Changes In The Field Of The Sustainability Of Resources Hidrobiola Magical, Access To Fishing Industrial And Handicraft And Regulations For The Impression Of N And N Fiscalizacia, The General Of Fishing And Aquaculture Contained In The Law Nâ ° 18.892 And

Original Language Title: MODIFICA EN EL ÁMBITO DE LA SUSTENTABILIDAD DE RECURSOS HIDROBIOLÓGICOS, ACCESO A LA ACTIVIDAD PESQUERA INDUSTRIAL Y ARTESANAL Y REGULACIONES PARA LA INVESTIGACIÓN Y FISCALIZACIÓN, LA LEY GENERAL DE PESCA Y ACUICULTURA CONTENIDA EN LA LEY N°18.892 Y

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Incorporanse in title I, following the article 1, the following articles 1 ° A, 1 ° (B) and 1 ° C " : "Article 1-hydro-biological resources and their ecosystems are subject to the sovereignty of the State of Chile in the terrestrial waters, internal waters and territorial sea, as well as their rights of sovereignty and jurisdiction in the exclusive economic zone and on the Continental Shelf, according to the rules of international law and the present law.
In accordance to sovereignty, sovereignty rights and jurisdiction referred to in the preceding paragraph, the State of Chile has the right to regulate the exploration, exploitation, conservation and management of aquatic resources and their ecosystems in all maritime areas mentioned above.
In accordance with the preceding subparagraphs, the State of Chile may authorize the exploration and exploitation of the aforementioned hydrobiological resources existing in the spaces concerned, subject to the provisions of this law.
Article 1 ° B.-the objective of this law is the conservation and sustainable use of hydrobiological resources, through the application of the precautionary approach, ecosystem in fisheries regulation approach and the safeguarding of marine ecosystems in which those resources exist.
Article 1 ° C-in the context of the national fisheries policy and for the attainment of the target set in the previous article, must be taken into account at the time of adoption of conservation and management measures as well as in interpreting and applying the law, the following: a) establish long term goals for the conservation and management of fisheries and protection of its ecosystems as well as the regular evaluation of the effectiveness of the measures taken.
(((b) apply to the management and conservation of resources hydrobiological and protection of their ecosystems the precautionary principle, meaning: i) is to be more cautious in the management and conservation of resources when scientific information is uncertain, not reliable or incomplete, and ii) do not use the lack of sufficient scientific information, not reliable or incomplete as a reason to postpone or not to adopt conservation and management measures.
(c) apply the ecosystem approach to the conservation and management of fishery resources and the protection of its ecosystems, meaning an approach that considers the interrelation of the dominant species in a given area.
(d) manage fisheries resources in a transparent, responsible and inclusive.
(e) collect, verify, report, and share in a systematic, timely, correct and public data on the aquatic resources and their ecosystems.
(f) consider the impact of fishing on associated or dependent species and the preservation of the aquatic environment.
(g) seek to prevent or eliminate overfishing and excess fishing capacity.
(h) overseeing the effective implementation of conservation and management measures.
(i) minimize discarding both species target as the bycatch and bycatch capture.
Every five years will be assessed the effectiveness and implementation of conservation and management measures. "."
2) in article 2: a) repeal the numerals 20), 31), 32), 37) and 43).
((b) amend paragraph 21), by adding the words "living aquatic" and "that", the phrase "which occupy temporary or permanently a common maritime space with the species objective, and".
((c) replace paragraph 25) the expression "Reconstruction" by "Tourism".
((d) add the following final sub-paragraph to paragraph 29): "catches obtained by research fishing will not be considered in the determination of future assignments that are carried out in accordance with this Act.".
e) replace paragraph 46) the phrase "previous technical reports of the Sub-Secretary of fishing and of the National Council of fishing." by "technical report of the Undersecretary.", and incorporated the following final sentence, passing the point apart (..) to be followed: "a regulation shall establish procedures, methodology and criteria to be considered in its determination, which must achieve high quality statistical estimates.".
((f) modify paragraph 56), which defines "Ornamental species", in the sense of adding the following new second subsection: "the capture of such bodies must be authorised by the Secretary, prior technical report founded.".
((g) incorporated the following paragraph 58): "58) (biological point: value or standardized level which aims to evaluate the performance of a resource from a perspective of the biological conservation of a stock, and may refer to: (a) biomass, b) (mortality due to fishing, or c) exploitation rate."
The determination of these points be made by Decree of the Ministry, according to the determination made by the technical Scientific Committee. "."
((h) incorporated the following paragraph 59): "59) status of fisheries: unexploited fisheries: one in which the current biological point is greater if you consider the criterion of biomass, or less in the case consider the criteria of the exploitation or rate of fishing mortality, the expected value of the maximum sustainable yield and with respect to which greater performance can be obtained by potentially." Fishery in fully exploited: the biological point is at or near its maximum sustainable yield. Fishery overfished: one in which the current biological point is lower if considered the criterion of biomass or greater in the case consider the criteria of the exploitation or rate of fishing mortality, the expected value of the maximum sustainable yield, which is not sustainable in the long term, without potential for increased performance and risk of exhaustion or collapse. Exhausted or collapsed fishery: one in which the biomass of the stock is less than the biomass corresponding to the biological point limit that is defined for the fishery, has no capacity to be sustainable and whose catches are well below historical levels, regardless of the fishing effort that is exercised. "."
((i) incorporated the following paragraph 60): "60) maximum sustainable yield: higher average level of removal by trapping can be a stock in a sustainable manner over time and under the prevailing ecological and environmental conditions.".
((j) incorporated the following paragraph 61): ' 61) sustainable use: is the responsible use of hydrobiological resources, in accordance with the rules and local, national and international regulations, as appropriate, so that the social and economic benefits derived from such use can keep in time without compromising the opportunities for growth and development of future generations. ".
((k) add the following paragraph 62): "62) contract to the party or society to the part: form of partnership aimed at the realization of extractive activities which considers the contribution of partners in boats, materials, equipment, funding and work and later the profit sharing that generates the day of fishing according to the contribution made by each person" (, in accordance with the following rules: a) fishermen may only participate as such registered in the fishing vessel register;
(b) the vessel which is contribution must be registered in the fishing vessel registration in the respective fishery;
(c) determine prior to the fishing trip the parties on which delivered the results of the fishing operation and expenses that will be deducted;
(d) the expenses that they can deduct only may be in food, fuels, lubricants, in the fishing operation of pelagic resources, as well as the direct costs that irroga a journey of fishing such as bait and dump in other fishing operations. "."
((l) incorporated the following paragraph 63): "63) transport vessel: ship used for the transportation of catches from fishing vessels, from fishing to the port of landing zone." These vessels will be registered in the special register that will take the service for these purposes. "."
(((m) Incorporanse the following paragraphs 64) and 65): "64) national fisheries policy: guidelines and guidelines whereby the Ministry directed the relevant agencies in the fishing area in the achievement of the objective of achieving sustainable use of hydrobiological resources, through the application of the precautionary approach, ecosystem in fisheries regulation approach and the safeguarding of marine ecosystems in which those resources exist".
(65) technical report: Administrative act by which the competent authority expresses the foundations of scientific, environmental, technical, economic and social order, where appropriate, to recommend the adoption of a measure of conservation or management or another that set this law. Data and information that support the technical report will be public, as well as the technical report, which, in addition, shall be published in the electronic domain of the Undersecretary page. "."
(((((((n) Incorporanse the following paragraphs 66), 67), 68), 69), 70) and 71):
"(66) catch: physical weight expressed in tonnes or kilograms of species living aquatic alive or dead that have been extracted in their natural state, either manually or trapped or retained by an art, tackle or attachment of fishing."
(67) landing: physical expressed in tonnes or kilograms of catches that are taken out of the fishing vessel or ship transport, which have been processed or not, including those catches obtained by collection without the use of a boat weight.
(68) Vulnerable marine ecosystem: natural unit composed of fragile geological structures, populations or communities of invertebrates of low biological productivity, which are of little or slow recovery, to anthropogenic disturbances such as seamounts, hydrothermal, coral formations of cold water or submarine canyons.
(69) bottom fishing: extractive fishing that fishing operations uses crafts, fishing gear or fishing tools, which make contact with the seabed.
(70) seamount: elevations of the ocean floor that do not emerge to the surface and whose height exceeds 1,000 meters, measured from the surrounding seabed which forms its basis.
(71) biological reference point: value or standardized level which aims to establish the measure from which, or under which defined the State of the fisheries situation, and may refer to: biomass, mortality due to fishing, or exploitation rate. Will be biological reference points the biomass at the level of the maximum sustainable yield, biomass limit and mortality or rate of exploitation at the level of the maximum sustainable yield, or other technical scientific committee set. "."
((3) in article 3: a) replace paragraph first the phrase "Zonal Council of fisheries that matches", with "Technical, relevant Scientific Committee" and the words "and approvals" eliminanse.
((b) amend the second paragraph of the letter to), then "biological" Word by adding the expression "shall be determined by the respective technical Scientific Committee", and incorporated the following third sub-paragraph: "extractive Veda by species or sex in a given area. This ban can only be initially established for a period of up to two years and must have a technical report of the Scientific Committee. In the case of renewal of the same, shall be established for the period determined by the respective Scientific Committee. "."
((c) replace the letter c) by the following: "c) fixing of annual quotas of catch by species in a given area or overall catch quotas." These global catch quotas may be determined for periods of up to three years, and must always set the annual magnitude. In the event that you don't capture all in a given year may not be transferred the following year. The following deductions to the global catch quota may be founded:-fee for research: may deduct for research purposes up to 2% of the global catch quota to meet research needs. For this, the Undersecretary shall inform the National Council of fisheries tons required for each of them and the research projects for the following calendar year. This list shall be published in the electronic domain of the Undersecretary page.
-Contingency fee: may deduct for contingencies up to 1% of the global catch quota to set the quota or during the calendar year. The criteria for the allocation of this reserve by the secretariat will be proposed by this and approved by a majority of the members of the National Council of fishing and you will be published in the electronic domain of the Undersecretary page.
-Booking fee for human consumption of smaller-sized businesses in accordance with law No. 20.416: you can book up to 1% of the global catch quota of species, with the exception of benthic resources, the demersal and algae, to bid it among the owners of processing plants listed in the register that takes service and qualifying as smaller companies for activities of transformation on such species and use them exclusively for the manufacture of products for human consumption live.
Not removed quota intermediations to the global catch quota. The tender shall be carried out every three years, in accordance with the rules laid down in a regulation which shall establish courts that allow the participation of all plants that qualify.
The fee can only be removed by craft owners duly registered in the fishing vessel register. Registration must correspond to the same fishery subject of the tender and only permitted to operate in the area authorized to the respective vessel.
The bidders of auction only can process it for direct human consumption is forbidden their transfer or sale before this process.
In the case of fisheries small pelagic species, with the exception of horse mackerel and mackerel, except in the case of fisheries fish sword and shark, you can book the percentage to tender a part for bait only.
This reserve shall be awarded by invitation to tender, in which only eligible craft owners enrolled in the fishery concerned.
The bidding rules will be laid down in a regulation and it must be ensured that this takes place in courts that allow the participation of all categories within crafts shipowners.
The deductions referred to in the preceding paragraphs shall be made of the global annual catch quota prior to fractionation of the quota between artisanal and industrial fisheries.
In the determination of the overall catch quota will be: 1. maintain or bring the fisheries to maximum sustainable yield considering the biological characteristics of the exploited resources.
2. fix the amount within the range determined by the technical Scientific Committee in its technical report, which will be published through the electronic domain of the Committee or the Secretariat.
Notwithstanding the foregoing, in the case of benthic resources technical Scientific Committee fisheries provide criteria for the determination of the overall share, where appropriate, considering the information available and the particularities of the resources concerned.
3. any modification of the global catch quota involving an increase or decrease of it, must rest on new scientific background, and must undergo the same procedure for their determination. "."
d) Eliminanse in) (d) the expressions "and reservations" and "and article 48 letter b)".
((((e) add a new letter e), passing the current letter e) become point f), read as follows: "e) statement of reserves marine, by Decree of the Ministry of the environment.".
(((f) Agreganse in the letter e), which has become f), the following second and third paragraphs new: "in those fisheries small pelagic species in the species constitute a mixed fishery and make their State of exploitation that catch quotas are significantly different, they are also in a State of full exploitation and the artisanal fisheries sector is subject to craft of extraction in the artisanal fraction of the overall share of capture Assistant you can set, by region and organization, a fee objective for the dominant species and a fee as a bycatch of species minority, setting percentages in this regard of both species, measured by weight for each fishing trip.
In cases in which fauna share Companion is drained and there is remaining without capturing the species share target, the Secretary may authorize the continuity of operation in the region or organization concerned, authorizing the service to impute the capture of the minority species to the dominant species, in a proportion of one is three , with a limit equivalent to 25% of the global catch quota that has been fixed for the minority species. "."
((4) amended article 4 in the following way: to) replace, at its commencement, the phrase "prior technical report of the" by "consultation to the", and add, after the words "appropriate", the phrase "and notice the technical Scientific Committee";
((((b) Incorporanse the following letters c), d) and e), new: c) establishment of use and size in ships of devices or tools to minimize bycatch capture or to avoid or minimize incidental catch, tending to fishing is more selective.
(d) establishment of use and is available at Cookware vessels to release copies incidentally caught by nets and fishing gear.
(e) establishment of good fishing practices to avoid, minimize or mitigate the incidental capture of mammals, birds, and aquatic reptiles. "."
(5) Agreganse the following items 4 ° A, 4° B, 4° C and 4 ° D:
"Article 4 °-the Undersecretary shall, in the month of March of each year, a report on the State of affairs of each fishery that has closed access, declared in a State of full exploitation, recovery or development. The report must be in accordance with the definitions of the assessment of this Act fisheries, management measures and research carried out during the period. The report to be published in its electronic domain page.
Article 4 ° B-the service must, in the month of March of each year, a report on activities and inspection actions carried out in the field of fisheries and aquaculture, in the previous year. Account must include, in addition, the results of control actions carried out and the fulfillment of measures for management and conservation of the previous year. The report shall be published on its website.
Article 4 ° c.-La direction General of the territory-maritime and merchant marine shall, in the month of March of each year, a report on the activities and control in the field of fisheries and aquaculture activities carried out in the previous year. Account must include, in addition, the results of the actions carried out and the fulfillment of measures for management and conservation of the previous year. Also you must realize the actions of fisheries control in the surrounding sea area to the national coasts.
The report shall be published on the website.
Article 4 ° D-the Secretariat through resolution, prior technical report and consulting the Zonal Council of fishing that corresponds, will determine the hydrobiological resources except for human consumption live and which may be intended for the manufacture of fishmeal and oil. "."
(6) Agreganse, in article 5, the following final clauses: "in addition, under the precautionary principle, in the case of seamounts, bottom fishing, will not be allowed unless there is a scientific research made in accordance with the Protocol and regulations referred to in article 6 B, showing that fishing does not generate adverse effects on vulnerable marine ecosystems in the area.
Without limiting the foregoing, prior to that the Secretariat authorized Fund in some seamount fishing activities, scientific studies that meld this decision shall be subject to the procedure of public information, in accordance with article 39 of the law N ° 19.880. "."
(7) Intercalanse, then of article 6, the following articles of 6 ° A, 6 B and 6 ° C: ° "article 6 °-in the waters of the sea of national jurisdiction, regardless of the access regime that is submitted, the Ministry, through Supreme Decree, prior technical report of the Secretariat and advance notice to the Council area of fishing that corresponds, must set to delimited geographic areas a fishery for vulnerable marine ecosystems management regime" When they verify the existence of invertebrates or geological structures that take into account, in accordance with the regulation, the existence of a vulnerable marine ecosystem.
Without prejudice to other measures of administration or prohibitions referred to in this law, in areas that the regime before indicated, applies the Undersecretary shall specify by founded resolution, the following prohibitions or fisheries management measures: to) prohibition of activities of bottom fishing with arts, fishing gear or fishing tools that affect the vulnerable marine ecosystem in a given area.
(b) Regulation of characteristics and design arts, gear and fishing implements.
((c) prohibition of the use and porte de arts and tackle and fishing gear referred to in letter a) or which do not comply with the features and design indicated in (b)).
The Undersecretary, by resolution, may authorize transitional periods for activities of scientific research in the area that applies the regime pursuant to the regulation referred to in article 6 B. The outcome of this research will undergo the procedure of public information in accordance with article 39 of the law N ° 19.880.
Prohibitions or management measures adopted may be amended only with well-founded scientific background and that has undergone the same procedure of public information from the preceding paragraph.
Article 6 B-by decision of the Secretary and the determination of the appropriate Scientific Committee, will establish the roster of hydrobiological resources whose fisheries qualify as bottom fishing that may affect vulnerable marine ecosystems.
For extractive activities of those set forth in such payroll hydrobiological resources, the shipowner shall inform the service, before the sailing date, its intention to carry out fishing activities in the background, the area in which shall carry out operations and detection equipment to be used in fishing operations, undergoing the operation Protocol in vulnerable marine ecosystems, containing the regulations. In this regulation must be set the information to be delivered of fishing operations, which must at least include: a) identification of the ship owner, ship or boat and main features; (b) description of the communications and detection equipment; (c) probable species that constitute bycatch; (d) area of operation and planned fishing footprint; (e) fishing season; (f) place of departure and arrival; (g) details of construction and operation and operation of art or fishing tackle; (h) authorized catch, if any quota; (i) number of sets designed by day and duration of these. You must also provide proof before the sailing date that the ship has the scientific observer on board and implementation required to implement the respective protocol.
If during the extractive activities of fishing, from those set forth in such payroll hydrobiological resources, a ship accidentally captures elements that are constitutive of a Vulnerable marine ecosystem, the scientific observer on board apply evidence Protocol of Vulnerable marine ecosystem established in regulation.
If the implementation of the aforementioned Protocol establishes that the captured elements are constitutive of the presence of a Vulnerable marine ecosystem, the captain of the ship shall immediately suspend fishing operations in the area around the coordinates in which was the release of fishing that generated this bycatch. Area in which fishing operations will be suspended shall be established in the regulation, which will take into consideration the constituent elements of vulnerable marine ecosystem that were subjected to bycatch. The observer should send to the Secretariat a report emanating from the application of the Protocol of evidence of Vulnerable marine ecosystem within a maximum of 48 hours from landfall to enabled port. Bycatch limits which take into account the constitutive presence of a Vulnerable marine ecosystem will be established in accordance with the regulations.
The Secretariat shall be published on its electronic domain website reports discovery of scientific observers referred to in the preceding paragraph.
The regulation referred to in this article shall be issued jointly by the Ministry of economy, development and tourism and by the Ministry of the environment.
Article 6 ° C-ships or boats, whose owners have fishing, extraordinary fishing permits authorizations, licenses tradable fishing or registration fishing craft on the hydrobiological resources appearing in the list referred to in subsection first article 6 ° B, they must have scientific observers on board in all fishing trips that relate to the extraction of these resources.
The owner and the captain or ship pattern must grant all the necessary facilities scientific observers which allow the application of the Protocol of evidence of vulnerable marine ecosystems. "."
(8) incorporated in title II a 2 °, new paragraph, becoming the current paragraph 2 ° 3° and so on, read as follows: "paragraph 2° implementation of treaties and procedure for measures of international character in fisheries matters article 7 ° E-management or conservation measures for the conservation and management of aquatic resources, adopted in the framework of treaties or international organizations of which Chile is party or member" Once accepted by Chile will be published in the official journal by a decision of the Secretary fully or in summary, depending on the extent of the measure adopted. They shall, also published entirely in the electronic domain of the Undersecretary page. Article 7 ° F-in the event that a treaty or international organization of those mentioned in the previous article provide for a right of objection or subsequent acceptance by the State party with regard to measures adopted by the organs of that Treaty or organization must follow the following procedure, prior to the publication of the measure of conservation and management by the Secretariat (: a) the Ministry of Foreign Affairs shall inform the Secretary, about the decision taken within the framework of the respective treaty or organization;
b) the Secretariat shall act favorably or unfavorably by trade directed to the Ministry of Foreign Affairs. In case of unfavorable opinion, the secretariat will propose, if appropriate, measures of conservation or management alternatives in order to ensure the conservation and sustainable use of the resources concerned, during the period of objection of the measure;
(c) the Ministry of Foreign Affairs communicated the objection or the non-acceptance of the measure, in accordance with the procedure laid down in the rules of the Treaty or organization concerned;
(d) alternative measures which have been adopted, may be, modified, or rescind in accordance to the results of the Review Panel or the procedure established in the Treaty or the applicable organization.
Article 7 ° g.-in the case of straddling and highly migratory fisheries which are within the exclusive economic zone and on the high seas adjacent to this, regulated by an international treaty, of which Chile is a party, the following rules should be followed to attend adopt conservation and management measures to be agreed within the framework of that Treaty (: a) in those cases in which, in accordance with the international treaty, contemplating the implementation of conservation and management measures adopted within the economic zone exclusively, will require the express consent of the State of Chile. For this purpose, the Ministry of Foreign Affairs shall, after consultation with the Secretariat, express the manifestation of the will of the State of Chile at the time of the action.
((b) whether the measure to adopt conservation refers to the global catch quota should be, in addition to provisions in the letter above, consider the following: i) if the measure attempts to encompass both the exclusive economic zone as the adjacent high seas, must urge to adjust it within the ranges established by the national technical Scientific Committee;
(ii) the national technical Scientific Committee, to issue their statement about this conservation measure must take into consideration the report of the Scientific Committee of the Treaty or international organisation concerned;
(iii) if the global quota has been adopted in the previous form in the exclusive economic zone, in accordance with national regulation, this may be modified in the event that is adopted after a global quota different in accordance with the rules of the Treaty.
Article 7 ° h.-plans of action adopted by international organizations of which Chile is part, they may be adopted by Decree of the Ministry, following a report by the Secretariat.
Measures of administration, conservation and management of aquatic resources in the framework of these action plans should follow the procedure laid down in this law, unless the built-in measures are not regulated, in which case they shall be by Decree of the Ministry and will require a report of the technical Scientific Committee and consulting the National Council of fishing. "."
(9) replace article 8 ° by the following: General background, such as the area of application " involved resources, areas or grounds of fishing fleets that catch that resource and characterization of both artisanal and industrial stakeholders and the market.
(b) objectives, targets and deadlines to keep or carry fisheries to maximum sustainable yield of the resources involved in the plan.
(((c) strategies to achieve planned goals and objectives, which may contain: i) measures of conservation and management to be adopted in accordance with the provisions of this Act, and ii) agreements to resolve the interaction between the different fishing sectors involved in the fishery.
(d) criteria for the evaluation of the fulfilment of the objectives and strategies set forth.
(e) contingency strategies to deal with the variables that can affect the fishery.
(f) research and control requirements.
(g) any other matter deemed relevant to the fulfilment of the objective of the plan.
For the elaboration of the proposal, implementation, evaluation and adaptation, if appropriate, of the management plan, the Secretariat shall constitute a Management Committee that will have the character of Advisor and will be presided over by the official designated by the Undersecretary to the effect. The Committee shall be composed of not less than two nor more than seven representatives of artisanal fishermen registered in the fishery involved, and must come from different regions in the event that there is more than one involved; three representatives of the industrial fishing sector with some title regulated by the law on the fishery, and must come from regions or units of fishery in the event that there is more than one involved; a representative of that resource processing plants; and a representative of the service. A regulation will determine the form of designation of the members of that Committee.
The Management Committee shall establish the period in which such a plan, which may not exceed five years from its formulation will be evaluated.
The proposed management plan must be consulted to the corresponding technical Scientific Committee, which shall be dealt within the period of two months of received. The Management Committee will receive the response of the Scientific Committee and amended proposal, if applicable. The Secretary will approve the plan by resolution, and its provisions will be of mandatory for all actors and vessels regulated by this law that are involved in the activity.
In the management plan be considered a procedure of certification of the information of unloading covered by article 63 of this law, for those fisheries which do not contemplate a compulsory system, which will be carried out in accordance with the rules established in article 64 E and will be mandatory for all participants in the fishery. "."
(10) repealed article 9.
((11) in the article 9 bis: to) be replaced at the end of the paragraph first the expression "article 9" "article 8".
((((((b) Insert, in the third paragraph, the following letter e), new, passing the current letters e) and f) to be f) and g), respectively: "e) installation of artificial reefs, in accordance with the requirements and characteristics laid down in the regulation.".
((c) change the fifth paragraph in the following way: i) replaced the expression "a table of private public work" by "a Steering Committee".
(ii) replace the end with the following sentence: "the Committee shall be composed of not less than two nor more than seven representatives of fishermen registered in the fisheries concerned, as well as a representative of the plants of process, a representative of the Directorate of the maritime territory and Merchant Navy, and a representative of the service.".
(12) merge the following article 9 A: evaluate and establish goals and objectives for the recovery of the fishery in the long term and " transparently; and establish a system of assessing the achievement of such goals and objectives;
(b) evaluate the effectiveness of conservation and management measures and establish the changes that must be made in order to achieve the objective of the recovery of the fishery;
(c) evaluating the effectiveness of the control of the fishery system and define the changes that must be made to increase their effectiveness in case that is not well evaluated;
d) evaluate the developed scientific research and establish the changes that should be made, if this is relevant;
(e) take into account the economic and social effects of the proposed action;
f) consider measures of mitigation and compensation for fishermen, crew of special ships and workers of the plant, and g) in the case of fisheries collapse, assess and propose operation alternating in time of stocks of certain fisheries to which referred first by different fleets, as well as evaluate the temporal limitation of the use of certain gear or fishing in those fishing grounds.
Once established the programme of recovery of the fishery, this must be evaluated on the basis established in the respective management plan. "."
13) article 19: to) replace in the letter to) the conjunction "and" is between the words "exploitation" and "found" by the conjunction "or", and add the following expression at the end of the sentence: "and paragraph I of title IV".
((b) replace the letter c) the expression "with his temporarily closed access" by "or with their access temporarily closed by articles 20 and 50 of this law".
((c) incorporate the following letter f):
"(f)) for not having the requested resource distribution in the area requested in accordance with the founded report of the technical Scientific Committee.".
(14) replaced article 21 with the following: "article 21.-on the initiative of the Secretariat, through Supreme Decree, and councils consultation of national and Zonal of fishing that corresponds, it may declare a unit of fishery in fully exploited in those cases in which in accordance with the biological points defined pursuant to this law, the fishery is in that State.".
(((15) in article 22: a) Eliminanse the words "State of", and b) replace the phrase every six months "in the official journal" by "annually in its electronic domain site".
(16) replaced article 24 with the following: "article 24.-declared the regime of full exploitation will be suspended the reception of applications and the granting of authorisations for fishing, as well as registration in the register of craft in the regions and units of artisanal fishery and their bycatch, if appropriate." Without prejudice to the Declaration of vacancies in the craft register established in article 50. "."
(17) replaced article 25 with the following: "article 25.-the holders of authorisations for fishing, enabled to develop fisheries in fisheries declared fully exploited or in fisheries with their temporarily closed access, may be replaced its fishing ships unless you mean an increase in fishing effort." For these purposes, the Ministry, by presidential decree, technical report of the Secretariat and consulting the National Council of fisheries, establish regulations that set standards. "."
((18) in article 26: to) replace the fourth subparagraph by the following: article 3 "(Dichas cuotas se establecerán de acuerdo ael procedimiento de la letra c).".
(b) replace the fifth subparagraph by the following: "global annual catch quotas may not be subject to modification, unless there are new scientific background that melt it, and must be made using the same procedure in the previous section.".
(19) Incorporanse following articles 26 A and B: 26 "article 26 a. in those fisheries that they declared in full operation and set up a global catch quota will them be granted tradable fishing licences class A holders of authorisations for fishing, modifying these fishing authorization in the sense of eliminating the subject to tradable fishing resource." These temporary licenses will be awarded for a period of 20 years renewable and shall correspond to the ratio of participation of the owners expressed as a percentage to seven decimal places, which may decrease if you perform one or more auctions in accordance with article 27 of this law. In this case the coefficients of each owner may not decrease by more than fifteen percent of the original participation ratio.
Without prejudice to the provisions of the preceding paragraph, the authorization of fisheries regulated by transitional article 12 of this law, shall remain for the purposes of the authorization of the operation of the vessels factory in accordance with the regulation established in that article.
Coefficient of original participation of the owners of the existing unit of fishery fishing authorization holder of that question shall be determined by dividing the catch of all ships authorised to the shipowner, corresponding to the 3 calendar years prior to the Declaration of the regime, because total, extracted during the same period, corresponding to all owners who have existing at that date fishing authorization.
In the event that any of the ships is authorized by virtue of a substitution, the catches made during the same period by the ships which gave rise to this will be considered. If under the replacement was granted permission to two or more surrogate ships, will be distributed among them catches of ships that originated in the corresponding proportions according to the specific parameter contained in the rules of substitution of industrial fishing vessels.
The information provided in accordance with article 63 of this law, means capture once attributed differences between the captured and it landed.
Article 26 B-before the maturity of tradable fishing licences class A, at the request of the owner, tenant or mere holder of licenses tradable fishing, by Supreme Decree founded will be assigned according to the legislation in force, provided that the applicant or the previous owners have not incurred in a period of 10 years in one or more of the following facts (: a) having been sentenced to more than four offences referred to in articles 40 (B) and 40 C of this law, in a same fishery, there by the owner administrative appeals or judicial earrings.
(b) have been fined more than three partial forfeitures in a same fishery, declared by resolution firm and enforceable.
(c) the repeated serious breach of labour standards and social security workers. Shall be taken as violations of this kind, delays or omissions the payment of salaries, pension and health contributions that exceed three monthly periods or the existence of four or more convictions ejecutoriadas for violations of worker rights on pay, holidays, protection to motherhood, unionization and anti-union practices within the period of seven years.
For the purposes of this article, if in a period of 10 years, the tradable fishing licence holder, does not have any enforceable sentence or enforceable resolution, not violations of which has convicted during the previous period are counted.
The administrative act that denies the application of the first subparagraph shall be notified to the applicant by registered letter. The latter will have a period of 30 days from the date of the dispatch of the notification, to claim that resolution to the Minister, which shall decide within equal time. This latest decision will not be subject to any administrative appeal.
Tradable fishing licences that do not renew will tender in accordance with the rules laid down in the regulation for the tendering of tradable fishing licences class B and for a period of 20 years. "."
(20) replaced article 27 with the following: "article 27.-in cases where a particular fishery subject to a regime of full exploitation and managed with global catch quota, is at a level equal to or superior to 90 percent of their maximum sustainable yield, will begin a process of public auction of industrial fraction of the global quota in the following way" (: a) 5 per cent of the fraction of the industry of the global catch quota once the fishery concerned is at a level of 90 per cent of its biological point of maximum sustainable yield;
b) 5 per cent of the fraction of the industry of the global catch quota once the fishery in question is at a level of 95 per cent of its biological point of its maximum sustainable yield;
(c) the 5 per cent of the fraction of the industry of the global catch quota once the fishery in question is at a level of its biological point of maximum sustainable yield.
Tenders which occur will give origin to tradable fishing licences class B. These licenses will be valid for 20 years after which are rendered to tender for equal period.
Class A, tradable fishing licences decreased in the same coefficient of participation that bid of tradable fishing licences class B, up to a limit of 15 per cent of its coefficient of participation.
Tradable fishing licences class will have a term of 20 years renewable in accordance with article 26 B.
To determine tons to tender must subtract from the industrial fraction of the quota of the year that applies to the tender, the industrial fraction of the fee to the biological point of the respective tender. These tenders must be made in the year prior to the application calendar.
The regulations shall determine the auction procedures and the establishment of cuts of the rights to be auctioned that allow an adequate access to extractive fishing concerned including small and medium-sized enterprises in accordance with the definition of the Act No. 20.416. The auctions will have a minimum price annual of 4.2 per cent of the value of sanction. In the event that an auction is declared to be deserted, a second call can be. If the latter is declared also deserted, the corresponding tons will not be assigned to any actor.
The moneys to be paid as a result of the auctions of this article shall be expressed in monthly tax units per tonne and the first annuity will be paid within 15 days following the date of the award and the following during the month of March of each year.
Annual payments for licenses-traded class B will correspond to the value of the award multiplied by the tons that corresponds to that year according to the ratio of its tradable fishing licence. "."
(21) replaced article 28 with the following:
'Article 28.-to determine the tons that can capture each holder of class A of tradable fishing licences in each calendar year, multiply the relative coefficient of participation by the industrial fraction of the respective unit of fishery catch quota.
By resolution of the Undersecretary, will be established, annually, the universe of owners, tenants, and mere holders registered in the register of licences referred to in this law, 20 December of each year. "."
(22) incorporate the following article 28 A: "Article 28 A-for the purposes of the application of tradable fishing license as of special fishing permits, shall be annually a global catch quota for each of the fishery units administered under this system, in accordance with the provisions of this law.".
(23) replaced article 29 with the following: "article 29.-ships used to enforce rights from tradable licenses fishing or special fishing permits, either to tell or not with permission of fisheries in accordance with this law, must register previously to the registry that will take the service for these purposes." The registration in the register of ships enabled the ship to operate on the drive fishery which corresponds to the tradable fishing licence or the Special fishing permit, for a period equivalent to the duration of such license or permit. However, at any time, the ship can unsubscribe and become to register either for the same proprietor, or another.
The ship must be registered in the name of a single incumbent on a fishing trip.
Ships registered in the registry must be registered in Chile and comply with the provisions of the Act of navigation. Also, must comply with the regulations of this law and the procedure established service. "."
(24) replaced article 30 with the following: "article 30.-tradable fishing licences will be divisible, transferable, communicable and susceptible of any legal business."
Tradable fishing licences shall be entered in a public registry which will the Secretary on an electronic device and will be available on its electronic domain.
Transfers, leases or any act involving the transfer of fishing licences, must register on the designated, upon verification of the request, which shall be attached the certificate of payment of the patent of fishing, and not to have debts in respect of fines administrative sanctions laid down in this Act, and of the public deed or private instrument authorized notary indicating the respective Act. The Secretariat shall seek information about values of transfers and leases for statistical purposes.
In the event that the application for registration does not comply with the requirements set out in the preceding paragraph, the background will be returned to the petitioner.
Legal acts referred to in the preceding paragraph shall not be opposable to third parties while they are not registered in accordance with this article.
The Undersecretary will have 5 days to resolve, counted from the date of entry of the application for registration of the legal act which aims to tradable fishing license.
The minimum unit of division of tradable fishing licences which may be filled by any legal act will be a 0,00001 coefficient.
Without prejudice to other legal business, non-possessory pledge will undergo by law No. 20,190. "."
(25) incorporate the following article 30 A: "article 30 a. in the register referred to in the preceding article, shall be entered Additionally embargoes and legal prohibitions that fall on licensing, finding prevented registration Assistant any legal act requested subsequent to the registration of the measures before mentioned and while these are in force."
The Secretariat shall issue the certificates that are required by stakeholders, with respect to the State in which they are tradable fishing licences. "."
(26) replaced by subsection first article 31 the conjunction coordinating "and" by a comma (,) between the expression "fishing authorisation" and "permission". Also to be inserted between the expressions "extraordinary fishing" and "does not guarantee" the following: "and tradable fishing licence".
(27) replace article 32 with the following: ' article 32.-tradable fishing license will be effective in units of certain fisheries in accordance with this law to crafts and fishing gear and the bycatch in original fishing authorisations. " The percentages of fauna companion will be fixed pursuant to article 3 °, letter f) of this Act. "."
(28) replaced article 33 with the following: "article 33-tradable fishing licence holder can capture species associated with fishing gear defined by resolution of the Secretary, which are not declared in full exploitation, development or recovery regime."
In the event that any of the associated species are managed through tradable fishing or fishing permits extraordinary license, the holder must have such license or permission to make effective its operation of fishing, at least at the rate established by the Secretariat. Also the holder of a fishing authorization must have tradable fishing or extraordinary permits of those associated species license to carry on the business. "."
(29) merge the following article 34 A: authorization of the Secretariat to carry out activities in areas of high seas " , or adjacent to the exclusive economic zone.
(b) the ship with which these extractive activities are exercised must be registered in Chile, in accordance with the provisions of the Act of navigation.
(c) depending on the fishery management regime, who performs the fishing activity must have, either with an authorisation to fish, tradable fishing or license permits extraordinary fishing, as appropriate.
d) comply with the standards of conservation, management and compliance, established in accordance with this law, as well as standards of conservation, management and enforcement that have been adopted by international treaties to which Chile is a party, and which are applicable. "."
(30) replace article 35 by the following: ' article 35.-in the case of fisheries subject to a regime of full exploitation, recovery or development, in which established quotas for areas within the unit of fishery or in fee splitting into two or more periods, the rate of participation or the percentage awarded, as appropriate, shall be applied with respect to each of the quotas established for each area within the fishery unit or " for each period in which divide the respective fee. "."
(31) insert in article 36 between the expressions "special permission" and "year" the following: "or tradable fishing licence".
(32) insert in article 37 between the expressions "special permission" and "it lent" the following: "or tradable fishing licence".
(33) replace, in article 38, the phrase "with the approval by an absolute majority of the members of the National Council and Zonal fisheries as appropriate.", by "after consultation with the National Council and fisheries Zonal corresponding.".
((34) in article 39: to) replace paragraph first the phrase "with consulting the Zonal Fisheries Council and the approval of an absolute majority of the members of the National Council" by "and national consultation councils and fishing Zonal corresponding". Also replaced the expression "annual global catch quota" for "industrial fraction of the overall catch quota".
(b) added in the second paragraph the following sentence final, passing the point aside to be followed: "this regime shall not apply to the declared in fully exploited fisheries managed with tradable fishing licences.".
(c) Incorporanse following paragraphs third, fourth and fifth, new, becoming the current sixth, seventh and eighth: "for these purposes, means recovering fishery that is overfished and subject to a ban extractive, at least three years, with the purpose of their recovery, and in which is possible to set a global catch quota." Declared the regime, must determine the fractionation of the global catch quota between the artisanal fisheries sector and that part of the fee that will be auctioned. For this, it must determine coefficient of participation of the artisanal fishing sector in the fishery prior to the establishment of the veda. For this purpose, will divide the sum of catches made in the area of the fishery of the crafts sector unit in the three years prior to the date of the establishment of the veda by the sum of all catches effected in that area.
The auction referred to in this article shall apply on the part of the global quota granted once the fee that corresponds to the coefficient of artisanal involvement regulated in the previous subsection, multiplied by the global quota established for a given year. "."
((35) on article 40: to) replace paragraph first the phrase "with consulting the Zonal Fisheries Council and approval" by an absolute majority of the members of the National Council by "and national consultation councils and fishing Zonal corresponding". Also replaced the expression "annual global catch quota" for "industrial fraction of the overall catch quota".
(b) Incorporanse the following second and third subparagraphs new, becoming the current fourth and fifth, and so on: "means that subject to the general regime emerging fishery access which be applied a global catch quota, in which fishing effort is not carried out or is in terms of annual catch less than 10% of that quota.
The auction regulated in this article will be about 50% of the global catch of the fishery quota. The other 50% of the global catch quota must be booked to be extracted by the artisanal fishing sector for a period of three years. If after that period the artisanal fishing sector has not captured the whole of the quota allocated to that sector, not captured percentage will be deducted and will increase the percentage awarded. "."
(c) incorporate the following final new subsection: "at the time of the Declaration of the fishery in this regime, the artisanal fishing registry in regions corresponding to the unit of fishery, must open for a period of 120 days, in case that was closed. At the end of this period the registration must close all categories. "."
(36) incorporate the following article 40 A: "article 40 a. to bidders in the auction referred to in articles 39 and 40, will be granted them a permit extraordinary fishing, which will entitle them to capture annually, starting from the calendar year following the tender, up to an amount equivalent to the result of multiplying the global annual fee capture corresponding coefficient determined in the permit extraordinary fishing fishery unit" respective.
Special fishing permits applies them the provisions of articles 30 and 30. "."
(37) Agreganse in the 4th paragraph of title III the following articles 40 B, 40 C, 40 D, 40 E, 40 F and 40 g: "article 40 B-to the owner, lessee or mere holder of a tradable fishing or special fishing permit license, whose registered ships exceed authorized tons to capture for a calendar year, shall be you punished administratively with a fine equivalent to the result of multiplying the value of sanction of the respective species existing at the date of the offense, the triple of the surplus, expressed in tons. Also, as captured in excess by the offender will be deducted you authorized tons to capture for the next calendar year. In the event that the target does not have a license or permit extraordinary that enable it to perform extractive activities or it is insufficient, the discount will be replaced by a fine equivalent to what results from multiplying the number of tons that should be discounted for five times the value of sanction of the respective species.
Yet, the sanction of discount always will be effective in the quota allocated via tradable license for fishing or special permission, even though the offending owner, tenant or mere fork, has alienated it during the aftermath of the sanctioning procedure or legal claim, unless the sanction or the existence of the sanctioning procedure entered regardless of the entry in the register referred to in article 30 subsequent to the disposition lease or exchange of fork.
In addition, the captain of the ship which is committed the infringement established in the preceding subparagraphs shall be punished by a fine of 100 to 300 monthly tax units.
Article 40 C-to the owner, lessee or merely a license holder tradable from fishing or special fishing permit, whose registered ships landing and do not report their catches in accordance with the procedure referred to in article 63; failing to comply with the procedure of certification referred to in article 64 and this Act; ((or take their catch with a ship not registered, punished you administratively by a fine to be determined in the following way: a) a part of the fine will be all events of 1,000 monthly tax units, and b) the other part of the fine shall be equal to the result of multiplying the value of sanction of the respective, existing species at the date of the infringement , twice as many tons of hydrobiological resources which have been subject of the offence.
To the owner, lessee or mere holder of a tradable fishing or special fishing permit license, whose registered ships to capture carried out discards in contravention to the provisions of this law, or carry out operations of extractive fishing in artisanal reserve areas not authorised in accordance with article 47 of this law or perform catch on a drive other than the registered fishery is administratively punished him with a fine to be determined in accordance with the procedure of the previous section, but applying the multiplication triple tons which have been object of the offence.
To the owner, lessee or merely a license holder tradable from fishing or special fishing permit that carry out fishing operations without being registered in the register of article 29, shall be punished administratively by a fine to be determined with the procedure of the previous section.
In case tons may not be object of the offence, in the determination of the penalty shall apply the result of multiplying the value of sanction of the respective, existing species at the date of the infringement, the average tons of catches landed by ship fishing trip in the immediately preceding year. If the ship did not operate during the previous calendar year the average of two ships which have the greatest captures per trip fishing and similar nautical characteristics, art or tackle fishing and fishery object of the offence shall be considered. Trying to ship factory, it will be the average of the catches reported for a period of five days of the period or immediately preceding calendar year.
In addition, the captain of the ship which is committed the infringement established in the second paragraph shall be punished by a fine of 100 to 300 monthly tax units.
Article 40 d.-the owner, tenant or mere holder of a tradable fishing or license special fishing permit, which act in contravention of the provisions of article 34 A, lyrics to)) and (b), shall be punished by a fine of up to 600 monthly tax units.
Without prejudice to the penalties provided for in articles 40 B and 40 C, the owner, tenant or mere holder of a tradable fishing or license special fishing permit that acts in contravention of the provisions of article 34 A, letter d), with respect to standards of conservation, management and enforcement that have been adopted by international treaties of which Chile is a party and which are applicable shall be punished in accordance with the rules of paragraph 4 ° of title IX.
In the event that the captain is recurrent in one of the infringements referred to in the preceding articles shall be sentenced to a fine of 300 to 500 monthly tax units.
Article 40 E-shall be punished by a fine of 300 to 2,000 monthly tax units the holder, lessee or mere holder of a tradable fishing or license special fishing permit industrial or artisanal fisheries owner who contravenes the measure of prohibition established in accordance with the letter a) of the second paragraph of article 6 A, in the cases established a regime of vulnerable marine ecosystems.
Also artisanal or industrial vessels that contravene such a measure will be sanctioned with the suspension of the rights derived of the artisanal fishing registration, authorisations or special fishing permits by the maximum term of 15 days, as appropriate.
If within a period of two years counted from the execution of the violation it commits again conduct before indicated, such infringement with double the above penalty shall be punished.
During the period of suspension, shall be prohibited the departure of the infringing boat since communicate service acknowledgment to the maritime authority.
Article 40 F-in the event that the owner, tenant or mere holder of a tradable fishing or special fishing permit license commits more than two violations of this paragraph in two consecutive calendar years, whatever its nature, be punished with suspension for six months of the exercise of its fishing licence, without prejudice to any penalties provided for in the preceding articles.
Article 40 G-administrative sanctions will be applied in accordance with the procedure contained in article 55 or et seq. of this Act. "."
((38) in article 43: to) replaced in the second paragraph the phrase "two fees, payable in the months of January and July" with "the month of March".
(b) Insert, in the third paragraph, then of the locution "Fisheries Research Fund", prayer "or for studies, programmes or fisheries research and aquaculture projects contained in the research program", and merge, then the expression "fishing unique patent", the sentence "or of the patent and specific tax referred to in articles 43 bis and 43 ter".
(c) Eliminanse fourth and fifth subparagraphs.
(39) replaced article 43 bis with the following: "article 43 bis.-holders of tradable fishing licences classes A and B shall pay annually in the month of March, a patent of tax benefit for each of the ships registered in accordance with article 29 of this law, which shall be equal to 0.44 monthly tax units for each ton of thick Registry for ships up to 80 tonnes of thick Registry;" 0.55 monthly tax units for each ton of thick Registry for more than 80 ships with up to 100 tons of thick Registry; 1.1 monthly tax units for each ton of thick Registry for more than 100 ships and up to 1,200 tons of thick Registry; and 1.66 monthly tax units for each ton of thick Registry, for ships more than 1,200 tons of thick Registry. Hurricanes of this payment ships which have a fishing authorization and pay the patent referred to in article 43. "."
(40) add the following article 43 ter: "article 43 ter.-holders of tradable fishing licences class A shall pay annually in the month of July, in addition to the patent referred to in the preceding article, a specific tax the amount of which corresponds to the number of tons that have the right to remove, in accordance with the ratio of participation representing their licenses" ((, multiplied by the type of change observed from the United States of America to the last business day of June earlier and multiplied by the highest result obtained in letters a) or b) following: to) 4.2 per cent of the value of punishment associated with the respective species contained in Decree N ° 1.108, 2011, the Ministry of economy free multiplied by the value of the UTM to December 2011 and divided by the value of the dollar observed of United States of America on December 30, 2011, both values published by the Central Bank of Chile, multiplied by the quotient between the last annual index value estimated by the UN Organization for agriculture and food (FAO) associated with such species or you replace it , and divided by the value of this same index in 2011, or, in the absence of this, the closest to that date. In the case of hake from three fins will be considered the same procedure above, considering the value of sanctions contained in the Decree of the Ministry of 2012-free and adjusting the UTM and dollar values for the year 2012.
(b) the resulting from applying the following polynomial: where: Pt is unit specific tax for species that the owner must pay for the tonnes equivalent to their tradable fishing licences class A in the corresponding year or year, expressed in dollars of the United States of America per tonne.
PT-1 is the unit specific tax associated with the previous year.
F is the factor of adjustment calculated as the quotient between the last annual value of the index estimated by the UN Organization for agriculture and food (FAO) associated with such species or you replace it, divided by the value of the same index in the previous year.
(For the purposes of the calculations of the letters a) and b), each species will partner with the index listed below: horse mackerel, anchovy, common sardine and Spanish sardine: "FAO Fish Price Index, Pelagic tuna excluding";
Hake, hake from three fins, Southern hake, hake tail and conger eel Golden: "FAO Fish Price Index, whitefish";
Nylon, red prawn and yellow shrimp shrimp: "FAO Fish Price Index, shrimp".
qL are those tons, the fraction of the industry of the global quota of catch, by auction or any act or contract that transfer property or transferring the use or enjoy temporary license class A or B, to 31 December of the year preceding or t-1 are registered for the first time or on behalf of a holder other than the owner registered on 1 January that year in the register referred to it the Article 30, whether as owner, lessor or owner use or enjoyment to any title, provided that such holders are parties not related, according to the provisions of article 100 of the law N ° 18,045, stock market. In the event that bids are not recorded or transactions or they do not produce the result pointed out previously, the value of this variable will be equal to zero.
qNL are tons, the industrial fraction of the overall catch quota, that they were not subject to auction or any transaction during the previous year or, if any, they did not produce the effect referred to in the above definition.
Q are the tons of the industrial fraction of the global catch, i.e., the sum of (qNL) fee and (QL).
PL is the average weighted tons of values for the award of auction, annualized prices alienations, leases or any act between unrelated parties, according to article 100 of law N ° 18,045, stock market, involving the transfer of licenses and license class B class A and B According to the register referred to in article 30, that occurred during the year prior to the calculation of the patent. This value is expressed in dollars of the United States of America per tonne occupying observed the day of the transaction dollar.
The effects of annualize the prices referred to in the preceding paragraph, shall be a 10 percent annual discount factor. The equivalent values of the United States of America dollars per ton will be used for the calculation of the weighted average.
In order to determine the price of assignment of rights licensing class A and B in the case of disposals of social rights, actions, or other negotiable instrument of the capital or profits of the company or legal person the holder of the license, the new holder shall inform the internal revenue service the total price of the transaction and the price that was assigned to the respective licenses within it. The internal revenue service can assess the price assigned to the respective licenses in accordance with the provisions of article 64 of the tax code.
For the purposes of the preceding paragraph, the determination of the transferee in the case of corporations open, shall be carried out pursuant to title XV of the law N ° 18,045, stock market and, in the case of closed corporations, pursuant to the law N ° 18.046, on corporations.
The value of the specific tax calculated in accordance with the provisions of this article shall be informed in June of each year by a decision of the Ministry. This specific tax will be competition from the internal revenue service and shall be governed by the provisions of the tax code. En_caso_que class A tradable fishing licences are granted for the first time in a fishery, the unit specific tax which shall be applicable to the first year of validity of the licence shall be established in the literal to).
The internal procedure for the calculation of the tax established in this article and in article 43 shall be regulated by a regulation.
If for a given year, the service noted that in a fishery total landings captured by the industrial sector were 50 percent or less tons representing industrial fraction of the overall catch quota, you must report it publicly before 31 March of the following year by resolution.
Such a determination will allow all shipowners industrialists of that fishery, which do not have captured 100% of its tradable fishing licences class, request a credit for the payment of the specific tax for the following year.
Such credit shall be equal to 50% of the specific tax that they have paid for the difference between tons of its tradable fishing licences class A and captured effectively. "."
((41) in article 46: to) delete paragraph first the expression "27".
(b) incorporate the following final paragraph: "annual payments on tradable fishing licences referred to in article 37 shall be paid pursuant to article 43 ter.".
((42) modified article 47 in the following way: to) replace, in the first paragraph, the expression "41 ° 28.6 '", "43 ° 25' 42" "."
(b) replace the third subparagraph by following paragraphs third, fourth and fifth, new, passing fourth subparagraph to be sixth: "Notwithstanding the foregoing, by order of the Secretary, technical report of the Zonal Council of fishing that corresponds, may be made extractive fishing operations by ships of tradable licensees of fishing or fishing authorization in the regions of Arica and Parinacota; Tarapacá and Antofagasta, on resources Spanish sardine and anchovy.
Also, using the same procedure in the previous section but with the agreement of the traditional members of the Zonal Council of fisheries, extractive fishing operations by ships of tradable fishing licence holders and fishing authorization in the Coquimbo Region, on nylon shrimp resources; may be made Yellow shrimp; colorado shrimp; prawn and Spanish sardine and anchovy.
Extraction of hydro-biological resources that are within the internal waters are exclusive, in that area, fishermen registered in fisheries that apply. "."
(43) incorporated the following article 47 bis: "article 47 bis.-However the established in the previous article, the first mile marine artisanal reserve, between the limit North of the Republic and the 43 ° 25'42 of latitude South, excluding inland waters shall be restricted to the development of extractive fishing vessels of an overall length of less than 12 metres."
However provisions in the preceding paragraph, when one or more specific areas within the area of one mile, there's artisan fishing activity by vessels of less than 12 metres length, or if any, possible development of artisanal fishing activity by ships of greater length to those set forth in the preceding paragraph, unless they interfere with the existing fishing activity activities may be authorised temporarily by vessels of one length greater than 12 metres. Artisanal fishing activities affecting the seabed and rock fish ecosystems may be authorized under any circumstances.
Authorization indicated in the preceding subparagraph must be carried out through the procedure referred to in the management plans, with the agreement of the artisanal fishermen involved in the respective fishery. Where there is no agreement between fishermen operating in the area indicated in the first paragraph, it will require a technical report of the Secretariat and the agreement of the Zonal Council of fisheries involved.
If you extend the operation of local fishermen in the terms set forth in the preceding paragraph, the obligatory nature of the use of satellite positioning and system of certification of catches of vessels operating need to be set. Restrictions on areas of operation, number and size of vessels may also be be. "."
(((44) Reemplazanse letters a) and b) of article 48 by the following: 'a) authorization of extractive fishing activities on certain resources in estuaries, meaning, that part of the river that is affected by the tides.
(b) installation of artificial reefs in a certain area in accordance with the requirements and characteristics laid down by regulation. "."
(45) replaced article 48 for the following: "(Artículo 48 A.-El Subsecretario podrá, mediante resolución fundada: a) organizing days or periods of capture, which may be continuous or discontinuous."
(b) limit the number of fishing trips per day.
(c) distribute the fraction artisan of the global catch quota by region, fleet or size of boat and areas, as appropriate. The availability of hydrobiological resources, should also be considered without affecting any of the sustainability. In this case the Assistant should consult the Zonal Council and the Management Committee, that corresponds.
(d) in the event that the artisan fraction of the overall catch quota is distributed in two or more times in the calendar year and understand more than one region or more than one unit of fishery, the Secretary by means of resolution, you can redistribute 50% of balances not captured at the end of each period, assigning these balances to another region, or unit of fishery that is included in the respective global catch quota. In the event that there are agreements of this nature in the Management Committee of the Management Plan of a respective fishery, these must be approved by the Undersecretary. "."
(46) incorporate the following article 48 B: "article 48 B. In the case of the common hake, anchovy and sardine common fisheries, v x regions, and horse mackerel, to determine the participation of each region in the artisanal fishery unit catch quota, should be considered annually as follows: in the case that a region capture less than 80% of the catch quota craft that suits you , during the two years of higher percentage of compliance with the quota in the period of the three years preceding the year of fixing of the quota, the percentage resulting from the subtraction of the 80% and the average percentage captured, will be distributed among the regions that have landing averages above 80% in proportion whereas the regional percentage of participation of the previous year.
If in a region the fishery in question is subjected to extraction craft regime, the measurement shall be made allocation unit that corresponds. "."
(47) replaced the fifth subparagraph of article 50 by the following fifth and sixth subparagraphs, new, becoming the current seventh and eighth, and so on: "may extend operations of local fishermen to the adjoining region, when they carry out fishing activities in other regions. To set this exception, it must be through the procedure referred to in the management plans, with the agreement of the artisanal fishermen involved in the respective fishery and landings that recorded in the past three years.
In any case that is authorized, the obligatory the use of positioning system satellite, with the exception of vessels registered in benthic resources, and certification of catches of vessels operating need to be set. In addition, restrictions on areas of operation, number and size of vessels may be. "."
(48) Insert, in the second paragraph of article 50 A, then followed dot (.), the following sentence: "In the case of Easter Island, artisan registration will be independent of the v Region of Valparaiso.".
((49) in article 50 b to) be inserted in its fifth paragraph, between the expressions "the replacement should" and "do, in any case," the following: "be fishing craft registered in the craft in any of its categories and".
(b) add the following subsection seventh, new, becoming the current eighth, and so on: "The service shall carry a public register of applications and replacement authorized, by region.".
(50) Incorporanse following articles 50 C and 50 D, passing the current article 50 C to be Article 50 E: "article 50 C-fishermen as such and divers, must have life insurance existing against risk of accidental death and disability." Shall be released from such obligation fishermen and divers older than 65 years of age.
The fisherman who does not have insurance may not develop extractive fishing activities on board artisanal boats. The artisanal craft may only sail if all of his crew have such insurance.
Article 50 D.-the owners of artisanal vessels of an overall length equal to or greater than 12 metres, will pay a patent that is equivalent to the monthly tax units which are determined in the following letters for every ton of thickness of ship registration: to) vessels of a length equal to or greater than 12 meters and 15 meters below, equivalent to 0.2 monthly tax units.
(b) vessels of a length equal to or greater than 15 meters, equivalent to 0.4 monthly tax units.
The value of the monthly tax unit will be which governed at the time of the effective payment of the patent, which shall be carried out in two equal installments payable in the months of January and July of each calendar year.
Craft owners who have incurred an expenditure of investment acquisition and installation of a system of positioner satellite in accordance with article 64 B, may deduct patent 100% of such expenditure, only once, during the following years.
You can also deduct up to 50% of the operational satellite positioner system spending.
Owners who pay for the certification of landings referred to in article 64 E, may deduct from payment of the patent up to 50% of the cost of such certification.
The service shall require the necessary documents certifying the expenses incurred to make effective this tax benefit and inform the Secretariat.
In any case the discounts set forth in the preceding subparagraphs, shall exceed the total value of the annual patent.
Also, these discounts do not apply in that part where the shipowner has received a grant or assignment of the State on the acquisition of the positioner system equipment. "."
51) Article 55: a) Insert the following letter e) new, becoming the current letter f): "e) if the craft owner does not pay the fishing patent referred to in article 50 D for two consecutive years.".
(((b) replaced into the letter e), who happens to be f), the expression "two years" for "three years". (c) Agreganse the following final clauses:
"Within the period of two months after the resolution of the service referred to in the first subparagraph, the Undersecretary shall issue resolution by setting the number of vacancies, if necessary according to the ninth paragraph of article 50 of this law.
To provide the vacancy only deemed fishermen that comply with the habitual rules laid down in article 50 B.
The inscription on the waiting lists will expire within three years from registration. "."
(52) in the first paragraph of article 55 B, replaced the word "project" with "plan"; Add, after the comma (,) that follows the word "requested", the phrase "which must include, at least, a study of situation base in accordance with the regulation referred to in article 55 D,", and replace the expression "not exceed the term of destination respective.", by the phrase "will be indefinite , while not incurred on the grounds for revocation laid down in this law. "."
(53) added, article 55 C, following final paragraph: "fishermen belonging to the Organization owner of the management area may extract hydro-biological resources included in the management plan irrespective of their craft registration, within its area of operation, having to serve, in any case, with the requirements established for the granting of the title or registration referred to in article 51.".
((54) in article 55 d: to) in the first paragraph reemplazanse the expression "The regulations" by the phrase "the operation of this system shall be established by a regulation, which also", and the word "projects" for "plans"; and added after the comma (,) that follows the word "exploitation" the phrase "the follow-up reports to be delivered by organizations of holders artisanal fishermen of the area, which will have a frequency of not less than one year nor more than three, and will notice the evaluation of biological fisheries, economic and social performance of the area, the designated management actions that can be made in the respective area in accordance with the plan approved.
(b) replaced in the second paragraph the word 'project' with 'plan', both times in which appears, and added after the expression "portion of water" as follows: "and bottom of sea".
(c) incorporate the following final new subsection: "holders management organizations, may request, in cases that the surface of the area do not include the Sea Beach, the exclusive exploitation of those resources which have been incorporated in its management plan and are in the space of adjoining area Sea Beach. Such authorization shall be established by resolution of the Secretariat after consultation with the Zonal Council of fishing that corresponds. "."
(55) Article 55 F to be repealed.
(56) replaced article 55 (G) with the following: "article 55 g.-holders a management area fishermen organizations may waive it in favour of other registered fishermen organizations in accordance with rule 55 A."
For these purposes, on the instrument in which it takes place the resignation and assignment of the management area you must record the manifestation of will of the absolute majority of the members of the respective organization of artisanal fishermen, and must, in any case, be signed before a notary public.
Also the Organization of artisanal fishermen who continue exploiting the area management must be made up of at least 80% of the members of the Organization of Fishworkers resigned. "."
((57) on article 55 H: to) replaced paragraph first the phrase "a management area, by any of the grounds provided for in article 144" with the following: "a plan of management and exploitation, in accordance with article 144".
(b) incorporate the following third sub-paragraph: "Also, in the event of expiry of the area of management and exploitation of benthic resources on any of the grounds provided for in article 144 bis, said sector not be allowed to be proposed for its establishment according to article 55 A, for a period of 5 years, counted from the date of the resolution declaring the expiration.".
(58) add the following paragraph 4° to title IV of the law, becoming the current paragraph 5 °: "4th paragraph of the artisanal mining regime article 55 i.-in addition to the faculties of administration of the hydrobiological resources laid down in the first paragraph of title II provisions in article 48, in the fisheries that have their access suspended in accordance with article 50 or 33 of this law" It may be established by Decree, technical report of the Secretariat and the respective Zonal Fisheries Council, and with consultation or consultation at the request of the organizations of artisanal fishermen, a system called "Artisanal mining regime". This regime will consist of the allocation of the artisanal fraction of the overall share of catch in a given Region, either by area or fleet, size vessels, caleta, fishworkers organizations or individually.
For these purposes will be regarded as appropriate, fishermen, duly registered in the artisanal fishing in the respective fishery, the Cove, the Organization, or the size of the boats.
Artisan fraction of the global quota allocation will be made by resolution of the Secretary, according to the real history of landings of the caleta, organization, fishing craft or size of the vessels, as appropriate, and taking into account the sustainability of the resources hidrobiolo-magical.
However the foregoing, in the event of a natural disaster declared by the competent authority, the Secretary may not consider the years during which was current that statement for purposes of determining the true story of landing. Similarly, the Secretary not consider catches that are charged to the reserve of the annual global quota fixed for the purpose of urgent social needs, established in accordance with the provisions of paragraph first letter c) of article 3.
Once established artisan mining regime, the Assistant may, by resolution, organize days of capture, which may be continuous or discontinuous.
Article 55 j.-for the distribution of the regional quota shall be one or more of the following criteria: to) landings reported by each vessel to the service in accordance with article 63 of this law in a given period.
(b) age of the inscription of the artisan owner or registered in the fishery diver, always and when registered catches over the same period.
(c) habitually of the vessel in the fishery, meaning continuous or alternating fishing trips, determined according to the average annual regional fishery, as it is established by a resolution of the service.
(d) the number of artisanal fishermen, number of artisanal vessels, or divers entered in the register for the respective fishery in the region.
The criteria referred to in the letter should always be considered to).
For the determination of the coefficient of participation, the Undersecretary, by resolution, shall determine the criteria and their weightings. You can also apply correction factors if applicable. Information that serves as background for such determination must published for a period of one month in the electronic domain of the Undersecretary page and be available at the offices of the zonal directorates of fishing that corresponds, for the same period.
Article 55 k.-Los fishing craft that may be affected by the decision rendered based on history published according to the provisions of the preceding article, may be brought within the period of three months, since the end of the period of publication of the information referred to in the previous article, with a good history, an appeal to the Under Secretary , and hierarchical in subsidy to the Ministry, which shall be based on that publication of the information is inaccurate, erroneous, or incomplete.
Such an appeal shall indicate and accompany the background on which it is founded and it will be not admitted to processing if failure to comply with this requirement.
The Secretariat should resolve within the period of one month from the expiry of the deadline for filing of the aforementioned appeal and such resolution shall be notified by registered interested parties letter and will be published in the electronic domain of the Secretariat website.
In the event that the Undersecretary rejected the appeal and it has lodged an appeal in hierarchical subsidy, you must raise the background to the Ministry so resolve the hierarchical resource in the period of three months. The resolution of the Ministry shall be notified by registered letter and will be published in the electronic domain of the Undersecretary page.
Article 55 l.-the publication of the information to that referred to in article 55 J, or resolved administrative remedies set out in article, in your case, the secretariat will dictate a resolution that designated the coefficients of participation and tons determined for the respective year that correspond to each artisanal fisherman and each type of regime accordingly expired.
If during the year of establishment of the regime, the coefficients of participation changes subsequent to the expiry of the time limits, this will not alter the allocation of the remainder of the assigns, acreciendo fee.
From the second year of application of the scheme, the resolution will dictate once adopted the overall share of capture for the respective species.
Article 55 mm.-in the event of death of an artisanal fisherman, if not the vacancy in accordance with article 55, has reserved its coefficient is redeployed the following year pro rata among the beneficiaries of the regime in the region.
Article 55 N-the fisherman of a craft individual assignment or holders fishermen of a collective assignment, whatever her form of this, exceeding the authorized tons to capture for a calendar year, shall be them punished administratively with a fine equivalent to the result of multiplying the value of sanction of the respective, existing species at the date of the infringement by twice the excess, expressed in tons. In addition, as captured in excess will be deducted from authorized tons to capture for the next calendar year. In the event that the target does not have a handmade mapping to enable it to carry out mining or this is insufficient, the discount will be replaced by a fine equivalent to what results from multiplying the number of tons that should be discounted for four times the value of sanction of the respective species.
However, the sanction of discount always will be effective in the assigned quota, even though the offending owner, tenant or mere fork, has alienated it during the aftermath of the sanctioning procedure or legal claim, unless the sanction or the existence of the sanctioning procedure have joined regardless of the entry in the register referred to in article 30 subsequent to the disposition lease or exchange of fork.
The fishermen that they are holders of a collective assignment, regardless of this, shall be jointly and severally liable for the infringement referred to in the preceding paragraph.
(The fisherman whose ships landed and not report their catches in accordance with the procedure referred to in article 63, when appropriate, or failing to comply with the procedure of certification, where applicable, within the meaning of article 64 and of this law, shall be you punished administratively by a fine to be determined in the following way: to) a fraction of fine all events of 30 monthly tax units on ships of up to 12 meters and 60 monthly tax units in the other artisanal vessels and, b) a fraction of the fine equivalent to the result of multiplying the value of sanction of the respective, existing species at the date of the infringement, the Hydrobiological resource tons which have been subject of the offence.
The fisherman, whose ships carry out disposal in contravention to the provisions of this law, punished you administratively by a fine to be determined in accordance with the procedure of the subsection above but applying multiplication in double excess of discarded tons which have been subject of the offence.
In case tons may not be object of the offence, in the determination of the penalty shall apply the result of multiplying the value of sanction of the respective, existing species at the date of the infringement, the average tons of catches landed by ship fishing trip in the immediately preceding year. If the ship did not operate in the preceding calendar year shall be the average of two ships having higher catches by fishing and similar travel features nautical, art or tackle fishing and fishery infringement. "."
((59) Incorporanse the following modifications in article 55 I, which happens to be 55 N, integrating that article 4 °, new paragraph, after article 55 M referred to in the paragraph above: to) replace paragraph first the expression "in regions not subject" by "not submitted".
(b) Intercalanse the following second and third paragraphs becoming the current fourth and fifth, and so on: "also, holders of artisanal allocation referred to in the preceding subparagraph transferable wholly or partly tons allocated for a calendar year to a holder of tradable fishing licence of the species in question, who may remove them according to the regulations and within the authorized fishery unit and this always be performed within the same population unit.
In the case of artisanal mining area regime, fleet or organizations, at the request of transfer shall include the agreement of an absolute majority of fishermen that are part of the various units of those arrangements. "."
(c) insert in the third paragraph, which happens to be fifth, between the words "assignor" and the expression ", in accordance", the following: ", where appropriate" and add the following final sentence: "in these cases and depending on the regime of contractual or employment that rija the relationship between the shipowner and the skipper or crew, must be paid the Party agreed in the respective contract or remuneration" , by the transfer of quota that has been made. "."
(d) incorporate a new subsection of the eighth, becoming the current ninth, read as follows: "the limitation of the preceding subparagraph not governed with respect to the fishery for toothfish and Conger gold in X Los Lagos regions; XI of Aysén of the General Carlos Ibáñez del Campo, and XII, Magallanes and Antártica Chilena. "."
60) Agreganse the following items 55 O), 55), 55 Q), 55 R), 55 S) and 55 T): "article 55 or.-administrative sanctions referred to in the preceding articles, shall be applied in accordance with the procedure laid down in this article, by resolution of the Regional Director of the service having jurisdiction in the place where they have beginning of execution the facts which constitute the offence."
In cases that, according to the service, you configure any fact establishing infringement, shall notify this circumstance to the alleged infringer, by sending him the report of violation and all the background on which it is based.
The procedure laid down in this article may be initiated ex officio or at the request of the person concerned.
The respondent shall have a period of 30 calendar days to assert their disclaimers and in the same presentation, must secure home in the urban radio where operates the Regional Directorate for fisheries competent, for purposes of practice notices that clear on the record. The omission shall entitle the service to notify the defendant or offender through your website by means of a notice published in a regional newspaper for the first days or fifteen, or the following business day, if they be holidays or electronic domain.
Received the disclaimers or passed the time period granted for this purpose, the service may order the opening of a trial period, for a period not exceeding thirty days nor less than ten, so that they can practice the measures or proceedings which may be relevant. The alleged infringer in their disclaimers, may propose the realization of measures or evidentiary proceedings, which may only be rejected when they are obviously irrelevant or unnecessary, by a motivated resolution.
The facts under investigation may be accredited by any means of proof permitted in law, which will be evaluated in accordance with the rules of healthy criticism.
Resolutions of mere formality in the sanctioning procedure, at the request of the offender, may be notified to the e-mail address indicated in your first presentation.
Expiry of the period to enforce disclaimers, or expired trial period, the service dictate a resolution of acquittal or conviction, which must be notified to the violator by certified letter, which means legally practiced after a deadline of three days, counted from his office by the office of Correos.
Respective Regional Director shall appoint an official of its dependence to exert the function of Minister of faith, with respect to the evidentiary proceedings and resolutions which are clear in the procedure.
Article 55 P.-in the event that the fishermen commit more than two violations of this paragraph, within the period of two calendar years, regardless of their nature, shall apply, in addition, the highest penalty referred to such violations.
Article 55 Q-the sanctioned will have a period of 15 working days, from the notification of the sanctioning decision, to claim it before the Court of appeals concerned, which shall be dealt in mind on the admissibility of the claim and whether this has been lodged within the legal term.
Admitted the claim, the Court will give transfer by 15 business days service. Evacuated the transfer, the Court will order to bring cars in relationship, adding the cause in an extraordinary way to the table of the next day, previous draw the room where appropriate.
The Court will issue a ruling within 15 days.
The resolution issued by the Court of appeals shall be final within the next ten days, appeal that will get to know note the Supreme Court, without waiting for the appearance of the parties, unless it deems bring cars in relationship. Not proceed by an appeal against the final judgement by the Court of appeal.
The service will always have the right to take part in these processes, in accordance with article 123.
Article 55 R-resolutions applying sanctions in accordance with the preceding articles only be met once they are ordered. The amount of the fines imposed by the service will be a tax benefit, and must be paid into the General Treasury of the Republic, within the period of 10 days, from the date that the resolution which imposed it is enforceable.
Payment of any fine applied in accordance to this title shall be accredited to the service, within the ten days following the date on which this should be paid.
A traditional allocation holder is jointly and severally responsible for fines imposed on the lessee or mere holder of its allocation.
The sanctioned, holder, lessee or merely a license holder of fishing or special fishing permit or the owner of an artisanal individual allocation or craft owners a collective assignment which has not learned the fine in cash holders-tradable within the legal term, as measure of constraint may impose is the suspension of their fishing rights and consequently , the prohibition of departure of your boat, as do not make full payment of the fine imposed. Also, if the sanctioned persons of such instruments or any expired you, the fine will be executed by the General Treasury of the Republic.
The hard pressed that suspendue measure imposed in accordance with the preceding paragraph, shall be punished by suspension of the license, permit or assignment individually or collectively by a year. License, permit, or individual or collective mapping all expire in the event of a repeated offence within three years from the end of the suspension.
Article 55 S-for purposes of prescription for action both to sanctions shall apply article 132 bis.
Article 55 T-in the event that a tradable fishing license holder transferring, wholly or partly, tons representing its tradable fishing, in a calendar year, license one or more craft owners registered in the respective fishery, this should register in the register referred to in article 29 of this law and may extract tons loaned within the region corresponding to your respective registration artisan registration , complying with the requirement of certification of catches at the time of disembarkation in accordance with article 64 E. "."
(61) be replaced with article 63 the following: catches shall record and report in the logbook of fishing that each owner shall carry on board. " In the case of industrial owners this blog will be electronic and must have the ability to report catches lance at lance. A regulation will determine the information which should contain the blog, which at least shall include release of fishing or other form in accordance with the fishing operation, the date and location of the lance of fishing. The service will determine the timing and conditions of delivery of information capture.
(b) landings shall inform, in the conditions and opportunity determined by the regulation, at the time that this occurs or at the time determined by the service, either in Chile or abroad.
(c) in the event that there are differences between the information capture and disembarking, the service shall establish a procedure and technical criteria by which catch and landing, differences will be resolved and must consider the plan of reduction of bycatch and discard provisions. Everything that exceeds in accordance with the above procedure, will be imputed to the global catch quota or quotas assigned individual or collective.
The same obligation of the letter b) must comply with transport boats, collectors from shore, divers, apnea divers and fishermen's organizations craft handlers of management areas, conditions and opportunity determined by the regulation.
Process plants or processing holders and persons performing activities of commercialization of hydrobiological resources, shall inform the service supply of hydro-biological resources and finished products derived from them, in conditions and opportunity to determine the rules of procedure.
Who perform any kind of activity of aquaculture and to any title, will inform in accordance with the regulation, about structures used in the cultivation, supply, existence, harvest, health situation, origin and destination of the copies.
The information capture, landings, supply and marketing of hydrobiological resources, referred to in the preceding subparagraphs must be legal origin, meaning, those captured or acquired, processed or marketed complying with national fisheries legislation and international treaties in force in Chile. The procedure, conditions and requirements of the accreditation of the legal origin of the hydrobiological resources, shall be established by a resolution of the service. "."
(62) incorporate the following article 63 c: "article 63 c-only you may disembark hydrobiological resources in points or ports of unloading service authorized by resolution."
To grant this authorization, the service must take into account the following: a) the way how the fishing extractive activities in order to not interfere substantially with these, taking into consideration the characteristics of the place of unloading, the type of ships or boats that make them as well as schedules and natural fishing operation conditions are developed.
(b) the resources necessary for the effective control of landings.
(c) the health characteristics of infrastructure support to the landing of the place to authorize, in such a way that they are appropriate for this activity.
(d) compliance with holders of the point or port of landing of the conditions of the decree granting maritime and fisheries regulations.
The breach of any of the obligations and conditions laid down for the service, concerning points or ports of landing by the authorized will be incurring sanctions than to effect the offender is provided for in article 113 B of this law. "."
(63) insert in subparagraph first of article 64 B between the word "industrial" and the expression "registered in Chile" prayer: "from artisanal vessels of an overall length equal to or superior to 15 meters and transport vessels, as well as for artisanal vessels of an overall length equal or exceeding twelve metres and less than fifteen meters recorded in pelagic fisheries with the art of siege" , and add after the word "sea." the following final sentence: "with the exception of vessels which carry out mining operations registered in benthic resources.".
(64) Agreganse the following items 64 and 64 F, 64 G and 64 H, becoming current articles 64 E and F 64 articles 64 I and 64 J, respectively: "article 64 E-holders of any instrument authorizing the extraction of industrial fraction of the global quota or fishing authorisations, as well as traditional owners of vessels of a length equal to or greater than 12 meters and the owners of vessels" transporters must provide service information landing by fishing trip referred to in article 63 of this law, certified by an audit entity accredited by the service.
For granting the certificate, landings or if fishery products, must weigh unless service founded, through resolution, except it by applying an equivalent method. Used weighing system must be enabled by the service.
Form, requirements and conditions of the certification and accreditation of audit entities and the weigh-in, as well as timing, place, form of payment and other operational aspects of the system, will be established by the service through resolution. Service must comply with the mechanisms of law N ° 19.886, where relevant, for purposes of determining the company authorized to operate in every area. The company arising as this process awarded in each zone is that complying with the requirements in the bidding rules, offer the best conditions for the exercise of their duties.
The maximum tariffs for the services of certification, which must be paid by ship owners or, if necessary, by holders of transport vessels will be established in certain amount of the respective currency of legal tender per ton of raw material landed, or resource tariffs differentiated in consideration of the species, quantity, time and geographical location of the landing can be seen , and will be fixed in the resolution service that resolves the hiring of certification. Concerned fees shall be paid to the auditing entity through the service. For this purpose, the Regional direction of service corresponding to the place where the provision of services of certification, will receive the funds received for the payment that carried out the owners and managers of these services. Such funds shall be managed as extrabudgetary to using complementary accounts for this effect. In the event of non-payment, the auditing entity may suspend certification, authorization of the service. The holders and owners will have to pay for the services of certification will be that laid down in the resolution of the service. Also, for the purposes of the provisions of point (b)) article 5 of law No. 19.983 °, the service will certify, at the request of the audit entity, the fact of respective period having elapsed without that the shipowner has consigned ready account for this effect the necessary funds to cover the payment concerned. The service will not have any responsibility for payments owed by owners and shipowners to audit entities.
The certifier certifying a false fact or non-existent or making a malicious use of certification of landings shall be punished by the penalties laid down in articles 194 or 196 of the Penal Code, as appropriate. For all purposes, means that the certificates constitute public instrument.
Auditing entities will be covered by the service, owing, inter alia, carry out directly, or through third-party audits to evaluate the performance of audit entities. The results of these audits shall be published in the electronic domain of this service site.
Article 64 F-the qualification and control of weighing systems used for the certification of landings referred to in the preceding article, shall correspond to the service, as well as the verification of the parameters metrology and inspection of its operation and use.
The service will establish a procedure of enablement and control systems of weighing and a period of calibration and verification of metrological system operation parameters. The service may suspend or expire the weighing system enabling when the metrological parameters are outside the established margins or they have been adulterated.
Article 64 G-is prohibited to fishing vessels and artisanal vessels operating in fishing areas subject to restriction or prohibition of arts or fishing gear, carry or keep on board these art or prohibited gear.
Article 64 h.-the service object of the global catch of a particular fishery quota control, will determine your closing date 24 hours in advance. This information will be published in the electronic domain page and must be informed by the General Directorate of the maritime territory and merchant marine who are conducting fishing operations. "."
(65) replaced article 65 with the following: "article 65.-shipowners, carriers, developers, marketers and distributors must carry along with the products, the documents certifying the legal origin of the resources hydrobiological and its derived products.".
((66) amended article 69 in the following sense: to) delete, in the third paragraph, the phrase "in accordance with the provisions of articles 80 bis and ter 80 and will grant their holders rights that those provisions".
(b) disposed of, in the fourth paragraph, the sentence "or from the date of its enactment, as appropriate." She must be point registering of the regime which has been under the concession or authorization of respective aquaculture, in accordance with the provisions of articles 80 bis and ter 80".
(67) remove the final subparagraph of article 69 bis.
(68) Suprimense second and third subparagraphs of article 77.
(69) removed the final paragraph of article 78.
((70) amend article 80 in the following sense: to) delete, in the second subparagraph, final sentence: "the resolution granting the concession or authorization of aquaculture must indicate the regime which is subject, in accordance with articles 80 bis and 80 ter.".
(b) Eliminanse, in the final paragraph, the word "Navy", and add the following final sentence: "the register shall be public and the information contained in it should be updated in the electronic domain of the Undersecretary page.".
(71) Eliminanse articles 80 bis and ter 80.
((72) modified article 81 in the following way: to) in the first paragraph: Reemplazanse the phrase "or authorizations for aquaculture, what ever the regime to which they are subject, shall be entered in the register of concessions or authorizations of aquaculture that will take the Undersecretary of Navy or fishing, as appropriate," by "aquaculture or to enable the exercise of the activity of aquaculture in them" ', shall be entered in the register of aquaculture concessions that will take the Sub-Secretary of fishing and aquaculture ", and the phrase"and must prove found daily in the payment of patent of aquaculture,"by the following text:"as also the power of the legal representative of the Contracting Parties, as appropriate; a certificate of mortgages, liens and disposal bans issued by the real estate conservative that has jurisdiction in the commune in which the grant; is located proof of payment of the patent of aquaculture for the year is requested registration and a certificate issued by Treasury that realize that there are debts of aquaculture unique patent pending. "."
(b) replace the second paragraph by the following subsections second and third: "registration of concessions will be public and shall be available for consultation on the electronic domain of the Undersecretary. Shall be recorded in the register of grants of the income of all applications for registration, from the date of its receipt.
Not the acts referring to concessions with respect to which there is legal or judicial, prohibition shall be entered or while they are the subject of negotiations in accordance with the law N ° 19.220 and from others that point to the regulation. Conventional prohibitions shall be recorded for the sole purpose referred to in article 81 bis. "."
(c) delete the third paragraph.
(d) replace the fifth subparagraph by the following subsections fifth and sixth, new: "acts of transfer, lease and any other involving the transfer of rights over aquaculture concessions will not be opposable to third parties nor will enable the exercise of any activity in the respective concessions, while they are not registered in accordance with the preceding subparagraphs. The concession which is transferred, leased or that is the subject of another legal act, shall be subject to the same object, surface and the requirements and modalities that were in force at the time of the transfer.
The service may only endorse documents and enable the movement of specimens from the farming Center corresponding to the grant, who prove their ownership or rights to exercise the activity of aquaculture in it by means of its registration in the register of concessions. "."
(e) Eliminanse seventh and eighth subparagraphs.
(73) replaced article 82 by the following: ' article 82.-in the event of the death of the holder of a concession of aquaculture, succession, through common representative, shall submit to the Undersecretary for the armed forces, within two years of the death of the deceased, copy to authorized the registration of effective possession at the Civil Registry and identification " , so proceed to issuing a new decision in favor of the heirs, which shall be registered by the Secretariat to the registry of aquaculture concessions. "."
(74) added the following subsection eighth, new, to article 84: "excepted also of the provisions of this article, organizations composed only by fishermen, whose concession or concessions granted exclusively for the cultivation of algae have a total length equal to or less than 50 hectares in the event exceeds the proportion of surface per Member not exceeding a hectare.".
(75) Reemplazanse articles 91 and 92 by the following articles 91, 92 and 92 A: "article 91.-the Undersecretary shall draw up the necessary research programme for the regulation of fishing and aquaculture."
The program will generate a set of systematic observations in time and certain geographic areas of the hydrobiological resources and their ecosystems, whose analysis allows to know his State of situation, patterns and trends. In addition, this programme will include research and the monitoring and analysis of oceanographic, environmental and sanitary conditions appropriate for the exercise of sustainable aquaculture. The results of the implementation of the programme of research will form the basis for the Foundation of management and conservation measures, as well as, in general, the process of decision-making for extractive fishing and aquaculture.
The research program will have permanent projects and other occasional. Without limiting the foregoing, the permanent may be reviewed at the time, in accordance with the increase of the demand for knowledge of the relevant variables for the regulation of fishing and aquaculture.
For the elaboration of the programme, the Secretariat may require proposals for research councils national and zonal fisheries and the National Committee on aquaculture, as well as the Institute of fisheries development. It should also require proposals technical scientific committees, as well as the Institute of fisheries development. The Secretariat shall be the requirement in January of the previous year in which should govern the program and required agencies will have until March 31 to submit their proposals.
With the information obtained, the secretariat will develop prioritized research program, approving it by resolution and it will be published in the electronic domain page.
Article 92.-the program of basic and permanent for the regulation of fisheries research and aquaculture, it may be carried out by the Institute of fisheries development and in it must be at least: a) the direct assessment of biomass and abundance of fish stocks.
b) the evaluation of stock through modeling, in order to determine the situation and possibilities of biologically sustainable exploitation or total allowable catch.
(c) the monitoring and systematic monitoring of fisheries, population dynamics and their oceanographic conditions.
(d) the monitoring or follow-up activities of aquaculture, species living aquatic constituting pests and the obtaining of the Oceanographic information required to ensure the sustainable exercise of the latter.
(e) programmes concerned with the health and environmental status of the areas in which aquaculture is carried.
Within the program of basic research to be carried out by the Instituto de Fomento Pesquero, admire an emergency reserve to finance projects or activities based on changes in the Oceanographic and environmental conditions that cause, to turn, alterations or changes in the behavior of resources in unexpectedly. The amount of such projects must be attributed to the annual budget for basic research and may not exceed 3% of the same.
The Fisheries Development Institute may subcontract the projects that constitute the programme of basic research, which should be through public tender.
The research contained in the research which is not carried out by the Institute of fisheries development programme can be carried out through the fisheries research fund.
Article 92 A.-the budget of the Ministry of economy shall annually consult resources to finance the programme of basic fisheries research and aquaculture that make the Instituto de Fomento Pesquero, in accordance with the preceding articles.
The Secretariat shall draw up technical terms of reference of projects, informing the Ministry in the opportunity that this determines.
For the application of these resources you must sign an agreement between the recipient organism and the Undersecretary of economy and companies of lesser size, including a programme of work that define specifically, as the case may be: each of the concepts that will be applied the transferred resources; each of the research studies to determine the situation of different fisheries, oceanographic conditions, and each of the research studies designed to evaluate the health and environmental effects of aquaculture, which are financed with these resources.
Within the research program funds for the hiring of external evaluation for every project, through which to verify the compliance of the technical terms of reference, and the technical quality of the results obtained must be seen. The regulations shall determine the procedure for selection of the external evaluators and accreditation of their experience, expertise and suitability to carry out such work. A public and transparent system of selection of the external evaluators should contemplate. "."
(76) added to the heading of the 2nd paragraph of title VII, after the word "Fishing", the expression "And of aquaculture".
(77) incorporated into article 93, after the word "Fishing", the first time it appears, the expression "and aquaculture".
(78) replacements articles 94, 95 and 96 for the following: "(Artículo 94.-El Fondo de Investigación Pesquera y de Acuicultura será administrado por un Consejo, integrado por las siguientes personas: a) the Undersecretary, who will preside over it."
(b) a representative of the National Oceanographic Committee.
(c) a scientist from the fishing area, and accredit professional degree from, at least 8 semesters, specialising in Sciences of the sea, chosen by the Chilean society of marine sciences.
(d) one representative nominated by the Chairmen of the technical Scientific Committee of fisheries.
(e) one representative nominated by the Chairmen of the technical Scientific Committee of aquaculture.
(f) two specialists in the fishing area, which will be chosen by the Ministry from a shortlist presented by labour, industrial and handicraft sectors of the National Board of fisheries.
(g) two specialists in the field of aquaculture, animal health or environmental materials or natural resources, appointed by the Ministry from a shortlist presented by the National Committee on aquaculture.
In the case of the letters b), c) and (d)) shall designate, in addition, to an alternate.
Article 95.-The rules of functioning of the Council and decisions shall be determined by regulation. Without limiting the foregoing, the following rules should be followed: to) the members of the Council shall be appointed by Decree of the Ministry, under the formula "by order of the President of the Republic", and will last four years in office, renewing itself by installments every two years and can be re-elected in accordance with the same procedure.
(b) the quorum for the transaction of business shall be the majority of the members of the Council.
Acts of the Council shall be taken by an absolute majority of its members. The members of the Council individualized in the letters e) and g) shall not be entitled to vote on matters related to fishing activities, as well as individualized in the letters d members) and f) does not have the right to vote on the matters related to aquaculture activities, and in both cases shall not be considered in the quorum for transaction of business and adopt agreements.
((((c) the role of the members of the letters d is incompatible), e), f) and g) of the Council with the status of civil servant, dependent on the Ministry of economy or public dealings dependent; worker dependent of the Instituto de Fomento Pesquero or fishing enterprises or aquaculture, trade associations of artisanal, industrial fishing or aquaculture plants processing or its parent, subsidiaries or affiliates. Persons who hold any of those conditions at the time of the appointment must renounce them.
In any case, the performance as a member of the Council supports teaching positions or functions.
(d) shall be grounds of default in the office of Member of the Board: a. expiration of the term for which he was appointed;
b. waiver;
c. do not attend two sessions without reason during a calendar year;
d. Sobreviniencia of any causal of inability.
En_el_caso_de the letters c) and (d)), the ceasefire will be declared by the Minister. En_el_caso_de the letter b), the waiver will be accepted by the Minister.
If a Council Member cesare in office, may be replaced by the same procedure referred to in point a) of this article.
Article 96.-the Council of fisheries research and aquaculture shall have the following functions: to) prioritize the annual program.
(b) assign, in accordance with the mechanisms set out in law No. 19.886 and its regulations, research projects and the funds for its implementation.
(c) in accordance with the regulations, allocate resources to fund undergraduate or postgraduate thesis related to matters of its competence.
(d) penalize the technical qualification of the research projects, which must be carried out by external evaluators who are of equal or superior qualifications or professional experience of those who carried out the research.
(e) preparing and disseminating the annual report of activities.
Before starting the procurement procedure, technical terms of reference of each project should be submitted to the Secretariat so that it can formulate its observations and suggestions within the period of fifteen days, from your referral. If the Secretary is not pronounced in due time, will proceed without any further formality. In the case of formulating observations or suggestions, they should be considered and may only be rejected by decision of the Council.
The regulations will establish the disability standards applicable to those involved in research projects, guarantees and other provisions that ensure the quality in the execution of projects, as well as the adequacy and independence of whom awarded them. Must be seen, likewise, the procedure of registration and selection of external assessors and accreditation of their experience, expertise and suitability to carry out such work. A public and transparent system of selection of the external evaluators should be seen.
The resources allocated to the Fund may provide an amount to finance thesis of undergraduate or postgraduate course in matters inherent to their activities. The regulations shall determine the requirements and conditions as shall be assigned to which this type of financing.
The mechanism of allocation of projects should be considered a greater weighting of regional institutions participating in the contests of research carried out in their area.
The State of progress and final reports of each of the investigations will be delivered to the Secretary and will form the basis for the adoption of conservation and management measures and, in general, to the decision-making process.
Article 96 A.-the Fund will have an Executive Director, who shall be appointed by the Undersecretary of fisheries.
It will be up to the Executive Director: to) comply with and enforce agreements and instructions from the Council, and perform the acts and functions this delegated in the exercise of its powers.
(b) propose to the Council the prioritization of Research Fund program, run once approved research programme, and propose modifications in the prioritisation required during its execution.
(c) to manage the Fund, subject to the agreements and instructions which, in effect, adopted by the Council.
(d) attend, with the right to speak, to the sessions of the Council and orders and measures requiring its operation.
(e) regularly inform the Council about the technical and budgetary execution of the programme of research and compliance with their agreements and instructions.
(f) offer, tender, award, purchase and contracting goods and services for the proper running and operation of the fisheries research fund from the budget of the Fund allocated by the law of budgets for each year, regardless of its amount. For these purposes, the Executive Director must resort to mechanisms referred to in law No. 19.886 and its regulations.
(g) other governing laws. "."
(79) replace, in article 107, the word "developing" by the words "having, store, transform".
((80) amending article 108 of the mode that follows: to) is, in the first part of the subsection first add, after the word "offences", the following sentence: "this Act, its regulations or".
((b) replace the letter e) with the following: "e) Comiso living aquatic species or products derived from these. This sanction shall apply to violations of the rules of recreational fishing, where so required by the nature of the offence. "."
(c) add the following final new subsection: "in this article is without prejudice to other penalties provided for special cases for this Act.".
(81) merge the following article 108 A: "article 108 a.-for the purposes of this Act, relapse means the repetition of any infringements of this law and its regulations, or measures of fisheries administration, committed within a period of two years, from the date that it is enforceable conviction." In case of recidivism, the fines and closure period will double, unless otherwise specified. "."
(82) replaced article 109 with the following: "(Artículo 109.-De las infracciones serán responsables: a) of violations of the prohibitions of capture or extraction or landing of species living aquatic, and realization of fishing without result of capture operations, will respond to industrial fishing owner or artisanal fishing ship owner and captain or pattern of the ship with which the infringement is committed."
(b) on violations of the prohibitions of transport liable transport entrepreneur, to the wording of the provisions of the final paragraph of article 166 of the code of Commerce.
(c) violations of the prohibitions of marketing answer the natural or legal person who exercise commercial activity, to the wording of the provisions of article 7 of the commercial code.
(d) of the offences of possession and possession prohibitions liable holder or mere fork. The porte of the hydrobiological resources and products in means of transport, private, or that are conducted as part of the baggage of the driver or people who travel as passengers in public transport, constitutes, for these purposes, tenure.
(e) violations of the prohibitions of transformation answer the natural person or legal holder of the registration that enables it to carry on the business. In the absence of this, will respond to the natural or legal person who commits the offence.
(f) violations of the prohibitions of storage answer the natural or legal person who carries on the activity of deposit of goods, meaning storage, care, conservation, management and distribution of property or goods entrusted to his custody. Storage in places whose special aim is not the tank as previously, constitutes, for these purposes, tenure.
(g) If an offence has been committed by two or more persons, each of them will be jointly and severally responsible for the payment of the respective fine.
(h) if the offence is committed by a legal person, with her liable jointly and severally, in the civil and administrative area, his legal representative, unless their lack of participation or opposition to the fact establishing infringement, however constare any limitation established in the statutes or acts constituting the partnership, Corporation, or Foundation. "."
((83) amending article 110 of the mode that follows: to) removed, in the first part of the first paragraph, the phrase "or complaint", and added, then the expression "weight physical," the following: "and with the seizure of living aquatic species with nets and fishing gear, or equipment and diving suit, as appropriate, with which the offence has been committed" ,".
(((((b) Insert, then the letter to), the next letter b), new, passing the current letter b) to be c): "b) reporting catches of less than the real living aquatic species, including the concealment of landed catch." The sanction will apply on the total catch made. "."
((c) add the letter c), which happens to be d), then of the dot (.) end, which happens to be comma (,), the phrase: "or in contravention of the provisions of these.".
((d) replace, in the letter d), which becomes e), the expression "respective" with the phrase: "fishing craft or in contravention of the provisions of the respective registration.".
((e) eliminate the current letter e).
((f) replacements f letters) to i) by the following: "f) catch species living aquatic in contravention to the provisions of the letters c) and (d) of article 3 and the letter c) article 48."
(g) capture species living aquatic in the reserve of the fishing area, without having the authorisation established in articles 47 and 47 bis.
(h) capture on the high seas with ships flying the Chilean flag, violating the rules of the treaties or conventions international ratified by Chile and are in force, except in cases of straddling and highly migratory fisheries in which shall be punished as provided for in article 40 D and paragraph 4 ° of title IX.
(i) catch species living aquatic with a ship, with violation of the rules on the functioning of the system of automatic positioning at sea. "."
(((((g) Incorporanse the following letters j), k), l) and m): "j) capture species protected by international conventions of which Chile is party, provided that the prohibition of temporary or permanent capture have been ordered.
(k) capture low living aquatic species the size minimum established extraction and in excess of the margin of tolerance authorized by each species. The sanction applies only on the mentioned excess.
The amount of resources under size may be determined by means of a sampling system, whose procedure is established by resolution of the national fisheries and aquaculture.
(l) capture species living aquatic crafts or fishing gear prohibited or in contravention to the regulations laid down in article 4 of this law.
(m) capture a kind hydrobiological as bycatch in a proportion greater than that established in the corresponding Supreme Decree. The sanction applies only on the mentioned excess. "."
(84) add the following article 110 ter: "article 110 ter-shall be punished by two monthly tax units for each ton of thick Registry of the ship that is committed the offence, and the confiscation of nets and fishing gear, or equipment and diving suit, as appropriate, operations of fishing without result of capture, in the following cases" (: a) without prior authorization, permit or license, or in contravention of the provisions of these.
b) without being registered in the artisanal fishing registry or in contravention of the provisions of the respective registration.
(c) on the high seas with ships flying the Chilean flag, violating the rules of the treaties or conventions international ratified by Chile and are in force, except in cases of straddling and highly migratory fisheries in which shall be punished as provided for in article 40 D and paragraph 4 ° of title IX.
(d) with violation of the rules on the functioning of the system of automatic positioning at sea.
(e) with arts or prohibited fishing gear. If ships or fishing boats are not perpetrating, the penalty will be a fine of 3 to 300 monthly tax units and will respond to who performs such activity. Shall be punished in the same way the porte or possession of prohibited, in accordance with the provisions of point (c) paints and Arts) of article 6 A of this law. "." 85) incorporated the following article 110 c: "article 110 c-shall be punished by a fine of 30 to 100 monthly tax units the captain or pattern of an industrial or handicraft ship that dull, by itself or by third parties, the tasks of scientific observers on Board of the same, or which do not grant the necessary facilities so that they do their jobs."
Same penalty shall apply to the master of a ship industrial or handicraft that failing to comply with the obligation established in the fourth paragraph of the article 6 B. "."
(86) replaced article 111 with the following: "article 111-shipowners whose ships have adulterated inviolability of satellite positioning system seals, shall be punished with a fine of four monthly tax units per ton of thick Registry of the ship where the offence was committed." In any case, the fine may not be less than 150 monthly tax units.
The pattern of the ship shall be punished in the case of the preceding paragraph, with the suspension of their license for a period of 90 days. "."
(87) replaced, the final sentence of the first subparagraph of article 111 A, by the following: "where in the case of species subject to tradable fishing licences, shall apply the sanctions provided for by article 40 C of this Act.".
(88) replaced article 112 by the following: ' article 112.-in cases of the 110 articles, 110 bis and ter 110, the captain or pattern of industrial fishing ship with which the offence has been committed shall be punished personally with a fine of 30 to 300 monthly tax units, and the pattern of the crafted, with a fine of 15 to 150 monthly tax units. "
In addition, applies them, in accordance with the rules of paragraph 3 of this title, the sanction of suspension of the title of master or employer from 30 to 90 days. In the event of recidivism, the penalty shall be cancellation of the same. "."
(89) replace paragraph end of article 113 with the following: "natural or legal persons who perform activities of aquaculture in any capacity and deliver false about the operation of farms that are holders, or information on the health of the same condition relating to diseases of high risk, they will be punished with fines of 500 to 3,000 UTM and suspension of operations up to two consecutive crop seasons. The same punishment will be imposed on those who delivered incomplete information or subreportes or deliver information after the deadline, unless it is in this case of the information referred to in article 118 ter letter g), in which event applies the procedure and the penalties indicated in this standard. They shall be punished in the same way, natural or legal persons performing activities subject to protection measures provided for in the regulations referred to in articles 86 and 87 of this law and which engage in the above behaviors. In the event of recidivism, the penalty will be doubled. "."
(90) incorporated the following article 113 B, becoming the current article 113 B item 113 c: "article 113 B-shall be punished by a fine whose amount shall be equal to the result of the multiplication of tons of thick Registry of the offending ship by average monthly tax unit to the date of the judgment, the holder of an authorization of fishing and artisanal fishing registration that operate a ship by altering the basic features contained in" the authorization.
The ship that caused the violation will not be allowed to operate, while the holder does not replace this the characteristics specified in such authorization. "."
(91) deleted, article 113 B, happened to be 113 C, the phrase "and in law N ° 19.713".
(92) incorporate the following article 113 D, new: "article 113 D-will be punished with a fine of 30 to 500 monthly tax units owner industrial or artisanal fisheries whose ship or boat landing hydrobiological resources in a point or port not authorized by the service, or breach of the obligations and conditions laid down in the resolution authorizing the landing sites." In the event of recidivism, the penalty will be doubled. "."
(93) replaced in subsection first article 115 prayer "a fine equivalent in pesos gold, 100 to 150, to the daily value set by the Central Bank of Chile at the time of payment, for every ton of thick of the offending ship registry", with "fine from 60 to 400 UTM per ton of thick Registry, or its equivalent in units of tonnage".
((94) amending article 116 of the form indicating below: to) replace, in the first paragraph, the phrase "to breaches of this law" by "To violations of the rules of this law and its regulations or the fisheries management measures adopted by the authority". Also replaced the phrase "at the date of the enactment of the sentence" by "existing at the date of the complaint". In addition, joining after the dot (.) followed, that happens to be comma (,), the phrase "and the seizure of living aquatic species, the arts or fishing gear and means of transport," where appropriate.
(b) eliminate the final paragraph.
(95) remove the second paragraph of article 118.
96) amending article 118 ter in the following sense: to) added, in the first subparagraph, the following letter g): "g) not to give information about the health of the center of culture condition relating to diseases of high risk required under the regulation referred to in article 86, or in health programmes in accordance with that regulation or taking it out of time.".
(b) replace, in the third paragraph, the phrase above "(En el caso de la letra f)", by "(En los casos de las letras f) and g) above".
(97) replaced article 119 by the following: "article 119.-shall be punished with fine of 30 to 300 monthly tax units, and the confiscation of living aquatic species and means of transport used, when appropriate, and, in addition, with the closure of the establishment or premises that has been committed the offence for a period not less than 3 nor more than 30 days" (, the transport, possession, possession, storage and marketing of species living aquatic under the established minimum size and hydrobiological resources restricted, or extracted with violation of article 3, point (c)), or the quota established under the traditional extraction system, and products derived from these. "."
(98) repeal of section 120.
(99) incorporate the following article 120 C: "article 120 C-by resolution, and prior favourable report from the Secretariat, the service will determine minor violations that will result in non-conformities." Formulated in writing a disagreement, it must be remedied within a period not to exceed 10 calendar days. The expired, if there remains dissatisfaction, it shall send the infringement in accordance with the rules that apply and if it has been remedied, is will not be a violation. The accessibility issues can only be respect of procedures, failure to comply with time limits or other misdemeanors that do not import as a result endangering the country's environmental and health heritage. "."
100) replace, in article 121, the phrase "Processing" by "Transformation", and the word "development" by "possession, tenure". Also, incorporated after the expression "monthly tax units"phrase"," with the confiscation of fins and the means of transport used, where appropriate. In addition, replaced the expression "up to a period of 30 days" with the phrase "for a period of not less than 3 nor more than 30 days".
101) replace, in article 121 bis, the number "10" by "30".
102) in article 122:
(a), in subsection first add, after the word "law", the phrase "its regulations and fishery management measures adopted by the authority", and in the second paragraph, after the expression "fishing" the phrase "and aquaculture".
((b) disposed of) (b) the final sentence of the first paragraph below the followed period (.), that becomes a separate point, and removed the second paragraph.
(((((((c) Agreganse the following letters or), p), q), r), s) and t): "or) require the organs of the administration of the State information and data that are necessary for the fulfilment of the tasks entrusted in this law.
(p) order to captains or patterns of ships or fishing vessels mandatory landfall in the nearest port from the operation of the ship, where I can download its capture, in order to inspect the ship, arts and gear and catch on board, when the breach of legal minimum size and quota management measures be presumed founded. In the event of opposition to the given order, service officer may request the assistance of the security forces to the maritime authority, which may seize the ship and steer it to port.
(q) in the case of health emergency, determine the place of final disposal of mortalities and waste than the owners of farms must be used, prior compliance with the requirements defined by the competent authorities. The owner of the center of culture will assume the costs arising from the disposal.
(r) control the safety of fishery products and aquaculture of export and grant the relevant official certificates, when petitioners required to do so.
Inspection, sampling, analysis and collection of these procedures, tasks may be entrusted to entities that comply with the requirements established by the regulation.
(s) require those shipowners whose vessels are fishing trips longer than 5 days, information from fishing activity, in relation both to accumulated by species and daily catches and products by species, in the case of factory ships, as determined by the service through resolution.
t) designate certifying officers officers for inspection, sampling, analysis and certification of the health condition required by health surveillance and control of diseases of high risk programs dictates in accordance with the regulation referred to in article 86, to the cost of the owners of farms, whose work must be supervised by the service reference laboratories. Breach of procedures or methodologies of analysis as well as the delivery of late, incomplete or false information, will be causal designation revocation. "."
103) replace, in the final paragraph of article 124, the phrase "which is competent in accordance with articles 175 and 176 of the organic code of courts", by "which is found to shift the date on which the infringement according to the rule established in article 175 of the organic code of courts be surprised".
104) amending article 125 follows: to), in paragraph first add the numeral 1), then the word "regulations", the phrase "or fisheries management measures taken by the authority", and in its second paragraph, enter the following final sentence: "the person quoted by the supervisors in the aforementioned way means properly located for the purposes of the aforementioned appearance.".
((b), in paragraph first add the numeral 2), the following final sentence: "the hearings carried out will be held before an officer of the Court, including that of receipt of the testimonial evidence.".
((c) replace the numeral 8) with the following: "8) resolutions shall be notified by the State daily, with the exception of the resolution that is the cause to test and the final sentence, which must be notified by order, in accordance with the provisions of articles 48, 49 and 53 of the code of Civil procedure. The foregoing is without prejudice to the powers of the parties request the judge its notification in electronic form, or by any other means they choose for themselves, and that the judge qualifies as speedy and effective. "."
((d) replace, in paragraph first paragraph 9), the expressions "Communal Treasury" and "Communal Treasurer", "Regional or Provincial Treasury" and "Regional or Provincial Treasurer", respectively.
e) delete, in the first paragraph of article 10), the expression "in five days", and incorporated the following final sentence: "If the offence is committed by legal persons, the arrest warrant will be dispensed against his legal representative, unless their lack of participation or opposition to the fact constitutive of offense, however constare any limitation established in the statutes or acts constituting the society , Corporation or Foundation. "."
((f) replace the last paragraph of the numeral 12) by the following: "decisions handed down in this instance shall be notified by the State newspaper.".
((g) replace, in the first part of paragraph 13), the phrase "or of its regulations"by", its regulations or the fisheries management measures adopted by the authority".
((h) in the third paragraph of number 16), insert, then "4th,", the "5th" expression, and deleted the phrase "and have been pronounced with the omission of any of the requirements listed in article 432".
((i) repeal of number 17, fourth paragraph).
105) replace, in the first subparagraph of article 126, the expression "sport" for "recreational".
106) replace, in article 127, the word "crime" by "warranty".
(107) amended article 129 in the sense that it follows: to) paragraph first, add, then of the locution "fishing gear", the phrase"equipment and diving suit, as appropriate,", and reemplazanse sentences: "and placed at the disposal of the competent judge at the earliest. "Trying to biological or pathological, materials with the exception of", by the following: "being held by the respondent interim depositary, under the legal responsibility of item 470, no. 1, of the Penal Code, while the competent judge to determine their destiny, according to the powers set out in this article, with the exception of the biological or pathological material, for which" except".
(b) add the following final paragraph: "without prejudice to the foregoing, in the case of species living aquatic or their derived products subject to measures of fisheries administration of veda, extracted from marine parks or marine reserves, these should be used only for charities or similar, or order its destruction." If the donation of the same has been disposed, the competent health authority must assess the conditions of food safety or fitness for human consumption. "."
108) Article 130 shall be replaced by the following: ' article 130-goods seized by judgment rendered, attended its nature and the State in which they are found, may be donated to charitable institutions, devoted to the training of fisheries or aquaculture educational, topped in a public auction or destroyed, as determined by the judge who knows the complaint. ".
109) Insert, in subparagraph first of article 131, then of the locution "article 110", the expression ", 110 bis and ter 110".
110) delete subparagraph first of article 132.
(111) amend article 132 bis to following: to) replace, in the first paragraph, the phrase "referred to in this title to" by "to this law".
(b) replace, in the second subparagraph, the term "rendered the conviction" by "firm the sentence or administrative act damning, as appropriate".
(c) add the following final paragraph: "periods of days laid down in this title are days, meaning that the holidays are non-working.".
112) incorporated the following article 139 bis: "article 139 bis.-the extrajere or capturare by any means resources from hydrobiological from an area of management and exploitation of benthic resources, without being the holder of the rights referred to in the final subparagraph of article 55 B of this law, will be punished with fines and penalties established for the crime of theft" , in accordance with article 446 of the Penal Code, according to the value of the extracted resource and, if it has the quality of artisanal fisherman, craft registration will be suspended for two years.
The Court shall order the confiscation of the equipment of scuba diving and the vessels used in the perpetration of the crime. "."
113) PARAGRAPH DELETED.
114) amended article 142 in the following sense: to) delete, in paragraph first letter e), the phrase ", without prejudice to the extension of period granted in accordance with the provisions of article 80 bis".
((b) delete the letter g).
((c) replace, in the letter h), the word "two" for "four", and replace the phrase "the delivery of false information" by "underreporting or delivery of incomplete or false information".
115) in article 143: to) in the first paragraph: i) replace the conjunction "and" between the words "authorizations" and "permissions" by a comma (,) and insert after the word "permission", the phrase "and tradable fishing licences".
((ii) insert in the letter to), then the phrase "extraordinary fishing permits", the expression "and tradable fishing licenses"; and replace the expression "Title IX" by "of this law".
((iii) replaced into the letter b) the expression "not start" by "In the case of fishing authorisations, not start".
(((iv) insert a new point (c)), passing the current point (c)) to be the letter d), and so on, read as follows: "c) capture less than 70 percent of the average landings of the set of tradable fishing of a given unit of fishery licence holders, during the three years of increased landing of a continuous five-year period." The expiry will refer to the percentage resulting from the subtraction of the average of all licensees and the average of the shipowner concerned. In this case excluded cases in which the proprietor has been a circumstance of force majeure duly accredited.
To this effect, the catches made in excess of the authorized will not be considered. Furthermore, the owner, tenant or mere fork has been imposed any of the sanctions set out in this this law, shall be deemed as approved the result after applied the sanctions or. "."
((v) replace the letter d), which has become a letter e), with the following: "e) expiry of 1 month from the due date of the payment of the patent referred to in articles 43 and 43 bis of this law. Case of tradable fishing licenses expiration will be the percentage that represents the tons that have captured the ship covered by the patent in the year preceding calendar.
Having 30 days elapsed from the date of expiry of the specific tax referred to in article 43 this law-ter. "."
(vi) incorporated the following letter k): "k) have incurred to the owner, lessee or mere holder of tradable fishing licenses in at least 3 convictions ejecutoriadas by the Labour Court of lyrics, for breach of article 289 of the labour code, in a period of two years." Offences should refer to workers onboard. In this case the expiration will be of 10 percent of the tradable fishing licence of the dominating species with charge which was operating at the date of the Commission of the offence. "."
(b) be added in paragraph 2 °, then the word "permit", the expression: ", tradable fishing license, or authorization".
(c) be replaced in the final paragraph the phrase "these permissions by calling a proposal" by the expression "tradable fishing licences or permits calling auction".
(d) incorporate the following fourth subparagraph: "the offences giving rise to the expiration dates on permissions, authorizations or tradable fishing licences, shall also apply with respect to successive holders of these, unless the sanction or the existence of a sanctioning procedure has entered regardless of the entry in the register referred to in article 30 , after the alienation or transfer of the same. "."
116) article 144 shall be replaced by the following: "(Artículo 144.-Son causales de caducidad de los planes de manejo y explotación de las áreas de manejo las siguientes: a) exploit the area in contravention of exploitation and management plan approved by the Secretary."
(b) failure to comply with the delivery of the monitoring reports in accordance with article 55 D, for a period of 2 years since this is enforceable.
(c) not have declared extractive activity or does not perform any type of management actions inside, for a period of 3 years in a row.
(Without prejudice to the foregoing, the deadlines set out in the literal b) and (c)), will be suspended of right in the event that the authority declares disaster area in those sectors in which they are located the areas of management and exploitation of benthic resources.
Aging will be declared, after hearing of the titular organization, by resolution of the Secretary and reported to the respective organization of Fishworkers, in accordance with the provisions of the law N ° 19.880.
The Organization of fishermen will be within 30 days counted from notification to hierarchical appeal to the Minister.
Once rendered the resolution that declares the forfeiture, shall be without effect, by the only Ministry of law the Convention concluded with the respective organization of artisanal fishers use. "."
117) add the following rule 144 A: "(Artículo 144 A.-Son causales de caducidad de un área de manejo y explotación de recursos bentónicos, las siguientes: a) that study situation of the area management is not aware of the existence of a natural Bank that present the conditions for the development of a plan of management and exploitation of benthic resources" (,) and (b) in the event that no area is assigned to an organization of fishermen within a period of 2 years from the date of the Decree maritime destination referred to in article 55 A, or the date of term of the last Convention of existing use.
Aging will be declared by Decree of the Minister, signed "by order of the President of the Republic", report by the Secretariat, and published in accordance with article 174 of this Act. Expired the area, will communicate to the Ministry of national defense and void by the only Ministry of law the destination that has been granted. "."
(118) repealed the letter c) of paragraph 1 of article 146.
(119) remove the letter c) Article 152.
120) replaced paragraph 3 ° of the 12th title with the following: "3 ° paragraph of the technical Scientific Committee article 153-believe eight scientific committees technical fisheries, such as advisory bodies and/or consultation by the Secretariat on scientific matters relevant to the Administration and management of the fisheries that have their closed access, as well as, environmental issues and conservation and others deemed necessary by the Secretary" allowing a Committee to address one or more related fisheries or materials.
The committees will be consulted and required through the Secretariat.
Committees shall determine, inter alia, the following matters: a) the State of location of the fishery.
(b) determination of biological reference points.
(c) determination of the range within which you can set the global catch quota, which must maintain or bring the fisheries to maximum sustainable yield. The breadth of the range shall be such that the minimum value is equal to the maximum value less 20%.
Also, besides the subjects referred to in this law, will be available to committees the following matters: to) design of conservation and management measures.
(b) formulation of management plans.
For the preparation of their reports the Committee shall consider the information provided by the Instituto de Fomento Pesquero, as well as from other sources.
Article 154-Believe the committees scientific technical aquaculture, such as advisory bodies and consultation on scientific subjects relevant for the administration of the aquaculture activity, allowing a Committee to address one or more resources hydrobiological or materials. The committees will be consulted and required through the Secretariat.
They should there be three committees for the following subjects: environmental, health, and land use.
Besides the matters contained in the present law the committees see it: to) the methodology to classify farms and groups of award, according to their level of biosecurity.
(b) the proposals for the establishment of macro-zonas according to the rules of procedure referred to in article 86.
(c) the evaluation of the health programmes to aquaculture.
Article 155-The rules of operation, decision-making and the integration of the committees shall be determined by regulation. Without limiting the foregoing, the following rules should be followed: to) each Committee shall consist of not less than three nor more than five members. To participate in the said Committee must demonstrate a professional degree from, at least 8 semesters, specialising in marine sciences related to the management and conservation of fishery resources in the event of the technical fisheries scientific committees. In the case of the committees scientific technical aquaculture of article 154, you must provide proof of having a professional title, at least 8 semesters and specializing in marine sciences, medicine veterinary medicine or other career of Sciences with specialization in environmental materials or natural resources. The members of the Committee may participate in more than one of them.
In the case of benthic resources Scientific Committee may be composed of a maximum of up to 7 members. In addition, in the case of pelagic resources Committee you can be integrated up to the same number of members, and must come from two of them the two major areas in which the fishery is developed.
(b) the members of the Committee shall be appointed prior public tender that take effect the Ministry, and may be re-elected in accordance with the same procedure. The members of the Committee will last for four years in its functions, renewing itself by installments every two years. The appointment shall be made by order of the Minister under the formula "by order of the President of the Republic".
((c) at least one of its members, in addition to complying with the requirement of the letter a), must come from research institutions or universities that have their headquarters in the regions in which the main fishery is distributed or activity subject to the Committee.
((d) incompatible is the function of the members of the technical Scientific Committee indicated in the letter to), with the status of public official dependent or Advisor independent of the Ministry of economy or public dealings dependent; worker dependent or independent advisor of the Instituto de Fomento fishing or fishing companies, associations of artisanal and industrial fishing, or plant processing or its parent, subsidiaries or affiliates. Persons who, at the time of the appointment hold any of these conditions, should renounce them. Contained limitations will remain until a year after their duties of Member of the Committee have ceased. In any case the performance as a member of the Committee is compatible with functions or teaching positions. The members of the committees must submit the Declaration of interests regulated in articles 57 et seq. of the decree with force of law No. 1 of 2001, the Ministry General Secretariat of the Presidency, which sets the text revised, coordinated and systematized law No. 18.575, prior to assuming their functions.
((e) in addition to the members mentioned in the letter a), two representatives of the Secretariat and two of the Fisheries Development Institute will integrate the Committee in its own right. A member of the Secretariat shall exercise the functions of Secretary, who shall be responsible for the minutes of the Committee. Also may participate in the scientific technical Committee on fisheries, to two professionals which are set some causal of inability, but will not have voting rights or to receive viaticum or reimbursement of expenses incurred to attend the sessions of the Committee. f) the members of each Committee shall elect a President. In case there is no consensus in the adoption of the agreements all views should be reflected in reports that are issued.
(g) the quorum for the transaction of business shall be the majority of the members of the Committee.
(h) agreements of the committees shall be adopted by an absolute majority of its members.
((i) shall be grounds of default in the office of Member of the Committee: to) expiry of the term for which he was appointed;
(b) resignation;
((c) not to attend two sessions without reason during a calendar year, and (d)) of any of the grounds of inability to Sobreviniencia referred to in this article.
If a Committee member cesare in office, will be replaced by the same procedure in the literal b) for the period remaining to the replaced. The cessation of the charge will be declared by the Minister.
The Committee has a period of 15 calendar days counting from the date of the request, extendable for another 15 calendar days, to pronounce on the matters in which it has been requested. Met this deadline without any statement of the respective Committee, the Secretariat or the Ministry decision the founded in technical report.
The members of the committees, with the exception of the members of the Secretariat and the Institute, will receive a diet of three monthly tax units for each session you attend, with a maximum of diet for six sessions within a calendar year.
In the event that members have their residence in a locality other than the one in which they sit, will finance the costs incurred to attend, as well as a travel allowance equivalent to that corresponds to an official grade 4 ° of the single salary scale. The Secretariat should consult in its annual budget the necessary funds for the financing of the committees.
121) repealed article 156.
122) incorporated the following 4th paragraph in Title XII: "4th paragraph of the Instituto de Fomento fishing article 156 bis.-the Instituto de Fomento Pesquero, as a technical body specializing in research in fisheries and aquaculture, is a contributor and Permanent Advisor in decision-making with respect to the sustainable use of fishery resources and the conservation of the marine environment actively contributing to the sustainable development of the country.
The Institute can make research of continuity defined in the research programmes.
The Institute will manage the databases generated by research activities and monitoring of fisheries and aquaculture, in accordance with the policy defined by the Ministry. These databases are owned by the State and public access. They must settle, consult technical scientific committees, standards relating to statistical quality, form and content of the data obtained in the implementation of the research programmes.
The Fisheries Development Institute may subcontract the projects that constitute the programme of basic research, which must be carried out in accordance with the law N ° 19.886.
Article 156-the research making the Fisheries Development Institute shall comply with the following requirements: to) be available in a timely manner to support decision making.
(b) comply with the technical terms of reference which develop the Undersecretary.
(c) the Ministry shall ensure the quality of the research in accordance with the following rules: 1. shall submit the reports of the Institute to the review of external evaluators in order to determine whether they comply with the technical terms of reference. Such assessments must verify the technical quality research as well as the results obtained. The evaluation reports shall be public.
2. the methodologies, data collection and the procedures used must undergo external peer review to ensure its quality, in accordance with the procedure of the previous letter. The scientific committees can request this review.
3. the Ministry should consult in his budget the funds necessary to carry out external evaluations referred to in previous issues.
A regulation shall determine the procedure for selection of the external evaluators and accreditation of their experience, expertise and suitability to carry out such work. A public and transparent system of selection of the external evaluators should be seen.
Article 156 B-reports and others collected in accordance with the preceding articles, history must be made available to the general public on a permanent basis in the electronic domain of the Institute website as soon as they are sent to the Secretariat. "."
(123) amending article 162 of the following way: to) added in the third paragraph, following the words "fully exploited", the phrase "recovery and development incipient or with their closed access.", becoming the point apart a comma;
(b) incorporate the following subsection fourth, again, passing the current to be fifth: "Notwithstanding the foregoing, the service only may authorise the use of vessels in fisheries referred to in the preceding paragraph, in which case you must set the area of operation, the mandatory use of automatic positioning in the sea and landing certification as well as a system of control of information of unloading conveyor ship and catches of the or the" ships or fishing which has transported their catch. "."
124) in article 173: 1. Replace, in the first paragraph, the text that goes next to the word "Finance", until its separate dot (.), which is replaced by a colon (:), with the following: "a) fisheries research and aquaculture projects.
(b) programmes of monitoring, control and management of fishing activities.
(c) programmes and projects to promote and develop small-scale fishing.
(d) labor reinsertion program for former workers of the fishing industry who have lost their jobs as a result of the application of this law and not attributable to the worker, and scholarships for the children of former workers during the period that lasts the reintegration and according to the rules established under regulation. Both programs will have a duration of up to three years from the entry into force of this law.
(e) training activities for workers who are employed in the fishing industry as well as for former workers of the fishing industry that they have lost their jobs as a result of this law and not attributable to the worker, to be carried out in compliance with some of the programmes referred to in article 46 of law No. 19.518. For these purposes there will be agreements between the Secretariat and the national service for training and employment, and the latter implement them giving priority to the workers of the aforementioned industrial sector. Also from this fund scholarships will finance for the children of these former employees during the period that lasts the program of training and according to the rules established in the regulations.
(f) programmes of higher level technical studies aimed at workers who are employed in the fishing industry and former fishing industry workers who have lost their jobs as a result of the application of the law and not attributable to the worker, which may not exceed 4 semesters; to carry out technical studies of higher level and scholarships for the children of former workers during the period that lasts the studies program and according to the rules of the regulation.
(g) programmes of social support for former workers of the extractive fishery or processing, that have lost their jobs as a result of the application of this law and causally attributable not to the worker, provided that they have more than 55 years of age and 15 years in the sector, at least, and not any State pension or retirement or sickness beneficiaries to which shall apply to the information that the Ministry of labour and Social Welfare will provided through the services that corresponds. These benefits are not refundable and only handed out on a yearly basis, for a maximum of three years, according to the procedure established the regulations, priority in delivery to those who prove greater social vulnerability. In any case, this benefit may not exceed 40 units of annual promotion for each beneficiary worker.
(h) research projects and habitat restoration for species living aquatic of importance to recreational fishing and programs of promotion, dissemination, administration, monitoring and oversight for this activity.
(i) programmes or projects for the promotion of the consumption of aquatic resources.
j) recovery programs of fisheries for fishers, plant workers and crew members of ships special. "."
2. in the third subparagraph, add, after the word "article" the following phrase, passing the point apart (..) to be a comma (,): "(priorizándo_se los fines contenidos en las letras d) (and e).".
125) repealed article 11 transitional.
(126) in transitional article 12: i) disposed in the subparagraph first sentence: ', not to halt their activities in them for periods equal to or greater than twelve months ".
(ii) Eliminanse second and third subparagraphs.
(iii) disposed of in the fourth paragraph the phrase "Welcome to the exception provided for in former article 11 transitional".