avoiding contact with the mountain and all the aquatic flora, by means of trammel nets and traps placed at any place, or finally to the hook, Including hook-and-line fishing as a profession.


1 See also the Final Protocol (c. II).

Art. 1

Fish whose fishing is prohibited, or because they do not have the required length (s. 5), either because they are placed under protection for a specified period of time (art. 6), cannot be colported, sold or shipped; in the second case, the first three days of the barring period excepted.

It is also forbidden to serve these fish in hostels, restaurants, hotels, etc.

This prohibition does not apply to whitefish whose fishing has been authorized pursuant to s. 6, para. 3. The competent supervisory authority may, subject to sufficient control 2 , authorize the sale and dispatch of other fish (s. 6), lake trout in particular, when they are intended for artificial fish farming.

During the period of prohibition of fishing for lake trout, the colportage, sale and shipment of blue or silver trout should be subject to special control. 3


1 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).
2 See also the Final Protocol (c. II).
3 See also the Final Protocol (c. II).

Art. 10

The monitoring authority may, for scientific purposes, make some exceptions to the rules on mesh width, the size of fish and the periods of prohibition of fishing. 1


1 See also O. On 9 Oct. 1997 on fishing in Lake Superior of Constance (RS 923.31 ).

Art. 11

The requirements laid down by the various States in respect of angling for which there is no trade (sport on the ordinary line or on the floating line held by hand) shall not be amended by this Convention.

Art. 12

The Contracting States shall, in accordance with their laws and with the interests of fishing, settle questions relating to hydraulic construction or other industrial uses of water.

Art. 13

In the tributaries of Lake Constance in which lake trout are used to spawn, interested governments will protect this fish at least in the manner set out in this Convention for Lake Constance. They will also prevent the migration of lake trout from being intercepted in these tributaries by means of dams on more than half-width of the watercourse.

The Government of the Grand Duchy of Baden and the Swiss Federal Council shall not lay down, for fishing in the Lower Lake, less stringent provisions than those laid down in this Lake Convention for all other parts of the lake of Constance. 1


1 See also R on fishing in the Lower Lake (RS 0.923.411 ).

Art. 14 1

Each interested government appoints one or more commissioners.

They shall communicate to each other the measures taken by their governments for the implementation of this Convention and shall meet, from time to time, to discuss the measures to be taken in the interests of fishing.

At their first meeting, they will have to draw up a regulation on their work and submit it to their government for approval.


1 See also the Final Protocol (c. V).

Art. 15

This Convention shall enter into force immediately after its ratification by the governments concerned and shall have force of law for ten years.

At the expiration of this period calculated from the date of the exchange of the ratifications, each Contracting Party may denounce this Convention with a warning given one year in advance.

Art. 16

The exchange of ratifications will take place as soon as possible.

In witness whereof, The Plenipotentiaries have signed this Convention in six expeditions.

Done at Bregenz on 5 July 1893.

(Suivent signatures)

Final Protocol

At the time of signing this Convention on the adoption of uniform provisions for fishing in Lake Constance, the Plenipotentiaries considered it useful and appropriate to insert, in this Protocol, declarations and explanations Following.

I

Interested governments may decide that, when checking for nets and nets, a difference of one tenth will be tolerated (art. 2 of the Convention).

II

It was agreed that the first and last day of the blackout periods should be included in these periods (s. 6, c. 1 to 5, and art. 8 of the Convention).

III

Interested governments will be responsible for their Commissioners (s. 14 of the Convention) to take the necessary measures for the adoption of similar control marks (Art. 9 of the Convention).

IV

It is to be desired that interested governments prohibit the payment, in Lake Constance and its tributaries, of new species of fish, without prior notification and approval of the authority. It shall be granted only after consideration of the benefits that a similar measure may provide and only after agreement between all governments that have participated in this Agreement, that is, between their Commissioners (s. 14 of the Convention).

V

It is to be desired that, when approving, by the governments, the regulation concerning the work of their Commissioners (Art. 14 of the Convention), periodic meetings, at a fixed time, will be held alternately in the main towns on the shores of Lake Constance.

Bregenz, July 5, 1893.

(Suivent signatures)



RS 14 212


1 The original text is published under the same figure of the German edition of this Compendium.


State 1 Er October 1967