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REGULATES THE OWNERSHIP OF VESSELS INTENDED FOR ARTISANAL FISHING

Original Language Title: REGULA LA PROPIEDAD DE LAS EMBARCACIONES DESTINADAS A LA PESCA ARTESANAL

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REGULATES THE OWNERSHIP OF VESSELS FOR ARTISANAL FISHING Having regard to the fact that the National Congress has given its approval to the following Bill: " Single article.-Amend the General Law on Fisheries and Aquaculture, the text of which recast, coordinated and systematized is contained in the supreme decree No. 430, 1992, of the Ministry of Economy, Development and Reconstruction, in the following sense: 1.-Article 2, number 29: a) Substitute, in the definition of Craft shipowner, the words "to whose name they are exploited" by "owner". (b) Remove the sentence "It is presumed to be the owner of all craft craft registered in the records by the maritime authority." 2.-In Article 52: (a) Substitute, in the first subparagraph of point (a), the words " the possession "by" the domain ". (b) delete the second subparagraph of point (a). (c) Reposition, in point (c), the phrase "its owner or owner, or its owner, as appropriate" by the words "the shipowner". Transitional article.-Those craft shipowners who, by the date of publication of this law, do not own the craft or the vessels registered in the Artisan Register, shall have a period of four years to prove their domain on them to the National Fisheries Service or to replace them with other vessels of their property. If the previous requirement is not met, the registration or registration in the Artisan Register will be without effect. During the period laid down in the first subparagraph of this Article, craft shipowners who do not own the craft or vessels registered in their name in the Craft Register shall be subject to the following limitations: 1) The shipowner which has only one registered vessel, may not register a second vessel, even if it owns the vessel, and (2) The shipowner may only replace the registered vessel or vessels, by vessels of his property. Notwithstanding the provisions of Law No 19,922, in the period of one hundred and twenty days, counted from the entry into force of this law, artisanal fishermen who meet the following requirements may be replaced by a fishing vessel owner (a) the replacement is registered in the Craft Register in a category other than that of the shipowner, as at 31 December 2001. If the replacement is a legal person, the partners of the replacement must prove that they are satisfied. (b) the replacement is the owner of a craft vessel, as at 31 December 2001, in accordance with the registration number granted by the Maritime Authority. c) that the replacement accredit habituality. It is understood that the operation of the craft vessel of which it owns is equal to or greater than one third of the average of the fishing trips of the ships registered in the same fishery in the corresponding Region, in the year 2003. The habituality shall be credited by the landing forms duly received by the National Fisheries Service, in accordance with the common provisions contained in Title V of the General Law on Fisheries and Aquaculture. (d) that the craft vessel from which the replacement is owner, has registration in force in the Artisan Register at the date of entry into force of this law. However, the owners of craft boats that according to this law can be replaced by an artisan registration, will only be able to acquire the artisanal registration of the artisanal fisherman with which the boat is operating. to the date of entry into force of this law. In addition, the holder of the craft registration may only acquire the vessel with which he is developing the registered fishing activity. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 30 November 2004.-RICARDO LAGOS ESCOBAR, President of the Republic.-Jorge Rodriguez Grossi, Minister of Economy, Development and Reconstruction. What I transcribe to Ud., for your knowledge.-Salutes intently to Ud., Felipe Sandoval Precht, Assistant Secretary of Fisheries.