morsko ribarstvo engl

8/12/2019 Morsko Ribarstvo Engl

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LAW ON MARINE FISHERIES AND MARICULTURE

FINAL PROPOSAL


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I GENERAL PROVISIONS

Article 1

Marine fisheries implies, in the terms of this Law, the management of the marine living

aquatic resources and applies to fishing, collecting and protecting of fish and other marineorganisms based on the principles of sustainable development within the fishery sea ofMontenegro.

The present Law shall regulate mariculture as well.

Fish and other marine organisms in the fishery sea of Montenegro are common resourceenjoying special protection and are used in the way and under terms laid down by the presentLaw and other regulations.

Article 2

The fishery sea of Montenegro (hereinafter referred to as the fishery sea! comprises marineand submarine area of internal sea, territorial sea and epi"continental area of Montenegro asdefined by the Law which regulates the sea.

The fishery sea comprises the e#clusive marine economic $ones in accordance with the Law.

The boundary of the fishery sea in the rivers flowing into the sea shall be considered to bethe boundary line where such water ceases to be stably saline.

The boundary line referred to in paragraph % of this &rticle shall be established by theMinistry competent for marine fisheries (hereinafter referred to as the Ministry!.

Article 3

'ompanies and entrepreneurs, that is, other legal and natural persons, may engage inmarine fisheries (hereinafter referred to as the fishery! under the terms set by the presentLaw.

Foreign legal and natural persons may engage in marine fishery in accordance with the Law.

This Law shall apply to the fishery operations of Montenegrin"flagged vessels outside theboundaries of the fishery sea referred to in &rticle ) of the present Law.

Article 4

For the purpose of this Law the following definitions shall apply

1) !ric"lt"remeans the rearing or cultivation of fish and other marine organisms in thefishing sea by using techniques designed to increase the production or the organisms inquestion beyond the natural capacity of the environment*

2) #i$%i&er'it( #i$l$*ic!l %i&er'it() means the variability among living organisms,including terrestrial, marine and other aquatic ecosystems and the ecological comple#es,and the diversity within species, between species and ecosystems*

3) #i&!l&e $ll"'c' L!elli#r!+c,i! cl!'')means filter"feeding lamellibranch molluscs*

4) #$!t 'ei+e'means surrounding nets and towed seines which are operated and hauledby means of ropes and winches from a boat under way or at anchor and not towed bymeans of the main boat engine, consist of two lateral wings and a central bunt either in

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the form of a spoon or with a bag in the rearmost part and may operate from the surfaceto the bottom depending on the target species*

-) tr!.l +et'means nets which are actively towed by the main boat engine and consistingof a cone" or pyramid"shaped body, closed at the bac by a cod"end and which cane#tend at the opening by the wings or can be mounted on a rigid frame* hori$ontalopening is either obtained by otter boards* it can be towed either on the bottom (bottomtrawl net! or in midwater (pelagic trawl net!*

/) #$tt$0'et *ill+etmeans any net held vertically in the water by floats and weights fi#edor being fi#ed by any means to the bottom of the sea and maintain the gear in placeeither close to the bottom or floating in the water column, and which is made up of asingle piece or three pieces of net depending target species*

) #(0c!tc, i' i', .,ic,a! are not the species of fish directly targeted*b! belong to a species not identified as by"catch in the applicable licence*c! includes economic and regulatory discards* andd! does not include fish which are released alive under a recreational catch and release

programme*) c!5!cit( means the capacity of an ecosystem to support healthy organisms, while

maintaining productivity, adaptability and capability of renewal*6) c!tc, liitmeans a quantitative limit on landings of a stoc or group of stocs over agiven period*

17) c$!'t!l .!ter'are rivers, any waters of any channel, bay or estuary, transitional watersand -costal waters as defined under the 'onvention of the /ight of the 0ea of the 1nited2ations 3)+a. ri&er'means a body of inland water flowing for the most part on the surface of the

land or may flow underground for part of its course*b. tr!+'iti$+!l .!ter'means bodies of surface water in the vicinity of river mouths,

which are partly saline in character as a result of their pro#imity to coastal waters, butwhich are substantially influenced by freshwater flows*

c. '"r!ce .!ter $+ t,e l!+%.!r% 'i%e $ ! li+emeans water whose every point is at a

distance of one nautical mile on the seaward side from the nearest point of thebaseline from which the breadth of territorial waters is measured, e#tending whereappropriate up to the outer limit of transitional waters*

11) c$+'er&!ti$+ reere+ce 5$i+t'means values of fish stoc population parameters (suchas biomass or fishing mortality rate, etc.! used in fisheries management, with respect toan acceptable level of biological ris or a desired level of yield*

12) c$r!lli*e+$"' ,!#it!tmeans an area where a part of the seabed is characteri$ed by thedominant presence of a specific biological community named -coralligenous or wheresuch community has e#isted and is in need of restoration action*

13) c$r!l ree means a comple# biogenic structure that was created by continuousoverlapping of previously rocy or hard substratum with limestone layer, which is primarilycreated by covering of calcified red algae and animal organisms (sponges, ascidia,

cnidaria, brio$oe, annelid!, together with other organisms fi#ators of limestone*14) 5l!ce $ t,e ir't l!+%i+* means a anchor, port or other place which meets the

prescribed requirements for landing of fish*1-) re't$c8i+* means releasing of permitted species of fish and other marine organisms in

waters where they occur naturally, in order to use natural aquatic environment to increasethe number of fish and increase the natural recruitment*

1/) %i'c!r%' means the total live weight of undersi$ed, not saleable, or otherwiseundesirable fish, discarded at the time of capture or shortly afterwards*

1)%i&i+* !55!r!t"' means all equipment used in diving including mass, flippers,breathing equipment used in diving scuba gear, air"tans, airlines and pumps*

1)%re%*e' means a fishing vessel which is towed mostly by the main boat engine (boatdredge! or hauled by a motori$ed winch from an anchored vessel (mechani$ed dredge! tocatch bivalves, gastropods or sponges and which consists of a net bag or metal basetmounted on a rigid frame or rod of variable si$e and shape whose lower part may carry a

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scraper blade that can be either rounded, sharp or tooted, and may be equipped withsids and diving boards.a. 4ydraulic dredge means a dredge equipped with hydraulic equipment.b. 4and dredges means a dredge pulled by hand or by manual winch in shallow waters

with or without a boat to catch bivalves, gastropods or sponges and shall not beconsidered towed gears for the purpose of the present Law*

16) !ri+e ec$'('temeans a comple# structural and functional unity of non"living andliving nature, that is, biotopes and biocenosis*

27) ec$'('te !55r$!c, means the comprehensive integrated management of humanactivities based on the best available scientific nowledge about the ecosystem and itsdynamics, in order to identify and tae action on influences which are critical to the healthof marine ecosystems, thereby achieving sustainable use for ecosystem goods andservices and maintenance of ecosystem integrity*

21) ir't '!le i',means fish being mareted for the first time at a designated landing place*22) i', !+% $t,er !ri+e $r*!+i'means a marine animal or a plant and includes any

mussels or other molluscs, crustacean, coral, sponge, sea"urchin or their echinoderm,turtle and marine mammal, their eggs, spawn, spat and juvenile stages*

23) i',i+* !**re*!ti+* %e&ice FAD)means any equipment floating on the sea surface and

aggregating underneath either juveniles or adult specimens of highly migratory species*24) i',i+* c!5!cit(means a vessel5s tonnage in 6T (gross tons! or its power in 7 or inrelation to certain types of fishing activity the number and si$e of fishing tools orequipment, or only the si$e of fishing vessels5 tools and equipment*

2-) i',i+* e$rt $r t,e i',i+* &e''el' e$rtmeans the product of the capacity andactivity of a fishing vessel, and for a group of fishing vessels it is sum of the fishing effortof all vessels in the group*

2/) i',i+* &e''el is a boat, ship or other craft which is equipped for fishing, includingfishing gear, equipment or stores for fish*

2) i',er!+means a natural person who engages in professional fishing on registeredfishing vessel or is included in the activity of fishing*

2) i',i+*means activities related to preparation, searching for, catching, processing and

dispatching of fish that is caught*26) i',i+* t$$l'means an instrument used for fishing*37) i',i+* *e!rmeans an instrument that enables the use of fishing tools*31) i',erie' 'ect$rmeans the sector of the economy, including all activities of catching,

processing and mareting of fisheries and aquaculture products*32) i',i+* means a group of activities related to management of living marine resources,

including activities related to(a! fish species and description*(b! fishing area*(c! fishing method*(d! type of fishing vessel*

33) $rei*+ i',i+* &e''elmeans a fishing vessel which is non Montenegrin"flagged*

34) i',er( re'er&e is a part of the fishery sea favourable to natural reproduction of fish andsustenance of juveniles as well as for other marine organisms*

3-) i+tr$%"cti$+means the process by which a non"indigenous species is moved into anyarea which is outside their natural habitats*

3/) '5$rt0recre!ti$+!l i',i+*means fishing for sport or recreation*3) l$*#$$8 $ c!tc,is a way of recording daily activities of a fishing vessel*3) l$+*li+emeans a fishing gear which comprises a main line carrying numerous hoos on

branch lines (snoods! of variable length and spacing depending on the target species* itmay be deployed either vertically or hori$ontally to the sea surface (surface longline! ornear the bottom (bottom"set longline!*

36) !+!%r$$"' '5ecie' means fish which move to fresh waters for the purpose ofhatchering*

47) c!t!%$re '5ecie'means species of fish which move from the sea into rivers forspawning*

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41) !ri+e #i$0t$9i+'means poisonous substances accumulated by bivalve molluscs as aresult of feeding on planton containing to#ins*

42)!ri+e e+&ir$+e+t means the physical, chemical, geological and biologicalcomponents, conditions and factors which interact and determine the productivity, state,condition and quality of the marine ecosystem, the waters of the seas and the airspaceabove those waters, as well as the seabed and subsoil thereof*

43) !ri+e 5r$tecte% !re!is any area littoral system, together with its overlying water andassociated flora, fauna, historical and cultural features, which has been reserved by law*

44) +!"tic!l ilemeans international nautical miles of 3)9+ metres*4-) +$+0i+%i*e+$"' '5ecie'means species whose historically nown natural range occurs

outside the area of the fishing sea in question*4/) i+%i*e+$"' '5ecie'of fish means fish which has always been in the fishing sea*4)5rec!"ti$+!r( !55r$!c, t$ i',erie' !+!*ee+t means the principle that the

absence of adequate scientific information should not be used as a reason for postponingor failing to tae management measures to conserve target species, associated ordependent species and non"target species and their environment*

4) 5"r'e 'ei+e'means a surrounding net used for catching blue pelagic fish, with plasticbuoys on the top and lead weighs on the bottom so that buoys overbear lead weighs

which enables the net to float on the surface. The net is closed on the top by a rope whichpasses through a system of rings and that enables the fish to be closed inside the net*46)'e! *r!'' #e%means an area where the seabed is characterised by the dominant

presence of phanerogams, or where such vegetation has e#isted and is in need ofrestoration action*

-7) 0ea grass is a collective terms for the species Posidonia oceanica, Cymodocea nodosa,Zoostera marinaand Zoostera noltii*

-1) ',$re 'ei+e'means commercial (surrounding! and towed seines set from a boat andoperated from the shore*

-2) li&i+* !:"!tic re'$"rce'means available and living marine aquatic species of fish andother marine organisms, including anadromous and catadromous species during theirmarine life*

-3) '"'t!i+!#le e95l$it!ti$+ means the e#ploitation of a stoc in such a way that the futuree#ploitation of the stoc will not be prejudiced and that it does not have a negative impacton the marine eco"systems*

-4) tr!5'means fishing gear which is fi#ed to or deployed on the bottom and which acts as atrap to catch fish, and they are constructed in the form of a baset, pot, barrel or cage,and in the majority of cases they comprise a rigid or semi"rigid frame made of variousmaterial (wood, wicer, metal rods, wire netting, etc.! that may or may not be covered withnetting*

--) t,ir% c$"+tr( i',i+* &e''elmeans a fishing vessel flying the flag of, and registered in,a state other than Montenegro and is not a treaty fishing vessel within the meaning of thisLaw and includes a receiving vessel within the meaning of the 'ouncil /egulation+)8:;%;

-/) tre!t( i',i+* &e''el means a fishing vessel belonging to a country or groups ofcountries which is a party to a treaty or convention or other form of internationalagreement and the fishing vessel which have been declared by the


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II MANAGEMENT OF THE LIVING MARINE RESOURCES

3. =rinciples for the sustainable management of the living marine aquatic resourcesand marine environment

Article -

The e#ploitation of living marine aquatic resources is consistent with sustainable economic,environmental and social development.

The sustainable development referred to in paragraph 3 of this &rticle shall be achieved by

3! applying of precautionary approach in implementing measures designed to protect andconserve living aquatic resources while maintaining biological diversity*

+! minimi$ing the impact of fishing activities on marine eco"system*%! implementing an eco"system"based approach in fisheries*8! proper and rational implementation of fisheries activities within an economically viable

and competitive fisheries sector, providing a fair standard of living for those who areengaged in fishing activities and taing into account the interests of consumers*

9! establishing the principles of development of responsible fishing activities*>! obtaining opinion of the ?nstitute of Marine @iology (hereinafter referred to as the

?nstitute! under the process of maing decisions by the competent authorities.

+. =rotection of the marine environment and living marine resources

Article /

Fish and other marine organisms, as well as marine biodiversity must be protected from

threat to their vital environment and overe#ploitation.

The protection referred to in paragraph 3 of this &rticle shall be obtained by implementingmeasures taen in order to preserve bio"ecological reproduction potentials and conditions ofthe environment.

%. Measures on the protection of biodiversity and environmental conditions

Article

Measures on the protection of biodiversity and environmental conditions imply

3! the prohibition of disposal or drainage of liquid or solid wastes originating from productionor processing or any other materials and energy that have adverse effects on the qualityof marine environment*

+! the prohibition of stocing, release of non"indigenous species of fish and other marineorganisms, genetically modified species of fish or other marine organisms into the sea*

%! the prohibition of underwater activities in locations that the permit had not been obtainedfor from the administrative authority competent for fishing activities (hereinafter referred toas the administrative authority!*

8! the prohibition of fishing, collecting and trade in protected species of fish and othermarine organisms.

&rtificial underwater reefs shall be established for the purpose of protecting biodiversity andenvironmental conditions where new biological habitats can be established.

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8. 0trategy of Fishery ! the preserving of human resources in the fisheries sector, in particular through upgrading

professional sills, securing sustainable employment and enhancing the position and therole of women*

:! the protection and enhancement of the environment in the fisheries sector.

?n drawing up the 0trategy, for the purpose of assessment of planned sustainabledevelopment through integration of environment protection and enhancement and gender

equality, the Ministry has a duty to consult especially with

3! the competent national and local public authorities*+! the scientific and other e#pert institutions, organisations and bodies*%! the interested legal and private entities in fisheries sector.

The 0trategy referred to in paragraph 3 of this &rticle shall be adopted by the 6overnment ofMontenegro (hereinafter referred to as the 6overnment! for the period of 3A years.

The 0trategy may contain the data on priorities, goals, estimation of necessary funds and thedeadlines for

3! the provision of equipment, funds and other conditions for performing inspectionsupervision over fisheries activities and collecting the data and information that areimportant for the common fishing policy*

+! the supply of fish and fisheries and the development of fishing activities outside thefishing sea in accordance with international agreements.

9. 2ational


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The 2ational =rogramme contains mid"term and short"term goals of the fisheriesdevelopment, types of measures and programme, e#pected results, and provisional amountsand sources of funds that are necessary for implementing fishery policy measures.

The 2ational =rogramme shall be adopted by the 6overnment for the period of 9 years.

The 2ational =rogramme shall be published in the -Bfficial Cournal of Montenegro.

>. ! the specific technical measures to be implemented, including the measures for the

protection of fish stoc*:! the scientific basis for the Management =lan which, if so defined, shall be changed from a

stoc"based approach to an eco"system based approach*

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)! the means needed for achieving of the planned objectives as defined by the 0trategy*! the economic impact of planned measures on the fishery*3A! the criteria for assessing the efficiency of the =lan*33! the date of review of achieved results in implementing the Management =lan by the

authorities, which must be implemented notwithstanding the duty of continuousmonitoring of implementation of the Management =lan.

The Management =lan may also define guidelines for

3! the issue of permits which may, but do not have to, cover only boats, gear, fishermen orthe method of control of catching of fish and other marine organisms*

+! the issue of specific permits for e#perimental fishing*%! the issue of special permits for specific types of vessels and for the vessels smaller than

3A metres*8! minimi$ing discard*9! the way of monitoring of fishing vessels whose length is below 39 metres*>! the issue of permits for sport fishing or diving*:! temporary diverting from the Management =lan, including technical measures or other

limits for fishing area related to gear or vessels*)! the restrictions, as needed, for implementing fishing activities.

?n the preparation or review of the Management =lan, there shall be a duty on the competentauthority responsible for its preparation or review to consult with the competent authoritiesand local authorities, fishermen or representatives of fishermen5s associations and other legaland natural entities who are interested in managing the fishery.

:. Dmergency management measures

Article 12

?f there is evidence of a serious and unforeseen threat to the living marine resources ormarine ecosystems resulting from fishing activities, in the fishery waters of Montenegro, theauthorities shall be obliged to tae emergency measures to counter that threat.

The measures referred to in paragraph 3 of this &rticle may not last longer than three months.

D#ceptionally from paragraph + of this &rticle, emergency measures may last longer thanthree months subject to the assessment of the competent authority.

?f the measures referred to in paragraph 3 of this &rticle are taen under the terms of aninternational agreement, the competent authority shall notify the body of another memberstate administering that agreement and the regional fishing advisory body by sending a draftof those measures, together with an e#planatory memorandum, before adopting them.

). =rotected fishing areas

Article 13

For the purpose of protecting fish and other marine organisms, the Ministry shall declareprotected fishing areas.

=rotected fishing areas for the purpose of this Law shall be parts of fishing sea which arefavourable for natural reproduction of fish and feeding of juveniles and other marine

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@oundaries and maring of protected fishing areas referred to in paragraph + of this &rticle,as well as measures of protection and development shall be defined by the Ministry based onthe opinion obtained from the ?nstitute.

?f it is established during the declaration of protected fishing areas in the fishing sea that therespective area may affect fishing activities of another country or member countries of aninternational agreement, the protected fishing area may be declared after obtaining approvalfrom a competent authority responsible for implementation of an agreement of anothercountry or countries engaged in regional fisheries advisory body, in accordance with theprocedure set out by an international agreement.

Article 14

?n protected fishing areas, it is prohibited to

3! engage in fishing or attempt to fish*+! tae or destroy fauna or flora*%! place or e#ploit sand or gravel, leave or dispose waste or any other polluting material, or

disturb in any way, change or destroy environment*8! build or establish structures on the ground or across water*9! implement other activities which may have an adverse impact on ecosystems of the

protected fishing area.

7ith the e#ception from paragraph 3 of this &rticle, fishing in certain periods and with specificfishing means may be permitted based on the approval obtained from the competentauthority

3! for the purpose of reproduction, cultivation and stocing of new fishing areas*+! due to arrival of larger quantities of certain species of fish and other marine organisms.

The prohibited activities referred to in paragraph 3 of this &rticle may be implemented basedon the approval obtained from the competent authority if such activities are needed formanagement in protected fishing areas.

The time, fishing means and specific technical rules for fishing in protected fishing areas shallbe defined by the Ministry.

. =rotected species of fish and other marine organisms

Article 1-

The species of marine fish and other marine organisms, including anadromous andcatadromous species, shall be declared to be protected species by the 6overnment on theproposal of the Ministry and based on the approval obtained from the Ministry responsible forenvironment protection.

The list of protected species of fish and other marine organisms shall be published in the-Bfficial Cournal of Montenegro.

?t is prohibited to catch, tae, receive, buy or sell, store, transport and retain on board any ofthe protected species of fish and other marine organisms.

3A. =rotection of juveniles and other marine organisms and minimum si$e limits

Article 1/

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The minimum si$e limits of fish and other marine organisms, including anadromous andcatadromous species, below which it is prohibited to catch and trade fish, shall be set by theMinistry.

7ith the e#ception from paragraph 3 of this &rticle, the competent authority may, on theproposal of the ?nstitute, for the purpose of cultivation, stocing and research activities, permitthe catch of juveniles, reproductively immature species of fish and other marine organisms inspecific localities, in specific time and with use of specific fishing tools.

?t is an offence to catch, tae, receive, buy or sell, store, transfer or tranship or retain on board afish or other marine organism which is smaller than the minimum si$e.

33. =rohibited area and season closure

Article 1

For the purpose of protecting fish and other marine organisms, or parts of fishing sea which

are favourable for natural reproduction of fish and feeding of juveniles and other marineorganisms or fragile environments, the Ministry may prohibit fishing for a certain period.

The list referred to in paragraph 3 of this &rticle shall specify

3! the species or classes of fish and other marine organisms whose catch is prohibited*+! the geographic coordinated of the area that is closed*%! the starting time and the length of time of any seasonal closure* and8! the measures for protecting and promoting fishery, based on opinion of the ?nstitute.

?t is prohibited to trade in fish and other marine organisms during closed seasons and fromprohibited areas.

7ith the e#ception from paragraph 3 of this &rticle, the competent authority may, on theproposal of the ?nstitute, permit the catch of

3! juveniles,+! reproductively immature species of fish and other marine animals in specific localities,%! at specific times and with use of specific fishing gear for the purpose of cultivation,

stocing and research activities.

Article 1

For the purpose of protection from overfishing of all classes of mature fishes and othermarine organisms, the Ministry may

3! declare closed season for specific species of fish and other marine organisms, or prohibitthe use of specific fishing tools for economic and sport"recreational fishing*

+! define the main constructive and technical characteristics, method of use, the time andpurpose of specific types of tools and gear for economic and sport"recreational fishing*

%! specify the si$e of fish and other marine organisms to which they may be caught andtraded in.

Article 16

Fishing in the area of port, entrance and access way and anchorage is prohibited.

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7ith the e#ception from the paragraph 3 of this &rticle, fishing in the area of port, entranceand access ways and anchorages is allowed only if user of the port, with approval of the =ortMaster5s Bffice and opinion of the ?nstitute, permits fishing in these areas.

Fishing is permitted in the areas of channels and internal marine routes only if it does nothinder the navigation of other ships and other vessels.

Fishing is not permitted in areas of arranged and mared swimming beaches in the periodMay 3 E Bctober 3, from sunrise to sunset.

Article 27

For the purpose of rational use and the protection of economically important species of fishand other marine organisms, based on opinion obtained from the ?nstitute, the Ministry shallspecify

3! the number and si$e of vessels, horsepower of engines of vessels, type and quantity of

fishing tools and gear for which fishing is allowed in specific fishing areas*+! restriction, i.e. prohibition of fishing in a specific fishing area*%! the permitted catch or collecting per one licence*8! the number of licences for specific types of fishing.

Licences for using a location for delivering training to divers and sport"recreational activitieson the sea shall be issued by the competent authority.

Article 21

?t is prohibited to catch fish and other marine organisms with e#plosive, chemical substancesor other means which ill, into#icate or poison them, as well as collecting and trading in fish

and other marine organisms caught in that way.

?t is prohibited to eep on board or on the shore e#plosives or chemical substances that ill,poison or into#icate fish and other marine organisms.

Article 22

?n carrying out commercial or sport"recreational fishing, it is prohibited to use divers5apparatus with underwater gun and artificial lights, as well as eeping these means on boardor carry them by the shore or eeping them on the shore.


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Article 24

?n the area of the @ay of @oa otorsa fishing with the following means is prohibited

3! bottom trawls*+! floating trawls, and%! encircling large"scale fishing nets.

7ith e#ception from the paragraph 3 of this &rticle, institutions engaged in scientific andresearch activities in the field of marine fishery can be allowed to fish with means stated inparagraph 3 of this &rticle, provided that such fishing is necessary for reali$ation of theresearch programmes of the institution concerned.

The researching programmes referred to in paragraph + of this &rticle shall be approved bythe Ministry.

The permit referred to in paragraph + of this &rticle shall be issued by the competentauthority.

Article 2-

For the purpose of protecting general marine biodiversity, fishing with bottom trawls andfloating trawls in shallower $ones of the littoral is prohibited at the distance of three nauticalmiles that follows the configuration of the shore, or at the depth of 9A metres in case theisobath of 9A metres where that depth is reached at a distance shorter than three nauticalmiles.

7ith the e#ception from paragraph 3 of this &rticle, a ship with a net overboard can approachthe shore to the depth lesser that the one prescribed in case it is damaged and if it hadpreviously notified the nearest =ort Master5s Bffice.

Article 2/

?n order to protect rocy shores as a special habitat in the fishery sea, catching, trading onthe whole territory of Montenegro or e#porting of date"shell (Litophaga litophaga! isprohibited.

3+. Fisherman5s post for trawl nets

Article 2

Fisherman5s post for trawl nets in the @oa otorsa @ay is a part of the shore up to 39A mlong with gravel and sandy bottom, which is not fenced and which does not have a harbour ormoor, or where a net with the catch can be towed onto the shore.

The fisherman5s post is used e#clusively at night and early in the morning.

Fisherman5s posts can be used as beaches during days.

The fisherman5s post must be visibly mared with a board with the name, number, length ofthe beach it comprises and instructions for its maintenance.

The method of use, maintenance, protection, maring and the length of the beach, name andthe location of the fisherman5s post shall be stipulated by the Ministry.

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3%. Fish aggregating devices

Article 2

=lacing a fish aggregating device in a certain location in the fishing sea must be based on the

approval issued by the competent authority based on the request

Technical characteristics of the fish aggregating devices shall be stipulated by the Ministry.

The terms for fishing in the area of one nautical mile diameter from the place where thedevices or several devices are installed shall be stipulated by the Ministry.

&pproval for fishing in the area referred to in paragraph % of this &rticle, based on therequest, shall be issued by the competent authority.

4olders of the permit for fishing in the area referred to in paragraph % of this &rticle shall taeall defined measures of protection and management, unless special measures are prescribed

which shall not be applicable to fish which is caught in that area.

?t is prohibited to remove and move fish aggregating devices from the approved place.

& person who removes or moves the devices referred to in paragraph > of this &rticle shall beresponsible for the resulting damages.

/egulating of fishing in the area referred to in paragraph % of this &rticle, maring andidentification of the space and area for placing fish aggregating devices, following theproposal of the ?nstitute, shall be stipulated by the Ministry.

III MEASURES OF THE FISHER= POLIC=

Article 26

Measures of the Fishery =olicy shall be defined for the purpose of implementing goalsdefined by &rticle 9 of the present Law.

The measures of the Fishery =olicy shall include measures for

3! improving fishing fleet*+! the development of aquaculture, processing, selling of fish and fisheries and aquaculture

products*%! collective actions*8! the sustainable development of fishing areas*9! the technical support.

3. ?mproving of fishing fleet

Article 37

The measures for improving the fishing fleet shall relate to

" procurement or building fishing vessels*" moderni$ation of e#isting fishing vessels*" improving of management and control of fishing on shores.

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>./eport on the implementation of the 2ational =rogramme and the &gricultural@udget

Article 3/

&nnual report on the disbursement of agricultural budget shall be prepared by theMinistry and submitted to the 6overnment for approval not later than March %3 stof thecurrent year for the ne#t year.

The report referred to in paragraph 3 of this &rticle shall also contain assessment ofeffects of the Fishery =olicy for the year it refers to.

IV COMPETENCIES

3. 'ompetent &uthority

Article 3

The administrative and the related professional activities in marine fishery shall beimplemented by the 'ompetent &uthority in accordance with the Law.

Article 3

For the purpose of enforcing the principles stipulated in &rticle 9 of this Law, the ?nstitute shallperform the following tass

3! research and assessment of fish stoc*

+! monitoring the condition and assessment for the purpose of sustainable e#ploitation offish and other marine organisms*%! monitoring the population dynamics of fish*8! preparing of professional basis for the 0trategy, Management =lan and mariculture

development*9! monitoring of the quality of water and biomonitoring*>! stipulating technical and technological terms for all types of fishing*:! providing professional assistance in conducting fishery and mariculture tass and

reporting on implemented activities on the request of authorities.

+. Financing

Article 36

The funds from the budget of Montenegro are provided for preparing

3! the 0trategy*+! the Management =lan*%! the =rogramme for monitoring the quality of sea water and parts of the sea used for

catching and aquaculture*8! the 2ational programme for monitoring, control and supervision of fishing vessels,

financing or co"financing of the measures of Fishery =olicy and measures related toorgani$ing common maret of fish and fisheries and organi$ing producers.

3>


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7ith the e#ception from paragraph 3 of this &rticle, some employed and retired persons mayengage in small"scale commercial fishing.

Terms, fishing tools and equipment, the fishing period and a way of issuing permits for thefishing referred to in paragraph + of this &rticle shall be laid down by the Ministry.

Article 4/

Fishing capacity is defined according to the horsepower of the engine, gross capacity andtype of vessel, si$e and number of nets and angles, number and intensity of lamps,equipment, etc.

0ignificance of the commercial fishing is defined according to the species and commercialvalue of the fish and other marine organisms.

Article 4

The amount of fee paid for carrying out commercial fishing is defined based on the fishing

capacity and significance of commercial fishing.

?ndividual fees, based on the criteria referred to in paragraph 3 of this &rticle, shall be definedby the 6overnment.

Article 4

@ased on the criteria referred to in &rticle 8> of this Law, commercial fishing is divided intolarge"scale and small"scale commercial fishing.

3. Large"scale commercial fishing

Article 46

Large"scale commercial fishing is the fishing carried out by using fishing vessel which issmaller than 3+ and longer than 3+ m over all, with the following fishing tools and equipment

3! bottom tow nets E trawls*+! pelagic (floating! trawls*%! purse seines E Gplivarice5*8! shore seines*9! beach seines*>! set nets*

:! fish traps*)! harpoons with and without the use of artificial light*! long"lines and other hoos*3A! scampi traps (Nephrops norvegicus!*33! traps for big crustaceans, and3+! -tramata nets, also the nets for catching shellfish and other marine organisms.

=urpose, technical characteristics and the quantity of fishing tools and gear that is allowed foruse in large"scale commercial fishing shall be laid down by the Ministry.

3)


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+. 0mall"scale commercial fishing

Article -7

0mall"scale commercial fishing is the fishing carried out by fishing vessels shorter than 3+ moverall, with the following fishing tools and equipment

3! set nets*+! fish " traps for catching fish*%! harpoons with and without the use of artificial light*8! long"lines and other hoos*9! shore seines E -ogola*>! -alimera and hand dredge E -grib, as well as collecting of shells and other marine

organisms.

=urpose, type, technical characteristics and the quantity of fishing tools and gear that isallowed for use in small"scale commercial fishing is laid down by the Ministry.

Article -1

'ompanies and entrepreneurs can carry out commercial fishing in fishing areas with thefishing vessels, tools and gear which is stated in the permit for commercial fishing.

The permit for commercial fishing must always be ept on board of the fishing vessel.

%. /egister of Fishermen

Article -2

The /egister of Fishermen referred to in &rticle 89, paragraph 3 of this Law shall beestablished and managed by the &uthorities.

/egistration in the /egister of Fishermen is performed based on applications.

The following evidence shall be submitted together with the application referred to inparagraph + of this &rticle

3! that applicant is the owner or user of the fishing vessel based on the agreement of leasefor the period for which a permit for commercial fishing is requested*

+! that the title of a captain of the ship, for the type and the si$e of fishing vessel, is obtainedin accordance with the Law that regulates marine transportation, or based on national and

international standards*%! that it is registered for commercial fishing.

The fulfilment of the requirements stipulated in paragraph % of this &rticle shall be determinedby the &uthority.

The complaint related to the 'ertificate referred to in paragraph 8 of this &rticle and otherindividual legal documents, which are approved by the &uthority in accordance with this Law,shall be decided upon by the Ministry.

The form, content and a manner of eeping the /egister of Fishermen referred to inparagraph 3 of this &rticle shall be defined by the Ministry.

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8. =ermits for commercial fishing

Article -3

=ermits for commercial fishing shall be issued by the competent authority based on publictender which shall be published in minimum one printed media distributed throughout

Montenegro.

The request for issuing the permit shall contain

3! the name and location of the company, i.e. the name and surname of entrepreneur andthe type of commercial fishing for which the permit is requested*

+! the name and registration number of the fishing vessel or a group of fishing vessel if thenature of commercial fishing requires the use of more than one vessel*

%! the type, technical characteristics and the number of fishing tools and gear for carryingout the requested commercial fishing*

The application shall be followed by the evidence that

1) it is registered in the /egister of Fishermen*2) consent from the ?nstitute for technical and technological characteristics of fishing tools

and gear stated in the application for commercial fishing*3) certificate from the register of @oats, a copy of the registration list for the fishing boat or a

certificate of the status of entry in the /egister of fishing boats, that is, the permit forsailing for the fishing boat which is registered for commercial fishing*

The fulfilment of the requirements stipulated in paragraphs + and % of this &rticle shall bestipulated by the decision of the &uthority.

9. The content of the permit for commercial fishing

Article -4

The permit for commercial fishing is issued separately for every fishing vessel and shallcontain

3! the name of the company, i.e. the name and surname of entrepreneur who is issued thepermit for carrying out commercial fishing*

+! the name, i.e. the registration mar of the vessel or a number of vessels if the type of thecommercial fishing requires using more than one fishing vessel*

%! fishing area where commercial fishing is permitted*

8! the purpose, type, technical characteristics and the number of fishing tools and gear thatis used for commercial fishing*9! identification data for the fishing vessel and the power of the engine*>! amount of fees to be paid.

The permit referred to in paragraph 3 of this &rticle may contain

3! a period of closed season for commercial fishing*+! the type and the quantity of fish that may be caught*%! fishing methods*8! terms of landing and loading and the place of the first landing.

Article --

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?n case of a change of the company, the owner or the lessee of vessel shall be issued a newpermit for commercial fishing in accordance with the defined terms.

The permit referred to in &rticle 9%, paragraph 3 of this Law may be issued to a holder of thepermit after the fee for commercial fishing is paid.

The amount of the fee referred to in paragraph + of this &rticle shall be determined by the6overnment, following the proposal of the Ministry.

The permit referred to in paragraph + of this &rticle shall be issued for the period of 9 years.

7hile issuing permits referred to in paragraph 8 of this &rticle, the priority shall be given,under equal conditions, to e#isting holders of such permits.

The form of the permit and the method for paying the fee referred to in paragraph + of this&rticle shall be set by the Ministry.

>. 0uspension, alternation and transfer of permits for commercial fishing

Article -/

The permit for commercial fishing shall cease in case of

3! the death of the private entity*+! the cease of the company*%! the cease of commercial fishing*8! the cease of requirements for registration with the /egister of Fishermen in accordance

with the present Law*9! the commercial fishing is not commenced within the period defined by the permit*

>! the terms of the permit are not fulfilled or weanesses are not removed within the definedperiod*

:! the e#piry of the registration or the purpose of the fishing vessel*)! the removal of the fishing vessel from the /egister of boats*! the failure to meet the requirements for acquiring the permit*3A! the occurrence of reasons for taing emergency measures for protection of a marine

resource in accordance with the Management =lan*33! the failure to eep daily records of fishing activities into the logboo of the catch*3+! the failure to submit a declaration on the landing of the total catch to the &uthority, or a

fishery inspector within 8) hours, that is landed in the mared landing port*3%! the application of the permit holder*38! the failure to engage in commercial fishing in accordance with the Law.

The permit may be altered

3! on the request of the ?nstitute for the purpose of protecting a marine resource,+! in emergency cases in accordance with the =lan.

The permit for commercial fishing may be transferred from the permit holder to other holdersin case of losing, selling or giving of the fishing vessel, tools and gear which are listed in thepermit for commercial fishing.


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:. /egistration of fishing vessels

Article -

@ased on the permits for commercial fishing, the &uthority shall register fishing vessels with

the /egister of Fishing Hessels (hereinafter the /egister!.

The /egister shall be managed by the competent authority.

The fishing vessel registered in the /egister of vessels shall have an identification mar.

The content and the way of managing the /egister of vessels and the identification marreferred to in paragraph + of this &rticle shall be defined by the Ministry.

). Maring of fishing gear

Article -

4olders of permits for commercial fishing are prohibited to use beam trawl, set net of anytype, long"line and floating net in the fishing sea beyond 3+ nautical miles of the territorial seafor maring and other gear if not mared in defined places.The gear and the manner of maring of the gear referred to in paragraph 3 of this &rticle shallbe stipulated by the Ministry.

@. 0=B/T E /D'/D&T?B2&L F?04?26

Article -6

0port"recreational fishing may be practiced by private entities who hold a permit for sport"recreational fishing.

The form of the permit for sport"recreational fishing shall be distributed by the competentauthority to the &ssociation for 0port Fishing in the fishing sea of Montenegro (hereinafterthe &ssociation!

The permit for sport"recreational fishing shall be issued by sport"recreational clubs who aremembers of the &ssociation.

?n municipalities which do not have sport"fishing club which is a member of the &ssociation,the permit shall be issued by the competent authority responsible for sport and recreation.

The &ssociation shall report to the competent authority on the number of issued permits atthe end of the si#"month period during the validity of the permit.

The permit for sport E recreational fishing may be used only by the person on whose namethe permit is issued.

The holder of sport"recreational fishing shall be obliged to have the permit at his;her sidewhile carrying out sport"recreational fishing activities.

The form and the way of distributing the forms for permits for sport"recreational fishing shallbe defined by the Ministry.

Article /7

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The permit for sport E recreational fishing may be permanent and temporary.

The permanent permit for sport E recreational fishing shall be issued for the current calendaryear, and the temporary permit shall be issued for the period not e#ceeding %A days.The temporary permit for sport E recreational fishing may be issued to a person who is not aciti$en of Montenegro.

Article /1

& fee is paid for sport E recreational fishing.

The amount of the fee referred to in paragraph 3 of this &rticle, depending on the validityperiod of the permit, shall be defined by the Ministry.

)AI of the funds generated from fees referred to in paragraph 3 of this &rticle shall be theincome of the sport"recreational club, that is, the competent authority who issues the permit,and +AI shall be the income of the &ssociation.

The sport"recreational club referred to in paragraph % and the competent authority referred toin paragraph 8 of &rticle 9 of the present Law shall be obliged to organi$e guarding servicein the appropriate part of the fishing sea where sport"recreational fishing is conducted.

Article /2

0port E recreational fishing may be carried out by allowed fishing tools and gear.

The quantity of fish that the holder of the permit for sport"recreational fishing may catchduring one day shall be defined by the Ministry.

& holder of the permit for sport"recreational fishing must not trade in the caught fish.

Article /3

0port"recreational fishing must not hinder commercial fishing.

eeping fishing gear and tools on vessels without the permit for sport"recreational fishing isprohibited.

'arrying underwater gun by the coast and on the vessel without the permit for fishing withunderwater gun is prohibited.

0port E recreational fishing with underwater guns between sunset and sunrise is prohibited.

0port E recreational fishing with underwater guns is prohibited to persons under the age of3>.

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Article /4

Membership cards of sport fishing and diving clubs do not have the power of permits for sport Erecreational fishing.

Article /-

&pproval for holding /epublic and international competitons in sport fishing is issued by theMinistry.

The quantity of fish caught for national competitions in sport fishing is not limited.

Article //

The method, the type and the number of fishing tools and gear which is permited to be used insport"recreational fishing, the form and the content of the permit for sport"recreational fishingshall be stipulated by the Ministry.

VI MARICULTURE

3. Mariculture


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3! registered in the '/'' for engaging in mariculture*+! the =roject for technical and technological requirements of mariculture is approved,

together with the Dlaborate on economic viability of the investment, and%! hold a permit for engaging in mariculture.

The competent authority shall manage the /egister of cultivation sites and the /egister ofprocessors of fish and other marine organisms.

The form, the content and the method for managing the /egisters referred to in paragraph +of this &rticle shall be defined by the Ministry.

%. =ermits for maricultureArticle 7

The permit for mariculture shall be issued based on the application for individual cultivationgrounds.

The following documentation is to be submitted with the application

3! approval issued by the competent authority for the =roject for technical and technologicalrequirements of mariculture and the Dlaborate on economic viability of the investment,which will contain especially cultivated species of fish and other marine organisms,description of cultivation technology, si$e of annual production in tons, equipment to beinstalled in the location, potential impact of the proposed cultivation on environment andprotection measures for restricting or elimination riss for environment and ris ofdiseases*

+! certificate from the /egister of the '/''*%! drawing of the location with a total si$e of the cultivation ground*8! approval of water management*

9! vet and sanitary approval*>! environmental impact assessment for cultivation of fish and other marine organisms in

accordance with the Law.

The &uthority may request from the applicant to provide additional clarifications in writingregarding issues that are important for the implementation of the =roject of technical andtechnological requirements of mariculture with the Dlaborate on economic viability of theinvestment.

The fulfilment of the requirements defined in &rticle > paragraph 3 and &rticle :A paragraph+ of the present Law shall be verified by the competent authority, which issues mariculturepermits as well.

Article 1

The competent authority issues the permit for mariculture for the purpose of scientific andresearch activities.

8. 'ontent of the mariculture permit

Article 2

The permit shall contain

3! the name and headquarters of the company or the name and address of entrepreneurwho is issued the permit*

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+! the name of the site with spatial coordinates and the si$e of the cultivation ground*%! the start of mariculture activities following the date of the permit issuance*8! species and quantity of fish and other marine organisms to be cultivated on the approved

cultivation ground and the permit validity*9! amount of the fee.

The permit referred to paragraph 3 of this &rticle must at all times be ept on the registeredcultivation ground.

The permit referred to in paragraph 3 of this &rticle may be issued after payment of the feefor mariculture.

The amount of the fee referred to in paragraph % of this &rticle shall be defined by the6overnment on the proposal of the Ministry.

The funds generated by fees paid under paragraph 8 of this &rticle are the income of thebudget of Montenegro.

The permit referred to in paragraph 3 of this &rticle shall be registered in the /egister of=ermits managed by the competent authority.

The form of the permit, fee permit method, and the form, content and the way of eeping the/egister of =ermits shall be defined by the Ministry.

Article 3

4older of the mariculture permit may cultivate the species and the quantity of fish or othermarine organisms which are stated in the permit.

The permit referred to in paragraph 3 of this &rticle may be issued for ma#imum five years,

with an option of e#tension, subject to results achieved in the designed cultivation.

9. =rinciples of good manufacturing practices in mariculture

Article 4

Mariculture activities shall be e#ecuted in line with principles of good manufacturing practicesin the field of mariculture.

The principles of good manufacturing practices referred to in paragraph 3 of this &rticle shallbe defined by the Ministry.

&dherence to principles referred to in paragraph + of this &rticle shall be taen into accountfor issuing and suspension of mariculture permit in accordance with the present Law.

>. 'hanges to the structure, gear and way of maintenance

Article -

4older of the mariculture permit cannot change terms related to the structure, gear and a wayof maintenance of cultivation grounds without prior consent of the &uthority.

The &uthority may, without a request from the permit holder, change or amend the termsreferred to in paragraph 3 of this &rticle if proven to be in the interest of good manufacturing

practices in mariculture or environment protection.

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:. /enewal of permits

Article /

/enewal of permits shall be performed by the &uthority based on the request of the permit

holder.The request referred to in paragraph 3 of this &rticle is to be submitted within minimum ofthree months prior to e#piry of the valid permit.

The competent authority may refuse the request for the permit renewal if

3! the holder of the permit has not fulfilled a requirement under which the permit was issuedor has not removed weanesses within the defined period*

+! the holder of the permit violated or engaged in mariculture contradictory to provisions ofthe present Law*

%! the permit renewal would not be in line with the Mariculture


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. 'ancellation and changes to mariculture permits

Article

The &uthority may suspend a mariculture permit if

a! the holder ceased mariculture activities*b! the holder has not commenced mariculture activities in the period stipulated in the permit*c! the holder has not followed the terms of the permit or has not removed weanesses in the

defined period*d! the suspension is in the interest of environment protection*e! the holder failed to report the presence of any disease or harmful organism or the licence

has failed to tae all possible measures to prevent the spread of disease or of anyharmful organism in or outside the cultivation ground, including destroying fish and othermarine organisms and fishery products, as well as disinfection of products as requiredunder &rticle )8 paragraphs 3 and % of the present Law*

f! the holder fails to conduct mariculture in accordance with the present Law.

The competent authority may, on the proposal of the ?nstitute, alter the terms of maricultureoperations stipulated in a permit where there are specific environmental or disease"controlimplications resulting from the use of the equipment or procedures of control which arespecified in such licence.

7here a mariculture licence is suspended or altered, it is prohibited to harvest or remove fishor other marine organisms from the mariculture site.

7hen a mariculture licence is altered, it is prohibited to continue mariculture operations onthe mariculture site for which the licence was altered if the equipment and principles of goodmariculture production stipulated by the licence are not used.

Article 67hen a mariculture licence is not renewed under &rticle :> of the present Law, or when amariculture licence is cancelled under &rticle :) paragraph 3 of the present Law, the holderof the last valid mariculture licence shall remove from the site all mariculture gear and shallrestore that site to its natural state.

3A. Bwnership of mariculture products

Article 7

Fish and other marine organisms specified in a mariculture licence, while enclosed within theboundaries of the site, shall be the ownership of the permit holder.

Fish and other marine organisms referred to in paragraph 3 of this &rticle which leave themariculture site shall be the property of the permit holder for that site within 3AA metres fromthe boundary of the site.

33. ?ntroduction and transfer of fish and other marine orgnisms

Article 1

?t is prohibited, without a permission of the competent authority, to introduce into the fishingwaters of Montenegro alochtonous species of fish and other marine organisms or genetically

+)


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modified fish and other marine organisms, and their transfer from one mariculture site toanother, or from one place in Montenegro to another.

The permission referred to in paragraph 3 of this &rticle shall be issued by the &uthority withprior approval on the environment assessment from the 6overnment authority competent forenvironment protection.

3+. 4andling and mareting of mariculture products

Article 2

The permit holder or other entity may not, for the purpose of mareting, remove, transport,present or offer for sale fish and other marine organisms from the mariculture site or fisheryproducts in contradiction to the present Law.

3%. =revention control of diseases in mariculture

Article 3

For the purpose of ensuring preventive control of diseases in mariculture, it is necessary to

3! ensure that facilities for filtering, distribution and similar business facilities located insidethe $one for cultivation of molluscs have a licence for construction or operations inaccordance with the Law*

+! facilities for processing of fish and other marine organisms have a licence for constructionor operations under the Law*

%! holder of a mariculture permit can provide evidence of implementing principles of goodmanufacturing practice in mariculture.

The terms for mareting molluscs shall be defined by the Ministry.

38. =revention and reporting on diseases

Article 4

&ny permit holder or other person engaged on the mariculture site shall immediately report tothe &uthority or an inspector the presence of any disease of harmful organisms in amariculture facility.?f it is established that due to diseases or harmful organisms on the cultivation site, there is a

ris for water organisms or environment, the competent shall be obliged to

3! order the isolation, quarantine or treatment of fish and other marine organisms infected or

thought to be infected with a disease or harmful organism*+! destroy or restrict the movement of fish and other marine organisms that are infected or

thought to be infected with a disease or harmful organism*%! quarantine mariculture site for which the &uthority reasonably suspects that a disease or

harmful organism is present.

The measures referred to in paragraph + of this &rticle shall be implemented by the permitholder or a person woring on the cultivation site for the purpose of preventing the spread ofdiseases or harmful organisms inside or outside the cultivation site, including the destroyingof fish and other marine organisms or fisheries, and the disinfection of the cultivation site.

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39. /eporting on fish"escaping

Article -

=ermit holder has a duty

3! to ensure the containment of fish within the confines of a fish"farm,+! to prevent the escape of live fish from a mariculture site.

=ermit holder, where an escape has taen place, shall

3! immediately inform the &uthority, or fisheries inspector, and+! tae immediate steps to recover the escaped fish.

7here fishing"escape is caused by negligence of the permit holder, he shall be liable forrecovery of costs for any environmental damage caused by the escape of such fish.

3>. Measures in mariculture

Article /

The competent authority may order the permit holder or other entity, who are engaged inwors and other operations which are actually or potentially harmful to the environment or thehealth of fish and other marine organisms in or outside the mariculture site, to tae measuresin order to

3! prevent, control and reduce parasites*+! control of fish disease*

%! contain fish*8! prevent escape of fish,9! recover escaped fish*>! cease harmful discharges into the fishery waters or any mariculture $one*:! cease any building wor or other activity which is causing or is capable of causing harm to

the fishery waters or any mariculture $one.For the purpose if implementing goals referred to in paragraph 3 of this &rticle, a measure ofsuspension of wors may also be enforced, as well as other measures and activities inaccordance with the Law.

3:. eeping of records and reporting in mariculture

Article

4olders of a permit for mariculture shall eep evidence on

3! the movements of fish and other marine organisms and fishery products inside andoutside mariculture site or the site for cultivation of molluscs*

+! the mortality in every epidemiological unit which is important for the cultivation type*%! the results of monitoring of health of species cultivated on the cultivation ground*8! the fish escape.

/egistered processors of fish and other marine organisms shall eep records on the quantityand species of fish and other marine organisms taen from some mariculture sites, the typeand quantity of processed and delivered products of fish and other marine organisms andbuyers of those products.

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Transporters of products from mariculture shall eep records on

3! the mortality in transport related to the type of transport vehicle and transported types ofmariculture products, and cultivation grounds and processing plants* and

+! change of water during transport, especially on the sources of new water and places ofthe discharge of water.

The records referred to in paragraphs 3 and + of this &rticle shall be ept for 9 years.

The form, content and a way of eeping records referred to in paragraphs 3 and + of this&rticle shall be set by the Ministry.

3). 7ater quality monitoring and biomonitoring in fishing sea

Article

For the purpose of protecting public health and mariculture, the Ministry shall, on the proposal

of the &uthority, pass the =rogramme of the 7ater Juality Monitoring and @iomonitoring inthe fishing sea, which shall provide timely information to permit holders of the occurrence orimminent occurrence of any pollution or natural phenomenon, which may have a harmful ordetrimental effect on the mariculture $one or mariculture production.

7hen a mariculture $one is affected by pollution or natural phenomenon, the &uthority mustimmediately order the testing of the water of the affected area and of the mariculture productsfarmed in that $one to determine

3! whether mariculture activities can be continued*+! whether the mariculture products farmed therein are fit for human consumption*%! whether the selling or mareting of the mariculture products that are unfit for human

consumption should be prohibited.

?f the results of the tests referred to in paragraph + of this &rticle show that the water qualityof the affected area is unsuitable for the continuation of mariculture or, the competentauthority shall order the closure of the mariculture facility and prohibit the same or maretingof mariculture products farmed therein, and inform the public by national media on theclosure of the mariculture facility and the prohibition of sale or mareting of maricultureproducts from the mariculture facility affected by the pollution or natural phenomenon.7hen the tests show that the water quality of a mariculture $one that is affected by pollutionor natural phenomenon is suitable for mariculture or for products farmed therein are fit forhuman consumption, the competent authority shall suspend the prohibition under paragraph% of this &rticle and shall inform the public by national media on the possibility of reusingthese $ones and the sale or mareting of the mariculture products farmed therein.

Mariculture permit holder shall provide timely information to the &uthority or a fisheryinspector on the occurrence or a suspected occurrence of pollution or natural phenomenonreferred to in paragraph 3 of this &rticle.

The monitoring referred to in paragraph 3 of this &rticle shall be conducted by an accreditedlaboratory of the ?nstitute.

The procedure of timely warning of the phenomenon referred to in paragraph 3 of this &rticlefor the purpose of monitoring and the closing of mariculture site shall be defined by the

Ministry.

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VII PRODUCERS ORGANISATIONS IN FISHER=

3. =rupose of organi$ation

Article 6

For the purpose of implementing the objectives of the Fishery =olicy referred to in &rticle 9 ofthe present Law, organi$ing of producers in fishery into =roducers Brganisations,cooperatives and other forms of organisations and management of the common organi$ationof the maret of fish and fisheries and aquaculture products is encouraged in order to

- plan harvesting and production and their adjusting to demand in order to balance qualityand quantity of supply with maret requirements in line with the =lan of 'atch and the=roduction =lan*

- implement fishing methods which ensure sustainable fishing*- define terms and methods of selling (standards of selling!*- inform consumers about products*- maret products*

-reduce costs of catching, producing and stabili$ing production price*

- apply 6ood Manufacturing =ractice

+. =roducers Brganisations in fishery

Article 67

The companies and entrepreneurs registered in the /egister of Fishermen, the /egister of'ultivation 0ites and the /egister of =rocessors of fish and other marine organisms shallorgani$e into =roducers Brganisatonsins in fishery, in accordance with the Law.

The =lan of 'atching and the =roduction =lan referred to in &rticle ) of the present Lawshall be approved by the Ministry.

The way of approving the =lan of 'atch and the =roduction =lan, terms and method of sellingaccording to quality, si$e or weight and maring of fish, fisheries and aquaculture products,the method for catching, that is, cultivating, areas for catching fish! shall be defined by theMinistry.

Article 61

The terms and criteria which must be met by =roducers Brganisations referred to in &rticle Aof the present Law in order to use incentives and other forms of support in organi$ing,

training for implementation of measures of the Fishery =olicy and defining priorities inimplementing such measures shall be stipulated by &gricultural @udget in accordance withthe Law.

+. 2ational Marine Fishery and Mariculture 'ouncil

Article 62

The 2ational Marine Fishery and Mariculture 'ouncil (hereinafter referred to as the 'ouncil!shall be established for the purpose of continuous monitoring and development of fishery andmariculture and providing scientific and e#pert assistance in maing decisions and

preparation of regulations, as well as other issues related to the enforcement of the presentLaw.

%+


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The 'ouncil shall have 3A members.

Members of the 'ouncil shall be nominated amongst science and e#perts worers in thefields of biology, animal health, and the members of the 'ouncil by duty shall be

3!


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& foreign fishing vessels which is a treaty fishing vessel that fishes in accordance with aninternational agreement that is binding for Montenegro may fish within the fishery waters ofMontenegro in accordance with its permit issued under the agreement providing that

3! it carries at all times on board a valid fishing permit issued by the &uthority under theterms of that agreement*

+! it is mared in accordance with the terms of such agreement, or%! if such agreement does not stipulate obligation to mar vessels, the vessel shall be

mared in accordance with the present Law.

?f there is no verified international agreement on the fishing referred to in paragraph + of this&rticle, international fishing vessels may engage in fishing in the fishing sea only for scientificand researching activities in accordance with approved scientific and researching project ofnational interest based on the permit issued by the competent authority.

?f a fishing vessel is used in contravention of provisions of this &rticle, the captain, owner orcharterer of that fishing vessel shall each be guilty of an offence.

Article 6/

& foreign fishing vessel fishing within the fishing waters of Montenegro in compliance with thepermit issued under &rticle 9 paragraphs + and % of the present Law which does not display

3! a recogni$able national ensign or flag*+! a recogni$ed radio call"sign or registration number* or%! the name of a registered port at its stem,

shall be presumed to be a foreign fishing vessel not holding a permit.

%. =ort state measures

Article 6

2otwithstanding any measures prescribed elsewhere in the present Law in relation to anyforeign fishing vessel, the competent authority may, in accordance with internationalconservation and management measures related to living marine resources and marineenvironment

3! inspect documents, fishing gear and catch on board fishing vessels when such vesselsare in a port or at any offshore terminal*

+! prohibit landings and transhipments where it has been established that the fish and other

marine organisms caught in a manner which undermines the effectiveness of measuresreferred to in paragraph 3 of this &rticle.

8. Flag state measures

Article 6

2otwithstanding any measures prescribed elsewhere in this Law in relation to anyMontenegrin"registered fishing vessel, the Ministry shall prescribe such necessary measuresor measures required under an international agreement to which Montenegro is a party, toensure monitoring of the catches of fish and other marine organisms by such fishing vesselsin the waters of third countries and in the open sea, and to ensure control and records of

landings and transhipment of such catches.

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The control and verification measures referred to in paragraph 3 of this &rticle include therequirement on the part of the vessel owner and captain that

3! a logboo shall be ept on board each such fishing vessel in which the masters shallrecord their catches of fish and other marine organisms*

+! a landing declaration shall be submitted to the authorities of states of landings duringlandings carried out in treaty ports*

%! information should be provided to authorities or fisheries inspector on every landing offish on a fishing vessel of third countries and of landings carried out directly in thirdcountries.

The measures referred to in paragraph 3 of this &rticle shall be implemented withoutprejudice to the measures that are implemented under international fisheries agreements andconventions.

I> MONITORING AND SURVEILLANCE

3. Monitoring effects of implementation of the Fisheries 0trategy and other developmentplans

Article 66

The competent authority shall

3! collect such statistics as considered necessary for monitoring the effect of Fisheries


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8. eeping of records and reporting by permit holders

Article 172

Dvery person holding a permite issued under this Law shall provide and eep documents,records and information and furnish them to competent authorities or fishery inspector.

The documents in terms of the present Law shall be considered to be

3! the logboo of catch*+! the statement of landing of catch*%! the report on catch*8! written records and information*9! maps, overview, graph or drawing*>! any photograph*:! any dis, tape, sound trac or other device in which sounds or other data are recorded

(not being visual aids! as to be capable (with or without the aid of some other equipment!of being reproduced therefrom*

)! any film (including microfilm!, negative, tape, dis or other device in which one or morevisual images are recorded so as to be capable of being reproduced therefrom*

! any data reproduced and communicated via a satellite"based vessel"monitoring system.

The data that are entered into documents and records referred to in paragraph + of this&rticle must be accurate and must not contain inaccurate, wrong or misleading data.The period of eeping, the form and the manner of submitting documents, records andinformation referred to in paragraph + of this &rticle shall be stipulated by the Ministry.

9. /ecording and reporting on fishing activities and catch landings

Article 173

Dvery person holding permit for commercial fishing with a fishing vessel of an overall lengthequal to, or more than, 3A metres shall

3! eep on the fishing vessel a fishing logboo and the permit*+! maintain a daily record on the fishing activities of that vessel in fishing logboo*%! report as stipulated by &rticle 3A8 of the present Law* and8! submit, within a period of 8) hours, a landing declaration in respect of the total catch

landed at any designated landing place to authorities or fisheries inspector*

Dvery holder of a permit for commercial fishing by fishing vessels of an overall length equal

to, or more than, 3A m shall report to authorities or fisheries inspector on the total catch andlanding of catch.

Forms and content of logboo of catch and landing declarations referred to in paragraph 3line 8!, reports on catches and the deadlines for reporting referred to in paragraph + of this&rticle shall be defined by the Ministry.

>. Dlectronic recording and reporting

Article 174

The information on the data referred to in &rticle 3A+ paragraphs 3 and + of the present Lawmay be ept electronically and submitted to the competent authority and other authorities, aswell as by radio signals or in other prescribed manner.

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The way and the procedure of reporting, devices for information transfer and the reportingtime shall be prescribed by the Ministry.

:. Hessel monitoring systems

Article 17-

The competent authority shall establish a satellite fishing vessel monitoring system.

The type of the system and the class of fishing vessels for which the system referred to inparagraph 3 of this &rticle is established shall be stipulated by the Ministry.

&uthorities shall be responsible for managing and operating the system referred to inparagraph 3 of this &rticle.

Dvery fishing vessel licensed for commercial activities which is greater than 39 metres shallhave installed on board a functioning automatic location communicator system (&L'! whichallows detection and identification of that vessel by the remote monitoring system or the

system referred to in paragraph 3 of this &rticle.

The operator of a foreign fishing vessel licensed under this Law or any internationalagreement to which Montenegro is a party shall install, maintain and operate an automaticlocation communicator system in accordance with such conditions as may be prescribed forautomatic location communicator (&L'!, continuously while in the fishing waters ofMontenegro.

Bperational requirements for functioning of the system and responsibilities for fishing vesselswhich have installed &L' system, and the scale of charges related to inspection, control andthe release of information obtained from such system, which are declared to be non"confidential, shall be stipulated by the Ministry.

?f is prohibited to destroy, damage, render inoperative or otherwise interfere with satellite"tracing device.

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3! give +8 hours notice in advance to authorities or fisheries inspector of the time and placeof transhipment*

+! provide information about the time when the transhipment was completed*%! eep records of the transhipment.

The form of notification and records and the manner of eeping records referred to inparagraph 3 lines 3 and % of this &rticle shall be defined by the Ministry.

3%. Landing or transhipment of fish and fishery products from foreign fishing vessels

Article 111

Foreign fishing vessel in landing and transhipment of fish and fishery products shall have thesame meaning as a third"country fishing vessel.

Landing and transhipment from a foreign fishing vessel shall be performed only in ports,harbours or such other places which meet technical requirements for inspection of foreignfishing vessels (hereinafter referred to as places for landing and transhipment!.

Technical requirements and the places for landing and transhipment referred to in paragraph+ of this &rticle shall be determined by the Ministry.The captain of the fishing vessel which is registered in a third country and intends to land ortranship fish and fishery products shall

3! notify authorities or fishery inspector of the intention to mae such landing andtranshipment at least :+ hours before the scheduled arrival of the vessel*

+! not land or tranship such fish and fishery products unless he has received confirmationfrom the authorities, which is issued in compliance with the terms of landing andtranshipment of fish and fishery products contained in the permit, treaty, agreement orother such document which licences the fishing vessel to land or tranship fish and fishery

products.

> INSPECTION SURVEILLANCE

Article 112

?nspection surveillance of enforcement of this Law shall be conducted by authorities throughfishery inspectors in accordance with the Law.

3. 'ompetencies of fishery inspectors

Article 113

?n additions to competencies of inspectors that are provided for by laws that regulateinspection, fishery inspectors shall be authori$ed to

3! monitor and control fishing and the use of fishing tools and gear in such fishing*+! inspect whether commercial, sport"recreational and the fishing for the purpose of science

and researches is conducted in approved fishing areas, mariculture $ones and protectedfishing areas by approved tools, at approved time and in the approved manner*

%! inspect and control marets, storages, restaurants, harbours"ports, moles and similarfacilities that are important for trading of fish and fishery products*

8! monitor and control implementation of the 0trategy, =lan, =rogramme for monitoring the

condition of settlements of economically important fish and other marine organisms in theseabed and in the sea waters, implementation of &nnual Bperational =lan for the

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implementation of the 0trategy and the &nnual =rogramme for monitoring, control andsurveillance of the fishing sea of Montenegro.

9! shall go onboard of the fishing vessel and inspect that facility, fishing gear, load, storage,fish, documents and other objects, and to stop the fishing vessel*

>! enter rooms ne#t to the boar house, or the vehicle in which the fish or fishing gear is eptor transported and inspect rooms or vehicles and to stop the vehicle used for thetransport of fish*

:! stop the vehicle for inspecting whether it carries fish and other marine organisms*)! inspect fishing gear or objects reasonably suspected to be used or intended for collecting,

treating or processing fish*! interrogate the person, who in his;her opinion may provide information that he;she needs

for inspection surveillance*3A! request from a person employed at the fishing vessel to assist in inspecting containers,

fishing gear, fish or documents on or in such a vessel*33! request from the captain to ensure appropriate boarding to the ship*3+! stop and inspect the vehicle reasonably suspected of carrying fish that is caught illegally

or by using prohibited fishing gear*3%! inspect fishing vessel regardless whether it was engaged in fishing or other activity

related to fishing at the time.

+. &dministrative measures and actions

Article 114

?n addition to administrative measures and actions stipulated by the Law which regulateinspection, a fishery inspector shall tae the following administrative measures and actions3! order harbouring a fishing vessel which is sei$ed, confiscated or ept in order to prevent

their use until a decision on release is made*+! order stopping of the vessel which reasonably suspected to carry fish and other marine

organisms and gear used for the illegal fishing*%! order turning in the means reasonably suspected of being used in the offence*8! sei$e the fishing vessel, transportation means, fishing gear, documents and other objects

used for maing the offence*9! order the captain of the fishing vessel used for maing the offence or which was used or

can be proved to have been used in the offence, to transport it to a port*>! prohibit the use or attempt to use e#plosives, fire guns, poison or other harmful

substances for the purpose of illing, stunning, disabling or catching fish or maingcatching of fish easier*

:! prohibit the use of the gear from the List of prohibited fishing gear and prohibitedpractices*

)! prohibit fishing on mared places in the fishing sea with telephone, telegraph or powerlines, pipes or other devices, as well as archaeological findings and objects or the use ofthe gear and tool for fishing which may damage them*

! prohibit landing, selling, trade, transport and eeping fish and other marine organismsand fishery products in restaurants, as well as the use of fish and other marine organismsand fishery products in restaurants in contradiction to this Law*

3A! prohibit commercial, sport"recreational and fishing for scientific and research purposeswithout a permit*

33! prohibit disposal or discharge of liquid or solid wastes originating from production orprocessing or other material and energy that have adverse impact on the quality ofaquatic environment*

3+!prohibit stocing, introduction of non"indigenous species of fish and other marine

organisms into the sea, as well as genetically modified species of fish or other marineorganisms*

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3%!prohibit underwater activities on locations for which permits are not obtained fromadministrative authorities competent for fishery affairs (hereinafter referred to as theauthorities!*

38!prohibit fishing, collecting and trading of protected species of fish and other marineorganisms*

39! placing artificial underwater reefs where new biological habitats can be formed.

Article 11-

&uthori$ations of fishery inspectors for conducting inspection, which are stipulated by thisLaw and the Law on ?nspection 0urveillance relate to

3! fishing vessels flying Montenegrin flag within and beyond the fishing waters ofMontenegro*

+! foreign fishing vessels flying a foreign flag in the fishing waters of Montenegro and underauthori$ations stipulated by international agreement outside the fishing waters ofMontenegro.

>I PENALT= PROVISIONS

Article 11/

& fine ranging from two hundred to three hundred minimal wages in Montenegro shall beimposed on a body, company or other legal entity or entrepreneur in case of

3! stocing, release non"indigenous species of fish and other marine organisms, geneticallymodified species of fish or other marine organisms or underwater activities in thelocations for which a permit has not been issued by authorities, as well as fishing,collecting and trading of protected species of fish and other marine organisms (&rticle :!*

+! fishing or attempting to fish in protected fishing areas* taing or destroying fauna or flora,

dredging or e#ploiting sand or gravel, discharging or depositing waste or any otherpolluting matter, or in any way disturbing, altering or destroying the natural environment*constructing or erecting any building on or over any land or water, and carrying out anyactivity which may adversely affect the ecosystems of the protected fishing area without apermit from the competent authority (&rticle 38 paragraphs + and %!*

%! catching, taing, receiving, buying, selling, storing, transferring or transporting andretaining on board any of the protected species of fish and other marine organisms(&rticle 39 paragraph %!*

8! fishing in the fishery sea where telephone, telegraph or electric"power cords, pipes orother devices, as well as archaeological findings and items are situated, by use of fishinginstruments or tools that could damage them (&rticle 8%!*

9! introducing non"indigenous speci

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