Modifies The Law-General Of Fisheries And Aquaculture In Terms Of The Concept Of Embarcacia Craft N And Its Clasificacia N By Length, In Replacement Of The N In The Artisanal Fishing Registry Inscripcia And The Requirements To Enroll In The Same Register

Original Language Title: MODIFICA LA LEY GENERAL DE PESCA Y ACUICULTURA EN MATERIA DEL CONCEPTO DE EMBARCACIÓN ARTESANAL Y DE SU CLASIFICACIÓN POR ESLORA, DEL REEMPLAZO DE LA INSCRIPCIÓN EN EL REGISTRO PESQUERO ARTESANAL Y DE LOS REQUISITOS PARA INSCRIBIRSE EN EL MISMO REGISTR

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Intercalanse in the preceding subparagraph of paragraph 14), then the expression "cabins,", the expression "bridge" , ", then the locution"50 cubic meters", the phrases"and a minimum freeboard of 200 mm along all its length, giving guarantees of safety and airworthiness."."
((b) replaced the first paragraph of the letter to) paragraph 28) by the following: "to) craft owner: is the artisanal fisherman, the legal person constituted under the terms established in the second paragraph of this paragraph or the community in terms that establishes the Civil Code, owners of up to two artisanal vessels.".
((c) in the number 39, introducense the following modifications: i) Insert, after the word "fisheries", the expression "with their respective arts and fishing gear".

(ii) incorporate the following sentence, then of the final dot (.), which happens to be followed dot (.): 'registry will be public and will be available in the electronic domain of service page, updated for the month of June of each year.'.

2 Add in the letter to) in article 3 the following final paragraph: "without prejudice to the foregoing, the decree establishing the veda may bring a reference period with regard to its duration, and conditioned their home and term to the verification of certain biological indicators. Verification of indicators must be notified by the electronic domain of the Undersecretary page. "."

3. replace the third subparagraph of article 50, by the following: "in the case that temporarily suspended registration artisan registration for highly migratory species or demersal in great depth, it should extend, at the same time, to all regions of the country.
In cases in which temporarily suspended registration artisan registration, as stated in the preceding subparagraphs, will seize up, also, duration of such measure, the reception of applications and the granting of industrial approvals. Industrial ships authorized to operate in these fisheries will be affected to the regime of fisheries declared in a State of full exploitation. "."

4 Agreganse in article 50 the following final clauses: "amendments to the artisanal vessels registered in fisheries access closed or suspended, in accordance with articles 33 and 50, which imported an increase in its main features, shall be subject to the procedure of replacement of this law. Where before such changes correspond to vessels registered only in open-access fisheries, those such as modification of the registration shall be in the craft register, in accordance with the corresponding regulation.
However, no modification or replacement of a crafted in a fishery with closed or suspended access can import an increase in fishing effort, either by the characteristics of the vessel or the modification or addition of new crafts, fishing gear or fishing implements, as determined by the regulations. "."

5 in its article 50 A: to) replace, in the eighth paragraph, the expression ", in the last three years." by ", at least two years, consecutive or not, in the past four years.".
(b) incorporate, in the eleventh paragraph, then of the separate point, what to eat, the following sentence: "or the ancestors of the replaced, nor to the side up to the third degree of consanguinity or affinity, inclusive.".

(c) Insert the following twelfth paragraph, becoming the current final paragraph: "However, for the purposes of the provisions of the seventh paragraph of this article, shall be deemed credited the habitually during the period in which the woman is pregnant, as well as those that are enjoying the break from maternity leave referred to in article 195 , first paragraph, of the code of labour. "."

6 Add in article 51 the following final paragraph: "(Las notificaciones de todas las actuaciones que digan relación con la inscripción podrán ser practicadas en el domicilio acreditado de conformidad con la letra c).".

7 in its article 55: to) its heading shall be replaced by the following: ' article 55.-the national fisheries service must, in the month of June of each year, expire the craft registration in the following cases: ".

((b) replace the letter to) of the first subparagraph by the following: 'a) if the artisanal fisherman or your boat do not perform extractive fishing activities for three successive years, unless unforeseen circumstances or you force majeure duly accredited.

In the event that a causal setting of unforeseeable circumstances or force majeure, this must be invoked before the service before the expiration of the period specified in the foregoing paragraph, in which case the service may authorize the extension of the period in up to one year, counted from the expiry of the above period of three years.
Reported mean catch in the form of landing, duly received by the service, in accordance with article 63 of this law. "."

((c) replace the letter d) with the following: "d) if the artisanal fisherman is convicted of any of the offences that sanction articles 135 or 136, or does not maintain the registration requirements set out in articles 51 or 52.".

((d) add the following letter e) in its first paragraph: "e) not having the certificate of airworthiness awarded by the existing maritime authority for two years in a row.".

(e) replacements for the following third and fourth subparagraphs: "registration void death of Fishworkers. However, his succession, through common representative, shall have the right to submit to the service, within two years of the death of the deceased, copy approved resolution that gives the actual possession, so that authority appropriate to assign the registration to the person designated by succession and which complies with the requirements laid down in articles 51 and 52 of this law. However, the succession may elect, within the same period as designated above, to keep the registration on behalf of the hereditary community. Within the same period, the succession can replace the registration in accordance with the rules of article 50 A.
In the event that the deceased had the category of craft owner, and during the time between the death and the period specified in the foregoing paragraph, succession can provisionally assign the registration the same hereditary community or to a person who satisfies the requirements set out in article 51 of this law who will continue to develop activities with the boats for the registration of the deceased. The expired designated above, unless there has been definite assignment, shall be without effect the registration.
However, if an artisanal fisherman disappears as a result of an accident which occurred during fishing operations and is not possible to locate his body, after ten days of their official search, succession through common representative may, prior accreditation of that fact, request to grant the right to book the vacancy in provisional form, up to a period of five years or until you enroll the resolution which granted effective possession of their property. During the same periods, the succession may exercise the right referred to in the preceding subparagraphs. "."

8 in article 63: to) replaced first paragraph with the following: "article 63.-shipowners fishing, industrial or artisanal, at the time of the landing, in Chile or abroad, must inform the service their catches by species and fishing areas."
With the same obligation imposed in the preceding paragraph shall be subject to collectors from shore, divers, apnea divers and fishermen handlers of management organizations.
The regulations shall determine the form and conditions to which the fulfilment of the obligations shall be adjusted referred to in the preceding subparagraphs and the opportunity that will have to comply with the obligation to inform the persons referred to in the second subparagraph. "."
(b) Insert the following third sub-paragraph, becoming the current third and fourth, fourth and fifth, respectively: "formerly designated information must be turned to officials of the service or who designated.".

(c) Agreganse the following final clauses: "of landing or supply information object hydrobiological resources, referred to in the preceding subparagraphs must be legal, understanding as such, those captured or acquired origin complying with domestic fishing regulations and international treaties in force in Chile."

The information that is delivered in accordance with this article, must be complete, accurate and timely. "."

9. merge the following article 63 bis: "article 63 bis.-artisanal and industrial fishing shipowners must inform landfall of the ship, before their arrival to port, in cases, form and conditions established through resolution service.".

10. in article 66:
((a) delete the following sentence: ", in relation to the individualization of the agents who participate in the activities of fisheries and aquaculture and of authorised vessels", and b) add the following second paragraph: "Shall be the ownership of a fishing authorisation with the artisan registration.".

11. in its article 113, replaced in your paragraph first the figure "30" with "3".

12 insert the following article 113 A: "article 113 A.-shall be punished by fine of 3 to 300 monthly tax units owner industrial or artisanal fisheries that do not report the call according to the procedure laid down in article 63 bis.".

13. in the first paragraph of your article 119, insert, after the word "medicine", the following phrase, preceded a comma: "(extraídos con violación ael artículo 3º, letra c), or to the fee established under the traditional extraction system".

14. merge the following article 121 bis: "article 121 bis.-shall be punished by a fine of 10 to 100 monthly tax units any natural or legal person who, subject to control, in any way obstructs, hinders, prevents or attempt to obstruct the work of the officials of the national fisheries service.".

15. Add the following article 174, new: "article 174-publication in the official journal of the resolutions and decrees in the framework of this law, with the exception of the regulations, shall be made in summary, and must also publish entirely on the electronic domain of the Secretariat and the service website."
For all legal purposes the administrative act concerned shall enter into force on the date of the last publication of the full text in the electronic domain of the Undersecretary or the service website. "."