LAW NO. 20,625 DEFINES THE DISCARDING OF HYDROBIOLOGICAL SPECIES AND ESTABLISHES CONTROL MEASURES AND SANCTIONS FOR THOSE WHO INCUR THIS PRACTICE IN FISHING OPERATIONS. The bill originated in a Motion by the Honorable Senators Antonio Horvath Kiss and Baldo Prokurica Prokurica, and former Senator Jose Ruiz De Giorgio. Bill: " Article 1.-Introduces the following amendments to the General Law of Fisheries and Aquaculture, whose consolidated, coordinated and systematized text is contained in the supreme decree No. 430, of the Ministry of Economy, Reconstruction, 1992: 1. Amend Article 2 as follows: (a) Replace the number 14a) by the following: "14a) Discard: it is the action of returning to the sea the captured hydrobiological species." (b) Intercalase, following the number 21), the following number 21a), new: " 21a) incidental fishing: (a) the species consisting of species which are not part of the accompanying fauna and which is constituted by marine reptiles, marine birds and marine mammals. ' (c) Redeploy the number 26a) by the following: " 26a) Scientific observer: natural person designated by the Under-Secretary for Fisheries in charge of the observation and collection of data on board fishing vessels, landing points or in process plants, exclusively for research for the conservation and management of hydrobiological resources. The collection of data in no case shall include the individualization of the ships or the shipowners, which shall be coded for these purposes. In relation to the international fisheries treaties of which Chile is a party, the information of the area regulated by them that corresponds to the high sea will be delivered in accordance with the provisions of the respective international instrument. The destruction, removal or undue disclosure of the data collected by the scientific observer shall constitute a serious infringement of the principle of probity or serious breach of the management agreement, as appropriate. The scientific observer shall not have in any respect the character of inspector, fiscator, minister of faith, certifier or catch verifier, his duties being limited to those expressed in this numeral. " 2. Incorporate, in Title II, the following paragraph 11a, new: " PARAGRAPH 11A OF THE DISCARD OF HYDROBIOLOGICAL SPECIES Article 7a-The Sub-Secretariat shall, by means of a resolution and after prior technical report, approve, for one or more target species and its accompanying fauna, a programme of research aimed at collecting technical background to develop a plan of reduction of the discarding of both the target species and the accompanying fauna and the catch of the catch. This research programme must include at least the quantification of the discarding of both the target species and the accompanying fauna and the catch of the catch, the determination of their causes, the way in which they are carried out and the means by which this information will be kept on record. The programme shall at least consider the biological fishery information collected by the scientific observers designated by the Sub-Secretariat for Fisheries in accordance with Title VIII. The programme shall be for a period of not less than two years and shall include a proposal for measures aimed at reducing the discarding of both the target species and the accompanying fauna and catching catch. Within the maximum period of three years of implementation of the research programme, the Under-Secretary for Fisheries shall draw up a plan to reduce the discarding of both the target species and the accompanying fauna and the catch of incidental fishing, which must contain at least the following elements: (a) the administration and conservation measures and the technological means necessary to reduce the discarding of both the target species and the accompanying fauna and the catch of the fishery; incidental. b) A program for monitoring and monitoring the plan. (c) An assessment of the measures taken to reduce the discarding of both the target species and the accompanying fauna and the catch of incidental fishing. d) A programme of training and dissemination. The reduction plan should consider a code of good practice in fishing operations as a complementary mitigation measure. It may also consider incentives for innovation in fishing systems and gear, which aim to mitigate or decrease the discarding of both the target species and the accompanying fauna and catch catch. The Fisheries Sub-Secretariat shall establish annually, by means of a well-founded resolution, the payroll of the target species and their accompanying fauna which are subject to the research programme referred to in this Article. Article 7 (B)-The discarding of individuals of a target species, whatever their access regime, and their accompanying fauna, shall not be possible unless the following requirements are met: (a) That technical background has been collected sufficient to discard, according to a research program executed in accordance with the provisions of the previous article. (b) the research programme referred to in the preceding point shall be kept in operation. (c) a global annual catch quota has been set for the target species. (d) the discarding has been considered in the process of establishing the annual global catch quota. (e) the target species and its accompanying fauna are subject to the reduction plan referred to in the previous Article. (f) Discarding does not affect the conservation of the target species. The Sub-Secretariat for Fisheries shall establish annually, by means of a reasoned resolution and after technical report, the payroll of the target species and their accompanying fauna which comply with the above requirements. Article 7 (C)-Return to sea of marine mammals, reptiles, penguins and other marine birds shall be compulsory unless they are severely damaged or injured, in which case they shall be retained on board for the purpose of being sent to a centre of rehabilitation of hydrobiological species. The return of specimens of a hydrobiological species shall also be compulsory, in cases where the existing administrative measure so expressly provides for it. The Secretariat shall establish, by means of a resolution and a prior technical report, the payroll of species in the cases provided for in this Article. Article 7d.-Without prejudice to the rules of this paragraph, compliance with the administrative measures established in accordance with the rules in force must be complied with. " 3. Following Article 63a, the following Article 63b, new: " Article 63b.-Industrial or craft fishing shipowners shall, in accordance with the terms laid down in the preceding Articles, inform the species subject to the provisions of paragraph 1a of Title II of this Law. " 4. Following Article 64 D, the following Articles 64 E and 64 F are added: " Article 64 E.-The shipowners of fishing vessels referred to in Article 64 B and craft shipowners in respect of their vessels having a length of length 15 metres or more shall be installed on board and keep in operation, during the entire fishing trip, an image recording device to enable the detection and recording of any discarding action which may occur on board. The National Fisheries Service shall require the delivery of the information recorded from the fishing vessels, in the exercise of its audit function. The installation and maintenance of the recording device shall be the responsibility of the shipowner. Also, the collection and processing of the images may be carried out by the Service directly or by charging it to external entities. In the latter case, they shall also be responsible for the shipowner. This system shall be related to its costs of installation and operation with which the objectives of protection of the respective hydrobiological resources are concerned. The form, requirements and conditions of application of the requirements laid down in this article, as well as the necessary safeguards to prevent the manipulation and interference of the operation of the devices, will be determined in the regulation, It can be distinguished by fishery, type of craft and fishing gear. The Service shall certify, directly or through external entities, compliance with the requirements laid down in the Regulation. The Fisheries Sub-Secretariat may require the information referred to in this Article for the purposes of administration and management of the hydrobiological resources. Article 64 F.-The images recorded by the device referred to in Article 64 E shall be reserved in accordance with Law No 20.285. Their destruction, theft or undue disclosure shall be punishable by the penalties referred to in Articles 242 or 247 of the Criminal Code, as appropriate. The information generated by the image recording device, certified by the National Fisheries Service, shall, where appropriate, be of a public instrument and shall constitute a presumption to prove infringements of the fisheries legislation. The information, in this case, shall not cover the character of the reservation and its advertising shall be subject to the general rules governing the administrative or judicial procedure, as appropriate. " 5. The following Title VIII, new: " TITLE VIII OF THE SCIENTIFIC OBSERVERS Article 103, shall be added after Article 102.-Scientific observers shall have as their sole functions, to collect, register and to account for data and biologic-fishing information on industrial and artisanal fishing operations, landing points or processing of fishery resources. His work will not be of oversight. Scientific observers shall establish knowledge and skills to carry out basic scientific tasks and may be professionals or technicians linked to marine, fisheries or aquaculture sciences, universities and institutes accredited professionals. Article 104.-The regulation shall establish a procedure for the coordination of boarding, which shall provide for a minimum period of 10 days to inform the respective shipowners of the appointment of scientific observers. The maritime authority shall not grant permission to sail to ships or vessels which, having been designated as an observer, are not included in the envelope on board. Shipowners shall ensure that the masters or masters of their craft or craft provide observers with extensive cooperation so that they can carry out the tasks of data collection. For these purposes, an adequate space for the taking of information and the analysis of the samples must be provided as well as a place to process the captured data. Compliance with the cooperation obligation also includes the provision of adequate accommodation, food, communication and personal security facilities to scientific observers. Scientific observers shall have a personal emergency location device which shall operate exclusively in the event of a danger of their physical integrity. The distress call must be answered by the maritime authority, who must contact the captain of the ship or vessel in order to investigate the situation reported and take the necessary measures to protect the integrity of the vessel. scientific observer. Article 105.-The information from the data collected by the scientific observers shall be published in the terms of Law No 20.285. The information collected by the scientific observers in the framework of the research programme, previously coded the names of ships and shipowners, shall be published and may be required by any research institution, academic or Non-governmental organization, for the purpose of its evaluation and proposals to the plan of reduction of incidental fishing and discarding. The information collected by the observers shall be administered by the Secretariat and used exclusively for scientific, conservation and fisheries management purposes. Article 106.-The Secretariat for Fisheries may entrust to one or more institutions the administration of the system of scientific observers. For such purposes, the Secretariat shall enter into an administrative and operational agreement whereby one or more institutions shall be responsible for the administration of the system of scientific observers. The Convention shall be adopted by resolution and shall be concluded with legal persons, public or private, who shall have for social purpose or turn research in the field of the sciences of the sea and have experience in the collection and Data processing and biologic-fishing information on board ships and in plants. The Regulation shall lay down the requirements and obligations to be fulfilled by the system administrator. " 6. Delete, in Article 110 (g), the phrase 'or discarded at sea'. 7. Add, following Article 111, the following Articles 111 A and 111 B, new: " Article 111 A.-The shipowner of the industrial craft or craft craft which he makes discarding which does not correspond to the cases provided for in Paragraph 11a of the Title II of this law, will be sanctioned with a fine of 30 to 300 monthly tax units. In the case of species subject to the maximum level of administration of catch by shipowner, the administrative penalty provided for in Article 12 of Law No 19,713 shall apply. In the case of the preceding paragraph, the captain or master of the industrial fishing vessel in which the infringement was committed shall be personally punished with a fine of 30 to 300 monthly tax units, and the master of the craft vessel, with fine of 3 to 30 monthly tax units. Article 111 B.-The owner of an industrial fishing vessel or craft vessel of a length of 15 metres or more which has operated without the operation of the imaging device, or has handled or interfered with it, will be fined 20 to 300 monthly tax units. The master or master of the ship in which the offence referred to in the preceding paragraph has been committed shall be personally liable with a fine of 3 to 30 monthly tax units. " 8. Add, in Article 113, the following fourth and fifth indents: " The omission of the supply or incomplete delivery of the information referred to in Article 63b shall be sanctioned with a fine of 3 to 30 monthly tax units. If the information provided pursuant to Article 63b is false, the penalty shall be fine from 50 to 300 monthly tax units. " 9. Following Article 113 A, the following Article 113 B, new: " Article 113 B.-During the development of the research programme referred to in Article 7 A shall not apply to all vessels participating in the research programme, investigation, the discarding penalties provided for in this law and in law No. 19,713. " 10. Following Article 121a, the following Article 121b, new: " Article 121 b.-It shall be punishable by a fine of 3 to 300 monthly tax units which would impede the exercise of the functions of the scientific observer to on board the ships or in the processing plants. The same penalties shall be imposed on the fishing vessel owners and the managers or managers of the processing plants for the failure to comply with any of the obligations set out in the preceding Articles or in the respective regulations. ' Article 2.-Enter the following amendments to Law No 19.713: 1) Replace the second paragraph of Article 12 by the following: " For these purposes, the action of returning to the sea the hydrobiological species shall be understood as discarding (2) Replaces No 1. of Article 20, by the following: " 1. The following number (14) is inserted in Article 2 (14) below: "14a) Descarte: it is the action of returning the captured hydrobiological species to the sea." Transitional Article.-Within the maximum period of eighteen months from the date of publication of this law, a research programme shall be carried out in accordance with the provisions of Article 7a of the General Law on Fisheries and Aquaculture. Within two years from the date of publication of this law, the regulation referred to in Article 64 (1) of the General Law on Fisheries and Aquaculture shall be issued, which shall consider the results of the research programme referred to in this Article. Article 7 A of that normative text. The obligations laid down in Articles 64 E and 64 F of the General Law on Fisheries and Aquaculture, which become Articles 64 I and 64 J, shall be enforceable for the shipowners of craft craft of a length of 15 metres or more, in the 3 years since the publication in the Official Journal of the Regulation governing such activity. As long as the regulation referred to in the previous paragraph is not given, the obligations laid down in Articles 64 I and 64 J of the General Law on Fisheries and Aquaculture and the application of the penalties laid down in the Article shall be suspended. 111 B of the said legal body. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, September 24, 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Pablo Longueira Montes, Minister of Economy, Development and Tourism.-Andres Allamand Zavala, Minister of National Defense. What is transcribed for your knowledge.-Salutes intently to Ud., Pablo Galilee Carrillo, Assistant Secretary of Fisheries.