This survey was initiated some years ago as part of EIFAC fishery for the collection and dissemination of information of common interest among member countries. The author gratefully acknowledges the ready cooperation experienced in gathering the material by questionnaire through the good offices of EIFAC correspondents and others.
It has been gratifying to find that useful information of a background character was derived from this survey by the Government Commission on Inland Fisheries in Ireland which was appointed in 1970. The author also had the opportunity of presenting the survey to the Second Canadian Sport Fisheries Statistics and Valuation Workshop held in Victoria B.C. in November 1972.
The information here presented summarizes data gathered from the 16 countries, interpreted by the author when appropriate by reference to the intention underlying the various questions, and the author accepts all responsibility for the results as recorded. The main purposes of the survey were to determine:
- the nature of ownership of fishing rights; distinguishing freshwater from tidal water regime;
- the means used for administering the exercise of those rights;
- the fishing methods used for various species and any restrictions on their use;
- the use of levies or taxes for regulating fisheries.
are they vested in the state, province or other local authority?
can they be owned by private persons?
Belgium: Fishing rights belong to the owner of the riparian land, perhaps the state, a community or an individual.
Canada: Fishing rights are vested in the federal government in the Yukon, Northwest Territories and in national parks. Similarly, ownership within provinces is vested in each province.
Private ownership exists in Quebec and New Brunswick, as grantee or leasee from the province.
Denmark: Fishing rights in freshwater rivers and lakes may both be vested in the state and municipal authority and be owned by private persons. State or municipal ownership applies mainly to lakes. Private ownership applies both to lakes and rivers.
England and Wales: In non-tidal waters the general presumption is that they are privately owned.
Finland: Fishing rights as a rule belong to the owner of the water area. The proprietary unit is the water area of the village; the joint owners are the farmers of the village, each according to his assessment unit of land. Thus, in spite of the joint ownership, the water area and the fishing rights belong to private persons, the farmers.
France: In general, fishing rights are privately owned. The state owns fishing rights in navigable waters, canals and certain lakes and waters where it has riparian ownership. Associations can also own fishing rights.
Hungary: According to the Hungarian Civil Code, the owner of all fishes living in natural waters is the state. No res nullius is known. The licensee with the right of fishing acquires the ownership with the fact of catching.
The Statutory Rule on Fisheries declares that fishing rights in all waters - with the exception of fish farms and ricefields of the agricultural cooperatives - belong to the state
Iceland: Fishing rights are mostly owned by private persons.
Ireland: Rights of fishing in freshwaters are in general owned by private persons but some are held by state departments not as a matter of ownership policy but for reasons appertaining to the primary functions of those departments.
Netherlands: Fishing rights can be owned by state, province, local authorities and can also be privately owned. “Private” includes persons, foundations, churches, etc. As a rule, ownership of the water and fishing rights are not separated. Such a separation is against the fisheries law. However, there are cases where ownership of water and of fishing rights are separated. These historical seignorial rights go back to the days before 1848. They may be owned by the Government, public authorities as well as by private persons.
Norway: In Norway, fishing rights in freshwater rivers and lakes usually belong to the owner of the riparian land. In some big lakes only the shallower parts belong to the riparian owners, the rest (the deeper parts) to the state.
Poland: At present, fishing rights are vested in the state on state waters; on closed waters etc., artificial ponds which belong to the owner of the riparian land, small lakes without inlet or outlet and encircled by one owner's land can be owned by private persons. It is derived from the Fishery Act of 1932.
Scotland: They are generally privately owned either by private individuals or corporate bodies but some salmon fisheries belong to the Crown.
Spain: All inland waters are public property and can be fished by anyone, but the best fishing sections of the best salmon rivers have been taken over by the state.
There are no privately controlled waters in Spain.
Sweden: Fishing rights in freshwater rivers and lakes are mainly owned by private persons but the rights can be leased.
Federal Republic of Germany: Fishing rights on rivers and lakes can be owned either by the state (Federal Republic of Germany), the states (e.g. Schleswig-Holstein, Lower Saxony and others), the countries, the municipalities (towns, etc.) or also persons (natural and legal persons). This situation is to be understood on the basis of the historical development, which differed considerably both regionally and locally.
In more recent fishery laws, fishery economic points of view were considered on a larger scale. The basis of some of the fishery laws of the states is the “Preussische Fischereigesetz” (Prussian Fishery Law) of 11 May 1916 (e.g. in Schleswig-Holstein). After the second world war, and especially by the dissolution of the Prussian State, only the responsibilities have changed.
Yugoslavia: All Yugoslav waters (rivers, lakes, closed waters - various channels, accumulations, etc. are socially owned and with regard to fishery they may be managed by local authorities (communal assemblies), sportfishing organizations and work organizations.
(a) Generally the management is transferred to sportfishing organizations, except in case of some big rivers such as the Save and Danube, a part of the Morava, the Drava, and Drina and the Bojana and lakes and accumulations managed by fisheries-commercial organizations, but they are used by sport fishermen as well on the basis of an annual compensation payment. The fisheries institutes manage the spawning places (they are short courses of some rivers, especially adapted for spawning and salmonid culture or some artificial lakes round bigger rivers for ciprinid culture). At some of these places sport fishing is permitted subject to special compensation payment (daily license, etc.).
(b) Private persons neither own nor manage rivers and lakes, or other waters in Yugoslavia.
the constitution of the state;
statute law, charter or decree;
common law, custom or long-standing occupancy;
ownership of riparian land;
any other root of ownership or title?
Belgium: ownership of riparian land.
Canada: As far as can be ascertained, the outright private ownership of fishing rights in New Brunswick, for instance, stems from land grants made by the then-province(s) or by the Crown, Imperial Parliament, etc., prior to Confederation. There does not appear to be any constitutional barrier to creation of private ownership by either the federal or provincial governments on lands within their respective jurisdictions. This applies only to non-tidal waters.
Instances of small lakes and ponds which are wholly contained in privately owned land are found in a number of provinces. A few are owned by private fishing clubs, some are operated commercially as “put-and-take ” fisheries for anglers paying various forms of fees while others produce for commercial fish markets.
Denmark: In a few cases fishing rights may derive from statute law(b) and from common law(c) but private ownership of exclusive fishing rights mainly and in principle derives from ownership of riparian land(d). This principle is stated in the Freshwater Fisheries Act of 1965. Under certain circumstances, however, e.g., when lots have been parcelled out from larger estates, fishing rights may not follow the lot but still belong to the estate(e). In the latter case the riparian owners are entitled to claim their fishing rights commuted, if they constitute the majority of the landowners and represent at least half of the total length of the banks of the water in question. The owners in question submit the claim for commutation to a water court which settles all questions concerning the commutation, including the amount of compensation. Fishing rights which derive from law or which are entirely or partially vested in the State cannot be commuted.
England and Wales: Private ownership of fishing rights generally derives from ownership of riparian land.
Finland: The private ownership of water area and fishing rights derives from the ancient Scandinavian legislation (joint ownership according to the assessment units of land). The fisheries legislation, as also the water legislation, have accepted and followed this traditional or historical maxim.
The ownership of the above said unit, or village water area derives from riparian land ownership of the village. Every farm in the village has its share in the joint ownership, adjacent to the water or not.
In the big lakes (diam over 8 km), as also in the coastal waters against the open sea, the riparian rights of the village reach 500 m out from 2 m depth.
France: Fishing rights derive from ownership of riparian land.
Hungary: With the exception of fish farms and ricefields of the agricultural cooperatives, there are no private fisheries in Hungary.
Iceland: Private ownership derives from the ownership of riparian land.
Ireland: Private ownership derives variously from (a) (b) (c) and (d) (see Denmark).
Netherlands: Private ownership is primarily derived from ownership of the water apart from historical rights.
Fishing rights of polder waters and rivers are often derived from ownership of riparian land.
Norway: Fishing rights usually belong to the owner of the riparian land.
Poland: Ownership of riparian land, but only in the case of land-looked waters without an inlet or outlet.
Scotland: Certain fisheries in freshwater were originally part of the private estate of the Sovereign who from time to time made grants of salmon fishing rights to his subjects; other freshwater fisheries are under udal law pertinent to the land in Scotland.
Spain: There is no private ownership in Spain.
Sweden: The ownership of fishing rights derives from riparian ownership.
Federal Republic of Germany: (a) The constitution (the basic law of the Federal Republic of Germany) maintains the principle of ownership (Article 14 of the basic law). Expropriations can only be made in the interest of the common good by law by which also compensation is settled. In this way the existence of private fishing laws is also based upon the constitution.
(b) The right to fish, and the content of the Fishery Law is principally laid down in the fishery laws of the states. With regard to inland fishery there exists no rivalry with the competency of state legislation. The Fishery Law derives from the principle that the owner of a water is entitled to the right to fish. (c) Independent (private) fishing rights originate from usage from time immemorial, or they were granted by the Sovereign as the predecessor in right of the present state. (d) Concerning small water ways (water ways of the 2nd and 3rd order according to the law relating to waters) the riparian owns the fishing right, so that with regard to small waters the fishing right is extensively divided, and, therefore, these waters are mostly not very well managed. However, there exists the possibility that several owners of fishing rights can form collective fishery districts and economic cooperatives. (e) Often an independent (private) fishing right is combined with the ownership of a piece of land. The respective owner of this fishing right, e.g., independent of the property, can sell this fishing right to the owner of the water.
Yugoslavia: There is no private ownership of fishing rights in Yugoslavia.
Belgium: Fishing rights belong to the owner of the riparian land but the owner of the fishing right can give up his fishing right.
Canada: Rights can be severed from ownership of riparian land.
Denmark: In principle, fishing rights cannot be separated from riparian land. Only in cases when fishing rights remain in or come into the possession of the state can they be separated from riparian land.
England and Wales: Rights can be severed from ownership of riparian land.
Finland: If the joint owners so desire, joint ownership may be split and each farm given its separate share located and mapped.
It is also possible to sever a water area (for instance a rapid or waterfall) as a separate “water farm” from ownership of village land.
France: Not possible under present legislation.
Iceland: Fishing rights cannot legally be separated from ownership of riparian land.
Ireland: Yes. In Ireland private or exclusive rights of fishery are extensively held and are customarily known as rights of several fishery.
Netherlands: Fishing rights cannot be severed legally from riparian ownership. Ownership of the water including fishing rights however may be separated from riparian ownership. This is not possible as a rule in polders because the owners of riparian land are obliged to clean the polder ditches and canals in order to ensure an unrestricted flow of water.
In ditches which separate properties the borderline runs through the middle of the ditches. However, both owners are allowed to fish the ditch over its full width with professional fishing gear.
Norway: Ownership cannot be legally severed from ownership of riparian land. In former days this was possible.
Poland: Riparian ownership was abolished by an Act of 1932.
Scotland: Salmon fishing rights do not derive from riparian ownership.
Sweden: Fishing rights cannot be severed from ownership of riparian land.
Federal Republic of Germany: Only in the case of small water ways (water ways of the 2nd and 3rd order in the sense of the law relating to waters) is the riparian the owner of the fishing right. A separation of fishing right from ownership is not possible.
The fishing rights of the owners of lakes are within the framework of the laws of ownership. The limits of the right to fish do not change by a flooding of the bank. For the owner of fishing rights near a river, or for the person who exercises the fishing right, there exists the right of the “Fischnacheile” (i.e., fishing may be carried out in the part of overflowing water which covers the land).
Belgium: Fishing rights belong to the owner of the riparian land; this can be the state, a community or an individual.
Canada: There are partnerships, company, club, and other forms of collective ownership of riparian waters in New Brunswick and Quebec.
Denmark: The Freshwater Fisheries Act allows riparian owners to join in a kind of cooperative the rules of which (a bylaw) must be approved by the Minister of Fisheries. Cooperatives and bylaws may be established either on the request of one or more of the riparian owners or if the Minister of Fisheries so decides.
England and Wales: Fishing rights may be owned collectively either by way of lease or purchase.
Finland: The proprietary unit is the water area of the village, the joint owners are the farmers of the village, each according to his assessment unit of land. Thus, every farm in the village has its share in the joint ownership, adjacent to the water or not.
France: Ordinarily there is no collective ownership of fishing rights, but the rights of riparian owners can be granted to recognized angling and fish culture associations.
Hungary: Fishing rights are managed by cooperative organizations, angling associations and scientific fishery institutions.
Iceland: Collective ownership of fishery rights can occur as when two farmers own land on each side of a river. In practice they own the fish in the river together. Nevertheless each one should stay on his side of the river when fishing, except when landing the fish.
Ireland: There are no legal obstacles to the acquisition by collective groups of exclusive fishing rights.
Netherlands: If the water is owned collectively too.
Norway: Exclusive fishing rights may be owned collectively where there are many owners of the riparian land. Fishing associations may own river stretches.
Poland: Exclusive fishing rights cannot be owned, but commercial fisheries can be leased collectively from the state by fishing cooperatives.
Scotland: Fishing rights may be sold or leased to groups.
Sweden: Fishing rights can be owned collectively where the rights belong to a village land owned in common and where the fishing rights have not been divided according to the assessment unit of land.
Federal Republic of Germany: During the last decades the tendency has developed for several private fishing rights in one water to be utilized collectively. They are united into adequate economic units (fishery districts or fishery economic cooperatives), with each member having a claim on the profit of the unit.
Yugoslavia: If the water management is carried by commercial fisheries organizations or cooperative organizations, their members practise collective fishing.
Belgium: No arrangements exist for joint management.
Canada: Management of freshwater fisheries, per se, is the sole responsibility of the federal and the various provincial governments involved according to ownership and/or administrative agreement in the waters in question.
Where private collective ownership exists, other aspects of management operate within the framework of prevailing property use purposes and laws.
Denmark: The main purpose of a bylaw is to ensure that the water body is managed in a uniform and rational way in order to secure the highest yield and preserve the most suitable biological balance. Provisions related to the fishery management are laid down in the bylaw, for instance concerning the obligation to manage the water body according to management plans worked out on the basis of biological surveys. Provisions also related to gear, methods, closed seasons and minimum sizes which may be specific for the water in question. Provisions relating to conservation of fish may restrict but never extend the provisions laid down in the Freshwater Fisheries Act.
The bylaw often also contains provisions concerning the distribution of profits between the members of the cooperative. The cooperative may manage the water body either collectively, i.e., put out the fishery to lease on contract, either commercial and recreative fishery separately or jointly, or the members of the cooperative may fish for themselves under the provisions of the bylaw. Apart from rod and line, the amount of gear (fykes, nets, hooks, etc.) per member is often restricted.
England and Wales: In non-tidal waters the general presumption is that the fishing rights are privately owned. The collectively operated fisheries are those leased to angling clubs or syndicates.
Finland: According to the Fisheries Act (503/51), the management of water areas (fisheries) under joint ownership has to be organized by the meeting of owners which shall accept the rules and elect the executive committee and chairman for enforcing the rules. The meeting also defines the extent of fishing right for different shares. The owners also are responsible for conservation of the area.
There are now (1972) more than three thousand such joint ownership units which have organized their activity, of which 2535 also are members of the Finnish Fisheries Association.
France: The rights of riparian owners can be granted to recognized angling and fish culture associations.
Hungary: The state owns all fishing rights. Fisheries are managed by cooperative organizations, angling associations and scientific fishery institutions.
Iceland: Several farmers may own land adjacent to a river. Each one owns the fishing rights on his stretch of river. By law the farmers have to get together and form a riparian owner association. Based on the previous fishing record, available spawning grounds and nursery areas, each farmer gets assigned a certain percentage of any profit that will be made, when the river has been leased.
The river is leased on a yearly basis to the highest bidder whether it be an individual or an angling club. This also holds true for lakes.
Ireland: There are no arrangements for joint management.
Netherlands: There are no special rules for such a joint management. Advice can be obtained from Government agencies free of charge.
Norway: Riparian owners, e.g., fishing associations, may cooperate in hiring out their fishing or selling fishing licences.
Poland: Fishing rights can be held collectively by fishing cooperatives or angling associations.
Scotland: There are no fishing rights to which title does not exist but fisheries may be leased to groups.
Spain: In waters which are public property anyone is free to fish, provided he has a general licence.
Sweden: There is no special arrangement for joint management of waters but the rights may be leased. To make the utilization of collectively owned fisheries more effective, a special organization can be established. If fishing licences are sold to the public by this organization, 80% of the costs for the establishment (mostly clearing up of fishing rights) will be paid by the state.
Federal Republic of Germany: The regulations for common utilization of fishing rights differ within the various states. Fishery economic cooperatives may either utilize the fishing rights, or lease them or by issuing permits for fishing or licences allow them to be utilized. Legal persons, with the exception of fishery guilds, may utilize their fishing rights only by lease or by issuing permits.
Yugoslavia: There are no special arrangements for joint management of waters. Usually the fisheries - commercial organizations (fish farms and cooperatives) - manage such waters and take care of their improvement. They develop adequate plans and programmes which are carried out within their possibilities.
Belgium: The owner of the fishing right (which can be the state) can fish himself, give up his fishing right, or lease it to one or several persons - in order to fish in these waters it is necessary to have the permission of the proprietor and moreover to buy a state fishing licence.
Canada: By various forms of licence requirements for the most part, as well as by leasing in certain Quebec and New Brunswick waters. There is no preferential treatment where leasing results from public auction. Provision of satisfactory warden protection is a condition of leasing in New Brunswick. Except for isolated instances involving research, management responsibilities are not delegated. All anglers, irrespective of waters, are subject to conservation laws.
Denmark: Utilization of fishing rights vested in the state may be provided for in different ways and there are no general rules of procedure. Generally state-owned water bodies are administered by the local state forest districts which themselves decide upon the way of managing the water in question. Frequently, however, the commercial fishery is put out to lease on contract under which there is an obligation for the leaseholder to follow certain principles of management that are laid down. The leaseholder pays an annual base rent on top of which there is generally a percentage duty according to gross income from catch.
Besides commercial fisheries management, recreative fishing may be allowed either on the basis of sale of local permits or annual rents. Recreative fishing may also be performed by the public from hired boats specially supplied with fishing permits in the water in question. Riparian owners in state vested lakes are sometimes also permitted to fish with rod and line from shore or from private but registered boats. Anglers are only permitted to fish with angling gear, not with commercial gear. Angling permits may be sold either by the leaseholder or by the administrative body. In some cases angling rights are restricted to the members of an angling association.
A state fishery concession normally imposes special management obligations on the users, mostly according to a management plan based on a biological survey. The observance of the plant is controlled by the fishery authorities. The plans aim at developing a commercially and recreationally valuable fishery, creating the best conditions for the marketable and game fishes, controlling the noxious fishes and liberating fry, most often elvers.
In most cases management functions are delegated entirely to the leaseholder, but in a few cases the administrative body itself manages the fishery by employed staff.
England and Wales: There are no fishing rights vested in the state.
Finland: During the sixteenth century fishing rights for salmon and whitefish were claimed to belong to the Crown (Ius Regale). Now the Fisheries Administration leases out salmon fishing in some rivers as well as several off-shore salmon fyke net sites (favouring local professional fishermen).
The state is the sole owner or a share holder of water areas exceeding 560 000 hectares. There areas are administered by the National Board of Forestry. In licensing and leasing out fishing rights, according to the Statute (322/53), the Forestry Administration has to give preferential treatment to the local inhabitants, especially to those who do not have any fishing rights of their own. This especially concerns so-called recreation fishing as also household-use fishing. Licences may be given, e.g., for one year, the leases are made for 5–25 years. When leasing out the authorities may - and usually do - impose management and conservation obligations on the lessee according to the plan amended by the Forestry Administration.
In these state-owned areas there also are 58 sport fishing areas where licence fees usually are:
1–2 days (F.mk. 5 or 10), the first week F.mk. 9 and the next weeks F.mk. 4 each.
France: The management and general administration of fishing are always the responsibility of the state. The state yields its fishing rights in tidal waters to members of the Inscrits Maritime or Merchant Navy. In state-owned inland waters the state issues licences but if the state has leased the waters, the lessees may issue licences.
Hungary: The state practises its rights through certain organs enumerated in the Statute: specifically, (1) through State enterprises and scientific fishery institutions directly, (2) through lettings to agricultural cooperatives and fisheries cooperatives, (3) through lettings to the Hungarian National Angling Association.
Iceland: The state owns the interior of Iceland. As a result it owns several inland lakes. Some lakes in the mountainous interior are open to the public but they do not support any fish. Traditionally, however, the fishing rights in most of these lakes belong to the farmers in the adjacent country that keep their sheep there during the summer. They have formed an association which tries to improve fishing in the lakes and sells fishing licences to the public. The state owns many farms (former church lands) in Iceland but any profit from fishing rights goes to the occupant of the farm (some provisions are made that this be used to maintain the place). Thus the state does not derive any direct income from its fishing rights. Furthermore, no one can fish anywhere in Iceland without a licence from the appropriate riparian owner or owners. The rivers in the mountainous interior are mostly glacial and do not support any amount of fish. If they did, the same laws would apply as for the lakes.
Ireland: Lettings of fishing rights vested in the state are made for varying periods by means of competitive tenders, special consideration being accorded to tenders submitted by angling associations, etc. Any management obligations on users considered necessary are provided for in the terms of the lease governing each letting.
Netherlands: Fishing rights are conveyed by licence or hire and when let, the tenant (private person, club or associations etc.), is responsible for correct management.
Total fishing rights permit the tenant to fish by all legal methods. Fishing rights can also be split up and let separately: the right to fish for eel (and usually also tench) to professional fishermen and the right to fish for other species (“scaled” fish) to sportfishermen. This type of letting is encouraged by the Government, especially in state-owned waters according to the general policy of priority for sportfishing.
Norway: State fishing rights may be leased to fishing associations, or the state may sell fishing licences. Fishing associations are then usually obliged to cultivate their concessions according to plans from state fishery biologists.
Poland: Commercial fishing rights are utilized by state fish farms, or are leased by the state to cooperatives and to the Polish Angling Association. These bodies are responsible for legal aspects of the commercial fishing involved. Sport fishing rights utilized by physical persons are licensed: licences are open to the members of the Polish Angling Association, paid differently according to the intended fishing: trout, inshore, off-shore, winter-jigging, spinning, etc. Fishing rights on small rivers, streams, lakes, or waters close to big towns, are preferably leased to the Polish Angling Association. The state imposes management obligations on the users; these are included in any contract of lease. However, some management measures can be applied only with special permission of state administration, e.g., changing of water courses, or of water level, electric fishing, and a few others where locally appropriate.
Scotland: Crown fisheries are let to private individuals or corporate bodies. There is no licensing system for any kind of fishing either for sport or commercial purposes, in the inland waters of Scotland.
Spain: On the limited sections of river that are “cotos”-controlled by the state, only a restricted number of people are allowed to fish at one time, and the number of fish each may catch is also restricted. The issue of the required permits is decided by lottery and is thus quite impartial. The percentage of permits issued is somewhat as follows:
(1) tourists 15% (lottery held by Minister of Tourism), (2) riparian fishermen 10%, (3) “collaboradores” about 10%, and (4) General Lottery about 65%.
The cost of a permit varies according to the lottery from which it is drawn. Permits drawn from the General Lottery are more expensive than those drawn from the other three. A person who is eligible for a permit from lotteries (1), (2) and (3) can also apply for a permit from lottery (4) if he fails to obtain one from his own lottery.
A riparian fisherman is one who lives on or near a stretch of river controlled under the“cotos”system. As noted above, 10% of permits are allocated to riparian fishermen, who may also apply for permits from the General Lottery.
“Collaboradores” is a term referring to fishermen's societies. If a fishermen's society is sufficiently big, if it is approved by the Fishery Board, and if it contributes to the upkeep of a“cotos”-regulated fishery preserve, then its members are eligible for the approximate 10% of permits specially reserved for “collaboradores”, as mentioned above.
Some fishery preserves are totally controlled by particular fishermen's societies, subject to inspection by the state. On these preserves, the proportions of permits issued are: “collaboradores” 50%; riparian fishermen 20%; General Lottery 20%; tourists 10%.
Sweden: In the lakes of Vanern, Vattern, Hjalmaren and Storsjon, there are waters with public right of fishing with unfixed gear and no special licences are required. Parts of the private-owned fishing waters in these lakes are also open for fishing by the public with special fishing gears. Waters in the north of Sweden above the border of cultivation are reserved for the Laplanders. Apart from waters so reserved there are in the north considerable areas in part of which fishing rights derived from riparian ownership are held by private persons in freshwaters, rivers and lakes while further large areas are held by the State Forestry body and are freely available for fishing under permit.
Federal Republic of Germany: According to the fishing laws of the states, fishing rights should in general be utilized by long-term lease. Such contracts can be concluded either with individual fishermen, fishery cooperatives, or associations of sport fishermen. Individual fishermen or fishery cooperatives are allowed to issue permits, e.g., to sport fishermen, if that is not explicitly excluded.
The states usually transfer the fishing right completely without reserving individual rights for themselves.
On the North East Canal, the administration of the federal water ways issues permits only (not leases) for fishing to professional and sport fishermen. The authority for issuing licences to sport fishermen has been generally transferred to the “Landesverband der Sportfischer” (regional association of sport fishermen).
Yugoslavia: Each Socialist republic passes its own laws on freshwater fisheries by which fishing rights are governed according to specific conditions in the republic. In all the republics the sport fishermen are members of sport fishing organizations with rights in the area which their sport organizations covers. The commercial organization issues licences to sport fishermen. There are no special limitations.
Every Yugoslav citizen, who need not be a sport fisherman, can obtain a daily licence by paying a fee that covers not only fishing in waters outside the sport fishing organization or the commercial organization area, but also in waters of other Socialist republics of Yugoslavia. The licence fee ranges from Y.Din. 5 to 50 depending on the fish resources and organization managing the waters. This right is available to all tourists - both domestic and foreign. There are no special concessions.
Belgium: There are no provisions concerning public rights of access.
Canada: It is not certain whether the concept of “state-owned-fisheries” and “fisheries in which the public are deemed to be entitled to free fishing” can be equated. The only fishery capable of being “state-owned”, so far as Canada is concerned, is that which exists in non-tidal waters as on incident of ownership of the sub-soil, with the user of public access in such waters varying widely among the ten provincial and the federal jurisdictions involved in keeping with many factors, e.g., fisheries abundance, value, demand for and management requirements of some species, precedent decisions made respecting fisheries ownership, etc. Even when the sub-soil in tidal waters is owned by the state (province), a right of fishing exists for the public at large, subject only to federal regulation as to management and use, i.e., in the latter case the right to fish is severed from ownership of the soil.
Denmark: There are no water bodies in Denmark where the public has free access to the fishery. Anyone who wants to fish will have to buy or hire the fishing rights from the owner in question. He may do this on a daily, weekly, monthly or annual basis. Or he may join an angling association which hires fishing rights for its members. There is no general fishing licence in Denmark, either with respect to commercial or recreative fishery.
England and Wales: There are generally no state-owned fisheries, but there are some stretches of fresh-water over which the presumed owners, whether riparian proprietors of land or others, do not exercise their rights to the exclusion of the public, and so a state of de facto free fishing, prevails.
Finland: There are fishing rights which are not connected with ownership: citizens including all Scandinavian citizens, may fish in the coastal off-shore area outside of the village boundary for household and recreational purposes (Fisheries Act 2). Inhabitants of a commune by a big lake may angle and do other hook fishing outside of the village boundary, with the communes bordering lakes together to resolve if other fishing methods may be allowed or not (Fisheries Act 3). Inhabitants of the commune may angle without a licence and with only minor restrictions. In the outer archipelago and in the area facing open sea, this includes net fishing for Clupea harengus var. membras, Clupea sprattus and Coregonus albula (Fisheries Act 4). Inhabitants of villages can with a moderate payment obtain a licence for household and recreational fishing (Fisheries Act 65).
Angling inside the boundaries of one's own commune is free of charge. To be allowed to use his other fishing rights - owned, paid or general - anglers over 16 years of age, have to pay F.mk. 5 yearly as the fisheries conservancy fee. This payment is collected and used by the state.
Hungary: The legally entitled persons have the right of access to the fishing grounds. It may happen, that in certain circumstances a special road is granted for them, but according to our statutes fishing cannot be hindered in any way, and on the banks a free path is to be left by any owner.
Iceland: People are not entitled to free sport fishing except in the sea. Salmon fishing, however, is forbidden in the sea.
Ireland: There is in general no provision in statute in this connexion. Access to fisheries in which the public are deemed to be entitled to free fishing is often available by public right of way to the fishery: where no such right of way exists, access depends on consent of the riparian owner, which as a rule is readily given with or without conditions.
Netherlands: Sport-fishing with an “ordinary rod” can be carried out without consent of the holder of the fishing rights, provided that one is permitted to enter the riparian land. Owners often issue permits for the right to enter their property.
Norway: The salmon and inland fishing laws declare that the public are entitled to fish in waters owned by the state or local communities.
Poland: Provided a valid licence is held, sport-fishing can be performed on any state water except on waters distinctly marked as closed spawning areas, rearing ponds, etc.
Scotland: There is no public right of fishery in freshwater in Scotland with the exception of the right to fish for brown trout in all navigable and tidal waters.
Spain: No owner of land on the bank of a river can prevent anyone from fishing from that land.
Sweden: There is a legal right to pass over private land.
Federal Republic of Germany: In some inland waters, free fishing is allowed to all riparians. For example, in the State of Bremen, each citizen of this state has the right to angle freely in the River Weser. Similar arrangements apply to the State of Hamburg.
Yugoslavia: The public has the right of access to all fishing grounds, but is warned on noticeboards that fishing is permitted only with an adequate fishing licence.
Belgium: There are no tidal waters in Belgium which can be fished. The only tidal waters are those of the Lower Scheldt, which are badly polluted and can no longer be fished.
Canada: The right to fish in tidal waters is a public right, subject only to regulation by the federal government. No exclusive right can be acquired as against the general public, though some sort of fishing e.g., weir fishing, salmon traps, involve the use of gear affixed to the soil. A licence to so fish connotes no grant of the soil or of a fishery but simply a licence to fish for the current year, subject to regulation, with the type of gear and at the place specified in the licence. In Quebec where title to certain tidal areas vests in the province, it can grant the request to fish with stationary aplliances but exercise of this right cannot interfere with the right of the public to fish under present regulations for other types of fishery.
Denmark: There are no general fishery provisions for tidal waters. Fisheries in Denmark are under the Freshwater Fisheries Act from 1965 and the Sea Fisheries Act from the same year.
England and Wales: The general rule in tidal waters is that the right to fish is public. There are some private fisheries in tidal waters, originating from grants made by the Crown before 1189. The law always presumes that a public right exists unless and until a claimant can prove otherwise.
Finland: There are no tidal waters which can be fished.
France: In tidal waters, the exclusive fishing rights belong to the merchant navy.
Iceland: Salmon fishing in the sea and tidal-waters is forbidden except in cases where this fishing in the past has affected the real estate value of the farm. There are only 4–5 such cases. Trout can be fished in tidal waters with gill nets which are not fit to catch salmon. This fishing, however, cannot take place within 1 000 m of the mouth of a river that is less than 253/sec and not within 2 000 m of the mouth of larger rivers.
Ireland: In tidal waters, the presumption as to entitlement to fish is in favour of the public. Nevertheless, although, prima facie, the public is entitled to fish in the sea and the estuarine waters, yet certain rights to fish in particular waters, to the exclusion of the public, have been established. These rights have originated in various ways and constitute what is commonly known as an exclusive or several fishery. Arising from legal actions determined in the courts within the past forty years, certain fisheries in tidal waters which were formerly preserved as exclusive or several fisheries are now deemed to be public fisheries. For the proper regulation of fishing in such waters by the public, the state has, under statute, declared such waters to be “special tidal waters” and further, under statute, a system of control has been established as part of which licences to fish are issued on payment of licence duties fixed with references to those particular waters.
Netherlands: With regard to the tidal waters regulations do not differ from those relating to inland waters. In the estuaries, sport fishing can be carried out with two ordinary rods without consent of the holder of the fishing rights.
Norway: In the sea the owner of the riparian land has exclusive rights to fish for salmon, sea trout and sea char with bag-nets, stake-nets, angle-nets and “flake” seines, and to use seines nearer river mouths than 250 metres. These rights do not extend to more than ¼ of the width of the fjord.
Poland: The Baltic does not have tides. Marine waters are open to sport fishing provided a valid licence is held.
Scotland: The private ownership of salmon and sea trout fisheries in Scotland extends not only to all rivers and lakes, but also to the sea within 3 miles of the shore.
Sweden: In the sea as a general rule, the waters within 300 m from land are privately owned but on the west coast and most of the east coast there are public rights of fishing in private-owned waters. A licence is required for fixed nets.
Federal Republic of Germany: In German coastal waters in general, fishing is free to every German. Foreigners can only fish in these waters if they purchase a fishing licence for foreigners. Exclusive fishing rights in coastal waters can only be obtained with regard to banks of mussel culture. These rights are granted by the state through official channels.
Belgium: No tidal waters that can be fished.
Canada: There are no such arrangements and assuredly no one can acquire an exclusive right in tidal waters as against the public at large.
Denmark: No general fishery provisions for tidal waters.
England and Wales: In tidal waters there are no cooperative concerns which are entitled to fish to the exclusion of the general public.
Finland: No tidal waters that can be fished.
France: There are no fishery cooperatives in tidal waters.
Iceland: Not applicable.
Ireland: No provisions made.
Netherlands: Not applicable.
Norway: In the sea, the owner of the riparian land has exclusive rights to fish for salmon, sea trout, and sea char.
Poland: Not applicable.
Scotland: Private ownership of salmon and sea trout fisheries in Scotland extends to the sea within 3 miles of the shore.
Sweden: Not applicable.
Federal Republic of Germany: Cooperative fisheries are rare in coastal regions. Where such a cooperative fishery exists, e.g., on the River Eidor, fishing is not carried out by the cooperatives, but stretches may be leased.
Belgium: There are no special regulations.
Canada: The extent of management of Atlantic salmon runs, for instance, depends on the circumstance relating to the river in question. In addition to long established seasonal closures in commercial tidal fisheries, there can also be special closures for special requirements, e.g., fish for hatchery purposes, to enable normal spawning under adverse water conditions, upstream angling, etc.
Denmark: It is illegal to place fixed gear, fykes, nets or the like further out in streams than mid-stream. If such gear is used from both banks, either opposite to each other or with a distance of less than 35 m, a gap between the gear of at least one third of the width of the river must be left open. The Minister of Fisheries may however dispense from these provisions when special conditions prevail.
In case of weirs, eel traps, etc. - depending on their age - special provisions exist with regard to the maintenance of fishing eyes and closed periods of fishery in the traps. For all kinds of traps, however, the trap must be kept open and no fishing take place between sunrise and sunset. In case of salmon and trout traps and similar traps for the catch of ascending fish no fishing must take place between sunset Friday night and sunrise Monday morning.
All weirs and other obstacles in rivers shall be furnished with an elver pass at the cost of the owner. The pass must be in function from 15 April to 30 September. Special provisions exist as regards the establishment of fish passes, depending on the age and use of the weir in question. No fishing must take place within a distance of 50 m above and below a fish pass.
In the sea any fishery is prohibited in a zone of 300 m to each side of river mouths wider than 2 m. A free access to this zone is secured by the establishment of closed zone of 200 m wide and 100 m long in a straight direction from the river mouth. With respect to river mouths less than 2 m wide, similar prohibition zones exist from 2 months before the closed season for salmon and trout until the end of the closed season.
Similar prohibition zones may also be established in lakes around the inlet of rivers.
England and Wales: Fisheries in inland waters are under statutory control and restrictions on the exercise of fishing rights, e.g., by the prohibition of certain methods of fishing, the regulation of other methods, the specification of closed times during which fishing is prohibited, are imposed, some by Act of Parliament and some by bylaws made by river boards. In many tidal waters, the public right of fishing for salmon and sea trout by means of a net, is restricted by the power of river boards to limit the number of licences that may be issued for this form of fishing.
Finland: The Water Act (264/61) includes several protective clauses relating to closure, pollution and alterations of watercourses. In any river ⅓ of the width shall be free for passing fish, etc. (12). In this “fish passage” no stationary gears are allowed (excluding hooks) (Fisheries Act 10). The Fisheries Act also includes regulations concerning closed seasons, closed areas, allowed gears, restrictions, etc., as to give definite outlines for the management. But the main responsibility of conservation remains on the occupant of fishing rights. (Fisheries Act 53). Fisheries authorities control the activities.
France: There are regulations governing type and size of engine, times for fishing, as well as weekly closed times.
Hungary: The methods of fishing are controlled and the number of licences may be limited, this being done in accordance with a general conservation plan.
Iceland: The middle portion of a river must be clear of obstructions such as gill-nets. This area shall equal ⅓ of the width of the river. Salmon and sea-trout fishing with nets is not allowed from Friday night till Tuesday morning. The only nets allowed are gill-nets with bag on one end. Special permission from the Ministry of Agriculture is needed for the use of dragnets e.g., for brood stock. Netting of salmon is at the present time confined to a few of the largest rivers in Iceland. All the smaller rivers are exclusively for angling. About 50% of the salmon caught are caught by rod.
Ireland: All those who fish by commercial methods (i.e. nets or weirs) are obliged to observe a weekly closed time, usually of 48 hours duration from 06.00 hours Saturday to 06.00 hours Sunday. During this time all commercial methods of fishing must be removed or taken up so as to allow a free escapement of fish to the upper waters where apart from being open to fishing by rod and line they may be regarded as making safe passage toward the spawning grounds. In weir fishing a free gap must be kept open at all times measuring not less than one tenth the width of the stream where the weir is built. The annual closed season laid down for fishing by commercial methods is more restricted (a minimum of 168 days of the year) than those for fishing by rod and line (the minimum 92 days closed period). There are a number of other restrictive provisions in regard to net fishing such as the prohibition of all net fishing in freshwater, declaring of certain prohibited areas such as a half-mile limit around the mouth of river, and certain restrictions on the operation designed to prevent the use of nets so as to block off the entire run of fish up river. In addition to such statutory restrictions there are certain local bylaw provisions laying down sanctuary areas in places where the use of nets would lead to taking unduly heavy toll of stocks of fish.
Netherlands: There are no regulations protecting the interests of upstream proprietors. All weirs have fish passes (modern control works have fish lifts). In rivers, fishing is not permitted (1) within a distance of 75 m upstream of a weir, (2) in a fish pass, (3) within a radius of 25 m of the up-stream opening to a fish pass. These rules do not apply when a weir is non-operative.
Norway: Commercial fishing is regulated in many ways. Closed season from 1 September to 30 April or more in many rivers. Weekly closed periods 3–5 days. In weirs, a gap of at least ¼ of the deepest part of the rivers must be open. Now weirs are not allowed.
Poland: The use of commercial methods of fishing is subject to regulations derived from the Fishery Act, which includes regulations regarding the legal size of fish by species, prohibitions regarding the use of explosives and poisons, closed spawning seasons, local closed periods, and so on.
Scotland: Fishing is not permitted during the weekly closed time (from 12.00 hours on Saturday to 06.00 hours on Monday) or during the annual closed time which must always cover a period of 168 consecutive days.
Spain: No reply given.
Sweden: To allow a free escapement of fish to upper waters, a free gap must be kept open at all times with not less than one sixth the width of the deepest part of the stream. The fishing is regulated concerning seasons and fishing gears by local bylaws.
Federal Republic of Germany: Regarding flowing waters with a stock of salmonid, fishing is not allowed within an eight weeks period during spawning time in winter. Concerning waters containing fish which spawn during spring, a closed season during this period is fixed. In this case only fishing with non-mobile gear and angles is allowed.
The function of fish ladders is nowadays considered problematic. Rising of eel into the upper layers of the waters is indispensable. Fish ladders are rare in North Germany. Fishing is prohibited, above and below fish ladders, either during the whole of the year or during certain times. The respective regulations are laid down in the Fishery Law.
Yugoslavia: Only in the Republic of Slovenia is the fishing time limited. A sport fisherman is allowed to go fishing only twice a month and to fish only a certain quantity of fish - specially of salmonids - during each trip. There are no time limitations in other republics. In all waters fishing is prohibited during spawning and up to a fixed size for each species of high quality fish.
Belgium: No quantitative control.
Canada: In the face of mounting demands and an endangered habitat, various moves have, for instance, been considered and taken to reduce the commercial catch of Atlantic salmon.
Denmark: There are no provisions for exercising quantitative control of fishery by commercial methods. But on demand all fishermen and other owners of fishing rights (and fishmongers) are obliged to give information on their fishery and their trade.
England and Wales: No quantitative controls.
Finland: There is no need for exercising quantitative control of fishing by commercial methods exceeding those discussed under Question 10. The commercial fishing mainly occurs in the coastal and offshore-waters which are not too heavily burdened.
France: No quantitative controls.
Hungary: There is apparently no quantitative control in the case of commercial fishing. Anglers however are limited to specified daily and annual catches. In addition anglers may not sell their catch.
Iceland: Salmon fishing is only allowed three months each year during the period from 20 May to 20 September. The closure mentioned in paragraph 10 can be extended 24 hours if need be.
Ireland: There are some provisions for limiting the number of licences that may be issued for use of nets in certain fisheries. Provision exists whereby quantitative control can be exercised in regard to catches of salmon whether indirectly by control over numbers of salmon nets used at sea or directly by control of landings of salmon caught at sea. Otherwise there are no provisions for quantitative control of fishing.
Netherlands: No quantitative controls.
Norway: No quantitative controls.
Poland: Quantitative control of commercial fishing is exercised by Fishery Guards. A type of social control is exercised by sport fishermen; some are Honorary Guards. However, since waters are leased on long terms, fishermen themselves are interested in proper kinds and intensity of fishing.
Scotland: No quantitative controls.
Sweden: No quantitative controls.
Federal Republic of Germany: There are no regulations in the Fishery Law on quantitative control. As to associations of sport fishermen, regulations are often laid down on a private basis.
Yugoslavia: No quantitative controls in commercial fisheries.
Belgium: None.
Canada: Various forms of licence fees can be imposed as a means of control. Excess fishing capacity in the British Columbia Pacific salmon fisheries is being reduced through a “freeze” on entry as well as through sharply increasing licence fees on vessels (plus ineligibility for vessel subsidies, etc.)
Denmark: None.
England and Wales: Not answered.
Finland: None.
France: None.
Hungary: Not answered.
Iceland: None.
Ireland: See replies to Question 11 and 14.
Netherlands: None.
Norway: None.
Poland: No taxes on leased fisheries.
Scotland: Not answered.
Sweden: None.
Federal Republic of Germany: Fishing rights in inland waters are only granted against payment of taxes. This is also a means of control. There are no provisions made in this respect in the “tax law”.
Yugoslavia: Each Socialist republic has its own regulations governing freshwater fishing and determined clauses according to which fishing, improvement, control, etc., are carried out.
Belgium: No tidal waters which can be fished.
Canada: There are no proprietary rights in tidal waters. Atlantic salmon are taken in coastal waters principally by trap-nets, gill-nets and drift-nets, plus incidental catch in non-salmon gear. There is, however, a hereditary aspect to salmon trap-net licences, which is currently under review.
Denmark: The following are used in coastal and sea fisheries for salmon and trout: pound-nets; fyke-nets; set-nets; drift-nets and books (drift lines). Pound-nets and fyke-nets are operated under a kind of proprietary right as the fisherman at the end of each fishing season must apply to the fishery control officer for the use of pound-net and fyke-net positions which he is going to use during the next season. The fishery control officers are responsible for the distribution of these places among the fishermen. Special provisions exist with respect to the proper buoying of the nets, and for the distance between the gear. Drift-nets and drift-lines are mainly operated from larger fishing vessels in high seas fishery, especially in the Baltic.
England and Wales: Commercial salmon netting takes place in estuaries and on the coast. Proprietary rights generally do not exist in tidal waters.
Finland: Fyke-nets, drift-nets and drift-lines (usually outside of proprietary waters), trolling and sport angling (usually in proprietary areas).
France: Not answered, since coastal and sea fishing are under jurisdiction of the General Secretariat of the Mercantile Marine, Paris. There is no public fishing as such.
Iceland: Salmon fishing is not allowed in the sea except in very special cases. Some 4 farms conduct a sea fishery for salmon using a form of gill-net with a bag on one end, and bag-nets which need special permission. Trout fishing with gill-nets is common. Both these are operated exclusively under proprietary rights. Anybody can, however, set trout-nets beyond 60 fathoms from shoreline but it is not common.
Ireland: The following methods of fishing for salmon and trout are employed in coastal and sea fisheries (a) Drift-nets of lengths regulated by bylaw - up to 1 500 yd long - the fish being caught by meshing. The nets are fished from boats ranging in type from cared yawls, or trondheim to powered boats up to 50 ft in length (b) Draft-nets - these are usually hauled or drafted on to a convenient landing or hauling ground, the net being shot or paid out so that with the help of the tide it may encircle a catch of fish which is then hauled in. An cared boat is usually employed in paying out the net (c) Fixed gear such as bag-nets or stake-nets - these are usually operated on the principle of having a leader running out from the shore to the fixed net where the fish enter by a value into one or more chambers from which there is no escape and are then fished out when the tide permits.
With a few exceptions only nets in the final category (i.e. fixed nets) are operated under proprietary right. Many of these nets have fallen into disuse and legislation does not permit the authorization of any new fixed gear or a changing of site for operation of those for which statutory certificates have already been issued.
Netherlands: Salmon is completely, and trout almost, extinct as a result of pollution. No fishing for these species is carried out any more.
Norway: In coastal fisheries under proprietary rights there are stationary traps, bag-nets, “flake seines”, angle-nets, stake-nets. Owners of proprietary rights can also use common seines within 250 m of river mouths.
Where there are no proprietary rights, gill-nets, rodfishing, trolling, longlines are used. However, longlines are not allowed for catching salmonids inside the 12-mile fishery border, and drift-nets (for salmon) are forbidden inside the base lines.
Poland: Salmon and trout fishing in coastal and sea waters is performed by cooperatives of commercial fishermen, and by private licensed marine fishermen. There is no sport fishing for salmon.
Scotland: All commercial salmon and trout-fishing is carried on under proprietary right. The proprietor may fish by any legal means and, outside estuary limits, may use fixed gear.
Spain: Not answered.
Sweden: Salmon and sea-trout are fished for in coastal and sea fisheries by gill-nets, longline, stake-nets and pound-nets. Stake-nets and pound-nets (i.e. fixed nets) are operated under proprietary right in the Baltic and a licence is required for fixed nets in waters for public fishing.
Federal Republic of Germany: In the salmon and sea trout fishery of the Baltic, longlines (driftlines) and drift-nets are used. In coastal waters, gill-nets are employed in fishing for sea trout (salmon is not found in these waters). Outside coastal waters, sea trout are practically only fished in rivers during their spawning migration.
Belgium: Commercial fishing is no longer carried on in Belgium.
Canada: (a) All commercial fishing for Atlantic salmon, for example, takes place in tidal waters and is subject to federal licensing. (b) No.
Denmark: (a) Commercial fishing is not subject to state licensing. (b) Recently a fishery rate on salmon caught in the sea and landed in Denmark has been introduced. The rate is imposed to meet the costs of a smolt liberation programme. No other fisheries in Denmark are subject to such rates.
England and Wales: (a) A licence must be obtained from the appropriate River Authority. (b) No information given.
Finland: (a) No. (b) No.
France: (a) Yes. (b) No.
Hungary: (a) Everybody has to pay a moderate stamp duty for his licence. (b) To secure the financial basis of conservancy and development a “Fishery Development Fund” was created. The incomes of this fund are from the lettings of natural waters by entitled organs and from a moderate fishery development contribution paid by anglers.
Iceland: Gill-netting in rivers is rare. Where it is still practised it is only allowed where it has traditionally been done. The number of nets is fixed and game wardens know their locations and enforce regulations concerning them strictly. These fishermen must pay 2% of their net income to a Salmon Conservancy Fund and have to declare their catch for taxation as well as to the conservation agency.
Ireland: All commercial methods of fishing are required by law to be operated under licence, at rates of duty fixed by statute. The licences are issued by the District Board of Fishery Conservators. All fishery properties which have been valued for rating purposes are rateable to the District Board of Fishery Conservators, who are empowered to strike a rate annually of such an amount levied on the total valuations as will, with the estimated amount of other income, be sufficient to meet expenses for the fishery year in question. Both the licensing and the rating provisions apply equally to rod fishing for salmon and to commercial fisheries. A further levy for conservancy purposes is collected by the state on all exports of salmon, collection being made on exportation as a matter of administrative convenience. The present rates of levy are 10/12 p. per l b on exports up to 31 May each year and 5/12 p. per l b for the remainder of the year.
Netherlands: For commercial fishing gear, a so-called “large” fishing licence is required, the cost of which is FL 31, of which FL 20 goes to the Government and FL 11 to the Organization for Improvement of Inland Fisheries.
Norway: (a) There is no state licensing system. (b) Everybody who fishes for salmon, sea trout, sea char or inland fish whether with commercial gear or sport fishing has to pay an annual fee of N.Kr. 10. A special tax of 2% of the value is levied on all salmon and sea trout landed inside the fishing border (the 12-mile border). N.K. 25 per 100 kg is taken as an export duty on all salmon and sea trout exported. The income from these sources is used to meet conservancy expenses.
Poland: There is a conservancy fund which derives revenue from users of the fishery; commercial fishing pays some small percentage of the value of fish sold; sport fishermen contribute through a percentage of the licence fee.
Scotland: (a) There is no licensing system for any kind of fishing, sport or commercial, in the inland waters of Scotland. (b) In Scotland, district boards are financed by an assessment which they are permitted to levy on the salmon fishery proprietors in their districts.
Spain: The total number of licences that may be issued is limited.
Sweden: (a) No. (b) No.
Federal Republic of Germany: The state controls the fishery methods only insofar as regulations of mesh-size, minimum sizes, etc., are contained in the national laws and international contracts. Free fishing may be prohibited locally in order to protect mussel culture.
Yugoslavia: Commercial methods of fishing: (a) are not subject to state licence. (b) For the purpose of improvement of freshwater management (stocking, etc.) and for providing necessary funds for water protection, the organizations managing the waters (with the agreement of local authorities) prescribe adequate amounts which are paid to the sport fishing organizations (if the sport organizations are in charge of water management) or are paid to the commercial organizations in case they manage the waters.
Belgium: No tidal waters which can be fished.
Canada: It has been policy to impose the minimum of restrictions and regulations on ocean angling commensurate with conservation and development requirements. This explanation, however, has to be related to the needs and characteristics of specific fisheries. For example, conservation regulations relating to valuable anadromous species such as Pacific salmon in British Columbia follow a common pattern in both tidal and non-tidal waters. By contrast, there is no ocean angling for Atlantic salmon and thus there are no regulations pertaining to same.
Denmark: Angling in Danish territorial waters is free to all Scandinavian citizens, whereas other aliens must obtain special permission (which however is not paid for) through the local fishery control station. There are no special provisions relating to the fishery in tidal waters.
England and Wales: In tidal waters the general rule is that the right to fish is public.
Finland: Regulations are mostly the same for the angling in coastal waters as in freshwaters, except the closed season in rivers (from 15 September to 30 November).
France: Not answered.
Iceland: Angling in the sea is only restricted within 60 fath of the shoreline. Beyond that anybody can fish with a pole. Regulations concerning fishing within 60 fath of shoreline are subject to same regulations as freshwater fishing, as much as possible.
Ireland: Angling in tidal waters is subject to regulations on the same basis, as to closed seasons, etc., as the freshwater.
Netherlands: There are closed seasons for fish and minimum net sizes in freshwaters but not in tidal waters. There are minimum fish sizes in both fresh and ocean waters. For freshwater angling, FL 3 contribution for the improvement of inland fisheries enables persons 15 years of age and over to use one ordinary rod. A “small” FL 9.75 fishing licence enables use of one special rod and two ordinary rods, as covering the contribution for the improvement of inland fisheries. For fishing with professional gear a “large” fishing licence (as noted in reply to Question 14). For professional fishing in tidal waters a licence of FL 2 is required, but no licence is required for sport fishing.
Norway: Angling in the sea is free. The closed season in the sea is from 5 August to 30 April; in freshwater, where there are salmon, from 1 September to 30 April; and in freshwater where there are sea trout or sea char, but no salmon, from 15 September to 30 April.
Scotland: All salmon and sea trout fisheries along the coast are privately owned.
Spain: Not answered.
Sweden: In tidal waters the general rule is that the right to fish is public.
Federal Republic of Germany: In tidal waters angling is not limited, but a licence has to be purchased. Anglers have only to observe the regulations relative to protection.
Belgium: No tidal waters that can be fished.
Canada: In a very narrow sense, for instance, there are oyster leases in shoreline waters, but no exclusive fishing rights exist in offshore waters nor does any lease imply ownership of the seabed. It is a right to grow and harvest oysters in a particular area.
Denmark: The commercial fishery within the limits of the Danish fishing zone is restricted to Danish citizens. The Danish fishery limit is 12 nautical miles along the coasts of the North Sea, the Skagerrak and Kattegat, and 3 nautical miles along the remaining coasts.
England and Wales: In general, all sea fishing is public but in some tidal waters there are private fisheries but these have originated from grants made by the Crown before 1189.
Finland: In big lakes, and in the coastal waters against the open sea, the riparian rights of the village reach 500 m out from 2 m depth.
France: Coastal and sea fishing are under the jurisdiction of the General Secretariat of the Mercantile Marine.
Iceland: Reference should be made to the replies to questions Nos. 8 and 13, In summary, the fishing rights in Iceland follow the adjacent land in any purchase, and the two can under no circumstances be separated. These fishing rights are, however, leased on a yearly basis to angling clubs that henceforth can forbid even the riparian owners to fish in the river except when provisions are made.
On the whole angling is getting more common, and netting for salmon is decreasing, since the farmers now realize that more financial gain can be obtained by leasing the river to anglers. The number of poles on a river is strictly controlled and the appropriate number estimated by the Institute of Freshwater Fisheries.
Ireland: See reply to question No. 8.
Netherlands: In offshore waters there are international regulations according to the North Atlantic Fishery Treaty (1959); within 3 miles no fishing is allowed by foreign fishing vessels. International agreements, however, may from exceptions to this general rule.
Norway: There is no ownership of fishing rights in offshore waters.
Poland: All coastal waters belong to the state.
Scotland: All salmon and sea trout fisheries in Scotland are the subject of proprietorship, and extend into the sea for a distance of 3 miles.
Spain: Not answered.
Sweden: In the sea as a general rule the waters within 300 m from land are privately owned but on the west coast and most of the east coast they are public rights of fishing in privately owned waters.
Federal Republic of Germany: In offshore waters no fishing rights exist; only the international agreements have to be observed.
Belgium: None.
Canada: None.
Denmark: According to an Act of 23 June 1956, all private fishing rights on territorial waters were commuted. The rights mainly applied to fishery for eels with pound and fyke-nets. At the commutation the owners got compensation, and if they managed the fishery themselves, they got a right to continue the fishery for life. In case the fishing right at the time of commutation was rented to a fisherman, he could rent the fishery from the state for life. When a leaseholder does not want to continue the lease, the right is rented out by the Ministry of Fisheries for a period of 20 years from the date of commutation.
England and Wales: Not answered.
Finland: None.
France: None.
Hungary: Not answered.
Iceland: None.
Ireland: None.
Netherlands: None.
Norway: None.
Poland: None.
Scotland: Not answered.
Spain: None.
Sweden: None.
Federal Republic of Germany: With regard to inland waters the existing Fishery Law is based on the principle of ownership. In coastal waters fishing is principally free.
Yugoslavia: None.
PAPERS ISSUED IN THIS SERIES
DOCUMENTS PUBLIES DANS LA PRESENTE SERIE
| EIFAC/OP 1 | Summary of the organized discussion on the economic evaluation of sport fishing (1968) [Résumé du débat organisé sur l'évaluation économique de la pêche sportive] |
| EIFAC/OP 2 | Bibliography on nutritional requirements of salmonoid fishes/Bibliographie sur les besoins nutritifs des salmonidés (1968) |
| EIFAC/OP 3 | Application of electricity to freshwater fishery management and development in Ireland (1969) [Application de l'électricité à l'aménagement et à l'exploitation de la pêche d'eau douce en Irlande] |
| EIFAC/OP 4 | Les pêcheries de la Roumanie et la pêche roumaine (1970) [The fisheries of Romania and Romanian fishing] |
| EIFAC/OP 5 | Potential uses of waste waters and heated effluents (1971) [Utilisations potentielles des eaux résiduaires et rejets chauffés] |
| EIFAC/Op 6 | Investigation of a method for comparing the efficiency of portable fishing machines/Etude d'une méthode permettant de comparer l'efficacité d'appareils de pêche électrique portables (1973) |
| EIFAC/Op 7 | Economic issues and opportunities facing Europe in the field of sport fisheries/Problèmes et possibilités économiques de la pêche sportive en Europe (1973) |
| EIFAC/OP 8 | Pond fish culture in Czechoslovakia (1973) [Pisciculture en étang en Tchécoslovaquie] |
| EIFAC/OP 9 | A review of feeding equipment in fish culture (1973) [Une revue de l'appareillage en usage pour la distribution d'aliments en pisciculture] |
| EIFAC/OP 10 | Bibliography on nutritional requirements of warm water fishes/ Bibliographie sur les besoins nutritifs des poissons vivant en eaux chaudes (1975) |
| EIFAC/OP 11 | Survey of ownership and utilization of inland fisheries in various European countries and Canada (1976) [Enquête sur la nature de la propriété et l'utilisation des pêches continentales dans plusieurs pays européens et au Canada - en anglais seulement] |
