official translation
REPUBLIC OF LITHUANIA
L A W
ON FISHERIES
27 June 2000, No VIII-1756
CHAPTER I
GENERAL PROVISIONS
Article 1. Purposes of the Law on Fisheries and its Territorial Application
1. The Law on Fisheries shall regulate the relations arising in the areas of fishing, aqualculture, processing and marketing of fish.
2. The objective of this Law is to ensure sustainable fishing, protection of fish resources and their restocking, fishing control, with account of the ecological conditions, economy of fisheries and the interests of the fishermen, fish farmers, processors and consumers.
3. The provisions of this Law shall apply on the land territory of the Republic of Lithuania, its internal waters, territorial sea, and the exclusive economic zone; on board the Lithuanian fishing vessels- the provisions shall apply in all waters.
Article 2. Definitions
1. Aquaculture - artificial breeding of fish, molluscs, crusteaceans and other organisms in fresh or sea water by creating the optimum of feeding and living conditions for these organisms.
2. Sea fishing vessel - a fishing vessel which has been granted the right to sail the seas by the classificatory companies operating in Lithuania which have been recognised in the manner established by the Government of the Republic of Lithuania.
3. Other (special) fishing - fishing activities for the purposes of scientific research, monitoring, fish breeding, acclimatisation, control catches, biological land reclamation, and training.
4. Lithuania’s fisheries - the Lithuanian territorial sea and the exclusive economic zone in the Baltic Sea, all internal surface water bodies of the Lithuanian Republic which are used for fisheries.
5. Lithuanian fishing vessel - a fishing vessel flying the flag of Lithuania and registered in the Register of Sea Fishing Vessels of the Republic of Lithuania.
6. Non-commercial fishing - fishing activity with non-commercial fishing gear in accordance with the requirements for non-commercial fishing.
7. First marketing of fish - the first wholesale sale of fish after its landing in Lithuanian ports or sale from fishing or other fish transportation vessels.
9. Aquatic plants - plants growing in the water, having commercial value, used by water animals for food, suitable as a substrate for spawning or of importance for the natural water purification process. The provisions of this Law applicable to the exploitation of fish resources shall also apply to the exploitation of aquatic plants.
10. Commercial fishing - fishing activity by means of commercial fishing gear for commercial purposes.
11. Fisheries - any activity related to the management, protection and restoration of fish resources, fishing, aquaculture, pond fisheries, fish processing and first marketing of fish.
12. Fish pond - a water body for growing and breeding fish, made in a riverbed, a sunken place on the surface of the earth, a hollow or an area surrounded by earth banks.
14. Fish breeding - breeding, growing and transfer of fish from one water body into another, also catching and keeping of reproductive species for the restoration, preservation and increase of fish resources.
16. Protection and restoration of fish resources - a sum total of legal, technical and financial measures in order to maintain stable, self-reproducing fish populations or restore the endangered populations.
17. Users of fish resources - natural and legal persons, also enterprises without the status of a legal person having the right to exploit fish resources.
18. Fishing - fish catching, their storage or processing on fishing vessels and transportation of caught fish by ships.
19. Fishing on high seas - fishing activities in maritime waters which do not belong to the exclusive economic zone, the territorial sea or the internal waters of the states.
20. Fishing quota - share of the total allowable catch allocated to any Lithuanian natural or legal person, or an enterprise without the status of a legal person engaged in commercial fishing , or to a foreign state.
21. Fishing vessel - any self-propelling or non-self-propelling craft outfitted for commercial fishing.
22. Fishing permit - a document issued in accordance with the established rules which grants the right to fish.
Article 3. State Regulation of Fisheries
1. The functions of state regulation of fisheries and the tasks specified in this Law shall be discharged within the limits of their competence by:
1) The Ministry of Agriculture - the functions with regard to developing the policy of the fisheries sector, state regulation of this sector and its integration in the European Union;
2. The Fisheries Board shall be established as an advisory body in formulating the fisheries policy and strategy.
3. The Fisheries Board shall be formed from the representatives delegated by the Government of the Republic of Lithuania, representatives of fisheries businesses and scientists. It shall carry out expert examination of the fisheries, provide recommendations to state institutions about the allocation of fishing quotas, fishing, protection and restoration of fish resources and other fisheries related issues. The Board shall be governed by the laws of the Republic of Lithuania and its own regulations approved by the Government.
Article 4. Lithuania’s Fisheries
2. Lithuania’s state-owned fisheries shall be as follows:
Article 5. Management of Lithuania’s Fisheries
1. The state fisheries of Lithuania shall be managed by the Government or bodies authorised by it in the manner stipulated by this Law and other laws.
2. The list of state fisheries which are not subject to leasing shall be approved by the Government.
Article 6. Lithuania’s Fish Resources
1. Fish resources of Lithuania’s fisheries, with the exception of private fisheries, shall be managed by the State of Lithuania. The manner of use of the resources shall be set forth in this Law and other legal acts.
Article 7. Types of Fishing
Types of fishing used in Lithuania’s fisheries shall be as follows:
Article 8. Commercial Fishing
1. Lithuanian natural persons, legal persons and enterprises without the rights of a legal person which, in the manner set forth in the laws of the Republic of Lithuania, have been authorised to pursue fishing activities and have obtained a statutory fishing right under Article 12 of this Law, may engage in commercial fishing.
Article 9. Recreational Fishing
1. Recreational fishing shall be permitted in all fisheries of Lithuania provided fishing in these waters is not restricted.
2. Foreign nationals shall fish in the water bodies of the Republic of Lithuania in the manner specified by the laws, fishing regulations and other legal acts of the Republic of Lithuania.
3. The manner of recreational fishing in private and leased fisheries of Lithuania shall be determined by the owner or the lease-holder. Such water bodies must have appropriate information signs.
Article 10. Other (Special) Fishing
1. Permits for other (special) fishing shall be issued by the Ministry of Agriculture, and for taking of species of fish included in the Red Book of Lithuania - by the Ministry of the Environment. The Ministry of Agriculture and the Ministry of the Environment shall determine conditions for this kind of fishing and the procedure of reporting.
3. Issuing of permits for fishing in state-owned fisheries leased for the purposes of fish breeding shall be subject to the consent of the lease-holder.
4. Issuing of permits for other (special) fishing in private water bodies shall be subject to the consent of the owner. Permits for other (special) fishing without the consent of the owner may be issued only in the event of an extraordinary ecological situation (an epizootic centre, research of valuable scientific objects, appearance of plants and animals undesirable in Lithuania, etc.).
Article 11. Regulation of Fishing and the Manner of Exploitation of Fish
Resources
1. During exploitation of fish resources, the possibilities for their natural reproduction must be ensured, optimum productivity of water bodies must be maintained and negative changes of water ecosystems must be avoided.
2. Fishing shall be regulated on the basis of scientific research data. In setting the restrictions for fishing in the exclusive economic zone and territorial sea of the Republic of Lithuania, account shall be taken of the recommendations of the International Baltic Sea Fisheries Commission.
3. The following fishing regulatory measures may be used:
Article 12. Granting a Fishing Right
1. A fishing right shall be granted by:
2. A fishing right shall be granted, in the manner determined by the Government or a body authorised by it, by the owner of a water body, and in leased water bodies - by their lease-holders. A lease-holder may issue a permit only for recreational fishing unless otherwise provided in the lease contract.
3. A right for other (special) fishing) shall be issued by the Ministry of Agriculture and owners of water bodies, and for fishing for species included in the Red Book of Lithuania - by the Ministry of the Environment.
4. Documents granting a fishing right shall set the areas, fishing methods and conditions for restoration and conservation of fish stocks.
5. Total allowable catches in the fishing areas under the jurisdiction of international fishing organisations shall be set by these organisations, and total allowable catches in Lithuania’s internal fisheries shall be set, in accordance with scientists’ recommendations, by the Ministry of the Environment. The procedure for allocating fishing quotas shall be determined by the Ministry of Agriculture. Where the set allowable catch limit is not sufficient for all natural, legal persons, and enterprises without the rights of a legal person, who have been authorised to engage in fishing activities in the manner set forth by the laws of the Republic of Lithuania, the Ministry of Agriculture has the right to allocate fishing quotas on a competitive basis.
Article 13. Termination of the Fishing Right
1. The fishing right shall terminate:
2) upon the death of the lease-holder if the rights and obligations incident to the lease contract are not assumed by the heirs or if there are no heirs;
2. The fishing right shall terminate upon the withdrawal of a fishing permit where natural and legal persons, and enterprises without the right of a legal person do not observe the laws regulating fishing, other regulatory enactments, grossly and repeatedly infringe fishing regulations and enactments, and terms and conditions of fishing permits. Water body lease contracts may be terminated only by court.
3. If the possibilities for fishing are terminated (or suspended) on account of the activities of other entities, the losses sustained must be compensated by these entities in the manner prescribed by the Government.
Article 14. The Rights of Users of Fish Resources
1. Users of fish resources shall have the right:
2) to exploit, under easements, the protective bank strips of the water bodies for activities related to fishing;
2. The owner of a private fisheries pond has the right to exploit fish resources of the pond and grant permission for their exploitation to other natural and legal persons, and enterprises without the rights of a legal person, in the manner set forth in this Law. The owner of the pond may set additional terms and conditions for persons to whom he grants the right to exploit fish resources.
Article 15. Obligations of Users of Fish Resources
1. Users of fish resources must:
2) comply with the requirements of international agreements of the Republic of Lithuania, laws of the Republic of Lithuania on fishing and fish protection, fishing regulations and requirements of other legal acts, and the terms and conditions stipulated in water body lease contracts or other documents granting the right to exploit fish resources;
3) if they are lease-holders of state internal water bodies, they must carry out research and evaluation of the condition of the fish resources under exploitation and submit the findings of the research to a body authorised by the Government and to owners of the water bodies;
4) implement the measures for restoration and conservation of fish resources in co-ordination with a body authorised by the Government and pond owners;
5) if it transpires that the fish resources which are being exploited are under a threat, undertake measures averting it, and in the event of harmful consequences - make, without delay, every effort to eliminate them and notify the Ministry of the Environment and the owners of the water bodies about it;
6) keep records in the manner determined by the Ministry of Agriculture and provide, free of charge, data about catches and sale of the catch to a body (person) which has granted the fishing right;
Article 16. Protection of Fisheries and Fish Resources
1. Protection of fish and aquatic plants shall be determined by this Law, the Law on Environmental Protection, the Law on Wildlife, the Law on the Protection of the Marine Environment and other legal acts.
2. When undertaking design, construction and reconstruction of enterprises, structures and other objects in fisheries and water protection zones, also when carrying out other projects that may have a negative impact upon fish and aquatic plants and their environment, the clients must ensure preservation of the conditions favourable for the reproduction, migration and life of these organisms. If the negative impact resulting from such an activity is inevitable for fish, aquatic plants and their environment, the project documentation must provide for damages or compensatory measures approved by bodies authorised by the Government.
3. The rules for determining and implementing compensatory measures and the damages calculation procedure shall be established by a body authorised by the Government.
Article 17. Regulation of Pond Fisheries and Pisciculture
1. Production of commodities from ponds and other internal fisheries shall be attributed to agricultural activities.
2. Fish ponds shall be exploited in accordance with the technological requirements for fish breeding in ponds determined by the Ministry of Agriculture.
4. It shall be prohibited to build new ponds above the higher-lying ponds in the basin of the same water source without an authorisation from the Ministry of Agriculture and the Ministry of the Environment.
5. A body authorised by the Government shall monitor the sanitary and epizootic condition of fish and hidrobionts bred in ponds.
6. Fish breeding, anti-epizootic and preventive measures and chalking of fish ponds may be financed from the State budget.
7. Natural and legal persons as well as enterprises without the rights of a legal person engaged in pond fisheries and pisciculture shall apply measures regulating the number of fisher birds in the manner prescribed by the Ministry of the Environment.
8. Activities related to pisciculture in state fisheries shall be conducted in accordance with the programme approved by the Ministry of Agriculture and
co-ordinated with the Ministry of the Environment.
9. Introduction of new species of fish, reintroduction of extinct species, transfer and breeding of rare and endangered fish species shall be conducted in the manner prescribed by the Ministry of the Environment and shall be subject to an authorisation from the Veterinary Service.
10. Breeding of rare, valuable or endangered species of fish, crustaceans and molluscs in state unleased fisheries, scientific research, development and introduction of new technologies, fish selection and breeding shall be funded from the State budget, as well as from municipal budgets, special funds and other sources.
Article 18. Registration of Fishing Vessels
1. Fishing vessels registered in the Register of Marine Vessels of the Republic of Lithuania and the Internal Waters Vessels of the Republic of Lithuania must also be registered in the Marine Fishing Vessels Register kept by the Ministry of Agriculture.
CHAPTER V
FISHING BY LITHUANIA’S MARINE FISHINGVESSELS
Article 19. Obligations of the Masters of Marine Fishing Vessels of the
Republic of Lithuania
The masters of marine fishing vessels of the Republic of Lithuania must:
1) fulfil the responsibilities of masters of ships of the Republic of Lithuania determined by the Government and comply with the procedure of entry into and exit from the ports and territorial waters of Lithuania;
2) make entries in logbooks following the rules on the fishing logbooks approved by the Ministry of Agriculture;
3) submit information about fishing operations, landing and transshipment of fish in accordance with the procedure laid down by the Ministry of Agriculture;
4) at the request of the officers of a body authorised by the Government, allow them to come on board a vessel, transfer them to other vessels operating in the area, allow them to inspect all the premises of the ship, inspect the catch and the fishing gear, the vessel documentation, and provide any other assistance needed during the inspection;
5) provide an opportunity for the officers of a body authorised by the Government to make copies of excerpts or, at their request, provide excerpts to them from fishing and vessel logbooks and other fishing documentation;
6) transmit free of charge official radiograms and messages of the officers of a body authorised by the Government over the vessel radio station;
7) have on board the vessel a fishing permit and a fishing card of the prescribed form, a fishing logbook, landing and transshipment declarations or their certified copies;
Article 20. Fishing on the High Seas
1. Fishing vessels of the Republic of Lithuania which have been granted a fishing licence shall have the right to engage in fishing operations on the high seas. The procedure for issuing licences and reporting about fishing on the high seas shall be established by the Ministry of Agriculture.
Article 21. Fishing in the Exclusive Economic Zones of Other States and
within Maritime Waters Subject to the Jurisdiction of International Fishing Organisations
1. Fishing vessels of the Republic of Lithuania shall fish in the exclusive economic zones of other states in the manner laid down in the international agreements of the Republic of Lithuania on relations relating to fishing, in compliance with the fishing regulations of those states, the provisions of this Law and other legal acts relating to fishing .
2. Fishing vessels of the Republic of Lithuania shall have the right to fish in the exclusive economic zones of other states provided they have a fishing permit. The procedure of issuing permits and reporting about fishing in the exclusive economic zones of other states shall be established by the Ministry of Agriculture.
3. Fishing vessels of the Republic of Lithuania shall fish in maritime waters under the jurisdiction of international fishing organisations in the manner laid down by these organisations, in compliance with the provisions of this Law and other legal acts of the Republic of Lithuania. The procedure of allocation of allowable catches determined by international fishing organisations shall be established by the Ministry of Agriculture.
CHAPTER VI
FISHING BY FOREIGN FISHING VESSELS IN THE EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF LITHUANIA
Article 22. Fishing by Foreign Fishing Vessels in the Exclusive Economic
Zone of the Republic of Lithuania
1. Foreign fishing vessels shall operate in the exclusive economic zone of the Republic of Lithuania solely in accordance with the manner laid down in international agreements of the Republic of Lithuania relating to fishing relations.
2. It shall be prohibited to fish in the exclusive economic zone of the Republic of Lithuania for fishing vessels of foreign states with which agreements on fishing relations have not been concluded.
3. Lithuanian natural persons, legal persons and enterprises without the rights of a legal person which have been granted the right to exploit fish resources shall be prohibited from leasing vessels to natural persons, legal persons and enterprises without the rights of a legal persons of foreign states for commercial shipping in the exclusive economic zone of the Republic of Lithuania.
4. Masters of foreign ships operating in the exclusive economic zone of the Republic of Lithuania must comply with the following requirements:
1) give at least three hours’ notice to the bodies authorised by the Government of the Republic of Lithuania about entry into the exclusive economic zone of the Republic of Lithuania, indicate the country of registration, the external identification, the name of the vessel, the international radio call signal, the time of entry (according to the GMT), the co-ordinates of entry into the exclusive economic zone of Lithuania, and the quantity of fish on board according to their species;
2) land the fish at Lithuanian ports or transship it to another vessel in the exclusive economic zone of the Republic of Lithuania in the manner laid down by the Ministry of Agriculture;
3) give at least three hours’ notice to the bodies authorised by the Government of the Republic of Lithuania about exit from the exclusive economic zone of Lithuania, indicate the country of registration, the external identification, the name of the vessel, the international radio call signal, the time of exit (according to the GMT), the co-ordinates of exit from the exclusive economic zone of the Republic of Lithuania, the quantity of fish caught (according to the species) in the waters of Lithuania;
5. Bodies authorised by the Government of the Republic of Lithuania shall notify the Navy of the Republic of Lithuania about the notices received from foreign fishing vessels about their entry into the exclusive economic zone of the Republic of Lithuania.
Article 23. Inspection and Sequestration of Foreign Fishing Vessels
1. Foreign fishing vessels operating in the exclusive economic zone of the Republic of Lithuania may be inspected in the manner established by the Government of the Republic of Lithuania or a body authorised by it.
2. If the master of a ship refuses to comply with the requests of the officers of the body authorised by the Government of the Republic of Lithuania, also where, according to the type of the offence, an administrative penalty may not be imposed on site or if the infringer refuses to provide a penalty payment guarantee, the officers of the body authorised by the Government of the Republic of Lithuania have the right to detain the infringers and bring their vessels to the port.
3. The sequestrated foreign fishing vessel shall be immediately released if a sufficient amount of a deposit is made or a written pledge by the owner of the ship or the insurance company is presented, certified by the master of the sequestrated ship, that damages and penalties shall be paid. When determining the amount of the deposit or pledge, account shall be taken of the maximum penalty that may be imposed on the infringer, of the extent of the damage and other circumstances.
Article 24. First Marketing of Fish
2. Natural and legal persons, enterprises without the rights of a legal person in carrying out marketing of fish, must submit to the Ministry of Agriculture fish sales notes with the following information:
Article 25. Fish Processing
1. The Ministry of Agriculture shall adopt the rules for:
Article 26. Monitoring of the Implementation of the Law on Fisheries
The implementation of this Law shall be the responsibility of bodies authorised by the Government.
Article 27. Liability for Non-compliance with the Law on Fisheries
The legal and natural persons, as well as enterprises without the rights of a legal person, who are in breach of the provisions of this Law shall be held liable in conformity with the laws of the Republic of Lithuania.
Article 28. Compensation for Damage to Fish Resources
1. Legal and natural persons as well as enterprises without the right of a legal person who have caused damage to fish resources must pay an indemnity in conformity with the laws of the Republic of Lithuania.
Article 29. Claims for Compensation for Damage
1. The following shall be entitled to make claims for compensation for damage and losses:
Article 30. Disputes Relating to Breaches of the Law on Fisheries
CHAPTER IX
INTERNATIONAL CO-OPERATION
Article 31. International Co-operation
1. The Republic of Lithuania, in accordance with the international principles of conservation and management of natural fish resources, shall conclude international agreements on fisheries, take part in the activities of international fisheries organisations.
2. Bodies authorised by the Government of the Republic of Lithuania involved in co-operation with other states and international organisations shall:
Article 32. International Agreements
If international agreements of the Republic of Lithuania with foreign countries and international fisheries organisations have provisions relating to fishing and fisheries protection other than those in the laws of the Republic of Lithuania, the provisions of the said agreements shall apply.
Article 33. Implementation of the Law
The Government shall draft and adopt legal acts necessary for the implementation of this Law by 1 October, 2000.