M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 13 – Fisheries Resources and fleet management Brussels, 5-6. June 2013 Deniz FRLJUCKIC

2004R Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register32009R R0404 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy 32011R0404 Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy Relevant Aquis of EU M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Montenegrin Institutional Framework Ministry of Agriculture and rural Development Administration for Inspection Affairs Maritime Border Police Veterinary Administration Institute of Marine Biology Kotor

Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Ministry of Agriculture and Rural Development Based on scientific researche activities conducted by the Institute of Marine Biology, MARD lays down management measures and sets the maximum number of fishing permits for commercial fishing. Article 5 Law on Marine Fisheries and Mariculture

Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institute of Marine Biology National scientific institution in charge for monitoring of marine fisheries For the purpose of sustainable exploitation and development of marine resources and marine environment I.Research and assessment of fish stocks; II.Monitoring the condition and assessment for the purpose of sustainable exploitation of fish and other marine organisms; III.Monitoring the population dynamics of fish; IV.Preparing of professional bases for the Strategy, Management Plan and mariculture development; V.Monitoring of the water quality and biomonitoring; VI.Setting of technical and technological terms for fishing; VII.Providing expert assistance in implementation of activities related to fisheries and mariculture and reporting on activities implemented, at the request of the administration authority. Article 38 Law on Marine Fishery and Mariculture

Law on Marine Fisheries and Mariculture (Official Gazette of Montenegro 56/09) Set of secondary legislation (Official Gazette of Montenegro 8/11) Montenegrin Legal Framework M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Marine fisheries, in the terms of this Law, means the management of the living marine resources and applies to fishing, collecting and protecting fish and other marine organisms based on the principles of sustainable development within the fishery sea of Montenegro. This Law shall regulate mariculture as well. Fish and other marine organisms in the fishery sea of Montenegro, being a resource of common interest, enjoys special protection and are used in the way and under the terms laid down by this Law and other regulations

7 Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union For the purpose of achieving the principles of sustainable economic, environmental and social development, the management of living resources in the fishing sea and the protection of marine environment is implemented in accordance with the Fisheries and Aquaculture Development Strategy of Montenegro By this Law, fish and other marine organisms, as well as marine biodiversity, are protected against the threats to their environment and overexploitation. Montenegrin Legal Framework Law on marine fisheries and mariculture (Official Gazette of Montenegro 56/09)

8 Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Montenegrin Legal Framework Law on marine fishery and mariculture (Official Gazette of Montenegro 56/09) Management measures are regulated by Law on marine fisheries and mariculture and relevant Rulebooks. 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 The exploitation of living marine aquatic resources is consistent with sustainable economic, environmental and social development

9 Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Montenegrin Legal Framework Law on marine fishery and mariculture (Official Gazette of Montenegro 56/09) Commercial fishing is the catch of economically significant species of fish and other marine organisms by using permitted tools and gear for the purpose of marketing. Fishing capacity is defined according to the horsepower of the engine, gross capacity and type of the fishing vessel, size and number of nets and angles, number and intensity of lamps, equipment, etc. The commercial fishing is classified into the large-scale and the small-scale commercial fishing.

10 Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Montenegrin Legal Framework Law on marine fishery and mariculture (Official Gazette of Montenegro 56/09) Large-scale commercial fishing is the fishing carried out by using fishing vessel shorter than 12 and longer than 12 m over all, with the following fishing tools and gear: 1) bottom tow nets – trawls; 2) pelagic (floating) trawls; 3) purse seines; 4) shore seines; 5) beach seines; 6) set nets; 7) fish traps; 8) harpoons with and without the use of artificial light; 9) long-lines and other hooks; 10) scampi traps (Nephrops norvegicus); 11) traps for big crustaceans, and 12) “tramata” nets, also the nets for catching shellfish and other marine organisms.

11 Chapter 13 Fishery M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Montenegrin Legal Framework Law on marine fishery and mariculture (Official Gazette of Montenegro 56/09) Small-scale commercial fishing is the fishing carried out by fishing vessels shorter than 12 m overall, with the following fishing tools and equipment: 1) set nets; 2) fish - traps for catching fish; 3) harpoons with and without the use of artificial light; 4) long-lines and other hooks; 5) shore seines – “kogola”; 6) “kalimera” and hand dredge – “grib”, as well as collecting of shells and other marine organisms.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Permit for commercial fishing MARD The permit for commercial fishing shall be issued by the administration authority based on a public advertisement published in at least one printed media distributed throughout Montenegro.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Vessel Registration Administrative procedures Existing vessel registration limit: is in accordance with the sugestion of IMB New construction: The construction of new fishing vessels is allowed for now. After the completion of the final census a strict control on increasing of the GT will be established Engine modification: The modification of engine of fishing vessels is allowed for now. But, after the completion of the final census we will establish strict control of increasing the engine power in kW. Any change on a fishing vessel must be reported to the Port Authority and MARD Increase of GT for safety reasons: Increase the GT for safety reasons is permitted until the completion of the final census. All modifications on a fishing vessels must be reported to the Port Authority and MARD

Vessel Import/ export: In case of import of the fishing vessel and in order to meet the requirements for registration of that fishing vessel in the Montenegrin register of fishing vessels, the applicant shall submit the deletion from register of the country from which the vessel is imported. In the case of exports, at the request of the owner of the fishing vessel, MARD will delete the fishing vessel from the register of fishing vessels and issue the proof of deletion. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Vessel Registration Administrative procedures Change the owner and the Agent: The owner of the fishing vessel, or the holder of a commercial fishing permit shall report to the MARD any change that takes place when is a licence for commercial fishing active. Vessel destruction: The owner of the vessel, or the holder of a commercial fishing permit shall report to the MARD destruction of the fishing vessel in order to perform the deletion from the register of fishing vessels. Change of activity: Change of activity of a fishing vessel is allowed, and can be done at any time at the request of vessel owner or permit holder. Home port change: In case of change of the home port the vessel must be re-registred. The owner of the vessel, or the holder of a commercial fishing permit have to request the change of the home port in the register of fishing vessels

Fleet management M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register According to this Regulation an information system has been set up with the following characteristics: Minimum information required by EU. Minimum information required by EU. Event based system with historical data. Event based system with historical data. Vessels to be registered Marine Fishing vessels. Vessels used in Mariculture production Vessel identification Technical Data. Owners identification. Administrative data. Vessel licence Main Information

Fleet management M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Events to be registered Census of Pre-existing fishing vessels. New construction. Change of activity. Intra-Community import or transfer. New fleet entrants Within fleet Exit from the fleet Break-up, shipwreck. Change of activity. Intra-Community Export, transfer. Change of activity (just for fishing vessels and mariculture auxiliaries) Modification

Fisheries Information System M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Fleet Register M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Fleet Register M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Logbook for vessels over 10m LOA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Monthly report for vesseles up to 10m LOA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Permits M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Common Alarm M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Common User Management M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Reporting - GFCM Task 1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

Vessel Monitoring System M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries

challenges M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Total Tonnage established 2000 GTs Fleet Register 200 gt 50 GT 25 GT 130 GT Vessel withdrawn After the census is completed, increases in overall fishing capacity will not be permitted. Since Montenegro has not yet completed the census, the fishing capacity has not been limited yet in terms of GT and Power. For instance. If a vessel with 200 GT’s want to be registered in the fleet, same quantity of GT’s has to exit.

challenges M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries Fleet Register Developing sub-system for Sampling data and Biological data Developing sub-system for Sales Notes Developing sub-system for Electronic logbook Developing sub-system for Register of fisherman Further development and harmonization of legal framework and fisheries information systems, for the purpose of more efficient control and management of fisheries

Conclusions M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 13 Fisheries A dministrative capacity building in institutions in charge of fishery, inspection and data collection. Further support by EU & GFCM funded projects in developing of new FIS functionalities and fishery Further cooperation with the EU and continous harmonisation of legislation Strengthening cooperation with countries of the region - Albania, Croatia, Slovenia, Italy etc. and transfer of knowledge, experiences and other forms of assistance.

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