Difference between revisions of "Fishing Act, 1982 (Finland)"

Description

Section 4

(1) What is provided on fishing rights in this Act or under it also applies as appropriate to the right to catch crayfish. Provisions on the prohibition on catching pearl oysters are issued separately. (2) Catching lamperns is considered fishing, and what is provided in this Act on fish also applies to lamperns, unless otherwise specified in the provision.

Section 5 The right to engage in fishing and issue orders related to it belongs to the owner of the waters, unless this right has been assigned to another party and unless otherwiseprovided in this Act. The right to fish in a flood area, when flooded, located outside the boundary of the waters mentioned in the Waters Act (264/61), Chapter 1, section 6(1), belongs to the owner of the waters.

Section 6 (1) Each citizen of a state belonging to the European Economic Area who resides permanently in Finland has a right to engage in fishing in public waters in sea areas and in inland’s fishing zone. Citizens of Finland, Iceland, Norway, Sweden and Denmark have a right to fish for domestic needs and recreation in the above area irrespective of their residence. (489/1993)

(4) Only professional fishermen may use fishing gear intended for professional fishing in the waters referred to in subsection 1. Further provisions on fishing gear intended or professional fishing shall be given by decree. (489/1993)

Section 7 (1) With the exception of temporary residents, each inhabitant of a municipality that includes a lake area has a right to engage in fishing with hooks in the public waters of the lake. (1045/1996) (2) The fishing region shall decide on other fishing in the waters referred to in subsection 1. When the decision is made, special consideration should be given to the needs of professional fishermen. The fishing region may charge a reasonable fee for the fishing referred to in this subsection. The fishing region may use the income collected as fees for managing the fish stock in the waters in which the public waters are located. (687/2000) Section 8 (1) Further to what is provided in section 6(1) and section 7(1) on fishing in public waters, each inhabitant shall have the right to engage in angling, ice fishing and lure fishing with one rod, reel and lure in other waters as well; and also trolling with one weighted lure or dividing sinker, but not in rapids and currents in waters that contain salmon and powan nor in those waters in which fishing is prohibited on the basis of some other provision. Also the permission of the owner of the fishing rights shall be obtained for fishing, ice fishing and lure fishing competitions as well as for other similar arranged occasions. (1045/1996) (2) With the exception of temporary residents, persons residing in the municipality shall have the right to engage in fishing vendace, smelt, Baltic herring and sprat with a net in the sea including waters which are not public waters but are located in the municipality either in the outer archipelago or facing the open high seas. Whenever such waters are within a village boundary, persons residing in the village, with the exception of temporary residents, shall also have the right to engage in fishing with hooks, but not with a boulter. (1045/1996) (3) What is provided above on waters within village boundaries also applies to partitioned waters. (4) Fishing referred to in this section must not be conducted in a way that prevents or disturbs the fishing engaged in by the owner or the leaseholder of the fishing waters in normal fishing grounds and places for fishing with large bow nets.

Section 43 (1) In order to achieve the objectives referred to in section 1 the fishing region may, if other means are not appropriately available, establish for ten years at the most a closed area in waters functioning as a spawning place or habitat or passageway for valuable fish. (1355/93) (2) The decision to establish a closed area shall, if necessary, stipulate:1) when and how fishing is restricted in the closed area;2) that in the closed area stones, gravel or other substances may not be taken from the bottom; and3) that in the closed area the floating of timber, hiking and other activities that disturb the fish are prohibited.(3) In establishing a closed area and passing stipulations referred to in subsection 2, care shall be taken to secure sufficiently the interests of professional fishing and not to prevent entirely log floating in, or the general use of, the water body, nor to hinder other exploitation of the water body more than absolutely necessary for the purpose of the closed area.

Source link
https://www.finlex.fi/fi/laki/ajantasa/1982/19820286, https://www.finlex.fi/fi/laki/kaannokset/1982/en19820286.pdf

Full reference
Kalastuslaki 16.4.1982/286, Fishing Act 286/1982

Related to

• Everymans' rights (Finland)