Modifies Law No. 18.892, General Of Fishing And Aquaculture, In Order To Prohibit Or Regulate, If Necessary, Import Or Cultivation Of Species Living Aquatic Genetically Modified

Original Language Title: MODIFICA LA LEY Nº 18.892, GENERAL DE PESCA Y ACUICULTURA, CON EL FIN DE PROHIBIR O REGULAR, EN SU CASO, LA IMPORTACION O CULTIVO DE ESPECIES HIDROBIOLOGICAS GENETICAMENTE MODIFICADAS

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"(Artículo único.-Modifíca_se la Ley Nº 18.892, General de Pesca y Acuicultura, de la siguiente forma: 1) enter the following no. 51) to article 2:" 51) genetically modified organism (GMO): organism whose genetic material has been altered in a way that does not occur naturally by mating and/or natural recombination. "."

(2) Insert the following third subparagraph in article 12, passing fourth and third subparagraphs to be fourth and fifth, respectively: "for the import of genetically modified organisms, the Secretary can only authorize it, upon completion of a health study, which includes the environmental impact effects.".

(3) add the following final paragraph to article 13: "By Supreme Decree issued through the Ministry shall be determined the procedure and the other conditions which must be met for the import of genetically modified organisms, which will be included in the list referred to in the previous paragraph.".

(4) added as article 87 bis, the following: 'article 87 bis.-by Supreme Decree issued through the Ministry, shall be determined measures of protection and control under which authorized the introduction, research, cultivation and marketing of genetically modified organisms in order to prevent its spread to the natural environment.
The regulation, also will determine the registry in which persons performing the activities previously identified with genetically modified organisms and the accreditation system of origin thereof or its products and cash guarantees that are required to ensure potential environmental damage should register. "."

(5) added as article 118 bis, the following: "article 118 bis.-the holder of the authorisation given by the Secretariat to carry out activities of introduction, research, cultivation or marketing of genetically modified organisms, which does not take the protection and control measures established in accordance with article 87 bis, shall be punished by a fine of 50 to 1,000 UTM.
In those cases in which the conduct described in the preceding paragraph causes damage to the aquatic environment or other living aquatic species or in case of recidivism, the judge may apply the sanctions laid down above, multiplied by three or four. "."

(6) added as article 136 bis, the following: "article 136 bis.-which carried out activities of introduction, research, cultivation or marketing with genetically modified organisms without the authorization referred to in article 87 bis, shall be punished by a fine of 100 to 3,000 UTM and with less in their minimum prison sentence. In the same way will be punished one who imported these bodies without the authorization referred to in article 12, third paragraph.
He who with malice or negligence introdujere or mandare introduce organisms genetically modified to the sea, rivers, lakes or any other body of water, without having the authorization referred to in article 87 bis, it will be punished with a fine of 500 to 5,000 UTM and lower in your middle grade presidio.
In those cases in which the conduct described in the preceding paragraph causes damage to the aquatic environment or other living aquatic species in the event of recidivism, increased to a degree worth shall apply. "."

(7) add the following second paragraph to article 137, passing items second, third, and fourth, to be third, fourth and fifth, respectively: "If the internment refers to genetically modified organisms, the penalty is fine of 100 to 3,000 UTM, closure of the establishment, temporarily or permanently, and penalty of imprisonment less in its minimum to medium.". "."