Regulation on terms, restrictions and order in fishing operations in specific fishing areas

Rulebook on requirements, restrictions and order in fishing operations in specific fishing areas or zones 1 Pursuant to the Article 41 paragraph 2 of the Law on Marine Fisheries and Mariculture (Official Gazette of Montenegro 56/09) the Ministry of Agriculture and Rural Development has issued RULEBOOK ON TERMS, RESTRICTIONS AND ORDER IN FISHING OPERATIONS IN SPECIFIC FISHING AREAS Article 1 This Rulebook lays down the terms, restrictions and order in fishing operations in specific fishing areas. Article 2 Holders of licences for commercial and sport-recreational fishing shall abide by the fishing regulations and must not hinder each other. In case commercial and sport-recreational fishing operations are conducted in the same fishing grounds at the same time, the commercial fishing has precedence over the sport-recreational fishing. In case several holders of fishing licence for commercial fishing are conducting fishing operations in the fishing grounds at the same time, then fishing operations shall be conducted by the order agreed by the licence holders involved. In case of joint fishing operations, the holders of licences for commercial fishing are entitled to a share of the catch commensurate with the capacity of the fishing tools and gear. In case the agreement referred to in the paragraph 3 of this Article is not reached, the holder of the licence for commercial fishing with the larger capacity of fishing tools and gear has the precedence over others, and in case they have identical capacities, then the precedence belongs to holder of the licence engaged in commercially more significant fishing. Article 3 Fishing of small pelagic fish by encircling net has precedence over all other fishing categories. Other fishing categories can be conducted at the distance of at least 500 meters away from the fishing grounds of small pelagic fish. Notwithstanding the provision referred to in the paragraph 1 of this Article, in case big pelagic fish appears in fishing grounds of small pelagic fish, fishing of big pelagic fish has the precedence. Fishing by trawl nets has the precedence over the fishing by long-lines and gill-nets. Fishing by gill-nets has precedence over the fishing by long-lines. Fishing by encircling nets of up to 70 m in height and 400 m in length is permitted in the Bay of Boka Kotorska from the village Rose to the cape Arza along the entire eastern shore at the distance of up to 1000 m as well as in the area around the island Lastavica – Mamula. Rulebook on requirements, restrictions and order in fishing operations in specific fishing areas or zones 2 Fishing of squids with use of artificial light shall be prohibited during the fishing of small pelagic fish by encircling nets in the area referred to in paragraph 6 of this Article. Fishing by encircling nets and trawl nets and marketing of pelagic fish four days prior to the full moon and four days after the full moon shall be prohibited. Article 4 For the purpose of unhindered fishing of small pelagic fish, it shall be prohibited to approach fishing vessels with artificial lights with any kind of vessel to a distance less than 300 meters. In fishing small pelagic fish with artificial lights, each of the vessels with artificial lights shall be situated at the distance of at least 300 meters or at least 500 meters when electric power generator is used for lights. Notwithstanding the provision referred to in the paragraph 2 of this Article, the distance between the fishing vessels with artificial lights may be smaller, but not less than 100 metes in case fishing of small pelagic fish is done in fishing grounds of smaller surfaces due to configuration of the area. Article 5 It shall be prohibited to leave in the fishing grounds the floating marks, vessels and tools after the fishing. Article 6 After harvesting or collecting the allowed quota of a specific fish species or other marine organisms, fishing of that specific fish species or other marine organisms shall be prohibited. Article 7 Fishing with bottom trawl by a fishing vessel of more than 24 meters of length overall shall be allowed exclusively in the area of 8 to 12 nm from the baseline in the fishery sea of Montenegro and in the epicontinental strip. Fishing by a fishing vessel of more than 34 meters of length overall may not be done in the fishery sea of Montenegro. Article 8 The day this Rulebook enters into force, the Rulebook on terms, restrictions and order in fishing operations in specific areas or zones (Official Gazette of the Republic of Montenegro No. 10/04 and 9/06) shall be repealed. Article 9 This Rulebook shall enter into force on the eighth day from the day of its publishing in the Official Gazette of Montenegro. No. 320/10-1101-5725/4 Podgorica, 18 January 2011 MINISTER Tarzan Milosevic