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Fishing Act

Content

Fishing Act - content
Issuer:Riigikogu
Type:act
In force from:18.11.2012
In force until:30.06.2014
Translation published:30.10.2013

Fishing Act

Passed 27.09.1995
RT I 1995, 80, 1384
Entry into force 01.01.1996

Amended by the following legal instruments (show)

PassedPublishedEntry into force
17.04.1996RT I 1996, 27, 56724.04.1996
25.11.1998RT I 1998, 108, 178426.12.1998
14.01.1999RT I 1999, 10, 15201.01.2000
16.06.1999RT I 1999, 54, 58323.06.1999
08.12.1999RT I 1999, 95, 84301.01.2000
27.01.2000RT I 2000, 13, 9202.03.2000
14.06.2000RT I 2000, 54, 34801.01.2001
12.10.2000RT I 2000, 81, 51410.11.2000
08.02.2001RT I 2001, 18, 8826.02.2001
24.04.2002RT I 2002, 41, 25027.05.2002
19.06.2002RT I 2002, 61, 37501.08.2002
19.06.2002RT I 2002, 63, 38701.09.2002
23.01.2003RT I 2003, 9, 4329.01.2003
17.12.2003RT I 2003, 88, 58901.01.2004
17.12.2003RT I 2004, 2, 916.01.2004, partially 01.03.2004 and 01.01.2005
14.04.2004RT I 2004, 30, 20801.05.2004
15.12.2004RT I 2004, 89, 60901.01.2005 and 07.01.2005; partially 01.09.2005 and 01.01.2006
22.02.2005RT I 2005, 15, 8703.04.2005
07.12.2005RT I 2005, 67, 51201.01.2006
01.06.2006RT I 2006, 28, 21101.07.2006
06.12.2006RT I 2006, 60, 44407.01.2007
06.12.2006RT I 2006, 60, 44401.01.2008
18.10.2007RT I 2007, 57, 37715.11.2007
18.10.2007RT I 2007, 57, 37701.01.2008
17.04.2008RT I 2008, 19, 13323.05.2008
17.04.2008RT I 2008, 19, 13301.07.2008
18.12.2008RT I 2009, 3, 1501.02.2009
13.05.2009RT I 2009, 26, 16006.06.2009
26.11.2009RT I 2009, 62, 40501.01.2010
27.01.2010RT I 2010, 8, 3727.02.2010
22.04.2010RT I 2010, 22, 10801.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24–26).
23.11.2010RT I, 30.11.2010, 1010.12.2010, partially 01.12.2010 and 01.01.2011
08.12.2010RT I, 21.12.2010, 531.12.2010, partially 01.01.2011 and 01.07.2011
08.12.2010RT I, 22.12.2010, 102.01.2011
24.10.2012RT I, 08.11.2012, 118.11.2012

Chapter 1 GENERAL PROVISIONS 

§ 1.  Purpose of Act

  The purpose of this Act is to ensure the sustainable use of fishery and aquatic plant resources arising from the principles of responsible fisheries.
[RT I 2004, 2, 9 - entry into force 01.03.2004]

§ 2.  Implementation of Act

 (1) This Act applies in the exclusive economic zone of the Republic of Estonia with the exceptions arising from the Exclusive Economic Zone Act.

 (2) This Act does not regulate relations concerning the breeding and catching of fish in fish breeding structures, such as ponds, cages and pools.

 (3) This Act regulates fishing by vessels for which Estonian papers of nationality have been issued in waters beyond the jurisdiction of the Republic of Estonia or by an operator registered in the commercial register of the Republic of Estonia in so far as the legislation of the state where fishing is carried out or an international agreement regulating fishing in the fishing area do not provide otherwise.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (4) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
[RT I 2002, 61, 375 - entry into force 01.08.2002]

§ 3.  Fishing and collection of aquatic plants

 (1) For the purposes of this Act, fishing is an activity the aim of which is the capture of fish and Lampetra fluviatilis (river lamprey) and other Cyclostomata; Astacus spp. (crayfish), shrimps and other Decapoda; Ommastrephes spp. (squid) and other Cephalopoda (cephalopods) (hereinafter all together fish) by catching or killing them.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (2) For the purpose of this Act, the collection of aquatic plants is the gathering of agar-agar (Furcellaria lumbricalis) from the sea.

 (3) Staying on a body of water or in a limited management zone on the shore thereof with fishing gear prepared for fishing is deemed to be equal to fishing.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

§ 4.  Basic requirement regarding fishing and collection of aquatic plants

  During fishing and the collection of aquatic plants, the reproduction capacity of their stocks and the productivity of bodies of water shall be preserved and undesirable changes to the ecosystem of bodies of water shall be avoided.

§ 5.  Right of ownership

 (1) The right of ownership of a fish is created for the person who captures the fish unless this is in conflict with this Act or violates the rights of other persons. A fish is ownerless if it is free in nature.

 (2) Agar-agar in the sea is in the ownership of the state. Agar-agar washed ashore is in the ownership of the owner of the immovable property located on the shore.

 (3) The right of ownership of a body of water is provided by the Law of Property Act and the Water Act.
[RT I 2010, 8, 37 - entry into force 27.02.2010]

§ 6.  Fishing rights

 (1) Fishing shall be performed pursuant to fishing rights.

 (2) Depending on the fishing gear used, a difference is made in terms of fishing rights between line fishing, recreational fishing, and commercial fishing.
[RT I 2004, 89, 609 - entry into force 07.01.2005]

 (3) Everyone may exercise the fishing rights specified in subsection (2) of this section if he or she has performed the acts necessary to create such rights.

 (4) Fishing rights are either free of charge or subject to a fee.

§ 61.  Appointment of authorised body

  If appointment of an authorised body is necessary pursuant to an European Union regulation governing fishing, activities related thereto or supervision over fishing, and an authorised body has not been appointed by this Act, an authorised body shall be appointed by the Government of the Republic.
[RT I 2004, 89, 609 - entry into force 01.01.2006]

§ 7.  [Repealed – RT I 2000, 81, 514 – entry into force 10.11.2000]

Chapter 2 FISHING MANAGEMENT 

§ 8.  [Repealed – RT I 1999, 95, 843 – entry into force 01.01.2000]

§ 9.  [Repealed – RT I 1999, 95, 843 – entry into force 01.01.2000]

§ 10.  Line fishing

 (1) Everyone may fish, free of charge and without having applied for the right to fish, with one simple hand line on a public water body or a water body designated for public use, taking into consideration restrictions concerning the permitted fishing seasons, fishing areas and species of fish.
[RT I 2010, 8, 37 - entry into force 27.02.2010]

 (2) With the permission of the owner of the immovable, fishing with one simple hand line is permitted:
 1) on a body of water which is not designated for public use;
[RT I 2010, 8, 37 - entry into force 27.02.2010]
 2) on an immovable or part thereof which is flooded by an internal water body;
 3) from sunset to sunrise on a privately owned body of water which is designated for public use.

 (3) Every person has the lifelong right to fish by line.

§ 11.  Recreational fishing

 (1) On the basis of a fishing card or in the case of payment for recreational fishing rights, everyone may fish using fishing tackle on a public water body or a water body designated for public use, taking into consideration the restrictions arising from law.
[RT I 2010, 8, 37 - entry into force 27.02.2010]

 (2) With the permission of the owner of the immovable, fishing is permitted with recreational fishing tackle:
 1) on a body of water which is not designated for public use;
[RT I 2010, 8, 37 - entry into force 27.02.2010]
 2) from sunset to sunrise on a privately owned body of water which is designated for public use;
 3) on an immovable or part thereof which is flooded by an internal water body.

 (3) The following items are recreational fishing tackle:
 1) spinning reels, trolling lines, pulling devices, fly hooks, bottom lines (krundas or bottom lines), unanchored trimmers, hand lines and more than one simple hand line;
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]
 2) harpoon guns and harpoons;
 3) Baltic herring hooks;
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]
 4) entangling nets;
 5) longlines consisting of up to 100 hooks. Permanent residents of small permanently inhabited islands are permitted to use longlines consisting of up to 300 hooks;
[RT I 2008, 19, 133 - entry into force 23.05.2008]
 6) dragnet;
 7) hoopnet;
 8) dip-nets and traps.

 (4) Baltic herring hooks may be used at sea.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (41) No more than three items of fishing gear belonging to the same or different types shall be used concurrently in recreational fishing, except for troll lines, dip-nets and traps, unless otherwise provided for in this Act.

 (42) Upon recreational fishing by the fishing gear specified in clauses (3) 4)–7) of this section, the restrictions established by subsections 17 (1) and 19 (3) and (4) for the same type of fishing gear upon commercial fishing shall be adhered to.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (5) The right to fish for recreation is granted by:
 1) payment for recreational fishing rights;
 2) fishing card in the cases specified in subsections (11)–(112) of this section.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (6) Pre-school children, children under 16 years of age, pensioners, unlawfully repressed persons and persons treated as repressed persons and disabled persons may fish using recreational fishing tackle without paying for the right to fish, except in the cases provided for in subsections (11), (111) and (112) of this section.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (7) During recreational fishing, persons specified in subsection (6) of this section, except pre-school children, shall carry a document certifying the benefit as follows:
 1) children under 16 years of age – student cards;
 2) pensioners – pension certificates;
 3) unlawfully repressed persons – repressed person’s certificates;
 4) disabled persons – documents certifying the degree of severity of a disability.

 (8) In the case provided for in clause (5) 1) of this section, the right to fish for recreation commences one hour after the payment of the fee for the right to fish for recreation or as of another date determined upon payment of the fee, which shall not be earlier than the date of payment for the right to fish for recreation.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (9) In the case provided for in clause (5) 2) of this section, the right to fish for recreation commences as of the starting date entered in the fishing card. If the fishing card permits the use of different fishing methods during different times, the right for recreational fishing starts on the date entered in the fishing card.
[RT I 2008, 19, 13 - entry into force 23.05.2008]

 (91) Where payment for recreational fishing rights, including fishing on the basis of a fishing card, is made by mobile phone (hereinafter mobile phone payment), the recreational fishing rights shall become effective one hour after receipt of verification of granting the fishing rights, including issue of the fishing card, by short message service. The short message service text message verifying the payment and issue of the fishing card is sent to the same mobile phone number from which payment was sent.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (10) The right to fish for recreation shall be valid during the term set out on a fishing card for up to one calendar year. After payment for the recreational fishing rights in cases where a fishing card is not required, the right to fish for recreation shall be effective for the term of up to one year.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (11) The Minister of the Environment has the right to designate, with the aim of conserving fishery resources, areas where limitations apply on the number of persons who fish, on fishing gear, fishing seasons or on fish caught, and areas where the use of entangling nets, longlines, hoopnets, dragnet, dipnets and traps is permitted for recreational fishing, and to establish a maximum permitted amount of fishing gear. In these areas, a fishing card grants the right to fish for recreation.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (111) On the basis of a fishing card, a person may use one entangling net or one longline consisting of up to 100 hooks at sea up to the 20 m isobath, in internal water bodies or transboundary water bodies or in parts thereof, and one hoopnet or one dragnet in internal water bodies and, for catching crayfish, up to five dipnets or traps in water bodies where the Minister of the Environment has determined a limitation on the number of fishing cards to be issued. One fishing card shall be issued per person for fishing, within the limits of the quota established for the corresponding region, with one entangling net, one longline consisting of up to 100 hooks, one hoopnet or one dragnet, except to permanent residents of permanently inhabited small islands. A fishing card with up to five dipnets or five traps shall be issued for up to three twenty-four-hour periods within the limits of the quota established for the corresponding region. If limit numbers have been established for more than one region within one county, the issuer of fishing cards may set out the fishing gear permitted to use in different regions on the same fishing card.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (112) A permanent resident of a permanently inhabited small island may use, on the basis of one fishing card, up to three entangling nets and one longline consisting of up to 300 hooks at sea up to the 20 m isobath, or an area with the width of one kilometre on a lake surrounding the island of the location of his or her residence. A permanent resident of a permanently inhabited small island shall be issued one fishing card for fishing with such gear within the limits of the quota established for the area surrounding the island of the location of his or her residence. The amount of fishing gear permitted to be used in the waters surrounding such islands shall be established by the Minister of the Environment.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (113) Fishing cards are issued by the Environmental Board'. A fishing card is an electronic document in the environmental register and sets out the fishing grounds, the term of validity of the card, the name, personal identification code or date of birth of the holder of fishing rights and, if necessary, the fishing gear, the amount thereof and the number of individuals permitted to catch. A fishing card is issued through an electronic channel allowing unequivocal identification of a person (hereinafter electronic channel) or on the basis of a relevant application submitted directly to the Environmental Board.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (12) The Minister of the Environment shall establish a quota of fishing cards specified in subsections (11)–(112) of this section separately by the applications received through the electronic channel and directly to the Environmental Board. The ratio of the applications received through the electronic channel and directly by the Environmental Board during the year preceding the year of establishment of the quota shall constitute the basis for the distribution of the quotas specified in the previous sentence.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (13) Fishing cards shall be issued in the chronological order of application, taking account, upon establishing the chronological order, of the time of receipt of each conforming application. Applications are received starting from 9:00 in the morning of the first working day of December of the year preceding the fishing year, except for applications for the right to fish with a crayfish trap or a dip-net in which case the applications shall be received starting from 9:00 in the morning of the first working day of July of the fishing year.
[RT I, 30.11.2010, 10 - entry into force 01.12.2010]

 (131) Fishing cards for fishing in waters surrounding permanently inhabited small islands shall be issued by the local government, taking account of the limits established by the Minister of the Environment for the amounts of fishing gear.

 (14) A fishing card shall be refused in the following cases:
 1) [Repealed – RT I, 21.12.2010, 5 – entry into force 31.12.2010]
 2) the applicant for the fishing card has a punishment the data of which have not been deleted from the punishment register (hereinafter punishment in force) for violation of the requirements for submission of data concerning fishing for recreation, or more than one punishment in force for a misdemeanour for any other misdemeanour provided by this Act, or a punishment in force for a criminal offence imposed for the fishing listed in § 20² of this Act or violation of the requirements relating to such fishing;
 3) the limitations established pursuant to subsections (11), (11¹) or (11²) of this section do not allow issue of the fishing card under the conditions applied for.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (15) The procedure for application for fishing cards, the format of fishing cards and the procedure of payment for recreational fishing rights and verification of the payment of the fee, as well as the methods of application for fishing cards through the electronic channel and directly from the Environmental Board and the list of the data concerning recreational fishing permits shall be established by a regulation of the Minister of the Environment.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (16) The Ministry of the Environment may require data concerning recreational fishing if such fishing is conducted on the basis of a fishing card. The procedure and standard format for submission of data concerning recreational fishing, and the terms for submission of catch data shall be established by a regulation of the Minister of the Environment.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (17) A fishing card shall be issued after the fee for the right to fish for recreation has been paid for the card. The fee for the right to fish shall be paid immediately upon submission of the application when the fishing card is applied for through an electronic channel. Upon application for a fishing card directly from the Environmental Board, the fee for the right to fish shall be paid within ten days after the decision of the issuer of the fishing card to grant the card, otherwise the decision to issue the card becomes invalid.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (18) The Minister of the Environment has the right to limit, by number or weight, the quantities of fish permitted to be caught upon recreational fishing during one twenty-four-hour period.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (19) Upon fishing, recreational fishing gear must be under the surveillance of the owner of the gear, and identification of the owner must be possible on the water body or its shore. Such requirement does not apply upon fishing by entangling net, crayfish trap or longline which must be marked pursuant to clause 17 (2) 5) of this Act.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

§ 12.  [Repealed – RT I 2004, 89, 609 – entry into force 07.01.2005]

§ 13.  Commercial fishing

 (1) A person who is registered in the commercial register as an entrepreneur and whose area of activity entered in the commercial register is fishing may fish with commercial fishing gear on the basis of a fishing permit on internal water bodies, on transboundary water bodies, at sea, in the exclusive economic zone of the Republic of Estonia, or outside the waters under the jurisdiction of the Republic of Estonia. Fishing rights obtained independently of the Republic of Estonia may be used outside the waters under the jurisdiction of the Republic of Estonia only unless such use is not contrary to requirements in force in the European Union.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (2) Commercial fishing gear means longlines, gillnets and entangling nets, traps, seine nets and trawls.

 (3) The right to fish commercially is granted by a fishing permit, which may be either the fishing permit of a fishing vessel or a fisherman's fishing permit.

 (31) If holding a fishing permit is required by the European Union, the provisions of Council Regulation 1627/94/EC laying down general provisions concerning special fishing permits (OJ L 171, 06.07.1994, pp. 7–13) apply for issue of commercial fishing permits. In the case of fishing under the conditions specified in Article 1 of Council Regulation 3317/94/EC laying down general provisions concerning the authorization of fishing in the waters of a third country under a fisheries agreement (OJ L 350, 31.12.1994, pp. 13–14), the provisions of Council Regulation 3317/94/EC apply to issue of commercial fishing permits.

 (4) A fishing vessel entered in the state register of fishing vessels that holds a valid fishing licence may be used to fish commercially. (4) For the purposes of this Act, a fishing vessel is a vessel specified in Article 3.c of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fishery resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, pp. 59–80).
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (5) The Government of the Republic shall establish a state register of fishing vessels. The data required by Commission Regulation 26/2004/EC on the Community fishing fleet register (OJ L 005, 09.01.2004, pp. 25–35) concerning fishing vessels flying the national flag of the Republic of Estonia and, if necessary, fishing vessels entered in the Estonian ship register or the traffic register which are not required to fly the national flag, their technical specifications and data concerning fishing shall be entered in the register.
[RT I, 22.12.2010, 1 - entry into force 02.01.2011]

 (6) In the state register of fishing vessels, fishing vessels shall be grouped into subdivisions according to their overall length, fishing grounds, the fishing gear used and the species of fish caught.

 (7) The Government of the Republic shall determine the criteria for the grouping of fishing vessels into subdivisions (hereinafter segment of fishing fleet), the requirements established for fishing vessels entered in a segment and the possibility of entry of fishing vessels in a segment. The size of a segment of fishing fleet shall be calculated on the basis of the fishing capacity.

 (8) A fishing vessel shall be entered in a segment of fishing fleet into which no fishing vessels may be entered only if a vessel or vessels with the fishing capacity which corresponds to or is greater than the fishing capacity of the vessel or vessels to be entered in the segment of fishing fleet has or have previously been deleted from the segment of fishing fleet and, as a result, a free fishing capacity is created, or if additional free fishing capacity has been assigned to the respective segment by a decision made pursuant to subsection (11) of this section. The calculation of the free fishing capacity upon entry of a fishing vessel in a segment of fishing fleet shall proceed from the requirements set forth in and established on the basis of Article 13 of Council Regulation (EC) No 2371/2002.
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (9) A person who removes a fishing vessel from a segment or a person to whom the specified person assigns such right has the right to enter the fishing vessel in the segment on account of the free fishing capacity created in the segment of the fishing fleet into which no fishing vessels may be entered. The specified right is valid for thirty-six months as of deletion of the vessel from the state register of fishing vessels. If a person who removes a fishing vessel from a segment or a person to whom the specified person assigns the right to enter the fishing vessel in the register on account of this has failed to submit an application for entry of a new fishing vessel in the segment within a specified period, it is deemed that the person does not wish to enter a fishing vessel on account of the free fishing capacity.
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (10) An agreement concerning assignment of the right to enter a fishing vessel in the register shall be entered into in writing. An agreement concerning assignment or a notarised copy thereof shall be submitted to the authorised processor of the state register of fishing vessels together with a new application for entry of a fishing vessel in the register.
[RT I 2004, 89, 609 - entry into force 07.01.2005]

 (11) If a person who removes a fishing vessel from the register or a person to whom the specified person assigns the right to enter a fishing vessel in the register on account of this does not wish to enter a new fishing vessel in the register on account of the free fishing capacity, the chief processor of the state register of fishing vessels shall decide within one year after expiry of the term provided for in subsection (9) of this section in which segment of fishing fleet the entry of a fishing vessel in the register may be applied for on account of such free fishing capacity. If free fishing capacity emerges in the fishing vessels register on the basis of clause 136 (4) 11) of this Act and the fishing vessel has been deleted from the fishing vessels register on the basis of clause (14) 2) of this section, the chief processor of the state register of fishing vessels shall decide within one year as of the day of deletion of this fishing vessel from the register in which segment of the fishing fleet the entry of another fishing vessel in the register may be applied for on account of such free fishing capacity.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (111) For ensuring the sustainable use of fishery resources, the Minister of Agriculture may establish the terms and conditions of and the procedure for entry of a fishing vessel in the register on account of the free fishing capacity specified in subsection (11) of this section, including the terms and conditions for the applicant and the fishing vessel and, if necessary, the criteria for assessment of the applications.. If the Minister of Agriculture has not established the terms and conditions and the procedure specified in this subsection, all persons may apply for entry of a fishing vessel in the register on account of free fishing capacity and an application according to the requirements which the chief processor of the state register of fishing vessels receives first shall be satisfied.
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (12) The provisions of Article 6.1 of Council Regulation 2792/1999/EC laying down rules and arrangements regarding structural assistance in the fisheries sector (OJ L 337, 30. 12. 199, pp. 10–28) and Article 11.3 of Council Regulation 2371/2002/EC apply to the entry in the state register of fishing vessels instead of the fishing capacity of a fishing vessel which is permanently withdrawn from fishing with public aid.

 (121) The requirements provided in subsections (8)–(12) of this section also apply, considering the requirements established in and on the basis of Article 11 of Council Directive 2371/2002/EC, in the event of increasing the fishing capacity of vessels entered in a segment of fishing vessels register into which no fishing vessels may be entered.

 (13) Entry of fishing vessels in the register shall be refused in the following cases:
 1) the fishing vessel does not comply with the requirements of the segment of fishing fleet in which the vessel is to be entered;
 2) there is no free fishing capacity in the segment of fishing fleet in which the vessel is to be entered and vessels must not be entered in the segment of the fishing fleet;
 3) the owner of the fishing vessel or a person entered in the application as operator does not comply with the requirements for the receipt of a fishing permit;
 4) the applicant has submitted false information in the application;
 5) the fishing vessel to be entered in the register has been granted a state aid for the permanent withdrawal of the vessel from fishing;
 6) the fishing vessel does not comply with the requirements established by legislation;
 7) the fishing vessel is not equipped with a satellite monitoring system which enables the location of the vessel to be monitored, if such system is required;
 8) in using the fishing vessel, international legislation or legislation of another state regulating fishing activities have been violated, the vessel has been entered in the list of vessels which have engaged in illegal fishing activities and a punishment related to the use of the vessel imposed by another state is in force which does not permit fishing by means of such vessel while the punishment is still in force;
[RT I 2004, 89, 609 - entry into force 07.01.2005]
 9) the state plan for adjustment of fishing efforts established for the respective segment of fishing fleet prescribes reduction of the fishing capacity in such segment, except in the case the applicant has the right specified in subsection (9) of this section to enter a fishing vessel in the respective segment at least to the extent of one-half of the fishing capacity of the fishing vessel to be entered both as regards the main engine power as well as the gross tonnage of the vessel and there is sufficient free fishing capacity in the respective segment on account of which the remaining fishing capacity of the fishing vessel to be entered can be covered;
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]
 10) the applicant or the fishing vessel does not meet the requirements established or the application shall be denied pursuant to the assessment criteria established if the entry of the fishing vessel in the register is applied for pursuant to subsection (111) of this section.
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (14) A fishing vessel shall be deleted from the register:
 1) if the fishing vessel or the owner or possessor thereof no longer fulfils the conditions for entry in the register;
 2) if the fishing licence of the vessel entered in the register is revoked;
 3) at the request of the usufructuary of the vessel or, in the case of a vessel entered in the traffic register, at the request of the ship-owner;
[RT I, 22.12.2010, 1 - entry into force 02.01.2011]
 4) in the absence of the person specified in clause 3) of this subsection, at the request of the owner of the fishing vessel;
 5) if the fishing vessel was entered in the segment into which no new vessels may be entered, and the fishing capacity of the vessel has been increased without adhering to the requirements set out in subsection (12¹) of this section.

§ 131.  Fishing permit of fishing vessel

 (1) The fishing permit of a fishing vessel grants the right to fish with commercial fishing gear at sea up to the external border of the exclusive economic zone of the Republic of Estonia, outside the waters under the jurisdiction of the Republic of Estonia if the state guarantees the right to fish there, or on the open sea.

 (2) A fishing permit of a fishing vessel shall be issued to an entrepreneur registered in the commercial register regarding a fishing vessel in the legal possession thereof for which an Estonian registration certificate of a sea-going vessel or inland vessel or small craft and a fishing licence have been issued.
[RT I, 22.12.2010, 1 - entry into force 02.01.2011]

 (3) Fishing permits of fishing vessels shall be issued by the Ministry of Agriculture.
[RT I 2004, 89, 609 - entry into force 01.09.2005]

 (4) An entrepreneur may replace the fishing vessel specified in a fishing permit of a fishing vessel issued to the entrepreneur with another fishing vessel in the legal possession thereof for which an Estonian certificate of a sea-going vessel and a fishing licence have been issued, in which case the entrepreneur shall submit a written application concerning amendment of the conditions of the fishing permit to the issuer of the fishing permit. The issuer of the fishing permit shall issue a fishing permit with the amended conditions to the entrepreneur within two weeks as of the receipt of the application.

 (5) During fishing, a fishing vessel may be navigated and fishing activities may be organised only by the master entered in the fishing permit of the fishing vessel.

 (6) An entrepreneur may replace the master specified in a fishing permit of a fishing vessel issued to the entrepreneur with another master, in which case the entrepreneur shall inform the issuer of the fishing permit thereof in writing. In order that the replacement of the master might take effect, the issuer of the fishing permit shall issue a new fishing permit to the entrepreneur within five working days as of the receipt of the notice.

§ 132.  Fisherman's fishing permit

 (1) A fisherman's fishing permit grants the right to fish, except fishing for flounder, with commercial fishing gear at sea up to the 20 m isobath, on Lake Peipus, Lake Lämmijärv and Lake Pskov, on Narva River and the Narva reservoir, or on an internal water body. A fisherman's fishing permit for the fishing of flounder grants the right to fish flounder at sea, irrespective of the depth of the sea.

 (2) For the purposes of this Act, a fisherman is a natural person who catches fish himself or herself with commercial fishing gear. The number of persons accompanying a fisherman who is fishing is not limited.

 (3) A fisherman's fishing permit shall be issued to an entrepreneur registered in the commercial register. If the entrepreneur itself is not a fisherman, the name of the fisherman who catches fish on the basis of a written application from the entrepreneur shall be indicated in the fishing permit.

 (31) Only fishermen holding at least the professional qualification of a category II coastal fisherman within the meaning of the Professions Act shall be entered in a fishing permit.
[RT I 2006, 60, 444 - entry into force 01.01.2008]

 (4) An entrepreneur may replace the fisherman specified in a fisherman's fishing permit issued to the entrepreneur, in which case the entrepreneur shall submit a written application concerning amendment of the conditions of the fishing permit to the issuer of the permit. The issuer of the fishing permit shall issue a fishing permit with the amended conditions to the entrepreneur within five working days as of the receipt of the application.

 (5) Fisherman's fishing permits shall be issued by the Ministry of Agriculture or a government authority appointed by the Minister of Agriculture.
[RT I 2004, 89, 609 - entry into force 01.09.2005]

§ 133.  [Repealed – RT I 2004, 89, 609 – entry into force 01.01.2005]

§ 134.  Issue of commercial fishing permit

 (1) A commercial fishing permit shall be issued within the limits of the permitted annual quota allocation, number of fishing days, amount of fishing gear or number of fishing vessels (hereinafter fishing opportunities) for a specified term but for not longer than one calendar year.

 (2) An application for a commercial fishing permit shall be submitted during the period of 1 September to 1 December of the year preceding the year for which the permit is applied for. The Minister of Agriculture may, with good reason, extend the term for submission of applications.

 (3) Based on the status of fishery resources, the Government of the Republic shall establish, by counties or internal water bodies, the fishing opportunities on the basis on a fisherman's fishing permit, and to the permanent residents of permanently inhabited small islands, by the permanently inhabited small island, for the year for which the permit is applied by 1 November of the year preceding application, unless the European Union establishes the fishing opportunities at a later time. Fishing opportunities for the year for which the permit is applied for fishing, to be used by persons fishing on the Baltic Sea on the basis of a fishing permit of a fishing vessel as well as based on a fisherman's fishing permit, and fishing opportunities for water areas outside of the jurisdiction of the Republic of Estonia shall be established by the Government of the Republic within thirty days after establishment of fishing opportunities by the European Union. Fishing opportunities for the year for which the permit is applied which are acquired as a result of exchanging fishing opportunities with other states shall be established by the Government of the Republic within thirty days after the exchange of the fishing opportunities.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (31) The issuer of a commercial fishing permit may partially divide the fishing opportunities among the applicants if the European Union or the Government of the Republic has not established the fishing opportunities for the year for which the permit is applied by 15 December of the year preceding application. Upon the partial division of the fishing opportunities, up to 50 per cent of the fishing opportunities established during the year preceding application may be divided.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (32) The Government of the Republic shall approve, based on the Agreement between the Government of the Republic of Estonia and the Government of the Russian Federation on Cooperation in Conservation and Use of Fishery Resources on Lake Peipus, Lake Lämmijärv and Lake Pskov, the total annual catches by fish species allocated for the Republic of Estonia on Lake Peipus, Lake Lämmijärv and Lake Pskov within 60 working days after allocation thereof between the parties at the Intergovernmental Commission on Fishing on Lake Peipus, Lake Lämmijärv and Lake Pskov, and total annual catches for fishing per species of fish may be also established on a half-year basis.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (33) The Government of the Republic may establish within 60 days after establishment of fishing opportunities by the European Union the total annual catches for fishing on the Baltic Sea on the basis of fisherman's fishing permits by waters and counties and to permanent residents of permanently inhabited small islands by permanently inhabited small islands per species of fish fished both by those fishing based on a fishing permit of a fishing vessel as well as a fisherman's fishing permit.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (34) Catches established on the basis of subsections (32) and (33) of this subsection shall not be deemed to be fishing opportunities for the purposes of subsection 16 (3) of this Act.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (4) The list of documents to be presented upon application for a commercial fishing permit, the procedure for the issue, suspension and revocation of fishing permits and the format of fishing permits shall be established by the Government of the Republic. The procedure shall include the method for calculating fishing opportunities.

 (41) The validity of a permit is suspended in the case specified in Article 6.2 of Council Regulation 3317/94/EC, or if the validity of the fishing licence has been suspended.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (5) In order to fish commercially in waters in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (hereinafter NAFO), the master of the fishing vessel indicated in the application shall also have a certificate confirming his or her knowledge of the NAFO rules. The corresponding certificate shall be issued by the Environmental Inspectorate for one year. The procedure for the issue of certificates concerning knowledge of NAFO rules and the methods for assessing such knowledge shall be shall be established by the Minister of the Environment.

 (6) The permitted fishing gear, quota allocations, fishing seasons and/or the number of fishing days, and the fishing area shall be designated in the fishing permit. If the entrepreneur has, independently of the Republic of Estonia, obtained the right to fish in waters beyond the jurisdiction of the Republic of Estonia but the granter of the right to fish requires the consent of the Republic of Estonia for the fishing right to be exercised, the fishing area shall be designated in the fishing permit and the basis for obtaining the right to fish shall be indicated in the permit.

 (7) For the purposes of this Act, a fishing day is a calendar day during which a fishing vessel is present in waters where fishing is regulated, regardless of whether fish are actually caught.

 (8) A commercial fishing permit shall be refused if:
 1) the applicant or the fisherman specified in the application has more than one punishment in force for a misdemeanour or for a criminal offence imposed for a violation of the requirements for or relating to fishing listed in § 202 of this Act;
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]
 11) the applicant or a fishing vessel of the applicant does not conform to the requirements established by the European Union;
 2) less than one year has passed since revocation of the fishing permit of the fishing vessel for violation of fishing requirements;
 3) the applicant submits false information in the application;
 4) [Repealed – RT I 2004, 2, 9 – entry into force 01.03.2004]
 5) the fishing vessel of the applicant is not permitted to fish in the fishing area by legislation regulating fishing or by the state or international organisation regulating fishing in the fishing area;
 6) the applicant fails to pay the fee for the right to fish within the set term;
 7) [Repealed – RT I 2004, 2, 9 – entry into force 01.03.2004]
 8) an application for entry of the fishing vessel in a permit is submitted regarding a fishing vessel whose fishing licence has been revoked or suspended or the vessel does not have the licence;
 9) the permit is applied for under the conditions which do not correspond to the segment of fishing fleet into which the fishing vessel indicated in the application has been entered in the state register of fishing vessels;
 10) the master specified in the application for a fishing permit of a fishing vessel has more than one punishment in force for a misdemeanour or for a criminal offence imposed for a violation of the requirements for or relating to fishing listed in § 202 of this Act.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (9) If, by 1 July of the year for which the fishing opportunities are applied for, an applicant has failed to pay for the fishing opportunities applied for or granted thereto by division pursuant to subsection 16 (3) of this section, the fishing opportunities are considered released to the extent of the unpaid part. If the permitted fishing opportunities are divided between users pursuant to subsection 16 (3) of this Act, the released fishing opportunities shall be divided on the basis of the historical fishing rights determined pursuant to subsection 16 (3) and the released fishing opportunities shall not be divided to persons on whose behalf the fishing opportunities are released. If the permitted fishing opportunities are divided pursuant to the applications or fishing opportunities have been released on behalf of all applicants who receive fishing opportunities on the basis of historical fishing rights, fishing opportunities shall be divided after the release thereof in the order in which the issuer of environmental permits receives the applications submitted according to the requirements. In such case, persons on whose behalf the fishing opportunities are released may also apply for the fishing opportunities. If there are free fishing opportunities after the satisfaction of the applications submitted until 31 August, the issuer of environmental permits may exchange these with other states for other fishing opportunities.
[RT I 2009, 26, 160 - entry into force 06.06.2009]

 (10) [Repealed – RT I 2006, 60, 444 – entry into force 01.01.2008]

 (11) For bodies of water where the permitted fishing opportunity for entangling or enmeshing nets is 10 or more nets, a fishing permit shall be issued for the use of at least 10 nets at a time, except in the case specified in subsections (12) and (13) of this section.
[RT I 2007, 57, 377 - entry into force 01.01.2008]

 (12) A fishing permit for the use of less than 10 entangling or enmeshing nets shall be issued if, in addition to the fishing opportunity for entangling or enmeshing nets, the undertaking holds a fishing opportunity for fishing by pound net or at least two fyke nets or open-sea traps. No fishing permit for fishing by less than 10 entangling or enmeshing nets shall be issued for fishing on Lake Peipus, Lake Lämmijärv or Lake Pskov.
[RT I 2006, 60, 444 - entry into force 01.01.2008]

 (13) A commercial fisherman who is a permanent resident of a permanently inhabited small island may be issued a fishing permit for the use of five or more entangling or enmeshing nets.
[RT I 2007, 57, 377 - entry into force 01.01.2008]

 (14) An entrepreneur may give the fishing opportunity granted thereto for the year applied, for which the fee for the right to fish has been paid, for the use during the current year to an entrepreneur of another state or get to use the fishing opportunity of an entrepreneur of another state with the consent of the Ministry of Agriculture. The fishing permit required for the use of the fishing opportunity shall be issued to an Estonian entrepreneur by the Ministry of Agriculture taking account of the requirements established by the European Union or an international organisation regulating fishing in the relevant waters. Granting or getting the use of fishing opportunities pursuant to this subsection does not affect the historical fishing rights of the entrepreneur and may take place to the extent in which the entrepreneur has the right to collect the fishing permit at the time of granting the use of the fishing opportunities.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (15) An entrepreneur may give the fishing opportunity granted thereto for the year applied, for which the fee for the right to fish has been paid, into the use during the current year of an Estonian entrepreneur who has been granted the fishing opportunity on the same body of water for the year applied for. For this purpose the entrepreneurs submit a mutual application to the Ministry of Agriculture which sets out the extent of the fishing opportunity to be granted. Granting or getting the use of fishing opportunities pursuant to this subsection does not affect the historical fishing rights of the entrepreneur and may take place to the extent in which the entrepreneur has the right to collect the fishing permit at the time of granting the use of the fishing opportunities.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (16) In the case provided for in subsection (15) of this section the entrepreneur having been granted the use of the fishing opportunity shall be responsible for the conformity of fishing and for submission of reports. If the fishing based on the finishing opportunity granted exceeds the permitted limit, the entrepreneur having been granted the use of the fishing opportunity shall be issued a fishing permit for the use of the fishing opportunity for the subsequent year to the extent reduced pursuant to subsection (17) of this section. If the entrepreneur having been granted the use of fishing opportunity does not have the respective fishing opportunity to a sufficient extent, the limit of the fishing opportunity granted to the use of the entrepreneur for the subsequent year by a fishing permit shall be reduced by the missing fishing opportunity.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (17) If the fishing of the applicant during the year preceding the application exceeded that permitted by the fishing opportunity legally acquired, a fishing permit shall be issued to such applicant to an extent reduced for the year applied for the use of the fishing opportunity. The reduction shall be done to the extent specified in Article 105 (2) of the Council Regulation (EC) No 1224/2009, establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008 and (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1–50).
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (18) Subsection (17) of this section shall apply to an acquirer of historical fishing rights in the case of transfer of the historical fishing rights specified in subsection 16 (3) of this Act. If the historical fishing rights are transferred partially, both the transferor and the acquirer of the historical fishing rights shall be issued the fishing permit for the use of the fishing opportunity to the extent proportionally reduced.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (19) If the applicant fished less during the year preceding the application than permitted by the fishing opportunity legally acquired because fishing was suspended due to exhaustion of the fishing opportunity granted to the Republic of Estonia prior to the exhaustion of the fishing opportunity of the applicant, the applicant shall be granted upon submission of a relevant application a fishing permit for the use of the fishing opportunity for the year applied for to the extent respectively increased. This subsection does not apply if fishing was suspended due to reduction of the fishing opportunity granted to the Republic of Estonia prior to exhaustion of the fishing opportunity of the applicant.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (20) The provisions of subsection (17)-(19) of this section shall have no effect on the extent of the applicant's historical fishing rights If an applicant is issued a fishing permit for the use of fishing opportunity to a reduced extent, the fishing opportunity not granted by the permit shall be deemed to be the legally acquired fishing opportunity for the purposes of subsection 16 (3) of this Act and this shall be taken into account upon calculation of the historical fishing rights. If an applicant is issued a fishing permit for the use of fishing opportunity to an increased extent, the additional fishing opportunity shall not be deemed to be the legally acquired fishing opportunity for the purposes of subsection 16 (3) of this Act and this shall not be taken into account upon calculation of the historical fishing rights.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

§ 135.  Fishing right of owner of immovable

 (1) The owner of a privately owned water body may fish or permit fishing on the water body, taking into consideration the restrictions established by and on the basis of this Act on fishing gear, fishing seasons and species of fish which it is permitted to catch. In order to fish with commercial fishing gear, the owner of a privately owned water body shall apply for a fishing permit, which shall be issued free of charge by Ministry of Agriculture or a government authority appointed by the Minister of Agriculture. The owner of a privately owned water body may prohibit line fishing and recreational fishing on the body of water in the cases provided for in §§ 10 and 11 of this Act.

 (2) Fishing on a privately owned water body located within the boundaries of several immovables shall be regulated by an agreement between the owners of the immovables.
[RT I 2004, 89, 609 - entry into force 07.01.2005; 1.09.2005]

§ 136.  Fishing licence

 (1) A fishing licence shall be issued to a fishing vessel entered in the state register of fishing vessels based on the provisions of Council Regulation (EC) No 1224/2009 and Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.04.2011, pp. 1–153).
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (2) The authorised processor of the state register of fishing vessels shall issue fishing licences.

 (3) A fishing licence need not be kept on board of a vessel with an overall length less than 10 meters, which is used for fishing only in waters under the jurisdiction of the Republic of Estonia.

 (4) The authorised processor of the state register of fishing vessels shall revoke a fishing licence if:
 1) the vessel is no longer used for fishing. The use of a vessel for fishing is deemed to have been terminated if the vessel has not been used for fishing during two consecutive years;
 11) the holder of a fishing licence has accumulated points for the serious infringements specified in Annex XXX to the Commission Implementing Regulation (EU) No 404/2011 in the amount provided for in Article 129(2) of the specified Regulation; [RT I, 08.11.2012, 1 – entry into force 18.11.2012]
 2) the vessel is deleted from the register of fishing vessels.

 (41) An expired fishing licence shall be returned to the authorised processor of the state register of fishing vessels within ten days after the expiry of the licence. If the certificate is issued to a fishing vessel operating in waters outside the jurisdiction of the Republic of Estonia, the certificate shall be returned within thirty days after the expiry of the certificate.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (42) The authorised processor of the state register of fishing vessels shall suspend a fishing licence if:
 1) a vessel has not been used for fishing within one year;
 2) the holder of a fishing licence has accumulated points for the serious infringements specified in Annex XXX to the Commission Implementing Regulation (EU) No 404/2011 in the amount provided for in Article 129(1) of the specified Regulation. In such case the validity of the fishing licence is suspended for the period of time provided for in Article 92(3) of Council Regulation (EC) No 1224/2009.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (43) For the period during which a fishing licence is suspended, the licence shall be returned to the authorised processor of the state register of fishing vessels. Upon suspension of a fishing licence in the case provided for in clause (42) 1) of this section, the fishing licence shall become valid again if an application for a fishing permit of the fishing vessel is re-submitted and in the case provided for in clause 2), if the term of suspension of the fishing licence has expired.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (5) The Government of the Republic shall establish the procedure for the issue, suspension and revocation of fishing licences and the format of fishing licences.

§ 14.  Special purpose fishing

 (1) Fishing is considered to be of special purpose if it is carried out for the purpose of environmental studies, to collect roe needed for the production of restocking material, to catch breeder fish, to collect hypophysis, for the purpose of the transplantation of fish, to avoid the death of fish or to improve the ecosystem of a water body. In addition to the above, the Ministry of the Environment may declare fishing carried out within the framework of recreational fishing competitions, or fishing organised, for the purposes of practical training, by schools which have fishing practice included in their approved curricula to be special purpose fishing. In declaring fishing to be special purpose fishing, the Ministry of the Environment shall take account of the limitations for fishing for the species to be caught which arise from international legislation, whether the fishing is justified and, in the case of recreational fishing competitions, also the scope of the fishing and, whether the objective of the fishing can be achieved by any other means. Upon special purpose fishing, except for fishing within the framework of recreational fishing competitions or fishing for practical training purposes, the Ministry of the Environment may permit the use of fishing gear or manners of fishing which differ from those permitted by this Act and legislation established on the basis thereof, and allow special purpose fishing in seasons and areas closed for fishing.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

 (2) The right to carry out special purpose fishing is granted by a special purpose fishing permit.

 (3) Special purpose fishing permits shall be issued by the Ministry of the Environment.

 (4) The format of special purpose fishing permits, and the procedure for the review of applications for special purpose fishing permits and the issue and revocation of permits shall be established by the Ministry of the Environment.

§ 15.  Payment for fishing rights

  The fee for the right to fish shall be paid pursuant to the Environmental Charges Act and legislation established on the basis thereof.
[RT I 2005, 67, 512 - entry into force 01.01.2006]

§ 16.  Restriction of commercial fishing opportunities

 (1) [Repealed – RT I 2004, 89, 609 – entry into force 01.09.2005]

 (2) [Repealed – RT I 2004, 89, 609 – entry into force 01.09.2005]

 (21) In order to preserve, restore or increase fishery resources, the Government of the Republic may restrict the fishing effort or fishing capacity of vessels, the gross tonnage or engine power of fishing vessels in certain waters or upon fishing certain species of fish. The provisions of subsection (3) of this section apply to the division of limited fishing effort, fishing capacity, gross tonnage or engine power between applicants for fishing permits.

 (3) If the permitted fishing opportunities of waters do not allow applications for fishing permits to be satisfied fully, the fishing opportunities shall be divided between the applicants who have legally acquired fishing rights for the same waters during the previous three years, except for fishing for sprats and Baltic herring, in which case the fishing opportunities shall be divided between the applicants who have been fishing on the same waters during the previous three years. Upon division, it shall be ensured that the proportion of the fishing opportunities acquired legally by each applicant for the same waters during the previous three years remains the same in relation to the fishing opportunities acquired legally by other persons for the same waters during the previous three years (historical fishing rights). Fishing opportunities are deemed to be acquired if they are entered in the permit and are paid for or the fishing permit is collected, if payment of the fee is not required. Upon calculation of historical fishing rights, the right to fish acquired pursuant to subsection (6) of this section shall also be taken into consideration. Upon calculation of historical fishing rights, the fishing rights which the applicant has transferred pursuant to subsection (6) of this section or waived pursuant to subsection (7) of this section shall not be taken into account. Fishing opportunities which have arisen additionally after the division of fishing opportunities shall be divided on the basis of the historical fishing rights determined pursuant to this subsection if the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully. If the permitted fishing opportunities are divided pursuant to applications, fishing opportunities which have arisen additionally shall be divided in the order in which the issuer of permits receives applications submitted according to the requirements. Fishing opportunities are deemed to arise upon establishment thereof pursuant to subsection 134 (3) of this section.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (31) If the fishing opportunities sold by auction are not calculated on the basis of the quantity of fish caught, it is permitted to round the results of the calculation of fishing opportunities to whole numbers.

 (32) If the permitted fishing opportunities established for the first time do not enable applications for fishing permits to be satisfied fully, the fishing opportunities shall be sold at an auction. The starting price at an auction shall be determined on the basis of § 11 of the Environmental Charges Act.

 (33) If the permitted fishing opportunities established for the first time have earlier been used otherwise and the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully, the provisions of subsection (3) of this section apply upon division of fishing opportunities and, upon calculation of historical fishing rights, the fishing opportunities used as established earlier shall be recalculated, except in the case provided for in subsection (34) of this section.

 (34) If, upon gathering of agar-agar, the permitted fishing opportunities are established as quota allocations instead of allocations per fishing gear and the permitted fishing opportunities do not allow applications for permits to be satisfied fully, the average of the fishing opportunities of applicants used during the previous three years shall be recalculated and allocated to the applicants who used the fishing opportunities as established earlier and the remaining fishing opportunities shall be sold at an auction. The starting price at an auction shall be determined on the basis of § 11 of the Environmental Charges Act. If the fishing opportunities are smaller than the total of the fishing opportunities of applicants who during the previous three years used the fishing opportunities as established earlier, the provisions of subsection (3) of this section apply upon division of fishing opportunities and, upon calculation of historical fishing rights, the fishing opportunities used as established earlier shall be recalculated.

 (35) If the permitted fishing opportunities established for the first time have earlier been used otherwise and the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully, but the persons who have used fishing opportunities earlier do not apply for fishing opportunities, the provisions of subsection (32) of this section apply.

 (36) If, upon fishing for Baltic herring on the basis of a fisherman's fishing permit, the permitted fishing opportunities are established as quota allocations instead of allocations per fishing gear and the permitted fishing opportunities do not allow applications for fishing permits to be satisfied fully, then the permitted quota allocations are divided by the total number of pound nets acquired by the all the applicants during the preceding year as a result of which the permitted quota allocation per one pound net is obtained, and each applicant is allocated fishing opportunities by multiplying the number of pound nets lawfully acquired by the applicant during the preceding year with the permitted quota allocation per one pound net. Upon calculation of fishing rights, the fishing rights which the applicant has transferred pursuant to subsection (6) of this section or waived pursuant to subsection (7) of this section shall not be taken into account.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (37) If the Government of the Republic has not established fishing opportunities for the purposes of preserving fishery resources for three consecutive years on the basis of subsection 134 (3) of this Act or they have not been established by a regulation of the European Union, then for the subsequent seven years in case such fishing opportunities are reinstated the permitted fishing opportunities are divided on the basis of subsection (3) of this section whereas the fishing opportunities entered in the permit during the last year of their permitted use for which the fee for the right to fish has been paid or the fishing opportunities collected based on a permit for which the payment of the fee for the fishing rights was not required are deemed to be the legally acquired fishing opportunities.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (38) If the entrepreneur has not collected the fishing permit for the fishing opportunity assigned to the entrepreneur during three consecutive years or submitted data concerning fishing pursuant to § 18 of this Act certifying the use of the fishing opportunity assigned to the entrepreneur by such entrepreneur, the entrepreneur is considered to have waived the use of the relevant fishing opportunity and the fishing opportunity released. The released fishing opportunity shall be divided pursuant to the procedure provided for in subsection 134 (9) of this Act. The provisions of this Act do not apply to an entrepreneur who has not collected the fishing permit for the fishing opportunity assigned to the entrepreneur during three consecutive years or submitted data concerning fishing according to subsections 134 (11)–(13) of this Act.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (4) For the purposes of subsection (3) of this section, waters are a water body or a delimited part thereof where restrictions are imposed on fishing opportunities.

 (5) In order to participate in an auction, a participation fee and a deposit shall be paid. The participation fee shall not exceed 10 per cent of the starting price of all the fishing opportunities for the same species in the same waters sold at auction and shall not exceed 19 euro. The size of the deposit shall be 50 per cent of the specified starting price. The participation fee shall not be refunded. The deposit shall not be refunded to a person who causes the failure of the auction. The procedure for conducting auctions shall be established by the Government of the Republic.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (51) A person who has caused the failure of an auction shall not participate in an auction of fishing opportunities for the same year and of the same type.

 (6) It is permitted to transfer the historical fishing rights specified in subsection (3) of this section to a person who may hold a fishing permit. The transfer transaction shall be notarized. The transaction shall set out the extent of the transferred fishing rights, the basis therefor and the time of transfer of the fishing rights. The transfer of fishing rights enters into force as of the date on which a copy of the transfer transaction is transferred to the issuer of the fishing permit, unless the transaction provides for a later date.

 (7) A person may waive the historical fishing rights specified in subsection (3) of this section and the fishing opportunities calculated on the basis thereof which have not been used by submitting a written application to the issuer of the fishing permit. The application shall set out the size of the fishing rights or fishing opportunities waived. If historical fishing rights and fishing opportunities are waived for the purposes of receiving support, the person is deemed to have waived the fishing rights and fishing opportunities as of the date of satisfaction of the application for support. If the application for support is not satisfied, the application for waiver of historical fishing rights and fishing opportunities is deemed to be withdrawn.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (8) Upon dividing the historical fishing opportunities which have been waived based on subsection (7) of this section, the provisions concerning fishing opportunities which have arisen additionally shall be taken into account.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

§ 161.  Premature termination of validity of fishing permit

 (1) A fishing permit shall terminate prematurely if the fishing opportunities designated thereby are exhausted.

 (2) The issuer of a fishing permit shall revoke the fishing permit if:
 1) the person who obtained the permit or the vessel entered in the permit no longer meets the requirements for obtaining a permit;
 2) the person who obtained the permit or a fisherman entered in the permit commits a violation of the requirements for or relating to fishing provided for in § 202 of this Act more than once during a calendar year;
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]
 3) a foreign state or international organisation regulating fishing reduces the fishing opportunities in waters outside the jurisdiction of the Republic of Estonia to an extent which does not enable fishing pursuant to the given permit;
 4) the fishing opportunities assigned to the Republic of Estonia or the European Union pursuant to international agreements are exhausted and the state or the European Union is required to end fishing in the area;
 5) [Repealed – RT I 2004, 2, 9 – entry into force 01.03.2004]
 6) the person who obtained the permit fails to pay the fee for the right to fish within the set term;
 7) the fishing vessel of the person who obtained the permit is not permitted to fish in the fishing area by legislation regulating fishing or by the state or international organisation regulating fishing in the fishing area;
 8) the person who obtained the permit does not ensure monitoring of the location of the fishing vessel by a satellite monitoring system or does not enable the presence of an observer on board the fishing vessel in a fishing area where this is required by the European Union, the state or international organisation regulating fishing;
 9) the fishing licence of the vessel entered in the permit is revoked;
 10) the master specified in the fishing permit of the fishing vessel commits a violation of the requirements for or relating to fishing provided for in § 202 of this Act more than once during the term of validity of the permit. In such case, the issuer of permits shall issue a new fishing permit at the written request of the holder of the permit within two weeks as of receipt of an application submitted according to the requirements;
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]
 11) a person holding a special purpose fishing permit has violated the conditions of the permit.
[RT I 2004, 89, 609 - entry into force 07.01.2005]

 (21) In the case specified in clause (2) 4) of this section, the date of exhaustion of fishing opportunities shall be established by the Minister of the Agriculture or the European Commission.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (3) An expired fishing permit shall be returned to the issuer of permits within ten days after the expiry of the permit. If the permit is issued for fishing in waters outside the jurisdiction of the Republic of Estonia, the permit shall be returned within thirty days after the expiry of the permit.

§ 162.  Obligation to certify fishing rights

 (1) A person who is fishing shall always have the document certifying his or her right to fish with him or her during recreational, special purpose and commercial fishing and he or she is required to present such document to the person exercising supervision at the request thereof.

 (2) If a document certifying the right to fish or a document specified in subsection 11 (7) of this Act does not have a photograph, a person shall also carry an identity document during fishing. If recreational fishing rights were acquired by payment for recreational fishing rights, including payment for a fishing card, an identity document certifies the fishing rights.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (3) Upon fishing on the basis of a fishing permit of a fishing vessel, a copy of the permit is considered as a document certifying the right to fish within seven days after issue of the permit. The abovementioned temporal restriction does not apply upon fishing in waters outside the jurisdiction of the Republic of Estonia.
[RT I 2004, 89, 609 - entry into force 07.01.2005]

§ 17.  Rules on fishing and collection of aquatic plants (hereinafter Fishing Rules)

 (1) The procedure for fishing on all water bodies and the procedure for collecting aquatic plants shall be established by the Government of the Republic in the form of the Fishing Rules.

 (2) The Fishing Rules shall prescribe:
 1) closed seasons and prohibited areas for fishing;
 2) minimum fish sizes and the conditions of by-catch;
 3) restrictions on and requirements for fishing gear and methods;
 4) a list and description of fishing gear;
 5) requirements for making the devices intended for post harvest storing of caught fish in a body of water and fishing gear;
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]
 6) methods for determination of identity of fish species and proportion of undersized fish in the catch.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (3) For the purposes of this Act, by-catch is undersized fish and other species of fish which are caught in the fishing gear in addition to the species of fish permitted by the fishing permit.

 (4) The Government of the Republic shall bring into force the requirements for and restrictions on fishing resulting from international agreements in waters outside the jurisdiction of the Republic of Estonia in respect of vessels with an Estonian certificate of nationality, in so far as this is not regulated by the legislation of the European Union or by international agreements.
[RT I 2004, 30, 208 - entry into force 01.05.2004]

§ 171.  First buyer of fish

 (1) An undertaking registered in the commercial register whose business or a part thereof engaged in the handling of fish (hereinafter undertaking) is approved pursuant to the Food Act or who has notified the supervisory authority of such undertaking pursuant to the Food Act as well as an undertaking registered in the commercial register who has notified the supervisory authority of handling of fish by its business pursuant to the Feedingstuffs Act may engage in the first sale of fish. An undertaking who has punishments in force for violation of the requirements for the purchase or sale of fish is prohibited to engage in the first sale of fish.

 (2) The Ministry of the Agriculture shall organise the collection of information concerning first buyers.

 (3) Purchase of fish for own use within one twenty-four-hour period is not deemed to be the first sale of fish if fish is bought in a quantity whose value is up to 19.20 euro according to the average first sale price in Estonia during the year preceding the purchase. The average first sale prices in Estonia for the preceding year shall be published by fish species in the official publication Ametlikud Teadaanded and on the website of the Ministry of Agriculture by 10 January each year. The value of fish caught within the period of 1 to 9 January shall be calculated based on the latest published average first sale prices in Estonia.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

Chapter 3 MAINTAINING RECORDS ON AND REGULATION OF FISHING AND CONSERVATION OF FISHERY RESOURCES 

§ 18.  Obligation to submit data concerning fishing

 (1) A person who fishes or collects aquatic plants on the basis of a fishing permit is required to submit catch, collection or landing data pursuant to the requirements established by the Government of the Republic.

 (11) The master or a representative of the master of a fishing vessel with an overall length of 15 meters, which catches fish at sea, shall register and forward by electronic means the information concerning fishing activities to the Ministry of Agriculture in compliance with the procedure established by Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing (OJ L 409, 30.12.2006, pp. 1–10) and Commission Regulation (EC) No 1077/2008, laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 (on electronic recording and reporting of fishing activities and on means of remote sensing) and repealing Regulation (EC) No 1566/2007 (OJ L 295, 04.11.2008, pp. 3–23).
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (2) The procedure specified in subsection (1) of this section also applies to the owners of private fishing grounds, to local governments with respect to fishing permits issued by them and to vessels flying the Estonian flag, irrespective of the fishing area.

 (3) The maintenance of the records specified in subsection (1) of this section shall be organised by the Ministry of Agriculture. The maintenance of records on recreational fishing shall be organised by the Ministry of the Environment.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (4) Information shall also be submitted concerning mammals and birds which die in fishing gear as by-catch.

 (5) The first buyer of fish shall submit information on the purchase of fish or aquatic plants from a person holding fishing rights, pursuant to the procedure established by the Government of the Republic.
[RT I 2004, 89, 609 - entry into force 07.01.2005]

 (51) The first buyer of fish which meets the criteria set out in Article 2 of Commission Regulation (EC) No 1077/2008 shall register and forward information on the first buy of fish by electronic means to the Ministry of Agriculture pursuant to the procedure established by Council Regulation (EC) No 1966/2006 and Commission Regulation (EC) No 1077/2008.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (6) The master of a ship which receives, transports or processes fish at sea shall submit information on the receipt, processing, transport or landing of the fish pursuant to the procedure established by the Government of the Republic.

 (7) The master of a fishing vessel which catches fish or receives, transports or processes fish at sea shall notify the Environmental Inspectorate of the ship's entry into a port and of the quantity of fish on board. The time and procedure for notification and the list of data to be forwarded shall be established by a regulation of the Minister of the Environment.

 (8) Information shall also be submitted concerning the discharge, storage or transportation of fish which takes place before the first sale pursuant to Articles 9 and 13 of Council Regulation 2847/93/EEC establishing a control system applicable to the common fisheries policy (OJ No L 261, 20.10.1993, pp. 1–16). The procedure for the submission of information, the format in which such information is to be submitted and the terms for the submission of information shall be established and the submitter of the information shall be determined by the Government of the Republic.

 (9) If transshipment, receipt, processing at sea, joint fishing activities of several vessels or landing may be performed based on the legislation of the European Union only on the basis of a permit, the issuer of the permit shall be determined by a regulation of the Government of the Republic. If necessary, the Government of the Republic or a minister authorised thereby may establish, by a regulation, the procedure of issue of permits and the format of the permit.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

§ 181.  Disclosure of information

  Information concerning the permitted fishing opportunity assigned to an entrepreneur for the calendar year and the use thereof and the entrepreneur's actual total catch is public. The Ministry of Agriculture shall disclose at its website during the first month of each quarter of a year for the past quarter the names of the Estonian entrepreneurs engaged in commercial fishing and information concerning the permitted fishing opportunity determined for them for the calendar year, used fishing opportunity and quantities of fish actually caught by waters, county and permanently inhabited small islands.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

§ 19.  Restrictions on fishing

 (1) Fishing is regulated by the Fishing Rules and, taking international agreements and Estonian law into consideration, by establishing quota allocations, permitted types and a permitted amount of fishing gear, and a permitted number of fishing days and fishing vessels.

 (2) The bases for restrictions on fishing shall be scientific research and statistical data concerning fishing.

 (3) If fishery resources are endangered, the Minister of the Environment shall establish temporary restrictions on fishing on the proposal of fish conservation and research institutions. The proposal of fish conservation and research institutions is unnecessary if the restrictions on fishing arise from an international agreement or have been determined on the basis of an international agreement by an international organisation regulating fishing.

 (31) The Minister of Environment may temporarily establish by a directive closed seasons for fishing by fish species or fishing gear for the protection of fish spawning or fish not having reached sexual maturity. The directive shall be made public in the official publication Ametlikud Teadaanded and it shall enter into force on the date following its publication. The directive shall be also immediately made public at the website of the Ministry of the Environment and the information concerning temporary fishing restrictions shall be forwarded to major professional associations.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (32) If the European Commission temporarily closes fishery pursuant to Article 104(1) of Council Regulation (EC) No 1224/2009 and the establishment of temporary restrictions on fishing is necessary, the Minister of the Environment may establish relevant fishing restrictions by a directive. The directive shall be made public in the official publication Ametlikud Teadaanded and it shall enter into force on the date following its publication. The directive shall be also made immediately public at the website of the Ministry of the Environment and the information concerning the temporary fishing restriction shall be sent to major professional associations.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (4) If the need to repeatedly or temporarily amend the fishing requirements arises form an international agreement, the Government of the Republic may delegate the right to the Minister of the Environment.

 (5) The Minister of the Environment may prohibit the landing, transshipment at sea, keeping on board or receipt of a species of fish if it is prohibited to catch the species of fish.

 (6) In the case the commercial fishing opportunities established for a body or water or the permitted annual catch established pursuant to subsections 134 (32) and (33) of this Act are exhausted to the extent of 90 per cent, the Minister of Agriculture shall suspend commercial fishing in these waters. Commercial fishing may be suspended in respect of one or more counties, permanently inhabited small islands, fishing gear, species of fish and fishing permits specified in subsection 13 (3) of this Act.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (61) The Minister of Agriculture shall suspend commercial fishing pursuant to subsection (6) of this section by a directive which is made public in the official publication Ametlikud Teadaanded. The directive shall enter into force on the date following its publication. The directive shall be also made immediately public at the website of the Ministry of Agriculture and this information shall be forwarded to major professional associations that unite those engaged in commercial fishing.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (62) The Minister of Agriculture may reopen commercial fishing in waters where fishing was suspended pursuant to subsection (6) of this subsection after receipt of information concerning fishing in case based on this information the commercial fishing opportunities or the annual permitted catch pursuant to subsections 134 (32) and (33) of this Act are not exhausted to the extent of 100 per cent. Commercial fishing may be reopened for a specified term and in respect of one or more counties, permanently inhabited small islands, fishing gear, species of fish and fishing permits specified in subsection 13 (3) of this Act. The directive of reopening commercial fishing shall be made public and disclosed pursuant to the procedure provided for in subsection (61) of this section.
[RT I, 21.12.2010, 5 - entry into force 31.12.2010]

 (7) If ports have to be determined pursuant to the European Union regulation where landing or transshipment of fish from vessels is permitted, such ports shall be determined by the Minister of the Environment.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

§ 191.  Certification of origin of fish

 (1) Upon commercial fishing, the sales note, landing declaration, fishing record of the fishing vessel together with the fishing licence, coastal fishing record together with the fisherman's fishing permit or the declaration on the discharge of fish is deemed to be the document certifying the origin of the fish. The special fishing permit is deemed to be the document certifying the origin of fish caught upon special fishing. The identity document of a recreational fisher or the document specified in subsection 11 (7) of this Act is deemed to be the document certifying the origin of fish caught upon recreational fishing.
[RT I, 21.12.2010, 5 - entry into force 01.07.2011]

 (11) A port State control document pursuant to a relevant European Council regulation if this is certified by the flag state of the fishing vessel, the prior notice specified in Article 6, the declaration on transshipment and landing specified in Article 8 and the catch certificate specified in Article 12 of the Council Regulation (EC) No 1005/2008, establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing and amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, pp. 1–32) is deemed to be the document certifying the origin of fish upon landing a third country fishing vessel.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (12) The catch certificate specified in Article 12 of the Council Regulation (EC) No 1005/2008 is deemed to be the document certifying the origin of fish upon import and re-export of fish.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (2) The requirements specified in this section concerning the certification of the origin of fish do not apply to fish bought for own purposes in the quantities specified in clause 171 of this Act and fish caught by line fishing.

 (3) The buyer of fish shall give a copy of the sales note for the fish to every next buyer of the fish who purchases the fish for handling for commercial purposes. If fish is sold in several lots then each buyer of fish shall receive a copy of the sales note which shall set out the quantity of the fish transferred, the date of transfer, the manner of presentation of the transferred fish, and information concerning the means of transport and driver of the seller.

 (4) Upon handling of fish, the document certifying the origin of the fish shall be kept at the food business and, upon transport of fish, such document shall be kept in the means of transport used for carrying the fish, and the handler or carrier of fish is required to present such document to the person exercising supervision at his or her request.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

§ 192.  Import, export and re-export requirements for sea caught fish and fishery products made of it

 (1) The Ministry of the Environment is the competent authority pursuant to Article 16 (3) and Article 39 (4) of the Council Regulation (EC) No 1005/2008 and the liaison agency pursuant to Article 39 (1) of the Commission Regulation (EC) No 1010/2009, laying down detailed rules for the application of Council Regulation (EC) No 1005/2008 (establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing) (OJ L 280, 27.10.2009, pp. 5–41).

 (2) The catch certificate of sea caught fish and fishery products made of it (hereinafter fishery products) shall be submitted upon exportation of the fishery products specified in Article 15 (1) for approval to the Ministry of Agriculture and upon re-export of the fishery products specified in Article 21 (1) and (2) of the Council Regulation (EC) No 1005/2008 for approval to the Tax and Customs Board at least three working days prior to the estimated export or re-export of the fishery products.

 (3) The importer shall cover the costs incidental to storing and handling of fishery products upon refusal of importation specified in Article 18 of Council Regulation (EC) No 1005/2008.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

§ 20.  Prohibited activities, fishing methods and fishing gear

 (1) While fishing or collecting aquatic plants on bodies of water, it is prohibited to:
 1) alter the bottom of the water body or the shoreline profile;
 2) obstruct shipping traffic in designated shipping lanes;
 3) pollute the water or dump anything into the body of water;
 4) damage or destroy markings, signs or constructions placed on or beside the body of water.

 (2) While fishing, it is prohibited to catch fish which while fresh are smaller than the minimum size specified in the Fishing Rules. The conditions for by-catch of undersized fish shall be provided by the Fishing Rules.

 (3) While fishing or collecting aquatic plants, it is prohibited to discard caught fish or collected plants into the water if they have lost their ability to live.

 (4) It is prohibited to catch fish without using fishing gear, or with fishing gear not specified in this Act and not described in the Fishing Rules, or using methods which cause fish to die for no purpose and damage to fishery resources, such as fishing using electricity, toxic or narcotic substances, firearms or explosive charges.

 (41) It is prohibited to manufacture, own, store, transfer, transport or use a means for fishing by electrical current (hereinafter electric fishing gear), except for the purposes of research of fishery resources. Electric fishing gear used for research purposes must be entered in the database established by the Minister of the Environment and the Ministry of the Environment shall issue a certificate concerning the electric fishing gear entered in the database.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (5) The use of fishing gear and fishing methods not described in the Fishing Rules is permitted if the Minister of the Environment grants permission therefor.

 (6) It is prohibited to:
 1) sell or purchase undersized fish or products prepared therefrom;
 2) sell, purchase or transport fresh fish caught from a body of water during the time when such catching is prohibited;
[RT I 2008, 19, 133 - entry into force 23.05.2008]
 3) sell, purchase or handle fresh fish the origin of which cannot be proved;
 4) sell or buy fish caught upon recreational fishing or line fishing.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (7) [Repealed – RT I, 30.11.2010, 10 – entry into force 10.12.2010]

 (8) [Repealed – RT I 2006, 60, 444 – entry into force 07.01.2007]

 (9) It is prohibited to give assistance to vessels, transship fish from vessels at sea or participate in joint fishing activities with vessels entered on the basis of the Council regulation in the list of such vessels with respect to which there is good reason to believe or in case of which it is confirmed that the vessel has engaged in illegal, unreported and unregulated fishing.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (10) An entrepreneur registered in the Republic of Estonia Commercial Register is prohibited to use for fishing a vessel entered on the basis of the Council regulation in the list of such vessels in case of which it is confirmed that the vessel has engaged in illegal, unreported and unregulated fishing.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

§ 201.  [Repealed – RT I 2004, 2, 9 – entry into force 01.03.2004]

§ 202.  Serious violation of fishing requirements

 (1) The following violations of requirements for or relating to fishing are deemed to be serious violations of fishing requirements upon commercial fishing:
 1) serious infringements specified in Article 42 of Council Regulation (EC) No 1005/2008 and Article 90(1) of Council Regulation (EC) No 1224/2009;
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]
 2) violation of the requirements established for by-catch;
 3) use of prohibited fishing methods;
 4) falsification of the document specified in § 191 of this Act and submission of such document or false information.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (2) The following violations of requirements for or relating to fishing are deemed to be serious violations of fishing requirements upon recreational fishing:
 1) [repealed – RT I, 08.11.2012, 1 – entry into force 18.11.2012]
 2) fishing in closed season or in a prohibited area;
 3) fishing of a species of fish if it is prohibited to catch that species of fish;
 4) fishing with prohibited fishing gear or fishing gear which do not comply with the requirements;
 5) hindering the work of an inspector exercising supervision over fishing or concealment of, tampering with or removal of evidence related to an investigation;
 6) catch of undersized fish in violation of the requirements established for minimum sizes;
 7) use of prohibited fishing methods;
 8) violation of the requirements established for by-catch.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

§ 21.  Obligation of owners and possessors of water bodies to conserve fishery resources

  The owners and possessors of water bodies are required to organise the conservation of fishery resources in the water bodies in the ownership or possession thereof.

§ 22.  Import of fish or restocking of bodies of water with fish

 (1) Live fish and other species of aquatic organisms which are not found naturally in Estonia and the fertilised roe thereof may be imported into Estonia only with the permission of the Environmental Board.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

 (2) The procedure for the restocking of bodies of water with fish shall be established by the Government of the Republic.

§ 23.  Environmental impact assessment

 (1) In order to erect buildings or constructions or perform other works which may damage fishery resources, an environmental impact assessment shall be organised pursuant to the procedure provided for in the Environmental Impact Assessment and Environmental Management System Act.

 (2) The Ministry of the Environment or the Environmental Board as the person exercising supervision over environmental impact assessment has the right to determine environmental requirements for the protection of fishery resources if the proposed activities may damage fishery resources or marine biota.
[RT I 2009, 3, 15 - entry into force 01.02.2009]

Chapter 31 LIABILITY 
[RT I 2002, 63, 387 - entry into force 01.09.2002]

§ 231.  Violation of requirements for fishing, keeping of fish on board, sale, purchase or handling of fish or requirements related to electric fishing gear

 (1) Fishing or catching of river lamprey or crayfish or the organisation thereof in closed season, in a prohibited area, with prohibited gear, without a permit or in violation of the requirements of the permit, and violation of other requirements for fishing, conservation or use of fishery resources, violation of the requirements for the purchase or sale of fish, handling of fish whose origin cannot be proven, or the use, manufacture, owning, storing, transfer or transport of prohibited electric fishing gear –
is punishable by a fine of up to 300 fine units.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (3) A body conducting extra-judicial proceedings or a court may, pursuant to § 83 of the Penal Code, apply confiscation of the means of the commission of a misdemeanour provided for in this section and the thing which was the direct object of the commission of a misdemeanour provided for in this section.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

§ 232.  Fishing without fishing permit or fishing licence and using fishing vessel

 (1) Fishing without a fishing permit or in violation of the requirements thereof or without a fishing licence, if a fishing vessel is used,
is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 233.  Violation of procedure for submission of information to be forwarded by satellite and GPS monitoring systems and hindering work of observers and inspectors
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (1) Violation of the procedure for the submission of information to be forwarded by satellite and GPS monitoring systems, absence of the requisite satellite and GPS monitoring systems on board of a vessel or interference with the operation thereof or hindering the work of an observer taken on board a vessel or an inspector exercising supervision
is punishable by a fine of up to 300 fine units.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 234.  Violation of procedure for submission of data concerning fishing and violation of requirements for transshipment of fish, fishing activities on several vessels or landing of fish and giving assistance to vessels engaged or probably engaged in illegal, unreported and unregulated fishing or use of such vessels for fishing

 (1) Violation of procedure for submission of data concerning fishing and violation of requirements for transshipment of fish, fishing activities on several vessels or landing of fish and giving assistance to or use for fishing of vessels entered in the list of vessels engaged or probably engaged in illegal, unreported and unregulated fishing
is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 235.  Violation of requirements for collection of aquatic plants

 (1) Collection of aquatic plants or the organisation thereof in closed season, in a prohibited area, with prohibited gear, without a permit or in violation of the requirements of the permit and violation of other requirements for the conservation or use of aquatic plant resources
is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 236.  [Repealed – RT I, 30.11.2010, 10 – entry into force 10.12.2010]

§ 237.  Violation of requirements for import, export and re-export

 (1) Violation of the requirements for import, export and re-export established by Council regulation (EC) No 1005/2008
is punishable by a fine of up to 300 fine units.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (2) The same act, if committed by a legal person,
is punishable by a fine of up to 32,000 euros.
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (3) A body conducting extra-judicial proceedings or a court may, pursuant to § 83 of the Penal Code, apply confiscation of the means of the commission of a misdemeanour provided for in this section and the thing which was the direct object of the commission of a misdemeanour provided for in this section.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

§ 238.  Proceedings

 (1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to the misdemeanours provided for in §§ 231–235 and 237 of this Act.

 (2) The extra-judicial proceedings concerning the misdemeanours provided for in §§ 231–235 and 237 of this Act shall be conducted by:
 1) police authorities;
 2) the Environmental Inspectorate.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

Chapter 4 FINAL PROVISIONS 

§ 24.  Supervision

 (1) Supervision over fulfilment of the requirements of legislation regulating fishing and the conditions determined in a fishing permit, even in waters outside the jurisdiction of the Republic of Estonia, shall be exercised by the Ministry of the Environment. Police authorities also have the right to exercise supervision over fulfilment of the requirements of legislation regulating fishing and the conditions determined in fishing permits.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (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.

 (2) Upon the supervision of fishing in waters outside the jurisdiction of the Republic of Estonia, the provisions of the Environmental Supervision Act apply in so far as this is not regulated by the legislation of the European Union or by international agreements.

 (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.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (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.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

§ 241.  Observers

 (1) The Minister of 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.
[RT I 2004, 30, 208 - entry into force 01.05.2004]

 (2) [Repealed – RT I 2004, 30, 208 – entry into force 01.05.2004]

 (3) [Repealed – RT I 2004, 30, 208 – entry into force 01.05.2004]

 (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.

 (6) In case international agreements or the requirements of the European Union do not require placing of an observer on all vessels or during the whole period of fishing in the region or of the species specified based on subsection (1) of this section, the Minister of Environment shall determine by a regulation the extent of reduction of observer coverage and establish the procedure of determining the period of observer coverage.. Reduction of the period of observer coverage shall be based on the objective of placement of an observer on the vessel and balance between the fishing vessels of different types or fishing in different regions.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

 (7) The Environmental Inspectorate shall annually determine the vessels and a period of time for each vessel during which the observer coverage is reduced pursuant to subsection (6) of this section. If the entrepreneur or the master have committed a violation specified in § 202 of the Fishing Act when using a fishing vessel during the preceding two years, the observer coverage of the vessel related to such violation shall not be reduced.
[RT I 2008, 19, 133 - entry into force 23.05.2008]

§ 242.  Satellite monitoring system

 (1) Estonian fishing vessels used for fishing at sea shall be equipped with autonomous satellite communications based systems for monitoring vessels (hereinafter satellite monitoring system) in compliance with Article 9(2) of Council Regulation (EC) No 1224/2009 and forward data by satellite monitoring systems pursuant to the provisions of Article 19(1) of Commission Implementing Regulation (EU) No 404/2011, except in the case specified in subsection 11 of this section. The fishing vessels monitoring centre specified in Article 9(7) of Council Regulation (EC) No 1224/2009 operates at the Environmental Inspectorate.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (11) Fishing vessels which fish on the basis of fisherman's fishing permits which comply with the requirements provided for in Article 9(5) of Council Regulation (EC) No 1224/2009 need not be equipped with satellite monitoring systems.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

 (2) The Minister of the Environment shall establish by a regulation the list of data to be forwarded by satellite monitoring systems, the frequency of and procedure for submission of information, as well as the requirements for satellite monitoring systems.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

§ 243.  GPS monitoring system

 (1) Vessels which have equipment on board for fishing by demersal seine or Danish seine on Lake Peipus shall be equipped with GPS (Global Position System) equipment which use the GPRS (General Packet Radio Service) system for data transmission. The recipient of the information transmitted is the Environmental Inspectorate.

 (2) The Minister of the Environment shall establish by a regulation the list of data to be forwarded by GPS monitoring systems, the frequency of and procedure for submission of information, as well as the requirements for GPS systems.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

§ 244.  Point system for serious infringements

 (1) In the case provided for in Article 92(4) of Council Regulation (EC) No 1224/2009 and Article 133 of Commission Implementing Regulation (EU) No 404/2011, deletion of the points assigned on the basis of Article 126 of Commission Implementing Regulation (EU) No 404/2011 shall be decided by the Environmental Inspectorate.

 (2) A holder of a fishing licence may apply for deletion of the points assigned on the basis of Article 126 of Commission Implementing Regulation (EU) No 404/2011 on the conditions provided for in Article 133(3) of the specified Regulation. The holder of a fishing licence shall submit a relevant written application to the Environmental Inspectorate during the period of time specified in the last paragraph of Article 133(3) of Commission Implementing Regulation (EU) No 404/2011 and refer to the conditions provided for in Article 133(3)(a), (b), (c) or (d) of the specified Implementing Regulation that are complied with, and append relevant documentation to the application. A decision on deletion of the points shall be made by the Environmental Inspectorate within ten working days as of the submission of a relevant written application.

 (3) Deletion of the points assigned for serious infringements in the case of the application specified in subsection (2) of this section shall be refused if:
 1) the applicant has submitted false information in the application;
 2) the application was not submitted on the conditions specified in Article 133(3) of Commission Implementing Regulation (EU) No 404/2011;
 3) the applicant has failed to properly comply with the condition prescribed in Article 133(3)(a), (b), (c) or (d) of Commission Implementing Regulation (EU) No 404/2011;
 4) the amount of points assigned to the applicant within the preceding three years for serious infringements have already been reduced on the conditions specified in Article 133(3) of Commission Implementing Regulation (EU) No 404/2011.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

§ 25.  Compensation for damages caused by unlawful fishing

 (1) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (2) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (21) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (22) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (3) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (31) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (32) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (33) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (34) [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

 (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 a regulation of 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 up to ten times market price thereof, except in the case of species of fish caught in waters beyond the jurisdiction of the Republic of Estonia outside the Baltic Sea where the ten times market price in effect in the place of landing of the species of fish or in different ports adjacent to the fishing ground is deemed to be the rate of compensation for damage. The rate of compensation for damage per individual of a species shall not be less than 1.30 euros or more than 96 euros. The rate of compensation for damage per one kilogram of a species shall not be less than 0.64 euros or more than 64 euros, except in the cases set out in subsection (6) of this section.
[RT I, 21.12.2010, 5 - entry into force 01.01.2011]

 (5) [Repealed – RT I 2006, 60, 444 – entry into force 07.01.2007]

 (6) If damage is caused to fishery resources in case of the violations listed in § 202 of this Act, the rate of compensation for damage per individual or kilogram of a species is five times the rate determined pursuant to subsection (4) of this section. If damage is caused to fishery resources to a particularly great extent, the rate of compensation for damage per individual or kilogram of a species is 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.
[RT I, 30.11.2010, 10 - entry into force 10.12.2010]

 (7) Compensation for environmental damage which has been caused to fishery resources shall be collected by the Environmental Inspectorate. Compensation for damage shall be transferred to the state budget.
[RT I, 08.11.2012, 1 - entry into force 18.11.2012]

§ 251.  Implementation of Act

 (1) [Repealed – RT I 2004, 30, 208 – entry into force 01.05.2004]

 (2) If an entrepreneur has used a fishing vessel to fish for sprats, 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 within the meaning of § 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.

 (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.

 (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.

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

 (7) On the tenth day after publication in the Riigi Teataja:
 1) subsections 15 (31)–(33), subsections 16 (32)–(35) and subsections 162 (2) and (3) 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.

 (8) On 1 March 2004:
 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), § 23 3, 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.

 (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.

 (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.

 (11) [Repealed – RT I 2004, 89, 609 – entry into force 07.01.2005]

 (12) [Repealed – RT I 2004, 89, 609 – entry into force 07.01.2005]

 (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.

 (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) 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.

 (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.

 (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.

 (18) Subsection 134 (10) of this Act is in force until 31 December 2007.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (19) Subsections 132 (31) and 134 (11) and (12) enter into force on 1 January 2008.
[RT I 2006, 60, 444 - entry into force 07.01.2007]

 (20) On account of the free fishing capacity arisen prior to entry into force of this subsection with respect to which all persons, who owned or possessed a fishing vessel, which had been entered in the respective fishing fleet segment, could apply for entry of a fishing vessel in the register pursuant to the Act hitherto in force, such persons may apply for the entry of a fishing vessel in the register within 12 months from the arise of the free fishing capacity. In the case specified in this subsection an application which the processor of the state register of fishing vessels receives first shall be satisfied.
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (21) On account of the free fishing capacity arisen prior to entry into force of this subsection with respect to which all persons could apply for entry of a fishing vessel in the register pursuant to the Act hitherto in force, such persons may apply for entry of a fishing vessel in the register until 31 January 2011. In the case specified in this subsection an application which the authorised processor of the state register of fishing vessels receives first shall be satisfied
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (22) Subsections 13 (11) and (111) of this Act apply upon expiry of the term specified in subsections (20) and (21) of this section to the free fishing capacity of the fishing feet segment, on account of which a person cannot apply for entry of a fishing vessel in the register pursuant to subsection 13 (9) of this Act.
[RT I, 30.11.2010, 10 - entry into force 01.01.2011]

 (23) The applicant of a commercial fishing permit who fished less during 2009 than permitted by the fishing opportunity legally acquired because fishing was terminated in 2009 due to exhaustion of the fishing opportunity granted to the Republic of Estonia prior to the exhaustion of the fishing opportunity of the applicant, shall be granted upon submission of a relevant application a fishing permit for 2011 for the use of the fishing opportunity to the extent respectively increased. Subsection 134 (20) of this Act shall apply to the additional fishing opportunity granted pursuant to this subsection.
[RT I, 21.12.2010, 5 - entry into force 01.01.2011]

§ 26.  Repeal of earlier legislation

  [Omitted from this text.]

§ 27.  Entry into force of Act

  This Act enters into force on 1 January 1996.