Extending The Validity Of The Law Nº 19.713, Establishes A New Level Of Industrial Fishing Patent And Introduces Modifications To The Law General Of Fishing

Original Language Title: PRORROGA LA VIGENCIA DE LA LEY Nº 19.713, ESTABLECE UN NUEVO NIVEL DE PATENTE PESQUERA INDUSTRIAL E INTRODUCE MODIFICACIONES A LA LEY GENERAL DE PESCA

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en la ley Nº 19.713: 1) Insert the following article 4 bis:"article 4 bis.-industrial vessels which, at the date of publication of the present law, have current authorization to operate in the internal waters according to the provisions of transitional article 11 of the General Law of fisheries and aquaculture " , shall be authorized by the single operation of law, to operate in the maritime area outside waters south of 47 ° parallel of South latitude, for species that have existing inland fishing authorization, and they are declared in regime of full exploitation, to the date of publication of this law.

Authorizations to operate in inland waters will remain without effect only Ministry of the law, then she has been given the judgment which authorized the ship to develop extractive fishing in foreign waters.

Owners of factory ships covered by this provision, will be subject to the regulation of transitional article 12 of the General Law of fisheries and aquaculture.

For ships authorized by virtue of this law, it shall establish within the global annual catch quota of the fishery units declared in regime of full exploitation, an aliquot portion equivalent to the result of dividing the catch in inland waters of all ships authorised at the date of publication of the Act of the period corresponding to the years 1999 and 2000 by the sum of the catches of the same period of all ships authorised unit fishery declared in regime of full exploitation corresponding and the total catches in inland waters with respect to the same species.

Applies to vessels authorised under the present law, measurement of management called capture maximum limit by shipowner, in all fishery units subjected to such a measure of administration.

For the purposes of the application of this measure of administration, it will be in all provisions in the regulation of the measurement of management's maximum limit of capture in the General Law of fisheries and aquaculture and the transitional provisions of this law, as appropriate. Notwithstanding the foregoing, the maximum limit of capture by owner shall be determined whereas catches in inland waters, and will be referred to the rate of the global annual catch quota that is set for the drive fishery referred to in the fourth subparagraph of this article. "."

(2) Insert, then of article 6, the following article 6 bis: "article 6 bis.-from the year 2003, the resolution of information established in subparagraph first of the preceding article, shall correspond to resolutions issued and applied for the determination of maximum capture limits in 2002.

However, in order to determine the holders of fishing authorisations in force, the Undersecretary shall be given a resolution, one month before the list of holders of authorisations for fishing with their respective ships.

Owners may claim the resolution referred to in the preceding paragraph, as the procedure referred to in article 6, within five days, and must the Minister resolve them within ten days. "."

((3) amended article 9 of the following way: to) added, in the first subparagraph, the following sentence final, substituting the end point by a comma (,): "unless these ships replaced one or more other ships in accordance with the respective rules.".

(b) delete, in the third subparagraph, the expression ", and will expire by the only Ministry of the law at the end of five years counted from the date of entry into force of this law".

(c) add the following final paragraph: "for purposes of the provisions of article 43 bis General fishing law and aquaculture, patent corresponding pay to ship excluded according to articles 43 and 43 bis of the same legal body, will be divided proportionally between the certificates extended pursuant to this article that registered record of capture and capacity of winery corrected for each authorized fisheries units and" subject to maximum limit of capture management measure. "."

(4) add the following second paragraph to article 18: "also, during the term of this law, the Sub-Secretary of fishing may authorize the industrial operation within the strip of craft reserve corresponding to the coast of the I, II, III and IV regions, Spanish sardine (Sardinops sagax), anchovy (Engraulis ringens) and horse mackerel (Trachurus murphy), only with respect to the areas authorized 30 November of the year 2002.".

(5) replace, in article 23, the "2002" figure by "2012".

(6) add a new article 24: horse mackerel (Trachurus murphy) in the maritime area between the northern boundary of the Region I to the southern limit of the X Region " 5% for the artisanal fisheries sector and 95% for the industrial fishing sector.

However the development of artisanal fishing mackerel activity exercised only with hand line on Board of vessels without cover up to 12 metres in length shall be exempt from the global catch quota.

b) common hake (Merluccius gayi) in the maritime area between the northern boundary of the Region IV to the parallel 41 ° 28.6 ' South latitude, 35% for the artisanal fisheries sector and 65% for the industrial fishing sector.

(c) the southern hake (Merluccius australis) in the maritime area between the northern limit of the X Region to the southern boundary of the Region XII for the artisanal fishing sector and between the 41st, 28.6 ' latitude South to 57 ° latitude South to the industrial fishing sector, 50% for the artisanal fishing sector and 50% for the industrial fishing sector.

(d) Spanish sardine (Sardinops sagax) and anchovy (Engraulis ringens), in the maritime area between the northern boundary of the Region I and the South of the Region II: the sum of both global fees: up to 500,000 tons, 14% for the artisanal fishing sector and 86% for the industrial fishing sector. Between 500,000 and 1,000,000 tons to the amount that corresponds to the handicraft sector in the previous section will add 10% of the difference between the overall share of capture to split and 500,000 tons and the remaining will be for the industrial fishing sector. Between 1,000,000 to 1,500,000 tons the amount that corresponds to the handicraft sector in the previous section will be added you 6% of the difference between the overall share of capture to split and 1,000,000 tons and the remaining will be for the industrial fishing sector. Over 1,500,000 10% of the global catch quota for the artisanal fisheries sector and 90% for the industrial fishing sector.

The Sub-Secretary of fishing will propose to the National Council of fisheries the proportion which corresponds to each sector in each one of these resources.

(e) nylon shrimp (Heterocarpus reedi), in the maritime area between the northern boundary of the Region II and the boundary South of the VIII Region: up to 600 tonnes the total global share will be for the artisanal fishing sector. Between 600 and 4,000 tons to the amount that corresponds to the handicraft sector in the previous section will add a 5.88% of the difference between the overall share of capture to split and 600 tons and the remaining will be for the industrial fishing sector. Over 4,000 tonnes of the global quota 20% will be for the artisanal fisheries sector and 80% for the industrial fishing sector.

The fraction of artesanal 75% will be distributed in the regions that comprise the unit of fishery whereas catches landed during the two years preceding the year of application of the distribution.

(f) prawn Colorado (Pleuroncodes monodon), in the maritime area between the northern boundary of the Region I and the boundary South of the Region IV: up to 700 tonnes the total global share will be for the artisanal fishing sector. Between 701 and 2,100 tons, the artisanal fisheries sector will retain a fraction of 700 tons, being the excess for the industrial fishing sector. About 2,100 tons, 30% of the overall quota will be for the artisanal fisheries sector and 70% for the industrial fishing sector.

The fraction of artesanal 75% will be distributed in the regions that comprise the unit of fishery whereas catches landed during the two years preceding the year of application of the distribution.

(g) yellow shrimp (Cervimunida johni), in the maritime area between the boundary and the northern boundary of the Region III South Region IV: up to 350 tonnes the total global share will be for the artisanal fishing sector. 350-1,350 tons to the amount that corresponds to the handicraft sector in the previous section will add 10% of the difference between the overall share of capture to split and 350 tons and the remaining will be for the industrial fishing sector. Over 1,350 tons of global share 33% will be for the artisanal fisheries sector and 67% for the industrial fishing sector.

The fraction of artesanal 75% will be distributed in the regions that comprise the unit of fishery whereas catches landed during the two years preceding the year of application of the distribution.
The percentage of the artisanal fraction that costs extra with this article, preferably distributed in that Region in which register higher landings by the industrial sector. "."