Animal Diseases (Fishing) Regulations, 5782-2022

תקנות מחלות בעלי חיים (דיג), תשפ"ב-2022

Published: 2022-06-08Consolidated Hebrew text as of 2023-09-18 · Last amended 2022-07-20

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By virtue of my authority under Sections 22(a)(2), (5a) and (14) and 28(a1) of the Animal Diseases Ordinance [New Version], 5745-1985 (hereinafter – the Animal Diseases Ordinance), and under Section 9(1) of the Fishing Ordinance, 1937 (hereinafter – the Fishing Ordinance), and with the approval of the Economics Committee of the Knesset pursuant to Section 22(c) of the Animal Diseases Ordinance in respect of regulation 9 of the Regulations, and pursuant to Section 2(b) of the Penal Law, 5737-1977 (hereinafter – the Penal Law), except in respect of regulation 11, I hereby make the following Regulations:

Chapter I: Interpretation

Definitions§

In these Regulations –

"authorised body" – any one of the following or a person authorised by them in writing to do so:

(1)the Director General of the Ministry of Environmental Protection;

(2)the Director General of the Ministry of Health;

(3)the Director of the Israel Oceanographic and Limnological Research Government Company;

"fishing" – the drawing up of fishing catch from a body of water, including the collection thereof from the shore, whether alive or dead, except fishing for self-consumption;

"fishing for self-consumption" – fishing that does not require a licence under the Fishing Ordinance, or in respect of which the fishing licence states that it is for a sporting purpose and is intended for self-consumption only;

"the Director" – the Director of Veterinary Services in the Ministry or a person authorised by him for the purposes of these Regulations, in whole or in part;

"the Ministry" – the Ministry of Agriculture and Rural Development;

"water pollution" – as defined in Section 20a of the Water Law, 5719-1959;

"drinking water" – as defined in Section 52a of the Public Health Ordinance, 1940;

"body of water" – any one of the following: sea, river, lake, water reservoir, except a fishing park and an agricultural farm for the raising of edible fish;

"Chief Fishing Officer" – as defined under the Fishing Ordinance;

"ice" – the solid form of drinking water or of sea water that is not harbour water or from a prohibited area as defined in regulation 5, and without the addition of preservatives;

"licence" – a fishing licence or a vessel licence, as the case may be;

"fishing licence" – a licence to fish granted under the Fishing Ordinance;

"vessel licence" – a licence for a vessel used for fishing granted under the Fishing Ordinance;

"marketing" – transfer to another, whether for consideration or not for consideration;

"fishing catch" – animals living in water, except marine mammals.

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Chapter II: Treatment of Fishing Catch

Keeping of Fishing Catch on a Vessel§

A person shall not keep fishing catch on a vessel except under the following conditions:

(1)the surfaces and equipment that come into contact with the fishing catch are made of a non-absorbent material, are easily cleanable and disinfectable, and are not rusty;

(2)the vessel is clean and pest control is carried out therein;

(3)there are no animals on the vessel, except fishing catch;

(4)the area in which the fishing catch is kept is clean, and its structure prevents the fishing catch from coming into contact with bilge water as defined in the Ports (Marinas) Regulations, 5771-2010, sewage, smoke, fuel, oils, grease and any other contamination that may harm public health;

(5)the fishing catch is kept in a clean container (hereinafter – tank) made of non-absorbent material, easily cleanable and disinfectable, and not rusty;

(6)the fishing catch is separated from any other material, including the species of fish that are toxic for human consumption listed in the First Schedule, before being placed in the tank, and is covered with ice after being placed in the tank;

(7)the fishing catch is kept at a temperature not exceeding 4 degrees Celsius.

Keeping of Documents§

A person using a vessel for fishing shall keep in his possession the vessel licence or a copy thereof if he is not the licence holder, and the fishing licence, and shall produce them upon demand.

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Chapter III: Fishing in Polluted Waters

Notification of Pollution§

Where an authorised body becomes aware that water pollution exists or is suspected in a body of water, it shall notify the Director thereof in accordance with the information in its possession and in accordance with the form set out in the Second Schedule.

Declaration of a Prohibited Area for Fishing§

(a)Where the Director considers that there is a risk to public health as a result of fishing in a body of water that contains water pollution, inter alia on the basis of a notification from an authorised body, he may, after consulting with the Head of Public Health Services in the Ministry of Health or a person authorised by him to do so, declare the area a prohibited area for fishing due to temporary or ongoing pollution (hereinafter – prohibited area); the Director may determine that the extent and boundaries of the prohibited area shall differ from those of the pollution area, inter alia on the basis of the notification of the authorised body under regulation 4, and may also restrict the prohibition on fishing to species of fish in which temporary or ongoing pollution has been found.

(b)A declaration by the Director under sub-regulation (a) of a prohibited area due to temporary pollution shall be valid for a period of 30 days and shall be published in accordance with regulation 8, unless it is cancelled beforehand under regulation 7; however, the Director may extend the validity of the declaration from time to time for additional periods if he considers that the circumstances that led to the declaration continue to exist.

Prohibition of Fishing in a Prohibited Area§

(a)A person shall not fish for fishing catch in an area declared a prohibited area under regulation 5.

(b)A person shall not market fishing catch originating from an area declared a prohibited area.

Cancellation of Declaration§

The Director may, after consulting with the Head of Public Health Services in the Ministry of Health or a person authorised by him to do so, cancel a declaration of a prohibited area and shall give notice thereof as provided in regulation 8.

Publication of Declaration and Its Cancellation§

(a)A declaration of a prohibited area and its cancellation shall be published in Reshumot (Official Gazette), in two daily newspapers in the Hebrew language, on a news website in the Arabic language and on the Ministry's website; notice of the declaration shall be sent to the veterinary surgeons authorised for supervision in markets under Section 177 of the Public Health Protection Law (Food), 5776-2015, by means of the head of the veterinary unit as defined in that Law, and to fish-sorting stations as referred to in paragraph (3) of the definition "meat slaughterhouse" in Section 177 of that Law.

(b)At shores where a prohibited area exists due to pollution declared under regulation 5, the Ministry shall erect signs indicating the prohibition on fishing in the Hebrew, Arabic and English languages, in large and clear letters that are easily legible.

Duty of a Local Authority§

A government veterinary surgeon may instruct in writing a local authority within whose area a prohibited area is located to remove carcasses of fishing catch to a carcass destruction facility, or to bury them in a place and under conditions as he shall direct; however, a government veterinary surgeon shall not direct burial except after consulting with a person authorised to do so by the Minister of Environmental Protection.

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Chapter IV: Penalties and Miscellaneous Provisions

Penalties§

10.

(a)A person who has done any of the following is liable to imprisonment of six months or a fine as provided in Section 61(a)(1) of the Penal Law:

(1)kept fishing catch at a temperature exceeding 4 degrees Celsius, contrary to regulation 2(7);

(2)fished for fishing catch in a prohibited area, contrary to regulation 6(a);

(3)marketed fishing catch originating from a prohibited area, contrary to regulation 6(b).

(b)A person who has done any of the following is liable to a fine as provided in Section 61(a)(1) of the Penal Law:

(1)kept fishing catch on a vessel, contrary to regulations 2(1) to (6);

(2)failed to keep in his possession the vessel licence or a copy thereof and the fishing licence, contrary to regulation 3.

Authority of the Chief Fishing Officer§

11.

(a)Compliance with the provisions of these Regulations shall be a condition of a licence.

(b)Where a licence holder has breached a provision of these Regulations, the Chief Fishing Officer may cancel or suspend the licence held by that person or decline to renew it, provided that if the Chief Fishing Officer has decided to cancel or suspend the licence, the licence holder shall be given an opportunity to state his arguments.

(c)Where the Director considers that a provision of these Regulations has been breached, he may recommend to the Chief Fishing Officer to initiate proceedings for the cancellation of the licence or to decline to renew it under sub-regulation (b), following the breach.

(d)The Director's recommendation shall be transmitted to the Chief Fishing Officer before a decision on the cancellation of a licence or the declining to renew it under sub-regulation (b).

Commencement§

12.

These Regulations shall commence 3 months from the date of their publication.

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First Schedule (regulation 2(6))

(1)Family Tetraodontidae, including Canthigastridae;

(2)Family Molidae (ocean sunfish);

(3)Family Diodontidae;

(4)Family Gempylidae.

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Second Schedule (regulation 4)

The Director of Veterinary Services in the Ministry of Agriculture and Rural Development

Pursuant to regulation 4 of the Animal Diseases (Fishing) Regulations, 5782-2022, I hereby notify you of water pollution as detailed below:

(1)At the location

(2)Pollution source according to reference point

(3)Radius of the pollution area from the source

(4)Boundaries of the pollution area

(5)Type of pollution

(6)The pollution is temporary / ongoing (delete as appropriate)

(7)Additional details:

Date _________________

__________________________

Signature of the authorised body,

Full name and position

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RegulationsAdministrative Law

תקנות מחלות בעלי חיים (דיג), תשפ"ב-2022

Animal Diseases Fishing Regulations

Takkanot Machalot Bealei Chayim Dig

Fishing disease regulations

Aquaculture disease regulations

Fish health regulations

Animal disease control fishing

Veterinary fishing regulations

Fish disease prevention

Aquatic animal health

Livestock diseases fishing

Animal Diseases (Fishing) Regulations, 5782-2022

Chapter I: Interpretation

Definitions§Cite ✦

Chapter II: Treatment of Fishing Catch

Keeping of Fishing Catch on a Vessel§Cite ✦

Keeping of Documents§Cite ✦

Chapter III: Fishing in Polluted Waters

Notification of Pollution§Cite ✦

Declaration of a Prohibited Area for Fishing§Cite ✦

Prohibition of Fishing in a Prohibited Area§Cite ✦

Cancellation of Declaration§Cite ✦

Publication of Declaration and Its Cancellation§Cite ✦

Duty of a Local Authority§Cite ✦

Chapter IV: Penalties and Miscellaneous Provisions

Penalties§Cite ✦

Authority of the Chief Fishing Officer§Cite ✦

Commencement§Cite ✦

First Schedule (regulation 2(6))

Second Schedule (regulation 4)

Definitions§

Keeping of Fishing Catch on a Vessel§

Keeping of Documents§

Notification of Pollution§

Declaration of a Prohibited Area for Fishing§

Prohibition of Fishing in a Prohibited Area§

Cancellation of Declaration§

Publication of Declaration and Its Cancellation§

Duty of a Local Authority§

Penalties§

Authority of the Chief Fishing Officer§

Commencement§