Decision allowing exceptions from the fishing bans in the light of the principles of environmental protection

Abstract

The aim of the article is to analyse the Art. 17(1) of the Act of 1985 on inland fisheries. This Article is a legal basis for issuing a decision (permit) allowing exceptions from the fishing bans in Poland. The de lege lata opinion on the subject has to be critical because currently this Article is not compatible neither with the principles of environmental protection nor with the goals of rational fisheries management. Without such necessary revision of the Art. 17(1) presently existing legal guarantees for water protection in Poland are not sufficiently effective. The aim of the analysis is to characterize proposals for those revisions which are deemed to be a requisite for achieving proper cohesion of the Art. 17(1) and environmental law values.