AQUACULTURE aquaculture law 27231 sustainable of the Sector aquaculture development. Objectives. Adopted: 26 November 2015 promulgated: 29 December 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: Chapter i. objectives for the development sustainable industry aquaculture Wikipedia article 1 ° - this Act is intended to regulate, promote and manage, providing general regulations necessary for its management, the development of the aquaculture activity within the territory of the Republic of Argentina, in accordance with the powers of the national Government, of the provincial governments municipal and/or of the autonomous city of Buenos Aires. The specific objectives of this law are as follows: to) promote comprehensive and sustainable development of aquaculture productive activity, orientation as a source of food, employment and profitability, ensuring the sustainable use of resources (soil, water, aquatic organisms); as well as the optimization of the economic benefits obtained under conditions of harmony with the preservation of the environment and biodiversity; b) propose territorial, the promotion, control and the control of the activity; (c) proceed to the preservation or recovery of aquatic resources of the national territory, through aquaculture restocking, if necessary and when so therefore it previous studies; (d) to promote the socio-economic, cultural and professional development of the aquaculture sector stakeholders, developing and/or improving mainly regional economies through specific programmes; (e) establish bases and mechanisms of coordination between the national, provincial, municipal authorities or of the city of Buenos Aires, for better fulfilment of the objectives of this Act; (f) supporting and facilitating scientific research, particularly that directed to aspects of technological development in the field of aquaculture; (g) establish agreements with provincial authorities for the implementation of one (1) national system of statistics on aquaculture (SINEA), as well as conventions of reciprocity for the continuity and expansion of the single national register of aquaculture establishments (RENACUA) in the Ministry of agriculture, livestock and fisheries; (h) promote training at all levels: producers, professionals, technicians, fishermen https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 craft, operators and students; (i) establishing the bases of production control in aquaculture, coordination with the competent authorities at the provincial level; (j) support the addition of value to the harvested product, boosting its marketing, quality, traceability, labelling and safety; as well as all other certification that serves its promotion and competitiveness on the national and international market with increasing volume in all its variants, in coordination with the competent agencies.
(Article 2nd - will be up to the Ministry of agriculture, livestock and fisheries: to) the promotion and exploitation of the resources to increase their production by crop, as well as its intervention in the field of production and introduction to the country of aquatic organisms, products and by-products of live aquaculture; (b) propose, develop, coordinate and implement a national policy for a sustainable aquaculture; as well as plans and programmes arising from it, in common agreement with provincial, municipal governments or of the autonomous city of Buenos Aires; (c) establish appropriate administrative and control which should satisfy the activity of aquaculture within their competence; (d) promote and implement actions aimed at the approval and harmonization between provinces and countries in terms of health, safety and quality of aquatic species through the national health service and agro-food quality (SENASA); (e) enter into agreements and implementing programmes of technical cooperation in aquaculture and propose positions related to this matter, to be presented by the national Government in various forums and international bodies, in coordination with the Ministry of Foreign Affairs and worship; (f) propose to the national executive branch budget with destination to the aquaculture sector, which should include the strengthening of the productive chain, management of the sector, its organization and training, research and infrastructure, as well as the corresponding budgetary allocation to the delegations present and future of the Ministry of agriculture, livestock and fisheries; (g) maintain up-to-date statistics concerning aquaculture production at the level of the national territory, by common accord with the provinces or by means of censuses carried out for that purpose; (h) to answer statistical of aquaculture of the country to the National Institute of statistics and censuses (INDEC) of the Ministry of economy and public finances, as well as the United Nations food and Agriculture Organization (FAO), and other organizations which are involved, with the corresponding originated at the provincial level.
Article 3 - the competent authorities in the field of aquaculture, at national and provincial levels, will encourage and promote possible crops to develop and the growth of existing production, as well as the quality of the products, their added value, its commercialization and competitiveness thereof; either of those aimed at the domestic and export market, in coordination with the competent agencies.
Article 4 ° - the national authorities will be empowered to hold conventions or agreements that lead to a coordination and collaboration with provincial in the field of aquaculture, as well as other countries. In the latter case, involving corresponding to the Ministry of Foreign Affairs and worship. They may participate actively in the network of aquaculture of the Americas, of which the Republic Argentina part through the Undersecretary of fisheries and aquaculture of the Secretariat of agriculture, livestock and fisheries of the Ministry of agriculture, livestock and fisheries (MAGyP).
https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 also, the mentioned Ministry designate their representatives to attend the meetings carried out in international fora on the treatment of aquaculture that are considered strategic and national importance, related to the activity.
Chapter II definitions
Article 5 ° - for the purposes of this Act, means: to) aquaculture: activity of cultivation and production of aquatic organisms (plants and animals) with total or partial life-cycle developed in the water, either fresh, brackish or marine in the territory of the Republic of Argentina and to develop according to any of the existing production systems or later develop by the effect of future technological advances, applied to the activity. Commercial aquaculture, involves the process of cultivation with human intervention and individual, partner or business, owned by populations under cultivation and in captivity; (b) aquaculture: any natural or legal person who, registered in the respective (national and provincial) existing records, determined by the competent authorities, exercise activity for commercial purposes or you run, for the benefit of its family support; (c) family aquaculture: farming system that produces aquatic organisms for the consumption of the family members and may also include a marketing of small scale (also called "rural aquaculture or agro-acuicultura"); (d) commercial aquaculture: cultivation of aquatic organisms whose purpose is the maximize the volume produced, as well as profits. It can be practiced in small, medium and large scale, either in water as brackish freshwater or marine, with using any of the recognized systems in the activity, through existing or future technologies that exist; (e) stock enhancement aquaculture: this type of aquaculture is intended to increase the populations of aquatic organisms in natural or artificial environments, practiced extensive level and low density. In general, it is based on the reproduction and production of fingerlings for stocking, and it is also classified as a "semi-acuicultura"; (f) aquaculture based on capture (ABC): also included within a semi-acuicultura, since the youth employees, are captured in environment; (g) aquaculture research: is the activity carried out by natural persons, legally enabled to gather knowledge related to activity in any of its stages, as well as the agents of pathogens that could affect organisms; (h) limited resources (AREL) aquaculture: is defined according to FAO (2010) as "the activity which is performed on the basis of self-employment, whether it is practiced either exclusive or complementary, in conditions of lack of one or more resources that prevent productive self-sustainability and the coverage of the basic family shopping basket in the region that develops". This definition according to the FAO, includes those producers carried out aquaculture as productive diversification to complement the satisfaction of their basic family shopping basket. Resources that may limit this activity are related to technologies, natural resources, management, market, capital, supplies and services for the aquaculture production chain. Is usually included in which in our country is classified as "family aquaculture" or "family rural aquaculture"; (i) granting aquaculture: all permission in the use of its powers granted provincial or national authorities competent for the usufruct of land for public spaces, whether natural or artificial, for purposes of inserting certain infrastructure and to proceed to a https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 aquaculture production; j) aquaculture permit: document issued by the competent authorities at national or provincial level that can carry out the activity under this Act; (k) introduction permit: document issued by the competent authorities, national or provincial, to the effect of the adoption of a request issued by a person concerned to import individuals and/or by-products of a species of aquatic organism, of native or exotic character that you want to introduce to the Argentine territory; (l) quarantine: time determined by the competent authority in animal health at the national level, to maintain observation aquatic organisms or their by-products from outside, through regulations or other regulations issued by the Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA); (m) certificate of health aquaculture and safety: official document issued by the concerned national service in which it is noted that produced aquaculture species are authorised for marketing or you can certify the facilities in which they occur, determining the exemption of disease-causing pathogens. "Aquaculture health" encompasses the set of practices and measures laid down in rules official, aimed at the prevention, diagnosis and control of diseases and pests that affect crop species. It is considered as "safety" to guarantee that products originating from aquaculture do not cause any damage to the health of consumers; (n) aquaculture Guide: document granted to cover transport via land, sea or air of products of aquaculture in live, fresh, or frozen within Argentine territory, as determined by the competent authorities in the matter; or) National Center for aquaculture development - CENADAC: body of the delegation of the direction of aquaculture of the national direction of fisheries planning of the Sub-Secretary of fishing and aquaculture; (p) resources: refers to the resources used directly in aquaculture activity, and can treat of culture susceptible aquatic species, their products and by-products live. Aquaculture are used also other resources, such as water and soil. (q) national register: the only national registration of establishments of aquaculture (RENACUA) where those farmers and people who produced and/or marketed live aquatic organisms must be registered (in the latter case, covers the ornamental aquaculture and trade of ornamental species). Registration in this register is mandatory and it runs in the direction of aquaculture of the national direction of fisheries planning of the Sub-Secretary of fishing and aquaculture; (r) SENASA: national health service and food quality, understanding in the health and safety of aquatic organisms live or processed. (s) craft: term referring to the enclosures or enclosures commonly called "cages" or others, such as lines or rafts intended for the cultivation of certain aquatic organisms, which are employed in cultivation of marine, brackish or fresh water order and which are suspended on the surface of bodies of water by means of boyados and anchored to funds with appropriate structures that immobilise them; (t) feral: exotic species that has been introduced to the country for a long enough time to have been adapted and distributed in certain bodies of water in the country, joining the wild life of the same. (u) processing: phase of aquaculture activity back to the harvest (also known as "post-harvest"), destined to the processing or use of the farming products obtained and/or its derivatives.
https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 chapter III systems and enclosures used in aquaculture article 6° - the main technologies used in aquaculture production, may develop in general, in various enclosures (infrastructures intended for cultivation), covering ponds, tanks, pools, pens, cages, flashlights or suspended lines and rafts (with their boyados and respective anchors), or other areas that may exist through future technological development earmarked for the activity. On the other hand, aquaculture production systems may be planned as extensive, semi-intensive and intensive, depending on the density used in cultivation and applied technology degree. These can be executed to "open sky" or "closure". The first depending on the temperatures in the selected site and the second, with increased investment, specifically prepared enclosures that have or circulation of water and fixation of main chemical and physical parameters, or, with production of bacterial outbreaks.
Chapter IV article 7 ° sustainable aquaculture - will be the sustainable use of their resources to the provinces and the nation aquaculture, conservation of the environment, the same necessary restoration and protection of those ecosystems which are carried out crop of fish or other aquatic organisms. For these purposes, national or provincial, authorities will proceed to the determination of the "carrying capacity" or "power support" them; in order to sustain the potential farming units. In this way, public, natural or artificial water systems subject to aquaculture production will be maintained, whenever possible, environmentally sustainable in time, supporting productions in accordance with their biological characteristics.
Article 8 - the Ministry of agriculture, livestock and fisheries, as enforcement authority, will participate along with the Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA) in studies for the determination of the presence or absence of diseases and the recognition of free zones and/or low prevalence of them and their sustainability over time. To do so, will be implemented programs of surveillance, developing them with the collaboration of the provinces and other entities involved. In addition, the mentioned national service, will develop within its National Plan for the health of aquatic animals, concerning the prevention and control of contingencies and monitoring, as well as regulations that are required for the maintenance of sustainable activity in all basins aquaculture of the territory by the characteristics of the exploited species. On the other hand, that body must comply with the development of the aquaculture of their interference in other matters to contemplate and comply with the services that are sued him for the aquaculture sector in the whole country.
Article 9 ° - provincial and/or national authorities shall determine the rules intended to regulate the capture of specimens of aquatic organisms in natural environments, in any of the phases of their life cycles, which were intended for aquaculture projects approved by the same. The necessary guidelines in the field of collection, acclimatization, handling and transportation is should also regulate, establishing appropriate penalties in cases that https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 they relate, in order to objectify the receipt and maintenance of own biological sustainability of these environments.
Chapter V vessels and enclosures to be used in article 10 public water bodies. -All vessels used in support of the tasks to be developed with the aim of aquaculture production in public bodies of water, must be registered in the Argentina Naval Prefecture (PNA) and carry the elements corresponding to the safety of navigation and the staff concerned. The "craft" to be devoted to aquaculture production standards originating in this body must also register.
Chapter VI health and safety article 11 aquaculture. -Monitoring on the health and safety of aquaculture products from aquaculture, from culture to their capture or harvest, within Argentine territory will spring from the Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA), and shall be subject to regulations issued by the same to create the necessary conditions, ordering the productions and the safe marketing of products arising from the activity and targeting consumer markets. Also, regulations and controls on the marketing of aquatic organisms for ornament, correspond to the aforementioned body.
Chapter VII the record national article 12. -The only national registration of aquaculture establishments (RENACUA) is in charge of the Ministry of agriculture, livestock and fisheries, through the Directorate of aquaculture, and has a public, maintaining the objective of compulsory registration of all stakeholders in the aquaculture sector, requesting information on the activities that they develop. Those crops to aquaculture for family domestic consumption, without any commercial sale are exempted from registration. In the case of introduction of aquatic organisms or by-products thereof, cultivation or marketing purposes, the aforementioned address will intervene, prior to the actions corresponding to the Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA) and the direction General of customs of the Federal Administration of public income (AFIP), autonomous entity in the orbit of the Ministry of economy and public finances.
ARTICLE 13. -Corresponds to authorities provincial and/or national grant permits or concessions, as well as the normal ratings in the case of the exercise of aquaculture, of any species of aquatic organism concerned.
https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 article 14. -In the case of species considered to be exotic, that they were authorized by the respective competent authorities for its cultivation and production, will be the responsibility of the own farmer ensure the containment of individuals under cultivation in the area of his holding, impeding their access to the waters that drain into the watersheds of the Argentine territory or watersheds shared with neighbouring countries in terms of species of fresh or brackish water and towards the sea, in the case of marine species; for the purpose of avoiding, as far as possible, any genetic contamination of the own native fauna.
ARTICLE 15. -Capture, introduction and cultivation of aquatic organisms for aquaculture of research, including those bodies considered to be exotic to the country, must be authorized by the competent authorities at national and provincial levels, as appropriate. The results obtained from investigations that are carried out by public bodies, must be disseminated by means deemed appropriate, with the aim of reaching interested aquaculture sector and the community.
ARTICLE 16. -The bodies responsible for the management of the resources destined to cultivation and aquaculture production, whether at national and provincial level, may request the information they deem necessary at any time on sample of biological material or background in the own records that farmers must imperatively to keep in their establishments. This purpose shall be to, the generation of reliable data that respond to statistics or to other aspects that directly affect the subject aquaculture in general.
ARTICLE 17. -It is prohibited the loose or planting of exotic or genetically modified, characterized aquatic organisms in accordance with the existing terms in the specific legislation around the world, in any aquatic environment of the national territory, as well as indigenous aquatic organisms, without the prior authorisation of the competent authorities in the matter.
Chapter VIII of the training and research article 18. -Training issued by the national State or provincial States, within any order concerning aquaculture activity, will be oriented to a greater transfer of technology development achieved, knowledge and practices in the management of crops and the sustainability of the activity with respect to production, with the application of the "good practices of management and manufacturing in aquaculture" referred to this activity on the species that are referred to supporting the aquaculture sector to do so.
ARTICLE 19. -Shall be responsible for the initiative of the public authorities (national and provincial) the promotion of activities, encouraging research and the training of professionals, technicians, and students, as well as the labour force employed in institutions, by means of activities to this effect in the different areas mentioned. It also invited private activities to attend and contribute to these important aspects. From the States, it will be important to promote the implementation to the "good practices of management and manufacturing in aquaculture" both to promote biological and economic sustainability, as to make the https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 aquaculture projects friendly with the environment. The transfer must be performed for each species or groups of species in particular (herbivores, omnivores and carnivores). It should be promoted also the care and welfare of animals under cultivation, empowering the producer in all those certifications in reference to technologies of processing and value addition, related to products caused by the sector.
ARTICLE 20. -The national and provincial authorities shall endeavour to promote and coordinate actions with the respective authorities of science, research and innovation, as well as with the ministries of education of national or provincial level, participation and linkage of educational institutions, research centres and universities for the development and execution of applied research and technological innovation projects directly linked to aquaculture production. Promote especially biological and technical studies for the development of those native species potentially suitable for cultivation and production in the country. They must also contribute to the development of activity in schools of agrotecnico character or specialized secondary, which materialise the subject aquaculture in its curricula and wish to educate their students in this.
ARTICLE 21. -The authorities in aquaculture, both at national and provincial levels to promote within its possibilities, the construction of the necessary infrastructure is show where missing, for the purposes of a technological development that is orderly, sustainable and transferable to producers and potential within the main crops suitable for the territory aquaculture, as they will also provide a strong support to the productive sector , in each of the aquaculture of the basins.
Chapter IX of the inspections and sanctions article 22. -The inspections provided for by the authorities will be spring national, provincial, municipal public power or of the city of Buenos Aires, according to the powers that hold each one of them.
ARTICLE 23. -Behaviors and activities harmful to aquatic natural resources and the environment, within and in the vicinity of the facilities of the production facilities for development of aquaculture activity, shall be punished to your checking, by the competent authorities at the provincial or national level.
Chapter X processing of products aquaculture article 24. -The activities of production and marketing of aquaculture products must comply with standards of health, hygiene, security, safety and well-being of the animals under cultivation, as well as the preservation of the environment-friendly and will be subject to the specific rules from the national and provincial bodies in these matters and as appropriate.
https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 chapter XI of Council Federal agricultural article 25. -Create the Commission of aquaculture of the Council Federal agricultural (CFA) that will consist of four (4) sub-committees, one (1) each region aquaculture in order to support, coordinate, arrange and harmonize regulations between provinces and nation as well as manage the creation and monitoring of development programmes; being convened at a minimum one (1) time per year. The Commission will be chaired by the head of the Department of fisheries and aquaculture or his designated representative and the subcommittees, for whom he designates. You will be invited to all provinces to formalize their participation, sending a representative to each of the above-mentioned subcommittees. The Committee and its subcommittees, as part of the Federal agricultural Council, will be intended to work on the proposition of policies and instruments to support development, dissemination, promotion, training, productivity, regulation and harmonised control of aquaculture and its value chain; as well as to increase their competitiveness in their productive sectors. In addition to the provincial representatives, subcommittees will invite to participate of the same one (1) representative by the Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA); one (1) by the Ministry of environment and development sustainable of the Cabinet of Ministers; one (1) by the Instituto Nacional de Investigación y Desarrollo Pesquero (INIDEP); and one (1) by the Center for research of fisheries technology and foods regional CITEP (INTI). The sub-committees may invite in turn, and when deem necessary, depending on the topic, one (1) member of a non-governmental organization linked directly or indirectly to the aquaculture sector.
Chapter XII of the stimuli for the increase of the production article 26. -The application of fiscal, economic stimulus and financial support or any other mechanism for the promotion and productive and sustainable development of aquaculture, will be coordinated with agencies and relevant national and provincial entities in the matter. Thus, promote land use and growth of aquaculture and structures and mechanisms for the granting of specific credits for the activity, as well as other forms of benefit shall be designed to their current and potential actors.
ARTICLE 27. -Aquaculture products will be considered agricultural products to any effect. National and provincial agencies put in place concerning the federal transit regulations incorporating the respective Guide throughout the territory of the country. Live aquaculture products intended for human consumption are excluded from the scope of law 22.241.
Chapter XIII regime of promotion and development for the growth of the aquaculture Sector article 28. -Created a regime of "Promotion for aquaculture" refundable, with the exception of https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 mentioned in article 37 of this law. To do so, shall be to establish a "fund national for the development of activities aquaculture" (aluminium), intended for aquaculture operations that may be originated in an agricultural diversification or activities with screening of "small scale", SMEs, semi-industrial or industrial sites considered, with fitness for such development within the national territory (in marine, brackish and continental environment) they have already been initiated or will initiate. The present regime governed the promotion of activity for the whole territory and Islands of the Republic governed by the scope and limitations laid down in this law and the complementary norms that dictate the national executive power in its consequence.
ARTICLE 29. -Activities related to the development of aquaculture, included in the regime established by this law, shall cover the phases of each crop, whether that activity is considered as a production "vertically integrated" comprising all the specific life cycle phases: reproduction, hatchery, pre-fattening and fattening of the species alongside their harvest and post - harvest; Alternatively, a "non-vertical" production that includes only the phase of production of fingerlings or well, the pre-fattening, fattening. The contributions of the aluminium may be requested for the purchase of building materials for infrastructure; various inputs; food processing machinery; sorting fish; tractors and shovels mechanical or others; as well as those aimed at the improvement of the production and/or quality of the products obtained; development of technologies for cultivation of aquatic species adapted to each one of the systems of production; promotion of the associative enterprises, compliance with sanitary control programs; access to the commercialization and marketing of the finished products obtained, added value generated by the producer or by cooperatives, associations or other forms of integrators, where producer shows direct and active participation.
ARTICLE 30. -The aquaculture activity will take place through the use of practices that are framed within the criteria for sustainability of natural resources used in its development, and within the parameters of the environment. The implementing authority shall be required, among other requirements, studies of determination of potential environmental impacts when the projects submitted can be considered serious risk to the same criteria, derived from own production and may impose requirements to comply it will verify periodically, and may define the conditions of the respective studies when it deems appropriate.
ARTICLE 31. -Will benefit from this scheme of promoting natural or legal persons who develop aquaculture activity, up to a maximum of a thousand tonnes (1000 t) annual considered as biomass "live", in whose crops have as objective to aquatic organisms (dependent wholly or partially of water by their life cycle), character animal and plant, provided that compliance with the provisions in the body of this law should be observed. It shall be duty of the beneficiaries of this scheme reporting every three (3) months before the enforcement authority, with character of affidavits, in which the progress of the approved investment project, along with the amounts and destination to awarded funding will be detailed.
ARTICLE 32. -The effect of benefit from the established regime, producers must submit an "aquaculture project" opposite the corresponding authority responsible for applying this regime in the provinces attached to it, in which producer develop or intends to settle down and plan their production. The project must prove its biological, technical, environmental and economic viability. After its approval by the respective provincial authority, the submission will be forwarded to 0 https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 authority of national application, that no more than (ninety 90) days must be issued on time from its receipt. The proposals presented for the benefit of the aluminium can be annual or multiannual nature.
ARTICLE 33. -The enforcement authority designate an official to act as co-ordinator of the present regime of promotion, who will have to charge the same application and develop their activities, acting as joint with a Technical Advisory Committee for aquaculture.
ARTICLE 34. -Create the Advisory technical Commission for aquaculture (CATA) in the field of the Ministry of agriculture, livestock and fishing focus to the present regime with consultative status, with the considerations outlined in articles 36, 37 and 38 of the present.
ARTICLE 35. -The Technical Advisory Commission for aquaculture (tasting), will be chaired by the Minister of agriculture, livestock and fishing or who himself delegate, and will be integrated by the national coordinator of the regime by the said Ministry and titular and alternate members on behalf of the agencies listed below are nominated: one (1) by the National Institute of agricultural technology (INTA); one (1) by the Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA); one (1) by the Secretariat of environment and sustainable development; one (1) by the Instituto Nacional de Investigación y Desarrollo Pesquero (INIDEP); and one (1) by the Center for research of fisheries technology and foods regional CITEP (INTI). TASTING will meet monthly to assess Alternatively, projects previously selected by the respective provinces, for each of the basins aquaculture comprising the territory, with the participation of the provinces belonging to them. TASTING will also act as an advisory body to recommend sanctions that should be applied to holders of the benefits when they do not fulfil the corresponding obligations to the enforcement authority. Designated officials will serve on an honorary basis.
ARTICLE 36. -The members of the tasting will be entitled to vote. This Committee may incorporate, if necessary consultation, other representatives of non-governmental organizations, who will not have voting rights.
ARTICLE 37. -The authority of application or his delegate will dictate the rules of procedure for the functioning of the Advisory technical Commission for aquaculture. The tasting is authorized to sign agreements with governmental and non-governmental organizations which meet functions of development in the social sector for the purpose of optimizing the projected assistance. If the projects presented constitute a support of social order (activity called "autosustento"), which do not comply with the condition of being economically profitable, but dedicated to the activity of aquaculture, land or aquatic environment with suitable conditions, they will have access to the receipt of contributions in this scheme and in this case, the funds given are not refundable.
ARTICLE 38. -The enforcement authority shall convene once a year a national forum of aquaculture production or aquaculture table. It will be integrated in the following way: to) a (1) principal representative and one (1) alternate of the provinces adhered to the regime, by each region aquaculture;
https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 1 (b)) a holder (1) national staff and one (1) alternate by agencies of the Advisory technical Commission for aquaculture; (c) one (1) representative of the holder and one (1) alternate of universities and/or research by region aquaculture centres; (d) one (1) holder representative and one (1) alternate by associations or chambers of aquaculture by region aquaculture sector; (e) one (1) holder representative and one (1) alternate by the Instituto Nacional de Investigación y Desarrollo Pesquero (INIDEP); (f) a (1) principal representative and one (1) alternate by the Center for research of fisheries technology and foods regional CITEP (INTI). Its aim will be to analyze the situation of the sector and the application of the present regime of promotion for the development and growth of the same. The Forum may make consensus recommendations that serve as guidance to the enforcement authority and the Advisory technical Commission for aquaculture.
ARTICLE 39. (- The aluminium will be integrated with: a) a game of the national budget for a period of ten (10) years included in the budget of the Ministry of agriculture, livestock and fisheries not less than one percent (1%) of the budget of the Ministry; (b) tariffs from the issuance of authorizations for the practice of aquaculture; (c) grants and contributions of international, provincial agencies and the producers themselves; (d) recovery of the amounts that were granted by the own aluminium nature of reimbursable funds; (e) penalties originated in sanctions applied to producers (paragraphs a, b and c of article 46 of this law); (f) Fund-raising expected otherwise legally.
ARTICLE 40. (-The authority of implementation, after consultation with the tasting, may allocate annually up to twenty percent (20%) of the funds of the aluminium to other actions of general support for the development and growth of aquaculture, such as: to) carry out campaigns of the present regime; b) performing censuses to the effect of the knowledge of producers, hectares under cultivation or volume produced; (c) conduct market research with transfer to producers; (d) actions of opening or maintenance of markets; (e) support farmers in cases of natural disaster emergencies or in serious and urgent cases affecting health agencies in production and which exceed the budgetary capacity of corresponding specific national and provincial agencies; (f) support the financing of studies at the level of soils, water and determination of "carrying capacity" of the fresh water bodies for aquaculture to determine the extent of provincial concessions to be granted; (g) support the financing of studies on pathologies of the species under cultivation, determine reportable diseases-free zones internationally, and determine actions to be carried out in conjunction with the corresponding national implementing authority; (h) to support the realization of workshops and training seminars for producers, workers permanent settlements of aquaculture production, fishermen craft fluvial and maritime potential of aquaculture production, technical and (national and provincial) professionals involved in the formulation, evaluation and implementation of plans and investment projects submitted to qualify for this https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 2 regime.
ARTICLE 41. -The enforcement authority, after consultation with the tasting will establish the criteria for the distribution of funds from aluminium, giving priority to those areas of the country that maintain significant importance in aquaculture production, to the roots of human populations by its qualities and skills, supporting socio-economic actions, and allocating them to those investment projects that increase production and the occupation of specialized and not specialized workforce. Up to five percent (5%) of the funds of the aluminium is may allocate annually to offset administrative costs, human resources, equipment and travel expenses, both at the national level, and provincial, municipal and autonomous city of Buenos Aires, that demands the implementation, monitoring, control and evaluation of the present regime. Up to ten percent (10%) of the funds of the aluminium is may allocate annually for subsidy programs of rate of bank loans which can be implemented in the future within the framework of this law.
ARTICLE 42. -The financial benefits provided for in the following articles of this law, shall remain in force for a period of ten (10) years since its enactment.
ARTICLE 43. -The funds requested by applicants to these benefits, once submitted and approved their projects before the enforcement authority, will be awarded to the respective contract with each producer or potential producer as beneficiary, or an association or cooperative incorporated, which may be the same investments that are listed below and in the percentages determined in this article (, provided that its social object highlighted expressly aquaculture activity: to) up to one hundred per cent (100%) of the amount requested for the acquisition or rental of machinery intended for the movement of Earth for preparation of terrain and construction destined to cultivation excavated ponds, water reservoirs, as well as the construction of "raceways", vats, tanks, vats of purged , tables, rafts and "long-lines" net pens (including appropriate networks) for cultivation of fish, elements for cultivation of bivalve molluscs, accompanied by its rigid parts and anchors for their sustainability in the water (marine or freshwater) or other system used in current aquaculture production or to develop in the future with proven technology, as also acquisition costs of pumps and water and construction of wells and jacketed extractors. May also request amounts for the construction of a laboratory for breeding and Fingerling primary or as laboratory or "hatchery" of quarantine for any cultivation water body, as well as for monitoring maintained production, shed Guard elements, acquisition of tractor to the activity of aquaculture, rotary cutter for maintenance and cleaning of premises, coupled transport of water and loads (with the exception of motor vehicles type truck or car); including boats or motor boats were outboard of up to 40 HP, trailer and elements of diving to be devoted to tasks of aquaculture (different stages of the production of an aquatic organism, depending on the species and culture developed system); (b) up to fifty percent (50%) of the value of animal feed intended for the cultivation of the / selected species/s s / s purchased at national retailers, according to planned production volume intended it to; equally for acquisition of medicines and fees from health care due to prevention of diseases or pathologies demonstrably detected during any stage of the production cycle of the species under cultivation or , delivery cost of analysis https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 3 and controls Laboratory determined or to be determined by the competent health authority and other necessary certifications based on compliance with national and/or international regulations; (c) up to twenty percent (20%) the procurement of breeding animals for onset of the activity or "seed" (larvae and/or juveniles) depending on the proposed project; (d) up to fifty percent (50%) of the costs of projects to obtain certifications of quality, origin or organic production. The enforcement authority will regulate the conditions of granting of the amounts of types of repayable funds by setting a minimum grace period of thirty (30) months and securing the interests that will be applied to them.
ARTICLE 44. (-The beneficiary aquaculture shall have the following tax benefits: to) Elimination of import tariffs for machines included in the projects, when there was no domestic production; (b) early repayment, in the tax, of one hundred percent (100%) in two (2) years, of the value of the equipment acquired for the approved project. Tax benefits described in this article, will last no more than two (2) fiscal years from the granting by the corresponding authority.
ARTICLE 45. -The present regime will apply in provinces that expressly adhere to it. To qualify for the benefits of this law during the implementation of this scheme, the participating provinces must: to) designate a provincial agency responsible for the implementation of the present regime, which shall comply with the procedures established in the regulation of the same within the set deadlines, coordinating the functions and services of the provincial and/or municipal agencies responsible for aquaculture development , with the enforcement authority; (b) declare exempt from the payment of taxes of seals from acts of activities covered in the present regime, except that the province used funds raised by this concept to the implementation of direct action in favour of aquaculture production; (c) respect the inviolability of the investment projects approved by the appropriate authority; (d) declare to be exempted from the payment of the tax on gross income or other that replace it or supplement in the future and that payable in respect of the gainful activity generated in investment projects that are benefited by this law; (e) eliminate the collection of guides or any other instrument that would tax the free circulation of elements intended for production to get or already obtained, in investment projects benefited by this law; (f) at the time of accession, the provinces must be informed clearly what benefits and deadlines will be awarded. En_el_caso_de_que the benefit is granted by subsection e) of this article, from the municipal authorities or of the autonomous city of Buenos Aires, them must necessarily adhere to regime adopted in the present law and provincial standards of accession, establishing limited benefits to be granted.
ARTICLE 46. (-Any infraction • the present regime and regulations that are handed down, in their consequence shall be punished, in gradual and cumulative, with: a) total or partial forfeiture of the benefits granted; (b) reimbursement of the total amount granted by the aluminium or other assistance provided by the State or provincial. In all cases the amounts will be recharged to reintegrate with the updates, https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 4 interest and penalties established legal regulations at the national level; (c) refund of taxes not admitted because of the promotion; (d) payment to provincial, municipal administrations or of the city of Buenos Aires from the amounts of taxes, fees or any other provincial, municipal contribution or of the autonomous city of Buenos Aires not paid according to what rules the provincial, municipal, or of the autonomous city of Buenos Aires. The authority of national application, a proposal from the tasting, will impose the sanctions indicated in subparagraphs to), b) and (c)), and the affected provinces impose sanctions set forth in paragraph d). Regulations will establish the procedure for the imposition of sanctions, ensuring the right to defence of the producers. Chapter XIV article 47 information system. (-The Ministry of agriculture, livestock and fisheries, establish, operate, and maintain up-to-date, the national system of statistics on aquaculture (SINEA), referred to in article 1, subparagraph g) of this Act, consist of data that provide the provinces, which must be implemented at the same time, its own records of productions by establishment existing in their territories. Producers be sampled to the aquaculture sector, will provide mandatory, between the months of May to June each year, estimated production data, the direction of aquaculture, through the respective provincial authority. In the event that a province has numerous producers of "family or rural aquaculture or agro-acuicultura", please inform the national competent authority on produced volumes, identifying them by species, which are obtained at the end of the year it is. The direction of aquaculture will be responsible for communicating the overall statistics of the country through the portal of the Ministry and communicate it to the National Institute of statistics and censuses (INDEC), as well as other international organizations in which a holding subsists.
ARTICLE 48. -Inside of the planning and execution of the actions carried out by agencies and Government entities, both national and provincial, in accordance with their respective areas of competence, and in the exercise of their respective powers, shall observe guidelines which, by common agreement, are considered strategic for the aquaculture Sector, emphasizing the integration of cooperatives or associations to the producers and participating at the same time , of other schedules that may arise about different aspects to address as part of national and international organizations. Chapter XV of the budget to assign article 49. -The Ministry of agriculture, livestock and fisheries through the Undersecretary of fisheries and aquaculture, estimated and integrate within your budget to submit annually to the National Executive, the corresponding to the development of aquaculture within the territory, which includes expenditures for the aluminium and the directed to the operation and maintenance of their delegations present and future.
Chapter XVI of this law
https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 5 50 article. -The provinces and the autonomous city of Buenos Aires are invited to accede to this Act.
ARTICLE 51. -The national executive power, will regulate this standard in one nongreater term to the hundred and twenty (120) days of its enactment.
ARTICLE 52. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO IN BUENOS AIRES, THE TWENTY-SIXTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER NO. 27231 - JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -John H. Estrada.
Date of publication: 04/01/2016 https://www.boletinoficial.gob.ar/pdf/linkQR/WkowdXpCWGVoSHRycmZ0RFhoUThyQT09 6