Décret nº 85-1400 fixant les formes et conditions des concessions et autorisations de pisciculture et les modalités de déclaration des plans d'eau existants mentionnés à l'article 433 du Code rural

XVI/4 XVJ/5 FRANCE. - Uccrce No. 85-1400 prescribinr. the forms and conditions re!a fü·e to fish farming concessions :md authorizntions and to the fonnalities atlaching to dedarntions of existi11g bodies of waters ns contcmplated in article 433 of the Rurlll Code. - 27 December 1985. - Journal officiel de la lUruhlique française No. 302, 29 December 1985, p. l 5372. [Extracls.] Diü~ii;n 1 - Gcnernl 1. ln mdcr to insl:1l1 :rnd 'Nork in any of the watf.'rs contemplated in article 402 of the Rural Code, a fish farming establishment as defined by article 432 of that Code, an authorization or a concession shall be re quired in the form, and subject to conditions, described hereafter. 2. No fish farming authorization or concession may be granted if il appcars thal any adverse situation is likely to supcrvene for the fish living in any waters connecting with the fish farming establishment in question, inter alia, if the installation were to lead to an interruption in the unrestricted circulation of the fish in the watercourse, to an insuf ficient flowratc, or 10 an impairment in the quality of the water such as to place the lives of suc!, fish in <langer. f<urthermorc no authorization nr concession may be granted unless the proposcd fish harvesting proccdure excludcs linc fishing. 3. No authorizalion or concession shall be issued unie% lhe intcrcsted party can show that hc has signcd the dcclaration or filcù the application rcquired, as the case may be, for the purpose of installing a fish farm, by other statutcs or regulatory cnactments. inter alia, those concerning waters, classified installations and domain property. XVI/5 4. No fish may be introduced into a fish farm save in compliance with article 413 of the Rural Code and with any decree issued for its en forcemcn t. Division Il - Application for fish farming authorizations 5. Applications for authorizations to convert any reach of watercourse or canal or any portion of a body of water where fishing rights are held by a riparian may be filed by either: (a) a riparian enjoying, as such, fishing rights over the reach of watercourse or canal or portion of water in question; (b) a holder of concession under whatever tille for such fishing rights who is at the same time in possession of an express authorization from the riparian to install a fish farm. 6. Applications for fish farming authorizations shall be filed with the Commissioner of the Republic. 7. Applications shall consist of the following documents and items of information: l. the name or style and address of the applicant; 2. the name and fish farming category of the watercourse, canal or body of water where it is proposed to install the fish farm togethcr with a site map on a 1 :25 000 scale; 3. evidence of the titles of the applicant where these are required by article 5, and, where appropriate, a copy of the deed, conferring water rights or authorization issued to him pursuant to the water laws; 4. a 1 :2 500-scale plan of the fish farm and its surroundings accompanied by a note indicating the surface area, limits, cadastral designation of the land in question, the proposed conversion, inlets and outlets, the volume 0f the flowrate, or the manner in which water is supplied, and the position and nature of the standing closure devices; 5. the nature of the fish farm; 6. a report describing the nature and proposed methods of fish rearing, the fish species, the production target or purpose of the experiment and the method of harvesting the fish; 7. the arrangements proposed in order to ensure that in the bed fY"! • J ,.. XYI/5 maintaincd as well as the free circulation of the fisb, and any mcasures planned, in parlicular for maintaining the quality of the water, in such a way that no adverse effccts shall be produccd on other fish stocks; 8. the emptying schedule; 9. the period for which the authorization is requested, the period foreseen for completing any arrangements, and a note indi cating the financial capacity of the applicant in relation to the planned undertaking. 8. Within a month following the registration of the application, the Commissioner of the Republic shall acknowledge receipt and, as appro priate, call for any additional information that appears to him to be necessary. 9. Within two months following the definitive receipt of the applica tion, the Commissioncr of the Republic shall either: l. notify the applicant that the application is refused if it does not answer to the purposes required by law or to the condi tions laid down in article 2 of this Dccree, or 2. call upon the applicant to carry out, as required by article 10 and within not more than two years, under penalty of being deemed to have withdrawn from the undertaking, an impact assessment or an impact statement within the meaning of Decree No. 77-1141 of 12 October 1977 as cited in the preamble herelo. 1 10. The following shall be matter for an impact assessment: new trout farming installations and fish rearing plant for experiment purposes; and fish fanns where production and marketing amounts to two tons or more, or where the surface area under water is of three hectares or more, as well as any extension of fish farms where the effect is to bring their annual production and marketing or their surface area undcr water to a figure equal to or in excess of the limits here laid down. An impact statcment shall be requircd for any newly installed fish farm other than thosc defined in the previous paragraph. J 1. Whcre an impact assessment is required, and within one 111011th of receipt the Commissioner of the Republic shall order a public hearing 1 Ed. Note: Preamble omittcd. Decree No. 77-1141 enforccs section 2 of Act r-.rn 7(, f..?'J nf Hl .llllv 1976: The Nature Protection Act. XVI/5 as prescribed by Chapter II of Decrcc No. 85-453 of 23 April 1985 2, as cited in the preamble hercto. The application referred to in article 6 Il (1) of that Decree shall include the documentary items referred to in article 7 of the present Decree, the impact assessment and the report drawn up by the official service organizing the hearing. The hearing shall concern itself with the physical installation of the fish farm and its appurtenances and the proposed fish rearing methods. 12. Whenever, because a body of water and a fish farm are being installcd at the same time, a public hearing pursuant to the water regula tions and a public hearing on the fishery rcgulations arc rcquired, a single hearing shall be held as provided by article · 4 I of the aforementioned Dccree of 23 April 1985 2 • 13. . Immcdiatcly upon the completion of the hearing or upon the impact slatement being produccd, the Commissioner of the Republic shall consult the departmental federation of officially recognized fishing and fish farming associations and the departmental commission on sites, prospects and landscapes (meeting as a unit rcferrcd to as a nature protection unit). If the bodies herc refcrred to have not made known their rccommcndations within two months they shall be dcemcd to have givcn their approval. The Commissioner of the Republic shall rule on the application and, within four months of the conclusion of the hcarings of the impact statement being produced, shall notify the applicant and the mayors of lhc communes conccrned of his dccision; and the said mayors shall within forty-eight hours of bcing so notificd cause the decision to be pos!cd for one month. 14. Authorizations issued by the Commissioner of the Republic shall specify: 1. the person in whose namc the authorization is issued, the pur pose, the site and boundaries of the fish farm, the nature of the permanent closure deviccs designed lo prevent the circu lation of fish in both directions, the fish species, the fish rearing methods and the harvcsting procedurcs; 2. whcre the water is obtained from a watercourse or a canal, the minimum flowratc to be maintained in order to safeguard uninterruptedly. in such canal or watercoursc, the lifc and repro duction of the fish, the schcdule of emptyings and the conditions 2 Ed. Note: A translation of this Dccree appcars al page 94 of this issue. XYl/5 governing prior notice thcreof, devices securing the frec circu lation of the wild fish stock and measures necessary for the protection of the aquatic milieux; 3. the duration of the authorization. which may not exceed 30 years, and the date by which conversion operations are to be comp!eted. 15. The person so obtaining an authorization shall inform the Com missioner of the Republic of the completion of the conversion operations. The Commissioner of the Republic shall order an inspection to be carried out on such operations within one month and shall within fifteen days thereafter transmit the inspection report to the person ob taining the authorization. No working of the fish farm may commence before the report has bcen so transmitted. If the operations are not carried out within the prescribed time limit or do not conform to the conditions laid down in their regard, the Commissioner of the Republic shall issue a formai warning to the person who has obtained the authorization to comply with the conditions attaching to the authorization within a given lime limit under penalty of that authorization being cancelkd. 16. Upon reccipt of the observations of the persan who has obtained the authorization, the Commissioner of the Republic may cancel the authorization: 1. where the applicant has not within the period granted acted upon the formai warning requiring him to comply with the prescribed conditions; 2. at any time, if it appears that the fish farm is g1vmg rise to any nuisance for other fish stock or any aquatic milieu. 17. Any change in the nature of the fish farm, in the füh species raised thcre or in the fish farming methods carried on as specified in the authorization shall be notified to the Commissioner of the Republic, who shall make known his objections, if any, within two months. 18. Authorizations shall be eligible for renewal for not more than 30 years. Applications therefor shall be filed with the Commissioner of the Republic not later than two years prior to the expiry of the authorization. Occisions regarding such applications shall be taken not later than six months prior to the expiry of the authorization. The Commissioner of the Republic shall decide on applications for renewal as orovided in articles 5 to 15. However, the formalities called XVI/5 for under articles 9 (2), 10 and li shall not apply where no changes are contemplated in the general conditions of the fish farm, unless the Commissioner of the Republic is of the opinion that any renewal of the authorization may give problems for other fish. Where an application for the renewal of the authorization is not filed within the prescribed time Iimit, the person concerned shall be deemed to have renounccd the benefit of that authorization. 19. During the period of validity of an authorization a change of beneficiary may be authorized by the Commissioner of the Republic upon application by the person holding the authorization and the in tending holder, both of whom shall be required to supply the documents and other elements of identification referred to in article 7 (l) and (3). 20. If at any time an authorization is cancelled or has not been renewed upon expiry, the holder shall be required to restore the site to its original condition. Division Ill - AJlplication for fish farming concessions 21. Applications for a fish farming concession for a reach of water course or canal or a portion of a body of water coming within the purview or article 419 of the Rural Code or forming part of the private dornain of the State shall be filed with the Commissioner of the Republic. 22. The application shall contain the items of information called for undcr article 7 save that as regards the tilles required under article 5. Article 8 of this Decree shall apply to concessions. 23. Within two months of the definitive reccipt of the application, the Commissioner of the Republic, having sought the views of the official services responsiblc for law enforccment where fisheries are concerned and, as appropriate, the official services responsiblc for the management of the public fluvial dornain and the rewnue authorities, shall eilher: 1. refuse the application if the project does not conform to the conditions laid down under article 9 (l), if it is likely to compromise the fishcry elcment of the watercourse or canal or the area under the water or, again, if it is deemed not to be compatible with the management of the public or private domain in question; or 2. requirc the applicant to carry out an impact assessment or submit an impact statcment as rcquired by articles 9 (2) and 10 XYJ,15 of this Dccree. Upon receipt of the impact assessment, wherc this is required, the hearing shall be held in the form and subject to conditions prescribed by articles 11 and 12. 24. lmmediately upon completion of the hearing or upon the impact statement being produced, the Commissioner of the Republic shall con suit the departmental federation of officially recognized fishing and fish farming associations and departmental commission on sites. prospects and landscapes (meeting as a unit referred to as a nature protection unit). If the bodies here referred to have not made known their recommenda tions within two months they shall be deemed to have given their approval. The Commissioner of the Republic shall submit a copy of the application for the concession and the draft deed of concession to the director of the revenue aulhorities for the purpose of determining dues payable on the concession for fishing rights and, as appropriate, for the occupation of the public or private domain concerned and for the use of the water. The Commissioner of the Republic shall rule on the application and, within four months of the conclusion of the hearings of the impact slatcment being produced, shall notify the applicant and the mayors of the communes concerned of his decision; and the said mayors shall within forty-eight !murs of bcing so notified cause the decision to be postcd for one month. 25. The decd of concession shal! spccify: 1. the conditions set for th in article 14: 2. the nature of the right held on concession by the State and the amount of the dues payable by the concession holder. Any grant of concession tilles shall be subject to the acceptance by the applicant of the financial conditions attaching to the concession. No operation of a fish farming concession may be put in hand until the first instalmcnt of such ducs has bcen paid. 26. The operations in question shall be inspected in the form and subjcct to the conditions prescribcd by article 15. The working of the concession may not commence beforc the inspection report has been made known. 27. With duc regard to the special prov1s1on applying to the public domain, any concession so granted may be modificd, suspcndcd or cancelled by the Commissioner of the Republic at any time, in the form anJ subjcc\ to the conditions prcscribed by article 15, second paragraph, XVI/5 and article 16. It may also be withdrawn in the event of default of paymcnt of dues by the persan holding the concession. 28. Articles 17 to 20 of this Decree shall apply to concessions. Division l V - Trnnsitional provisions 29. The statement called for under article 7 of Act No. 84-512 of 29 June 1984 3 as cited in the preamble hereto, whereby the persan con cerned may avail himself of the benefits provided for under article 433 of the Rural Code, shall be forwarded, by persons holding rights, con cessions or authorizations for fish farming enclosures in being at the date on which the Act was published, to the Commissioner of the Republic for the dcpartment within one year from the entry into force of the said Act. The statement shall indicate: 1. the name or style and address of the title holder; 2. the name of the watcrcourse, a l :2 500-scale plan of the enclosure and its surroundings, indicating the surface area, the cadastral designation of the land in question, the boundaries and the position of the permanent enclosure devices; and 3. either: a deed creating an entitlement to enclose drawn up before 15 April 1829; or evidence, however corroborated, as to the enclosure having been set up for fish farming purposes by means of a dam installed before 15 April 1829 on a water course not of the domain and not subsequently classified under the rules governing fish ladders; or the deed of authorizations or the deed of concession; 4. the nature of the fish rearing and the harvcsting mcthods. 30. The Commissioner of the Republic shall, having within two months acknowledged the aforesaid statemcnt, eithcr: (a) issue a certificate attesting the validity of the said rights or make an ordcr formalizing the change in the holder of the authorization or concession; or (b) where it has not been possible to establish the validity of such rights, concession or authorization, invite the person making the said statement to file an application for an author ization or a concession as requircd by this Decrce. 3 Ed. Note: Act No. 84-512 relative t0 freshwater fisheries and to the management of fishery rcsources. The section 7 hcre referred to was amcnded by Act No. 85-452 of 22 May 1985. XVI/5 XVl/6 31. A notice specifiying this obligation and the time limit for making the statemcnt, and the consequences of any failure to make such a statement, shall within two months of the entry into force of the Act of 29 June 1984 as cited in the preamble hereto 4 be: l. published in the regional newspapers by the Commissioner of the Republic for the region; and 2. notified by the Commissioner of the Republic for the depart ment to the mayors, who shall within 48 hours cause the notice to be posted for a pcriod of one year. Division V - Misccfümeous 32 to 38. [Omitted.] 39. · The Decree of 24 October 1985 enforcing section 1 of the Act of 18 June 1923 on reaches of watercourses or canais under enclosure man agement is hereby repcaled save as regards renewal of authorizations or concessions. The provisions of that Decree shall continue to apply to the bodies of water contemplated in article 433 of the Rural Code. 40. [Omitted.] XVl/6 XVl/7