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RS 0.923.221 Implementing Regulation of 2 June 1995 of the Agreement between the Swiss Federal Council and the Government of the French Republic concerning the exercise of fishing and the protection of aquatic environments in the border part of the Doubs

Original Language Title: RS 0.923.221 Règlement d’application du 2 juin 1995 de l’Accord entre le Conseil fédéral suisse et le Gouvernement de la République française concernant l’exercice de la pêche et la protection des milieux aquatiques dans la partie du Doubs formant frontiè

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0.923.221

Original text

Application Regulations

The Agreement between the Swiss Federal Council and the Government of the French Republic concerning the exercise of fishing and the protection of aquatic environments in the Doubs forming part of the border between the two States

Adopted on 2 June 1995

Entered into force on 1 Er January 1996

(State 15 April 2008)

Art. 1 Classification of Doubs waters forming the border between Switzerland and France

1 The Doubs border waters are classified into two categories:

(a)
The first category includes mainly salmonid-populated waters, as well as those where it seems desirable to provide special protection. These waters are said to be of first category.
(b)
The second category includes all waters not classified as first category. These waters are referred to as the second category.

2 In the Doubs Mitoyen

(a)
The following are considered to be Category II waters:
-
The Lake of the Brenets, from Villers-le-Lac to the panels between the floating dam and the Saut du Doubs; the upper limit is specified by two posts located on both sides of the Doubs river by the French authorities;
-
The Deduction of Moron, from a point 500 metres downstream from the Saut du Doubs to the Châtelot dam; the upstream point is specified by two posts located on both sides of the Doubs river by the Swiss and French authorities;
-
The section between the "Poteaux" site and the crest of the dam upstream of the Rasse;
-
The section between the site located 250 metres downstream of the lower dam of the Rasse and the terminal 606 (Biaufond).
(b)
All waters not mentioned in subsection (1) are considered to be first class waters. (a) above.

3 In the French Doubs,

(a)
The following are considered to be Category II waters:
-
Deduction of the Refrain from Terminal 606 to the Refrain Dam;
-
The deduction of the Goule, from the former dam of the Bouège to the dam of the Goule.
(b)
All waters not mentioned in (a) above shall be considered first class waters.

4 The Swiss Doubs is classified as first class water.

Art. 2 Protection Areas

1 The competent authorities shall define the protection areas in which:

(a)
Fishing is prohibited during all or part of the year;
(b)
Only the whipped fly fishery is permitted;
(c)
Fish habitat, particularly those that are of particular importance for its reproduction and development, must be protected from any harmful influence.

2 The authorities shall communicate as soon as possible the location of the protected areas as determined.

Art. 3 Prohibited fishing gear and methods

1 No person shall fish by hand, by disturbing the water or by searching under the roots and other retreats frequented by fish, and to use for the fishing year:

(a)
Any net or trap;
(b)
The sculpin used as bait;
(c)
The vairon introduced under the stones and the herbiers as bait: beuse fishing.

It is also prohibited to use lines with more than two hooks and, in first class waters, to attach hooks above lead or submerged.

2 In addition, fishing methods and gear are regulated as follows:

Fishing modes and gear

First Category Waters

Second category water

Angling

Authorized by means of one or more lines per fisherman of 1 Er March to 30 September

Authorized by means of two or more lines per fisher

Troll fishery

Forbidden

Authorized by means of two lines at most by boat from June 16 to the last day of February

Fishing by boat

Forbidden

Authorized by means of two or more lines per fisher

Torches or trimmers

Forbidden

Forbidden

Vairon carafe or bottle

A single carafe or bottle of vairons allowed per fisherman with a limited number of catch (cf. Art. 6, para. 3)

A single carafe or bottle of vairons allowed per fisherman with a limited number of catch (cf. Art. 6, para. 3)

Pull 1

-
Live fish

Prohibited with the exception of the pike fishery and under the same conditions as in second-class waters

Permitted only with naturally occurring species in the Doubs, with the exception of the species referred to in s. 4 and provided that bait is fixed only by mouth

-
The following natural or artificial dares: maggots, worms or flour, fish eggs

Forbidden

Authorized with the exception of fish eggs

-
Larvae not living in water, cheese and all milk derivatives

Forbidden

Authorized with the exception of fish eggs

In the Doubs mitoyen, the use as a fest of the moth and wood worm is permitted.

To exercise his right, the fisherman is allowed to enter the wet bed of the watercourse only from 1 Er June to September 30 in the first category and from June 16 to April 14 in the second category. These restrictions do not apply to the Doubs mitoyen.

From 1 Er March to June 15, the live fish, the dead fish, the gutter, the gutter, all metal lures and other artificial bait (except flies) is prohibited in second-class waters.

The above dates are always included in authorized periods.

3 In the Doubs mitoyen, the vairon fishery is prohibited before June 16 in the second category waters.

4 Motorboat fishing is prohibited on the Deduction of Moron.


1 New content according to the amendment adopted on 16 May 2002, in force since 15 June 2003 ( RO 2003 3989 ).

Art. 4 Minimum size of fish

1 The size of the fish is measured from the tip of the snout to the end of the caudal fin normally deployed, the size of the crayfish from the tip of the head, forceps and antennae not included, at the tip of the deployed tail.

2 The following fish may be fished only if they have reached the following minimum size:

(a) Trout 28 cm
(b) Shadow 32 cm
(c) Brochet (only in second-class waters) 50 cm
(d) Ecrevisses (other than American crayfish) 11 cm

Any fish, dead or alive, caught while not reaching the minimum size indicated above must be immediately and carefully restored to the water. If it is impossible to detach the fish without mutilating it, the bottom line must be cut off.

3 The competent authorities may, with the approval of the Joint Commission, increase the minimum sizes prescribed in para. 2. 1


1 Introduced by the Exchange of Notes of 11/14 April 2008, in force since 15 April 2008 ( RO 2008 4025 ).

Art. 5 Fish protection period

1 Fishing is prohibited for all species of fish and crayfish of 1 Er October to the last day of February in the first category waters.

2 Fishing for the various species of fish is prohibited during the following periods:

Species

First Category Waters

Second category water

Trout

Of 1 Er October to last day of February

Of 1 Er October to last day of February

Shadow

Of 1 Er October-15 May

Of 1 Er October-15 May

Brochet

Of 1 Er March to 15 June

King of the Doubs or after

Year round

Year round

Ecrevisses (other than American crayfish)

Of 1 Er October to 13 July

October 16 to July 13

The above dates are included in the blackout periods.

Art. 6 Fish Catch Limitations

1 Each angler cannot fish more than four salmonids (trout and shadows) per day, including two shadows, in the fishing routes covered by the Agreement. Any catch of salmonids must be recorded on a fishing log. 1

2 In the second category, each angler cannot fish more than five pike per day.

3 No person shall fish in any way other than for personal and non-commercial use. The maximum number of catches is set at 30 per fisherman per day.


1 New content according to the Exchange of Notes of 11/14 April 2008, in force since 15 April 2008 ( RO 2008 4025 ).

Art. 7 Fishing Hours

The hours during which fishing is authorized are as follows:

Month

Opening Time

Close Time

January

8 a.m. 00

5:00 p.m. 00

February

7 a.m. 30

6:00 p.m. 00

Mars

7 a.m. 00

7 p.m. 30

April

6 a.m. 00

8:00 p.m. 00

May

5 a.m. 00

2:00 p.m. 00

June

4 a.m. 00

2:00 p.m. 30

July

4 a.m. 00

2:00 p.m. 30

August

5 a.m. 00

2:00 p.m. 00

September

6 a.m. 00

8:00 p.m. 00

October

7 a.m. 00

7 p.m. 00

November

7 a.m. 30

5:00 p.m. 30

December

8 a.m. 00

5:00 p.m. 00

During the period when daylight saving time is applied, one hour should be added to each of the hours set out in the table above.

Art. 8 Derogations

1 The competent authorities may, by common agreement with regard to the Doubs mitoyen, on an exceptional basis, authorise the fishing of fish for the reproduction of the species during periods of protection.

2 The competent authorities of the two States may, on an exceptional basis and for a limited period, derogate from or authorise derogations under their control under Art. 2, 3, 4, 5, 6 and 7 of this Regulation:

(a)
To take any measure that is biologically or ecologically necessary;
(b)
For the need for scientific studies.

Adopted at Saint-Ursanne on 2 June 1995.



RO 1996 887


Status on 15 April 2008