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Hungarian and International Aspects of Illegal Fishing
Hungarian and International Aspects of Illegal Fishing

Author(s): Viktor Bérces
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: illegal methods of catching fish; principles European law; territorial closure; fishery management; new Hungarian Criminal Code;

Summary/Abstract: By virtue of the geographical and ethnographical characteristics of Hungary, precise codification of the regulations regarding fish farming is highly desirable which encompasses rules at the fields of both administrative and criminal law. Hungary, based on its small relative geographical area in Europe, is uniquely abundant in freshwater lakes, as well as in rivers, tributaries, and smaller streams, in relation to which it is necessary to set apart the regulatory frameworks regarding sport angling, recreational (hobby) angling, and fishing. For the aforementioned activities, only administrative regulations are required primarily, any violation of the laws in the course of practicing them, however, is a subject of the laws of infractions and criminal law. The Act CII of 2013 on Fish Farming and the Conservation of Fish (henceforth referred to as: Act) as well as the Decree 133 of 2013 of the Minister of Agriculture on the Specification of Regulations on Fish Farming and Conservation of Fish (henceforth referred to as: Decree) contain the statutory background of administrative regulations for this subject. The Act draws a basic distinction between the concepts of fish farming and fish catching where the former one is defined as activities related to the conservation, regeneration, and exploitation of fish stocks in natural water bodies, as well as the generic concept of aquaculture and other fish farming activities whereas the latter one is defined as catching, and not releasing back into the water, fish or other useful aquatic animal in the course of fishing or angling. In my essay, exclusively those possible legal responses will be considered which may be given to violations of the laws related to catching.

  • Issue Year: 2023
  • Issue No: 02
  • Page Range: 91-102
  • Page Count: 12
  • Language: Romanian
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