Principle

Commercial fishing in Croatian waters is subject to a licensing system established by the Marine Fisheries Act of 22 April 1997. The concept of commercial fishing entails all types of catching or collecting of fish or other marine organisms aiming at making profit (Article 3.2 of the Marine Fisheries Act of 1997).

No foreign person is allowed to engage in commercial fishing activities within Croatian waters unless he/she is authorized to do so through an international agreement (Article 71 of the Marine Fisheries Act of 1997).

Prerequisites to application

To be eligible for a commercial fishing license, the applicant must show evidence that he/she employs skilled and qualified personnel or that he/she is skilled or qualified himself/herself (Article 10.2 of the Marine Fisheries Act of 1997). In order to do so, a specific program for commercial fishing activities has been designed by the Ministry responsible for marine fisheries. The specific exam program with the method of its execution for pursuing commercial fishing license and the license issuing process has been defined in Regulation on program exams for pursuing commercial fishing activities (57/04). A certificate of qualification for commercial fishing is awarded to any person who passes the exam based on this program. It should be noted that such certificate is automatically issued (without taking the exam) to all persons deemed qualified to conduct commercial fishing operations based on the previous legislation. The Ministry responsible for marine fisheries is required to keep a register of all issued certificates (Article 19 of the Marine Fisheries Act of 1997).

Application

Where applying for a commercial fishing license, the applicant, whether a physical or legal person, must provide: a) proof of vessel’s registration for fishing activities at sea; b) proof of ownership of vessel; c) name and registration’s number of vessel for which a commercial fishing license is sought; d) vessel’s port of registration; e) engine power’s certificate from the manufacturer; f) type and quantity of fishing gear and equipment to be used; and g) zones in which commercial fishing is intended to be undertaken.

In addition, any physical person must provide:

a) proof of registration in the Register of Crafts and Trade;
b) the name, surname, address and identification number of the craftsman; and
c) the name, activity, seat and identification number of the craft;

and any legal person must submit:

a) a copy from the trade register as validated by the Trade Court;
b) the name, seat and identification number of the company; and
c) its code of activity (Article 10 of Regulation on Commercial Fishing License of 19 September of 1997).

Application is made to the field office of the Ministry of Agriculture and Forestry in the coastal counties in which the applicant (physical person) resides or in which it (company) is located. In case the applicant does not reside or is not located in a coastal county, the application can be submitted to any field office (Article 9 of Regulation on Commercial Fishing License of 1997).

Issuance

Commercial fishing licenses are issued by the field offices of the Ministry of Agriculture and Forestry in the 7 counties along the Adriatic coast. The relevant field office must issue the license or reject the license application within a month from the date the application was filed (Article 11 of Regulation on Commercial Fishing Licenses of 1997). Each field office is required to keep a commercial fishing license register (Articles 11 and 14 of the Marine Fisheries Act of 1997). Once issued, the commercial fishing license must be kept on board the vessel at all times (Article 15 of the Marine Fisheries Act of 1997).

No commercial fishing license can be issued in respect of a vessel unless the fishing gear, equipment and engine of such a vessel have been inspected by the competent inspectors (Article 12 of Regulation on Commercial Fishing License of 1997). Costs of inspection are borne by the vessel’s owner (Article 13 of Regulation on Commercial fishing Licenses of 1997). It is forbidden to use diving equipment (except in fishing and collecting shellfish or corals) and guns for underwater fishing in commercial fishing.

Information

Information to be mentioned in the license include vessel’s technical characteristics (size of vessel in GT, power of engine in kW, length of vessel), registration number and sign of the vessel, name of the license holder, fishing zones where fishing is permitted and type and quantity of fishing gear that can be carried on board and used from the vessel (Article 11 of the Marine Fisheries Act of 1997 and Article 6.2 of Regulation on Commercial Fishing Licenses of 1997).

Licence fees

Commercial fishing licence fees as well as fees derived from other fishing activities are to be determined by the Minister responsible for marine fisheries. Fees are to be used for financing the development of marine fisheries in general and the monitoring of natural resources’ status in particular (Article 46 of the Marine Fisheries Act of 1997).

Revocation

A commercial fishing license is automatically cancelled when the license holder (company) ceases to exist.
A commercial fishing license can be revoked by the competent issuing authority (field office) where:
a) it has been determined that the vessel, fishing gear or equipment does not comply with the requirements laid down in fisheries laws and regulations;
b) it has been determined that the license holder does not employ qualified and skilled personnel nor is qualified and skilled himself/herself; or
c) it has been determined that the domestic company is controlled by foreign interests (Article 13 of the Marine Fisheries Act of 1997).

Principle

No individual is allowed to engage in small-scale fishing within Croatian waters unless he/she has been granted a small-scale fishing license by the competent authority. No individual other than a Croatian citizen is entitled to apply for a small-scale fishing license (Article 22 of the Marine Fisheries Act of 1997). It is important to note that in Croatia small-scale fishing means subsistence fishing[1]. It is strictly prohibited to sell fisheries products from small-scale fishing activities (Article 20 of the Marine Fisheries Act of 1997).

Application

Application for a small-scale fishing license is made by the applicant in the coastal field office of the Ministry responsible for marine fisheries in the area of which he/she resides or in whose territory fishing is intended to be undertaken (Article 23 of the Marine Fisheries Act of 1997).

To be eligible for a small-scale fishing license, the applicant must fulfil the following conditions:

1. be a Croatian citizen;

2. be at least 15 years old;

3. be in possession of a small-scale fishing qualification certificate[2];

4. be the owner of the vessel, fishing gear and equipment to be used in small-scale fishing or have full control over such vessel, gear and equipment;

5. show evidence that the fishing gear and equipment to be used in small-scale fishing comply with relevant fisheries regulations;

6. demonstrate that he/she is not subject to any administrative or criminal sanction preventing him/her from conducting small-scale fishing activities within Croatian waters (Article 23.2 of the Marine Fisheries Act of 1997).

Issuance

The competent field office of the Ministry responsible for marine fisheries must approve or reject any application for a small-scale fishing license within a month from submission of a complete application form. Should the competent authority fail to act within such a period, it would be assumed that the application has been approved and that the license has been issued (Article 25 of the Marine Fisheries Act of 1997).

Issuance of a small-scale fishing license is subject to the payment of a fee, the amount of which is determined by the Minister responsible for marine fisheries (Article 22 of the Marine Fisheries Act of 1997). Currently, the annual fee is 1000,00 HRK for persons from 15 to 60 years of life; 500,00 for retired persons or persons above 60 years of life and 150,00 for war invalids (Regulation of 1999 on fees for small-scale fishing). The license is strictly linked with the residence place of the applicant (only people living in coastal areas may apply) and it is allowed to catch a maximum of 5 kilos per day.

No one is allowed to use a small-scale fishing license in more than 3 fishing zones to be specified in the license (Article 27 of the Marine Fisheries Act of 1997).

Information

Information to be inscribed in the small-scale fishing license is as follows:

1. name, address and identity card number of the applicant;

2. vessel name and port of registration or vessel’s registration number, length in meters and tonnage in GT and engine power in kW and HP;

3. type and quantity of gear and equipment that can be used by the license holder for small-scale fishing operations; and

4. fishing zones in which the license holder is authorized to operate.

Revocation

A small-scale fishing license ceases to be valid upon the death of the license holder, thus indicating that the license is not transferable.

The issuing authority may revoke any small-scale fishing license where:

1. it has been determined that the license holder does not fulfil all the conditions of eligibility laid down in the Marine Fisheries Act (see paragraph on application above);

2. it has been determined that the small-scale fishing license was issued based on fake or falsified documents or information; or

3. the license holder fails to pay the annual license fee for two consecutive years.

Decision of revocation of any small-scale fishing license by the issuing authority can be appealed to the Ministry responsible for marine fisheries (Article 28 of the Marine Fisheries Act of 1997).

Any individual, whether a Croatian or a foreign citizen, wishing to engage in sport and recreational fishing activities is required to first obtain a license issued by a field office of the Ministry responsible for marine fisheries (Articles 31 and 71 of the Marine Fisheries Act of 1997). The license for sport and recreational fishing can, upon payment of a fee, be issued for a one-day, three-day, one-week, one-month or one-year period. A one-year sport and recreational fishing license can be issued only to war invalids and members of the Croatian Committee for Sport and Recreational Fishing. Fees have been set as follows:

1. HRK 60 for a one-day license;

2. HRK 150 for a three-day license;

3. HRK 300 for a 7-day license;

4. HRK 700 for a one-month license;

One-year license is foreseen only for Croatian citizens war invalids and Croatian and foreign citizens with permanent residence in Croatia having membership in Croatian Union for Sport Fishing or Croatian Diving Union. Fees for those license are: HRK 50,00 for war invalids; HRK 30,00 for persons under 18 years of life and HRK 60,00 for retired persons or persons above 60.

A special sport and recreational fishing license for big game fishing is also available for a 30-day period upon payment of HRK 500 fee (Regulation of 1999 on fees and content of application form for marine recreational fishing).

Legal and physical persons authorized by the ministry are allowed to sell one/more-days license for sport and recreational fishing, while one-year license can be issued only by the field office of the Ministry of Agriculture, Forestry and Water Management in the coastal county or in the before mentioned unions. 40 % of means arising from selling license through Unions has to be used in financing the marine protection projects or other defined goals approved by the ministry.

Fishing or gathering of fish or other marine organisms for scientific purposes within Croatian waters is subject to a special license (Article 55 of the Marine Fisheries Act of 1997)[3].

Inclusion of definitions of key concepts and terms in basic fisheries legislation is primarily designed to facilitate the good understanding of the Act and thus avoid any problem of interpretation in implementing the provisions of this Act. In addition, it enables lawmakers to modify (restrict or broaden) the meaning of common words for the specific purpose of the Act and implementing regulations. For instance, the meaning of the word fish is commonly broadened so as to include not only fish, but also crustaceans, molluscs and other types of aquatic organisms.

Key concepts and terms that are examined in this chapter are as follows: national waters, aquatic species, fishing, commercial fishing, artisanal fishing, fishing vessel, national vessel, foreign vessel.

In Croatia, lawmakers used the concept of fishing sea to determine the geographical scope of the Marine Fisheries Law of 1997, which extends to the outer limit of the Croatian territorial waters. As mentioned earlier in this document, it contains language specifying that the term fishing sea should be construed as including the Croatian EEZ should such a zone be proclaimed off the coast of the Republic of Croatia (Article 5 of the Marine Fisheries Act of 1997). Concerning the Croatian EEZ, it is important to mention that Croatian Maritime Code adopted in 1994 has already regulated the possibilities and the legal framework of the Croatian EEZ in the Adriatic Sea (Articles 33 to Article 42) leaving its final proclamation for subsequent decision of the Croatian Parliament. Based on the Article 1042 of the Croatian Maritime Code and Article 55 of the Law of the Sea Convention (1982), Croatian Parliament proclaimed the extension of jurisdiction to the Ecological and Fisheries Protected Zone on the 3rd of the October 2003. In that zone the Republic of Croatia has the sovereign rights to explore and exploit, conserve and manage the living resources beyond the outer limits of the territorial sea. The Decision includes the Parliament right to proclaim, when it deems appropriate, the other elements of the EE Zone. The implementation of the legal regime shall commence 12 months after the decision on the expansion[4].
The fishing sea comprises both the inner and outer fishing sea. It is not quite clear whether the terms inner fishing sea and outer fishing sea used by lawmakers in the definition refer to the internal waters and the territorial sea respectively as defined in the Law of the Sea Convention of 1982[5]. The explanation on the terms inner and outer fishing sea as given in Regulation on borders in fishing sea of Republic of Croatia (46/96). In Article 3 the outer fishing sea, at present, is defined as a marine area which extends from initial coastal line to the border of the territorial sea. The initial lines are strictly described from point to point on the coastal land and on the island. The inner sea is a marine belt between the initial lines and the coast. Also, the inner and outer fishing seas are divided into 7 fishing zones.

In order to determine the nature of the species to which the Marine Fisheries Act of 1997 applies, lawmakers have used two terms fish and other marine organisms (Ordinance on fish and other maritime organism protection 101/02). The former is not specifically defined in the Act as it refers to fish as generally understood, whereas the latter is defined as “apart from fish, all marine organisms which are an object of interest for marine fisheries” (Article 3.14 of the Marine Fisheries Act of 1997). This definition is very broad and can be easily interpreted as it hinges on the concept of “object of interest for marine fisheries”, which has not been clarified. Therefore, the term other marine organisms entails all types of marine organisms (except fish), whether flora or fauna, insofar as they are an “object of interest for marine fisheries”.
The Marine Fisheries Act of 1997 differentiates the act of fishing from that of collecting based on whether fishing gear is used or not. The term fishing means “the activity of catching fish and other marine organisms by using fishing gear and equipment”, whereas the term collecting is “the activity of collecting fish and other marine organisms without the usage of fishing gear”. Considering that the term fishing gear is defined as “the means of fishing (tools) employed in fishing”, it can be inferred from these definitions that collecting of fish and other organisms refers to the harvesting of such fish and organisms by hands or by means of tools other than fishing gear (tools not usually used for fishing).

In Croatia, the concept of vessel has been simply defined as “a ship or boat used and intended for fishing”. The Marine Fisheries Act of 1997 does not contain any definition of national or foreign fishing vessel.

Commercial fishing encompasses all activities of “catching and collecting of fish and other marine organisms” which are undertaken for commercial purposes (making profit), whereas small-scale fishing is the “catching of fish and other organisms” undertaken exclusively to satisfy personal needs and does not include the sale of fish (Articles 2 and 20 of the Marine Fisheries Act of 1997).

In 2000, Croatia adopted extensive measures regulating commercial fishing activities. Regulation on Commercial Fishing of 2000 (83/2000) has been changed several times (56/01, 69/01, 118/01, 101/02, 72/03, 89/03, 178/03 and 54/04).
These regulations deal with, inter alia, fishing methods and gear, technical features of vessels, fishing zones, closed seasons, quotas, and maximum number of licenses to be issued.

a) Fishing effort and fishing capacity
In order to ensure rational management and protection of commercially valuable species of fish and other marine organisms, the Minister responsible for marine fisheries is empowered:

1. to limit the number of commercial fishing licenses that can be issued for fishing within Croatian waters. Such restrictions may apply to a certain type of fishing activity in a particular area or zone (Article 49.4 of the Marine Fisheries Act of 1997);

2. to establish TAC with respect to a specific area or zone and/or individual quotas per license (Article 49.3 of the Marine Fisheries Act of 1997);

3. to restrict the number, size and power of fishing vessels authorized to operate within Croatian waters (Article 49.1 of the Marine Fisheries Act of 1997);

4. to close specified areas or zones for commercial fishing; and

5. restrict the type and quantity of fishing gear and equipment that can be used in particular zones or areas (Article 49.1 of the Marine Fisheries Act of 1997).

A freeze on the issuance of any new fishing licenses authorizing the use of specified fishing gears[6] was imposed by the competent authority[7].

b) Fishing gear
Numerous regulations have been adopted in Croatia to regulate fishing gears’ technical characteristics and their use with regard to commercial, small-scale and sport fishing. An Ordinance of 1996 on commercial fishing (46/96) [8] prescribes, according to the type of license granted to a vessel, the quantities and types of gear that can be carried on board and used from that vessel. Mesh sizes of nets and other fishing gears as well as their area and time of use have also been determined in Regulations on Commercial Fishing of 2000 (83/2000) and are summarized in Table 3 below.

Table 3 Quantity and mesh size of fishing gear that can be used for commercial fishing as well as time and area of use.

*TS means throughout Croatian territorial sea.

Fishing by means of bottom trawl nets in the inner fishing sea can be undertaken only by using a vessel whose engine power does not exceed 184 kW (250 Hp). As of 1st January 2007, fishing by means of trawl nets in the inner fishing sea will be restricted to vessels whose engine power is less than 110 kW (150 Hp) (Article 10 of Regulations on Commercial Fishing of 2000 - 83/2000).

Furthermore, as of 1st January 2007, trawling in zones A, E, F and G is prohibited within 3 NM off the coastline unless 50m isobate has not been reached before that distance, noting that trawling is in any case prohibited within 1 NM off the coastline.

It is forbidden to use artificial lights when fishing by means of gillnets except for the purpose of luring sardines (Article 91 of Regulations on Commercial Fishing of 2000 - 83/2000). Use of any bait for the purpose of catching picarels by means of gillnet is prohibited throughout Croatian waters (Article 92 of Regulations on commercial fishing of 2000 - 83/2000).

c) Minimum size
The Order of 1998 (145/98) and amended by the Order 101/02 on the Protection of Fish and Other Marine Organisms was adopted to determine the minimum sizes of certain species of fish as shown in Table 4 below.

Table 4. Minimum sizes of certain species of fish, crustaceans, shellfish and sponges.

d) Protected species
It is generally prohibited to catch any juvenile fish and other marine organisms within Croatia unless catching of such species has been authorized, for the purposes of rearing, restocking or researching, by the Minister responsible for marine fisheries in a particular area of Croatian territorial waters, for a limited period of time and by a particular type of gear (article 48 of the Marine fisheries Act of 1997). Moreover the Regulation on criteria for establishing benefits for damage caused to fish and other marine organisms (101/02) by physical or legal persons is operating.

e) Protected areas
It is prohibited to fish within areas which have been declared “special habitats”. However, the Minister responsible for marine fisheries may, under certain conditions, authorize for a limited period of time some type of fishing activities within these areas (Article 52 of the Marine Fisheries Act of 1997).

The new Regulation on fishing gear and equipment for subsistence fishing of 2002 (5/02) prescribes the quantities and types of gear that can be used per small-scale fishing license (Table 5) (before indicated by the Regulations of 1996 on small-scale fishing (89/96a, 89/96b, 89/96c, 89/96d) [9]).

Table 5. Type and quantity of fishing gear that can be used for small-scale fishing.

a) Fishing gear
Regulations of 1997 on sport and recreational fishing prescribed the quantities and types of gear that can be used per license (Table 6). Now the recreational and sport fishing, quantities and types of gear that can be used are regulated by Regulation on sport and recreational fishing established in 2001 (118/01 with small changes - 4/02 and 3/03).

Table 6. Type and quantity of fishing gear that can be used for sport and recreational fishing.

No gear other than hand lines and trolling lines (no more than two pieces each) can be used for the catching of big games (e.g. bluefin tuna and swordfish).

Use of any self-contained underwater breathing apparatus for sport and recreational fishing purposes is prohibited.

b) Daily bag limit
Any person who engages in sport and recreational fishing is not allowed to catch more than 5 kg of fish and other marine organisms per day. The 5-kg daily bag limit does not apply to cartilaginous fish. In addition, any person who catches a single individual weighing more than 5 kg is authorized to keep it (Article 33 of the Marine Fisheries Act of 1997). The amount of fish that can be caught during sport and recreational fishing competitions is not restricted (Article 34 of the Marine Fisheries Act of 1997). 

a) Register
Issuing authorities (field offices of the Ministry responsible for fisheries)[10] are required to maintain a commercial fishing license register and a small-scale fishing license register including all fishing licenses issued by them (Articles 14 and 26 of the Marine Fisheries Act of 1997). Information to be contained in the commercial fishing license register includes: a) the field office which issued the commercial fishing license; b) data on the vessel in respect of which the license was issued; c) data on the license holder; d) the license status (valid, cancelled, suspended); and e) type of gear (Article 8 of Regulations on Commercial Fishing License of 1997).

b) Data collection
Any license holder engaged in commercial fishing is required to keep a logbook and has a duty to keep it on board the vessel at all times. Supply of information on commercial fishing activities is a legal obligation (Article 57 and Article 58). Any person who fails to provide the required information on commercial fishing activities is liable:

1. for a first offence, to a fine ranging from 2 000 to 10 000 kunas;

2. for a second offence, to a fine ranging from 2 000 to 10 000 kunas and the commercial fishing license is automatically suspended for a 3 to 6 month period;

3. for a third offence, to a fine ranging from 2 000 to 10 000 kunas and the commercial fishing license is automatically suspended for a 3 to 5 year period (Article 77 of the Marine Fisheries Act of 1997).

Likewise, small-scale fishermen are required to furnish information in relation to the quantity and size of the catch (Article 59 of the Marine Fisheries Act of 1997). Any small-scale fisherman who fails to supply the required information is liable to a fine ranging from 300 to 1 500 kunas (Article 79 of the Marine Fisheries Act of 1997). In addition, his/her catch must be confiscated as well as his/her fishing gear and equipment (Article 81 of the Marine Fisheries Act of 1997).

Regulations on the Supply and Collection of Commercial Fisheries Related Data of 2000 (6/00) establish four categories of logbooks in relation to the type of gear used (purse seine nets, trawl nets, small-scale fishing gear and tools used for the collecting of other sea organisms). They prescribe the form and content of the various logbooks as well as the manner by which it is to be sent to the competent authority. Required data must be entered daily and sent to the competent authority on a monthly basis.

[1] The concept of small-scale fishing is defined in Article 3.3 of the Marine Fisheries Act of 1997 and reads as follows: “small-scale fishing is catching of fish and other marine organisms for personal purposes and needs exclusively”.

[2] Small-scale fishing qualification certificates are issued to individuals having passed an exam based on the small-scale fishing program designed by the Minister responsible for marine fisheries. Such certificates are issued automatically to applicants more than 65-years old without their having to take the exam. In addition, applicants in possession of a commercial fishing qualification certificate are not required to pass the small-scale fishing exam to conduct small-scale fishing operations (Article 30 of the Marine Fisheries Act of 1997).

[3] According to the English translation provided to the consultant, it would seem that such a special license is required only to grant exemption under the fisheries laws and regulations for scientific purposes such as use of prohibited fishing gear or fishing in prohibited areas.

[4] Following agreements reached it has been decided not to implement the measures on EU vessels until a partnership agreement for fisheries had been made.

[5] See Articles 2 and 8 of the Law of the Sea Convention of 1982.

[6] These gears are the following: bottom trawl, small coastal trawl, dredge for Noah’s arch, dredge for scallops, hydraulic dredge, coastal seine with traps, Norway lobster traps, pelagic longline, gillnet with frightening rope, seine net with frightening rope, axes for coral, scraper for shellfish, rakes for shellfish and pincers for shellfish.

[7] Information taken from the Report on Fishery Legislation Framework and List of the Main Management Measures made available to the author.

[8] Ordinance of 5 June 1996 regulating fishing gear in commercial fishing was amended twice in 1997.

[9] Regulations of 15 October 1996 on fishing gear for small-scale fishing were amended in 1997 and 1998.

[10] 7 field offices of the Ministry responsible for marine fisheries have been created along the Croatian coast. They are located in Pula for the Istra County, in Rijeka for the Primorsko-Goranska County, in Senj for the Licko-Senjska County, in Zadar for the Zadar County, in Sibenik for the Sibenik-Knin county, in Split for the Splitsko-Dalmatinska County and in Dubrovnik for the Dubrovnik-Neretva County (Article 2 of the Regulation on Commercial Fishing License of 1997 (99/97).