Legal base

Commercial fishing

Art. 17. (amend. SG 94/05; amend. – SG 65/06, in force from 11.08.2006; amend. – SG 36/08) (1) (amend. – SG 59/12, amend. – SG 102/15) Commercial fishing in the waters of the Black Sea and the Danube river shall be carried out after a commercial fishing permit has been issued and right for appropriation of resources of fish and aquatic organisms has been acquired by:

  1. legal persons, legal entities and sole traders – for vessels of up to 10 meters long;
  2. legal entities and sole traders – for vessels of 10 meters and longer.

(2) (revoked – SG 59/12)

(3) (amend. – SG 59/12) Right for appropriation of resources of fish and aquatic organisms shall be conceded against payment.

(4) (amend. and suppl. – SG 59/12; amend. – SG 102/12) The acquired right for appropriation of resources of fish and aquatic organisms shall be certified for the respective calendar year by a certificate issued by EAFA.

(5) Ships from third countries may carry out commercial fishing according to the applicable legal acts of the European Community under the terms and according to the procedure laid down in the Act on Maritime Spaces, Inland Waterways and Ports of the Republic of Bulgaria.

(6) (amend. – SG 59/12) Commercial fishing permit in the waters of Black sea, the Danube river and the waters of the European Union shall be granted to a ship which has been entered in the register of the fishing ships .

(7) (amend. – SG 59/12) The entry into the register of the fishing ships, the issue of a commercial fishing permit, a special permit and a certificate of granted right to use a resource of fishes and other water organisms shall be carried out in compliance with the requirements of the law of the European Union.

(8) (amend. – SG 59/12) The terms and the procedure for management of the fishing fleet of the Republic of Bulgaria shall be determined in an ordinance of the Minister of Agriculture and Foods.

(9) (revoked – SG 59/12)

(10) (amend. – SG 59/12) Commercial fishing permit, in case there is a special gear in the Waters of the Black sea shall be issued to a legal person or a sole entrepreneur, determined in a competition under the conditions and order of this Act.

(11) (new – SG 59/12) The Minister of Agriculture and Foods shall determine in an order the quoted types of fish, for which shall be issued a special permit for quoted fishing.

(12) (new – SG 59/12) A special permit for quoted fishing in the waters of the Black Sea shall be issued for the calendar year to a ship, which:

  1. entered into the list of the approved fishing ships for quoted fishes, approved in an order of the Executive Director of EAFA;
  2. holds a valid permit for farm fishing.

(13) (new – SG 59/12) For the issue of the special permit under Para 11 shall be paid a fee according to the tariff under Art. 17a, Para 4.

(14) (new – SG 59/12) Inspections of the power, gross tonnage of the fishing ships, the type, number and characteristics of the fishing facilities shall be carried out in accordance with a 5-year plan approved by the Minister of Agriculture and Foods and the Minister of Transport, Information Technologies and Public Works.

Art. 17a. (new – SG 94/05) (1) (revoked – SG 59/12)

(2) (revoked – SG 59/12)

(3) Permit for economic fishing shall be issued to foreign fishing ship with permission by the Council of Ministers for use of unused resource of defined quota.

(4) (amend. – SG 59/12) For issuing of economic fishing permit, of a special permit for quted fishing and a certificate of granted right to implement the right to use of a fishing resource and other water organisms in the waters of the Black Sea and the Danube River shall be paid fees according to tariff of the Council of Ministers. The extent of the fee cannot exceed the administrative expenses for its issuing.

(5) (new – SG 59/12) The fee amount for a permit for economic fishing and a special permit for fishing certain types of fishes shall not exceed the administrative expenses for its issue.

Art. 17b. (new – SG 94/05) (1) (amend. – SG 36/08) Commercial fishing permit and certificate of acquired right for appropriation of resources of fish and aquatic organisms shall be issued by the executive director of EAFA or by an official authorized by him.

(2) (amend. – SG 36/08; amend. – SG 80/09) The Minister of Agriculture and Foods shall approve with an order models of the commercial fishing permits.

Art. 18. (amend. SG 94/05) (1) For the purpose of issuing commercial fishing permit with a ship in the Black sea and Danube river the candidate shall submit to EAFA or at the respective territorial units application according to model to which shall be attached:

  1. copy of the permit for sailing (temporary permit for sailing) issued by Executive agency “Sea administration” or copy of the act for nationality (temporary act for nationality);
  2. letter of proxy certified by a notary by the ship owner to the captain or other authorized person then they carry out fishing in the name or for the account of the ship owner or the user;
  3. (amend. – SG 36/08; revoked – SG 59/12)
  4. document for ownership of the ship or document certifying the ground on which it is used;
  5. document for paid fee for issuing commercial fishing permit;
  6. (new – SG 59/12) a declaration that the fishing ship, for which the permit is requested, was registered under the Foodstuffs Act.

(2) (amend. – SG 36/08; revoked – SG 59/12)

(3) (revoked – SG 59/12)

(4) (revoked – SG 59/12)

(5) (revoked – SG 59/12)

(6) For marking of fishing devices and means shall be paid fee in extent defined in the tariff of art. 17a, para 4.

Art. 18a. (new – SG 94/05) (1) (suppl. – SG 36/08) The commercial fishing permit shall be issued in 14 days term after submitting the application as per art. 18, unless in those cases of issuing commercial fishing permit where there is a special gear referred to in Art. 21, para 1.

(2) (amend. – SG 59/12) In the commercial fishing permit with ship shall be pointed out:

  1. the body issued the permit;
  2. data for identification of the fishing ship:
  3. a) the number in the register of the fishing fleet of the European Union;
  4. b) name of the fishing ship;
  5. c) state of the flag;
  6. d) external marking;
  7. e) calling signal (SRS);
  8. name/appellation and address/headquarters of the owner of the fishing ship;
  9. technical data of the fishing ship:
  10. a) power of the engine;
  11. b) tonnage;
  12. c) total length;
  13. d) width;
  14. e) height of the board;
  15. fishing devices – primary and supplementary;
  16. date of issue;
  17. port of registration;

(3) (amend. – SG 36/08; amend. – SG 59/12) The permit for commercial fishing with ship shall state explicitly the entitlement of the holder to carry on commercial fishing in the waters of the European Union with translation in English.

(4) At established incompleteness or imprecision the body of art. 17b, para 1 shall in 7 days term after receiving the application send notification for removing them.

(5) The applicant shall remove the irregularities in 14 days term after receiving the notification.

(6) (amend. – SG 59/12) The executive director or an official authorized by him shall refuse with motivated order the issuing of commercial fishing permit:

  1. to a ship which is not entered in the register books of the ships kept by the Executive agency “Sea administration”;
  2. to a person who has not fulfilled in time the instructions for removing incompleteness and/or imprecision in the presented documents;
  3. where the fishing ship lacks registration under the Foodstuffs Act;
  4. in case of incompliance with Art. 17, Para 7.

(7) (amend. – SG 30/06, in force from 12.07.2006) The refusal for issuing of commercial fishing permit shall be subject to appeal by the order of the Administrative procedure code.

(8) The fees paid for issuing of commercial fishing permit shall be restored in one month term after the refusal enters into force.

Art. 18b. (new – SG 94/05) (1) (suppl. – SG 36/08, amend. – SG 102/15) The commercial fishing permit shall be of unlimited duration, unless in the cases referred to in Art. 21, para 7.

(2) The owner of the commercial fishing permit shall be obliged to notify the body issued the permit about each change in the circumstances of art. 18 in 7 days term after their occurrence.

Art. 18c. (new – SG 94/05, in force from 01.01.2006; amend. – SG 59/12) (1) The executive director of EAFA or a person authorized by him shall terminate the effect of the commercial fishing permit for fishing of a quoted type of fish by an order:

  1. on request by the holder of the permit;
  2. in case of change or decease of the owner of the fishing ship;
  3. at termination of a legal entity or in case of deletion of a sole trader;
  4. in case the ground for issue of a permit drops out;
  5. in the cases referred to in Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ, L 343/1 of 22 December 2009), hereinafter referred to as “Regulation (EC) No 1224/2009″, Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ, L 112/1 of 30 April 2011), Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, hereinafter referred to as Regulation (EC) No 1005/2008″;
  6. in case of incompliance with Art. 17, para 7;

(2) The executive director of EAFA shall terminate in an order the effects of the permit for carrying on commercial fishing in a fishing ship in case in two subsequent years:

  1. the holder of the permit was not granted a certificate under Art. 18f;
  2. the holder of the permit fails to comply with the provision of Art. 20;
  3. zero draught has been declared.

(3) The fishing ships under Para 2 are subject to ex officio removal from the register of the fishing ships. The remaining capacity shall remain for the benefit of the state.

(4) Para 2 and 3 shall not apply in case of lack of fishing activity due to repair of the fishing ship.

(5) In case of termination of the permit for commercial fishing through the order under Para 1 shall be terminated also the related certificate of granted right to use a resource for fishing and other water organisms and the special permit for fishing of quoted type of fishes.

Art. 18d. (new – SG 94/05) (1) When commercial fishing is being carried out a person meeting the requirements of Art. 14 shall obligatory participate.

(2) (revoked – SG 59/12)

(3) (amend. and suppl. – SG 59/12) At carrying out commercial fishing with ship the permit and the certificate shall be kept on board of the sailing vessel by its captain.

(4) (amend. – SG 59/12) Commercial fishing shall be carried out only with marked and entered in the certificate fishing devices and means.

Art. 18e. (new – SG 59/12) (1) In case of committed serious infringement in the sense of Art. 42, Para 1, Letter “a” of Regulation (EC) No 1005/2008 a point system for the infringements shall apply, pursuant to which the holder of the permit for commercial fishing shall be assigned a certain number of points for the fishing ship as set out in Art. 92 of Regulation (EC) No 1224/2009.

(2) The points assigned under Para 1 shall be transferred to any future holder of the fishing permit of the ship concerned as set out in Art. 92, Para 2 of Regulation (EC) No 1224/2009.

(3) The method of applying the point system shall be determined in an ordinance of the Minister of Agriculture and Foods.

Art. 18f. (new – SG 36/08; prev. text of Art. 18e – SG 59/12) (1) (amend. – SG 59/12) Certificate of granted right for appropriation of resources of fish and aquatic organisms shall be issued to a person, who has valid commercial fishing permit for the relevant site and has paid the fixed fee according to the tariff as per Art. 17, para 4, unless in the cases of acquiring right to carry out commercial fishing by special gear as per Art. 21, para 1.

(2) In order a certificate under para 1 to be issued, the candidate shall submit at EAFA or the respective territorial unit an application in a form, indicated in which shall be the number of the commercial fishing permit, and shall enclose a document for paid fee thereto.

(3) (new – SG 59/12) The applications referred to in Para 2 shall indicate the type an number of fishing appliances. The indicated and authorised fishing appliances shall be marked within the time limit referred to in Para 5.

(4) (new – SG 59/12) A fee shall be due for marking fishing appliances and means in amount determined in the tariff referred to in Art. 17, Para 4.

(5) (prev. text of Para 03, amend. – SG 59/12) The executive director of EAFA or an official authorised by him shall issue a certificate under Para 1 or refuse its issue in a reasoned order:

  1. within 30 days from submission of the application referred to in Para 2 – for ships exceeding 15 m of length;
  2. within 14 days from submission of the application referred to in Para 2 – in the rest of the cases.

(6) (prev. text of Para 04, suppl. – SG 59/12) The executive director of EAFA or an official authorised by him shall refuse to grant a certificate under para 1 if a candidate has no valid commercial fishing permission for the respective site or has not paid the fixed fee, or in case of failure to comply with Art. 17, Para 7.

(7) (prev. text of Para 05, amend. – SG 59/12) Refusals of issuing certificate of right for appropriation of resources of fish and aquatic organisms shall be subject to appeal pursuant to the Administrative Procedure code.

(8) (new – SG 59/12) A certificate for granted right to use a resource of fish and other aquatic organisms shall be issued to a legal person, where the captain of the fishing ship or an authorised person carrying on fishing in the name and at the expense of the legal person meets the requirements of Art. 14.

(9) (new – SG 59/12) Any persons holding a permit for commercial shipping in the waters of the Back Sea shall submit to EAFA by the end of March general information and economic statistics for the fishing ship, data of the number of hired persons and of the fhishing activity.

Art. 19. (1) (amend. SG 94/05) At carrying out commercial fishing diary shall be kept in which shall be entered data for the catch by kinds and quantities.

(2) (amend. – SG 36/08; amend. – SG 80/09) The fishing diary shall be issued by EAFA. The model of the fishing diary for each fishing activity and the order for its keeping shall be determined with an ordinance by the Minister of Agriculture and Foods.

(3) In the fishing diary shall be entered the data about the catch with species and qualities as follows:

  1. for turbot – in numbers and dimension groups in kilograms;
  2. (amend. SG 94/05) for sturgeon fishes – by species, sex, weight and dimensions for each one separately;
  3. for the other fishes and other water organisms – in species and quantities in kilograms, including also the admissible additional catch.

(4) (amend. SG 94/05) The executive director of EAFA shall upon proposal by NTSFA determine other species of fish and aquatic organisms which are accounted in the fishing diary by dimension groups, by dimensions of the separate individuals or other indices.

(5) (amend. SG 94/05) The captains of fishing ships with length over 10 meters shall reflect in the diary also the time, the co-ordinates of the regions and the places of carrying out of the fishing.

(6) (amend. SG 94/05) At delivery of catch or parts of it from one ship to another in open sea the captains of the fishing ships with length over 10 m shall reflect in the fishing diary apart from the data of para 3 separately for the caught and delivered fish and/or other water organisms and of para 5 also data about the place, where the catch is delivered, the ship accepting the catch and the port, for which it is designated.

(7) The fishing diary shall be presented to the control bodies on request.

(8) (new – SG 59/12) No fishing diary shall be kept for planned sailing for activities other than commercial shiping.

(9) (new – SG 59/12) In the cases of Para 8 the captain of the fishing ship shall notify in writing the respective territorial unit of EAFA no later than 12 hours before sailing.

(10) (new – SG 102/15) Captains of fishing ships up to 10 meters long shall be exempt from the obligation to keep a logbook on the basis of an effective statistical sampling plan in accordance with European Union law.

(11) (new – SG 102/15) Captains of fishing ships up to 10 meters long shall record in a declaration, integral part of the plan under par. 10, the data of the catch/unloading for the previous month by types and quantities. The declaration shall be given to EAFA till the 5th of the month, following the month to which it relates.

Art. 20. (amend. SG 94/05; amend. – SG 59/12) (1) The persons, having acquired the right to use a resource of fish and other water organisms shall be obliged to fill the ship’s diary for every sailing except in the cases of Art.19, Para 8. The filled declaration for origin shall be submitted to the officials in EAFA within 48 hours from the arrival at the coast.

(2) The order for filling and the form of the fishing diary referred to in Para 1 shall be determined in the ordinance referred to in Art. 19, Para 2.

Administrative penalty provisions

Art. 56. (1) (amend. SG 94/05; amend. – SG 36/08; amend. – SG 59/12; suppl. – SG 102/12) Who carries out commercial fishing without permission or in a water site other than the Black Sea and the Danube river, in violation of art. 17, shall be punished with fine from 1500 to 3000 levs.

(2) (amend. SG 94/05; amend. – SG 59/12) When the violation of para 1 is implemented by a legal entity or sole entrepreneur, proprietary sanction shall be imposed in extent from 2000 to 400 levs.

Art. 57. (1) (amend. SG 94/05; amend. – SG 59/12, amend. – SG 102/15) A person who does not preserve his commercial fishing permit or a certificate of the right to use a resource of fish or other water organisms in violation of art. 18d, para 3, shall be imposed a fine of between 200 and 500 BGN, respectively, property sanction from 400 to 1000 BGN levs.

(2) (amend. SG 94/05; revoked – SG 59/12) Art. 57a. (new – SG 59/12) (1) Any sole entrepreneur or legal person who fails to notify the territorial unit of EAFA of the circumstances under Art. 46a, Para 5 or Art. 46e, Para 4, shall be imposed a property sanction in amount from BGN 400 to 1200, unless subject to a more severe penalty.

(2) Where the violation under Para 1 is repeated within one year from entry into force of the  penal decree imposing a penalty of the same type to the person, the registration of the person shall be terminated.

Art. 58. (revoked – SG 59/12)

Art. 58a. (new – SG 94/05) (1) (amend. – SG 59/12) Who implements fishing in violation of art. 18d, para 1 or 4 shall be punished with fine from 500 to 1000 levs.

(2) (amend. – SG 59/12) When the violation of para 1 is carried out by a legal person or sole entrepreneur, proprietary sanction shall be imposed in extent from 600 to 1200 levs.

Art. 58b. (new – SG 59/12, amend. – SG 102/15) A person who fails to present to EAFA general information and economic statistics of the fishing ship, as well as information of the employed persons and of the fishing activities in breach of Art. 18f, Para 9 shall be imposed a fine of between 200 and 500 BGN, respectively, property sanction from BGN 500 to 750.

Art. 59. (amend. SG 94/05; amend. – SG 59/12, amend. – SG 102/15) A person who does not keep fishing diary, respectively diary of the sales in violation of art. 19, para 1, 3, 4 and 5 and art. 27, item 3, shall be imposed a fine between 200 and 500 BGN, respectively, property sanction from 800 to 1600 levs.

Art. 60. (amend. SG 94/05; amend. – SG 59/12) Any sole entrepreneur or legal person who delivers catch from one ship to another without entering it in the fishing diary, in violation of art. 19, para 6, shall be imposed a property sanction from 1000 to 2000 levs.

Art. 61. (amend. SG 94/05) (1) (amend. – SG 59/12, amend. – SG 102/15) A person who does not present for check the fishing diary, the diary for the sales and the diary for first sale in violation of art. 19, para 7, art. 27, item 5 or art. 46g, para 1 shall be imposed a fine between 200 and 500 BGN, respectively, property sanction from 600 to 1200 levs.

(2) (amend. – SG 59/12) The penalty under Para 1 shall be imposed also to any sole entrepreneur or legal person who fails to submit a declaration for origin in violation of Art. 20, Para 1 and Art. 27, Item 4.

Art. 61a. (new – SG 102/15) A person who violates the provisions of Art. 19, par. 11 shall be imposed a fine of 200 to 500 BGN, respectively proprietary sanction from 400 to 1000 BGN.

Art. 62. (1) (amend. SG 94/05; amend. – SG 59/12) Who catches fish and other water organisms in the zone of activity of the specialised devices for fishing, in violation of art. 21, para 5, shall be punished with fine:

  1. (amend. – SG 59/12) at carrying out amateur fishing – with fine from 100 to 400 levs;
  2. (amend. – SG 59/12) at carrying out commercial fishing – with fine from 600 to 1200 levs.

(2) (amend. SG 94/05; amend. – SG 59/12) When the violation of para 1 is committed by a legal entity or sole entrepreneur, proprietary sanction shall be imposed in extent from 800 to 2000 levs.

Art. 63. (1) (amend. – SG 59/12) Who changes the parameters and the zone of activity of the specialised devices for fishing in violation of art. 21, para 5, shall be punished with fine from 600 to 1200 levs.

(2) (amend. – SG 59/12) When the violation of para 1 is committed by a legal entity or sole entrepreneur, proprietary sanction shall be imposed in extent from 800 to 2000 levs.