LEY NÚM. 21.651

MODIFICATE THE GENERAL LAW OF PESCA AND ACUICULTURA IN THE AMBITO OF BENTRONIC RESOURCES

Bearing in mind that the H. National Congress has approved the following

Bill:

"Article 1 Amend Law No. 18,892, General on Fisheries and Aquaculture, the consolidated, coordinated and systematized text of which is contained in Supreme Decree No. 430 of 1991 of the Ministry of Economy, Development and Reconstruction, as follows:

(1) Article 1 A:

(a) Incorporate, in the second subparagraph, following the word "right", the vocablos "and duty".

(b) Replace, in the third paragraph, the phrase "exploration and exploitation" with "exploration, exploitation and conservation".

(2) In the first paragraph of article 1o C:

(a) Interchange, in verbatim (f), following the word "aquatic", the following phrase: "and the impact of benthic resource ecosystems".

(b) Add the following subparagraph (k), new:

"k) to ensure that proper coordination exists between the different organs of the State Administration with competences in matters of safety and health of human and working life at sea. The foregoing, in order to ensure that its activity is continuously directed towards ensuring that the performance of the staff and the divers is carried out taking into account the standards of hygiene and safety provided for in the current legislation, in order to reduce the occurrence of occupational accidents and diseases, and to improve the investigation and reporting of these sinisters and the timely access to the respective social security benefits. ".

(3) Amend article 2 as follows:

(a) Intercálase, in numeral 1), between the expression "cazar," and the word "segar", the following: "extraer,".

b) Incorporate, in numeral 25 bis, after the word "fishers", the expression "and/or fishers".

c) Incorporate, in the first paragraph of numeral 26 bis, between the expression "fishing vessels" and the following comma, the phrase ", transport vessels".

(d) Incorporate, in the second paragraph of numeral 28, after the word "fishers", the two times it appears, the expression "and/or fishers".

(e) Amend paragraph 3 (a) of paragraph 28 below:

I. Incorporate, in its first paragraph, after the word "fisher", the vocablos "or the fisherman".

ii. Add, in its second paragraph, after the word "fishers", the vocablos "and/or fishers".

iii. Replace, in its final paragraph, the phrase "properly such and the divers" for "who have obtained the corresponding license from the Maritime Authority".

(f) Replace, in the third paragraph (b) of paragraph 28, the phrase "pattern or crew member", with the following: "pattern or patron, crew member or assistant or divers".

(g) Incorporate, in paragraph 3 (c) of paragraph 28, the following final paragraph:

"The exercise of this activity will consider the risks in the occupational safety of divers. The State may generate actions to monitor, through the competent institutions, the working conditions and health of persons engaged in diving work. ".

(h) Replace number 47 below:

"47) Veda: administrative act established by the competent authority by which it is prohibited to capture, hunt, extract, reap or collect one or more hydrobiological species in an area and for a given period, in accordance with the following purposes:

- Biological Veda: ban established in order to safeguard the processes of reproduction, breeding and/or recruitment. The incorporation of juveniles into stock will be understood by recruitment.

- Extractive vein: prohibition established for purposes of conservation or management.

- Extraordinary Veda: a ban established when oceanographic phenomena adversely affect a fishery.

The fence may contemplate the ban on the commercialization, transport, processing, nigging, processing, transformation or storage of the ordnance and the products derived from it. ".

(i) Incorporate the following numerals (73), 74), 75), 76), 77), 78), 79), 80 and 81), new:

"73) Benthic resource: hydrobiological resource that is preponderant part of the life cycle with direct association to a substrate or seabed, which belongs to urocordados, invertebrates or algae groups.

74) Benthic landing: fishing vessel registered in the Artisanal Fisheries Register, which has the necessary equipment to serve as a buzos operating platform authorized to carry out extractive fishing activities on benthic resources.

75) Extractive unit of benthic resources: it corresponds to the productive unit formed by the benthic vessel and at least one diver and its corresponding assistant, without prejudice to the necessary support of fishermen and/or artisanal fishermen required, in accordance with the regional reality and the minimum level of security established by the current regulations.

76) Extract techniques: procedures for the extraction of benthic resources executed directly by a diver, collector or picker of shore, alguero or alguera and/or apnea diver, which may involve the use of specific utensils to facilitate capture. They will be established according to the species, region and category of fisherman and/or fisherman by resolution of the Undersecretariat.

77) Extracting tools: implements or tools used in the extraction of benthic resources.

78) Management action: intervention aimed at generating, increasing and/or directly or indirectly maintaining the productivity of the main species of the management plan. Each management action should be technically justified and ensure the sustainability of the hydrobiological species present in the area and the ecosystem. Their implementation should not conflict with the existing provisions, and should be authorized through a well-founded resolution, where appropriate.

79) Natural bank: grouping of individuals who naturally inhabit a delimitable space, forms part of the population of a benthic hydrobiological species and has different attributes of other groups of the same species in the range of its natural distribution, in terms of abundance, expressed as density or coverage, within that space.

80) Algae range: algae grouping that naturally inhabits a delimitable space, forms part of the population of a species of algae and has different attributes of other groups of the same species in the range of its natural distribution, in terms of abundance, expressed as density or coverage, within that space.

81) Barreteo: extraction of complete specimens of algae by removing their attachment discs from the substrate with special utensils. ".

(4) Amend Article 3 in the following terms:

(a) Replace, in the first and second paragraphs of verbatim (a), the phrase "by species", with the following: "for one or more species".

(b) Incorporate, in subparagraph (a), the following final paragraph, new:

"Respect of benthic resources, during periods of veda, the respective decree may authorize extraction exclusively for the purpose of fresh human consumption, which may not be transformed into process plants, having to indicate the amounts to be extracted, which may not exceed 0.5% of the global quota of capture or 0.25% of the regional disembarkation of the previous calendar year, for those fisheries that do not count."

(c) Replace the second paragraph of paragraph 2 of paragraph 9:

"However, in the case of the fishery of benthic resources, when the maximum sustainable yield is not technically applicable or is not feasible its estimate, the respective Technical Scientific Committee shall supplement its use by other biological reference points or local or regional biological or fisheries indicators, based on the available information and the particularities of the resources concerned."

(5) Replace article 4 (b) with the following:

"b) Fixing the dimensions or characteristics of fishing arts, fishing gears, techniques and extraction utensils. ".

6) Incorporate the following article 5o ter, new:

"Article 5o ter.- The Undersecretariat by resolution shall establish an algae payroll whose extraction shall be prohibited through the sweep. ".

(7) Amend article 9o bis as follows:

(a) Replace subparagraph 1 with the following:

"Article 9o bis.- For the administration and management of one or more fishery of benthic resources, the Undersecretariat may establish a management plan applicable to all or part of a region or regions, which should contain the mentions of article 8o and consider a maximum number of fishermen and/or fishers that admit the respective fisheries, according to the status of the resources and the levels of fishing effort that propend on the biological, economic and other fishermen. In addition to the mentions, such plans may include strategies for the monitoring, detection, control or eradication of pests, which should be considered in the development of the respective programmes. ".

(b) Intercálase, in the second paragraph, between the word "integren" and the point and then, the following phrase: ", vessels, including conveyors, process plants and marketers and all those agents that recognize the management plan as direct and relevant actors of the fisheries".

(c) Incorporate, in paragraph 3, the following subparagraph (h), new:

"h) Establishment of temporary shelter zones in which extractive fishing activity on benthic resources will be restricted according to the purposes established in the or the respective management plans, where properly justified research, monitoring and management actions can be carried out."

(d) Intercálase, in the fourth paragraph, after the point and apart, which becomes point and followed, the following: "The plan may also contemplate the mandatory implementation and use of satellite positioning devices in the sea, for those categories of participating vessels defined in the management plan, including those of transport. Likewise, the mandatory presence of scientific observers in ships, points of management of plants can be established. ".

(e) Replace subparagraph 5 with the following:

"For the preparation of the proposal, implementation, evaluation and adequacy of the management plan, if appropriate, the Undersecretariat shall constitute a Management Committee which shall be an adviser and shall be chaired by the officer designated by the Assistant Secretary. The Committee shall consist of (a) a representative of the Directorate-General of the Maritime Territory and of the National Merchant Marine; (b) a representative of the Service; (c) a representative of the Regional Ministerial Secretariat for Economics, Development and Tourism; (d) not less than 2 or more than 7 representatives of the fishermen and/or artisanal fishermen registered in the or the fisheries concerned; (e) two representatives of the production plants; ".

(f) Interclude the following sixth and seventh subparagraphs, and the current sixth and seventh paragraphs to be eighth and ninth respectively:

"In the case of multi-specific management plans, rotative representation should be contemplated for representatives of the private sector corresponding to process plants, marketers and those private agents directly linked to the productive chain of resources.

The rules of procedure shall determine the manner of designation of the members of the Committee, the causes of cessation and its functioning. ".

(g) In the final paragraph:

I. Incorporate, after the word "fishers", the expression "and/or fishers".

ii. Replace the point and apart by a comma, then add the following phrase: "and all those agents who recognize the management plan as direct and relevant actors of the fisheries."

8) Please refer, following article 9o bis, to the following article 9o ter, new:

"Article 9o ter. Without prejudice to the powers of the Management Committees with regard to the elaboration of the respective plans, they may be consulted on any other matter to which the Undersecretariat deems appropriate to know their opinion. In addition, the Management Committees, through the Regional Consultative Councils of the National Institute for Sustainable Development of Small-scale Artisanal Fisheries and Aquaculture, may submit proposals and information for the formulation of programmes associated with the development, strengthening and diversification of the sector linked to the respective fisheries. ".

(9) Replace the chapeau of Article 9 A with the following:

"Article 9o A.- In cases where a fishery is in a state of overexploitation or depleted, in accordance with the biological benchmarks determined or, in the case of benthic resources, of the biological or fishery indicators of the respective local or regional scale, it must be established within the management plan, following the agreement of the Management Committee, a recovery programme that should consider at least the following: "

(10) Deflect the letters (b) and (e) of article 48.

(11) Amend article 48 A as follows:

(a) Incorporate the following subparagraph (d), new, using the current subparagraph (d) to be verbatim (e):

"(d) To have the obligatory use of a satellite positioning system and the presence of scientific observers, within the framework of those benthic resource management plans that define such a requirement for the purpose of fisheries management. ".

(b) Incorporate the following (f), (g) and (h), new:

"(f) Authorize the installation of artificial reefs, in accordance with the regulation referred to in the third paragraph (e) of Article 9o bis of this Law, which shall bear the signatures of the Ministers of National Defence and of Economics, Promotion and Tourism, and require, where appropriate, the channels that the regulation provides, in those places where a suitable substrate can be provided for hydrobiological resources that are subject to this action of competent maritime authority.

This authorization may be granted within the reserve area for artisanal fishing defined in Article 47, but before installation it must be credited to be holder of a maritime concession in accordance with the regulations that enable the authorized sector to use. In the area of management and exploitation of benthic resources, and marine coastal spaces for indigenous peoples, the installation of reefs will be subject to its respective regulations and the provisions of the regulations.

When the concession is extinguished, the reefs installed will become a fiscal improvement, without prejudice to the fact that their withdrawal can be requested, in accordance with the regulations.

(g) To temporarily suspend the extractive activity carried out through one of the techniques and utensils defined in article 2(76) and 77, respectively.

(h) Establish criteria and extraction limits for specified periods. ".

(12) Amend article 50 as follows:

(a) Incorporate, in the first paragraph, after the words "fishers", the expression "and/or fishers".

(b) Incorporate, in paragraph 5, after the words "fishers", the expression "and/or fishers".

(c) To consider the following sixth subparagraph, as new, from the current sixth to tenth paragraphs to seventh to eleventh paragraphs, respectively:

"The operations of the benthic fleets can be established in two or more regions, which will be subject in their exercise to the manner and conditions established in the Management Committee made up of the regions in which the operations are developed. However, operations will have effect only if there is a report of the Scientific Committee on Bentonic Resources that proves that the conditions of sustainability and maintenance of the fishing effort will be met. For the performance of the operations, the Undersecretariat may, by resolution, take the measures of article 9o bis, paragraph 3.

(d) Add in the sixth paragraph, which has become the seventh paragraph, following the phrase "with the exception of vessels registered in benthic resources", the following: "whose use shall be conditioned to what is determined for these cases in the respective management plan."

(e) Introduce the following modifications to subparagraph 8, which has become subparagraph 9:

I. Insert, then the word "replace", the phrase ", and the criteria of priority,".

ii. Please enter, after the point and apart, which becomes a point and followed, the following: "The determination of vacant registrations for benthic fisheries, where appropriate, may consider the recommendations of the respective Management Committee or the consultation with the organizations of fishermen and/or legally constituted fishers and whose members have inscription in benthic fisheries, in accordance with the provisions of Article 9. For these purposes, both the criteria and the procedure shall be established by resolution. ".

(13) Amend article 50 A as follows:

(a) In the second subparagraph:

I. Delete the penultimate prayer.

ii. Add, after the point and apart that becomes point and followed, the following final sentence: "For small-scale artisanal fisheries, the Undersecretariat may delimit the regional payroll to a specific territorial unit."

(b) Reference is made to the following new third, fourth and fifth subparagraphs, with the current third and fourth subparagraphs being sixth and seventh respectively:

"In an independent way, considering the ecosystem and multispecies approach, the Undersecretariat shall establish, through a resolution founded on a number of benthic fisheries by region, which shall consider fishing techniques or utensils as appropriate, the hydrobiological species that constitute resources and the category of fisherman and/or artisanal fisherman that may extract them.

In the case of Rapa Nui, the Archipelago of Juan Fernández e Islas Desventuradas, the Artisanal Fisheries Registry of all fisheries will be independent of that of the Region of Valparaíso.

In the small-scale artisanal fisheries that exist in the national fisheries payroll indicated in the second subparagraph, the coastal demersal fish fish fish fish fisheries should be contemplated. By established resolution of the Undersecretariat, the species that, in accordance with their state of conservation, may be enabled for the categories of diver and collector or picker of shore, alguero or alguera and apnea diver registered in the Artisanal Fisheries Register. The number of vacancies in the coastal demersal fisheries of rock fish, and the priority criteria for their allocation, will be determined by the Undersecretariat, according to the state of conservation, criteria of recurrence in the operation and levels of fishing effort that prone to the fulfilment of the objectives of the law. ".

(14) Amend article 50 B as follows:

(a) Intercálase, in the first paragraph, between the "fisher" and "artesanal", the term "or fisherman".

(b) Enter, in the second paragraph, following the expression "of all categories,", the phrase "with the exception of those of diver and collector or picker of shore, alguero or alguera, or apnea diver,".

c) Add, in the sixth paragraph, after the word "fisher", the vocablos "or fisherman".

(d) Add, in the ninth paragraph, after the word "fisher", the vocablos "or fisherman", and intercálase, between the phrase "the following subparagraphs" and the point and apart, the following: "or through the declarations of disembarkation of the organizations holding a management area of which it is integral. In the case of coastal collectors who are not members of an organization that owns a management area, the usuality will be credited through the declarations of respective artisanal disembarkation".

(e) To replace, in the eleventh paragraph, the phrase "In the case of divers and fishermen", by the following: "In the case of divers and fishermen and fishermen".

(f) In the thirteenth paragraph, read the words "sea", "conyuge, convivant civil or".

(g) Replace the fourteenth paragraph with the following:

"The habituality of women shall be deemed to be accredited for the period of two years from pregnancy, for which the corresponding medical certificate shall be submitted to the Service. Likewise, the above may be credited with a birth certificate of the son or daughter."

(h) Delete the final subparagraph.

15) Insert, in article 54, the following second subparagraph, new, from the present second subparagraph to the third subparagraph:

"It will be an obligation of the organizations of fishermen and/or artisanal fishers to update to the Service, until 30 June of each year, the list of partners or the name of those who make up the directive. Such an obligation shall be complied with with the shipment to the respective payroll service, the certificate of validity of the organization and a certificate that certifies those who make up the current directive. ".

(16) Amend article 55 as follows:

(a) Introduce, in subparagraph (a), the following amendments:

I. Add, in the first paragraph, following the word "fisher", the vocablos "or fisherman", and then the point and apart that becomes a comma, the phrase "or that possesses antiquity for the same time as partner of a management area organization with current management plan."

ii. Reference is made to the following new third and fourth paragraphs, with the current third paragraph being fifth paragraph:

"Respect of fishermen and/or artisanal fishers themselves, divers or collectors or pickers of shore, algueros or algae and apnea divers shall be exempt from the application of this causal to the one who, due to illness or accident, is temporarily unable to exercise extractive or harvesting activities, in accordance with the conditions and for the same period specified in the previous paragraph.

The operation of the woman shall be deemed to be accredited for two years after the pregnancy, for which the corresponding medical certificate shall be submitted to the Service. ".

iii. Enter the following final paragraph, new:

"Those vessels that operate exclusively in benthic resources shall be exempted from this cause of expiration, accrediting such a situation by declaration of disembarkation in which the extractive unit of benthic resources carried out by the extractive activity."

(b) Incorporate, in verbatim (b), following the point and apart which becomes a comma, the following phrase: "or the offence contemplated in article 139 bis."

c) Incorporate, in verbatim (c), after the point and apart that becomes a comma, the following phrase: "except that it will be found in the situation provided for in Article 55 bis first."

(d) Introduce, in subparagraph (d), the following second paragraph, new:

"However, in case of divers who do not maintain the registration requirement referred to in article 51 (b) of this Act and who have opted for the regime established in article 55 bis, they shall maintain their other categories in force, without prejudice to the application of the other cases referred to in this article. ".

(e) Add, in the penultimate paragraph, after the words "fishers", the following phrase "and fishers".

17) Add, at the end of Title IV, paragraph 2, the following article 55 bis, new:

"Article 55 bis.- The fishermen and/or artisanal fishermen registered in the buzo category, who do not obtain the renewal of the registration to the Maritime Authority in accordance with the provisions of Decree No. 752 of 1982, of the Ministry of National Defence, or the regulations that replace it, may, within 12 months of the expiration of the last registration, effect the replacement of their registration according to the first paragraph of Article 50 B. At the end of this period, the registration of the holder of the category of divers that has not been replaced will expire under the sole ministry of the law. ".

18) Amend article 55 A as follows:

(a) Replace the initial phrase "In the areas mentioned in article 48, first paragraph", by the following: "In the reserve area for artisanal fishing, as well as in land waters,".

(b) Intercálase, entre las expresións "Recursos Bentónicos," y " al que pueden votar", la siguiente sentence: "whose objective will be the execution of a plan of management and exploitation of the benthic resources present in the sector,".

(c) Add the following second subparagraph:

"Without prejudice to what is stated in the preceding paragraph, the entry of new proposals for the establishment and/or expansion of new areas of management and exploitation, for all or part of a region or regions, may be temporarily suspended by a substantiated resolution of the Undersecretariat, on the basis of zoning criteria of the coastal edge, local strategies and fishery management."

(d) Incorporate the following third subparagraph:

"The land access for the owners of the management areas shall be subject to the provisions of Article 13 of Decree Law No. 1.939 of 1977, of the Ministry of Land and Colonization, on the acquisition, administration and disposition of state property."

19) Incorporate, in the final paragraph of Article 55 B, following the point and apart that becomes point and followed, the following text: "Those agreements signed by organizations with exclusive authorization of the exploitation of the sea beach will not constitute rights for the benefit of third parties, nor the cases in which it is necessary to hire a third party to carry out the extraction from the area of management, nor those agreements adopted to finance the costs of establishing voluntary zones.

20) Add, in the second paragraph of Article 55 C, after the words "The fishermen", the expression "and/or the fishermen".

(21) Amend article 55 D as follows:

(a) Replace its first subparagraph with the following:

"Article 55 D.- The operation of this regime will be established by a regulation issued by the Ministry of Economy, Development and Tourism, also signed by the Ministers of National Defence and the Environment, which will determine, among others, the following subjects:

(a) The requirements and procedures to propose, establish, modify, relocate, assign and expire areas of management and exploitation of benthic resources.

(b) The contents and requirements for the operation of the plans for the management and exploitation of benthic resources and their monitoring, as well as the requirements and procedures for the production of such plans.

(c) Management actions that can be carried out within the framework of approved management plans.

(d) The requirements and conditions of voluntary protection zones, aimed at monitoring and scientific research implemented by the organization.

(e) Requirements for the operation of joint management plans.

(f) Authorization procedures for the exclusive exploitation of those resources that have been incorporated into the management plan and are located in the sea beach area adjacent to the area, as indicated in the final paragraph of this article. ".

(b) Replace, in its final paragraph, the point and end by a comma, and add the following phrase: "and you must be informed to the Maritime Authority and the Ministry of National Defence."

(22) Amend article 55 E as follows:

(a) Incorporate, in the first paragraph, after the word "fishers", the expression "and/or fishers", and intercálase, between the phrase "management area" and the point and apart, the following: "and meet the other requirements set out in the rules of procedure".

(b) Add the following subparagraph (e) to the second subparagraph:

"e) Number of fishermen and/or fishermen inscribed in the category of divers and collectors or pickers of shore, algueros or algae and apnea divers."

23) Replace article 55 G with the following:

"Article 55 G.- The organizations of fishermen and/or artisanal fishers holding a management area that modifies their legal personality, may maintain the ownership of the area and continue the activities of the management plan from the stage at which they are authorized, in accordance with Article 55 A.

For these purposes, the instrument in which the replacement of title is made must be subscribed in assembly to a minister of faith, according to the absolute majority of the associates registered to the date.

The organization of substitute artisanal fishermen and/or fishers that continue to exploit the area of handling must be made up of at least 80% of the members of the organization of fishermen and/or artisanal fishers replaced.

The replacement of the ownership of the management area should be approved by the Undersecretariat's resolution, and incorporated by the Service into the respective Use Convention."

24) Article 55 H:

(a) Add, in the first paragraph, after the word "fishers", the expression "and/or fishers".

(b) Incorporate, in the second subparagraph, after the words "fishers", the expression "and/or fishers".

(c) To replace, in the third paragraph, the expression "144 bis" by "144 A".

25) Article 63:

(a) Enter, in the third paragraph, after the word "fishers", the expression "and/or fishers".

(b) Replace subparagraph 5 with the following:

"Those who perform any type of aquaculture activity and any title, as well as those who collect seeds under articles 75 quater and 75 quinquies, shall report, in accordance with the regulations, on the structures used in cultivation, supply, including food for specimens in cultivation, existence, harvest, health status, origin and destination of the specimens. However, those farming centers that are based on food consisting of hydrobiological resources from banks or natural grasslands should individualize the extractive agent, its origin and the amounts that are acquired monthly by species."

(26) Replace the last sentence of article 64 B, first paragraph, with the following: "In the case of fishery of benthic resources, the provisions of article 48 A (d).

27) Delete, in the first paragraph of Article 64 I, the phrase ", as provided for in Article 72,".

28) Replace, in the first and second subparagraphs of Article 110 quater, the phrase "industrial or artisanal vessel" by "industrial, artisanal or transport landing".

29) Replace article 120 A with the following:

"Article 120 A.- The extraction of benthic resources from an area of management by fishermen and/or artisanal fishermen belonging to the organization that owns this area in contravention of what is authorized by the management plan will be punished with a fine equivalent to the result of the multiplication of the current sanction value of the species affected by the physical weight of the benthic resources subject to the infringement. In case of recidivism, the penalty will double.

Any other action developed by the members of the organization that owns the area in contravention of the management plan, which does not involve extraction and is not covered by article 120 B, shall be fined from 10 to 100 tax units per month.

In cases where the authorized share of the period for the respective area of management is found to have been contravened, a fine equivalent to twice the result of the multiplication of the current penalty value of the species affected by the physical weight of the benthic resources subject to the offence shall be punished. In the case of recidivism the fine will double. In the event that the violation of this subparagraph occurs more than twice within three years, the expiration of the management plan shall be applied in accordance with the first letter (a) of Article 144."

30) Add, in the first paragraph of Article 129, following the point and apart which becomes a point and followed, the following final sentence: "In the event of seizure of benthic hydrobiological species in their natural state, they must be returned to the environment from the offender, provided that this does not harm the environment."

(31) Amend article 144 as follows:

(a) Replace subparagraph 1 (a) with the following:

"a) That the assigning organization has been punished on three occasions for the offences covered by article 120 A."

(b) Replace, in subparagraph 1 (b), the term "for a period of 2 years" with the following phrase: "within a minimum period of 2 years up to a maximum period of 5 years".

(c) Incorporate, in subparagraph 1 (d), the following subparagraph (d), new:

"(d) For having infringed the prohibition to constitute rights for the benefit of third parties referred to in article 55 B."

(d) Replace third and fourth subparagraphs with the following:

"The expiry shall be declared by a resolution of the Assistant Secretary and shall be notified to the organization by a certified letter. Notifications will be used on the tenth day of receipt at the appropriate post office.

This resolution may be claimed to the Minister within thirty working days of the notification. ".

(e) Incorporate the following fifth, new, paragraph, into the current fifth paragraph to be sixth:

"The procedure for declaring the expiry shall consider the prior hearing of the holder in order to perform his discards."

(f) Add, in the fifth paragraph, that has become sixth paragraph, after the word "fishers", the expression "and/or fishers".

32) Replace, in the first subparagraph (b) of Article 144 A, the Garrism "2" with "5".

Article 2°- Introduce the following amendments to article 5 of Law No. 21.069, which creates the National Institute for Sustainable Development of Small-scale Artisanal Fisheries and Aquaculture (INDESPA):

(1) Replace in paragraph 3 of paragraph 1 the words "of beneficiaries", by the phrase "or gender of beneficiaries or beneficiaries", and the expression "type of beneficiaries", as follows: "gender of beneficiaries or beneficiaries".

(2) Add, in the second paragraph, following the point and final, which becomes a point and followed, the following sentence: "Without prejudice to the above, in order to promote the inclusion and equity of gender in the different productive stages of the artisanal sector, the bases may contemplate an additional score based on the gender of the postulants."

TRANSITORY PROVISIONS

And for I have had it good to approve and punish it; therefore, promute and take it into effect as the Law of the Republic.

Santiago, January 29, 2024.- GABRIEL BORIC FONT, President of the Republic.- Javiera Petersen Muga, Minister of Economics, Promotion and Tourism (S).- Maya Fernández Allende, Minister of National Defense.- Javiera Toro Cáceres, Minister of Social Development and Family.- María Heloísa Rojas Corradi, Minister of the Environment.

What he transcribes for his knowledge.- He presents his compliments to you, Julio Salas Gutiérrez, Assistant Secretary of Fisheries and Aquaculture.