In the Federal Republic of Serbia and Montenegro the activities of Marine Fisheries are under the jurisdiction of the Montenegrin Ministry of Agriculture, Forestry and Water Management. The basic fisheries legislation in Montenegro is the Law on Marine Fishery of 24th September 2003. It has been supplemented by detailed regulations concerning fishery activities as four Rulebooks issued in 2004 (55/2003):

1. The Rulebook on method, type and quantity of fishing tools and gear that can be used in sport-recreational fishing, forms, number and contents for the sport fishing permits;

2. The Rulebook on form, contents and keeping of registers on fishing or cultivation activities;

3. The Rulebook on setting of the lines where water ceases to be constantly salt in rivers that flow into the sea and setting of boundaries of fishery reserves;

4. The Rulebook on terms, restrictions and order in fishing operations in specific fishing areas or zones.
   In addition a decree was issued in 2004, entitled: Decree on prohibition of catch and trade in fish juveniles, undersized fish and other marine organisms (10/2004).

Principle

Commercial fishing in Montenegrin waters is subject to a licensing system established by the Law on Marine Fishery of 24th September 2003. The concept of commercial fishing implies fishing for profit-making purposes (Article 9 of the Law on Marine Fishery of 2003).

Companies and entrepreneurs can engage in commercial fishing if they are registered to carry out this activity and have been issued with a permit for commercial fishing (Article 10 of the Law on Marine Fishery of 2003).

Prerequisites to application

Professional capability for carrying out commercial fishing is tested in an examination. The programme for examination to carry out commercial fishing is laid down by the Ministry. Professional capability is checked by a special expert commission appointed by the Ministry (Article 18 of the Law on Marine Fishery of 2003). Permits to carry out commercial fishing can be issued if the following conditions are met:

1. A permit on technical-technological equipment and capacities of the fishing vessel issued by the Institute of Marine Biology;

2. Employment of persons professionally trained to carry out commercial fishing or are trained to carry out commercial fishing themselves;

3. A statement from the port master’s ship register, i.e., the sailing permit together with the certificate stating that the fishing ship, ship ‘lute’ or boat is registered for commercial fishing (Article 10 of the Law on Marine Fishery of 2003).

Application

The application for a commercial fishing license must contain the following:

1. The name of the company, i.e., name of the entrepreneur that is being issued with the permit to carry out large-scale or small-scale commercial fishing;

2. The name or register mark of the vessel or a number of vessels if the nature of the commercial fishing implies participation of more than one vessel for these commercial fishing operations;

3. The fishery area or zone where commercial fishing is permitted;

4. The purpose, kind, technical characteristics and quantities of fishing tools and gear for commercial fishing operations;

5. The size of the vessel and horsepower of the engine of the vessel;

6. The total amount of the fee (Article 11 of the Law on Marine Fishery of 2003).

Issuance

The permit for commercial fishing is issued by the Ministry on the basis of an advertisement published in public papers. The permit stated in paragraph 1 of this Article is issued separately for every vessel. In case of change in the company or owner of the vessel a new permit for commercial fishing is issued in compliance with the terms laid down. Permits stated in paragraph 1 of this Article are entered in the register of permits issued and which is kept by the Ministry (Article 11 of the Law on Marine Fishery of 2003). The permit for commercial fishing must always be kept on board (Article 16 of the Law on Marine Fishery of 2003). During fishing operations, the persons stated in paragraphs 1 and 2 of this Article must always have with them the certificate on professional capability to carry out commercial fishing (Article 17 of the Law on Marine Fishery of 2003).

License fees

The fee for carrying out commercial fishing is laid down by the Ministry (Article 11 of the Law on Marine Fishery of 2003).
Depending on the type and capacity of fishing vessels as well as the significance of the commercial fishing, the fee paid to carry out commercial fishing is established. Separate fees by type and capacity of the fishing vessel as well as by significance of the fishing are laid down by the Ministry (Article 13 of the Law on Marine Fishery of 2003).

The permit for sport-recreational fishing is issued by the authority of local self-management in charge of sport and recreation affairs (Article 20 of the Law on Marine Fishery of 2003; Article 5 of the Rulebook on method, type and quantity of fishing tools and gear that can be used in sport-recreational fishing, forms, number and contents for the sport fishing permits N.325/04-0506-07/06) The permit for sport-recreational fishing can be permanent and temporary (Article 19 of the Law on Marine Fishery of 2003).

The permanent permit for sport-recreational fishing is issued for the current calendar year, while temporary permits are issued for the maximum period of 30 days. Temporary permits for sport-recreational fishing can also be issued to persons who do not have the citizenship of Serbia-Montenegro (Article 23 of the Law on Marine Fishery of 2003).

The permit for sport-recreational fishing can only be used by its holder: the holder must have the permit with him when carrying out sport fishing. A fee to carry out sport-recreational fishing must be paid and it is defined by the competent authority of local self-management, depending on the validity period of the permit and age of sport fishermen (Article 19 of the Law on Marine Fishery of 2003).

In cases when, for the purpose of scientific researches, catching or collecting of fish and other marine organisms is done contrary to terms laid down by this Law and regulations adopted on the basis of this Law it is necessary to acquire a permit from the Ministry (Article 43 of the Law on Marine Fishery of 2003).

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 Montenegro, law-makers used the concept of fishery sea to determine the geographical scope of the Law on Marine Fishery of 2003, which extends to the outer limit of the Montenegrin territorial waters; (the “fishery sea” of the Republic of Montenegro comprises the part of the coastal sea and epi-continental strip of Serbia-Montenegro situated within the boundaries of the Republic of Montenegro (Article 2 of the Law on Marine Fishery of 2003).
Marine fisheries, in terms of this Law, is the management of biological marine resources including catch, cultivation and protection of fish and other marine organisms (Article 1 of the Law on Marine Fishery of 2003). Marine fishing means the capture, breeding, and collecting of fish and other marine organisms. (Article 5 of the Law on Marine Fishery of 2003).

Fish and other marine organisms in the fishery sea of the Republic of Montenegro as common goods enjoy special protection and are used in a way and under terms laid down by this Law and other regulations.

In Montenegro, the concept of commercial fishing simply implies fishing for profit making purposes (Article 9).

The concept of the fishing vessel is not defined: a vessel is a ship, boat or small submarine intended for marine fishing and collecting of marine organisms (Article 4 of Law on Marine Fishery of 2003). The Law does contain any definition of national or foreign fishing vessel.

The concept of artisanal fishing is not defined but the term small-scale commercial fishing is used, which includes: fishing with set nets; fishing with traps for catching fish; fishing with harpoons with or without the use of artificial lights; fishing with long-lines and other angling tools; fishing with shore seines – ‘kogola’; fishing with ‘kalimera’ (a small wooden cabin with nets used for fishing in southern parts of the Montenegrin coast) and hand dredge called ‘grib’; collecting of shells (Bivalvia) (Article 15 of Law on Marine Fishery of 2003).

In 2000, Serbia-Montenegro adopted extensive measures regulating commercial fishing activities. These regulations deal with, inter alia, fishing methods and gear, vessels’ technical features, 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 as described hereunder.

For the purpose of preventing overfishing of all growth classes of marine organisms, the Ministry can:

1. announce a closed season for a specific species of fish or other marine organism.

2. determine the basic construction and/or technical characteristics, way of use, time and purpose of specific means and tools for commercial and sport-recreational fishing (Article 38 of the Law on Marine Fisheries of 2003).

For the purpose of the rational use and protection of commercially significant species of fish and other marine animals and on the basis of opinions previously obtained from the competent scientific institution, the Ministry lays down:

1. the number and size of vessels, horsepower of engines of the vessel, type and quantity of fishing tools and gear for which fishing is allowed in specific fishing areas;

2. restrictions, i.e., prohibition of fishing in a specific area;

3. the quantity that can be caught or collected per permit;

4. the number of permits issued for a specific form of fishing and the issuance of permits for use of locations for the needs of diving schools and carrying out sport-recreational activities at sea (Article 39 of the Law on Marine Fisheries of 2003).

b) Prohibited fishing zones
In order to ensure rational use and protection of commercially valuable species of fish and other marine organisms, the Minister responsible for marine fisheries may impose a restriction, i.e., prohibition of fishing in a specific area (Article 39 of the Law on Marine Fisheries of 2003).

Fishing in fishery reserves is prohibited (Article 45 of the Law on Marine Fisheries of 2003).

Fishing in the area of a port, entrance or access channel and anchorage area is prohibited. (With the exception from the paragraph 1 of this Article, fishing in the area of a port, entrance or access channel and anchorage area is allowed only if the user of the port, with the approval of the port master’s office and opinion of the competent scientific institution, permits fishing in these areas).

Fishing is permitted in the areas of channels and internal marine routes only if it does not hinder the navigation of other ships and vessels.

Fishing is not permitted in areas of arranged and marked swimming beaches in the period May 1 - October 1, from sunrise to sunset (Article 46 of the Law on Marine Fisheries of 2003).

c) Fishing methods
It is prohibited to catch fish or other marine organisms with explosives, chemical substances or other prohibited means that kill, intoxicate or poison them, as well as collecting and trading organisms caught in that way (Article 41 of the Law on Marine Fisheries of 2003).
In the area of the Bay of Boka Kotorska fishing with the following means is prohibited:

1. bottom trawls;

2. floating trawls;

3. encircling large-scale fishing nets (Article 46 of the Law on Marine Fisheries of 2003)
   For the purpose of protecting general marine biodiversity, fishing with bottom trawls and floating trawls in shallower zones of the littoral is prohibited only at the distance of three nautical miles, following the configuration of the shore, i.e., at the depth of 50 meters if the isobath of 50 meters where that depth is reached is at a distance shorter than three nautical miles (Article 48 of the Law on Marine Fisheries of 2003).

d) Juveniles
It is prohibited to catch and trade fish juveniles (Decree on prohibition of capture and trade in fish juveniles, undersized fish and other marine organisms no. 10/2004)

e) Minimum size
The minimum size is laid down (Table 7) as follows: (2. Decree on prohibition of capture and trade in fish juveniles, undersized fish and other marine organisms no. 10/2004).

Table 7. Minimum size of fish, crustaceans, shellfish and sponge species.

f) Protected species
It is prohibited to catch and trade fish juveniles, undersized fish and other undersized marine organisms (1. Decree on prohibition of capture and trade in fish juveniles, undersized fish and other marine organisms no. 10/2004).

It is prohibited to catch, marine mammals (whales, dolphins, seals, etc.) sea birds and sea turtles, should these be accidentally caught they must be returned to the sea (6. Decree on prohibition of capture and trade in fish juveniles, undersized fish and other marine organisms no. 10/2004).

In order to protect rocky shores as a special habitat in the fishery sea, in the whole territory of Serbia-Montenegro the catching, trading or exporting of the date-shell (Litophaga litophaga) is prohibited (Article 49 of the Law on Marine Fisheries of 2003).

g) Protected areas
Fishing in fishery reserves is prohibited. However the Ministry responsible for marine fisheries can permit fishing to companies and entrepreneurs at specific times and with specific fishing means, such as for the purpose of reproduction, cultivation and stocking of new fishing areas or due to the arrival of larger quantities of a certain species of fish and marine organism (Article 45 of the Law on Marine Fisheries of 2003).

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 (89/96) [9]).

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

a) Fishing gear
The Rulebook on method, type and quantity of fishing tools and gear that can be used in sport-recreational fishing, forms, number and contents for the sport fishing permits of 2004, on the basis of the Article 26 of the Law on Marine Fisheries prescribes the types of gear that can be used per fishing licence.
Sport fishing can only be done with the following means: fishing lines, one rod for angle throwing, underwater gun without explosive charge, harpoons, longlines of up to 150 angles and tridents with a torch of up to 400 candelas (or without one), one fish trap, with use of rowing boats, sailing boats or motor boats.

Collecting of fish, sponges and corals can be done only with manual tools such as: rakes, pincers and divers’ knives.

When fishing with fishing lines, angles of curve width not less than 7 mm can be used, whereas if fishing with floating fishing lines, the curve width must not be less than 9 mm.

b) Daily bag limit
A natural person engaged in sport-recreational fishing can catch a maximum of 5 kg of fish and other marine organisms in one day except during sport fishing competitions. Catching of marine game (shark, catfish, ray etc.) and an individual fish that weighs more than 5 kg (sea-bass, dentex, sea-bream etc.) is not included in the quantity of fish stated in paragraph 2 of Article 21. 

a) Register
A permit for commercial fishing is issued by the Ministry and must contain: the name of the company; the name or register mark of the vessel or a number of vessels; the fishery area or zone where commercial fishing is permitted; the purpose, kind, technical characteristics and quantities of fishing tools and gear for commercial fishing operations; the size of the vessel and horsepower of the engine of the vessel; the fee. Permits are entered in the register of permits issued and which is kept by the Ministry responsible for marine fisheries (Article 11 of the Law on Marine Fishery of 2003).

b) Data collection
Companies and entrepreneurs engaged in fishing, i.e. cultivation, must keep logs on fishing. Form, contents and methods for keeping logs on fishing or cultivation are laid down by the Ministry. On the basis of Article 51 paragraph 3 of the Law on Marine Fisheries, the Rulebook on form, contents and keeping of registers on fishing or cultivation activities N° 10/2004 lays down the form, contents and method of keeping registers on commercial fishing that companies and entrepreneurs are obliged to keep (Article 1 of this Rulebook).
Users of permits for commercial fishing or cultivation are obliged to submit the data from their records to the Ministry at the end of the six-month term of every year (Article 2 of the Rulebook).
A fine ranging from 250 to 300 minimal wages in the Republic shall be imposed on a company or entrepreneur in case of:

1. not keeping the log on fishing and the log on cultivation, or register on quantities or sorts of food used in breeding sites;

2. when the log on fishing and the log on cultivation are not aboard the vessel, i.e., on the breeding site;

3. not forwarding the log on fishing or the log on cultivation to the Ministry for every half-year within the validity period of the permit (Article 57 of the Law on Marine Fishery of 2003).

c) Observers
Users of the permits for fishing and cultivation are obliged to receive on their vessel and breeding site scientists and experts, on the basis of a decision issued by the Ministry, for the purpose of sampling and control of biological resources within protection laid down by this Law, free of charge (Article 52 of the Law on Marine Fishery of 2003).