Decree No. 292 / 2023 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
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292
DECLARATION
of 18 September 2023
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 the Pond, the exercise of fishing law, the Fisheries Guard, the Conservation of Marine Fishery Resources and amending certain laws (Act on Fisheries), as amended by Act No. 364 / 2021 Coll.:
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., Decree No. 122 / 2010 Coll., Decree No. 123 / 2016 Coll., Decree No. 336 / 2017 Coll., Decree No. 419 / 2017 Coll. and Decree No. 25 / 2018 Coll., are amended as follows:
1. in the first sentence of Article 2 (1), in the first sentence of Article 20 (3) (a) and in Annex 9, Part I, the word "organisms" shall be replaced by "organisms."
2. In Article 2 (1), the third and fourth sentences are deleted.
3. In Article 2, the following paragraphs 3 and 4 are inserted after paragraph 2, including footnote 13:
"(3) The records relating to 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.
13) Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and control of the introduction or introduction and spread of invasive alien species, as amended. ';
Paragraph 3 shall become paragraph 5.
4. in Article 2 (5), "1 and 2 'is replaced by" 1 to 3';
5. Paragraph 4 (2) reads as follows:
"(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. ";
6. In the heading of Section 5, "6 'is replaced by" 8'.
7. In Article 6 (1) (d), the word "accredited 'is deleted, the words" agriculture in the field of study with a focus' are replaced by the words "agriculture education focused 'and the words" full secondary vocational education in the field of study' are replaced by the words "secondary education with a graduate examination in the field of education '.
8. In Article 6 (7), the word 'fifty' is replaced by 'ten'.
9. Paragraph 6 (12) reads as follows:
"(12) The applicant who has benefited shall 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. "
10. in Article 7 (1) (a), the words "and the quantity of fish referred to therein" shall be replaced by "v."
11. in Article 7 (1), point (b) is deleted;
Point (c) shall be renumbered (b).
12. In Article 7, the following paragraph 3 is inserted after paragraph 2:
"(3) The competent fishing authority may, in the case of eel (Anguilla anguilla), lay down, in respect of the conditions for securing the handle of this species, on the basis of a proposal from the fishing industry user, a storage procedure without fixing the minimum quantity of fish landed for each calendar year. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
13. Paragraph 7 (6) reads:
"(6) The recalculations of the age categories of fish introduced for the purposes of the stocking process are set out in Annex 4. ';
14.
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, as set out in Annex 5, shall be presented in the case of catches of invasive non-indigenous species on the Union list in the fishing area. "
15. The following Section 8a is inserted after Section 8:
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 associated fish shall not include silver, gobiidae, catfish (Ictaluridae) and invasive non-indigenous species on the Union list. ';
16. In the heading of Section 9, "5 'is replaced by" 6'.
17. in Article 9 (1), the words "2 (a) or" shall be replaced by the words "1 or 2 (b)" and "ponds" shall be inserted after the words "for the purpose of economic exploitation, regulatory catch, fishing for generational fish, the rescue of fish stock, the monitoring of fish, the maintenance and construction of locks, dams or fish transitions, to ensure the implementation of measures to eliminate, isolate or control the identified invasive non-indigenous species on the Union list, for scientific purposes or to increase certain species of fish. Exemptions from fishing bans may only be authorised '.
18. In Paragraph 9 (2), at the end of the first sentence and at the end of the second sentence, the words "or to ensure the implementation of measures to remove, isolate or regulate an invasive non-indigenous species on the Union list 'shall be added.
19. in Article 9 (4), the words "(a) or (b)" shall be replaced by the words "(a), (b), (d), (f), (g), (i), (j) or (k)," after the word "mining" shall be inserted "to ensure that measures are implemented to remove, isolate or regulate the identified invasive non-indigenous species on the Union list," or after the word "areas" shall be inserted the words "or, where appropriate, to multiply certain species of fish, or are not in the relevant fishery for the natural reproduction of fish."
20. Paragraph 9 (5) is deleted.
21.
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. "
22. The following Section 10a is inserted after Section 10:
(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) have obtained all professional qualifications as laid down for the corresponding full professional qualifications of the Fisherman in the National Qualifications System. ';
23. In the headings of Sections 11 to 14, "11 'is replaced by" 12'.
24. in Articles 11 (2) (a) and 13 (4) (a), the words "Aspius aspus" shall be replaced by the words "Leuciscus aspus."
25. in Articles 11 (2) (b) and 13 (4) (b), "Stizostedion lucioperca" shall be replaced by "Sander lucioperca."
26. in Articles 11 (2) (e) and 13 (3) (b) (2), the words "Leuciscus cephalus" are replaced by the words "Squalius cephalus."
27. in Article 13 (1), "1 January to 15 April and from 1 December to 31 December" shall be replaced by "1 December to 15 April."
28. In Paragraph 14 (2), the words "fishing for artificial aim," are deleted.
29. in Article 14 (5), the words "on the hook," shall be deleted;
30. in Article 16 (1) (a), the words "fishing for artificial aim," shall be deleted;
31. in Article 16, paragraphs 2 and 3 are deleted;
Paragraph 4 shall become paragraph 2.
32. in Paragraph 16 (2):
"(2) The fish received shall be entered in an indelible way by the fishing authorisation by the fishing operator in the non-trout fishing area, indicating the date, name or number of the fishing area, the species, its length and weight. The associated catch of common carp, white amura, common pike, canada, wild boar, catfish and salmon fish shall be recorded by the fishing officer immediately after their capture. In the event of the adoption of other fish species, only the species of fish shall be recorded by the fishing officer immediately after the catch; the number of pieces and the total weight shall be recorded after the end or interruption of the catch before leaving the water. ';
33.
(1) In the trout fishing area, the fishing method allowed
(a) fishing for seabream and fly fishing from 16 April to 30 November; and
(b) in the case of fishing for fish other than salmonids, hunting on a set-up or on a swim shall also be permitted only on plant-origin.
(2) If a fishing person fishing in a trout fishing area catches pike, deer fat, sea bass, catfish, wild boar or canada, he shall not return those fish to the trout fishing area.
(3) The fish received shall be entered in an indelible way by the fishing authorisation by the fishing operator in the trout fishing area, indicating the date, name or number of the fishing area, the species, its length and weight. The associated catch of salmon and carp shall be recorded by the fishing officer immediately after their capture. In the event of the adoption of other fish species, only the species of fish shall be recorded by the fishing officer immediately after the catch; the number of pieces and the total weight shall be recorded after the end or interruption of the catch before leaving the water. ';
Article 34 (18), including the title, reads:
Fishing authorisation
[Paragraph 13 (12) (f) of the Law]
The model of the fishing permit form is set out in Annex 8. ';
35. in Paragraph 20 (3) (c), the words "the law on offences" shall be replaced by the words "the law on liability for and proceedings against offences."
36.
"5) Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings, as amended. '.
37.Paragraph 20 (9) reads:
"(9) On the basis of a successful test carried out by the fishing guard, the fishing guard test committee shall issue a certificate containing:
(a) an indication that it is a certificate of successful conduct of the fishing guard test;
(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 authority of the Ministry to which the organiser has been assigned to carry out the fishing guard tests;
(g) the date and place of the test. ';
38. In Paragraph 20 (11), the words "individual parts of the test 'are replaced by the words" oral parts of the test and individual thematic areas of the written part of the test', the words "§ 19 (3) 'are replaced by the words" § 23 (1)' and the words "fifty 'are replaced by the words" ten'.
39. Paragraph 22 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
40. The following Section 22a is inserted after Section 22:
Registration of fishing areas and ponds
(Paragraph 22 (8) of the Law)
(1) The records of fishing areas and fish ponds for each fishing area contain:
(a) the name of the fishing area;
(b) the number of the fishing area;
(c) an indication of whether it is a trout or non-trout fishing area;
(d) a verbal description of the fishing area and its boundaries;
(e) a map of the fishing area;
(f) details of the declared protected fish area;
(g) details of the user of the fishing area;
(h) the period for which the exercise of the fishing right has been authorised;
(i) the established cultivation process;
(j) the maximum number of fishing allowances issued; and
(k) data on invasive non-indigenous species on the Union list from the record of reports of economic results achieved in the exercise of fishing law in fishing areas.
(2) For each pond, the data on invasive non-indigenous species on the Union list from the report on the economic results achieved in the pond are data on the Union list of fish stocks.
(3) The records of fishing areas and ponds are kept in a way that allows remote access. "
41. In Section 23, the text "22 (9) 'is replaced by" 11 (10) and Article 22 (13)'.
42. In Article 23 (2), the words "and tests' are replaced by the words", tests' and after the words "guards', the words" and tests to verify the qualification assumptions for obtaining the first fishing ticket 'are inserted.
43. In Annex 1, Table D reads:
"'.
44. In Annex 1, Table G is inserted after Table F:
"'.
45. Annex No 2 is deleted.
46. Annex 3 reads as follows:
"Annex 3 to Decree No 197 / 2004 Coll.
Model fishing operator licence and its representative
"
47.
"Annex No 4 to Decree No 197 / 2004 Coll.
Recalculations of age categories of fish introduced
| Druh | Zkratka | Přepočítací koeficienty věkových kategorií v ks |
|---|---|---|
| Kapr obecný | K | 15 ks K1 = 1 ks K2 = 0,5 ks K3 (≥ 1,0 kg) |
| Amur bílý | Ab | 15 ks Ab1 = 1 ks Ab2 = 0,5 ks Ab3 (≥ 1,0 kg) |
| Lín obecný | L | 20 ks L1 = 1 ks L2 = 0,5 ks L3 (≥ 0,2 kg) |
| Štika obecná | Š | 200 ks Š0 = 5 ks Šr = 1 ks Š1 = 0,2 ks Š2 |
| Candát obecný | Ca | 5 ks Car = 1 ks Ca1 = 0,1 ks Ca2 |
| Sumec velký | Su | 2 ks Sur = 1 ks Su1 = 0,25 ks Su2 |
| Pstruh obecný | Po | 50 ks Po0 = 10 ks Po1/4 = 2 ks Po1 = 1 ks Po2 = 0,5 ks Po3 |
| Lipan podhorní | Li | 5 ks Li1/4 = 1 ks Li1 = 0,5 ks Li2 |
| Pstruh duhový | Pd | 2 ks Pd1 = 1 ks Pd2 |
| Siven americký | Si | 2 ks Si1 = 1 ks Si2 |
| Hlavatka obecná (podunajská) | HI | 5 ks HI1/4 =1 ks HI1 = 0,2 ks HI2 |
| Ostroretka stěhovavá | Os | 10 ks Osr = 1 ks Os1 = 0,5 ks Os2 |
| Podoustev říční (nosák) | Pod | 10 ks Podr = 1 ks Pod1 = 0,5 ks Pod2 |
| Parma obecná | Pa | 15 ks Par = 1 ks Pa1 = 0,5 ks Pa2 |
| Jelec tloušť | TI | 10 ks TIr = 1 ks TI1 = 0,5 ks TI2 |
| Jelec jesen | Jj | 10 ks Jjr = 1 ks Jj1 = 0,5 ks Jj2 |
| Bolen dravý | Bo | 10 ks Bor = 1 ks Bo1 = 0,5 ks Bo2 |
| Mník jednovousý | Mn | 2 ks Mnr = 1 ks Mn1 = 0,5 ks Mn2 |
| Tolstolobik bílý, pestrý | Tb, Tp | 15 ks Tb1, Tp1 = 1 ks Tb2, Tp2 = 0,5 ks Tb3, Tp3 |
| Síh maréna | Ma | 1 ks Ma1 = 0,5 ks Ma2 |
| Úhoř říční | U | 1 ks Um = 0,1 Ukrm |
| Bílá ryba | Br* | bez přepočtu |
| ostatní druhy ryb | dle druhu |
Explanatory notes:
| 0 – | váčkový plůdek |
| r – | plůdek rychlený |
| ¼ – | plůdek lososovitých druhů ryb ve stáří do 3 měsíců |
| 1 – | plůdek do věku jednoho roku |
| 2 – | násada do věku 2 let a starší |
| 3 – | násada do věku 3 let a starší. V případě kapra obecného a amura bílého se násadou ve věku 3 let a starší rozumí jedinci o hmotnosti vyšší nebo rovno 1 kg. V případě lína obecného se násadou ve věku 3 let a starší rozumí jedinci o hmotnosti vyšší nebo rovno 0,2 kg. |
| m – | monté úhoře říčního |
| krm – | odkrmené monté úhoře říčního |
| * | Bílou rybou se rozumí doplňkové druhy ryb, které jsou ekologicky vhodné k zarybnění konkrétního rybářského revíru, nejedná se o žádnou z vyjmenovaných druhů ryb uvedených v ustanovení § 2 písm. r) zákona ani o invazní nepůvodní druh na unijním seznamu; bílou rybou se rozumí zejména cejn velký, okoun říční, plotice obecná, perlín ostrobřichý, cejnek malý, karas obecný, ouklej obecná, hrouzek obecný, slunka obecná, ježdík obecný. |
48.
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Regulation Information
| Citation | Decree No. 292 / 2023 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 (Fisheries Act), as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.09.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Public Contracts 1
Smlouva o dílo: Zpracování statistických údajů pro potřeby státní správy rybářství a pro statistická...
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