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Aquaculture Sustainable Development Of The Aquaculture Sector-Objectives

Original Language Title: ACUICULTURA DESARROLLO SUSTENTABLE DEL SECTOR ACUICOLA - OBJETIVOS

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image start infoleg site The Ministry of Justice and Human Rights
AQUACULTURE

Law 27231

Sustainable Development of the Aquaculture Sector. Objectives.

Sanctioned: November 26, 2015


Enacted: December 29, 2015


The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

Chapter I

Objectives for Sustainable Development of the Aquaculture Sector

ARTICLE 1- This law is intended to regulate, encourage and administer, in accordance with the general regulations necessary for its management, the development of the activity of aquaculture within the territory of the Argentine Republic, in accordance with the powers of the national government, the provincial, municipal and/or the Autonomous City of Buenos Aires. The particular objectives of this law are as follows:

a) To promote the integral and sustainable development of the productive activity of aquaculture, guiding it as a source of food, employment and profitability, guaranteeing the sustainable use of resources (soil, water, aquatic organisms); the optimization of the economic benefits to be achieved in harmony with the preservation of the environment and biodiversity;

(b) Propose the territorial order, promotion, control and control of the activity;

(c) Proceed for the preservation or recovery of the aquatic resources of the national territory, by means of repopulation aquaculture, in case of need, and when it is indicated in previous studies;

(d) Promote the socio-economic, cultural and professional development of the actors in the aquaculture sector, developing and/or improving the regional economies through specific programmes;

(e) Establish coordination bases and mechanisms between the national, provincial, municipal and/or Autonomous City of Buenos Aires authorities, for the best fulfillment of the objectives of this law;

(f) Support and facilitate scientific research, in particular in relation to aspects of technological development in the field of aquaculture;

g) Establish agreements with the provincial authorities for the implementation of a (1) National System of Statistics in Aquaculture (SINEA), as well as reciprocity agreements for the continuity and expansion of the National Register of Aquaculture establishments (RENACUA) existing in the Ministry of Agriculture, Livestock and Fisheries;

h) Promote training at all levels: producers, professionals, technicians, artisanal fishermen, operators and students;

(i) establishing the production control bases for aquaculture, in coordination with the competent authorities at the provincial level;

(j) Support the value added to the harvested product, promote its marketing, quality, traceability, labelling and safety; as well as any other certification that serves its promotion and competitiveness in the domestic and international market, together with the increase in volume obtained in all its variants, in coordination with the competent agencies.

ARTICLE 2- It shall be for the Ministry of Agriculture, Livestock and Fisheries:

(a) the promotion and use of aquaculture resources for the increase of their production by cultivation, as well as their intervention in the production and introduction to the country of aquatic organisms, products and by-products of live aquaculture;

b) Propose, formulate, coordinate and implement a national policy for sustainable aquaculture; as well as plans and programs that result from it, in common accord with provincial, municipal and/or Autonomous City governments of Buenos Aires;

(c) Establish administrative and control measures to which the activity of aquaculture must be adjusted, within its competence;

(d) Promote and implement measures aimed at the approval and harmonization of the provinces and countries in the field of health, safety and quality of aquatic species cultivated through the National Service for Health and Quality Agri-food (SENASA);

e) Concerting agreements and implementing technical cooperation programs in aquaculture matters and propose positions related to this subject, to be presented by the national government in the various international forums and agencies, in coordination with the Ministry of Foreign Affairs and Cult;

f) Propose to the national executive branch the appropriate budget for the aquaculture sector, which should include strengthening the productive chain, the sector's management, its organization and training, research and infrastructure, as well as the corresponding budgetary allocation for the current and future delegations of the Ministry of Agriculture, Livestock and Fisheries;

(g) Keep up to date the statistics on aquaculture production at the level of the national territory, in agreement with the provinces or through censuses made for this purpose;

(h) Respond to the country's aquaculture statistics against the National Institute of Statistics and Census (INDEC) of the Ministry of Economy and Public Finance, as well as to the Food and Agriculture Organization of the United Nations Agriculture (FAO), and other organizations of which it is involved, with the corresponding ones originating at the provincial level.

ARTICLE 3- The competent authorities in the field of aquaculture, at national and provincial level, shall encourage and promote the possible crops to be developed and the growth of existing production, as well as the quality of the products, their value added, their the marketing and competitiveness of the same; both those aimed at the internal market and the export, in coordination with the competent agencies.

ARTICLE 4 °- National authorities shall have the power to conclude agreements or agreements leading to coordination and cooperation with the provincial governments in the field of aquaculture, as well as with other countries. In the latter case, with the participation that corresponds to the Ministry of Foreign Affairs and Cult. May participate actively in the Aquaculture Network of the Americas, of which the Republic of Argentina is a member of the Secretariat of Fisheries and Aquaculture of the Ministry of Agriculture, Livestock and Fisheries of the Ministry of Agriculture, Livestock and Fisheries (MAGyP). Likewise, the ministry will appoint its representatives to attend the meetings that will be held in international forums on the treatment of aquaculture issues that are considered strategic and of national importance. related to the activity.

Chapter II

Of the definitions

ARTICLE 5- For the purposes of this law, it is understood by:

(a) Aquaculture: cultivation and production of aquatic organisms (plants and animals) with a total or partial life cycle developed in the water, whether sweet, brackish or marine in the territory of the Republic of Argentina; (a) to any of the existing production systems or to be subsequently developed, as a result of future technological developments, applied to the activity. Commercial aquaculture, involves the process of cultivation with human intervention and individual, associate or business ownership, of the populations under cultivation and in captivity;

(b) "Aquaculture" means any natural or legal person who, registered in the relevant (national and provincial) registers, determined by the competent authorities, carries out the activity for commercial purposes or, the benefit of their family support;

(c) Family aquaculture: a system of cultivation which produces aquaculture organisms for the consumption of family members and may also include a small-scale marketing (also called "rural aquaculture or agro-aquaculture");

(d) Commercial aquaculture: cultivation of aquatic organisms whose purpose is to maximize the volume produced, as well as its utilities. It can be practiced in small, medium and large scale, whether in fresh water or brackish or marine, with the use of any of the systems recognised in the activity, by means of existing or future technologies that exist;

(e) Repopulation aquaculture: this type of aquaculture is intended to increase the populations of aquatic organisms from natural or artificial environments, practiced at an extensive and low density level. In general, it is based on the reproduction and production of alevinos for sowing, and is also classified as a "semi-aquaculture";

(f) Capture-based aquaculture (ABC): also included within a semi-aquaculture, due to the fact that the juveniles employed, are captured in the environment;

(g) Research aquaculture: it deals with the activity carried out by natural persons, legally empowered to collect knowledge related to the activity in any of its stages, as well as that of the pathogens which may affect the bodies;

h) Limited resource aquaculture (AREL): it is defined according to FAO (2010) as " the activity that is practiced on the basis of self-employment, whether it is practiced exclusively or complementary, in conditions of lack of one or more resources that prevent their productive self-sustainability and the coverage of the basic family basket in the region in which it develops. " This definition, according to FAO, includes those producers who carry out aquaculture as productive diversification to complement the satisfaction of their basic family basket. The resources that can limit this activity are related to technologies, natural resources, administration, market, capital, inputs and services for the aquaculture production chain. It is generally included in what is classified in our country as "family aquaculture" or "family rural aquaculture";

(i) "aquaculture concession" means any permit which the provincial and/or national authorities responsible for the use of parcels in public spaces grant in the use of their faculties, whether natural or artificial, for the purposes of affixing certain infrastructure and for the purpose of aquaculture production;

(j) "aquaculture permit" means a document issued by the competent authorities at national or provincial level, which allows the activity to be carried out under this law;

(k) "introduction permit" means a document issued by the competent, national or provincial authorities to the effect of the approval of an application by a person concerned to import individuals and/or by-products from a species of aquatic organism; of an indigenous or exotic character to be introduced into the territory of Argentina;

(l) Quarantine: time to be determined by the competent authority in animal health at national level, to keep the aquatic organisms or their by-products from the outside under observation, by means of rules or other regulations issued by the Service National of Health and Agro-Food Quality (SENASA);

(m) Certificate of aquaculture and safety: official document issued by the National Service in which it is stated that the aquaculture species produced are authorized for marketing or may certify the facilities in which they are produced, determining the exemption of disease-causing pathogens. The "aquaculture health" covers the set of practices and measures laid down in official standards, aimed at the prevention, diagnosis and control of diseases and pests affecting crop species. The guarantee that products originating in aquaculture do not cause any harm to the health of consumers is considered to be "harmless";

(n) "Aquaculture Guide" means a document granted to cover the transport by land, sea or air of live, fresh, or frozen aquaculture products within the territory of Argentina, as determined by the competent authorities in the subject;

(o) Centro Nacional de Desarrollo Acuicola -CENADAC: body of the Delegation of the Directorate of Aquaculture of the National Directorate of Fisheries Planning of the Under-Secretary for Fisheries and Aquaculture;

(p) Aquaculture resources: refers to the resources directly employed in the aquaculture activity, which can be treated as aquatic species susceptible to cultivation, its products and by-products. Other resources, such as water and soil, are also used in aquaculture.

(q) National Register: the only National Register of Aquaculture Establishments (RENACUA) to register those aquaculture farmers and people who produce and/or market live aquatic organisms (in the latter case, it covers aquaculture ornamental and trade in ornamental species). Registration in this Register is mandatory and the same works in the Aquaculture Directorate of the National Directorate of Fisheries Planning of the Under-Secretary for Fisheries and Aquaculture;

(r) SENASA: National Service for Health and Agro-Food Quality, which understands in the health and safety of living or processed aquatic organisms.

(s) "Naval Artifacts" means a term referred to as "cages" or other "cages", such as lines or rafts intended for the cultivation of certain aquatic organisms, which are used in crops of marine order, of water brackish or sweet and which are suspended on the surface of bodies of water by means of boyados and anchored to the funds with appropriate structures immobilizing them;

(t) Asilvestrada: an exotic species which has been introduced to the country for a long enough time to be adapted and distributed in certain water bodies of the national territory, incorporating into the wild life of the "

(u) Processing: phase of post-harvest aquaculture activity (also known as "post-harvest") , intended for the processing and/or use of the obtained crop products and/or their derivatives.

Chapter III

Of the systems and enclosures used in aquaculture

ARTICLE 6- The main technologies used in aquaculture production may be developed in general, in the various enclosures (infrastructure for cultivation), covering ponds, tanks, pilettes, pens, cages, lanterns or suspended lines, and Bales (with their own boyings and anchorages), or another type that can exist through the future technological development destined to the activity. On the other hand, aquaculture production systems can be planned as extensive, semi-intensive and intensive, depending on the density used in cultivation and the degree of technology applied. These can be executed either "open sky" or "in lockdown". The first one depending on the temperatures at the selected site and the second, with more investment, in specifically prepared enclosures that have or with water circulation and fixation of the physical parameters and main chemicals, or production of bacterial foci.

Chapter IV

From sustainable aquaculture

ARTICLE 7- It will be up to the provinces and the nation to make sustainable use of their aquaculture resources, the conservation of the environment, the restoration of their resources, and the protection of those ecosystems in which fish crops are grown. or other aquatic organisms. For these purposes, the national or provincial authorities shall determine the "load capacity" or "supporting capacity" of the same; in order to support the potential growing units. In this way, the public, natural or artificial aquatic systems, submitted to aquaculture production, will be maintained, as far as possible, ecologically sustainable in time, supporting productions according to their biological characteristics.

ARTICLE 8- The Ministry of Agriculture, Livestock and Fisheries, as implementing authority, will participate with the National Service for Health and Agro-Food Quality (SENASA) in the studies corresponding to the determination of presence or absence of diseases. and in the recognition of free zones and/or low prevalence of the same and their sustainability in time. To this end, epidemiological surveillance programs will be implemented, developing them with the collaboration of the provinces and other entities involved. Likewise, the aforementioned National Service, will develop within its National Plan of Health Animal Health, referred to the prevention and control of contingencies and monitoring, as well as regulations that due to the characteristics of the Species exploited, are required for the maintenance of sustainable activity in all aquaculture basins of the territory. Moreover, the agency will have to comply with the development of the aquaculture issues of its interference in other matters to contemplate and comply with the services that are demanded of it by the aquaculture sector throughout the national territory.

ARTICLE 9- It shall be for the provincial and/or national authorities to determine the rules governing the capture of specimens of aquatic organisms in natural environments, in any of the phases of their life cycles, which are intended to be to aquaculture projects approved by them. The necessary guidelines for collection, acclimatization, handling and transportation should also be standardized, establishing appropriate penalties in the cases that correspond, in order to objectify the protection and maintenance of the own biological sustainability of these environments.

Chapter V

Of vessels and enclosures to be used in bodies of public waters

ARTICLE 10.- Any vessel used in support of the tasks that are developed with the object of aquaculture production in public water bodies, must be registered in the Argentine Naval Prefecture (NAP) and carry the elements corresponding to the safety of navigation and to the affected staff. Similarly, the "naval devices" intended for aquaculture production must be registered in compliance with the standards established in the aforementioned organism.

Chapter VI

Health and aquaculture safety

ARTICLE 11- The monitoring of the aquaculture health and safety of products from aquaculture, from its cultivation to its capture or harvest, within the Argentine territory will be the spring of the National Service of Health and Agro-Food Quality. (SENASA), and it will be subject to the regulations that the same issue to create the necessary conditions, ordering the productions and the innocuous marketing of the products originated from the activity and directed to the markets of consumption. Likewise, the regulations and controls relating to the placing on the market of aquatic organisms for ornament shall correspond to the said organism.

Chapter VII

From the National Register

ARTICLE 12.- The National Register of Aquaculture Establishments (RENACUA) is carried out by the Ministry of Agriculture, Livestock and Fisheries, through the Directorate of Aquaculture, and has a public character, maintaining the objective of registration. mandatory for all actors in the aquaculture sector, requesting information on the activities they carry out.

Except for the registration of crops intended for aquaculture for domestic household consumption, without any commercial sale.

In the case of the introduction of aquatic organisms or by-products thereof, for the purpose of cultivation or marketing, the said Directorate shall intervene, prior to the actions corresponding to the National Service for Health and Agro-Food Quality. (SENASA) and the General Administration of Customs of the Federal Administration of Public Revenue (AFIP), an autarchic entity in the orbit of the Ministry of Economy and Public Finance.

ARTICLE 13.- It is for the provincial and/or national authorities to grant the permits and/or concessions, as well as the normal ratings in the case of the exercise of aquaculture, of any species of aquatic organism concerned.

ARTICLE 14.- In the case of species considered as exotic, which are authorized for cultivation and production by the respective competent authorities, it will be the responsibility of the aquaculture farmer to ensure the containment of the individuals under cultivation in the the scope of their exploitation, preventing their access to the waters that drain to the river basins of the Argentinian territory or river basins shared with neighbouring countries, as regards the species of fresh or brackish water, and towards the sea, when in the case of marine species, in order to avoid, as far as possible, any genetic contamination of the indigenous fauna itself.

ARTICLE 15.- The capture, introduction and cultivation of aquatic organisms to carry out research aquaculture, including those organisms considered exotic to the country, must be authorised by the competent authorities at national level and provincial, as appropriate. The results obtained from research carried out by public authorities must be disseminated by means of the appropriate ways, in order to reach the aquaculture sector concerned and the community as a whole.

ARTICLE 16.- The bodies responsible for the management of aquaculture resources intended for cultivation and aquaculture production, either at national or provincial level, may request all information deemed necessary at all times on a sample of material (a) biological, or on existing records in the records which the fish farmers are required to keep up to date in their establishments. This will have the aim, the generation of reliable data that will respond to the statistics, or other aspects that directly concern the aquaculture sector in general.

ARTICLE 17.- The release or planting of exotic or genetically modified aquatic organisms, characterised in accordance with the terms existing in the specific legislation at world level, is strictly prohibited in any aquatic environment of the national territory, as well as indigenous aquatic organisms, without the prior authorisation of the respective competent authorities in this field.

Chapter VIII

Of the training and research

ARTICLE 18.- The training provided by the national state or the provincial states, within any order referred to the activity of aquaculture, will be oriented towards a greater transfer of technological development achieved, for knowledge and practices in the management of the crops and the sustainability of the activity with respect to the production, with the application of the "Good Practices of Management and Manufacturing in Aquaculture" referring to this activity in the species that are contemplated, supporting for this to the aquaculture sector.

ARTICLE 19.- It will be for the initiative of the public authorities (national and provincial) to promote the activity, encouraging the research and training of professionals, technicians and students, as well as the workforce employed in the establishments, by means of activities carried out for the purpose in the various areas mentioned. Private activity will also be invited to assist and contribute to these important aspects. From the States it will be important to promote the implementation of the "Good Management and Manufacturing Practices in Aquaculture", both to promote biological and economic sustainability, and to ensure that aquaculture projects are with the environment. The transfer shall be carried out for each species or groups of species in particular (herbivorous, omnivorous and carnivorous). The care and welfare of the animals under cultivation must also be promoted, training the producer in all those certifications in reference to the processing technologies and the sum of value, related to the products originated by the sector.

ARTICLE 20.- The national and provincial authorities will seek to promote and coordinate actions with the respective authorities of Science, Research and Productive Innovation, as well as with the Ministries of Education at national and/or provincial level, the participation and involvement of educational institutions, research centres and universities for the development and implementation of applied research and technological innovation projects directly linked to aquaculture production. They will especially promote biological and technical studies for the development of native species potentially suitable for cultivation and production in the national territory. They will also have to contribute to the development of the activity in those schools of an agro-technical or secondary level specialized, which will materialize the aquaculture theme in their curriculum and wish to train their students in it.

ARTICLE 21.- The competent authorities in aquaculture, both at national and provincial level, shall promote the construction of the necessary infrastructure, where they are evident, for the purposes of an orderly technological development, sustainable and transferable to current and potential producers within the main aquaculture crops suitable for the territory, as well as providing strong support to the productive sector, in each of the aquaculture basins of the same.

Chapter IX

Of the audits and sanctions

ARTICLE 22.- The audits provided by the authorities will be the spring of the national, provincial, municipal and/or Autonomous City of Buenos Aires, according to the competencies that each of them has.

ARTICLE 23.- The conduct and activities harmful to the aquatic natural resources and the environment, within and in the surroundings of the facilities of the production establishments for the development of the activity of aquaculture, must be sanctioned to their verification by the competent authorities at the provincial and/or national level.

Chapter X

Processing of aquaculture products

ARTICLE 24.- The production and marketing activities of aquaculture products must comply with the health, hygiene, safety, safety and welfare standards of the animals under cultivation, as well as the preservation of the environment and will be subject to specific rules from the national and provincial bodies competent in those matters and as appropriate.

Chapter XI

From The Federal Agricultural Council

ARTICLE 25.- Create the Aquaculture Commission of the Federal Agricultural Council (CFA), which will consist of four (4) subcommittees, one (1) for each aquaculture region with the objective of supporting, coordinating, arranging and harmonizing the regulations between provinces and the how to manage the creation and monitoring of development programmes; at least one (1) time per year. The Commission shall be chaired by the holder of the Under-Secretary for Fisheries and Aquaculture or by his appointed representative and the Subcommittees, by whom he himself appoints. All provinces will be invited to formalize their participation, sending a representative to each of the aforementioned Subcommittees. The Commission and its Subcommittees, as part of the Federal Agricultural Council, will aim to work on the proposal of policies and instruments aimed at supporting development, dissemination, promotion, training, productivity, regulation and harmonised control of aquaculture and its value chain, as well as the increase in its competitiveness in its productive sectors. In addition to the provincial representatives, the Subcommissions will invite them to participate in the same one (1) representative for the National Service for Health and Agro-Food Quality (SENASA); one (1) for the Secretariat of Environment and Development Sustainable of the Chief of Cabinet of Ministers; one (1) by the National Institute of Research and Fisheries Development (INIDEP); and one (1) by the Center for Research of Fisheries Technology and Regional Food (INTI). Subcommittees may invite in turn, and when they consider it necessary, according to the subject to be addressed, to one (1) member of a non-governmental organization directly or indirectly linked to the productive sector of aquaculture.

Chapter XII

Of the stimuli for the increase of production

ARTICLE 26.- The implementation of fiscal, economic and financial support incentives or any other mechanism for the promotion and sustainable development of aquaculture will be coordinated with national and national agencies and agencies. (a) provincial competent authority. This will promote the organization and growth of aquaculture and design structures and mechanisms for the granting of specific credits for the activity, as well as other forms of benefit to its potential and current actors.

ARTICLE 27.- Aquaculture products will be considered as agricultural products for all purposes. The national and provincial agencies will adapt the regulations regarding federal transit by incorporating the respective guide throughout the country. Live aquaculture products intended for human consumption are excluded from the scope of law 22,241.

Chapter XIII

Development and Development Scheme for the growth of the aquaculture sector

ARTICLE 28.- Create a reimbursable "Promotion for Aquaculture" scheme, with the exception of Article 37 of this Law. To this end, a "National Fund for the Development of Aquaculture Activities" (FONAC) shall be established, for the operations of the aquaculture activity which may be originated in an agricultural diversification or in activities with a projection "small scale", SMEs, semi-industrial or industrial, in sites considered to be suitable for such development within the national territory (in marine, brackish and continental environment), have already been initiated or started. The present regime shall govern the promotion of the activity for the entire territory and islands of the Republic, governed by the scope and limitations laid down in this law and in the complementary rules that the Power of the Republic National executive.

ARTICLE 29.- The activities related to the development of aquaculture, covered by the scheme established by this law, shall cover the stages of each crop, whether the activity is regarded as a "vertical integrated" production comprising all the phases of the specific life cycle: reproduction, larval, pre-fattening and fattening of the species together with their harvest and post-cosecha; or, a "non-vertical" production which includes only the stage of production of the fish, or pre-fattening, fattening. The contributions of the FONAC may be requested for the purchase of building materials for infrastructure; various inputs; machinery for food processing; fish classifiers; tractors and mechanical shovels or other; as well as those aimed at improving the production and/or quality of the products obtained; development of technologies for the cultivation of aquatic species suitable for each of the production systems; promotion of associative ventures, compliance with health control programmes; access to marketing and marketing of the final products obtained, added value generated by the producer himself or, by cooperatives, associations or other forms of integrative companies, where the producer shows direct and active participation.

ARTICLE 30.- The activity of aquaculture will be carried out through the use of practices that are framed within the criteria of sustainability of the natural resources used in their development and within the parameters of respect for the environment environment. The implementing authority shall, among other requirements, require studies to determine possible environmental impacts where the projects submitted can be considered as a serious risk at the same level as those derived from the production itself and may impose requirements to be complied with periodically, and may also define the conditions of the respective studies to be carried out when it considers appropriate.

ARTICLE 31.- Natural or legal persons who develop aquaculture activity shall be beneficiaries of this promotion scheme for up to a maximum of one thousand tonnes (1000 t) per year considered as 'live' biomass, on the crops of which they have as a target for aquatic organisms (wholly or partly dependent on water for their life cycle), animal and plant, provided that compliance with the provisions of the body of this law is observed.

It shall be the duty of the beneficiaries of this scheme to submit every three (3) months to the implementing authority, reports on the basis of affidavits, detailing the progress of the approved investment project, together with the amounts and the destination of the funding awarded.

ARTICLE 32.- In order to benefit from the scheme established, producers must submit a 'Aquaculture Project' to the relevant authority responsible for applying this scheme in the provinces attached to it, in which the producer develops or Aim to fine-tune and plan your production. This project must demonstrate its biological, technical, environmental and economic viability. After approval by the respective provincial authority, the submission shall be forwarded to the national implementing authority, which shall be issued within a period not exceeding ninety (90) days from its receipt. The proposals submitted for the benefit of the FONAC may be annual or multiannual.

ARTICLE 33.- The implementing authority shall appoint an official to act as the National Coordinator of the present promotion scheme, who shall be responsible for the implementation of this promotion regime and shall develop its activities jointly with a Commission Technical Advisor for Aquaculture.

ARTICLE 34.- Create the Technical Advisory Commission for Aquaculture (CATA) in the field of the Ministry of Agriculture, Livestock and Fisheries which will be subject to the present arrangements in an advisory capacity, with the considerations set out in Articles 36, 37 and 38 of the present.

ARTICLE 35.- The Technical Advisory Commission for Aquaculture (CATA), will be chaired by the Minister of Agriculture, Livestock and Fisheries or by whom the same delegate, and will be composed by the National Coordinator of the Regime by the Ministry and by the Member and alternate members representing the following bodies are nominated: one (1) by the National Institute of Agricultural Technology (INTA); one (1) by the National Service for Health and Agro-Food Quality (SENASA); one (1) by the Secretariat of Environment and Sustainable Development; one (1) by the National Institute of Research and Fisheries Development (INIDEP); and one (1) by the Centro de Investigaciones de Tecnología Pesquera y Alimentos Regionales CITE (INTI). The CATA will meet monthly to evaluate in an alternative way, the projects previously selected by the respective provinces, for each of the aquaculture basins that make up the territory, with the participation of the provinces that They belong to them. The CATA shall also act as an advisory body to recommend to the implementing authority the penalties to be applied to profit holders where the latter do not comply with the relevant obligations. The designated officials shall be held on an honorary basis.

ARTICLE 36.- CATA members shall have the right to vote. This Commission may, in the event of necessary consultation, incorporate other representatives of non-governmental bodies, who shall not be entitled to vote.

ARTICLE 37.- The implementing authority or its delegate shall dictate the rules of procedure for the operation of the Technical Advisory Commission for Aquaculture. CATA is authorized to sign agreements with governmental and non-governmental organizations that fulfill development functions in the social sector in order to optimize the projected assistance. If the projects submitted constitute a social support ('self-sustaining ' activity), which do not fulfil the condition of being economically profitable, but are dedicated to the activity of aquaculture, in land or aquatic environments with suitable conditions, they will be able to access the reception of contributions implemented in this Regime and in this case, the funds granted will not be reimbursable.

ARTICLE 38.- The implementing authority shall convene once a year a National Aquaculture Production Forum or the Aquaculture Bureau. The same shall be integrated as follows:

(a) one (1) representative representative and one (1) alternate of the provinces adhered to the regime, for each aquaculture region;

(b) One (1) national official and one (1) alternate member of the Advisory Committee for Aquaculture;

(c) One (1) representative representative and one (1) alternate of Universities and/or Research Centres per aquaculture region;

(d) one (1) representative representative and one (1) alternate for the aquaculture region's aquaculture sector;

(e) One (1) representative representative and one (1) alternate member of the National Research and Development Institute (INIDEP);

(f) One (1) representative representative and one (1) alternate member of the Center for Research in Fisheries Technology and Regional Food (INTI).

Its objective will be to analyze the situation of the sector and the application of the present Promotion Regime for the development and growth of the same. The Forum may make agreed recommendations to serve as guidance to the implementing authority and to the Technical Advisory Committee for Aquaculture.

ARTICLE 39.- The FONAC shall be integrated with:

(a) A consignment of the national budget during the term of ten (10) years included in the budget of the Ministry of Agriculture, Livestock and Fisheries not less than one per cent (1%) of the budget of that Ministry;

(b) the duties resulting from the issuance of authorisations for the exercise of aquaculture;

(c) donations and contributions from international, provincial and own producers;

(d) the amounts to be granted by the FUND itself in the form of repayable funds;

(e) fines arising from penalties applied to producers (points (a), (b) and (c) of Article 46 of this Law);

(f) Collection which, by any other legal concept, is provided for.

ARTICLE 40.- The implementing authority, after consultation with the CATA, may annually allocate up to 20% (20%) of the funds from the FONAC to other general support actions for the development and growth of the aquaculture sector, such as:

(a) to carry out campaigns for the dissemination of this scheme;

(b) To carry out censuses for the knowledge of producers, hectares under cultivation and/or volume produced;

(c) Carry out market studies with transfer to producers;

(d) to carry out market opening or maintenance activities;

(e) Support producers in emergencies for natural disasters or in severe and urgent cases that affect the production agencies and exceed the budgetary capacity of national and provincial agencies. specific requirements;

(f) Support the financing of studies at the level of soil, water and "load capacity" of freshwater bodies intended for aquaculture to determine the extent of provincial concessions to be granted;

(g) Support the financing of studies on the pathologies of the species under cultivation, determine areas exempt from internationally-reported pathologies, and determine actions to be carried out in conjunction with the national implementing authority corresponding;

(h) Support the holding of workshops and training seminars for producers, permanent workers of aquaculture production establishments, river and sea craft fishermen with aquaculture production potential, and professionals (national and provincial) involved in the formulation, evaluation and implementation of investment plans and projects submitted to qualify for this scheme.

ARTICLE 41.- The implementing authority, after consultation with the CATA, will establish the criteria for the distribution of the FONAC funds, prioritizing those areas of the country that for their qualities and aptitudes maintain a significant importance in production aquaculture, for the roots of human populations, supporting with socio-economic actions and directing them to those investment projects that increase the production and occupation of specialized and non-specialized labor.

Up to five percent (5%) of the FONAC funds can be allocated annually to the compensation of administrative expenses, human resources, equipment and viatics, both at national level, and provincial, municipal and Autonomous City. of Buenos Aires, which demands the implementation, monitoring, control and evaluation of the present regime.

Up to 10% (10%) of FONAC funds may be allocated annually for bank credit rate subsidy schemes that may be implemented in the future under this law.

ARTICLE 42.- The economic and financial benefits provided for in the following articles of this law shall be valid for the term of ten (10) years since its promulgation.

ARTICLE 43.- The funds requested by applicants for these benefits, once submitted and approved their projects to the implementing authority, shall be awarded to the firm of the respective contract with each producer or potential producer as a beneficiary; or with an association or a cooperative constituted, which may allocate the same to the investments listed below and in the percentages determined in this Article, provided that its social object expressly states the aquaculture activity:

(a) Up to 100% (100%) of the amount requested for the purchase or rental of machinery for the movement of land for the preparation of the land and the construction of excavated ponds intended for cultivation, water reservoirs, such as the construction of "raceways", pilettes, tanks, purging pilettes, tables, rafts and longlines or cage-bales (including appropriate nets) for the cultivation of fish, elements for the cultivation of bivalve molluscs, together with their rigid parts and anchorages for their sustainability in the water (marine or sweet) or other system used in The present system of aquaculture production, which is developed in the future with proven technology, as well as costs for the acquisition of pumps and water extractors and for the construction of wells and sheetles.

In addition, it may request amounts intended for the construction of a laboratory for primary breeding and breeding or for quarantine as a laboratory or a quarantine hatchery for any aquatic culture organism, as well as for monitoring of the Maintained production, asset-keeping galon, tractor acquisition for aquaculture activity, demaliser for maintenance and cleaning of the predium, coupled for transport of water and loads (with the exception of motor vehicles van or motor vehicles), including boats or boats with outboard motor vehicles up to 40 HP, trailer and diving elements which are intended for aquaculture activities (different stages of the production of an aquatic organism, depending on the species and the developed culture system);

(b) Up to 50% (50%) of the value of the balanced food intended for the cultivation of the selected species/s to be acquired in national shops, depending on the volume of planned production to which it is intended; the purchase of medicinal products and health care fees due to the prevention of pathologies or pathologies which have been detected during any stage of the production cycle of the species under cultivation or, erogation by means of analysis and determined laboratory controls or to be determined by the competent health authority; and other certifications necessary to comply with national and/or international regulations;

(c) up to 20% (20%) of the purchase of material from breeding animals for the start of the activity or seed (larvae and/or juveniles) according to the project submitted;

d) Up to fifty percent (50%) of the costs of projects for obtaining quality, origin or organic production certifications.

The implementing authority shall regulate the conditions for granting the amounts of reimbursable funds by establishing a minimum grace period of 30 months and fixing the interest to be applied to them.

ARTICLE 44.- Aquaculture beneficiaries will have the following tax benefits:

(a) the elimination of import duties on equipment or machinery included in the projects, where there is no national production;

(b) Early repayment, in the tax on earnings, of 100% (100%), in two (2) exercises, of the value of the machinery acquired for the approved project.

The tax benefits described in this Article shall be for a duration not greater than two (2) fiscal years since they are granted by the corresponding authority.

ARTICLE 45.- This scheme shall apply in the provinces which expressly accede to it. In order to benefit from the benefits of this law during the time of implementation of this scheme, the provinces adhered to shall:

(a) Designate a provincial body responsible for the implementation of this scheme, which must comply with the procedures laid down in its rules within the time limits laid down, coordinating the functions and services of the provincial and/or community bodies responsible for aquaculture development, with the implementing authority;

(b) to declare exempt from the payment of stamp taxes to acts arising from the activities covered by this regime, unless the province is to allocate the funds raised by this concept to the implementation of measures of direct action to the production of aquaculture;

(c) to respect the intangibility of investment projects approved by the relevant authority;

(d) to declare exempt from the payment of the tax on gross income or other income that will replace it or supplement it in the future and that will tax the profitable activity generated in the investment projects that are benefited by this law;

(e) Eliminate the collection of guides or any other instrument that seriously provides for the free movement of elements intended for the production to be obtained or already obtained, in the investment projects benefited by this law;

(f) At the time of accession, the provinces must report taxatively which benefits and deadlines will be granted. In the event that the benefit is granted by virtue of this article, from the municipal authorities or the Autonomous City of Buenos Aires, they must adhere to the regime approved in this law and the rules The province of accession, with a taxatively establishing the benefits to be granted.

ARTICLE 46.- Any infringement of the present regime and the rules which, as a result, are imposed, shall be sanctioned, in a gradual and cumulative manner, with:

(a) Total or partial forfeiture of the benefits granted;

(b) Return on the total amount granted by the FONAC or as another aid provided by the National State or the provincial State. In all cases, the amounts will be recharged to be reintegrated with the updates, interests and fines that will establish the legal norms in force at the national level;

(c) Return on taxes not paid on the occasion of the promotion;

d) Payment to the provincial, municipal or municipal governments of the Autonomous City of Buenos Aires of the amounts of taxes, fees and/or any other type of provincial, municipal or Autonomous City contribution of Buenos Aires not paid by According to what the provincial, municipal or Autonomous City of Buenos Aires will establish.

The national implementing authority, on a proposal from the CATA, shall impose the penalties referred to in points (a), (b) and (c), and the provinces concerned shall impose sanctions as set out in point (d). The rules shall lay down the procedure for the imposition of penalties, ensuring the right of producers to defend themselves.

Chapter XIV

Information system

ARTICLE 47.- The Ministry of Agriculture, Livestock and Fisheries shall establish, operate and maintain the National System of Statistics in Aquaculture (SINEA), referred to in Article 1 (g) of this Law, integrated by the data provided by the Ministry of Agriculture, Livestock and Fisheries. the provinces, which they shall implement in turn, their own records of production by establishment in their territories. The producers who make up the aquaculture sector shall, between the months of May and June of each year, provide the estimated production data, to the Aquaculture Directorate, through the respective provincial authority. In the case of a province possessing numerous producers of 'family or rural aquaculture or agro-aquaculture', it shall inform the national competent authority of the volumes produced, identifying them by species, to be obtained by the term of the year in question. The Aquaculture Directorate will be responsible for communicating the country's total statistics through the ministry's portal and communicating it to the National Institute of Statistics and Census (INDEC), as well as other international organizations in the which holds participation.

ARTICLE 48.- Within the planning and implementation of the actions carried out by the agencies and entities of the administrations, both at national and provincial level, in accordance with their respective spheres of competence, and in the exercise of their respective spheres of competence attributions, will be observed the guidelines that, by common agreement, are considered strategic for the Aquaculture Sector, insisting to the producers in the integration of cooperatives or associations and participating in turn, of other plans that may arise from different aspects to be addressed as part of national and international.

Chapter XV

From the budget to be allocated

ARTICLE 49.- The Ministry of Agriculture, Livestock and Fisheries through the Secretariat of Fisheries and Aquaculture, will estimate and integrate within its budget to submit annually to the national executive branch, corresponding to the development of aquaculture within the territory, which will cover the funds corresponding to the FONAC and the management and maintenance of its current and future delegations.

Chapter XVI

Of this law

ARTICLE 50.- The provinces and the Autonomous City of Buenos Aires are invited to join this law.

ARTICLE 51.- The national executive branch shall regulate this rule within a period not greater than one hundred and twenty (120) days of its enactment.

ARTICLE 52. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-SIX DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO 27231-

JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -Juan H. Estrada.