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KHO:2002:12

Country/Territory
Finland
Type of court
National - higher court
Date
Feb 6, 2002
Source
UNEP, InforMEA
Court name
Korkein hallinto-oikeus
Seat of court
Helsinki
Reference number
KHO:2002:12
Language
Finnish
Subject
Fisheries
Keyword
Management/conservation
Abstract

The case concerned an organisation, which had come to agreements with several fishing corporations to lease the fishing rights in their waters to the organisation. The organisation has commercial activities related to recreational fishing, especially ice fishing. The agreements were elaborate and regulated for example if the organisation had the right to close off a strait to the other parts of the lake. The organisation was also responsible for the stocking of various fish species in the lake. Moreover, the organisation wanted to restrict certain types of fishing in the area.

 

The supreme administrative court stated that in order to have such a right, an organisation must work for the purpose envisaged in section 1 of the Fishing Act. In accordance with this, efforts shall be made to maintain the maximum permanent productivity of the waters and to increase fish stocks. In order to reach this goal, fish must be stocked several times per year.

 

The fish that the organisation stocked in the lake was of catching size and to a large part consisted of rainbow trout. This species is not naturally found in Finland, and it cannot reproduce in the area. Thus it was overfished and soon disappeared again. The court therefore concluded that the organisation only stocked fish that would maintain species for their commercial activities and not for the purposes stated in the Fishing Act. Conclusively, the court found that the organisation would not be granted a right to restrict fishing within the area.

Full text
KHO-2002-12.pdf