the links referred files in pdf format
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Access regimes to
fisheries resources |
The basic fisheries legislation in Montenegro is
the 2009
Law on Marine Fisheries and Mariculture (Official Gazette (OG) of
Montenegro 56/09; hereinafter LMFM), which is implemented by a number of
regulations. The LMFM lays down the principles for sustainable management of
living marine resources and of the marine environment. It introduces measures
for biodiversity and environmental protection and establishes procedures for the
development and adoption of management plans in the fishery sector.
As stipulated in the LMFM, the general fishery policy is defined by the
Fisheries and Aquaculture Development Strategy of Montenegro (2006-2016) and
implemented in accordance with the National Fisheries Development Programme
(2009-2013). The policy provides support for the development of the fishery
sector and identifies the respective responsibilities of the administrative
authorities as regards its implementation. The main authority in charge of
fisheries matters is the Ministry of Agriculture and Rural Development (MARD).
National and foreign companies and entrepreneurs, or other legal and natural
persons, may engage in marine fisheries in accordance with the provisions of the
Law (Article 3, LMFM).
Commercial fishing licences and small-scale fishing licenses
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Principle
Commercial
fishing is the catch of economically significant species of fish and other
marine organisms with permitted tools and gear for the purpose of marketing.
Commercial fishing is subject to the terms and conditions established in
accordance with the Law, including payment of a fee.
Companies and entrepreneurs may engage in commercial fishing provided that they
are members of the Central Register of the Commercial Court and of the Register
of Professional Fishermen, and that they hold a permit for commercial fishing,
issued by the fisheries administration authority (hereinafter “fisheries
administration”).
The terms and conditions for commercial fishing, the fishing tools and gear, the
fishing period and the procedure for issuing fishing permits are established by
secondary legislation adopted in 2011 (OG of Montenegro No. 08/11).
The distinction between large- and small-scale commercial fishing is based on
the criteria referred to in
Article 46, LMFM: fishing capacity and significance
of the fishery. Fishing capacity is defined according to the horsepower of the
engine, gross capacity and type of the fishing vessel, size and number of nets
and angles, number and intensity of lamps, equipment, etc. The significance of a
given commercial fishery is defined according to the species and to the
commercial value of the fish and other marine organisms.
Large-scale commercial fishing is carried out by vessels longer than 12 m
overall, with the following fishing tools and gear (Article 49, LMFM):
-
bottom tow nets – trawls;
-
pelagic (floating) trawls;
-
purse seines – plivarice;
-
shore seines;
-
beach seines;
-
set nets;
-
fish traps;
-
harpoons with and without the use of artificial light;
-
long-lines and other hooks;
-
scampi traps (Nephrops norvegicus);
-
traps for big crustaceans, and
-
tramata nets, as well as nets for catching shellfish and other marine
organisms.
Small-scale commercial fishing is carried out by vessels shorter than 12 m
overall, with the following fishing tools and equipment (Article 50, LMFM):
-
set nets;
-
fish - traps for catching fish;
-
harpoons with and without the use of artificial light;
-
long-lines and other hooks;
-
shore seines – kogola;
-
kalimera and hand dredge – grib, as well as collecting of shells and
other marine organisms.
The purpose, technical characteristics and quantity of fishing tools and
gear allowed for use in large- and small-scale commercial fishing are
defined by secondary legislation.
Prerequisites to application
In order to obtain a fishing permit, applicants
must be registered in the Register of Professional Fishermen (Article 52, LMFM).
The application for registration shall be accompanied by documentation proving
the following:
-
that the applicant is the owner of
the fishing vessel or a user of such vessel based on an agreement of
lease for the period for which the commercial fishing permit is
requested;
-
that the title of captain of the ship
has been acquired in accordance with internationally recognized
standards, and that of sailor-engineer in accordance with the Law;
-
the identity of persons employed on
board the fishing vessel; and
-
that applicant is registered for
commercial fishing in the Central Register of the Commercial Court.
Application
The permit for commercial fishing shall be issued by the fisheries
administration based on a public notice published in at least one printed media
distributed throughout Montenegro (Article 53, LMFM).
The application for a commercial fishing permit shall contain:
-
the name and location of the company, or the
name and surname of the entrepreneur, as appropriate, and the type of
fishery for which the permit is requested;
-
the name and registration number of the
fishing vessel or vessels if the nature of the fishery requires the use of
more than one vessel; and
-
the type, technical characteristics and
number of fishing tools and gear required for the type of fishery.
The application shall be accompanied by the
following documentation:
-
evidence that the applicant is registered in
the Register of Professional Fishermen;
-
ii. approval from the Institute of Marine
Biology (IMB) for technical and technological characteristics of fishing
tools and gear mentioned in the application for commercial fishing; and
-
a certificate from the Register of the
regional Port Master’s Office, a copy of the registration list for the
fishing boat issued by the Port Master’s Office or a certificate of the
status of entry in the Fishing Fleet Register, that reflects the granting of
a permit for commercial fishing.
Issuance
The permit for commercial fishing is issued separately for each fishing vessel
and shall contain (Article 54, LMFM):
-
the name of the company, or the name and
surname of the entrepreneur, as appropriate, to whom the commercial fishing
permit is granted;
-
the name (registration mark) of the vessel or
vessels, if the type of the commercial fishing requires using more than one
fishing vessel;
-
the fishing area where commercial fishing is
permitted;
-
the purpose, type, technical characteristics
and number of fishing tools and gear that may be used for commercial fishing;
-
the identification of the fishing vessel and
the power of the engine; and
-
the amount of the fee to be paid.
The permit may also contain:
-
a period of closed season for commercial
fishing;
-
the type and quantity of fish that may be
caught;
-
the
authorized fishing methods; and
-
the terms and conditions of landing and
loading, and the place of first landing.
The fishing permit has a duration of 5 years.
When issuing permits, priority shall be given, under equal conditions, to
existing commercial fishing permit holders. Any change in the company, the
vessel or the fishing gear must be registred in Fishing Fleet Register, the new
owner or the lessee of the vessel shall be granted a new permit for commercial
fishing (Article 55, LMFM).
The fishing permit is issued upon payment of the
fee for commercial fishing established by the Government, following the proposal
of the MARD.
License fees
Companies, entrepreneurs and other natural
persons wishing to carry out commercial fishing in Montenegrin waters, and
complying with the relevant legal requirements, shall pay an established fee
(2011 Decision on amount of the individual fee for commercial fishing and
mariculture,
OG of Montenegro No. 08/11).
Permit holders shall pay the fee in a single
amount, based on the fishing capacity and significance of the commercial fishery,
in relation with the power of the engine (3 EUR per kW) and the type of fishing
gear, according to the following table:
Fishing Gear |
Fee |
Vibrating ropes - tramata (ludara) |
3.000,00 |
EUR |
Lift-net - kalimera |
300,00 |
EUR |
Hand dredge - grib |
200,00 |
EUR |
Bottom trawl |
200,00 |
EUR |
Beach seine |
180,00 |
EUR |
Pelagic trawls |
100,00 |
EUR |
Coastal trawl |
100,00 |
EUR |
Gillnet |
100,00 |
EUR |
Encircling nets (purse seine) |
100,00 |
EUR |
Beach seine for sardine |
80,00 |
EUR |
Trap for big crustaceans |
75,00 |
EUR |
Trap for shrimps |
50,00 |
EUR |
Trap for fish |
50,00 |
EUR |
Trident |
30,00 |
EUR |
Floating long line |
0,50 |
EUR/per hook |
Bottom long line |
0,80 |
EUR/per hook |
Harvesting of bivalve molluscs |
300,00 |
EUR |
Harvesting of other marine organisms |
2 500,00 |
EUR |
Revocation
A commercial fishing permit may be cancelled,
modified or transferred by decision of the fisheries administration. The
cancellation, modification and transfer of commercial fishing permits are
regulated by Article 56, LMFM, and by secondary legislation (OG of Montenegro No. 08/11).
A permit for commercial fishing shall be cancelled in the following cases:
-
death of the natural person holding the permit;
-
termination of the company to which the permit was granted;
-
closure of commercial fishing activities;
-
failure to comply with the requirements of the Register of Professional
Fishermen, in accordance with the Law;
-
failure to commence commercial fishing activities within the period set by
the permit;
-
failure to comply with the terms and conditions of the permit or to fulfill
missing requirements within the given time;
-
expiry or modification of the certificate of a ship or of a sailing permit
of a boat;
-
removal of the fishing vessel from the Fishing Fleet Register or the
Register of the regional Port Master's Office, as a appropriate;
-
when the requirements for acquiring the permit are no longer complied with;
-
when there are reasons for taking urgent measures for protection of a marine
resource in accordance with the Management Plan;
-
failure to keep daily records of fishing activities into the logbook of the
catch;
-
failure to submit a declaration on the landing of the total catch to the
fisheries administration or to a fishery inspector within 48 hours;
-
at the request of the permit holder;
-
failure to engage in commercial fishing in accordance with the Law.
The permit may be modified:
-
at the proposal of the IMB, for the purpose of protecting marine resources,
-
in emergency cases, in accordance with the management plan.
The permit for commercial fishing may be transferred to another natural or legal
person in case of loss, sale or disposal of the fishing vessel, tools and gear
listed in the permit.
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Sport and recreational fishing licenses
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Sport-recreational fishing may be practiced by natural persons holding a permit
for sport-recreational fishing (Article 59, LMFM). The form of the permit for
sport-recreational fishing shall be distributed by the fisheries administration
to the Sport Fishing Association for the fishing sea of Montenegro (i.e.
waters under national jurisdiction). The permit for sport-recreational fishing
shall be issued by sport-recreational clubs that are members of the Sport
Fishing Association.
The
Sport Fishing Association shall submit to the fisheries administration a report
on the number of permits issued every six months. The permit for
sport-recreational fishing may only be used by the person to whom the permit was
granted. The holder of sport-recreational fishing permit must carry the permit
at any time when performing sport-recreational fishing activities. The form and
the method of distribution of the forms for sport-recreational fishing permits
are established by secondary legislation (OG of Montenegro No. 34/10).
The
permit for sport-recreational fishing may be permanent (i.e. annual) or
temporary (for a shorter period). The permanent permit for sport-recreational
fishing shall be issued for the current calendar year, and the temporary permit
shall be issued for a period not exceeding 30 days. The temporary permit for
sport-recreational fishing may be granted to foreigners (Article 60, LMFM).
A holder
of the permit for sport-recreational fishing must not sell the fish caught (Article 62, LMFM).
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Scientific research licenses
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According to
Article 40, LMFM, fishing activities may have commercial,
sport-recreational or scientific-research purposes. Fishing for
scientific-research purposes is regulated under Articles
24 and
95 of the Law.
In the area of the Bay of Boka Kotorska fishing with the following means shall
be prohibited:
-
bottom trawls;
-
floating trawls; and
-
encircling large-scale fishing nets.
However,
provided that it is necessary for the implementation of research programmes
approved by the Ministry, institutions engaged in scientific and research
activities in the field of marine fisheries may be allowed to fish with such
means, subject to a permit issued by the fisheries administration (Article 24, LMFM). Foreign fishing vessels operating outside the framework of an international
agreement on fisheries may engage in fishing in the fishing sea of Montenegro
only for scientific-research purposes. Such activity may only be performed in
accordance with an approved scientific-research project of national interest and
with the permission of the fisheries administration (Article 95(3), LMFM).
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Definition of terms |
Under the LMFM, national waters are identified with the term fishery sea
of Montenegro, which includes the marine and submarine area of internal
seawaters, the territorial sea and the epi-continental area of Montenegro. The
fishery sea also includes the exclusive economic zone in accordance with the Law.
The boundary of the fishery sea in the rivers flowing into the sea shall be
considered to be the boundary line where such water ceases to be stably saline (Article 2, LMFM). In addition, according to
Article 4, LMFM:
10) coastal waters are rivers, waters of a channel, a bay or an
estuary, transitional waters and “costal waters” as defined under the 1982
United Nations Convention on the Law of the Sea:
-
rivers means a body of inland water flowing for the most part on the
surface of the land or underground for part of its course;
-
transitional waters means bodies of surface water in the vicinity of
river mouths, which are partly saline in character as a result of
their proximity to coastal waters, but which are substantially
influenced by freshwater flows;
-
surface water on the landward side of a line means water every point
of which is at a distance of one nautical mile on the seaward side
from the nearest point of the baseline from which the breadth of
territorial waters is measured, extending where appropriate up to
the outer limit of transitional waters.
Concerning aquatic species,
Article 4, LMFM, states the following:
22) fish and other marine organism 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;
52) living marine resources means available and living species of
fish and other marine organisms, including anadromous and catadromous species
during their marine life. With regard to fishing, the LMFM contains several definitions.
Article 40 of the
Law defines marine fishing as the activity of catching and
collecting fish and other marine organisms.
Moreover,
Article 4, LMFM, contains the following definitions:
28) fishing means activities related to preparation, searching for,
catching, treatment and dispatching of fish caught;
58) collecting means the process of collecting marine organisms
without the use of fishing gear;
29) fishing tools means instrument used for fishing;
30) fishing gear means instrument that enables the use of fishing
tools;
31) fisheries sector means the sector of the economy, including
all activities of catching, treatment and marketing of fish and fish and
aquaculture products;
32) fishing means a group of activities related to management of
living marine resources, including activities related to:
-
fish species and description;
-
fishing area;
-
fishing method;
-
type of fishing vessel;
Marine fishing may have commercial, sport-recreational or
scientific-research purposes (Article 40, LMFM).
Commercial fishing is the catch of economically significant species of
fish and other marine organisms by using permitted tools and gear for the
purpose of marketing (Article 44, LMFM). Large-scale commercial fishing
is carried out by vessels longer than 12 m overall with the fishing tools and
gear indicated under
Article 49 of the Law. Small-scale commercial fishing
is carried out by vessels shorter than 12 m overall, with the fishing tools and
equipement indicated under Article 50 of the Law.
Under
Article 4, LMFM:
36) sport-recreational fishing means fishing for sport or
recreation.
The LMFM
does not give a definition of scientific-research fishing.
Finally,
fishing vessels are defined as follows under
Article 4 of the Law:
26) fishing vessel is a boat, ship or other vessel equipped for
fishing, including fishing gear, equipment or stores for fish;
33) foreign fishing vessel means a fishing vessel which is non
Montenegrin-flagged;
55) third country fishing vessel means a fishing vessel registered
in and flying the flag of another state outside the framework of a treaty in
accordance with this law, and includes “receiving vessels” (in the context of
transshipment operations) as defined by Council Regulation (EEC) No. 2847/93 of
12 October 1993 establishing a control system applicable to the common fisheries
policy;
56) treaty fishing vessel means any fishing vessel belonging to a
country or to a group of countries which is party to a treaty or convention or
other form of international agreement ratified by Montenegro or any fishing
vessel that has been declared as treaty fishing vessels by decision of a
competent administrative authority.
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Conservation and management measures |
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Chapters
II and III of the LMFM respectively deal with the management of living marine
resources and with fisheries policy measures. The Law states that exploitation
of living marine aquatic resources shall be consistent with sustainable economic,
environmental and social development (Article 5, LMFM).
Sustainable development and exploitation of living marine aquatic resources
shall be achieved through:
-
adoption of the precautionary principle in the implemention of
measures for the protection and conservation of living marine
resources while maintaining biological diversity;
-
reduction of the impact of fishing activities on the marine
ecosystem;
-
implementation of an ecosystem approach in fisheries management;
-
proper and rational fishing efforts;
-
establishing the principles of development of responsible fishing
activities;
-
obtaining the opinion of the IMB in the decision-making process of
the competent authorities.
Fish and
other marine organisms, as well as marine biodiversity, shall be protected from
threats to their living environment and from overexploitation (Article 6, LMFM).
In order
to protect biodiversity and its living environment, it is forbidden to:
discharge or dispose of any kind of wastes that could affect the quality of the
marine environment; introduce allochthonous or genetically modified species of
fish or other marine organisms into the sea; engage in underwater activities in
unauthorized locations; and fish, collecting and market protected species of
fish and other marine organisms (Article 7, LMFM).
Management of living resources shall be implemented in accordance with the
Fisheries and Aquaculture Development Strategy of Montenegro, adopted by the
Government of Montenegro for a period of 10 years. The Strategy lays down the
long-term orientations, priorities and objectives of fisheries development, the
financial means and deadlines for their implementation, as well as the
obligations assumed under international agreements (Article 8, LMFM).
The
fisheries policy, set by the Strategy, shall be implemented in accordance with
the National Fisheries Development Programme, adopted by the Government for a
period of 5 years. The Programme shall include: mid-term and short-term
objectives of the fisheries development, types of measures and programmes,
expected results, and provisional amounts and funding sources for the
implementation of policy measures (Article 9, LMFM).
With a
view to ensuring sustainable development, designated fisheries may be declared
based on the species fished or on the concerned fishing areas, with the
possibility of selecting an authority for managing the designated fisheries, in
accordance with the Marine Fishery Management Plan, adopted for a period of 5
years (Article 10 and Article 11(2), LMFM).
The
Marine Fishery Management Plan shall include, inter alia, a description of the
fishery, the biological characteristics and conservation status of the fish
stocks, objectives that should be fulfilled and technical measures to be
implemented, including for the protection of fish stocks. The Plan may also
include guidelines on discard management, the issuance of special fishing
permits, necessary restrictions on fishing activities, etc. (Article 11, LMFM).
If there
is evidence of a serious and unforseen threat to the living marine resources or
to the marine ecosystem resulting from fishing activities, the fisheries
administration shall undertake urgent measures to eliminate that threat. Such
intervention measures normally have a three-month duration, unless the fisheries
administration deems otherwise (Article 12, LMFM).
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In 2009
and in 2011, Montenegro adopted an extensive set of measures regulating
commercial fishing activities. These provisions deal, inter alia, with fishing
methods and gear, technical features of vessels, fishing zones, fishing
protected areas, closed seasons, and maximum number of licenses to be issued.
The MARD
can set a fishing ban for certain species of fish and other marine organisms (closed
season), prohibit the use certain types of fishing gear for commercial and
recreational fishing, determine the basic construction-technical characteristics,
methods of use, time and purpose of certain types of fishing gear and fishing
tools for commercial and recreational fisheries, and determine the minimum legal
catch size of fish and other marine organisms (Article 18, LMFM).
Companies, entrepreneurs and natural persons inflicting damage by illegal
fishing shall compensate the damage done. Compensation for the damage done by
illegal fishing is calculated in accordance with the Law (Article 23, LMFM).
a) Fishing effort and fishing capacity
Based on the advice from IMB and in order to ensure rational management and
protection of economically important species of fish and other marine organisms,
the MARD can limit the number, size and power of fishing vessels, type and
number of fishing gears and fishing tools allowed in a specific area; set a
fishing ban in a given area; limit the amount of catch per single fishery
license; limit the number of licenses for a given type of fisheries. Permits to
use certain locations for diver training and various sport and recreational
activities on sea are issued by the relevant authorities (Article 20, LMFM).
b) Prohibited fishing zones
Fishing in the area of ports, their entrance and access way and places of
anchorage is forbidden. Fishing is prohibited in swimming areas in the period 1
May – 1 October, from sunrise to sunset (Article 19, LMFM).
The MARD
can prohibit fishing of certain species in a specific geographic area for a
given time period in order to protect fish and other marine organisms, with
measures to protect and improve the fisheries, based on the advice from the IMB
(Article
17, LMFM).
The
Rulebook on terms determining the line where freshwater becomes marine water
in mouths of rivers and determining the boundaries of fishery prohibited zones
(OG of Montenegro, 10/04) determines the boundary where fishery is prohibited in
mouth of rivers in the Montenegrin coast (River Bojana and 8 small rivers).
c) Fishing
gear
Fishing with bottom and pelagic trawls and purse seines of large-scale
commercial fisheries is prohibited in the area of Boka Kotorska Bay, except for
scientific research purposes (Article 24, LMFM).
For the
protection of biodiversity in shallow littoral zones, fishing with bottom trawls
and pelagic trawls is prohibited at a distance less than 3 nautical miles from
the coast, or at the depth of 50 m, if the isobath of 50 m is located at a
distance of less than 3 nautical miles.
Fishermens’ posts may be set up in the Bay of Boka Kotorska in accordance with
the provisions and requirements of Article 27, LMFM.
The MARD
shall establish, at the proposal of the IMB, technical characteristics of fish
aggregating device, regulation of fishing in the area, marking and
identification of the area and site for placing fish aggregating devices (Article 28, LMFM).
Rulebook
on construction–technical basis, mesh size, method of use and purpose of certain
net types and other means for commercial fishing (OG of Montenegro No. 8/11) lays down the basic construction-technical characteristics, method of use, time,
purpose, quantity and type of fishing tools and gear that is permitted for use
in large scale and small scale commercial fishing, as well as the marking of
fishing tools and gear and the method of establishing the construction-technical
characteristics of the fishing tools and gear.
The
following fishing tools and gear may be used in commercial fishing:
-
bottom trawls;
-
pelagic (floating) trawls;
-
entangling nets;
-
beach seines;
-
beach trawls;
-
gillnets;
-
traps for fish and other marine organisms;
-
harpoons;
-
long lines and other angling gear;
-
tramata nets.
d) Fishing methods
It is prohibited to catch the fish and other marine organisms with explosives,
chemicals or other means that kill, stun or poison, and collection and placing
on the market of fish and other marine organisms caught by the means mentioned (Article 21, LMFM).
e) Minimum size
and juveniles
The minimum size of fish and other marine organisms, including anadromous and
catadromous species, below which catch and trade is prohibited shall be set by
the Ministry. It is prohibited to catch, purchase, sale, storage, transport or
retain on board fish and other marine organisms that are smaller than the
minimum landing size. As an exception to this provision, the fisheries
administration can, at the proposal of the IMB and for the purpose of breeding,
restocking and research, allow the catch of juveniles, reproductively immature
fish and other marine organisms in certain locations at certain times and the
use of certain fishing gears (Article 16, LMFM).
The
Order on prohibition of catch and trade in fish juveniles, undersized fish
and other marine organisms (OG of Montenegro No. 8/11) prohibits to
catch and trade juveniles, undersized fish and other undersized marine organisms
and determines the rules for the measurement of fish and other marine organisms.
Catch of sardines and anchovy of less than 6 cm in length is prohibited in the
Bay of Boka Kotorska. Females of lobster, spiny lobster, Norway lobster with
external eggs and spiny spider crab (Maja squinado) with darkened external eggs
shall be returned into the sea immediately after catch, regardless of their size.
Fishing
activities should be interrupted in any area if the catch of undersized fish and
other marine organisms in fishing operations with bottom and floating trawls,
seines or tow nets in one towing is more than 50 percent of the total catch.
Catch of undersized fish and other undersized marine organisms can be up to 20
percent of the total catch.
Scientific name
|
Minimum size
|
FISH
|
|
Rombun (Pagellus erythrinus)
|
15 cm
|
Rombun batoglavac (Pagellus acarne)
|
15 cm
|
Bežmek (Uranoscopus scaber)
|
16 cm
|
Bukva (Boops Boops)
|
13 cm
|
Cipol balavac (Liza ramada)
|
27 cm
|
Cipol bataš (Mugil cephalus)
|
40 cm
|
Cipol mržnjak (Liza saliens)
|
28 cm
|
Cipol putnik (Chelon labrosus)
|
32 cm
|
Cipol zlatar (Liza aurata)
|
28 cm
|
Fratar (Diplodus vulgaris)
|
15 cm
|
Gavun obični (Atherina hepsetus)
|
8 cm
|
Gavun oliga (Atherina boyeri)
|
6 cm
|
Gljara oblica (Spicara smaris)
|
12 cm
|
Gljara oštrulja (Spicara flexuosa)
|
12 cm
|
Gof (Seriola dumerili)
|
50 cm
|
Grdoba mrkulja (Lophius piscatorius)
|
60 cm
|
Grdoba žutka (Lophius budegassa)
|
40 cm
|
Inćun (Engraulis encrasicolus)
|
11 cm
|
Patarača (Platichthys flessus luscus)
|
25 cm
|
Jegulja (Anguilla anguilla)
|
30 cm
|
Kanjac (Serranus cabrilla)
|
16 cm
|
Kavala (Sciaena umbra)
|
30 cm
|
Kernja (Epinephelus marginatus)
|
50 cm
|
Kokot glavaš (Trigloporus lastoviza)
|
24 cm
|
Orada (Sparus aurata)
|
20 cm
|
Šanpjer (Zeus faber)
|
25 cm
|
Švoj (Solea vulgaris)
|
25 cm
|
Lancarda (Scomber japonicus)
|
25 cm
|
Brancin (Dicentrarchus labrax)
|
25 cm
|
Tragalj (Spicara maena)
|
14 cm
|
Oslić Luc (Merluccius merluccius)
|
20 cm
|
Marmora (Lithognathus mormyrus)
|
18 cm
|
Pagar (Pagrus pagrus)
|
32 cm
|
Palamida (Sarda sarda)
|
45 cm
|
Pas čukov (Mustelus mustelus)
|
75 cm
|
Pas kostelj (Sljualus acanthias)
|
65 cm
|
Pas piknjavac (Mustelus punculatus)
|
60 cm
|
Pic (Diplodus puntazzo)
|
22 cm
|
Pišmolj, Ugotica velika (Merlangius merlangius euxinus)
|
12 cm
|
Pirka (Serranus scriba)
|
15 cm
|
|
Scientific name
|
Minimum size
|
FISH
|
|
Raža kamenica (Raja clavata)
|
73 cm
|
Ražica modropjega (Raja miraletus)
|
32 cm
|
Sabljarka (Xiphias gladius)
|
120 cm
|
Salpa (Sarpa salpa)
|
25 cm
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Skuša (Scomber scombrus)
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20 cm
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Smokva (Labrus bimaculatus)
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18 cm
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Srdela (Sardina pilchardus sardina)
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12 cm
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Šarag (Diplodus sargus sargus)
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21 cm
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Škrpina (Scorpaena scrofa)
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25 cm
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Škrpun (Scorpaena porcus)
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14 cm
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Šnjur (Trachurus trachurus)
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20 cm
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Šnjur pučinar (Trachurus mediterraneus)
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20 cm
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Špar (Diplodus annularis)
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10 cm
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Barbun kamenjarka (Mullus surmeletus)
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13 cm
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Barbun (Mullus barbatus)
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13 cm
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Trupac (Auxis rochei)
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32 cm
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Tunj (Thunnus thynnus)
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90cm/15kg
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Ugor (Conger conger)
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40 cm
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Ukljata (Oblada melanura)
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17 cm
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Vrana (Labrus merula)
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22 cm
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Zubatac (Dentex dentex)
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30 cm
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CRUSTACEA
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Karlo Hlap (Homarus gammarus)
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28 cm
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Jastog (Palinurus elaphas)
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28 cm
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Grancigula (Maja sljuinado
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10 cm
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Škamp (Nephrops norvegicus)
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10 cm
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Crni gambor (Penaeus kerathturus)
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10 cm
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Kozica (Parapenaeus lingirostris)
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9 cm
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CEPHALOPODS
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Sipa (Sepia officinalis)
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12 cm
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Hobotnica (Octopus vulgaris)
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1 kg
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Muzgavci (Eledone moschata)
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0.2 kg
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For shellfish (Bivalvia)
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BIVALVIA
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Dagnja (Mytilus galloprovincialis)
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5 cm
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Jakovljena kapica (Pecten jacobaeus)
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9 cm
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Kamenica (Ostrea edulis)
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6 cm
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Kokoš (Venus gallina)
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2.5 cm
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Kućica (Ruditapes decussatus)
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2.5 cm
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Kunjka (Arca noae)
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5 cm
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Prnjavica (Venus verrucosa)
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3 cm
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OTHER BIVAçVIA SPECIES
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2 cm
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f) Protected species
The Government may, at the proposal of the MARD and based on prior approval of
the Ministry in charge of environmental protection, declare certain species of
fish and other marine organisms as protected species. It is prohibited to catch,
take, receive, purchase, sell, store, transport and retain on board any kind of
protected species (Article 15, LMFM).
Catching, marketing or exporting of date-shell (Litophaga litophaga) in the
entire Montenegrin territory is forbidden, in order to provide the protection of
the rocky coast as a special habitat (Article 26, LMFM).
It is prohibited to catch marine mammals (whales, dolphins, seals, etc.) sea
birds and sea turtles and in case they are caught accidentally, they must be
returned into the sea.
The Resolution on protection on certain plant and animal species (OG
of Montenegro No. 76/06) forbids to remove from their habitat, damage or destroy,
hunt, disturb, catch or kill any of the plant and animal species listed, as well
as their developmental stages, lairs and nests; their habitats are not to be
damaged or destroyed:
-
Plants: Posidonia oceanica;
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Corals: Madrepora oculata, Cladocora caespitosa,
Antipathes subpinata, Corralium rubrum, Eunicella cavolinii, E.
stricta, Gerardia savaglia;
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Mollusks: Lithophaga lithophaga, Pinna nobilis, Luria
lurida, Mitra zonata, Tonna galea;
-
Fish: Acipenser naccarii, A. sturio, Cetorhinu smaximus,
Carcharodon carcharias, Mobula mobular, Hippocampus hippocampus, H.
guttulatus, Mola mola, Pomatoschists tortonesei;
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Sea turtles: Caretta caretta, Chelonia mydas;
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Mammals: Delphinus delphis, Stenella caeruleoalba,
Stenella frontalis, Tursiops truncatus, Grampus griseus, Monachus
monachus, Balaenoptera physalus.
g) Protected areas
The Ministry of Agriculture and Rural Development (MARD) can establish
protected fishing areas suitable for natural reproduction and feeding of
juvenile fish and other marine organisms in order to ensure their protection.
The exact limits of such areas, as well as any protection and development
measures will be determined by the MARD in special by-laws, based on the advice
from the IMB (Article 13, LMFM).
Article 14 of the Law states that the following activities are prohibited in fishing
protected areas:
-
perform or attempt to perform any fishing activity;
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take or destroy any flora or fauna;
-
place or exploit sand or gravel, leave or dispose of any kind of
waste or polluting materials or disturb, change or destroy the
environment in any way;
-
build or place structures on the ground or over water surfaces;
-
perform any kind of activities that may adversely affect the
ecosystem of the protected area.
Special
fishing licences can be issued for purposes of reproduction, farming,
re-stocking and migration of certain species of fish and other marine organisms.
The MARD will regulate such activities (including the period when they are
permitted, fishing gear allowed, etc) through special by-laws. Although Article 4(43), LMFM, defines Marine Protected Areas (MPA) as any area
littoral system, together with its overlying water and associated flora, fauna,
historical and cultural features, protected in accordance with the Law, the Law
itself does not regulate them. Provisions on MPAs are generally found in
environmental legislation (e.g. the 2008 Law on Nature Protection and
Environment). There are currently no MPAs in Montenegro; however a pilot study
was conducted during 18 months program (July 2009 – December 2010) for the
establishment of the Katic MPA, that would cover a coastal stretch
of approximately 10 km between the municipalities of Budva and Bar. A Management
Plan would then define the MPA development strategies. By 2015, the Katic MPA
should be set up and considered as an operational model for the development of a
national system of MPAs in Montenegro.
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Recreational and sport fishing
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According to the Rulebook on sport and recreational fishery at sea (OG of
Montenegro No. 34/10), it is allowed to catch 3 kg of fish or other marine
organism (except Chondrichthyes), or one fish of 5 kg (except on competitions).
Fishing
tools allowed in sport and recreational fishery at sea:
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Fishing lines, maximum 2 pieces with maximum 3 hooks on each line;
hook width no less than 7 mm;
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Fishing lines for Cephalopods, maximum 2 pieces with or without use
of light of 400 cd power;
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Rods, maximum 2 pieces with maximum 3 hooks on each rod;
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Underwater gun without explosive charge;
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One harpoon;
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Harpoon with or without use of light of 400 cd power, with vessel
without engine and opaque bottom;
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One trap;
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Fixed (bottom) long lines, maximum 50 hooks.
The
method, the type and the number of fishing tools and gear which is permitted for
use in sport-recreational fishing, the form and the content of the permit for
sport-recreational fishing shall be laid down by the Ministry (Article 66, LMFM).
It is prohibited to use divers’ apparatus or similar devices that enable the
diver to breathe under the water with underwater gun in commercial or
sport-recreational fishing (Article 22, LMFM).
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Monitoring, control and surveillance |
a)
Fleet register
In
accordance with the 1978 Law on Maritime and Inland Navigation, as amended (OG
of the Socialist Republic of Montenegro Nos. 19/78, 8/79, 19/87, 22/90 and
13/91), any vessel, including fishing vessels, operating in Montenegrin waters
shall be entered in the Register of the regional Port Master’s Office. The entry
in the Register is subject to compliance with a number of requirements and to
determination of seaworthiness. Vessels may not be entered in the Register in
case they appear in the register of another Port Master’s Office or in the
register of a foreign country.
In addition to the register kept by the competent Port Master’s Office, the MARD,
in accordance with the 2009 Law on Marine Fisheries and Mariculture, enters the
fishing vessels into the Fishing Fleet Register, on the basis of the previously
obtained permit for commercial fishing. The contents and maintenance of the
Fleet Register are regulated by the Rulebook on the Register of Fishing Vessels
(OG of Montenegro No. 8/11).
The following data are recorded in the Fishing Fleet Register: basic data on the
vessel, data on the construction of the vessel, data on the tonnage of the
vessel, data on the vessel’s dimensions, data on communication equipment, data
on the vessel owner, data on the permit for commercial fishing, data on fishing
fleet segments, data on auxiliary equipment, data on propulsion and auxiliary
engines and history of all alterations made on the vessel.
The Fishing Fleet Register is an integral part of the Fisheries Information
System (FIS) of Montenegro (Figure 1).
Figure 1. Structure of the Fisheries Information System of Montenegro
The
following have been developed so far within the FIS: Fishing Fleet Register,
Logbook for vessels over 10 m length overall, Report on catches for vessels up
to 10 m length overall, Register on Permits, Common Alarm System, User
Management System, Electronic Reporting for GFCM and System for Satellite Vessel
Monitoring for vessels over 10 m length overall.
b) Data collection
In Montenegro, data are currently collected through tree institutions:
A. Statistical Office of Montenegro (MONSTAT)
MONSTAT
is responsible for the collection, processing and dissemination of statistical
data, including data on fisheries statistics that are collected by the
Department for Agricultural Statistics through four statistical surveys:
-
Monthly report on marine fisheries – collecting data on catch
of fish by species and/ or group of organisms. Data on catches of
marine fishes for individual (professional) fishermen are reported
based on the assessment of MONSTAT Professional Services in the
municipalities in which individual (professional) fisherman are
residents. Professional Service assess the catch of individual
fishermen based on: records of trading and processing companies
which purchase fish from individual fishermen; information on the
fishery tools and equipment (type and number of nets, hooks, traps,
etc.); time of appearance of fish species in a given fishery area;
concerned fishing area. Reports based on the assessment method often
do not cover the full range of information required, due to the lack
of records or the inadequacy of existing records. For companies and
fishermen cooperatives (more precisely, for one fishing
cooperative), information is obtained through the reporting method,
and reports are filled from the accounting records of companies
engaged in fishing as a primary or secondary activity.
-
Annual report on fishermen and fishing tools in marine fisheries
- data are collected from the IMB through the reporting method.
Through this survey, data are collected on persons employed
(full-time and part-time employees), on the number and capacity of
fishing vessels and boats, as well as on fishing tools.
-
Annual report of fish farming contains information on
personnel (full-time and part-time employees), information on fish
ponds (fish farm surface, fish fry production, consumable fish
production in trout ponds and food consumption). Data are obtained
through the reporting method from fish farm owners. In Montenegro
there are two marine fish farms (sea bass and sea bream). They are
currently not included in the MONSTAT statistical survey for data
collection, but they will be introduced in near future.
-
Annual report on fishing in rivers and lakes.
B. Ministry of Agriculture and Rural Development (MARD)
Through logbooks and monthly reports, the MARD collects data on landing for each
vessel, number of fishing days, and other data from the logbook, which is
compliant with the EU logbook format (Figure 2). According to the Rulebook
on the form and contents of fishing log books, declaration on landings, report
on catch and deadline for submitting the reports on total catch and landings and
method of notification and keeping records on transhipping of fish and other
marine organisms (OG of Montenegro No. 8/11) the holders of permits for
commercial fishing with a fishing vessel of 10 meters length overall and above
shall keep the logbook and present a copy of the logbook page together with the
landing declaration to a fisheries inspector within 48 hours from the moment of
landing. Holders of permits for commercial fishing with a fishing vessel up to
10 m length overall shall present the monthly report on total catch and landing
of catch to a fisheries inspector no later than the 15th day of the month for
the previous month.
The MARD Fishery Information System (FIS) and the Vessel Monitoring System (VMS)
for vessels over 10 meters length overall were established and implemented
through the EU Instrument for Pre-accession Assistance (IPA) 2009 Project on
Sustainable Management of Marine Fishery. One of the FIS subsystems is the
Logbook System with landing declarations and monthly reports, which is compliant
with the EU fisheries logbook format.
The MARD keeps data on vessels (number and characteristics), number of licenses,
number and type of fishery tools for each fishing permit. These data are stored
in the FIS.
Figure 2. Example of a fishing logbook in Montenegro
C. Institute of Marine Biology (IMB), Kotor
The
IMB conducts surveys at sea for biomass estimation of demersal and pelagic
resources (MEDITS and MEDIAS Project; participation of Montenegro supported by
FAO AdriaMed).
Biological data (total length, total weight, maturity stage, age) for
commercially important species (Merluccius merluccius, Mullus barbatus,
Sardina pilchardus¸ Engraulis encrasicoluis¸ Boops boops¸ Lophius budegassa¸
Pagellus erythrinus¸ Parapenaeus longirostris¸ Melicertus kerathurus, Loligo
vulgaris, Illex coindetii, Sepia officinalis) are collected through FAO
AdriaMed Project - Study of the monitoring of fisheries sector in Montenegro,
applying the Operational Unit (OU) concept of biological sampling.
In
the framework of IPA 2009 Project on Sustainable Management of Marine Fishery, a
revised version of FAO AdriaMed biological sampling was proposed and implemented
in the 2013 collection programme. This system is not fully compliant with EU
Data Collection Framework.
Data
on catch composition of commercially important species in trawl fishery are
collected through national monitoring supported by MARD, according to the MEDITS
protocol.
c)
Vessel Monitoring System
In 2012, Montenegro has established a VMS for vessels over 10 m length overall.
This system is directly connected with the Fishing Fleet Register and enables
the calculation of fishing days in order to determine the fishing effort in
different fishing areas.
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