Defines The Species Hidrobiola Strategic Disposal And Establishes Control Measures And Sanctions For Those Who Engage In This Practice Pra In Fishing Operations

Original Language Title: DEFINE EL DESCARTE DE ESPECIES HIDROBIOLÓGICAS Y ESTABLECE MEDIDAS DE CONTROL Y SANCIONES PARA QUIENES INCURRAN EN ESTA PRÁCTICA EN LAS FAENAS DE PESCA

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"Article 1.-Introducense the following modifications to the General Law of fisheries and aquaculture, the revised, coordinated and streamlined text is contained in Supreme Decree No. 430, of the Ministry of economy, building and rebuilding, 1992: 1." Amending article 2, in the following way: to) replaced the number 14 bis) with the following: "(14 bis) disposal: is the Act of returning to sea captured living aquatic species.".
((b) interlayer, then number 21), next number 21 bis), new: "(21 bis) catch: that composed of species that are not part of the bycatch and consisting of marine reptiles, sea birds and marine mammals.".
((c) replaced the number 26 bis) with the following: "(26 bis) scientific observer: natural person designated by the under-Ministry of fishing, observation and data collection on board fishing ships, points of landing or processing plants, only for the research purposes of conservation and resource management hydrobiological."
The collection of data in any case will include individualization ships and shipowners, which must be encoded for these effects. In relation to the international fishing treaties of which Chile is a party, the information in the area regulated by them which correspond to high seas will be delivered in accordance with the provisions of the international instrument.
The destruction, theft or improper disclosure of data collected by the scientific observer shall constitute serious infringement to the principle of probity or gross breach of the agreement of management, as appropriate.
The scientific observer will not be under no respect the character of inspector, Inspector, Minister of faith, certifier, or verifier of catches, leaving limited their functions to those expressed in this section. "."

2. merge, in title II, the following paragraph 1 bis, new: "paragraph 1 BIS of living aquatic species discarded article 7 a.-the Secretary, through resolution and technical report, approve, for one or more species target and their bycatch, a research programme to gather technical backgrounds allowing you to develop a plan for reduction of discard both species target as the bycatch and bycatch capture." The research programme shall entail at least quantification of culling both species target as the bycatch and bycatch capture, determining their causes, the form in which it is performed and the means through which shall be recorded in this information. The program should be considered, at the very least, Fisheries biological information collected by scientific observers designated by the under-Ministry of fishing in accordance with title VIII.
The programme will have a duration of not less than two years and shall include a proposal for measures aimed at the reduction of discard both species target as the bycatch and bycatch capture.
Within a maximum period of three years of implementation of the programme of research, the Sub-Secretary of fishing will establish a discard reduction plan both species target as the bycatch and the capture of the bycatch, which must contain, at least, the following elements: to) conservation and management measures and the technological means to reduce both the species discarded target as the bycatch and the capture of the bycatch.
(b) a programme of monitoring and follow-up of the plan.
(c) an evaluation of the measures taken to reduce both the species discarded target as the bycatch and bycatch capture.
(d) a programme of training and dissemination.
The reduction plan should be considered a code of good practice in the operations of fishing, as additional mitigation measure. You may also consider incentives for innovation in systems and gear, having as objective the alleviation or reduction of discard both species target as the bycatch and bycatch capture.
The Sub-Secretary of fishing set annually, founded resolution, the list of target species and the bycatch which are subjected to the research program referred to in this article.

Article 7 B.-do not target individuals of a species discarded may be carried out, regardless of its access regime, and its accompanying wildlife, unless the following requirements are met: to) that have compiled technical backgrounds sufficient discard, according to a research program executed in accordance with the provisions of the preceding article.
(b) keep running research program said in the letter.
(c) that it has set an annual global quota of capture for the target species.
(d) that in the process of establishment of the global annual catch quota has been considered discarding.
(e) that the target species and the bycatch are subject to the reduction plan referred to in the preceding article.
(f) that the discard does not affect the conservation of the target species.
The Sub-Secretary of fishing set annually, founded resolution and technical report, the payroll of target species and the bycatch that meet the aforementioned requirements.

Article 7-C-will be required to return to the sea of marine mammals, reptiles, penguins and other marine birds, except that they are severely damaged or injured, in which case will be retained on board for the purpose of being sent to a rehabilitation centre for living aquatic species. The return of specimens of a species hydrobiological, in cases in which this measurement of current administration provided it expressly is also mandatory.
The Secretariat establish, through resolution and technical report, the list of species that are in the cases provided for in this article.

Article 7º d.-without prejudice to the rules of this paragraph, should be compliance with management measures established in accordance with the regulations in force. "."

3 Insert, then of article 63 bis, the following article 63 ter, new: "article 63 ter-industrial or artisanal fishery shipowners shall inform, in the terms established in the preceding articles, discarding species subject to the provisions of paragraph 1 bis of title II of this Act.".

4 Agreganse, continuation of article 64 D, following 64 E and 64 F, new articles: "article 64 e. -owners of fishing vessels referred to in article 64 B and shipowners craft on their boats having a length equal to or greater than 15 metres should be installed on board and keep running, throughout the fishing trip" , a device for registration of images that allows to detect and record all action discard that may occur on board.
The national fisheries service shall require the delivery of information recorded from fishing ships, in the exercise of its supervisory function.
The installation and maintenance of the device for registration of images will be in charge of the shipowner. Also, the collection and processing of the images may be made by service directly or entrusting it to external entities. In the latter case, they will also be in charge of the shipowner.
This system must keep a relationship in its costs of installation and operation with which mean the objectives of protection of the respective hydrobiological resources.
Form, requirements and conditions of implementation of the requirements laid down in this article, as well as the necessary safeguards that avoid manipulation and interference of the operation of the devices, will be determined in the regulations, and can distinguish this fishery, ship type and fishing gear. The service credit, directly or through external entities, compliance with the requirements laid down in the regulation.
The Sub-Secretary of fishing may require information about this article for purposes of administration and management of hydro-biological resources.

Article 64 F-images that register the device referred to in item 64 E will have the character of reserved in accordance with the law No. 20.285. Their destruction, theft or improper disclosure will be sanctioned with penalties indicated in articles 242 or 247 of the criminal code, as appropriate.
The information that generates images registration device, certified by the national fisheries service, where appropriate, will have the character of a public instrument and shall constitute a presumption to prove violations of fishing regulations. Information, in this case, will not be reserved character and its advertising shall be subject to the General rules governing the administrative or judicial procedure as appropriate. "."

5. Add, then of article 102, the following title VIII, new: "title VIII of the observers scientific
Article 103-Scientific observers will have unique functions, the collect, record, and to account for the data and information biologico-pesquera of industrial and craft, fishing points for landing or processing of fisheries operations. Your work will not be control.
Scientific observers must prove knowledge and skills to carry out basic scientific tasks and may be professionals or technicians related to fishing, marine sciences or aquaculture, universities and accredited professional institutes.

Article 104-The regulation will establish a procedure of coordination of shipment, which should see a minimum period of 10 days to inform the respective owners of the designation of scientific observers.
The maritime authority does not grant the authorization of sailing ships or vessels which, having them appointed an observer, is not included in the equipment on board.
Shipowners shall ensure that captains or their ships or craft patterns provide observers broad cooperation, so that they can carry out the tasks of data collection. For these purposes must provide it adequate space for information taking and analysis of samples as also a place enabled for processing the data capture.
The fulfilment of the obligation of cooperation includes, in addition, provide the facilities of accommodation, food, communication and personal safety to the scientific observers.
Scientific observers must have a tracking device from personal emergency that will trigger only in case of danger of physical integrity.
The distress call should be answered by the maritime authority, who must contact the captain of the ship or vessel to inquire with respect to the alleged situation and take the necessary steps to safeguard the integrity of the scientific observer.

Article 105.-Information from the data collected by scientific observers shall be public under the terms of law No. 20.285.
The information collected by observers scientists within the framework of the research programme, previously coded names of ships and shipowners, will be public and may require any institution of research, academic or non-governmental, for the purposes of its evaluation and proposed organization plan of reduction of bycatch and discard.
The information collected by observers will be administered by the Secretariat and used exclusively for scientific purposes, for the conservation and fisheries management.

Article 106-The Undersecretary of fisheries may entrust to one or more institutions management of the system of scientific observers.
For these purposes, the secretariat will sign an agreement of management and operation whereby one or more institutions responsible administration of the system of scientific observers.
The Convention will be adopted by resolution and need to subscribe with persons legal, public or private, which should be aimed at social or turn the research in the field of the Sciences of the sea and having experience in the collection and processing of data and information biologico-pesquera on board ships and in plants.
The regulation shall establish the requirements and obligations to be met by the system administrator. "."

(6 delete, in the letter g) article 110, the phrase "or discarded into the sea".

7 Agreganse, continuation of article 111, the following A and B, new 111 111 articles: "article 111-the owner of the warehouse or crafted that does discard that does not correspond to the cases provided for in paragraph 1 bis of title II of this Act, shall be punished with a fine of 30 to 300 monthly tax units. Where in the case of species subject to measurement of maximum capture limit management by owner, shall apply the administrative penalty established in article 12 of law Nº 19.713.
In the case of the preceding paragraph, the captain or pattern of industrial fishing ship in that the offence has been committed shall be subject personally fine of 30 to 300 monthly tax units, and the pattern of the crafted, with a fine of 3 to 30 monthly tax units.

Article 111 B.-the owner of a fishing ship industrial or of a crafted in length equal to or greater than 15 meters that have operated without keep running device registration of images, or has manipulated or interfered with, shall be punished with a fine of 20 to 300 monthly tax units.
Captain or pattern of the ship in which the infringement referred to in the preceding paragraph has been committed shall be personally punished by fine of 3 to 30 monthly tax units. "."

8 Agreganse, in article 113, the following fourth and fifth subparagraphs, new: "the omission of delivery or incomplete delivery of the information referred to in article 63 ter shall be punished with a fine of 3 to 30 monthly tax units.
Where the information given pursuant to article 63 ter is false, the sanction will be fine of 50 to 300 monthly tax units. "."

9 merge, then of article 113 A, following article 113 B, new: "article 113 B.-during the development of the research programme referred to in article 7 º A shall not apply, to all those ships involved research, draw sanctions referred to in this law and in the law No. 19.713.".

10 Add, then article 121 bis, the following article 121 ter, new: "article 121 ter-shall be punished with a fine of 3 to 300 monthly tax units which hinder the exercise of the functions of the scientific observer on board ships or in processing plants."
The same sanctions shall incur fishing shipowners and managers or administrators of the processing plants for the breach of any of the obligations laid down in the preceding articles or in the respective regulations. "."