Port State Measures

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[PSM-002973] Montenegro; Offences and sanctions; All vessels
Law on marine fisheries and mariculture.
Articles 116-119 are providing related penalty provision in relation to the type of illegal practice or misdemeanor (fines ranging from two hundred to ten minimal wages in Montenegro that shall be imposed on a body, company or other legal person or entrepreneur in cases as specified in these articles). Article 120: For the misdemeanour stated in Article 116 paragraph 1, Article 117 paragraph 1, Article 118 paragraph 1 items 1, 5, 7 and 14, and Article 119 paragraph 1 items 1, 2, 3, 4 and 5 of this Law, apart from the fines, the following protective measures shall be imposed: 1) seizure of the catch; 2) seizure of the vessel, tools and gear for commercial fishing used in the misdemeanor.
Date of text: 27 July 2009.
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[PSM-002509] Montenegro; Miscellaneous
Law on marine fisheries and mariculture.
A holder of a permit for commercial fishing* with a fishing vessel of an overall length equal to, or more than, 10 metres shall: 1) keep on board of the fishing vessel the permit and the fishing logbook; 2) enter daily records on the fishing activities into fishing logbook; 3) report in accordance with the Article 104 of this Law; 4) submit to the administration authority or a fishery inspector, within a period of 48 hours, a landing declaration for the total catch landed at the designated landing port; A holder of a permit for commercial fishing by fishing vessels of an overall length equal to, or more than, 10 m shall report the total catch and landing of catch to the administration authority or the fisheries inspector. The form and the content of the logbook of catch and landing declaration referred to in paragraph 1 item 4), the report on catch and the deadlines for submitting the reports referred to in paragraph 2 of this Article shall be set by the Ministry.
Date of text: 27 July 2009.
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[PSM-002511] Montenegro; Designated ports; Restrictions on landing/transhipment; All vessels
Law on marine fisheries and mariculture.
The first landing of fish and other marine organisms shall be performed only in a port, harbour or another place meeting the prescribed technical conditions for inspection of fishing vessels (hereinafter referred as: the fist landing site). The technical requirements and the first landing site referred to in paragraph 1 of this Article shall be laid down by the Ministry. The landing of fish and other marine organisms at the first landing site may be performed only by a holder of a permit for large-scale commercial fishing issued in accordance with this Law or a ratified international agreement.The method and conditions for landing of fish by a holder of the permit for small-scale commercial fishing shall be laid down by the Ministry.
Date of text: 27 July 2009.
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[PSM-002512] Montenegro; Landing/transhipment authorization; All vessels
Law on marine fisheries and mariculture.
110. When transhipment of fish and other marine organisms and fish products takes place, the captain of the vessel unloading and the captain of the vessel receiving the fish and other marine organisms and fish products shall: notify the administration authority or the fishery inspector of the time and the place of transhipment at least 24 hours in advance; 1) about the time when the transhipment was completed; 2) keep records of the transhipment. The method of notification and keeping of records referred to in paragraph 1 items 1 and 3 of this Article shall be laid down by the Ministry.
Date of text: 27 July 2009.
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[PSM-002510] Montenegro; Prior notification of port entry/landing/transhipment; Landing/transhipment authorization; Restrictions on landing/transhipment; Foreign vessels
Law on marine fisheries and mariculture.
111. A foreign fishing vessel, when landing and transhipping fish and other marine organisms and fish products shall be treated in the same way as a third-country fishing vessel*. Landing and transhipment from a foreign fishing vessel shall be performed only in a port, a harbour or other places meeting the technical requirements prescribed for inspection of foreign fishing vessels (hereinafter referred to as: places for landing and transhipment). Technical requirements and the place for landing and transhipment referred to in paragraph 2 of this Article shall be laid down by the Ministry. The captain of the fishing vessel registered in a third country that intends to land or tranship fish and other marine organisms and fish products shall: 1) notify the administration authority or fishery inspector of the intention of landing and transhipment at least 72 hours before the scheduled arrival of the vessel; 2) land or tranship fish and other marine organisms and fish products following the approval from the administration authority, which is issued in compliance with the terms of landing and transhipment of fish and other marine organisms and fish products contained in the permit, the treaty, the agreement or other document authorizing the fishing vessel to land or tranship fish and other marine organisms and fish products.
Date of text: 27 July 2009.
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[PSM-002507] Montenegro; Landing/transhipment authorization; Restrictions on landing/transhipment; Port inspections; Foreign vessels
Law on marine fisheries and mariculture.
97. In addition to the measures prescribed elsewhere in this Law in relation to fishing with foreign fishing vessels, the administration authority may, in accordance with international conservation and management measures related to living marine resources and marine environment: 1) inspect documents, fishing tools and gear and catch on board of fishing vessels when such vessels are in a port or in a coastal zone; 2) prohibit landings and transhipments where it has been established that the fish and other marine organisms were caught in a manner which undermines the efficiency of measures referred to in paragraph 1 of this Article.
Date of text: 27 July 2009.
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[PSM-002508] Montenegro; Miscellaneous; National vessels
Law on marine fisheries and mariculture.
In addition to the measures prescribed elsewhere in this Law in relation to fishing vessels registered in Montenegro, the Ministry shall also prescribe the measures necessary in order to ensure the monitoring of the catch of fish and other marine organisms by such fishing vessels in the waters of third countries and in the open sea, and in order to ensure control of records on landings and transhipment of the catch. In order to implement the measures referred to in paragraph 1 of this Article, the owner or the captain of the fishing vessel shall: 1) keep on board of the fishing vessel a logbook in which the captain shall record the quantity of fish and other marine organisms caught; 2) submit a landing declaration to the competent authorities of states where landing would take place, in accordance with the agreement; 3) inform the administration authority or a 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 1 of this Article shall be implemented without prejudice to the measures implemented under international fisheries agreements and conventions. Article 3-Companies and entrepreneurs, or other legal and natural persons, may engage in marine fisheries under the terms set by this Law. Foreign legal and natural persons may engage in marine fishery in accordance with the Law. This Law shall also apply to the fishing efforts of Montenegrin-flagged fishery vessels beyond the boundaries of the fishery sea referred to in Article 98 of this Law. Article 98-In addition to the measures prescribed elsewhere in this Law in relation to fishing vessels registered in Montenegro, the Ministry shall also prescribe the measures necessary in order to ensure the monitoring of the catch of fish and other marine organisms by such fishing vessels in the waters of third countries and in the open sea, and in order to ensure control of records on landings and transhipment of the catch. Article 113 In addition to the authority of inspectors provided for by laws governing the inspection, a fishery inspector shall have the authority to: 1) monitor and control fishing and the use of fishing tools and gear in such fishing; 2) check whether commercial, sport-recreational and the fishing for the purpose of science and research is conducted in approved fishing areas, farms, zones and protected fishing areas using the approved tools, at approved period of time and in the approved manner; 3) inspect and control markets, storages, catering facilities or restaurants, harbours-ports, moles and similar facilities of relevance for the trade in fish and other marine organisms and fish products; 4) monitor and control implementation of the Strategy, Plan, Programme of monitoring the condition of habitats of economically significant fish and other marine organisms in the seabed and in the sea waters, implementation of the Annual Programme of monitoring, control and surveillance of the fishing sea of Montenegro. 5) go on board of a fishing vessel and inspect that vessel, the fishing gear, load, storage, catch, documents and other items, as well as to halt the fishing vessel; 6) enter the rooms next to the board house, or the vehicle where the fish or other marine organisms or the fishing gear is kept or transported and to inspect rooms or vehicles and to halt the vehicle used for the transport of fish; 7) stop the vehicle in order to check whether it carries fish and other marine organisms; 8) inspect fishing gear or items reasonably suspected of being used or intended to be used for collecting, treating or processing fish; 9) interrogate the person, who in his/her opinion may provide information necessary for inspection; 10) request from a person employed at the fishing vessel to assist in inspecting containers, fishing gear, fish or documents on board of or in such a vessel; 11)request from the captain of the vessel to ensure appropriate boarding to the ship; 12)stop and inspect the vehicle reasonably suspected of carrying fish caught illegally or by using prohibited fishing gear; 13)inspect fishing vessel regardless whether at that time it was engaged in fishing or other fishing-related activity.
Date of text: 27 July 2009.
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[PSM-002972] Montenegro; Port inspections; Trade-related measures
Law on marine fisheries and mariculture.
Article 112: Inspection of the enforcement of this Law shall be conducted by the administration authority through fishery inspectors in accordance with the Law. Article 113: In addition to the authority of inspectors provided for by laws governing the inspection, a fishery inspector shall have the authority to: 1) monitor and control fishing and the use of fishing tools and gear in such fishing; 2) check whether commercial, sport-recreational and the fishing for the purpose of science and research is conducted in approved fishing areas, farms, zones and protected fishing areas using the approved tools, at approved period of time and in the approved manner; 3) inspect and control markets, storages, catering facilities or restaurants, harbours-ports, moles and similar facilities of relevance for the trade in fish and other marine organisms and fish products; 4) monitor and control implementation of the Strategy, Plan, Programme of monitoring the condition of habitats of economically significant fish and other marine organisms in the seabed and in the sea waters, implementation of the Annual Programme of monitoring, control and surveillance of the fishing sea of Montenegro. 5) go on board of a fishing vessel and inspect that vessel, the fishing gear, load, storage, catch, documents and other items, as well as to halt the fishing vessel; 6) enter the rooms next to the board house, or the vehicle where the fish or other marine organisms or the fishing gear is kept or transported and to inspect rooms or vehicles and to halt the vehicle used for the transport of fish; 7) stop the vehicle in order to check whether it carries fish and other marine organisms; 8) inspect fishing gear or items reasonably suspected of being used or intended to be used for collecting, treating or processing fish; 9) interrogate the person, who in his/her opinion may provide information necessary for inspection; 10) request from a person employed at the fishing vessel to assist in inspecting containers, fishing gear, fish or documents on board of or in such a vessel; 11) request from the captain of the vessel to ensure appropriate boarding to the ship; 12) stop and inspect the vehicle reasonably suspected of carrying fish caught illegally or by using prohibited fishing gear; 13) inspect fishing vessel regardless whether at that time it was engaged in fishing or other fishing-related activity. Article 114: Administrative measures and actions-In addition to the administrative measures and actions laid down by the law governing the inspection, a fishery inspector shall take the following administrative measures and actions: order anchoring of a fishing vessel seized, confiscated or detained in order to prevent its use pending the adoption of a decision on release; 1) order stopping of the vehicle reasonably suspected of carrying fish and other marine organisms and gear used for the misdemeanour fishing; 2) order handing over of the items reasonably suspected of being used in the misdemeanour; 3) seize the fishing vessel, vehicle, fishing gear, documents and other items used in the misdemeanour; 4) order the captain of the fishing vessel used in the misdemeanour or which was used or can be proved to have been used in the misdemeanour, to sail it into a specific port; 5) prohibit the use of or the attempt to use explosives, fire guns, poison or other harmful substances for the purpose of killing, stunning, disabling or catching fish or for making the catching of fish easier; 6) prohibit the use of the gear from the List of prohibited fishing gear and prohibited practices; 7) prohibit fishing in marked areas in the fishing sea where telephone, telegraph or power lines, pipes or other devices, as well as archaeological findings and items are situated, or the use of the fishing gear and tools that may damage them; 8) prohibit landing, presentation for the purpose of sale, trade, transport and keeping of fish and other marine organisms and fish products, as well as the use of fish and other marine organisms and fish products in restaurants contrary to this Law; 9) prohibit commercial, sport-recreational and fishing for scientific and research purposes without a permit; 10)prohibit disposal of or discharge of liquid or solid wastes originating from production or processing or other material that have adverse effect on the quality of the marine environment; 11)prohibit restocking, introduction of allochthonous species of fish and other marine organisms, genetically modified species of fish or other marine organisms into the sea; 12) prohibit underwater activities in locations for which a permit has not been obtained from the administrative authority in charge of fishery (hereinafter referred to as: the administration authority); 13) prohibit fishing, collecting and placing on the market of protected species of fish and other marine organisms; 14)placing artificial underwater reefs where new biological habitats can be formed. Article 115: The authority of a fishery inspector in carrying out inspection governed by this Law and the Law on Inspection also applies to: 1) fishing vessels flying Montenegrin flag within and beyond the fishing sea of Montenegro; 2) fishing vessels flying a foreign flag in the fishing sea of Montenegro and within the authority laid down by ratified international agreement beyond the fishing sea of Montenegro.
Date of text: 27 July 2009.