Act No. 62 / 1952 Coll.
Fishing Act
Valid
Effective from 01.01.1953
62.
Law
of 29 October 1952
about fishing.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial and general provisions.
The purpose of the law.
The purpose of this act is to adapt fish and other aquatic animals in running waters and ponds according to the principles of socialist management, in order to contribute to further improvements in workers' nutrition.
Fishing law in running waters and management in ponds.
(1) Fishing shall be carried out:
(a) the exercise of fishing right in running waters;
(b) management in ponds.
(2) The fishing right authorises the rearing, defending, hunting and possessing in flowing waters of fish, crawfish and whiting and other clams.
(3) The provisions of this Law on fishing law in flowing waters also apply to fishing law in dams, lakes, sinks resulting from mining, shedded arms resulting from regulation and water. In doubt whether it is running water or a pond, the district national committee shall decide.
Fishing law in running waters.
The nationalisation of fishing rights.
(1) Fishing law in flowing waters belongs to the State. The fishing rights which still belonged to other persons shall cease without compensation.
(2) The current lease agreements on fishing rights are repealed; because of this cancellation, tenants are only entitled to reimbursement of the proportion of the rent if paid in advance.
Enforcement of fishing law.
The State will allow the exercise of fishing rights to a wide extent for workers, through the bodies provided for by the Ministry of Agriculture in agreement with the Ministry of Forestry and the Wood Industry. In running waters on the grounds of military administration, the State exercises fishing law through professional military authorities.
Fishing grounds.
The Ministry of Agriculture shall, in agreement with the Ministry of Forestry and the Wood Industry, divide the flowing water on the fishing area in such a way as to enable the proper and planned exercise of fishing law. In so doing, it shall, in agreement with the Ministry of Forestry and the timber industry, also carry out a territorial division of the exercise of fishing law between the authorities established under Section 4.
Fisherman.
For each fishing area, a fisherman and his representative shall be established; they shall be established by the person who himself exercises fishing law in the area with the approval of the Regional National Committee. The fishing operator (representative) is obliged to operate according to the economic plan and is responsible for the proper management of the area.
A fishing ticket and a fishing permit.
(1) Those fishing in running waters must carry a fishing ticket issued by the District National Committee and a fishing permit issued by the fishing farm and must follow the rules issued by the Ministry of Agriculture.
(2) The Ministry of Agriculture, together with the Ministry of Forestry and the Wood Industry, may, in exceptional cases, issue an allowance authorising fishing throughout the whole territory of the State. This allowance shall replace both the fishing ticket issued by the district national committee and the fishing permit issued by the fisheries holding.
Protected areas.
If the interest of fish farming (fish spawning, fish rearing, overwintering, etc.), after other aquatic animals, is required, the Regional National Committee and, according to its authority, the Regional National Committee may declare parts of the fishing areas as protected areas.
Access to foreign land for the purpose of exercising fishing rights.
In order to exercise the fishing right, authorised persons may enter coastal areas which are not prohibited in the general interest. However, they are obliged to make good the damage caused by the exercise of the fishing right.
The exercise of fishing rights on land flooded during the flood.
Holders of land flooded during the flood shall not be entitled to fish on such land and shall not take measures to prevent fish from returning to flowing water; they can only claim fish remaining on their land after the drop of water if the fisherman has not taken measures to save the fish within three days after the drop of water.
Protection of fishing.
The design, construction, operation and maintenance of water works and equipment and other use of flowing water shall take account of the needs of the fishing industry; water management regulations apply.
Pond management.
Pond holders, if eligible for fish farming, shall be obliged to keep the ponds in good economic condition and manage them properly.
Provisions common, transitional and final.
Introduction of new fish species and other aquatic animals.
The introduction of fish and other aquatic animals which have not yet been kept in the waters of the Czechoslovak Republic may be carried out only with the agreement of the Ministry of Agriculture, which will grant them in agreement with the ministries of education, science and art, forests and timber industry and health.
Enforcement of fishing law in border areas.
Where international agreements on the exercise of fishing rights in border territories and in watercourses declared as international flows have special provisions, these provisions shall apply.
Transitional measures.
(1) Fishing tickets, licences and authorisations for the exercise of fishing opportunities and fishing permits, issued in accordance with existing rules, shall cease to be valid on 31 December 1952.
(2) To date, users of fishing rights shall be entitled and obliged to exercise their fishing rights properly until they take up the exercise of their fishing rights by the authorities provided for in Article 4.
(3) Measures taken under this Act before it is effective shall be deemed to have been taken under this Act.
Implementing regulations.
The Ministry of Agriculture shall, in agreement with the participating ministries and after hearing the Central Council of Trade Unions, issue detailed provisions for the implementation of this Act. In so doing, it may, in particular, determine which aquatic animals, other than those referred to in Article 2 (2), are subject to fishing law, the period of defence of each species of fish and other aquatic animals, the methods and conditions of their fishing and the legal level of the fish, the method of elimination, the identification and modification of their boundaries and the renting and management of their ponds, the competence of the fishing operator, the issue of fishing tickets (in particular to whom the fishing licence may not be issued, the issue of fishing permits, the establishment of protected areas and their marking in nature and the obligation to provide for direct fishing opportunities.
Repeal clause.
Regulations which contravene the provisions of this Act are repealed, in particular:
1. Law No 22 / 1885 of the Czech Republic concerning certain measures to promote fishing in inland waters, as amended by the regulations amending it,
2. Law No 58 / 1885 / 1999 on fisheries in inland waters,
3. Fishing Act No 62 / 1896 mor. z., as amended by the Regulations amending it and supplementing it,
4. Law No 79 / 1882 mor. z., on certain measures to encourage fishing in inland waters;
5. Article XIX / 1888, on fishing,
6th Government Decree No. 306 / 1936 Coll., on the regulation of fishing in the Slovak and Podcarpathian countries,
7. Government Decree No. 5 / 1942 Coll., on the partial modification of fisheries,
8th Government Decree No. 167 / 1943 Coll., which partly regulates the management of ponds.
Efficiency.
This Act shall take effect on 1 January 1953; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nepomuk v. r.
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Regulation Information
| Citation | Act No. 62 / 1952 Coll., on Fisheries |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.11.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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