Marine Living Resources Antarctic Regimen Legal Recoleccion - Full Text Of The Norm

Original Language Title: RECURSOS VIVOS MARINOS ANTARTICOS REGIMEN LEGAL DE RECOLECCION - Texto completo de la norma

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RESOURCES ANTARTIC MARINES Law 25,263 Marine Living Resources Collection Regime in the Area of Implementation of the Convention for the Conservation of Antarctic Marine Living Resources (CCRVMA). Jurisdiction and Scope of Application. Functions of the Federal Pesquero Council, the Ministry of Agriculture, Livestock, Fisheries and Food and the Argentine Naval Prefecture. Fund for the Conservation of Antarctic Marine Living Resources-Fondo CCRVMA. Publicity of CCRVMA Conservation Measures. Capture limits. Satellite Monitoring of Ships. Sanctions. Resources. Presumations. Scientific research and observation in accordance with CCRVMA.

Sanctioned: June 15, 2000.

Partially promulgated: July 20, 2000.

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. They sanction with force of law:

REGIME OF RECOLECTION OF VIEW FRAMEWORK RESOURCES IN THE AREA OF IMPLEMENTATION OF THE CONVENTION FOR THE CONSERVATION OF ANTARTIC VIEW MARINE RESOURCES (CCRVMA)

PART I

Jurisdiction and Scope of Application

ARTICLE 1 The Argentine Republic exercises jurisdiction, where appropriate, within the area defined in article 1 of the Convention for the Conservation of Antarctic Marine Living Resources (CCRVMA) adopted by Law No. 22,584, in accordance with it; with the conservation measures provided for therein and the present law and other applicable international law. All of this without prejudice to the rights that may correspond to the Province of Tierra del Fuego, Antarctica and South Atlantic Islands, in accordance with Law No. 23.775. ARTICLE 2 The Argentine Republic will promote, through the relevant agencies, the achievement of the objectives of conservation of the Antarctic marine living resources established in CCRVMA and the provisions dictated accordingly, through the effective implementation of the various mechanisms envisaged by CCRVMA and adequate scientific research programmes on marine living resources in the area of CCRVMA. Article 3 Marine living resource collection activities carried out by national flagships within the CCRVMA area shall be subject to the provisions of this Act, the Convention for the Conservation of Antarctic Marine Living Resources (CCRVMA) and the provisions issued accordingly.

PART II

Functions of the Federal Fisheries Council, the Ministry of Agriculture, Livestock, Fisheries and Food and the Argentine Naval Prefecture

ARTICLE 4 It shall be the responsibility of the Federal Fisheries Council with the intervention of the Ministry of Foreign Affairs, International Trade and Worship, without prejudice to the rights that may be vested in the Province of Tierra del Fuego, Antarctica and South Atlantic Islands, the granting of appropriate authorization to national flagship vessels to enter the area of CCRVMA for the purpose of collecting marine living resources and other related activities. Nomin of ships authorized to that end shall be notified to the Executive Secretariat of CCRVMA by the Ministry of Foreign Affairs, International Trade and Worship. ARTICLE 5o Such authorizations shall be granted, at the request of the shipowning companies, to those national flag vessels which, at the discretion of the Federal Pesquero Council and the Ministry of Foreign Affairs, International Trade and Worship, meet the requirements set forth in CCRVMA and the rules issued therein for the exercise of marine living resources collection activities in the area for which authorization is requested, as well as in any other provision or rule that may be issued in the national area. ARTICLE 6 Any authorization shall define: the areas or sub-areas of the CCRVMA in which the activity of the vessel is permitted, species whose capture is authorized, methods and limits of the permitted capture, the period of validity of the authorization, which may not exceed one year; and any other mode of operation established by the corresponding CCRVMA Conservation Measures. ARTICLE 7 The Federal Fisheries Council, with the intervention of the Ministry of Foreign Affairs, International Trade and Worship, shall set tariffs for the granting of authorizations for the collection of Antarctic marine living resources in the area of CCRVMA. ARTICLE 8 The Ministry of Agriculture, Livestock, Fisheries and Food and the Argentine Naval Prefecture shall be competent to carry out the administrative sums that may be appropriate for breaches of this law committed by national flagships. To that end, the sanctions regime provided for in this Act shall apply.

PART III

Fund for the Conservation of Antarctic Marine Living Resources - FONDO CCRVMA

Article 9 Believe the "Fondo for the Conservation of Antarctic Marine Living Resources - FONDO CCRVMA" as special account to be established with the following resources:

(a) Tariffs collected by authorizations granted for any collection of marine living resources in the area of application of CCRVMA;

(b) Fines imposed for breaches of CCRVMA, this law and/or its supplementary rules;

(c) Sumas perceived by the public auction of infractors confiscated by the application of article 19, subparagraph (e), or by the sale of the production of the collection of marine living resources, as well as of the confiscated fishing gears or equipment as a result of an infringement committed to CCRVMA, to this law and/or its complementary standards;

(d) Donations, legacies and subsidies;

(e) Interests and incomes of the above-mentioned income;

(f) Other income resulting from the application of agreements or agreements with third States or cooperation with national or foreign entities;

(g) Other funds specifically allocated by the National Treasury to the National Antarctic Directorate or the Ministry of Agriculture, Livestock, Fisheries and Food. ARTICLE 10. The FONDO CCRVMA will be administered by the Ministry of Agriculture, Livestock, Fisheries and Food with the intervention of the Federal Fisheries Council, the Ministry of Foreign Affairs, International Trade and Worship and the National Antarctic Directorate. ARTICLE 11. The FONDO CCRVMA will be dedicated to:

(a) To pay the required contributions by the Executive Secretariat of CCRVMA in response to the amount of marine living resources collected by season, in accordance with Article XIX, paragraph 3) of CCRVMA;

(b) To finance the programmes of research and study of marine living resources in the area of CCRVMA in accordance with articles 42 and below of this Act;

(c) Solvent the cost of advertising the conservation measures adopted by the Commission for the conservation of Antarctic marine living resources established by article VII of the CCRVMA and the other costs required by the application of this law.

PART IV

Publicity of CCRVMA Conservation Measures

ARTICLE 12. At the end of the regular annual meeting of the Commission for the Conservation of Antarctic Marine Living Resources, the Ministry of Foreign Affairs, International Trade and Worship shall communicate to the Ministry of Agriculture, Livestock, Fisheries and Food and the Federal Fisheries Council the new conservation measures or modifications to existing conservation measures that had been adopted by the Commission and to which the Argentine Republic had decided to force itself for publication. The Secretariat of Agriculture, Livestock, Fisheries and Food will proceed to its immediate publication which will be solvent with resources from FONDO CCRVMA.

From its publication in the Official Gazette, the conservation measures adopted will be mandatory for any national flag fishing vessel entering the CCRVMA area.

PART V

Capture Limits

ARTICLE 13. National flag fishing vessels entering the CCRVMA area may collect marine living resources up to the catch limits set out in the authorizations granted under this Act, which in turn will conform to the catch limits set out in the conservation measures applicable to the area or statistical sub-area in which the activities are carried out, and to the species whose catch has been authorized. ARTICLE 14. National flag vessels carrying out marine living resource collection activities in the area of CCRVMA shall strictly observe the procedures and requirements for notification of captures or other information set out in the existing rules of CCRVMA, and shall communicate the relevant, to the Ministry of Agriculture, Livestock, Fisheries and Food and to the Federal Fisheries Council, in the time and manner required by the relevant conservation measures for its further communication to the Ministry of Foreign Trade and the Federal Fisheries.

Once the capturing limit established by CCRVMA has been reached for the relevant statistical area or sub-area and for the species for which the authorization has been granted, the Ministry of Agriculture, Livestock, Fisheries and Food shall inform the affected national flag vessels and require them to leave the area or sub-area immediately.

ARTICLE 15. Once the Ministry of Agriculture, Livestock, Fisheries and Food has made the communication provided for in the previous article and ordered the immediate abandonment of the relevant area or sub-area, the permanence and/or development of marine living resource collection activities or related activities by a national flagship within that area or sub-area shall be regarded as a violation of this Act and shall be subject to penalties set out in article 20 (b) of this Act.

PART VI

Satellite Monitoring of Ships

ARTICLE 16. In accordance with the recommendations made by CCRVMA, the installation of equipment for the satellite monitoring of ships is mandatory for any national flagship requesting authorization to enter the CCRVMA area. ARTICLE 17. Such satellite tracking equipment should make it possible to identify the vessel and control its speed and direction at all times and in the entire area of CCRVMA. If, for whatever reason, the team ceases to transmit correctly, the fact must be informed immediately to the Ministry of Agriculture, Livestock, Fisheries and Food indicating the reasons. ARTICLE 18. It is the responsibility of the ship owner and/or ship owner that such satellite monitoring equipment will remain in perfect condition and operate throughout the ship's defeat within the CCRVMA area.

PART VII

Sanctions

ARTICLE 19. When the Ministry of Agriculture, Livestock, Fisheries and Food through the relevant summary, verify that any of the unlawful conducts established in the current regulations have been committed, following the proceedings to the Ministry of Foreign Affairs, International Trade and Worship for the term of ten (10) working days, it shall apply one or more of the following penalties, in accordance with the characteristics of the ship, the unlawful gravity of the ship and the following:

(a) PESOS CINCUENTA MIL ($ 50,000) to PESOS DOS MILLONES ($ 2,000,000);

(b) Suspension of registration in registers carried by the Ministry of Agriculture, Livestock, Fisheries and Food, from fifteen (15) days to two (2) years;

(c) Cancellation of registration referred to in the preceding paragraph;

(d) Forfeiture of fishing gears and equipment;

(e) Ship confiscation.

ARTICLE 20. This law and the provisions of CCRVMA shall be considered a violation:

(a) Failure to comply with any of the conservation measures adopted by CCRVMA or the provisions issued therein for the collection of marine living resources or for the implementation of related activities in the area of CCRVMA, including: the lack of notification of captures in due time and form, the failure to comply with the requirements of the International Inspection or Scientific Observation Systems established in CCRVMA and the use of unenabled fishing gears;

(b) Failure to abandon immediately the area or sub-area of the CCRVMA in respect of which the capturing limit allowed after the notification issued by the Ministry of Agriculture, Livestock, Fisheries and Food under Article 14, paragraph 2, of this Law. In this case, and without prejudice to the application of any of the penalties set out in article 19, shipowners and/or ship owners shall be liable to a fine of PESOS DIEZ MIL ($ 10,000) for each day that exceeds the time strictly necessary to leave the area or sub-area corresponding.

ARTICLE 21. This Act and the provisions of CCRVMA shall be considered a serious violation:

(a) The entry into the CCRVMA area of a national flag fishing vessel without the corresponding authorization granted in the terms of this law and/or without having on board a satellite monitoring system in accordance with the characteristics required by CCRVMA and the Conservation Measures or Resolutions approved in consequence or the non-compliance with the obligations set out in Title VI of this Act;

(b) The discharge in foreign port from the production of marine living resource collection activity developed within the CCRVMA area without complying with Article 34 forecasts;

(c) The discharge in port of a State not party to the CCRVMA of any capture obtained within the Convention area.

In cases of serious infractions or recidivism, the minimum and maximum amounts of the penalties set out in article 19 (a) and (b) shall be doubled, without prejudice to the maximum penalty that may be due to the seriousness of the offence committed.

ARTICLE 22. The commission of a new offence shall be deemed to be reoffending in the commission of an offence within five years of the first commission. The period of five (5) years will be computed since the first sanction applied is signed. In order to determine recidivism, the ship, the shipowner and the owner shall be taken into account indistinctly. ARTICLE 23. Prior to the corresponding administrative summary, the shipowner and/or ship owner shall be liable to a fine of PESOS CINCO MIL ($ 5,000) for each day that the satellite monitoring team ceases to transmit properly, unless the shipper and/or owner strongly credits that such a circumstance occurred for reasons beyond the diligent management of the equipment. Also, from the moment the satellite monitoring team ceases to transmit properly and prior to the corresponding administrative summary, the shipowners and/or owners of the ship shall be liable to a fine of PESOS DIEZ MIL ($ 10,000) for each day that exceeds the strictly necessary time to leave the area of the Convention. ARTICLE 24. It shall be presumed that the load of fish products on board a national flag fishing vessel located in the area of CCRVMA without the corresponding authorization issued by the Federal Pesquero Council, or that it had not been properly declared before the entry to that area, has been captured in the area of CCRVMA and in such cases the ship owner and/or owner of the ship shall be liable to the penalties provided for, except for the present article 19 ARTICLE 25. Where the seriousness of the offence so warrants, it may apply to the ship ' s ship owner, without prejudice to other sanctions provided for in this Act, the suspension of its registration, which may reach all the vessels with which it operates in the fishing activity. ARTICLE 26. In addition to applying to the offender other sanctions provided for in this Act, the confiscation of the catch obtained by the fishing vessel during the fishing trip in question shall also be replaced by a fine equivalent to the value of such catch on the market at the date of arrival at port, as provided by the Ministry of Agriculture, Livestock, Fisheries and Food. ARTICLE 27. The Ministry of Agriculture, Livestock, Fisheries and Food may, when it deems appropriate due to the seriousness of the fact, arrange for the interruption of the fishing trip in which the alleged infringement was committed and order the immediate return to the port of the ship in question. ARTICLE 28. In the face of the presumption of infractions, and even if the summary has not been completed, the Ministry of Agriculture, Livestock, Fisheries and Food may, through a well-founded resolution, suspend the registration of the alleged offender on remand pending the final resolution. In this case, the substance of the summary shall not exceed the period of sixty (60) days. ARTICLE 29. Applying the suspension provided for in the previous article, the ship may not, during that period, for any reason, abandon the port where the preventive measure is being carried out without the express authorization of the Ministry of Agriculture, Livestock, Fisheries and Food.

In the event of non-compliance with article 27, or in this article, the shipowner and/or owner of the ship shall be liable to the application of the penalties provided for in article 19 of this Act.

ARTICLE 30. The Federal Pesquero Council may not grant new authorization for the entry into the CCRVMA area in respect of a vessel that has committed any serious breach of CCRVMA, this law or other complementary rules, or is reoffending. This prohibition shall apply for two years from the termination of the sanction applied to the ship in question, or while an administrative summary is pending for any infractions committed by the ship in question. ARTICLE 31. The suspension of registration in the Fisheries Registers required by the Ministry of Agriculture, Livestock, Fisheries and Food will entail the cessation of the activities of navigation, prospecting, harvesting, capturing, industrialization, processing, storage, trade and/or transport of marine living resources, their products or by-products. Sanctions shall be notified by the Ministry of Agriculture, Livestock, Fisheries and Food to the relevant divisions or agencies in order not to grant any certificates to facilitate such operations. ARTICLE 32. The shipowners and owners who violate the current regulations shall be personally and in solidarity responsible for the sanctions set out in article 19, subsequent and consistent with this law and the other consequences arising from the wrongful act. ARTICLE 33. Without prejudice to the penalties provided for in this law for the shipowner and/or owner and/or responsible of the ship, the Ministry of Agriculture, Livestock, Fisheries and Food shall forward a copy of the action to the Argentine Naval Prefecture for the purpose of breaking the corresponding summary with respect to the responsibility of the ship's captain, which according to the gravity of the offence committed will be liable for some or some of the following penalties:

(a) Appreciation;

(b) Fine from PESOS UN MIL ($ 1,000), to PESOS CIEN MIL ($ 100,000);

(c) Suspension of the ability to navigate up to two (2) years;

(d) Cancellation of the enabled navigation.

ARTICLE 34. Any national flagship that develops activity to collect Antarctic marine living resources within the area of CCRVMA and in accordance with the provisions of CCRVMA and this law shall discharge its capture in Argentine ports.

In such cases where specific circumstances justify it, and by means of express and substantiated authorization from the Ministry of Agriculture, Livestock, Fisheries and Food, the discharge may exceptionally be carried out in the port of another State Party in the CCRVMA, in which case the shipper shall submit to the Secretariat of Agriculture, Livestock, Fisheries and Food the corresponding declaration of import intervened by the Argentine consular officer with jurisdiction in the discharge port, on the date of ten working days. The delay in the submission of the said import declaration will make it possible for the ship to ship and/or owner of the application of the penalties provided for in article 19 of this Act.

The discharge of any capture obtained within the CCRVMA area shall be considered a serious violation of this law, when it is made in the port of another State Party of CCRVMA without complying with the provisions of the preceding paragraph, or when it is made in a port of a State not a Party of CCRVMA, in such cases the application of article 21 of this Act.

PART VIII

Resources

ARTICLE 35. Sanctions imposed by the Ministry of Agriculture, Livestock, Fisheries and Food will be used at administrative headquarters within ten (10) working days, through reconsideration. Prior to the resolution of the appeal, the Ministry of Agriculture, Livestock, Fisheries and Food will give hearing of the proceedings to the Ministry of Foreign Affairs, International Trade and Worship and the Federal Fisheries Council for the term of ten (10) working days, respectively. After the proceedings, the Ministry of Agriculture, Livestock, Fisheries and Food shall be issued within twenty (20) working days. ARTICLE 36. The administrative act that resolves the remedy of reconsideration exhausts the administrative path. If such an act is confirmed by the penalty, it shall be appealable within ten (10) working days, before the National Appeals Chamber in Administrative Disputes, upon deposit of the fine or of a sufficient guarantee of compliance with the penalty imposed, the appeal must be based on the same act of its interposition. ARTICLE 37. The Ministry of Agriculture, Livestock, Fisheries and Food shall refer to the National Appeals Chamber in Administrative Disputes within five (5) working days, the sums that have been the subject of the appeal set out in the preceding article. ARTICLE 38. Fines resulting from final judgements in the case of the offences under this Act shall be paid within ten (10) working days of notification. In the event of a lack of payment, its executive collection shall be subject to the provisions of Book III, Title I, Chapter I of the Code of Civil and Commercial Procedures of the Nation.

Where the fines imposed by the Ministry of Agriculture, Livestock, Fisheries and Food were not appealed to the National Appeals Chamber in the Administrative Disputes, the lack of payment of the same will result in the issuance of a debt certificate issued in accordance with the regulations established by the latter and its collection shall deal in accordance with the rules provided for in the Fiscal Executions in Book III, Title III, Chapter II, Section IV of the Civil Procedure Code.

ARTICLE 39. The actions to impose penalties for infringement of this law and/or its supplementary rules prescribe at five years from the date of commission of the offence or since the Ministry of Agriculture, Livestock, Fisheries and Food had taken notice of its commission. ARTICLE 40. For all that in relation to the sanctions and remedies procedure is not expressly provided for in this Act, the provisions of the Code of Civil and Commercial Procedures of the Nation shall be applied in a supplementary manner.

PART IX

Subjects

ARTICLE 41. For the purposes set out in articles 27 and 28 of the present Act, a serious presumption shall be deemed to be that resulting from reports submitted to the Argentine Republic by Scientific Observers or Inspectors of any nationality that are duly accredited to the Executive Secretariat of CCRVMA, on sightings of Argentine flagships within the area of CCRVMA in alleged violation of this law, CCRVMA and the rules issued accordingly.

PART X

Scientific Research and Observation in accordance with CCRVMA

ARTICLE 42. The National Antarctic Directorate (DNA) - Argentine Antarctic Institute (IAA) will be responsible for coordinating, together with the Ministry of Agriculture, Livestock, Fisheries and Food- Research and Development Institute

(INIDEP), the Federal Pesquero Council and the Province of Tierra del Fuego, Antarctica and South Atlantic Islands, those tasks that best contribute to the participation of the Republic in the area of Research, Scientific Observation and Inspection in accordance with the provisions of CCRVMA and the rules dictated accordingly. The execution of such tasks in the area of CCRVMA, as well as the collection of marine living resources and other related activities that were developed for scientific purposes, shall be carried out in accordance with national and international standards and provincial rules where applicable, applicable to Antarctica and the area of CCRVMA.

ARTICLE 43. Within the research tasks mentioned in the preceding article, the conduct of research cruises in those areas of the CCRVMA may be of greater interest to the scientific activity of the Republic. These cruises will be carried out jointly by the Argentine Antarctic Institute (IAA) and the National Fisheries Research and Development Institute (INIDEP) through the corresponding funding from the FONDO CCRVMA provided for in Article 9 of this Law and the additional items to be established in the National Budget. ARTICLE 44. The National Antarctic Directorate - Argentine Antarctic Institute, together with the Ministry of Agriculture, Livestock, Fisheries and Food - National Fisheries Research and Development Institute and the Ministry of Foreign Affairs, International Trade and Worship, shall designate those who have proven scientific and professional training as appropriate in order to carry out the tasks of Research, Scientific Observation and Inspection in accordance with the respective systems established in CCRVMA. The Ministry of Foreign Affairs, International Trade and Worship shall notify the Executive Secretariat of CCRVMA of the nominee of persons designated in appropriate cases. ARTICLE 45. . The National Treasury will provide the Ministry of Agriculture, Livestock, Fisheries and Food and the National Directorate of Antarctica with the funds that will be used to comply with the provisions of Article 42 et seq. of this Law. Such funds may also be transferred as appropriate for the appropriate logistical support of the said activities. ARTICLE 46. This law shall enter into force at thirty (30) days of its publication. ARTICLE 47. . Contact the executive branch. IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FIFTH DAYS OF THE JUNE YEAR DOS MIL.

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NOTE: The bold texts were observed.

PASCUAL RAFAEL. . JOSE GENOUD. . Guillermo Aramburu. . Mario L. Pontaquarto.