Montenegro

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Welcome to the GFCM Database on National Fisheries Legislation

Please read the 'Introduction' in the Main Page before starting.

N.B: the below reported contents are currently subject to revision and will be thus updated in due course.


Contents



Introduction

Montenegro is member of the GFCM since the 31 of January 2008. The country is party to the UN Law of the Sea Convention (23 October 2006) but not a party of the UN Fish Stock Agreement of 1995. Montenegro has not also ratified the FAO Compliance Agreement of 1993 nor the FAO Port State Measures Agreement of 2009.

FISHERIES

Access regime to fisheries resources

The basic regulations, Law on marine fisheries and mariculture, 27 July 2009, amended in 2015, that include biological resource management, i.e., fishing, farming and protection of fish and other organisms in the sea on the principles of sustainable development, is the Law on Marine Fishery and Mariculture. The Law on Marine Fishery and Mariculture provides a basic legal framework, which is partly harmonized with the secondary legal sources of the EU and Regulations of GFCM.

Administrative authorizations and licenses

The Regulation on the form of the permit, procedure of issuing of permit, method of payment of fees for commercial fishing and more detailed conditions for transfer of permits for commercial fishing prescribes all standards and related terms necessary to determine the conditions for engaging in commercial fishing, the form of the permit, the procedure for issuing of permit, the method for payment of fees for commercial fishing as well as more detailed conditions for transfer of permits for commercial fishing from a company, entrepreneur and/or specific natural person to another.
The administration body shall issue the permit to the permit holder after the payment of the fee prescribed for the commercial fishing is made (article 5).


Relevant GFCM Decisions on this subject

Main fisheries laws and regulations

Main legislations
Law on marine fisheries and mariculture, 27 July 2009
Regulation on requirements, fishing tools and gear, period of fishing and method of issuing permits for small scale commercial fishing for certain employed persons and pensioners
Regulation on the method of use , maintenance, protection, marking and length of the coast, name and place of the fishermen’s posts
Regulation on the form of the permit, procedure of issuing of permit, method of payment of fees for commercial fishing and more detailed conditions for transfer of permits for commercial fishing
Regulation on the register of fishing vessels.
Regulation on the prohibition of catch and trade in fish juveniles, undersized fish and other marine organisms
Regulation on basic construction-technical characteristics, methods of use, time, purpose, quantity and type of fishing tools and gear that is permitted for use in large and small-scale commercial fishing

Source FAOLEX

Conservation and control measures

Restrictions apply on fisheries resources

Area and time restrictions

For the purpose of protecting fish and other marine organisms, the Ministry shall designate protected fishing areas. The protected fishing areas, in terms of this Law, shall be parts of fishing sea that are favourable for natural reproduction of fish and feeding of juveniles and other marine organisms as well.

Where it is established, in the process of designation of protected fishing areas in the fishing sea, that the respective area may affect fishing activities of another country or member countries of a ratified international agreement, the protected fishing area may be designated after obtaining approval from a administration authority responsible for implementation of that agreement of that another country or countries taking part in regional fisheries advisory body, in accordance with the procedure set out by the ratified international agreement in question (article 13).

Minimum sizes

It is prohibited to catch and trade fish juveniles, undersized fish and other undersized marine organisms. The term undersized fish and other undersized marine organisms means not fully grown fish, crustaceans, bivalve molluscs and sponges of commercial significance, size of which in certain species the size as laid down by Regulation on the prohibition of catch and trade in fish juveniles, undersized fish and other marine organisms.

Protected species

The Law on Amendement to the law on Marine Fisheries and Marinculture (OG 47/15) provide measures for the conservations on cetaceans, by-catch of seabirds, sharks and rays, monk seal.
Althought, the exploitation of red coral is completely forbidden in Montenegro by the Order on the closed season of age classes of fish and other marine organisms (OG 26/15).


Relevant GFCM Decisions on this subject

Fishing gear and methods

This Regulation provides for the basic construction-technical characteristics, methods of use, time, purpose, quantity and type of fishing tools and gear that is permitted for use in large scale and small scale commercial fishing, as well as the marking of fishing tools and gear and the method for the establishing of construction-technical characteristics of the fishing tools and gear. </br>

The following fishing tools and gear may be used in large-scale commercial fishing:
1) bottom trawls;
2) pelagic (floating) trawls;
3) entangling nets;
4) beach seines;
5) beach trawls;
6) gillnets;
7) traps for fish and other marine organisms;
8) harpoons;
9) long lines and other angling gear;
10) vibrating ropes nets tramata (ludar).

Requirements due to fishing vessels

Register

The Regulation on the register of fishing vessels lays down the content and the method of keeping the register of fishing vessels and the identification symbol of the fishing vessel entered into the Register of Vessels.
The registration and deletion of the fishing vessels in/from the Register of Vessels shall be done on the basis of an application from a company, entrepreneur and a certain natural person that, in line with the law, comply with the requirements for commercial fishing. The application for registration in the Register of Vessels shall be submitted to the administration body in charge of fishery and mariculture affairs (hereinafter referred to as: the administration body) together with the application for issuing of the permit for commercial fishing, after calling of a public advertisement in line with the law.
The identification symbol of the fishing vessel (CFR) shall contain: the international abbreviation of the state of Montenegro (MNE), the three digit code of the home port of the fishing vessel (001) and the six digit number marking the order in which the fishing vessels are registered in the Register of Vessels (000001).


Relevant GFCM Decisions on this subject

Reporting obligation

This Regulation prescribes all standards necessary governing the correct use of the contents of the fishing log book, including the declaration on all landings, the report on all catch and catch landing, the deadline for submitting the report and the method of notification and keeping records on time and place of transhipping of fish, other marine organisms and fish products. Regulation on the form and contents of fishing logbooks. The Logbook and the Report shall be filled in line with the instructions for filling in the Logbook and the report.The forms of the Logbook and the Report are available in annexes 1 and 2 of the regulation.


Relevant GFCM Decisions on this subject

Marking
The holders of permits for commercial fishing shall be prohibited to use beam trawl, set net of any type, long-line and floating net in the fishing sea beyond 12 nautical miles of the territorial sea for marking and other gear, unless marked in prescribed places.

The gear and the method of marking of the gear referred to in paragraph 1 of this Article shall be laid down by the Ministry.
(article 58 of Law on marine fisheries and mariculture, 27 July 2009)

Landing of catch

This sections will be updated in due course.


Relevant GFCM Decisions on this subject

Observers

This sections will be updated in due course.

Vessel Monitoring System

Rule book of Vessel Monitoring System O.G. 27/13

Amendments to the law of Marine Fisheries and Mariculture

The administration authority has established a satellite fishing vessel monitoring system. The administration authority is responsible for management and operation of the system. A fishing vessel engaged in commercial fishing of an overall length of more than 15 metres shall have installed on board a functional automatic location communicator system (ALC) which allows detection and identification of the fishing vessel by the remote monitoring system or the system.

Relevant GFCM Decisions on this subject

Sanctions

This sections will be updated in due course.


Relevant GFCM Decisions on this subject
REC. GFCM/33/2009/8 on the establishment of a list of vessels presumed to have carried out IUU fishing in the GFCM area


Principal Legal Measures on Monitoring, Control and Surveillance

Logbook
Regulation on the form and contents of fishing logbooks
Landing of catch
There is not a specific legislation in this subject
Vessel Monitoring System (VMS)
Rule book of Vessel Monitoring System O.G. 27/13
Illegal, Unreported, and Unregulated fishing (IUU)
Law on Marine Fisheries and Mariculture OG 56/09
Inspections
Inspection Law ("Official Gazette of Montenegro", No.39 / 03 "Official Gazette" No.76 / 09, 57/11)
Law on Misdemeanors ("Official Gazette" No. 1/11, 6/11, 39/11)
The Criminal Code ("Official Gazette of Montenegro", no. 70/03, 13/04, 47/06, "Official Gazette" no. 40/08, 25/10, 32/11)

Source FAOLEX

AQUACULTURE


This sections will be updated in due course.



Relevant GFCM Decisions on this subject


Source:

FAOLEX: http://faolex.fao.org/fishery/index.htm