This content is exclusively provided by FAO / FAOLEX

Law 26/2021 on fishing and management of the aquatic environment (consolidated text).

Country
Type of law
Legislation
Source

Abstract
The purpose of this Law is to regulate fishing and to promote, protect and conserve fishery resources in any course or body of water in the Principality to ensure the preservation of aquatic fauna and flora and their natural habitats.
The text is composed of 8 Chapters. Beside defining the law's field of application, Chapter 1 precises that fishing means the set of authorized techniques and activities related to the capture of fish, which can be practised by anyone holding a fishing licence. The provisions of this Law also apply to all those people who, without exercising the right to fish, carry out actions that affect fish resources and aquatic ecosystems.
Chapter 2 classifies the courses and bodies of water into: 1. Free fishing waters; 2. Waters subject to a special regime; 3. Scenarios for holding fishing competitions.
Chapter 3 regulates the protection of aquatic habitats, which particularly aims at protecting the banks and the beds of courses and masses of water and at guaranteeing the minimum ecological flows. In this perspective every work that impacts on or modify the watercourses or alters the beds and margins of the watercourses and bodies of water is subject to special protection measures aimed at ensuring the reproduction of species. This involves that any such work requires the authorization of the Government, with a prior report from the ministries responsible for territorial planning and fisheries, on the technical conditions of the work and on the impact on the aquatic environment.
Chapter 4 covers the protection, conservation, management and promotion measures for fishing. These measures include the absolute fishing ban, which can be imposed by the Government, in case of severe depletion of the waters of affected courses or bodies, for the period it considers appropriate. This Chapter also sets up the Fishing Monitoring Commission whose function is the preparation and monitoring of the application of management plans, analysis of future management plans and monitoring of aquatic fauna populations. Among the protection measures this Chapter also provides that the Ministry responsible for fisheries can adopt measures aimed at promoting fish wealth, restocking watercourses and bodies of water, and, if necessary, adopting measures to balance fish species. A number of fishing prohibitions are also set here, among which there is the possession of fishing products originating from restricted areas; fishing on unworkable days and hours or fishing outside the established fishing season; fishing by using dynamite and explosive materials, chemical and poisonous substances and artificial light sources etc.
Chapter 5 regulates the exercise of fishing rights and covers fishing licenses and boundary permits.
Chapter 6 concerns inspections and controls, which are competence of the Corps of Banders, attached to the ministry responsible for fishing. Article 38 list their powers. Chapter 7 describes the offences and penalties inherent to fishing and classifies them in minor, less serious, serious and very serious offences. Chapter 8 is related to the description of the sanctioning procedure.
The Fisheries and Aquatic Environment Management Law of June 28, 2002 is repealed. The text is terminated by 3 final dispositions, one of which provides that the Government establishes by Decree the fishing season: the state of snowing and the thawing of courses and bodies of water is taken into account to define such periods. Likewise, the Government delimits fishing bans, fishing limits and no-kill fishing sections, and sets the rates of fishing licenses and fishing permits and the venues for holding fishing contests.
Date of text
Repealed
No
Publication reference
Butlletí Oficial del Principat d'Andorra Núm. 119 del 17 de novembre del 2021.
Source language

English

Legislation Amendment
No
Original title
Llei 26/2021, del 25 d’octubre, de text consolidat de pesca i gestió del medi aquàtic.
Repeals