Fisheries Act (LPêche) - Scope of Application [2] (FIG)

1. This law governs the capture and conservation, in public and private waters, of fish, crayfish, and the organisms that serve as their feed.

2. Only Articles 47, 51, 52, and 68 apply to fish farming facilities, and only Articles 47 and 68 apply to artificially established private waters where fish and crayfish living in open waters cannot naturally enter.

1. The law aims to ensure the management of fishing and the conservation of fish and crayfish species in the waters of the canton and to achieve the objectives of the Federal Law on Fishing [B].

1. The Council of State designates the department (hereinafter: the department) and the service (hereinafter: the service) responsible for the implementation of legislation concerning fishing.

1. The Council of State is responsible for taking all useful measures designed to achieve the purpose of this Act.

2. In particular, it shall define

a. a global water policy ensuring the conservation of biotopes and their reconstitution if they are destroyed;

b. a fish management policy;

c. a policy ensuring the rational exploitation of fish populations designed to guarantee optimum yield;

d. a policy ensuring the conservation and diversity of fish species, crayfish, and organisms serving as their food.

1. Fishing in the territory of the canton is governed by

a. the Federal Act on Fishing [B] and its implementing provisions;

b. international conventions applicable to Vaud waters [C];

c. intercantonal conventions applicable to Vaud waters [D];

d. the present Act and its implementing provisions [E].

1. Fishing in inter-cantonal waters is regulated by the Council of State, which is granted full authority to conclude agreements with neighboring cantons.

2. Provisions that derogate from this law are submitted to the Grand Council.

1. The department is granted full authority to enter into agreements with other cantons for the purpose of coordinating the regulations concerning the exercise and supervision of fishing that fall under its jurisdiction.

1. The practice of fishing in the lakes of Joux, Brenet, and Ter is governed by a departmental directive.

1. By fishing rights, it is meant the right to capture fish, crayfish, and organisms serving as their food.

1. Subject to communal and private rights, the right to fish belongs to the State, which grants its exercise in the manner prescribed by this law.

1. The State's fishing rights extend to the waters of the public domain as well as the waters of the private domain, when the latter permanently or periodically communicate with those of the public domain and fish can move between them.

1. The State may acquire communal or private fishing rights through amicable means or expropriation.

1. Fishing without a permit is authorized under conditions determined by the department

a. Designated sectors

- in certain waters and certain river sections that it specifies;

b. Children

- in all waters over which the State's fishing rights extend, for persons under 14 years of age, accompanied by a permit holder.

1. Subject to Article 12, no one may fish in the waters over which the State's prerogative extends without holding a permit.

2. The department determines the different categories of permits; the implementing regulation establishes the procedures for their issuance. Permits may be ordered and issued electronically.

3. It sets the price of the permits.

1. The permit is personal and non-transferable. Its validity period is a maximum of one year.

2. A person cannot simultaneously hold multiple permits of the same category.

1. Fishing permits may not be issued to persons who

a. do not possess the exercise of civil rights, unless authorized by their legal representative;

b. are deprived of the right to fish by virtue of a decision rendered by a Swiss administrative or judicial authority;

c. have not returned or submitted, in the preceding year, their fishing logbook duly completed and signed, this after a warning from the department, given at least fifteen days in advance.

2. …

1. The department establishes the conditions for granting professional fishing licenses.

2. It may, in particular, limit the number of such licenses, impose requirements regarding the portion of activity devoted to fishing, and set age limits for entering the profession.

3. It may also, upon request, grant a temporary authorization to a family member of a professional fisherman or to one of his employees.

4. This replacement is under the responsibility of the fishing license holder.

1. A fishery surcharge set by the department may be charged to individuals not residing in the canton who obtain an annual or monthly permit.

1. The permit and the right to fish may be withdrawn by the service

a. when a fact precluding their grant occurs or comes to its knowledge subsequently;

b. when the holder has been convicted of an assault on the physical integrity of a wildlife officer in the exercise of their duties;

c. when the holder has been convicted of theft of fishing gear or for damage caused to such gear;

d. when the holder has been convicted of damage to real property in the exercise of fishing;

e. when the holder has been convicted of one of the infringements of the legislation on fishing [B] or on wildlife [F] as provided for by the Council of State.

f. ...

2. The duration of the withdrawal of the permit and the right to fish is five years for one of the infringements set out under letters b) or c) and three years for an infringement set out under letter d). The regulation sets the duration of the withdrawal of the permit and the right to fish for infringements set out under letter e).

3. When the holder is subject to criminal prosecution for an intentional infringement of fishing legislation or for one of the infringements mentioned under letters b) to e) of paragraph 1, the permit may be withdrawn by the service as a provisional measure until the final decision of the competent administrative or judicial authority.

1. The service may reimburse all or part of the permit fee when equity requires it, particularly if the individual concerned returned their permit before being able to use it.

1. Whoever captures fish, crayfish, or organisms serving as their food, or participates in any maneuver aimed at capturing or killing such animals, actively engages in fishing and is subject to this law.

1. …

2. Permit holders are required to carry their permit and present it upon request from a wildlife conservation officer or the owner, tenant, or lessee of the lands on which they pass or fish.

3. They must also carry an identification document.

1. Fishing gear and methods, as well as the means used in the practice of fishing, must be compatible with environmental protection and animal protection. In particular, it is prohibited to use weapons, explosives, substances intended to stun fish or crayfish, as well as any other harmful substances to animals or the environment. The provisions of Article 49 of this present law are reserved.

2. Department [G] determines the gear and bait authorized for use in each body of water, their characteristics, and their mode of use, as well as the number of gear each permit holder can use. It may limit, regulate, or prohibit the use of fishing methods and means used in the practice of fishing.

3. It may enact regulations aimed at preventing fish or crayfish from unnecessarily suffering pain or injury.

1. Fishermen shall take care not to damage fishing gear belonging to third parties.

1. The department establishes the conditions for the capture of fish and aquatic organisms used as bait.

1. The harvesting of aquatic invertebrates must not harm the environment or the balance of animal populations.

2. It is subject to authorization from the service which sets the conditions for harvesting in each case.

1. The department establishes the opening and closing dates for fishing, and, if applicable, the fishing days.

1. The department sets the hours during which fishing is permitted.

1. Fishing is prohibited

a. in facilities used for raising fish or crayfish;

b. in fishing reserves and other locations designated by the department;

c. from the surface of a frozen lake, with the exception of Lake Joux and Lake Brenet.

1. The department may limit or prohibit the use of a vessel for the exercise of fishing.

1. Fishermen have the right to walk and stay along the banks of the waters over which the royal prerogative of the State extends.

2. The exercise of this right cannot be obstructed or restricted by fences, bans, or prohibitions on circulation.

3. Fishermen also have the right to cross another's land when it is not possible to reach the bank of a waterway over which the royal prerogative of the State extends in any other manner.

4. However, fishermen may not enter buildings, factories, worksites, and their dependencies.

5. They are liable for the damages they cause to another's property.

1. Owners, tenants, and farmers of land may be relieved from the obligation of the servitude provided in Article 31 if they can demonstrate that it presents them with serious inconveniences.

1. During the organization of fishing events, the Department may authorize exemptions from the legal and regulatory provisions in force.

1. Management must ensure the optimal development of fish populations

a. through exploitation designed according to the density and composition of these populations;

b. through measures ensuring the best conditions for fish reproduction;

c. through stocking measures designed according to the resources of rivers and lakes;

d. through the maintenance or improvement of natural fish habitats;

e. through the protection of threatened species.

1. The department may limit the number of fish that each fisherman is authorized to catch.

2. For the purpose of fishery management, it may temporarily prohibit the capture of a species of fish in certain lakes or specific sections of watercourses.

1. The department may restrict or prohibit the capture or sale of certain fish species recognized as threatened.

1. The department may take measures to improve the composition of fish populations.

1. The department may authorize or conduct special fishing operations itself intended to limit the populations of certain fish species.

1. The department

a. sets the protection periods during which the capture of various fish species is prohibited;

b. sets the minimum length that fish must have reached to be captured;

c. issues regulations concerning the fate of fish and crayfish caught during their protection period or not having reached the minimum length to be captured.

1. No angler may be found within 20 meters of a watercourse or lake with

a. fishing gear that does not comply with the legal provisions applicable to that water;

b. a number of fish exceeding that which they are authorized to capture there;

c. fish whose size is smaller than the minimum catch size prescribed for that water.

2. However, this does not apply to holders of a professional fishing permit who are in facilities intended for preparing or storing fish or fishing gear.

1. During their protection period, it is prohibited to keep in a holding tank, transport, transfer ownership, acquire, or serve in restaurants and other similar establishments fish caught in Vaudois waters.

2. However, this provision does not apply to the conservation and commercialization of fish by professional fishermen and, more generally, during the first three days of the protection period.

3. The department shall take the necessary measures to ensure the regulation of fish trade during the protection periods.

1. The regulations for stocking water bodies in the canton and the general methods implemented to achieve this stocking are developed by the service and submitted for approval to the department.

1. Within the framework of these standards, the service establishes and executes the annual program.

1. The service operates or monitors the fish farming establishments necessary for stocking measures.

1. For the purpose of restocking, the service may carry out or have carried out breeding fish catches. It determines the conditions for such activities.

2. Professional fishers may be required to perform certain tasks for this purpose. Compensation may be granted to them.

1. The provisions of Articles 34 to 45 concerning fish shall apply by analogy to crayfish.

1. A service authorization is required for the introduction of fish, crayfish, or other aquatic animals into open waters.

2. Any introduction that contradicts the principles of fishery management or risks endangering natural balances may be prohibited.

1. Sick fish and crayfish shall be immediately reported or handed over to the resident officer.

1. For scientific or fishery management purposes, the department may take measures that deviate from legal or regulatory provisions. However, these measures will be limited to a specific operation exclusively targeting certain species and certain waters.

1. The Council of State takes measures to maintain or improve the natural habitats of fish.

1. The service issues permits for technical interventions as provided by the Federal Fisheries Act [B].

2. Anyone requesting such a permit must provide, at their own expense and from the project's inception, the data or studies allowing the determination of the project's impact and the measures to be taken.

1. The service is consulted for each water extraction subject to Article 29 of the Federal Law on Water Protection [H]. Its requirements are an integral part of the water extraction authorization provided for by the Federal Law on Water Protection.

1. Unless authorized by the service, it is prohibited to enter the bed of a watercourse with a motor vehicle that is not intended for navigation or with a horse, except for crossing it.

1. It is prohibited to allow domestic animals to roam in waters over which the State holds prerogative rights.

2. In case of an infraction, the animals may be captured and held at the owner's expense if such a measure is justified by the circumstances.

1. It is prohibited to hinder the exercise of fishing, notably by throwing objects or substances into the waters that are likely to drive away fish and crayfish or to damage fishing gear.

1. Insofar as it harms fishing or aquatic wildlife, navigation in rivers, lakes, and ponds may be restricted or prohibited by the department.

2. If circumstances require, the Council of State may implement local or regional measures to reconcile the interests of fishing, navigation, and other nautical activities, such as scuba diving with autonomous diving equipment.

3. Before making its decision, the competent authority consults the concerned municipalities.

1. The State may grant subsidies within the framework of the objectives set out in Article 3 of this Act.

2. The service ensures coordination with subsidies granted on the basis of special legislation, particularly in the areas of agriculture, forestry, nature protection, and water revitalization.

1. Grants are awarded by the department.

2. Grants may be allocated to legal entities of public or private law or to natural persons.

3. This law does not confer any right to the awarding of a grant.

1. The department links the granting of subsidies to the following conditions

a. applications must meet cantonal priorities for the conservation and management of species and their biotopes or fall within the objectives of program agreements concluded with the Confederation;

b. the measures are ordered by the department and executed economically and efficiently by qualified personnel;

c. the implementation of the measures ensures the preservation of biodiversity, the conservation of species and biotopes, as well as the protection of threatened animal and plant species.

2. The beneficiary undertakes to carry out the measures within the fixed deadlines.

3. The department may make the granting of a subsidy subject to specific charges and conditions necessary for the proper execution of the subsidized activity.

4. Beneficiaries of cantonal subsidies equal to or exceeding CHF 100,000 are required to submit their accounts to a limited audit by an auditing body in accordance with the provisions of the Code of Obligations.

5. Non-observance of the conditions set forth entails the obligation for the beneficiary to reimburse all or part of the subsidies received.

1. Subject to good faith, the granting authority may withdraw or reduce the subsidy when the priorities or objectives defined in Article 56b, paragraph 1, letter a) are altered.

2. Non-compliance with the conditions set at the time of the subsidy grant results in the beneficiary being obligated to repay all or part of the subsidies received.

1. The subsidy is granted according to a flat-rate scheme or as a percentage of actual costs.

2. The flat rates and maximum subsidy rates, as well as the criteria for determining the amount of the subsidy, are specified by departmental guidelines.

1. The department is responsible for the control and monitoring of subsidies, including the approval of financial statements.

2. It requests from the beneficiary the necessary or useful information and documents, in order to, in particular

a. verify the use of the subsidy;

b. ensure compliance with the obligations and conditions;

c. identify financial risks for the State, and where appropriate, implement a risk management procedure.

3. Beneficiaries of cantonal subsidies equal to or greater than CHF 100,000.- shall provide information based on the financial reporting form. The department issues directives relating to the financial reporting form.

1. Within the limits of its financial availability, the State encourages measures concerning

a. the development and economic management of fish resources;

b. the protection, conservation, and management of aquatic fauna species, as well as the protection, maintenance, and revitalization of aquatic biotopes;

c. the research, collection, and monitoring of biological data;

d. public education and awareness relating to fishing and water protection.

1. In the area of fish farming development and economy, the State may subsidize

a. measures necessary for the implementation of the fish stocking program for lakes and watercourses;

b. the activities of cantonal associations dedicated to fish farming work and the stocking of public waters;

c. measures aimed at enhancing the value and marketing of indigenous fish.

2. In the area of protection, conservation, and management of aquatic fauna species and their biotopes, the State may subsidize

a. measures aimed at safeguarding protected aquatic fauna species of national or cantonal interest;

b. the establishment of cantonal action plans or management plans;

c. measures aimed at promoting the sustainable management and exploitation of fishing;

d. the activities of cantonal associations dedicated to tasks involving the monitoring of fishing activities and water protection;

e. measures aimed at protecting, maintaining, or revitalizing aquatic biotopes.

3. In the area of research, data collection, and monitoring, the State may subsidize

a. research and monitoring in the field of water biology and fishing;

b. research in the field of fish diseases and the fight against these diseases.

4. In the area of training and awareness, the State may subsidize

a. educational measures in favor of aquatic fauna conservation and water protection;

b. the training of stakeholders, such as municipalities, businesses, institutions, associations, federations, or individuals involved in the conservation or management of aquatic species, or the revitalization of their biotopes;

c. the activities of cantonal associations dedicated to the tasks of training fishermen and raising public awareness.

1. The Cantonal Fish Management Fund, recorded in the State's balance sheet, is allocated to the financing of

a. fish management measures, particularly fish stocking measures;

b. measures for the protection, conservation, and management of aquatic fauna species;

c. services aimed at protecting or revitalizing aquatic biotopes;

d. research, collection, and monitoring of biological data;

e. measures aimed at training and raising public awareness;

f. any other measure intended to achieve the objectives of the present law.

2. The Cantonal Fish Management Fund is notably financed by

a. an annual appropriation provided in the State budget, drawn from the proceeds of fishing permits;

b. the amount of surtaxes provided for in Article 17 of the present law;

c. the proceeds from the sale of confiscated animals and fishing gear;

d. the proceeds from fines and regulatory fines collected for infringements of the present law and federal law;

e. damages for water pollution or other damages provided for by the present law;

f. the amount of hydroelectric royalties allocated to water stocking measures;

g. amounts resulting from program agreements concluded with the Confederation;

h. any other extraordinary payment.

3. The State Council shall determine the share of permit proceeds to be paid annually into the fund.

4. The State Council shall determine the competences for deciding on the financing of an operation.

1. The wildlife and nature police contribute to environmental policing.

a. ...

b. ...

c. ...

d. ...

e. ...

2. The wildlife and nature police force is notably composed of permanent officers and auxiliary officers within the meaning of this Act. These officers ensure compliance with and enforcement of this Act, the Wildlife Act, and the Nature Protection Act. 3

3. Also contributing to the wildlife and nature police are

a. forest inspectors and forest rangers of a district;

b. border guards, to the extent provided for by federal legislation.

c. the gendarmerie and municipal and inter-municipal police forces.

4. The persons mentioned in paragraphs 2 and 3 above have the rights and obligations provided for in Articles 60 and 62.

1. Wildlife and nature police officers are required

a. to report to the competent authority all offenses against fishing legislation [B] and water protection legislation [H] that come to their knowledge;

b. to take all useful measures to establish the facts, identify and prevent new offenses.

2. They have the right

a. to inspect containers and vehicles that may be used to transport fish;

b. where applicable, to seize illegally used gear, prohibited gear, as well as fish and crayfish caught illegally.

3. The Council of State determines other rights and obligations of these officers.

4. They are authorized to collect administrative fines under federal and cantonal law concerning forests, hunting, fishing, and nature protection.

5. They also carry out prevention missions, particularly during awareness campaigns.

1. Permanent agents within the meaning of this Act and within the meaning of the Wildlife Act are furthermore entitled

a. to visit vessels and premises used for storing fish belonging to fishermen, restaurateurs, or fish and crayfish merchants;

b. to search in ports and railway stations.

2. The provisions relating to the guarantee of the inviolability of the home remain reserved for the remainder.

3. In cases of urgency, fishermen are obliged, subject to compensation, to make their boats available to the aforementioned agents.

4. ...

1. Officers responsible for fisheries policing are required to maintain confidentiality regarding all operations they conduct and any facts that come to their knowledge in the course of their duties.

2. This obligation persists even after the cessation of their duties.

3. However, the individuals concerned may be released from this obligation by the head of the department.

1. Permanent agents are in charge of a district whose boundaries are set by the department.

2. The department appoints the agents and establishes their terms of reference.

1. The service also appoints auxiliary agents. It determines their responsibilities and the duration of their mandate.

2. Auxiliary agents work on a voluntary basis. They may receive compensation for the execution of special tasks.

1. The service provides basic training and continuing education for permanent and auxiliary agents, as well as for those who collaborate in fishery surveillance and fishery management.

1. The Law on Administrative Procedure [I] applies to decisions made under this law, as well as to appeals against said decisions.

1. The right to appeal also belongs to the cantonal associations dedicated to the protection of the general interests of fishing, wildlife, and nature, when these interests are at stake.

2. These associations also have the right to file objections in the event of an inquiry.

1. Anyone who intentionally or negligently violates this law or its implementing provisions shall be punished by a fine, without prejudice to the obligation to repair the damage caused.

2. The penal provisions of the Federal Fisheries Act [B] are reserved.

3. Prosecution takes place in accordance with the law on contraventions, subject to the summary fine procedure provided for in this law.

1. The procedure for fixed penalties provided by the Federal Act of March 18, 2016, on Fixed Penalties (LFAP; RS 314.1) is directly applicable to contraventions of cantonal law.

1. The State Council defines the cantonal infractions that can be sanctioned with summary fines and determines the fixed amount of these fines.

1. Any order or judgment issued by a criminal authority must be communicated in full to the service.

2. If the service requests it, the file must be submitted to it.

1. The Council of State establishes the implementing provisions [E] of this law.

1. The State Council establishes and organizes an advisory commission on fishing, which includes, in particular, representatives of fishermen, parties interested in the protection of nature and wildlife, as well as relevant scientific communities.

1. The consultative commission notably gives its opinion

a. on issues of fish conservation, management, and exploitation;

b. on stocking standards;

c. on the management of the cantonal fund for fish management;

d. on provisions concerning the exercise of fishing.

1. The law of September 3, 1957, on fishing, as amended by that of December 14, 1957, is repealed.

1. The Council of State is entrusted with the execution of the present law. It shall publish the text in accordance with Article 27, number 2, of the Cantonal Constitution and shall set the date of its entry into force by decree.