Decree of the Ministry of Agriculture No. 296 / 2001 Coll.
Decree of the Ministry of Agriculture laying down the method of keeping economic records on ponds and records of economic results in fishing areas, details of the tender procedure for the exercise of fishing rights in fishing areas and the professional competence of fishing farms and amending Decree of the Ministry of Agriculture, Forestry and Aquaculture No. 103 / 1963 Coll., which is issued by the implementing regulations for the Fisheries Act, as amended
Valid
Order
Effective from 15.08.2001
Text versions:
15.08.2001
296
DECLARATION
Ministry of Agriculture
of 31 July 2001
laying down the method of keeping economic records on ponds and records of economic results in fishing areas, the details of the selection procedure for the exercise of fishing rights in fishing areas and the professional competence of fishing holdings, and amending Decree No 103 / 1963 of the Ministry of Agriculture, Forestry and Aquaculture Coll., which is to be issued by implementing regulations for the Fisheries Act, as amended
The Ministry of Agriculture provides, pursuant to Sections 4 (2), 8 (2) and 9 (1) and 9 (2) of Act No. 102 / 1963 Coll., on Fisheries, as amended by Act No. 410 / 2000 Coll., hereinafter referred to as "the Act ':
Method of keeping economic records on ponds
(K § 4 (2) of the Act)
The economic record of fish farming on the fish pond and other aquaculture establishments shall consist of the keeping of the data contained in the form, the model of which is set out in Annex 1 to this Regulation.
Selection procedure for the exercise of the fishing right
(K § 8 (2) of the Act)
(1) Where more than one user is interested in the exercise of the fishing right on a fishing area which does not have a user or which has been withdrawn from the existing user for the reasons set out in the law, the user shall, in the context of a selection procedure, be decided by the authority of the region in whose territory the fishing area is situated.
(2) The selection procedure for the exercise of the fishing right shall be issued by the Region of Delegated Jurisdiction where at least 1 applicant submits an application for the exercise of the fishing right by 31 August. The invitation to tender shall be published by the Region of Delegated on the official record on 1 September for a period of 15 days. By 30 September, additional applicants may apply for a tender for the exercise of fishing rights.
(3) A natural or legal person (hereinafter referred to as "the applicant") may submit an application to the authority of the Region of Delegated Jurisdiction for the exercise of fishing rights (hereinafter referred to as "the application") if:
(a) has permanent residence or registered office in the Czech Republic;
b} does not have a social security claim and a contribution to state employment policy at the date of application, including periodic penalty payments. The applicant (in the case of a legal entity, its agent) shall provide evidence of that fact by a declaration of honour.
(4) The exercise of the fishing right is free of charge.
(1) The applicant shall submit an application for the exercise of the fishing right of the delegated authority within the area of which the fishing area is situated.
(2) The request for the exercise of the fishing right must contain the following particulars:
(a) the designation and number of the fishing area;
(b) the name, surname, date of birth, permanent residence and signature of the applicant, if any,
(c) the trade name, registered office, identification number, name, surname and signature of the statutory authority of the applicant, if any,
(d) a proposal for a method of management;
(e) the name of the person proposed for the fishing operator and his representative;
(f) for applicants - natural persons and persons proposed as fishermen and their representatives, an extract from the Register of Penalties, not more than 3 months old;
(g) for applicants - legal persons, an extract from the record of the Register of Penalties, not more than 3 months old, statutory bodies and persons proposed as fishermen and their representatives;
(h) the date of application.
(3) The applicant shall submit to the application a declaration of honour in accordance with Article 2 (3) (b) and a descriptive sheet of the fishing industry, a specimen of which is given in Annex 2 to this Regulation.
(4) The legal person, if registered in the Commercial Register, shall also be accompanied by an extract from the Commercial Register, not more than 3 months old, by the Civil Association, an indication of his registration by the Ministry of the Interior and the statutes registered by the Ministry of the Interior.
(1) The proposal for the selection of the user is carried out by a five-member commission appointed by the county captain whose perimeter the fishing area is located. The Commission is appointed as a permanent regional authority. The President of the Commission shall be appointed by the county supervisor. In the absence of the President, the chairman shall be represented by a member of the Commission appointed by the county supervisor. The Commission is composed of two employees of the Regional Office in whose district the fishing area is located, two representatives of the Fisheries Association of the Czech Republic and one representative of the Ministry of Agriculture. The Commission shall have a quorum if at least three members are present. The Commission shall decide by voting by a majority of the members present. In the event of a tie, the President of the Commission shall vote. The Commission shall propose to the competent authority of the county to select the applicant who, in its opinion, best meets the selection criteria and, in substance, the competent department of the region shall issue an administrative decision to delegate the exercise of the fishing right to the selected applicant in the fisheries area concerned.
(2) The selection procedure for the delegation of fishing opportunities is conducted according to the following criteria:
(a) the method of payment and settlement for the crew taken over when taking over the fishing area;
(b) the level of access to the fishing area on the basis of allowances of other entities;
(c) the provision of a person qualified for the function of fisheries operator and his agent;
(d) the level of proposed care for the presence of other organisms not subject to the exercise of fishing law;
(e) knowledge of environmental risks and how to address them;
(f) the design of the management method;
(g) the method of restocking, taking into account the ecological character of the area.
(3) The Commission will draw up a report on the conduct of the selection procedure with the following elements:
(a) the composition of the Commission;
(b) a summary of the applications and the outcome of the assessment of their validity;
(c) the outcome of the selection procedure and the ranking of individual applicants;
(d) justification for selecting the most appropriate application;
(e) signatures of all members of the Commission present.
(4) The decision on the outcome of the selection procedure shall be forwarded by the county authority in the delegated capacity within 14 days of the date of the conclusion of the selection procedure to all tenderers.
Records of economic results achieved
(K § 9 (1) of the Act)
The record of the economic results achieved in the fishing zones shall be kept on a form, a model of which is given in Annex 3 to this Regulation.
Qualification of the fishing operator
(K § 9 (2) of the Act)
The qualification conditions for the performance of the function of the fisherman and his representative shall be met by the proposed person, provided that:
(a) prove its integrity by submitting an extract from the Register of Penalties, not more than 3 months old;
(b) is over 21 years of age,
(c) is fully eligible for legal action; and
(d) obtain higher education in an accredited agricultural engineering study programme in the fisheries field or in an accredited biology study programme in the hydrobiology field or in an accredited zoology study programme specialising in ichtyology; or
(e) have completed a secondary school with a graduate or a higher vocational school completed by discharge in fisheries; or
(f) provide a certificate of completion of a course for the fisheries operator and a successful composition of a higher professional fishing test after 1 January 1998 or a certified copy thereof.
In Decree No. 103 / 1963 Coll., which issues implementing regulations for the Fisheries Act, as amended by Act No. 146 / 1971 Coll., Act No. 49 / 1982 Coll., Act No. 425 / 1990 Coll., Decree No. 189 / 2000 Coll. and Act No. 410 / 2000 Coll., Sections 1 to 4, Sections 6 and 7, in § 8 (1), first four sentences and paragraphs 2, § 9 and 10 are deleted.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Fencl v. r.
Příloha č. 1
Annex No 1 to Decree No. 296 / 2001 Coll.
Příloha č. 2
Annex No 2 to Decree No. 296 / 2001 Coll.
Příloha č. 3
Annex 3 to Decree No. 296 / 2001 Coll.
Contents
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 296 / 2001 Coll., which provides for the management of economic records on ponds and records of economic results in fishing areas, details of the selection procedure for the exercise of fishing rights in fishing areas and the competence of fishing farms and amending Decree of the Ministry of Agriculture, Forestry and Water Management No. 103 / 1963 Coll., which is issued by the implementing regulations for the Fisheries Act, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.08.2001 |
|---|---|
| Effective from | 15.08.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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