The model is to clearly outline “rights” and “duties” of both prospective tenants and the Syrian Government as lessor. It will draw attention to basic facts upon which leasing of fishing rights should be based with a view to: Maintain the economic value of the resources. The model represents the views of the expert and not necessarily those of FAO.
A. Lease Contract for Fishing Rights in Governmental Waters (model)
Between the Government of Syria, represented by the Director of the Mohafazat of as lessor
and
(name)
from (residence) as tenant the following lease contract for fishing rights is drawn up:
Paragraph 1
Object Leased and Duration of Lease
(1) The Fishing Right for
(name of body of water) in the Mohafazat of (name of Mohafazat) is leased for a period of (number) years beginning on (date) and ending on (date).
(2) Any kind of exploitation other than fishing, such as (a) the removal of gravel, stones and sand; and (b) harvest of reedlike and other lake vegetation for commercial purposes, is not included.
Paragraph 2
Rent-sum Payments
(1) The rent amounts to (LS) ( ) (amount in words) per annum and is to be paid for the first time at the instant the lease contract has been signed.
(2) During the duration of the lease the rent must be paid in advance at the beginning of each of the consecutive lease years of the period.
Paragraph 3
Liability of the Government
(1) The Government as owner of the fishing right does not guarantee the economic value of the object leased.
(2) The Government guarantees that (a) the size of the water upon which the lease contract was drawn up corresponds with the size registered for it in the land register, and that (b) no other fishing right exists for the contracted water area.
Paragraph 4
Sub-tenants
The tenant is not allowed (a) to appoint a sub-tenant or (b) to issue fishing licenses for subsistence and/or sport fishing without written permission from the Government.
Paragraph 5
Reporting
(1) The tenant is obliged to report immediately to the Government any illegal interference from any source.
(2) The tenant is asked to report to the Government any observation on (a) water Pollution and (b) fish mortality cases.
Paragraph 6
Stocking
(1) The tenant is obliged to stock every year (including the final year of his contract) the following number of fingerlings cms. In cases where the Government decides to add another species, the tenant has to agree to the introduction. His financial obligation for annual stocking, however, will not be increased. The tenant is obliged to notify the Government one week ahead of each stocking.
(2) The tenant is obliged to obtain the stocking material from Governmental Fish Culture Stations.
(3) The tenant is not permitted to introduce any fish species himself (apart from the one or ones mentioned in Paragraph 6 (1), either endemic or foreign, without the permission of the Government.
(4) In case the tenant refuses to fulfill the conditions of Paragraph 6(1) the Government itself is free to handle the annual stocking measures and to hold the tenant responsible for reimbursement of the cost involved including transporting and stocking the fingerlings.
Paragraph 7
Fishing Gear, Methods, Closed Seasons and Protection of Fish Stocks
(1) The tenant is only permitted to use the gear and fishing methods which the Government specifies. The latter is responsible for informing the prospective tenant accordingly prior to drawing up the contract.
(2) Use of dynamite, fish poison, light or electricity for catching of fish is forbidden.
(3) The Government has the right to establish closed fishing seasons during which fishing activities have to be stopped. The prospective tenant has to be informed accordingly.
(4) The Government has the right to forbid any fishing temporarily in certain spawning areas, which are to be made known and exactly specified to the prospective tenant.
(5) The tenant is not permitted to sell or consume fish which have not the legally established minimum length, and is required to return undersized specimens immediately upon capture to the water.
Paragraph 8
Research Work and Experiments
The Government has the right to carry out research work and experiments in the leased water at any time and without prior notification of the tenant. The tenant is asked to assist in such work as much as possible.
Paragraph 9
Responsibility for Employees of the Tenant
The tenant is asked to inform his employees fully of the conditions of this contract because he will be held liable on their behalf to the Government in case of any deviation from or breaking of the conditions of the contract.
Paragraph 10
Recording of Catch
(1) The tenant is obliged to fully record the catches and to forward a copy of this record at the end of each lease-year to the Government.
(2) In case the Government desires to check the records, the tenant has to make them available at any time of the year.
Paragraph 11
Termination of Fishing Right
(1) The Government is authorized to cancel the contract at any time in the following cases:
Violation of Paragraphs 1 (2), 2 (2), 4, 5, (1, 2), 6 (1, 2, 3), 7 (1, 2, 3, 4, 5), 8, 9, 10 (1, 2):
Unskilled management and fishing:
by forwarding a notice of termination. The latter includes (a) reasons for the termination and (b) the date from which the termination comes into force.
(2) In the case of (1) a or b, the Government is not obliged to compensate for any financial loss of the tenant resulting from the termination.
Paragraph 12
Disputes and Disagreements
In case friction arises between the tenant and the Government, the local agricultural land tribunal should be appealed to, with the aim to raise an arbitration procedure. The agricultural land tribunal will consist of representatives of the Fisheries Section of the Ministry of Agriculture and representatives of the Ministry of Finance. The decisions of the latter are incontestable.
Paragraph 13
(1) In case of the death of the tenant prior to termination of the contract, his legal successor(s) is(are) free to withdraw from the contract at the end of the lease-year during which the death occurred.
(2) In case the successor(s) decides (decide) to remain in the contract of the deceased, the Government will decide upon whether the successor(s) is(are) technically able to take over the contract with its rights and duties.
B. Explanations and Amendments to:
| Paragraph | 2(1) | Rent-sum |
| Paragraph | 3(2) | Governmental guarantees as to the exact specifications of the water for which the fishing rights have been leased. |
| Paragraph | 6(1) | Stocking |
| Paragraph | 7(1) | Fishing gear and methods |
| (3) | Closed season | |
| (4) | Spawning areas | |
| (5) | Minimum size of catch | |
| Paragraph | 10(1) | Recording |
2. (1) The amount of rent ought to be calculated in accordance with the assessed economic value of the lake, i.e., annual-per-ha production of marketable fish.
Example: For the barrage lake of Rastane the following assessment was made:
The productivity in terms of harvestable and marketable fish per year per annum will be around 200 kg/ha. This figure is based upon experience gained in Syrian waters during the last six years. This amount of 200 kg/ha will have a wholesale value of at least 1,00 Syr.P./kg=200.00 Syr.P.
The total medium surface of Lake Rastane is, according to records of the Major Projects Administration, approximately 2,000 ha. Out of this total it is suggested to exclude 200 ha covering extremely deep water where less fish production is to be expected.
The annual harvestable share will thus be assessed to be approximately 2,000 - 200 ha × 200 Syr.P. = 360,000 Syr.P.
The annual rent-sum is normally one-fifth of the assessed gross income: 360,000 × 1/5 = 72,000 Syr.P. When tendering the fishing right, the Government is advised to take this figure into consideration.
3. (2) The Government should specify exactly the size of the leased lake as well as whether tributaries should be included or not. If they are to be included the length of them should be mentioned as well as whether the whole or only part of them is included. The necessary data can be obtained from the local cadastral offices.
Furthermore, the Government has to decide whether those areas which become periodically flooded by lake water should be included. If they are to be included the Government is obliged to protect the tenant from ownership claims for fish from third parties and should also guarantee that the tenant is authorized to execute fishing activities for whatever place or area the contract includes.
In cases where, in the course of shrinkage of the high-water level of the lake, “rest waters” (water filled land surface depressions) occur, the contract is to indicate whether (a) the tenant or (b) the owner of the land where the depression is located is entitled to fish these waters. In the case of (a) the tenant is, logically, also entitled to move to and from the rest water during his fishing activities and the land owner has no right to prevent the tenant from so doing.
6. (1) In the interest of the upkeep of the economic value of the leased lake (fishing right), it is a common practice to request continuing stocking measures with those species artificially introduced previously.
7. (1) Based upon extensive gear experiments carried out in the Ghab and elsewhere, the expert recommends permission for the following fishing gear:
Gill nets: minimum mesh size: 40 mm from knot to knot
Seines : minimum mesh size of the center part: 50 mm from knot to knot
Cast nets: minimum mesh size: 50 mm from knot to knot
Traps (fyke nets): minimum mesh size in the last “chamber” -50 mm.
The following types of nets and/or gear should be excluded from permission:
Any dragged gear such as large handmade hooks fixed to a pole.
7. (3) The closed season, during which any fishing activities must stop is recommended to be established from March 15th to June 1st.
This period should be sufficient for protection of reproduction of the stock and is in accordance with long years of experience gained in the Ghab and the Lake of the Homs region.
7. (4) It is recommended to specify as closed areas for Lake Rastane, the Orontes stretch above the new railway bridge.
7. (5) The minimum sizes for the commercially important species recommended are as follows:
| Species | Minimum length (cm) |
| Carp | 30 |
| Catfish | 40 |
| “White Fish” (commercially used species) | 25 |
Fish species of the above-mentioned minimum size are to be considered as having definitely reproduced at least once.
10. (1) The following data should be recorded:
Number of fishermen employed
Number of each type of fishing gear used
Species composition of catch in kg
Species composition of marketed fish in kg
Days/year when fishing was carried out
