Eel protection

Read the eel rules: return obligation, closed seasons, dioxin areas and VISpas conditions.

Eel protection

Eel protection (European eel)

The European eel is under strict protection. Below you will find all relevant rules and prohibitions.

Nature Conservation Act (Wet Natuurbescherming)

The eel is listed in Appendix II of the CITES Convention. Therefore no one may export eels or eel products to countries outside the European Union.

The Nature Conservation Decree also prohibits possessing or trading certain species listed under CITES, including eel (art. 3.38 Wet Natuurbescherming).

You may receive an exception if you acquired the eel under the Fisheries Act 1963 (art. 3:20 Nature Conservation Regulation). In practice that exemption rarely applies to recreational anglers. In almost all written permits the condition is included that any caught eel must be immediately returned to the same water. This condition also appears on the VISpas and the Small VISpas. Temporary retention is therefore not allowed.

Do you have an eel in your possession while the permit forbids that? Then you violate the Fisheries Act 1963. That constitutes an economic offence under the Economic Offences Act (Wet op de Economische Delicten, WED). If done intentionally, the law treats this as a criminal offence.

Minimum size (art. 5b Implementing Regulation for Fisheries)

The minister can set minimum sizes based on the Fisheries Act 1963. For eel a minimum size of 28 cm applies (art. 5b Implementing Regulation for Fisheries).

Everyone must immediately return eels smaller than 28 cm. Smoked eel must be at least 25 cm (art. 4 Regulation on minimum sizes and closed seasons 1985).

For recreational anglers the return obligation via permit conditions is more important. The minimum size mainly affects commercial fishers. Violating the Implementing Regulation constitutes a breach of the Fisheries Act 1963 and can lead to penalties under the Economic Offences Act.

Record-keeping obligation (art. 7 and 8 Implementing Regulation for Fisheries)

Anyone who lands, trades or possesses eel must keep records. Record: quantity, place of storage, date of landing, date of sale, origin and name of the buyer.

This duty is based on art. 3a of the Fisheries Act 1963. If you fail to comply you commit an economic offence.

Closed season for eel fishing gear (art. 32a Implementing Regulation for Fisheries)

To give adult eel the chance to migrate to sea, a closed season for various eel fishing gears applies from 1 September through 30 November (art. 32a, paragraph 1). During that period you may not fish with commercial eel gear and the peur in any waters.

See here for more information about the closed season for fishing gears

Violating the Implementing Regulation means you breach the Fisheries Act 1963. That constitutes an economic offence under the Economic Offences Act.

Mandatory release September, November (art. 32b Implementing Regulation for Fisheries)

In September, October and November everyone must return eel. This applies to inland waters, coastal waters and the sea. During those months you may not have eels in your possession on or near the water.

These measures follow from the National Eel Recovery Plan. They protect mature eels that want to spawn. The Council of State confirmed the minister's authority on 17-10-2012 (ECLI:NL:RVS:2012:BY0407).

Violating these rules constitutes an economic offence.

VISpas

  1. VISpas and other permits

For most inland waters listed in the Joint List of Dutch Fishing Waters a general condition applies: you must immediately return every caught eel to the same water. This applies to about 90% of Dutch inland waters. Temporary retention is not allowed, not even during competitions. If you do not comply with the conditions you are fishing without permission. That is prohibited by the Fisheries Act 1963 (art. 21).

  1. Small VISpas

The Small VISpas carries the same general return condition. If you do not observe it you are fishing without permission and violate the Fisheries Act 1963 (art. 21).

Note: anyone who ignores the return obligation also violates the Nature Conservation Act. The exemption lapses and you then commit an economic offence under the WED.

Dioxin issue in inland waters

Because of dioxins and other toxic substances, a ban on fishing and possession of eel and Chinese mitten crab (wolhandkrab) has applied since 1 April 2011 in a list of inland waters. The ban concerns gears that are mainly used for eel or Chinese mitten crab. The prohibitions are laid down in art. 28b Implementing Regulation for Fisheries and art. 5.10 of the Animal Act (Wet dieren).

For recreational anglers this means: you may not fish with a peur in those waters. You may not have eel or Chinese mitten crab in your possession while fishing on those waters. Even dead eel or Chinese mitten crab purchased from a fish retailer may not be in your possession when you go fishing. Violating this provision constitutes an economic offence (WED).

The waters are listed in Annex 16 of the Implementing Regulation for Fisheries. Examples:

  • Afgedamde Maas
  • Amer
  • Amsterdam, Rhine Canal (the whole canal; boundary with the Aa via a line perpendicular to the confluence)
  • Beneden-Merwede
  • Bijlands canal
  • Bergsche Maas
  • Boven-Merwede
  • Upper Rhine from Spijk
  • Dordtsche Kil
  • Section in the IJsselmeer bounded by the Zuidermeerdijk, IJsselmeerdijk and Ketelbrug, and the line over coordinates: 52°37.448'N / 005°38.650'E, 52°36.800'N / 005°37.466'E, 52°36.339'N / 005°37.783'E
  • Haringvliet
  • Hartelkanaal
  • Heusdensch Kanaal
  • Hollandsch Diep
  • Hollandsche IJssel from Veerlaan at Haastrecht
  • IJ
  • IJssel
  • Julianakanaal
  • Ghent, Terneuzen Canal (Kanaal Gent-Terneuzen)
  • Wessem, Nederweert Canal
  • Ketelmeer (except the Ramsdiep; separations as described)
  • Part of the Krammer, Volkerak east of the line over coordinates: 51°38.294'N / 4°16.465'E and 51°39.287'N / 4°16.446'E
  • Lateraalkanaal Linne, Buggenum
  • Lek
  • Lekkanaal
  • Meuse (Maas) from the Eijsden border crossing (except Boschmolenplas)
  • Maas, Waalkanaal
  • Nederrijn
  • Nieuwe Maas
  • Nieuwe Merwede
  • Noord
  • North Sea Canal including side channels A, H (except the closed section of side channel B between the A9 and the North Sea Canal)
  • Oude Maas
  • Pannerdensch Kanaal
  • Roer
  • Scheur
  • Spui
  • Vossemeer
  • Waal
  • Wantij
  • Weespertrekvaart from the Amstel to the Amsterdam, Rhine Canal

The prohibitions apply to the area within the winter dikes of these waters. They also apply to harbours, ponds, creeks, holes, pits, creeks and side arms that are in direct open connection with these waters, up to the first water barrier.

Recreational fishers at sea and coastal waters

Dioxin issue in salt water

Since 1 April 2011 a ban on gears that are mainly used for eel or Chinese mitten crab also applies to certain saltwater areas. The ban is based on art. 5.10 Animal Act and art. 23b Implementing Regulation for Fisheries. You may not fish with a peur in those waters. You may also not have eel or Chinese mitten crab in your possession in the immediate vicinity of those waters. Violating this constitutes an economic offence (WED).

The relevant waters are listed in Annex 15 of the Implementing Regulation for Fisheries. Examples:

  • Beerkanaal and open harbours
  • Calandkanaal and open harbours
  • Harbours of IJmuiden and access canals to the North Sea Canal up to the most seaward water barriers
  • Nieuwe Waterweg up to the line of the eastern breakwater of Maassluis to the green navigation light no. 14
  • Maasmond up to the imaginary line from the outside of the South Pier to the end point of the North Pier
  • Part of the Zeegat van Goeree within 500 meters of the Haringvliet sluices

Mandatory release in sea and coastal waters (art. 23a Implementing Regulation for Fisheries)

You must always immediately return any eel you catch with a rod or the peur in sea or coastal waters. You may not have eel in your possession while fishing. These rules are based on art. 23a of the Implementing Regulation for Fisheries and the Fisheries Act 1963. Violating them constitutes an economic offence.

A recreational angler who acts in this way also violates the Nature Conservation Act (art. 3.38) and the Nature Conservation Regulation (art. 3:20). The exemption lapses and you commit an economic offence.

Sources and more information: