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Marine Fisheries Act.

Country
Type of law
Legislation
Source

Keywords

Abstract
The present Act, which consists of ten Titles, makes provision in matter of marine fisheries and aquaculture in inland waters: it regulates the management and the access to fishery resources, public services and funding in fisheries, marketing of fish products as well as organizations engaged in fisheries. The principles and rules hereby laid down aim at guaranteeing the sustainable management and exploitation of fishery resources. With a view to implementing this Act, the Ministry responsible for fisheries may resort to the information and databases referred to in article 3. Title II deals with the management of fishery resources. The Government shall adopt the Fisheries Development Programme (which shall cover all the elements listed out in article 5) in order to ensure the sustainable management and the preservation of fishery resources. Articles 7 and 8 refer to prohibited equipment and fishing gear and the permitted fishing gear respectively. Articles 9 to 11 set forth further fishing restrictions. Two fishing reserves are established by article 12. Both commercial and-commercial fishing shall be prohibited on such reserves. Articles 13 to 15 regard fishing vessels, which must be registered. Title III regulates access to fishery resources. Fishing may be practised either for commercial or non-commercial purposes. Articles 17 to 26 regulate commercial fishing. Articles 27 to 30 regulate non-commercial fishing (including sports and recreational marine fishing). In both cases a fishing permit, to be granted by the Minister, is required. A special provision is devoted to aquaculture. In particular, all aquaculture farms and the results of aquaculture shall be registered by the Minister (art. 31(2)). Moreover, the national fishing quota shall be fixed by the Minister on the basis of the total allowable catch allocated to the Republic of Slovenia by international treaties in force (art. 32). Title IV of the Act concerns public services in fisheries, the performance of which shall take place on the basis of concessions to be issued by the Minister. Such concessions shall be granted on the basis of a written contract between the Ministry and the holder concerned (art. 36). Title V regards financing in fisheries: structural and marketing measures as well as public services shall be financed and co-financed in accordance with the funding provisions contained in the national budget. Title VI concerns the marketing of fish products, which covers not only internal trade, but also imports and exports. Juvenile fish may not be placed on the market. The Government shall adopt the prescriptions and standards governing the trade of fish products. Particular regard is given to producer organizations (art. 51 to 61), which are constituted by legal persons engaged in fishing or aquaculture, or processing fish products on board of a fishing vessel. To exercise the rights and obligations hereby regulated, they shall be previously recognized by the Minister upon the conditions established by article 52. On the other hand, article 57 regards inter-branch organizations, which may be engaged in the marketing of fish products too. Articles 67 to 73 make provision on international trade (imports and exports). Title VII of the Act concerns the monitoring of implementation of measures in fisheries. All fishing activities performed in the territory of the Republic of Slovenia (including those performed by fishing vessels registered in foreign countries) shall be monitored. The port supervisors of the competent maritime authority are empowered to carry out the inspections specified by article 75. Legal and natural persons engaged in commercial fishing are authorized to land their fish products exclusively in the ports referred to in article 78. In accordance with Title VIII, further inspections intended to ensure the enforcement of this Act and related regulations shall be carried out by the officers referred to in article 89. Title IX lays down penalties.
Date of text
Entry into force notes
This Act shall enter into force on 4 August 2002.
Notes
This Act has repealed the Sea Fishing Act.
Repealed
Yes
Publication reference
Uradni list Republike Slovenije No. 58, 4 July 2002.
Source language

English

Legislation status
repealed
Legislation Amendment
No
Repealed by