Professional Documents
Culture Documents
FINAL PROPOSAL
Article 2
The fishery sea of Montenegro (hereinafter referred to as the fishery sea! comprises marine and submarine area of internal sea, territorial sea and epi"continental area of Montenegro as defined by the Law which regulates the sea. The fishery sea comprises the e#clusive marine economic $ones in accordance with the Law. The boundary of the fishery sea in the rivers flowing into the sea shall be considered to be the boundary line where such water ceases to be stably saline. The boundary line referred to in paragraph % of this &rticle shall be established by the Ministry competent for marine fisheries (hereinafter referred to as the Ministry!.
Article 3
'ompanies and entrepreneurs, that is, other legal and natural persons, may engage in marine fisheries (hereinafter referred to as the fishery! under the terms set by the present Law. Foreign legal and natural persons may engage in marine fishery in accordance with the Law. This Law shall apply to the fishery operations of Montenegrin"flagged vessels outside the boundaries of the fishery sea referred to in &rticle () of the present Law.
Article 4
For the purpose of this Law the following definitions shall apply 1) !ric"lt"re means the rearing or cultivation of fish and other marine organisms in the fishing sea by using techniques designed to increase the production or the organisms in question beyond the natural capacity of the environment* 2) #i$%i&er'it( )#i$l$*ic!l %i&er'it() means the variability among living organisms, including terrestrial, marine and other aquatic ecosystems and the ecological comple#es, and the diversity within species, between species and ecosystems* 3) #i&!l&e $ll"'c' )L! elli#r!+c,i! cl!'') means filter"feeding lamellibranch molluscs* 4) #$!t 'ei+e' 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
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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* -) tr!.l +et' means nets which are actively towed by the main boat engine and consisting of a cone" or pyramid"shaped body, closed at the bac, by a cod"end and which can e#tend at the opening by the wings or can be mounted on a rigid frame* hori$ontal opening is either obtained by otter boards* it can be towed either on the bottom (bottom trawl net! or in midwater (pelagic trawl net!* /) #$tt$ 0'et *ill+et means any net held vertically in the water by floats and weights fi#ed or being fi#ed 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* 1) #(0c!tc, i' 2i', .,ic,3 a! are not the species of fish directly targeted* b! belong to a species not identified as by"catch in the applicable licence* c! includes economic and regulatory discards* and d! does not include fish which are released alive under a recreational catch and release programme* 4) c!5!cit( means the capacity of an ecosystem to support healthy organisms, while maintaining productivity, adaptability and capability of renewal* 6) c!tc, li it means a quantitative limit on landings of a stoc, or group of stoc,s over a given period* 17) c$!'t!l .!ter' are rivers, any waters of any channel, bay or estuary, transitional waters and -costal waters. as defined under the 'onvention of the /ight of the 0ea of the 1nited 2ations 3()+ a. ri&er' means a body of inland water flowing for the most part on the surface of the land or may flow underground for part of its course* b. tr!+'iti$+!l .!ter' means bodies of surface water in the vicinity of river mouths, which are partly saline in character as a result of their pro#imity to coastal waters, but which are substantially influenced by freshwater flows* c. '"r2!ce .!ter $+ t,e l!+%.!r% 'i%e $2 ! li+e means water whose every point is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, e#tending where appropriate up to the outer limit of transitional waters* 11) c$+'er&!ti$+ re2ere+ce 5$i+t' means values of fish stoc, population parameters (such as biomass or fishing mortality rate, etc.! used in fisheries management, with respect to an acceptable level of biological ris, or a desired level of yield* 12) c$r!lli*e+$"' ,!#it!t means an area where a part of the seabed is characteri$ed by the dominant presence of a specific biological community named -coralligenous. or where such community has e#isted and is in need of restoration action* 13) c$r!l ree2 means a comple# biogenic structure that was created by continuous overlapping of previously roc,y or hard substratum with limestone layer, which is primarily created by covering of calcified red algae and animal organisms (sponges, ascidia, cnidaria, brio$oe, annelid!, together with other organisms fi#ators of limestone* 14) 5l!ce $2 t,e 2ir't l!+%i+* means a anchor, port or other place which meets the prescribed requirements for landing of fish* 1-) re't$c8i+* 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* 1/) %i'c!r%' means the total live weight of undersi$ed, not saleable, or otherwise undesirable fish, discarded at the time of capture or shortly afterwards* 11) %i&i+* !55!r!t"' means all equipment used in diving including mas,s, flippers, breathing equipment used in diving scuba gear, air"tan,s, airlines and pumps* 14) %re%*e' means a fishing vessel which is towed mostly by the main boat engine (boat dredge! or hauled by a motori$ed winch from an anchored vessel (mechani$ed dredge! to catch bivalves, gastropods or sponges and which consists of a net bag or metal bas,et mounted on a rigid frame or rod of variable si$e and shape whose lower part may carry a
scraper blade that can be either rounded, sharp or tooted, and may be equipped with s,ids and diving boards. a. 4ydraulic dredge means a dredge equipped with hydraulic equipment. b. 4and 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 the present Law* 16) !ri+e ec$'('te means a comple# structural and functional unity of non"living and living nature, that is, biotopes and biocenosis* 27) ec$'('te !55r$!c, means the comprehensive integrated management of human activities based on the best available scientific ,nowledge about the ecosystem and its dynamics, in order to identify and ta,e 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* 21) 2ir't '!le 2i', means fish being mar,eted for the first time at a designated landing place* 22) 2i', !+% $t,er !ri+e $r*!+i' means a marine animal or a plant and includes any mussels or other molluscs, crustacean, coral, sponge, sea"urchin or their echinoderm, turtle and marine mammal, their eggs, spawn, spat and juvenile stages* 23) 2i',i+* !**re*!ti+* %e&ice )FAD) means any equipment floating on the sea surface and aggregating underneath either juveniles or adult specimens of highly migratory species* 24) 2i',i+* c!5!cit( means a vessel5s tonnage in 6T (gross tons! or its power in ,7 or in relation to certain types of fishing activity the number and si$e of fishing tools or equipment, or only the si$e of fishing vessels5 tools and equipment* 2-) 2i',i+* e22$rt $r t,e 2i',i+* &e''el' e22$rt 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 effort of all vessels in the group* 2/) 2i',i+* &e''el is a boat, ship or other craft which is equipped for fishing, including fishing gear, equipment or stores for fish* 21) 2i',er !+ means a natural person who engages in professional fishing on registered fishing vessel or is included in the activity of fishing* 24) 2i',i+* means activities related to preparation, searching for, catching, processing and dispatching of fish that is caught* 26) 2i',i+* t$$l' means an instrument used for fishing* 37) 2i',i+* *e!r means an instrument that enables the use of fishing tools* 31) 2i',erie' 'ect$r means the sector of the economy, including all activities of catching, processing and mar,eting of fisheries and aquaculture products* 32) 2i',i+* means a group of activities related to management of living marine resources, including activities related to (a! fish species and description* (b! fishing area* (c! fishing method* (d! type of fishing vessel* 33) 2$rei*+ 2i',i+* &e''el means a fishing vessel which is non Montenegrin"flagged* 34) 2i',er( re'er&e is a part of the fishery sea favourable to natural reproduction of fish and sustenance of juveniles as well as for other marine organisms* 3-) i+tr$%"cti$+ means the process by which a non"indigenous species is moved into any area which is outside their natural habitats* 3/) '5$rt0recre!ti$+!l 2i',i+* means fishing for sport or recreation* 31) l$*#$$8 $2 c!tc, is a way of recording daily activities of a fishing vessel* 34) l$+*li+e means a fishing gear which comprises a main line carrying numerous hoo,s on branch lines (snoods! of variable length and spacing depending on the target species* it may be deployed either vertically or hori$ontally to the sea surface (surface longline! or near the bottom (bottom"set longline!* 36) !+!%r$ $"' '5ecie' means fish which move to fresh waters for the purpose of hatchering* 47) c!t!%$r e '5ecie' means species of fish which move from the sea into rivers for spawning*
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!ri+e #i$0t$9i+' means poisonous substances accumulated by bivalve molluscs as a result of feeding on plan,ton containing to#ins* 42) !ri+e e+&ir$+ e+t 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 waters of the seas and the airspace above those waters, as well as the seabed and subsoil thereof* 43) !ri+e 5r$tecte% !re! is any area littoral system, together with its overlying water and associated flora, fauna, historical and cultural features, which has been reserved by law* 44) +!"tic!l ile means international nautical miles of 3)9+ metres* 4-) +$+0i+%i*e+$"' '5ecie' means species whose historically ,nown natural range occurs outside the area of the fishing sea in question* 4/) i+%i*e+$"' '5ecie' of fish means fish which has always been in the fishing sea* 41) 5rec!"ti$+!r( !55r$!c, t$ 2i',erie' !+!*e e+t means the principle that the absence of adequate scientific information should not be used as a reason for postponing or failing to ta,e management measures to conserve target species, associated or dependent species and non"target species and their environment* 44) 5"r'e 'ei+e' means a surrounding net used for catching blue 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* 46) 'e! *r!'' #e% means an area where the seabed is characterised by the dominant presence of phanerogams, or where such vegetation has e#isted and is in need of restoration action* -7) 0ea grass is a collective terms for the species Posidonia oceanica, Cymodocea nodosa, Zoostera marina and Zoostera noltii* -1) ',$re 'ei+e' means commercial (surrounding! and towed seines set from a boat and operated from the shore* -2) li&i+* !:"!tic re'$"rce' means available and living marine aquatic species of fish and other marine organisms, including anadromous and catadromous species during their marine life* -3) '"'t!i+!#le e95l$it!ti$+ means the e#ploitation of a stoc, in such a way that the future e#ploitation of the stoc, will not be prejudiced and that it does not have a negative impact on the marine eco"systems* -4) tr!5' means fishing gear which is fi#ed to or deployed on the bottom and which acts as a trap to catch fish, and they are constructed in the form of a bas,et, pot, barrel or cage, and in the majority of cases they comprise a rigid or semi"rigid frame made of various material (wood, wic,er, metal rods, wire netting, etc.! that may or may not be covered with netting* --) t,ir% c$"+tr( 2i',i+* &e''el means a fishing vessel flying the flag of, and registered in, a state other than Montenegro and is not a treaty fishing vessel within the meaning of this Law and includes a receiving vessel within the meaning of the 'ouncil /egulation +)8:;(%; -/) tre!t( 2i',i+* &e''el means a fishing vessel belonging to a country or groups of countries which is a party to a treaty or convention or other form of international agreement and the fishing vessel which have been declared by the <ecision of an administrative authority to be treaty fishing vessels* -1) 2i',er !+<' 5$'t means a space on the cost where nets are towed and hauled* -4) c$llecti+* means the process of collecting marine organisms without using fishing gear
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The 2ational =rogramme contains mid"term and short"term goals of the fisheries development, types of measures and programme, e#pected results, and provisional amounts and sources of funds that are necessary for implementing fishery policy measures. The 2ational =rogramme shall be adopted by the 6overnment for the period of 9 years. The 2ational =rogramme shall be published in the -Bfficial Cournal of Montenegro..
)! the means needed for achieving of the planned objectives as defined by the 0trategy* (! the economic impact of planned measures on the fishery* 3A! the criteria for assessing the efficiency of the =lan* 33! the date of review of achieved results in implementing the Management =lan by the authorities, which must be implemented notwithstanding the duty of continuous monitoring of implementation of the Management =lan. The Management =lan may also define guidelines for 3! the issue of permits which may, but do not have to, cover only boats, gear, fishermen or the method of control of catching of fish and other marine organisms* +! the issue of specific permits for e#perimental fishing* %! the issue of special permits for specific types of vessels and for the vessels smaller than 3A metres* 8! minimi$ing discard* 9! the way of monitoring of fishing vessels whose length is below 39 metres* >! the issue of permits for sport fishing or diving* :! temporary diverting from the Management =lan, including technical measures or other limits for fishing area related to gear or vessels* )! the restrictions, as needed, for implementing fishing activities. ?n the preparation or review of the Management =lan, there shall be a duty on the competent authority responsible for its preparation or review to consult with the competent authorities and local authorities, fishermen or representatives of fishermen5s associations and other legal and natural entities who are interested in managing the fishery.
@oundaries and mar,ing of protected fishing areas referred to in paragraph + of this &rticle, as well as measures of protection and development shall be defined by the Ministry based on the opinion obtained from the ?nstitute. ?f it is established during the declaration of protected fishing areas in the fishing sea that the respective area may affect fishing activities of another country or member countries of an international agreement, the protected fishing area may be declared after obtaining approval from a competent authority responsible for implementation of an agreement of another country or countries engaged in regional fisheries advisory body, in accordance with the procedure set out by an international agreement.
Article 14
?n protected fishing areas, it is prohibited to 3! engage in fishing or attempt to fish* +! ta,e or destroy fauna or flora* %! place or e#ploit sand or gravel, leave or dispose waste or any other polluting material, or disturb in any way, change or destroy environment* 8! build or establish structures on the ground or across water* 9! implement other activities which may have an adverse impact on ecosystems of the protected fishing area. 7ith the e#ception from paragraph 3 of this &rticle, fishing in certain periods and with specific fishing means may be permitted based on the approval obtained from the competent authority 3! for the purpose of reproduction, cultivation and stoc,ing of new fishing areas* +! due to arrival of larger quantities of certain species of fish and other marine organisms. The prohibited activities referred to in paragraph 3 of this &rticle may be implemented based on the approval obtained from the competent authority if such activities are needed for management in protected fishing areas. The time, fishing means and specific technical rules for fishing in protected fishing areas shall be defined by the Ministry.
(. =rotected species of fish and other marine organisms Article 1The species of marine fish and other marine organisms, including anadromous and catadromous species, shall be declared to be protected species by the 6overnment on the proposal of the Ministry and based on the approval obtained from the Ministry responsible for environment protection. The list of protected species of fish and other marine organisms shall be published in the -Bfficial Cournal of Montenegro.. ?t is prohibited to catch, ta,e, receive, buy or sell, store, transport and retain on board any of the protected species of fish and other marine organisms.
3A. =rotection of juveniles and other marine organisms and minimum si$e limits Article 1/
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The minimum si$e limits of fish and other marine organisms, including anadromous and catadromous species, below which it is prohibited to catch and trade fish, shall be set by the Ministry. 7ith the e#ception from paragraph 3 of this &rticle, the competent authority may, on the proposal of the ?nstitute, for the purpose of cultivation, stoc,ing and research activities, permit the catch of juveniles, reproductively immature species of fish and other marine organisms in specific localities, in specific time and with use of specific fishing tools. ?t is an offence to catch, ta,e, receive, buy or sell, store, transfer or tranship or retain on board a fish or other marine organism which is smaller than the minimum si$e.
?t is prohibited to trade in fish and other marine organisms during closed seasons and from prohibited areas. 7ith the e#ception from paragraph 3 of this &rticle, the competent authority may, on the proposal of the ?nstitute, permit the catch of 3! juveniles, +! reproductively immature species of fish and other marine animals in specific localities, %! at specific times and with use of specific fishing gear for the purpose of cultivation, stoc,ing and research activities.
Article 14
For the purpose of protection from overfishing of all classes of mature fishes and other marine organisms, the Ministry may 3! declare closed season for specific species of fish and other marine organisms, or prohibit the use of specific fishing tools for economic and sport"recreational fishing* +! define the main constructive and technical characteristics, method of use, the time and purpose of specific types of tools and gear for economic and sport"recreational fishing* %! specify the si$e of fish and other marine organisms to which they may be caught and traded in.
Article 16
Fishing in the area of port, entrance and access way and anchorage is prohibited.
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7ith the e#ception from the paragraph 3 of this &rticle, fishing in the area of port, entrance and access ways and anchorages is allowed only if user of the port, with approval of the =ort Master5s Bffice and opinion of the ?nstitute, 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 mar,ed swimming beaches in the period May 3 E Bctober 3, from sunrise to sunset.
Article 27
For the purpose of rational use and the protection of economically important species of fish and other marine organisms, based on opinion obtained from the ?nstitute, the Ministry shall specify 3! the number and si$e of vessels, horsepower of engines of vessels, type and quantity of fishing tools and gear for which fishing is allowed in specific fishing areas* +! restriction, i.e. prohibition of fishing in a specific fishing area* %! the permitted catch or collecting per one licence* 8! the number of licences for specific types of fishing. Licences for using a location for delivering training to divers and sport"recreational activities on the sea shall be issued by the competent authority.
Article 21
?t is prohibited to catch fish and other marine organisms with e#plosive, chemical substances or other means which ,ill, into#icate or poison them, as well as collecting and trading in fish and other marine organisms caught in that way. ?t is prohibited to ,eep on board or on the shore e#plosives or chemical substances that ,ill, poison or into#icate fish and other marine organisms.
Article 22
?n carrying out commercial or sport"recreational fishing, it is prohibited to use divers5 apparatus with underwater gun and artificial lights, as well as ,eeping these means on board or carry them by the shore or ,eeping them on the shore. <ivers5 apparatus referred to in paragraph 3 of this &rticle implies all types of divers5 apparatus or similar devices that enable the diver to breathe under the water.
Article 23
'ompanies, entrepreneurs and natural persons that inflict damage by actions contrary to provisions of this Law are obliged to compensate the damage done. 'ompensation 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 + of this &rticle are revenues of the budget of Montenegro.
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Article 24
?n the area of the @ay of @o,a Fotors,a fishing with the following means is prohibited 3! bottom trawls* +! floating trawls, and %! encircling large"scale fishing nets. 7ith e#ception from the paragraph 3 of this &rticle, institutions engaged in scientific and research activities in the field of marine fishery can be allowed to fish with means stated in paragraph 3 of this &rticle, provided that such fishing is necessary for reali$ation of the research programmes of the institution concerned. The researching programmes referred to in paragraph + of this &rticle shall be approved by the Ministry. The permit referred to in paragraph + of this &rticle shall be issued by the competent authority.
Article 2For the purpose of protecting general marine biodiversity, fishing with bottom trawls and floating trawls in shallower $ones of the littoral is prohibited at the distance of three nautical miles that follows the configuration of the shore, or at the depth of 9A metres in case the isobath of 9A metres where that depth is reached at a distance shorter than three nautical miles. 7ith the e#ception from paragraph 3 of this &rticle, a ship 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 =ort Master5s Bffice.
Article 2/
?n order to protect roc,y shores as a special habitat in the fishery sea, catching, trading on the whole territory of Montenegro or e#porting of date"shell (Litophaga litophaga! is prohibited.
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+. <evelopment of aquaculture, selling of fish and fisheries and aquaculture products Article 31
The measures for the development of aquaculture, processing, selling of fish and fisheries and aquaculture products shall relate to " " " " improving production of fish* improving production of shellfish* promoting aquaculture for the purpose of environment protection* improving processing, selling of fish and fisheries and aquaculture products.
Article 3The requirements, ways and dynamics for implementing the measures of the Fishery =olicy, which are defined by the 0trategy and the 2ational =rogramme, until the beginning of the fiscal year, shall be defined by the 6overnment5s /egulation (hereinafter referred to as &gricultural @udget!, in accordance with the Law.
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>./eport on the implementation of the 2ational =rogramme and the &gricultural @udget Article 3/
&nnual report on the disbursement of agricultural budget shall be prepared by the Ministry and submitted to the 6overnment for approval not later than March %3 st of the current year for the ne#t year. The report referred to in paragraph 3 of this &rticle shall also contain assessment of effects of the Fishery =olicy for the year it refers to.
IV COMPETENCIES
3. 'ompetent &uthority Article 31
The administrative and the related professional activities in marine fishery shall be implemented by the 'ompetent &uthority in accordance with the Law.
Article 34
For the purpose of enforcing the principles stipulated in &rticle 9 of this Law, the ?nstitute shall perform the following tas,s 3! research and assessment of fish stoc,* +! monitoring the condition and assessment for the purpose of sustainable e#ploitation of fish and other marine organisms* %! monitoring the population dynamics of fish* 8! preparing of professional basis for the 0trategy, Management =lan and mariculture development* 9! monitoring of the quality of water and biomonitoring* >! stipulating technical and technological terms for all types of fishing* :! providing professional assistance in conducting fishery and mariculture tas,s and reporting on implemented activities on the request of authorities.
+. Financing Article 36
The funds from the budget of Montenegro are provided for preparing 3! the 0trategy* +! the Management =lan* %! the =rogramme for monitoring the quality of sea water and parts of the sea used for catching and aquaculture* 8! the 2ational programme for monitoring, control and supervision of fishing vessels, financing or co"financing of the measures of Fishery =olicy and measures related to organi$ing common mar,et of fish and fisheries and organi$ing producers.
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V MARINE FISHING
Article 47
Marine fishing (hereinafter the fishing! means catch, collecting fish and other marine organisms. The fishing can be commercial, sport"recreational and for scientific and researching purposes.
Article 41
'ompanies, entrepreneurs and private entities engaged in fishing are obliged to adhere to fishing rules and must not impede each other. Terms, restrictions and sequence in fishing in some fishing areas or $ones is laid down by the Ministry.
Article 42
=ermits for fishing in parts of the fishing sea, which are designated as areas of defence, may be issued based on the approval obtained from the Ministry of <efence. Fishing in territorial water within boundaries of the /epublic of Montenegro is not permitted to fishing vessels sailing under the flag of a foreign country.
Article 43
?n mar,ed sites in the fishing sea where telephone, telegraph or electric power cords, pipes or other devices, as well as archeological findings and items are situated, fishing with fishing instruments or tools that could damage them is prohibited.
Article 4'ompanies and entrepreneurs may engage in commercial fishing if they are registered in the 'entral /egister of the 'ommercial 'ourt (hereinafter referred to as the '/''! for carrying out this activity, registered with the /egister of =rofessional Fishermen (hereinafter the /egister of Fishermen! and have a licence issued by the authorities for engaging in commercial fishing.
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7ith the e#ception from paragraph 3 of this &rticle, some employed and retired persons may engage in small"scale commercial fishing. Terms, fishing tools and equipment, the fishing period and a way of issuing permits for the fishing referred to in paragraph + of this &rticle shall be laid down by the Ministry.
Article 4/
Fishing capacity is defined according to the horsepower of the engine, gross capacity and type of vessel, si$e and number of nets and angles, number and intensity of lamps, equipment, etc. 0ignificance of the commercial fishing is defined according to the species and commercial value of the fish and other marine organisms.
Article 41
The amount of fee paid for carrying out commercial fishing is defined based on the fishing capacity and significance of commercial fishing. ?ndividual fees, based on the criteria referred to in paragraph 3 of this &rticle, shall be defined by the 6overnment.
Article 44
@ased on the criteria referred to in &rticle 8> of this Law, commercial fishing is divided into large"scale and small"scale commercial fishing.
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=urpose, 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 -1
'ompanies and entrepreneurs can carry out commercial fishing in fishing areas with the fishing vessels, tools and gear which is stated in the permit for commercial fishing. The permit for commercial fishing must always be ,ept on board of the fishing vessel.
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Article --
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?n case of a change of the company, the owner or the lessee of vessel shall be issued a new permit for commercial fishing in accordance with the defined terms. The permit referred to in &rticle 9%, paragraph 3 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 + of this &rticle shall be determined by the 6overnment, following the proposal of the Ministry. The permit referred to in paragraph + of this &rticle shall be issued for the period of 9 years. 7hile issuing permits referred to in paragraph 8 of this &rticle, the priority shall be given, under equal conditions, to e#isting holders of such permits. The form of the permit and the method for paying the fee referred to in paragraph + of this &rticle shall be set by the Ministry.
>. 0uspension, alternation and transfer of permits for commercial fishing Article -/
The permit for commercial fishing shall cease in case of 3! +! %! 8! the death of the private entity* the cease of the company* the cease of commercial fishing* the cease of requirements for registration with the /egister of Fishermen in accordance with the present Law* 9! the commercial fishing is not commenced within the period defined by the permit* >! the terms of the permit are not fulfilled or wea,nesses are not removed within the defined period* :! the e#piry of the registration or the purpose of the fishing vessel* )! the removal of the fishing vessel from the /egister of boats* (! the failure to meet the requirements for acquiring the permit* 3A! the occurrence of reasons for ta,ing emergency measures for protection of a marine resource in accordance with the Management =lan* 33! the failure to ,eep daily records of fishing activities into the logboo, of the catch* 3+! the failure to submit a declaration on the landing of the total catch to the &uthority, or a fishery inspector within 8) hours, that is landed in the mar,ed landing port* 3%! the application of the permit holder* 38! the failure to engage in commercial fishing in accordance with the Law. The permit may be altered 3! on the request of the ?nstitute for the purpose of protecting a marine resource, +! in emergency cases in accordance with the =lan. The permit for commercial fishing may be transferred from the permit holder to other holders in case of losing, selling or giving of the fishing vessel, tools and gear which are listed in the permit for commercial fishing. <etailed requirements for transferring the permit referred to in paragraph % of this &rticle shall be stipulated by the Ministry. The suspension and alteration of the permit in accordance with paragraphs 3, + and % of this &rticle shall be based on the decision of the &uthority
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Article /7
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The permit for sport E recreational fishing may be permanent and temporary. The permanent permit for sport E recreational fishing shall be issued for the current calendar year, and the temporary permit shall be issued for the period not e#ceeding %A days. The temporary permit for sport E recreational fishing may be issued to a person who is not a citi$en of Montenegro.
Article /1
& fee is paid for sport E recreational fishing. The amount of the fee referred to in paragraph 3 of this &rticle, depending on the validity period of the permit, shall be defined by the Ministry. )AI of the funds generated from fees referred to in paragraph 3 of this &rticle shall be the income of the sport"recreational club, that is, the competent authority who issues the permit, and +AI shall be the income of the &ssociation. The sport"recreational club referred to in paragraph % and the competent authority referred to in paragraph 8 of &rticle 9( of the present Law shall be obliged to organi$e guarding service in the appropriate part of the fishing sea where sport"recreational fishing is conducted.
Article /2
0port E recreational fishing may be carried out by allowed 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 defined by the Ministry. & holder of the permit for sport"recreational fishing must not trade in the caught fish.
Article /3
0port"recreational fishing must not hinder commercial fishing. Feeping fishing gear and tools on vessels without the permit for sport"recreational fishing is prohibited. 'arrying underwater gun by the coast and on the vessel without the permit for fishing with underwater gun is prohibited. 0port E recreational fishing with underwater guns between sunset and sunrise is prohibited. 0port E recreational fishing with underwater guns is prohibited to persons under the age of 3>.
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Article /4
Membership cards of sport fishing and diving clubs do not have the power of permits for sport E recreational fishing.
Article /&pproval for holding /epublic and international competitons in sport fishing is issued by the Ministry. The quantity of fish caught for national competitions in sport fishing is not limited.
Article //
The method, the type and the number of fishing tools and gear which is permited to be used in sport"recreational fishing, the form and the content of the permit for sport"recreational fishing shall be stipulated by the Ministry.
VI MARICULTURE
3. Mariculture <evelopment =lan Article /1
The 6overnment approves Mariculture <evelopment =lan on the proposal of the Ministry based on the analysis of sustainable development of mariculture ta,ing into account, especially, biological, typographic, hydro"morphological and physical"chemical characteristics of $ones for mariculture, which are defined by the 0patial =lan and which are of special purpose for marine resources.
Article /4
The &uthority, on the proposal of the ?nstitute, defines locations for mariculture activities (hereinafter referred to as cultivation ground! based on the type of fish and other marine organisms that are cultivated, designed economic viability, cultivation technology, etc. Mar,ing of boundaries of cultivation grounds for mariculture is conducted by the holder of the permit for mariculture, by signs in line with regulations on the sailing safety. Terms, way and limitations of fishing and other activities in 3! mariculture $ones* +! waters flowing into mariculture $ones* and %! on the land or in waters which border mariculture $ones, are laid down by the Ministry. The Ministry may propose suspension or changes to boundaries of mariculture $ones to the competent authority that is responsible for physical planning and arrangement.
3! registered in the '/'' for engaging in mariculture* +! the =roject for technical and technological requirements of mariculture is approved, together with the Dlaborate on economic viability of the investment, and %! hold a permit for engaging in mariculture. The competent authority shall manage the /egister of cultivation sites and the /egister of processors of fish and other marine organisms. The form, the content and the method for managing the /egisters referred to in paragraph + of this &rticle shall be defined by the Ministry.
Article 11
The competent authority issues the permit for mariculture for the purpose of scientific and research activities.
+! the name of the site with spatial coordinates and the si$e of the cultivation ground* %! the start of mariculture activities following the date of the permit issuance* 8! species and quantity of fish and other marine organisms to be cultivated on the approved cultivation ground and the permit validity* 9! amount of the fee. The permit referred to paragraph 3 of this &rticle must at all times be ,ept on the registered cultivation ground. The permit referred to in paragraph 3 of this &rticle may be issued after payment of the fee for mariculture. The amount of the fee referred to in paragraph % of this &rticle shall be defined by the 6overnment on the proposal of the Ministry. The funds generated by fees paid under paragraph 8 of this &rticle are the income of the budget of Montenegro. The permit referred to in paragraph 3 of this &rticle shall be registered in the /egister of =ermits managed by the competent authority. The form of the permit, fee permit method, and the form, content and the way of ,eeping the /egister of =ermits shall be defined by the Ministry.
Article 13
4older of the mariculture permit may cultivate the species and the quantity of fish or other marine organisms which are stated in the permit. The permit referred to in paragraph 3 of this &rticle may be issued for ma#imum five years, with an option of e#tension, subject to results achieved in the designed cultivation.
>. 'hanges to the structure, gear and way of maintenance Article 14older of the mariculture permit cannot change terms related to the structure, gear and a way of maintenance of cultivation grounds without prior consent of the &uthority. The &uthority may, without a request from the permit holder, change or amend the terms referred to in paragraph 3 of this &rticle if proven to be in the interest of good manufacturing practices in mariculture or environment protection.
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Article 16
7hen a mariculture licence is not renewed under &rticle :> of the present Law, or when a mariculture licence is cancelled under &rticle :) paragraph 3 of the present Law, the holder of the last valid mariculture licence shall remove from the site all mariculture gear and shall restore that site to its natural state.
33. ?ntroduction and transfer of fish and other marine orgnisms Article 41
?t is prohibited, without a permission of the competent authority, to introduce into the fishing waters of Montenegro alochtonous species of fish and other marine organisms or genetically
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modified fish and other marine organisms, and their transfer from one mariculture site to another, or from one place in Montenegro to another. The permission referred to in paragraph 3 of this &rticle shall be issued by the &uthority with prior approval on the environment assessment from the 6overnment authority competent for environment protection.
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39. /eporting on fish"escaping Article 4=ermit holder has a duty 3! to ensure the containment of fish within the confines of a fish"farm, +! to prevent the escape of live fish from a mariculture site. =ermit holder, where an escape has ta,en place, shall 3! immediately inform the &uthority, or fisheries inspector, and +! ta,e immediate steps to recover the escaped fish. 7here fishing"escape is caused by negligence of the permit holder, he shall be liable for recovery of costs for any environmental damage caused by the escape of such fish.
For the purpose if implementing goals referred to in paragraph 3 of this &rticle, a measure of suspension of wor,s may also be enforced, as well as other measures and activities in accordance with the Law.
Transporters of products from mariculture shall ,eep records on 3! the mortality in transport related to the type of transport vehicle and transported types of mariculture products, and cultivation grounds and processing plants* and +! change of water during transport, especially on the sources of new water and places of the discharge of water. The records referred to in paragraphs 3 and + of this &rticle shall be ,ept for 9 years. The form, content and a way of ,eeping records referred to in paragraphs 3 and + of this &rticle shall be set by the Ministry.
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Article 61
The terms and criteria which must be met by =roducers Brganisations referred to in &rticle (A of the present Law in order to use incentives and other forms of support in organi$ing, training for implementation of measures of the Fishery =olicy and defining priorities in implementing such measures shall be stipulated by &gricultural @udget in accordance with the Law.
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The 'ouncil shall have 3A members. Members of the 'ouncil shall be nominated amongst science and e#perts wor,ers in the fields of biology, animal health, and the members of the 'ouncil by duty shall be 3! +! %! 8! 9! <irector of the competent authority* <irector of the 7ater Management &dministration* <irector of the ?nstitute* =residents of &ssociations of professional fishermen and mariculture e#perts* <irect of producers5 organisations in fisheries and mariculture.
The members of the 'ouncil shall be appointed for the period of four years. The =resident is a member of the 'ouncil with the voting right and is elected by the members of the 'ouncil by voting. The <irector of the &dministration shall act as the 0ecretary of the 'ouncil but shall not vote. The members of the 'ouncil are nominated by the 6overnment of Montenegro on the proposal of the Ministry. The method of wor, and organisation of the 'ouncil shall be defined by the 'ode of 'onduct of the 'ouncil. The 'ouncil shall submit to the 6overnment a =rogress /eport at least once a year. The competent authority shall conduct administrative and technical affairs for the needs of the 'ouncil. The wor, of the members of the 'ouncil shall be compensated for from the funds provided from the budget of Montenegro at the level of the Ministry.
VIII FOREIGN FISHING VESSELS AND INTERNATIONAL RELATIONS 3. ?mplementation of international agreements Article 64
For the purpose of international agreements in fisheries to which Montenegro is a party, the Ministry may give effects to the provisions or measures for enforcement of such agreements.
+. Foreign fishing vessels permit Article 62o foreign fishing vessel may fish within the fishery waters of Montenegro unless it has a valid fishing permit issued by the competent authority.
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& foreign fishing vessels which is a treaty fishing vessel that fishes in accordance with an international agreement that is binding for Montenegro may fish within the fishery waters of Montenegro in accordance with its permit issued under the agreement providing that 3! it carries at all times on board a valid fishing permit issued by the &uthority under the terms of that agreement* +! it is mar,ed in accordance with the terms of such agreement, or %! if such agreement does not stipulate obligation to mar, vessels, the vessel shall be mar,ed in accordance with the present Law. ?f there is no verified international agreement on the fishing referred to in paragraph + of this &rticle, international fishing vessels may engage in fishing in the fishing sea only for scientific and researching activities in accordance with approved scientific and researching project of national interest based on the permit issued by the competent authority. ?f a fishing vessel is used in contravention of provisions of this &rticle, the captain, owner or charterer of that fishing vessel shall each be guilty of an offence.
Article 6/
& foreign fishing vessel fishing within the fishing waters of Montenegro in compliance with the permit issued under &rticle (9 paragraphs + and % of the present Law which does not display 3! a recogni$able national ensign or flag* +! a recogni$ed radio call"sign or registration number* or %! the name of a registered port at its stem, shall be presumed to be a foreign fishing vessel not holding a permit.
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The control and verification measures referred to in paragraph 3 of this &rticle include the requirement on the part of the vessel owner and captain that 3! a logboo, shall be ,ept on board each such fishing vessel in which the masters shall record their catches of fish and other marine organisms* +! a landing declaration shall be submitted to the authorities of states of landings during landings carried out in treaty ports* %! information should be provided to authorities or 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 3 of this &rticle shall be implemented without prejudice to the measures that are implemented under international fisheries agreements and conventions.
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9. /ecording and reporting on fishing activities and catch landings Article 173
Dvery person holding permit for commercial fishing with a fishing vessel of an overall length equal to, or more than, 3A metres shall 3! +! %! 8! ,eep on the fishing vessel a fishing logboo, and the permit* maintain a daily record on the fishing activities of that vessel in fishing logboo,* report as stipulated by &rticle 3A8 of the present Law* and submit, within a period of 8) hours, a landing declaration in respect of the total catch landed at any designated landing place to authorities or fisheries inspector*
Dvery holder of a permit for commercial fishing by fishing vessels of an overall length equal to, or more than, 3A m shall report to authorities or fisheries inspector on the total catch and landing of catch. Forms and content of logboo, of catch and landing declarations referred to in paragraph 3 line 8!, reports on catches and the deadlines for reporting referred to in paragraph + of this &rticle shall be defined by the Ministry.
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The way and the procedure of reporting, devices for information transfer and the reporting time shall be prescribed by the Ministry.
:. Hessel monitoring systems Article 17The competent authority shall establish a satellite fishing vessel monitoring system. The type of the system and the class of fishing vessels for which the system referred to in paragraph 3 of this &rticle is established shall be stipulated by the Ministry. &uthorities shall be responsible for managing and operating the system referred to in paragraph 3 of this &rticle. Dvery fishing vessel licensed for commercial activities which is greater than 39 metres shall have installed on board a functioning automatic location communicator system (&L'! which allows detection and identification of that vessel by the remote monitoring system or the system referred to in paragraph 3 of this &rticle. The operator of a foreign fishing vessel licensed under this Law or any international agreement to which Montenegro is a party shall install, maintain and operate an automatic location communicator system in accordance with such conditions as may be prescribed for automatic location communicator (&L'!, continuously while in the fishing waters of Montenegro. Bperational requirements for functioning of the system and responsibilities for fishing vessels which have installed &L' system, and the scale of charges related to inspection, control and the release of information obtained from such system, which are declared to be non" confidential, shall be stipulated by the Ministry. ?f is prohibited to destroy, damage, render inoperative or otherwise interfere with satellite" trac,ing device.
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3A. /egistration of buyers and sellers of fish and other marine organisms of the first sale Article 174
The selling of fish and other marine organisms at the place of first sale can be performed by companies and entrepreneurs which are registered for wholesale trading in fish and other marine organisms at the place of first sale (hereinafter referred to as the /egister of 7holesellers of Fish!. The entry in the /egister of 7holesellers of Fish shall be based on applications. The /egister of 7holesellers shall be managed by the competent authority. The way of entering and managing of the /egister of 7holesellers of Fish, the form and the content of the applications referred to in paragraph + of this &rticle, and the List of Traders in fish and other marine organisms shall be defined by the Ministry. The List of Traders referred to in paragraph 8 of this &rticle shall be published semi"annually in minimum printed media which is distributed in the whole territory of Montenegro.
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3! give +8 hours notice in advance to authorities or fisheries inspector of the time and place of transhipment* +! provide information about the time when the transhipment was completed* %! ,eep records of the transhipment. The form of notification and records and the manner of ,eeping records referred to in paragraph 3 lines 3 and % of this &rticle shall be defined by the Ministry.
3%. Landing or transhipment of fish and fishery products from foreign fishing vessels Article 111
Foreign fishing vessel in landing and transhipment of fish and fishery products shall have the same meaning as a third"country fishing vessel. Landing and transhipment from a foreign fishing vessel shall be performed only in ports, harbours or such other places which meet technical requirements for inspection of foreign fishing vessels (hereinafter referred to as places for landing and transhipment!. Technical requirements and the places for landing and transhipment referred to in paragraph + of this &rticle shall be determined by the Ministry. The captain of the fishing vessel which is registered in a third country and intends to land or tranship fish and fishery products shall 3! notify authorities or fishery inspector of the intention to ma,e such landing and transhipment at least :+ hours before the scheduled arrival of the vessel* +! not land or tranship such fish and fishery products unless he has received confirmation from the authorities, which is issued in compliance with the terms of landing and transhipment of fish and fishery products contained in the permit, treaty, agreement or other such document which licences the fishing vessel to land or tranship fish and fishery products.
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implementation of the 0trategy and the &nnual =rogramme for monitoring, control and surveillance of the fishing sea of Montenegro. 9! shall go onboard of the fishing vessel and inspect that facility, fishing gear, load, storage, fish, documents and other objects, and to stop the fishing vessel* >! enter rooms ne#t to the boar house, or the vehicle in which the fish or fishing gear is ,ept or transported and inspect rooms or vehicles and to stop the vehicle used for the transport of fish* :! stop the vehicle for inspecting whether it carries fish and other marine organisms* )! inspect fishing gear or objects reasonably suspected to be used or intended for collecting, treating or processing fish* (! interrogate the person, who in his;her opinion may provide information that he;she needs for inspection surveillance* 3A! request from a person employed at the fishing vessel to assist in inspecting containers, fishing gear, fish or documents on or in such a vessel* 33! request from the captain to ensure appropriate boarding to the ship* 3+! stop and inspect the vehicle reasonably suspected of carrying fish that is caught illegally or by using prohibited fishing gear* 3%! inspect fishing vessel regardless whether it was engaged in fishing or other activity related to fishing at the time.
8A
3%! prohibit underwater activities on locations for which permits are not obtained from administrative authorities competent for fishery affairs (hereinafter referred to as the authorities!* 38! prohibit fishing, collecting and trading of protected species of fish and other marine organisms* 39! placing artificial underwater reefs where new biological habitats can be formed.
Article 11&uthori$ations of fishery inspectors for conducting inspection, which are stipulated by this Law and the Law on ?nspection 0urveillance relate to 3! fishing vessels flying Montenegrin flag within and beyond the fishing waters of Montenegro* +! foreign fishing vessels flying a foreign flag in the fishing waters of Montenegro and under authori$ations stipulated by international agreement outside the fishing waters of Montenegro.
Article 111
& fine ranging from one hundred to three hundred minimal wages in Montenegro shall be imposed on a company of entrepreneur in case of
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3! catching juveniles, reproductively immature species of fish and other marine organisms for cultivation, stoc,ing and researches, on specific localities, at a certain time and by using certain fishing tools without a permit issued by authorities (&rticle 3> paragraph +!* +! trading in fish and other marine organisms during closed season (&rticle 3: paragraph %!* %! catching juveniles, reproductively immature species of fish or other marine animals in certain locations, at certain time and by using certain fishing tools for the purpose of cultivation, stoc,ing and researches, without a permit (&rticle 3: paragraph 8!* 8! fishing in harbours, entrances and access to ports and harbours, without a permit of the port5s user, as well as fishing in areas of organi$ed and mar,ed beaches in the period between May 3 to Bctober 3, from sunrise to sunset (&rticle 3( paragraphs 3, + and 8!* 9! commercial or sport"recreational fishing using divers5 apparatus with underwater gun and artificial lights, or when ,eeping these means aboard or carrying them by or on the shore (&rticle ++ paragraph 3!* >! carrying out fishing in the region of the @o,a Fotors,a @ay using bottom trawls, floating trawls and encircling large"scale fishing nets or the fishing with such gear carried out without a permit by an institution engaged in scientific and research wor, (&rticle +8 paragraphs 3 and +!* :! fishing with bottom trawls and floating trawls in shallower $ones within three nautical miles, which goes along with the configuration of the shore, or at the depth of 9A m if isobath of 9A m is located at the distance shorter than three nautical miles (&rticle +9 paragraph 3!* )! catching of date"shell (Litophaga litophaga!, trading on the territory of Montenegro and e#porting (&rticle +>!* (! carrying out commercial fishing in contradiction to terms and fishing tools and gear stipulated by the present Law (&rticle 88 paragraph +!* 3A! carrying out commercial fishing in fishing areas by vessels, tools and gear not defined in the permit for commercial fishing (&rticle 93 paragraph 3!* 33! the holder of the permit for commercial fishing in the fishing sea, outside 3+ nautical miles of the territorial sea, uses trawls with a bal,, a set of nets of any type, line nets and buoys for mar,ing and other gear if not mar,et of the defined places (&rticle 9) paragraph 3!* 3+! carrying out mariculture activities without a permit (&rticle:A paragraph 3!* 3%! the holder of mariculture permit cultivates species and quantity of fish and other marine organisms that are not written in the permit (&rticle :% paragraph 3!* 38! the holder of mariculture permit alters the terms related to the structure, gear and maintenance of the cultivation ground without an approval from the competent authorities (&rticle :9 paragraph 3!* 39! the holder of the last valid mariculture permit does not remove all the equipment and restores the natural appearance of the cultivation ground (&rticle :(!* 3>! the holder of the permit removes or transports from the place, for the purpose of selling, e#hibits or offer for sale fish and other marine organisms from the cultivation site or fisheries in contradiction to the present Law (&rticle )+!* 3:! a foreign fishing vessel carries out fishing in the fishing sea of Montenegro without a permit, that is, uses foreign fishing vessels in contradiction to provisions of this &rticle (&rticle (9 paragraphs 3, + and 8!* 3)! carrying out fishing in contradiction to provisions of &rticle (> of the present Law* 3(! measures of control and records are not implemented in compliance to &rticle () of the present Law* +A! landing of fish and other marine organisms in the place of first landing is carried out without a permit for large"scale commercial fishing (&rticle 3A> paragraphs 3 and %!* +3! trading in fish and other marine organisms outside the place of first sale (&rticle 3A: paragraph 3!* ++! trading in fish and other marine organisms at the place of first sale without registration for such activities and without registration in the /egister of 7holesale Traders in fish and other marine organisms at the place of first sale (&rticle 3A) paragraph 3!* +%! not informing authorities or a fishery inspector of the intention for offloading and transhipping at least :+ hours before the planned arrival and offloading or transhipping of
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fish and other marine organisms and fisheries before obtaining a permit from the competent authorities (&rticle 333 paragraphs + and 8!. & fine of fifteen to twenty minimal wages in Montenegro shall be imposed on the person in charge of the company for the offence stated in paragraph 3 of this &rticle. & fine of ten to twenty minimal wages in Montenegro shall be imposed on the natural person for the offence stated in paragraph 3 of this &rticle. & fine of fifteen to twenty minimal wages in Montenegro shall be imposed on the captain of the fishing vessel for commercial fishing for the offences stated in paragraph 3, lines %, 8, 9, >, :, ), (, 3A, 33, 3+, 3%, 3:, 3), 3(, +A, +3, and +% of this &rticle & fine of fifteen to twenty minimal wages in Montenegro shall be imposed on the captain, owner and the contractor of the fishing vessel for commercial fishing for the offence stated in paragraph 3, line 3: of this &rticle.
Article 114
& fine ranging from fifty to two hundred minimal wages in Montenegro shall be imposed on a company or entrepreneur in case of 3! catching, ta,ing, buying or selling, storing, transferring, transporting or ,eeping aboard of the fishing vessel of fish and other marine organisms, which are smaller than the minimum stipulated si$e (&rticle 3> paragraph %!* +! post is not used e#clusively at night and early in the morning (&rticle +: paragraph +!* %! removing and transferring of means for gathering fish from an approved site (&rticle +) paragraph >!* 8! carrying out of fishing which is not compliant to fishing rules and hinders others in carrying out fishing (&rticle 83 paragraph 3!* 9! carrying out fishing in parts of the fishing sea which are legally determined to be areas for defence and without a permit (&rticle 8+!* >! not ,eeping a permit for commercial fishing aboard of the fishing vessel (&rticle 93 paragraph +!* :! ,eeping fishing tools and gear for sport"recreational fishing aboard without a permit for sport"recreational fishing (&rticle >% paragraph +!* )! holder of a mariculture permit mar,s boundaries of the cultivation ground with mar,s which are not compliant with provisions on safety of sailing (&rticle >) paragraph +!* (! the facilities for filtering, distribution and similar business facilities located within the $one for cultivation of molluscs or facilities for processing fish and other marine organisms do not have a permit for such activities in accordance with the Law, and the holder of mariculture permit cannot provide evidence of implementation of stipulated principles of good manufacturing practices in mariculture (&rticle )% paragraph 3!* 3A! holder of the permit or a person hired for the cultivation site fails to immediately inform authorities or a fishery inspector and does not ta,e all the stipulated measures to prevent the spread of diseases of harmful organisms in and outside the cultivation site, including destruction of fish and other marine organisms or fishery products, and disinfection of the cultivation ground (&rticle )8 paragraphs 3 and +!* 33! holder of the permit fails to ensure ,eeping the fish within the boundaries of the cultivation ground and prevent escape of live fish from the cultivation ground or in case of the escape of fish fails to immediately inform authorities or a fishery inspector, and fails to ta,e measures to recover the escaped fish (&rticle )9 paragraphs 3 and +!* 3+! fishing vessels of the total length to 3A m and more than 3A m do not comply with &rticle 3A% of the present Law* 3%! fishing vessels which are carrying out allowed commercial activity and which are longer than 39 m does not have installed a functional automatic location communicator (&L'! 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
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accordance with this Law or an international agreement to which Montenegro is a party does not have installed, does not maintain and does not operate an automatic location communicator (&L'! in compliance to the terms stipulated for the system of automatic location (&L'!, without interruptions, while in the fishing sea of Montenegro (&rticle 3A9 paragraphs 8 and 9!* 38! failure to ,eep records of every buying or selling of fish and other marine organisms at the place of first sale and to ,eep bills for the bought fish and other marine organisms (&rticle 3A( paragraphs 3 and +!* 39! the failure to inform authorities or a fishery inspector at least +8 hours in advance of the time and the place of landing, of the time when the landing is completed and failure to ,eep records of transhipping (&rticle 33A paragraph 3 line 3!. & fine of five to twenty minimal wages in Montenegro shall be imposed on the person in charge of the company for the offence stated in paragraph 3 of this &rticle. & fine of ten to twenty minimal wages in Montenegro shall be imposed on the captain or manager of the fishing vessel for the offences stated in paragraph 3, lines 3, 8, 9, >, :, 3%, and 38 of this &rticle. & fine of five to twenty minimal wages in Montenegro shall be imposed on the captain, owner and the contractor of the fishing vessel for commercial fishing for the offence stated in paragraph 3, lines 3%, and 38 of this &rticle.
Article 116
& fine of five to ten minimal wages in Montenegro shall be imposed on a natural person in following cases 3! they carry out sport"recreational fishing without a permit for sport"recreational fishing or if they use a permit not issued to them, and if they carry out sport"recreational fishing without having the permit at their side (&rticle 9( paragraphs +, > and :!* +! they carry out sport"recreational fishing using fishing tools and gear that are prohibited, catch in a day the quantity of fish which is not permitted or sells the catch (&rticle >+!* %! commercial fishing, ,eeping fishing tools and gear for sport"recreational fishing on the vessel without a permit, carrying of underwater gun on board of the fishing vessel without a permit for fishing with underwater gun, engaging in sport"recreational fishing with underwater gun from sunset to sunrise and engages in sport"recreational fishing with underwater gun at the age less than 3> (&rticle >%!* 8! the records are not ,ept and managed in compliance with &rticle ): of the present Law* 9! if the documents, records, information are ,ept and the data are entered and submitted to authorities or a fishery inspector in contradiction to &rticle 3A+ of the present Law* >! the functioning of the satellite surveillance device is destroyed, damaged, made dysfunctional or in any other way made dysfunctional (&rticle 3A9 paragraph :!*
Article 127
For the offence stated in &rticle 33> paragraph 3, &rticle 33: paragraph 3, &rticle 33) paragraph 3 lines 3, 9, : and 38, and &rticle 33( paragraph 3 lines 3, +, %, 8 and 9 of the present Law, apart from fines, the following protective measures are imposed - sei$ure of the catch* - sei$ure of the vessel, tools and gear for commercial fishing used in committing the offence.
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Article 122
0mall"scale commercial fishing referred to in &rticle 89 paragraph + of the present Law shall be conducted in the period of three years following the date of entering into force of the present Law.
Article 123
The satellite monitoring system for the fishing vessels referred to in &rticle 3A9 paragraph 3 of the present Law shall be established within three years from the date of entering into force of the present Law.
Article 124
The companies and entrepreneurs, who are registered for commercial fishing and mariculture shall adjust their business activities to provisions of the present Law within one year following the date of entering into force of the present Law.
Article 121ntil the establishment of an accredited laboratory referred to in &rticle )), paragraph > of this Law, the monitoring of water and bio"monitoring in the fishing sea shall be carried out by the ?nstitute5s laboratory.
Article 12/
/egulations for enforcement of the present Law shall be adopted within nine months following the date of entering into force of the present Law.
Article 121
1ntil the adoption of regulations on the basis of authori$ation stipulated by this Law, regulations adopted under the Law on Marine Fishery (-Bfficial Cournal of the /epublic of Montenegro., no. 99;o%! shall be applicable unless they are in contradiction to this Law.
Article 124
Bn the day the present Law enters into force, the Law on Marine Fishery (-Bfficial Cournal of the /epublic of Montenegro., no 99;o%! shall be repealed.
Article 126
The present Law shall enter into force on the eight day following the day of its publishing in the -Bfficial Cournal of the /epublic of Montenegro..
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