the links referred files in pdf format

Principle

Commercial fishing in Croatian waters is subject to a licensing system established by the Marine Fisheries Act of 1994. 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 1994).

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 67 of the Marine Fisheries Act of 1994, Article 71 of consolidated version 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 1994). 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, 74/04). 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 or has formal qualifications from relevant high school or university specializing in fisheries (Marine Fisheries Act as amended OJ 48/05). The Ministry responsible for marine fisheries is required to keep a register of all issued certificates (Article 19 of the Marine Fisheries Act of 1994).

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 or other proof of availability of a vessel; c) name and registration’s number of vessel for which a commercial fishing license is sought; d) proof of engine power and force limitation for types of vessels where the limitation is setvessel’s port of registration; e) engine power’s certificate from the manufacturer; e) f) type and quantity of fishing gear and equipment to be used on the vessel for which the licence is sought;f) and g) list of fishing zones (as defined by other national regulations) in which commercial fishing is intended to be undertaken and g) filled questionnaire on the fishing fleet of Republic of Croatia (Regulation on commercial fishing licence and licence register OJ 155/05, 135/06).

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 4 of Regulation on commercial fishing licence and licence register of 19 December 2005).

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 4 of Regulation on commercial fishing licence and licence register of 19 December 2005).

Issuance

Commercial fishing licenses are issued by the field offices of the Ministry of Agriculture, Forestry and Water Management 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 (Articles 2 and Article 11 of Regulation on commercial fishing licence and licence register of 19 December 2005). Each field office is required to keep a commercial fishing license register (Articles 11 and 14 of the Marine Fisheries Act of 1994). Once issued, the commercial fishing license must be kept on board the vessel at all times (Article 15 of the Marine Fisheries Act of 1994.

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 Field office personnel (Article 10 of Regulation on commercial fishing licence and licence register of 19 December of 2005). Records of each inspection are submitted with the licence application for individual vessel (Article 10 of Regulation on commercial fishing licence and licence register of 19 December of 2005) Costs of inspection are borne by the vessel’s owner (Article 13 of Regulation on commercial fishing licence and licence register of 19 December of 2005). 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 1994 and Article 6.2 of Regulation on Commercial Fishing Licenses of 1997 and Article 7.2 of Regulation on commercial fishing licence and licence register of 19 December of 2005).

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 1994 as amended by OJ 57/96 and 48/05).

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 1994).

Commercial fishing licences are subject to regular revisions every 3 (three) years (Article 11 of the Marine Fisheries Act of 1997 as amended by OJ 57/96 and 48/05 and Article 12 of Regulation on commercial fishing licence and licence register of 19 December of 2005).

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 1994 as amended by OJ 57/96 and 48/05). 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 1994 as amended by OJ 57/96 and 48/05).

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 1994 as amended by OJ 57/96 and 48/05).

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 as amended by OJ 57/96 and 48/05).

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 1994 as amended by OJ 57/96 and 48/05).

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 1994 as amended by OJ 57/96 and 48/05). 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 2000 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 1994 as amended by OJ 57/96 and 48/05).

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 1994 as amended by OJ 57/96 and 48/05).

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 1994 as amended by OJ 57/96 and 48/05). 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 permanent residence of Republic of Croatia (Regulation on recreational fishing at sea OJ 137/05). Fees for those license are: HRK 100,00 for war invalids; HRK 100,00 for persons under 18 years of life and for retired persons or persons above 60, HRK 500 for persons between 19 and 59 years of life. People older than 65 living on the islands or the Pelješac peninsula do not pay a fee.

A special recreational fishing license for big game fishing is also available for a one-day, 3-day, 7-day or 30-day period upon payment of a fee (HRK 120 for a one-day, HRK 300 for a 3-day, HRK 600 for a 7-day and HRK 1500 for a 30-day licence) (Regulation on recreational fishing at sea OJ 137/05).

Licences for sport fishing at sea may be issued to permanent residents of Republic of Croatia who are members of National Sport Fishing Union. One-day, 3-day, 7-day or 30-day sport fishing licences may be issued to non-residents of Croatia who are members of their respective national Sport Fishing Unions. War invalids will be issued an annual sport fishing licence for a HRK 10 fee. Other residents of Croatia may obtain the annual sport fishing with the fees set as follows: HRK 10,00 for persons under 18 years of life, HRK 60 for retired persons or persons above 60 and HRK 350 for persons between 19 and 59 years of life.

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 1994 as amended by OJ 57/96 and 48/05)[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 Act of 1994 as amended by OJ 57/96 and 48/05, which extends to the outer limit of the Croatian territorial waters. The most recent changes (OJ 48/05) refer to the fishing seas as the area under Croatian jurisdiction or sovereignity, pursuant to the UNCLOS, thus including internal waters, territorial seas and Croatian FEPZ. (Article 3 of Marine Fisheries Act of 1994 as amended by OJ 57/96 and 48/05). 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]. Pursuant to the Parliament Decision of 3. June 2004, the measures applicable in EFPZ were not to be applied to vessels flying flags of the EU-member states until a fisheries partnership agreement with the EU was reached, and most recent changes (Parliament Decision of 15. December 2006) stipulate the commencement of the application as of 1. January 2008.
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]. (Note: the inner fishing seas generally coincide with the UNCLOS definition of internal waters, with some exceptions, whereas the outer fishing seas coincide with the territorial sea and the EFPZ). The explanation on the terms inner and outer fishing sea as given in Regulation on limits of the fishing sea of Republic of Croatia (144/05). In Article 3 the outer fishing sea, at present, is defined as a marine area which extends from initial lines to the outer borders of Croatian jurisdiction, thus including the territorial seas and the FEPZ. 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 (Note: Initial lines mentioned generally coincide with the baselines as defined by the UNCLOS) and the coast. Also, the inner and outer fishing seas are divided into 11 fishing zones.

In order to determine the nature of the species to which the Marine Fisheries Act applies, lawmakers have used two terms fish and other marine organisms (Ordinance on fish and other maritime organism protection 101/02 96/05, 53/06). 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- consolidated text 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 - consolidated text 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 - consolidated text 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 - consolidated text 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), and finally replaced by a new one (6/06), which has recently been amended in order to take on board the recent ICCAT recommendations (46/06, 66/07). In addition to this Regulation, another important piece of legislation relevant for fisheries in Croatia is the Regulation on fishing gears and tools in commercial fisheries (6/06, 46/06, 93/06).
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 49.2 of the Marine Fisheries Act as amended 48/05);

2. to limit the individual fishing effort per vessel or total fishing effort per fishing zone or gear (Article 49.1 of the Marine Fisheries Act as amended 48/05);

3. to set temporal fishing restrictions in a fishing zone (Article 49.3 of the Marine Fisheries Act as amended 48/05);
   

4. to establish TAC with respect to a specific area or zone and/or individual quotas per license (Article 49.4 of the Marine Fisheries Act as amended 48/05);

5. to restrict the number, size and power of fishing vessels authorized to operate within Croatian waters (Article 49.5 of the Marine Fisheries Act as amended 48/05);

6. to define technical characteristics of fishing gears and tools and their manner of usage (Article 49.6 of the Marine Fisheries Act as amended 48/05);

7. to set the terms for setting of artificial reefs (Article 49.7 of the Marine Fisheries Act as amended 48/05);

8. to define measures and conditions for restocking (Article 49.8 of the Marine Fisheries Act as amended 48/05);

9. to define the system of monitoring and surveillance of fishing vessels and their activity (Article 49.9 of the Marine Fisheries Act as amended 48/05).

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. Regulation on fishing gears and tools in commercial fisheries (6/06, 46/06, 93/06) 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 been determined in Regulation on Commercial Fishing (6/06, 46/06, 66/07) and in the Regulation on fishing gears and tools in commercial fisheries (6/06, 46/06, 93/06) 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. NOTE: gears that were allowed in TS are allowed in all fishing seas. Perhaps it would be better to use the FS instead.

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). In the outer fishing seas, trawling may be undertaken only by vessels whose engine power does not exceed 662 kW (Regulation on Commercial Fishing (6/06, 46/06, 66/07).

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 21 of Regulation on fishing gears and tools in commercial fisheries (6/06, 46/06, 93/06). Use of any bait when fishing with gillnets is prohibited (Article 21 of Regulation on fishing gears and tools in commercial fisheries 6/06, 46/06, 93/06), except when fishing for Spicara flexuosa.

c) Minimum size
The Order 101/02 on the Protection of Fish and Other Marine Organisms (as amended by Order 96/05 and 53/06) 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. Date shell (Litophaga litophaga) is a strictly protected species pursuant to the Marine Fisheries Act. Other relevant governing instruments for this issue are under the auspices of the Ministry of Culture, and pursuant to Nature Protection Act (70/05) Croatia has addopted a list of protected species (mammals, turtles, etc.)..

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 2005 on Sport and Recreational fishing prescribed the quantities and types of gear that can be used per license (Table 6).

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

No big game fishing is allowed in sport fisheries, except in occasions of international sport competitions.

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

Pursuant to the Regulation of 2005 on recreational fishing, the same gears are allowed as listed above, except for spear guns. Big game may be caught in recreational fisheries only if a special recreational fishing licence for big game fishing has been issued, entailing limited gear. Additional gear is allowed for persons having the annual recreational fishing permit.

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). 

Monitoring, control and surveillance (MCS) is an integral and essential component of fisheries management. MCS programs generally encompass the gathering of information on fishing effort characteristics and resource yields, the regulatory conditions under which the exploitation of fishery resources is to be conducted and the types of observations required to ensure compliance with regulatory controls imposed on fishing activities. This paper will primarily focus on MCS measures providing for the registration of fishers and fishing vessels, the marking of fishing vessels, observer programs and information reporting.

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 and zone where fishing is allowed (Article 7 of Regulations on Commercial Fishing License of 2005).

Data on licences and fleet are kept in an electrinic register (Fleet register) (Article 9 of Regulations on Commercial Fishing License of 2005). Register data include: fleet register entry no.; field office that issued the licence, class no. and serial no. of the licence issued; data on vessel for which the licence is issued; data on licence holder; gear types and quantities allowed by the licence; fishing zones where fishing is permited; auxiliary equipment; licence status and reason for changes, if any.

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 to a fine ranging from 10 000 to 100 000 kunas (Article 77 of the Marine Fisheries Act as amended in 2005).

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 5000 to 10 000 kunas (Article 77 of the Marine Fisheries Act as amended in 2005). In addition, catch must be confiscated as well as his/her fishing gear and equipment (Article 81 of the Marine Fisheries Act as amended in 2005).

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.

c) Monitoring
Regulation on surveillance and monitoring of fishing vessels (62/06, 135/06) stipulates the obligation for a satelite-based tracking device on all vessels above 15 m as of 31. December 2009. Devices must transim the following data to the FMC, established in Zagreb: identification code of the vessel, longitude and latitude with an error margin of 500 m, date and time, as well as speed and course.

[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).