Modifies Law-General Of Fisheries And Aquaculture In Terms Of Replacement Of Registration In The Register Of Artisanal Fishing

Original Language Title: MODIFICA LEY GENERAL DE PESCA Y ACUICULTURA EN MATERIA DE REEMPLAZO DE LA INSCRIPCION EN EL REGISTRO DE PESCA ARTESANAL

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"Sole article.-amending Law No. 18.892, General Fisheries and aquaculture, the revised, coordinated and streamlined text was set by the Decree No. 430/1992, the Ministry of economy, development and reconstruction: 1. Introducense the following modifications in article 2."

((a) replace the number 15), by the following: "15) artisan fishing craft or artisan craft: is exploited by a shipowner craft and registered in the artisanal fishing registry, of a maximum length not exceeding 18 metres, 80 cubic meters of capacity of Winery, and up to 50 tons of thick Registry."

Artisanal vessels by length categories will be established by regulation.

Likewise, shall be determined for each category, its maximum load capacity, the maximum volume of Winery and the minimum area dedicated to habitability, taking into consideration the rational exploitation of aquatic resources and the conditions of work on board. In any case, the maximum load capacity for the corresponding to the greatest length category fishing trip, may not exceed 80 tonnes.

In the event that is recorded the operation of a crafted that does not meet the provisions of the regulation referred to above in relation to its volume or surface, its extractive activities being forbidden the departure of the offending vessel until certifying the adequacy of its characteristics to that text shall be suspended.

If it finds three times, in the term of two years, a handmade boat has landed catches that exceed the maximum per fishing trip, the rights arising from the registration fishing craft for the period of three months, will be suspended being forbidden the departure of the vessel violating since communicates such circumstance. "."

((b) replace the No. 29), by the following: "29) fishing: extractive fishing activity carried out by natural persons who, in a personal, direct and regular, working as fishermen registered in the artisanal fishing register, with or without the use of a crafted."

Without limiting the foregoing, is also regarded as fishing extractive fishing activity carried out by legal persons that are composed exclusively by natural persons registered as fishermen in the terms established in this law. This exception applies only to shipowners and fishermen organizations.

For the purposes of this Act, the artisanal fishing activity is exercised through one or more of the following categories: artisan craft, fisherman owner as such, diver, shore, Alghero or diver apnea collector: to) craft owner: fishworkers, the legal person or the community, in the terms referred to the Civil Code, owner of up to two artisanal vessels. As regards natural persons and individual limited liability companies, two artisanal craft may be proprietary, may not be altogether, a capacity of winery that exceeds one hundred cubic metres. In the case of legal persons and communities, understanding as such the envisaged in the Civil Code, the two artisanal vessels that may be proprietary, may not be altogether, a capacity of winery exceeding one hundred and sixty cubic meters.

Membership magazine the natural person in any legal person or community which, in turn, has the quality of craft owner shall be considered for purposes of determining the limitation of ownership of artisanal vessels.

In the event that the owner is a community, it must be integrated only by fishermen, always there is joint and several liability between all of them to the patents and payment of fines resulting from the fines imposed in accordance with this Act, as applicable.

Only fishermen can register in this category as such and divers.

(b) fishworkers themselves such: is one who serves as helmsman or crew in a handmade boat, what ever its remuneration regime.

(c) diver: is the person who performs extractive activity of aquatic resources by diving with air, supplied from surface or in an autonomous manner.

(d) collector's edge, Alghero or diver apnea: is the person who carries out activities of extraction, harvesting or mowing of hibrobiologicos resources.

The above categories are not exclusive to each other, and can, therefore, a person be qualified and acting simultaneously or successively in two or more of them, provided that all exercise in the same area, without prejudice to the exceptions that includes the title IV of this law. "."

2 modify article 50 A, in the following way: to) delete paragraph first sentence "In the case of divers, will be replaceable for total and permanent disability.".

(b) Intercalanse the following second, third and fourth subparagraphs ordered others correlatively: "replacement will operate in indivisible way for all current and closed fisheries that the replaced with inscribed in the register, in any category, leaving without effect the registration with respect to the fisheries with open access, by the only Ministry of law.

For these purposes, service shall, at the request of the holder of the registration, a certificate attesting the individualization of the holder of that grant the basic characteristics of the ship, if any, and the individualization of the registered fisheries that remains in force.

This certificate will have an indefinite duration, while maintaining the validity of the suspension of access and is not affected by the cause of forfeiture that may be incurred by the owner of the registration. "."

(c) disposed of in the final paragraph the expression "or possession".

(d) Agreganse the following subparagraphs, here's the final paragraph: "the replacement should be fishing craft, entered in the register of craft, shall accredit habitualness in extractive fishing activity in accordance with the following paragraphs.

Registration of a minimum of 50% of fishing trips, continuous or alternating, or days of extractive fishing activity, habitually means as appropriate, in relation to the annual average of the entire fishing trips or days of extractive fishing activity that made catches, in the relevant region, in one of the fisheries that have registered in the given category , in the past three years. In the case of highly migratory species or demersal in great depth, the habitually will be considered in relation to the regions that exercised fishing activity.

It means fishing trips which contained in forms of artisanal landings, delivered in accordance with article 63, and give account of catches made in the respective fishery. In the case of divers and fishermen as such, will be credited the habitually using the information from the departures of boats whose crew has participated the replacement, affixed to the maritime authority.

In the event that the integration of a community or legal person is partially changed, the new members or partners must comply with the aforementioned requirement of habitually. In the event that the modification of the integration is total, the registration shall be submitted to replacement rules.

The requirement of habitual shall not be payable in cases where the replacement is a descendant of the replaced, up to the fourth degree of consanguinity in a straight line.

The replacement will not operate with respect to the category of collector's edge, Alghero and diver apnea, or it may be invoked by the replacement. "."

3 Introducense the following modifications in article 51: to) replace the subsection header first with the following: "article 51.-to register on the craft shall meet the following requirements:".

(((b) Reemplazanse letters a) and b) by the following: "to) be Chilean natural person or foreign with permanent residence, or be legal person in accordance with article 2 °, N ° 29, of this law.

(b) have obtained the title or registration of the maritime authority that enable it to perform as such. This requirement shall not apply to the category of collector's edge, Alghero and diver apnea. "."

((c) delete the letter c).

((d) replace the letter d), which became a c), the expression "province, commune and town," by "commune and Cove base".

e) incorporated the following letter d), new: "d) fishermen, to be on the register, must prove effective residence of at least three consecutive years in the respective Region.".

4 Incorporanse the following modifications in article 52: to) insert in your header, between the word "vessels" and the expression "in the craft register", the phrase "with their respective owners and Cove base".

((b) replace the letter b), with the following: "b) accredit the main features of the crafted, in accordance with the provisions of article 2, N ° 15, of this Act.".