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Greenland Home Rule Executive Order concerning Arctic Char Fishing

In accordance with § 23, § 25, § 26, § 33, sect. 2 and § 34, sect. 3 and § 19 in Act of Landsting no. 11 of November 12th 1980 concerning Nature Preservation, the following is determined:

Application of the executive order

§ 1
The regulation covers Arctic Char fishing.

§ 2
Arctic Char fishing may only be done using angler's hooks, rackets and nets with mesh size, stretched, of at least 100 mm.
Sect. 2. The maximum length of nets for Arctic Char fishing is 30 m.
Sect. 3. Nets must be clearly marked with name of owner, boat or the identification no. of the vessel. The police and the National Defence's Fisheries Inspection may take up fishing nets without name or any other markings.
Sect. 4. Set nets must always be supervised. When leaving the fishing grounds, for any length of time, the owner must take in his nets.

§ 3
It is prohibited to fish for Arctic Char using:
1) jerk fishing methods,
2) drift-nets, seine net and trawl,
3) electro-fishing, firearms,
4) explosives and poison, and
5) ruses, c.f. Sect. 2.
Sect. 2. Irrespective of the rules in sect. 1, item 5, a municipal council may permit the use of ruses for Arctic Char fishing, within the boundaries of the municipality itself.
Sect. 3. The municipality may set out further terms for issuing the permits according to sect. 2, including the appearance of the ruse, the period and area where used and terms for any application of permits.

§ 4
All net-fishing for Arctic Char, in rivers and ponds adjacent to them, is prohibited.

§ 5
It is prohibited, when fishing in lakes, to set nets within 100 m from out- or in flowing rivers.
Sect. 2. When fishing in lakes, the net may not cover more than 1/3 of the distance from shore to shore.

§ 6
It is prohibited to set nets closer than 150 m to the river mouth, measured from the position where sea and river meet at normal high tide.
Sect. 2. The net must be set in such a way that the inner end of the net itself is in contact with the high tide watermark.
Sect. 3. The net may not cover more than 1/3 of the distance from shore to shore.
Sect. 4. The net must be set in a straight line from the shore. Other arrangements, with the explicit purpose of mass fishing is prohibited.
Sect. 5. Arctic Char nets must be set at least 30 m apart.

§ 7
When a stonedam has been built for the purpose of trap-fishing for Arctic Char, this dam must be opened for passage before leaving the fishing grounds.

§ 8
Arctic Char fishing with nets, may only take place during the period of May 15th - September 25th, both days included.

§ 9
Every five years a municipal council prepares a list of the potentially prolific Arctic Char rivers, which are deemed most threatened by overfishing. The list is forwarded to the Ministry of Fishing, Hunting and Agriculture.
Sect. 2. The municipal council places, in by-laws laid down every 5 years and effective for a 5-year period, protection orders on one or several areas stocked with Arctic Char. Municipal by-laws are confirmed by the Greenland Minister for Fishing, Hunting and Agriculture.
Sect. 3. The areas listed in sect. 2 must adjoin naturally, seen in connection to those waters in which the Arctic Char stock from the protected rivers are presumed to be during their period at sea. When setting boundary lines, a point must be made of attaining the greatest overall effect of the protection order c.f. sect. 1, and at the same time attaining the greatest possible overall view for supervision, which may be carried out by gamekeepers or other appointed persons or the police.
Sect. 4. The municipal council may, when determining the preservation of areas, choose to select the same areas, which were placed under protection order by the municipal by-law supplementing the Greenland Home Rule Executive Order no. 23 of May 26th 1994 concerning Arctic Char fishing in Greenland.
Sect. 5. Municipal by-laws may permit fishing with hand lines or fishing rods in the protected areas, thereby maintaining the traditional recreational heritage of the Arctic Char fishing areas.
Sect. 6. The first municipal by-law issued after the passing of this Executive order must be in effect at the latest, on January 1st 1998.
Sect. 7. Should the municipal council fail to pass by-laws in accordance with sect. 6, the Greenland Home Rule Government can place a protection order on one or more areas with Arctic Char, in the municipality concerned.

§ 10
The municipal council may, in by-laws, determine further restrictions regarding Arctic Char fishing than those laid down in § 2, sect. 2 and §§ 5-8, when special circumstances call for this. The municipal council may, in a by-law, set out those terms mentioned in § 3, sect. 3.

§ 11
The Greenland Home Rule Government may, for scientific reasons, dispense from the rules in this Executive Order.
Sect. 2. For dispensation from § 9, municipalities with more than one Arctic Char river can apply to the Greenland Home Rule Government.
Sect. 3. Dispensation in accordance with sect. 2 can be granted only if the municipality can document other stock protective measures in regard to the river, or if the municipality has no Arctic Char rivers.

§ 12
Fines may be imposed upon anyone violating the rules set out in §§ 2-8.
Sect. 2. Arctic Char, caught in violation of the rules set out in §§ 2-6 and § 8, may be confiscated.
Sect. 3. Any actions instituted in accordance with sect. 1 and sect. 2, will be tried in accordance with the Fishing Act.

§ 13
This Executive Order is effective as of June 20th 1997 and at the same time Executive Order no. 23 of May 26th 1994 concerning Arctic Char fishing in Greenland is rescinded.
Sect. 2. Municipal by-laws, restricting Arctic Char fishing, passed in accordance with § 19, sect. 2 of Act of Landsting no. 17 of October 22nd 1990 concerning commercial fishing, or in accordance with Greenland Home Rule Executive Order no. 23 of May 26th 1994 concerning Arctic Char fishing in Greenland, are rescinded as of June 1st 1998.

The Greenland Home Rule Government,
June 18th 1997

Pâviâraq Heilman / Peder Munk Pedersen