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 form as indicated below: to) replace the number 10) by the following: "10) authorization of aquaculture: is the administrative act by which the Undersecretary gives a person the rights of use and enjoyment" " for aquaculture purposes, for an indefinite time, courses and water bodies that are national property set as appropriate for aquaculture and whose control, inspection and supervision does not correspond to the Ministry of national defense, Secretary of Navy. "."

(((b) Incorporanse the following 49 numbers) and 50): "49) nursery or warehouse: establishment which aims at the maintenance of temporary resources from biological farms of extractive activities authorized for subsequent marketing or transformation."

(50) Center of slaughter: settlement which aims to slaughter, bleeding and eventually gutted of hydrobiological, for its later transformation resources. Also by killing Center, means the pontoons to the objects indicated above, only with regard to cultivation from hydrobiological resources, leaving others subject to the provisions of article 162 of this Act. "."

((c) delete the second paragraph of the number 13).

(2) Intercalanse in the paragraph third from article 67, between the expressions "inheritance." and "However", as follows: "Likewise excepted from this requirement crops that occur on private land, which supply of terrestrial or marine waters in accordance with the relevant regulations, without prejudice to the restrictions of minimum distance established under regulation.".

(3) delete the first part of article 68 to the followed period (.).

((4) amended article 69 in the form indicated: to) Insert the following second paragraph: "concessions and authorizations for aquaculture will be transferable and generally susceptible to legal business, in accordance with the provisions of articles 80 bis and 80 ter and will grant their holders rights that these provisions establish.".

(b) Reemplazanse third and fourth subparagraphs by the following sub-paragraphs: "any decision that granted a concession or authorization of aquaculture or modify it in any way, shall be entered in the national register of aquaculture that will take the service from the date of publication of the respective extract or from the date of its enactment, as appropriate. She must be point registering of the regime which has been under the concession or authorization of respective aquaculture, in accordance with the provisions of articles 80 bis and ter 80. The regulation shall determine procedures which normarán the registration and operation of the registry.

In the event that for the exercise of the activity only required registration in accordance with article 67, the interested party of the Centre of culture shall require registration to the service in accordance with the respective regulations.

Registration in the register is an enabling solemnity for the exercise of the activity of aquaculture. "."

(c) add the following final paragraph: "It prohibits the transfer of requests for concessions and authorizations for aquaculture and the celebration of any act or contract preparation for transfers, leases or other form of exploitation by third parties, prior to the granting of the concession or authorization of aquaculture, as appropriate.".

(5) enter the following article 69 bis: "article 69 bis." The holder of a concession or authorization for aquaculture should start its operations within a period of one year following the material delivery of the same.

For the purposes set forth in this article, means that there is a operation when the activity of the Center is equal or superior to the minimum levels of operation by species and area to be established by regulation.

Also the holder of a concession or authorization for aquaculture may paralyze operations for two consecutive years, and may request the extension of the period equivalent to twice the time of operation that has preceded to the suspension, with a maximum of four years. For such purposes shall be considered included in the operation period between harvest and planting next, which will be fixed by regulation, and may not be less than six months.

The time of suspension of the operation of a concession or authorization may not be attributed to the minimum term of operation established in article 80 bis. "."

(6) Agreganse the following second and third subparagraphs in article 77: "in the event that the holder of the application uses that its concession or authorization is subject to the regime established in article 80 bis, you must attach to your application a proof of deposit made before the General Treasury of the Republic, by an amount equivalent to 42 monthly tax units per hectare or fraction of a hectare of the request , with a maximum of 210 monthly tax units. If not accompanied indicated proof service not host process the request.

In the event that the request relates to the extension of area of a concession or authorization for aquaculture granted and subjected to the regime laid down in article 80 bis, the consignment shall exclusively consider the surface of the requested extension. In the case of requesting a reduction of area, the entry will not be required. "."

(7) add the following final subparagraph in article 78: "with the merit of the negative decision and exhausted the administrative and judicial appeals or expiry of the period for your lodging, the General Treasury of the Republic returned to the holder 90% of the amount entered by the applicant in accordance with the provisions of article 80 bis, as appropriate.".

((8) amend article 80 in the form indicated below: to) merge the following final sentence in the second paragraph: "the resolution granting the concession or authorization of aquaculture must indicate the regime which is subject, in accordance with articles 80 bis and 80 ter.".

(b) Agreganse the following final clauses: "the applicant must be an extract from the decision published in the official journal within a period of 45 days from its notification. Also, the holder should apply for material delivery to the maritime authority in the period of three months from the date of publication of the resolution that granted the concession or authorization, previously evidencing payment of the patent referred to in article 84.

In the event that does not comply with any of the obligations set forth in the preceding paragraph, the respective resolution shall be without effect. However, the holder of the concession or authorization, as appropriate, may be established, pending the original term, which failed by unforeseen circumstances or force majeure. In this case the owner will have a further period not exceeding three months counted from the date of notification of the decision that welcomed such unforeseen circumstances or force majeure, to make the publication or request delivery, as appropriate. "."

(9) add the following article 80 bis: "article 80 bis." The holder of a concession or authorization of aquaculture which has chosen to submit to the regime laid down in this article in accordance with the second paragraph of article 77, shall have the following rights: to) transfer or hold other legal business that aims the concession or authorization of aquaculture. Transfer concessions and authorizations will require prior authorization granted by the Secretary of Navy or fishing, as appropriate. Lease concessions shall be subject to the same procedure.

(b) request the refund of half of the amount that has been allocated in accordance with provisions of subparagraphs second and third article 77.

(c) obtaining the extension of the period laid down in article 69 bis to initiate activities, for the maximum period of additional four years. In certain cases, a new extension may be granted for a period of one year.

To exercise the rights outlined in the letters a) and b) record, the holder should prove to have operated the concession or authorization for three consecutive years complying with minimum standards of operation laid down in the regulation or certify the quality of usual farmer. To exercise the right set out in c) holder must provide proof of the quality of usual farmer.

To exercise the rights set out above with respect to the first concession or authorization under the regime of this article, means usual farmer the holder of two or more concessions or authorizations of aquaculture that have operated for a minimum of three consecutive years each. For the exercise of these rights in respect of new concessions or authorizations, the usual farmer must provide proof of having operated three years in a row a concession or authorization of his ownership, excluding operation that has allowed the exercise of such rights prior to these effects.
It will be considered within the years of operation referred to in the preceding subparagraphs, the time which has elapsed between a harvest and the next planting, in accordance with the provisions of article 69 bis.

They shall be subject to the regime laid down in this article, unless they require to perform the allocation referred to in subparagraphs second and third article 77, concessions and authorizations for aquaculture granted for the development of the cultivation of algae, whose total length is equal to or less than half a hectare and whose owner is a natural person who does not possess more concession or authorization than that which allows you to benefit from this exception. "."

(10) add the following article 80 ter "section 80 ter." En_el_caso_que the holder of the concession or authorization of aquaculture has not exercised the option referred to in the second paragraph of article 77, may only transfer or lease the concession or authorization of aquaculture, prior authorisation granted by the Secretary of Navy or fishing, as appropriate, when the following conditions fulfilled: to) that six years have elapsed since their material delivery such as minimum), and (b) that the concessions or authorizations have been operated by the owner directly and in self-interest for three consecutive years, complying with minimum standards of operation laid down in the regulation. Shall be considered within the years of operation, the time which has elapsed between a harvest and the next planting, in accordance with the provisions of article 69 bis.

While not met conditions set forth in the letters a) and b) precedents, it is prohibited to the holder of the concession or authorization of aquaculture celebrate any legal transaction which has the direct or indirect object the concession or authorization or using on behalf of third parties, through leases or any other act or contract that is intended give directly or indirectly holding use, benefit or the same domain, whether for payment or free.

The celebration of any act or contract in contravention of this provision shall be punished in the manner provided for in the second paragraph of article 118 and the letter g) of article 142 of this law. "."

((11) amended article 84 in the form as indicated below: to) replace the subparagraph first with the following: "holders of concessions and authorizations for aquaculture will annually pay a patent only aquaculture, corresponding to two monthly tax units per hectare. The above patent in the corresponding proportions will be paid by concessions and authorizations of less than one hectare surface aquaculture. "."

(b) disposed of in the fourth subparagraph, prayer "and those granted over bodies of water located on private property, in accordance with the provisions of the water code.".

(c) insert in the sixth paragraph, then of the word "Awards"the phrase", whatever the type of crop".

(d) add the following final paragraph: "(Se exceptúa asimismo deel pago de la patente a los titulares de concesiones o autorizaciones de acuicultura afectados por catástrofes naturales a que se refiere el artículo 142 letra e), for the term that lasts this event.".

(12) Agreganse the following items 90 bis and 90 ter: "rule 90 bis." Nurseries and centres of killing on national assets for public use will require an authorization of the Undersecretary for operation, prior accreditation of compliance with sanitary requirements and environmental protection are provided for in regulations made in accordance with the procedure laid down in the articles 86 and 87 of this law. They must comply, in addition, during its operation, regardless of ownership of the goods where they are, the obligations and prohibitions in the regulations designated.

The requirements and the procedure for granting the authorization referred to in the preceding paragraph shall be established in the regulation.

Permits or concessions on national assets for public use which are required for the exercise of these activities shall be governed by the provisions on maritime concessions.

Article 90 ter. The resolutions that authorize the operation of nurseries and centres of killing on national assets for public use or to modify them in any form will be registered by the service in the registry. Centers of massacre on private land holders must register them in accordance with the provisions of the regulation, prior accreditation of compliance with sanitary requirements and environmental protection indicated in the previous article. For the purposes of this law, it will always be responsible for the compliance with regulations, the holder of the corresponding registration.

Holders of nurseries and killing centres will inform regarding supply, stocks and harvests of the species, as appropriate, in accordance with the regulations.

Service removed from registration the registration of farms, farms which courses or bodies of water are born, they are used and die in the same inheritance and centers of massacre on private land, not reporting operation for a period of four years in the abovementioned conditions in regulation, and may be extended for one year in the event of unforeseen circumstances or force majeure.

In addition, the authorization for the operation of nurseries and centres of killing on national assets for public use in cases in which owners have not reported the operation for a period of four years will be left without effect. "."

(13) add the following final subparagraph in article 113: "the natural or legal persons that aquaculture activities and provide false information about the operation of farms that are holders to any title, they will be punished with fines of 50 to 300 monthly tax units. In the event of recidivism, the penalty will be doubled. "."

(14) replaced subsection first article 118, with the following sub-paragraphs: "whether he pursues aquaculture activities to any title or another of the activities subject to the rules established in accordance with the articles 86 and 87 and does not take protection measures arranged in them, it will be punished with a fine of 50 to 3,000 monthly tax units. If the infringement relates to breach of protection measures in articles 88 or 90, the penalty will be a fine of 3 to 300 monthly tax units.

The holder of a concession or authorization of aquaculture that violated the prohibition provided for in the second paragraph of article 80 ter shall be punished by a fine of 100 to 3,000 monthly tax units. The same penalty shall apply to who celebrate any legal business prohibited in accordance with article 80 ter with the holder of the concession or authorization of aquaculture. "."

15) amending article 142 in the following way: to) replace the letter c) by the following: "c) incurred, within the period of two years counted from the date of Commission of the first offense, in three sanctioned violations in accordance with subsection first article 118.".

((b) replace the letter e) with the following: "e) do not initiate operations in the Centre of culture within a period of one year from the material delivery of the concession or authorization, subject to the extension of period granted in accordance with the provisions of article 80 bis; or freeze activities for more than two consecutive years, subject to the extension of time granted in accordance with the provisions of article 69 bis.

For these purposes, means that there is a operation when the activity of the Center is equal or superior to the minimum levels of operation by species and area to be established by regulation. In any case the regulation may establish as annual minimum operation more than 50% of the maximum operating scheduled each year for the resolution of environmental qualification farming Center.

In the case of accredited force majeure or unforeseen circumstances, the Secretary of Navy or fishing, as appropriate, may authorize an extension of time, only once for up to one year.

Without prejudice to the provisions of the preceding paragraphs, in the case of natural disasters that affect a certain area, declared by the competent authority and which impede the realization of farming activities on one or more species, the Undersecretary of Navy or fishing, as appropriate, they will be awarded nursing an extension to start or resume the activities in the affected centers of culture. In these cases the holders of concessions or respective authorizations will be exempt from payment of the patent of aquaculture during the period of extension decreed.

The holder of the concession or authorization of aquaculture can only certify the installation of structures and activities outlined in the previous paragraphs through the forms delivered promptly in accordance with article 63. "."

(((c) Agreganse the following letters g) and h): "g) have been sanctioned for violating the prohibition referred to in the second subparagraph of article 80 ter."

(h) have been punished three times, within a period of two years counted from the date of the Commission of the first offense, by the delivery of false information, in accordance with the final subparagraph of article 113 of this law. "."