LAW NO. 20,597 AMENDS THE GENERAL LAW ON FISHERIES AND AQUACULTURE IN THE FIELD OF PROMOTION FOR ARTISANAL FISHING, CREATES THE NATIONAL AQUACULTURE COMMISSION AND THE ZONAL FISHING COUNCILS THAT INDICATES, AND OTHER MATTERS, AND MODIFIES OTHER LEGAL BODIES RELATED: Having submitted that the National Congress has given its approval to the following bill: " Article 1.-Modify the General Law of Fisheries and Aquaculture, whose consolidated, coordinated and systematized text was established by the decree. No. 430, of the Ministry of Economy, Development and Reconstruction, of 1992, as follows: 1. replace point (e) of the second indent of Article 59, by the following: " (e) Three representatives of the artisanal fishermen, representing the artisanal fishermen themselves, the marshlands and the growers and the growers. These representatives will have to come from the following macrozones of the country: from I to the IV Region; from the V to the IX Region and the Ocean Islands, and from the XIV, the X, the XI and the XII Region. They shall last for two years, shall not be newly appointed and those who replace them shall come from a different region within the respective macro-zone. "2) Redeploy, in Article 60, the references to" The Service "and" the Service ", by others to" The Undersecretary "and" the Undersecretary ", respectively. 3) Amend Article 61 as follows: (a) Add the following final sentence to the first indent: " The mechanism for allocating the projects shall also, in the case of projects competing in the same category, consider a greater weighting for those who consider co-financing by artisanal fishermen or the organization of artisanal fishermen who present them. "(b) Replace the phrase" the Service "in the second indent, by the phrase" to the Sub-secretariat '. 4. In Article 62, the words "of the Service" shall be replaced by the words "of the Subsecretariat". 5) Substitute, in the first paragraph of Article 86, the phrase " previous sound technical reports from the Secretariat, and from the National Council of Fisheries ", for the following:" prior informed technical report of the Secretariat, and after consultation with the National Aquaculture Commission ". 6. in Article 87 (1), replace the phrase "previous duly substantiated technical reports from the Deputy Secretariat, the National Fisheries Council and the Zonal Fisheries Council of the relevant Member States", as follows: " The technical assistance provided by the Secretariat shall be based on the following information: 7. In Title VI, the following paragraph is added to Article 90c, the following paragraph 3 and Articles 90 A to 90 H which make up the following: " Paragraph 3 OF THE NATIONAL AQUACULTURE COMMISSION Article 90 A.-Create the National Aquaculture Commission, in "the Commission", whose role will be to advise the President of the Republic, through the Ministry of Economy, Development and Tourism, in the formulation and evaluation of the actions, measures and programs required to implement the policy National of Aquaculture. Article 90 B.-The Commission shall be chaired by the Under-Secretary for Fisheries and Aquaculture, and shall also be composed of the following members: (a) A representative of the Secretariat for the Armed Forces. (b) a representative of the National Fisheries and Aquaculture Service. c) A representative of the Ministry of Economy, Development and Tourism. d) A representative of the Ministry of the Environment. e) A representative of the General Directorate of the Maritime and Merchant Marine Territory. (f) A representative of the Institute for Fisheries Development. (g) Seven members from the legally constituted associations of fish farmers, appointed by the President of the Republic, on a proposal from the Assistant Secretary for Fisheries and Aquaculture. (h) Three members from an association of legally constituted aquaculture service providers, appointed by the President of the Republic, on a proposal from the Assistant Secretary for Fisheries and Aquaculture. (i) Two representatives of the workers of cultivation centres designated by the President of the Republic, on a proposal from the Assistant Secretary for Fisheries and Aquaculture. Article 90 C.-Corresponding to the Commission, in particular the following tasks: (a) To give its opinion on the regulations referred to in Articles 86 and 87 of this Law. b) Develop and propose measures, plans and programs aimed at the implementation and implementation of the National Aquaculture Policy. c) Give its opinion on the zoning of the coastal border in relation to aquaculture activities. d) Give your opinion on international issues with relevance to the sector. e) Give your opinion on the amendments to the General Law on Fisheries and Aquaculture in the field of aquaculture, proposed by the President of the Republic, before they are submitted to the National Congress. The Commission may refer to other matters which it considers relevant and which have an impact on the activity of aquaculture, with the power to request the necessary antecedents of the public or private bodies in the sector through its President. Article 90 D.-The Commission shall have an Executive Secretariat, which shall be located in the Secretariat. It shall be for the Executive Secretariat to coordinate the meetings of the Commission, to draw up the minutes of the agreements adopted, to draw up an annual report summarising the activities carried out by the Commission during the previous calendar year and, in general, carry out all those tasks which are necessary for the fulfilment of the purposes of the Commission laid down in this Law. Article 90 E.-The Commission may invite representatives of other Ministries and Services related to the matters to be dealt with, as well as representatives of the private sector and of the workers ' organisations in the sector, to its meetings. request. Article 90 F.-The authorities and directors of the organs of the State Administration shall, within the scope of their respective powers, provide the Commission with all the cooperation requested. Article 90 G.-The Secretariat shall provide the technical and administrative support to the Secretariat for the operation of the Commission and its Executive Secretariat. Article 90 H.-The Commission shall agree to the other rules for its internal operation, which shall consider at least three ordinary annual meetings. "8." by means of the first subparagraph of Article 96 (2), the sentence " public tender in accordance with the rules laid down in the regulation ", by the expression" in accordance with the rules laid down in law No 19,886 ". (9) The second subparagraph of Article 125 (12) shall apply. (10) Remove the second subparagraph of the second subparagraph of Article 146 (2). 11) Replace the first paragraph of Article 150 by the following: " Article 150.-Create eight zonal organisms, called Zonal Fisheries Councils: (a) One in the area corresponding to the Regions XV of Arica and Parinacota, I of Tarapaca and II of Antofagasta, based in the commune of Iquique. (b) One in the area corresponding to the Regions III of Atacama and IV of Coquimbo, based in the commune of Coquimbo. c) One in the area corresponding to the Regions V of Valparaiso, VI of the Liberator Bernardo O ' Higgins and VII of the Maule and Ocean Islands, based on the Constitution. (d) One in the area corresponding to Region VIII of the Biobio, based in the commune of Talcahuano. (e) One in the area corresponding to Regions IX of La Araucania and XIV of Los Ríos, based in the commune of Valdivia. f) One in the area corresponding to the Region X of Los Lagos, based in the commune of Puerto Montt. g) One in the area corresponding to the Region XI of Aysen of General Carlos Ibanez del Campo, based in the commune of Aysen. (h) One in the area corresponding to the Region XII of Magellan and of the Chilean Antarctic, based in the commune of Punta Arenas. " 12) Amend the first paragraph of Article 152 as follows: (a) Substitute, in point (a), the expression 'of the Service', the first time it appears, by the words 'of Fisheries'. (b) It shall be as follows: (i) To replace the first paragraph with the following: " The number of members of the trade union organisations legally constituted by shipowners; small shipowners; the number of members of the business process; (ii) Substitute, in the fourth subparagraph, the phrase "V, VI, VII, VIII and IX Regions and Ocean Islands", by "V, VI and VII Regions and Ocean Islands". (iii) Add the following fifth and sixth, new paragraphs, changing the other parts of their order: " In the Zonal Council of the VIII Region, one will represent the industrial shipowners of the pelagic fishing; another one to the industrial shipowners of the demersal fishing; another to small industrial shipowners and, a quarter to industrial plant processing plants for fishery products. In the Zonal Council of the IX and XIV Regions, one will represent the industrial shipowners of the pelagic fishing; another one to the industrial shipowners of the demersal fishing; another to the small industrial shipowners; another to the industrial ones of plants (iv) Substitute, in the fifth paragraph, which becomes seventh, the phrase "XIV, X and XI Regions", by "X Region". (v) Add, following the sixth paragraph, which becomes eighth, the following ninth paragraph: " In the Zonal Council of the XI Region, one shall represent the industrial shipowners, the other the small shipowners, the other the industrial processors of (13) Attaché, in the case of fish products, and other fish products. Article 173 (4), fourth indent of Article 173, following the word 'necessary', the following final expression ', and shall appoint an Executive Director'. Article 2.-Believe in the plant of directors of the Sub-Secretariat of Fisheries, fixed by the decree with force of law No. 5, of the Ministry of Economy, Development and Reconstruction, of 1983, and its adjustments and subsequent modifications, two counts of Director Zonal de Pesca, one of which will exercise its powers in the Regions V of Valparaiso, VI of the Libertador Bernardo O ' Higgins and VII del Maule and the other will exercise its powers in Regions IX of La Araucania and XIV of Los Rios, both Grade 5 ° of the Single Pay Scale, which shall be considered equivalent to Division Chiefs for the single effect Article 7 of Law No. 18,834 on Administrative Statute, whose consolidated, coordinated and systematized text was established by the decree with force of law Nº29, of the Ministry of Finance, of 2005. Article 3.-Amend the decree with force of law No. 2, of the Ministry of Economy, Development and Tourism, of 2011, which modified the organic structure of the National Fisheries Service, in the following terms: 1) In his first article, remove the sentence "from a Deputy Director", and incorporate the following final sentence: " The Subdirector shall be in charge of a National Sub-Director of Aquaculture, grade 4 of the Single-Level of the Single-Level of Salaries, (2) Intercalase, following the first article, the following first article bis: " Article 1 bis.-Corresponding, in particular, to the National Sub-Director of Aquaculture, the following functions: (a) Subrogate the National Director. (b) Advise the Director and other bodies of the Service in the field of aquaculture. (c) Plan actions for the monitoring of compliance with environmental, animal health and other regulations applicable to aquaculture. (d) Monitor and evaluate the implementation of the actions referred to in the preceding literal. (e) Coordinate the Regional Directorates, Departments and other units of the Service which carry out functions in the field of aquaculture. (f) Propose to the National Director the health programmes and other standards which, in accordance with the legislation applicable to aquaculture, correspond to the Service. (g) Manage the registration of accredited persons to develop the environmental and health assessment instruments and other instruments required. (h) To control the persons referred to in the previous literal and to propose to the National Director the penalties applicable to them in the cases provided for in the legislation. (i) to submit to the National Director, in order for the Director to exercise the power referred to in Article 28 (a) of the decree with force of law No 5, of the Ministry of Economy, Development and Reconstruction, of 1983, proposed rules for the application and audit of the laws and regulations on aquaculture. '; Article 4.-Amend the decree with force of law No. 5, of the Ministry of Economy, Development and Reconstruction, of 1983, which fixes the recast, coordinated and systematized text of the decree with force of Law No. 34, of 1931, which legislates on the fishing industry and its derivatives as follows: (1) In Article 16: (a) Eliminate, in point (c), the literal (ii). (b) In point (d), the following literal (iii): "(iii) Department of Artisanal Fishing." (c) Intercalase the following point (e), new, passing the current (e) and (f) to (f) and (g), respectively: "e) Division of Aquaculture." 2) Article 18: (a) Eliminate, in point (a) of numeral 1, the phrase "and of aquaculture activities". (b) Assume, in point (d) of numeral 1, the words "and of aquaculture". (c) Eliminate the phrase "and aquaculture" in point (f) of numeral 1. (d) Add, in the heading of numeral 2, following the word "Pesquero", the phrase "and of Aquaculture". (e) Eliminate, in point (f) of numeral 2, the phrase "and of aquaculture". f) Add the following numeral 4: " 4. It shall be for the Aquaculture Division: (a) to coordinate its management with the other organic units for the formulation and implementation of common actions in sectoral aspects of the administration of aquaculture activity. (b) Propose plans, programmes and research studies in aquaculture. (c) Keep up-to-date information on aquaculture activities at national level and the registry of decisions on concessions and authorisations for aquaculture. (d) to study and propose appropriate areas for the exercise of aquaculture. (e) To report technically the proposals for territorial planning affecting the sector. (f) Evaluate and propose special measures for the health and protection of hydrobiological species and the environment in relation to aquaculture, propagation or repopulation activities. g) Identify the knowledge needs to optimize the management of national aquaculture. (h) Develop the technical reports for the granting of aquaculture concessions and other related to the cultivation enterprises and those that are necessary to establish the proposed sectoral legislation to be dictated. i) To advise the Assistant Secretary on the policy and strategies of the aquaculture activity. (j) to evaluate and report technically the applications of internation of hydrobiological species for aquaculture, ornamental, research and recreation, among others. k) Evaluate the performance of the national aquaculture activity. (l) Evaluate environmental and impact projects in this activity. (m) Coordinate the operation and operation of the concession pools. (n) Maintain permanent relations with instances of sectoral participation at national and international level. "3) Replace Article 19 (3), as follows:" 3. It will be the responsibility of the Department of Craft Fisheries: (a) Propose to the Undersecretary the policies aimed at developing and promoting the artisanal fishing activity. b) Coordinate with the other Divisions and Departments of this Subsecretariat the requests and requests made by the artisanal fishermen and their legally constituted organizations. c) Coordinate institutional relations with artisanal fishermen and their organizations. " Article 5.-Replace the name given by article 1 of Decree Law No. 1,626 of 1976 to the "Under-Secretary of Fisheries", by "Under-Secretary for Fisheries and Aquaculture". All the information provided by the legal system to the Deputy Secretary for Fisheries shall be read in the following manner to the Under-Secretary for Fisheries and Aquaculture. Article 6.-Substitute the name given by Article 12 of Decree Law No 2,442, 1978, to the "National Fisheries Service", by "National Fisheries and Aquaculture Service". All the particulars which the legal order makes to the National Fisheries Service shall be understood as hereinafter referred to as the National Fisheries and Aquaculture Service. Article 1.-The persons who at the date of publication of this law integrate the Zonal Councils of Fishing of Regions V to IX and Ocean Islands, and those of Regions XIV to XI, will continue to integrate, respectively, the Zonal Fisheries Councils of Regions VIII to IX and those of Regions XIV and X. Article 2.-The Zonal Councils of Fishing of Regions V of Valparaiso, VI of the Liberator Bernardo O ' Higgins and VII del Maule, of Regions IX of La Araucania and XIV of Los Ríos, and that of the XI Region of Aysen of General Carlos Ibanez del Campo must be constituted within of a maximum period of six months from the date of publication of this law. As long as these Zonal Councils are not established with the minimum number of members required to meet in accordance with the provisions of Articles 150 et seq. of the General Law on Fisheries and Aquaculture, they shall have jurisdiction in the Regions V of Valparaiso, VI of the Liberator Bernardo O ' Higgins and VII of the Maule, the Zonal Council of Fishing of the VIII Region of the Biobio; and in the XI Region of Aysen of the General Carlos Ibanez del Campo will have competence the Zonal Council of the X Region The Lakes. Likewise, until the Zonal Council of Fisheries of Regions IX of La Araucania and XIV of Los Ríos is constituted, with the minimum number of members necessary to meet in accordance with the provisions of Articles 150 and General Law of Fishing and Aquaculture, will have competence in the IX Region of La Araucania and in the XIV Region of Los Ríos, the Zonal Council of Fisheries of the VIII Region of the Biobio and the X Region of the Lakes, respectively. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had the right to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, July 20, 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Pablo Longueira Montes, Minister of Economy, Development and Tourism.-Felipe Larraín Bascunan, Minister of Finance. What I transcribe for your knowledge.-Atently, Pablo Galilee Carrillo, Assistant Secretary of Fisheries. Constitutional Court Draft law on the promotion of artisanal fishing, the National Aquaculture Commission and Zonal Fisheries Councils. (Bulletin No. 7947-03). The Secretariat of the Constitutional Court, who subscribes, certifies that the Senate of the Republic sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality with respect to of the rules governing matters of the constitutional organic law that the one contains, and that by judgment of July 3, 2012, in the cars role No. 2.245-12. It is resolved: 1. That this Constitutional Court does not (i) the declaration of the right of establishment, in preventive examination of constitutionality, in respect of the provisions of Article 1 (1), (2), (3), (4), (5), (6), (7), (8) and (9); and in Articles 2 and 3; 4 °; 5 ° and 6 ° of the draft law referred to; These precepts are not their own constitutional organic law. 2. That the provisions contained in Article 1 (1), (10), (11), (12) and (13); and in the first and second transitional articles of the draft law are constitutional. 3. That the provision contained in Article 1 (1) of the draft law referred to is constitutional, in the understanding that the replacement of point (e) of the second indent of Article 59 of the General Law on Fisheries and Aquaculture, in the that according to the text of the project has " ... These representatives will have to come from the following macrozones of the country: from I to the IV Region; ... ", it also includes the representatives that will have to come from the XV Region. Santiago, July 3, 2012.-Marta de la Fuente Olguin, Secretaría.