Decree No. 197 / 2004 Coll.
Decree 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 (Law on Fisheries)
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Order
Effective from 23.04.2004
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197
DECLARATION
of 13 April 2004
to implement 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 (Law on Fisheries)
The Ministry of Agriculture provides, pursuant to Section 32 of Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the fisheries guard, the conservation of marine fishery resources and the amendment of certain laws (the Law on Fisheries) (hereinafter referred to as the Act):
Collective fishing method for fish and aquatic organisms
[K § 3 (5) (a) of the Act]
(1) Fishing for nets is carried out
(a) into trawls, towing, throwing, building, horizontal or catch nets; or
(b) by means of a small fishing gear with a net mesh.
(2) Fishing carried out through water handling (1) is a fishery for the purpose of collecting a fish stock at the places where it is fished, for example, in a fishing area.
(3) Fishing by means of a different technical establishment is a fishery for an establishment which may be located at the site for a period fixed by the owner of the pond or by the owner of a special establishment, or by their tenant (hereinafter referred to as "pond keeper") on the basis of a written lease agreement with the owner for the purpose of the pond.
(4) Hunting to a permanent fishing gear is hunting to a gear firmly connected to the terrain, for example to a fishing ground under a pond dam.
Record keeping of pond management
[K § 3 (5) (b) of the Act]
(1) The record of the management and the economic result achieved in the farming and fishing of fish or in the production of aquatic organisms in the pond and in a special establishment consists of the management of the management data and of the economic result achieved using mass-efficient methods of fishing and fishing for fish on a hook. These figures (1a) are shown in Annex 1 to Tables A to E.
(2) The record of caught eel (Anguilla anguilla) 1b and salmon (Salmo salar) 1c contains the information set out in Annex 1, Table F.
(3) The records concerning invasive non-indigenous species having a significant impact on the European Union, which have been included in Union list 13) (hereinafter "invasive non-indigenous species on the Union list") contain the information set out in Annex 1, Table G.
(4) Tables B to D listed in Annex No 1 are to be submitted only if the pond seabream has produced and marketed more than 150 fish of salmonidae and, where appropriate, horticultural limestone ("salmon") or more than 100 kg of other fish or aquatic organisms in a calendar year. Table E listed in Annex 1 shall be submitted to the competent fishing authority on request.
(5) The data referred to in paragraphs 1 to 3 shall be submitted in writing or by electronic means, certified by the guaranteed electronic signature, where appropriate by means of a data box, to the competent fishing authority.
Fishing area, fishing area boundaries and conservation zone
[Articles 4 (11) and 11 (10) (e) of the Law]
(1) The trout fishing area shall be declared by the competent fisheries authority on the watercourse or part thereof, on the pond or on closed water where the conditions for the presence of salmon fish are met. If the conditions for declaring trout fisheries are not fulfilled, the area shall be declared non-trout.
(2) The boundaries of the fishing area and, where appropriate, the protected fish area are determined across the water flow, as a rule, so that they are visible in the field (e.g. structures, technical installations, natural formations or other objects).
(3) The fishing area and, where appropriate, the protected fish area are identified by a table identifying the fishing area and, where appropriate, the protected fish area. If water flow is concerned, this marking shall be placed on both ends of the fishing area or, where appropriate, the protected fish area, on both sides of the water flow. The table shall include the name of the fishing area, the number of the fishing area and details of whether it is a trout or out-of-trout or a protected fish area, and details of the fishing area user, the name and surname of the fishing area, in the case of a natural person or a commercial firm or the name of a legal person.
Announcement, modification and cancellation of protected fish areas
(K § 5 (3) of the Act)
(1) The protected fish zone is declared taking into account the appropriate ecological conditions for fish and aquatic organisms which will be subject to farming or protection in that protected fish area.
(2) When the protected fish area is declared, the following information shall be provided:
(a) where it is declared only on part of the fishing area, the delimitation of the boundaries of the protected fish area, namely:
1. watercourses or parts thereof, river kilometres, hydrological order number and presence data, in the case of a protected fish area on a watercourse; or
2. closed waters, ponds or parts thereof, hydrological order number and cadastral territory, in the case of a protected fish area on closed water or on a pond; and
(b) the species of fish or aquatic organisms to be subject to protection, the resources and the way in which they are planted, their maximum and minimum numbers, their age categories and their planting dates.
(3) Paragraph 4 (5), (6), (8) and (9) of the Act applies mutatis mutandis to the declaration, modification and cancellation of the protected fish area.
Scope of settlement with the previous user of the fishing area
(K § 8 (8) of the Act)
(1) The settlement shall consist of the payment of the part of the fish stock of the fishing area which has been created by the planting of the handles provided for in the decision of the competent fishing authority in the last three years, unless the previous user has spoken to the fish.
(2) In the cases referred to in § 10 (1) (a) or (b) of the Act, settlement is not carried out.
Presumption for the performance of the duties of the fisherman and his agent
[Paragraph 11 (10) (a) and (b) of the Law]
(1) A natural person may be designated by the fishing holding and its representative:
(a) be eligible for legal proceedings;
(b) is over 21 years of age,
(c) is fair [Paragraph 8 (1) (g) of the Act];
(d) provide evidence of completed university education obtained by study in a Bachelor's or Master's degree programme in the field of fisheries education, or evidence of receiving secondary education with a graduate examination in the field of fisheries education, or proof of completion of studies at a higher vocational school in the water and ecology field in which the examination of the basis of fisheries is part; or
(e) provide a certificate of successful conduct of tests on the fisheries operator.
(2) The documents referred to in paragraph 1 (d) or (e) may be replaced by evidence of successful completion of the studies concerned and, where appropriate, evidence of the composition of tests similar to those carried out on the fishing operator after 1.1.1998, issued under previous legislation.
(3) Recognition of compliance with the requirements for professional qualifications referred to in points (d) and (e) of paragraph 1 and in paragraph 2 is provided for in another legislation3).
(4) The tests on the fishing operator shall be carried out orally and, where appropriate, in writing before the Examination Board (paragraph 7); the dates of the examinations shall be determined by the organiser in agreement with the Ministry of Agriculture (hereinafter referred to as the Ministry).
(5) Tests consist of two parts
(a) practical (knowledge of ten fish and aquatic organisms demonstrated); and
(b) theoretical (answer of five questions from ichtyology, hydrobiology, ecology, fish farming, fish diseases, environmental care, economic registration issues and knowledge of legislation on fisheries).
The successful composition of the practical part of the examination is a condition for passing the part theoretical.
(6) The examination committee shall be composed of the Chair and at least two members; She's named by the Ministry.
(7) The examination panel shall record the conduct of the trials on the fishing operator, which shall include the name, surname, date, place of birth and permanent residence of the tenderer, an evaluation of his knowledge and the date and place of the examinations. The minutes shall be signed by the chairman and the members of the examination committee. The minutes shall be kept by the organiser and kept for 10 years.
(8) In case the candidate correctly identifies at least 9 out of 10 fish species or aquatic organisms present in the Czech Republic in the practical examination, he is assessed as "benefiting."
(9) In the event that the candidate has correctly answered at least three of the five questions asked in the theoretical part of the examination, he shall be assessed as "benefited '.
(10) The results of the tests on the fisheries operator shall be assessed at "benefit 'or" benefit' levels.
(11) Candidates who have not benefited or who have not been able to undergo tests for serious reasons on the fishing operator may, in agreement with the Ministry, set a deadline.
(12) The applicant who has benefited will receive from the organiser a certificate of the tests carried out containing:
(a) an indication that the certificate is for testing on the fishing operator;
(b) the name of the organiser, his registered office and the identification number of the legal person;
(c) the name and, where applicable, the name, surname, title, address of the place of stay, date and place of birth of the tenderer;
(d) the name and, where appropriate, the name, surname, title and signature of the Chairman of the Examination Board or his representative;
(e) the name and, where appropriate, the name, surname, title and signature of the organiser's representative and the stamp of the organiser;
(f) the designation of the Ministry responsible for conducting tests on the fisheries operator;
(g) the date and place of the tests; and
(h) the result of the tests.
(13) The model of the fishing operator's licence and its representative shall be as set out in Annex 3.
Management in the fishing area
[Paragraph 11 (10) (c) of the Law]
(1) When determining the management method of the fishing area, the competent fishing authority shall determine, according to the ecological nature of the fishing area and the existing compositions of the fish stock in particular:
(a) the minimum quantities of fish planted per calendar year by species in one age category;
(b) having regard to the production capacity of the fisheries sector, the possibility of economic exploitation or of regulatory catch.
(2) When establishing the seedling procedure, the competent fisheries authority shall be based on the composition of the fish stock of the fishing area with a view to supplementing that part of the fish stock which is not completed naturally. The seasoning shall not jeopardise the balance of the fish stock in the fishing area. The plot shall be planed evenly throughout the area and the pond shall be made with regard to the ecological deviations of each part of the fishing area.
(3) The competent fishing authority may, in the case of eel (Anguilla anguilla), lay down, in the light of the conditions for securing the handle of this species on the basis of a proposal from the fishing area user, a stocking procedure without fixing the minimum quantity of fish landed for each calendar year.
(4) By establishing the maximum number of allowances issued per ha of the water area of the fishing area, the competent fisheries authority shall regulate the fishing exploitation of the fishing area in such a way that the stocks that are most affected by the fishery do not fall below the limit of the imbalance of the fish stock. As a rule, it shall set a maximum of 15 annual allowances in trout and 25 annual allowances in non-trout areas. Where users of fishing areas are evaluated for the common validity of issued allowances or where a person is a user of more than one fishing area, the maximum number of annual allowances issued with a common validity on several areas may be added.
(5) The issue of annual allowances may be replaced in whole or in part by the issue of short-term allowances by the conversion referred to in Annex 3a.
(6) The recalculations of the age categories of fish introduced for the purposes of the stocking process are set out in Annex 4.
Record keeping of management and profit achieved in the fisheries sector
[Paragraph 11 (10) (d) of the Law]
(1) The management record and the profit achieved in the fisheries sector consists in the management of the data set out in Annex No 5 to Tables A and B. Data on planted handles shall be submitted as the quantity actually planted in each age category of each species.
(2) The records relating to invasive non-indigenous species on the Union list contain the data set out in Annex 5, Table C. Table C, set out in Annex 5, is to be submitted where an invasive non-indigenous species has been caught in the fishing area on the Union list.
Daily limits on the number of pieces and weight of fish assembled
(Paragraph 13 (4) of the Act)
(1) In out-of-trout fishing areas, the fishing person may take up fishing in one day, even if he is fishing on more than 7 kg of all fish species. There may be no more than 2 head of common carp, white amura, pike, canada, wild boar, catfish or a combination thereof and no more than 3 head of salmon. For this purpose, the seabream and the seabream are not considered to be salmon.
(2
(3) In trout fishing areas, the fishing person may take on board a maximum of 7 kg of all fish species in one day, even if he is fishing on several fishing areas. No more than 2 head of common carp and no more than 3 head of salmon may be taken in daily catch. For this purpose, the seabream and the seabream are not considered to be salmon. The daily limit of the number of fish and the weight of fish attached shall not include pike, clover, sea bass, catfish, wild boar and candola.
(4) If a fishing person in a trout fishing area has been joined by a fish which exceeds 7 kg of total weight of the catch per day, the fishing vessel shall end by the day.
(5) The daily limits on the number of heads and weight of attached fish shall not include silverfin (Gobiidae), catfish (Ictaluridae) and invasive non-indigenous species on the Union list.
Principles for granting exemptions from prohibited fishing methods
(Paragraph 13 (6) of the Act)
(1) Exemptions from the fishing bans referred to in Article 13 (1) or (2) (b) of the Act may be granted only to users of the fishing area or pond for the purpose of economic extraction, regulatory catch, fishing for generational fish, rescue of fish stock, monitoring of fish, maintenance and construction of lock, dam or fish crossing points, to ensure that measures are implemented to eliminate, isolate or regulate the identified invasive non-indigenous species on the Union list, for scientific purposes or to multiply certain fish species. Exemptions from fishing bans may be allowed only for actions with temporal, spatial and material delimitation.
(2) Exemptions from the fishing bans referred to in Article 13 (2) (c) of the Act may be authorised only by the users of the fishing area for the purpose of securing fish levers, for fishing for generational fish, for the transfer of fish clasps to another site, for scientific or educational purposes, for floods, exceptional and life of fish threatening water pollution, for reduced water flow, for reduced oxygen content in water, or for the control and control of the storage of fish clasps for the fishing area, or for the implementation of measures to eliminate, isolate or control of the identified invasive non-indigenous species on the Union list. Fishing vessels may be allowed an exemption from the fishing bans referred to in Article 13 (2) (c) for the purposes of pond practice or to ensure that measures are implemented to eliminate, isolate or regulate an identified invasive non-indigenous species on the Union list.
(3) Exemptions from the fishing bans provided for in Paragraph 13 (2) (c) of the Act may be granted for a maximum period of 2 years from the date of the acquisition of legal power of the decision authorising the exemption.
(4) Exemptions from the fishing bans referred to in Article 13 (3) (a), (b), (d), (f), (g), (i), (j) or (k) of the Act may be authorised by the fishing industry for the purpose of carrying out economic exploitation, securing fish catches, fishing for generational fish and aquatic organisms, regulatory catch, rescue of fish stock, organisation of sport events, exploration, activities, maintenance and construction of navigation chambers, dam or fish transitions, ensuring the implementation of measures for the removal, isolation or regulation of an identified invasive non-indigenous species on the Union list, for farming in protected fish areas or for the replication of certain species of fish, or not being in the relevant fishery conditions for natural reproduction of fish.
Fishing logbook
[Paragraph 13 (12) (a) of the Law]
(1) A fishing ticket is issued for an indefinite period of 10 years or 30 days from the date of issue for the whole territory of the Czech Republic.
(2) The model of the fishing list is set out in Annex 6.
(3) Qualification conditions for obtaining a fishing ticket for an indefinite period of time or for a period of 10 years are fulfilled by the person who proves
(a) a certificate or document proving the qualifications referred to in Article 10a;
(b) previously issued by a fishing ticket, except for a fishing ticket for 30 days;
(c) another document certifying that it has already held a fishing ticket, with the exception of a fishing ticket for 30 days; or
(d) an authorisation similar to a fishing ticket issued in a foreign State.
(4) Proof of qualification assumptions is not required to issue a fishing ticket for a period of 30 days.
(5) The fishing ticket expires
(a) the expiry of the period for which it was issued;
(b) death or the date on which the decision on the death declaration becomes final;
(c) by taking over a new fishing ticket; or
(d) the expiry of a period of 60 days from the date of amendment of the name or, where appropriate, of the names or surnames.
(1) 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.
(2) In order to qualify for the first fishing licence, the applicant must demonstrate the basic knowledge
(a) knowledge of fish and aquatic organisms;
(b) biology of fish and aquatic organisms;
(c) fishing methods;
(d) fisheries management in fisheries areas; and
(e) legislation governing fisheries.
(3) The certificate of qualification for the issue of the first fishing ticket shall contain:
(a) an indication that it is a certificate of qualification for the issue of the first fishing ticket,
(b) the name of the organiser, his registered office and the identification number of the legal person;
(c) the designation of the Ministry's mandate, indicating the relevant number of the case by which the organiser was assigned to carry out the verification of the knowledge of applicants for the issue of the first fishing ticket;
(d) the name and, where appropriate, the name, surname, title, address of the place of stay, date and place of birth of the tenderer;
(e) the date and place of verification of the knowledge of the tenderer; and
(f) the name and, where appropriate, the name, surname, title and signature of the organiser's representative and the stamp of the organiser.
(4) The eligibility criteria for obtaining the first fishing ticket referred to in paragraph 1 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) have obtained higher education in a Bachelor's or Master's programme in the field of fisheries education, or has successfully passed an examination of the subject of fishing at a university carrying out a study programme in the field of agriculture or biology, ecology and the environment or providing a higher education for fisheries;
d) obtained a secondary education with a graduate examination in the field of fishing education or a higher vocational education in the field of water management and ecology;
(e) has obtained a secondary education with a certificate in the field of education by a fisherman; or
(f) has obtained all professional qualifications as laid down for the corresponding full professional qualifications of the Fisherman in the National Qualifications System.
Method of measuring the length of fish and the smallest fishing rate of selected species in the fishing zone
[Paragraph 13 (12) (c) of the Law]
(1) The length of the fish is measured from the top of the snout to the end of the longest tail fin rays.
(2) The lowest fishing rates for selected species in the non-trout fishing area are:
(a) wild boar (Leuciscus aspus) 40 cm,
(b) candola (Sander lucioperca) 45 cm,
(c) Danube salmon (Hucho hucho) 65 cm,
(d) deer (Leuciscus idus) 25 cm,
(e) clover (Squalius cephalus) 25 cm,
(f) small sturgeon (Acipenser ruthenus) 30 cm,
(g) carp (Cyprinus carpio) 40 cm,
(h) Herring (Tinca tinca) 20 cm,
(i) lipan (Thymallus thymallus) 30 cm,
j) Migratory shark (Chondrostoma nasus) 30 cm,
(k) Parma (Barbus barbus) 40 cm,
(l) 25 cm (Vimba vimba),
(m) rainbow trout (Oncorhynchus mykiss) 25 cm,
(n) trout (Salmo trutta) 25 cm,
(o) siven (Salvelinus fontinalis) 25 cm,
(p) catfish (Silurus glanis) 70 cm,
(q) pike (Esox lucius) 50 cm,
(r) eel (Anguilla anguilla) 50 cm,
(s) sole (Lot lot) 30 cm,
(t) Atlantic salmon (Salmo salar) 50 cm.
(3) The smallest fishing rates for selected species in the trout fishing area are:
(a) Danube salmon (Hucho hucho) 65 cm,
(b) deer (Leuciscus idus) 25 cm,
(c) small sturgeon (Acipenser ruthenus) 30 cm,
(d) carp (Cyprinus carpio) 40 cm,
(e) Herring (Tinca tinca) 20 cm,
(f) liman (Thymallus thymallus) 30 cm,
(g) Migratory shark (Chondrostoma nasus) 30 cm,
(h) Parma (Barbus barbus) 40 cm,
(i) the siding of the river (nose) (Vimba vimba) 25 cm,
(j) rainbow trout (Oncorhynchus mykiss) 25 cm,
(k) trout (Salmo trutta) 25 cm,
(l) siven (Salvelinus fontinalis) 25 cm,
(m) sole (Lot lot) 30 cm,
(n) Atlantic salmon (Salmo salar) 50 cm,
(o) eel (Anguilla anguilla) 50 cm.
Daily fishing times in the calendar year in the fishing zone
[Paragraph 13 (12) (d) of the Law]
(1) The daily fishing times for trout fisheries are:
(a) in January and February from 7 a.m. to 5 p.m.
(b) in March from 6 am to 18 pm,
(c) in April from 6 am to 20 pm,
(d) in May from 6 am to 21 pm,
(e) in June and July from 5 am to 22 pm,
(f) in August from 6 am to 22 pm,
(g) in the month of September from 7 am to 20 pm,
(h) in October from 7 am to 19 pm,
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Regulation Information
| Citation | 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 fishery resources and the amendment of certain laws (Law on Fisheries) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.2004 |
|---|---|
| Effective from | 23.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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