On the basis of Article 88 paragraph 2 of the Constitution of the Republic of Montenegro, I hereby issue 

THE DECREE

ON PROCLAMATION OF THE LAW ON MARINE FISHERY

 The Law on Marine Fishery adopted by the Parliament of the Republic of Montenegro at the fifth early session in 2003 on September 24, 2003 is hereby proclaimed.

 No. 01-878/2
Podgorica, September 25, 2003.
President of the Republic of Montenegro
Filip Vujanovic, manu propria.

LAW ON   MARINE   FISHERIES

I  General provisions
Article 1

Marine fisheries, in terms of this Law, is management of biological marine resources including catch, cultivation and protection of fish and other marine organisms.

Fish and other marine organisms in the fishery sea of the Republic of Montenegro as common goods are enjoying special protection and are used in a way and under terms laid down by this Law and other regulations.

Article 2

Fishery sea of the Republic of Montenegro (hereinafter referred to as: fishery sea) comprises the part of the coastal sea and epi-continental strip of Serbia-Montenegro situated within the boundaries of the Republic of Montenegro.

Boundary of the fishery sea in rivers that flow into the sea is the line where the water ceases to be stably saline.

The line referred to in the paragraph 2 of this Article is established by the Ministry competent for marine fisheries (hereinafter referred to as: the Ministry). 

Article 3

Companies, entrepreneurs and natural persons can engage in marine fisheries under the terms set by the Law.

             Foreign legal and natural persons can engage in marine fisheries if, in addition to the terms laid down by this Law, they meet the terms laid down by regulations on foreign investments.

Article 4

Certain expressions used in this Law have the following meaning:

1. management – is a set of state measures ensuring sustainable use of living marine resources;

2. fishers post is a part of fishing area;

3. locality is a part of the fishery sea where experimental researches or breeding of fish or other marine organisms is done on an economically justified basis;

4. breeding site is a marked area, including the protection zone, with clearly designed contents and capacities in the sea and on the coast;

5. fishery reserve is a part of fishery sea, identified and marked with geographical co-ordinates, favourable for natural fish reproduction and for feeding of fry and other marine organisms;

6. scientific institution is the institution registered, inter alia, for scientific and professional activities in sea research;

7. catch is the process of catching fish and other marine organisms;

8. collecting is the process of collecting marine organisms without using fishing gear;

9. vessel is a ship, boat or small submarine intended for marine fishing and collecting of marine organisms;

10. fishing tool is instrument used for fishing;

11. gear is instrument that enables the use of fishing instrument;

12. bottom trawl is a net used for catching fish and other marine organisms living at the bottom of the sea or very close to it, which consists of the wings, neck (body) and bag (sack);

13. floating trawl is similar to the bottom trawl, and is used for catching pelagic fish, pilchard (Sardina pilchardus sardina) and anchovy (Engraulis encrasicolus) above all; by construction it is similar to the bottom trawl, but it has sideward insertions and two pairs of wings on both sides, so while towing its aperture has a rectangle form;

14. encircling large-scale fishing net is a net used for catch of pelagic fish - small pelagic fish (pilchard  -Sardina pilchardus sardina and anchovy - Engraulis encrasicolus) and big pelagic fish - tuna and related species; it is cut in the form of a rectangle, at the upper side of the net is a rope with floats tied, while on the bottom is a rope with lead weights and rings for closing of the net;

15. other marine organisms are all marine organisms with exception of fish of significance for marine fisheries;

16. protection is a set of measures and practices proposed by scientific institutions; enforcement thereof is ensured by competent state authorities for the purpose of lasting protection of biodiversity, bio-ecological reproduction potentials and conditions of the environment;

17. lithoral or shelf is the area from the shore to the isobath on the depth of about 200 meters;

18. isobath is an imaginary line that connects areas of the same depth;

19. non-indigenous or introduced fish species are species introduced to an area;

20. shore is area situated between impacts of sea waves at the highest tide, i.e., the area where the water ceases to be stably salt to the line of the lowest tide;

21. biodiversity is the term that implies general diversity and variability as well as relations among all living organisms and ecological complexes they appear in;

22. permit is a document on the basis of which companies, natural persons and entrepreneurs can engage in commercial or sport-recreational fishing.

 II MARINE FISHING
Article 5

 Marine fishing (hereinafter referred to as: fishing) means catch, breeding, and collecting of fish and other marine organisms.

Fishing can be commercial and sport-recreational.

Article 6

 Companies, entrepreneurs and natural persons engaged in fishing are obliged to abide by the fishing rules and must not impede each other.

             Terms, restrictions and sequence in fishing in some fishing areas or zones is laid down by the Ministry.

Article 7

              The Ministry can issue permits for fishing and farming in areas of the fishery sea that special regulations define as areas for purposes of defence after obtaining an approval from the Ministry of Defence of Serbia-Montenegro.

             Fishing in territorial waters within boundaries of the Republic of Montenegro is not permitted to fishing vessels sailing under the flag of a foreign country.

Article 8

             In marked sites in the fishery sea where telephone, telegraph or electric-power cords, pipes or other devices, as well as archaeological findings and items are situated, fishing with fishing instruments or tools that could damage them is prohibited.

1.     Commercial fishing
Article 9 

             Commercial fishing implies fishing for the profit-making purpose.

             Commercial fishing can be done under the terms and by means set by this Law and other regulations.

             A fee is to be paid for carrying out commercial fishing. 

Article 10 

             Companies and entrepreneurs can engage in commercial fishing if they are registered for carrying out this activity and have been issued with a permit for commercial fishing.

             With the exception of the paragraph 1 of this Article, employed or retired persons can engage in small-scale commercial fishing stated in Article 15 of this Law.

             Permits for carrying out commercial fishing stated in paragraphs 1 and 2 of this Article can be issued if the following terms are provided:

1.     a permit on technical-technological equipment and capacities of the fishing vessel issued by the Institute on Marine Biology;

2.     employing of persons professionally trained for carrying out commercial fishing or are trained for carrying out commercial fishing themselves;

3.     statement from the port master’s ship register, i.e., the sailing permit together with the certificate stating that the fishing ship, ship ‘lute’ or boat is registered for commercial fishing. 

Compliance with the terms stated in subparagraph 3 of this Article shall be established by the Ministry.

Article 11 

             Permit for commercial fishing is issued by the Ministry on the basis of an advertisement published in public papers.

             The permit stated in paragraph 1 of this Article is issued separately for every vessel and it must contain:

1.     name of the company, i.e., name of the entrepreneur that is being issued with the permit for carrying out large-scale or small-scale commercial fishing;

2.     name or register mark of the vessel or a number of vessels if the nature of the commercial fishing implies participation of more than one vessel for these commercial fishing operations;

3.     fishery area or zone where commercial fishing is permitted;

4.     purpose, kind, technical characteristics and quantities of fishing tools and gear for commercial fishing operations;

5.     size of the vessel and horsepower of the engine of the vessel;

6.     amount of the fee

 In case of change in the company or owner of the vessel a new permit for commercial fishing is issued in compliance with the terms laid down.

The permit stated in paragraph 1 of this Article can be issued to the user following his paying of the fee for carrying out commercial fishing stated in the permit, for the period of maximum one year.

Permits stated in paragraph 1 of this Article are entered in the register of permits issued and which is kept by the Ministry.

The form of the permit stated in the paragraph 1 of this Article, the amount of the fee for carrying out commercial fishing and forms and methods for keeping of the register of permits issued are laid down by the Ministry.

Article 12

             Capacity of fishing vessels is defined according to the horsepower of the engine, gross capacity and type of the 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 13 

             Depending on the type and capacity of fishing vessels as well as on significance of the commercial fishing, the amount of the fee paid for carrying out commercial fishing is established.

             Separate amounts of fees by type and capacity of the fishing vessel as well as by significance of the fishing is laid down by the Ministry.

             On the basis of criteria stated in the paragraph 1 of this Article, the large-scale and small-scale commercial fishing are identified. 

Article 14 

             Large-scale commercial fishing includes:

1.     fishing with bottom tow nets – trawls;

2.     fishing with pelagic (floating) trawls;

3.     fishing with encircling nets – ‘plivarice’;

4.     fishing with shore seines;

5.     fishing with shore trawls;

6.     fishing with set nets;

7.     fishing with fish-traps;

8.     fishing with harpoons with and without the use of artificial light; fishing with long-lines and other angling tools;

9.     catching scampi (Nephrops norvegicus) with traps;

10.  catching big crustaceans with traps;

11.  catching shells (Bivalvia);

12.  catching or collecting other marine organisms. 

Purpose, type, technical characteristics and quantity of fishing tools and gear that is allowed for use in large-scale commercial fishing, and sites for fishery posts is laid down by the Ministry. 

Article 15 

             Small-scale economic fishing includes:

1.     fishing with set nets;

2.     fishing with traps for catching fish;

3.     fishing with harpoons with or without the use of artificial lights;

4.     fishing with long-lines and other angling tools;

5.     fishing with shore seines – ‘kogola’

6.     fishing with ‘kalimera’ (a small wooden cabin with nets used for fishing in southern parts of Montenegrin coast) and hand dredge called ‘grib’

7.     collecting of shells (Bivalvia)

Purpose, type, technical characteristics and quantity of fishing tools and gear that is allowed for use in small-scale commercial fishing is laid down by the Ministry. 

Article 16 

             Companies and entrepreneurs can carry out commercial fishing in fishery areas and zones with the vessel, tools and gear stated in the permit for commercial fishing.

             The permit for commercial fishing must always be kept on board. 

Article 17 

             Commercial fishing must be lead by a professionally trained person, which, during fishing operations, must always be on the vessel.

             If collecting of marine organisms, in scope of commercial fishing, is done by diving, the divers must be professionally trained for diving and for carrying out commercial fishing.

             During fishing operations, the persons stated in paragraphs 1 and 2 of this Article must always have with them the certificate on professional capability for carrying out of commercial fishing. 

Article 18 

             Professional capability for carrying out commercial fishing is tested in an examination.

             The program for examination for carrying out commercial fishing is laid down by the Ministry.

             Professional capability is checked by a special expert commission appointed by the Ministry.

2.     Sport-recreational fishing
Article 19 

             Sport-recreational fishing is catching fish and other marine organisms for the purpose of sport and recreation.

             Sport-recreational fishing also includes sport-recreational fishing by free-diving.

             Natural persons issued with a permit for sport-recreational fishing can engage in sport-recreational fishing.

             The permit for sport-recreational fishing can be permanent and temporary.

             The permit for sport-recreational fishing can be used only by its holder.

             Holder of the permit must have the permit at his side when carrying out sport fishing.

             A permit is necessary for sport-recreational fishing done from shore by means of fishing rod and line.

             A fee is paid for carrying out sport-recreational fishing.

             The fee stated in paragraph 8 of this Article is defined by the competent authority of local self-management, depending on the validity period of the permit and age structure of sport fishermen. 

Article 20 

             The permit for sport-recreational fishing is issued by the authority of local self-management in charge of sport and recreation affairs within its scope of work and provides control over the sport-recreational fishing stated in Article 19 paragraph 7 of this Law.

             Means collected from fees stated in Article 19 paragraph 8 of this Law are revenues of the budget of coastal municipalities.

Article 21 

             Sport-recreational fishing can be carried out by allowed fishing tools and gear.

             A natural person engaged in sport-recreational fishing can catch a maximum of 5 kg of fish and other marine organisms in one day except during sport fishing competitions.

Catching of marine game (shark, catfish, ray etc.) and an individual fish that weights more than 5 kg (sea-bass, dentex, sea-bream etc.) is not included in the quantity of fish stated in the paragraph 2 of this Article.

A natural person engaged in sport-recreational fishing must not sell or exchange its catch caught in sport-recreational fishing.

The Ministry can reduce the quantity of catch stated in paragraphs 2 and 3 of this Article on request from the competent scientific institution. 

Article 22 

             Sport-recreational fishing must not hinder commercial fishing.

Keeping fishing gear and tools in vessels without the permit for sport-recreational fishing is prohibited.

Carrying underwater gun by the coast and on the vessel without the permit for fishing with underwater gun is prohibited.

Sport-recreational fishing with underwater guns between sunset and sunrise is prohibited.

Sport-recreational fishing with underwater guns is prohibited to persons under the age of 16. 

Article 23 

             The permanent permit for sport-recreational fishing is issued for the current calendar year, while temporary permits are issued for the period of maximum 30 days.

             Temporary permits for sport-recreational fishing can be also be issued to persons who do not have the citizenship of Serbia-Montenegro. 

Article 24 

             Membership card of sport fishing clubs and diving clubs do not have the power of permits for sport fishing. 

Article 25 

             Approval for holding republic and international competitions in sport-recreational fishing is issued by the Ministry.

             Quantity of fish caught in sport-recreational fishing at the level of the state is not limited. 

Article 26 

             Use, type and quantity of fishing tools and gear that can be used in sport-recreational fishing, forms, number and contents of the permit for sport fishing is laid down by the Ministry. 

3.     Cultivation of fish and other marine organisms
Article 27 

             Cultivation (mariculture) is an economic activity of controlled reproduction and cultivation of fish and other marine organisms.

             Companies and entrepreneurs registered and issued with a permit for cultivation activity can engage in cultivation stated in the paragraph 1 of this Article.

             The permit stated in paragraph 2 of this Article can be issued if companies and entrepreneurs meet the following requirements:

1.     employ persons professionally trained for carrying out the activity stated in paragraph 1 of this Article or are trained for it themselves;

2.     meet the designed technical-technological terms for carrying out the activity stated in paragraph 1 of this Article. 

Compliance with the terms stated in paragraph 3 of this Article shall be established by the Ministry. 

Article 28 

Professional capability for carrying out cultivation of fish and other marine organisms is tested in an examination.

             The program for examination on cultivation operations is laid down by the Ministry.

             Professional capability is checked by a special expert commission appointed by the Ministry. 

Article 29 

             The Ministry identifies location (bays, coves, estuaries etc.) and conditions for setting up farms of fish and other marine organisms with use of adequate cultivation technology, on proposal of the competent scientific institution and with previously obtained approvals from the Ministries competent for maritime affairs and transport, health, vital environment protection and physical planning.

             In case seashore is necessary for use of location stated in the paragraph 1 of this Article, obtaining of an approval of a legal person in charge of use of marine resources is necessary.

             A fee is to be paid for use of locations stated in paragraph 1 of this Article, depending on: the species and quantity of fish and other marine organisms cultivated; the area and position of the location. 

Article 30 

             Approval for scientific and research activities in the field of mariculture is issued by the Ministry. 

Article 31 

             Permit for use of location stated in Article 29 of this Law is issued by the Ministry on the basis of anadvertisement published in public papers.

Article 32 

             The company or entrepreneur can carry out cultivation activities in the location for which he obtained the permit stated in Article 31 of this Law and cultivate the species and quantity of fish or other marine organisms written in the permit.

             The permit stated in paragraph 1 of this Article can be issued for the period of maximum five years, with possibility of extension, depending on results achieved in the cultivation designed.

             The permit includes:

1.     name of the company, i.e. name of the entrepreneur that the permit is issued for;

2.     location with space coordinates where cultivation is carried out;

3.     species and quantity of fish or other marine organisms cultivated at the location given and validity period of the permit;

4.     amount of the fee. 

The permit stated in paragraph 1 of this Article can be issued to the user following his paying of the fee for carrying out cultivation activities stated in the permit.

The permit stated in paragraph 1 of this Article is entered in the register of permits issued and which is kept by the Ministry.

The form of the permit stated in the paragraph 1 of this Article, the amount of the fee for carrying out cultivation activities and forms and methods for keeping of the register of permits issued are laid down by the Ministry. 

Article 33 

             Location where fish or other marine organisms are cultivated must be marked with signs in compliance with regulations on sailing safety. 

Article 34 

             Fishing is not allowed at the distance shorter than 100 meters from the sign marking the position of the farm of fish or other marine organisms, nor approaching that location to the distance less than 50 meters from the sign. 

III   Protection of fish and other marine organisms and preservation of marine biodiversity
Article 35 

             Fish and other marine organisms as well as marine biodiversity are protected from threat to their vital environment and overexploitation.

             Protection, in terms of paragraph 1 of this Article, implies lasting measures taken in order to preserve bio-ecological reproduction potentials and conditions of the environment. 

Article 36 

             Measures on protection of biodiversity and environmental conditions imply:

1.     prohibition of disposal or drainage of liquid or solid wastes originating from production or processing or any other materials and energy that have adverse effects on the quality of marine environment;

2.     prohibition of stocking, release of non-indigenous species of fish and other marine organisms, genetically modified species of fish or other marine organisms into the sea;

3.     placement of artificial underwater reefs where new bio-habitats shall be formed;

4.     prohibition of underwater activities in locations that the permit from the Ministry had not been obtained for;

5.     prohibition of fishing, collecting and trade in protected species of fish and other marine organisms. 

Article 37

 It is prohibited to catch and trade in juveniles, reproductively immature species of fish and other marine animals.

It is prohibited to catch and trade in fish and other marine organisms during the closed seasons.

             With the exception from the provision stated in the paragraph 1 of this Article, the Ministry can, on proposal of the competent scientific institution, permit the catch of juveniles, reproductively immature species of fish and other marine animals in specific localities, in specific time and with use of specific fishing tools for the purpose of cultivation, stocking and research activities. 

Article 38 

             For the purpose of preventing overfishing of all growth classes of marine organisms the Ministry can:

1)    announce closed season for specific species of fish and other marine organisms, restrict, i.e., prohibit the use of specific means for commercial and sport-recreational fishing;

2)    determine the basic constructional-technical characteristics, way of use, time and purpose of specific types of means and tools for commercial and sport-recreational fishing;

3)    determine the size of fish and other marine animals below which catching and trading is not allowed. 

Article 39 

             For the purpose of rational use and protection of commercially significant species of fish and other marine animals and on the basis of opinion previously obtained from the competent scientific institution, the Ministry lays down:

1)    number and size of vessels, horsepower of engines of the vessel, type and quantity of fishing tools and gear for which fishing is allowed in specific fishing areas;

2)    restriction, i.e., prohibition of fishing in a specific area;

3)    allowed quantity of catch or collecting per one permit;

4)    number of permits issued for specific form of fishing and issuing permits for use of locations for the needs of diving schools and carrying out sport-recreational activities at sea.

Article 40 

             For the purpose of rational management over renewable biological marine resources, the following programs are obligatory:

1)    monitoring of communities of commercially significant species of fish and other marine organisms at the bottom and in the free water;

2)    monitoring of the quality of marine environment in parts of the sea where fishing and cultivation of marine organisms is carried out. 

On the basis of the Strategy on development of marine fishery, programs stated in paragraph 1 of this Article are adopted by the Government of the Republic of Montenegro, on proposal of the Ministry.

Means for implementation of the programs are provided from the Budget of the Republic. 

Article 41 

             It is prohibited to catch fish or other marine organisms with explosives, chemical substances or other inadmissible means that kill, intoxicate or poison them, as well as collecting and trading organisms caught in that way.

             In fishing activities use of means for scaring fish and other marine organisms is prohibited.

             It is prohibited to keep aboard or on the shore explosive or chemical means that can kill, poison or intoxicate fish and other marine organisms. 

Article 42 

             In carrying out commercial or sport-recreational fishing, it is prohibited to use divers’ apparatus with underwater gun and artificial lights, as well as keeping these means aboard or carry them by the shore or keeping them on the shore.

             Divers’ apparatus, in the terms of paragraph 1 of this Article, implies all types of divers’ apparatus or similar devices that enables the diver to breathe under the water. 

Article 43 

             In cases when, for the purpose of scientific researches, catching of collecting of fish and other marine organisms is done contrary to terms laid down by this Law and regulations adopted on the basis of this Law it is necessary to acquire a permit from the Ministry. 

Article 44 

             Companies, entrepreneurs and natural persons that inflict damage by actions contrary to provisions of this Law are obliged to compensate the damage done.

             Compensation for the damage done by illegal fishing is calculated on the basis of a pricelist for compensation of fishing damage laid down by the Ministry.

             Means collected on the basis of compensation stated in paragraph 2 of this Article are revenues of the Budget of the Republic. 

Article 45 

             For the purpose of protecting fish and other marine organisms, the Ministry proclaims fishery reserves.

A fishery reserve, in the terms of this Law, is a part of the fishery sea favourable to natural reproduction of fish and sustenance of juveniles as well as for other marine organisms.

             Boundaries and marking of fishery reserve stated in paragraph 1 of this Article, as well as measures of protection and development, are laid down by the Ministry on the basis of the opinion obtained from the competent scientific institution.

             Fishing in fishery reserves is prohibited.

             With the exception from the provision stated in paragraph 4 of this Article, the Ministry can permit fishing to companies and entrepreneurs at specific times and with specific fishing means:

1)    for the purpose of reproduction, cultivation and stocking of new fishing areas;

2)    due to arrival of larger quantities of certain species of fish and marine organisms. 

Article 46 

Fishing in the area of port, entrance and access way and anchorage is prohibited.

With the exception from the paragraph 1 of this Article, fishing in the area of port, entrance and access ways and anchorage is allowed only if user of the port, with approval of the port master’s office and opinion of the competent scientific institution, permits fishing in these areas.

             Fishing is permitted in the areas of channels and internal marine routes only if it does not hinder the navigation of other ships and other vessels.

             Fishing is not permitted in areas of arranged and marked swimming beaches in the period May 1 - October 1, from sunrise to sunset. 

Article 47 

             In the area of the Bay of Boka Kotorska fishing with the following means is prohibited:

1)    bottom trawls;

2)    floating trawls;

3)    encircling large-scale fishing nets. 

With exception from the paragraph 1 of this Article, institutions engaged in scientific and research activities in the field of marine fishery can be allowed to fish with means stated in paragraph 1 of this Article provided that such fishing is necessary for realization of the research programs of the institution concerned.

The permit stated in paragraph 2 of this Article is issued by the Ministry. 

Article 48 

             For the purpose of protecting general marine biodiversity fishing with bottom trawls and floating trawls in shallower zones of the lithoral is prohibited at the distance of three nautical miles that follows the configuration of the shore, i.e., at the depth of 50 meters in case the isobath of 50 meters where that depth is reached at a distance shorter than three nautical miles.

             With the exception from paragraph 1 of this Article, a ship with a net overboard can approach the shore to the depth lesser than the one prescribed in case it is damaged and if it had previously notified the competent port master’s office or its branch office. 

Article 49 

             In order to protect rocky shores as a special habitat in the fishery sea, catching, trading on the whole territory of Serbia-Montenegro or exporting of date-shell (Litophaga litophaga) is prohibited. 

Article 50 

             Trading of fish and other marine organisms can be executed only by companies and entrepreneurs in possession of the permit for commercial fishing.

             When trading fish and other marine organisms, the companies and entrepreneurs in possession of permits for commercial fishing must issue to the buyer a certificate (receipt) with the register number of the permit, species and quantity of fish and other marine organisms sold, name of the buyer and date of the sale written on. 

IV  RECORDS ON FISHING AND CULTIVATION OF MARINE ORGANISMS
Article 51 

             Companies and entrepreneurs engaged in fishing, i.e. cultivation, must keep logs on fishing and logs on cultivation, as well as keep the register on quantities or sorts of food used in breeding sites.

             The log stated in paragraph 1 of this Article must always be aboard the vessel used in fishing, i.e. kept on the breeding site.

             Form, contents and methods for keeping logs on fishing or cultivation is laid down by the Ministry. 

Article 52 

             Companies and entrepreneurs engaged in fishing of cultivation are obliged to forward the log on fishing or the log on cultivation to the Ministry at the end of the half-year for that half-year and within the validity period of the permit.

             Users of the permits for fishing and cultivation are obliged to receive on their vessel and breeding site scientists and experts, on the basis of a decision issued by the Ministry, for the purpose of sampling and control of biological resources within protection laid down by this Law, free of charge. 

V  Fishing fee
Article 53 

             Means collected from fees stated in Articles 9 and 29 of this Law are revenues of the Budget of the Republic. 

VI  surveillance
Article 54 

             Surveillance over enforcement of this Law and regulations adopted on the basis of this Law is executed by the Ministry.

Activities of inspection surveillance within competences of the Ministry are executed by republic inspectors for marine fishery, in compliance with the Law. These activities include:

1)    surveillance over fishing, use of fishing tools used in fishing;

2)    establishing whether commercial, sport-recreational fishing and fishing for scientific and research purposes is executed in permitted fishery areas, locations, zones and reserves, by permitted tools, at permitted times and in permitted ways;

3)    surveillance over markets, storehouses, restaurants, landing places – ports, piers, etc. 

VII Penalty provisions
Article 55 

             A fine ranging from 250 to 300 minimal wages in the Republic shall be imposed on a company or entrepreneur in case of:

1)    catching fish or other marine organisms with explosives, chemical substances or other means (electric generators) that kill, intoxicate or poison them; collecting and trading fish and other marine organisms caught in that way; keeping aboard or on the shore explosive or chemical means that can kill, poison or intoxicate fish and other marine organism; using means for scaring fish (Article 41).

2)    fishing in the fishery sea where telephone, telegraph or electric-power cords, pipes or other devices, as well as archaeological findings and items are situated, by use of fishing instruments or tools that could damage them (Article 8).

3)    disposal or drainage of liquid or solid wastes originating from production or processing or any other materials and energy that have adverse effects on the quality of marine environment; stocking, release of non-indigenous species of fish and other marine organisms, genetically modified species of fish or other marine organisms into the sea; placement of artificial underwater reefs where new bio-habitats can be formed; catching and trading in juveniles, reproductively immature species of fish and other marine animals; catching and trading in fish and other marine organisms during the closed seasons;  catching and trading in juveniles, reproductively immature species of fish and other marine animals during the closed seasons, in specific localities, in specific time and with use of specific fishing tools without the permission of the Ministry (Articles 36 and 37).

A fine of 20 minimal wages in the Republic shall be imposed on person in charge of the company for the offence stated in paragraph 1 of this Article.

A fine of 20 minimal wages in the Republic shall be imposed on the natural person for the offence stated in paragraph 1 of this Article.

A fine of 20 minimal wages in the Republic shall also be imposed on the captain or manager of the vessel for commercial fishing for the offence stated in the paragraph 1 of this Article. 

Article 56            

A fine ranging from 100 to 300 minimal wages in the Republic shall be imposed on a company or entrepreneur in case of:

1)    carrying out commercial fishing without the permit for commercial fishing (Article 10 paragraph 1 item 3);

2)    carrying out commercial fishing with the vessel, tools and gear not stated in the permit for commercial fishing (Article 16);

3)    carrying out cultivation activities in the location for which he had not obtained the permit for or cultivation of the species and quantity of fish or other marine organisms not written in the permit (Article 32);

4)    catching and trading in juveniles, reproductively immature species of fish and other marine animals or catching and trading in fish and other marine organisms during the closed seasons. (Article 37 paragraphs 1 and 2);

5)    catching and trading on the whole territory of Serbia-Montenegro or exporting of date-shell (Litophaga litophaga) (Article 49);

6)    fishing by bottom trawls, floating trawls and encircling large-scale fishing nets in the area of the Bay of Boka Kotorska (Article 47 paragraph 1);

7)    carrying out commercial or sport-recreational fishing using divers’ apparatus with underwater gun or when keeping these means aboard or carrying them by or on the shore (Article 42 paragraph 1);

8)    catching of collecting of fish and other marine organisms for the purpose of scientific researches without a permit from the Ministry (Article 43);

9)    fishing with bottom trawls and floating trawls in shallower zones of the lithoral within boundaries set by Article 48 of this Law;

10) trading in fish and other marine organisms without fishing permit, i.e., when persons registered for fishing do not issue a certificate (receipt) in the prescribed way (Article 50). 

A fine of 15 to 20 minimal wages in the Republic shall be imposed on person in charge of the company for the offence stated in paragraph 1 of this Article.

A fine of 10 to 20 minimal wages in the Republic shall be imposed on the natural person for the offence stated in paragraph 1 of this Article.

A fine of 20 minimal wages in the Republic shall also be imposed on the captain or manager of the vessel for commercial fishing for the offences stated in the paragraph 1, items 1, 2, 4, 5, 6, 7, 8 and 9 of this Article. 

Article 57 

             A fine ranging from 250 to 300 minimal wages in the Republic shall be imposed on a company or entrepreneur in case of:

1)    carrying out commercial fishing at the distance shorter than 100 meters from the sign marking the position of the breeding site or if carrying out other activities hindering the cultivation activities (Article 34);

2)    catching or collecting fish and other marine organisms for the purpose of scientific and research activities in the field of mariculture or for scientific research activities contrary to terms laid down by this Law and regulations adopted on this law; carrying out scientific research activities in the Bay of Boka Kotorska with inadmissible means without the permit of the Ministry (Article 30 and Article 47 paragraphs 2 and 3);

3)    not keeping the log on fishing and the log on cultivation, or register on quantities or sorts of food used in breeding sites (Article 51 paragraph 1);

4)    when the log on fishing and the log on cultivation are not aboard the vessel, i.e., on the breeding site. (Article 51 paragraph 2);

5)    not forwarding the log on fishing or the log on cultivation to the Ministry for every half-year within the validity period of the permit (Article 52). 

A fine of 5 to 20 minimal wages in the Republic shall be imposed on person in charge of the company for the offence stated in paragraph 1 of this Article.

A fine of 5 to 10 minimal wages in the Republic shall also be imposed on the captain or manager of the fishing vessel for the offences stated in the paragraph 1, items 1, 2 and 4 of this Article. 

Article 58 

             A fine to the amount ranging from 10 to 100 minimal wages in the Republic shall be imposed on a company or entrepreneur in case:

1)             the permit for commercial fishing is not kept on board of the vessel (Article 16 paragraph 2);

2)             commercial fishing is not lead by a professionally trained person (Article 17 paragraph 1);

3)             the person that carries out commercial fishing by diving is not professionally trained for diving and commercial fishing (Article 17 paragraph 2);

4)             they do not employ persons professionally trained for cultivation or are not trained for it themselves (Article 27 paragraph 2 item 2);

5)             they organize republic and international competitions in sport-recreational fishing without permit issued by the competent authority (Article 25 paragraph 1);

6)             they use locations for the needs of diving schools and carrying out sport-recreational activities at sea without a permit issued by the competent authority (Article 39 paragraph 5). 

A fine of 10 to 20 minimal wages in the Republic shall be imposed on person in charge of the company for the offence stated in paragraph 1 of this Article.

A fine of 5 to 20 minimal wages in the Republic shall also be imposed on the captain or manager of the vessel for commercial fishing for the offences stated in paragraph 1 items 1, 2 and 3 of this Article.

For the offence stated in paragraph 1 of this Article the inspector can impose an on-the-spot fine of 3 minimal wages in the Republic on a person caught in the act of breaching. 

Article 59 

             A fine ranging from 4 to 8 minimal wages in the Republic shall be imposed on a company or entrepreneur in case:

1)             they carry out sport-recreational fishing without a permit or if they do not have the permit at their side during sport-recreational fishing (Article 19 paragraphs 2, 5 and 7)

2)             they carry out sport-recreational fishing with unallowable fishing tools and gear or use divers’ apparatus with underwater gun (Article 21 paragraph 1 and Article 42 paragraph 1);

3)             in carrying out sport-recreational fishing they catch quantities of fish and other marine organisms higher than allowed (Article 21 paragraph 2);

4)             the person engaged in sport-recreational fishing trades the catch (Article 21 paragraph 4);

5)             the person carrying out sport-recreational fishing uses underwater guns between sunset and sunrise (Article 22 paragraph 4). 

For the offence stated in paragraph 1 of this Article the inspector, or authorized person, can impose an on-the-spot fine of up to 3 minimal wages in the Republic on a person caught in the act of breaching. 

Article 60 

             For offences stated in Article 55 paragraph 1, Article 56 paragraph 1, Article 57 paragraph 1 items 1 and 2, Article 58 paragraph 1 items 2, 3, 4 and 5 of this Law, apart from fines, the following protective measures are imposed:

-       seizure of the catch;

-       seizure of the vessel, tools and gear for commercial fishing used in committing the offence. 

Article 61

              A fine to the amount of 20 minimal wages in the Republic shall be imposed on captain or manager of a foreign vessel in case it carries out commercial fishing without the permit or in the way not in compliance to international contract.

             For the offence stated in paragraph 1 of this Article, a protective measure of seizure of catch, fishing tools and gear shall be imposed and even the vessel can be seized.

 Article 62

              If the captain, manager or member of the crew of a foreign vessel carrying out commercial fishing fail to stop the vessel following an order of the person in charge or if they cause danger to life of human beings or damage the property by some other action, apart from the fine, the protective measure of seizure of the vessel, catch, fishing tools and gear shall be imposed as well.

VII temporary AND FINAL PROVISIONS
Article 63

             Companies and entrepreneurs registered for carrying out fishing are obliged to adjust their activities with provisions of this Law within the period of six months from the day this Law entered into force.

Article 64

             Small-scale commercial fishing stated in Article 10 paragraph 2 of this Law shall be carried out for the period of three years following the day the Law entered into force.

Article 65

             More detailed regulations on the basis of authorization from this Law shall be adopted within the period of three months from the day this Law entered into force.

Article 66

             On the day this law enters into force the Law on marine fishery (Official Journal of the Republic of Montenegro No. 26/92 and 59/92) shall be repealed.

Article 67

             This law shall enter into force on the eighth day following the day of its publishing in the Official Journal of the Republic of Montenegro.