Fishing rights, lease and authorization

Here we explain who holds fishing rights, what those rights entail and what rules apply to leasing and authorizations. You will also read what is permitted when releasing fish.

Who holds the fishing rights?

In the past the fishing right was often separate from ownership of the land. Those customary rights were recognised when the Civil Code was introduced in 1853. Unless a manorial (seigniorial) fishing right applies, since 1853 the owner of the land under the water is the holder of the fishing rights for the water above it.

Splitting the fishing right

You can hold the entire fishing right. You can also split the fishing right into coarse fish rights (scaled fish), eel fishing rights and crayfish fishing rights. Those rights can be leased to different parties. On many waters the owner leases the coarse fish rights to an angling club. The eel fishing right is sometimes leased to a commercial fisherman.

Joint fishing rights

Multiple parties can jointly hold the same fishing right. This is called a common fishery ("gemene weide visserij"). For example, three commercial fishermen can each exercise the eel fishing right on the same lake.

What may the fishing rights holder do?

As the holder of the fishing rights you are entitled to fish in the water and to release fish. You decide whether others may fish or release fish in your water. You can offer this possibility in three ways:

1. You lease the fishing right. For example to an angling club. That club often issues written permissions (licenses) to its members.
2. You grant an authorization. The authorized party issues permissions to fish on your behalf.
3. You issue written permissions yourself to interested parties.

The release of non-designated fish species is prohibited by Article 14 of the Flora and Fauna Act. The release of non-native river crayfish into inland waters is prohibited by Article 28a of the Fisheries Implementation Regulation.

Leasing fishing rights

If you lease the fishing right (not a land lease), you become the holder of the fishing rights. Leasing of fishing rights is governed by the Fisheries Act 1963, Articles 24 et seq.

Except for a few exceptions (Article 24):

• Every lease must be in writing (Article 25).
• You must have that lease approved in advance by the Chamber for Inland Fisheries (Postbus 363, 7400 AJ Deventer).

Without a written agreement and approval you may not fish. You may first send a draft lease agreement to the Chamber for Inland Fisheries.

Duration and extension of lease agreements

A lease usually runs for six years. That term encourages investment in a healthy fish stock. In special cases parties agree on a shorter or longer term.

For six-year leases, since 1 September 1999 the agreement is in principle automatically renewed for a new six-year period. Renewal does not occur if:

• the lessor offers a new agreement no later than eight months before the end date;
• the lessor terminates the agreement no later than eight months before the end date;
• the lessee terminates in writing.

If, as a lessee, you have not received an offer at least eight months before the end and you want to extend, request renewal from the Chamber for Inland Fisheries no later than six months before the end.

For leases shorter or longer than six years this system does not apply. Those agreements end automatically on the end date. If you want to keep the fishing rights, request extension from the Chamber for Inland Fisheries no later than six months before expiry. For leases of one year or less the lessee cannot request extension.

Authorization

An authorization differs from a lease. With an authorization the issuing party remains the fishing rights holder. The authorized party may issue written permissions (licenses) to fish on behalf of the rights holder. An authorization ends on the agreed date. The Fisheries Act 1963 does not provide specific rules for authorizations.

Practical points to note

• Always check whether a lease agreement is in writing and approved.
• Contact the Chamber for Inland Fisheries if in doubt about renewal.
• Take into account the rules on releasing fish and river crayfish.