Act on Fisheries and Aquaculture (Fisheries Act) (No. 281 of 1999).

This Act establishes a comprehensive legal framework governing fisheries and aquaculture in Denmark, aiming to ensure sustainable management of living aquatic resources in both saltwater and freshwater while safeguarding broader animal and plant life. The Act applies to commercial and recreational fishing, fish farming, and the marketing, transport, storage, and trade of fish products, including activities regulated by EU law. It defines key concepts such as “fish” (covering fish, echinoderms, crustaceans, molluscs, and derived products), saltwater and freshwater territories, pooled fishing (puljefiskeri), and EU legal acts. The Minister for Food, Agriculture and Fisheries is granted broad regulatory powers to implement EU directives, regulations, and international agreements, including the authority to adopt national rules, grant derogations where permitted, and ensure compliance with conservation and environmental obligations. The Act also integrates environmental protection mechanisms, including provisions on environmental damage to protected species and habitats, environmental impact assessments for activities affecting Natura 2000 sites, compensatory measures, and alignment with the EU Habitats and Birds Directives
The Act establishes detailed rules on who may lawfully engage in fishing activities and under what conditions. Commercial saltwater fishing may only be conducted by registered professional fishers (A-status), part-time fishers, approved companies meeting ownership thresholds (generally requiring two-thirds ownership by registered fishers), certain educational institutions, and approved coastal associations. A-status registration requires Danish nationality or EU/EEA establishment rights (or two years’ residence) and proof that at least 60% of personal income derives from fishing-related work tied to a Danish fishing port. Separate provisions govern part-time fishers, including minimum landing value requirements, and a special board assesses applications based on local economic and harbour considerations. Recreational fishing is permitted for anglers with a fishing licence, while broader leisure fishing is subject to ministerial regulation. In freshwater, fishing rights generally belong to adjacent landowners, subject to limited leasing possibilities and specific access rights. The Minister may also adopt conservation measures such as closed seasons, minimum sizes, total allowable catches, protected zones to ensure fish passage, and technical rules on fishing gear, including mesh size, marking, placement, and prohibitions within specified coastal distances.
For commercial saltwater fisheries, the Act provides an extensive system of resource regulation based on quotas, licences, and pooled fishing arrangements. The Minister may allocate catch opportunities temporally and geographically, set vessel or group quotas, establish special quotas for by-catches, regulate transfers of fishing rights, and impose upper limits on quota ownership to prevent excessive concentration, including indirect control through economic influence. Pooled fishing (puljefiskeri) allows vessel owners to combine catch rights within structured legal entities, subject to strict conditions on duration (13-month periods), security guarantees, allocation rules, exit and entry procedures, and possible quota reductions where overfishing occurs. Commercial fishing vessels must hold a fishing licence, which may only be issued if ownership requirements are satisfied and a real link to a Danish fishing port exists. Licences may be suspended or permanently withdrawn under a points-based system for serious infringements, in line with EU rules on illegal, unreported and unregulated (IUU) fishing, with access to judicial review but without automatic suspensive effect. Overall, the Act combines sustainability objectives, structured market participation, EU integration, and administrative enforcement tools to balance ecological protection with the economic viability of the Danish fisheries sector
The Act consists of 24 Chapters and 2 Appendices: Chapter 1 – Purpose, Scope and Definitions of the Act; Chapter 2 – Advisory Committees; Chapter 3 – Administration of European Union Legal Acts and International Agreements in the Field of Fisheries and Aquaculture; Chapter 3a – Environmental Damage to Protected Species or International Nature Protection Areas; Chapter 3b – Conservation and Protection of Certain Natural Habitats, Wild Animals and Plants; Chapter 4 – Types of Fishing and Persons Entitled to Fish; Chapter 5 – Enhancement, Protection and Conservation of Fish Stocks; Chapter 6 – Fishing Gear; Chapter 7 – Regulation of Commercial Fishing in Saltwater; Chapter 8 – Vessels with Fishing Licences; Chapter 9 – Regulation of Recreational Fishing; Chapter 10 – Special Rules for Freshwater; Chapter 11 – Angling Licence and Recreational Fishing Licence; Chapter 12 – Fish Stock Management and Stocking; Chapter 13 – Aquaculture in Saltwater; Chapter 14 – Mutual Order Rules Between Fishers; Chapter 15 – The Relationship of Fisheries to Other Activities; Chapter 16 – First Sale of Fish; Chapter 16a – Voluntary Labelling Scheme for Low-Impact Coastal Fishing; Chapter 17 – Administration of Production Levies; Chapter 18 – Scientific Investigations; Chapter 19 – Delegation and Right of Appeal; Chapter 20 – Submission and Processing of Information; Chapter 20a – Measures During Accidents and Disasters, Including Acts of War; Chapter 21 – Fees; Chapter 22 – Control and Supervision; Chapter 23 – Penalties, Prosecution and Confiscation; Chapter 24 – Entry into Force and Transitional Provisions.