Modifies The Law-General Of Fisheries And Aquaculture, Establishing The Obligation To Install An Automatic Support Satellite Geographic Positioning System On Ships That Indicates

Original Language Title: MODIFICA LA LEY GENERAL DE PESCA Y ACUICULTURA, ESTABLECIENDO LA OBLIGACION DE INSTALAR UN SISTEMA DE POSICIONAMIENTO GEOGRAFICO AUTOMATICO CON APOYO SATELITAL EN NAVES QUE INDICA

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"Article 1.-Agreganse the following items to the law No. 18.892 of 1989, and its amendments, General Law of fisheries and aquaculture, whose revised, coordinated and streamlined text was set by Supreme Decree No. 430, 1991, the Ministry of economy, development and reconstruction:" article 64 a.-There will be a system of automatic positioning of fishing vessels and fishery research in the sea which shall be governed by the rules of the present law and its complementary regulations. ""
Article 64 B.-owners of ships major or minor not craft registered in Chile that develop fisheries in the waters of national jurisdiction on aquatic resources declared in regime of fishery for full exploitation, development or recovery, must be installed on board and keep running a sea automatic positioning device.
The same obligation shall comply with owners of ships registered in Chile that operate not territorial waters; owners of ships which, being or not being registered in Chile, carried out fishing research inside or outside territorial waters; and the owners of vessels factories operating in territorial waters or on the high seas. Furthermore, this obligation shall apply to owners of fishing ships or ships factories of foreign flag that are allowed to anchor in the ports of the Republic.
The system must ensure, at the very least, the automatic transmission of the updated location of the ship. Positioning device shall always keep in operation on board the ship, from the departure to landfall at port enabled.
Form, requirements and conditions of application of the requirements established in this article shall be determined in the rules of procedure, after consulting the National Council of fisheries.
A geographical automatic positioner in cases in which the competent judge how recidivist punish any more fishing ship to act illegally in an area reserved for artisanal fishermen or fall in offences which designated title IX of this law should also be installed.
The installation and maintenance of the device positioning and automatic transmission, as well as the transmission of the signal to the satellite and down to the first receiving station, will be in charge of the shipowner. Transmission from the station to the control stations will be in charge of the State.
Article 64 C.-corresponds to the General Directorate of the maritime territory and Merchant Navy administration of the system referred to in articles 64 A and 64 B.
The Servicio Nacional de Pesca will be simultaneous receiver of the information that the program record.
The regulations shall determine the form and modes of operating the system between the General Directorate of the maritime territory and merchant marine, and the national fisheries service, in order to ensure adequate compliance with of the monitoring, control and surveillance of fishing activities.
Both institutions may sign additional protocols on everything that is not designated in the regulation.
The Sub-Secretary of fishing may require the processed information that supplies the system for purposes of administration and management of hydro-biological resources.
Article 64 D-information obtained through the system shall be reserved character. Their destruction, theft or disclosure will be sanctioned with penalties indicated in articles 242 or 247 of the criminal code, as appropriate.
Information received by the system, certified by the General Directorate of the maritime territory or by the national fisheries service, where appropriate, will have the character of a public instrument and shall constitute full proof to prove the operation on a ship in a given area fishing. (The operation of a ship with capture results without maintaining operating system will constitute an established presumption of offences set out in the letters c) and e) article 110 of this law and, where appropriate, to impute the captured his individual quota or the corresponding area, as the case may be.
On-board automatic positioning system fails, will immediately inform the maritime authority of that fact. If the fault is not evidenced on board, maritime authority shall inform the ship over the fact as soon as it is detected by its own station monitor.
Not to produce the regularization of the system within six hours of their detection ship must suspend their operations and return to port enabled. Notwithstanding this and while failure is not repaired, the affected ship must report its position every two hours, together with the total catch obtained when detect the fault and its update whenever it must inform its position.
The performance of the actions listed in the preceding paragraph shall be held circumstance of liability for the infringement established in the letter h) article 110. "."