Constructions in protected water areas, 300 thousand euro fine - Instruction/ Violations in the fishing sector, measures in relation to the damage

Fines in the fishing sector will be imposed in relation to the penalty incurred. According to the latest instruction of the Ministry of Agriculture, published in the Official Gazette, the determination of measures will be made on several criteria such as the nature and importance of the violation; the degree of economic and environmental damage caused; the quantity of catches or products subject to the violation; the repetition of the violation by the same entity; the degree of cooperation of the entity during the control; the fact whether the violation was committed in protected areas or on protected species; the economic benefit realized or intended from the violation; any other aggravating or mitigating circumstances ascertained during the administrative procedure.
The methodology set out in this instruction applies only to those administrative measures for which the law provides for a range of values or leaves room for assessment for the administrative body and not to measures where the law sets fixed values.
Specifically, for violations related to the dumping or use of sand or gravel, the discharge or displacement of water or other polluting materials, as well as interference, disruption or destruction of the environment in protected water areas, the fine ranges from 400 thousand lek for minor environmental damage and without significant consequences on the aquatic habitat up to 1.5 million lek if it has caused severe or irreversible damage to the aquatic habitat, massive pollution, destruction of the ecosystem. And in case of repetition, 2 million lek.
While for the violation of the construction of structures in violation of the legislation in protected water areas, fines range from 600 thousand lek for the construction of temporary or easily dismantled structures on land or in water; 1.5 million lek for the construction of fixed structures that violate the natural habitat, access or functioning of the protected water area, up to 3 million lek for the construction of ports, platforms, embankments, industrial structures or any other construction that causes serious damage to the aquatic ecosystem or changes to the natural characteristics of the protected area.
For fishing in violation of the fishing ban order, fines range from 200 thousand lek for a minimum quantity of 5 kg and up to 1 million lek for quantities of fish over 15 kg.
For fishing activity by foreign vessels, the violation ranges from 3-5 million lek.
The use of explosives and other substances for fishing is punishable by a fine of 100-500 thousand lek. Fishing above the permitted norms is punishable by a fine of 50-100 thousand lek.
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