The bay of Piran: to the tradition of fishing and fishing rights
[Source: Synopsis from Annales: Annals for Istrian and Mediterranean Studies, 14, 1998, pp.
7-18.]
The records, which indirectly substantiate the existence of fishing and
sustenance by fish caught in Istra, date from the first half of the 6th
century. This was the so-called coastal fishing, for the littoral
population had, according to the common law, a right of fishing along its
coast. In the mediaeval Europe, when the Frankish feudal social order was
established, the right of fishing became one of the ruler's rights. The
fishing rights, however, were in fact appropriated or obtained, with deeds
of donation, by temporal and ecclesiastical lords as well as by towns. The
same stood for Istra; in its western, coastal part, the right to use the
major part of coastal waters was gradually obtained by the town communes
of Trieste, Muggia, Koper, Izola, Piran, Umag, etc.
At Cape Ronek the Piran area once touched the land (and the sea) of the
neighbouring Izola, while at Cape Savudrija it bordered on the "tiny
state" of Umag. Piran controlled the coastal waters between the two capes.
From the mid-thirteenth century the supremacy of the Venetian Republic
was implemented in the territory of western and southern Istra and was
retained as such until the end of the 18th century. Venice, however, did
not interfere with the direct ownership and use of the sea of the western
Istrian town communes, a part of which were also the Piran coastal waters.
In the littoral town communes it was the town authorities that had the
power to decide on the use of coastal waters. In Piran, the right of
fishing in its waters was each year leased out by the commune at an
auction. For this right the commune got approximately a fourth of the
estimated catch in its waters, while the actual sums for the lease of
separate fishing grounds ranged from 9 to 60 libras.
In the Piran fishing ranges the right of possession and partially only
of easement was held (apart from the commune) also by some ecclesiastical
communities and certain temporal and church individuals. In the
autumn-spring season the fishing was limited to the owners and
leaseholders of communal fishing rights, while in the warm part of the
year (from April to September) the fishing grounds were at everybody's
disposal, the only limitation being fishing with certain devices and
appliances.
The people of Piran were fishing in the coastal belt of their water
territory as well as outside it. They were fishing during the day as well
as during the night, when they attracted fish with lights. As far as their
fishing gear is concerned, nets, three-pronged forks, keep nets and hooks
are referred to.
The actual implementation and organisation of fishing in the Piran
waters was left to the owners and leaseholders of the Piran fishing
grounds. In the exploitation of fishing areas they were allowed to
participate directly, with their own personal work. At times, however,
they were fishing with the aid of hired fishermen. The latter were paid in
money, in a part of the catch, and at times in clothes.
With the fishermen the owners were able to make an agreement: they gave
them the right of fishing and took a part of the catch for themselves.
Private fishing grounds were leased out also for monetary compensation
stipulated in advance. In numerous cases the leaseholders of communal
fishing grounds operated only as a kind of fishing managers in the waters
they held on lease. They leased out the right of fishing to various groups
of fishermen.
The Napoleonic Wars and the occupation of this part of the world by the
French brought, in respect of fishing rights, some (short-lived)
novelties. As soon as the French left, however, the old rights of fishing
were reinstated once more. In the 1830's the sea was proclaimed free,
while the coastal belt - where fishing was reserved for the natives - was
made a mile wide.
In 1848 the preferential rights of fishing were abolished.
After the fall of the Austro-Hungarian monarchy, the western Istrian
territory came under the rule of Italy. Fishing, however, was still
controlled by the councils (the Bay of Piran therefore belonged to Piran).
In 1931, a uniform law on fishing was passed, with which the right of
fishing was regulated.
The fishing competence in the Bay of Piran after the second World War
are well illuminated by various laws and decrees published by Yugoslav and
Slovene official journals. They enable us to ascertain that the competence
over fishing in the Bay of Piran was claimed, after 1954, by the Republic
of Slovenia, while its implementation was left to the Council of Piran.
The inner part of the Bay was proclaimed a fishing reserve that enclosed
the area between the coast and the line linking the salt repository at
Bernardin with the quarry below Kanegra at Savudrija. Fishing in the
reserve was allowed only with a special permit issued by the Council of
Piran.
UDC 639.22/.23(262.3 Piranski zaliv)(091)"5/19"
Darja MIHELIĆ, Milko Kos Institute of History of the Scientific and
Research Centre of the Slovene Academy of Sciences and Arts, SI-1000
Ljubljana, Novi trg 4.
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