Concerning the land

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CHAPTER VI

ADMINISTRATIVE BREACHES

Article 38

The following offences when not qualifying as criminal deeds will be punished as administrative breaches and fined as follows;

Hunting without the proper annual permit and relevant authorization for game killing is fined from 25000 up to 50000 leeks and abrogation of the right to obtain a hunting permit for a period up to 3 years. In repeated cases, the hunting permit is withdrawn permanently.
Hunting outside designated areas or in zones other than the designated ones is fined with 15000 up to 30000 leks. In repeated cases the annual hunting permit is revoked for periods up to five years.
When holders of annual hunting permits refuse to show weapon permit and authorization for game killing to relevant authorities fines are administered ranging from 5000 up to 10000 leks.
Killing or capturing above allowed limits when not declared properly to the competent authorities is fined from 8000 up to 15000 leks.
The trading without permission of forest authorities, of wild animal skin or wild animals or fowls of any species, even though they are included in the hunting nomenclature, is fined from 50000 up to 80000 leks and the confiscation of game. In circumstances when the hunter is an Albanian national, his hunting permit is permanently revoked.
The killing, trading or raising of birds of the kind of canaries in numbers above 3, is fined with up to 3000 leks.
Collection of snails, reptiles and natural frogs without permission of forest authorities outside the designated season and above lawful quantities is fined from 5000 up to 8000 leks.
Hunting without paying taxes and tariffs as provided by laws is subject to fine up to 15000 leks.
The capture of wild fowl at the time of molding, in freezing weather and in major flooding is fined from 8000 up to 15000 leks.
Destruction of nests, damage or collection of eggs or newborns is fined from 2000 up to 4000 leks.
The entrance or stationing of humans, animals, vehicles, the setting up of camping places, tents and similar structures, the building of various facilities in the fauna and hunting reservoirs with relevant permits and authorizations is fined up to 50000 leks and the immediate removal and/or destruction of facilities. The violator is obligated to bear the costs of restituting the environment to its previous condition.
Cattle and animal grazing in the hunting or fauna reservoirs is fined up to 8000 leks.
Individuals or hunters caught in hunting zones with unmatriculated dogs and without proper authorization from the forest authorities are fined up to 1000 leks; In cases of being caught outside the designated hunting season they are fined up to 10000 leks and if caught in fauna or hunting reservoirs they are fined up to 30000 leks.

Article 39

The review of administrative breaches is the attribute of commissions comprised of no less than 3 persons at the directorate of forest service at region level. The Directors of such directorates nominate the members of such commissions.

Appeals against punishment may be instituted within 5 days from the day of its effectuation at local courts. The decision of such courts is irrevocable.

Article 40

The execution of punishment is subject to the law “On administrative breaches”.

Article 41

The Ministry of education, the Ministry of Agriculture and Food, the Ministry of Health and Environmental protection and the Academy of Sciences are responsible for incorporating in school curricula basic knowledge on protection of the environment in general and fauna in particular.

Albanian Radio and Television and other mass media, in the context of the overall national program, are required to increase public awareness on environment and fauna protection by broadcasting specially designed programs.

Non Governmental Organizations, including the hunters and fishers organizations are required to make their contribution to the education of their members on environment and wild fauna protection in the Republic of Albania.

Article 42

Sub laws to make this law implementable will be drafted by the Minister of Agriculture up proposals received from the General Directorate of Forests and Pastures.

Article 43

Decree no. 5607, dated 30.06.1977 “On the hunting economy” and every other provision that may conflict with this law is hereby withdrawn.

Article 44

This law enters into force 15 days after its publication in the Official Journal.
Ratified by Decree no. 983, dated 13. 12. 1994 of the President of the Republic of Albania, Sali Berisha.

L A W

No. 7908, dated 5.4.1995

ON FISHING AND AQUATIC LIFE

In reliance with Articles 16 of Law No.7491, dated 29.4.1991 "On the main constitutional provisions”, on the proposal of the Council of Ministers,

The People’s Assembly of the Republic of Albania

D E C I D E D:

CHAPTER I

GENERAL PROVISIONS

Article 1

Application of the Law

This law shall be applied in the fishing and aquatic life activity that is executed in the water and territory of the Republic of Albania.

Article 2

Object [of the law]
The provisions of this law aim at the following:

a) Provision of a rational and responsible utilization of water biological resources and the development of aquatic life;

b) To program the management in sectors of fishing and aquatic life;

c) To provide measures of conservation to guarantee control of water biological resources;

ç) To ensure a sustainable development of the fishing and aquatic life sector as well as good conditions socio-economical for producers;

d) To provide request of the consumer about entry into the market of ichthyic products suitable for human consumption;

dh) To promote and affect scientific and technological research in the sectors of fishing and aquatic life.
Article 3

Definitions
Within the meaning of this law and of by-laws for its application:

a) In waters of the Republic of Albania are included territorial marine waters and any other marine area reserved exclusively for the Republic of Albania based on the law of the international right, as well as rivers, lakes, lagoons, hydro-graphic habitats and other waters of the territory of the Republic of Albania;

b) “Fishing” means any activity performed to catch or collect water organisms except of those resulting from activities of aquatic life regardless from means used and goals achieved;

c) “Professional fishing” means fishing that is performed mainly for purposes of economic use and “sport fishing” means fishing that is performed for recreational and entertainment purposes;

ç) “Aquatic life” means cultivation of water organisms aimed at their economic use;

d) “Water organisms” mean alive organisms or not, animal or vegetable, eatable or non-eatable that have water as natural or usual living environment where are included water mammals, amphibians, water reptiles, fishes, crustaceans, mollusks, corals, sponges as well as fish eggs, larva or other natural products with exception of fowls;

dh)“Sailing mean” means any type of ship (boat) or float suitable for sailing;

e) “Albanian sailing mean” means any type of sailing means in the ownership of:

- a natural person of Albanian citizenship and residence in Albania;

- a juridical person established in the Republic of Albania in accordance with legislation in force;

- a entity different from a juridical person where are included exclusively natural persons of Albanian citizenship and residence in Albania;

ë) “Foreign sailing mean” means any sailing mean different from the one defined in letter e;

f) “Foreign subject” means any natural person of a non-Albanian citizenship or a juridical person established in accordance with the law of a foreign country;

g) “Ministry and Minister” mean respectively the Minister and the Ministry that has under its jurisdiction the sector of fishing and aquatic life.

CHAPTER II

CONSULTATIVE ORGANS

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