Marine Implements The Extent Of Oiled N 10-08 (2006), The Down N To The Oiled N Of Living Resources Anta Rticos

Original Language Title: IMPLEMENTA LA MEDIDA DE CONSERVACIÓN 10-08 (2006), DE LA COMISIÓN PARA LA CONSERVACIÓN DE LOS RECURSOS VIVOS MARINOS ANTÁRTICOS

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"Unique article. Introducense the following modifications in the law No. 18.892, General of fisheries and aquaculture, the revised, coordinated and systematized text was fixed by Supreme Decree No. 430, 1992, the Ministry of economy, development and reconstruction: to) merge the following article 66 bis: "article 66 bis." All Chilean, with registration or title registered in Chile and that carry out or engage in fishing activities on the high seas aboard a foreign-flag ship, shall communicate this circumstance to the General Directorate of the maritime territory and merchant marine, in advance of shipment.
By resolution of the Directorate will be established requirements and how to make such communication, which must indicate, at the very least, the information of contact officer or crew member, date and port of embarkation, and the name of the ship and the respective flag. Any change in any of the circumstances which must be informed should communicate, immediately, to the same authority.
Maritime staff that does not comply with that requirement or fails to deliver reliable information not be you recognized the time sailed on Board of the ship, in accordance with the provisions of the Decree Law Nº2.222 of 1978, Navigation Act and respective regulations, without prejudice to any other sanctions provided for in this law.
The General Directorate of the maritime territory and merchant marine shall keep a record of this information. "."

(b) enter the following article 115 bis: "article 115 bis." Banned national Chileans embark, knowingly, in ships of fishing without a nationality, not flying the flag, or those who are included in lists that perform illegal fishing, drawn up by organisations competent and guaranteed by States parties, or treaty, of which Chile is a party, except in cases of force majeure duly substantiated. The violation of this provision shall be punished with a fine of up to 300 UTM for captains and those who play is like fishing, and up to 50 UTM patterns for other officers and crew members, without prejudice to the penalties provided for in paragraph 4, the title IX of this law.
The lists referred to in the previous paragraph will be published on the website of the Secretariat, and will produce its effects within ten days after its publication.
Sanctions will be imposed by the Secretary, after hearing the person concerned and report of the maritime authority. The sanction will be determined founded appreciating the gravity of the conduct, the consequences of the fact and if there is a recurrence of violations.
However, the sanctioning procedure is subject to the provisions of the law Nº19.880, where relevant.
Against any decision handed down during the procedure, the person concerned may deduct the resources referred to in the law of Nº19.880, in the same terms set forth in this legal body. "."

(c) add the following paragraph 4th in its title IX: "paragraph 4 sanctions against nationals who carry out or participate in activities of illegal fishing in Antarctic waters with foreign-flag ships.

Article 134-a. Chilean natural persons who knowingly, carry out or participate in fishing activities on board ships of foreign flag, in contravention of the conservation measures adopted by the Commission for the conservation of the marine living resources Antarctic, which are applicable to Chile and whose failure undermined the objectives of the Convention on the conservation of Antarctic marine living resources promulgated by Supreme Decree No. 662, 1981, of the Ministry of Foreign Affairs, shall be punished in the following way: the captains and patterns of fishing with a fine of between 100 and 900 UTM. In the case of counting them with Chilean registration, they will be, in addition, suspended from their respective title for a period of between three months and three years.
Other officers and crew with reprimand, verbal or written, or by a fine of up to 100 UTM.

Article 134-B.. Natural persons and legal chilenas which are proprietary, possessing, mere holding or carmakers, total or partial, foreign-flag fishing vessels and which, with their knowledge, carry out or participate in the fishing activities referred to in subparagraph first of article 134-A, they shall be punished by a fine of between 100 and 3,000 UTM.

Article 134-C.. Sanctions of this paragraph shall be imposed by the Secretary, after hearing the person concerned and report of the maritime authority. The sanction will be determined founded appreciating the gravity of the conduct, the consequences of the fact, the economic capacity of the offenders and if there is a recurrence of violations. However, the sanctioning procedure is subject to the provisions of law No. 19.880, where relevant.
Against any decision handed down during the procedure, the person concerned may deduct the resources referred to in the aforementioned law, in the same terms set forth therein.

Article 134-D.. The offences referred to in this paragraph will be pursued by the national authorities in subsidiary form and only when the jurisdiction of the flag State not exercised, in connection with the same facts that are the subject of the offence.

Article 134-E. Resolutions that condemn the payment of fines shall be implemented by the Treasury service in accordance with the provisions of title III of the Decree Law Nº1.263, 1975, law organic of the financial Government.
In the case of legal persons, sanctions may be effective, subsidiary form, in any of its attorneys or legal representatives with general powers of administration.

Article 134-F. For purposes of applying the sanctions provided for in this paragraph, the ships which do not carry flag, which does not indicate any names or sailing without nationality, shall be considered as foreign-flag. "."