LAW NO. 20,293 PROTECTS CETACEANS AND INTRODUCES AMENDMENTS TO LAW NO. 18,892 GENERAL OF FISHERIES AND AQUACULTURE Having present that the H. National Congress has given its approval to the following Bill: Article 1.-Declare the spaces maritime sovereignty and national jurisdiction, as a free zone of cetacean hunting only for the purposes provided for in this law. Article 2.-It is prohibited to kill, hunt, capture, harass, have, possess, transport, land, manufacture or carry out any processing process, as well as the marketing or storage of any kind of cetacean the maritime spaces of national sovereignty and jurisdiction. Article 3.-In order to promote the protection and non-lethal use of cetaceans, the hunting free zone shall have the following objectives: (a) To promote the protection and conservation of cetacean populations, related biodiversity and ecosystems on which they depend. b) Protect key spaces for the development of their life cycles, implementing additional protection measures in breeding, mating, parental care, feeding and migratory routes. (c) Ensure that activities around the observation of cetaceans are carried out in a responsible, regulated and sustainable manner. d) Ensure the effective protection of the various species of cetaceans that inhabit and circulate in the maritime spaces of national sovereignty and jurisdiction, for which the creation of protected coastal marine areas, parks or reserves will be encouraged. Article 4.-The competent bodies in this field shall adopt in a coordinated manner and implement the necessary measures and regulations for the protection of cetaceans, their biodiversity and the associated ecosystems. All fishing vessels must have a contingency plan in case of collision, damage or accidental extraction of a cetacean, according to the respective regulations. Article 5.-The infringement of these rules shall be sanctioned in accordance with the provisions of the General Laws of Fisheries and Aquaculture and of Navigation, where appropriate. Article 6.-Modify the General Law of Fishing |! |and Aquaculture, whose text recast, coordinated and |! |systematized was fixed in decree No. 430, of |! | 1992, of the Ministry of Economy, Development and |! | Reconstruction, in the following terms: 1) Add, in Title II, the following |! | Paragraph 4: " Paragraph 4th of the protection, rescue, rehabilitation, reinsertion, observation and monitoring of mammals, reptiles and hydrobiological birds Article 13 A.-The Subsecretariat, by means of |! |resolution, will set the procedure and |! |features to be subjected to the rescue |! |of the individuals of a hydrobiological species that |! |are in evident and imminent threat of |! |death or physical damage, or that they are found |! |disabled to survive in their midst. For these purposes, rescue will be understood the |! |process oriented to safeguard or to release one or |! |more individuals, of an obvious or imminent threat |! |of death or physical damage, when this is the product of |! |effects of anthropic activities, pollution of |! |your environment or adverse environmental factors, and |! |reinsert it into your natural environment when the |! |conditions allow. Article 13 B.-The copies which, being |! |affected by anthropic activities, contamination |! |of their environment or adverse environmental factors, have |! |been rescued according to the established procedure |! |according to the previous article, or that have been |! |held, seized, confiscated or seized by |! |any fiscalizing authority, must be returned |! |immediately to the natural environment. Notwithstanding the above, in case such |! |copies cannot be returned to the natural environment |! |in conditions that do not detract from their survival |! |natural, or in case there is high uncertainty |! |on whether their incorporation into the environment will harm |! |populations of the sector in which they will be returned, such |! |copies must be sent immediately to |! |a center of rehabilitation of species |! |hydrobiological. In the event that there is no center |! |rehabilitation in the respective province, or that |! |the specimens belong to species or populations |! |alectonas, said individuals will be able to be sent to a |! |authorized establishment in which they are maintained |! |species in captivity, like zoos, centers of |! |public display or others that have the |! |adequate infrastructure and trained staff to |! |perform such functions. This authorization will be |! |granted on a case by case basis and only in order to be |! |rehabilitated and returned to its natural environment |! |and will not be able to be marketed or used in a manner |! |any for commercial purposes. For these purposes, it will be understood by centers of |! |rehabilitation of hydrobiological species the |! |establishments destined to temporarily maintain |! |the specimens in order to carry out controls to them |! treatment |! |veterinarian or appropriate care for your |! |recovery or rehabilitation, as the case may be. The |! |permanence of the specimens in these centers of |! |rehabilitation must be evaluated periodically by |! |a competent professional. The rehabilitation activities must be |! |respect the biological and |! characteristics of the different species, in |! |special, the rehabilitation "ex situ" will not proceed |! |in the treatment of larger cetaceans. Article 13 C.-By resolution of the |! | Subsecretariat, prior technical report of the Service, |! |the procedure of recognition will be established |! |official of the authorized rehabilitation centers |! |to maintain copies according to the disposed in |! |the above article, the requirements they will have |! |comply for purposes of such recognition, the |! |classification according to the type of activities |! |that are authorized and the procedure of |! |certification to which they will be submit |! |periodically. The Register of the |! |rehabilitation centers that will carry the Service must be |! |public and updated through evaluations |! |periodicals that ensure compliance with |! |sanitary and environmental standards. Article 13 D.-The reinsertion or release of |! |the specimens held in a center of |! |rehabilitation shall be carried out in their habitat |! |natural. A regulation will set the procedure |! |reinsertion, its characteristics and the quality |! |technique that must be owned by the staff running |! |such activity. Article 13 E.-The observation of mammals, |! |reptiles and hydrobiological birds consisting of the |! |voluntary approach to specimens of such |! |species directly or from a means of |! |air, land, sea, lake or lake transport |! |fluvial, with the purpose of promoting a contact |! |visual with these in its natural habitat, for purposes |! |recreational, research or educational, will be |! |subject to the provisions of this paragraph. In the development of the activities of |! |observation a behavior must be guaranteed |! |respectful with the specimens as well as ensure the |! |safeguard of the specific characteristics of each |! |species and the security of the observers. It is |! |prohibits the realization of any act of harassment or |! |of persecution that alters the conduct of some |! |exemplary, or that involves forcing physical contact |! |with some exemplary occasioning mistreatment, stress or |! |physical damage to it. One or more regulations will establish the |! |procedures and requirements to be submitted the |! |record of the cetacean sighting, as well as the |! |observation of mammals, reptiles and birds |! |hydrobiological. " 2) Add the following items 135 bis and |! | 135 ter: " Article 135 bis.-The one who dies or performs |! |hunting activities or capture of a copy of |! |any species of cetaceans will be sanctioned with the |! |major prison sentence in its minimum degree and comiso, |! |without prejudice to the administrative penalties that |! |correspond in accordance with the law. Also, the |! |you have, possess, transport, disembarkation, elaborate or |! |carry out any processing process, as well as |! |commercialize or store these live species or |! |dead or part of these will be punished with the penalty |! |of comiso and (i) to the extent that it is not possible to impose a minimum of one or more of the following: You will not have any criminal responsibility which for purposes |! |of investigation and rehabilitation, keep in |! |captivity, possess or transport live copies, |! |whenever you have a temporary permission and |! |specific granted by the Subsecretariat or the |! | Service, as appropriate. Likewise, you will not have criminal responsibility, the |! |you have, possess or transport dead copies, |! |parts of these or their derivatives, provided that you count |! |with a permission granted by the Service. This |! |authorization can only be granted to institutions |! |education recognized by the State, museums and |! |marine research and conservation centers |! |located in the national territory that have purposes |! |of teaching, research, deposit or display. It shall not constitute a crime the accidental death of |! |the specimens of cetaceans provided that the |! |compliance of the safety standards emanated from |! |the competent authorities and the established in the |! |law. These should specifically refer to how |! |avoid collisions in certain areas. Article 135 ter.-The ships that circulate in |! |maritime spaces of sovereignty and jurisdiction |! |national and the aircraft that fly over those |! |spaces that develop activities of sighting |! |and observation must fulfill to the |! |set in article 13 E. The breach of |! |these obligations will be sanctioned according to |! |the stated in the a Article 116. The above is without prejudice to the compliance of |! |the rules on maritime and air safety, and on |! |navigation and airworthiness established by the |! | Directorate General of the Maritime and Marine Territory |! | Merchant and by the Directorate General Aeronautics |! | Civil, as appropriate. "." And because I have had good to approve and sanction it, therefore promulgate and take effect as a law of the Republic. Santiago, 14 October 2008.-MICHELLE BACHELET, President of the Republic.-Hugo Lavados Montes, Minister of Economy, Development and Reconstruction.-Alejandro Foxley Rioseco, Minister of Foreign Affairs.-José Antonio Viera-Gallo Quesney, Minister General Secretary of the Presidency.-Ana Lya Uriarte Rodríguez, Minister President of the National Environment Commission. What I transcribe for your knowledge.-Jorge Chocair Santibanez, Assistant Secretary for Fisheries.