RECALL Of the Legislation
Nature of water
The public domain
Water of the public domain is called domanial water. They are the navigable or floatable rivers, the navigable or floatable classified lakes, the channeled rivers, the ship canals, the public ports, public works, eet river, lakes and striped channels of the waterways inland but maintained in the public domain. Art.L.235-1, L.235-9, L.236-2, L.236-4 and L.236-10.
The fishing rights, to a line, the blow or the winch, are granted on the unit of the French public domain, except near the stoppings, with all the fishermen who will have to be obligatorily in possession of a chart of fishing of the year and to be member a A.A.P.P.M.A. Art.L.236-2 and L.236-4.
In the Essonne, classified as water Public domain is the parts of the Seine crossing the territories of fishing of a.A.P.P.M.A. of Corbeil, Coudray-Morsang-Villejuif, Evry and Laugh-Viry-Grigny. The ballast-pits or excavations which join the Seine are excluded from the Public domain .
In certain departments, it can not exist water of the public domain.
The private field
- Interstitial waters subjected to the regulation
They are all the other nonnavigable rivers and nonfloatable , that is to say the insufficient water masses or too rapids to carry boats or rafts.
The bed of the nondomanial rivers belongs to the bordering owners of two banks; Article 98 of the Rural Code.
The resident has the right:
- to close itself (Article 647),
- to prohibit the acostage on its banks,
- to prohibit to take foot on its banks.
The bordering owners can be moral persons or physics. It can be a question individual owners, communes or associations Law 1901 , like are a.A.P.P.M.A.
The fishing rights in the private field are allotted aaux bordering owners Article L.235-4. The exercise of the fishing rights is in addition regulated.
- Closed water (water levels and piscicultures Art.L.236-1 and L.236-7)
In the ponds, ponds, ballast-pits nondomanial, the fishing rights belong to the owner of the bottom. Article L.235-4.
For the pisciculture or water levels existing at June 30, 1984, established in derivation or by stopping and equipped with permanent devices preventing freedom of movement of fish between these works and interstitial waters, or for the installations out of closed water, the regulation of interstitial waters does not apply.
Regulation of fishing
In the rivers of 1st category, fishing using one only line assembled on cane is authorized by fisherman. The maggot, as all the larvae the dipterous ones are prohibited like soft foods or starts. In the rivers of 2nd category, the number of lines assembled on cane could not be higher than four. Fishing cannot be exerted more than one half an hour before the rising of the sun nor more than one half an hour after its sleeping (except for the fishing of carp of night, on or river water levels authorized by order of the prefect).
In 2nd category, when fishing with carp of night are authorized, the use of sharp and lures is strictly prohibited, only the vegetable esches are authorized. The fish will have to be given to water alive on the spot of capture, which means that their alive transport is prohibited.
It is absolutely prohibited of:
- To fish with the hand, under the ice, to fish by disturbing water (except for the fishing of the pin where ramming is authorized).
- To differently harpoon or hang fish than by the mouth.
- To use faggots or fascines, laces or collets, firearms, machines electric, lights or fires, subaqueous material of diving.
- To cram the hooks with fish species for which there exists a minimal size of capture, exogenic species, species likely to cause biological imbalances.
- To use natural or artificial fish eggs as soft foods or starts.
- To fish with the drag in boat on all or the river water levels.
- To fish using a trimmer or of a similar machine.
- To fish starting from a lock or of a stopping, like 50 meters downstream from these works in water of the public domain.
- To fish for the specific period of closing of pike in 2nd category using sharp, dead or artificial fish, with the spoon and other lures (except for the artificial fly and the ground worm handled).
- To fish in the parts of, a channel river or water level whose level is lowered artificially for work, unemployment or accident if the height of water or its flow does not guarantee the life and the circulation of fish.
Article 17 of the Law n°2006-1772 of December 30, 2006 on water and the aquatic environments
I. - the articles L. 436-14 with L. 436-16 of the code of the environment are thus written:
Article L. 436-14. - The marketing of fish belonging to the species registered on the list of the 2° of the article L. 432-10 is authorized when it is possible to justify the origin of it.
The fact of selling these fish without justifying of their origin is punished of 3.750 of fine.
Article L. 436-15. - The fact, for any person, to sell the product of its fishing without having the quality of professional fresh water fisherman is punished of 3.750 Euro of fine.
The fact of buying or of marketing knowingly the fishery product of a person not having the quality of professional fresh water fisherman is punished same sorrow.
Article L. 436-16. - Is punished of a fine of 22.500 the fact:
1° to fish species whose list is fixed by decree in a zone or at one period when them fishing is prohibited;
2° to use for the fishing of these same species any machine, instrument or prohibited apparatus or to practise any mode of fishing prohibited for these species;
3° to hold a machine, instrument or apparatus usable for the fishing of these same species at one period and in a zone or in the vicinity immediate of a zone where them fishing is prohibited, other than those stored in buildings declared with the administrative authority;
4° to sell, put on sale, transport, hawk or buy these same species, when one can come them from acts of fishing carried out under the conditions mentioned with the 1°;
5° For a fisherman amateur, to transport alive carps of more than 60 centimetres.
II. - After the article L. 436-16 of the same code, it is inserted an article L. 436-17 thus written:
Article L. 436-17. - The guilty natural persons of an infringement aimed to the articles L. 436-14, L. 436-15 or L. 436-16 incur the sorrow complementary to confiscation of the thing which was useful or was intended to commit the offence or of the thing which is the product envisaged in article 131-21 of the penal code.
Insurance: The Federation of Fishing of the Essonne must be guaranteed against the accidents caused by its members with thirds and which would engage its responsibility. For that, a contract of insurance was subscribed. So any titular fisherman of the federal chart into force, is covered for his responsibility with the damage caused with the thirds.
To download the minimal sizes and dates of opening in the Essonne for 2009
To download the whole of the provisions on fishing in the Essonne for 2009