This Convention was signed in Rome on 19 March 1986 and came into force in Italy on 22 November 1988. The Convention is composed of 10 Chapters and 28 articles.
The objective of the Convention is to ensure the optimal management of fishery resources so as to: (i) promote the development of categories operating directly or indirectly in the commercial fisheries sector; (ii) permit a balanced development of recreational fishery activities; (iii) contribute towards the protection and enhancement of the aquatic environment. The Convention establishes an Italo-Swiss Commission for Fisheries, in which each State has a commissioner and two vice-commissioners. There is also a subcommission which is made up of fishery and hydrobiology experts from both States
.
The commissions terms of reference are essentially: (i) to prepare and submit proposals for any amendment to the Convention that might arise; (ii) to settle differences in interpretation and application of the Convention. In addition, the commissioners are responsible for: (i) monitoring the uniform implementation of the Convention and the provisions estasblished for its execution; (ii) submitting necessary recommendations to the appropriate authorities of each State. Chapter 2 of the Convention establishes that each state retains its jurisdiction over the issue of fishing licences and stipulates the publication of a joint list of authorized fishing gear.
Chapter 3 deals with the terms and conditions of fishery prohibition. It specifies the prohibited fishing techniques and zones, and the areas in which the use of certain fishing gear is forbidden. Chapter 4 prescribes the fishery restrictions by establishing: (i) a minimum catch size for certain species; (ii) closed seasons for certain species; (iii) the obligation to return unauthorized fish to the water.
Chapter 5, headed 'Derogations', envisages two noteworthy provisions. On the one hand, each commissioner is explicitly authorized, subject to his counterpart being duly notified, to introduce measures in his territory that are more restrictive than those prescribed in the Convention. On the other hand, the measures foreseen in chapters 2, 3, and 4 may be provisionally waived for technical or scientific reasons. Such an amendment, however, must be jointly agreed to by the commissioners and must in no case run contrary to the aims of the Convention. Chapter 6 deals with environmental protection and specifies: (i) prohibited intervention and/or works, and those requiring authorization; (ii) obligations regarding fish stocking operations. Chapter 7 concerns the exchange of information and urges both States to promote scientific research.
Chapter 8 fixes the principles of surveillance and the applicable penalties thereto. Control and surveillance is left to the national officers of the contracting parties which are competent only for the part of the lake under their State's jurisdiction. However in case of flagrante delicto the officers are authorized to act in waters under the other State's jurisdiction, but that does not entail the right to consfiscate the fishing material nor the right to undertake an arrest. Chapter 9 provides for mandatory consultation between the commissioners and their joint decision on any matter related to the implementation of the Convention. It should also be noted that each State bears the cost of its delegation and experts.
The objective of the Convention is to ensure the optimal management of fishery resources so as to: (i) promote the development of categories operating directly or indirectly in the commercial fisheries sector; (ii) permit a balanced development of recreational fishery activities; (iii) contribute towards the protection and enhancement of the aquatic environment. The Convention establishes an Italo-Swiss Commission for Fisheries, in which each State has a commissioner and two vice-commissioners. There is also a subcommission which is made up of fishery and hydrobiology experts from both States
.
The commissions terms of reference are essentially: (i) to prepare and submit proposals for any amendment to the Convention that might arise; (ii) to settle differences in interpretation and application of the Convention. In addition, the commissioners are responsible for: (i) monitoring the uniform implementation of the Convention and the provisions estasblished for its execution; (ii) submitting necessary recommendations to the appropriate authorities of each State. Chapter 2 of the Convention establishes that each state retains its jurisdiction over the issue of fishing licences and stipulates the publication of a joint list of authorized fishing gear.
Chapter 3 deals with the terms and conditions of fishery prohibition. It specifies the prohibited fishing techniques and zones, and the areas in which the use of certain fishing gear is forbidden. Chapter 4 prescribes the fishery restrictions by establishing: (i) a minimum catch size for certain species; (ii) closed seasons for certain species; (iii) the obligation to return unauthorized fish to the water.
Chapter 5, headed 'Derogations', envisages two noteworthy provisions. On the one hand, each commissioner is explicitly authorized, subject to his counterpart being duly notified, to introduce measures in his territory that are more restrictive than those prescribed in the Convention. On the other hand, the measures foreseen in chapters 2, 3, and 4 may be provisionally waived for technical or scientific reasons. Such an amendment, however, must be jointly agreed to by the commissioners and must in no case run contrary to the aims of the Convention. Chapter 6 deals with environmental protection and specifies: (i) prohibited intervention and/or works, and those requiring authorization; (ii) obligations regarding fish stocking operations. Chapter 7 concerns the exchange of information and urges both States to promote scientific research.
Chapter 8 fixes the principles of surveillance and the applicable penalties thereto. Control and surveillance is left to the national officers of the contracting parties which are competent only for the part of the lake under their State's jurisdiction. However in case of flagrante delicto the officers are authorized to act in waters under the other State's jurisdiction, but that does not entail the right to consfiscate the fishing material nor the right to undertake an arrest. Chapter 9 provides for mandatory consultation between the commissioners and their joint decision on any matter related to the implementation of the Convention. It should also be noted that each State bears the cost of its delegation and experts.
Title:
Convention between the Federation of Switzerland and the Republic of Italy on Fisheries in Italo-Swiss Waters.
Country:
Italy
Switzerland
Type of document:
Agreement
Date of text:
1986
Files:
Repealed:
No