Procedures by which Permits (Licences) for Fishing for Special Purposes and for Scientific Research Purposes shall be Issued

Issued pursuant to
Section 12, Paragraph four of
the Fishery Law

1. These Regulations prescribe the procedures by which permits (licences) shall be issued to natural and legal persons for fishing for special purposes and for scientific research purposes in the inland waters, territorial waters and the economic zone waters of the Republic of Latvia.

2. The Nature Protection Board shall issue permits (licences) for fishing for special purposes and for scientific research purposes.

3. A natural or a legal person who intends to fish for special purposes or for scientific research purposes (hereinafter - applicant) shall submit to the Nature Protection Board a application for the receipt of a permit (licence) for fishing for special purposes or for scientific research purposes, respectively.

4. If fishing for special purposes or for scientific research purposes is intended in inland waters, the coastal waters of the Baltic Sea or the Gulf of Riga, an applicant shall indicate the following in an application:

4.1. the given name, surname, personal identity number, telephone number and address of the permit (licence) recipient or the name, registration number, telephone number and address of a legal person;

4.2. the given name, surname and telephone number of the person responsible for fishing;

4.3. the given name and surname of the fisherman (fishermen);

4.4. the time period when fishing is intended;

4.5. the location where fishing is intended. If fishing is intended in inland waters, the water body or the part of the water body and the local government (local governments) in the territory of which such water body is located shall be indicated. If fishing is intended in the coastal waters of the Baltic Sea or the Gulf of Riga, the location of the place of fishing and the local government (local governments) in the territory of which such place of fishing is located shall be indicated;

4.6. the type, number or length in metres and mesh size in millimetres of fishing gear; and

4.7. the registration numbers of vessels or floating means to be used in fishing.

5. If fishing for special purposes or for scientific research purposes is intended in the territorial waters (except the coastal waters) or the economic zone waters of the Republic of Latvia in the Gulf of Riga or the Baltic Sea, a applicant shall indicate the following in a application:

5.1. the given name, surname, personal identity number, telephone number and address of the permit (licence) recipient or the name, registration number, telephone number and address of a legal person;

5.2. the given name, surname and telephone number of the person responsible for fishing;

5.3. the time period when fishing is intended;

5.4. the fishing area wherein fishing is intended;

5.5. the name, type, registration number, call sign and home port of a vessel, as well as the owner of the vessel and the address thereof;

5.6. the gross tonnage (in tonnes), total engine power (in kilowatts), speed (in knots) and the overall length (in metres) of the vessel;

5.7. the given name and surname of the master of the vessel;

5.8. the number of members of the crew of the vessel;

5.9. the type, number or length in metres and mesh size in millimetres of fishing gear; and

5.10. the given name, surname and telephone number of the person responsible for scientific research work, as well as the number of members of the scientific research group and the given name and surname of the head thereof if fishing is intended for scientific research purposes.

6. An applicant shall attach to an application copies of the rules co-ordinated at the National Board of Fisheries and the Ministry of Environment for the exploitation of a water body, copies of such fishery programmes or projects that determine the necessity to fish for special purposes or for scientific research purposes, as well as a document wherein information is indicated regarding possible derogations from the commercial fishing rules or angling rules and a reference regarding such catch volumes that are not included in the catch limits specified for fishermen are indicated.

7. If any of the documents referred to in Paragraph 6 of these Regulations provides for the issuance of several permits (licences), a second application of the relevant documents shall not be necessary.

8. If the information provided in a application is incomplete or inaccurate, the Nature Protection Board is entitled to request the necessary additional information from a applicant.

9. If changes in the information indicated in a application have occurred during the time period of the utilisation of a licence, a natural or legal person that has received a permit (licence) for fishing for special purposes or for scientific research purposes shall inform the Nature Protection Board thereof in writing within a period of 10 working days.

10. The Nature Protection Board shall take a decision regarding the issuance of a permit (licence) for fishing for special purposes or for scientific research purposes or a justified refusal to issue the referred to permit (licence) within a period of 20 days after the receipt of a application or the requested additional information.

11. A permit (licence) for fishing for special purposes or for scientific research purposes in inland waters, the coastal waters of the Baltic Sea or the Gulf of Riga shall be issued in accordance with the sample form of a permit (licence) specified in the Annex of these Regulations. A permit (licence) for fishing for special purposes or for scientific research purposes in the territorial waters (except the coastal waters) or the economic zone waters of the Republic of Latvia shall be issued in accordance with the sample form of a permit (licence) specified in the regulatory enactments regarding commercial fishing in territorial waters and economic zone waters.

12. After the receipt of a permit (licence) for fishing for special purposes or for scientific research purposes at the Nature Protection Board, the State Environmental Service shall issue an individual fishing logbook for each recipient of the relevant permit (licence).

13. The Nature Protection Board is entitled to refuse the issuance of a permit (licence) for fishing for special purposes or for scientific research purposes in the following cases:

13.1. if not all of the necessary information has been indicated in a application or if false information has been provided therein; or

13.2. if the document referred to in Paragraph 6 of these Regulations that justifies the necessity to fish for special purposes or for scientific research purposes has not been attached to a application.

14. The Nature Protection Board is entitled to cancel a permit (licence) for fishing for special purposes or for scientific research purposes in the following cases:

14.1. if it has been determined that false information has been provided in a application or in the documents attached thereto;

14.2. if the natural or legal person that has received the permit (licence) for fishing for special purposes or for scientific research purposes violates the provisions of commercial fishing;

14.3. if the natural or legal person that has received the permit (licence) for fishing for special purposes or for scientific research purposes does not comply with or infringes the conditions of the relevant permit (licence); or

14.4. if the National Board of Fisheries and the Ministry of Environment provide a mutually co-ordinated statement regarding the fact that the justification specified in the documents referred to in Paragraph 6 of these Regulations is no longer valid or the conditions due to which further utilisation of the permit (licence) is not justified or possible have changed.

15. If the Nature Protection Board has taken a decision regarding a refusal to issue a permit (licence) for fishing for special purposes or for scientific research purposes, the Nature Protection Board shall inform the applicant regarding such refusal in writing within a period of 10 working days after the taking of the decision, indicating the procedures for the contesting and appeal of the decision.

16. If the Nature Protection Board has taken a decision regarding the cancellation of a permit (licence) for fishing for special purposes or for scientific research purposes, the Nature Protection Board shall inform the natural or legal person that has received the permit (licence) and the State Environmental Service regarding such cancellation within a period of three working days after the taking of the decision.

Prime Minister A. Kalvītis

Minister for Environment R. Vējonis

Annex
Cabinet Regulation No. 192
15 March 2005

Permit (Licence) for Fishing for Special Purposes or for Scientific Research Purposes
No.____

Minister for Environment R. Vējonis

Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)