Commercial fishing gear
Art. 2 of the Regulations for Inland Fisheries 1985 lists all legally permitted fishing gear. Commercial fishing gear means all gear other than the rod and the "peur." The definitions can be found in art. 1 of that regulation.
Cross-net
The cross-net is not a rod or a "peur." You must therefore treat it as commercial fishing gear. All conditions described here apply to its use.
Written permission
Water rights holders decide who may fish with commercial gear on their waters. If you are not the water rights holder yourself, obtain written permission. The Chamber for Inland Fisheries must approve this permission in advance (art. 22, paragraph 1 Fisheries Act 1963).
Deed (old situation)
Until 1 January 2013 you needed, in addition to permission, a public-law deed from the Ministry of Economic Affairs. That requirement was in art. 10 of the Fisheries Act 1963. As of 1 January 2013 that deed was abolished.
Declaration from the minister
As a water rights holder or permission holder you must have at least 250 hectares of fishing water. And you must earn at least €8,500 gross per year from that fishery. This is laid down in art. 7a of the Regulations for Inland Fisheries 1985, together with art. 55 of the Fisheries Implementation Regulation.
Before you fish with commercial gear you must register with the State Secretary for Economic Affairs. You must attach an assurance report from a chartered accountant or accountancy consultant. Only after approval will you receive a letter stating that you are authorized. You must show that letter to enforcement officers as proof that you may fish with commercial gear.
Fish and possession ban due to dioxins
Because of dioxins and other toxins in eel and Chinese mitten crab, a ban has applied in many inland waters since 1 April 2011. The ban applies to the following fishing gears:
- aaldogger
- aalfuik (eel fyke)
- aalhoekwant
- aalkistje
- aalzegen
- ankerkuil
- electrovisapparaat (electrofishing device)
- peur
- visfuik (fish trap)
- kreeftenkorf (lobster pot)
The waters are listed in Annex 16 of the Fisheries Implementation Regulation. They include the Afgedamde Maas, the Haringvliet, the IJssel, the Ketelmeer, the Maas and the Waal. The ban applies within the winter dikes and in all directly connected harbors, lakes, creeks and canals up to the first water barrier.
This ban is laid down in art. 28b of the Fisheries Implementation Regulation. It builds on art. 5.10 of the Animal Act. Violating it constitutes an economic offence under the Economic Offences Act (WED).
It is also prohibited to possess eel or Chinese mitten crab in or near these waters (art. 28b, paragraph 3 Fisheries Implementation Regulation).
A professional fisherman in Woudrichem challenged this ban. The Breda District Court dismissed his appeal. The court ruled that the ban is justified and pointed to alternatives, such as the seine for catching round fish. See ECLI:NL:RBBRE:2012:BY2927 on www.rechtspraak.nl.
Closed season for eel gear
To give adult eels the chance to migrate to sea, a closed season applies from 1 September through 30 November. During this period you may not fish in any waters with commercial eel gear or the "peur" (art. 32a Fisheries Implementation Regulation).
For more information about closed seasons see: /vispas-visserijwet-en-regels-binnenwater-gesloten-tijden
Minimum mesh sizes
Art. 4 of the Regulations for Inland Fisheries 1985 sets minimum mesh sizes for some gears:
- aalzegen and cross-net: 20 mm
- ankerkuil: 25 mm
- set net (staand want): 101 mm
- aalfuik: 20 mm (smaller meshes permitted with round rings of at least 13 mm in the fyke)
Using gear that does not meet these requirements is considered prohibited gear.
Closed seasons due to spawning
From 1 April through 31 May you may not fish with:
- visfuik (fish trap)
- ankerkuil
- zegen (seine)
- set net (staand want)
This ban does not apply in some Zeeland waters and lakes. See art. 6 of the Regulations for Inland Fisheries 1985 for the exceptions.
Ban on seine fishing in IJsselmeer harbors
Because of the poor fish stocks, you may not fish with a seine in the harbors of the IJsselmeer (art. 31a Fisheries Implementation Regulation).
Always check the current rules and permits before deploying commercial fishing gear.