Estonia, Fishing Act (consolidated text Dec 2008)

Fishing Act

Passed 27 September 1995

(RT1 I 1995, 80, 1384),

entered into force 1 January 1996,

Chapter 1

General Provisions

§ 1. Purpose of Act

The purpose of this Act is to ensure the sustainable use of fishery and aquatic plant resources arising from the principles of responsible fisheries.

(17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9)

§ 2. Application of Act

(1) This Act applies in the exclusive economic zone of the Republic of Estonia with the exceptions arising from the Exclusive Economic Zone Act (RT I 1993, 7, 105; 2002, 61, 375; 63, 387).

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

(2) This Act does not regulate relations concerning the breeding and catching of fish in fish breeding structures, such as ponds, cages and pools.

(3) This Act regulates fishing by vessels for which Estonian papers of nationality have been issued in waters beyond the jurisdiction of the Republic of Estonia or by an operator registered in the commercial register of the Republic of Estonia in so far as the legislation of the state where fishing is carried out or an international agreement regulating fishing in the fishing area do not provide otherwise.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(4) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117; 78, 527) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

§ 3. Fishing and collection of aquatic plants

(1) For the purposes of this Act, fishing is an activity the aim of which is the capture of fish, river lamprey, crayfish and other aquatic invertebrates (hereinafter fish) by catching or killing them.

(2) For the purpose of this Act, the collection of aquatic plants is the collection of agar-agar (Furcellaria lumbricalis) from the sea.

(3) Staying on a body of water or in a limited management zone on the shore thereof with fishing gear prepared for fishing is deemed to be equal to fishing.

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

§ 4. Basic requirement regarding fishing and collection of aquatic plants

During fishing and the collection of aquatic plants, the reproduction capacity of their stocks and the productivity of bodies of water shall be preserved and undesirable changes to the ecosystem of bodies of water shall be avoided.

§ 5. Right of ownership

(1) The right of ownership of a fish is created for the person who captures the fish unless this is in conflict with this Act or violates the rights of other persons. A fish is ownerless if it is free in nature.

(2) Agar-agar in the sea is in the ownership of the state. Agar-agar washed ashore is in the ownership of the owner of the immovable property located on the shore.

(3) The right of ownership of a body of water is provided by the Water Act (RT I 1994, 40, 655; RT I 1996, 13, 241; 240; 1998, 2, 47; 61, 987; 1999, 10, 155; 54, 583; 95, 843; 2001, 7, 19; 24, 133; 42, 234; 50, 283; 94, 577; 2002, 1, 1; 61, 375; 63, 387; 2003, 13, 64; 26, 156; 51, 352).

§ 6. Fishing rights

(1) Fishing shall be performed pursuant to fishing rights.

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

(2) Depending on the fishing gear used, a difference is made in terms of fishing rights between line fishing, recreational fishing, and commercial fishing.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(3) Everyone may exercise the fishing rights specified in subsection (2) of this section if he or she has performed the acts necessary to create such rights.

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

(4) Fishing rights are either free of charge or subject to a fee.

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

§ 6¹. Appointment of authorised body

If appointment of an authorised body is necessary pursuant to an European Union regulation governing fishing, activities related thereto or supervision over fishing, and an authorised body has not been appointed by this Act, an authorised body shall be appointed by the Government of the Republic.

(15.12.2004 entered into force 01.01.2006 - RT I 2004, 89, 609)

§ 7. (Repealed - 12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

Chapter 2

Fishing Management

§ 8. (Repealed - 08.12.1999 entered into force 01.01.2000 - RT I 1999, 95, 843)

§ 9. (Repealed - 08.12.1999 entered into force 01.01.2000 - RT I 1999, 95, 843)

§ 10. Line fishing

(1) Everyone may fish, free of charge and without having applied for the right to fish, with one simple hand line on a body of water belonging to the state or a local government or on a privately owned body of water which is designated for public use, taking into consideration restrictions concerning the permitted fishing seasons, fishing areas and species of fish.

(2) With the permission of the owner of the immovable, fishing with one simple hand line is permitted:

1) on a privately owned body of water which is not designated for public use;

2) on an immovable or part thereof which is flooded by an internal water body;

3) from sunset to sunrise on a privately owned body of water which is designated for public use.

(3) Every person has the lifelong right to fish by line.

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

§ 11. Recreational fishing

(1) On the basis of a fishing card or in the case of payment for recreational fishing rights, everyone may fish using fishing tackle on a body of water belonging to the state or a local government or on a privately owned body of water which is designated for public use, taking into consideration the restrictions established by and on the basis of this Act and legislation established on the basis thereof.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(2) With the permission of the owner of the immovable, fishing is permitted with recreational fishing tackle:

1) on a privately owned body of water which is not designated for public use;

2) from sunset to sunrise on a privately owned body of water which is designated for public use;

3) on an immovable or part thereof which is flooded by an internal water body.

(3) The following items are recreational fishing tackle:

1) spinning reels, trolling lines, pulling devices, fly hooks, bottom lines, krunda, unanchored trimmers, hand lines and more than one simple hand line;

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

2) harpoon guns and harpoons;

3) hooks;

4) entangling nets;

(15.12.2004 entered into force 01.01.2005 - RT I 2004, 89, 609)

5) longlines consisting of up to 100 hooks. Permanent residents of small permanently inhabited islands are permitted to use longlines consisting of up to 300 hooks;

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

6) dragnet;

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

7) hoopnet;

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

8) dip-nets and traps.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(4) Hooks may be used at sea and on Lake Peipus, Lake Lämmijärv and Lake Pskov.

(4¹) No more than three items of fishing gear belonging to the same or different types shall be used concurrently in recreational fishing, except for troll lines, dip-nets and traps, unless otherwise provided for in this Act.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

4²) Upon recreational fishing by the fishing gear specified in clauses (3) 4)-7) of this section, the restrictions established by subsections 17 (1) and 19 (3) and (4) for the same type of fishing gear upon professional fishing shall be adhered to.

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

(5) The following are documents certifying recreational fishing rights:

1) the document certifying payment for recreational fishing rights;

2) the fishing card, in the cases provided for in subsections (11), (111) and (112) of this section.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(6) Pre-school children, children under 16 years of age, pensioners, unlawfully repressed persons and persons treated as repressed persons and disabled persons may fish using recreational fishing tackle without paying for the right to fish, except in the cases provided for in subsections (11), (111) and (112) of this section.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(7) During recreational fishing, persons specified in subsection (6) of this section, except pre-school children, shall carry a document certifying the benefit as follows:

1) children under 16 years of age – student cards;

2) pensioners – pension certificates;

3) unlawfully repressed persons – repressed person’s certificates;

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

4) disabled persons – documents certifying the degree of severity of a disability.

(8) In the case provided for in clause (5) 1) of this section, the right to fish for recreation commences as of the date of payment of the fee for the right to fish for recreation or as of another starting date which is entered in a document certifying payment for the right to fish for recreation, which shall not be earlier than the date of payment for the right to fish for recreation.

(9) In the case provided for in clause (5) 2) of this section, the right to fish for recreation commences as of the starting date entered on the fishing card. If the fishing card permits the use of different fishing methods during different times, the right for recreational fishing starts on the date entered on the fishing card.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(9¹) Where payment for recreational fishing rights is made by mobile phone (hereinafter mobile phone payment), the recreational fishing rights shall become effective two hours after receipt of verification of payment sent by short message service. The short message service text message is sent to the same mobile phone number from which payment was sent.

(17.04.08 entered into force 1.07.08 - RT I 2008, 19, 133)

(10) The right to fish for recreation shall be valid during the term set out on a fishing card for up to one calendar year. After payment for the recreational fishing rights in cases where a fishing card is not required, the right to fish for recreation shall be effective for the term of up to one year.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(11) The Minister of the Environment has the right to designate, with the aim of conserving fishery resources, areas where limitations apply on the number of persons who fish, on fishing gear, fishing seasons or on fish caught, and areas where the use of entangling nets, longlines, hoopnets, dragnet, dipnets and traps is permitted for recreational fishing, and to establish a maximum permitted amount of fishing gear. In these areas, a fishing card grants the right to fish for recreation.

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(11¹) On the basis of a fishing card, a person may use one entangling net or one longline consisting of up to 100 hooks at sea up to the 20 m isobath, in internal water bodies or transboundary water bodies or in parts thereof, and one hoopnet or one dragnet in internal water bodies and, for catching crayfish, up to five dipnets or traps in water bodies where the Minister of the Environment has determined a limitation on the number of fishing cards to be issued. One fishing card shall be issued per person for fishing, within the limits of the quota established for the corresponding region, with one entangling net, one longline consisting of up to 100 hooks, one hoopnet, one dragnet, or up to five dipnets or five traps, except to permanent residents of permanently inhabited small islands. If limit numbers have been established for more than one region within one county, the issuer of fishing cards may set out the fishing gear permitted to use in different regions on the same fishing card.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(11²) A permanent resident of a permanently inhabited small island may use, on the basis of one fishing card, up to three entangling nets and one longline consisting of up to 300 hooks at sea up to the 20 m isobath, or an area with the width of one kilometre on a lake surrounding the island of the location of his or her residence. A permanent resident of a permanently inhabited small island shall be issued one fishing card for fishing with such gear within the limits of the quota established for the area surrounding the island of the location of his or her residence. The amount of fishing gear permitted to be used in the waters surrounding such islands shall be established by the Minister of the Environment.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(12) Fishing cards are issued by the Environmental Board. If the number of persons who fish or fishing gear is restricted based on subsections (11) and (11¹) of this section, the fishing card shall be issued by the environmental agency of the fishing grounds. If the fishing grounds are located within the boundaries of more than one county, the issuer of the fishing card shall be designated by the Minister of the Environment. The Minister of the Environment may authorise the persons who organise protection to issue fishing cards concerning fishing grounds located within the corresponding protected areas. The fishing card shall set out the fishing grounds, the term of validity, the name of the owner of fishing rights and, if necessary, the fishing gear, the amount thereof and the number of individuals which it is permitted to catch. The procedure for issue of fishing cards shall be established by the Minister of the Environment.

(17.04.08 entered into force 1.02.09 - RT I 2009, 3, 15)

(13) Fishing cards shall be issued in the chronological order of application, taking account, upon establishing the chronological order, of the time of receipt of each conforming application. An application is received after the first working day of December of the year preceding the fishing year, except for applications for the right to fish with a crayfish trap or a dip-net in which case the applications shall be received starting from the first working day of July of the fishing year.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(13¹) Fishing cards for fishing in waters surrounding permanently inhabited small islands shall be issued by the local government, taking account of the limits established by the Minister of the Environment for the amounts of fishing gear.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(14) A fishing card shall be refused in the following cases:

1) the applicant for the fishing card has failed to submit catch data concerning the fish caught based on a previously issued fishing card;

2) the applicant for the fishing card has a punishment the data of which have not been deleted from the punishment register (hereinafter punishment in force) for violation of the requirements for submission of data concerning fishing for recreation, or more than one punishment in force for a misdemeanour for any other misdemeanour provided by this Act, or a punishment in force for a criminal offence imposed for the fishing listed in § 20² of this Act or violation of the requirements relating to such fishing;

3) the limitations established pursuant to subsections (11), (11¹) or (11²) of this section do not allow issue of the fishing card under the conditions applied for.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(15) The format of fishing cards and the requirements for information to be entered in a document certifying payment for the right to fish shall be established by the Minister of the Environment.

(17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9)

(16) The Ministry of the Environment shall be submitted the data concerning recreational fishing on the basis of a fishing card. The procedure and standard format for submission of data concerning recreational fishing, and the terms for submission of catch data shall be established by the Minister of the Environment.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(17) The fee for the right to fish for recreation based on a fishing card shall be paid within fifteen days after the date on which the issuer of the fishing card makes the decision to grant the card and if the fee has not been paid within such term, the decision to issue the card becomes invalid. A fishing card shall not be issued before the fee for the right to fish for recreation has been paid for the card. The recipient of a fishing card shall certify the receipt of the card by signing for it.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(18) The Minister of the Environment has the right to limit, by number or weight, the quantities of fish permitted to be caught upon recreational fishing during one twenty-four-hour period.

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

(19) Upon fishing, recreational fishing gear must be under the surveillance of the owner of the gear, and identification of the owner must be possible on the water body or its shore. Such requirement does not apply upon fishing by entangling net, crayfish trap or longline which must be marked pursuant to clause 17 (2) 5) of this Act.

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

§ 12. (Repealed - 15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

§ 13. Commercial fishing

(1) A person who is registered in the commercial register as an entrepreneur and whose area of activity entered in the commercial register is fishing may fish with commercial fishing gear on the basis of a fishing permit on internal water bodies, on transboundary water bodies, at sea, in the exclusive economic zone of the Republic of Estonia, or outside the waters under the jurisdiction of the Republic of Estonia. Fishing rights obtained independently of the Republic of Estonia may be used outside the waters under the jurisdiction of the Republic of Estonia only unless such use is not contrary to requirements in force in the European Union.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(2) Commercial fishing gear means longlines, gillnets and entangling nets, traps, seine nets and trawls.

(3) The right to fish commercially is granted by a fishing permit, which may be either the fishing permit of a fishing vessel or a fisherman's fishing permit.

(3¹) If holding a fishing permit is required by the European Union, the provisions of Council Regulation 1627/94/EC laying down general provisions concerning special fishing permits (OJ L 171, 06.07.1994, pp. 7–13) apply for issue of commercial fishing permits. In the case of fishing under the conditions specified in Article 1 of Council Regulation 3317/94/EC laying down general provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement (OJ L 350, 31.12.1994, pp. 13–14), the provisions of Council Regulation 3317/94/EC apply to issue of commercial fishing permits.

(14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

(4) For the purposes of this Act, a fishing vessel is a vessel specified in Article 3.c of Council Regulation 2371/2002/EC on the conservation and sustainable exploitation of fishery resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, pp. 59–80).

(14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

(5) The Government of the Republic shall establish a state register of fishing vessels. The data required by Commission Regulation 26/2004/EC on the Community fishing fleet register (OJ L 005, 09.01.2004, pp. 25–35) concerning fishing vessels flying the national flag of the Republic of Estonia and, if necessary, fishing vessels entered in the Estonian ship register or the register of small craft which are not required to fly the national flag, their technical specifications and data concerning fishing shall be entered in the register.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(6) In the state register of fishing vessels, fishing vessels shall be grouped into subdivisions according to their overall length, fishing grounds, the fishing gear used and the species of fish caught.

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

(7) The Government of the Republic shall determine the criteria for the grouping of fishing vessels into subdivisions (hereinafter segment of fishing fleet), the requirements established for fishing vessels entered in a segment and the possibility of entry of fishing vessels in a segment. The size of a segment of fishing fleet shall be calculated on the basis of the fishing capacity.

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

(8) A fishing vessel shall be entered in a segment of fishing fleet into which no fishing vessels may be entered only if a vessel or vessels with the fishing capacity which corresponds to or is greater than the fishing capacity of the vessel or vessels to be entered in the segment of fishing fleet has or have previously been deleted from the segment of fishing fleet and, as a result, a free fishing capacity is created. For calculation of free fishing capacity upon entry of a fishing vessel in a segment, the requirements set forth in and on the basis of Article 13 of Council Regulation 2371/2002/EC shall be taken into account.

(14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

(9) A person who removes a fishing vessel from a segment or a person to whom the specified person assigns such right has the right to enter the fishing vessel in the segment on account of the free fishing capacity created in the segment of the fishing fleet into which no fishing vessels may be entered. The specified right is valid for thirty-six months as of deletion of the vessel from the state register of fishing vessels. If a person who removes a fishing vessel from a segment or a person to whom the specified person assigns such right has failed to submit an application for entry of a new fishing vessel in the segment within a specified period, it is considered that the person who removed the fishing vessel from the segment does not wish to enter a fishing vessel in the segment on account of the free fishing capacity or assign the specified right to another person.

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

(10) An agreement concerning assignment of the right to enter a fishing vessel in the register shall be entered into in writing. An agreement concerning assignment or a notarially authenticated copy thereof shall be submitted to the authorised processor of the state register of fishing vessels together with a new application for entry of a fishing vessel in the register.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(11) If a person who removes a fishing vessel from a register does not wish to enter a new fishing vessel in the register on account of the free fishing capacity and does not assign the right to enter a fishing vessel in the register to another person, persons who own or possess a fishing vessel which is entered in the corresponding segment of fishing fleet may apply for the entry of the fishing vessel in the register on account of the free fishing capacity within twelve months after expiry of the term provided for in subsection (9) of this section. If persons who own or possess a vessel which is entered in the corresponding segment of fishing fleet fail to submit an application within the specified term, all persons may apply for the entry of a fishing vessel in the register. In the cases provided for in this subsection, an application submitted according to the requirements which the authorised register of the state register of fishing vessels receives first shall be satisfied.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(12) The provisions of Article 6.1 of Council Regulation 2792/1999/EC laying down rules and arrangements regarding structural assistance in the fisheries sector (OJ L 337, 30. 12. 199, pp. 10-28) and Article 11.3 of Council Regulation 2371/2002/EC apply to the entry in the state register of fishing vessels instead of the fishing capacity of a fishing vessel which is permanently withdrawn from fishing with public aid.

(14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

(12¹) The requirements provided in subsections (8)-(12) of this section apply, considering the requirements established in and on the basis of Article 11 of Council Directive 2371/2002/EC, also in the event of increasing the fishing capacity of vessels entered in a segment of fishing fleet into which no fishing vessels may be entered.

(14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

(13) Entry of fishing vessels in the register shall be refused in the following cases:

1) the fishing vessel does not comply with the requirements of the segment of fishing fleet in which the vessel is to be entered;

2) there is no free fishing capacity in the segment of fishing fleet in which the vessel is to be entered and vessels must not be entered in the segment of the fishing fleet;

3) the owner of the fishing vessel or a person entered in the application as operator does not comply with the requirements for the receipt of a fishing permit;

4) the applicant has submitted false information in the application;

5) the fishing vessel to be entered in the register has been granted a state aid for the permanent withdrawal of the vessel from fishing;

6) the fishing vessel does not comply with the requirements established by legislation;

7) the fishing vessel is not equipped with a satellite monitoring system which enables the location of the vessel to be monitored, if such system is required.

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

8) in using the fishing vessel, international legislation or legislation of another state regulating fishing activities have been violated, the vessel has been entered in the list of vessels which have engaged in illegal fishing activities and a punishment related to the use of the vessel imposed by another state is in force which does not permit fishing by means of such vessel while the punishment is still in force.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(14) A fishing vessel shall be deleted from the register:

1) if the fishing vessel or the owner or possessor thereof no longer fulfils the conditions for entry in the register;

2) if the fishing licence of the vessel entered in the register is revoked;

3) at the request of the usufructuary of the vessel or, in the case of a vessel entered in the register of small craft, at the request of the ship-owner;

4) in the absence of the person specified in clause 3) of this subsection, at the request of the owner of the fishing vessel;

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

5) if the fishing vessel was entered in the segment into which no new vessels may be entered, and the fishing capacity of the vessel has been increased without adhering to the requirements set out in subsection (12¹) of this section.

(14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

§ 13¹. Fishing permit of fishing vessel

(1) The fishing permit of a fishing vessel grants the right to fish with commercial fishing gear at sea up to the external border of the exclusive economic zone of the Republic of Estonia, outside the waters under the jurisdiction of the Republic of Estonia if the state guarantees the right to fish there, or on the open sea.

(2) A fishing permit of a fishing vessel shall be issued to an entrepreneur registered in the commercial register regarding a fishing vessel in the legal possession thereof for which an Estonian certificate of a sea-going vessel or inland vessel or small craft and a fishing licence have been issued.

(3) Fishing permits of fishing vessels shall be issued by the Ministry of Agriculture.

(15.12.2004 entered into force 01.09.2005 - RT I 2004, 89, 609)

(4) An entrepreneur may replace the fishing vessel specified in a fishing permit of a fishing vessel issued to the entrepreneur with another fishing vessel in the legal possession thereof for which an Estonian certificate of a sea-going vessel and a fishing licence have been issued, in which case the entrepreneur shall submit a written application concerning amendment of the conditions of the fishing permit to the issuer of the fishing permit. The issuer of the fishing permit shall issue a fishing permit with the amended conditions to the entrepreneur within two weeks as of the receipt of the application.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(5) During fishing, a fishing vessel may be navigated and fishing activities may be organised only by the master entered in the fishing permit of the fishing vessel.

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

(6) An entrepreneur may replace the master specified in a fishing permit of a fishing vessel issued to the entrepreneur with another master, in which case the entrepreneur shall inform the issuer of the fishing permit thereof in writing. In order that the replacement of the master might take effect, the issuer of the fishing permit shall issue a new fishing permit to the entrepreneur within five working days as of the receipt of the notice.

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

§ 13². Fisherman's fishing permit

(1) A fisherman's fishing permit grants the right to fish, except fishing for flounder, with commercial fishing gear at sea up to the 20 m isobath, on Lake Peipus, Lake Lämmijärv and Lake Pskov, on Narva River and the Narva reservoir, or on an internal water body. A fisherman's fishing permit for the fishing of flounder grants the right to fish flounder at sea, irrespective of the depth of the sea.

(2) For the purposes of this Act, a fisherman is a natural person who catches fish himself or herself with commercial fishing gear. The number of persons accompanying a fisherman who is fishing is not limited.

(3) A fisherman's fishing permit shall be issued to an entrepreneur registered in the commercial register. If the entrepreneur itself is not a fisherman, the name of the fisherman who catches fish on the basis of a written application from the entrepreneur shall be indicated in the fishing permit.

(3¹) Only fishermen holding at least the professional qualification of a category II coastal fisherman as defined by the Professions Act shall be entered in a fishing permit.

(17.04.08 entered into force 1.01.08 - RT I 2006, 60, 444)

(4) An entrepreneur may replace the fisherman specified in a fisherman's fishing permit issued to the entrepreneur, in which case the entrepreneur shall submit a written application concerning amendment of the conditions of the fishing permit to the issuer of the permit. The issuer of the fishing permit shall issue a fishing permit with the amended conditions to the entrepreneur within five working days as of the receipt of the application.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(5) Fisherman's fishing permits shall be issued by the Ministry of Agriculture or a government authority appointed by the Minister of Agriculture.

(15.12.2004 entered into force 01.09.2005 - RT I 2004, 89, 609)

§ 13³. (Repealed - 15.12.2004 entered into force 01.01.2005 - RT I 2004, 89, 609)

§ 13⁴. Issue of commercial fishing permit

(1) A commercial fishing permit shall be issued within the limits of the permitted annual quota allocation, number of fishing days, amount of fishing gear or number of fishing vessels (hereinafter fishing opportunities) for a specified term but for not longer than one calendar year.

(2) An application for a commercial fishing permit shall be submitted during the period of 1 September to 1 December of the year preceding the year for which the permit is applied for. The Minister of Agriculture may, with good reason, extend the term for submission of applications.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(3) Based on the status of fishery resources, the Government of the Republic shall establish, by counties or internal water bodies, the fishing opportunities on the basis on a fisherman's fishing permit, and to the permanent residents of permanently inhabited small islands, by the permanently inhabited small island, for the year for which the permit is applied by 1 November of the year preceding application, unless the European Union establishes the fishing opportunities at a later time. Fishing opportunities for the year for which the permit is applied for fishing, to be used by persons fishing on the Baltic Sea on the basis of a fishing permit of a fishing vessel as well as based on a fisherman's fishing permit, and fishing opportunities for water areas outside of the jurisdiction of the Republic of Estonia shall be established by the Government of the Republic within thirty days after establishment of fishing opportunities by the European Union. Fishing opportunities for the year for which the permit is applied obtained as a result of exchanging fishing opportunities with other states shall be established by the Government of the Republic within thirty days after the exchange of the fishing opportunities.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(3¹) The issuer of a commercial fishing permit may partially divide the fishing opportunities among the applicants if the European Union or the Government of the Republic has not established the fishing opportunities for the year for which the permit is applied by 15 December of the year preceding application. Upon the partial division of the fishing opportunities, up to 30% of the fishing opportunities established during the year preceding application may be divided.

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

(3²) The Government of the Republic shall approve, based on the Agreement between the Government of the Republic of Estonia and the Government of the Russian Federation on Cooperation in Conservation and Use of Fishery Resources on Lake Peipus, Lake Lämmijärv and Lake Pskov, the total annual catches by fish species allocated for the Republic of Estonia on Lake Peipus, Lake Lämmijärv and Lake Pskov within 60 working days after allocation thereof between the parties at the Intergovernmental Commission on Fishing on Lake Peipus, Lake Lämmijärv and Lake Pskov. Catches approved pursuant to this subsection shall not be deemed to be fishing opportunities as defined by 16 (3) of this Act.

(17.04.08 entered into force 23.05.08 - RT I 2008, 19, 133)

(4) The list of documents to be presented upon application for a commercial fishing permit, the procedure for the issue, suspension and revocation of fishing permits and the format of fishing permits shall be established by the Government of the Republic. The procedure shall include the method for calculating fishing opportunities.

(17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9)

(4¹) The validity of a permit is suspended in the case specified in Article 6.2 of Council Regulation 3317/94/EC, or if the validity of the fishing licence has been suspended.

(06.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

(5) In order to fish commercially in waters in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (hereinafter NAFO), the master of the fishing vessel indicated in the application shall also have a certificate confirming his or her knowledge of the NAFO rules. The corresponding certificate shall be issued by the Environmental Inspectorate for one year. The procedure for the issue of certificates concerning knowledge of NAFO rules and the methods for assessing such knowledge shall be established by the Minister of the Environment.

(6) The permitted fishing gear, quota allocations, fishing seasons and/or the number of fishing days, and the fishing area shall be designated in the fishing permit. If the entrepreneur has, independently of the Republic of Estonia, obtained the right to fish in waters beyond the jurisdiction of the Republic of Estonia but the granter of the right to fish requires the consent of the Republic of Estonia for the fishing right to be exercised, the fishing area shall be designated in the fishing permit and the basis for obtaining the right to fish shall be indicated in the permit.

(7) For the purposes of this Act, a fishing day is a calendar day during which a fishing vessel is present in waters where fishing is regulated, regardless of whether fish are actually caught.

(8) A commercial fishing permit shall be refused if:

1) the applicant or the fisherman specified in the application has more than one punishment for a misdemeanour or one punishment in force for a criminal offence imposed for a violation of the requirements for or relating to fishing listed in § 20² of this Act;

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

11) the applicant or a fishing vessel of the applicant does not conform to the requirements established by the European Union;

(14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

2) less than one year has passed since revocation of the fishing permit of the fishing vessel for violation of fishing requirements;

3) the applicant submits false information in the application;

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

4) (Repealed - 17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9)

5) the fishing vessel of the applicant is not permitted to fish in the fishing area by legislation regulating fishing or by the state or international organisation regulating fishing in the fishing area;

6) the applicant fails to pay the fee for the right to fish within the set term;

7) (Repealed - 17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9)

8) an application for entry of the fishing vessel in a permit is submitted regarding a fishing vessel whose fishing licence has been revoked or suspended or the vessel does not have the licence;

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

9) the permit is applied for under the conditions which do not correspond to the segment of fishing fleet into which the fishing vessel indicated in the application has been entered in the state register of fishing vessels;

(17.12.2003 entered into force 01.03.2004 - RT I 2004, 2, 9)

10) the master specified in the application for a fishing permit of a fishing vessel has more than one punishment in force for a misdemeanour or one punishment in force for a criminal offence imposed for a violation of the requirements for or relating to fishing listed in § 20² of this Act.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(9) If an applicant has not paid for the fishing opportunities applied for by the applicant or granted to the applicant by division pursuant to subsection 16 (3) of this Act or has not collected the fishing permit by 30 April of the year for which the permit is applied for, if payment of the fee is not required, the fishing opportunities are considered released to the extent of the unpaid or uncollected part. If the permitted fishing opportunities are divided pursuant to subsection 16 (3) of this Act, the released fishing opportunities shall be divided according to the historical fishing rights determined pursuant to subsection 16 (3) of this Act. If the permitted fishing opportunities are divided pursuant to the applications or fishing opportunities have been released on behalf of all applicants who receive fishing opportunities on the basis of historical fishing rights, fishing opportunities shall be divided after the release thereof in the order in which the issuer of permits receives the applications submitted according to the requirements. Released fishing opportunities shall not be divided to persons on whose behalf the fishing opportunities are released. If released fishing opportunities are not paid for by 1 December of the year for which the permit is applied, such fishing opportunities are not considered to be fishing opportunities legally acquired by the person.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)

(10) (Repealed 18.10.07 – entered into force 1.01.08 - RT I 2006, 60, 444)

(11) For bodies of water where the permitted fishing opportunity for entangling or enmeshing nets is 10 or more nets, a fishing permit shall be issued for the use of at least 10 nets at a time, except in the case specified in subsections (12) and (13) of this section.

(17.04.08 entered into force 1.01.08 - RT I 2007, 57, 377)

(12) A fishing permit for the use of less than 10 entangling or enmeshing nets shall be issued if, in addition to the fishing opportunity for entangling or enmeshing nets, the undertaking holds a fishing opportunity for fishing by pound net or at least two fyke nets or open-sea traps. No fishing permit for fishing by less than 10 entangling or enmeshing nets shall be issued for fishing on Lake Peipus, Lake Lämmijärv or Lake Pskov.

(17.04.08 entered into force 1.01.08 - RT I 2006, 60, 444)

(13) A professional fisherman who is a permanent resident of a permanently inhabited small island may be issued a fishing permit for the use of five or more entangling or enmeshing nets.

(17.04.08 entered into force 1.01.08 - RT I 2007, 57, 377)

§ 13⁵. Fishing right of owner of immovable

(1) The owner of a privately owned water body may fish or permit fishing on the water body, taking into consideration the restrictions established by and on the basis of this Act on fishing gear, fishing seasons and species of fish which it is permitted to catch. In order to fish with commercial fishing gear, the owner of a privately owned water body shall apply for a fishing permit, which shall be issued free of charge by Ministry of Agriculture or a government authority appointed by the Minister of Agriculture. The owner of a privately owned water body may prohibit line fishing and recreational fishing on the body of water in the cases provided for in §§ 10 and 11 of this Act.

(15.12.2004 entered into force 01.09.2005 - RT I 2004, 89, 609)

(2) Fishing on a privately owned water body located within the boundaries of several immovables shall be regulated by an agreement between the owners of the immovables.

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514)

§ 13⁶. Fishing licence

(1) A fishing licence shall be issued to a fishing vessel entered in the state register of fishing v