Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson. ______________________________________________________________________________________________ Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of: 1 October 1997; 29 October 1999; 17 February 2000; 18 January 2001; 19 June 2003; 30 October 2003; 30 September 2004; 26 May 2005. If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause. The Saeima1 has adopted and the President has proclaimed the following Law: Fishery Law Chapter I General Provisions Section 1. Terms Used in this Law The terms used in this Law are as follows: 1) fish – all species of fish and, within the meaning of this law, crayfish and other aquatic invertebrates, and lampreys; 2) aquatic plants – that part of aquatic biological resources directly related to fish food resources, natural spawning of fish and the natural purification process of water. In this Law, the same norms as are applicable to fish are applicable to aquatic plants; 3) fish resources – all fish found in the inland waters and territorial marine waters of the Republic of Latvia, as well as all fish within the waters of the economic zone of the Republic of Latvia where the Republic of Latvia has sovereign rights to catch, utilise, research, conserve and propagate such fish resources. Such Republic of Latvia rights in the waters of other Member States of the European Union, waters of third countries and international waters shall be determined by European Union legislation and international agreements entered into by the Republic of Latvia; 4) fishing – activity for the purpose of catching fish while utilising fishing gear and methods; 5) fisherman – a natural person directly engaged in fishing, that is, who operates fishing gear, or a legal person in whose name and at whose direction the fishing is performed. 1 The Parliament of the Republic of Latvia Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 6) towpath – a strip of land along a shoreline intended for activities in connection with fishing or shipping and pedestrians; 7) amateur fishing – angling and underwater hunting – activities performed for the purposes of recreation or sport in order to catch fish with angling equipment without the right to sell or place on the market fish acquired fishing; 8) industrial fishing – activities for the purpose of catching fish, utilising industrial fishing gear; 9) commercial fishing – industrial fishing whereby a fisherman has the right to utilise a fishing limit (number, type of industrial fishing gear and volume of catch), which exceeds the limits specified for personal consumption specified in the relevant industrial fishing regulations, with the right to sell or place on the market fish acquired fishing; and 10) personal consumption – industrial fishing whereby a fisherman has the right to utilise a fishing limit (number, type of industrial fishing gear and volume of catch), which is indicated in the relevant industrial fishing regulations without the right to sell or place on the market fish acquired fishing. [19 June 2003; 30 September 2004] Section 2. Application of this Law (1) This Law regulates the catching, utilisation, research, conservation, enhancement and monitoring of fish resources in inland waters, territorial marine waters (hereinafter –territorial waters) and economic zone waters of the Republic of Latvia. (2) Catching of fish resources in the waters of other Member States of the European Union and international waters in which the Republic of Latvia has been allocated a catch quota, or in the waters of third countries with which Latvia has entered into agreements in the field of fisheries, shall be regulated by relevant European Union legislation and international agreements which the Republic of Latvia has entered into. [17 February 2000; 30 September 2004] Section 3. Management of Fish Resources Fish resources in the inland waters and in territorial waters of the Republic of Latvia shall be managed by the State. The State has the sovereign right to catch, utilise, research, conserve, enhance and monitor the fish resources in the economic zone waters of the Republic of Latvia, but the rights of other Member States of the European Union in these waters shall be specified in relevant European Union legislation. [18 October 2001; 30 September 2004; 26 May 2005] Section 4. Utilisation of Fish Resources (1) Fish resources of the inland waters of the Republic of Latvia shall be utilised in accordance with the regulatory enactments of Latvia. In territorial waters, economic zone waters and waters traversed by the State border, the fish resources shall be utilised in accordance with the regulatory enactments of Latvia, European Union legislation and international agreements entered into by the Republic of Latvia. (2) Property rights to fish, which are caught utilising fish resources, shall be determined in accordance with the Civil Law, as well as observing the fishing rights specified for Member Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 2 States of the European Union in European Union legislation. (3) Fish, which have been raised and caught in specialised fish farms and artificial propagation farms and companies, shall belong to the relevant legal or natural persons. [18 October 2001; 30 September 2004] Chapter II Management of Fish Resources and Fishing [18 October 2001] Section 5. Principles of Fish Resource Management (1) The principles of fish resource management include managing and utilising fish resources on the basis of survey and expert evaluation thereof, and scientific recommendations. (2) Surveys, assessment, preparation of scientific recommendations and fishery expertexaminations shall, pursuant to the request of the State or a legal person and a natural person, be performed by the State agency “Latvijas Zivju resursu aģentūra” [Latvian Fish Resources Agency] (hereinafter – Latvian Fish Resources Agency) or other legal persons whose by-laws provide for activity oriented thereto and whose research results and opinions shall be evaluated by the Latvian Fish Resources Agency. (3) The State, represented by the National Board of Fisheries of the Ministry of Agriculture (hereinafter – the Board of Fisheries), shall implement fisheries sector policy, participate in the development of sector legislation and manage the fish resources of the inland waters, territorial waters and economic zone waters of the Republic of Latvia. (4) The Board of Fisheries, in accordance with procedures determined by the Cabinet, may assign to local governments the management of fish resources in waters located within the administrative territory of such local governments or adjacent to it. (5) The management of fish resources in waters which are located within the administrative territories of several local governments or which border on them shall be carried out in accordance with agreements between such local governments if management of the relevant water resources has been assigned to the local governments. [18 October 2001; 19 June 2003; 26 May 2005] Section 6. Fishing Rights (1) In respect of fishing rights the waters of the Republic of Latvia are categorised as follows: 1) public waters (Annex 1 of the Civil Law) which are owned by the State and the fishing rights regarding which belong to the State, except for the fishing rights in public rivers set out in Paragraph four of this Section; 2) waters for which the fishing rights belong to the State (Annexes 2 and 3 of the Civil Law), including those waters to which Annexes 1, 2 and 3 of the Civil Law do not apply, but which are also not in private ownership; and 3) private waters, to which Annexes 2 and 3 of the Civil Law do not apply and regarding which the fishing rights belong to the owners of the waters and shall be utilised in accordance with regulatory enactments in force. (2) Within the economic zone waters of the Republic of Latvia, as well as in the waters of other Member States of the European Union, waters of third countries and in international waters in which the Republic of Latvia has been allocated a catch quota in conformity with decisions of Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 3 international fisheries organisations or in accordance with European Union legislation and international agreements, the fishing rights in the amount of the quota allocated belong to the Republic of Latvia. The fishing rights of other Member States of the European Union in the economic zone waters of the Republic of Latvia shall be specified in the relevant European Union legislation (3) In the territorial waters of the Republic of Latvia fishing rights belong to the Republic of Latvia and such rights shall be used in accordance with regulatory enactments in force. (4) Fishing rights in public rivers belong to each owner of land on the shore, in that part of the waters along the boundary of the property of the owner closer to their land than the land of another owner, and shall be used in accordance with regulatory enactments in force. (5) Fishing rights in private waters (except in regard to those mentioned in Annexes 2 and 3 of the Civil Law) belong to the owners of the waters, and such rights shall be used in accordance with regulatory enactments in force. (6) The commercial fishing rights mentioned in this Section may be used if the catch limit is unused, that part of the limit of fishing gear as relates to commercial fishing is unrestricted, or there are unrestricted commercial fishing locations, in the relevant waters or part of them. (7) Amateur fishing – angling – rights shall be used in accordance with Section 10 of this Law. [17 February 2000; 30 September 2004] Section 7. Transfer of Fishing Rights (1) The Board of Fisheries, in accordance with procedures specified by regulatory enactments regulating fishery, may transfer to a local government the fishing rights belonging to the State for waters where fish resources are managed by the relevant local government. (2) State and local government authorities, which have fishing rights, may transfer (lease) them in accordance with procedures specified by regulatory enactments regulating fishery to such persons as who perform self-consumption fishing or who have obtained a special permit (licence) for commercial activities in fishery in the relevant waters. The Cabinet shall issue regulations regarding the procedures by which special permits (licences) for commercial activities in fishery shall be issued (3) Owners of private waters may transfer their fishing rights to other legal or natural persons, on the basis of an appropriate authorisation or lease agreement. (4) Fishing rights in bodies of water may be leased separately or may be incorporated in a lease regarding a body of water if fishing is provided for in the lease. Provisions regarding the exploitation of a body of water, which shall be an integral component of a lease agreement regarding a body of water, shall reflect all matters connected with fishing and other economic activity, and protection and renewal of the environment and fish resources. In leasing public rivers (sections of rivers) and public lakes, the possibility of amateur fishing – angling must be provided for. (5) Procedures for leasing bodies of water and the leasing and exercising of fishing rights shall be determined by the Cabinet. (6) In leasing fishing rights, preference shall be given to such commercial companies or individual merchants who operate in the relevant local government territory, are associated with commercial fishing or are engaged in restocking and enhancement of fish resources, have complied with the provisions of a previously entered into agreement, and have complied with regulations regulating fishing. The other fishing rights shall be leased for personal consumption fishing, and in relation to this part of the fishing limits preference shall be given to persons whose Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 4 declared place of residence is in the territory of the relevant local government or who owns immovable property in the territory of the relevant local government. (7) The leased fishing rights shall not be transferred to other legal or natural persons. (8) The Board of Fisheries shall approve the form of agreement for a lease of fishing rights. [1 October 1997; 18 October 2001; 30 September 2004; 26 May 2005] Section 8. Suspension of the Exercising of Leased Fishing Rights (1) The exercising of leased fishing rights may be suspended, if: 1) the lessee of fishing rights does not fulfil the provisions of the agreement; 2) the lessee of fishing rights violates regulatory enactments in force, which regulate fishing; 3) the lessee of fishing rights violates the provisions of Section 7, Paragraph seven of this Law; or 4) a finding of the Ministry of Environment, or a recommendation of the Latvian Fish Resources Agency, provides for the suspension of the exercising of fishing rights. (2) If the lessor and the lessee are not able to agree on the conditions for suspending the leasing agreement, the exercising of fishing rights in the cases mentioned in Paragraph one, Clauses 1 and 2 of this Section shall be suspended on the basis of a court judgment. (3) The utilisation of fishing rights, in the cases referred to in Paragraph one, Clauses 3 and 4 of this Section, shall be suspended by a unilateral decision of the Board of Fisheries or the relevant local government pursuant to the recommendation of the Ministry of Environment or the State Environment Service, and this decision shall come into effect according to the procedures specified in the Administrative Procedure Law. A submission or application regarding the dispute or appeal of a decision shall not suspend the operation thereof. [1 October 1997; 17 February 2000; 19 June 2003; 30 September 2004; 26 May 2005] Section 9. Towpath (1) A towpath shall be determined along the shores of waters for fishing or shipping and other related activities. A towpath is not required to be determined if the private waters in their entirety and the portion of dry land adjacent to them belong to one and the same owner and fishing rights in such waters do not belong to the State. (2) Special signs shall demarcate the towpath along the seacoast, and in land ownership plans, it shall be designated as a restriction of the right to use. (3) Along rivers and lakes the towpath is not required to be demarcated with special signs; in land property plans it shall be designated as a restriction of the right to use. (4) The towpath along artificially constructed canals, hydrotechnic structures and other structures on the water (an artificially constructed towpath) shall be determined in accordance with plans regarding such structures. It shall be maintained and managed by the relevant owners (users). (5) Coastal landowners have the right to use a towpath insofar as such rights are not restricted by this Law, other laws and regulatory enactments. (6) The use of a towpath free of charge without prior co-ordination with the owner of the land shall be provided for: 1) pedestrians; 2) the monitoring and research of fish resources and waters; 3) the guarding of borders; and Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 5 4) the performing of environmental protection, fire safety and rescue measures. (7) After co-ordination with the owner of the land at the towpath it is permitted: 1) to moor boats and ships (except boats and ships of the fishing supervisory services if they are utilised for the fulfilment of service duties), unload their cargo and store it temporarily; 2) to winter, construct and repair boats and ships; 3) to set up fishing camps and to engage in recreation, drying of fishing equipment, and other activities related to fishing; and 4) to install a water tourist camp. (8) The activities mentioned in Paragraphs six and seven of this Section may be engaged in, provided environmental protection norms are complied with, but – in respect of water bodies at borders - also the requirements of the regime regarding State borders. (9) The width of a natural towpath shall be: 1) along the shores of private waters – 4 metres; 2) along the shores of other waters –10 metres; and 3) along the seacoast – 20 metres. (10) The Board of Fisheries in respect of fishing requirements, and the Maritime Department of the Ministry of Transport in respect of shipping requirements, may also determine a narrower or wider towpath, however, it may not exceed 40 metres. (11) The width of an artificially constructed towpath shall be specified in the relevant construction plan. (12) The width of a towpath shall be measured: 1) along gradually sloping shores of rivers and lakes, from the normal waterline; 2) along steep shores of rivers and lakes, from the upper edge of the shore slope, and in addition the land from the water level up to the shore slope and the slope itself shall be included in the width of the towpath; and 3) along the seacoast, from the place reached by the highest waves of the sea. (13) In coastal cities or heavily populated areas, for fishing and shipping (if such is permitted there) the towpath shall be used in compliance with the same provisions as in unpopulated areas; but if buildings have been constructed on the shore to the degree that it is not possible to utilise the full width prescribed in Paragraph nine of this Section, a towpath shall be left along the shore wide enough to ensure convenient driving along the shore, evaluating, if necessary, each specific structure separately. (14) In individual cases, when artificial shorelines are constructed in cities and heavily populated areas, it is the duty of the relevant local government to construct, in lieu of a towpath, berths of suitable length and width for the requirements of fishing (if such is permitted there) and shipping (if such is permitted there) in conveniently accessible areas and near access roads, and to maintain them in good condition and suitable for use. (15) If the waterline changes naturally, the towpath shall also change in conformity with the new waterline. In cases where the riverbed is changed by artificial regulatory work, if necessary, the parcels of land for the new river beds and the towpath shall be transferred on a general basis in accordance with norms for compulsory transfer of immovable property. (16) The provisions of this Section shall not apply to a port territory whose boundaries have been determined in accordance with Section 3 of the Law on Ports. [1 October 1997; 17 February 2000; 18 October 2001; 19 June 2003; 30 September 2004] Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 6 Chapter III Fishing Section 10. Amateur Fishing - Angling (1) Each inhabitant of the Republic of Latvia has the right to engage in amateur fishing – angling – in all waters of the Republic of Latvia, if amateur fishing – angling – is not prohibited therein, with the exception of lakes which are privately owned or are located within the boundary of the land parcel of a land owner and in which fishing rights do not belong to the State. Appropriate signs shall be displayed at such waters. (2) If a catch or fishing gear limit is provided for in specific waters or a part thereof permanently or for a period of time in regard to amateur fishing – angling – for especially valuable fish species, fishing rights may be used in accordance with fishing permits (licences) for a fee or be acquired by tendering procedures, in compliance with by-laws regarding amateur fishing – angling – in the specific bodies of water and which have been formulated in accordance with Cabinet regulations regarding general procedures applicable to licensed amateur fishing – angling – in the waters of the Republic of Latvia. (3) Amateur fishing – angling and underwater hunting – shall be performed in accordance with angling regulations and other regulatory norms with respect to amateur fishing – angling. If a local government has been given supervision of fish resources in waters, which are located in the administrative territory of such local government, it shall issue licensed amateur fishing – angling – binding regulations regarding waters where utilisation of fishing rights has been specified with special fishing permits (licences). (4) The provisions in this Section do not apply to waters, which are used only for specialised fish farming or artificial propagation of fish. (5) Foreign natural persons may angle in waters of the Republic of Latvia in accordance with amateur fishing – angling – regulations and other amateur fishing – angling – regulatory norms. [1 October 1997; 18 October 2001; 19 June 2003; 26 May 2005] Section 11. Industrial Fishing (1) Legal persons and natural persons of the Republic of Latvia shall acquire the right to engage in industrial fishing in the waters of the Republic of Latvia (if industrial fishing is permitted therein) on the basis of a fishing rights leasing agreement with the manager of the fish resources of such waters and by obtaining a fishing permit (licence), or without entering into a fishing rights leasing agreement, if the fishing is performed in accordance with Cabinet regulations regarding licensed commercial fishing and regulations regarding the exercising of fishing rights in private waters. The right of other Member States of the European Union provided for in European Union legislation to engage in industrial fishing in the waters of the economic zone of the Republic of Latvia, legal persons and natural persons of such states shall acquire such right in conformity with the requirements of the regulatory enactments of the relevant Member State of the European Union. (2) Priority for receiving a fishing permit (licence) shall be given to such commercial companies or individual merchants who operate in the relevant local government territory and are associated with commercial fishing, as well as to those residents of the relevant local government engaged in personal fishing if the commercial company, individual merchant or the resident of the relevant local government have complied with regulations regulating fishing. Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 7 (3) A fishing permit (licence) shall be issued by the Nature Protection Board, the Marine Environment Administration and the regional environmental boards in conformity with the limits allocated and co-ordinated with the Ministry of Environment by the Board of Fisheries, indicating the quantity of fishing gear and its type or the amount of catch. (4) The total allowable catch in the inland waters of the Republic of Latvia shall be specified in accordance with scientifically based recommendations, but in territorial waters and economic zone waters – also on the basis of European Union legislation and recommendations of international fisheries organisations. The total allowable catch in the territorial waters and economic zone waters of the Republic of Latvia shall be divided into coastal fishing and offshore fishing, ensuring the preservation of the coastal fishing possibilities referred to in European Union legislation and allocating the volume of catch in coastal fishing (falling within the total allowable catch specified for the Republic of Latvia), which is not less than the volume of catch allocated for coastal fishing the previous year, but for cod fishing it shall not be less than three per cent and for Baltic herring in the Baltic Sea – four per cent of the total allowable catch specified for the Republic of Latvia. (5) Legal persons and natural persons with fishing rights specified or leased according to the Civil Law shall be allocated a fishing limit, which in conformity with the total allowable catch may be specified as the volume of the catch, number of fishing vessels or quantity of fishing gear and its type and, if necessary, as the number of fishing periods or fishing days. (6) If the allowable catch, the amount of fishing gear or the number of commercial fishing locations are not adequate in the relevant waters or a portion of them for ensuring the exercising of fishing rights for legal or natural persons as are provided for by the Civil Law or by lease, as well as to satisfy requests submitted by legal or natural persons to enter into lease agreements for fishing rights, an auction for fishing rights leases or fishing permits (licences) may be organised. (7) An auction may be organised either for legal or natural persons, to which, in accordance with Paragraph six of Section 7 of this Law, priority is to be given for fishing in the relevant waters or a portion of them (closed auction), or for all interested parties (open auction) for the remainder of the catch and amount of fishing gear and the remaining number of fishing locations. (8) Industrial fishing shall be performed in compliance with the requirements of the relevant European Union legislation, industrial fishing regulations and other regulatory norms regarding industrial fishing. (9) The provisions in this Section shall not apply to waters, which are used only for specialised fish farming and artificial propagation of fish. [1 October 1997; 17 February 2000; 18 October 2001; 19 June 2003; 30 September 2004; 26 May 2005] Section 12. Fishing for Special Purposes and for Scientific Research Purposes (1) Fishing for special purposes (fish farming, acclimatisation, surveys, ameliorative and other forms of fishing) and for scientific research purposes shall be performed on the basis of exploitation of bodies of water regulations or co-ordinated fisheries programmes, or projects, which are based upon scientific recommendations for which the necessity for such fishing is determined, and after a fishing permit (licence) has been obtained from the Nature Protection Board. (2) Such fishing in public waters and in waters, fishing rights for which belong to the State, shall be performed on the basis of a work schedule for which the accordance of the relevant fish resource manager has been attained and after registration with the regional environmental board Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 8 or the Marine Environment Administration, but for private waters in which the fishing rights do not belong to the State – based on a work schedule for which the accordance of the owner of the waters has been attained. (3) Prior to commencing fishing for special purposes or for scientific research purposes, the performer thereof shall inform the relevant regional environmental board. (4) The cabinet shall issue regulations regarding the procedures for the issuance of permits (licences) for fishing for special purposes or for scientific research purposes. [17 February 2000; 19 June 2003; 30 September 2004] Section 13. Regulations Regarding Fishing, Leasing of Fishing Rights, Exercising of Fishing Rights, and Regulations for Control of Handling of Caught Fish (1) The Cabinet shall issue the following fishing regulations and regulations regarding the control of handling caught fish (unloading, transporting, marketing, storing and processing): 1) regulations regarding commercial fishing in territorial waters and economic zone waters; 2) regulations regarding commercial fishing in inland waters; 3) angling regulations; 4) regulations regarding the control of fish unloading; and 5) regulations regarding the inspection of fish marketing and transport facilities, storage and premises for processing. (2) The Cabinet shall issue the following regulations regarding the leasing of fishing rights and the exercising of fishing rights: 1) regulations regarding the procedures for leasing bodies of water and commercial fishing rights, and for exercising fishing rights; 2) regulations regarding the exercising of fishing rights in private waters; 3) regulations regarding the procedures for licensed commercial fishing; and 4) regulations regarding the procedures for licensed amateur fishing – angling. [29 October 1998; 17 February 2000] Chapter IV Catch Statistics, Regulation of Fishing, and Restrictions Section 14. Obligation to Provide Information about Activities Related to Fishing (1) Legal persons and natural persons who are engaged in industrial fishing have the obligation to provide information regarding catch in accordance with such procedures and within such time periods as are stipulated in fishing rights lease agreements and prescribed in commercial fishing regulations. (2) Information regarding fishing, fishing violations, fish unloading, fish prices, lists of fishing vessels, and fishermen and fish buyers registration shall be compiled in the Board of Fisheries computerised information system. The Marine Environment Administration, regional environmental boards, Latvian Maritime Administration, Road Traffic Safety Directorate, the Latvian Fish Resources Agency and the National Board of Fisheries, shall provide the information necessary for ensuring the system database. (3) The Board of Fisheries shall ensure the sending of the information referred to in Paragraph two of this Section to the relevant European Union authorities in accordance with the Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 9 requirements of European Union legislation, as well as shall be responsible for the conformity of the total propulsion power of fishing vessels and total tonnage in Latvia to the European Union Member State specified reference level. [17 February 2000; 30 September 2004] Section 15. Regulation of Fishing (1) Industrial fishing in waters of the Republic of Latvia shall be regulated by determining the annual total allowable volume of catch, the number and kind of ships, the amount of fishing gear and its type, as well as other regulatory measures for fishing, on the basis of scientific expert opinion, scientific recommendations, recommendations of international fishery organisations, the requirements of European Union legislation and industrial fishing regulations. (2) Amateur fishing – angling – in waters of the Republic of Latvia shall be regulated in accordance with regulations for amateur fishing – angling– and by developing regulations for the exploitation of specific leased bodies of water, or, in accordance with Section 10, Paragraph two of this Law, licensed amateur fishing – angling – regulations for a specific body of water. [1 October 1997; 17 February 2000; 30 September 2004] Section 16. Fishing Restrictions (1) In order to ensure the conservation and protection of fish resources, the Board of Fisheries, on the basis of the requirements of European Union legislation, as well as the recommendations of the Latvian Fish Resources Agency or Nature Protection Board and after co-ordination with the Ministry of Environment, may prescribe fishing regulation for a specific period of time, prescribe restrictions, or prescribe total prohibition of fishing in particular waters or parts thereof, and propose the suspension of such activity in waters and towpath as negatively affects the hydrological regime of the waters, pollutes the waters or the towpath, changes the water level in a body of water or creates other unfavourable conditions for fish resources, as well as prescribe measures to regulate and limit fishing in waters or parts thereof, where fishing is performed in order to fulfil a State contract for restocking of fish resources. (2) Industrial fishing with nets during the ice-free fishing season is prohibited in all public lakes on Saturdays, Sundays and public holidays, except in particular public lakes (parts thereof). The list of particular public lakes and the procedures by which industrial fishing with nets shall be performed therein shall be regulated by Cabinet regulations regarding industrial fishing in inland waters. (3) Industrial fishing, except for specialised fishing of eels, sticklebacks, lake smelt and bleak, and fishing for special purposes or for scientific research purposes in accordance with Section 12 of this Law is prohibited in the following public lakes: Alūksnes district – Lake Alūksne; Balvas district – Lake Balva and Lake Viļaki; Cēsis district – Lake Āraiši; Dobele district – Lake Lielauce; Jēkabpils district – Lake Viesīte; Jūrmala – Lake Sloka; Krāslava district – Lake Dagda; Kuldīga district – Lake Liela Naba and Lake Maza Naba; Limbaži district – Lake Lielezera; Ludza district – Lake Maza Ludza; Ludza and Rēzekne districts – Lake Cirma; Madona district – Lake Sala; Rēzekne district – Lakes Rēzekne, Lake Kaunata, Lake Virtukšņa and Lake Zosna; City of Rīga – Lake Jugla and Lake Ķīšezera; Rīga district – Lake Liela Baltezera, Lake Maza Baltezera, Lake Babīte, Lake Dūņezera, Lake Dzirnezera and Lake Lilaste, but industrial fishing with nets is prohibited in the following public lakes: Liepāja district – Lake Liepāja and Lake Pape; Ludza district – Lake Liela Ludza; Rēzekne and Preili district – Lake Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 10 Feimani. (4) Industrial fishing, except for specialised fishing of eels, lampreys and sticklebacks, and fishing for special purposes or for scientific research purposes in accordance with Section 12 of this Law is prohibited in all rivers and canals, as well as fishing with fish pots in the Daugava River (also its reservoirs) and in the Buļļupe River, where such may be performed taking into account Cabinet regulations regarding industrial fishing in inland waters. (5) In order to conserve fish resources, as well as to develop activities for the purpose of promoting recreation in public waters (Annex 1 of the Civil Law), the Board of Fisheries on its own initiative or on the basis of a proposal from the relevant local government after co-ordination with the Ministry of Environment, may prohibit industrial fishing. [18 October 2001; 19 June 2003; 30 September 2004; 26 May 2005] Section 17. Prohibited Fishing Methods, Gear and Means (1) While fishing, it is prohibited to use such methods, fishing gear and means as are prohibited or also are not provided for in European Union legislation or Latvian regulatory enactments. (2) In particular cases, after co-ordination with the Latvian Fish Resources Agency and the Ministry of Environment, the State Board of Fisheries is entitled to allow the use of fishing methods, gear and means which are not provided for in the regulations for the relevant kind of fishing, but these shall be specifically indicated in the fishing permit (licence). (3) It is prohibited to utilise in commercial fishing a seine, except in cases where in accordance with Section 12 of this Law it is necessary to perform fishing for special purposes and for scientific research purposes. (4) [30 September 2004] [18 October 2001; 19 June 2003; 30 September 2004; 26 May 2005] Chapter V Fish Resource Protection and Monitoring Section 18. Authorities for Fish Resource Protection and Monitoring The State Environment Inspection, the Marine Environment Administration, Nature Protection Board and the regional environmental boards shall perform the protection and monitoring of fish resources in inland waters and sea coast, territorial waters and economic zone waters of the Republic of Latvia, as well as persons authorised by the State Environment Inspection for the inland waters of the Republic of Latvia and persons authorised by local governments – in the relevant local government administrative territory. [1 October 1997; 18 October 2001; 19 June 2003; 30 September 2004; 26 May 2005] Section 19. Rights of Authorities Regarding Fish Resource Protection and Monitoring (1) The State Environmental Service is entitled, in accordance with procedures specified in laws and regulatory enactments regulating fishery, to perform fishing inspection in all waters (including private waters) of the Republic of Latvia, to control the unloading of fish, as well as to inspect marketing and transport facilities and any storage or production premises, if there is reason to believe that unlawfully obtained fish are being marketed, transported, stored or processed, as well as taking into account the requirements of European Union legislation, to Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 11 perform such inspections and control on Latvian ships, which fish in European Union Member State, third country and international waters. (2) The State Environment Service are entitled within the sphere of their competence to issue fishing permits (licences) and, in cases where violations has been allowed to occur, suspend the use of a fishing permit (licence) or cancel it, draw up administrative reports and impose administrative sanctions, seize and confiscate fish and request that the losses caused to fish resources be compensated, as well as perform other activities in accordance with the requirements of European Union legislation, amateur fishing – angling – regulations and industrial fishing regulations. (3) If fishing is performed in the waters of other Member States of the European Union, waters of third countries or international which in conformity with the decisions of international fishery organisations or in accordance with European Union legislation and international agreements the Republic of Latvia has been allocated a catch quota, the State Environment Inspection and the Marine Environment Administration may perform all the activities provided for in Paragraph two of this Section in the cases where they have determined such violations, or in cases where violation reports drawn up by other states or the fish resource protection authorities of international fishery organisations has been received. (4) Persons authorised by local governments in the territory of the relevant local government and persons authorised by the State Environment Inspection at reservoirs and directly near thereto are entitled to inspect the catch and the gear utilised in fishing, as well as in cases of violations, within the scope of their competence, to suspend the utilisation of fishing permits (licences) and to draw up administrative reports, to send such reports for examination to the relevant competent authority and according to the procedures specified in regulatory enactments seize unlawfully caught fish, as well as utilised fishing gear and means. (5) State environment inspectors are entitled to destroy unlawfully utilised fishing gear and means and unlawfully utilised unlabelled fishing nets. (6) The Cabinet shall determine the procedures for the destruction of the fishing gear, means and nets referred to in Paragraph five of this Section. [1 October 1997; 29 October 1998; 18 October 2001; 19 June 2003; 30 September 2004; 26 May 2005] Section 20. Obligation to Participate in Fish Resource Protection and Monitoring Fish resource managers and users (including lessees) of fishing rights have the obligation within the sphere of their competence to participate in the protection and monitoring of fish resources in the relevant waters. Chapter VI Conservation and Augmentation of Fish Resources; Fish Farming Section 21. Conservation and Augmentation of Fish Resources (1) Fish resource managers and users (including lessees) of fishing rights shall perform measures, in accord with the Latvian Fish Resources Agency, for conservation of fish resources. (2) Propagation of fish resources shall be conducted by specialised fish-farming facilities based on a Cabinet-approved State program for fish resource enhancement or - if ensuring propagation Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 12 of fish resources is to be by lessees of bodies of water and of fishing rights, or by owners of private waters - in accordance with fishery exploitation regulations for the bodies of water or on the basis of separate agreements. (3) The provisions referred to in Section 4, Paragraph two, second sentence of this Law are not applicable to fish that have been released in natural bodies of water in the course of fish resource augmentation measures being performed. [1 October 1997; 19 June 2003; 26 May 2005] Section 22. Relocation of Fish Species and Introduction of New Species (1) A permit from the Nature Protection Board, regarding which the accordance of the Latvian Fish Resources Agency and the Food and Veterinary Service has been attained, is necessary for the relocation of fish species and for the introduction or enhancement of new species in waters (irrespective of the form of ownership) of the Republic of Latvia. (2) Information regarding the relocation of various species of fish and the introduction or propagation of new species shall be submitted to the Latvian Fish Resources Agency. (3) The Cabinet shall determine the procedures for the restocking of fish resources and accounting for the number of young fish intended for propagation and the procedures for their release into natural bodies of water. [17 February 2000; 18 October 2001; 19 June 2003; 26 May 2005] Section 23. Permits for Fish Farming and for Aquatic Plant Culture A permit from a fish resource manager, for which the accordance of the Latvian Fish Resources Agency and the Nature Protection Board has been attained, is required for specialised fish farming and aquatic plant culture in the waters of the Republic of Latvia (irrespective of the form of ownership). [19 June 2003; 26 May 2005] Section 24. Fish Farming in Bodies of Water (1) Natural bodies of water or portions thereof, which have been adapted for fish farming, and bodies of water artificially created specifically for this purpose, shall be considered as bodies of water for fish farming. (2) In order to protect fish resources and to maintain water quality and quantity, the Board of Fisheries, after accordance of the Ministry of Environment is attained, may provide for a special regime in the towpath surrounding such bodies of water. [19 June 2003] Chapter VII Fee for Fishing Rights and Compensation for Losses Section 25. Fee for Fishing Rights (1) Fishing rights in the inland waters (irrespective of the form of ownership), territorial waters and economic zone waters of the Republic of Latvia, the waters of other Member States of the European Union, the waters of third countries, as well as in international waters in which Latvia Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 13 has fishing rights, shall be used for a fee which shall be set out in the lease agreement for the fishing rights or in the fishing permit (licence, angling card), if a leasing agreement for fishing rights has not been entered into. (2) The fee and abatements applicable to it, as well as procedures for leases of fishing rights or tendering for fishing permits (licences), shall be determined by the Cabinet. (3) The provisions in this Section shall not apply to waters used only for specialised fish farming and artificial propagation of fish. [1 October 1997; 17 February 2000; 30 September 2004] Section 26. Liability for Violation of Regulatory Norms Regarding the Protection, Monitoring and Utilisation of Fish Resources, and for Losses Caused to Fish Resources (1) Legal persons and natural persons who have allowed violations of this Law or of regulatory norms in regard to amateur fishing – angling – or commercial fishing, and have caused or could have caused losses to fish resources, shall be liable therefor in accordance with legislative enactments. (2) Irrespective of the imposed administrative sanction or criminal sentence, the offender shall compensate in full for the losses caused to fish resources. Losses caused to fish resources may also be compensated for by performing enhancement measures determined by the fish resources manager and for which the accordance of the Latvian Fish Resources Agency and the Ministry of Environment is attained, or also restoration of the environment in conformity with a court adjudication. (3) Upon any economic or scientific research work being commenced which may harm fish resources or change the ecosystem of waters, examination of the planned work by fisheries experts shall be required in order that the extent of impact and effect, the justification for the work, potential losses and the amount and form of compensation is determined. (4) Losses caused to fish resources shall be compensated for by the performers of economic activities by carrying out measures determined by fishery expert-examinations: releasing young fish or paying the cost of raising artificially propagated young fish or paying compensation for losses caused to fish resources. Owners of hydroelectric stations shall compensate the referred to losses each year. (5) The Cabinet shall issue regulations regarding the determination of losses caused to fish resources as a result of economic activity and the procedures for compensation thereof. (6) The Cabinet shall issue regulations regarding such a list of rivers (sections of rivers) where for the purposes of protection of fish resources it is prohibited to build and restore hydroelectric dams and to make any kind of mechanical obstacles. (7) The Cabinet shall issue regulations regarding the procedures by which restoration of the environment activities, which compensate for the losses caused to fish resources shall be determined and performed. [17 February 2000; 18 October 2001; 19 June 2003; 30 September 2004; 26 May 2005] Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 14 Chapter VIII Fish Fund Section 27. Purpose of the Fish Fund The purpose of the Fish Fund is to ensure resources for the financing of such scientific research as is related to research on fish resources, pollution, and the impact of various economic activities on fish resources, as well as resources for fish restocking and protection measures. [19 June 2003; 30 October 2003] Section 28. Sources for the Formation of the Fish Fund (1) The Fish Fund shall be formed from grants from general revenue, as well as donations and gifts from natural persons and legal persons (also from foreign states). (2) The grant to the Fish Fund from general revenue shall be formed from the following State basic budget revenue paid in payments: 1) compensation for losses caused to fish resources; 2) fines for losses caused to fish resources as a result of violations of regulatory enactments regulating fishing; 3) income which is created in selling fishing gear, fishing means and unlawfully acquired fish confiscated according to the procedures specified in regulatory enactments; 4) payments for the lease and utilisation of fishing rights [lease payments, and payments for fishing permits (licence, angling card)]; and 5) part of the payments for the lease of public bodies of water and lease of other bodies of water where fishing rights belong to the State in accordance with the additional conditions of the relevant body of water leasing agreement (depending upon the area of the relevant body of water and the type of fish management utilisation). [1 October 1997; 17 February 2000; 30 October 2003] Section 29. Utilisation of the Fish Fund The resources of the Fish Fund shall be utilised in accordance with the by-laws of the Fish Fund, which shall be approved by the Cabinet. Transitional provisions 1. The Cabinet shall, within a period of one month after this Law comes into force, submit a recommendation to the Saeima regarding refinement of Annexes 1, 2, and 3 of the Civil Law. 2. With the coming into force of this Law, Cabinet Regulation No. 156, On Fishery, issued in accordance with Article 81 of the Constitution (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1994, No. 17), is repealed. 3. Section 16, Paragraph two and Section 17, Paragraphs three and four of this Law shall come into force on 1 January 2002. [18 October 2001] Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 15 4. The Cabinet shall issue the regulations referred to in Section 26, Paragraph six of this Law within a period of three months after the coming into force of the amendments to this Law. [18 October 2001] 5. Section 8, Paragraph three of this Law in relation to the coming in effect of decisions regarding the suspension of the utilisation of fishing rights according to the procedures specified in the Administrative Procedure Law and the procedures for the dispute or appeal of such decisions shall come into force simultaneously with the Administrative Procedure Law. If the referred to decision is taken prior to the coming into force of the Administrative Procedure Law, it shall come into effect within a period of two weeks after the taking thereof. [19 June 2003] 6. The Cabinet shall issue the regulations referred to in Section 22, Paragraph three of this Law by 1 January 2004. [19 June 2003] 7. The amendments adopted on 19 June 2003 in Section 16, Paragraph two; Section 17, Paragraphs three and four, as well as Section 16, Paragraph three of this Law shall come into force on 1 January 2004. [19 June 2003] 8. The Cabinet shall issue by 31 December 2004 the regulations referred to in Section 7, Paragraph two of this Law regarding the procedures by which special permits (licences) for commercial activity fishing shall be issued. [30 September 2004] 9. The norms of this Law in which are used the terms “commercial company” or “individual merchant” shall be applied also in relation to fishing farms and other undertakings (companies) registered in the Enterprise Register. [30 September 2004] 10. Special permits (licences) issued up to 31 December 2004 for the performance of fishery entrepreneurship shall be in effect for the time period specified in the special permit (licence). [30 September 2004] 11. The Cabinet shall issue by 31 December 2004 the regulations referred to in Section 12 of this Law regarding the procedures by which permits (licences) for fishing for special purposes and for scientific research purposes shall be issued. [30 September 2004] 12. The Cabinet shall issue by 31 December 2004 the regulations referred to in Section 26, Paragraph seven of this Law regarding the procedures by which restoration of the environment activities, which compensate for the losses caused to fish resources, shall be determined and performed. 13. Amendments to Section 7, Paragraph six of this Law in relation to the preference given to Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 16 commercial companies and individual merchants in the leasing of fishing rights who are associated with commercial fishing, as well as to persons who are engaged in personal consumption fishing, shall not apply fishing rights leasing agreements, which have been entered into in 2004. 14. Amendments to Section 16, Paragraph three of this law in relation to fishing restrictions in Lake Cirma, Lake Dūņezera, Lake Feimani, Lake Liela Ludza, Lake Liepāja, Lake Lilaste, Lake Pape, Lake Virtukšņa and Lake Zosna shall come into force on 1 January 2005, but amendments to Section 16, Paragraph four of this Law in relation to fishing restrictions in the Buļļupe River and Daugava River – 16 April 2005. 15. Amendments to Section 11, Paragraph four in relation to the specification of catch quotas for coastal fishing shall come into force on 1 January 2006. [26 May 2005] 16. By-laws regarding amateur fishing – angling – for specific bodies of water, which have been formulated and approved in accordance with Cabinet regulations regarding the procedures applicable to licensed amateur fishing – angling – in the waters of the Republic of Latvia up to the day of the coming into force of the amendments to Section 10 of this Law in relation to the issue licensed amateur fishing – angling – binding regulations by local governments shall be in force up to 31 December 2005. [26 May 2005] This Law has been adopted by the Saeima on 12 April 1995. President G. Ulmanis Rīga, 28 April 1995 Transitional Provisions Regarding Amendments to the Fishery Law Transitional Provision (regarding amending Law of 1 October 1997) With the coming into force of this Law Cabinet Regulation No. 269, Amendments to the Fishery Law, issued in accordance with Article 81 of the Constitution (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1997, No. 18), is repealed. Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 17