Estonia, Fishing Act (consolidated text Dec 2008)nobeigums

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 Ministry of the Environment.

(1¹) In cases prescribed by the legislation of the European Union or by international agreements, supervision may also be conducted by inspectors of the European Union or, in waters outside of Estonian jurisdiction, by inspectors of the coast states or organisations regulating fishing.

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

(2) Upon the supervision of fishing in waters outside the jurisdiction of the Republic of Estonia, the provisions of the Environmental Supervision Act (RT I 1997, 86, 1460; 1999, 54, 583; 95, 843; 2000, 51, 319) apply in so far as this is not regulated by the legislation of the European Union or by international agreements.

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

(3) If the master of a ship fails to allow, in waters outside of the Estonian jurisdiction, the coming aboard of and inspection by duly authorised inspectors, the Environmental Inspectorate shall order the master to immediately allow the performance of such acts, except in situations where, pursuant to generally recognised international rules, procedure or practice related to maritime safety, such taking on board or inspection must be postponed. If the master of a ship fails to comply with such order, the validity of the fishing licence of the ship is suspended.

(4) In the exercise of supervision, the master of a ship is required to:

1) allow and facilitate the quick and safe boarding of the inspectors;

2) co-operate with and assist the inspectors upon inspecting the ship;

3) not hinder or interfere with the work of the inspectors in the course of inspection;

4) allow the inspectors to use the telecommunications means of the ship as necessary in order to enable communication between the inspectors and the agencies of the flag state and the inspecting state during inspection;

5) guarantee that the inspectors have necessary conditions for work, and provide them with food and accommodation as necessary;

6) facilitate the safe departure of the inspectors from the ship.

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

§ 24¹. Observers

(1) The Minister of the Environment may determine fishing grounds or caught species in the case of which a fishing vessel with an Estonian paper of nationality has the obligation to take aboard an observer. The observer must be taken aboard before fishing is commenced.

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

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

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

(4) The requirements for the observer and the tasks of the observer shall be established by the Minister of the Environment.

(5) The procedure for submission of information collected by an observer and the format in which such information is to be submitted shall be established by the Minister of the Environment.

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

(6) If, arising from international agreements or requirements of the European Union, the presence of an observer on board all vessels or during the entire time of fishing is not required in an area determined based on subsection (1) or upon fishing for all species, the Minister of the Environment shall determine, by a Regulation, the extent of decreasing coverage by observer and shall establish the procedure for determining the period of coverage by observer. Reduction of the extent of coverage by observer shall be guided by the aim of placing observers on board of vessels and the balance between different types of fishing vessels or vessels fishing in different areas.

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

(7) The Environmental Inspectorate shall determine, for each year, the period of time during which the extent of coverage by observer shall be reduced based on subsection (6) of this section. If an operator or ship's master has committed, during the past two years, a violation not specified in § 20² of the Fishing Act, then the extent of observer coverage for the ship connected to such violation shall not be reduced.

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

§ 24². Satellite monitoring system

(1) Estonian fishing vessels shall be equipped with an autonomous satellite communications based system for monitoring vessels (hereinafter satellite monitoring system) and to forward data by the satellite monitoring system pursuant to Commission Regulation 2244/2003/EC laying down detailed provisions regarding satellite-based monitoring systems (OJ L 333, 20.12.2003, pp. 17–27). The fishing vessels monitoring centre specified in Article 3 of Commission Regulation 2244/2003/EC of Estonia operates at the Environmental Inspectorate.

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

(2) Where necessary, the Ministry of the Environment may establish a list of data to be forwarded via the satellite monitoring system, the frequency of and procedure for presenting information, as well as the requirements for the satellite monitoring system.

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

§ 25. Compensation for damages caused by unlawful fishing

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

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

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

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

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

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

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

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

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

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

(4) Damage which has been caused to fishery resources shall be compensated for. The rates of compensation for damage and the bases and methods for the calculation of damage caused to fishery resources by fishing or in any other way, including the standard format of the report on calculation of the damage caused to fishery resources shall be established by the Government of the Republic. Establishment of the rates of compensation for damage shall be based on threats to the species of fish and the conservation status and market price thereof. The rate of compensation for damage per individual of a species shall not be less than 50 kroons or more than 5000 kroons. The rate of compensation for damage per individual salmon shall not be less than 1000 kroons or more than 2000 kroons. The rate of compensation for damage per one kilogram of a species shall not be less than 10 kroons or more than 500 kroons, except in the cases set out in subsection (6) of this section.

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

(5) (Repealed - 6.12.06 entered into force 07.01.07 - RT I 2006, 60, 444)

(6) If damage is caused to an individual of a species in closed season or in a prohibited area for fishing or to fishery resources to a particularly great extent, the rate of compensation for damage per individual or kilogram of a species may be ten times the rate determined pursuant to subsection (4) of this section. Damage caused to fishery resources upon fishing by using electricity, toxic or narcotic substances, firearms, explosive charges or by other methods which cause fish to die for no purpose is deemed to be causing damage to a particularly great extent.

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

§ 25¹. Implementation of Act

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

(2) If an entrepreneur has used a fishing vessel to fish for sprat, Baltic herring or cod for less than three years for the reason that the entrepreneur came into possession of the fishing vessel in 1999, the average fishing opportunities related to the fishing vessel and used legally in 1999 and 2000 are deemed to be the three year average. If an entrepreneur has used a fishing vessel for this purpose for less than three years for the reason that the entrepreneur came into possession of the vessel in 2000, the fishing opportunities related to the fishing vessel and used legally in 2000 are deemed to be the three year average.

When this average is multiplied by three, the amount obtained is deemed to be the fishing opportunities actually used legally in the waters in the previous three years as defined by § 16 of this Act. The provisions of this section apply to an extent which does not reduce the historical fishing rights of another person by more than 10 per cent.

(3) Subsections 16 (5) and (6) and subsection 25¹ (2) of this Act enter into force on the day following the date of publication in the Riigi Teataja.

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

(4) Section 13⁶ of this Act enters into force on 1 August 2003. Fishing licences become mandatory as of the start of issue of fishing permits for fishing vessels for the year 2004.

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

(5) The obligation to register fishing vessels in the state register enters into force:

1) on 1 August 2002 for ships with a length of twenty-four metres and longer;

2) on 1 August 2003 for ships with a length of less than twenty-four metres.

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

(6) Subsection 18 (7) of this Act enters into force on 1 January 2003.

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

(7) On the tenth day after publication in the Riigi Teataja:

1) subsections 15 (3¹)–(3³), 16 (3²)–(3⁵) and 16² (2) and (3) of this Act enter into force;

2) subsections 11 (1) and (2), clauses 11 (3) 1)-3), subsections 11 (4)-(11) and (12)-(15), subsections 15 (1)–(12), (3), (4) and (8) and subsection 16 (3) of this Act enter into force in the wording of 17 December 2003.

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

(8) On 1 March 2004:

1) 1) subsections 13 (6)-(14), subsections 13¹ (5) and (6), subsection 13³ (11), clauses 13⁴ (8) 8)-10), subsections 13⁶ (41) and (42), subsections 15 (13), (14) and (21), subsections 16 (2¹) and (5¹), clauses 16¹ (2) 9) and 10) and subsection 16¹ (3), clause 17 (2) 6), § 17¹, subsections 18 (8) and (9), subsections 19 (4) and (5), subsections 20 (7) and (8), § 20², § 23⁴, § 23⁵, § 23⁶, subsection 24² (11) and subsections 25 (5) and (6) of this Act enter into force;

2) section 1, subsections 13 (1) and (5), subsection 13⁴ (4), clause 13⁴ (8) 1) and subsection 13⁴ (9), subsections 13⁶ (1), (4) and (5), subsections 15 (2) and (7), clauses 16¹ (2) 1) and 2), subsection 18 (1), subsections 19 (3), subsections 20 (6), the title of § 23¹ and subsection 23¹ (1), the title of § 23² and subsection 23² (1), § 23³, subsection 24² (1) and subsection 25 (4) of this Act enter into force in the wording of 17 December 2003;

3) clauses 13⁴ (8) 4) and 7), clause 16¹ (2) 5), and § 20¹ of this Act are repealed.

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

(9) On 1 January 2005:

1) clause 11 (3) 4) of this Act enters into force;

2) section 13³ of this Act is repealed, and in subsection 13⁶ (4) of this Act, the words "registrar of the state register of fishing vessels" shall be substituted by the words "authorised processor of the state register of fishing vessels";

3) the words “and restricted fishing rights” are omitted from subsection 15 (1) of this Act, the words “and restricted fishing rights” and "the right to catch crayfish" are omitted from subsection 15 (7) of this Act, and the words “the right to catch crayfish, restricted fishing rights” are omitted from subsection 15 (8) of this Act;

4) the words “ on the basis of permits to catch crayfish or restricted fishing permits” are omitted from clause 20 (6) 4) of this Act;

5) the obligation provided for in subsection 24² (1) of this Act enters into force in respect of vessels with overall length between 15 and 18 metres (included);

6) clause 11 (3) 5), subsection 11 (11¹) and subsection 15 (11) of this Act enter into force in the wording of 15 December 2004.

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

(10) Fishing cards issued before the entry into force of the wording of § 11 of this Act of 17 December 2003 are valid until the date of expiry thereof.

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

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

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

(13) If a person who has engaged in restricted fishing in the years 2002, 2003 or 2004 wishes to engage in commercial fishing pursuant to a fisherman's fishing permit as of the year 2005, the person shall submit a corresponding application to the environmental service of the catching area and register himself or herself in the commercial register as entrepreneur engaged in commercial fishing by 1 September 2004. In this case, restricted fishing opportunities legally acquired by the person shall also be taken into consideration as legally acquired fishing opportunities specified in subsection 16 (3) of this Act upon division of commercial fishing opportunities to the person on the basis of the historical fishing rights. Commercial fishing may be commenced in the same county where the person engaged in restricted fishing. The greatest amount of fishing gear entered on a permit issued to a person for a particular year is considered to be the fishing opportunity legally acquired by the person for that year.

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

(14) The fishing permits for 2005 shall be issued by the Ministry of the Environment, the environmental services of the relevant county or the environmental service appointed by the Minister of the Environment.

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

(15) In 2004, applications for a fishing card may also be submitted prior to the establishment of the restrictions for 2005 on the basis of subsections 11 (11) and (11¹) of this Act. A person is deemed to have waived application for a fishing card submitted prior to the entry into force of this subsection if the person has failed to pay the fee for the right to fish for recreation by 1 February 2005.

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

(16) On 1 September 2005:

1) subsections 13¹ (3), 13² (5), 13⁴ (3), 13⁵ (1) and 16 (21) of this Act enter into force in the wording of 15 December 2004;

2) subsections 16 (1) and (2) are repealed.

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

(17) On 1 January 2006, section 6¹, subsection 17¹ (2) and subsections 18 (3) and (9) of this Act enter into force in the wording of 15 December 2004.

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

(18) Subsection 13⁴ (10) of this Act is in force until 31 December 2007.

(19) Subsections 13² (31) and 13⁴ (11) and (12) enter into force on 1 January 2008.

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

§ 26. Repeal of earlier legislation

(1) The following are repealed:

1) sections 1-28 of the Republic of Estonia Fishing Act (RT 1991, 43, 516);

2) Resolution of the Supreme Council of the Republic of Estonia "On Implementation of the Republic of Estonia Fishing Act" (RT 1991, 43, 517).

(2) (Repealed - 16.06.99 entered into force 23.06.99 - RT I 1999, 54, 583)

§ 27. Entry into force of Act

This Act enters into force on 1 January 1996.