On the basis of Article 38 item 1 of the Law on Marine Fisheries (Official Journal of the Republic of Montenegro No. 55/2003), the Ministry of Agriculture, Forestry and Water Management has issued the

 D E C R E E
ON PROHIBITION OF CATCH AND TRADE IN FISH JUVENILES, UNDERSIZED FISH AND OTHER MARINE ORGANISMS

(Published in the Official Journal of the Republic of Montenegro No. 10/2004)

1. It is prohibited to catch and trade fish juveniles, undersized fish and other undersized marine organisms.
2. The term undersized fish and other undersized marine organisms implies not fully grown fish, crustaceans, shellfish and sponges of commercial importance, when size in some species is below the size laid down by this Decree as follows

3. Fish are measured by length from the top of the head to the end of the tailfin. Thunnus thynnus is measured from the tip of the nose till the shortest length of the tailfin, while Xiphias gladius is measured from the top of the lower jaw till the shortest length of the tailfin.
   Crustaceans are measured from the eye till the top of the stretched tail. Female crustaceans laying eggs must be returned into water immediately, regardless of their length.
   Cephalopods with ten arms (squids and Sepia officinalis) are measured from the top of the top of the cranial side of the dorsal part of the body till the end of the dorsal part of the body. Cephalopods with eight arms (octopus and eledone moschata) are measured only by weight.
   Bivalve molluscs and sponges are measured by their greatest length and diameter, respectively.
                Sea cucumbers are measured strengthened from the most prominent part of the front end till the most prominent part of the back end.
4. In case that in certain fishing area the catch of undersized fish and other marine organisms in fishing operations with bottom and floating trawls, shore seines or tow nets in one towing is more than 50 per cent of the total catch weight, then fishing in that area should stop.
5. Catch of undersized fish and other undersized marine organisms can be up to 20 per cent of the total weight of the catch.
6. It is prohibited to catch, and in case they are caught accidentally, marine mammals (whales, dolphins, seals, etc.) sea birds and sea turtles must be returned into the sea.
7. Companies, entrepreneurs and natural persons catching fish juveniles, undersized fish or other undersized marine organisms, shall be penalized in compliance with the Article 55 item 3 of the Law on Marine Fisheries, while for catching marine mammals, birds and sea turtles they will be penalized in compliance with the Article 55 item 3, with exception of catch laid down by the Article 37 paragraph 3.
8. The day this Decree enters into force the Decree on prohibition of catch and trade in fish juveniles, undersized fish and other marine animals (Official Journal of the Republic of Montenegro, No. 53/92) shall be repealed.
9. This Decree shall enter into force on the eighth day from the day of its publishing in the Official Journal of the Republic of Montenegro.

No. 325/04-0506-07/02
Podgorica, February 10, 2004
Minister, Milutin Simovic, manu propria