LAW ON MARINE FISHERIES AND MARICULTURE

FINAL PROPOSAL

I GENERAL PROVISIONS Article 1

Marine fisheries implies, in the terms of this Law, the management of the marine living aquatic resources and applies to fishing, collecting and protecting of fish and other marine organisms based on the principles of sustainable development within the fishery sea of Montenegro. The present Law shall regulate mariculture as well. Fish and other marine organisms in the fishery sea of Montenegro are common resource enjoying special protection and are used in the way and under terms laid down by the present Law and other regulations.

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*

41)

!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

II MANAGEMENT OF THE LIVING MARINE RESOURCES

3. =rinciples for the sustainable management of the living marine aquatic resources and marine environment Article The e#ploitation of living marine aquatic resources is consistent with sustainable economic, environmental and social development. The sustainable development referred to in paragraph 3 of this &rticle shall be achieved by 3! applying of precautionary approach in implementing measures designed to protect and conserve living aquatic resources while maintaining biological diversity* +! minimi$ing the impact of fishing activities on marine eco"system* %! implementing an eco"system"based approach in fisheries* 8! proper and rational implementation of fisheries activities within an economically viable and competitive fisheries sector, providing a fair standard of living for those who are engaged in fishing activities and ta,ing into account the interests of consumers* 9! establishing the principles of development of responsible fishing activities* >! obtaining opinion of the ?nstitute of Marine @iology (hereinafter referred to as the ?nstitute! under the process of ma,ing decisions by the competent authorities.

+. =rotection of the marine environment and living marine resources Article /

Fish and other marine organisms, as well as marine biodiversity must be protected from threat to their vital environment and overe#ploitation. The protection referred to in paragraph 3 of this &rticle shall be obtained by implementing measures ta,en in order to preserve bio"ecological reproduction potentials and conditions of the environment.

%. Measures on the protection of biodiversity and environmental conditions Article 1

Measures on the protection of biodiversity and environmental conditions imply 3! the 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* +! the prohibition of stoc,ing, release of non"indigenous species of fish and other marine organisms, genetically modified species of fish or other marine organisms into the sea* %! the prohibition of underwater activities in locations that the permit had not been obtained for from the administrative authority competent for fishing activities (hereinafter referred to as the administrative authority!* 8! the prohibition of fishing, collecting and trade in protected species of fish and other marine organisms. &rtificial underwater reefs shall be established for the purpose of protecting biodiversity and environmental conditions where new biological habitats can be established.

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8. 0trategy of Fishery <evelopment of Montenegro Article 4

For the purpose of achieving the principles referred to in &rticle 9 of the present Law, the management of living resources in the fishing sea and the protection of marine environment shall be implemented in accordance with the 0trategy of Fishery and &quaculture <evelopment of Montenegro (hereinafter referred to as the 0trategy!. The 0trategy shall define long"term directions, priorities and objectives of the fishery development, the necessary funds and deadlines for their implementation, as well as responsibilities assumed under international agreements, and especially 3! the management and promotion of the fishing fleet, in particular, the promotion of fishing effort and capacity, ta,ing into account availability of fishing resources, environment" friendly fishing methods and a sustainable development of fishing activities* +! the sustainable development of the aquaculture sector* %! the sustainable development of the processing and trading in fisheries and aquatic products* 8! the sustainable development of fisheries areas, including the criteria for targeting the priority areas* 9! the competitiveness of the fisheries sector, including the improvement of its structure, organisation and its wor,ing environment* >! the preserving of human resources in the fisheries sector, in particular through upgrading professional s,ills, securing sustainable employment and enhancing the position and the role of women* :! the protection and enhancement of the environment in the fisheries sector. ?n drawing up the 0trategy, for the purpose of assessment of planned sustainable development through integration of environment protection and enhancement and gender equality, the Ministry has a duty to consult especially with 3! the competent national and local public authorities* +! the scientific and other e#pert institutions, organisations and bodies* %! the interested legal and private entities in fisheries sector. The 0trategy referred to in paragraph 3 of this &rticle shall be adopted by the 6overnment of Montenegro (hereinafter referred to as the 6overnment! for the period of 3A years. The 0trategy may contain the data on priorities, goals, estimation of necessary funds and the deadlines for 3! the provision of equipment, funds and other conditions for performing inspection supervision over fisheries activities and collecting the data and information that are important for the common fishing policy* +! the supply of fish and fisheries and the development of fishing activities outside the fishing sea in accordance with international agreements.

9. 2ational <evelopment =rogramme for Fisheries Article 6

The Fisheries =olicy of Montenegro, which is defined by the 0trategy, shall be implemented in accordance with the 2ational <evelopment =rogramme for Fisheries (hereinafter referred to as the 2ational =rogramme!.
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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..

>. <esignated fishery Article 17

For the purpose of ensuring sustainable development referred to in &rticle 9 of the present Law, the Ministry may declare a designated fishery or a number of designated fisheries in the fishing sea of Montenegro based on 3! species of fish or group of species, or +! fishing areas. The regulation referred to in paragraph 3 of this &rticle shall also define 3! the local and scientific name of the fish species* +! the geographical coordinates of the fishing area, and %! other issues that are important for managing designated fishery in accordance with the present Law. The fishery management referred to in paragraph 3 of this &rticle shall be implemented in accordance with the Marine Fishery Management =lan (hereinafter referred to as the Management =lan!, which shall be approved by the 6overnment for the period of five years.

:. Management =lan Article 11

The fishery or the designated fishery or fisheries shall be managed by the competent authority in accordance with the Management =lan, which shall set out the rules of catch based on previously defined biological parameters to govern catch limits. D#ceptionally from paragraph 3 of this &rticle, the fishery management for designated fishery or fisheries, whose management regime has been agreed under the terms of an international agreement, shall be under the responsibility of the authority as delegated by such agreement. & Management =lan shall set out 3! a description of the fishery by reference to area, fish species, fishery characteristics, fishing methods and the present state of e#ploitation* +! monitoring of the state of stoc,s of economically important species of fish and other marine organisms at the bottom and in free water* %! an analysis of the fish stoc, including their biological characteristics and the conservation status* 8! the objectives to be achieved in the planned period* 9! the tas,s to be implemented in the planned period* >! the specific technical measures to be implemented, including the measures for the protection of fish stoc,* :! the scientific basis for the Management =lan which, if so defined, shall be changed from a stoc,"based approach to an eco"system based approach*
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)! 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.

:. Dmergency management measures Article 12

?f there is evidence of a serious and unforeseen threat to the living marine resources or marine ecosystems resulting from fishing activities, in the fishery waters of Montenegro, the authorities shall be obliged to ta,e emergency measures to counter that threat. The measures referred to in paragraph 3 of this &rticle may not last longer than three months. D#ceptionally from paragraph + of this &rticle, emergency measures may last longer than three months subject to the assessment of the competent authority. ?f the measures referred to in paragraph 3 of this &rticle are ta,en under the terms of an international agreement, the competent authority shall notify the body of another member state administering that agreement and the regional fishing advisory body by sending a draft of those measures, together with an e#planatory memorandum, before adopting them.

). =rotected fishing areas Article 13

For the purpose of protecting fish and other marine organisms, the Ministry shall declare protected fishing areas. =rotected fishing areas for the purpose of this Law shall be parts of fishing sea which are favourable for natural reproduction of fish and feeding of juveniles and other marine organisms as well.

@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/
3A

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.

33. =rohibited area and season closure Article 11

For the purpose of protecting fish and other marine organisms, or parts of fishing sea which are favourable for natural reproduction of fish and feeding of juveniles and other marine organisms or fragile environments, the Ministry may prohibit fishing for a certain period. The list referred to in paragraph 3 of this &rticle shall specify 3! +! %! 8! the species or classes of fish and other marine organisms whose catch is prohibited* the geographic coordinated of the area that is closed* the starting time and the length of time of any seasonal closure* and the measures for protecting and promoting fishery, based on opinion of the ?nstitute.

?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.

3+. Fisherman5s post for trawl nets Article 21

Fisherman5s post for trawl nets in the @o,a Fotors,a @ay is a part of the shore up to 39A m long with gravel and sandy bottom, which is not fenced and which does not have a harbour or moor, or where a net with the catch can be towed onto the shore. The fisherman5s post is used e#clusively at night and early in the morning. Fisherman5s posts can be used as beaches during days. The fisherman5s post must be visibly mar,ed with a board with the name, number, length of the beach it comprises and instructions for its maintenance. The method of use, maintenance, protection, mar,ing and the length of the beach, name and the location of the fisherman5s post shall be stipulated by the Ministry.

3%

3%. Fish aggregating devices Article 24

=lacing a fish aggregating device in a certain location in the fishing sea must be based on the approval issued by the competent authority based on the request Technical characteristics of the fish aggregating devices shall be stipulated by the Ministry. The terms for fishing in the area of one nautical mile diameter from the place where the devices or several devices are installed shall be stipulated by the Ministry. &pproval for fishing in the area referred to in paragraph % of this &rticle, based on the request, shall be issued by the competent authority. 4olders of the permit for fishing in the area referred to in paragraph % of this &rticle shall ta,e all defined measures of protection and management, unless special measures are prescribed which shall not be applicable to fish which is caught in that area. ?t is prohibited to remove and move fish aggregating devices from the approved place. & person who removes or moves the devices referred to in paragraph > of this &rticle shall be responsible for the resulting damages. /egulating of fishing in the area referred to in paragraph % of this &rticle, mar,ing and identification of the space and area for placing fish aggregating devices, following the proposal of the ?nstitute, shall be stipulated by the Ministry.

III MEASURES OF THE FISHER= POLIC=

Article 26
Measures of the Fishery =olicy shall be defined for the purpose of implementing goals defined by &rticle 9 of the present Law. The measures of the Fishery =olicy shall include measures for 3! improving fishing fleet* +! the development of aquaculture, processing, selling of fish and fisheries and aquaculture products* %! collective actions* 8! the sustainable development of fishing areas* 9! the technical support.

3. ?mproving of fishing fleet Article 37

The measures for improving the fishing fleet shall relate to " " " procurement or building fishing vessels* moderni$ation of e#isting fishing vessels* improving of management and control of fishing on shores.

38

+. <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.

%. 'ollective actions Article 32

The measures of collective actions shall relate to " " " " " sustainable management and conservation of fish stoc,s* promoting partnerships between science and entities in the sector of fishery* providing support to organisations of processors, cooperatives and associations in fishery* improving conditions for landing, storing and processing of fish and other marine organisms, and improving conditions for harbouring, maintenance and supply of vessels in ports (fuel, ice, water, etc.!* promoting and development of new mar,ets for fish and fisheries and aquaculture products.

8. 0ustainable development of fishing areas Article 33

The measures for sustainable development of fishing areas shall relate to " " " providing support to sustaining economical and social prosperity of fishing areas and added value of fish and other marine organisms and aquaculture* providing support to providing of new employment opportunities by e#panding economic activities in fishing areas* providing support to environmental improvement in the fishing area.

9. Technical support Article 34

The measures of technical support shall relate to " financial support to activities for implementation of the Fishery =olicy.

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.
39

>./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.

3>

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.

&. 'BMMD/'?&L F?04?26 Article 44

'ommercial fishing is the catch of economically important fish and other marine organisms by using permitted tools and gear and the catch is intended for selling. 'ommercial fishing can be done under the terms and with fishing tools and equipment in accordance with the Law. & fee is to be paid for carrying out commercial fishing. The fee referred to in paragraph % of this &rticle shall be the revenues of the budget of Montenegro.

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.

3:

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.

3. Large"scale commercial fishing Article 46

Large"scale commercial fishing is the fishing carried out by using fishing vessel which is smaller than 3+ and longer than 3+ m over all, with the following fishing tools and equipment 3! bottom tow nets E trawls* +! pelagic (floating! trawls* %! purse seines E Gplivarice5* 8! shore seines* 9! beach seines* >! set nets* :! fish traps* )! harpoons with and without the use of artificial light* (! long"lines and other hoo,s* 3A! scampi traps (Nephrops norvegicus!* 33! traps for big crustaceans, and 3+! -tramata. nets, also the nets for catching shellfish and other marine organisms. =urpose, technical characteristics and the quantity of fishing tools and gear that is allowed for use in large"scale commercial fishing shall be laid down by the Ministry.

3)

+. 0mall"scale commercial fishing Article -7

0mall"scale commercial fishing is the fishing carried out by fishing vessels shorter than 3+ m overall, with the following fishing tools and equipment 3! +! %! 8! 9! >! set nets* fish " traps for catching fish* harpoons with and without the use of artificial light* long"lines and other hoo,s* shore seines E -,ogola.* -,alimera. and hand dredge E -grib., as well as collecting of shells and other marine organisms.

=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.

%. /egister of Fishermen Article -2

The /egister of Fishermen referred to in &rticle 89, paragraph 3 of this Law shall be established and managed by the &uthorities. /egistration in the /egister of Fishermen is performed based on applications. The following evidence shall be submitted together with the application referred to in paragraph + of this &rticle 3! that applicant is the owner or user of the fishing vessel based on the agreement of lease for the period for which a permit for commercial fishing is requested* +! that the title of a captain of the ship, for the type and the si$e of fishing vessel, is obtained in accordance with the Law that regulates marine transportation, or based on national and international standards* %! that it is registered for commercial fishing. The fulfilment of the requirements stipulated in paragraph % of this &rticle shall be determined by the &uthority. The complaint related to the 'ertificate referred to in paragraph 8 of this &rticle and other individual legal documents, which are approved by the &uthority in accordance with this Law, shall be decided upon by the Ministry. The form, content and a manner of ,eeping the /egister of Fishermen referred to in paragraph 3 of this &rticle shall be defined by the Ministry.

3(

8. =ermits for commercial fishing Article -3

=ermits for commercial fishing shall be issued by the competent authority based on public tender which shall be published in minimum one printed media distributed throughout Montenegro. The request for issuing the permit shall contain 3! the name and location of the company, i.e. the name and surname of entrepreneur and the type of commercial fishing for which the permit is requested* +! the name and registration number of the fishing vessel or a group of fishing vessel if the nature of commercial fishing requires the use of more than one vessel* %! the type, technical characteristics and the number of fishing tools and gear for carrying out the requested commercial fishing* The application shall be followed by the evidence that 1) it is registered in the /egister of Fishermen* 2) consent from the ?nstitute for technical and technological characteristics of fishing tools and gear stated in the application for commercial fishing* 3) certificate from the register of @oats, a copy of the registration list for the fishing boat or a certificate of the status of entry in the /egister of fishing boats, that is, the permit for sailing for the fishing boat which is registered for commercial fishing* The fulfilment of the requirements stipulated in paragraphs + and % of this &rticle shall be stipulated by the decision of the &uthority.

9. The content of the permit for commercial fishing Article -4

The permit for commercial fishing is issued separately for every fishing vessel and shall contain 3! the name of the company, i.e. the name and surname of entrepreneur who is issued the permit for carrying out commercial fishing* +! the name, i.e. the registration mar, of the vessel or a number of vessels if the type of the commercial fishing requires using more than one fishing vessel* %! fishing area where commercial fishing is permitted* 8! the purpose, type, technical characteristics and the number of fishing tools and gear that is used for commercial fishing* 9! identification data for the fishing vessel and the power of the engine* >! amount of fees to be paid. The permit referred to in paragraph 3 of this &rticle may contain 3! +! %! 8! a period of closed season for commercial fishing* the type and the quantity of fish that may be caught* fishing methods* terms of landing and loading and the place of the first landing.

Article --

+A

?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
+3

:. /egistration of fishing vessels Article -1

@ased on the permits for commercial fishing, the &uthority shall register fishing vessels with the /egister of Fishing Hessels (hereinafter the /egister!. The /egister shall be managed by the competent authority. The fishing vessel registered in the /egister of vessels shall have an identification mar,. The content and the way of managing the /egister of vessels and the identification mar, referred to in paragraph + of this &rticle shall be defined by the Ministry.

). Mar,ing of fishing gear Article -4

4olders of permits for commercial fishing are prohibited to use beam trawl, set net of any type, long"line and floating net in the fishing sea beyond 3+ nautical miles of the territorial sea for mar,ing and other gear if not mar,ed in defined places. The gear and the manner of mar,ing of the gear referred to in paragraph 3 of this &rticle shall be stipulated by the Ministry.

@. 0=B/T E /D'/D&T?B2&L F?04?26 Article -6

0port"recreational fishing may be practiced by private entities who hold a permit for sport" recreational fishing. The form of the permit for sport"recreational fishing shall be distributed by the competent authority to the &ssociation for 0port Fishing in the fishing sea of Montenegro (hereinafter the &ssociation! The permit for sport"recreational fishing shall be issued by sport"recreational clubs who are members of the &ssociation. ?n municipalities which do not have sport"fishing club which is a member of the &ssociation, the permit shall be issued by the competent authority responsible for sport and recreation. The &ssociation shall report to the competent authority on the number of issued permits at the end of the si#"month period during the validity of the permit. The permit for sport E recreational fishing may be used only by the person on whose name the permit is issued. The holder of sport"recreational fishing shall be obliged to have the permit at his;her side while carrying out sport"recreational fishing activities. The form and the way of distributing the forms for permits for sport"recreational fishing shall be defined by the Ministry.

Article /7

++

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>.

+%

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.

+. Mariculture activity Article /6

'ompanies and entrepreneurs may engage in mariculture and processing of mariculture products if
+8

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.

%. =ermits for mariculture Article 17

The permit for mariculture shall be issued based on the application for individual cultivation grounds. The following documentation is to be submitted with the application 3! approval issued by the competent authority for the =roject for technical and technological requirements of mariculture and the Dlaborate on economic viability of the investment, which will contain especially cultivated species of fish and other marine organisms, description of cultivation technology, si$e of annual production in tons, equipment to be installed in the location, potential impact of the proposed cultivation on environment and protection measures for restricting or elimination ris,s for environment and ris, of diseases* +! certificate from the /egister of the '/''* %! drawing of the location with a total si$e of the cultivation ground* 8! approval of water management* 9! vet and sanitary approval* >! environmental impact assessment for cultivation of fish and other marine organisms in accordance with the Law. The &uthority may request from the applicant to provide additional clarifications in writing regarding issues that are important for the implementation of the =roject of technical and technological requirements of mariculture with the Dlaborate on economic viability of the investment. The fulfilment of the requirements defined in &rticle >( paragraph 3 and &rticle :A paragraph + of the present Law shall be verified by the competent authority, which issues mariculture permits as well.

Article 11
The competent authority issues the permit for mariculture for the purpose of scientific and research activities.

8. 'ontent of the mariculture permit Article 12

The permit shall contain 3! the name and headquarters of the company or the name and address of entrepreneur who is issued the permit*
+9

+! 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.

9. =rinciples of good manufacturing practices in mariculture Article 14

Mariculture activities shall be e#ecuted in line with principles of good manufacturing practices in the field of mariculture. The principles of good manufacturing practices referred to in paragraph 3 of this &rticle shall be defined by the Ministry. &dherence to principles referred to in paragraph + of this &rticle shall be ta,en into account for issuing and suspension of mariculture permit in accordance with the present Law.

>. '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.

+>

:. /enewal of permits Article 1/

/enewal of permits shall be performed by the &uthority based on the request of the permit holder. The request referred to in paragraph 3 of this &rticle is to be submitted within minimum of three months prior to e#piry of the valid permit. The competent authority may refuse the request for the permit renewal if 3! the holder of the permit has not fulfilled a requirement under which the permit was issued or has not removed wea,nesses within the defined period* +! the holder of the permit violated or engaged in mariculture contradictory to provisions of the present Law* %! the permit renewal would not be in line with the Mariculture <evelopment =lan* 8! the permit renewal is not in the interest of environment protection and conservation in Montenegro or some other state in relation to international agreement that is binding to Montenegro* 9! the permit holder has ceased mariculture activities. ?f the administration body does not decide to renew the permit in the period set by paragraph + of this &rticle, the permit shall be considered renewed under terms it was originally issued with the validity of one year from the date of e#piry of the permit.

). Transferability of mariculture permits Article 11

& mariculture permit is not transferable from the holder to any other company or entrepreneur e#cept where authori$ation has been given by the competent authority. ?f a company or an entrepreneur wishes to acquire a mariculture licence by transfer, it;he shall submit a written request to the competent authority. The request shall contain the name of the company or entrepreneur and verified consent of the holder of the permit for its transfer. The &uthority may request from the applicant to provide other data and information which it considers necessary for ma,ing a decision upon the request. The rights and responsibilities of the permit holder shall be assumed by the new permit holder based on the transferred permit. Following approved request, the competent authority shall issue a permit for the new holder in accordance with &rticle :A of this Law. The transferred permit shall e#pire on the same day as the original permit.

+:

(. 'ancellation and changes to mariculture permits Article 14

The &uthority may suspend a mariculture permit if a! the holder ceased mariculture activities* b! the holder has not commenced mariculture activities in the period stipulated in the permit* c! the holder has not followed the terms of the permit or has not removed wea,nesses in the defined period* d! the suspension is in the interest of environment protection* e! the holder failed to report the presence of any disease or harmful organism or the licence has failed to ta,e all possible measures to prevent the spread of disease or of any harmful organism in or outside the cultivation ground, including destroying fish and other marine organisms and fishery products, as well as disinfection of products as required under &rticle )8 paragraphs 3 and % of the present Law* f! the holder fails to conduct mariculture in accordance with the present Law. The competent authority may, on the proposal of the ?nstitute, alter the terms of mariculture operations stipulated in a permit where there are specific environmental or disease"control implications resulting from the use of the equipment or procedures of control which are specified in such licence. 7here a mariculture licence is suspended or altered, it is prohibited to harvest or remove fish or other marine organisms from the mariculture site. 7hen a mariculture licence is altered, it is prohibited to continue mariculture operations on the mariculture site for which the licence was altered if the equipment and principles of good mariculture production stipulated by the licence are not used.

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.

3A. Bwnership of mariculture products Article 47

Fish and other marine organisms specified in a mariculture licence, while enclosed within the boundaries of the site, shall be the ownership of the permit holder. Fish and other marine organisms referred to in paragraph 3 of this &rticle which leave the mariculture site shall be the property of the permit holder for that site within 3AA metres from the boundary of the site.

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
+)

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.

3+. 4andling and mar,eting of mariculture products Article 42

The permit holder or other entity may not, for the purpose of mar,eting, remove, transport, present or offer for sale fish and other marine organisms from the mariculture site or fishery products in contradiction to the present Law.

3%. =revention control of diseases in mariculture Article 43

For the purpose of ensuring preventive control of diseases in mariculture, it is necessary to 3! ensure that facilities for filtering, distribution and similar business facilities located inside the $one for cultivation of molluscs have a licence for construction or operations in accordance with the Law* +! facilities for processing of fish and other marine organisms have a licence for construction or operations under the Law* %! holder of a mariculture permit can provide evidence of implementing principles of good manufacturing practice in mariculture. The terms for mar,eting molluscs shall be defined by the Ministry.

38. =revention and reporting on diseases Article 44

&ny permit holder or other person engaged on the mariculture site shall immediately report to the &uthority or an inspector the presence of any disease of harmful organisms in a mariculture facility. ?f it is established that due to diseases or harmful organisms on the cultivation site, there is a ris, for water organisms or environment, the competent shall be obliged to 3! order the isolation, quarantine or treatment of fish and other marine organisms infected or thought to be infected with a disease or harmful organism* +! destroy or restrict the movement of fish and other marine organisms that are infected or thought to be infected with a disease or harmful organism* %! quarantine mariculture site for which the &uthority reasonably suspects that a disease or harmful organism is present. The measures referred to in paragraph + of this &rticle shall be implemented by the permit holder or a person wor,ing on the cultivation site for the purpose of preventing the spread of diseases or harmful organisms inside or outside the cultivation site, including the destroying of fish and other marine organisms or fisheries, and the disinfection of the cultivation site.

+(

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.

3>. Measures in mariculture Article 4/

The competent authority may order the permit holder or other entity, who are engaged in wor,s and other operations which are actually or potentially harmful to the environment or the health of fish and other marine organisms in or outside the mariculture site, to ta,e measures in order to 3! +! %! 8! 9! >! :! prevent, control and reduce parasites* control of fish disease* contain fish* prevent escape of fish, recover escaped fish* cease harmful discharges into the fishery waters or any mariculture $one* cease any building wor, or other activity which is causing or is capable of causing harm to the fishery waters or any mariculture $one.

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.

3:. Feeping of records and reporting in mariculture Article 41

4olders of a permit for mariculture shall ,eep evidence on 3! the movements of fish and other marine organisms and fishery products inside and outside mariculture site or the site for cultivation of molluscs* +! the mortality in every epidemiological unit which is important for the cultivation type* %! the results of monitoring of health of species cultivated on the cultivation ground* 8! the fish escape. /egistered processors of fish and other marine organisms shall ,eep records on the quantity and species of fish and other marine organisms ta,en from some mariculture sites, the type and quantity of processed and delivered products of fish and other marine organisms and buyers of those products.
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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.

3). 7ater quality monitoring and biomonitoring in fishing sea Article 44

For the purpose of protecting public health and mariculture, the Ministry shall, on the proposal of the &uthority, pass the =rogramme of the 7ater Juality Monitoring and @iomonitoring in the fishing sea, which shall provide timely information to permit holders of the occurrence or imminent occurrence of any pollution or natural phenomenon, which may have a harmful or detrimental effect on the mariculture $one or mariculture production. 7hen a mariculture $one is affected by pollution or natural phenomenon, the &uthority must immediately order the testing of the water of the affected area and of the mariculture products farmed in that $one to determine 3! whether mariculture activities can be continued* +! whether the mariculture products farmed therein are fit for human consumption* %! whether the selling or mar,eting of the mariculture products that are unfit for human consumption should be prohibited. ?f the results of the tests referred to in paragraph + of this &rticle show that the water quality of the affected area is unsuitable for the continuation of mariculture or, the competent authority shall order the closure of the mariculture facility and prohibit the same or mar,eting of mariculture products farmed therein, and inform the public by national media on the closure of the mariculture facility and the prohibition of sale or mar,eting of mariculture products from the mariculture facility affected by the pollution or natural phenomenon. 7hen the tests show that the water quality of a mariculture $one that is affected by pollution or natural phenomenon is suitable for mariculture or for products farmed therein are fit for human consumption, the competent authority shall suspend the prohibition under paragraph % of this &rticle and shall inform the public by national media on the possibility of reusing these $ones and the sale or mar,eting of the mariculture products farmed therein. Mariculture permit holder shall provide timely information to the &uthority or a fishery inspector on the occurrence or a suspected occurrence of pollution or natural phenomenon referred to in paragraph 3 of this &rticle. The monitoring referred to in paragraph 3 of this &rticle shall be conducted by an accredited laboratory of the ?nstitute. The procedure of timely warning of the phenomenon referred to in paragraph 3 of this &rticle for the purpose of monitoring and the closing of mariculture site shall be defined by the Ministry.

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VII PRODUCERS ORGANISATIONS IN FISHER=

3. =rupose of organi$ation Article 46
For the purpose of implementing the objectives of the Fishery =olicy referred to in &rticle 9 of the present Law, organi$ing of producers in fishery into =roducers Brganisations, cooperatives and other forms of organisations and management of the common organi$ation of the mar,et of fish and fisheries and aquaculture products is encouraged in order to - plan harvesting and production and their adjusting to demand in order to balance quality and quantity of supply with mar,et requirements in line with the =lan of 'atch and the =roduction =lan* - implement fishing methods which ensure sustainable fishing* - define terms and methods of selling (standards of selling!* - inform consumers about products* - mar,et products* - reduce costs of catching, producing and stabili$ing production price* - apply 6ood Manufacturing =ractice

+. =roducers Brganisations in fishery Article 67

The companies and entrepreneurs registered in the /egister of Fishermen, the /egister of 'ultivation 0ites and the /egister of =rocessors of fish and other marine organisms shall organi$e into =roducers Brganisatonsins in fishery, in accordance with the Law. The =lan of 'atching and the =roduction =lan referred to in &rticle )( of the present Law shall be approved by the Ministry. The way of approving the =lan of 'atch and the =roduction =lan, terms and method of selling according to quality, si$e or weight and mar,ing of fish, fisheries and aquaculture products, the method for catching, that is, cultivating, areas for catching fish! shall be defined by the Ministry.

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.

+. 2ational Marine Fishery and Mariculture 'ouncil Article 62

The 2ational Marine Fishery and Mariculture 'ouncil (hereinafter referred to as the 'ouncil! shall be established for the purpose of continuous monitoring and development of fishery and mariculture and providing scientific and e#pert assistance in ma,ing decisions and preparation of regulations, as well as other issues related to the enforcement of the present 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.

%. <eclaration of fishery development areas Article 63

For the purpose of generating and using the funds in accordance with national or international programmes, the Ministry may declare any area of Montenegro to be a fisheries development area, which covers a part of the fishing sea, la,e and shores with considerable employment level in fishery sector.

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.

%. =ort state measures Article 61

2otwithstanding any measures prescribed elsewhere in the present Law in relation to any foreign fishing vessel, the competent authority may, in accordance with international conservation and management measures related to living marine resources and marine environment 3! inspect documents, fishing gear and catch on board fishing vessels when such vessels are in a port or at any offshore terminal* +! prohibit landings and transhipments where it has been established that the fish and other marine organisms caught in a manner which undermines the effectiveness of measures referred to in paragraph 3 of this &rticle.

8. Flag state measures Article 64

2otwithstanding any measures prescribed elsewhere in this Law in relation to any Montenegrin"registered fishing vessel, the Ministry shall prescribe such necessary measures or measures required under an international agreement to which Montenegro is a party, to ensure monitoring of the catches of fish and other marine organisms by such fishing vessels in the waters of third countries and in the open sea, and to ensure control and records of landings and transhipment of such catches.

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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.

I> MONITORING AND SURVEILLANCE

3. Monitoring effects of implementation of the Fisheries 0trategy and other development plans Article 66
The competent authority shall 3! collect such statistics as considered necessary for monitoring the effect of Fisheries <evelopment 0trategy* +! monitor the effects of any fisheries management plan established under the present Law* %! monitor the effects of any measure designed to support the fishery sector either in relation to a national policy or an international agreement* 8! to account for such e#penditure which may have been made in relation to any measure of support to the fishery sector* 9! report to the Ministry on matters stipulated in paragraph 3, lines 3 to % of this &rticle. Manner of publishing, the use or purchase of data, the form, content, time of delivery and authorities to which the report stipulated in paragraph 3, lines 3! and 9! of this &rticle is submitted shall be defined by the Ministry.

+. Bwnership of information Article 177

The ownership of the information for which it was requested to submit a report or information or which are furnished to authorities in some other way under this Law, shall belong to authorities regardless whether publishing is conducted in compliance with the present Law. The ownership of all information acquired by satellite monitoring of fishing vessels under &rticle 3A9 paragraph 3 of the present Law shall belong to the competent authority.

%. <uty of confidentiality Article 171

<efining of confidentiality of data, the approach to confidential data, storing, using, recording and protection of confidential data in marine fishery shall be in accordance with the Law.

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8. Feeping of records and reporting by permit holders Article 172

Dvery person holding a permite issued under this Law shall provide and ,eep documents, records and information and furnish them to competent authorities or fishery inspector. The documents in terms of the present Law shall be considered to be 3! +! %! 8! 9! >! :! the logboo, of catch* the statement of landing of catch* the report on catch* written records and information* maps, overview, graph or drawing* any photograph* any dis,, tape, sound trac, or other device in which sounds or other data are recorded (not being visual aids! as to be capable (with or without the aid of some other equipment! of being reproduced therefrom* )! any film (including microfilm!, negative, tape, dis, or other device in which one or more visual images are recorded so as to be capable of being reproduced therefrom* (! any data reproduced and communicated via a satellite"based vessel"monitoring system. The data that are entered into documents and records referred to in paragraph + of this &rticle must be accurate and must not contain inaccurate, wrong or misleading data. The period of ,eeping, the form and the manner of submitting documents, records and information referred to in paragraph + of this &rticle shall be stipulated by the Ministry.

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.

>. Dlectronic recording and reporting Article 174

The information on the data referred to in &rticle 3A+ paragraphs 3 and + of the present Law may be ,ept electronically and submitted to the competent authority and other authorities, as well as by radio signals or in other prescribed manner.

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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.

). <esignation of places of fist landing Article 17/

The first landing of fish and other marine organisms shall be performed only in ports, harbours or such other places which meet the stipulated technical conditions for inspection of fishing vessels (hereinafter referred as the place of fist landing!. Technical requirements and the place of fist landing referred to in paragraph 3 of this &rticle shall be stipulated by the Ministry. The landing of fish and other marine organisms on the place of fist landing may be performed only by a holder of a permit for large"scale commercial fishing issued under this Law or international agreements. The manner and conditions of landing of fish by a holder of the permit for small"scale commercial fishing shall be stipulated by the Ministry.

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(. <esignation of places of fist sale Article 171

The first sale of the caught fish and other marine organisms shall be performed only in a place that meets the prescribed technical requirements for sale, auction for sale and mar,eting of fish (hereinafter referred to as the place of the first sale!. Technical requirements and the place of first sale, and conditions and manner of sale in the place of first sale shall be stipulated by the Ministry.

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.

33. /ecords on fish"selling and fish"buying Article 176

/egistered wholesellers of fish referred to in &rticle 3A) of the present Law shall ,eep records on the fish that was bought and;or sold and other marine organisms at the place of first sale. The hospitality facilities, that is, restaurants shall ,eep bills for the fish and other marine organisms that they buy The way of ,eeping, the content and periods for ,eeping the records referred to in paragraph 3, and the period for ,eeping the bills referred to in paragraph + of this &rticle, shall be defined by the Ministry.

3+. Transhipment of fish from one vessel to another Article 117

7hen transhipment of fish and fisheries is performed in the quantities defined by the Fisheries Management =lan, the captain of the vessel offloading and the captain of the vessel receiving such fish or fisheries shall

%)

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.

> INSPECTION SURVEILLANCE Article 112

?nspection surveillance of enforcement of this Law shall be conducted by authorities through fishery inspectors in accordance with the Law.

3. 'ompetencies of fishery inspectors Article 113

?n additions to competencies of inspectors that are provided for by laws that regulate inspection, fishery inspectors shall be authori$ed to 3! monitor and control fishing and the use of fishing tools and gear in such fishing* +! inspect whether commercial, sport"recreational and the fishing for the purpose of science and researches is conducted in approved fishing areas, mariculture $ones and protected fishing areas by approved tools, at approved time and in the approved manner* %! inspect and control mar,ets, storages, restaurants, harbours"ports, moles and similar facilities that are important for trading of fish and fishery products* 8! monitor and control implementation of the 0trategy, =lan, =rogramme for monitoring the condition of settlements of economically important fish and other marine organisms in the seabed and in the sea waters, implementation of &nnual Bperational =lan for the

%(

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.

+. &dministrative measures and actions Article 114

?n addition to administrative measures and actions stipulated by the Law which regulate inspection, a fishery inspector shall ta,e the following administrative measures and actions 3! order harbouring a fishing vessel which is sei$ed, confiscated or ,ept in order to prevent their use until a decision on release is made* +! order stopping of the vessel which reasonably suspected to carry fish and other marine organisms and gear used for the illegal fishing* %! order turning in the means reasonably suspected of being used in the offence* 8! sei$e the fishing vessel, transportation means, fishing gear, documents and other objects used for ma,ing the offence* 9! order the captain of the fishing vessel used for ma,ing the offence or which was used or can be proved to have been used in the offence, to transport it to a port* >! prohibit the use or attempt to use e#plosives, fire guns, poison or other harmful substances for the purpose of ,illing, stunning, disabling or catching fish or ma,ing catching of fish easier* :! prohibit the use of the gear from the List of prohibited fishing gear and prohibited practices* )! prohibit fishing on mar,ed places in the fishing sea with telephone, telegraph or power lines, pipes or other devices, as well as archaeological findings and objects or the use of the gear and tool for fishing which may damage them* (! prohibit landing, selling, trade, transport and ,eeping fish and other marine organisms and fishery products in restaurants, as well as the use of fish and other marine organisms and fishery products in restaurants in contradiction to this Law* 3A! prohibit commercial, sport"recreational and fishing for scientific and research purposes without a permit* 33! prohibit disposal or discharge of liquid or solid wastes originating from production or processing or other material and energy that have adverse impact on the quality of aquatic environment* 3+! prohibit stoc,ing, introduction of non"indigenous species of fish and other marine organisms into the sea, as well as genetically modified species of fish or other marine organisms*

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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.

>I PENALT= PROVISIONS Article 11/

& fine ranging from two hundred to three hundred minimal wages in Montenegro shall be imposed on a body, company or other legal entity or entrepreneur in case of 3! stoc,ing, release non"indigenous species of fish and other marine organisms, genetically modified species of fish or other marine organisms or underwater activities in the locations for which a permit has not been issued by authorities, as well as fishing, collecting and trading of protected species of fish and other marine organisms (&rticle :!* +! fishing or attempting to fish in protected fishing areas* ta,ing or destroying fauna or flora, dredging or e#ploiting sand or gravel, discharging or depositing waste or any other polluting matter, or in any way disturbing, altering or destroying the natural environment* constructing or erecting any building on or over any land or water, and carrying out any activity which may adversely affect the ecosystems of the protected fishing area without a permit from the competent authority (&rticle 38 paragraphs + and %!* %! catching, ta,ing, receiving, buying, selling, storing, transferring or transporting and retaining on board any of the protected species of fish and other marine organisms (&rticle 39 paragraph %!* 8! 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 (&rticle 8%!* 9! introducing non"indigenous species of fish and other marine organisms or genetically modified fish and other marine organisms into the fishery sea of Montenegro, and transferring them from one cultivation ground to another in Montenegro without an approval from authorities (&rticle )3 paragraph 3!* & fine of 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 twenty minimal wages in Montenegro shall be imposed on the captain of the fishing vessel for commercial fishing for the offence stated in paragraph 3 of this &rticle.

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
8%

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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>II TRANSITIONAL AND FINAL PROVISIONS Article 121

1ntil the &dministration competent for fishery affairs is established, the administrative and the related fishery administration affairs shall be carried out by the Ministry The competent authority shall be responsible for fishery and shall be established within two years following the date of entering into force of the present Law.

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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