Cabinet Regulation No. 3 of 2001 on Commercial Fishing in Inland Waters

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. Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending regulations of: 23 December 2003 (No. 755); 2 November 2004 (No. 905); 28 December 2004 (No. 1071). If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph. Republic of Latvia Cabinet Regulation No. 3 Adopted 2 January 2001 Regulations regarding Commercial Fishing in Inland Waters Issued pursuant to Section 13, Paragraph one, Clause 2 of the Fishery Law I. General Provisions 1. These Regulations prescribe the procedures by which natural and legal persons (hereinafter – fishers) may pursue commercial fishing (hereinafter – fishing) in the inland waters of the Republic of Latvia, except waters that are only utilised for specialised fish farming and the artificial propagation of fish. 2. These Regulations apply to waters that are located in the land part from the coastal line of the Baltic Sea and the Gulf of Riga, including river entries into the sea – which are located in the land part beyond the line that connects the farthermost points of opposite river banks projected into the sea, and in ports – which are located in the land part beyond the line that connects the farthermost points of hydro-technical or other structures sited on the opposite sides of a port which are projected into the sea. 3. Fishers may fish in inland waters if: 3.1. a lease contract for fishing rights has been entered into; 3.2. a fishing permit (licence) has been received, in which the type of fishing gear and the limit of the quantity thereof or catch (hereinafter – fishing limit) has been indicated; 3.3. for commercial fishing – a special permit (licence) for commercial activities in fishery has been received from the National Board of Fisheries of the Ministry of Agriculture (hereinafter – Board of Fisheries); and Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 2 3.4. for personal consumption fishing – natural persons have registered with a regional environmental board of the Ministry of Environment (hereinafter – regional environmental board). [28 December 2004] 4. Fishers need not draw up a lease contract for fishing rights and only a fishing permit (licence) shall be necessary if fishing takes place in bodies of water where the fishing rights are not owned by the State and the owner of the relevant water body or his or her authorised person pursues fishing therein, as well as if fishing in bodies of water takes place in accordance with the Cabinet regulations regarding licensed commercial fishing. 5. In private bodies of water where the fishing rights are not owned by the State, the owner of the fishing rights may pursue fishing or other fishers – with his or her authorisation or lease contract, observing the fishing limits set for the bodies of water, these Regulations and the Cabinet regulations regarding the utilisation of fishing rights in private waters. 6. Fishing limits shall be set annually by the Board of Fisheries with a relevant order on the basis of recommendations of the State agency Latvian Fish Resources Agency and international organisations and upon co-ordination with the Ministry of Environment, and such order shall be sent to local governments which have an entered into agreement with the Board of Fisheries regarding the management of fish resources. [28 December 2004] 7. Fishing in specially protected nature territories shall take place in accordance with the regulations for the protection and utilisation of specially protected nature territories, nature protection plans and these Regulations, but fishing for scientific research and other special purposes – in accordance with the procedures specified in Paragraph 9 of these Regulations in conformity with scientific programmes or projects co-ordinated with the Board of Fisheries and the Ministry of Environment. [23 December 2003] 8. Acquisition of crayfish and midge larvae is permitted in bodies of water where, in accordance with Paragraph 6 of these Regulations, the National Board of Fisheries has set a limit on the acquisition of crayfish or midge larvae. In rented bodies of water and in bodies of water where licensed commercial fishing is introduced, procedures for fishing may be specified in accordance with the Cabinet regulations regarding the leasing of bodies of water and commercial fishing rights and the utilisation of fishing rights, as well as regarding licensed commercial fishing, upon co-ordination with the Board of Fisheries, the State agency Latvian Fish Resources Agency, the Ministry of Environment and the relevant regional environmental board. 9. Fishing in conformity with scientific programmes or projects co-ordinated with the Board of Fisheries and the Ministry of Environment, which have been developed by the State agency Latvian Fish Resources Agency or other legal persons whose by-laws provide for the relevant type of activity, may be carried out if a fishing permit (licence) for fishing for scientific research or other special purposes (fish farming, acclimation, test fishing, ameliorative fishing) has been received at the Nature Protection Board of the Ministry of Environment (hereinafter – Nature Protection Board). The Board of Fisheries, upon co-ordination with the Ministry of Environment and in conformity with the research goals and tasks provided for in the scientific programmes or projects, may specify admissible exceptions for such fishing, Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 3 which concern fishing gear and the utilisation thereof, the minimum length of fish, the time and area of a fishing ban. [23 December 2003; 28 December 2004] II. Fishing Gear and the Utilisation thereof 10. The following fishing gear shall be permitted in fishing: 10.1. a net – passive fishing gear made of netting, which is tied (placed on) to ropes. The mesh size of the netting shall be: 10.1.1. for a fish net – not smaller than 30 mm; 10.1.2. for a fish net in the specialised fishing of vendace – not smaller than 20 mm; 10.1.3. for a fish net in the specialised fishing of sea smelt and bleak – not smaller than 12 mm; and 10.1.4. for a lamprey net in the specialised fishing of lamprey – from 8 to 14 mm; 10.2. a pot – passive cage-type fishing gear that is made of netting in which the string diameter is not less than 1 mm and which consists of one or two cod-ends, except an eel pot with a fence in which there may not be more than eight cod-ends if the length of the fence of such pot exceeds 30 m. A fence and/or wings (leaders) may be attached to the cod-ends of a pot. The minimum mesh size of the netting in any part of the pot construction shall be: 10.2.1. for a fish pot – 30 mm; 10.2.2. for a lamprey pot in the specialised fishing of sea smelt and bleak, and for an eel pot – 12 mm; 10.2.3. for a lamprey pot the horizontal mouth of which may not exceed 4 m – 8 mm; and 10.2.4. for a stickleback pot and lake smelt pot – 6 mm; 10.3. a lamprey weir – fixed lamprey pots secured on the riverbed in one row ; 10.4. an eel migration net – fixed cage-type fishing gear for fishing eel migrating downstream from a lake, also an eel pot if more than half of the river width is blocked with such net; 10.5. a fish seine net – active fishing gear that consists of ropes, netting wings and a cod-end and which is only utilised for fishing for scientific research and other special purposes; 10.6. a midge larvae frame (screen) – a row of strings of a screen secured on a carcass (frame) or affixed to a carcass (screen); and 10.7. a crayfish pot – passive cage-type fishing gear that consists of one or several flappers. [23 December 2003; 28 December 2004] 11. Fishing is considered to be specialised if fish of some specific species are caught with the fishing gear referred to in Paragraph 10 of these Regulations that is intended for such species and the relevant fishing gear is indicated in a fishing permit (licence) (except the fishing gear referred to in Sub-paragraphs 10.1.1, 10.2.1 and 10.5 of these Regulations in non-specialised fishing). Each type of specialised fishing shall be set separate fishing limits in accordance with Paragraph 6 of these Regulations, as well as restrict the number of cod-ends for eel pots the fence length of which is greater than 30 m. [28 December 2004] Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 4 12. The mesh size of fishing gear shall be determined by measuring the distance between eleven netting knots of one row taken in a tow and dividing the obtained figure by 10. 13. It is prohibited to utilise fishnets in non-specialised fishing in the rivers Buļļupe and Daugava (including the water reservoirs thereof). [28 December 2004 (see also Paragraph 44 of these Regulations)] 14. It is prohibited to utilise the following fishing gear in fishing: 14.1. pots the fence length or wing spread of which is greater than 30 m, except pots for the specialised fishing of eel and lake smelt and pots for fishing in (the River) Buļļupe, in the section of (the River) Daugava from its entry into the sea up to the Riga Hydroelectric Power Station, in the water reservoirs of (the River) Daugava and in (the Lake) Liepājas Ezers, where the fence length may be greater than 30 m, but may not exceed 100 m and the wing spread may not be greater than 30 m; 14.2. nets the length of which is shorter than 15 m – if fishing in private waters, and nets the length of which is shorter than 30 m – if fishing in public waters; and 14.3. if fishing for personal consumption: 14.3.1. more than one fish pot the fence length or wing spread of which is not greater than 30 m – if fishing in private and public waters, or more than one net 50 m in length – if fishing in public waters; and 14.3.2. any other fishing gear referred to in Paragraph 10 of these Regulations. [28 December 2004] 15. The specialised fishing of vendace, eel, lamprey, lake and sea smelt, bleak and sticklebacks, as well as the acquisition of crayfish and midge larvae in particular fishing areas or bodies of water in addition to the annual fishing limit may be prescribed by an order of the Board of Fisheries upon prior co-ordination of the particular method of fishing or acquisition with the State agency Latvian Fish Resources Agency and the Ministry of Environment. [23 December 2003] III. Minimum Length of Fish and Amount of By-catch 16. It is permitted to keep in a catch but prohibited to sell the by-catch specified in Paragraph 23 of these Regulations, as well as permitted to keep the referred to fish species and crayfish if the minimum length thereof conforms to the following dimensions: 16.1. salmon (Salmo salar) – 60 cm; 16.2. sea trout (Salmo trutta) – 50 cm; 16.3. catfish (Silurus glanis) – 50 cm; 16.4. pike perch (Stizostedion lucioperca) – 45 cm; 16.5. pike (Esox lucius) – 50 cm; 16.6. European eel (Anguilla anguilla) – 40 cm; 16.7. vimba (Vimba vimba) – 29 cm; 16.8. ide (Leuciscus idus) – 29 cm; 16.9. chub (Leuciscus cephalus) – 29 cm; 16.10. whitefish (Coregonus lavaretus) – 29 cm; 16.11. asp (forest vimba) (Aspius aspius) – 29 cm; 16.12. tench (Tinca tinca) – 29 cm; 16.13. burbot (Lota lota) – 30 cm; 16.14. vendace (Coregonus albula) – 16 cm; Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 5 16.15. sea smelt (Osmerus eperlanus) – 11 cm; 16.16. noble crayfish (Astacus astacus) – 10 cm; and 16.17. narrow-clawed crayfish (Astacus leptodactylus) – 10 cm. [23 December 2003; 28 December 2004] 17. The length of fish of all species shall be determined by measuring the fish from the tip of the snout to the end of the tail fin. If processed (salted, cured, smoked or dried) fish are measured, the determined length shall be reduced by four per cent, but for fish with severed tails and heads the determined length shall be reduced by 25 %. If only the head has been severed, the determined length shall be reduced by 15 %, if only the tail has been severed – by 10%. 18. The length of crayfish shall be determined by measuring from the acumen (bony spine protrusion between the eyes) to the end of the uropods. 19. Fish and crayfish of all species that are smaller than the length specified in Paragraph 16 of these Regulations shall be called undersized fish and undersized crayfish. 20. Fish of such species in the particular catch the fishing of which is prohibited at the relevant time, area or with the relevant fishing gear, as well as undersized fish and undersized crayfish, shall be considered a by-catch. 21. The by-catch of pike, whitefish, vendace and burbot during the additional ban period specified in Paragraph 28 of these Regulations is prohibited, but the by-catch of brown trout, grayling, as well as crayfish, is prohibited throughout the year. The by-catch of salmon and sea trout is prohibited throughout the year, except the by-catch referred to in Sub-paragraph 28.1 of these Regulations. [23 December 2003] 22. In specialised fishing during the period from 16 April until 20 June, the by-catch of the fish species referred to in Paragraph 16 of these Regulations is prohibited, and the by-catch of other fish species may not exceed 10 % of the total catch weight. At other times, the by-catch of other fish species is not limited, observing the restrictions on by-catch specified in Paragraphs 21 and 23 of these Regulations. [28 December 2004] 23. Each time a fishing gear is heaved on board the admissible by-catch of undersized fish, except the by-catch restrictions specified in Paragraphs 21 and 22 of these Regulations, for each of the fish species referred to in Paragraph 16 of these Regulations may not exceed 5 % of the total number of fish of the relevant species in the catch. [23 December 2003] 24. If the amount of by-catch specified in Paragraphs 21, 22 and 23 of these Regulations has been exceeded, the by-catch shall be immediately released back into the water. 25. If the specified by-catch has been exceeded, a fisher shall stop fishing in the relevant area or replace fishing gear with other fishing gear, or change the fishing area. Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 6 IV. Fishing-related Prohibitions 26. Fishers are prohibited from: 26.1. using fishing gear without labelling or with such labelling that does not conform to the requirements referred to in Paragraph 34 of these Regulations; 26.2. examining, withdrawing and transporting of fishing gear not owned by such fishers; 26.3. acquiring fish of any species, crayfish and lamprey by using electric current (except the acquisition of fish, crayfish and lamprey with an electric direct current or impulse current electro-fishing device for stock-taking for scientific purposes), stabbing gear, explosives, firearms and chemical substances; 26.4. staying in bodies of water or in close proximity thereof: 26.4.1. with fishing gear the usage of which at the relevant time and area is not permitted or a relevant fishing permit (licence) has not been issued for the utilisation of such gear; or 26.4.2. with fish of any species, crayfish, midge larvae and lamprey the acquisition of which is not permitted at the relevant time and area or the amount of which exceeds the by-catch permitted in these Regulations; 26.5. transporting the catch after fishing from the site of unloading or reloading or sell the caught fish if they have not been sorted and weighed, as well as a corresponding entry has not been made in a fishing logbook; 26.6. registering in a fishing logbook one fish species under the name of other fish species, failing to indicate the name of the fish or making an entry “other fish” or “small fish”; 26.7. arbitrarily transferring the caught fish from one water body into another; 26.8. arbitrarily forming stone layers, dams in laying out fishing gear and from performing other activities that change the natural hydrological regime of the water body; 26.9. utilising nets during fishing: 26.9.1. in (the lakes) Feimaņu Ezers, Lielais Ludzas Ezers, Liepājas Ezers and Papes Ezers – throughout the year; and 26.9.2. in other public lakes that are not referred to in Sub-paragraphs 26.9.1 and 29.4 of these Regulations – during the ice-free fishing season on Saturdays, Sundays and holidays from 24.00 on Friday-Saturday night (or from 24.00 on the night between the relevant working day or Sunday and holiday) until 24.00 on the Sunday-Monday night (or until 24.00 on the night between the last holiday and the next working day). This provision does not apply to the public lakes (parts of lakes) referred to in Annex 3 to these Regulations; 26.10. utilising eel pots for fishing in lake sources during daytime; 26.11. commencing fishing for scientific research and other special purposes if the relevant regional environmental board has not been previously notified thereof; and 26.12. utilising vessels for fishing that are not registered in accordance with the Cabinet regulations regarding the registration of small-size vessels. [23 December 2003; 28 December 2004] V. Times and Areas of Fishing Prohibition 27. It is prohibited to fish and acquire fish of any species in all bodies of water from 16 April to 20 June, except specialised fishing with pots, an eel migration net and a midge larvae Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 7 frame, as well as fishing for scientific research and other special purposes, which takes place in accordance with the requirements specified in Paragraph 9 of these Regulations. [28 December 2004] 28. In addition to the ban specified in Paragraph 27 of these Regulations, it is prohibited to fish and acquire the referred to fish species, crayfish and lamprey during the following time periods: 28.1. salmon and sea trout – throughout the year, except salmon and sea trout catch that has been acquired in non-specialised fishing in (the River) Buļļupe and in the section of (the River) Daugava from its entry into the sea up to the Riga Hydroelectric Power Station during the period from 16 November to 15 April and from 21 June to 14 September; 28.2. brown trout and grayling – throughout the year; 28.3. pike – from 15 March to 15 April; 28.4. lamprey: 28.4.1. in (the River) Daugava – from 1 May to 31 July; 28.4.2. in (the rivers) Brasla, Gauja, Irbe, Lielupe, Saka, Salaca, Užava and Venta – from 1 February to 31 July; and 28.4.3. in other rivers where lamprey fishing is permitted – from 1 February to 31 October; 28.5. whitefish and vendace – from 1 October to 30 November; 28.6. burbot – from 1 February to 30 March; and 28.7. crayfish (noble and narrow-clawed crayfish) – from 1 October to 30 June, but female crayfish with attached eggs – throughout the year. [23 December 2003] 29. It is prohibited to fish (except the specialised eel, lamprey, stickleback and lake smelt fishing) throughout the year in the following areas: 29.1. in all rivers and channels, except (the River) Buļļupe and (the River) Daugava (including the water reservoirs thereof), where fishing is permitted, complying with the restrictions referred to in Sub-paragraphs 29.2, 30.1 and 30.2 of these Regulations; 29.2. in (the River) Daugava: 29.2.1. from its entry into the sea 1 000 m upstream; 29.2.2. from the Ķegums Hydroelectric Power Station 1 000 m downstream; 29.2.3. from the Pļaviņas Hydroelectric Power Station 1 000 m downstream; and 29.2.4. from the Riga Hydroelectric Power Station 700 m downstream; and 29.3. in (the Lake) Lubāna Ezers 100 m in all directions from the Aiviekste sluices; and 29.4. in (the lakes) Alūksnes Ezers, Āraišu Ezers, Babītes Ezers, Balvu Ezers, Cirmas Ezers, Dagdas Ezers, Juglas Ezers, Kaunatas Ezers, Lielauces Ezers, Lielais Nabas Ezers, Lilastes Ezers, Mazais Ludzas Ezers, Mazais Nabas Ezers, Rēzeknes Ezers, Salas Ezers, Slokas Ezers, Viesītes Ezers, Viļakas Ezers, Virtukšņas Ezers and Zosnas Ezers, Dūņezers, Dzirnezers, Ķīšezers, Lielais Baltezers, Lielezers and Mazais Baltezers. [23 December 2003; 28 December 2004] 30. In addition to the areas referred to in Paragraph 29 of these Regulations, it is prohibited to fish in the following areas and time periods: 30.1. in the section of (the River) Daugava from its entry into the sea up to the Riga Hydroelectric Power Station (except specialised lamprey fishing) – from 15 September to 15 November; Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 8 30.2. in (the River) Buļļupe (except specialised lamprey fishing) – from 15 September to 15 November; 30.3. in (the Lake) Lubāna Ezers – from 15 March to 15 April; 30.4. in section of (the Lake) Lubāna Ezers adjacent to the Northern Dam from the entry of (the River) Rēzekne up to the turn of the Dam 1 400 m along the bank and 600 m from the bank into the lake – from 1 October to 15 March; 30.5. [28 December 2004] 30.6. with nets in all public lakes during the ice-free fishing season on Saturdays, Sundays and holidays, except the public lakes (parts of lakes) referred to in Annex 3 to these Regulations and cases where, in accordance with Section 12 of the Fishery Law, it is necessary to carry out fishing for scientific research and fishing for other special purposes. [23 December 2003; 28 December 2004] 31. It is prohibited to lay out fishing gear (except specialised eel fishing with an eel migration net): 31.1. by blocking more than half of the free water area in a water body between any land points, which has not densely overgrown with rushes, reed or other aquatic plants, except specialised fishing with a lamprey weir. No more than two thirds of the free water area may be blocked by a lamprey weir. 31.2. closer than 100 m to the farthermost point of any fishing gear laid out at the opposite bank of the water body, which is projected into the water body; 31.3. closer than 100 m to any fishing gear laid out in any direction in a river, except specialised lamprey fishing; and 31.4. closer than 50 m in all directions from the entries and sources of rivers and channels. [28 December 2004] 32. Laying out of any fishing gear in marked fairways is prohibited. VI. Duties of Fishers 33. In pursuing fishing, a fisher has the following duties: 33.1. in commercial fishing – to keep at hand the fishing permit (licence) and a personal identification document, but in personal consumption fishing – the fishing permit (licence); 33.2. to label fishing gear and designate the location thereof in accordance with the requirements specified in Chapter VII of these Regulations; 33.3. after the hauling in of a catch – to immediately sort the fish and release such fish that exceed the by-catch amount specified in Paragraphs 21, 22 and 23 of these Regulations back into the water; 33.4. after the return to the shore, before the sale or transportation of the fish – to weigh and sort the caught fish according to fish species, as well as register the fishing data in the fishing logbook for inland waters (Annex 1) issued by a regional environmental board; 33.5. to submit the fishing logbook to a regional environmental board by the tenth day of the subsequent month; 33.6. to prevent activities related to fishing, fish processing and fish transportation that cause environmental pollution; 33.7. to provide an opportunity on the basis of contracts for scientific research institutions to carry out biological tests of fish; Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 9 33.8. to send the tags that were attached to the marked fish to the State agency Latvian Fish Resources Agency; 33.9. not to impede authorised officials of the regional environmental board and the State Environmental Service from examining the fishing area, the caught and processed fish, fishing gear and the fishing-related information, and to provide the assistance necessary for the performance of the examination; and 33.10. in fishing with nets in the public lakes (parts of lakes) referred to in Annex 3 to these Regulations during the ice-free fishing season on Saturdays, Sundays and holidays, to observe the following procedures: 33.10.1. to keep at hand a fishing permit (licence) wherein the relevant regional environmental board has made an additional entry regarding permission to fish with nets on Saturdays, Sundays and holidays in the relevant public lake; and 33.10.2. to label the nets in accordance with the requirements referred to in Paragraph 34 of these Regulations and for labelling use flags (except white) each edge of which is not shorter than 40 cm. [23 December 2003; 28 December 2004] VII. Labelling of Fishing Gear and Designation of Locations thereof 34. The following conditions shall be observed in labelling fishing gear and designating the locations thereof; 34.1. the labelling sign of the fishing gear shall be made of a light-colour plastic foam, white metal or other water-resistant material, and the size thereof may not be smaller than 3 x 6 cm; 34.2. the name of the legal person (fishing organisation) or the given name, surname of the natural person and the number of the fishing permit (licence) shall be indicated on the labelling sign; 34.3. fishing gear, which, in conformity with contracts, are utilised for scientific research, shall be additionally labelled with the sign of the relevant research institution; 34.4. the size of the letters and figures and the degree of wear of the inscriptions shall be such that the inscriptions and designations are clearly legible; 34.5. the labelling signs shall be attached: 34.5.1. to a net – at both ends to the upper string not farther than one metre from the ends of the netting; 34.5.2. to a pot without wings – in the middle of the largest bow (bows); 34.5.3. to a pot with wings – at the upper edge of each wing not farther than one metre from the tip; 34.5.4. [23 December 2003] 34.5.5. to a fish seine net and midge larvae frame (screen) – in any visible place; 34.6. the locations of nets shall be designated with buoys or other signs visible above water as follows: 34.6.1. fixed or floating vertical sea marks (poles) with flags in the same colour (except white), each edge of which is not shorter than 20 cm, shall be attached to both ends of the net and both farthermost points of a pot. For sea marks, a labelling sign of the fishing gear shall be additionally attached; and 34.6.2. nets the length of which exceeds 50 m and pots the fence length of which exceeds 50 m shall be designated with buoys after every 50 m, the diameter of which is not less than 15 cm; and Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 10 34.7. in navigable rivers, fishing gear on the right bank of a river shall be additionally labelled with a red buoy, but on the left bank – with a white buoy. [23 December 2003; 28 December 2004] VIII. The Rights and Duties of Institutions Administering Fish Resources and Controlling Fishing 35. Authorised officials of the State Environmental Service in accordance with their competence: 35.1. have the right: 35.1.1. to issue fishing permits (licences) (Annex 4) and extend the period of validity thereof, issue fishing logbooks, register fishers and explain the fishing regulations, as well as examine the knowledge of fishers regarding fishing regulations prior to issuing a fishing permit (licence); 35.1.2. to be present aboard fishing boats and other floating vessels and examine the caught and processed fish, the finished fish products, fishing gear, fishing areas and fishing-related documents, as well as copy out the necessary information from the referred to documents; 35.1.3. to request information from fishers regarding fishing, as well as examine the correctness of completion of the fishing logbooks; and 35.1.4. to eliminate the illegally utilised (including unlabelled) fishing gear, as well as the prohibited fishing gear and means; and 35.2. have a duty: 35.2.1. to submit the fishing logbooks received from fishers to the State agency Latvian Fish Resources Agency by the twentieth day of the subsequent month; 35.2.2. if a fishing permit (licence) is suspended or cancelled – to inform the relevant local government thereof; and 35.2.3. to submit proposals to the Board of Fisheries and the Ministry of Environment regarding the necessary additional measures for the regulation of fishing in bodies of water. [28 December 2004] 36. Local governments, which have an agreement with the Board of Fisheries regarding the management of the fish resources, shall enter into lease contracts for fishing rights in accordance with the fishing limits set by the Board of Fisheries for the relevant bodies of water and the procedures for the utilisation of such fishing limits, and divide the fishing limits among fishers. After co-ordination with the Ministry of Environment, the Board of Fisheries has the right on its own initiative, as well as on the basis of a proposal of the relevant local government, to prohibit commercial fishing and not set fishing limits in public waters where it is necessary to preserve fish resources or carry out activities so that the waters could be utilised for recreation. [28 December 2004] 37. The compliance with these Regulations shall be controlled and supervised by: 37.1. inspectors of the State Environmental Service and specially protected nature territories, as well as by persons authorised by the State Environmental Service; 37.2. officials authorised by a local government, who are entitled to inspect a catch, the gear utilised in fishing in the territory of the relevant local government and, if a violation has been determined – to draw up administrative acts in accordance with their competence Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 11 and send such acts for examination in the relevant competent institution, as well as withdraw illegally acquired fish and illegally utilised fishing gear and means in accordance with the procedures specified by regulatory enactments; and 37.3. the police, local government police, the National Guard, as well as the owners and lessees of the bodies of water who, in accordance with their competence, are entitled to participate in the supervision of fishing in co-operation with the inspectors and authorised persons referred to in Sub-paragraph 37.1 of these Regulations or the officials referred to in Sub-paragraph 37.2 of these Regulations. [28 December 2004] IX. Liability for Violation of These Regulations 38. If, in violating these Regulations, a loss has been caused to fish resources, the State environmental protection institutions (officials) shall determine the amount of the loss for the loss that natural or legal persons have caused by illegally acquiring fish and invertebrates in inland waters. If the loss is not repaid voluntarily, the relevant sum shall be recovered by judicial process, including, providing for an opportunity to specify by a court decision that the person who caused the loss has a duty to clean up the environment. In determining the amount of the loss, the following conditions shall be taken into account: 38.1. the rates specified in Annex 2 to these Regulations shall be applied, except the cases referred to in Sub-paragraph 38.2 of these Regulations; and 38.2. a triple amount of the rates specified in Annex 2 to these Regulations shall be applied for the following violations: 38.2.1. fishing without a fishing permit (licence); 38.2.2. fishing of the relevant fish species during a prohibited time period or in a prohibited area; and/or 38.2.3. utilisation of prohibited fishing gear and methods of fishing, as well as the utilisation of such fishing gear and methods of fishing that have not been indicated in a fishing permit (licence). [2 November 2004; 28 December 2004] 39. Without regard to the applied administrative sanction or criminal penalty, the authorised officials of the State Environmental Service are entitled to cancel an issued fishing permit (licence). Violations of the fishing regulations may be a reason for a refusal to grant fishing limits in the subsequent year or termination of a lease contract for fishing rights. If a person has caused a loss to fish resources, it may be specified by a court decision that such person has a duty to clean up the environment in order to compensate for such loss. [28 December 2004] 40. At the request of a regional environmental board and the authorised officials of the State Environmental Service, the fishing gear and floating objects that have been used in order to illegally acquire fish, as well as the caught fish to the place of sale or storage thereof shall be transported by the violator of these Regulations. [28 December 2004] Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 12 X. Closing Provisions 41. Cabinet Regulation No. 261 of 21 July 1998, Regulations for Commercial Fishing in the Inland Waters of the Republic of Latvia (Latvijas Vēstnesis, 1998, No. 217/218), is repealed. 42. Cabinet Regulation No. 181 of 15 April 2003, Regulations regarding Additional Prohibitions on Commercial Fishing in Public Rivers (River Sections) and Public Lakes on Saturdays, Sundays and Holidays, is repealed. [23 December 2003] 43. [28 December 2004] 44. Paragraph 13 of the Regulations in respect to the prohibition to utilise fish nets in non specialised fishing in (the rivers) Buļļupe and Daugava (including the water reservoirs thereof) shall come into force as of 16 April 2005. [28 December 2004] Prime Minister A. Bērziņš Minister for Agriculture A. Slakteris Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 13 Annex 1 Cabinet Regulation No. 3 2 January 2001 Fishing Logbook for Inland Waters No. year (month) Fishing area (water body or river section) (local government) Owner of the Fishing Permit (name of the undertaking or the given name, surname of the fisher) Fishing Permit No. The logbook was issued by the Ministry of Environment regional environmental board (position) (given name, surname) (signature) 20 Logbook Completion Requirements 1. The logbook shall be submitted to the issuer by the tenth date of the subsequent month. 2. The dates when fishing gear was placed in the water, when an examination thereof has been done during fishing and the fishing gear was taken out of the water shall be indicated in the logbook. 3. The dates of fishing gear placement shall be entered into the logbook prior to commencing the fishing. 4. The number of days when fishing gear has been in the water (a period of up to 24 hours shall be considered one day of fishing) shall be indicated opposite the date, but in seine net fishing – the number of times a day the seine net has been pulled shall be indicated. 5. The catch of fish (in kilograms) separately by fish species shall be indicated every time fishing gear is examined and hauled out. 6. In the description of the fishing gear, the following shall be indicated: 6.1. the total length of nets in metres, the number thereof, the minimum and the maximum mesh size; 6.2. the number of pots, the length of a fence or wings and the mesh size in a cod-end; Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 14 6.3. the mouth of a seine net and the mesh size in a cod-end; and/or 6.4. the number of eel hooks. Date Fishing gear Catch separately by species (kg) Total description (kg) Owner of the Fishing Permit (signature) Notes of the inspector Minister for Agriculture A. Slakteris Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 15 Annex 2 Cabinet Regulation No. 3 2 January 2001 Rates for the Calculation of the Sum to be recovered for Loss that Natural or Legal Persons have caused by Illegally Acquiring Fish and Invertebrates in Inland Waters No. Fish species or species of water invertebrates Compensation for losses (in LVL) Measureme nt unit 1. Salmon, sea trout 32.50 1 piece 2. Catfish, brown trout and rainbow trout 7.50 1 piece 3. whitefish, pike-perch, eel 5.00 1 piece 4. Ide, carp, vendace, asp, chub, burbot, vimba bream 1.50 1 piece 5. Tench, freshwater bream, lamprey, noble crayfish and narrow-clawed crayfish 1.00 1 piece 6. Fish roe 10.00 100 g 7. Grayling 17.00 1 piece 8. Pike 5.00 1 piece 9. Fish of other species 0.20 1 piece 10. Midge larvae, amphipods 1.50 100 g [2 November 2004] Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 16 Annex 3 Cabinet Regulation No. 3 2 January 2001 Public Lakes (Parts of Lakes) in which Fishing with Nets is Permitted During the Ice free Fishing Season on Saturdays, Sundays and Holidays No. Public lake (part of lake) Local government (governments) in the administrative territory of which the lake (part of lake) is located 1 2 3 1. (the Lake) Durbes Ezers Dunalka Parish, Tadaiķu Parish, Durbe Town with Rural Area 2. (the Lake) Lielais Ludzas Ezers Zvirgzdenes Parish 3. (the Lake) Liepājas Ezers Liepāja City, Grobiņas Parish, Nīcas Parish, Otaņķu Parish 4. (the Lake) Lubāna Ezers Nagļu Parish, Gaigalavas Parish, Ošupes Parish, Barkavas Parish 5. (the Lake) Rāznas (Rēznas) Ezers Kaunatas Parish, Čornajas Parish, Mākoņkalna Parish 6. (the Lake) Rustēga (Unguru) Ezers Raiskuma Parish 7. (the Lake) Rušona (Cīruļu) Ezers Kastuļinas Parish, Rušonas Parish, Feimaņu Parish 8. (the Lake) Sīvera Ezers Aulejas Parish, Skaistas Parish 9. (the Lake) Usmas Ezers Usmas Parish [23 December 2003] Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 17 Annex 4 Cabinet Regulation No. 3 2 January 2001 (lesser State coat of arms) (name, address of the State institution) FISHING PERMIT (LICENCE) FOR FISHING IN INLAND WATERS FISHING PERMIT No. ............................................................................................................................................. Photograph (only for personal consumption fishing) Method of fishing (personal consumption or commercial fishing) Issued to , (for commercial fishing – the name, registration number of the legal person or the given name, surname, registration number of the individual merchant and the number of the special permit (licence) for commercial activities in fishery; for personal consumption fishing – the given name, surname and personal identity number of the natural person (fisher)) on the basis of ............................................................................................................................................ (the number and date of the lease contract for commercial fishing rights or a reference regarding private fishing rights) Fishing Permit valid from 20 to 20 for fishing in , (water body or a part thereof) located in (the administrative territory of the local government) It is permitted to utilise the following fishing gear in fishing: (name, quantity) with the following labelling ............................................................................................................................................. (labelling sign) Issuer of the Fishing Permit ............................................................................................................................................. (position, given name and surname of the official) Fishing Permit received by: ............................................................................................................................................ (for a legal person, individual merchant – the given name, surname of the responsible person; for a fisher in personal consumption fishing – the initials of the given name, surname and address) 20 ............................................................................................................................................ (date) (signature of the Fishing Permit recipient) Seal [28 December 2004]