Decree No. 123 / 2016 Coll.
Decree amending Decree No. 197 / 2004 Coll., implementing Act No. 99 / 2004 Coll., on the Fishing Law, the Enforcement of Fishing Law, the Fisheries Guard, the Conservation of Marine Fishery Resources and the amendment of certain laws (Act on Fisheries), as amended
Valid
Order
Effective from 16.06.2016
123
DECLARATION
of 11 April 2016
amending Decree No. 197 / 2004 Coll., implementing Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the fishing guard, the conservation of marine fisheries resources and amending certain laws (Law on Fisheries), as amended
The Ministry of Agriculture provides, pursuant to Section 32 of Act No. 99 / 2004 Coll., on Pond, the exercise of fishing law, the fishing guard, the conservation of marine fishery resources and the amendment of certain laws (Law on Fisheries):
Decree No. 197 / 2004 Coll., implementing Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the Fisheries Guard, the Conservation of Marine Fishery Resources and amending certain laws (Fisheries Act), as amended by Decree No. 239 / 2006 Coll., Decree No. 20 / 2010 Coll. and Decree No. 122 / 2010 Coll., is amended as follows:
1. in Article 6 (1) (a), the word "acts" shall be replaced by "acts."
2. in Article 6 (1), point (d) is deleted;
Points (e) and (f) shall be renumbered as points (d) and (e).
3. In Article 6 (1) (d), the word "or" or "and" or "and" or in the field of natural sciences focusing on hydrobiology or ichthyology 'shall be inserted after the word "bachelor';
4. In Article 6 (2), "paragraph 1 (e) or (f) 'is replaced by" paragraph 1 (d) or (e)';
5. Paragraph 6 (3), including footnote 3, reads as follows:
"(3) Recognition of compliance with the requirements for professional qualifications referred to in points (d) and (e) of paragraph 1 and in paragraph 2 shall provide for a different legislation (3).
3) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and of certain nationals of other States and amending certain laws (Act on the Recognition of Professional Qualifications), as amended. '
6. Paragraph 6 (4) is deleted.
Paragraphs 5 to 14 shall be renumbered paragraphs 4 to 13.
7. In Article 7 (1), the word "minimum 'shall be inserted at the beginning of point (a) and the word" indicated' shall be inserted after the word "quantity of fish in '.
8. Paragraph 10, including the title, reads:
Fishing logbook
[Articles 13 (8) and 11 (a) and (b) of the Law]
(1) A fishing ticket is issued for the whole territory of the Czech Republic for a period of 10 years, 3 years, 1 year or 30 days from the date of its issue.
(2) The fishing logbook is issued in accordance with the model set out in Annex 6 to this Regulation.
(3) Qualification conditions for obtaining the first fishing licence are basic knowledge from the fishing industry, biology of fish, legislation governing fishing, proven by a certificate of qualifications obtained by a legal person authorised by the Ministry to verify the knowledge of applicants for the issue of the first fishing licence. The model of the certificate of qualification for the issue of the first fishing ticket and the extent of knowledge required for its issue are set out in Annex 6 to this Regulation.
(4) The qualification criteria referred to in paragraph 3 are met by a person who:
(a) is a fishing farm, a representative of a fishing operator or a fishing guard;
(b) have passed an examination for a fisherman or a fisheries guard;
c) passed an examination of the subject of fishing at a university,
(d) have completed university education in an accredited Bachelor's or Master's study programme in the field of agriculture in the field of study with a focus on fishing or an optional subject of fishing at a school carrying out such a programme or field;
(e) have completed secondary education with a graduate examination in the field of fishing education; or
(f) has completed secondary education with an education certificate by a fisherman.
(5) A further fishing ticket shall be issued to the applicant if it is demonstrated by a fishing ticket previously issued, with the exception of a fishing ticket issued for a period of 30 days, or by another document certifying that it has already held a fishing ticket, with the exception of a fishing ticket issued for a period of 30 days.
(6) A fishing ticket shall also be issued to a stranger if proven to be
(a) previously issued by a fishing ticket, except for a fishing ticket issued for 30 days;
(b) another document certifying that he had already held a fishing ticket, except for a fishing ticket issued for 30 days;
(c) a certificate of qualification as referred to in paragraph 3; or
(d) an authorisation similar to a fishing ticket issued in a foreign State.
(7) The issue of a fishing ticket for a period of 30 days inclusive shall not require the demonstration of the qualification assumptions referred to in paragraph 3. ';
9. in Paragraph 11 (2) (g) and paragraph 3 (d), "35" is replaced by "40."
10. Paragraph 12 (3), including footnote 4, is deleted.
11. in Article 13, the following paragraph 1 is inserted:
"(1) From 1 January to 15 April and from 1 December to 31 December, all fish species are defended in the trout fishery."
Paragraphs 1 to 7 shall be renumbered paragraphs 2 to 8.
12. in Paragraph 13 (4):
"(4) From 1 January to 15 June, they shall be defended in the non-trout fishing zone:
(a) sprat (Aspius aspus),
(b) candola (Stizostedion lucioperca),
(c) sea bass (Perca fluviatilis),
(d) catfish (Silurus glanis),
(e) pike (Esox lucius). ';
13. in Paragraph 16 (1):
"(1) In a non-trout fishing area, the following is permitted:
(a) hunting on laid-down, artificial fly-fishing, fly-fishing or swimming; or
(b) only during the period from 16 June to 31 December, catch by-catches, deep-sea fishing or by larch fishing. "
14.
"Preconditions for the exercise of the functions of the fishing guard, their verification, model of service badge and fishing guard pass
(Paragraph 14 (9) of the Law)
(1) Knowledge of the fishing guard's rights and obligations is demonstrated in accordance with § 14 (2) (e) of the Act
(a) evidence of completed higher education obtained by study in an accredited Bachelor's or Master's study programme in the field of agriculture in the field of study, focusing on fisheries;
(b) evidence of obtaining a full secondary vocational education in the field of fisheries studies or evidence of completion of studies at a higher vocational school with a water and ecology field of study, in which a test based on fisheries is part of the discharge;
(c) proof of the composition of the tests on the fishing operator; or
(d) evidence of the passing of the test for the performance of the function of the fishing guard (hereinafter referred to as the "fishing guard test"), issued after completion of the vocational course.
(2) The recognition of compliance with the professional qualifications requirements referred to in paragraphs 1 and 26 (2) provides for a different legal act (3). "
15. in Article 20 (3) (c), the words "penal code (6)" shall be replaced by the words "penal code (6)";
footnote 6:
"6) Act No. 40 / 2009 Coll., penal code, as amended. '
16. in Article 20 (4), '70% of the 40 questions submitted' is replaced by 'at least 70% of the questions in each of the three thematic areas';
17.
Endorsement of legal persons in the field of education and teaching
(Paragraph 22 (9) of the Law)
(1) The legal persons who may be entrusted by the Ministry with the organisation of examinations for the performance of the duties of the fishing operator and his representative, the tests for the performance of the duties of the fishing guard and the tests for the qualification of the first fishing ticket are those whose personnel meet the qualifications referred to in Article 6 (1) (d) or (e) or Article 6 (2) and have the necessary technical equipment.
(2) No later than 7 working days before the fishing operator's and his representative's examinations and tests for the performance of the fishing guard function, the organiser shall send the Ministry information on the date and place of the event. ';
18. In Annex 9, Part II. Knowledge of legislation point III. The area shall be:
"III. Area 10 questions
Act No. 40 / 2009 Coll., Penal Code, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended.
Subject matter of questions:
cooperation between the Fisheries Guard and the Police of the Czech Republic and citizens, offences against fishing, crime of poaching, social damage of crimes, extreme emergency, necessary defence, violence against an official person, abuse of the authority of an official person, failure to fulfil the duties of the Fisheries Guard as an official person, penalties for infringements, imposition of fines in block proceedings. '
19. In Annex 9, the last sentence is deleted.
Efficacy
This Decree shall enter into force on 16 June 2016, with the exception of Article 10, which shall take effect on 1 January 2017.
Minister:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Decree No. 123 / 2016 Coll., amending Decree No. 197 / 2004 Coll., implementing Act No. 99 / 2004 Coll., on Pond, the exercise of fishing law, the fishing guard, the conservation of marine fisheries resources and amending certain laws (the Law on Fisheries), as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.2016 |
|---|---|
| Effective from | 16.06.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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