Key Benefits:
Translation 1
(State on 19 October 1887)
The facts which showed that the Convention entered into in Basle on 25 March 1875, Mulhouse, 14 July 1877, and the additional agreement entered into in Colmar, on 21 September 1884, between Switzerland, the Grand Duchy of Baden and the Alsace-Lorraine, were to be Subject to revision, the governments of these States have appointed to this effect as delegates:
(following the names of delegates)
Which concluded, subject to ratification, the following convention:
It is prohibited for fishing in the Rhine and its tributaries, as long as there are migratory fish (salmon and shad), the use of any permanent fishing gear (nuts, gords) and any apparatus fixed to the shore or anchored in the bed of The river (nasses, dam nets), preventing the movement of fish from passing over more than half the width of the watercourse, measured at ordinary low water and in the shortest straight line from one bank to the other.
The distance between the poles forming the salmon (gords) dams, as well as that of the ties, shall be at least ten centimetres.
The distance between two permanent fishing vessels set on the shore or anchored in the river bed or between two fixed flets, employed simultaneously on the same bank or on both sides of the river, shall not be less than double the Length of the respective device or net. If these are of different lengths, it is the largest length that is the rule for the relative distance.
The above provisions shall not apply to "Altrhein" (Giessen, small golfers formed by the river), if they are not connected on both sides with the main course, so that the migratory fish can in all Free movement.
1 See also the final Prot at the end of the text (c. I).
No fishing apparatus, whatever its shape or name, shall be used if its openings or mesh, in the wet state, have at least, both in height and in width, the following dimensions:
For fishing in the Rhine between Schaffhausen and Basel, it will generally not be possible to use any net whose meshes measured as above would be less than 3 centimetres.
When checking the baskets and fillets, a difference of one tenth will be tolerated.
In order to fish for fish to be used as food for fish farms, as well as fish to be used as a primer, the monitoring authority may, subject to sufficient control, permit the use of nets with Smaller sizes of meshes; however, this does not alter the minimum fish size provisions (Art. 5) and periods of prohibition of fishing (art. 6).
Floating nets shall not be held or fixed in the water in such a way as to remain stationary or hooked.
In the course of the Rhine, from the fall near Schaffhausen downstream, and in its tributaries, as long as they are used for the circulation of salmon and shad to the places where these fish spawn, floating nets cannot be used For fishing as long as they have a smaller width of 2.5 metres between the upper and lower syringe.
Multiple floating nets can be used only if they are placed at a distance of at least double the length of the largest net.
If the salmon fishery in the lower Rhine with " Zegens " was to be introduced into the territory of the Upper Rhine, it would be prohibited during the period from August 27 to October 26, inclusive.
Are not prohibited:
1 See also the final protocol published below (c. II).
Fish of the following species may not be peddled or sold, if, measured from the tip of the head to the tip of the tail, they do not have at least the following lengths:
Salmon (Trutta Salar, L.) 50 cm
Eel (Anguilla fluviatilis) 35 cm
Sandre (Lucioperca Sandra, L.) 35 cm
Pickerel (Esox Lucius, L.) 30 cm
Lake trout (Trutta lacustris, L.) 30 cm
River Shadow (Thymallus vulgaris, Nils.) 25 cm
Arctic knight (Rötheli, Salmo Salvelinus, L.) 25 cm
Barbeau (Barbus fluviatilis, Agass.) 25 cm
River trout (Trutta Fario, L.) 20 cm
Rainbow trout (Salmo irideus, Gibb.) 20 cm
Coregone fera (Fera, Coregonus Fera, Jur.) 20 cm
Palate, bondage (Coregonus Wartmanni, Bloch) 20 cm
Gravanche (Coregonus hiemalis, Jur.) 20 cm
Marena (Coregonus Maræna, Bloch) 20 cm
White whitefish (White-fish, Coregonus albus) 20 cm
Slice (Tinca vulgaris, Cuv.) 20 cm
If fish that do not have the above specified lengths are caught, they must be immediately released to the water.
For the following species of fish, the periods during which fishing is prohibited shall be fixed as follows:
Fishing for sterile trout, blue or silver trout (called Silber-or Schwebforellen), in Lake Constance, is permitted during prohibited times.
If fish returning to one of the species subject to a fishing ban are caught while the fishery is free for other species of fish, they must be immediately released to the water.
The salmon fishery, as well as whitefish (fera, palate, gravanche and porpoise), can also be used during the blackout period (al. 1), however only with the express authorization of the competent authority. This authorisation should only be given if it is certain that the spawning elements (eggs and milt) of the fish caught at the time of spawning will be used for artificial fish farming.
If the latter guarantee is acquired or if the fish are to be used for scientific experiments, the fishing authorisation may also, in certain cases, for the other species of fish indicated above (al. 1), be granted by the competent authority during the blackout period.
In addition, in the period from 15 April to the end of May, fishing by means of floating nets can be exercised in the deep parts of Lake Constance, carefully avoiding any contact with the banks (Halden), the "Reiser" and all the flora Aquatic (Kraebs).
From Basel downstream, the fishing of salmon and shad, with any gear, is prohibited, for 24 hours each week, from Saturday to 6 o'clock in the evening until Sunday at 6 p.m., in the Rhine and in the parts of its Tributaries that are used for the movement of these fish to the areas where they are spawning.
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. Similarly, it is forbidden to serve these fish in hostels, restaurants, hotels, etc.
This prohibition does not apply to salmon and whitefish that have been licensed under the penultimate paragraph of section 6. In addition, in extraordinary cases such as the forced fishing of fish in ponds, then certain phenomena or other cases of force majeure (e.g. water diversion, etc.), the competent authorities May, exceptionally and subject to sufficient control, authorize the sale and dispatch of these fish. This same authorisation may be given for fish intended for artificial fish farming.
No person shall pay or sell, in fish-bearing waters, any mill residues or other materials which, by their nature and quantity, could adversely affect or hunt fish.
The competent authority will also determine the extent to which existing flows originating from agricultural or industrial establishments will be subject to the above rule 1 .
Each government of the riparian states concerned shall appoint a representative for its territory.
These representatives will communicate to each other the measures taken by their governments concerning fishing in the Rhine basin and they will meet from time to time to discuss the measures to be taken in the interests of fishing in this area. Basin
The Contracting Governments undertake to introduce, as far as possible, in their laws and regulations on fishing the provisions contained in Art. 1 to 11. 1
This Convention does not deprive the various Contracting States of the right to enact stricter provisions for their territories in the interests of fishing. 2
This convention is valid for Lake Constance and for the Rhine since its exit from Lake Constance downstream.
The provisions of the Convention relating to migratory fish (salmon and shad) are also applicable to tributaries of the Rhine.
This Convention shall enter into force immediately after its ratification and shall have force of law for ten years. After ten years from the date of the exchange of ratifications, each of the three Contracting Parties will be free to withdraw at any time, one year after the date on which the denunciation is made.
This Convention shall be ratified and the exchange of declarations of ratification shall take place as soon as possible.
In witness whereof, The Plenipotentiaries have signed this Convention in triplicate.
Done at Lucerne, eighteen (18) May mil eight hundred eighty-seven (1887).
(Suivent signatures)
At the time of signing this Convention on the regulation of fishing in the Rhine and its tributaries, including Lake Constance, the undersigned Plenipotentiaries have found it useful and appropriate to include in this final Protocol the Statements and explanations below.
Plenipotentiaries agree that the temporary complete prohibition of fishing in a watercourse may be considered admissible and permitted, if, then diversion of fish-bearing waters, lack of water or other water Events, the fish population threatens to completely extinguish (art. 1).
It was agreed that the first and last day of the blackout periods should be included in these periods (s. 4, c. 4, and art. 6 of the Convention).
It is reserved for the small lake basin to be established for periods of prohibition for species of fish other than those designated in s. 6.
It is expressly stated that the determinations that were made in Basel on the date of 22/23 October 1883, and the requirements which have been enacted pursuant to those decisions, are not modified in any way by the present Convention.
Plenipotentiaries agree that the reciprocal commitment which has been made over time and which consists of paying annually in the Rhine basin, since its fall near Schaffhausen downstream, a number of young salmon calculated from The length of the shore (at least 1000 coins per kilometre of shoreline length), shall remain valid for the duration of this Agreement.
It is considered desirable that, from now on, it will not be poured into Lake Constance and into the Rhine of new fish species without a reciprocal prior agreement between the governments of the riparian states.
Done at Lucerne, eighteen (18) May mil eight hundred eighty-seven (1887).
(Suivent signatures)
1 Original German text.
2 By note of 31 July. 1920, France declared itself prepared to admit that until the conclusion of new agreements between France and Switzerland on fishing in the Rhine, this Conv. Continues to be applied in fact (FF 1920 IV 378).
3 See also Ac. On fishing in the Lower Lake (RS 0.923.411 ).