Fishing professional pursuant to the Lake Constance Fisheries Act - recognition of professional qualifications from other EU/EEA Member States

General information

In accordance with Section 6(1) of the Lake Constance Fisheries Act [Bodenseefischereigesetz], professional fishing may, unless otherwise provided for in Sections 9 and 9a, be carried out only on  the basis of a ‘nearshore’ licence (Haldenpatent) or ‘offshore’ licence (Hochseepatent) issued by the relevant authority.
In accordance with Section 6(2), a nearshore licence entitles the holder to engage in professional fishing on that part of the Austrian nearshore waters (Halde) for which possession of the right to fish or of the authorisation under private law of the person entitled to fish has been proven (Section 8(1)(f)). In accordance with Section 6(3), an offshore licence entitles the holder to engage in commercial fishing offshore. It may only be issued simultaneously with a nearshore licence.

Required documents

Appropriate supporting documents must be attached to the application (photograph, proof of identity, training certificate):

 evidence of the content and scope of the training completed (curricula and similar),
 evidence of professional practice.

Deadlines

The receipt of an application must be acknowledged within 1 month and the applicant must be informed if any documents are missing from the application. A decision on the issuing of a licence must be issued within 4 months of the submission of the complete dossier.

Costs and fees

The following costs must be paid at the end of the procedure:

a fee of EUR 47.30 for the application, in accordance with the Fees Act [Gebührengesetz];
a fee of EUR 83.60 for a copy of the decision, in accordance with the Fees Act;
a provincial administrative levy of EUR 73.90 for a copy of the decision, in accordance with the Administrative Fees Regulation [Verwaltungsabgabenverordnung].

The other costs depend on the number of attachments submitted (EUR 3.90 per sheet (= four DIN A4 pages), up to a maximum of EUR 21.80 per attachment).

Legal bases

Bodenseefischereigesetz, LGBl.Nr. 1/2002, idgF.

Procedure

Section 8 of the Lake Constance Fisheries Act states:

(5) In the event of an application for the issuance of a licence for the first time (Section 7), the authority shall obtain a criminal record extract in order to prove that none of the circumstances referred to in paragraph 1(h) are present, and shall obtain a certificate from the competent authority to prove that none of the circumstances referred 
to in paragraph 1(i) are present. Upon all further applications for the issuance of a licence, the authority shall seek such evidence only if it has justified concerns with regard to the circumstances referred to in paragraph 1(h) or (i).

(6) For European Union citizens, all evidence within the meaning of paragraph 5 shall be recognised if it has been issued by a competent authority in the applicant’s Member State of origin. Where no such evidence is issued, proof of good repute may be provided by means of a sworn statement; where such a declaration is not provided for in the 
Member State concerned, proof may be provided by means of a solemn declaration made before a competent authority of that Member State. The evidence must not be more than 3 months old at the time of submission.

Requirements

The requirements for the issuance and revocation of the licences are regulated in Section 8 of the Lake Constance Fisheries Act:
(1) The authority may issue a licence only to natural persons who:


a) have reached the age of majority and have the capacity to make informed decisions;
b) have passed the specialist examination in the fisheries training curriculum in accordance with the Agricultural and Forestry Vocational Training Act or a qualification recognised as equivalent in accordance with that Act; hold a European professional certificate proving this professional qualification (Section 22(1)(a) of the Provincial Service and Professional Qualifications Act [Landes-Dienstleistungs- und Berufsqualifikationsgesetz]); or prove professional experience in accordance with paragraph 3;
c) provide evidence that, in the 10 years prior to the application, they were lawfully employed as a fishing professional in a Member State of the European Union for at least 1 year or have worked as fishing aid or as a member of auxiliary staff in professional fisheries;
d) provide evidence that they have sufficient fishing equipment in the event of the issuance of the licence and that, in the event of the issuance of the offshore licence, no other offshore licence has been issued to their fishing operation;
e) do not already have a similar licence covering the period applied for and, if they possess a senior licence, do not simultaneously hold an offshore licence;
f) provide proof of the right to fish or authorisation under private law of the person entitled to fish to do so commercially in the area covered by the heap certificate applied for;
g) if they hold a senior licence until immediately prior to the start of the validity period applied for, held an offshore licence or a senior licence and can prove that they are in receipt of an old-age pension by virtue of having previously carried out a commercial fishing activity;
h) have not been convicted of a serious criminal offence in the 5 years preceding the application and have not, in the 2 years preceding the application, been convicted of a criminal offence relating to theft of fish or fishing equipment, property damage to fishing equipment, or encroachment of another party’s fishing rights;
i) have not, in the 2 years preceding the application, been sanctioned for gross or multiple violations of the provisions of fishery legislation and have not otherwise seriously infringed the interests of the fisheries.
(2) Evidence of training or examinations corresponding to a common training framework or a common training test established by the European Commission pursuant to Article 49a(4) or Article 49b(4) of Directive 2005/36/EC on the recognition of professional qualifications and introduced by the Provincial Government shall be equivalent to 
evidence of formal qualifications under paragraph 1(b). The Provincial Government shall introduce a common training framework or a common training test by way of a regulation if the conditions laid down in Articles 49a or 49b of Directive 2005/36/EC are met.
(3) Professional experience within the meaning of paragraph 1(b) shall mean professional experience legally acquired as a fishing professional and any previous training as a fishing professional acquired by nationals of a Member State of the European Union in one of those States to at least the following extent:

a) 3 years of professional experience as a self-employed person or a manager of an operation, and 3 years of training;
b) 4 years of professional experience as a self-employed person or a manager of  an operation, and 2 years of training;
c) 5 years of professional experience and 3 years of training;
d) 5 years of professional experience as a self-employed person or a manager of an operation;
e) 6 years of professional experience and 2 years of training; or
f) 8 years of professional experience, including 3 years as a self-employed person or a manager of an operation.

(4) The activities referred to in paragraph 3(d) and (f) must not have ceased than 10 years prior to the date of submission of the application and the complete documentation.

Responsible department

Authentication and signature

The application must be authenticated or signed.

Means of redress or appeal

A decision may be appealed against. The appeal must be submitted in writing within 4 weeks to the authority that issued the decision. The time limit begins on the date of delivery of the written decision or, in the case of an oral notification, on the date of the 
latter.

The appeal must also indicate the decision against which it is directed and include the relevant authority, the basis for asserting unlawfulness, the form of order sought, and the information required in order to assess whether the appeal has been filed in time. An appeal is no longer admissible if, after the issuance or announcement of the decision, the party expressly waives the appeal.

Moreover, all decisions must contain instructions on the right of appeal, including information on the authority with which the appeal must be filed and the corresponding deadline.

Assistance and problem-solving services

EAP - Einheitlicher Ansprechpartner Vorarlberg
EAP Vorarlberg

Assistenzzentrum nach der EU-Berufsanerkennungsrichtlinie 2005/36/EG
Mag. Irene Linke
Bundesministerium für Digitalisierung und Wirtschaftsstandort
Stubenring 1
1010 Wien
T +43 1 71100 805446
F +43 1 71100 935446
irene.linke@bmdw.gv.at
post.i7@bmdw.gv.at
http://www.bmdw.gv.at/

Responsible for the content

Abteilung Va – Landwirtschaft und ländlicher Raum beim Amt der Vorarlberger
Postadresse: Landhaus, Römerstraße 15, 6901 Bregenz        

Last update

8.2.2021

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