Fishing law

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Fisheries law refers to the totality of legal norms that affect fishing . In addition, one also understands the concrete subjective right (in the sense of an authorization) to fish a certain body of water or a certain stretch of water (also: fish law ).

Totality of legal norms

These standards are divided into two areas:

  • The Seefischereirecht is formed by international laws and agreements and fisheries laws of individual states. In Germany, the sea ​​fishing law applies
  • The inland fishing rights shall be determined by laws and regulations of states or countries.
    • In Germany and Austria the individual state fisheries laws apply . Examples here are Hessen and Upper Austria
    • In Switzerland , the federal legislation regulates the protection of species (Federal Law on Fisheries of June 21, 1991), whereas the cantonal legislation regulates fishing law in the true sense, i.e. the use of stocks (fishing leases, fishing permits and free-range fishing), the permitted fishing gear, the catch of bait fish and fish food animals, the stocking of water bodies, the right to inspect banks, etc.

The subjective right to fish

Fish for the purposes of fishing rights (such as in the Middle Ages and later "Vischordnungen") and lampreys , crabs and clams , in some provinces and nutrient animals. In the past, this right was often granted to the nobility or clergy as a privilege . Today, according to the German state fisheries laws, the fishing right mostly belongs to the owner of the water property (owner fishing right), but at the same time there are many exceptions, since the fishing right can be sold independently of the property (independent fishing right). There are also many exceptions due to historical developments, e.g. B. through centuries-old professional fishing. In the case of professional fishermen in particular, there are often so-called coupled fishing rights as a special feature, i.e. several people are authorized to fish on the same stretch of water. The holder of a fishing right can lease his right or allow other persons to fish by issuing water permits. Often local fishing clubs try to lease or buy as many fishing rights as possible in their area in order to offer their members fishing opportunities.

See also

literature

  • Urs Amacher, Wolfgang Geiger: Fishing. In: Historical Lexicon of Switzerland .
  • Albert Lorz, Ernst Metzger, Heinz Stöckel: Hunting law, fishing law. Federal Hunting Act with ordinances and state law, inland fishing law, fishing license law, sea fishing law. Comment. 4th edition, C. H. Beck, Munich 2011, ISBN 978-3-406-59609-4 .

Web links

Switzerland

Austria

Individual evidence

  1. ↑ fisch-hitparade.de accessed February 20, 2016.
  2. ↑ angeltreff.org
  3. ↑ landnet.at
  4. ↑ Fisheries Act for the State of Hesse (Hessisches Fischereigesetz - HFischG) in the version of December 3, 2010. Accessed on July 7, 2019 .
  5. ↑ ris.bka.gv.at accessed September 18, 2016.
  6. ↑ Federal Act on Fisheries of June 21, 1991, Art. 1 (Federal competence) and Art. 3 (Competence of the cantons).
  7. ^ Heinrich Grimm: New contributions to the "fish literature" of the XV. to XVII. Century and through their printer and bookkeeper. In: Börsenblatt for the German book trade - Frankfurt edition. No. 89, November 5, 1968 (= Archive for the History of the Book Industry. Volume 62), pp. 2871–2887, passim.
  8. ↑ See also Hermann Heimpel : Die Federschnur. Water law and fish law in the "Reformation of Kaiser Siegmund". In: German archive for the history of the Middle Ages. Volume 19, pp. 451-488 ( digitized version ).