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Pursuant to the Article 103 paragraph 3 and Article 110 paragraph 2 of the Law on Marine Fisheries and Mariculture (Official Gazette of Montenegro No. 56/09), the Ministry of Agriculture and Rural Development adopted the following

Rulebook

on the form and contents of fishing log books, declaration on landings, report on catch and deadline for submitting the reports on total catch and landings and method of notification and keeping records on transhipping of fish and other marine organisms

Article 1

This rulebook lays down the form and contents of the fishing log book (hereinafter referred to as: the Logbook), the declaration on all landings made in the designated landing port (hereinafter referred to as: the declaration), the report on all catch and catch landing (hereinafter referred to as: the report), the deadline for submitting the report and the method of notification and keeping records on time and place of transhipping of fish, other marine organisms and fish products.

Article 2

The Logbook is a book of A4 format, with 75 numerated pages of which each page has two copies

The declaration is an integral part of the Logbook’s page.

The catch quantity is recorded in kilograms or units defined (box, etc.)

The data on catch landed shall not deviate more than 10% from the actual catch made.

Article 3

The report is a book of A4 format, with 12 numerated pages, of which each page has one copy.

The data on quantity of fish and other marine organisms caught are entered into the report, in kilograms, by species caught.

Names of fish and other marine organisms are entered into the table »catch«.

In case no catch is made, only the data on fishing effort shall be entered.

Article 4

The Logbook and the Report shall be filled in line with the instructions for filling in the Logbook and the report.

The forms of the Logbook and the Report are presented in annexes 1 and 2 that are printed with this Rulebook that they make an integral part of.

Article 5

The holders of permits for commercial fishing with a fishing vessel of 10 meters length overall and above shall keep the Logbook and present a copy of the logbook page together with the declaration to a fisheries inspector within 48 hours from the moment of landings made.

The holders of permits for commercial fishing with a fishing vessel of up to 10 m length overall shall present the report on total catch and landing of catch to a fisheries inspector no later than by 15 day of the month for the previous month.

By way of derogation from paragraphs 1 and 2 of this Article, the permit holders who carry out commercial fishing by bottom trawls, pelagic (floating) trawl, entangling net and floating long line and make a catch of 300 or more kilograms of pelagic fish or 50 kilograms and above of other fish species and/or other marine organisms shall keep the logbook regardless of the fishing vessel’s length.

Article 6

The holders of the permit for commercial fishing referred to in Article 5 of this Rulebook shall:

1) on daily basis enter the data on catch quantity, quantities landed and transhipped and on fishing effort into the Logbook, in line with the instructions for filling in the Logbook;

2) on daily basis enter the data on the quantity of catch and fishing effort into the Report;

3) enter the data on catch into the Logbook before the catch of fish and other marine organisms are unloaded from the fishing vessel;

4) enter the data into the Report no later than 24 hours after landing of catch of fish and other marine organisms from the fishing vessel;

5) enter the data into the Logbook and the Report in the manner that is readable and indelible,

6) not delete or change the data entered, while data entered incorrectly they shall cross with a single line and enter the accurate data, with a signature from the owner or the captain of the fishing vessel, or by the authorised employee at the fishing vessel – the fisherman;

7) within 48 hours from the landing of fish and other marine organisms, present the copy of the page of the Logbook to the fisheries inspector, the original of the page at the first sale point, that is, to the first buyer, and the other copy shall be retained in the Logbook and kept for minimum one year;

8) once a month present the original copy of the filled in report to the fisheries inspector by the 15 day of the month for the previous month, and retain one copy that they shall keep for minimum one year;

9) in case there was no fishing for the whole month, they shall notify the fisheries inspector in writing about the reasons for which they did not engage in the commercial fishing.

In cases of transhipment of fish and other marine organisms and fish product, the captain of the fishing vessel from which the shipment is taken and the captain of the fishing vessel to which the shipment is moved shall notify the competent authority of the transhipment made, at least 24 hours before transhipment takes place, by fax, electronically or by phone.

Article 7

The data from the Logbook, the declaration and the report that holders of permits for commercial fishing present shall be used solely for the purpose of collecting the data for sustainable management of living marine resources.

Article 8

In cases where the Logbook or the report is presented by mail, the package shall be sent together with the note on delivery and in cases where it is sent by fax, the subsequent delivery by mail or in person is required.

Article 9

The data on catch shall be entered by the holder of the permit for commercial fishing in case he engages in fishing on his own, the captain of the fishing vessel or the authorised employee of the fishing vessel – a fisherman.

Persons referred to in paragraph 1 of this Article shall enter into the Logbook and the report full and accurate data on the catch.

In cases where persons referred to in paragraph 1 of this Article fail to enter full and accurate data into the Logbook, or they fail to present the data on catches and landings within the deadline set and in line with this Rulebook, then it shall be considered as if the Logbook or the report, as appropriate, was not kept or delivered.

Article 10

The fisheries inspector shall present the copies of the pages of the Logbook and the report to the public authority in charge of fisheries affairs.

The data referred to in paragraph 1 of this Article shall be entered into the database that the competent authority keeps in an electronic form.

The copies of the delivered pages of the Logbook and the report shall be kept in the archives of the competent authority for three years.

Article 11

The holder of the permit for commercial fishing shall take over the forms of the Logbook and the report on the day of taking the permit.

Article 12

The day this rulebook enters into force the Rulebook on the form, contents and keeping of logbooks on fishing or cultivation activities (Official Gazette of the Republic of Montenegro 10/04) shall be repealed.

Article 13

This Rulebook shall enter into force on the eighth day from the day of its publishing in the Official Gazette of Montenegro, and it shall be applied as of June 1, 2011.

Ref No.: 320/10-1101-5725/8

Podgorica, January 18, 2011.

MINISTER,

Tarzan Milošević

Annex 1. Logbook on catch and report on landing

INSTRUCTIONS FOR FILLING IN THE LOGBOOK ON CATCH

Name of the fishing vessel and radio symbol	Name of the fishing vessel and its radio symbol is entered
Registration	Registration number or CFR number of the fishing vessel is entered
Name of the fishing vessel’s owner	First and last name, address of the owner, or the person authorised on the vessel is entered
Departure	Day, month, hour of departure and the port of departure are entered
Return	Day, month, hour of arrival and the port of arrival are entered
Landing	Day, month, hour of landing and the port of landing are entered
For transhipment of fish	Data on the fishing vessel to which the fish and other marine organisms, fish products are transhipped, the day and month of the transhipment are entered
Gear code, fishing tool	The code of the fishing gear, that is, the FAO code for the fishing gear is entered. Codes of fishing gear are presented in the Table 1
Mesh size	Mesh size of fishing gear in millimetres used for fishing or the number of hooks is entered, depending on the gear
Dimensions	Dimensions of the fishing gear (eg. for nets – length, for angling gear number of hooks for other gear, number of pieces)
Date	The data that has to correspond to every day spent at the sea is entered
Number of fishing operations	The number of fishing operations (eg, number of tows while using towing fishing gear, number of throws for encircling net and for other gear the time spent in the sea)
Duration of fishing (operations)	Time spent in the fishing is entered in hours
Fishing zone	Area where fishing is done is entered (a statistical rectangle, GFCM zone, fishing zone or the fishing zone of non-EU countries)
Catch by species (fish code)	Catch by individual species is entered in kilograms or number of units (eg. boxes) entering also how much one unit weighs in kilograms (eg. 1 box – 7 kilograms)
Total quantity of discards	The estimate of discards by species is entered
Fish condition (catch presentation)	Enter the condition in which the fish caught is landed (eg. fresh, eviscerated, filleted, etc)
Quantity	The quantity for each specie is entered separately, in kilograms
Signature of the authorised person entering the data()*:	At the end of the form, the signature of the holder of the permit shall put if he engages in the fishing on his own, the captain of the fishing vessel or employee of the fishing vessel

Annex 2. Report on catch

INSTRUCTIONS FOR FILLING IN THE REPORT

Month	Month for which the report is kept is entered in capital letters
Permit holder	Name of the permit holder is entered, or the name and address of the person entering the data
Number of permit	Serial number of the permit for commercial fishing is entered
Report number	Serial number of the report is generated automatically, during the printing of the report
Registration	Registration symbol of the fishing vessel is entered
Tonnage in Gt or vessel size	Tonnage is entered in GT (from the vessels authorization)
Engine power	Total power of the engine of the fishing vessel is entered in kilowatts (kW)
Length	Total length of the fishing vessel is entered in meters
Home port	The port of departure and arrival, or the port of registration is entered
Hour of departure from the port	The exact time of the departure from the port is entered in hours from 00.00-24.00. In case of several departures over the day, all departure hours shall be entered
Hour of arrival in the port	The exact time of the arrival the port is entered in hours from 00.00-24.00. In case of several arrivals over the day, all arrival hours shall be entered.
Fishing gear	Enter the number (code) of fishing gear used in fishing. Codes of fishing gear are presented in Table 1.
Length of net, number of angles, or...	Enter the length of the net in meters or the number of hooks or…. depending on the gear used for fishing.
Number of fishermen	Enter the number of fishermen engaged in fishing
Fishing zone	Enter the symbol of the fishing zone or several zones if fishing was done in several fishing zones in one day. In case fishing was done in one day in one zone only, the symbol of only that zone shall be entered. Fishing zones are presented on the map (page 2).