13 Annex - Fisheries
49. LAW ON MARINE FISHERIES AND MARICULTURE
Pursuant to Article 95 item 3 of the Constitution of
Montenegro, I hereby issue the
Decree on Promulgating
the Law on Marine Fisheries and Mariculture
(Official
Gazette of Montenegro 56/09 of 14 August 2009)
I hereby
promulgate the Law on Marine Fisheries and Mariculture
passed by the 24th Parliament of Montenegro at the third
sitting of the first ordinary session in 2009 on 27 July
2009.
No: 01-2328/2
Podgorica, 05 August 2009
The President of Montenegro
Filip Vujanovic, manu propria
LAW ON MARINE FISHERIES AND MARICULTURE
I GENERAL PROVISIONS
Article 1
Marine fisheries, in the terms of this Law,
means the management of the living marine resources and
applies to fishing, collecting and protecting fish and
other marine organisms based on the principles of
sustainable development within the fishery sea of
Montenegro.
This Law shall regulate mariculture as well.
Fish and other marine organisms in the fishery sea of
Montenegro, being a resource of common interest, enjoys
special protection and are used in the way and under the
terms laid down by this Law and other regulations.
Article 2
The fishery sea of Montenegro (hereinafter
referred to as: the fishery sea) includes marine and
submarine area of internal seawaters, territorial sea
and epi-continental area of Montenegro as defined by the
Law governing the sea.
The fishery sea includes also the
exclusive marine economic zones 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.
The boundary line referred to in paragraph 3 of
this Article shall be set by the Ministry competent for
marine fisheries (hereinafter referred to as: the
Ministry).
Article 3
Companies and entrepreneurs, or other legal
and natural persons, may engage in marine fisheries (hereinafter
referred to as: the fishery) under the terms set by this
Law.
Foreign legal and natural persons may engage in
marine fishery in accordance with the Law.
This Law
shall also apply to the fishing efforts of
Montenegrin-flagged fishery vessels beyond the
boundaries of the fishery sea referred to in Article 98
of this Law.
Article 4
For the purpose of this Law the
following definitions shall apply:
-
mariculture means the rearing or cultivation of fish
and other marine organisms in the fishing sea using the
techniques designed to increase the production of the
said organisms beyond the natural capacity of the
environment;
-
biodiversity (biological diversity) means the
variability among living organisms, including
terrestrial, marine and other aquatic ecosystems and the
ecological complexes, and the diversity within a species,
between species and ecosystems;
-
bivalve molluscs (Lamellibranchia class) means
filter-feeding lamellibranch molluscs;
-
boat seines means surrounding nets and towed seines
which are operated and hauled by means of ropes and
winches from a boat under way or at anchor and not towed
by means of the main boat engine, consist of two lateral
wings and a central bunt either in the form of a spoon
or with a bag in the rearmost part and may operate from
the surface to the bottom depending on the target
species;
-
trawl nets means nets which are actively towed by the
main boat engine and consisting of a cone- or
pyramid-shaped body, closed at the back by a cod-end and
which can extend at the opening by the wings or can be
mounted on a rigid frame; horizontal opening is either
obtained by otter boards; it can be towed either on the
bottom (bottom trawl net) or in midwater (pelagic trawl
net);
-
bottom-set gillnet means any net held vertically in
the water by floats and weights fixed or being fixed by
any means to the bottom of the sea and maintain the gear
in place either close to the bottom or floating in the
water column, and which is made up of a single piece or
three pieces of net depending target species;
-
by-catch is fish which:
-
are not the species of fish directly targeted;
-
belong to a species not identified as by-catch in the
applicable licence;
-
includes economic and regulatory discards; and
-
does not include fish which are released alive under
a recreational catch and restocking programme;
-
capacity means the capacity of an ecosystem to
support healthy organisms, maintain productivity,
adaptability and renewal capability;
-
catch limit means a quantitative limit on landings of
a stock or group of stocks over a given period;
-
coastal waters are rivers, waters of a channel, a
bay or an estuary, transitional waters and “costal
waters” as defined under the Convention of the Right of
the Sea of the United Nations 1982:
-
rivers means a body of inland water flowing for the
most part on the surface of the land or may flow
underground for part of its course;
-
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 whose every point 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;
-
conservation reference points means values of fish
stock population parameters (such as biomass or fish
mortality rate, etc.) used in fisheries management, with
respect to an acceptable level of biological risk or a
desired level of yield;
-
coralligenous habitat means an area where a part of
the seabed is characterized by the dominant presence of
a specific biological community named “coralligenous” or
where such community has existed and is in need of
restoration action;
-
coral reef means a complex biogenic structure that
was created by continuous overlapping of previously
rocky or hard substratum with limestone layer, which is
primarily created by covering of calcified red algae and
animal organisms (sponges, ascidia, cnidaria, briozoe,
annelid), together with other organisms fixators of
limestone;
-
place of the first landing means a anchor, port or
other place which meets the prescribed requirements for
landing of fish;
-
restocking means releasing of permitted species of
fish and other marine organisms in waters where they
occur naturally, in order to use natural aquatic
environment to increase the number of fish and increase
the natural recruitment;
-
discards means the total live weight of undersized,
not saleable, or otherwise undesirable fish, discarded
at the time of capture or immediately afterwards;
-
diving gear means equipment used in diving including
masks, flippers, breathing equipment used in diving:
scuba gear, air-tanks, airlines and pumps;
-
dredges means a fishing vessel which is towed mostly
by the main boat engine (boat dredge) or hauled by a
motorized winch from an anchored vessel (mechanized
dredge) to catch bivalves, gastropods or sponges and
which consists of a net bag or metal basket mounted on a
rigid frame or rod of variable size and shape whose
lower part may carry a scraper blade that can be either
rounded, sharp or tooted, and may be equipped with skids
and diving boards.
-
Hydraulic dredge means a dredge equipped with
hydraulic equipment.
-
Hand dredges means a dredge pulled by hand or by
manual winch in shallow waters with or without a boat to
catch bivalves, gastropods or sponges and shall not be
considered towed gears for the purpose of this Law;
-
marine ecosystem means a complex structural and
functional unity of non-living and living nature, that
is, biotopes and biocenosis;
-
ecosystem approach means the comprehensive
integrated management of human activities based on the
best available scientific knowledge about the ecosystem
and its dynamics, in order to identify and take action
on influences which are critical to the health of marine
ecosystems, thereby achieving sustainable use for
ecosystem goods and services and maintenance of
ecosystem integrity;
-
first sale fish means fish being marketed for the
first time at the first landing site;
-
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;
-
fishing aggregating device (FAD) means any equipment
floating on the sea surface and aggregating underneath
either juveniles or adult specimens of highly migratory
species;
-
fishing capacity means a vessel's tonnage in GT (gross
tons) or its power in kW or in relation to certain types
of fishing effort: the number and size of fishing tools
or equipment, or only the size of the vessel's fishing
tools and equipment;
-
fishing effort of a fishing vessel means the product
of the capacity and activity of a fishing vessel, and
for a group of fishing vessels it is sum of the fishing
efforts of all fishing vessels in the group;
-
fishing vessel is: a boat, ship or other vessel
equipped for fishing, including fishing gear, equipment
or stores for fish;
-
fisherman means a natural person who engages in
professional fishing on a registered fishing vessel or
is included in the fishing activity;
-
fishing means activities related to preparation,
searching for, catching, treatment and dispatching of
fish caught;
-
fishing tools means instrument used for fishing;
-
fishing gear means instrument that enables the use
of fishing tools;
-
fisheries sector means the sector of the economy,
including all activities of catching, treatment and
marketing of fish and fish and aquaculture products;
-
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;
-
foreign fishing vessel means a fishing vessel which
is non Montenegrin-flagged;
-
fishery reserve is a part of the fishery sea
suitable for natural reproduction of fish and sustenance
of juveniles as well as for other marine organisms;
-
introduction means the process by which
allochthonous fish species is moved, i.e., introduced
into areas that are not their natural habitats;
-
sport-recreational fishing means fishing for sport
or recreation;
-
catch logbook is a document on daily activities of a
fishing vessel;
-
longline means a fishing gear which comprises a main
line carrying numerous hooks on branch lines (snoods) of
variable length and spacing depending on the target
species; it may be deployed either vertically or
horizontally to the sea surface (surface longline) or
near the bottom (bottom-set longline);
-
anadromous species means fish species which move
from the sea to freshwaters for spawning;
-
catadorme species means species of fish which move
from the freshwaters into the sea for spawning;
-
marine bio-toxins means poisonous substances
accumulated by bivalve molluscs as a result of feeding
on toxic phytoplankton;
-
marine environment means the physical, chemical,
geological and biological components, conditions and
factors which interact and determine the productivity,
state, condition and
quality of the marine ecosystem, the seawaters and the
airspace above those waters, as well as the seabed and
subsoil thereof;
-
marine protected area is any area littoral system,
together with its overlying water and associated flora,
fauna, historical and cultural features, protected in
accordance with the law;
-
nautical mile means international measurement unit
of 1852 metres;
-
allochthonous fish species means species whose
historically known natural habitat is beyond the fishing
sea;
-
autochthonous fish species means fish whose
historically known natural habitat is in the fishing sea;
-
precautionary approach to fisheries management means
the principle which does not allow that, due to the
absence of adequate scientific information, the
management measures aimed at conservation of target
species, associated or interdependent species and
non-target species and their habitats are postponed or
not taken;
-
purse seines means an encircling net used for
catching pelagic fish, with plastic buoys on the top and
lead weighs on the bottom so that buoys overbear lead
weighs which enables the net to float on the surface.
The net is closed on the top by a rope which passes
through a system of rings and that enables the fish to
be closed inside the net;
-
sea grass bed means an area where the seabed is
characterised by the dominant presence of phanerogams,
or where such vegetation has existed and is in need of
restoration action;
-
Sea grass is a collective terms for the species
Posidonia oceanica, Cymodocea nodosa, Zoostera marina
and Zoostera noltii;
-
shore seines means commercial (encircling) and towed
seines set from a boat and operated from the shore;
-
living marine resources means available and living
species of fish and other marine organisms, including
anadromous and catadromous species during their marine
life;
-
sustainable exploitation of fish stocks means the
exploitation in such a way that the future exploitation
of the stock will not be jeopardized and that does not
have a negative impact on the marine eco-system;
-
trap means fishing gear fixed to or deployed on the
bottom and which acts as a trap to catch fish, and they
are constructed in the form of a basket, pot, barrel or
cage, and in the majority of cases they comprise a rigid
or semi-rigid frame made of various material (wood,
wicker, metal rods, wire netting, etc.) that may but
need not be covered with netting;
-
third country fishing vessel means a fishing vessel
registered in and flying the flag of another state and
is not under a treaty in accordance with this law and
includes a receiving vessel in accordance with the
Council Regulation 2847/93;
-
treaty fishing vessel means a fishing vessel
belonging to a country or groups of countries which is a
party to a treaty or convention or other form of a
ratified international agreement and a fishing vessel
which has been declared by the Decision of an
administration authority as a treaty fishing vessels;
-
fisherman’s post for tow nets means an area in the
sea and on the coast where the net are towed and hauled;
-
collecting means the process of collecting marine
organisms without the use of fishing gear.
II MANAGEMENT OF THE LIVING MARINE RESOURCES 1. The principles for sustainable management of the
living marine resources and marine environment
Article 5
The exploitation of living marine aquatic resources is
consistent with sustainable economic, environmental and
social development. The sustainable development referred
to in paragraph 1 of this Article shall be achieved by:
-
use of the precautionary principle in implementing
the measures of protection and conservation of living
marine resources while maintaining the biological
diversity;
-
reduction of the impact of fishing activities on the
marine eco-system;
-
implementing an eco-system-based approach in
fisheries;
-
proper and rational fishing efforts within
cost-effective and competitive fisheries that can
provide an adequate standard of living for those engaged
in fishing, while considering the interests of consumers;
-
establishing the principles of development of
responsible fishing activities;
-
obtaining the opinion of the Institute of Marine
Biology (hereinafter referred to as: the Institute) in
the decision-making process of the competent authorities.
2. Protection of the marine environment and living
marine resources
Article 6
Fish and other marine organisms, as well as
marine biodiversity, shall be protected from threat to
their vital environment and overexploitation. The protection referred to in paragraph 1 of this
Article shall be obtained by implementing measures aimed
at preserving the bio-ecological reproduction potentials
and conditions of the environment.
3. Measures on the protection of biodiversity and
environmental conditions
Article 7
In order to protect
the biodiversity and conditions of the environment:
-
it is prohibited to dispose of or discharge liquid or
solid wastes from production or processing or any other
materials that have adverse effects on the quality of
marine environment;
-
it is prohibited to restock, to introduce
allochthonous species of fish and other marine organisms,
genetically modified species of fish or other marine
organisms into the sea;
-
it is prohibited to engage in underwater activities
in locations that the permit had not been obtained for
from the administration authority competent for fishery
(hereinafter referred to as: the administration
authority);
-
it is prohibited to engage in fishing, collecting and
marketing of protected species of fish and other marine
organisms.
Where new biological habitats can be established,
artificial underwater reefs shall be placed for the
purpose of protecting biodiversity and conditions of the
environment.
4. Montenegro Fisheries Development Strategy
Article 8
For the purpose of achieving the principles referred to
in Article 5 of this Law, the management of living
resources in the fishing sea and the protection of
marine environment shall be implemented in accordance
with the Fisheries and Aquaculture Development Strategy
of Montenegro (hereinafter referred to as: the Strategy).
The Strategy lays down the long-term directions,
priorities and objectives of the fisheries development,
the financial means and deadlines for their
implementation, as well as the obligations assumed under
international agreements, notably:
-
management and development of the fishing fleet, in
particular, the development of the fishing effort and
capacity, taking into account availability of fishing
resources, environmentally-friendly fishing methods and
a sustainable development of fishing activities;
-
sustainable development of the aquaculture sector;
-
sustainable development of the processing and
marketing of fish and aquaculture products;
-
sustainable development of fishing areas, including
the criteria for designation of the priority areas;
-
competitiveness of the fisheries sector, including
the improvement of its structure, organisation and
conditions of work;
-
preservation of human resources in the fisheries
sector, in particular through further development of
professional skills, securing the sustainability of
employment and improving the position and the role of
women;
-
protection and development of the environment in the
fisheries sector.
In the process of development of the Strategy, for the
purpose of assessing the planned sustainable development
through integration of the protection and the
development of the
environment and gender equality, the Ministry shall
establish co-operation especially with the following:
-
competent national and local administration
authorities;
-
scientific and other expert institutions,
organisations and bodies;
-
interested legal and natural persons in fisheries
sector.
The Strategy referred to in paragraph 1 of this Article
shall be adopted by the Government of Montenegro (hereinafter
referred to as: the Government) for the period of 10
years. The Strategy may include the data on priorities,
objectives, estimates on financial means necessary and
the deadlines for:
-
provision of equipment, means and other conditions
for performing inspection over fishing activities and
collecting the data and information of relevance for the
common fishery policy;
-
supply of fish and fish products and the development
of fishing activities beyond the fishing sea in
accordance with the ratified international agreements.
5. National Fisheries Development Programme
Article 9
Montenegro's fisheries policy, set by the Strategy,
shall be implemented in accordance with the National
Fisheries Development Programme (hereinafter referred to
as: the National Programme).
The National Programme
includes: mid-term and short-term objectives of the
fisheries development, types of measures and programmes,
expected results, and provisional amounts and sources of
funds necessary for implementation of the fishery policy
measures.
The National Programme shall be adopted by the
Government for the period of 5 years.
The National Programme shall be published in the “Official Gazette of
Montenegro”.
6. Designated fishery
Article 10
For the
purpose of ensuring sustainable development referred to
in Article 5 of this Law, the Ministry may declare a
designated fishery or a number of designated fisheries
in the fishing sea based on:
-
fish species or a group of fish species, or
-
fishing areas.
The regulation referred to in paragraph 1 of this
Article shall also define:
-
local and scientific names of fish species;
-
geographical coordinates of the fishing area;
-
other issues of relevance for managing designated
fishery in accordance with this Law.
The fishery management referred to in paragraph 1 of
this Article shall be implemented in accordance with the
Marine Fishery Management Plan (hereinafter referred to
as: the Management Plan), adopted by the Government for
the period of five years.
7. Management Plan
Article 11
The fishery, or the
designated fishery or fisheries, as appropriate, shall
be managed by the administration authority in accordance
with the Management Plan setting the rules on catch
based on biological parameters for catch limits
previously defined.
Notwithstanding the paragraph 1 of
this Article, the fishery management for designated
fishery or fisheries management regime of which has been
agreed under the terms of an international agreement,
shall be implemented by the authority designated by such
agreement.
A Management Plan shall include:
-
a description of the fishery by reference to area,
fish species, fishery characteristics, fishing methods
and the present state of exploitation;
-
monitoring of the state of stocks of economically
significant species of fish and other marine organisms
at the bottom and in free water;
-
an analysis of the fish stocks including their
biological characteristics and the conservation status;
-
objectives to be achieved in the planned period;
-
tasks to be implemented in the planned period;
-
specific technical measures to be implemented,
including the measures for the protection of fish stocks;
-
scientific database for the Management Plan which, if
so defined, shall changed from an approach based on fish
stocks estimate to an eco-system based approach;
-
means needed for achieving of the planned objectives
as defined by the Strategy;
-
economic impact of planned measures on the fishery;
-
criteria for evaluation of the Plan efficiency;
-
date of the evaluation of results achieved in
implementation of the Management Plan by the authorities,
which must be done regardless of the obligation of
monitoring the implementation of the Management Plan.
The Management Plan may also include the guidelines for:
-
issuing permits which may, but do not have to, cover
only boats, gear, fishermen or the method of control of
catching the fish and other marine organisms;
-
issuing special permits for experimental fishing;
-
issuing special permits for specific types of vessels
and for the vessels of less than 10 metres in length;
-
reduction of discards;
-
method of monitoring of fishing vessels of less than
15 metres in lenght;
-
issuing permits for sport fishing or diving;
-
temporary derogation from the Management Plan,
including technical measures or other gear- or
vessel-related limitations for a fishing;
-
restrictions, where necessary, to fishing activities.
In the process of development or revision of the
Management Plan, the administration authority shall
cooperate with the competent authorities of the public
and local administration, fishermen or representatives
of fishermen's associations and other legal and natural
persons interested in fishery management.
8. Intervention management measures
Article 12
Where
there is evidence of a serious and unforeseen threat to
the living marine resources or marine ecosystem
resulting from fishing activities in the fishing sea of
Montenegro, the administration authority shall undertake
urgent measures to eliminate that threat.
The measures
referred to in paragraph 1 of this Article may not last
longer than three months.
Notwithstanding the paragraph
2 of this Article, intervention measures may last longer
than three months, depending on the assessment of the
administration authority.
Where the measures referred to in paragraph 1 of this
Article are taken under the terms of a ratified
international agreement, prior to adoption of the said
measures the administration authority shall notify the
body of the other member state in charge of
implementation of that agreement and the regional
fishery advisory body by sending a draft of those
measures, together with a memorandum which includes a
rationale on the measures.
9. Protected fishing areas
Article 13
For the purpose of protecting fish and other
marine organisms, the Ministry shall designate protected
fishing areas.
The protected fishing areas, in terms of
this Law, shall be parts of fishing sea that are
favourable for natural reproduction of fish and feeding
of juveniles and other marine organisms as well.
Boundaries and marking of protected fishing areas
referred to in paragraph 2 of this Article, as well as
measures of protection and development shall be set by
the Ministry, based on the opinion obtained from the
Institute.
Where it is established, in the process of
designation of protected fishing areas in the fishing
sea, that the respective area may affect fishing
activities of another country or member countries of a
ratified international agreement, the protected fishing
area may be designated after obtaining approval from a
administration authority responsible for implementation
of that agreement of that another country or countries
taking part in regional fisheries advisory body, in
accordance with the procedure set out by the ratified
international agreement in question.
Article 14
In protected fishing areas, it is prohibited
to:
-
engage in fishing or attempt to fish;
-
take or destroy fauna or flora;
-
place or exploit sand or gravel, leave or dispose of
waste or any other polluting material, or disturb,
change or destroy the environment in any way;
-
build or place structures on the ground or across
water;
-
engage in other activities which may have an adverse
effect on the ecosystem of the protected fishing area.
Notwithstanding the paragraph 1 of this Article, fishing
at a specific period of time and with specific fishing
tools may be done based on the permit issued by the
administration authority:
-
for the purpose of reproduction, cultivation and
restocking of new fishing areas;
-
due to migration of larger quantities of certain
species of fish and other marine organisms.
The prohibited activities referred to in paragraph 1 of
this Article may be performed based on the permit of the
administration authority where such activities are
needed for protected fishing areas management.
The time,
fishing gear and specific technical rules for fishing in
protected fishing areas shall be laid down by the
Ministry.
10. Protected species of fish and other marine organisms
Article 15
The species of marine fish and other marine
organisms, including anadromous and catadromous species,
shall be declared to be protected species by the
Government, at the proposal of the Ministry, based on
the approval previously obtained from the Ministry in
charge of environmental protection.
The list of
protected species of fish and other marine organisms
shall be published in the “Official Gazette of
Montenegro”.
It shall be prohibited to catch, take, receive, buy,
sell, store, transport and retain on board of a fishing
vessel any of the protected species of fish and other
marine organisms.
11. Protection of juveniles and other
marine organisms and minimum size limits
Article 16
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.
Notwithstanding paragraph 1 of this Article,
the administration authority may, at proposal of the
Institute, and for the purpose of cultivation,
restocking and research activities, permit the catch of
juveniles, reproductively immature species of fish and
other marine organisms in specific localities, at a
specific period of time and using the specific fishing
tools.
It shall be prohibited to catch, take, receive,
buy, sell, store., transport or retain on board fish or
other marine organisms smaller than the minimum size
set.
12. Prohibition of fishing and areas where fishing is
prohibited
Article 17
For the purpose of protecting fish
and other marine organisms, or parts of fishing sea
which are favourable for natural reproduction of fish
and feeding of juveniles and other marine organisms or
vulnerable areas, the Ministry may prohibit fishing for
a certain period of time.
The regulation referred to in
paragraph 1 of this Article includes:
-
species or classes of fish and other marine organisms
fishing of which is prohibited;
-
geographic coordinates of the area where fishing is
prohibited;
-
starting time and the duration of fishing prohibition;
-
measures for protecting and development of fishery,
based on opinion of the Institute.
It shall be prohibited to trade in fish and other marine
organisms during the prohibition of fishing and from the
prohibited areas. Notwithstanding paragraph 1 of this
Article, the administration authority may, on the
proposal of the Institute, permit the catch of:
-
juveniles,
-
reproductively immature species of fish and other
marine animals in specific localities,
-
at specific times and with use of specific fishing
gear for the purpose of cultivation, restocking and
research activities.
Article 18
For the purpose of protection from
overfishing of all age classes of fish and other marine
organisms, the Ministry may:
-
declare closed season for specific species of fish
and other marine organisms, or prohibit the use of
specific fishing tools for commercial and
sport-recreational fishing;
-
define the main design and technical features, method
of use, the time and purpose of specific types of tools
and gear for commercial and sport-recreational fishing;
-
specify the size of fish and other marine organisms
below which they must not be caught and traded in.
Article 19
Fishing shall be prohibited in the area of
ports, their entrance and access way and anchorage.
Notwithstanding the paragraph 1 of this Article, fishing
in the area of port, entrance and access ways and
anchorages is permitted only where the port user, with
approval from the Port Master's Office and approval from
the Institute, permits fishing in these areas.
Fishing
is permitted in the areas of channels and internal
marine routes if it does not hinder the navigation of
other ships and vessels.
Fishing is prohibited in areas
of managed and marked bathing areas in the period May 1
– October 1, from sunrise to sunset.
Article 20
For the
purpose of rational use and the protection of
economically significant species of fish and other
marine organisms, based on the opinion previously
obtained from the Institute, the Ministry shall lay
down:
-
the number and size of vessels, horsepower of engines
of vessels, type and quantity of fishing tools and gear
for which fishing is permitted in specific fishing areas;
-
restriction, or prohibition, as appropriate, of
fishing in a specific fishing area;
-
the permitted catch or collecting per one licence;
-
the number of permits for specific fishing types.
The permit for use of a location for delivering training
to divers and sport-recreational activities on the sea
shall be issued by the administration authority.
Article
21
It shall be prohibited to catch fish and other marine
organisms with explosive, chemical substances or other
means that kill, stun or poison them, as well as to
collect and trade in fish and other marine organisms
caught in such a way.
It shall be prohibited to keep on
board and on shore the explosives or chemical substances
that may be used to kill, poison or stun fish and other
marine organisms.
Article 22
In carrying out commercial
or sport-recreational fishing, it shall be prohibited to
use divers' apparatus with underwater gun, as well as
keeping these means on board of fishing vessels or carry
them by the shore or keeping them on the shore.
Divers' equipment referred to in paragraph 1 of this Article
means all types of divers' apparatuses or similar
devices that enable the diver to breathe under the
water.
Article 23
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. Means collected on the basis of compensation
referred to in paragraph 2 of this Article are revenues
of the budget of Montenegro.
Article 24
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.
Notwithstanding the paragraph 1 of this Article,
institutions engaged in scientific and research
activities in the field of marine fishery may be allowed
to fish with means referred to in the paragraph 1 of
this Article, provided that such fishing is necessary
for implementation of the research programmes approved.
The research programmes referred to in paragraph 2 of
this Article shall be approved by the Ministry.
The permit referred to in paragraph 2 of this Article shall
be issued by the administration authority.
Article 25
For the purpose of protecting general marine
biodiversity in shallower zones of the littoral it shall
be prohibited to fish with bottom trawls and floating
trawls at the distance of three nautical miles that
follows the configuration of the shore, or at the depth
of 50 metres in case the isobath of 50 metres where that
depth is reached at a distance shorter than three
nautical miles.
Notwithstanding paragraph 1 of this
Article, a fishing vessel with a net overboard can
approach the shore to the depth lesser that the one
prescribed in case it is damaged and if it had
previously notified the nearest Port Master's Office.
Article 26
In order to protect rocky shores as a special
habitat in the fishery sea, catching, marketing or
exporting of date-shell (Litophaga litophaga) on the
whole territory of Montenegro shall be prohibited.
12. Fishermen’s post
Article 27
The Fishermen's post in the
Bay of Boka Kotorska is an area in the sea where the net
is towed and a part of the shore up to 150 m in length,
with gravel and sandy bottom, which is not fenced and
which does not have a dock or a pier, or where a net
with the catch can be towed onto the shore.
The fishermen's post is used exclusively at nights and early
in the morning.
The fishermen's posts may be freely used
as bathing places during days.
The fishermen's post must
be visibly marked with a board with the name, number,
length of the shore it comprises and instructions for
its maintenance.
The method of use, maintenance, protection, marking and
the length of the shore, name and the location of the
fishermen's post shall be laid down by the Ministry.
14. Fish aggregating devices
Article 28
Placing a fish
aggregating device in a certain location in the fishing
sea shall be done based on the approval issued by the
administration authority based on an application.
Technical characteristics of the fish aggregating
devices shall be laid down by the Ministry.
The terms
for fishing in the area of one nautical mile diameter
from the place where the devices or several devices are
installed shall be laid down by the Ministry.
Approval
for fishing in the area referred to in paragraph 3 of
this Article, based on the application, shall be issued
by the administration authority.
Holders of the permit
for fishing in the area referred to in paragraph 3 of
this Article shall take all the measures of protection
and management set, unless special measures are
prescribed which shall not be applicable to fish caught
in that area.
It shall be prohibited to remove and move
fish aggregating devices from the approved place.
The person removing or moving the devices referred to in
paragraph 6 of this Article shall be responsible for the
resulting damage.
Regulating of fishing in the area
referred to in paragraph 3 of this Article, marking and
identification of the area and site for placing fish
aggregating devices, following the proposal of the
Institute, shall be laid down by the Ministry.
III. FISHERIES POLICY MEASURES
Article 29
The fisheries
policy measures shall be set for the purpose of
accomplishing the objectives referred to in the Article
5 of this Law.
The fisheries policy measures include the
following measures:
-
for development of the fishing fleet;
-
for development of aquaculture, processing, marketing
of fish and fish products and aquaculture products;
-
for collective actions;
-
for the sustainable development of fishing areas;
-
for technical support.
1. Development of fishing fleet
Article 30
The measures for development of the fishing
fleet relate to:
- supply or building fishing vessels;
- modernization of existing fishing vessels;
- improving of management and control of coastal fishing.
2. Measures for development of aquaculture, processing,
marketing of fish and fish products and aquaculture
products
Article 31
The measures for development of
aquaculture, processing, marketing of fish and fish
products and aquaculture products relate to:
- improving fish production;
- improving shellfish production;
- promoting aquaculture for environmental protection
purposes;
- improving processing, marketing of fish and fish
products and aquaculture products.
3. Collective actions
Article 32
The measures of
collective actions relate to:
- sustainable management and conservation of fish stocks;
- promoting partnerships between science and fishery
sector operators;
- providing support to producers' organizations,
cooperatives and associations in fishery;
- improving conditions for landing, reloading, storing
and processing of fish and other marine organisms, and
improving conditions for harbouring, maintenance and
supply of fishing vessels in ports (fuel, ice, water,
etc.);
- promoting and development of new markets for fish and
fish products and aquaculture products.
4. Sustainable development of fishing areas
Article 33
The measures for sustainable development of fishing
areas relate to:
- providing support to sustaining the economical and
social prosperity of fishing areas and added value of
fish and other marine organisms and aquaculture;
- providing support to job creation by expanding
commercial activities in a fishing area;
- providing support to development of the environment in
a fishing area.
5. Technical support
Article 34
The measures of
technical support to support to activities for
implementation of the fisheries policy.
Article 35
The terms, methods and timetable for
implementation of the fisheries policy measures set by
the Strategy and the National Programme, shall be laid
down in more detail by the beginning of the fiscal year
by a regulation of the Government (hereinafter referred
to as: agriculture budget), in accordance with the Law.
6. Report on implementation of the National Programme
and agriculture budget
Article 36
Annual report on the
disbursement of agricultural is developed by the
Ministry and submitted to the Government for adoption
not later than 31 March of the current year for the
previous year. The report referred to in paragraph 1 of
this Article shall also contain the assessment of
effects of the fisheries policy for the year it refers
to.
IV COMPETENCIES
1. Administration authority
Article 37
The administrative and the related professional
activities in marine fishery shall be implemented by the
administration authority in accordance with the Law.
Article 38
For the purpose of accomplishing the
objectives referred to in Article 5 of this Law, the
Institute shall perform the following tasks:
-
research and assessment of fish stocks;
-
monitoring the condition and assessment for the
purpose of sustainable exploitation of fish and other
marine organisms;
-
monitoring the population dynamics of fish;
-
preparing of professional bases for the Strategy,
Management Plan and mariculture development;
-
monitoring of the water quality and biomonitoring;
-
setting of technical and technological terms for
fishing;
-
providing expert assistance in implementation of
activities related to fisheries and mariculture and
reporting on activities implemented, at the request of
the administration authority.
2. Financing
Article 39
The funds from the budget of
Montenegro are provided for development of the following:
-
the Strategy;
-
the Management Plan;
-
the Programme for monitoring the quality of seawater
and parts of the sea used for fishing and aquaculture;
-
the National programme, as well as for monitoring,
control and supervision of fishing vessels, financing or
co-financing of the measures of Fishery Policy and
measures related to common market organization for fish
and fish products and producers organization.
V MARINE FISHING
Article 40
Marine fishing (hereinafter:
the fishing) means catching and collecting fish and
other marine organisms.
The fishing can be commercial, sport-recreational and
for scientific-research purposes.
Article 41
Companies,
entrepreneurs and other legal and natural persons
engaged in fishing shall adhere to fishing rules and
must not impede each other.
The terms, restrictions and
sequence in fishing in certain fishing areas are laid
down by the Ministry.
Article 42
Permits for fishing in parts of the fishing
sea, which are designated as areas of defence, may be
issued based on the approval obtained from the Ministry
of Defence.
Fishing in territorial water within
boundaries of the Republic of Montenegro is not
permitted to fishing vessels sailing under the flag of a
foreign country.
Article 43
In marked sites in the
fishing sea where telephone, telegraph or electric power
cords, pipes or other devices, as well as archeological
sites and items are situated, fishing with fishing
instruments or tools that could damage them is
prohibited.
A. COMMERCIAL FISHING
Article 44
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.
Commercial fishing may be done under the terms and with fishing
tools and gear in accordance with the Law.
A fee shall
be paid for carrying out commercial fishing.
The fee
referred to in paragraph 3 of this Article shall be the
revenue of the budget of Montenegro.
Article 45
Companies and entrepreneurs may engage in commercial
fishing provided that they are registered with the
Central Register of the Commercial Court (hereinafter
referred to as: the CRCC), registered with the Register
of Professional Fishermen (hereinafter: the Register of
Fishermen) and are holders of a permit for commercial
fishing, issued by the administration authority.
Notwithstanding the paragraph 1 of this Article, certain
employed and retired persons may engage in small-scale
commercial fishing.
The terms, fishing tools and gear,
the fishing period and the method for issuing permits
for the fishing referred to in paragraph 2 of this
Article shall be laid down by the Ministry.
Article 46
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.
Significance of the
commercial fishing is defined according to the species
and commercial value of the fish and other marine
organisms.
Article 47
The amount of fee paid for
carrying out commercial fishing is set based on the
fishing capacity and significance of commercial fishing.
Individual fees, based on the criteria referred to in
paragraph 1 of this Article, shall be set by the
Government.
Article 48
Based on the criteria referred to
in Article 46 of this Law, the commercial fishing is
classified into the large-scale and the small-scale
commercial fishing.
1. Large-scale commercial fishing
Article 49
Large-scale commercial fishing is the fishing
carried out by using fishing vessel shorter than 12 and
longer than 12 m over all, with the following fishing
tools and gear:
-
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, also the nets for catching shellfish
and other marine organisms.
Purpose, technical characteristics and the quantity of
fishing tools and gear that is allowed for use in
large-scale commercial fishing shall be laid down by the
Ministry.
2. Small-scale commercial fishing
Article 50
Small-scale commercial fishing is the fishing carried
out by fishing vessels shorter than 12 m overall, with
the following fishing tools and equipment:
-
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.
Purpose, type, technical characteristics and the
quantity of fishing tools and gear that is allowed for
use in small-scale commercial fishing is laid down by
the Ministry.
Article 51
Companies and entrepreneurs may
engage in commercial fishing in fishing areas with the
fishing vessels, tools and gear indicated in the permit
for commercial fishing.
The permit for commercial
fishing shall always be kept on board of the fishing
vessel.
3. Register of Fishermen
Article 52
The Register
of Fishermen referred to in Article 45 paragraph 1 of
this Law shall be established and kept by the
administration authority.
Registration in the Register
of Fishermen is done based on applications. The
following evidence shall be submitted together with the
application referred to in paragraph 2 of this Article:
-
that applicant is the owner or user of the fishing
vessel based on the agreement of lease for the period
for which a permit for commercial fishing is requested;
-
that the title of a captain of the ship has been
acquired in accordance with the internationally
recognized standards, and that of a sailor-engineer in
accordance with the Law;
-
evidence on persons employed at the fishing vessel;
-
that it is registered for commercial fishing.
The compliance with the requirements set in paragraph 3
of this Article shall be laid down by the decision of
the administration authority.
The appeal sent to the
decision referred to in paragraph 4 of this Article and
other individual legal documents adopted by the
administration authority in accordance with this Law,
shall be decided upon by the Ministry.
The form, content
and method of keeping the Register of Fishermen referred
to in paragraph 1 of this Article shall be laid down by
the Ministry.
4. Permit for commercial fishing
Article
53
The permit for commercial fishing shall be issued by
the administration authority based on a public
advertisement published in at least one printed media
distributed throughout Montenegro. The request for
issuing the permit shall contain:
-
the name and location of the company, or the name and
surname of entrepreneur, as appropriate and the type of
commercial fishing for which the permit is requested;
-
the name and registration number of the fishing
vessel or a group of fishing vessel if the nature of
commercial fishing requires the use of more than one
vessel;
-
the type, technical characteristics and the number of
fishing tools and gear for carrying out the commercial
fishing requested;
The application shall be followed by the evidence that:
-
it is registered in the Register of Fishermen;
-
approval from the Institute for technical and
technological characteristics of fishing tools and gear
stated in the application for commercial fishing;
-
certificate from the register of boats, a copy of the
registration list for the fishing boat or a certificate
of the status of entry in the register of fishing boats,
that is, the permit for sailing for the fishing boat
which is registered for commercial fishing;
The compliance with the requirements set in paragraphs 2
and 3 of this Article shall be laid down by the decision
of the administration authority.
5. The content of the
permit for commercial fishing
Article 54
The permit for
commercial fishing is issued separately for each fishing
vessel and shall contain:
-
the name of the company, or the name and surname of
entrepreneur, as appropriate, issued with the permit for
carrying out commercial fishing;
-
the name, i.e. the registration mark of the vessel or
a number of vessels if the type of the commercial
fishing requires using more than one fishing vessel;
-
fishing area where commercial fishing is permitted;
-
the purpose, type, technical characteristics and the
number of fishing tools and gear that is used for
commercial fishing;
-
identification data for the fishing vessel and the
power of the engine;
-
amount of fee to be paid.
The permit referred to in paragraph 1 of this Article
may also contain:
-
a period of closed season for commercial fishing;
-
the type and the quantity of fish that may be caught;
-
fishing methods;
-
terms of landing and loading and the place of the
first landing.
Article 55
In case of a change of the company, the owner
or the lessee of the vessel shall be issued a new permit
for commercial fishing in accordance with the terms set.
The permit referred to in Article 53, paragraph 1 of
this Law may be issued to a holder of the permit after
the fee for commercial fishing is paid.
The amount of
the fee referred to in paragraph 2 of this Article shall
be set by the Government, following the proposal of the
Ministry.
The permit referred to in paragraph 2 of this
Article shall be issued for the period of 5 years. When
issuing permits referred to in paragraph 4 of this
Article, the priority shall be given, under equal
conditions, to existing holders of such permits.
The form of the permit and the method for paying the fee
referred to in paragraph 2 of this Article shall be set
by the Ministry.
6. Cancellation, modification and
transfer of commercial fishing permit
Article 56
The permit for commercial fishing shall be cancelled in case
of:
-
the death of the natural person;
-
the cease of the company;
-
the cease of engaging in commercial fishing;
-
the cease of requirements for registration with the
Register of Fishermen in accordance with this Law;
-
the commercial fishing does not commence within the
period set by the permit;
-
the terms of the permit are not fulfilled or
weaknesses are not removed within the period set;
-
the expiry of the validity or the change of the
certificate of a ship, or a sailing permit of a boat;
-
the removal of the fishing vessel from the register
of ships, or the register of boats, 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;
-
the failure to keep daily records of fishing
activities into the logbook of the catch;
-
the failure to submit a declaration on the landing
of the total catch to the administration authority, or a
fishery inspector within 48 hours;
-
at the request of the permit holder;
-
the failure to engage in commercial fishing in
accordance with the Law.
The permit may be modified:
-
at the proposal of the Institute, for the purpose of
protecting a marine resource,
-
in emergency cases, in accordance with the management
plan.
The permit for commercial fishing may be transferred
from the permit holder to another permit holder in case
of loss, sale or giving away the fishing vessel, tools
and gear which are listed in the permit for commercial
fishing.
More detailed requirements for transferring the
permit referred to in paragraph 3 of this Article shall
be laid down by the Ministry.
The cancellation,
modification and transfer of the permit in accordance
with paragraphs 1, 2 and 3 of this Article shall be done
by the decision of the administration authority.
7. Registration of fishing vessels
Article 57
Based on
the permit for commercial fishing, the administration
authority shall register fishing vessels with the
Register of Fishing Vessels (hereinafter: the Register).
The Register of Vessels shall be kept by the
administration authority.
The fishing vessel registered in the Register of Vessels
shall bear an identification mark.
The content and the
method of keeping the Register of Vessels and the
identification mark referred to in paragraph 2 of this
Article shall be laid down by the Ministry.
8. Marking of fishing gear
Article 58
The holders of permits for commercial fishing shall be
prohibited to use beam trawl, set net of any type,
long-line and floating net in the fishing sea beyond 12
nautical miles of the territorial sea for marking and
other gear, unless marked in prescribed places.
The gear and the method of marking of the gear referred
to in paragraph 1 of this Article shall be laid down by
the Ministry.
B. SPORT – RECREATIONAL FISHING
Article 59
Sport-recreational fishing may be practiced by natural
persons holding a permit for sport-recreational fishing.
The form of the permit for sport-recreational fishing
shall be distributed by the administration authority to
the Sport Fishing Association for the fishing sea of
Montenegro (hereinafter: the Association).
The permit
for sport-recreational fishing shall be issued by
sport-recreational clubs that are members of the
Association.
In municipalities where there are no
sport-fishing clubs that are members of the Association,
the permit shall be issued by the administration
authority responsible for sport and recreation.
The Association shall submit to the administration authority
a report on the number of permits issued at the end of
the six-month period during the validity of the permit.
The permit for sport-recreational fishing may be used
only by the person whose name the permit is issued on.
The holder of sport-recreational fishing permit shall
keep the permit at his/her side when performing
sport-recreational fishing activities.
The form and the method of distribution of the forms for
permits for sport-recreational fishing shall be laid
down by the Ministry.
Article 60
The permit for
sport-recreational fishing may be permanent and
temporary.
The permanent permit for sport-recreational
fishing shall be issued for the current calendar year,
and the temporary permit shall be issued for the period
not exceeding 30 days.
The temporary permit for
sport-recreational fishing may be issued to a person who
is not a citizen of Montenegro.
Article 61
A fee is paid
for sport-recreational fishing.
The amount of the fee
referred to in paragraph 1 of this Article, depending on
the validity period of the permit, shall be set by the
Ministry.
Eighty per cent of the funds generated from
fees referred to in paragraph 1 of this Article shall be
the income of the sport-recreational club, or the
administration authority that issued the permit, as
appropriate, and 20% shall be the income of the
Association.
The sport-recreational club referred to in
paragraph 3 and the administration authority referred to
in paragraph 4 of Article 59 of this Law shall organize
guard service in the appropriate area of the fishing sea
where sport-recreational fishing takes place.
Article 62
Sport-recreational fishing may be carried out with use
of permitted fishing tools and gear.
The quantity of
fish that the holder of the permit for
sport-recreational fishing may catch during one day
shall be set by the Ministry.
A holder of the permit for
sport-recreational fishing must not trade in the fish
caught.
Article 63
Sport-recreational fishing must not
hinder commercial fishing.
Keeping fishing gear and
tools on board without the permit for sport-recreational
fishing is prohibited.
It is prohibited to carry
underwater gun by the coast and on board without the
permit for fishing with underwater gun.
Sport-recreational fishing with underwater gun between
sunset and sunrise is prohibited.
Sport-recreational
fishing with underwater guns is prohibited for persons
under the age of 16.
Article 64
Membership cards of
sport fishing and diving clubs do not have the power of
permits for sport-recreational fishing.
Article 65
Approval for organization of national and international
competitions in sport fishing is issued by the Ministry.
The quantity of fish caught in national competitions in
sport fishing is not limited.
Article 66
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.
VI MARICULTURE
1. Mariculture Development Plan
Article
67
The Government adopts the Mariculture Development
Plan, at the proposal of the Ministry, based on the
analysis of sustainable development of mariculture
taking into account notably the biological, typographic,
hydro-morphological and physical-chemical
characteristics of zones for mariculture set by the
Spatial Plan for special purpose areas for marine
resources.
Article 68
The administration authority, at the proposal
of the Institute, defines locations for mariculture
activities (hereinafter referred to as: farm) based on
the species of fish and other marine organisms farmed,
the designed economic profitability, farming technology,
etc.
Marking of farm boundaries is done by the holder of
the mariculture permit, using marks in accordance with
the sailing safety regulations.
The Ministry lays down
the terms, method and restriction of fishing and other
activities in:
-
mariculture zones;
-
waters flowing into mariculture zones;
-
on the land or in waters bordering the mariculture
zones.
The Ministry may propose cancellation or changes to the
boundaries of mariculture zones to the administration
authority in charge of spatial planning and management.
2. Mariculture activity
Article 69
Companies and
entrepreneurs may engage in mariculture and processing
of mariculture products provided that:
-
they are registered for mariculture activities with
the CRCC;
-
they obtained the approval on the Project for
technical and technological requirements of mariculture,
together with the study on economic viability of the
investment, and
-
they hold a mariculture permit.
The administration authority shall keep the register of
farms and the register of processors of fish and other
marine organisms.
The form, the content and the method
for keeping the registers referred to in paragraph 2 of
this Article shall be defined by the Ministry.
3. Permits for mariculture
Article 70
The permit for
mariculture shall be issued based on the application for
each farm separately.
The following shall be submitted
with the application:
-
the administration authority's approval of the
project for technical and technological requirements of
mariculture and the study on economic viability of the
investment, which includes in particular the following:
species of fish and other marine organisms farmed,
description of farming technology, annual production
volume in tons, equipment to be installed at the site,
potential impact of the farming proposed on the
environment and measures of protection for restraining
or elimination of environmental and disease risks;
-
copy of the certificate from the CRCC;
-
sketch of the location with the total farm area;
-
water management approval;
-
veterinary-sanitary approval;
-
environmental impact assessment for farming fish and
other marine organisms in accordance with the Law.
The administration authority may request from the
applicant to provide additional clarifications in
writing regarding the issues of relevance for the
implementation of the project of technical and
technological requirements of mariculture with the study
on economic viability of the investment. The compliance
with the requirements referred to in Article 69
paragraph 1 and Article 70 paragraph 2 of this Law shall
be established and the permit issued by the
administration authority.
Article 71
The administration
authority issues the mariculture permit for the purpose
of scientific- research work.
4. Content of a mariculture permit
Article 72
The permit
shall contain:
-
the name and head office address for a company or the
name and address of an entrepreneur issued with the
permit;
-
the name of the site with spatial coordinates and the
farm area;
-
the date of the commencement of mariculture
activities from the day of the permit issuance;
-
species and quantity of fish or other marine
organisms farmed at the approved farm and the permit
validity period;
-
amount of the fee.
The permit referred to paragraph 1 of this Article shall
at all times be kept at the registered farm.
The permit
referred to in paragraph 1 of this Article may be issued
after payment of the fee for mariculture.
The amount of
the fee referred to in paragraph 3 of this Article shall
be set by the Government at proposal of the Ministry.
The funds collected from fees referred to in the
paragraph 4 of this Article shall be the income of the
budget of Montenegro.
The permit referred to in
paragraph 1 of this Article shall be registered in the
Register of Permits kept by the administration
authority.
The form of the permit, the method for paying
the fee, and the form, content and the method of keeping
the Register of Permits shall be defined by the
Ministry.
Article 73
A mariculture permit holder may
farm only the species and the quantity of fish or other
marine organisms written in the permit.
The permit
referred to in paragraph 1 of this Article may be issued
for maximum five years, with possibility of extension,
depending on the results achieved in the farming
planned.
5. Principles of good manufacturing practice in
mariculture
Article 74
Mariculture activities shall be executed in line with
the principles of good manufacturing practice in the
field of mariculture. The principles of good
manufacturing practices referred to in paragraph 1 of
this Article shall be set by the Ministry.
Adherence to the principles referred to in paragraph 2
of this Article shall be taken into account when issuing
and cancelling mariculture permits, in accordance with
this Law.
6. Changes in structure, gear and maintenance
methods
Article 75
A holder of a mariculture permit
cannot change terms related to the structure, gear and
the maintenance of the farm without prior consent of the
administration authority.
The administration authority
may, without a request from the permit holder, change or
amend the terms referred to in paragraph 1 of this
Article if it establishes that it is in the interest of
good manufacturing practice in mariculture or
environmental protection.
7. Permit extension
Article 76
Permit extension shall be
done by the administration authority based on the
request of the permit holder. The request referred to in
paragraph 1 of this Article shall be submitted no less
than three months prior to the expiration of the permit
validity period.
The administration authority may refuse
the request for the permit extension if:
-
the permit holder fails to meet the criteria based on
which the permit was issued or failed to remove the
shortcomings within the period set;
-
the permit holder breaches, or engages in mariculture
contrary to, the provisions of this Law;
-
the permit extension would not be in accordance with
the Mariculture Development Plan;
-
the permit extension is not in the interest of
environmental protection and conservation in Montenegro
or another state in accordance with the ratified
international agreement,
-
the permit holder has ceased with mariculture
activities.
Where the administration body fails to decide on the
request for permit extension within the period of time
set by paragraph 2 of this Article, the permit shall be
considered to be extended under terms it was originally
issued with the validity period of one year from the
date of the permit validity period expiration.
8. Transferability of mariculture permits
Article 77
A mariculture permit is not transferable from the holder
to any other company or entrepreneur without approval
from the administration authority.
A company or an
entrepreneur that intends to acquire a mariculture
permit by permit transfer shall submit a written
application to the administration authority.
The application shall contain the name of the company, or
entrepreneur, and a certified consent of the permit
holder for its transfer.
The administration authority
may request from the applicant to provide other data and
information which it considers necessary for deciding on
the application.
The rights and responsibilities of the
permit holder shall be assumed by the new permit holder
based on the transferred permit.
The administration
authority shall issue a permit for the new permit holder
in accordance with the Article 70 of this Law.
The transferred permit shall expire on the same day as
the original permit.
9. Cancellation and changes to a mariculture permit
Article 78
The administration authority may cancel a
mariculture permit of a permit holder if:
-
the holder ceased with mariculture activities;
-
the holder has not commenced mariculture activities
within the period set by the permit;
-
the holder has failed to comply with the terms from
the permit or has failed to remove the weaknesses within
the period set;
-
it is in the interest of environmental protection and
conservation;
-
it has failed to report the presence of any disease
or harmful organism or failed to take all the prescribed
measures to prevent the spreading of the disease or of
the harmful organism within or outside the farm,
including destruction of fish and other marine organisms
or fishery products, as well as product disinfection in
accordance with the Article 84 paragraphs 1 and 3 of
this Law;
-
it has failed to engage in mariculture in accordance
with this Law.
The administration authority may, at the proposal of the
Institute, alter the terms from the mariculture permit
as a result of specific environmental conditions or in
case of outbreak of a disease caused by the use of the
equipment or implementation of control procedure
specified in the permit.
Where a mariculture permit is
altered, it shall be prohibited to remove or dispose of
fish or other marine organisms from the farm.
When a
mariculture permit is altered, it shall be prohibited to
continue with the mariculture operations on a farm for
which the licence was altered unless the equipment used
and principles of good manufacturing practice in
mariculture are applied as specified in the permit.
Article 79
Where a mariculture permit is not extended in
accordance with the Article 76 of this Law, or where a
mariculture permit is cancelled in accordance with the
Article 78 paragraph 1 of this Law, the holder of the
last valid mariculture permit shall remove from the farm
all mariculture gear and shall restore the site into its
original state.
10. Ownership of mariculture products
Article 80
Fish and other marine organisms specified in a
mariculture permit, within the farm boundaries, shall be
the ownership of the permit holder.
Fish and other
marine organisms referred to in paragraph 1 of this
Article that leave the farm shall be the property of the
permit holder for that farm while within the range of
100 metres from the farm.
11. Introduction and transfer of fish and other marine
orgnisms
Article 81
It shall be prohibited to introduce into the
fishing sea of Montenegro, without an approval from the
administration authority, allochtonous species of fish
and other marine organisms or genetically modified fish
and other marine organisms, as well as their transfer
from one farm into another, or from one place in
Montenegro to another.
The approval referred to in paragraph 1 of this Article
shall be issued by the administration authority with
prior approval on the environmental impact assessment
from the public administration authority in charge of
the environmental protection.
12. Handling and marketing
of mariculture products
Article 82
The permit holder or another person may not, for the
marketing purposes, remove, transport, present or offer
for sale or sell fish and other marine organisms from
the farm or fish products contrary to this Law.
13. Preventive disease control in mariculture
Article 83
For the purpose of ensuring preventive disease control
in mariculture:
-
the facilities for purification, distribution and
similar business facilities located within the molluscs
farming zone shall have a permit for construction, or
operations, as appropriate, in accordance with the Law;
-
the facilities for processing fish and other marine
organisms shall have a permit for construction, or
operations, as appropriate, in accordance with the Law;
-
the mariculture permit holder shall have evidence of
implementing the prescribed good manufacturing practice
principles in mariculture. The terms for marketing molluscs shall be set by the
Ministry.
14. Disease prevention and notification
Article 84
A permit holder or another person engaged at the farm
shall immediately notify the administration authority or
a fisheries inspector of the presence of any disease or
a harmful organism on the farm. Where it is established
that the presence of a disease or harmful organisms on
the farm poses the risk for aquatic organisms or the
environment, the administration authority shall:
-
order the isolation, quarantine or treatment of fish
and other marine organisms infected or considered to be
infected with a disease or harmful organism;
-
destroy or restrict the movement of fish and other
marine organisms infected or considered to be infected
with a disease or harmful organism;
-
place into the quarantine the farm where presence of
a disease or a harmful organism is reasonably suspected
by the administration authority.
The measures referred to in paragraph 2 of this Article
shall be implemented by the permit holder or a person
engaged on the farm for the purpose of preventing the
spreading of a disease or a harmful organism within or
beyond the farm, including the destruction of fish and
other marine organisms or fish products, as well as farm
disinfection.
15. Fish farm escape notification
Article 85
A permit holder shall:
-
ensure the containment of fish within the farm,
-
prevent the escape of fish from the farm.
In case of a fish escape, the permit holder shall:
-
immediately notify the administration authority or
fisheries inspector,
-
take measures to recover the fish escaped.
Where fish escape has been caused by negligence of the
permit holder, he/she shall be compensate any
environmental damage caused by the fish escape.
16. Measures in mariculture
Article 86
The administration
authority may order the permit holder or another person
carrying out the work and other activities posing actual
or potential risk to the environment or the health of
fish and other marine organisms within or beyond the
farm to take measures in order to:
-
prevent, control and reduce parasites;
-
control fish disease;
-
contain fish;
-
prevent fish escape,
-
recover escaped fish;
-
prohibit harmful discharges into the fishing sea or
mariculture zone;
-
prohibit any construction or other activity that
causes or may cause damage to the fishing sea or a
mariculture zone.
For the purpose of accomplishing the objectives referred
to in paragraph 1 of this Article, a measure of
suspension of works as well as other measures and
activities in accordance with the Law ma be ordered.
17. Record-keeping and reporting in mariculture
Article
87
Holders of a mariculture permit shall keep records
on:
-
movement of fish and other marine organisms and fish
products within and beyond the farm or molluscs farming
area;
-
mortality in every epidemiological unit of relevance
for the farming type;
-
results of health monitoring of species farmed at the
farm;
-
fish escape.
Registered processors of fish and other marine organisms
shall keep records on the quantity and species of fish
and other marine organisms taken from certain farms, on
the type and quantity of processed and delivered
products of fish and other marine organisms and on
buyers of those products.
The transporter of mariculture
products shall keep records on:
-
mortality in transport, by type of transport means
and by the mariculture product transported, as well as
by the farm and processing facilities;
-
change of water during transport, particularly on the
sources of new water and water discharge sites.
The records referred to in paragraphs 1 and 2 of this
Article shall be kept for 5 years.
The form, content and
the method of keeping records referred to in paragraphs
1 and 2 of this Article shall be set by the Ministry.
18. Water quality monitoring and biomonitoring in
fishing sea
Article 88
For the purpose of public health and mariculture
protection, the Ministry shall, at proposal of the
administration authority adopt Water Quality Monitoring
and Biomonitoring Programme for the fishing sea, which
shall ensure timely notification of mariculture permit
holders of the occurrence or upcoming occurrence of
pollution or a natural phenomenon that may have a
harmful or detrimental effect on the mariculture zone or
mariculture products.
Where a mariculture zone is affected by pollution or a
natural phenomenon, the administration authority shall
immediately order the analysis of the water from the
affected area and of the mariculture products farmed in
that zone in order to determine whether:
-
mariculture activities can continue;
-
mariculture products farmed therein are fit for human
consumption;
-
sale or placing on the market of the mariculture
products unfit for human consumption need to be
prohibited.
Where the results of the analysis referred to in
paragraph 2 of this Article show that the water quality
of the affected area is unsuitable for the continuation
of mariculture or the mariculture products farmed in
that zone are unfit for human consumption, the
administration authority shall order the closure of the
farm and prohibit the sale or placing on the market of
mariculture products from the farms located in the area
affected by the pollution or a natural phenomenon, and
inform the public through the media on the closure of
the farm and the prohibition of sale or placing on the
market of mariculture products from the farm situated in
the zone affected by the pollution or a natural
phenomenon.
Where the analysis shows that the water
quality of a mariculture zone affected by pollution or a
natural phenomenon is suitable for mariculture or that
mariculture products farmed in the farms from that zone
may be used for human consumption, the administration
authority shall suspend the prohibition under the
paragraph 3 of this Article and shall inform the public
through the media on the possibility of using these
zones again, as well as of the sale and placing on the
market of the mariculture products farmed in such zones.
A mariculture permit holder shall provide timely
notification to the administration authority or a
fishery inspector of the occurrence or a suspected
occurrence of pollution or a natural phenomenon referred
to in paragraph 1 of this Article.
The monitoring
referred to in paragraph 1 of this Article shall be
performed by an accredited laboratory of the Institute.
The procedure of timely notification on the phenomena
referred to in paragraph 1 of this Article for the
purpose of monitoring and the closing of mariculture
zones shall be set by the Ministry.
VII PRODUCERS
ORGANIZATION IN FISHERY
1. Organization purpose
Article 89
For the purpose of accomplishing the objectives of the
Fishery Policy referred to in Article 5 of this Law,
organizing the producers in the fisheries sector into
producers' organizations, co-operatives and other forms
of organizations and management of the common market
organization for fish and fish products and aquaculture
products is encouraged in order to:
- plan the harvesting and production and their adjusting
to demand in order to balance the quality and quantity
of supply with market demand in line with the catch plan
and the production plan;
- apply fishing methods ensuring sustainable fishing;
- define sale terms and methods (sale standards);
- provide consumers with information about products;
- market the products;
- reduce the costs of catch, production and
stabilization of producer's price;
- apply Good Manufacturing Practice
2. Producers Organizations in fishery
Article 90
The companies and entrepreneurs registered in the fishermen
register, the farm register and the register of
processors of fish and other marine organisms are
organized into producers' organizations in the fishery
sector, in accordance with the Law. The catch plan and
the production plan referred to in Article 89 of this
Law shall be approved by the Ministry.
The method for approving the catch plan and the
production plan, the terms and the method of sale
according to the quality, size or weight, packing and
marking of fish, fish products and aquaculture products,
providing consumers with information about products
(commercial and local
name of fish, fish products and aquaculture products,
the catching method, or farming method, as appropriate,
area where fish was caught) shall be set by the
Ministry. Article 91 The terms and criteria that
producers' organisations referred to in Article 90 of
this Law shall comply with in order to use the
incentives and other forms of support in organizing,
training for implementation of measures of the fishery
policy and prioritization of measures to be implemented
shall be laid down by the Agriculture Budget, in
accordance with the Law.
3. National Marine Fishery and Mariculture Council
Article 92
The National Marine Fishery and Mariculture Council
(hereinafter referred to as: the Council) shall be
established for the purpose of continuous monitoring of
the status and development of fishery and mariculture
and providing scientific and expert assistance in the
decision-making process and development of
fishery-related regulations, as well as other issues
related to the enforcement of this Law. The Council
shall have 10 members. The Council members shall be
appointed amongst science and experts workers in the
fields of biology, veterinary science, environmental
protection, and Council members by virtue of office
shall be:
-
director of the administration authority;
-
director of the Water Management Administration;
-
director of the Institute;
-
presidents of associations of professional fishermen
and mariculture operators;
-
directors of producers' organizations in fisheries
and mariculture.
The members of the Council shall be appointed for the
period of four years. The President is a member of the
Council with the voting right, elected by votes of the
Council members.
The director of the administration
authority shall act as the Council Secretary, without
the voting right.
The Council members appointed by the
Government of Montenegro at the proposal of the
Ministry. The method of work and organization of the
Council shall be defined by the Council's Rules of
Procedure.
The Council shall submit to the Government an
activity report at least once a year. The administration
authority shall take care of the administrative and
technical affairs for the Council.
The Council members are entitled to a fee for their
work, from the funds allocated in the budget of
Montenegro, for the Ministry.
3. Proclamation of development fishery area
Article 93
For the purpose of generating and use of the funds in
accordance with the national or international programmes
of support to the sectors of fisheries and mariculture,
the Ministry may proclaim a fishery area of Montenegro a
development fishery area, which covers a part of the
fishing sea, lake and shore with significant employment
level in fishery sector.
VIII FOREIGN FISHING VESSELS AND INTERNATIONAL RELATIONS
1. Implementation of international agreements
Article 94
For the purpose of implementation of ratified
international agreements in fisheries, the Ministry may
adopt measures for implementation of such agreements.
2. Foreign fishing vessels permits
Article 95
A foreign
fishing vessel may fish within the fishing sea of
Montenegro if it has a fishing permit issued by the
administration authority.
A foreign fishing vessel that
fishes in accordance with a ratified international
agreement may fish in the fishing sea of Montenegro
based on the permit issued in accordance with the
agreement providing that:
-
it carries at all times on board the fishing permit
issued by the administration authority in accordance
with the terms of that agreement;
-
the fishing vessel is marked in accordance with the
agreement;
-
where the agreement does not provide for the
obligation to mark the vessel, the vessel shall be
marked in accordance with this Law.
Where there is no ratified international agreement on
fishing referred to in paragraph 2 of this Article, a
foreign fishing vessel may engage in fishing in the
fishing sea of Montenegro only for scientific-research
purposes in accordance with the approved
scientific-research project of national interest, with
permission from the administration authority.
Where a
foreign fishing vessel is used contrary to the
provisions of this Article, the captain, owner or
charterer of that fishing vessel shall each be
accountable for the misdemeanour made.
Article 96
A foreign fishing vessel fishing in the fishing sea of
Montenegro based on the permit issued in accordance with
the Article 95 paragraphs 2 and 3 of this Law shall be
considered a foreign fishing vessel without a permit,
where it fails to display:
-
a recognizable national sign or flag;
-
a recognizable radio call-sign or registration
number;
-
the name of the registration port at its stem.
3. State port measures
Article 97
In addition to the
measures prescribed elsewhere in this Law in relation to
fishing with foreign fishing vessels, the administration
authority may, in accordance with international
conservation and management measures related to living
marine resources and marine environment:
-
inspect documents, fishing tools and gear and catch
on board of fishing vessels when such vessels are in a
port or in a coastal zone;
-
prohibit landings and transhipments where it has been
established that the fish and other marine organisms
were caught in a manner which undermines the efficiency
of measures referred to in paragraph 1 of this Article.
4. Measures of the state whose flag the ship is flying
Article 98
In addition to the measures prescribed elsewhere in this
Law in relation to fishing vessels registered in
Montenegro, the Ministry shall also prescribe the
measures necessary in order to ensure the monitoring of
the catch of fish and other marine organisms by such
fishing vessels in the waters of third countries and in
the open sea, and in order to ensure control of records
on landings and transhipment of the catch.
In order to implement the measures referred to in
paragraph 1 of this Article, the owner or the captain of
the fishing vessel shall:
-
keep on board of the fishing vessel a logbook in
which the captain shall record the quantity of fish and
other marine organisms caught;
-
submit a landing declaration to the competent
authorities of states where landing would take place, in
accordance with the agreement;
-
inform the administration authority or a fisheries
inspector on every landing of fish on a fishing vessel
of third countries and of landings carried out directly
in third countries.
The measures referred to in paragraph 1 of this Article
shall be implemented without prejudice to the measures
implemented under international fisheries agreements and
conventions.
IX MONITORING AND SURVEILLANCE
1. Monitoring of effects of implementation of the
Fisheries Development Strategy and other developmental
plans
Article 99
The administration authority shall:
-
collect the data necessary for monitoring the effects
of the Strategy on the fisheries development;
-
monitor the effects of fisheries management plans
adopted in accordance with this Law;
-
monitor the effects of the fisheries policy measures
in accordance with the national fisheries policy or
ratified international agreements;
-
to establish the expenditures incurred by
implementation of support measures for the fishery
sector;
-
presents the Ministry with reports on matters
referred to in paragraph 1 item 1) to 3) of this
Article.
The method of publishing, use or purchase of data, the
form, the content, and the period of time for delivery
of reports referred to in paragraph 1, items 1) and 5)
of this Article shall be set by the Ministry.
2.
Information ownership
Article 100
The ownership of
information requested to be reported or notified or that
have been presented to the administration authority in
some other manner, in accordance with this Law, shall be
the ownership of the administration authority regardless
whether the information has been published in accordance
with this Law.
The ownership of all information acquired
by satellite monitoring of fishing vessels, in
accordance with the Article 105 paragraph 1 of this Law,
shall be the ownership of the administration authority.
3. Duty of Confidentiality
Article 101
Determination of
data confidentiality, the access to confidential data,
the keeping, use, recording and protection of
confidential data in the field of marine fishery shall
be in accordance with the Law.
4. Record keeping and reporting of a permit holder
Article 102
Holders of a permit, issued in accordance with this Law
shall provide and keep documentation, records and
information and present them to the administration
authority or fishery inspector, as appropriate. The
documentation, in terms of this Law, shall be considered
to be:
-
the catch logbook;
-
the declaration of landing of catch;
-
the report on catch;
-
written records and information;
-
a map, an overview, a graph or a drawing;
-
a photograph;
-
a disk, a tape, a sound track or other means by which
sounds or other data (non-visual) are recorded so that
reproduction of sounds from them is possible (with or
without the aid of some other equipment);
-
a film (including microfilm), a negative, a tape, a
disk or other device in which one or more visual images
are recorded so as reproduction of images from them is
possible;
-
the data reproduced and communicated via a
satellite-based vessel-monitoring system. The entry of the data into the documentation and records
referred to in paragraph 2 of this Article shall be
accurate and must not contain inaccurate, wrong or
misleading data. The period of keeping, the form and the method of
presentation of the documentation, records and
information referred to in paragraph 2 of this Article
shall be laid down by the Ministry.
5. Recording and reporting on fishing activities and
catch landings
Article 103
A holder of a permit for commercial fishing with a
fishing vessel of an overall length equal to, or more
than, 10 metres shall:
-
keep on board of the fishing vessel the permit and
the fishing logbook;
-
enter daily records on the fishing activities into
fishing logbook;
-
report in accordance with the Article 104 of this
Law;
-
submit to the administration authority or a fishery
inspector, within a period of 48 hours, a landing
declaration for the total catch landed at the designated
landing port;
A holder of a permit for commercial fishing by fishing
vessels of an overall length equal to, or more than, 10
m shall report the total catch and landing of catch to
the administration authority or the fisheries inspector. The form and the content of the logbook of catch and
landing declaration referred to in paragraph 1 item 4),
the report on catch and the deadlines for submitting the
reports referred to in paragraph 2 of this Article shall
be set by the Ministry.
6. Electronic records and reporting
Article 104
The information on the data referred to in Article 102
paragraphs 1 and 2 of this Law may be kept
electronically and submitted to the administration
authority and other competent authorities, as well as by
radio signals or in some other prescribed manner. The
reporting method and the procedure, the devices for
transfer of information and the reporting time shall be
set by the Ministry.
7. Vessel monitoring systems
Article 105
The administration authority shall establish a satellite
fishing vessel monitoring system.
The type of the
system, the method of establishing and the class of
fishing vessels for which the system referred to in
paragraph 1 of this Article is established shall be laid
down by the Ministry. The administration authority shall
be responsible for management and operation of the
system referred to in paragraph 1 of this Article. A fishing vessel engaged in commercial fishing of an
overall length of more than 15 metres shall have
installed on board a functional automatic location
communicator system (ALC) which allows detection and
identification of the fishing vessel by the remote
monitoring system or the system referred to in paragraph
1 of this Article.
The holder of a permit for a foreign
fishing vessel issued in accordance with this Law or a
ratified international agreement shall install, maintain
and operate the functional automatic location
communicator system in accordance with the conditions
set for the automatic location communicator system
(ALC), continuously while in the fishing sea of
Montenegro.
Operational requirements for functioning of
the system and responsibilities for fishing vessels
which have installed ALC system, and the amount of the
fee for the inspection, technical control and the
publishing of information from such system, which have
not been declared confidential, shall be laid down by
the Ministry. It shall be prohibited to destroy, damage, render
inoperative or otherwise interfere with the operation of
the satellite monitoring device.
8. Designation of the
first landing site
Article 106
The first landing of fish and other marine organisms
shall be performed only in a port, harbour or another
place meeting the prescribed technical conditions for
inspection of fishing vessels (hereinafter referred as:
the fist landing site). The technical requirements and
the first landing site referred to in paragraph 1 of
this Article shall be laid down by the Ministry. The
landing of fish and other marine organisms at the first
landing site may be performed only by a holder of a
permit for large-scale commercial fishing issued in
accordance with this Law or a ratified international
agreement. The method and conditions for landing of fish by a
holder of the permit for small-scale commercial fishing
shall be laid down by the Ministry.
9. Designation of
the first sale place
Article 107
The first sale of the
fish and other marine organisms caught shall be
performed only in a place meeting the prescribed
technical conditions for sale, auction sale and
marketing of fish (hereinafter referred to as: the first
sale place). The technical requirements and the first sale place, and
the conditions and the method of sale in the first sale
place shall be laid down by the Ministry.
10. Registration of buyers and sellers of the first sale
fish and other marine organisms
Article 108
The trade in fish and other marine organisms at the
first sale place may be performed by companies and
entrepreneurs registered for wholesale in fish and other
marine organisms at the first sale place and are entered
into the register of wholesalers of fish and other
marine organisms at the first sale place (hereinafter
referred to as: the Register of fish wholesalers).
The
entry in the Register of fish wholesalers shall be done
on the basis of an application. The Register of fish
wholesalers shall be kept by the administration
authority.
The method of entry into and keeping of the
Register of fish wholesalers, the form and the content
of the applications referred to in paragraph 2 of this
Article, and the List of traders in fish and other
marine organisms shall be set by the Ministry.
The List
of traders referred to in paragraph 4 of this Article
shall be published semi-annually in at least one printed
media outlet distributed on the whole territory of
Montenegro.
11. Records on selling and buying of fish
Article 109
A registered fish wholesaler referred to in
Article 108 of this Law shall keep records on the fish
bought and/or sold and other marine organisms at the
first sale place.
The catering facilities, that is,
restaurants, shall keep the bills for the fish and other
marine organisms bought. The method of keeping, the content and period of keeping
the records referred to in paragraph 1, and the period
for keeping the bills referred to in paragraph 2 of this
Article, shall be defined by the Ministry.
12. Transhipment of fish from one vessel to another
Article
110
When transhipment of fish and other marine organisms
and fish products takes place, the captain of the vessel
unloading and the captain of the vessel receiving the
fish and other marine organisms and fish products shall:
notify the administration authority or the fishery
inspector of the time and the place of transhipment at
least 24 hours in advance:
-
about the time when the transhipment was completed;
-
keep records of the transhipment.
The method of notification and keeping of records
referred to in paragraph 1 items 1 and 3 of this Article
shall be laid down by the Ministry.
13. Landing or transhipment of fish and fish products
from foreign fishing vessels
Article 111
A foreign
fishing vessel, when landing and transhipping fish and
other marine organisms and fish products shall be
treated in the same way as a third-country fishing
vessel. Landing and transhipment from a foreign fishing
vessel shall be performed only in a port, a harbour or
other places meeting the technical requirements
prescribed for inspection of foreign fishing vessels
(hereinafter referred to as: places for landing and
transhipment). Technical requirements and the place for
landing and transhipment referred to in paragraph 2 of
this Article shall be laid down by the Ministry. The captain of the fishing vessel registered in a third
country that intends to land or tranship fish and other
marine organisms and fish products shall:
-
notify the administration authority or fishery
inspector of the intention of landing and transhipment
at least 72 hours before the scheduled arrival of the
vessel;
-
land or tranship fish and other marine organisms and
fish products following the approval from the
administration authority, which is issued in compliance
with the terms of landing and transhipment of fish and
other marine organisms and fish products contained in
the permit, the treaty, the agreement or other document
authorizing the fishing vessel to land or tranship fish
and other marine organisms and fish products.
X INSPECTION
Article 112
Inspection of the enforcement
of this Law shall be conducted by the administration
authority through fishery inspectors in accordance with
the Law.
1. Fishery inspector’s authority
Article 113
In addition to the authority of inspectors
provided for by laws governing the inspection, a fishery
inspector shall have the authority to:
-
monitor and control fishing and the use of fishing
tools and gear in such fishing;
-
check whether commercial, sport-recreational and the
fishing for the purpose of science and research is
conducted in approved fishing areas, farms, zones and
protected fishing areas using the approved tools, at
approved period of time and in the approved manner;
-
inspect and control markets, storages, catering
facilities or restaurants, harbours-ports, moles and
similar facilities of relevance for the trade in fish
and other marine organisms and fish products;
-
monitor and control implementation of the Strategy,
Plan, Programme of monitoring the condition of habitats
of economically significant fish and other marine
organisms in the seabed and in the sea waters,
implementation of the Annual Programme of monitoring,
control and surveillance of the fishing sea of
Montenegro.
-
go on board of a fishing vessel and inspect that
vessel, the fishing gear, load, storage, catch,
documents and other items, as well as to halt the
fishing vessel;
-
enter the rooms next to the board house, or the
vehicle where the fish or other marine organisms or the
fishing gear is kept or transported and to inspect rooms
or vehicles and to halt the vehicle used for the
transport of fish;
-
stop the vehicle in order to check whether it carries
fish and other marine organisms;
-
inspect fishing gear or items reasonably suspected of
being used or intended to be used for collecting,
treating or processing fish;
-
interrogate the person, who in his/her opinion may
provide information necessary for inspection;
-
request from a person employed at the fishing vessel
to assist in inspecting containers, fishing gear, fish
or documents on board of or in such a vessel;
-
request from the captain of the vessel to ensure
appropriate boarding to the ship;
-
stop and inspect the vehicle reasonably suspected of
carrying fish caught illegally or by using prohibited
fishing gear;
-
inspect fishing vessel regardless whether at that
time it was engaged in fishing or other fishing-related
activity.
2. Administrative measures and actions
Article 114
In addition to the administrative measures and actions laid
down by the law governing the inspection, a fishery
inspector shall take the following administrative
measures and actions: order anchoring of a fishing
vessel seized, confiscated or detained in order to
prevent its use pending the adoption of a decision on
release:
-
order stopping of the vehicle reasonably suspected of
carrying fish and other marine organisms and gear used
for the misdemeanour fishing;
-
order handing over of the items reasonably suspected
of being used in the misdemeanour;
-
seize the fishing vessel, vehicle, fishing gear,
documents and other items used in the misdemeanour;
-
order the captain of the fishing vessel used in the
misdemeanour or which was used or can be proved to have
been used in the misdemeanour, to sail it into a
specific port;
-
prohibit the use of or the attempt to use explosives,
fire guns, poison or other harmful substances for the
purpose of killing, stunning, disabling or catching fish
or for making the catching of fish easier;
-
prohibit the use of the gear from the List of
prohibited fishing gear and prohibited practices;
-
prohibit fishing in marked areas in the fishing sea
where telephone, telegraph or power lines, pipes or
other devices, as well as archaeological findings and
items are situated, or the use of the fishing gear and
tools that may damage them;
-
prohibit landing, presentation for the purpose of
sale, trade, transport and keeping of fish and other
marine organisms and fish products, as well as the use
of fish and other marine organisms and fish products in
restaurants contrary to this Law;
-
prohibit commercial, sport-recreational and fishing
for scientific and research purposes without a permit;
-
prohibit disposal of or discharge of liquid or solid
wastes originating from production or processing or
other material that have adverse effect on the quality
of the marine environment;
-
prohibit restocking, introduction of allochthonous
species of fish and other marine organisms, genetically
modified species of fish or other marine organisms into
the sea;
-
prohibit underwater activities in locations for
which a permit has not been obtained from the
administrative authority in charge of fishery
(hereinafter referred to as: the administration
authority);
-
prohibit fishing, collecting and placing on the
market of protected species of fish and other marine
organisms;
-
placing artificial underwater reefs where new
biological habitats can be formed.
Article 115
The authority of a fishery inspector in carrying out
inspection governed by this Law and the Law on
Inspection also applies to:
-
fishing vessels flying Montenegrin flag within and
beyond the fishing sea of Montenegro;
-
fishing vessels flying a foreign flag in the fishing
sea of Montenegro and within the authority laid down by
ratified international agreement beyond the fishing sea
of Montenegro.
XI PENALTY PROVISIONS
Article 116
A fine ranging from
two hundred to three hundred minimal wages in Montenegro
shall be imposed on a body, company or other legal
person or entrepreneur in case of:
-
restocking, release of allochthonous species of fish
and other marine organisms, genetically modified species
of fish or other marine organisms or underwater
activities in the locations for which a permit has not
been obtained from the administration authority, as well
as fishing, collecting and placing on the market of
protected species of fish and other marine organisms
(Article 7);
-
fishing in protected fishing areas at the specific
time and with specific fishing means for the purpose of
reproduction, farming and restocking of new fishing
areas or as a result of migration of larger quantities
of specific species of fish and other marine organisms
and engaging in prohibited activities necessary for
proper management of protected fishing areas without a
permit from the administration authority (Article 14
paragraphs 2 and 3);
-
catching, taking, receiving, buying, selling,
storing, transporting and keeping on board of a fishing
vessel protected species of fish and other marine
organisms (Article 15 paragraph 3);
-
fishing in the marked areas in the fishing sea where
telephone, telegraph or electric-power cords, pipes or
other devices as well as archaeological findings and
items are, using the fishing gear or tools that may
damage them (Article 43);
-
introducing allocthonous species of fish and other
marine organisms or genetically modified fish and other
marine organisms into the fishing sea of Montenegro, and
transferring them from one farm to another, or from one place in
Montenegro to another, without an approval from the
administration authority (Article 81 paragraph 1).
A fine of twenty minimal wages in Montenegro shall be
imposed on the person in charge of the company for the
misdemeanour referred to in the paragraph 1 of this
Article. A fine of twenty minimal wages in Montenegro
shall be imposed on the natural person, or the captain
of the fishing vessel for commercial fishing for the
misdemeanour referred to in the paragraph 1 of this
Article.
Article 117
A fine ranging from one hundred to
three hundred minimal wages in Montenegro shall be
imposed on a company of entrepreneur in case of:
-
catching juveniles, reproductively immature fish and
other marine organisms for farming, restocking and
research purposes in specific localities, at a specific
period of time and using specific fishing tools without
a permit from the administration authority (Article 16
paragraph 2);
-
placing on the market of fish and other marine
organisms during closed season (Article 17 paragraph 3);
-
catching juveniles, reproductively immature fish or
other marine organisms in specific localities, at the
specific period of time and using the specific fishing
tools for the purpose of farming, restocking and
research, without a permit (Article 17 paragraph 4);
-
fishing in harbours, entrances and access to ports
and anchorage, without a permit of the port user, as
well as fishing in area of managed and marked bathing
places in the period between May 1 to October 1, from
sunrise to sunset (Article 19 paragraphs 1, 2 and 4);
-
using, in commercial or sport-recreational fishing,
divers' apparatus with underwater gun and artificial
lights, and when keeping these items on board of a
fishing vessel or carrying them by or on the shore
(Article 22 paragraph 1);
-
fishing in the region of the Boka Kotorska Bay using
bottom trawls, floating trawls and encircling
large-scale fishing nets or by an institution engaged in
scientific and research work in the marine fishery area
without a permit (Article 24 paragraphs 1 and 2);
-
fishing with bottom trawls and floating trawls in
shallower littoral zones within the distance of three
nautical miles that follows the configuration of the
shore, or at the depth of 50 metres in case the isobath
of 50 metres where that depth is reached at a distance
shorter than three nautical miles three nautical miles
(Article 25 paragraph 1);
-
catching of date-shell (Litophaga litophaga), placing
on the market on the territory of Montenegro and
exporting (Article 26);
-
carrying out commercial fishing contrary to the terms
and fishing tools and gear laid down by this Law
(Article 44 paragraph 2);
-
carrying out commercial fishing in fishing areas by
fishing vessels, tools and gear not indicated in the
permit for commercial fishing (Article 51 paragraph 1);
-
the holder of the permit for commercial fishing in
the fishing sea, beyond 12 nautical miles of the
territorial sea, uses trawls with a balk, a set of nets
of any type, line nets and buoys for marking and other
gear if not marked as prescribed (Article 58 paragraph
1);
-
engaging in mariculture activities without a permit
(Article 70 paragraph 1);
-
the holder of a mariculture permit farms species and
quantity of fish and other marine organisms that are not
indicated in the permit (Article 73 paragraph 1);
-
the holder of a mariculture permit alters the terms
related to the structure, gear and maintenance of the
farm without an approval from the administration
authority (Article 75 paragraph 1);
-
failing to remove all the equipment and failing to
restore the farm into the original condition (Article
79);
-
removing and transporting from the place or selling,
exhibiting or offering for sale of fish and other marine
organisms from the farm or fish products contrary to
this Law (Article 82);
-
a foreign fishing vessel fishes in the fishing sea
of Montenegro without a permit, or uses a foreign
fishing vessels contrary to the Article 95 paragraphs 1,
2 and 4 of this Law;
-
fishing contrary to the Article 96 of this Law;
-
failing to implement the measures of control and
record keeping in compliance with the Article 98 of this
Law;
-
landing of fish and other marine organisms beyond
the first landing site and lading of fish and other
marine organisms at the first landing site without a
permit for large-scale commercial fishing (Article 106
paragraphs 1 and 3);
-
trading in fish and other marine organisms beyond
the first sale place (Article 107 paragraph 1);
-
trading in fish and other marine organisms at the
first sale place without being registered for that
activity and if not registered in the register of
wholesalers of fish and other marine organisms at the
first sale place (Article 108 paragraph 1);
-
failing to notify the administration authority or a
fishery inspector of the intention to unload or tranship
fish and other marine organisms and fish products at
least 72 hours prior to the planned arrival and in case
of unloading or transhipping of fish and other marine
organisms and fish products prior to obtaining an
approval from the administration authority (Article 111
paragraphs 2 and 4).
A fine of fifteen to twenty minimal wages in Montenegro
shall be imposed on the person in charge of the company
for the misdemeanour referred to in the paragraph 1 of
this Article.
A fine of ten to twenty minimal wages in
Montenegro shall be imposed on the natural person for
the misdemeanour referred to in the paragraph 1 of this
Article. A fine of fifteen to twenty minimal wages in
Montenegro shall be imposed on the captain of the
fishing vessel for commercial fishing for the
misdemeanours referred to in the paragraph 1, items 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 17, 18, 19, 20, 21,
and 23 of this Article.
A fine of fifteen to twenty
minimal wages in Montenegro shall be imposed on the
captain, owner and the charterer of the fishing vessel
for the misdemeanour referred to in paragraph 1, item 17
of this Article.
Article 118
A fine ranging from fifty
to two hundred minimal wages in Montenegro shall be
imposed on a company or entrepreneur in case of:
-
catching, taking, buying or selling, storing,
transporting or keeping aboard of the fishing vessel of
fish and other marine organisms smaller than the minimum
size prescribed (Article 16 paragraph 3);
-
failing to use the post only at night and early in
the morning (Article 27 paragraph 2);
-
removing and transferring the fish aggregating device
from an approved site (Article 28 paragraph 6);
-
fishing but failing to comply with the fishing rules
and hinders fishing by other persons (Article 41
paragraph 1);
-
fishing, without a permit. in parts of the fishing
sea designated, by a separate law, as areas for defence
(Article 42);
-
failing to keep a permit for commercial fishing
aboard of the fishing vessel (Article 51 paragraph 2);
-
keeping fishing tools and gear for sport-recreational
fishing aboard a fishing vessel without a permit for
sport-recreational fishing (Article 63 paragraph 2);
-
holder of a mariculture permit marks boundaries of a
farm with marks not in compliance with the regulations
on sailing safety (Article 68 paragraph 2);
-
the facilities for purification, distribution and
similar business facilities located within the zone for
farming of molluscs or facilities for processing fish
and other marine organisms do not have a permit for
construction or activities in accordance with the Law,
and the holder of a mariculture permit fails to provide
evidence of implementing the prescribed principles of
good manufacturing practices in mariculture (Article 83
paragraph 1);
-
holder of the permit or a person engaged at the farm
fails to immediately notify the administration authority
or a fishery inspector about the presence of a disease
or a harmful organism on the farm and fails to take all
the measures prescribed for the purpose of preventing
the spreading of the disease or the harmful organism
within or beyond the farm, including the destruction of
fish and other marine organisms and fish products, and
disinfection of the farm (Article 84 paragraphs 1 and
2);
-
holder of the permit fails to ensure keeping of fish
within the farm and fails to prevent the escape of fish
from the farm or in case of the escape of fish fails to
immediately notify the administration authority or a fishery inspector of that,
and fails to take measures to recover the escaped fish
(Article 85 paragraphs 1 and 2);
-
fishing vessels of the overall length of up to 10 m
and above 10 m acts contrary to the Article 103 of this
Law;
-
fishing vessel engaged in the permitted commercial
activity of overall length above 15 m does not have
installed a functional automatic location communicator
system (ALC) which allows detection and identification
of a fishing vessel by a remote monitoring system or a
satellite system, or when a permit holder for a foreign
fishing vessel issued in accordance with this Law or a
ratified international agreement does not have
installed, fails to maintain and fails to operate an
automatic location communicator system (ALC) in
accordance with the terms prescribed for the system of
automatic location (ALC), continuously, while in the
fishing sea of Montenegro (Article 105 paragraphs 4 and
5);
-
failure to keep records of every buying or selling
of fish and other marine organisms at the first sale
place and failure to keep the bills for the fish and
other marine organisms bought (Article 109 paragraphs 1
and 2);
-
failure to notify the administration authority or a
fishery inspector at least 24 hours in advance of the
time and the place of landing, of the time when the
landing is completed and failure to keep records of
transhipping (Article 110 paragraph 1 item 1).
A fine of five to twenty minimal wages in Montenegro
shall be imposed on the person in charge of the company
for the misdemeanour referred to in the paragraph 1 of
this Article.
A fine of ten to twenty minimal wages in
Montenegro shall be imposed on the captain or the
sailor-engineer of the fishing vessel for the
misdemeanours referred to in the paragraph 1, items 1,
4, 5, 6, 7, 13, and 14 of this Article.
A fine of five
to twenty minimal wages in Montenegro shall be imposed
on the captain, owner or the charterer of the fishing
vessel for commercial fishing for the misdemeanour
referred to in the paragraph 1, items 13 and 14 of this
Article.
Article 119
A fine of five to ten minimal wages
in Montenegro shall be imposed on a natural person for:
-
sport-recreational fishing without a permit for
sport-recreational fishing or if using a permit not
issued to his/her name, and for sport-recreational
fishing without keeping the permit at their side
(Article 59 paragraphs 2, 6 and 7);
-
sport-recreational fishing using fishing tools and
gear that are not allowed, for catching in one day the
quantity of fish which is not permitted or if placing
the catch on the market (Article 62);
-
hindering commercial fishing, for keeping fishing
tools and gear for sport-recreational fishing on board
of the vessel without a permit, carrying of underwater
gun by the shore or on board of the fishing vessel
without a permit for fishing with underwater gun, for
sport-recreational fishing with underwater gun from
sunset to sunrise and for sport-recreational fishing
with underwater gun at the age less than 16 (Article
63);
-
failing to keep and retain the records in accordance
with the Article 87 of this Law;
-
keeping the documents, records and information and
entering the data and presenting them to the
administration authority or a fishery inspector contrary
to the Article 102 of this Law;
-
destroying, damaging or making dysfunctional the
satellite surveillance device or in any other way
disturbs its functioning (Article 105 paragraph 7);
Article 120
For the misdemeanour stated in Article 116
paragraph 1, Article 117 paragraph 1, Article 118
paragraph 1 items 1, 5, 7 and 14, and Article 119
paragraph 1 items 1, 2, 3, 4 and 5 of this Law, apart
from the fines, the following protective measures shall
be imposed:
-
seizure of the catch;
-
seizure of the vessel, tools and gear for commercial
fishing used in the misdemeanour.
XII TRANSITIONAL AND FINAL PROVISIONS
Article 121
Pending the establishing of an administration authority
in charge of fishery affairs, the administrative and the
related technical affairs in the marine fishery shall be
carried out by the Ministry.
The administration
authority in charge of fishery shall be established
within two years following the date of entry of this Law
into force.
Article 122
Small-scale commercial fishing
referred to in Article 45 paragraph 2 of this Law shall
be conducted in the period of three years following the
date of entry of this Law into force.
Article 123
The
satellite monitoring system for the fishing vessels
referred to in Article 105 paragraph 1 of this Law shall
be established within three years from the date of entry
of this Law into force.
Article 124
The companies and
entrepreneurs registered for commercial fishing and
mariculture shall harmonize their business activities to
provisions of this Law within one year following the
date of entry of this Law into force.
Article 125
Pending the establishing of an accredited laboratory
referred to in Article 88, paragraph 6 of this Law, the
monitoring of water and bio-monitoring in the fishing
sea shall be carried out by the Institute's laboratory.
Article 126
Regulations for enforcement of this Law
shall be adopted within nine months following the date
of entry of this Law into force.
Article 127
Pending the
adoption of regulations based on the authority from this
Law, the regulations adopted under the Law on Marine
Fishery (Official Gazette of the Republic of Montenegro
55/03) shall be applied unless they are in contradiction
to this Law.
Article 128
On the day this Law enters into
force, the Law on Marine Fishery (Official Gazette of
the Republic of Montenegro 55/03) shall be repealed.
Article 129
This Law shall enter into force on the eight
day following the day of its publishing in the Official
Gazette of Montenegro.
SU-SK No 01-1050/29-08
Podgorica,
27 July 2009
The Parliament of Montenegro
President
Ranko Krivokapic, manu propria |