Act No. 102 / 1963 Coll.
Fishing Act
Valid
Effective from 19.12.1963
102.
THE LAW
of 5 December 1963
on fishing
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
Fishing as an agricultural production sector ensures proper farming, processing, conservation and fishing of fish and other aquatic animals according to the company's needs in accordance with the national plan for the development of the national economy. This objective is achieved by the planned management of ponds and the planned exercise of fishing law in flowing waters. It is in the interests of our entire society to take care of the continuous upbringing of fishing. The social establishment creates the conditions for the widest possible range of workers to participate in the management of fisheries and the exercise of fishing rights.
Czech Fisheries Union and Moravian Fisheries Union
Czechoslovak citizens who are actively interested in the development of the Czechoslovak fishing industry are joined in the Czech Fisheries Union and the Moravian Fisheries Union, which is a voluntary social organisation.
Fishing operated on ponds
(1) The management of ponds mainly ensures the production of market fish and the production of ponds and fishing areas.
(2) Organisations which have in their management or use ponds on which the pond can be properly managed are required to keep them in good economic condition and to manage them according to the progressive principles in order to document the highest possible production of fish. Other users or owners of such ponds shall also be obliged to keep them in good economic condition.
(3) In particular, the enterprises of the state fishing industry and the organizational component of the Czech Fisheries Union and the Moravian Fisheries Union are running on the ponds.
(1) For the purposes of this Act, a pond is an artificial waterworks intended primarily for the farming of fish with a natural day and with the technical equipment necessary to regulate the water level. The pond consists of a dam and the land on which the dam is built, and other technical accessories, the present part, the waste, the flooded land to the water level at the design flow level, or the circumference channel.
(2) The ponds may be managed on the basis of the right of ownership, lease or any other legal reason. The owner or, where appropriate, any other authorised person who drives a fish pond and other aquaculture establishments shall keep an appropriate economic record of the holding in the required indicators. The aim of economic records is a clear overview of the course of the business. The indicators and the form of record keeping shall be determined by the Ministry of Agriculture (hereinafter referred to as the Ministry) by a decree.
(3) The owner of the pond is entitled to carry out on-going economic exploitation according to his needs by all permitted methods of extraction, such as throwing nets, prisoners, gillnets, straddle nets. Catches of fish for hire and electricity shall be subject to the notification requirement of the local competent municipal authority with extended scope. Persons carrying out economic exploitation under the authority of the owner or in return need not have a fishing ticket.
(4) Economic exploitation which is carried out on the basis of the notification referred to in paragraph 3 must not be carried out by methods which would be contrary to the provisions of Paragraph 10, unless the reasons set out in paragraphs 2 and 3 of Article 10 have occurred.
In order to carry out successfully the tasks pursued by the pond management (§ 3 (1)), ponds will not normally be removed from the pond management. If such withdrawal has to take place because of construction, operation of industrial enterprises, etc., the investors of the buildings or organisations in whose interest the pond management is restricted or excluded shall be required to include in the relevant documentation the justification for the intended withdrawal, in which they shall, in cooperation with the expert organisation, also estimate the losses resulting from the production of fish and the preliminary investment costs of the replacement pond. On a proposal from a professional organisation to which the investor attaches the justification for the intended withdrawal, the Regional Authority may require the investor to build a replacement pond with production possibilities corresponding to the losses incurred by the planned intervention; in so doing, the Regional Office shall also take account of the fact that replacement construction is located on non-agricultural land or, where appropriate, on agricultural land of poor quality. In the investment, operational and financial plan of investors, the financial and material means to carry out the construction of the replacement pond imposed on them by the Regional Authority shall be provided.
Fishing operated by fishing law
Fishing law
(1) The fishing right is the authorisation and the obligation to keep, protect and fish for fish and other aquatic animals in flowing waters and to take possession of fish and aquatic animals caught, as well as the authorisation to use coastal land to the extent necessary.
(2) For the purposes of this Act, running waters are also defined as valley tanks, lakes, weaning arms resulting from regulation, ponds, retention tanks, drainage and watering channels, sinks resulting from mining and ponds (§ 4 (1)) with a fishing area declared at the request of the owner pursuant to § 7.
(3) In doubt between the border between the areas and the border between the region and the area of the unincluded water area, the municipal authority of the municipality shall decide with extended scope.
(4) Fishing law belongs to the State; may only be carried out in fishing areas.
Fishing areas
(1) The Regional Authority is creating fishing areas from the waters in which fishing law belongs to the State. At the request of the owner of the waterworks or other closed water areas, the county authority may declare a fishing area and establish economic indicators. The Ministry of Agriculture declares on the areas located in the territory of two or more regions, on the territory of the Military Forests and Goods, on the territory of the Forests of the Czech Republic and on the territory of other state enterprises and on the border waters. In the territory of national parks, the Ministry of the Environment declares the fishing area. Fishing areas are water units allowing the proper and planned exercise of the fishing right, in particular the life of the original fish communities and the permanent rearing of suitable fish species. Covers, drains and sewers of ponds shall not be included in the fishing areas to the extent necessary for proper management of ponds.
(2) When creating fishing areas, it shall be determined which areas (exceptionally parts of areas) are trout waters and which are non-trout waters.
Exercise of the fishing right
(1) The locally competent administrative authority will leave the exercise of fishing law in the fishing areas to the organisational components of the fishing union, to professional fisheries organisations, to the forests of the Czech Republic and to the areas which are on land managed by military authorities, to organisations under the responsibility of the Ministry of Defence. The fishing law will also be obtained by natural or legal persons operating in the Czech Republic, if they are owners of a water works (e.g. ponds, ponds, ponds), lakes, sinks and the like, if they are requested.
(2) Where more than one person is interested in the exercise of the fishing right in the area concerned, the local competent administrative authority shall decide on the user of the fishing area in the context of the selection procedure. The Ministry shall determine the details of the selection procedure by means of a decree.
(3) In the event that the user of the fishing area fails to comply with the binding indicators for the management of the fishery, the competent administrative authority shall entrust the management to another body locally.
Management in fishing areas
(1) The body to which the local competent administrative authority has delegated the exercise of the fishing right to the fishing zone shall be required to properly manage it in accordance with the indicators established by the local competent authority. It shall keep a record of the economic results achieved; its formalities shall be laid down by a decree.
(2) For each fishing area, the user shall be obliged to appoint a fishing operator and his representative, approved by the municipal authority of the municipality with extended competence, according to the seat of the fishing area user. A citizen holding a fishing ticket and a professional qualification as defined by the Ministry by the Decree may be appointed by the fishing operator and his representative.
(3) Users of fishing areas are obliged in nature to mark the boundaries of fishing areas and trout and non-trout waters.
(1) Fishing for fish and other aquatic animals in fishing areas may be carried out only in a manner consistent with the principles of the proper exercise of fishing law, the protection of fish and other aquatic animals, and the protection of nature. In particular:
(a) to use explosive, irritating or intoxicating devices, spikes of any kind, traps, tubes without rods, forks and statuettes, as well as to shoot fish, beat fish under ice, catch them on lines and chop them by smoking, in arms and in meshes;
(b) use worms and insects (including its larvae) in trout waters, as well as their imitation except artificial fly;
(c) to collect eggs, to use for fishing for fish and seafish electricity, to fish under ice ("on holes"), to use in the artificial light, at night, to use in water strongly flowing (e.g. in swimmers, fuses, waste) fishing gear, such as husk, hoof, etc., to fish in fish overcoat and to fish above and below it, to use any permanent fishing gear or nets not at least 50 m apart from each other and to prevent fishing against water under normal water, provided that all these measures are not carried out by the fishing industry user for the purpose of rearing, to save fish or for economic exploitation; for these purposes, however, they may only use electricity for fishing in accordance with safety regulations;
(d) catch fish in places where they have accumulated under abnormally low water conditions or harmful water pollution, as well as fish collected for re-wintering, unless such measures are made by the user of the fishing area to rescue and transfer fish to other waters, or for farming purposes, or by the undertaking of the State fisheries for economic exploitation.
(2) The Ministry may authorise exemptions from the prohibitions laid down in paragraph 1 for scientific purposes or in other exceptional and specially justified cases.
(3) The Ministry may, after consulting the Czech Fisheries Union and the Moravian Fisheries Union, determine which other fishing methods are prohibited or restricted.
(1) Only citizens who have a fishing ticket issued by the municipal authority and a fishing permit issued by a fishing vessel user may fish and other aquatic animals in fishing areas. Allowances for fishing in fishing areas where the organisers of the Czech Fisheries Union and the Moravian Fisheries Union are used may be issued only to persons who are members of this Union. The fishing ticket and fishing permit are required to be held by the authorised persons when hunting and to be presented to the police of the Czech Republic, the fishing operator and the fishing guard upon request. The fishing licence and fishing permit may not be held by persons fishing for fish or other aquatic animals under the authority of the fishing area user and for the need for proper management of the fishing area.
(2) The Ministry may, in exceptional cases of special justification, issue a special allowance authorising fishing in the fishing zones indicated therein. This allowance shall replace both the fishing ticket and the fishing permit issued by the fishing vessel user. A special allowance may also be issued to non-member of the Czech Fisheries Union and the Moravian Fisheries Union.
Protected fish zones
(1) In the interests of sound fish farming or other aquatic animals, the Regional Authority may, after consultation with the users of the fishing areas, declare parts of the fishing areas and, where appropriate, the whole area as protected areas of fish, while providing for the necessary restrictions on the general use of water.
(2) The user of the fishing area is obliged to clearly mark the boundaries of the protected fish area in nature.
(3) The Regional Authority may impose on users of fishing areas, if they benefit from a protected fish area established, an appropriate contribution to the extent of the benefit to the costs associated with the disposal of the waters of that area.
Access to land
(1) Authorised persons (Sections 9 (1) and 11) may, in the exercise of their fishing right, enter coastal areas unless they are prohibited for reasons of general interest; However, they are obliged to make good the damage they cause. If no compensation agreement is reached, it shall be decided by the municipal authority.
(2) Users of fishing areas may also place on coastal land prescribed markings on the boundaries of fishing areas of trout and non-trout waters and protected areas (§ 9 (5), § 12 (2)). The scope of the obligation on the owner or user of the coastal land to suffer from the location of such markings shall be decided - unless the participants agree - by the municipal authority.
Fish on land flooded during flood
Users of land flooded in the flood shall not be entitled to fish on such land and shall not take measures to prevent fish from returning to the fishing zone. However, they may retain fish remaining on their land after the drop of water if the user of the fishing area has not taken measures to save or catch fish within 7 days of the drop of water.
Provisions common and final
Fish and other aquatic animals
Fish and other aquatic animals under this law are fish of all kinds, crayfish, watermelons, clams, mussels and frogs when living in ponds and flowing waters.
Protection of fisheries
Fishing is meant to protect fish and other aquatic animals from adverse effects and from harmful human interference and the protection of fishing gear.
In the design, construction, operation and maintenance of water works and equipment and in other use of flowing water, account must be taken of the needs and protection of the fisheries sector, in particular the protection of flowing water against pollution, local warming and the discharge of bad waste water. In addition, it must be ensured that, where appropriate, fish crossings and jaws are established and maintained and that, when building up the valley tanks, the fishing places and farming facilities necessary for the disposal of those tanks are also taken into account.
(1) Ensuring proper protection of fishing in ponds and fishing areas is the responsibility of their users and owners. In the context of this obligation, users or owners shall also be required to propose to the municipal authority of the municipality with extended competence for the pond system and for each fishing area the provisions of the fishing guard.
(2) The fishing guard shall, on the basis of a proposal from the user or owner of a pond system or fishing area or on his own initiative, establish a municipal authority of a municipality with extended scope in whose administrative district the proposed person is permanently resident. At the same time, the fishing guard licence shall lay down the perimeter of the fishing guard.
(3) A natural person who:
a) is a citizen of the Czech Republic,
(b) is over 21 years of age,
(c) has not been convicted of an intentional offence;
(d) has legal capacity;
(e) is medically fit;
(f) has demonstrated knowledge of the rights and obligations of the fishing guard under this law and knowledge of the relevant provisions;
(g) have taken the oath of the following text before the municipal authority of the municipality with extended scope: "I promise that, as a fisheries guard, I will most carefully and conscientiously fulfil my obligations in the exercise of the protection of fishing in ponds and fishing areas, that I will comply with the legislation in the exercise of this activity and will not exceed the authorisation of the responsible fishing guards."
(4) The fishing guard shall be issued by the municipal office of the municipality with extended competence with a national emblem and a fishing guard card. The municipal authority of the municipality with extended competence shall keep records of the fishing guards.
(5) The fishing guard is obliged to notify the municipality of the extended area within 30 days of the creation of any changes concerning the conditions referred to in paragraph 3.
(6) The municipal authority of the municipality with extended scope shall abolish the provisions of the fishing guard if the natural person has ceased to perform that function, fulfil the conditions laid down in paragraph 3 or it shall be established that it has been established on the basis of incorrect or false data. The municipal authority of the municipality with extended scope may also withdraw the provisions of the fishing guard for other reasons, on the basis of a proposal from the user or owner of the pond and fishing area system, on its own initiative or at the request of the person designated by the fishing guard. The person who has cancelled the provisions of the fishing guard with extended application of the municipal authority of the municipality shall be obliged to surrender immediately to that municipal authority of the municipality with extended scope of service badge and fishing guard card.
(7) The general rules on administrative procedures shall not apply to the procedure for establishing a fishing guard.
(8) By decree, the Ministry shall establish a model of the service badge with a national emblem and a fishing guard pass and details of the assumptions for the exercise of the functions of the fishing guard and their verification.
(1) The fishing guard shall be authorised to:
(a) to check that persons fishing for fish and other aquatic animals in ponds or fisheries areas are entitled to do so (Article 11), to detain persons caught fishing for fish or other aquatic animals without authorisation and to identify them. In such cases, it shall be entitled to stop and inspect, in the immediate vicinity of ponds and fishing areas, the means of transport and the contents of the baggage transported, if it is reasonable to suspect that they are transporting or containing illegally acquired fish or other aquatic animals, to remove fishing gear and catches from the fishing areas or ponds and to demonstrate them to the authorities of the police of the Czech Republic. Accepted persons are obliged to obey. The fishing gear collected shall be handed over immediately to the authorities of the Czech Police Department,
(b) keep an eye on the proper conduct of fishing for fish and other aquatic animals and examine fish-fishing instruments and catches as well as the fishing vessels and fish tanks;
(c) monitor the use and purity of water from the point of view of the protection of fisheries and identify sources of water pollution;
(d) to monitor the use of courses, stalls, drafts, discharges and other equipment in a manner contrary to the regulations and measures to protect fishing;
(e) to require assistance or cooperation from the authorities of the Czech Police or municipal police, where appropriate, if they are unable to carry out their duties by themselves and by means,
(f) impose and collect fines in block proceedings for offences under special legislation, 1)
(g) persons entitled to exercise the fishing right to retain fishing permits for infringement of obligations under this law.
(2) If the fishing guard finds a defect, it shall, depending on their nature, notify either the owner or the user of the ponds or fishing areas or the authority which appointed it or, in urgent cases, the authorities of the Czech Police Department or the competent authorities of the state administration.
(3) The inspection of means of transport and baggage referred to in paragraph 1 must not pursue any interest other than to determine whether there are any fish or other aquatic animals in those means and baggage.
The fishing guard shall be obliged to:
(a) prove themselves with a fishing guard card and wear a service badge;
(b) to ensure compliance with the obligations relating to the protection of fishing in ponds and fishing areas;
(c) to notify immediately identified defects, defects and damage according to their nature either to the owner or user of ponds or fishing areas, or to the authority which established it, or to the authorities of the Police of the Czech Republic or to the competent authorities of the administration in urgent cases.
(1) The State is responsible for the damage to the person who provided assistance to the fishing guard at his request or with his knowledge (the injured party). The State may waive this liability only if it is liable to damage it intentionally.
(2) If the injured party has suffered injury or death, the extent and amount of compensation shall be determined in accordance with the rules on compensation for accidents at work for workers.
(3) The State is also liable for damage caused to the injured party in connection with the provision of such assistance. In so doing, the actual damage shall be recovered by stating in the previous situation; where this is not possible or expedient, it shall be paid in cash. The injured party may also be granted compensation for the costs of acquiring a new case by compensation for the injured party.
(4) The State is also responsible for the damage caused by the person in connection with the assistance provided to the fishing guard.
(5) The State is also liable, mutatis mutandis, pursuant to paragraphs 2 and 3, for damage caused to the fishing guard in connection with the performance of its tasks.
(6) The State is also liable for damage caused by the fishing guard in the context of the performance of its tasks; This shall not apply where the damage is caused to a person who has caused a legitimate and proportionate action by his infringement.
(7) The compensation is provided by the municipal authority of the municipality with the extended scope established by the fishing guard, by State resources.
Improvement of fish farming
The breeding of fish in ponds and in flowing waters must be aimed at improving performance and increasing the resistance of fish to disease. Only organisations designated by the Ministry may produce generational fish to achieve this objective. Pond management organisations and users of fishing areas are obliged to keep in them fish only from the handle kept by designated organisations, since then and in those areas specified by the Ministry.
Introduction of new fish species and other aquatic animals
The release or introduction into the waters of fish and other animals not yet present in these waters may be carried out only with the agreement of the Ministry which will grant it in agreement with the Ministry of Environment and the Ministry of Health after consulting the Czechoslovak Academy of Sciences and the Czech Fisheries Union and the Moravian Fisheries Union.
Enforcement of fishing law in border waters
Where international agreements have special provisions on the exercise of fishing rights in border flows and in waters declared as international flows, these special provisions shall apply.
Fisheries management
(1) The Ministry is responsible for the central management of fishing planning in particular. In the regions and municipalities, the regional authorities and municipal authorities of the municipalities with extended scope ensure the proper exercise of fishing rights. The Ministry and regional authorities and municipal authorities with extended competence perform these tasks with effective cooperation between the organizational units of the Czech Fisheries Union and the Moravian Fisheries Union.
(2) The Ministry may entrust the Czech Fisheries Union and the Moravian Fisheries Union with other tasks in the fisheries sector.
(3) The municipal authorities of the municipalities with extended competence and regional authorities may suspend the enforcement of the resolutions and measures of the organizational components of the Czech Fisheries Union and the Moravian Fisheries Union if they are contrary to the applicable regulations.
The powers laid down by the Regional Office, the Municipal Office of the Municipality with extended competence or the Municipal Office under this Act are the exercise of the delegation.
Implementing rules
The provisions necessary for the implementation of this Act shall be issued by the Ministry in agreement with the central administrative authorities involved; in particular, it may provide for management or fishing on ponds, where appropriate, to determine which aquatic animals other than those referred to in Article 15 are subject to fishing law, the conditions for the issue and removal of fishing tickets, the period of defence and the lowest allowable level of each species and other aquatic animals, the method and conditions of hunting them, the method of extermination, and, where appropriate, the rearing of fish and other aquatic animals, the treatment of artificial fish farming and the necessary competence of professional fishermen in the fisheries sector.
Repeal
(1) They are repealed.
Act No. 62 / 1952 Coll., on Fisheries,
Ordinance No 142 / 1952 of the Ministry of Agriculture on the prohibition of fishing for fish on ponds,
Decree of the Ministry of Agriculture No 363 / 1952 Ú. l., (No 428 / 1952 Ú. v.) implementing certain provisions of the Fisheries Act, as amended by Decree No 193 / 1957 Ú. l. (Ú. v.),
Decree of the Ministry of Agriculture No 170 / 1953 Ú. l., (No 213 / 1953 Ú. v.), which is issued by the Fisheries Regulations, as amended by Decree No 194 / 1957 Ú. l. (Ú. v.),
and all other regulations issued for the implementation of Act No. 62 / 1952 Coll., on Fisheries. *)
(2) They are hereby repealed.
Act No. 12 / 1948 Coll., on the External Labelling of Stakeholders for the Protection of Forests, Field Property, Hunting and Fishing; and
Act No. 86 / 1949 Coll., on Orthodox Gays for the Protection of Forests, Field Property, Hunting, Fishing, Water and Water Works,
if they relate to the Sentinel (Sentinel) to protect fishing.
This Act shall take effect on the day of its publication.
Novotný v. r.
Fierlinger v. r.
Lenárt v. r.
*) The list of these regulations will be published in the amount of 5 / 1964 Bulletin of the Ministry of Agriculture, Forestry and Water.
1) Act No. 200 / 1990 Coll., on Infringements, as amended.
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Regulation Information
| Citation | Act No. 102 / 1963 Coll., on Fisheries |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1963 |
|---|---|
| Effective from | 19.12.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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