Ordinance on Fishing (Fischereiverordnung) - Scope

1. This Regulation governs the keeping, catching, and conservation of fish, crustaceans, and fish prey in public and private waters.

1. The Canton of Appenzell A.Rh. holds the fishing rights. As such, it has the exclusive right to catch fish, crustaceans, and aquatic animals in all waters across the entire canton within the scope of the Federal Law on Fisheries. Exempt are private waters where fish and crustaceans cannot naturally migrate from or to public waters.

1. The Executive Council is the supervisory authority over fisheries and exercises this function through the Department of Construction and Economic Affairs.

2. The Office for the Environment is entrusted with fisheries management; it is responsible for the enforcement of federal and cantonal regulations as well as the management of water bodies.

1. The fishing rights are granted under the leasehold system and entitle the holder to catch fish and crabs. Furthermore, fishing usage rights can also be established through a concession.

1. The Entry onto Others' Meadow and Pasture Land and Forests for the Purpose of Fishing is Permitted for Those Entitled to Fish, Provided This Can Be Done Without Damaging the Landowners. Compensation Must Be Paid for Any Damage Incurred.

1. The fishing in the border waters is regulated by the government council through agreements with neighboring cantons that may deviate from the provisions of this regulation.

1. For the capture of crabs, bait animals, and baitfish, the Department of Construction and Public Economy may issue the necessary regulations.

1. The government council appoints a fisheries supervisor. This individual is responsible for the supervision of waters and the execution of orders and directives from the fisheries administration.

2. Other supervisory authorities include game wardens, voluntary hunting supervisors, and police officers.

3. The organs of fisheries supervision monitor compliance with federal and cantonal fishing regulations. They take measures conducive to identifying offenders and report violators. They are authorized to request the presentation of fishing permits, inspect the contents of vessels and means of transport, and confiscate illegal or unlawfully used fishing gear and illicitly obtained goods.

4. Reports made by organs of fisheries supervision concerning fishing regulations are equivalent to police reports.

1. The fishing waters are divided into the following regions

1. Urnäsch from the mountain pass summit (excluding the source to the road crossing at the mountain pass summit, i.e., the source area Siebenbrunnen) to the confluence with Wissbach; including Wissbach from the cantonal border.

2. Urnäsch from the confluence with Wissbach, excluding Wissbach, to the Hundwilertobel Bridge; excluding Murbach.

3. Urnäsch from the Hundwilertobel Bridge to the confluence with the Sitter; excluding the Sitter.

4. Murbach.

5. Necker up to the cantonal border (Ruezenecker).

6. Zwisler; Tüfenbach up to Tüfi Bridge.

7. Glatt up to Zellersmüli.

8. Glatt from Zellersmüli to the confluence with Wissenbach, including Wissenbach from the municipal boundary Schwellbrunn.

9. Wissenbach up to the municipal boundary Schwellbrunn.

10. Widenbach up to the cantonal border; Rotbach and Zwislenbach up to their convergence; excluding Mendlibach up to the railway embankment.

11. Rotbach from the convergence of Zwislenbach and Rotbach to the confluence with Wissbach; excluding Wissbach and Zwislenbach.

12. Rotbach from the confluence with Wissbach to Weir obere Lochmühle; excluding Wissbach and Steigbach.

13. Rotbach from Weir obere Lochmühle to the confluence with the Sitter; excluding the Sitter and Goldibach.

14. Wissbach and Steigbach.

15. Goldibach.

16. Sitter from the confluence with Buechbach, including Buechbach, to the confluence with Rotbach; excluding Rotbach.

17. Sitter from the confluence with Rotbach to the confluence with Wattbach; excluding Rotbach and Wattbach.

18. Sitter from the confluence with Wattbach to the confluence with Urnäsch; excluding Wattbach and Urnäsch.

19. Wattbach.

20. Goldach from the cantonal border to Chastenloch Bridge; excluding Bruderbach.

21. Goldach from Chastenloch Bridge to Aachmüli; excluding Landgraben.

22. Goldach from Aachmüli to the cantonal border, including Landgraben.

23. Bruderbach.

24. Gstaldenbach and Mattenbach up to the cantonal border.

25. Klusbach from the cantonal border to Tobelmüli.

26. All streams of the municipalities Walzenhausen and Reute up to the cantonal border.

2. The tributaries are included in these regions, insofar as they are not explicitly excluded.

3. The government council may change the regions for reasons of fishery management.

1. The right to fish is acquired through

a) Lease

b) Annual permit

c) Daily permit

2. A lessee is granted only one fishing area for a lease period, provided there are enough suitable applicants for the other areas.

3. Lessees and holders of annual permits are not granted an additional annual permit during a fishing season, except to reach the minimum number according to Art. 12 para. 2, if this number cannot otherwise be achieved.

1. A tenant card must be issued to the lessee.

1. Annual permits are valid only for one fishery and are issued to the extent that the fishery management condition of the area allows.

2. The fisheries administration determines for each fishery area, in relation to its fishery management condition, the minimum number of annual permits that must be issued if there is sufficient demand, as well as the maximum number that can be issued.

3. Annual permits are issued only with the consent of the lessee. The lessee is responsible for ensuring that the prescribed minimum number of permits is obtained; he may only demand lease contributions to the extent justified by the leasing and management costs.

1. The leaseholder may issue day permits within their district. These must be obtained from the fisheries administration according to their instructions. Any potential lease contribution must not exceed what is justified by the lease and management costs.

1. The tenant card is issued free of charge.

2. Residents of the canton are required to pay a fee of CHF 15 for the annual card; for persons residing outside the canton, the fee amounts to 20% of the lease rent of the respective district.

3. A fee of CHF 4 is payable for the day card.

4. The government council may adjust these fee rates to changing circumstances.

1. Individuals eligible for fishing as a leaseholder or with an annual permit must meet the following criteria

a) be at least 18 years old,

b) be a resident of Switzerland,

c) not be subject to a judicial fishing prohibition,

d) have not received public assistance in the past 3 years,

e) have not been convicted of intentional violations of fishing regulations in the past 5 years,

f) have not declared bankruptcy or been unsuccessfully subjected to debt enforcement in the past 5 years, unless they can prove the satisfaction of all creditors.

2. Day permits may only be issued to individuals who are at least 16 years old and otherwise meet the personal requirements specified in Section 1, letters c-f.

1. The fishing license shall be revoked from the holder if

a) the personal requirements are no longer met,

b) the lease payments or fees have not been paid despite a reminder,

c) he has significantly neglected his duties as an authorized fisherman or has grossly violated other fishing regulations.

1. Decisions on the issuance, refusal, and withdrawal of leaseholder permits, annual permits, and day permits are made by the fisheries administration.

1. The person entitled to fish must carry the fishing license along with a personal identification while engaging in fishing activities and present it to the fisheries inspection authorities as well as to other individuals entitled to fish.

1. The hunting districts are each leased for a duration of six years.

2. The lease year coincides with the calendar year.

1. The Government Council shall set the annual lease rents at the beginning of a new lease period, taking into account the yield value, size, water flow, and accessibility.

2. For persons not residing in the canton, the lease rent is increased by 50%.

3. The lease rent is due on March 1st of each year and must be paid within one month.

4. The Department of Construction and Economic Affairs is authorized to waive the lease rent in whole or in part in the event of severe damage to the fish stock.

1. In the allocation of hunting grounds, the current leaseholders have priority for a second lease period, provided they have managed their grounds well during the expired lease period and have not given rise to any significant complaints otherwise.

1. Newly available fishing grounds are advertised publicly for open application. The lease is granted only if the personal requirements pursuant to Art. 15 para. 1 are met.

2. Fishing leases are awarded in the following order of priority

a) Primarily, a lease is granted to individuals who have been residents of the Canton of Appenzell A.Rh. for at least six years;

b) secondarily, a lease is granted to individuals who are residents of Switzerland.

3. If multiple applications are submitted for the same ground within one priority level, the decision is made by drawing lots.

4. In the case of insufficient demand, the fisheries administration decides on the management of areas not leased.

1. During the term of a lease, a fishing area may be transferred to a new lessee with the consent of the fisheries administration if the previous lessee is no longer able to engage in fishing due to relocation out of the canton, disability, or similar reasons, or if their lease contract has expired.

1. The lessee may terminate the lease by giving six months' notice to the end of a year if the exercise of fishing is significantly impeded by structural measures or force majeure.

1. The lease agreement terminates upon the revocation of the fishing license or upon the death of the lessee.

1. Fish may only be caught with a fishing rod.

2. The fisheries administration may, within the framework of federal law, permit additional equipment and fishing methods, particularly for stocking fisheries, stock regulation, protection of endangered stocks, stock monitoring, etc.

1. Closed Season Duration

a) For trout from September 16 to March 31,

b) For crayfish from September 16 to June 30.

1. The minimum catch size for trout is 22 cm. The government council may increase the minimum size if this is required for fisheries biological reasons.

1. Fishing is prohibited during nighttime, on Sundays and officially recognized holidays, as well as during the closed season.

1. The Department of Construction and Economic Affairs may commission suitable persons to cull fish-damaging animals.

1. The Fisheries Administration may allow exceptions to the protective provisions for the same purposes as in Article 26, paragraph 2.

1. The fish stock in the leased waters must be maintained at a good level through mandatory efforts. These minimum efforts are determined by the fisheries administration.

2. Only brown trout may be used as stocking material; the introduction of other fish species requires the approval of the fisheries administration.

1. To acquire suitable stocking materials, the Government Council may participate in fish hatchery facilities. It can claim leased waters for rearing purposes and instruct the fisheries administration to operate and maintain such rearing waters.

2. With the consent of the fisheries administration, the lessees can maintain rearing waters within their territories.

1. For special measures in the interest of fisheries as well as to partially cover extraordinary damages to fish stocks, the leaseholder must pay an annual surcharge to the lease rent, which is to be managed in a fund. The amount of the surcharge is determined by the Department of Construction and Economic Affairs and may not exceed 10% of the lease rent. The Department of Construction and Economic Affairs decides on the use of the funds from this fund.

1. The Executive Council may provide contributions for structural measures for the restoration and improvement of public fishing waters, provided that the federal government grants the same benefits.

1. Changes to bodies of water or their water balance, watercourses, and banks require a fisheries law permit from the fisheries administration. This administration shall prescribe the measures necessary in the interest of fisheries.

1. The lessee is obligated to maintain a record of the fish and crayfish stocked and caught, in accordance with the directives of the Fisheries Administration.

1. Illegally caught fish and crustaceans, as well as prohibited fishing gear used, are provisionally confiscated by the fisheries administration and, if necessary, seized.

1. Whoever violates this ordinance and the implementing provisions issued based on it shall be punished with a fine, unless they have violated federal law.

1. Decisions of the Fisheries Administration may be appealed to the Department of Construction and Economy within 20 days.

1. Lease agreements existing at the time of this regulation's entry into force will be terminated at the end of the 1980 fishing season.

2. In the reallocation of the areas, previous lessees shall have priority for the next lease period.

1. Upon the entry into force of this regulation, all provisions contradicting it are repealed, in particular the Regulation concerning Fisheries of November 15, 1920, the Regulation concerning the Lease of Fishing Waters of June 9, 1896, and the Regulation on the Issuance of Daily Fishing Permits of March 1, 1966.

1. This regulation shall enter into force on the date determined by the cantonal government following approval by the Federal Department of Home Affairs.