Fishing leases and the granting of fishing rights – what are the regulations?

Short answer: The granting of fishing rights is not always regulated as a standard agricultural or residential lease. If fishing rights are granted in exchange for compensation for commercial fishing or other fishing that is of significant importance to the tenant's livelihood, the Fisheries Lease Act may be applicable.

When does the Fisheries Lease Act apply?

The Fisheries Lease Act (1957:390) applies when someone grants fishing rights for consideration, and the purpose is commercial fishing or other fishing that is of significant importance to the tenant's livelihood. If the fishing is only a minor part of another agreement, other rules may apply.

Written agreement

When the Fisheries Lease Act applies, the agreement must be drawn up in writing, and all terms must be included in the document. Amendments and additions must also be handled in writing.

Lease term

The Act contains specific rules regarding the lease term. The main rule is a minimum of five years or the tenant's lifetime, with certain exceptions. Shorter agreements may in some cases require the approval of the Regional Tenancy Tribunal.

Termination

For fixed-term fishing leases, the Act requires notice of termination for the agreement to cease at the end of the lease period. Therefore, it is important to document notice periods.

Fisheries conservation areas

If the fishing is part of a fisheries conservation area, specific statutes and decisions within the fisheries conservation area association may affect the grant. For longer-term grants, the holder of the right of use may in some cases be granted a specific role within the association.

What should the agreement contain?

• which water area and what fishing rights are being granted
• purpose and scope
• lease term
• compensation
• species, equipment, and any restrictions
• obligations regarding game and fisheries conservation
• reporting
• termination and amendment of terms

See the Template Store's template for granting fishing rights.

FAQ

Is all granting of fishing a fisheries lease?

No. The application of the Act depends, among other things, on the purpose and how important the fishing rights are to the tenant's livelihood.

Can the agreement be verbal?

When the Fisheries Lease Act applies, the agreement must be in writing.

Can one agree on a term shorter than five years?

There are specific exceptions and possibilities for approval, but the main rule in the Act is a longer lease term.

The article provides general information and does not replace legal advice.