Estonia, Fishing Act (consolidated text Dec 2008) turpinajums

§ 13⁶. Fishing licence

(1) A fishing licence shall be issued to a fishing vessel entered in the state register of fishing vessels, based on the provisions of Council Regulation 3690/93/EC establishing a Community system laying down rules for the minimum information to be contained in fishing licences (OJ L 341, 31.12.1993, pp. 93–95; L 019, 25.01.1996, p. 57).

(17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9; 14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

(2) The authorised processor of the state register of fishing vessels shall issue fishing licences.

(3) A fishing licence need not be kept on board of a vessel with an overall length less than 10 meters, which is used for fishing only in waters under the jurisdiction of the Republic of Estonia.

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

(4) The authorised processor of the state register of fishing vessels shall revoke a fishing licence if:

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

1) the vessel is no longer used for fishing. The use of a vessel for fishing is deemed to have been terminated if the vessel has not been used for fishing during two consecutive years;

2) the vessel is deleted from the register of fishing vessels.

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

(4¹) An expired fishing licence shall be returned to the authorised processor of the state register of fishing vessels within ten days after the expiry of the licence. If the certificate is issued to a fishing vessel operating in waters outside the jurisdiction of the Republic of Estonia, the certificate shall be returned within thirty days after the expiry of the certificate.

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

(4²) The authorised processor of the state register of fishing vessels shall suspend a fishing licence if:

1) a vessel has not been used for fishing within one year;

2) the requirements for or relating to fishing listed in § 202 of this Act have been violated upon the use of the ship.

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

(4³) For the period during which the fishing licence is suspended, the licence shall be returned to the authorised processor of the state register of fishing vessels. Upon suspension of a fishing licence in the case specified in clause (4²) 1) of this section, the licence shall become valid again upon re-submission of the application for the fishing permit for the fishing vessel, and in the case specified in clause 2), if the owner or possessor of the vessel has met all the requirements made or borne all punishments imposed on him for the violation of the requirements for or relating to fishing listed in § 20² of this Act upon the use of such vessel.

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

(5) The Government of the Republic shall establish the procedure for the issue, suspension and revocation of fishing licences and the format of fishing licences.

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

§ 14. Special purpose fishing

(1) Fishing is considered to be of special purpose if it is carried out for the purpose of environmental studies, to collect roe needed for the production of restocking material, to catch breeder fish, to collect hypophysis, for the purpose of the transplantation of fish, to avoid the death of fish or to improve the ecosystem of a water body. In addition to the above, the Ministry of the Environment may declare fishing carried out within the framework of recreational fishing competitions, or fishing organised, for the purposes of practical training, by schools which have fishing practice included in their approved curricula to be special purpose fishing. In declaring fishing to be special purpose fishing, the Ministry of the Environment shall take account of the limitations for fishing for the species to be caught which arise from international legislation, whether the fishing is justified and, in the case of recreational fishing competitions, also the scope of the fishing and, whether the objective of the fishing can be achieved by any other means. Upon special purpose fishing, except for fishing within the framework of recreational fishing competitions or fishing for practical training purposes, the Ministry of the Environment may permit the use of fishing gear or manners of fishing which differ from those permitted by this Act and legislation established on the basis thereof, and allow special purpose fishing in seasons and areas closed for fishing.

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

(2) The right to carry out special purpose fishing is granted by a special purpose fishing permit.

(3) Special purpose fishing permits shall be issued by the Ministry of the Environment.

(4) The format of special purpose fishing permits, and the procedure for the review of applications for special purpose fishing permits and the issue and revocation of permits shall be established by the Ministry of the Environment.

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

§ 15. Payment for fishing rights

The fee for the right to fish shall be paid pursuant to the Environmental Charges Act and legislation established on the basis thereof.

(07.12.05 entered into force 01.01.06 - RT I 2005, 67, 512)

§ 16. Restriction of commercial fishing opportunities

(1) (Repealed - 22.02.2005 entered into force 01.09.2005 - RT I 2005, 15, 87)

(2) (Repealed - 22.02.2005 entered into force 01.09.2005 - RT I 2005, 15, 87)

(2¹) In order to preserve, restore or increase fishery resources, the Government of the Republic may restrict the fishing effort or fishing capacity of vessels, the gross tonnage or engine power of fishing vessels in certain waters or upon fishing certain species of fish. The provisions of subsection (3) of this section apply to the division of limited fishing effort, fishing capacity, gross tonnage or engine power between applicants for fishing permits.

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

(3) If the permitted fishing opportunities of waters do not allow applications for fishing permits to be satisfied fully, the fishing opportunities shall be divided between the applicants who have legally acquired fishing rights for the same waters during the previous three years, except for fishing for sprat and Baltic herring, in which case the fishing opportunities shall be divided between the applicants who have been fishing on the same waters during the previous three years. Upon division, it shall be ensured that the proportion of the fishing opportunities acquired legally by each applicant for the same waters during the previous three years remains the same in relation to the fishing opportunities acquired legally by other persons for the same waters during the previous three years (historical fishing rights). Fishing opportunities are deemed to be acquired if they are entered in the permit and are paid for or the fishing permit is collected, if payment of the fee is not required. Upon calculation of historical fishing rights, the right to fish acquired pursuant to subsection (6) of this section shall also be taken into consideration. Upon calculation of historical fishing rights, the fishing rights which the applicant has transferred pursuant to subsection (6) of this section or waived pursuant to subsection (7) of this section shall not be taken into account. Fishing opportunities which have arisen additionally after the division of fishing opportunities shall be divided on the basis of the historical fishing rights determined pursuant to this subsection if the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully. If the permitted fishing opportunities are divided pursuant to applications, fishing opportunities which have arisen additionally shall be divided in the order in which the issuer of permits receives applications submitted according to the requirements. Fishing opportunities are deemed to arise upon establishment thereof pursuant to subsection (134) (3) of this section.

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

(3¹) If the fishing opportunities sold by auction are not calculated on the basis of the quantity of fish caught, it is permitted to round the results of the calculation of fishing opportunities to whole numbers.

(08.02.2001 entered into force 26.02.2001 - RT I 2001, 18, 88)

(3²) If the permitted fishing opportunities established for the first time do not enable applications for fishing permits to be satisfied fully, the fishing opportunities shall be sold at an auction. The starting price at an auction shall be determined on the basis of § 11 of the Environmental Charges Act.

(07.12.05 entered into force 01.01.06 - RT I 2005, 67, 512)

(3³) If the permitted fishing opportunities established for the first time have earlier been used otherwise and the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully, the provisions of subsection (3) of this section apply upon division of fishing opportunities and, upon calculation of historical fishing rights, the fishing opportunities used as established earlier shall be recalculated, except in the case provided for in subsection (3⁴) of this section.

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

(3⁴) If, upon gathering of agar-agar, the permitted fishing opportunities are established as quota allocations instead of allocations per fishing gear and the permitted fishing opportunities do not allow applications for permits to be satisfied fully, the average of the fishing opportunities of applicants used during the previous three years shall be recalculated and allocated to the applicants who used the fishing opportunities as established earlier and the remaining fishing opportunities shall be sold at an auction. The starting price at an auction shall be determined on the basis of § 11 of the Environmental Charges Act. If the fishing opportunities are smaller than the total of the fishing opportunities of applicants who during the previous three years used the fishing opportunities as established earlier, the provisions of subsection (3) of this section apply upon division of fishing opportunities and, upon calculation of historical fishing rights, the fishing opportunities used as established earlier shall be recalculated.

(07.12.05 entered into force 01.01.06 - RT I 2005, 67, 512)

(3⁵) If the permitted fishing opportunities established for the first time have earlier been used otherwise and the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully, but the persons who have used fishing opportunities earlier do not apply for fishing opportunities, the provisions of subsection (3²) of this section apply.

(17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9)(36) If, upon fishing for Baltic herring on the basis of a fisherman's fishing permit, the permitted fishing opportunities are established as quota allocations instead of allocations per fishing gear and the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully, then the permitted quota allocations are divided by the total number of pound nets acquired by the all the applicants during the preceding year as a result of which the permitted quota allocation per one pound net is obtained, and each applicant is allocated fishing opportunities by multiplying the number of pound nets lawfully acquired by the applicant during the preceding year with the permitted quota allocation per one pound net. Upon calculation of fishing rights, the fishing rights which the applicant has transferred pursuant to subsection (6) of this section or waived pursuant to subsection (7) of this section shall not be taken into account.

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

(4) For the purposes of subsection (3) of this section, waters are a water body or a delimited part thereof where restrictions are imposed on fishing opportunities.

(5) In order to participate in an auction, a participation fee and a deposit shall be paid. The participation fee shall not exceed 10 per cent of the starting price of all the fishing opportunities for the same species in the same waters sold at auction and shall not exceed 300 kroons. The size of the deposit shall be 50 per cent of the specified starting price. The participation fee shall not be refunded. The deposit shall not be refunded to a person who causes the failure of the auction. The procedure for conducting auctions shall be established by the Government of the Republic.

(08.02.2001 entered into force 26.02.2001 - RT I 2001, 18, 88)

(5¹) A person who has caused the failure of an auction shall not participate in an auction of fishing opportunities for the same year and of the same type.

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

(6) It is permitted to transfer the historical fishing rights specified in subsection (3) of this section to a person who may hold a fishing permit. The transfer transaction shall be notarised. The transaction shall set out the extent of the transferred fishing rights, the basis thereof and the time of transfer of the fishing rights. The transfer of fishing rights enters into force as of the date on which a copy of the transfer transaction is transferred to the issuer of the fishing permit, unless the transaction provides for a later date.

(15.12.2004 entered into force 07.01.2005 - RT I 2004, 89, 609)(7) A person may waive the historical fishing rights specified in subsection (3) of this section and the fishing opportunities calculated on the basis thereof which have not been used by submitting a written application to the issuer of the fishing permit. The application shall set out the size of the fishing rights or fishing opportunities waived. If historical fishing rights and fishing opportunities are waived for the purposes of receiving support, the person is deemed to have waived the fishing rights and fishing opportunities as of the date of satisfaction of the application for support. If the application for support is not satisfied, the application for waiver of historical fishing rights and fishing opportunities is deemed to be withdrawn.

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

(8) Upon dividing the historical fishing opportunities which have been waived based on subsection (7) of this section, the provisions concerning fishing opportunities which have arisen additionally shall be taken into account.

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

§ 16¹. Premature termination of validity of fishing permit.

(1) A fishing permit shall terminate prematurely if the fishing opportunities designated thereby are exhausted.

(2) The issuer of a fishing permit shall revoke the fishing permit if:

1) the person who obtained the permit or the vessel entered in the permit no longer meets the requirements for obtaining a permit;

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

2) the person who obtained the permit or a fisherman entered in the permit violates the requirements for or relating to fishing provided for in § 20² of this Act more than once during a calendar year;

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

3) a foreign state or international organisation regulating fishing reduces the fishing opportunities in waters outside the jurisdiction of the Republic of Estonia to an extent which does not enable fishing pursuant to the given permit;

4) the fishing opportunities assigned to the Republic of Estonia or the European Union pursuant to international agreements are exhausted and the state or the European Union is required to end fishing in the area;

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

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

6) the person who obtained the permit fails to pay the fee for the right to fish within the set term;

7) the fishing vessel of the person who obtained the permit 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;

8) the person who obtained the permit does not ensure monitoring of the location of the fishing vessel by a satellite monitoring system or does not enable the presence of an observer on board the fishing vessel in a fishing area where this is required by the European Union, the state or international organisation regulating fishing;

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

9) the fishing licence of the vessel entered in the permit is revoked;

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

10) the master specified in the fishing permit of the fishing vessel violates the requirements for or relating to fishing provided for in § 20² of this Act more than once during the term of validity of the permit. In such case, the issuer of permits shall issue a new fishing permit at the written request of the holder of the permit within two weeks as of receipt of an application submitted according to the requirements;

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

11) a person holding a special purpose fishing permit has violated the conditions of the permit.

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

(2¹) In the case specified in clause (2) 4) of this section, the date of exhaustion of fishing opportunities shall be established by the Minister of the Agriculture or the European Commission.

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

(3) An expired fishing permit shall be returned to the issuer of permits within ten days after the expiry of the permit. If the permit is issued for fishing in waters outside the jurisdiction of the Republic of Estonia, the permit shall be returned within thirty days after the expiry of the permit.

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

§ 16². Obligation to certify fishing rights

(1) A person who is fishing shall always have the document certifying his or her right to fish with him or her during recreational, special purpose and commercial fishing and he or she is required to present such document to the person exercising supervision at the request thereof.

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

(2) If a document certifying the right to fish or a document specified in subsection 11 (7) of this Act does not have a photograph, or the recreational fishing rights were acquired by mobile phone payment, a person shall also carry an identity document during fishing.

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

(3) Upon fishing on the basis of a fishing permit of a fishing vessel, a copy of the permit is considered as a document certifying the right to fish within seven days after issue of the permit. The abovementioned temporal restriction does not apply upon fishing in waters outside the jurisdiction of the Republic of Estonia.

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

§ 17. Rules on fishing and collection of aquatic plants (hereinafter Fishing Rules)

(1) The procedure for fishing on all water bodies and the procedure for collecting aquatic plants shall be established by the Government of the Republic in the form of the Fishing Rules.

(2) The Fishing Rules shall prescribe:

1) closed seasons and prohibited areas for fishing;

2) minimum fish sizes and the conditions of by-catch;

3) restrictions on and requirements for fishing gear and methods;

4) a list and description of fishing gear;

5) requirements for marking fishing gear;

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

6) the methods for the calculation of the proportion of sprats and Baltic herring in trawl catch.

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

(3) For the purposes of this Act, by-catch is undersized fish and other species of fish which are caught in the fishing gear in addition to the species of fish permitted by the fishing permit.

(4) The Government of the Republic shall implement requirements for and restrictions on fishing resulting from international agreements in waters outside the jurisdiction of the Republic of Estonia in respect of vessels with an Estonian certificate of nationality, in so far as this is not regulated by the legislation of the European Union or by international agreements.

(12.10.2000 entered into force 10.11.2000 - RT I 2000, 81, 514; 14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208)

§ 17¹. First buyer of fish

(1) An undertaking registered in the commercial register whose business or a part thereof engaged in the handling of fish (hereinafter undertaking) is approved pursuant to the Food Act or who has notified the supervisory authority of such undertaking pursuant to the Food Act as well as an undertaking registered in the commercial register who has notified the supervisory authority of handling of fish by its business pursuant to the Feedingstuffs Act may engage in the first sale of fish. An undertaking who has punishments in force for violation of the requirements for the purchase or sale of fish is prohibited to engage in the first sale of fish.

(01.06.06 entered into force 01.07.06 - RT I 2006, 28, 211)

(2) The Ministry of the Agriculture shall organise the collection of information concerning first buyers.

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

(3) Purchase of fish for own use within one twenty-four-hour period is not deemed to be the first sale of fish if fish is bought in a quantity whose value is up to 300 kroons according to the average first sale price in Estonia during the year preceding the purchase. The average first sale prices in Estonia for the preceding year shall be published by fish species in the official publication Ametlikud Teadaanded and on the website of the Ministry of Agriculture by 10 January each year. The value of fish caught within the period of 1 to 9 January shall be calculated based on the latest published average first sale prices in Estonia.

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

Chapter 3

Maintaining Records on and Regulation of Fishing and Conservation of Fishery Resources

§ 18. Obligation to submit data concerning fishing

(1) A person who fishes or collects aquatic plants on the basis of a fishing permit is required to submit catch, collection or landing data pursuant to the requirements established by the Government of the Republic.

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

(2) The procedure specified in subsection (1) of this section also applies to the owners of private fishing grounds, to local governments with respect to fishing permits issued by them and to vessels flying the Estonian flag, irrespective of the fishing area.

(3) The maintenance of records on catch data shall be organised by the Ministry of Agriculture.

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

(4) Information shall also be submitted concerning mammals and birds which die in fishing gear as by-catch.

(5) The first buyer of fish shall submit information on the purchase of fish or aquatic plants from a person holding fishing rights, pursuant to the procedure established by the Government of the Republic.

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

(6) The master of a ship which receives, transports or processes fish at sea shall submit information on the receipt, processing, transport or landing of the fish pursuant to the procedure established by the Government of the Republic.

(08.02.2001 entered into force 26.02.2001 - RT I 2001, 18, 88)

(7) The master of a fishing vessel which catches fish or receives, transports or processes fish at sea shall notify the Environmental Inspectorate of the ship's entry into a port and of the quantity of fish on board. The time and procedure for notification and the list of data to be forwarded shall be established by a regulation of the Minister of the Environment.

(24.04.2002 entered into force 27.05.2002 - RT I 2002, 41, 250)

(8) Information shall also be submitted concerning the discharge, storage or transportation of fish which takes place before the first sale pursuant to Articles 9 and 13 of Council Regulation 2847/93/EEC establishing a control system applicable to the common fisheries policy (OJ No. L 261, 20.10.1993, pp. 1-16). The procedure for the submission of information, the format in which such information is to be submitted and the terms for the submission of information shall be established and the submitter of the information shall be determined by the Government of the Republic.

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

(9) If based on European Union law, a permit is required for transhipment, receipt, processing, joint fishing or lading activities of several vessels, the Government of the Republic shall appoint, by a Regulation, the authority issuing the permits. Where necessary, the Government of the Republic or a Minister authorised thereby may establish, by a Regulation, the procedure for the issue and the format of permits.

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

§ 19. Restrictions on fishing

(1) Fishing is regulated by the Fishing Rules and, taking international agreements and Estonian law into consideration, by establishing quota allocations, permitted types and a permitted amount of fishing gear, and a permitted number of fishing days and fishing vessels.

(27.01.2000 entered into force 02.03.2000 - RT I 2000, 13, 92)

(2) The bases for restrictions on fishing shall be scientific research and statistical data concerning fishing.

(3) If fishery resources are endangered, the Minister of the Environment shall establish temporary restrictions on fishing on the proposal of fish conservation and research institutions. The proposal of fish conservation and research institutions is unnecessary if the restrictions on fishing arise from an international agreement or have been determined on the basis of an international agreement by an international organisation regulating fishing.

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

(4) If the need to repeatedly or temporarily amend the fishing requirements arises form an international agreement, the Government of the Republic may delegate the right to the Minister of the Environment.

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

(5) The Minister of the Environment may prohibit the landing, transhipment at sea, keeping on board or receipt of a species of fish if it is prohibited to catch the species of fish.

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

(6) If the commercial fishing opportunities established per body of water or the annual permitted catches approved by the Government of the Republic based on subsection 13⁴ (3²) are exhausted, the Minister of Agriculture may suspend or terminate commercial fishing on such water body.

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

(7) If, pursuant to a Regulation of the European Union, the ports where fish may be landed or trans-shipped must be determined, the Minister of the Environment shall determine such ports.

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

§ 19¹. Certification of origin of fish

(1) Upon commercial fishing, the sales note, landing declaration, fishing record of the fishing vessel together with the fishing licence, coastal fishing record together with the fisherman's fishing permit or the declaration on the discharge of fish is deemed to be the document certifying the origin of the fish. The special fishing permit is deemed to be the document certifying the origin of fish caught upon special fishing. The fishing card, document in proof of payment for the recreational fishing right or, if the fishing rights were paid for using a mobile phone payment, the identity document of the person engaging in recreational fishing, or the document specified in subsection 11 (7) of this Act is deemed to be the document certifying the origin of fish caught upon recreational fishing.

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

(1¹) If lading is carried out by a third party fishing vessel, then in addition to the documents specified in subsection (1) of this section, a control document issued by the port state is deemed to be a document in proof of the origin of the fish provided that such document has been approved by the flag state of the fishing vessel.

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

(2) The requirements specified in this section concerning the certification of the origin of fish do not apply to fish purchased for own purposes in the quantities specified in clause 17¹ of this Act and fish caught by line fishing.

(3) The buyer of fish shall give a copy of the sales note for the fish to every next buyer of the fish who purchases the fish for handling for commercial purposes. If fish is sold in several lots then each buyer of fish shall receive a copy of the sales note which shall set out the quantity of the fish transferred, the date of transfer, the manner of presentation of the transferred fish, and data on the means of transport and driver of the seller.

(4) Upon handling of fish, the document certifying the origin of the fish shall be kept at the food business and, upon transport of fish, such document shall be kept in the means of transport used for carrying the fish, and the handler or carrier of fish is required to present such document to the person exercising supervision at his or her request.

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

§ 20. Prohibited activities, fishing methods and fishing gear

(1) While fishing or collecting aquatic plants on bodies of water, it is prohibited to:

1) alter the bottom of the water body or the shoreline profile;

2) obstruct shipping traffic in designated shipping lanes;

3) pollute the water or dump anything into the body of water;

4) damage or destroy markings, signs or constructions placed on or beside the body of water.

(2) While fishing, it is prohibited to catch fish which while fresh are smaller than the minimum size specified in the Fishing Rules. The conditions for by-catch of undersized fish shall be provided by the Fishing Rules.

(3) While fishing or collecting aquatic plants, it is prohibited to discard caught fish or collected plants into the water if they have lost their ability to live.

(4) It is prohibited to catch fish without using fishing gear, or with fishing gear not specified in this Act and not described in the Fishing Rules, or using methods which cause fish to die for no purpose and damage to fishery resources, such as fishing using electricity, toxic or narcotic substances, firearms or explosive charges.

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

(4¹) It is prohibited to manufacture, own, store, transfer, transport or use a means for fishing by electrical current (hereinafter electric fishing gear), except for the purposes of research of fishery resources. Electric fishing gear used for research purposes must be entered in the database established by the Minister of the Environment and the Ministry of the Environment shall issue a certificate concerning the electric fishing gear entered in the database.

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

(5) The use of fishing gear and fishing methods not described in the Fishing Rules is permitted if the Minister of the Environment grants permission therefor.

(6) The following are prohibited:

1) sell or purchase undersized fish or products prepared therefrom;

2) sell, purchase or transport fresh fish caught from a water body where the catch of the corresponding species is prohibited;

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

3) sell, purchase or handle fresh fish the origin of which cannot be proved;

4) sell or buy fish caught upon recreational fishing or line fishing.

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

(7) The prohibition on the purchase of fish specified in subsection (6) of this section applies to first buyers of fish and to each following buyer who buys the fish for further handling for commercial purposes.

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

(8) (Repealed - 6.120.2006 entered into force 07.01.07 - RT I 2006, 60, 444)

(9) It is prohibited to assist a vessel which, based on a Regulation of the Council of the European Union, has been included in the list of vessels concerning which are suspected of or have been identified as having engaged in illegal, unreported or unregulated fishing, and it shall be prohibited to engage in trans-shipment of fish at sea or to carry out joint fishing activities with such vessel.

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

(10) An operator entered in the commercial register of the Republic of Estonia is prohibited from use, upon fishing, a vessel which, based on a Regulation of the Council of the European Union has been included in the list of vessels which have been identified as having engaged in illegal, unreported or unregulated fishing.

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

§ 20¹. (Repealed - 17.12.2003 entered into force 16.01.2004 - RT I 2004, 2, 9)

§ 20². Activities significantly interfering with conservation and management of fishery resources

Violations of the requirements for or relating to fishing which are deemed to be activities significantly interfering with the conservation and management of fishery resources are the following:

1) hindering the work of an inspector or observer;

2) fishing without a fishing permit;

3) fishing with a falsified fishing permit;

4) fishing with prohibited fishing gear or attachments;

5) use of prohibited fishing methods;

6) fishing in closed season or in a prohibited area or in violation of the requirements for by-catch;

7) catch of undersized fish in violation of the requirements established for minimum sizes;

8) falsification of information required by the procedure for the submission of information, failure to submit information within the prescribed term or submission of false information;

9) absence of the requisite satellite monitoring system on board a ship or violation of the requirements prescribed by the procedure for forwarding information obtained through satellite monitoring system.

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

§ 21. Obligation of owners and possessors of water bodies to conserve fishery resources

The owners and possessors of water bodies are required to organise the conservation of fishery resources in the water bodies in the ownership or possession thereof.

§ 22. Import of fish or restocking of bodies of water with fish

(1) Live fish and other species of aquatic organisms which are not found naturally in Estonia and the fertilised roe thereof may be imported into Estonia only with the permission of the Minister of the Environment.

(2) The procedure for the restocking of bodies of water with fish shall be established by the Government of the Republic.

§ 23. Environmental impact assessment

(1) In order to erect buildings or constructions or perform other works which may damage fishery resources, an environmental impact assessment shall be organised pursuant to the procedure provided for in the Environmental Impact Assessment and Environmental Management System Act (RT I 2005, 15, 87).

(2) The Ministry of the Environment or the Environmental Board has, as the person exercising supervision over environmental impact assessment, the right to determine environmental requirements for the protection of fishery resources if the proposed activities may damage fishery resources or marine biota.

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

Chapter 3¹

Liability

(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)

§ 23¹. Violation of requirements for fishing, keeping of fish on board, sale, purchase or handling of fish or requirements related to electric fishing gear

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

(1) Fishing or catching of river lamprey or crayfish or the organisation thereof in closed season, in a prohibited area, with prohibited gear, without a permit or in violation of the requirements of the permit, and violation of other requirements for fishing, conservation or use of fishery resources, violation of the requirements for the purchase or sale of fish, handling of fish whose origin cannot be proven, or the use, manufacture, owning, storing, transfer or transport of prohibited electric fishing gear is punishable by a fine of up to 300 fine units.

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

(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

(3) A body conducting extra-judicial proceedings or a court may, pursuant to § 83 of the Penal Code, apply confiscation of the means of the commission of a misdemeanour provided for in this section and the thing which was the direct object of the commission of a misdemeanour provided for in this section.

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

§ 23². Fishing without fishing permit or fishing licence and using fishing vessel

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

(1) Fishing without a fishing permit or in violation of the requirements thereof or without a fishing licence, if a fishing vessel is used, is punishable by a fine of up to 300 fine units.

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

(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)

§ 23³. Violation of procedure for submission of information to be forwarded via satellite monitoring system or hindering work of observer or inspector

(1) Violation of the procedure for the submission of information to be forwarded via the satellite monitoring system, absence of the requisite satellite monitoring system on board of a ship or interference with the operation thereof or hindering the work of an observer taken on board a vessel or an inspector exercising supervision is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

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

§ 23⁴. Violation of procedure for submission of data concerning fishing, violation of requirements for transhipment, fishing operations on several vessels or landing, and assisting vessels engaged or suspected to engage in illegal, unreported or unregulated fishing or use of such vessels for fishing

(1) Violation of the procedure for the submission of data concerning fishing and violation of the requirements for transhipment, fishing operations on several vessels or landing, or assisting vessels entered in a list of vessels which are engaging or suspected to engage in illegal, unreported or unregulated fishing or the use of such vessels for fishing is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

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

§ 23⁵. Violation of requirements for collection of aquatic plants

(1) Collection of aquatic plants or the organisation thereof in closed season, in a prohibited area, with prohibited gear, without a permit or in violation of the requirements of the permit and violation of other requirements for the conservation or use of aquatic plant resources is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

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

§ 23⁶. Procedure

(1) The provisions of the General Part of the Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 82, 480; 105, 612; 2003, 4, 22; 83, 557; 90, 601) and of the Code of Misdemeanour Procedure (RT I 2002, 50, 313; 110, 654; 2003, 26, 156; 83, 557; 88, 590) apply to the misdemeanours provided for in §§ 231-235 of this Act.

(2) Extra-judicial proceedings concerning the misdemeanours provided for in §§ 231-235 of this Act shall be conducted by:

1) a police prefecture;

2) the Border Guard Administration;

3) the Environmental Inspectorate.

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

Chapter 4

Final Provisions

§ 24. Supervision

(1) Supervision over fulfilment of the requirements of legislation regulating fishing and the conditions designated in a fishing permit, even in waters outside the jurisdiction of the Republic of Estonia, shall be exercised by the Mi