Act No. 99 / 2004 Coll.
Law on fish farming, the exercise of fishing law, the fisheries guard, the conservation of marine fisheries resources and the amendment of certain laws (Law on fishing)
Valid
Effective from 01.04.2004
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
HLAVA III
§ 13
§ 13a
§ 13b
§ 13c
HLAVA IV
§ 14
§ 15
§ 16
§ 17
§ 18
HLAVA V
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
HLAVA VI
§ 26
§ 26a
§ 27
§ 28
§ 29
HLAVA VII
§ 30
§ 31
HLAVA VIII
§ 32
§ 33
§ 34
§ 35
ČÁST DRUHÁ
§ 36
ČÁST TŘETÍ
§ 37
ČÁST ČTVRTÁ
§ 38
ČÁST PÁTÁ
§ 39
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99
THE LAW
of 10 February 2004
on fish farming, the exercise of fishing law, the fisheries guard, the conservation of marine fisheries resources and the amendment of certain laws (Law on fishing)
Parliament has decided on this law of the Czech Republic:
FISHERIES, FISHERIES REVENUE, FISHERIES RIGHTS, FISHERIES PROTECTION AND FISHING RESOURCES
INTRODUCTORY PROVISIONS
Subject matter
(1) This Act provides for:
(a) the rearing, protection and fishing of fish, the cultivation and fishing of aquatic organisms and the protection of their life and environment;
(b) fishing, the exercise of fishing rights, the declaration, modification and cancellation of fishing areas and their protection;
(c) the exercise of public administration in the pond industry, the announcement, modification and cancellation of fishing areas and the exercise of fishing law;
(d) the records of the management, the economic result achieved, the fishing on the line and the records of the issue of fishing permits in the pond and the exercise of fishing law;
(e) provisions, demise, jurisdiction and responsibility of the fishing guard;
(f) the exercise of supervision over compliance with the law and decisions rendered on its basis and administrative penalties for failure to comply with or breach of the obligations laid down;
(g) the share of the State in the costs of measures taken in the public interest;
(h) the protection of marine fishery resources.
(2) This law is without prejudice to the protection of fish and aquatic organisms when handling waters under specific legislation. 1)
Definition of terms
For the purposes of this Act:
(a) fish farming, processing, protection and fishing of fish and, where appropriate, aquatic organisms in the pond or in the exercise of fishing law;
(b) fish farming and fishing, where appropriate, of aquatic organisms in a pond or in a special establishment, carried out to ensure the production of fish and fish meat, where appropriate the production of aquatic organisms or the production of fish bodies for ponds or for the disposal of fishing grounds;
(c) a pond of water work, 2) which is a water tank intended primarily for fish farming, in which water levels can be regulated, including the possibility of its discharge and verb; the pond consists of a dam, a tank and other technical equipment,
(d) special facilities for litter, fish hatcheries, ditch ponds, other water tanks or farming facilities;
(e) a part of the surface water body (3), with a surface water area of at least 500 m2 of continuous water area, allowing the life of fish and aquatic organisms, as declared by a decision of the competent authority of the State Administration of Fisheries pursuant to § 19 to 24;
(f) the exercise of fishing law by a legal or natural person authorised by the competent authority of the fisheries administration pursuant to § 19 to 24, consisting of the planned farming, conservation, hunting and conserving of fish and, where appropriate, aquatic organisms and the use of coastal land to the extent necessary;
(g) a closed water body of surface water, 3) which is not freely connected to the presence or outflow, in particular a dead or weaned arm of water flow, a sinkhole, a flooded artificial depth of the terrain, a residual pit after mineral extraction; a water body or part thereof in which a mining or mining activity is carried out shall not be regarded as closed water; 4)
(h) aquatic organism of aquatic animals or aquatic plant which is a source of fish food or is a natural part of the aquatic environment;
(i) by coastal land, land forming the bank of a watercourse or land adjacent to that trough or shore, as well as land forming or adjacent to the shore of closed water;
(j) fishing activities to catch fish or aquatic organisms in a pond or to catch and acquire fish or aquatic organisms in the exercise of fishing rights under the conditions laid down by this law;
(k) a protected fish zone defined by the part of the fishing area in which the exercise of the fishing right is restricted and, where appropriate, excluded in order to create conditions for the rearing and protection of fish or the cultivation and reproduction of aquatic organisms;
(l) by a fishing ticket, the document necessary for the issue of a fishing permit allowing fishing for fish and aquatic organisms in the fishing zones;
(m) a fishing permit authorising a natural person to fish for fish or aquatic organisms in the relevant fishing zone;
(n) a small water tank with a spilt dam, the volume of which is not more than 2 000 000 m3 over the control area and the maximum depth of which does not exceed 9 m;
(o) a fish stock of a group of fish and aquatic organisms consisting of a set of individuals or populations living at a given time in the same aquatic environment;
(p) a set of local living and non-living factors which co-create the local environment of fish and aquatic organisms and fulfil the conditions and requirements characteristic of the occurrence and life of fish and aquatic organisms in the demarcated area;
(q) by a mass-efficient method of fishing for fish and aquatic organisms in a pond using all types of nets, topping, fishing by means of water handling, fishing by means of a different technical gear or fishing in a permanent fishing gear;
(r) selected species of wild boar, candola, head, deer, clover, small sturgeon, carp, lard, upper salmon, sea bass, sole, nose, rainbow trout, trout, sea trout, sea bass, eel, sole and all kinds of sirloin,
s) hydrological order of the shift of flows gradually from the source to the current, from the flow of lower order to the higher,
(t) the protection of marine fisheries resources by the rules on imports of marine fish and marine organisms into the Czech Republic, as well as the exercise of State control over compliance with these rules;
(u) mobile applications of software designed and constructed by or for the user of the fishing area, so that the user of the fishing area, the person responsible for hunting and the control authorities can use them on mobile devices such as smartphones and tablets, or on personal computers.
FISHERIES, FISHERIES REVICE, PROTECTED FISHERIES AREA AND FISHERIES RIGHTS
Fishing
(1) The owner of the pond or the owner of a special establishment or, where applicable, the tenant of the pond shall be entitled to the pond on the basis of a written lease agreement with the owner for the purpose of the pond (hereinafter referred to as the pond keeper).
(2) In a pond, fishing is carried out by a mass-efficient method of hunting or on a hook. The fish may be carried out by a pond seiner or by persons authorised by him.
(3) Fishing may be restricted only if specific legislation so provides. 5)
(4) The fisherman is required to keep a record of the management, of the economic result achieved in the pond, of the fishing for fish on the line and to submit it to the competent authority of the State administration of the fisheries referred to in paragraphs 19 to 24 (hereinafter referred to as the competent fishing authority) no later than 30 April of the following calendar year.
(5) The implementing act lays down details of:
(a) mass-efficient fishing methods for fish and aquatic organisms;
(b) keeping records of the management, the economic result achieved in the pond and the fishing for fish on the line.
Fishing area
(1) The fishing area shall be designated by the competent fishing authority on the water stream, (6) on the pond or on closed water by decision; he is entitled to declare a fishing area only within his territorial jurisdiction. In case of doubt as to whether the water is closed, the competent fisheries authority shall decide.
(2) When announcing the fishing area, the competent fisheries authority shall base the conditions for rearing and promoting fish life.
(3) The fishing area is declared
(a) at the request of the owner of the pond,
(b) at the request of the owner of the land on which the closed water is situated; where there are more than one owner or co-owner of such real estate, the competent fishing authority shall declare the fishing area at the request of all owners or of all co-owners or persons authorised by all owners or all co-owners to apply for the publication of the fishing area or at the request of the charterer of the said real estate, if the applicant proves that he has entered into a rental relationship in writing for the purpose of exercising the fishing right to that property with the owner or all owners or all co-owners of that real estate,
(c) on the initiative of the competent fishing authority on the watercourse or on closed water situated on the land of the owners or co-owners referred to in point (b), in the event that the owners or co-owners have not agreed to submit an application for a declaration of the fishing area, within 30 days of receipt of the request by the competent fishing authority to conclude such an agreement; the administrative procedure is not initiated by this invitation.
(4) The Ministry of Agriculture (hereinafter referred to as "the Ministry"), at the request of the competent fishing authority, shall assign the number of the fishing area to the fishing area declared.
(5) In addition to the general administrative requirements, the decision to declare a fishing area shall specify the name of the fishing area, the number of the fishing area, the area of the water area and the location of the fishing area, whether it is a trout or non-trout area. The decision to declare a fishing area on the water stream shall also indicate the number of hydrological order and indication of river kilometres derived from the base map of the Czech Republic on the scale 1: 50 000. The decision to declare a fishing area or, where appropriate, a decision to declare a protected fish area shall define the boundaries of the relevant fishing area or a protected fish area, while at the same time imposing an obligation on the person authorised to exercise the fishing right under Paragraph 9 (hereinafter referred to as "user of the fishing area ') to mark those boundaries and the manner in which they are designated in nature.
(6) The competent fishing authority may amend the decision to declare the fishing area if the conditions applicable to the declaration of the relevant fishery area are changed or if the conditions applicable to the farming and promotion of the life of the fish in the relevant fishery area change. A modification of the decision may be made on the initiative of the competent fishing authority or at the request of the user of the relevant fishing area or owner of the pond or land on which the closed water is situated. The provisions of paragraphs 1 to 3 shall apply to the announcement of any amendments to the decision to declare a fishing area or to the decision to abolish a fishing area.
(7) The competent fishing authority shall decide to abolish the fishing area:
(a) on its own initiative;
1. if the area of the continuous water area in the fishing area falls below 500 m2; or
2. if the conditions for rearing or promoting the life of fish in the fishing zone cease,
(b) at the request of the persons referred to in paragraph 3 (a) or (b).
(8) The decision to declare the fishing area referred to in paragraph 3 (c), the decision to amend the decision to declare the fishing area and the decision to abolish the fishing area shall be delivered by means of a public decree ensuring that the decision is suspended for 30 days on the official plate of the regional authority of the region in which the fishing area is situated; If a fishing area is located in several regions, the decision shall be posted on the official boards of all regional authorities of the regions in which the fishing area is located. If a decision is posted on an official record by several regional offices, the date of service of the last day of that period shall be at the latest for the decision given.
(9) The same copy of the decision to declare a fishing area or the decision to amend the decision to declare a fishing area or the decision to abolish a fishing area issued in accordance with paragraphs 1, 6 or 7 shall be sent by the competent fishing authority to the Ministry within 15 days of the date of acquisition of its legal power.
(10) The rental of the fishing area shall be prohibited. The delegation of a lower organisational component of the operator of the fishing area to perform certain activities related to the exercise of the fishing right by that person shall not be regarded as subletting.
(11) The detailed rules for the establishment of the fishing area, the delimitation of the boundaries of the fishing area or the protected fish area and the manner in which they are designated in nature shall be laid down in implementing legislation.
Protected Fish Area
(1) The competent fishing authority, after consulting the user of the fishing area, may, by decision, declare part of the relevant fishing area or, where appropriate, the whole fishing area as a protected area, specifying in the decision which fish or aquatic organisms are to be protected; lay down the resources and the way in which such fish and, where appropriate, aquatic organisms are planted and the conditions for their rearing and fishing in the relevant fisheries area.
(2) Fishing for fish or aquatic organisms may be restricted or prohibited in the protected area.
(3) The detailed arrangements for the declaration, modification and cancellation of protected fish areas and details of the subject matter of the protection, the source, the manner and place of introduction of fish and aquatic organisms referred to in paragraph 1 shall be laid down in the implementing legislation.
Exercise of the fishing right
(1) Fishing law may only be exercised in the fishing zone. The user of the fishing area shall not be entitled to allow another person to exercise the fishing right.
(2) The exercise of the fishing right shall be authorised for a period of 10 years by the competent fishing authority to the person who fulfils the conditions for the proper exercise of the fishing right laid down by this Law (Paragraph 8 (5)); the authorisation to exercise the fishing right shall be subject to an administrative fee. 7)
(3) The person authorised to submit an application for authorisation to exercise a fishing right (the applicant) is:
(a) in the fishing zone declared under Article 4 (3) (a) and (b)
1. owner of the pond,
2. the owner of the land on which the closed water is situated;
3. a person authorised by all owners or by all joint owners to submit an application for authorisation to exercise the fishing right on their behalf, if the owners or co-owners of the property referred to in Article 4 (3) (b) are more than one;
4. the lessee of a property on which a fishing area is declared in accordance with Article 4 (3) (a) or (b), if he proves that he has entered into a rental relationship for the purpose of exercising the fishing right with the owner or all owners or all joint owners of the property referred to in point 1 or 2;
(b) in the fishing area declared pursuant to Article 4 (3) (c)
1. a citizen of the Czech Republic or a natural person residing on the territory of the Czech Republic;
2. a legal person having its registered office in the Czech Republic;
3. a citizen of the European Union or a legal person established in the European Union.
(4) If all owners or co-owners of the property referred to in Article 4 (3) (b) fail to assess whether a person is authorised to exercise the fishing right within 30 days of the receipt of the request from the competent fishing authority to conclude such an agreement, the competent fishing authority shall decide on the authorisation to exercise the fishing right in the selection procedure (§ 9 (2)).
Enforcement of fishing law in border waters
The exercise of fishing law in frontier water8) is subject to the legislation contained in the relevant international treaty, which the Czech Republic is bound by and which has been declared in the Collection of Laws and International Treaties or in a previous similar collection; If this Treaty does not provide for the exercise of fishing rights, the relevant provisions of this Law shall apply.
Procedure for authorising the exercise of the fishing right
(1) The application for authorisation to exercise the fishing right (hereinafter referred to as "the application") shall contain the following particulars:
(a) the designation and number of the fishing area;
(b) the name, surname, date of birth, permanent residence, signature of the applicant, if any,
(c) the company or name of the legal person, its registered office, the identification number of the person, the name, surname and signature of the statutory authority of the applicant, if any;
(d) the proposal of persons who fulfil the conditions for the performance of the duties of the fishing operator and his agent;
(e) a proposal for the management of the relevant fisheries area;
(f) the name, surname, date of birth and permanent residence of persons proposed as fishermen and their agent;
(g) proof of integrity;
(h) an assessment of the potential for environmental risks associated with the management of the relevant fisheries area, including a proposal to address them;
(i) the applicant's proposal to deal with the original user of the fishing area;
(j) the date of submission of the application.
(2) The competent fishing authority which decides to authorise the exercise of the fishing right shall require, in accordance with the specific legislation of paragraph 1 (g), an extract from the Register of Penalties to be verified. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. A natural person who is not a national citizen of the Czech Republic is required to submit, in order to fulfil the condition of integrity, a document corresponding to the extract from the record of the Register of Penalties issued by the State of which he is a citizen, as well as the corresponding documents issued by the States in which he has remained for more than 3 months in the last 3 years and which may not be older than 3 months. If the applicant is a legal person, proof of integrity shall be provided with a member of the statutory body of a legal person authorised to act for that person.
(3) The legal person shall also accompany the application with a document certifying its registration by the competent authority.
(4) Where the applicant is a person authorised by all owners or by all co-owners of a pond or land on which closed water is declared, the application for authorisation for the exercise of fishing rights shall be accompanied by an agreement on behalf of all owners or of all co-owners of the said property as authorising the application for authorisation for the exercise of fishing rights on his behalf.
(5) If the applicant is a tenant of a pond or land on which closed water is situated, he shall provide proof that he has entered into a lease relationship with that property for the purpose of exercising fishing rights with the owner or all owners or all joint owners.
(6) Where a decision authorising the exercise of a fishing right also applies to the introduction of non-originating species, the competent fisheries authority shall request a binding opinion from the nature conservation authority on the application.
(7) The competent fishing authority shall authorise the exercise of the fishing right to an applicant who:
(a) has reached the age of 18;
(b) is fully eligible for legal action;
(c) demonstrate its integrity (paragraph 2);
(d) propose the persons eligible for the functions of the fisherman and his agent;
(e) be capable of ensuring the necessary level of care for the relevant fishing area;
(f) undertake to make available the relevant fishing area to other holders of fishing allowances;
(g) provide an assessment of the potential for environmental risks related to the management of the relevant fisheries area, including a proposal to address them;
(h) submit a proposal for a management method in the relevant fisheries area;
(i) undertake to deal with the original user of the fishing area.
(8) He who has been authorised to exercise the fishing right must deal with the previous user of the fishing area within the scope laid down in the implementing legislation.
(1) Where a person referred to in Article 6 (3) (a) requests the exercise of a fishing right in a fishing area declared in accordance with Article 4 (3) (a) or (b), the fishing authority concerned shall, by decision, authorise that person to exercise the fishing right.
(2) Where an applicant or several applicants, including co-owners of real estate referred to in Article 4 (3) (b), who have not agreed to appoint a person to submit an application for authorisation to exercise a fishing right (Article 6 (4)), the competent fisheries authority shall authorise the exercise of the fishing right on the basis of a selection procedure to the applicant who best fulfils the conditions for authorisation to exercise the fishing right and, in the territory of the national parks, best meets the conditions corresponding to their mission. The administrative rules shall not apply to such proceedings.
(3) The selection procedure shall be issued by the competent fishing authority no later than 30 days before the date of the exercise of the fishing right. The competent fisheries authority shall ensure that a selection procedure is drawn up, specifying the conditions for authorising the exercise of the fishing right on the official plate of the regional authority and on the website of the region within whose jurisdiction the fishing area is situated.
(4) The participants in the selection procedure referred to in paragraph 2 shall be the persons who submitted an application for a tender for the authorisation of the exercise of the fishing right and the water-toge.6) The application for a selection procedure shall contain the particulars of the application for authorisation to exercise the fishing right referred to in Section 8 (1).
(5) Where the fishing authority responsible for authorising the exercise of the fishing right is a region, it shall take into account the opinion of at least three members of the Commission appointed by the county supervisor when selecting the fishing area user.
(6) Where the fishing authority responsible for authorising the exercise of fishing rights is the Ministry, the opinion of the Commission appointed by the Minister for Agriculture shall be taken into account in the selection of the user of the fishing area.
(7) Where the fishing authority responsible for authorising the exercise of fishing rights is the Ministry of the Environment, the opinion of the Commission appointed by the Minister for the Environment shall be taken into account when selecting the user of the fishing area.
(8) Where the fishing authority responsible for authorising the exercise of the fishing right is the Ministry of Defence, the opinion of at least three members of the committee appointed by the Minister of Defence shall be taken into account when selecting the user of the fishing area.
(9) If the fishing authority is not competent to authorise the exercise of fishing rights by the Ministry of Environment in the selection procedure, the conditions in the notification of the authorisation of the exercise of fishing rights concerning the introduction of non-native species shall be determined by the competent fishing authority in agreement with the nature conservation authority.
(10) The result of the selection procedure referred to in paragraph 2 shall be notified in writing by the competent fishing authority within 15 days of the end of the selection procedure to all tenderers.
(11) Any objection to the outcome of the selection procedure referred to in paragraph 2 may be made in writing by the tenderer within 15 days of receipt of the notification referred to in paragraph 10.
(12) The competent fishing authority shall inform the tenderer authorised to exercise the fishing right of opposition.
(13) Where the competent fishing authority is a region in the selection procedure, the competent county captain shall decide on such objections. Where the competent fisheries authority is the Ministry, the Ministry of Environment or the Ministry of Defence in the selection procedure, the competent minister shall decide on the objections. The objection shall be decided upon within 60 days of its delivery to the authority which authorised the exercise of the fishing right. The administrative rules shall not apply to the opposition proceedings against the outcome of the selection procedure.
(14) If the opposition fails, the authority authorised to decide on the objections referred to in paragraph 13 shall confirm the outcome of the selection procedure. If the objection is accepted, that authority shall cancel the outcome of the selection procedure and issue a new selection procedure.
(15) The competent fishing authority may amend the decision authorising the exercise of the fishing right issued pursuant to paragraph 1 if the conditions set out in the decision authorising the exercise of the fishing right change.
(16) The same copy of the decision authorising the exercise of a fishing right issued pursuant to paragraph 1, or a copy of the decision amending the decision authorising the exercise of a fishing right issued pursuant to paragraph 15, or a copy of the decision withdrawing the exercise of a fishing right issued pursuant to paragraph 10, shall be sent by the competent fishing authority to the Ministry within 15 days of the date of acquisition of its legal power; a copy of the notification of authorisation for the exercise of the fishing right issued pursuant to paragraph 2 shall be sent by the competent fishing authority to the Ministry after 35 days from the date of completion of the selection procedure.
Withdrawal and cessation of fishing law
(1) The competent fisheries authority shall withdraw the authorisation to exercise the fishing right by its decision:
(a) if he finds that the user of the fishing area is seriously in breach of his obligations, in particular the conditions for authorising the exercise of the fishing right under which he has been authorised to exercise the fishing right;
(b) if it is subsequently shown that the user of the fishing area did not fulfil the conditions for participating in the selection procedure or the conditions for authorising the exercise of the fishing right,
(c) if the ownership or rental relationship of a person to the pond or the land on which the closed water is situated ends;
(d) if the pond or the watercourse or the closed water on which the fishing area has been declared ceases;
(e) at the request of the user of the fishing area;
(f) at the request of the owner of the pond or of the owner or of all owners or of all co-owners of the land on which the closed water is situated.
(2) The exercise of the fishing right shall cease to exist if the natural person or the legal person authorised to exercise the fishing right dies without a legal successor.
Management in the fishing area
(1) The competent fishing authority shall, in the decision or notification of the authorisation to exercise the fishing right for each fishing area:
(a) the fishing operator and his agent;
(b) the farming method, ensuring that the original fish stock is maintained and developed;
(c) the stocking procedure by species, number and age categories of fish planted;
(d) the maximum number of fishing allowances issued.
(2) By decision of the competent fisheries authority, in the event of a finding of overpopulation or weakening of the stock of the species concerned, by reason of the implementation of measures to control non-originating species or cross-species or measures to eliminate, isolate or regulate invasive non-originating species having a significant impact on the European Union, which has been included in the Union list ("invasive non-indigenous species'), a derogation from the generally established fishing rates for each species, from the generally established periods of their defence and from the general fishing methods laid down.
(3) The user of the fishing area shall be responsible for the fact that fish farming and fishing, where appropriate, the cultivation and fishing of aquatic organisms in the fishing area is carried out in accordance with this law and its implementing legislation.
(4) The operator of the fishing area shall be obliged to manage in a manner established by the competent fisheries authority and in accordance with the conditions and economic indicators under which the exercise of the fishing right has been authorised.
(5) The user of the fishing area shall immediately instruct the fishermen to keep records of the management, the economic result achieved and the record of the issue of fishing permits in the fishing area.
(6) The fisherman shall keep a record of the management referred to in paragraph 5 and submit it on request to the competent fisheries authority.
(7) The record of the fishing area management and the economic result achieved over the previous calendar year is required to be submitted to the competent fishing authority by 30 April of the following calendar year.
(8) The user of the fishing area, the fisherman and his agent, the holder of the fishing allowance and the fishing guard may, in the exercise of the fishing right, enter coastal areas unless they are prohibited for reasons of general interest; However, they are obliged to make good the damage they cause.
(9) The owner or user of the coastal parcel shall bear the marking of the fishing area or, where appropriate, the protected fish area.
(10) The implementing act lays down details
(a) to assess the assumptions for the performance of the duties of the fisheries operator and his agent;
(b) for the identification of fisheries organisations and schools where the fishing industry is a compulsory subject of instruction and which may be entrusted with the organisation of trials on fisheries operators and their representatives;
(c) to determine the management method with regard to the conservation and development of the original fish stock, the restocking process, the setting of the maximum number of fishing allowances issued, as well as the determination of the reasonable exemptions from the generally established fishing rates for each species and the generally established periods of their conservation (paragraphs 1 and 2);
(d) the method of keeping records of the management and the economic result achieved in the fisheries sector;
(e) the means of identifying the boundaries of the fishing area or, where appropriate, the boundaries of the protected fish zone.
Protection of pond farming and exercise of fishing law
(1) Fishing and the exercise of fishing rights must not be contrary to specific legislation.1)
(2) The obligations of the owner of the pond and other water works in the field of water care, conservation and conservation laid down by special legislation9) are not affected by this law.
(3) The State may grant funds to cover the costs of measures of public interest, in particular for aid:
(a) out-of-production functions of ponds and small water tanks;
(b) restoration and maintenance of native species of fish providing natural diversity;
(c) construction and reconstruction of special facilities;
(d) the construction of fish transitions.
(4) The State shall provide funds for measures of public interest to pond keepers, watercourses managers, waterworks owners or users of fishing areas; there is no legal claim on the funds.
(5) The binding rules on the granting of financial contributions and the way in which they are used are laid down by the Government by regulation.
(6) The Government of the Member States provides for selected non-indigenous species for which no authorisation is required for the deliberate distribution of non-indigenous species to the landscape under the Nature Conservation and Lands10 Act. The deployment of selected non-native species shall comply with the applicable decision or notice of authorisation for the exercise of the fishing right. In the case of the inclusion of any of the selected non-indigenous species as invasive non-indigenous species on the Union list, the nature and landscape conservation law shall be followed.
(7) A fisherman and a user of a fishing area is obliged to operate in such a way as to avoid deterioration in the quality of water11) and not to infringe the legitimate interests of other persons.
(8) The fisherman and user of the fishing area is obliged to operate in such a way as not to endanger the fish stock, the restocking of the fishing area and the pond directly linked to the fishing area.
(9) The person handling surface water shall not interfere with the protection of fish and aquatic organisms or their sources of food. Everyone must act in such a way that there is no unnecessary risk, injury or interference of fish and aquatic organisms and damage to their living conditions.
(10) It shall be prohibited to damage or destroy fishing gear or parts thereof, or equipment intended for their protection, labelling or equipment.
(11) The person responsible for the damage caused to the fish stock in the fishing area or in the pond or in the special facilities. The user of the fishing area or pond is entitled to recover the damage.
(12) The owner or user of the land flooded during the flood is not entitled to fish on that land and must not take measures to prevent the fish from returning to the fishing area. If the user of the fishing area has not taken measures to rescue such fish within 7 days of the drop of water, the owner or, where appropriate, the user of the land on which the water is left shall be entitled to retain the fish. The user of the fishing area shall immediately remove dead fish from the flooded plot.
LOV
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
HLAVA III
§ 13
§ 13a
§ 13b
§ 13c
HLAVA IV
§ 14
§ 15
§ 16
§ 17
§ 18
HLAVA V
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
HLAVA VI
§ 26
§ 26a
§ 27
§ 28
§ 29
HLAVA VII
§ 30
§ 31
HLAVA VIII
§ 32
§ 33
§ 34
§ 35
ČÁST DRUHÁ
§ 36
ČÁST TŘETÍ
§ 37
ČÁST ČTVRTÁ
§ 38
ČÁST PÁTÁ
§ 39
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Regulation Information
| Citation | Act No. 99 / 2004 Coll., on Pond, Enforcement of Fishing Law, Fisheries Guard, Conservation of Marine Fishery Resources and amending certain laws (Law on Fisheries) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.2004 |
|---|---|
| Effective from | 01.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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