Modifies The Law-General Of Fisheries And Aquaculture In The Field Of Aquaculture

Original Language Title: MODIFICA LA LEY GENERAL DE PESCA Y ACUICULTURA EN MATERIA DE ACUICULTURA

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(Amending article 2 °, in the following manner: to) (delete the number 10)(, pasando los numerales 11) 51) to be 10) to 50) " respectively.

((b) replace paragraph 13), which has become 12), the expression "indefinitely" by the phrase "for the term of 25 years, renewable".

((c) replace paragraph 49), happened to be 48), the phrase "Nursery or warehouse" by "Collection Center".

((d) replace in paragraph 50), happened to be 49), the word "killing" by "slaughtering", both times it appears.

((((((((e) Incorporanse the following paragraphs 51), 52), 53), 54), 55), 56) and 57), new: "51) experimental aquaculture: activity of cultivation of hydrobiological resources which aims in scientific research, technological development or teaching." The maintenance of hydrobiological resources for demonstration purposes-public exhibition or recreation is not understood within this activity.

(52) grouping of concessions: set of concessions of aquaculture within an area suitable for the practice of aquaculture in a sector that presents oceanographic, epidemiological, operational and geographic characteristics which justify its health management coordinated by group of living aquatic species, as well stated by the Secretariat. The service will establish periods of coordinated rest and prophylactic measures and therapeutic treatments for centers that cultivate the respective group of species, in accordance with the regulation referred to in article 86. The provision of services to the respective centers of culture, as well as the operation of warehouses of fish, shall be subject to the coordinated measures.

The statement by grouping of concessions will not affect free navigation, the exercise of fishing activities, nor rights emanating from the areas of management and exploitation of benthic resources or maritime concessions or aquaculture, that enable the exercise of activities to those set forth in the preceding paragraph.

Neither the current and free exercise of tourist activities, nor the rights recognized by the law Nº 20.249, which creates the marine coastal space of native peoples will be affected with them.

The regulations shall determine the distance that must be kept between groupings of concessions and between these and the aquaculture concessions.

In the period of two months counted from the date of establishment of a grouping of concessions, service shall adopt by resolution programs containing health conditions to transport shall be submitted and from farms of these groupings. At the same time service, by resolution, establish rest periods by grouping of concessions.

Holders of farms belonging to a grouping of concessions may agree to additional health and environmental conditions to those established pursuant to regulations of this law and which rendered service in the exercise of its powers, which are specific to the respective group of concessions and which do not affect the environment and the development of other activities in the area. The regulation shall establish the materials that come to these measures, the procedure and the approval of the quorum. For the purpose of establishing agreements, each allowance shall be entitled to one vote. These agreements shall be subject to all the limitations provided in this section. All measures taken shall be public and shall inform onsite electronic domain service.

The measures agreed must be reported to the service for approval and subsequent control and its breach shall be punished in accordance with article 118.

(53) fishing grounds: maritime area which is characterized by configuring the habitat of the hydrobiological resources, present a common aggregation thereof and which develops or extractive fishing activity in recurrent way has been developed.

(54) preliminary characterization of site (CPS): report presented by applicants or owners of farms containing environmental, oceanographic and topographic background of the area which intends to develop or modify a project of aquaculture to undergo environmental impact assessment system, whose requirements shall establish the rules according to the Group of species living aquatic and the production system.

(55) aquaculture research center: place and infrastructure where are maintained or cultivated hydrobiological resources permanently in circuit systems semi-closed or controlled, for purposes of research, teaching, experimentation, innovation, diffusion, creation or transfer of technology.

(56) ornamental species: bodies belonging to different taxa hydrobiological, given its particular morphological and physiological characteristics, are intended for recreation or cultural, decorative purposes.

(57) the waterfront zoning: ordering and planning process of the spaces that make up the coastal edge of the coast, which aims to define the territory and establish its multiple uses, expressed in preferred applications, which are not mutually exclusive, except in the cases established use incompatibilities with activities determined in sectors defined in the same zoning and plotted on maps that identify among other aspects, the limits of extension, general zoning and the conditions and restrictions for its administration, in accordance with provisions in the national use of the coastal edge policy established in Supreme Decree (M) No. 475, in 1995, of the Ministry of national defence, or the rules that replace it. "."

((2) amended article 11 in the following way: to) interlayer, paragraph first, then the expression "living aquatic species" the locution ", eggs and gametes".

(b) Insert, in the third paragraph, following the expression "previous section", the phrase "and about adaptability and environmental impact of these".

(3) incorporate, in title II the following paragraph 5, new: "paragraph 5 of article 13 F Animal welfare-aquaculture must contemplate rules that safeguard animal welfare and procedures that avoid the unnecessary suffering.".

4) Agreganse, in the fourth paragraph of point (d)) of article 48, the following sentences: "Likewise, project management and exploitation may include installation of collectors for the uptake of seeds of hydrobiological resources, which must be subjected to the provisions of the regulation. 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. "."

((5) in article 67: to) paragraph first, delete the phrase "and Lakes", and insert, before the expression "by one or more decrees", the phrase "by group or groups of living aquatic species,".

(b) Insert the following new third subsection: "In the appropriate areas for the practice of aquaculture in the rivers referred to in the preceding subparagraphs, only may be granted concessions of aquaculture for field crops in accordance with the regulation referred to in article 87.".

(c) replace the third subparagraph, which happened to be fourth, by the following: "the crops that grow in courses and water bodies that are born, run and die in a same inheritance or on private land, which supply of terrestrial or marine waters in accordance with the relevant regulations, must register on the national register of aquaculture, prior to the start of its activities , and must submit to restrictions on minimum distance established under regulation. "."

(d) replace the fourth subsection, which happened to be fifth, prayer "which constitute national parks, reserves, and national monuments" by "are referred to in the waterfront zoning" and add, then separate point (.) which happens to be followed dot (.) the following sentence: "Also will be excluded for the establishment of areas appropriate for the exercise of the aquaculture fisheries fisheries that are established in the form that defines the rules.".

(e) Incorporanse in the fifth paragraph, which happened to be sixth, following final sentences: "in cases of applications for aquaculture in that it is determined that there is no natural beds of aquatic resources in the requested sector, the secretariat published on their Web site the technical report that thus set it, which will be supplemented by radio message at a station with territorial coverage of the corresponding area. Such publication will be made before requiring the holder of the respective application subject to the evaluation system of environmental impact in accordance with the regulations. In the period of two months counted from the date of publication, any interested party claim the content of the technical report with background founded before the Undersecretary of fisheries, which must resolve the presentation within the period of 10 days. "."
(f) Agreganse after the fifth paragraph, which happened to be sixth, seventh and eighth subparagraphs following, new, passing current subparagraphs sixth, seventh and eighth to be subsections ninth, tenth and eleventh, respectively: "intensive farming or extensive cultivation of exotic living aquatic species will maintain a minimum distance of 1.5 nautical miles of marine parks and marine reserves.

In cases in which terrestrial protected areas border the sea, the waterfront zoning shall establish a strip minimum shelter Navy to exclude the development of intensive or extensive cultures of living aquatic exotic species. "."

(g) replace in sixth paragraph, which happened to be ninth, the figure "30" by "60".

(h) incorporate the following final new subsection: "where a zoning of the coastal whose Supreme Decree of adoption has been published in the official journal is established in the respective region, areas suitable for aquaculture exercise must be modified to compatible with the zoning. From the date of publication of the decree establishing the zoning, may not grant new concessions for aquaculture in the sectors defined use incompatible with such activity. In these cases, the modification of areas suitable for aquaculture exercise not undergo the procedure indicated in this article, and must only be approved by Supreme Decree. "."

(6) Agreganse, following article 67, the following new articles: "article 67 bis.-the grants and aquaculture authorisations do not deliver any domain to its owner over the waters or seabed in the sectors covered by them, and will only allow you to carry out those activities which have been awarded him, harmonious and sustainable with others that are developed in the area included in the respective concession or authorization such as fishing and tourism.

Article 67 ter-persons natural or legal entities requesting performing, on an exclusive basis, experimental aquaculture at national assets for public use and centers of research in aquaculture that is positioned in such sectors shall be subject to the provisions of the concessions of aquaculture or maritime concessions, depending on the type, magnitude and the activities contained in the technical project lead , in accordance with the provisions of the regulation. Areas suitable for aquaculture may include sectors for the granting of concessions for aquaculture whose sole purpose is the realization of experimental aquaculture activities.

It may be experimental aquaculture in concessions whose purpose is not experimentation, when the following conditions are met: a) 10% of the concession area is not intended for experimentation activity more than.

(b) maintain or decrease the intensity of production system authorized cultivation Center.

c) compliance with is given to the environmental and health requirements laid down for the Centre of crop and the grouping of concessions, if any.

(d) unused species living aquatic's first import in accordance with the provisions of article 12.

(e) subject to the system of evaluation of environmental impact, where appropriate.

Experimental activity referred to in the previous paragraph will have a duration which may not be more than five years, renewable only once, on presentation of the results of the activity.

Article 67 c.-establishments intended for the reproduction and maintenance of ornamental species must obtain a concession of aquaculture to develop its activity in national assets for public use. If such establishments, are on private land, must register on the national register of aquaculture, prior accreditation requirements provided for in the regulation. For the purposes of this law, will always be responsible for the compliance with regulations the holder of the corresponding registration.

In any case, the establishments that operate or maintain exotic ornamental species only can develop their business in controlled circuits.

Article 67 d-environmental and health conditions to which must undergo the experimental aquaculture, aquaculture research centres, installation of breeding establishments and maintenance of ornamental species, as well as the accreditation of the origin thereof, the procedure of approval of the technical project and the distance with other centers of culture, shall be established by regulation.

Experimental activity that is carried out on private land and research centres that are positioned in such sectors will require your registration prior to the start of operations in the national register of aquaculture and will be subject to environmental and sanitary conditions that set the rules.

The form and delivery requirements of information of activity of establishments that operate on ornamental species on private land, will be established in the regulation. Will be removed from the register who do not report operations for four consecutive years. "."

((7) Introducense the following amendments in article 69: a) Insert, in the first paragraph, then from the word "object", the word "only".

(b) incorporate the following new second subsection: "aquaculture concessions will have a term of 25 years and be renewed for equal term, unless half of the environmental reports have been negative or verified is grounds for revocation of this Act.".

((8) in article 69 bis: to) added to the end of the second paragraph, after the separate dot (.) which happens to be followed, the following: "In addition, means that there is operation when the Centre must comply with the period of rest or cessation by authority resolution.".

(b) insert in the third paragraph, among the expressions "request' and 'enlargement', the phrase", the Secretary of Navy or fishing,"in your case.

(c) replace the final dot (.) of the third subparagraph by a comma (,) and then add the following sentence: "as also the term that corresponds to a period of rest or cessation by authority resolution.".

(9) Agreganse, then of article 75, the following articles 75 bis and 75 ter: "article 75 bis.-any natural or legal person, nor persons related to it in terms of the eleventh article 81 bis subsection, may apply for concessions of aquaculture that represent more than 20% of the total area concessionary of a region, meaning the appropriate areas for aquaculture granted the surface already granted in concession or destination which has been the subject of an official statement for a purpose other than aquaculture and the distances between farms required by the regulations referred to in articles 86 and 87.

Article 75 ter-the rules shall lay down the procedure and conditions for the installation of collectors of uptake of seeds out of the concessions of aquaculture and the areas of management and exploitation of benthic resources. In addition, to determine the limitations of area which may be established by the applicant in each sector, as you will ensure that a proper use of the available sectors. "."

(10) Introducense the following subparagraphs in article 76: "there would be an appropriate area for the practice of aquaculture as currently not available for new applications or authorization of aquaculture, either completely or by type of activity, in cases in which the Secretariat determined that with the number of concessions or authorizations granted and applications to date in the respective area" There are no spaces available.

The Declaration must be made, prior technical report, by a decision of the Secretariat, which will be published in the official journal and in a regional newspaper, and will affect an area properly bounded as cartography in which is established the respective area appropriate for the exercise of aquaculture.

The Declaration will affect all applications that, to this date, have not been accepted to processing by the national fisheries service, which should not be considered in the technical report for the purposes of the Declaration of non-availability.

The Declaration of not availability will be left without effect in cases where, as a result of the end of processing of requests that determined it, or the expiration of concessions or authorizations granted in the respective area, it is found that there are spaces available to be awarded in concession or authorization of aquaculture. In this event will dictate a resolution that this provided for it, which will be published in the official journal and in a regional newspaper.

Only new applications for aquaculture sector whose non-availability was raised in accordance with stated in the foregoing paragraph, after 10 business days from the date of the last publication will be received. "."

((11) Introducense the following amendments in article 78: to) added, in the first subparagraph, the following final sentence: "Also should be checked if the application complies with the requirements of distance with aquaculture concessions or requests pending regulations.".
(b) Insert, in the second paragraph, after the expression "pending", the phrase "or the request does not meet the requirements of distance with concessions or three previous applications pending in the sector".

(12) insert in article 79 between the word "articles" and the figure "87", the number "86" followed by a comma (,).

(13) add the following final sub-paragraph to article 80: "Within the period of one month, from material delivery, the maritime authority must inform this circumstance to the Undersecretariat for marine, who must sign the concession in the register of aquaculture concessions.".

14) in article 80 bis: to) Eliminanse, in the letter to) of the first subparagraph, the following sentences: "transfer concessions and authorizations will require prior authorization granted by the Secretary of Navy or fishing, as appropriate. To the same procedure shall be subject to the lease concessions. "."

(b) replace the second paragraph by the following: "(to exercise the rights set out in the letters (a) and (b)), the holder shall prove the operation of the concession or authorization for one year, complying with minimum standards of operation laid down in the rules;" or certify the quality of usual farmer.

Respecto_de the exercise of the rights set out in the letter to), is excepted from this requirement to the holders of aquaculture concessions members of a grouping of concessions. Similarly, it will not be enforceable requirement for the Constitution of a mortgage on the concession or authorization.

To exercise the right set out in c), the holder shall prove the quality of usual farmer. "."

((15) in article 80 ter: to) removed, in the first paragraph, the sentence "permission granted by the Secretary of Navy or fishing, as appropriate,".

(b) add the following final paragraph: "Without prejudice to the foregoing, may changed the regime that is under the concession or authorization of aquaculture, making the consignment referred to in article 77.".

(16) replace article 81 by the following: ' article 81.-transfers, leases and any act involving the transfer of concessions or authorizations for aquaculture, whatever the regime to which they are subject, shall be entered in the register of concessions or authorizations of aquaculture that will take the Undersecretary of Navy or fishing, as appropriate, upon verification of the request that contains the certificate of operation by the service that realizes that not " (incurred in the grounds for revocation of article 142, letter e); of the public deed or instrument evidencing the respective Act, in its case, and certificate validity of the Contracting Parties, if appropriate, shall accredit found daily in the payment of patent of aquaculture.

Indicated documents must have been issued within 30 calendar days prior to the date of filing of the application.

Only transfers which give effect to the scheme to which the concession is subject designated in articles 80 bis u 80 ter shall be recorded. In the event that does not comply with these requirements, the background will be returned to the petitioner.

After period of two months from the date of entry of the application for registration, unless it has been made, the term she accepted in accordance with the provisions of article 64 of law No. 19.880.

Acts of transfer, lease and any other involving the transfer of rights over concessions and authorizations for aquaculture shall not be opposable to third parties, as they are not registered in accordance with the preceding subparagraphs. To the mortgagee not opposable sayings you will find acts, except leases and the rights that have been entered in the register of concessions or authorizations for aquaculture with prior to the registration of the mortgage in the register of mortgages and liens of the conservative real estate corresponding.

The purchaser, lessee, or mere fork must comply with the requirements laid down in article 71, that must be point in the deed or instrument that corresponds.

Without limiting the foregoing, interested parties may require the Undersecretary of Navy or fishing, as appropriate, the registration of other acts or contracts which have as their object the concession or authorization of aquaculture.

Days 1 and 15 of each month or the next business day if those it were not, the Undersecretary of Navy or fishing, in his case, shall inform service registrations carried out fifteen consecutive days previous.

Obligations and violations that try this law and its regulations will be charge holder, or who has a right on the granting that enable the exercise of the activity of aquaculture in it. In both cases the registration in the register of existing concessions to date become enforceable obligation or the Commission of the offence, shall apply accordingly. "."

(17) add the following article 81 bis: "article 81 bis.-without prejudice to other legal business, may be constituted mortgage on the concession or authorization of aquaculture, which must be granted by public deed and register in the register of mortgages and liens of the conservative in real estate that has jurisdiction in the commune in which is located the concession or authorization. The mortgage will undergo the provisions contained in title XXXVIII of book IV of the Civil Code, called "Of the mortgage", where it is not contrary to the provisions of this law. The mortgage shall extend to the rights of use and enjoyment that it grants the concession, in accordance with the provisions of article 67 bis.

Do not apply the grounds of expiration of concessions and authorizations of aquaculture on which has been locked embargo or rendered an interlocutory or interim measure established in the mortgage, the date of the resolution who has ordered them and the date of registration of the concession or authorization of the new proprietor which has awarded in forced sale. The same rule shall apply in cases of bankruptcy or declaration presentation of the preventive agreement of the holder of the concession or authorization of mortgaged aquaculture or the debtor of the credit guarantee with the same mortgage.

The benefit covered by the previous paragraph may not exceed three years. The application of grounds for revocation will begin again to run from the date of the expiration of this time period or the date of the alienation of the concession or authorization, depending on which is the event first in occur.

In case that it had agreed that the concession or authorization mortgage cannot be taxed or disposed of, you must enroll in the log of bans and dispose of the conservative's real estate respective prohibitions, and its infringement it entitle the creditor to demand its immediate implementation, whereas the caucionada obligation as of expired term.

If the expired of no application of the grounds for revocation, is find pending the realization of the mortgage, the mortgagee may request its immediate implementation, although exceptions have opposed.

The judge shall order the immediate execution of the mortgage, requesting the mortgagee that it previously caucione the results of the trial.

Without limiting the foregoing, judge not can impose it if the debtor has founded his opposition in any of the following exceptions: 1) payment of the debt.
(2) prescription.
(3) not empecer the title to the defendant. In this case, you can not discuss the existence of the mortgage obligation, and to be admitted to processing must be based on any written history and appear coated plausible basis. If not concurring these requirements, the Court cast off her plane.

In these cases, the opposition will be processed as incident. The appeal of decisions handed down against the defendant shall be granted in the only devolutive effect. The Court of appeal may award, at the request of a party, the suspension of the enforcement of the judgment of the trial while the appeal is pending if there are reasons to do so, that will resolve into account.

Discarded formulated opposition, will proceed to the auction of the concession or authorization mortgaged.

The fulfilment of the obligations laid down in the Act and its regulations remain cargo owner or performer, as appropriate, while not awarded the concession or authorization to a third party.
The non-application of the grounds for revocation before mentioned not governed in cases when the performer or the acquirer, forced sale, is the same natural person or legal holder of the concession or authorization of aquaculture or people connected to it. Adopted son refers to related persons, natural persons having the quality of spouse or relative up to the third degree of consanguinity and the second degree of affinity inclusive or those who are directors, managers, administrators, executives main or liquidators of the company, as well as any entity controlled, directly or indirectly, by any of them; partners, if it is a society of people, is to participate directly or through another related person, be it natural or legal; the societies of people having one or more partners in common, directly or in the form indicated above; entities of the business group to which it belongs the society; legal persons that have, with respect to society, the quality of matrix, coligante, subsidiary or associated referred to in title VIII of law No. 18,046, on joint-stock companies, and any person who, alone or with others that have joint action agreement, you may designate at least one member of the directors of the company or control 10% or more of the capital or of the voting rights.

It is understood as a concession or authorization of new aquaculture for the purposes of article 142, one that is registered as a result of a sale enforced or carried out according to book IV of the commercial code, called "The bankruptcy", except as provided in the preceding paragraph.

In any case, the purchaser shall comply with the requirements laid down in article 71 of this law. Enforcement will not enabled the acquisition of the award by a legal person that does not have within its aquaculture activity, except in the case a bank concerned and for the sole purpose of alienating the granting, in accordance with article 84, no. 5, letter b), of the decree with force of law N ° 3 in 1997, the Ministry of finance, which set the revised text, coordinated and systematized in the General banking law. "."

(18) add the following article 81 ter: "(Artículo 81 ter.-La inscripción de la hipoteca contendrá: a) the name, surname and address of the creditor and your profession, if any one;" and the same designations in respect of the debtor and of parents or legal representatives of one or the other, that require registration.

Legal persons will be called by their legal name and the place of their establishment; and shall extend to its representatives what is said of the parents or legal representatives in the foregoing paragraph.

(b) the date and nature of the contract to enter the mortgage, and the file in which it is located.

If the mortgage has been formed by separate Act, is expressed also the date of this Act, and the file in that is.

(c) the location of the center of culture, sector, commune, province and region.

(d) the surface of the center of culture and geographical coordinates which delimit it and species or group of species subject to cultivation.

(e) the number of the resolution which granted the concession or authorization, date and authority that emanates and the date of its publication in the official journal.

(f) the specific amount that extends the mortgage in the case have been limited to a certain amount.

(g) the date of registration and the conservative firm. "."

((19) in article 84: to) interlayer, paragraph first, then followed dot (.) which happens to be comma (,) the following sentence: "except in the case of concessions or authorizations for aquaculture whose technical project consider exotic fish, which will pay 10 monthly tax units per hectare.".

(b) Agreganse following final, new subparagraphs: "the holder of the concession or which carry out aquaculture activities to any title, who commits an unfair or anti-Union, practice will be sanctioned with a fine of fifty to one hundred fifty monthly tax units. It shall also be punished with a fine of fifty to one hundred fifty monthly tax units to the contractor or subcontractor incurred in these practices. Equal fine shall apply to the company that simulates the recruitment of workers through third parties. The sums collected by this concept shall be distributed between the regions and communes in the form indicated in the second paragraph of this article.

Not be renewed the concession holder that is not a day in the fine referred to in the preceding paragraph.

Nor will renew the concession holder who accumulates three sanctions legally ejecutoriadas by anti-trade union or unfair practices in three continuous production cycles. The offences should refer to events that took place in a centre of culture, with respect to the concessionaire employees who have rendered service to the referral center at the time of occurrence of the violation. Working arrangements will be content in the law N 20.123.

The fines for anti-trade union or unfair practices applied to the holder of a concession are counted with respect to successive owners when the transfer of the concession is made directly or indirectly to a person or company within the meaning of article 81 bis of this law. "."

(20) Introducense paragraphs following second and third article 86, passing the current subsection second to be final paragraph: "these measures may include the Elimination of species living aquatic cultivation, the establishment of sanitary conditions for aquaculture activities, as well as transportation, washing, processing, disinfection and other activities related to the cultivation of living aquatic species and subject to the supervision and control of the authority in the application of antimicrobials and other products intended for the control of diseases and pests. The rules shall lay down the conditions and procedure for the establishment of groupings of concessions, conditions which must comply with farms and farms in fresh water, the reports that must be delivered periodically by the proprietors of farms whose content shall relate at least to the use of antimicrobials, vaccines, chemicals, and waste treatment. Prohibit the application of antimicrobials preventively in aquaculture and any use detrimental to human health.

Specific procedures and methodologies for the implementation of the above-mentioned measures will be established through General and specific programmes, dictated by the service resolution. "."

(21) merge the following article 86 bis: "article 86 bis.-the Secretary shall specify by resolution, densities of crop by species or group of species for groupings of concessions that have been fixed, in accordance with the following procedure.

The secretariat will develop a preliminary proposal for a density of cultivation through technical, economic and environmental report which will be sent in consultation service and the Instituto de Fomento Pesquero. Issued the pronouncement of both institutions and analyzed and incorporated, as appropriate, the observations made, shall in consultation the proposal to holders of concessions for aquaculture within each of the groupings of concessions. These holders will have within a month to send its observations providing the background that melt them.

The expired designated above, the Undersecretary fixed, founded resolution to be published in the official journal, the density of cultivation for each of the groupings of concessions.

Within the 10 days, counted from the date of publication in the official journal, the density set to the Minister, accompanying the background to the claim therefor is claim. The Minister shall within the period of 10 working days.

At the end of the stage of fattening of the productive cycle, the density of cultivation, at the request of any of the holders of aquaculture grants members of the grouping of concessions respective, attending a history who realize their health condition will be reviewed.

Shall be considered cultivation density existing fish biomass per area used with structures of culture, at the end of the stage of fattening of the production cycle. To comply with the demands of culture in the case of fish density, the maximum number of copies is set to join the structures of culture at the beginning of the stage of fattening of the productive cycle whereas at least useful depth of the structures, the expected mortality and weight average of the copies to the harvest. The regulation, technical report of the Secretariat, will establish the calculation formula. In other cases shall apply the rules of procedure. "."

(22) incorporate the following article 86 ter, new:
"Article 86 ter-in cases in which the service has determined a sanitary condition of risk between areas or groupings of concessions, the transit of vessels providing services to farms from areas or groupings of concessions that present a health condition from higher risk to lower risk, unless these vessels are disinfected in disinfection stations authorized by the service shall not be permitted." These stations shall comply with disinfection protocols laid down in the regulation.

Disinfecting stations will be located in the sectors that determine the service according to conditions of biosecurity and the obtaining of maritime concessions or permissions that may be required. For this purpose they shall the provisions of the decree with force of law No. 340, 1960, on maritime concessions, or to legislation that replaces it.

For the purposes of the control of the prohibition of transit or submission to protocols of disinfection in accordance with this article, shall be required to craft before mentioned the use of the automatic system referred to in article 122, letter l).

The shipowner whose ship failing to carry the provisions of this article shall be punished by the prohibition of departure of the ship for a period of three months. Sanctions will be imposed by resolution of the Undersecretary, prior report of the service and the interested audience. You can claim the resolution that imposes the sanction to the Minister within the period of 10 working days, from the notification of the decision, which must be resolved within the period of 15 working days. Resolved the claim resource or the expired for such appeal, the Undersecretary shall notify the maritime authority resolution which imposed the sanction, to make effective the prohibition of departure from the date of such communication.

In case of repetition of the offence by a same ship, will double the term of duration of the ban on departure.

The ban on departure that has this article shall be without prejudice of the Faculty of the maritime authority to authorize the departure in case of danger of life at sea, for the safety of the vessel or for repairs or maintenance thereof.

Holders of authorized disinfection stations that do not comply with the established protocols, will be sanctioned with the suspension of activities for a period of three months. In the event of repetition of the offence in a disinfection station, the period of suspension will be doubled.

These offences shall be subject to the procedure laid down in this article. "."

((23) Introducense the following amendments in article 87: to) interlayer, paragraph first, then the word 'capabilities', the expression "in charge", and added, before the separate point, what be comma (,), the following text: "to ensure the prevention of the emergence of anaerobic conditions in the areas of impact of aquaculture and aquatic life. Also, they should include, among others, measures for the prevention of escapes and detachment of exotic specimens in cultivation, which will include those concerning the safety of the structures of culture attended the geographic and oceanographic characteristics of the sector, the obligations of reporting of these events and mitigation actions, which will be the owner of the center of cultivation cost".

(b) add the following new third subsection: "applicants of aquaculture concessions must submit a preliminary characterization of the site as a requirement for the environmental assessment of the respective application. Aerobic conditions of aquaculture concessions will be verified through periodic environmental reporting on the aerobic condition of farms. "."

(24) Introducense following articles 87 ter and quater 87: "article 87 ter-in order to take a control line of the environmental parameters of the groupings of aquaculture concessions, these must have a technology that record and transmit at least indicators of conductivity, salinity, temperature, depth, currents, density, fluorescence and turbidity, as the regulation establishes it."

Article 87 c-evaluation tools environmental and health, as well as the certifications required by the rules laid down in articles 12, 86, 87 and 87 bis and 90 bis shall be developed by the natural or legal persons entered in the register referred to in article 122, letter k). "."

((25) amending article 90 bis as follows: to) replace, in the first paragraph, the phrase "nurseries and killing centers" by "Collection centres" and slaughter facilities.

(b) be inserted following paragraph second, new, passing subparagraphs second and third to be subsections third and fourth, respectively: "shall be permitted the operation of warehouses of fish in cases where using a technology or procedure that will ensure that you there is the spread of pathogens by water exchange in target and implement a mechanism of bio-secured unloading processing plants , in accordance with the conditions laid down in the regulations. "."

((26) amending article 90 ter, in the following manner: to) replacements, in the first paragraph, "killing centers or nurseries" phrases "collection centers or centers of slaughter" and "killing centers" by "of slaughtering centers", respectively.

(b) replace, in the second paragraph, the term "nurseries and killing centers" "collection centers or centers of slaughter".

(c) replace, in the third paragraph, the word "killing" by "slaughtering".

(d) replace, in the fourth paragraph, the phrase "nurseries and killing centers" by "collection centers or centers of slaughter".

(27) Insert the following article 90 quater, new: admitted to processing, aquaculture applications pointing their number of income, location, surface and incorporated in the technical project living aquatic species. "

(b) reports on health status and use of antimicrobials by amount and type of groupings of concessions and reports about the national program of surveillance of diseases of high risk, in accordance with the regulation referred to in article 86.

The information will be updated every six months.

(c) results of the environmental reports of farms.

(d) health zoning to be performed in accordance with the regulation referred to in article 86, indicating the free, infected and surveillance zones.

(e) cultivation centres with suspension of operations for breach of conditions set out in the regulation.

(f) identification of sanctioned vessels in accordance with article 86 ter. "."

(28) Insert, in subparagraph first of article 118, then of the expression "in them", the phrase "or in health programmes established by resolution of the service, in accordance with those regulations".

(29) Incorporanse following articles 118 ter and quater 118, new: "(Artículo 118 ter.-Serán sancionados los titulares de las concesiones y autorizaciones de acuicultura que incurran en las siguientes infracciones: a) in the case of the cultivation of fish, plant specimens in the Centre of culture without the environmental information evaluated by the service, within the period laid down in the regulation or" , in the case of other crops, not suspend entry of copies to the center of culture from the date of communication of the negative evaluation of the environmental information by service, within the time limit set in regulation.

(b) does not comply with conditions of density or rest in farms or the coordination of them in groupings of concessions, arranged in accordance with the Act and its regulations.

In cases before mentioned, the owner of the center of culture in which the infringement has been committed shall be punished by a fine of between 2,000 and 3,000 UTM.

If within the period of four years counted from the first offense, is set a second violation of the before mentioned in the same centre, he shall be punished to the holder of the concession with the suspension of operations of the respective Centre for a period of three years. All expire the concession or authorization, the holder of which failing to carry to the suspension of operations above.

The suspension will be effective from the date of notification of the decision of the Secretariat that imposes it. However, in cases in which there are exemplary in cultivation at that date, the suspension will be applied starting from the harvest of these, being forbidden the new entry of copies.

The period of suspension of operations prepared pursuant to this article not be computed for the purposes of establish the grounds for revocation provided for in article 142, letter e), of the General Law of fisheries and aquaculture.

Shall declare the forfeiture of the concession of aquaculture, setting a third violation of the mentioned above, within the period of three years from the fulfilment of the second suspension for this farming Center.
In the event of escape or massive loss of resources in systems of intensive cultivation of detachment or loss of exotic resources in field crops, and found the breach of the adoption of security measures of the modules of culture and anchorage or the maintenance thereof in cases where appropriate, in accordance with the regulations, the owner of the center of culture shall be punished by fine of 500 to 3,000 monthly tax units.

The owner of the center of culture in which is found the use of drugs or chemical substances prohibited for aquaculture, shall be punished by a fine of 500 to 3,000 monthly tax units. In case of repeated infringement within the period of two years, the fine will be doubled.

Violations of this article will not undergo the procedure laid down in paragraph 2 of title IX. Such sanctions shall be imposed by resolution of the Undersecretary, prior report of the service and the interested audience. You can claim the resolution that imposes the sanction to the Minister within the period of 10 working days, from the notification of the decision, which must be resolved within the period of 15 working days.

Article 118 c.-without prejudice as provided in subsection seventh of the previous article, in the event of a leak or loss of resources in systems of intensive cultivation or detachment or loss of exotic in extensive systems hydrobiological resources, be presumed environmental damage in accordance with the law No. 19,300 if the owner of the Center not recapture at least 10% of the specimens within the period of 30 days from the event extendable for a time in the same terms. "."

30) in article 122: to) replace your letter to) by the following: 'a) inspecting and registering real estate, hotels, farms, warehouses, slaughtering centers, nurseries, killing centers, enclosures, ships, aircraft, trains, vehicles, containers, boxes, packaging, containers or elements that have served to commit offences, such as arts and fishing where occur, cultivate prepared, processed, stored, distributed and marketed living aquatic species and their derived products.

In the event of opposition to the registration or inspection, officials of the service may request the assistance of the public force, which will have the power to shoot, if necessary, to enter closed places that do not constitute abode. "."

((b) insert in the letter b), between the expressions "health quality" and "products", the phrase "of used imported materials intended for fisheries and aquaculture, activities and".

((((c) Agreganse the following letters j), k) and l): "j) register of processing plants for foodstuffs intended for the living aquatic species require, under affidavit, reports of production, stock of finished products and destination of such statements.

(k) take a register of natural and legal persons accredited to develop environmental and health assessment tools, as well as the certifications covered by this law or the regulations made pursuant to it. The rules shall lay down the technical and financial requirements that must meet, in order to ensure the quality, reliability, and appropriateness of its functions, the compliance of these rules and guarantees that must yield to their corresponding registration. Those enrolled in the registry will be required to send to the service reliable copy of the instruments prepared within the period of five days, from its broadcast.

Service suspended registration, up to a period of five years, to those who lose one or more of the requirements for registration. Also, service suspended the registration, in the same terms previously pointed out, those who fail to comply with laws, regulations, obligations in cases where the rules set.

It will be removed from registration to those who develop instruments without undergoing procedures and methodologies established for that purpose by the regulations in force or give false information in them.

Suspension or removal from the registry shall affect the legal person and personally considered partners, who may not register for the elimination period, either directly or through another legal person which part.

The registration will be valid for three years and may be renewed at the request of the interested parties.

(l) require the use of a system of automatic positioning vessels providing services of any nature to culture facilities members of groupings of concessions, in accordance with the provisions of title V of this law. "."

(31) incorporate the following 122 bis, new article: "article 122 bis.-the service must prepare, account and cost the owners of farms, in any capacity, environmental information stating that the Centre is operating in accordance with article 87 of this law." The service may entrust this work, prior invitation to tender, to natural or legal persons entered in the register referred to in article 122, letter k).

The rates to be paid by the owners of farms for the production of environmental information shall be laid down by Decree of the Ministry. Holders must provide to the service, prior to the development of environmental information, the opportunity to set in the regulation, proof of payment of the corresponding fee to the General Treasury of the Republic.

The results of the sampling carried out pursuant to this article shall presume valid except for those affected to prove by any means that they are erroneous, false, unfounded or that in its preparation have been made omissions. "."

32) amending article 125, in the following sense: to) delete, in the third paragraph of number 1), the final sentence: "denunciation shall be demand for all legal purposes.".

((b) add the following number 18), new: "18) in matters not provided in this article, apply supplementary standards contained in books I and II of the code of Civil procedure, except for those relating to the abandonment of the proceedings, withdrawal of the demand and what is contrary to the contentious nature of this procedure.".

33 incorporated the following article 132 bis, new: "article 132 bis.-the efforts to prosecute the offences referred to in this title will be prescribed in the term of three years counted from the date on which the offence was committed.

The penalties imposed will prescribe in the term of three years, counted since the sentence is enforceable. "."

(34) incorporate the following 137 bis, new article: "article 137 bis.-living aquatic exotic species that release from farms to the environment without obtaining the authorization referred to in the regulation of article 87, shall be punished by a fine of 100 to 3,000 monthly tax units and the penalty of imprisonment less in its minimum to medium.".

35) in article 142: to) modify the letter e), follows: i. incorporated, in the first paragraph, the following final sentence: "the above-mentioned deadlines will be suspended in cases in which the authority had arranged mandatory rest, in accordance with the regulation referred to in article 86.".

II. in the third paragraph, replace the sentence "once an extension of term of up to one year" by "an extension of time by the time of the event which set the force majeure or fortuitous", and add the following final sentence: "Shall be considered as an event of force majeure, among others, the cessation of activities that is justified by the health situation in the area surrounding the concession or authorization concerned.".

III. Add the following new final paragraph: "the mortgagee may request from the service certificate that gives account of the operation of the center of culture in accordance with the rules.".

((((b) in the first subparagraph agreganse the following letters i), j), k) and l): "i) have violated the suspension of operations prepared in accordance with article 118 ter."

(j) incur a third violation in accordance with the provisions of article 118 ter.

(k) in the case of the centers of culture that under this Act are maintained in operation in lagos, incurred three times in anaerobic condition, in accordance with the regulation referred to in article 87.

((l) have been sanctioned the holder three times in two years pursuant to article 118 ter, letter b), article 137 bis or seventh paragraph. "."

(c) add the following final paragraph: "the Court which has ever known of a breach of this Act and whose repetition can lead to configuration of grounds for revocation in accordance with this article, shall inform the sentence imposed by the sanction to the mortgagee inscribed in the register of aquaculture concessions carrying the Secretary of Navy, within the period of one month from the date of the respective resolution. Within the same period, the Secretariat shall inform the mortgagee the sanctions imposed in accordance with article 118 ter. "."