Modifies The Law-General Of Fisheries And Aquaculture In Terms Of A Management Areas And Artisanal Fishing Log

Original Language Title: MODIFICA LA LEY GENERAL DE PESCA Y ACUICULTURA EN MATERIA DE ÁREAS DE MANEJO Y REGISTRO PESQUERO ARTESANAL

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Insert in article 1 ° between the expressions "ground water", and "inland waters" the expression "Sea Beach",. "

2) amended article 2 in the following way: to) entered, then their number 11, following number 11) bis: "(11 bis) collection of seeds: fixation of larvae of invertebrates and propagules of algae, through the provision of collectors.".

((b) merge, then their number 25), following number 25) bis: "(25 bis) Organization of fishermen: legal person, under the terms established in the second paragraph of number 28, registered in the register of craft, for the purposes set out in this Act.".

((c) replace your number 39) by the following: "39) national fishing craft or artisan registration registration: list of fishermen and artisanal vessels equipped for fishing, that takes the service regions, caletas base, categories and fisheries activities." Also artisanal fishermen's organizations shall be entered in the register. "."

((d) replace your number 41) by the following: "41) restocking: set of actions that are intended to increase or restore the population of a given species hydrobiological, by natural or artificial means within its geographic range.".

(3) replace the second paragraph of article 47, by the following: "In addition, reserved for artisanal fishing exercise of extractive fishing activities in the Sea Beach and the inland of the country.".

((((4) introduced the following amendments to article 48: a) replace, in the first paragraph, the phrase: "In the coastal strip of five nautical miles, referred to in the previous article, as in land and inland waters" by "In the area of reserve for the artisanal fishery indicated in the previous article, as well as terrestrial waters", and b) abrogated its letter d).

(5) be inserted in title IV, then to article 55, the following paragraph 3°, changing the current its correlative: "paragraph 3 ° of the regime of Areas of management and exploitation of benthic resources article 55 a. areas referred to in the first subparagraph of article 48, may be established by Decree of the Ministry, previous technical reports of the Undersecretary and the corresponding Zonal Council" , a regime known as Areas of management and exploitation of benthic resources, to which eligible fishermen organizations registered fishing craft. Once established the area, service must request your destination to the Ministry of national defense, and this found existing, at the date of filing of the request for allocation of the respective area of management, the organisation of fishermen.

Article 55 B.-the management areas will be given by resolution of the service, upon approval by the under-Ministry of fishing, from a project management and exploitation of the area requested, through an agreement of use, whose validity may not exceed the term of the respective destination.

This Convention should incorporate, within its grounds for revocation, established, in this regard, the decree with force of law N ° 340, 1960, the Ministry of national defense, and that regulations which supplement it or replace.

Derived rights of the resolution which empowers the Organization for the use of this management area may not alienate, leased or Constitution, its respect, other rights for the benefit of third parties.

Article 55 C-management and exploitation areas will be subject to the management measures of the hydrobiological resources set forth in paragraph 1 of part II, as well as which points out this paragraph. However, you can exempt the fulfillment of such measures through the Ministry decrees or resolutions of the Undersecretary.

Article 55 D-the regulations shall determine the conditions and details of the technical terms of reference for projects management and exploitation, the institutions that made them and the background to be provided in the application. Such determination shall be made by a decree that will take the signatures of the Ministers of environment and of economy, development and tourism.

Project management and exploitation may include activities of aquaculture and recruitment from seed, provided that they do not affect the natural species of the area and comply with established standards, to the effect, in the respective regulations. In these cases and in the area that is authorized, the destination must include the portion of water for the installation of the structures necessary for the exercise of these activities, provided that they are approved in the project management and exploitation.

Without limiting the foregoing, the total percentage of the management area for these activities, as a whole, may not exceed 40% of the decreed surface.

Article 55 E.-in the event that two or more organizations of artisanal fishermen requested access to the same area of operation, and at least two of them meet the requirements of this Act and the regulations, shall assign jointly, voluntary agreement of these organizations, which must be recorded in writing and duly authorized by a notary public. In case of absence of such an agreement, is preferred to that organization is not holder of a management area.

The area of handling pursuant to the preceding paragraph may not be assigned, is preferred to the Organization to obtain the highest weighted score, according to the following criteria: to) surface by partner, considering all the management areas that possess, in ownership, the respective organization.

(b) proximity to the area of management concerned.

(c) number of members enrolled in the artisanal fishing registry, that have a seniority of at least one year as a member of the organization.

(d) seniority the legally constituted organization of Fishworkers and their registration fishing craft.

The regulations shall determine the weighting and the calculation formula for the score associated with each of the above criteria.

Article 55 F-organizations of fishermen which deliver a management area, pay, every calendar year, a single patent, profit tax, equivalent to 0.18 monthly tax unit per hectare or fraction. However, with respect to that part of the area of managing that aquaculture activities are authorized, shall be paid, annually, two monthly tax units per hectare or fraction.

Artisanal fishermen's organisations are exempted from payment of the patent: to) during the first two years of the entry into force of the Convention for use;

b) respect of the management areas which receive extraction activities during the year preceding calendar, and c) by those management areas affected by a natural disaster, declared by the competent authority. Artisanal fishermen's organizations to which is has given them an area of management and be affected by a natural disaster, may request the competent authority to formulate the Declaration indicated on this letter.

In the event that are authorised in the area of management of aquaculture activities, the patent referred to in the final part of paragraph first governed from the second year, counted from the authorization.

Article 55 g.-the operation of this system shall be established by regulation.

Article 55 H.-in case of resignation or expiry of a management area, on any of the grounds provided for in article 144, the Organization of artisanal fishermen, who was owner of the same, not able to request it again but after three years from the date of notification of the decision which declared the forfeiture, as applicable.

For these purposes, shall be regarded as the same organization that involving more than 20% of fishermen associated with another. Shall be considered as reference, the organization that has the least number of associates. "."

(6) Introducense the following items 120 A and B: 120 "article 120 a. extraction of hydrobiological resources from an area of management and exploitation of benthic resources, both by the assigns of that area and outside it, in transgression to the legislation that governs such fisheries management measure, will be sanctioned with a fine of 30 to 100 monthly tax units. In the event of recidivism, the penalty will be doubled.

Section 120 B-processing, the apozamiento, the processing, transformation and storage of resources indicated in the previous article, as well as products derived therefrom, shall be punished with a fine of 30 to 300 monthly tax units, and, in addition, with the closure of the establishment or premises that has been committed the violation, up to a period of 30 days.

The Manager and the Manager of the industrial establishment shall be punished, personally, with a fine of 15 to 150 monthly tax units.
In case of recidivism in violations of this article, the responsible persons will be penalized with less in their minimum prison penalty and fines will be doubled. "."

(7) in article 125, insert between the numbers 1 and 2, the next number 1 bis: "(1 bis) Notwithstanding stated in the previous number, in the event violations are committed within areas of management, additionally may pay complaint organizations of artisanal fishermen who have resolution and use existing with respect to the assigned area Convention" (, which should be brought before the competent court and contain the following indications: a) the individualization of the accused;

((b) a detailed and comprehensive of the facts, and c relationship) the legal or regulatory provision which deemed violated.

Welcome to processing the complaint, the tribunal will quote to or offenders to inquisitive audience, setting day and time, under penalty of proceeding in their default. "."

((8) Introducense in article 144 the following amendments: to) delete letter c).

((b) add, at the end of his letter d), replacing point apart (..) with a comma (,), the following sentence: "while it has taken, within thirty days following the date that the ruling was final measures to expel from the entity to o offenders.".