Fishing: law, licences and animal welfare

In Austria each of the nine federal states regulates fishing in its own fishing act, in Germany each of the sixteen Länder. That is why the rules in Tyrol differ from those in Lower Austria, and those in Bavaria from Brandenburg. All share the basic principle: anyone who fishes needs a personal licence and permission for the specific water.

The personal licence is called the official Fischerkarte in Austria and the Fischereischein in Germany. Usually you get it after a course or exam covering fish biology, waters, equipment, law and animal welfare. For visitors and holidaymakers many states offer time-limited licences with simpler requirements.

Permission for the water is issued by the holder of the fishing rights – often a club or tenant, sometimes the state or a landowner. It is called a licence, permit, fishing card or day ticket. With it you also get the water's rules, which state exactly what is allowed on that water.

Closed seasons protect fish while they spawn, that is, lay their eggs. During this time they are especially vulnerable, and every fish caught is missing from the next generation. Minimum sizes make sure a fish has been able to spawn at least once before it is taken. Some species are protected all year because they have become rare.

Banned methods are usually those that catch too many fish at once or cause unnecessary suffering: nets, traps, snares, spears, snagging hooks, light to attract fish, poison and explosives. As a rule only the rod and line with a limited number of rods and hooks is allowed. The state law and the water's rules say exactly what applies.

Fishing properly includes the right equipment: a priest, a sharp knife, a hook remover, a measuring tape and a landing net. With these you can measure every fish quickly, unhook it gently and – if you keep it – kill it at once. On many waters you also have to enter every fish you take in a catch log.

Fishing without authorisation is not a minor matter. Depending on the state and the case it is an administrative offence or a crime, and fishing gear can be confiscated. Fishery wardens check licences, gear and catches. A genuine emergency – for example when someone is stuck for days and no help can be reached – can justify fishing for food, but only as far and as long as is really necessary.

Animal welfare always applies too. A fish must not flap about in the air for long, must not lie alive in a bag or a bucket without water and must not bleed out without being stunned. Anyone who releases fish does it quickly, with wet hands and preferably in the water. Catching fish just for fun and releasing them is legally delicate in Germany, because a reasonable cause is needed for dealing with vertebrates in this way.

By the water itself the usual dangers lurk: slippery stones, undercut banks, current and cold water. Do not fish alone at dangerous spots, do not wade into fast water and never leave children unsupervised. In an emergency dial 112, in Austria also 144.

The course for the fishing licence is worthwhile for anyone who wants to fish regularly and for anyone who takes fishing seriously as part of their emergency knowledge. It teaches exactly the knowledge that also helps in an emergency: where fish hold, how to handle them gently and how to kill and prepare them properly.

In a genuine emergency there is a clear order: first the emergency call and safety, then protection from cold or heat, then drinking water, and only then food. A healthy person can last many days without food, but only a short time without water and warmth. Anyone near help waits for help and does not fish without permission.

Fishing rights are often very old and tied to land. Many clubs stock their waters with young fish, look after banks and spawning grounds and pay wardens. The price of a day ticket contributes to this. Anyone who buys a ticket often also gets valuable tips on where and how to fish on that water.

Before travelling, check the rules of the destination country. Some countries allow fishing on certain coasts without a licence, while inland a permit is needed almost everywhere. Tourist offices, tackle shops and clubs usually know where to get tickets. This entry is not legal advice – the current laws and water rules always apply.