Legislator Case Law & Legislation
112.2 CH-NW

Judicial settlement between the Canton of Lucerne and the Canton of Nidwalden concerning sovereignty and fishing boundaries in Lake Lucerne

13 Articles / Provisions · Switzerland · Canton of Nidwalden
Open official source Machine-readable Markdown (.md)

Table of Provisions (13)

§ 1 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden Regarding Sovereignty and Fishing Boundaries in Lake Lucerne § A1-1 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden regarding Sovereignty and Fishing Boundaries in Lake Lucerne § 2 Judicial Settlement Between the Canton of Lucerne and the Canton of Nidwalden Regarding Sovereignty and Fishing Boundaries in Lake Lucerne § 3 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden on the Sovereignty and Fishing Boundaries in Lake Lucerne § 4 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden Regarding Sovereignty and Fishing Boundaries in Lake Lucerne § 5 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden Concerning Sovereignty and Fishing Boundaries in Lake Lucerne § 6 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden regarding the Sovereignty and Fishing Boundaries in Lake Lucerne § 7 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden on Sovereignty and Fishing Boundaries in Lake Lucerne § 8 Judicial Settlement Between the Canton of Lucerne and the Canton of Nidwalden Concerning the Jurisdictional and Fishing Boundaries in Lake Lucerne § 9 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden regarding the Sovereignty and Fishing Boundaries in Lake Lucerne § 10 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden concerning the Sovereign and Fishing Boundaries in Lake Lucerne § 11 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden Concerning the Sovereignty and Fishing Boundaries in Lake Lucerne § 12 Judicial Settlement between the Canton of Lucerne and the Canton of Nidwalden Regarding Sovereignty and Fishing Boundaries in Lake Lucerne

Statutory Text (13 Articles)

The Sovereign Border

1. The Sovereign Boundary Between the Cantons of Lucerne and Nidwalden on Lake Lucerne

The boundary follows the imaginary median line of the lake. It begins at the landward cantonal border at the confluence of the Friedbächli and runs to the landward cantonal border at the Kehrsiten-Bürgenstock steamship station. It continues eastward from the landward cantonal border between Unter- and Obermatt to the point on the imaginary median line of the lake, which lies between Unterer and Oberer Nase.

Annex: Sovereignty and Fishing Borders

1. Territorial and Fishing Boundaries

![Map of Territorial and Fishing Boundaries](/api/uploads/31/4f062840ff9ce474c44c90f29522ca92dab5dfb551693196113463dab5e9ce1f)

1. Fishing

1. In the Stansstad, Kreuz, and Matt Basin, subject to § 3, a fishing community is established within the following boundaries

1. towards the eastern part of the Matt Basin: line from Wispelen/Unternas to Horlaui/Riedsort;

2. towards the Küssnacht Arm: line from Zinnen/Hertenstein to Altstatt/Meggenhorn;

3. towards the Lucerne Arm: line from Altstadt/Meggenhorn to St. Niklausen-Horn;

4. towards the Horw Bay: southern boundary of the Winkler- and Horw Lake fishing lease.

1. Fishing

1. The bilateral private fishing rights, but at least a shore strip of 200 meters in width on the Nidwalden side, are excluded from joint fishing.

**The Fisheries**

1. The fishing community includes the Canton of Lucerne with ten professional fishing licenses and the Canton of Nidwalden with six professional fishing licenses.

1. Fishing

1. The two Cantons shall not issue any additional professional fishing licenses for the area of joint fishing.

2. The Canton of Nidwalden is authorized to grant permits to six license holders for the area of the fishing community located east of the line Landmark Obermatt / Weggis, provided these license holders are not identical to those authorized in the area west of this line.

The Fishery

1. The area of common fishing applies only to professional fishing.

2. For recreational fishers, the canton border applies.

Applicable Law, Fisheries Supervision, and Criminal Jurisdiction

1. Each canton exercises the sovereignty it holds with respect to fishing within its cantonal borders. It holds the powers and duties arising from the Concordat on Fishing in Lake Lucerne.

2. Subject to federal law and the mentioned concordat, each canton applies its own law.

Marking and Topographic Maps

1. The demarcation carried out in the year 1921 by the cantonal surveyor of Lucerne is recognized as legally binding for the determined sovereign boundaries.

2. Insofar as the demarcation of fisheries sovereign borders proves necessary, it shall be conducted jointly by the two cantons and at their joint expense.

3. The costs of the demarcation work carried out in the years 1921/22 are to be borne by the two cantons equally. The Canton of Nidwalden will pay the Canton of Lucerne the amount of CHF 750.- under this heading.

Marking and Topographic Maps

1. Sovereignty and Fishing Boundaries are depicted on the map attached to this agreement at a scale of 1:25,000. The map forms an integral part of this agreement.

Approval and Entry into Force

1. The agreement accepted by the governments of both cantons is subject to approval by the Grand Council of the Canton of Lucerne and the Cantonal Council of Nidwalden. Upon receiving these approvals, it will be declared effective by the governments of both cantons simultaneously and will be communicated to the Swiss Federal Council.

2. After it comes into force, the agreement shall apply to all fishing licenses already issued and yet to be issued by both cantons.

Approval and Entry into Force

1. Upon the approval of the agreement, the Federal Court shall decide on the striking off of the case and determine the court costs.

2. The court costs shall be borne equally by the parties.

3. The party and attorney fees are set off.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →