Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
1 October 1997 [shall come
into force on 4 November 1997];
29 October 1998 [shall come into force on 18 November
1998];
17 February 2000 [shall come into force on 17 March
2000];
18 October 2001[shall come into force on 20 November
2001];
19 June 2003 [shall come into force on 24 July
2003];
30 October 2003 [shall come into force on 1 January
2004];
30 September 2004 [shall come into force on 27 October
2004];
26 May 2005 [shall come into force on 24 June
2005];
9 October 2008 [shall come into force on 1 January
2009];
1 December 2009 [shall come into force on 1 January
2010];
16 June 2010 [shall come into force on 20 July
2010];
16 December 2010 [shall come into force on 1 January
2011];
29 May 2014 [shall come into force on 26 June
2014];
24 October 2019 [shall come into force on 20 November
2019];
16 September 2021 [shall come into force on 5 October
2021];
24 March 2022 [shall come into force on 21 April
2022].
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 the Law
The terms used in the 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, use, research, conserve, and propagate such fish
resources. Such rights of Republic of Latvia 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 using 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 on behalf of which the fishing is performed;
6) towpath - a strip of land along a coastline intended
for activities in connection with fishing or shipping and for
pedestrians;
7) angling, crayfish catching and underwater hunting -
exercising of angling, crayfish catching or underwater hunting
rights provided for a natural person in accordance with the
procedures laid down in the laws and regulations governing the
exercising of fishing rights for the purpose of recreation,
sports or other purpose for the harvesting of fish or crayfish
for his or her own consumption with the gear laid down in the
relevant laws and regulations without any right to offer the
harvested fish or crayfish on the market, to sell it or transfer
to other persons for the acquisition of benefit;
8) industrial fishing - activities for the purpose of
catching fish, using industrial fishing gear;
9) commercial fishing - exercising of fishing rights
specified for a merchant in accordance with the procedures laid
down in the laws and regulations governing the exercising of
fishing rights for the purpose to acquire, to offer on the market
or to sell fish in order to gain profit by using the fishing
limit laid down in the laws and regulations governing fishery
(the number, type of industrial fishing gear, the amount of
catch);
10) self-consumption fishing - exercising of fishing
rights specified for a natural person in accordance with the
procedures laid down in the laws and regulations governing the
exercising of fishing rights for the purpose to acquire fish for
personal consumption without any right to offer it on the market,
to sell or transfer to other persons for the acquisition of
benefit by using the fishing limit of restricted amount laid down
in the laws and regulations governing fishery (the number, type
of industrial fishing gear, the amount of catch).
[19 June 2003; 30 September 2004; 29 May 2014]
Section 2. Purpose and Scope of the
Law
(1) Purpose of this Law is such management of inland waters,
territorial marine waters (hereinafter - the territorial waters),
and economic zone waters of the Republic of Latvia which, by
taking into account the necessity of biodiversity preservation,
ensures sustainable use of fish resources, protection,
propagation, and research thereof for the long-term development
of the State fishery sector.
(2) This Law governs the catching, use, research,
conservation, propagation, and monitoring of fish resources in
inland waters, the territorial waters, and economic zone waters
of the Republic of Latvia.
(3) 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 governed by
relevant European Union legislation and international agreements
which the Republic of Latvia has entered into.
[17 February 2000; 30 September 2004; 29 May 2014]
Section 3. Management of Fish
Resources
(1) Fish resources in the inland waters and in territorial
waters of the Republic of Latvia shall be managed by the
State.
(2) Fish resources shall be managed on the basis of research
thereof, expert assessment, and scientifically justified
recommendations.
[18 October 2001; 30 September 2004; 26 May 2005; 9 October
2008; 29 May 2014]
Section 4. Use of Fish Resources
(1) Fish resources of the inland waters of the Republic of
Latvia shall be used in accordance with the laws and regulations
of Latvia. In the territorial waters, economic zone waters and
waters traversed by the State border, the fish resources shall be
used in accordance with the laws and regulations of Latvia,
European Union legislation, and international agreements entered
into by the Republic of Latvia.
(2) Property rights to fish which are caught using fish
resources shall be determined in accordance with the Civil Law,
as well as observing the fishing rights specified for Member
States of the European Union in European Union legislation.
(3) If fish is grown and harvested as a result of specialised
pisciculture and artificial propagation, including in private
lakes adjusted for artificial propagation of fish where fishing
rights are not owned by the State, then such fish shall be owned
by the relevant legal or natural persons.
[30 September 2004; 29 May 2014]
Chapter II
Management of Fish Resources and Fishing
[18 October 2001]
Section 5. Functions of State and
Local Government Authorities in the Management of Fish
Resources
(1) The Ministry of Agriculture shall determine fisheries
sector policy in the field of management of fish resources,
ensure development of legal acts of the sector and supervise
sustainable use of fish resources of inland waters, territorial
waters and economic zone waters of the Republic of Latvia and
implementation of the European Union common fisheries policy.
(2) Survey of fish resources, assessment, development of
scientifically justified recommendations and fishery
expert-examinations shall, upon request of the State, local
government or legal persons and natural persons, be performed by
the State scientific institute "Institute of Food Safety, Animal
Health and Environment "BIOR"" (hereinafter - the Institute) or
other legal persons the by-laws of which stipulate such activity
and research results and conclusions of which shall be evaluated
by the Institute. The requirements for the content of
scientifically justified recommendations shall be determined in
the relevant laws and regulations governing the exercising of
fishing rights and management of fish resources.
(3) The Ministry of Agriculture in accordance with the
procedures laid down in the laws and regulations governing the
fisheries shall organise the exercising of the fishing rights
owned by the State in territorial waters, economic zone waters
and within the competence thereof also in waters of other
European Union Member States and international waters, where the
catch quota has been allocated for the Republic of Latvia, or in
waters of the third countries with which the European Community
has entered into agreements in the field of fisheries.
(4) A local government in accordance with the procedures laid
down in the laws and regulations governing the fisheries organise
the exercising of the fishing rights owned by the State and
manage the exercising of private fishing rights in waters which
are located in the administrative territory of the local
government or are adjacent thereto. The exercising of the fishing
rights in inland 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.
(5) In order to develop co-operation of the State authorities,
local governments and interested non-governmental organisations
involved in the management of fish resources, to ensure
consulting possibilities and thus provide contribution and
improve sustainable use of the resources of inland and coastal
waters of the Republic of Latvia, the Advisory Council for
sustainable use and management of the resources of inland waters
and coastal waters of the Republic of Latvia is established. The
by-laws of this Council shall be approved by the Cabinet.
[9 October 2008; 1 December 2009; 16 June 2010; 29 May
2014]
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 to 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 to the Civil Law), including those waters to
which Annexes 1, 2, and 3 to the Civil Law do not apply but which
are also not in private ownership;
3) private waters to which Annexes 2 and 3 to the Civil Law do
not apply and regarding which the fishing rights belong to the
owners of the waters and shall be exercised in accordance with
laws and regulations 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 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 exercised in accordance with laws and regulations in
force.
(4) Fishing rights in public rivers belong to each coastal
land owner, in that part of the waters along the boundary of the
property of the owner which is closer to their land than the land
of another owner, and shall be used in accordance with laws and
regulations in force.
(5) Fishing rights in private waters (except in regard to
those referred to in Annexes 2 and 3 to the Civil Law) belong to
the owners of the waters, and such rights shall be exercised in
accordance with laws and regulations in force.
(6) The industrial fishing rights referred to in this Section
may be exercised if the catch limits or the part of the limit of
fishing gear for industrial fishing is unused as well as if
industrial fishing locations are available in the relevant waters
or part of them.
(7) Angling, crayfish catching and underwater hunting rights
shall be exercised in accordance with Section 10 of this Law.
[17 February 2000; 30 September 2004; 29 May 2014]
Section 7. Transfer of Fishing
Rights
(1) [9 October 2008]
(2) State and local government authorities in accordance with
procedures laid down by the laws and regulations governing
fishery may transfer (lease) fishing rights owned by the State to
such persons as who perform self-consumption fishing or who have
obtained a special permit (licence) for commercial activities in
the relevant waters. The Cabinet shall issue regulations
regarding the procedures for issuing a special permit (licence)
for commercial activity in fishery, and also the amount and
procedures for payment of the State fee to be paid for issuing a
special permit (licence).
(3) Owner 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) A local government in the administrative territory of
which the relevant body of water is located shall issue binding
regulations on provisions for use of the body of water which are
an integral part of the lease agreement of the body of water, in
which all issues related to fishing, angling, crayfish catching,
underwater hunting and other economic activities, and also
environmental protection and protection and renewal of fish
resources are stipulated. Fishing rights for commercial fishing
and self-consumption fishing in bodies of water may be leased
separately or included in a lease agreement of the body of water,
if the lease of the body of water provides fishing of the
relevant type. When leasing public rivers (sections of rivers)
and public lakes, provisions for ensuring angling possibilities
shall be stipulated.
(5) The 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 which operate
in the relevant local government territory, are associated with
commercial fishing or are engaged in restocking and propagation
of fish resources, have complied with the provisions of a
previously entered into agreement, and have complied with
regulations governing fishing. The relevant local government is
entitled to lease a part of the fishing rights for
self-consumption fishing to natural persons whose declared place
of residence or owned immovable property is located in the
administrative territory of this local government, by taking into
account the provision that in public waters which are specified
in Annex 1 to the Civil Law, only fish pot limit may be allocated
for such fishing.
(7) The leased fishing rights shall not be transferred to
other legal or natural persons.
(8) The Cabinet shall approve the form of agreement for a
lease of fishing rights.
[1 October 1997; 18 October 2001; 30 September 2004; 26 May
2005; 9 October 2008; 16 June 2010; 29 May 2014 / The second
sentence of Paragraph six by which it is determined that the
relevant local government is entitled to allocate only fish pot
limit for lease of the fishing rights for self-consumption
fishing in public waters which are specified in Annex 1 to the
Civil Law shall be applicable from 1 January 2015. See Paragraph
23 of Transitional Provisions]
Section 8. Termination of the
Exercising of Leased Fishing Rights
(1) The exercising of leased fishing rights may be terminated
if:
1) the lessee of fishing rights does not fulfil the provisions
of the agreement;
2) the lessee of fishing rights violates the laws and
regulations in force governing fishing;
3) the lessee of fishing rights violates the provisions of
Section 7, Paragraph seven of this Law;
4) the opinion of the Ministry of Environmental Protection and
Regional Development or recommendations of the Institute provides
for termination of the fishing rights.
(2) If the lessor and the lessee are not able to agree on the
conditions for terminating the leasing agreement, the exercising
of fishing rights in the cases referred to in Paragraph one,
Clauses 1 and 2 of this Section shall be terminated on the basis
of a court judgment.
(3) The exercising of fishing rights, in the cases referred to
in Paragraph one, Clauses 3 and 4 of this Section, shall be
terminated by a unilateral decision of the Ministry of
Agriculture or the relevant local government upon recommendation
of the Ministry of Environmental Protection and Regional
Development, the State Environment Service, and this decision
shall enter into effect in accordance with the procedures laid
down 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; 9 October 2008; 1 December 2009; 16
December 2010]
Section 9. Towpath
(1) A towpath shall be determined along the shores of waters
for exercising of fishing rights or shipping and other related
activities. A towpath is not required to be determined if the
private waters in their entirety and the part of 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,
hydrotechnical structures and other structures on the water (an
artificially constructed towpath) shall be determined according
to 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
regulations.
(6) The use of a towpath free of charge without prior
co-ordination with the landowner shall be provided for:
1) pedestrians;
2) the monitoring and research of fish resources and
waters;
3) the guarding of borders;
4) the performing of environmental protection, fire safety and
rescue measures.
(7) After co-ordination with the landowner at the towpath it
is permitted:
1) to moor boats and ships (except for boats and ships of the
fishing supervisory services if they are used for the fulfilment
of service duties), unload their cargo and store them
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;
4) to install water tourist camps.
(8) The activities referred to in Paragraphs six and seven of
this Section may be engaged in, provided environmental protection
norms are conformed to, but, in respect of water bodies at
borders, also the requirements of the regime regarding State
borders. It is allowed to winter, construct and repair boats and
ships, and also to set up fishing and water tourist camps in the
coastal towpath of the Baltic Sea and the Gulf of Riga, if it is
not in contradiction with spatial planning of a local
government.
(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;
3) along the seacoast - 20 metres.
(10) The Ministry of Agriculture 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;
3) along the seacoast, from the place reached by the highest
sea waves.
(13) In coastal cities or heavily populated areas, for
exercising of fishing rights and shipping (if such is permitted
there) the towpath shall be used in conformity 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
use 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 coastlines are
constructed in cities and heavily populated areas, the relevant
local government has an obligation to construct, in lieu of a
towpath, berths of suitable length and width for the requirements
of exercising of fishing rights (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 expropriation 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; 9 October 2008; 1 December 2009; 29 May
2014]
Chapter III
Fishing
Section 10. Angling, Crayfish
Catching and Underwater Hunting
(1) A natural person, by taking into account the regulations
governing angling and crayfish catching, is entitled to exercise
angling or crayfish catching rights laid down for him or her in
all waters of the Republic of Latvia, unless any of the types of
fish or crayfish harvesting is prohibited, except for lakes which
are in private ownership and where fishing rights are not owned
by the State.
(2) A natural person, by taking into account the regulations
governing underwater hunting, is entitled to exercise the rights
of underwater hunting laid down for him or her in coastal waters
of the Baltic Sea and the Gulf of Riga, in private lakes where it
is allowed in conformity with the provisions of Paragraph three
of this Section, and also in such waters where in accordance with
that laid down in Paragraphs four and five of this Section a
licensed underwater hunting is introduced. The Cabinet, by
issuing the regulations referred to in Section 13, Paragraph one,
Clause 3 of this Law, is entitled to determine also other waters
than referred to in this Paragraph where underwater hunting is
permitted.
(3) An owner who owns a private lake where fishing rights are
not owned by the State shall place a relevant sign regarding the
private property by the lake, and angling, crayfish catching and
underwater hunting therein in conformity with angling, crayfish
catching and underwater hunting regulations or in the case
referred to in Paragraph four of this Section in conformity with
licensed angling, crayfish catching and underwater hunting may
take place only with the permission of the owner.
(4) If harvesting amount or harvesting gear limit or
procedures for the harvesting of fish and crayfish are
permanently or temporarily determined in respect of valuable fish
and crayfish species in certain waters or part thereof for
angling, crayfish catching or underwater hunting which differ
from the procedures provided for in the angling, crayfish
catching and underwater hunting, the angling, crayfish catching
and underwater hunting rights may be exercised therein only with
special permits (licences), by taking into account the provisions
of the by-laws of the licensed angling, crayfish catching and
underwater hunting developed for a particular body of water in
accordance with the laws and regulations regarding licensed
fishing, licensed crayfish catching and licensed underwater
hunting.
(5) A local government shall issue binding regulations
regarding licensed angling, licensed crayfish catching or
licensed underwater hunting in the waters situated in the
administrative territory thereof, if in accordance with the laws
and regulations regarding licensed angling, licensed crayfish
catching and licensed underwater hunting the exercising of
angling, crayfish catching or underwater hunting rights is
intended in these waters with special permits (licences).
(6) The provisions of this Section shall not be applied to the
harvesting of fish and crayfish in waters which are used only for
specialised pisciculture and artificial propagation of fish,
including lakes adjusted for artificial propagation of fish where
the fishing rights are not owned by the State.
[29 May 2014]
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 State or local government authority regarding
transfer (leasing) of fishing rights and by obtaining a fishing
permit (licence), or without entering into a fishing rights
leasing agreement, if the fishing is performed in accordance with
the Cabinet regulations regarding licensed industrial 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 laws and regulations of the relevant Member
State of the European Union.
(2) Priority for receiving a fishing permit (licence) shall be
given to such commercial company or individual merchant who
operates in the relevant local government territory and is
associated with commercial fishing, as well as to the resident of
the relevant local government engaged in self-consumption fishing
if the commercial company, individual merchant or the resident of
the relevant local government have complied with regulations
governing fishing.
(3) The State Environmental Service shall, in conformity with
the industrial fishing rights leasing agreements entered into by
the Ministry of Agriculture and the allocated fishing limits,
issue a fishing permit (licence) to fishermen for fishing in
international waters, and also a fishing permit (licence) for
fishing for special purposes (pisciculture, acclimatisation,
monitoring fishery, ameliorative and other fishing type) and for
scientific research purposes in all waters where it takes place
in accordance with the laws and regulations governing the field
of fisheries. According to the industrial fishing rights leasing
agreements entered into and the allocated fishing limits, the
Ministry of Agriculture shall issue an additional authorisation
(special permit) and a fishing permit (licence) to fishermen for
fishing in the Baltic Sea and the Gulf of Riga outside coastal
waters, and local governments shall issue a fishing permit
(licence) to fishermen for fishing in inland waters of the
Republic of Latvia and the coastal waters of the Baltic Sea and
the Gulf of Riga.
(4) Total allowable catch amount allocated for the Republic of
Latvia in territorial waters and economic zone waters, and also
in the waters of other European Union Member States and
international waters or in waters of those third countries with
which the European Union has entered into agreements in the field
of fisheries is determined in the European Union legislation.
Total permissible catch amount (catch quota) in the territorial
waters of the Republic of Latvia and economic zone waters shall
be distributed for fishing in the coastal waters of the Baltic
Sea and the Gulf or Riga and for fishing outside coastal waters.
Distribution of waters in coastal waters and waters behind
coastal waters shall be determined in conformity with the norms
laid down in the Cabinet regulations regarding industrial fishing
in territorial waters and economic zone waters. The following
amount of catch shall be allocated for coastal fishing from the
total allowable catch amount laid down for the Republic of
Latvia:
1) for sprat fishing in the Baltic Sea - not less than 0.04
per cent;
2) for sprat fishing in the Gulf of Riga - not less than 0.6
per cent;
3) for salmon fishing - not less than 6 per cent;
4) for cod fishing in the Eastern Baltic Sea - not less than 3
per cent;
5) for herring fishing in the Baltic Sea - not less than 4 per
cent;
6) for herring fishing in the Gulf of Riga - not less than 15
per cent.
(41) The total limit for the amount of catch, the
limit for the amount of catch for certain fish species and the
limit for the number of fishing gear in distribution by water
bodies in inland waters of the Republic of Latvia and the
procedures for use thereof shall be determined by the
Cabinet.
(42) The limit for the number of fishing gear or
limit for the amount of catch to be allocated for the coastal
waters of the Baltic Sea and the Gulf of Riga which refers to
local governments the administrative territories of which borders
with these waters, and also the procedures for the use of these
limits, by taking into account Paragraph four of this Section and
in accordance with the legal acts governing the fisheries of the
European Union, shall be determined by the Cabinet.
(43) The Institute shall ensure provision of a
scientific justification for the total limit for the amount of
catch, the limit for the amount of catch for certain fish species
and limit for fishing gear in the development of draft laws and
regulations provided for in Paragraph 4.1 of this
Section and provision of scientific justification for the
determination of total limit for the amount of catch and limit
for fishing gear in the development of draft laws and regulations
provided for in Paragraph 4.2 of this Section.
(44) The Institute in conformity with the
competence thereof shall draw up an assessment report each year
regarding the possibilities of use of the amount of catch laid
down for the coastal waters of the Baltic Sea and the Gulf of
Riga and until 15 October submit it to the Ministry of
Agriculture. If it is indicated in the report that the amount of
catch laid down for the coastal waters of the Baltic Sea and the
Gulf of Riga will not be used completely until the end of the
current year, the Ministry of Agriculture shall allocate the
non-used amount of catch in the relevant year for fishing behind
the coastal waters.
(5) The fishing limit for legal and natural persons may be
determined as amount of catch, the number and type of fishing
vessels or fishing gear, and also as fishing periods or number of
fishing days.
(51) The Ministry of Agriculture shall allocate the
fishing limit for legal and natural persons for exercising of
leased fishing rights in the Baltic Sean and the Gulf of Riga
behind the coastal waters, and also in waters of other European
Union Member States and in international waters or in waters of
the third countries with which the European Community has entered
into agreements in the field of fisheries.
(52) A local government shall allocate the limit
for the number of fishing gear for legal persons and natural
persons for exercising of leased fishing rights or the limit for
the amount of catch in the coastal waters of the Baltic Sea and
the Gulf of Riga and the limit for the number of fishing gear,
and also the limit for the amount of catch for certain fish
species in inland waters of the Republic of Latvia.
(6) If the allowable amount of catch, the number of fishing
gear or the number of industrial fishing locations is not
sufficient in the relevant waters or a part 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 Section 7, Paragraph six of
this Law, priority is to be given for fishing in the relevant
waters or a part of them (closed auction), or for all interested
parties (open auction) for the remainder of the catch amount and
remaining number of fishing gear and 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 of this Section shall not be applied to the
harvesting of fish and crayfish in waters which are used only for
specialised pisciculture and artificial propagation of fish,
including lakes adjusted for artificial propagation of fish where
the fishing rights are not owned by the State.
[1 October 1997; 17 February 2000; 18 October 2001; 19 June
2003; 30 September 2004; 26 May 2005; 9 October 2008; 1 December
2009; 16 June 2010; 29 May 2014; 24 October 2019 / The new
wording of Paragraph three shall come into force on 1 July 2020.
See Paragraph 27 of Transitional Provisions]
Section 12. Fishing for Special
Purposes and for Scientific Research Purposes
(1) Fishing for special purposes (pisciculture,
acclimatisation, monitoring fishery, ameliorative and other
fishing type) and for scientific research purposes shall be
carried out on the basis of the provisions for use of the body of
water co-ordinated in the Institute and the Ministry of
Environmental Protection and Regional Development, fisheries
programmes or projects which are justified with scientific
recommendations which determine the necessity for such fishing.
The fisheries programmes for fishing for special purposes and for
scientific research purposes which in accordance with scientific
recommendations are intended to be carried out for ensuring of
operation and functions of the Institute shall be additionally
co-ordinated with the Ministry of Agriculture. It is allowed to
use only the fishing gear intended in the particular fisheries
programme or project for the harvesting of fish species provided
for in the programme or project. When carrying out such fishing
the prohibitions laid down in conformity with the laws and
regulations governing fisheries in respect of the harvesting of
fish species not referred to in the project or programme shall be
taken into account.
(2) In public waters and waters where the fishing rights are
owned by the State, the fishing for special purposes and for
scientific research purposes shall be carried out after
application to the State Environmental Service and on the basis
of work schedule which is co-ordinated with a local government in
the administrative territory of which and to which the relevant
waters are adjacent, but in private waters where the fishing
rights are not owned by the State - on the basis of the work
schedule which is co-ordinated with the owner of waters.
(3) Prior to commencing fishing for special purposes or for
scientific research purposes, the performer thereof shall inform
the relevant State Environmental Service.
(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.
(5) The amount (limit) of fishing gear to be used for fishing
for special purposes shall not be counted in the total amount
(limit) of fishing gear.
(6) The amount (limit) of fishing gear to be used for fishing
for scientific research purposes shall be counted in the total
amount (limit) of fishing gear, if the fishing is carried out in
the coastal waters of the Baltic Sea and the Gulf of Riga and
inland waters, except the cases when fishing is carried out by
the Institute or other scientific research institution.
[19 June 2003; 30 September 2004; 9 October 2008; 1 December
2009; 16 June 2010; 16 December 2010; 29 May 2014]
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
(landing, transporting, marketing, storing, and processing):
1) regulations regarding industrial fishing in territorial
waters and economic zone waters;
2) regulations regarding industrial fishing in inland
waters;
3) angling, crayfish catching and underwater hunting
regulations;
4) regulations regarding the control of fish landing;
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 industrial 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
industrial fishing;
4) regulations regarding the procedures for licensed angling,
crayfish catching and underwater hunting.
[17 February 2000; 29 May 2014]
Chapter IV
Catch Statistics, Regulation of Fishing, and Restrictions
Section 14. Obligation to Provide
Information about Activities Related to Fishing
(1) Legal 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 industrial fishing regulations. If a ship
registered in the third country is owned by a legal or natural
person and such person is engaged in fishing or he or she owns
the shares (stocks) of such commercial company which owns a ship
registered in the third country and such commercial company is
engaged in fishing, the abovementioned person, and also an
employed person who is performing activities related to fisheries
on the ship registered in the third country, shall inform the
State Environmental Service thereof within a month after
commencement of fishing activities of the ship or employment
relations.
(2) Information regarding fishing, fishing infringements, fish
landing, fish prices, lists of fishing vessels, and fishermen and
fish buyers registration shall be compiled in the Latvian
fisheries integrated control and information system which is
registered in the State information system register. The
information required for ensuring system database shall be
provided by the State Environmental Service, the Road Traffic
Safety Directorate, the Latvian Maritime Administration, and the
Institute.
(3) The Ministry of Agriculture shall co-ordinate the sending
of the information referred to in Paragraph two of this Section
to the relevant European Union authorities in accordance with the
requirements of European Union legislation, and also shall
supervise the conformity of the total engine power and total
tonnage of fishing vessels in Latvia to the European Union Member
State specified reference level.
(4) The Ministry of Agriculture shall ensure that the
information laid down in Paragraph two of this Section and
compiled in the information system, and also information compiled
by the State Environmental Service, Rural Support Service, local
governments and the Institute regarding use of fish resources,
including information regarding angling, crayfish catching and
underwater hunting, leased and exercised industrial fishing
rights and lease of public water bodies, shall be publicly
accessible in conformity with the laws and regulations regarding
freedom of information on the website of the Ministry of
Agriculture and institution subordinated thereto.
[17 February 2000; 30 September 2004; 26 May 2005; 9
October 2008; 1 December 2009; 16 June 2010; 29 May 2014]
Section 15. Regulation of
Fishing
(1) Industrial fishing in waters of the Republic of Latvia
shall be governed by determining the annual total allowable
volume of catch, the number and type of fishing vessels, the
number of fishing gear and its type, as well as other regulatory
measures for fishing, on the basis of scientific expert opinion
and scientific recommendations, recommendations of international
fishery organisations, the requirements of European Union
legislation and industrial fishing regulations.
(2) The regulations referred to in Section 13, Paragraph one,
Clause 3 of this Law shall govern the procedures for exercising
of angling, crayfish catching and underwater hunting rights by a
natural person, and also using of angling, crayfish catching and
underwater hunting gear, conditions, place and time for use
thereof, where and when the harvesting of fish and crayfish is
prohibited, allowable catch amount, fish and crayfish length,
obligations and responsibility of an angler, crayfish catcher and
underwater hunter, and also shall determine in what cases and
within what deviation limits a local government may determine
additional provisions for the procedures for harvesting fish and
crayfish within the waters existing in the administrative
territory thereof. Special requirements for use of crayfish
catching and underwater hunting gear shall be indicated in
separate Chapters of the abovementioned regulations.
(3) The regulations referred to in Section 13, Paragraph two,
Clause 4 of this Law shall govern the introduction of licensed
angling, licensed crayfish catching and licensed underwater
hunting, obligations of the organiser, control requirements
thereof, the procedures for determining fee for licences and
distribution of financial means obtained from the license sale,
and also the requirements for the development of the by-laws for
licensed angling, licensed crayfish catching or licensed
underwater hunting and the procedures for co-ordination and
approval of such by-laws.
[1 October 1997; 17 February 2000; 30 September 2004; 29
May 2014]
Section 16. Restrictions of
Exercising of Fishing Rights
(1) In order to ensure the conservation and protection of fish
resources, the Ministry of Agriculture, on the basis of the
requirements of European Union legislation, and also the
scientific recommendations or recommendations of the Nature
Conservation Agency and after co-ordination with the Ministry of
Environmental Protection and Regional Development, may determine
measures governing the exercising of the fishing, angling,
crayfish catching and underwater hunting rights for a specific
period of time, restrict or determine total suspension of the
exercising of fishing rights in particular waters or parts
thereof, and propose the suspension of such activity in waters
and towpath that 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, and also determine measures to regulate and
limit the harvesting of fish and crayfish in waters or parts
thereof, where fishing is performed in order to fulfil a public
procurement 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 governed 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: in Alūksnes ezers, Āraišu ezers, Babītes ezers, Bolvu
ezers, Cirma, Dagdas ezers, Dūņezers in Ādaži municipality,
Dzirnezers, Juglas ezers, Kaunatas ezers, Kovšu ezers, Ķīšezers,
Lielais Baltezers, Lielais Nabas ezers, Lielauces ezers, Līlastes
ezers, Limbažu Lielezers, Mazais Baltezers, Mazais Ludzas ezers,
Mazais Nabas ezers, Salu ezers (Baznīcas ezers), Slokas ezers,
Viesītes ezers, Viertiukšnis, Viļakas ezers, and Zosnas ezers.
Industrial fishing with nets is prohibited in the following
public lakes: in Freimaņu ezers, Lielais Ludzas ezers, Liepājas
ezers, and Papes ezers.
(4) Industrial fishing, except for specialised fishing of
eels, lampreys and sticklebacks, and fishing for special purposes
and 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 and the Cabinet regulations regarding industrial
fishing limits and procedures for use thereof in inland
waters.
(5) A local government may prohibit industrial fishing upon
receipt of the assessment of experts of the Institute and
co-ordination with the Ministry of Agriculture and the Ministry
of Environmental Protection and Regional Development, in order to
preserve fish resources, and also to develop the activities to be
carried out for recreation purposes in public waters (Annex 1 to
the Civil Law) which are located in the administrative territory
thereof.
(6) A decision on determining measures, restrictions or
prohibitions provided for in Paragraph one and five of this
Section shall enter into effect in accordance with the procedures
laid down in the Administrative Procedure Law. A submission or
application regarding the dispute or appeal of a decision shall
not suspend the operation thereof.
(7) In order to prevent non-regulated use of fishing gear in
the waters or the Republic of Latvia, the Cabinet shall issue
regulations regarding trade and circulation of the fishing
nets.
[19 June 2003; 30 September 2004; 26 May 2004; 9 October
2008; 1 December 2009; 16 June 2010; 16 December 2010; 29 May
2014; 16 September 2021]
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 laws and
regulations.
(2) Fishing methods, gear and means other than provided for in
the regulations regarding relevant type of fishing may be allowed
to be used for fishing for special purposes (pisciculture,
acclimatisation, monitoring fishery, ameliorative and other
fishing type) and for scientific research purposes upon
co-ordination with the Ministry of Agriculture and the Ministry
of Environmental Protection and Regional Development, by
indicating them in a fishing permit (licence). If fishing is
intended in waters which are located in the administrative
territory of the relevant local government, such fishing shall be
co-ordinated also with the relevant local government.
(3) It is prohibited to use a seine for industrial fishing in
water bodies located in specially protected nature territories,
unless in accordance with Section 12 of this Law it is necessary
to perform fishing for special purposes and for scientific
research purposes. In other water bodies fishing with a seine
shall be carried out upon proposal of those local governments in
the administrative territory of which the body of water is
located, by taking into account the laws and regulations
regarding industrial fishing limits and procedures for use
thereof in inland waters. Limit for fishing with a seine shall be
determined as a proportional share from the total fishing gear
limit intended for the body of water.
(4) [30 September 2004]
[18 October 2001; 19 June 2003; 30 September 2004; 26 May
2005; 9 October 2008; 16 December 2010; 29 May 2014]
Chapter V
Protection and Monitoring of Fish Resources
Section 18. Authorities and
Officials for the Protection and Monitoring of Fish Resources
(1) The State Environmental Service as well as the local
governments in the administrative territories and the adjacent
coastal waters of the Baltic Sea and the Gulf of Riga of which
the municipal police and the environmental control official of
the local government is implementing the functions of the
protection and monitoring of fish resources in inland waters, the
territorial waters, and economic zone waters of the Republic of
Latvia shall be responsible for such protection and
monitoring.
(2) [24 March 2022]
(3) The State Police, the Nature Conservation Agency, the
State Border Guard, and the Coast Guard Service of the Naval
Forces of the National Armed Forces shall also perform the
protection and monitoring of fish resources according to the
competence.
[24 October 2019; 24 March 2022]
Section 19. Rights of the
Authorities for the Protection and Monitoring of Fish
Resources
(1) The State Environmental Service is entitled, in accordance
with procedures laid down in laws and the laws and regulations
governing fishery, to perform fishing inspection in all waters
(including private waters) of the Republic of Latvia, to control
the landing of fish, as well as to inspect marketing and
transport facilities and any storage or production premises, if
there is reason to believe that illegally obtained fish are being
marketed, transported, stored or processed, as well as taking
into account the requirements of European Union legislation, to
perform such inspections and control on Latvian ships which fish
in European Union Member States, third countries and
international waters.
(2) The State Environmental Service shall, upon performing the
protection and monitoring of fish resources, ensure the following
activities according to its competence:
1) in case of infringements of the norms of Regulation (EU) No
1380/2013 of the European Parliament and of the Council of 11
December 2013 on the Common Fisheries Policy, amending Council
Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing
Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and
Council Decision 2004/585/EC shall impose penalty points on
fishing licence holders and masters of fishing vessels in
accordance with Council Regulation (EC) No 1224/2009 of 20
November 2009 establishing a Community control system for
ensuring compliance with the rules of the common fisheries
policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002,
(EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No
2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007,
(EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and
repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC)
No 1966/2006 and Commission Implementing Regulation (EU) No
404/2011 of 8 April 2011 laying down detailed rules for the
implementation of Council Regulation (EC) No 1224/2009
establishing a Community control system for ensuring compliance
with the rules of the Common Fisheries Policy;
2) with the intermediation of the Fisheries Monitoring Centre
shall supervise fishing activities of fishing vessels of
Latvia.
(21) [24 October 2019]
(3) If fishing occurs in the waters of other Member States of
the European Union, the waters of third countries, or
international waters in accordance with the directly applicable
legal acts of the European Union, decisions of international
fishery organisations, or international agreements regarding
allocation of a catch quota to the Republic of Latvia, the State
Environmental Service shall conduct the administrative offence
proceedings in case of fishing infringements.
(4) [24 October 2019]
(5) The State Environmental Service, the Nature Conservation
Agency, the municipal police and the environmental control
officials of the local government, the State Police, the State
Border Guard, and the Coast Guard Service of the Naval Forces of
the National Armed Forces have the right to lift out the gear
illegally used for the harvesting of fish in the territory within
their competence.
(6) A decision on destruction of the lifted-out illegal gear
for the harvesting of fish referred to in Paragraph five of this
Section, without initiating administrative offence proceedings,
if its owner cannot be ascertained, or a decision on the seizing
of lifted-out illegal gear for the harvesting of fish as physical
evidence for the initiation of administrative proceedings if its
owner can be ascertained shall be taken by the State
Environmental Service and the Nature Conservation Agency, the
municipal police or the environmental control officials of the
local government.
(7) [29 May 2014]
(8) The Cabinet shall determine the procedures for application
of the penalty point system laid down in the European Union
legislation regarding common fisheries for fishing licence
holders and masters of fishing vessels.
(9) The Cabinet shall determine the procedures for the
destruction of the gear for the harvesting of fish 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; 9 October 2008; 16 June
2010; 29 May 2014; 24 October 2019 / Amendments to Section shall
come into force on 1 July 2020. See Paragraph 27 of Transitional
Provisions]
Section 20. Cooperation and Public
Participation in the Protection and Monitoring of Fish
Resources
(1) The State Environmental Service is entitled to involve
persons authorised by the State Environmental Service, i.e.
public environment inspectors, in the protection and monitoring
of fish resources in the inland waters and seacoast of the
Republic of Latvia.
(2) The local government is entitled to involve persons
authorised by the local government, i.e. public environment
inspectors, in the protection and monitoring of fish resources in
inland waters which are located in its administrative territory
and in coastal waters which are adjacent to its administrative
territory.
(3) The persons authorised by the State Environmental Service
and the local government, i.e. public environment inspectors,
have the right, without initiating administrative offence
proceedings, to perform the following activities for the
prevention of an administrative offence:
1) to inspect the activities related to the harvesting of fish
resources, including to perform an on-site inspection in bodies
of water and their direct vicinity, to check documents, gear for
the harvesting of fish and catch, and to conduct an inspection of
property;
2) to lift out illegal gear for the harvesting of fish and, in
conformity with the competence of authorities and officials
specified in Section 18, Paragraph one of this Law, to hand them
over for taking of a decision in accordance with Section 19,
Paragraph six of this Law.
(4) The persons authorised by the State Environmental Service
and the local government, i.e. public environment inspectors,
shall draw up documents on the monitoring activities performed,
including in the documents the facts detected on a violation of
the laws and regulations governing the harvesting of fish, the
illegally used gear for the harvesting of fish, and the illegally
harvested fish, and submit the relevant documents to the
authority or official indicated in Section 18, Paragraph one of
this Law according to their competence.
(5) The Cabinet shall determine the procedures for granting
and cancelling the status of a person authorised by the State
Environmental Service and the local government, i.e. public
environment inspector, the requirements to be brought forward for
such person, and the sample identification card, and also the
procedures for the performance of the protection and monitoring
of fish resources.
(6) An organiser of licensed angling, crayfish catching,
underwater hunting or licensed industrial fishing has an
obligation to participate in the protection and monitoring of
fish resources of the relevant waters according to its
competence.
(7) A lessee or owner of a body of water, the user of the
fishing, angling, crayfish catching, or underwater hunting rights
has an obligation to inform, without delay, the relevant
authorities and officials indicated in Section 18 of this Law of
the detected infringements.
[24 October 2019; 24 March 2022]
Chapter VI
Conservation and Increase of Fish Resources; Fish Farming
Section 21. Conservation and
Increase of Fish Resources
(1) Fish resource managers and users (including lessees) of
fishing rights shall perform measures co-ordinated with the
Institute for conservation of fish resources.
(2) Propagation of fish resources shall be conducted by
specialised fish-farming facilities based on the guidelines
approved by the Cabinet for fish resource artificial restocking
or, if propagation of fish resources is ensured by lessees of
bodies of water and of fishing rights, or by owners of private
waters, in accordance with provisions for use of the bodies of
water in fisheries or on the basis of separate agreements. The
propagation of fish resources shall be carried out by the
Institute in the Daugava River, the bodies of water of the basin
thereof and upon the request of the State also in other
waters.
(3) The provisions of Section 4, Paragraph three of this Law
shall not apply to the cases when, in implementing the measures
for increasing fish resources, fish is released in natural bodies
of water, except for private lakes adjusted for artificial
propagation of fish, where the fishing rights are not owned by
the State and which are used in conformity with the laws and
regulations regarding procedures for accounting and release in
natural bodies of water of juvenile fish intended for fish
resource restocking and propagation, and also the requirements in
respect of use of the private lakes adjusted for artificial
propagation of fish.
[1 October 1997; 17 February 2000; 19 June 2003; 26 May
2005; 9 October 2008; 1 December 2009; 29 May 2014]
Section 22. Transfer of Fish Species
and Introduction of New Species
(1) A co-ordination of the Institute shall be required for the
transfer of local fish species in natural bodies of water, and
also in the territorial waters of the Republic of Latvia and
economic zone waters (regardless of the type of property).
(11) A permit of the Nature Conservation Agency
which is issued in accordance with the laws and regulations
governing the protection of species and biotopes shall be
required for the introduction, releasing, and propagation of
alien or locally absent species in natural bodies of water, and
also in the territorial waters of the Republic of Latvia and
economic zone waters (regardless of the type of property).
(2) Information regarding the transfer of various species of
fish and the introduction or propagation of new species shall be
submitted to the Institute.
(3) The Cabinet shall determine the procedures for accounting
and release in natural bodies of water of juvenile fish intended
for fish resource restocking and propagation, and also the
requirements in respect of use of private lakes adjusted for use
of artificial propagation of fish.
[17 February 2000; 18 October 2001; 19 June 2003; 26 May
2005; 9 October 2008; 1 December 2009; 16 June 2010; 29 May 2014;
24 March 2022]
Section 23. Permits for Fish Farming
and for Aquatic Plant Culture
A permit of the relevant local government which is
co-ordinated with the Institute and Nature Conservation Agency is
required for specialised fish farming and for aquatic plant
culture in the waters of the Republic of Latvia (regardless of
the type of property), but in waters which are included in the
law or regulation regarding risk bodies of water, also with the
State Environmental Service. Co-ordination with the Nature
Conservation Agency is not necessary if fish farming and aquatic
plant culture are intended in bodies of water artificially
created specifically for such purpose.
[29 May 2014]
Section 24. Fish Farming in Bodies
of Water
(1) Natural bodies of water or parts 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 Ministry of Agriculture, after
co-ordination with the Ministry of Environmental Protection and
Regional Development, may provide for a special regime in the
towpath surrounding such bodies of water.
[19 June 2003; 9 October 2008; 1 December 2009; 16 December
2010]
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 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 provisions of Section 13, Paragraph two of this Law
regulate the fee for fishing rights and abatements thereof,
procedures for lease of fishing rights or auction for fishing
permits (licences), and also procedures for payment of financial
means into the State budget by the lessor from the total amount
which is collected for the lease of industrial fishing rights or
auction or exercising of industrial fishing rights and angling
rights, and procedures for providing a report by local
governments regarding money payments carried out.
(3) The provisions of this Section shall not be applied if the
relevant waters are used only for specialised pisciculture and
artificial propagation of fish, including lakes adjusted for
artificial propagation of fish where the fishing rights are not
owned by the State.
[1 October 1997; 17 February 2000; 30 September 2004; 29
May 2014]
Section 26. Liability for the
Infringement of Regulatory Norms Regarding the Protection,
Monitoring and Use of Fish Resources, and for Losses Caused to
Fish Resources
(1) Legal persons and natural persons who have allowed
infringements of this Law or of laws and regulations in regard to
angling, crayfish catching, underwater hunting or industrial
fishing, and have caused or could have caused losses to fish
resources, shall be held liable in accordance with the laws and
regulations in force.
(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 carrying out fish restocking
measures determined by the fish resources manager and
co-ordinated with the Institute and the Ministry of Environmental
Protection and Regional Development, or 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 to determine the extent of impact and
effect, the justification for the work, potential losses and the
amount and form of compensation.
(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 juvenile
fish or paying the cost of raising artificially propagated
juvenile 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 environment restoration 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; 9 October 2008; 16 December 2010; 29
May 2014]
Chapter VIII
Fish Fund
Section 27. Purpose of the Fish
Fund
The purpose of the Fish Fund is to ensure resources for
scientific researches which are related to research of fish
resources, impact of pollution and different economic activities
on fish resources, and also resources for fish restocking and
protection measures, including additional means for projects
corresponding to the purpose of the Fish Fund which in relation
to tasks within the competence thereof are implemented by the
State administration institutions, local governments and other
derived public persons, and specific measures indicated in the
laws and regulation regarding the Fish Fund which are carried out
by the associations the purpose of activities of which is related
to use and protection fish resources.
[16 June 2010]
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 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
infringements of laws and regulations governing fishing;
3) revenues which is created in selling fishing gear, fishing
means and illegally harvested fish confiscated according to the
procedures specified in laws and regulations;
4) payments for the lease and exercising of fishing rights
[lease payments, and payments for fishing permits (licence,
angling card)];
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 covered by the relevant body of water and the type of
its use for fishery).
[30 October 2003]
Section 29. Use of the Fish Fund
The resources of the Fish Fund shall be used in accordance
with the by-laws of the Fish Fund which shall be approved by the
Cabinet. The Fish Fund Council shall decide on distribution and
allocation of funds in accordance with the by-laws of the Fish
Fund.
[16 June 2010]
Chapter IX
Administrative Offences in the Field of the Protection and Use of
Fish Resources and Competence in Administrative Offence
Proceedings
[24 October 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 27 of Transitional
Provisions]
Section 30. Administrative Offences
in the Field of the Protection and Use of Fish Resources
(1) For infringement of the angling, crayfish catching, and
underwater hunting regulations or the licensed angling, crayfish
catching, or underwater hunting regulations, a warning or a fine
from three to seventy units of fine shall be imposed, with or
without a prohibition to exercise the angling, crayfish catching,
and underwater hunting rights for a time period of up to one
year.
(2) For infringement of the requirements and restrictions
specified in the towpath, a fine from six to two hundred and
eighty units of fine shall be imposed on a natural person but a
fine from twenty-eight to five hundred and eighty units of fine
shall be imposed on a legal person.
(3) For infringement of the regulations regarding trade and
circulation of the fishing nets, a fine from six to one hundred
and forty units of fine shall be imposed on a natural person but
a fine from fifty-six to four hundred and twenty units of fine
shall be imposed on a legal person.
(4) For infringement of the regulations regarding landing,
purchase, sale, storage, processing, and transportation of fish,
lampreys, crayfish, or other aquatic invertebrates, a fine from
six to one hundred and forty units of fine shall be imposed on a
natural person but a fine from twenty-eight to two thousand eight
hundred units of fine shall be imposed on a legal person.
(5) For infringement of the fishing regulations in inland
waters, a fine from six to one hundred and forty units of fine
shall be imposed on a natural person but a fine from six to eight
hundred and sixty units of fine shall be imposed on a legal
person, with or without a prohibition to exercise the fishing
rights for a time period of up to two years.
(6) For fishing in inland waters without a relevant permit and
for fishing at a prohibited site or time, as well as for fishing
with prohibited gear or methods, a fine from fifty-six to one
hundred and forty units of fine shall be imposed on a natural
person but a fine from one hundred and forty to eight hundred and
sixty units of fine shall be imposed on a legal person, with or
without a prohibition to exercise the fishing rights for a time
period of up to two years.
(7) For infringement of the fishing regulations in the
territorial waters, the economic zone waters, the waters of other
Member States of the European Union, the waters of third
countries, or international waters, a fine from six to one
hundred and forty units of fine shall be imposed on a natural
person but a fine from twenty-eight to two thousand eight hundred
units of fine shall be imposed on a legal person, with or without
a prohibition to exercise the fishing rights for a time period of
up to two years.
(8) For fishing in the territorial waters, the economic zone
waters, the waters of other Member States of the European Union,
the waters of third countries, or international waters without a
relevant permit, for fishing at a prohibited site or time, as
well as for fishing with prohibited gear or methods, a fine from
twenty-six to one hundred and forty units of fine shall be
imposed on a natural person but a fine from two hundred and
eighty to two thousand eight hundred units of fine shall be
imposed on a legal person, with or without a prohibition to
exercise the fishing rights for a time period of up to two
years.
(9) For infringements of the procedures for accounting and
release in natural bodies of water of juvenile fish intended for
fish resource restocking and propagation, a fine from fourteen to
one hundred and forty units of fine shall be imposed on a natural
person but a fine from two hundred and eighty to eight hundred
and sixty units of fine shall be imposed on a legal person.
(10) For the transfer of local species of fish in natural
bodies of water, and also in the territorial waters of the
Republic of Latvia, and the economic zone waters without a
co-ordination or for the introduction, releasing, or propagation
of alien or locally absent species in natural bodies of water,
the territorial waters of the Republic of Latvia, and the
economic zone waters without a relevant permit, a fine from
fourteen to one hundred and forty units of fine shall be imposed
on a natural person but a fine from two hundred and eighty to
eight hundred and sixty units of fine shall be imposed on a legal
person.
(11) For the specialised fish farming and the aquatic plant
culture in the waters of the Republic of Latvia without a permit
of the relevant local government, a fine from fourteen to one
hundred and forty units of fine shall be imposed on a natural
person but a fine from two hundred and eighty to eight hundred
and sixty units of fine shall be imposed on a legal person.
[24 October 2019; 24 March 2022]
Section 31. Competence in
Administrative Offence Proceedings
(1) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraph one of this Law shall be conducted by
the State Environmental Service, the State Police, the Nature
Conservation Agency, the municipal police, the environmental
inspection of the local government, or the environmental control
official of the local government. The administrative offence case
shall be examined by the State Environmental Service or the
Nature Conservation Agency.
(2) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraph two of this Law shall be conducted by
the State Police, the municipal police, the environmental
inspection of the local government, or the environmental control
official of the local government. The administrative offence case
shall be examined by the administrative commission or
sub-commission of the local government.
(3) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraph three of this Law shall be conducted
by the State Environmental Service, the State Police, the
municipal police, or the environmental control official of the
local government. The administrative offence case shall be
examined by the State Environmental Service, the State Police,
the administrative commission or sub-commission of the local
government.
(4) Administrative offence proceedings for the infringements
referred to in Section 30, Paragraph four of this Law shall be
conducted by the State Environmental Service.
(5) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraphs five and six of this Law shall be
conducted by the State Environmental Service, the State Police,
the Nature Conservation Agency, the municipal police, the
environmental inspection of the local government, the
environmental control official of the local government, or the
State Border Guard. The administrative offence case shall be
examined by the State Environmental Service.
(6) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraphs seven and eight of this Law shall be
conducted by the State Environmental Service, the municipal
police, the environmental inspection of the local government, the
environmental control official of the local government, the State
Police, the Coast Guard Service of the Naval Forces of the
National Armed Forces, or the State Border Guard. The
administrative offence case shall be examined by the State
Environmental Service.
(7) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraph nine of this Law shall be conducted
by the State Environmental Service, the Nature Conservation
Agency, the municipal police, the environmental inspection of the
local government, the environmental control official of the local
government, or the State Police. The administrative offence case
shall be examined by the State Environmental Service.
(8) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraph ten of this Law shall be conducted by
the State Environmental Service, the Nature Conservation Agency,
the municipal police, the environmental inspection of the local
government, the environmental control official of the local
government, or the State Police. The administrative offence case
shall be examined by the Nature Conservation Agency.
(9) Until examination of the administrative offence case,
administrative offence proceedings for the infringements referred
to in Section 30, Paragraph eleven of this Law shall be conducted
by the State Environmental Service, the State Police, the Nature
Conservation Agency, the municipal police, the environmental
inspection of the local government, or the environmental control
official of the local government. The administrative offence case
shall be examined by the administrative commission or
sub-commission of the local government.
[24 October 2019; 24 March 2022 / The new wording of
Paragraph one shall come into force on 1 January 2023 and shall
be included in the wording of the Law as of 1 January 2023. See
Paragraph 31 of Transitional Provisions]
Transitional provisions
1. The Cabinet shall, within one month after this Law comes
into force, submit a recommendation to the Saeima
regarding refinement of Annexes 1, 2, and 3 to 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]
4. The Cabinet shall issue the regulations referred to in
Section 26, Paragraph six of this Law within 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
entering in effect of decisions regarding the suspension of the
exercising of fishing rights in accordance with the procedures
laid down 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
abovementioned decision is taken prior to the coming into force
of the Administrative Procedure Law, it shall enter into effect
within two weeks after taking thereof.
[19 June 2003]
6. The Cabinet shall, by 1 January 2004, issue the regulations
referred to in Section 22, Paragraph three of this Law.
[19 June 2003]
7. The amendments adopted on 19 June 2003 to 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, by 31 December 2004, issue the
regulations referred to in Section 7, Paragraph two of this Law
regarding the procedures by which special permits (licences) for
commercial activity in fishery 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 enterprises 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, by 31 December 2004, issue 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, by 31 December 2004, issue the
regulations referred to in Section 26, Paragraph seven of this
Law regarding the procedures by which environment restoration
activities which compensate for the losses caused to fish
resources shall be determined and performed.
[30 September 2004]
13. Amendments to Section 7, Paragraph six of this Law in
relation to the preference given to 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 self-consumption fishing, shall not apply fishing
rights leasing agreements which have been entered into in
2004.
[30 September 2004]
14. Amendments to Section 16, Paragraph three of this law in
relation to fishing restrictions in Lake Cirmas ezers, Lake
Dūņezers, Lake Feimaņu ezers, Lake Lielais Ludzas ezers, Lake
Liepājas ezers, Lake Lilastes ezers, Lake Papes ezers, Lake
Virtukšņas ezers, and Lake Zosnas ezers 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 on 16 April 2005.
[30 September 2004]
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, i.e. angling, for
specific bodies of water which have been developed and approved
in accordance with Cabinet regulations regarding the procedures
applicable to licensed amateur fishing, i.e. 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 binding regulations to be issued by the local government for
licensed amateur fishing, i.e. angling, shall be in force up to
31 December 2005.
[26 May 2005]
17. The Cabinet shall, by 1 December 2009, issue the
regulations referred to in Section 7, Paragraph two of this Law.
Until the date of coming into force thereof but not longer than
by 30 November 2009, the Cabinet Regulation No. 39 of 11 January
2005, Procedures for the Issue of Special Permits (Licences) for
Commercial Activities in Fishery, shall be applied, insofar as it
is not in contradiction with this Law.
[9 October 2008]
18. The Cabinet shall, by 1 July 2009, issue the regulations
referred to in Section 7, Paragraph five, Section 13, Paragraph
two, Clause 1 and Section 25, Paragraph two of this Law. Until
the date of coming into force thereof but not longer than by 30
June 2009, the Cabinet Regulation No. 433 of 12 December 2000,
Procedures for Leasing Bodies of Water and Industrial Fishing
Rights, and for exercising fishing rights, shall be applied,
insofar as it is not in contradiction with this Law.
[9 October 2008]
19. The Cabinet shall, by 31 December 2009, issue the
regulations referred to in Section 7, Paragraph eight of this
Law.
[9 October 2008]
20. The Cabinet shall, by 31 December 2009, issue the
regulations referred to in Section 11, Paragraphs 4.1
and 4.2 of this Law. Until the date of coming into
force thereof but not longer than by 31 December 2009, the limits
of fishing gear amount or catch amounts which are determined for
2008 and comply with the provisions of Section 11, Paragraph four
of this Law shall be applicable to inland waters and coastal
waters of the Baltic Sea and the Gulf of Riga.
[9 October 2008]
21. The Cabinet shall, by 30 March 2011, issue the regulations
referred to in Section 16, Paragraph seven and Section 19,
Paragraph seven of this Law.
[16 June 2010]
22. The Cabinet shall, by 31 March 2015, issue:
1) the regulations referred to in Paragraph three of this
Section 22. Until the date of coming into force thereof but not
longer than by 31 March 2015, the Cabinet Regulation No. 381 of
22 April 2004, Procedures for Accounting and Release into Natural
Bodies of Water of Juvenile Fish Intended for Fish Resource
Restocking and Propagation, shall be in force.
2) the regulations referred to in Section 13, Paragraph one,
Clause 3 and Paragraph two, Clause 4 of this Law in order to
ensure replacement of the term "amateur fishing" with the term
"angling, crayfish catching and underwater hunting";
3) the regulations referred to in Section 19, Paragraph eight
of this Law;
4) the regulations referred to in Section 22, Paragraph three
of this Law. Until the date of coming into force thereof but not
longer than by 31 March 2015, the Cabinet Regulation No. 381 of
22 April 2004, Procedures for Accounting and Release into Natural
Bodies of Water of Juvenile Fish Intended for Fish Resource
Restocking and Propagation, shall be in force.
[29 May 2014]
23. Amendments to the second sentence of Section 7, Paragraph
six of this Law (by which it is determined that the relevant
local government is entitled to allocate only fish pot limit for
lease of the fishing rights for self-consumption fishing in
public waters which are specified in Annex 1 to the Civil Law)
shall be applicable starting from 1 January 2015.
[29 May 2014]
24. By taking into account ice conditions in bodies of water
in 2015 but not later than by 15 April 2015, the fish pot limit
for self-consumption fishing for 2015 laid down by a local
government in public waters specified in Annex 1 to the Civil Law
may be replaced by net use limit in the proportion specified in
the Cabinet Regulation No. 1374 of 30 November 2009, Regulations
Regarding Industrial Fishing Limits and Procedures for Use
Thereof in Inland Waters. In such case the entry regarding an
authorisation to replace fishing gear shall be made in the
protocol of the industrial fishing rights leasing agreement for
2015 and the issued fishing licence.
[29 May 2014]
25. New wording of Section 11, Paragraphs 4.1,
4.3 and 5.2 of this Law (regarding
determination of the amount of catch for certain fish species in
inland waters) shall come into force on 1 January 2015.
[29 May 2014]
26. The Cabinet shall stipulate in the regulations regarding
industrial fishing limits and procedures for use thereof in
inland waters that from 16 April 2015 fishing with fish pots in
the Buļļupe River is allowed by using not more than six fish
pots, including four pots with the wall length up to 30 metres
and two pots with the guide net length above 30 metres.
[29 May 2014]
27. Amendment to Section 11 of this Law regarding the new
wording of Paragraph three, amendment regarding the new wording
of Section 18, amendments to Section 19 regarding the new wording
of Paragraphs two, three, five, and six, the deletion of
Paragraphs 2.1 and four, and the supplementation of
Section with Paragraph nine, amendment regarding the new wording
of Section 20, as well as amendment regarding the supplementation
of the Law with Chapter IX shall come into force concurrently
with the Law on Administrative Liability.
[24 October 2019]
28. The Cabinet shall, by 30 June 2020, issue the regulations
referred to in Section 19, Paragraph nine of this Law. Until the
day of coming into force of the relevant regulations but not
longer than until 30 June 2020, Cabinet Regulation No. 675 of 6
September 2005, Procedures for the Destruction of the Illegally
Used and Prohibited Fishing Gear and Methods and Illegally Used
Unmarked Fishing Nets, shall be applicable insofar as it is not
in contradiction with this Law.
[24 October 2019]
29. The Cabinet shall, by 30 June 2020, issue the regulations
referred to in Section 20, Paragraph five of this Law. Until the
day of coming into force of the relevant regulations but not
longer than until 30 June 2020, Cabinet Regulation No. 833 of 4
December 2007, Regulations Regarding Granting and Cancellation of
the Status of Public Environment Inspector, the Criteria and
Requirements to be Brought Forward, and the Sample Identification
Card, shall be applicable insofar as it is not in contradiction
with this Law.
[24 October 2019]
30. The State Environmental Service shall examine and issue
fishing permits (licences) for fishing in the inland waters of
the Republic of Latvia and in the coastal waters of the Baltic
Sea and the Gulf of Riga if a submission has been received until
the day of coming into force of the Law on Administrative
Liability.
[24 October 2019]
31. Amendment to Section 31, Paragraph one of this Law shall
come into force on 1 January 2023.
[24 March 2022 / The abovementioned amendment shall be
included in the wording of the Law as of 1 January 2023]
The Law has been adopted by the Saeima on 12 April
1995.
President G. Ulmanis
Rīga, 28 April 1995
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)