Article 1.-Introducense the following amendments to the law No. 18.892, General Fisheries and aquaculture: 1.-removed, in the first paragraph of its article 1, the comma (,), written between the words "Republic" and "and".
2 insert in item 1 ° paragraph first the phrase: "the preservation of the hydrobiological resources, and" after the word "subject" and before the word "all".
3 delete the final sentence of the second paragraph of its article 1, that says: "only when a legal rule thus expressed set it", and the comma (,) that precedes it.
4.-Reemplazanse letters to) u) which lead the definitions contained in article 2, the sequential number "1") to "23)".
4 bis.-in the letter l), which happens to be 12) item 2 °, replace the term "understood from" by the phrase "that starts from of".
5.-replaced the letter c) happens to be 3) of article 2, by the following: "3) aquaculture: activity which aims the production organized by man hydro-biological resources."
Open culture: aquaculture activity in which the production of hydro-biological resources is taking advantage of the life cycle of a species, including anadromous and catadromous, that allows one or more phases of cultivation is carried out in non-confined areas.
Anadromous species means those species living aquatic whose life cycle starts in terrestrial waters later migrate to the sea, place where it grows and develop until they reach sexual maturity, stage in which return to their origin courses completing his cycle with the reproductive process, and in some cases after this occurred, die.
Catadromous species shall mean those species living aquatic whose life cycle begins in the sea, place where migrate to courses of fresh water, where they grow and develop until you return to the waters of origin when they have reached sexual maturity, where complete the reproductive process. "."
6.-replace the letter f.), which happens to be 6) article 2, by the following: "6) fishing Area: geographical species defined as such by the authority for the purposes of exercising in extractive fishing activities of a certain hydrobiological species.".
6 bis.-delete the definition of "Reference base fee" contained in the letter i), that happens to be 9) item 2 °.
7.-Insert, in the letter j), which happens to be 10), its article 2, between the words "meters" and "identified", the following phrase: "and up to 50 tons of thick Registry", removing the comma (,) written between these words.
8.-delete in paragraph 1 ° letter k), which happens to be 11), of article 2, the word "hydrobiological" written after the word "organism"; and delete the second paragraph of the letter k).
9.-replaced the letter m), which happens to be 14), of article 2, by the following: "14) fishing: extractive fishing activity performed by natural persons in a personal, direct and habitual work as fishermen." For the purposes of this Act, be differentiated between shipowner craft, mariscador, Alghero and fishworkers properly such. These categories of Fishworkers shall not be mutually exclusive from one another, and can therefore be qualified a person and act simultaneously or in succession into two or more of them, provided that all exercise in the same Region, with alone exceptions that includes title IV of this law.
It also considered fishing, extractive fishing making legal persons, provided that these are composed exclusively by natural persons registered as fishermen in the terms established in this law.
Fishworkers themselves such: is one who serves as helmsman or crew of a crafted what ever its remuneration regime.
Craft owner: is the artisanal fisherman named exploited up to two artisanal vessels, which together may not exceed 50 tonnes of thick Registry. It is presumed that he is the owner of any craft boat registered in the records held by the maritime authority. If the owners of a crafted are two or more persons, means that all of them are their owners craft, always there is joint and several liability between all of them for all purposes by the payment of penalties arising from the fines imposed in accordance with this law.
Flamingos: it is the artisanal fisherman carrying mining of molluscs, crustaceans, echinoderms, and seafood in general, with or without the use of a crafted.
Alghero: is the craft carrying out collection and mowed fisherman of algae, with or without the use of a crafted. "."
10.-replaced the letter q), who happens to be 19), article 2, by the following: "19) industrial fishing national registry: list of persons performing industrial fishing that will take the national fisheries service, for the purposes of this Act.".
11.-replaced the letter r), which happens to be 20), article 2, by the following: "20) national register of fishermen or artisan registration: Payroll fishermen and boats enabled to carry out activities of artisanal fisheries that will take the service by regions, provinces, communes and localities, and by category of fishermen and fisheries, for the purposes of this Act.".
12.-replace the letter s), who happens to be 21), article 2, by the following: "21) fishery unit: industrial fishing activities carried out with respect to a species specific hydrobiological, in a specific geographic area.".
13.-replaced the letter t), which becomes 22), of article 2, by the following: "22) value of sanction: amount in money expressed in monthly tax units and tons of physical weight of the species hydrobiological concerned, in their natural state, which will serve as a unit of account for the application of the sanctions established by this law." The value of penalty for species shall be set annually by Supreme Decree of the Ministry, previous technical reports of the Sub-Secretary of fishing and of the National Council of fisheries. "."
14.-replace the letter u), which happens to be 23), article 2, by the following: "23)"Ministry": the Ministry of economy, development and reconstruction;" Minister": the owner of the Ministry; "Secretariat": that of fishing;
"Undersecretary": that of fishing; "Service": national fishing service. "."
15 Agreganse the following new numbers to article 2: "24) authorisation to fish: is the administrative act by which the Undersecretary empowers a person, natural or juridical, indefinitely, for extractive fishing activities with a particular ship, conditioned to the fulfilment of the obligations that are established in the respective resolution."
(25) granting of aquaculture: is the administrative act by which the Ministry of national defence grant a person the rights of use and enjoyment, indefinitely on certain national property, to such carried out aquaculture activities in them.
Rights of the concessionaire shall be transferable and generally susceptible of legal business. If it means an assignment, transfer or lease of the concession, it must be approved by the awarding authority.
(26) authorization of aquaculture: is the administrative act by which the Undersecretary empowers a person to carry out aquaculture activities indefinitely, in those areas that correspond to the sphere of competence of the General direction of water. These authorizations give owners the right to use of waters granted.
Rights of the farmer shall not be transferable and generally capable of legal business. If this means a change in the ownership of the authorization, it must be approved by the authority that granted it. This kind of authorization will only be affected to pay annual patent in the case of parts in bodies of water.
(27) afforestation: it is the action that aims to increase the size or geographical distribution of the population of a species hydrobiological, by artificial means.
(28) research fishing: extractive fishing activity which aims at the realization of the following types of non-commercial fishing:-exploratory fishing: use of detection equipment and crafts or fishing to determine the existence of stocks present in an area and to obtain qualitative or quantitative estimates.
-Fishing survey: use of detection equipment and crafts or fishing gear, especially designed to capture certain types of species, in order to determine its amount and its spatial distribution in a given area.
-Experimental fishing: use arts or rigging and fishing systems to determine these properties and their effects on the species or species objectives capture, as well as where appropriate, evaluate the impact on other associated species and the same habitat.
(29) boat factory or factory: is the ship which carried out fishing and makes the Board processes of transformation to catches, including the freezing of the same. Not be considered transformation processes mere evisceration, as the use of techniques of preservation for the maintenance of the catch fresh, understanding as such the use of ice or chemicals and single refrigeration.
Among the different types of ships existing factory or factory, classified according to their system or store, means boat factory or factory trawler: one who in extractive fishing operations used as fishing trawl net art; by boat factory or longline factory or longliner: one who in extractive fishing operations used as fishing tackle store the espinel or longline; and by boat factory or factory seiner: one that uses the purse seine in extractive fishing operations.
(30) State of full exploitation: it is the situation in which the fishery reaches a level of exploitation such that, with the capture of the authorized extractive units, because there is no surplus in the productive surplus of hydrobiological species.
(31) small industrial fishing outfitter: person registered in the national register fishing industry, running an extractive fishery using up to three ships, up to 22.5 meters length and up to 100 tons of thick registry each.
(32) conservation: present and future, rational, effective and efficient use of natural resources and their environment.
(33) stock: it is exploitable fraction of a population of hydrobiological resource.
(34) small pelagic species: subset of pelagic species, consisting of the genus Clupea, Sardinops, Engraulis, Trachurus and Scomber, among the most representative, which correspond to the Chilean species common sardine, sardine, anchovy, horse mackerel and mackerel, respectively.
(35) veda: administrative act established by the competent authority in which it is forbidden to capture or remove a hydrobiological resource in an area determined by a space of time.
-Biological ban: prohibition of capture or remove in order to protect the processes of reproduction and recruitment of hydrobiological species. Recruitment means the incorporation of young individuals to the stock.
-Extractive veda: prohibition of capture or removal in a specific area for conservation reasons.
-Extraordinary veda: prohibition of capture or extraction, when Oceanographic phenomena adversely affect a fishery.
(36) marine reserve: area of receipt of hydrobiological resources in order to protect breeding areas, fishing grounds and areas of repopulation by management. These areas will be under the tutelage of the service and only extractive activities for transitional periods may be they founded prior resolution of the Undersecretary.
(37) high risk diseases: means diseases of high risk, full of physical welfare State deviation of an organism, that involves a well defined set of symptoms and etiology, which leads to a serious limitation of their normal functions to high mortalities and transmissible character associated with organisms of the same or other species.
(38) national register of aquaculture: national list of holders of concessions and authorizations for aquaculture, enabled to carry out farming activities, which will take the service for the purposes of this Act.
(39) management plan: compendium of standards and set of actions that allow you to manage a fishery based on updated biopesquero aspects, economic and social knowledge that you have it.
(40) size critical: the size that maximizes yield in biomass of a cohort, given a certain survival of this. That group of individuals of a species possessing equal age cohort means.
(41) apozamiento: is the accumulation of hydrobiological resources benthic in their very midst of life, whether they are confined or free, which have been removed and transferred from the places where inhabit naturally. "."
16. replace article 3rd, by the following: ' article 3 °.-in each fishing area, regardless of the access regime to which you are subjected, the Ministry, through Supreme Decree founded, with technical report of the Secretariat and advance notice to the Zonal Council of fishing that corresponds and other reports and approvals that are required according to the provisions of this law " (for each of the cases referred to in this subsection, you can set one or more of the following prohibitions or measures of administration of hydrobiological resources: at) Veda biological species in a given area, whose duration shall be fixed in the decree establishing it, empowering the Ministry to exempt from this ban the capture of small pelagic species intended for the manufacture of products for human consumption live and bait.
Closures apply to ensuring proper concordance with the policies pursued in this regard by neighbouring countries.
(b) prohibition of temporary or permanent capture of species protected by international conventions of which Chile is party.
(c) determination of annual quotas of catch by species in a given area.
(d) Declaration of specific and delimited areas which are referred to as marine parks, designed to preserve ecological units of interest to science and precautionary areas that ensure the maintenance and diversity of species living aquatic, as also those associated to their habitat. For the statement shall be consulted to the ministries concerned. The marine parks will be under the tutelage of the service and in them may not be any kind of activity, except those who are authorised for the purpose of observation, investigation and study.
(e) establishment of percentage of landings of species as bycatch. "."
17.-Add the following article 3 a): "(article 3 ° fixing of minimum sizes of extraction by species in a given area and its margins of tolerance." In any case the minimum size shall be less than the critical size.
(b) fixing the dimensions and characteristics of the arts and fishing gear.
Prohibiting extractive fishing activities in contravention of the provisions of this article. "."
18 replaced subsection first item 4 ° by the following: "article 4-agreement extractive fishing activities with arts, fishing gear and other fishing implements, affecting the seabed, in the territorial sea within a range of one mile marina, measured from baselines from the northern limit of the Republic until the parallel 41 ° 28, 6' of South latitude;" and in interior waters, in the way that determines the regulation, with the exception of the sea a mile Strip marina measured from the lowest tide of the continental coast line and around the Islands. "."
19 insert, in the second paragraph of its article 4 °, between the words "report" and "of the", the expression "technical"; and delete in the same paragraph the final phrase that says "without that it has other effects than those relating to this article", and the comma (,) that precedes it. "."
20. replace article 5 °, with the following: "Article 5.-in the event of oceanographic phenomena, in an area or particular fishery, causing damage to one or more species, may exceptionally, by Presidential Decree founded the Ministry, technical report of the Undersecretary, set extraordinary vedas or prohibitions of capture, referring to specific areas.".
20 bis.-merge, then of article 6, the following paragraph 1 bis: "(Párrafo 1° bis De los Planes de Manejo Artículo 6° a).-for each unit of fishery declared a regime of full exploitation, recovery or incipient development, there is a management plan prepared by the Secretariat, on proposition of the Zonal Council of fisheries corresponding."
(Article 6 ° b).-each unit of fishery management plan will contain at least the following aspects: to) their description, with respect to its geographic location and species that comprise it.
(b) biologico-pesqueros history of the species that constitute it and its exploitation strategy.
(c) conservation measures and access regimes that are applicable.
(d) history of capture, production, elaborated and market products.
(e) requirements of research for purposes of conservation and management.
Article 6 ° c)-management plans will be public and your inquiry may be made at the headquarters of the zonal fishing tips. "."
21 insert in the second paragraph of its article 7, between the words "Authorities" and "country", the expression "official"; and between the words "diseases and" and "conditions", the phrase "which comply with the".
22 Suprimense, second and third paragraphs of article 7, the words "National fishing" whenever they appear; and reemplazanse, in the third paragraph, the words "concerns subsection above.", by "concerned the decrees referred to in the preceding paragraph.".
23 Eliminanse, in the heading of the first paragraph of its article 8, a comma (,) written between the words "hydrobiological" and "require" and added the word between "la" the words "of" and "authorization".
24 insert, in the second part of the second paragraph of article 8 °, a comma (,) between the word "disease" and the conjunction 'or' that follows it; Enter the expression "occurrence" then designated conjunction before the words "of weather", and insert a comma (,) between the words "time" and "up to".
25 Eliminanse, in the first paragraph of its article 9, the words "National fishing".
26 replaced article 29, which is then recorded: "article 29-reserved for artisanal fishing the exercise of fishing extractive activities in a strip of territorial waters of five nautical miles measured from the baselines normal, from the North of the Republic limit and even the parallel 41 ° 28, 6' South latitude, and around Oceanic Islands."
Book is also artisanal fishing, inland of the country.
Still, when one or more specific areas within this areas not fishing or if any, possible the development of extractive activities for industrial ships that do not interfere with the craft, may be authorised in the transient form in these areas the exercise of industrial fishing, with the restrictions established in this paragraph and articles 3 ° and 3 ° to) of this law by order of the Secretary, prior technical report duly informed of the Zonal Council of fishing that corresponds. Not be authorized to develop industrial fishing in the Strip a mile territorial sea, measured from the normal baselines or line of low tide in internal waters, as appropriate.
The access regime to the hydrobiological resources of industrial fishing, which may exceptionally be performed within the area of reserve referred to in the preceding paragraph, shall be equal to the regime to apply to industrial fish of the same species, on the adjacent area with a reserve area. If the State of the fisheries were full exploitation or they are subject to the regime of fisheries in recovery or incipient development, accessing it only those who have the appropriate permissions, which shall be extended automatically to this area by the same resolution that allows the operation of industrial fishing vessels in them, without having to change the geographical definition. In any case, in these areas fishing activities may always be made. "."
27 replaced article 30 by the following: "article 30.-on the coast of five nautical miles, referred to in the preceding article, as in ground waters and Interior, as well as general resources management faculties hydrobiological referred to in paragraph 1 ° of title II, may be established by Supreme Decree of the Ministry, previous technical assistant and the respective Zonal Fisheries Council reports" (, the following measures or prohibitions: to) extractive Vedas by species in a given area.
(b) determination of marine reserves.
(c) measures for the installation of collectors or other forms of acquisition of seeds in natural banks of hydrobiological resources, is also forbidden to perform extractive fishing activities in contravention to them.
(d) Areas of management and exploitation of benthic resources, which constituted lagalmente fishermen organizations are eligible.
These areas will be delivered by the service, upon approval by the Secretariat for project management and exploitation of the area requested, through an agreement of use, for a maximum period of two years. For these purposes, the service asked the destination corresponding to the Ministry of national defense. The expired designated above, these organizations may request the grant of corresponding aquaculture to continue activities in the aforementioned area.
Both delivered management and exploitation areas and concessions of aquaculture that are granted to the effect, shall be subject to the measures of management set forth in paragraph 1 ° of title II, hydro-biological resources as also of those which designates this article.
The regulations shall determine the conditions and details of the technical terms of reference for projects management and exploitation, the institutions that made them and the background to be provided in the application.
e) it can be applied to units of fishery of benthic resources achieving the status of fully exploited a system called the "Benthic regime of extraction and process". This regime will consist a total quota of extraction and a full process of the same resource share setting and the allocation of individual quotas of extraction and/or process.
Extraction of individual quotas shall be allocated to fishermen registered in the respective record and complying with the other requirements laid down in this Act to operate on the specific resource that concerned.
Process individual quotas shall be allocated to each processing plant with existing process and development permits to operate on the specific resource and which have operated effectively during the period of twelve months prior to the date in which the resource has reached the status of full exploitation.
The regulations under this law shall regulate these extraction and process quota allocation system.
These measures or prohibitions and those mentioned may be also established in articles 3 ° and 3 ° to) this Bill so that they governed out of the reservation of fishing areas, and extend to delimited space, in the case of highly migratory species or deep demersal covered mostly by extractive activities by artisanal fishing shipowners. "."
27 bis.-Insert the following article 30 bis: "article 30 bis.-ban the apozamiento of hydrobiological resources benthic along the coast of the country, in periods that correspond to its ban.".
28 replace first article 31, subparagraph by the following: ' article 31.-the access regime to the exploitation of hydro-biological for artisanal fisheries resources is that of freedom of fishing. " However, exercise extractive fishing activities, fishermen and their boats must previously register on the craft that will take the service. "."
29 replacing the second paragraph of its article 31, by the following: "However, in order to precautionary preservation of hydrobiological resources, when one or more species have reached a State of full exploitation, the Undersecretary, by means of resolution, prior technical report duly informed Council Zonal fishing that corresponds, may suspend temporarily by category of artisanal fisherman and fishery , the artisan registration in one or more regions. In this case, are not accepted new registrations of boats or people for that category and fishery in the respective region. Same procedure as established suspension may be left without effect. "."
30 replace the third subparagraph of article 31, by the following: "in cases in which temporarily suspended registration registration to highly migratory species or demersal in great depth, exploited mostly by fishermen outside the reserve referred to in article 29, the suspension shall be extended simultaneously to all regions of the country" being prohibited the entry of all new ship to the area belonging to industrial or artisanal, shipowners for the capture of such species living aquatic. Industrial ships authorized to operate in these fisheries will be affected to the regime of fisheries declared in State of full exploitation. "."
31 Intercalanse paragraphs as fourth and fifth in its article 31, the following new: "may extend the area of operations for local fishermen to the region their permanent home and base of operations, when these activities often fishing in the adjoining region. To set this exception, required the enactment of a resolution of the Undersecretary, previous duly founded technical reports of the zonal fishing tips that corresponds.
Same procedure indicated in the previous paragraph can be extended the area of operation of fishermen to more than one region, in the case of highly migratory species and deep demersal fisheries. "."
32 replace the final paragraph of its article 31, by the following: "the regulations shall determine the procedure of replacement of artisanal vessels, as also the replacement procedure in cases occurring vacancies in the number of registered fishermen, during the period of suspension of registration artisan registration.".
33 deleted article 32.
34 article 33 replace with the following: "(Artículo 33.-Los que deseen inscribir_se en el registro artesanal deberán cumplir los siguientes requisitos: a) be natural or juridical person constituted exclusively by individuals who have the quality of Fishworkers in accordance with this law."
(b) be Chilean or foreigner with permanent residence.
(c) have obtained the registration of Fishworkers from the corresponding maritime authority.
d) accredit service in the region by specifying province, commune and town in which registration is sought, and not be registered in other regions in the craft register. "."
35.-delete, in paragraph first letter referred to) of its article 34, the final phrase ", including the vessels".
35 bis.-replacements in article 34, point (b)), the words "the boat has" by the words "the boats have".
36. Add, at the end of the letter b) of its article 34, the following phrase: "and 50 tons of thick Registry".
36 bis.-replacements in article 34, point (c)), words that follow after "artisanal fisherman," by "and has registered to its name in the craft register more than two artisanal vessels with a gross tonnage, total and less than 50 tons of thick Registry".
(37 replaced the letter c), article 34, by the following: "c) certify that the holder or owner, or its owner, as appropriate, is registered as artisanal fisherman."
Vessels that qualify as craft, whose owners are non-profit institutions, aimed at the training of fishermen, may be authorized to enroll in the craft register, with the approval of the respective Zonal Council of fisheries, technical report of the Undersecretary. "."
38 Reemplazanse, in article 35, the words "the Secretary", "service", which appears two times, and replace the figure "30" by "60".
39. replace, in the first paragraph of article 36, the word "Under-Secretary" with "Service".
40 Suprimense the second and third subparagraphs of article 36.
41.-Suprimense in the letter to) of the first paragraph of article 37, the final sentence that begins with the expression "or more than 180 days", and insert between the words "artisan" and "leaves of", the expressions "or your boat".
(Replaced 42, in (b)) of the first subsection of the referred Article 37 the mention of the letter "c") on the other to the letter "f").
(43. delete the letter e) of the first paragraph of the aforementioned article 37.
44 the final subparagraph of article 37, replaced by the following: "the expiration will be declared by resolution of the National Director of the service. The affected may claim it before the Undersecretary. The regulations shall determine the maximum period that the claim and subsequent resolution of the Assistant may be effective.
The registration shall be without effect for death of Fishworkers. However, his succession, represented by Agent enabled, will have the right to request to the service, in the case provided for in article 31, final paragraph of title IV of this law, which reserves the vacancy, and assigned to the person who meets the requirements set out in article 33 of this law. This right may be exercised within a period of 180 days from the date of death. "."
45 deleted article 38.
46 the following paragraph added to title IV: the development of infrastructure for artisanal fisheries. "
(b) the training and technical assistance of artisanal fishermen and their organizations.
(c) the repopulation of the hydrobiological resources mostly exploited by artisanal fishers and the artificial cultivation of them.
(d) the marketing of fishery products and the administration of centres of production.
Article 38 bis a).-the Secretariat should be consulted annually in its budget, funding the promotion of artisanal fisheries enabling the fulfilment of the purposes provided for in this Act for.
Article 38 bis b).-artisanal fisheries development fund shall mainly consist of the contributions that will be consulted on the budget of the Undersecretariat of fisheries, other contributions and the collection of 50% of the coming fines for the contravention of this Act.
Article 38 bis c).-Fund of development of artisanal fisheries will be managed by the Promotion Council of the artisanal fisheries; It will be chaired by the national service Director and will work on the premises of such service.
In addition, will be composed of: a) the Executive Director of the Institute of Fomento Pesquero;
b) El Nacional Derector of port projects;
(c) a representative of the Ministry of planning and cooperation;
((d) a representative of the Undersecretariat of fisheries, and e) three representatives of fishermen among them must be represented fishermen as such, the fishermen and farmers, and seaweed fields. Each of these representatives must also come from the following macro fishing areas of the country, the I to IV Region; the v to IX Region and Oceanic Islands; and the X to XII Region.
The regulations shall determine rules of inner workings of the Council, forms of appointment of the directors referred to in the letter e), as well as also the requirements that shall meet such advisors.
Article 38 bis d).-the service will request annually to fishermen through the zonal fishing tips, and the agencies responsible for infrastructure for small-scale fishing, the suggestions that they deem relevant to the preparation of the annual programme of investment in infrastructure for small-scale fisheries. Also required tips and information regarding needs for training, technical assistance, resettlement and cultivation of hydrobiological resources marketing of fishery products, to the relevant agencies. Once completed this formality, service will the annual program available to the artisanal fisheries development Council for approval and the establishment of the corresponding annual priorities. Prioritized annual program will be sent to the national councils and zonal fishing so if they estimated it convenient, make your suggestions in a period not exceeding 20 days to the artisanal fisheries development Council.
Article 38 bis e).-Council of promotion of Artesanal fishing shall be the assignment of projects and programs containing the annual program, which must be carried out through public competition, according to the rules established in the regulations. The mechanism of allocation of projects should be considered a greater weighting to those regional institutions that participate in the contests that occur in your area.
The State of progress and the final results of each of the projects and programmes will be sent by the Development Fund of the artisanal fishing service, which, together, will give final destination to the works and projects and will be in charge of disseminating the training and technical assistance programs conducted through artisanal fishermen's organisations. It will also be joint work of both agencies, the dissemination of the programmes of resettlement and cultivation of hydrobiological resources marketing of fishery products funded through this Fund.
Article 38 bis f).-through service, national councils and zonal fishing take knowledge of the results of projects and programmes executed and carried out observations that they deem relevant. These results will be available to users through the above-mentioned advice. "."
47 Suprimense, in the first paragraph of article 39, the words "National fishing".
48 replace, in the second paragraph of the aforementioned article 39, the word "do" by "required for the".
49 the third paragraph of article 39, replaced by the following: "the reporting obligation referred to above, extends to any ship fishing, national or foreign, that unloading all or part of the product of its activity in Chilean ports.".
50 the final paragraph of article 39, replaced by the following: "Shall also inform regarding supply of hydro-biological resources and finished products derived from them, under the conditions fixed by the regulations, persons who perform activities of processing or transformation and marketing of hydrobiological resources, and which carried out aquaculture activities.".
51 delete, in article 40, first paragraph, the phrase "designed for computationally to be registered", and replace, in the second paragraph, the sentence "the regulation will address", by "this regulation will include".
52. delete article 41.
53 article 42, replaced by the following: ' article 42.-is presumed of right of the totality of the unloading of ships or fishing vessels, catch in the drive fishery, in which they are authorised to operate, according to the reports provided. "
Article 42 bis.-records covered by this law shall be public, in relation to the individualization of agents participating in the activities of fisheries and aquaculture, and authorised vessels. "."
54 insert under the heading of the 1st paragraph of title VI between the words 'Concessions' and 'From' the words "And authorizations".
55 added, in the first paragraph of article 43 after the words "one hundred tons" expression "of thick Registry", and following the separate dot (.) is eliminated, that the phrase "and its regulations.".
56 Eliminanse in the same first subparagraph of the precept indicated the words written from the expression "or which do not remain so" until "and fund them," including.
57. Insert, after the first paragraph, the current final paragraph of article 43, becoming the second paragraph, and eliminating the word "maritime" in their wording.
58 replaced the second paragraph of article 43, which happens to be fourth, with the following sub-paragraph: "will be the responsibility of the Secretariat the preparation of technical studies for the determination of areas suitable for aquaculture, with due consultation exercise to the bodies responsible for alternative uses of those lands or waters, especially considering the existence of hydrobiological resources or skills for their production and the protection of the environment. Are also considered artisan extractive fishing activities and their communities, the Flume of access and exit ports and coves, areas of funding of the national squad and naval exercises, areas of port development, aspects of tourist attractions and protected areas which are national monuments and national parks, reservations. "."
59 the current third subparagraph of the same article 43 replaced by the following: "in the areas laid down as appropriate for the exercise of aquaculture, the rivers and long not included in subparagraphs first and second, is required authorization by the Secretariat to develop aquaculture activities. Excepted from this requirement crops that grow in bodies and watercourses that are born, run and die in a same inheritance. However person performing aquaculture activities in them will be registered on the national register of aquaculture, prior to the start of their activities. "."
60 added as the fifth subparagraph of article 43, the following: from article 30 of the title IV. ".
61 be added as a sixth paragraph of article 43 the following: "the Secretariat, once prepared technical studies, to be published in the official journal and in another of the respective area, on a single occasion, certain areas as suitable for aquaculture, and any individual or institution, within 30 days of carried out the last publication, to express in writing the opinions that referred to studies and fixing of areas deserve them." In such a case, the Secretariat shall respond to applicants within 60 days. The referred technical reports must be sent to the Ministry of national defense for the enactment of the Supreme decrees referred to in the subparagraph first of this article. "."
62 insert, in the current fourth paragraph remaining as the seventh subparagraph of article 43, between the words "concessions" and "aquaculture", the expression "and permits". In addition, eliminanse, at the end of the paragraph, the word "beach".
63 added as eighth paragraph, in the same article 43 the following: "decrees handed down in accordance with the provisions of the first paragraph of this article, should be clearly delimited geographic areas established as suitable for the practice of aquaculture, specifying the perimeter of them.".
64 be replaced with article 44 the following: "(Artículo 44.-Las personas que soliciten autorización para desarrollar actividades de acuicultura en aquellas áreas a que se refiere el número 26) of article 2, must prove being owners of the corresponding rights of exploitation, either finding pending acquisition or regularization of these, in accordance with the rules of the code of waters." The General direction of waters shall prefer the person attesting the quality of farmer, in the case of opposition referred to in the third subparagraph of article 141 of the code of waters, except those relating to the obtaining of drinking water-consumptive rights. "."
65 replaced article 45 with the following: "article 45.-the concession or authorization of aquaculture are aimed at activities of cultivation in the area granted, with respect to the species or group of species living aquatic indicated in the resolution or authorization granted them, and allow their holders the development of their activities, without more limitations than those expressly set out in this Act and its regulations."
The holder of a concession or authorization for aquaculture may request its modification to include one or more different species of the granted initially. In the case of a concession of aquaculture, the Undersecretary of the Navy may authorise you by resolution, prior technical report by the Secretariat. In the case of authorizations, Undersecretary authorized him Similarly, prior technical report of the service.
The holders of aquaculture concessions, as well as persons authorized by the Secretariat in accordance with the provisions of the third subparagraph of article 43, shall sign their respective concessions and authorizations in the national register of aquaculture that will take the service, prior to the beginning of its activities. The regulation will set procedures that normarán the registration and functioning of such registration.
Registration in the register is an enabling solemnity for the exercise of the rights inherent to the concessions and authorizations for aquaculture. "."
66.-added as article 45 a), the following: "(Artículo 45 a)-prohibit the capture of species anadromous and catadromous, from open crops, in terrestrial waters, internal waters and territorial sea, in those areas in which these species initiated or culminate their migratory cycle, either as children or youth, or in its stage of maturity appropriate for commercial exploitation."
By presidential decree, prior technical report of the Secretariat, will determine the extent of areas in which the prohibition provided for in the preceding paragraph shall apply.
By the Undersecretary founded resolution, you can exempt this prohibition to companies of culture that it is verified that these species have originated.
The catch of species anadromous and catadromous in waters that are not covered by the prohibition provided for in paragraph first of this article is also, by presidential decree, previous technical reports of the Undersecretary and the Zonal Council of relevant fisheries, regulate. This Regulation shall consider, among others, the following aspects: to) systems, arts and fishing gear.
(b) Areas, catch seasons and catch quotas.
(c) participation of farmers, sports fishermen and artisanal fishermen in the fishery. "."
67 insert, in the chapeau of the subparagraph first article 46, between the words "aquaculture" and "the", the phrase "or holders"; an authorization to carry out aquaculture activities (and in the letter to) of the same subsection, delete the sentence "granted according to the regulations concerning aliens.".
68 removed, in the same article 46, its current final paragraph.
69 article 47, replace by the following: "article 47.-licensees and holders of authorizations may be in granting all those works, docks, berths, investments and facilities prior authorisation of the competent authority, where appropriate.".
70 Agreganse, in article 48, the following expressions:-in the first paragraph, between the words "dealer" e "and that" the phrase "or holder of an authorization;
-In the second paragraph, the word "dealer" and "within", the sentence "or by the holder of an authorization", and between the words "expiration" and "of", the phrase "or the term", and - in the third paragraph, between the words "dealer" and "respond", the sentence "or the holder of an authorization".
71 insert in the third paragraph of article 48, between the expressions "the Treasury" and "income", the word "patent" followed by a comma (,).
72 article 49 replaced by the following: ' article 49.-the concession or authorization of portions of water and Fund will grant alone to its owner, the privilege of exclusive use of the Fund to the area projected vertically across the surface of the portion of water granted. "
Holders of authorizations for aquaculture will have, for the purposes of constituting the necessary easements for the development of its activities, the same rights that it grants the water code, the holders of rights of use.
The maintenance of cleaning and the ecological balance of the area granted, whose alteration have as it causes the aquaculture activity will be the responsibility of the concessionaire, in accordance with the regulations issued. "."
73 article 50 replaced by the following: "article 50.-concessions or aquaculture authorisations granted in accordance with this title shall be without prejudice to the validly established rights of others, who can only make them worth against the licensee or the holder of an authorization in accordance with the General rules of law.".
74 Article 51, replaced by the following: ' article 51.-persons wishing to obtain concessions or authorizations of aquaculture of any kind in fixed areas in accordance with article 43, shall request in writing to the Secretariat, in accordance with the procedure of this paragraph and the complementary norms that set the rules. ".
75 replaced article 52, by the following:
"Article 52.-concession or authorization of aquaculture applications must be accompanied a technical project and the other background that are designated in the regulations.".
76 replaced article 53 by the following: "article 53.-the application has been received by the Secretariat, should be checked, service technical report, if she gives compliance with the provisions of articles 62 and 63 of this Act and if the area overlaps, in total or in part, to one or more concessions or authorizations of aquaculture already granted or pending applications filed before."
If the requested area has already been granted or it overlaps with another application pending, the Undersecretary shall return to the applicant background, dictating a negative decision founded for this purpose; in all other cases shall be as provided in the regulations.
Extracts of non-eligibility decisions in the official journal shall be published. "."
77 article 54, replaced by the following: ' article 54.-verified by the Secretariat the absence of overlap and the fulfilment of the requirements referred to in articles 62 and 63 of this Act, must send the background to the Ministry of national defense, Secretary of Navy, with its corresponding technical report, within a period of 30 days, to its final decision. ". 78-article 55, be replaced by the following: ' article 55.-the Ministry of defence national you will be the granting of any concession of aquaculture, through the enactment of a resolution to this effect by the Undersecretary of the Navy. "
This resolution, which will be the same in that the Ministry of national defense to rule on the request of the interested party, will dictate in the term of 90 days, counted from the received record submitted by the Secretariat.
The Ministry of national defence shall forward a copy to the Secretariat and to all resolutions qie service rendered for aquaculture concessions. "."
79 article 56 replaced by the following: ' article 56.-transfers of aquaculture concessions must be previously authorized by the Ministry of national defense. " The request will be presented directly to the Undersecretary of Navy, which shall decide within a period of 60 days since presented the request.
The transfer of a concession for aquaculture may be refused only by the Undersecretary of the Navy founded resolution, must in this case send by certified mail to the interested party a copy of the negative decision within the period referred to above. The Secretariat shall be responsible for authorize or deny the transfers of the authorizations granted, through resolution founded and informed to the interested party within equal time.
The Minister of national defence shall forward a copy of all decisions rendered in accordance with this article to the Undersecretary. "."
80 article 57, replaced by the following: ' article 57.-in the event of the death of the holder of a concession or authorization of aquaculture, succession, through common representative, must submit to the Secretary of the Navy or the Undersecretary, as applicable, within a period of one year of the death of the deceased, copy to authorized the writ of possession antiprofiterative " , so that those authorities from issuing a new decision in favour of his heirs. "."
81 insert, in subparagraph first of article 58 between the words "concessions" and "of" the words "and permits".
82 the second paragraph of article 58, replace by the following: "shall be binding on the have resigned to send copy of the deed to the Undersecretariat for marine or the Undersecretary, as appropriate and service." In the case of a total or partial waiver, the Secretary or the Undersecretary of the Navy, according to segun corresponda appropriate should dictate a new resolution to set restricted the concession extension. "."
83. replace, in the third subparagraph of article 58 the word "produced" by the words: "incurred by the owner in".
84 insert, in subparagraph first of its article 59 between the words "concessions" and "of" the words "or permits".
85.-Insert, in letters a) and b) in its article 59 between the words "concessions" and "of", the words "and permits".
86.-Reemplazanse letters a) and b) of article 59 the figures "100" by "50" and "3" by "4"; e insert in the letter b), between the words "monthly by" and "the", the expression "each of".
87 be inserted as the second paragraph of article 59, the following: "However stated above, direct contributions in money that agents make the fisheries research fund, during the year immediately preceding that in which applicable payment of EU patent of aquaculture, will constitute a credit that can reach the equivalent to 100% of its value. For these purposes, the contributions in cash shall be expressed in monthly tax units from the date of its receipt by the fisheries research fund, multiplied by a factor a: 1 + 0,0015 (N + - 3), being N the number of missing full months for the end of the calendar year in which the contribution has been received. "."
88 added to article 59 the following subparagraph: "The authorizations granted in river water courses and those granted over bodies of water located on private property, in accordance with the provisions of the water code excepted from these provisions.".
89 Add to article 59 the following penultimate paragraph: "except in addition to the provisions contained in this article, for a period of three years, from the date of publication in the official journal of the resolution which authorizes them, of aquaculture concessions granted for activities of algae whose total length is equal to or less than half a hectare and whose owner does not possess more concession than that which allows you to qualify for this exception. "."
89 bis.-Add the following final subparagraph article 59: "this same exemption applies to organizations of fishermen who are holders of concessions when the proportion of total surface area, divided by the total number of members is equal to or less than 0.5 hectares.".
90. Intercalanse article 60, between the words "concessions" and "of", the words "or permits"; and replaced the term "natural" by "wild".
91 replaced article 61 with the following: "article 61.-previous decree, the Ministry founded technical assistant, and the National Board of fisheries, reports shall adopt regulations which establish the protection and control measures to prevent the introduction of diseases of high risk and species that are pests, isolate their presence when they occur" prevent its spread and tend to its eradication. The same regulations shall determine the diseases that are classified as of high risk and the species living aquatic constituting pests.
Breach of any of the measures laid down in the regulation, shall be punished according to the regulations of title IX. "."
92 article 62, replace by the following: ' article 62.-by one or more decrees Supreme issued through the Ministry, previous technical reports duly established by the Secretariat of the National Council of fishing and the Zonal Council of fishing that corresponds, is shall regulate the measures of protection of the environment so that establishments that exploit concessions or authorizations for aquaculture operate in line with the capacities of bodies of water Lake " River and sea.
Breach of any of the measures provided for in the regulation, referred to in the preceding paragraph, shall be punished according to the regulations of title IX. "."
93 replace, in paragraph first article 63 the sentence that begins with "set boundaries" to the word "used" by the following: "to limit the areas of concessions or authorizations, considering the size and nature of the elements that are used", and replacements her colon (:) end by a comma (,) by adding the phrase "specific crops of these aquatic resources and used waters.".
94.-Eliminanse in article 63 lyrics to), b) and (c)).
95 article 65, replace by the following: ' article 65.-establishments of crops in areas of private property that do not require concession on the part of the Ministry of national defense or authorisation of the Secretary, shall be obliged to comply with all the regulatory provisions which, in effect, handed down. ".
96 removed, under the heading of the title VII, the word "fishing".
97 Intercalanse then in the heading of title VII, the following paragraphs 1 ° and 2 ° new: "(Párrafo 1° De la investigación para la administración pesquera Artículo 65 a).-the Secretary shall have the function of coordinating with the other agencies of the fisheries sector, the formulation of the plan of fisheries research and aquaculture, with the purpose of establishing the scientific and technical bases that the management measures adopted by the authority for fisheries and aquaculture shall be based."
The research plan will be developed through programmes. In relation to fishing activities, the program consist of the implementation of procedures of evaluation of the main national fisheries, with the purpose of determining the State of exploitation are resources hydrobiological and associated fisheries, taking into account biological, fishery, economic, social and environmental aspects. With regard to aquaculture, the program will move investigations determining the conditions in which cultures of living aquatic species, are to be in balance with the ecosystem.
Article 65 b).-the budget of the Secretariat should be consulted annually, resources to finance research fisheries and aquaculture that make possible the fulfilment of the purposes provided for in this Act.
Paragraph 2 ° from the fisheries research fund article 65 c).-create the background of fisheries research, part of the Ministry, to finance projects of fisheries research and aquaculture, necessary for the adoption of measures of administration of fisheries and aquaculture activities, which are aimed at the conservation of hydrobiological resources, considering both biological aspects and the fishing boats Economic and social.
Means the research referred to in the foregoing paragraph in a comprehensive sense, including research applied to resources and their ecosystem.
This Fund shall consist of the contributions that consult annually in the budget law of the nation, and other contributions.
Article 65 d).-the fisheries research fund will be administered by the Fisheries Research Council, composed of the Secretary, who shall preside, the President of the Oceanographic National Committee, who shall preside in the absence of the Secretary, and six professionals, specialists in the fishing field, two of them at least will come from the University sector. The directors shall be appointed by the President of the Republic at the proposal of the National Council of fisheries. For this purpose, representatives of the institutional sectors, business and labor of the Council, will present separately the President of this organization a payroll of five people, two of them at least will come academico-universitario sector linked to the Sciences of the sea, having the President select two of those identified at each list to form part of the Fisheries Research Board.
The President of the Council shall appoint an Executive Secretary who will be responsible for the minutes of meetings and you will have the quality of Minister of faith.
The Council shall adopt its rules of operation.
In the event of a tie in the votes to take agreement, resolve who chair the respective session.
Article 65 e).-the secretariat will request, in the month of January of each year, the zonal Council and national fishing, suggestions that they consider relevant for drawing up the annual programme of fisheries research and aquaculture, including its priorities, which will have a term of two and three months, respectively, to pronounce. Once completed this formality, the Undersecretary will the annual program available to the Fisheries Research Council, within 60 days, for approval and the establishment of the annual research priorities in a period not exceeding one month. Copy of the program will be sent to the regional councils, zonal and national fisheries.
(Article 65 f)-Fisheries Research Board will have the following functions: 1) establish the annual programme of research and its priorities;
(2) Assign research projects and funding for its execution, which will be allocated through public tender according to the rules that they are established in the regulation;
3) punish the technical qualification of research projects, and 4) prepare and disseminate the report of activities.
The mechanism of allocation of projects should be considered a greater weighting to those regional institutions participating in the contests of research carried out in their area.
Progress and the final of each of the research reports will be delivered to the Secretary and will form the basis for the adoption of fisheries management measures.
Article 65 g)-through the Secretariat, the National Council of fisheries zonal fisheries councils take knowledge of the results of the investigations and carry out observations that they deem relevant. These results will be public and will be available to the users through the National Council for fisheries and the zonal fishing tips. "."
98.-a) antepóne is to article 66 the following: "3 ° paragraph of fishing for research", and b) replaced article 66, with the following: "article 66.-the Secretary shall authorize fishing for research in accordance with the rules of this paragraph.".
99 replaced article 67, by the following: ' article 67.-for fishing research with respect to species and areas subject to the regime of General access, the Undersecretary, by resolution, authorize the catch of species living aquatic on the basis of the approved project, exempting it from compliance with the standards of Administration established by this law. ".
100 deleted their article 68.
101 article 69 replaced by the following: ' article 69.-in the event that natural or legal persons wish to make research fishing, declared in regime of fully exploited fisheries, fisheries recovery scheme or regime of fisheries development, waiving compliance with fisheries management rules that may be applicable, must previously submit an application " to the Secretariat accompanying a project that brings together the records referred to in article 71.
The Undersecretary, by resolution, may authorize the fisheries research project, allowing you to capture or pull out the management measures that explicitly lay out.
Undersecretary may only authorize catches exempt from the measures of Administration for the purposes of this article, meaning that they always be charged to global catch quotas if any.
Extracts of the resolutions referred to in the preceding subparagraphs and article 67 of this law, shall be always published in the official journal, on behalf of the person concerned, and their respective technical reports will be public. "."
102 delete article 70.
103 Eliminase, at the commencement of the first paragraph of article 71, the word "following" and the colon (:) that concludes, and added the final sentence "that set the rules.".
104.-Suprimense letters to), b), c) of the first subparagraph of article 71 referred.
105 replaced the final subparagraph of article 71 by the following: "The Secretary may authorize, by resolution to be published in the official journal on behalf of interested parties, requests for fishing research for a particular calendar year, up to the limits indicated in articles 67 and 69".
106 article 72, replaced by the following: ' article 72.-persons requesting to perform research with ships fishing, will not be forced to register previously on the industrial or handicraft. " In any case, they must obtain a special authorization of the Secretary, by a resolution, stating the name and address of the responsible person, domiciled in the country, for the purposes of this Act.
This special authorization should be conditional upon an obligation to admit on board or professionals who set the same Secretary according to the importance of the project, as also the delivery of collected data and send the results of the research within the time limits and in accordance with the methodology and objectives of the project.
Without prejudice to the provisions of section 120 of this Act, the operation of foreign ships for the purposes of fisheries research, subject to the conclusion of a contract with national shipowners or Chilean public or private organizations may be authorized. These foreigners must comply with the provisions of this law, as well as which grant powers to the maritime authority." 107 Intercalanse in the first paragraph of article 73, between the words "purpose of" and "Recreation", the expression "sport"; and between the words "or hobby, and" and "with the following:"that is"."
108. delete, in the second paragraph of the aforementioned article 73, the phrase "Supreme, dictated by intermediate".
109 article 75, replace by the following: ' article 75.-by Decree of the Ministry, technical report of the Secretariat, be may establish mandatory for implementers fishing, be in possession of a license enabling them to catch one or more species, indicating the enabled areas, as well as establish the amount of rights to obtain. ".
110.-Add the following article 75): "(Artículo 75 a).-in order to orient Championships fishing and underwater hunting towards a greater with respect to the nature and encourage new forms of competition, federations and bodies concerned shall submit the bases of these Championships to the prior approval of the service.".
111 Intercalanse, in article 76, the words "and the regulations", between the words "law" and "or", 112.-replace, in the first paragraph of article 77, the word "of" by "a", between the words "offences" and "the".
113.-added in the first paragraph of article 77, suppressing the colon (:), the following sentence: "some or all of the following measures:" 114.-Reemplazanse d letters) and e) article 77, by the following: "d) confiscation of the arts and jiggers fishing with which the offence has been committed and the means of transport.
(e) confiscation of species living aquatic in their natural state or processed, in the case of infringements of provisions on fishing and the offences referred to in articles 79 the letter b), 89 and 104). Species or products benthic aquatic arising from offences referred to above, does not apply to the procedure referred to in article 94 and should be used only for charitable establishments or similar, or order its destruction. "."
115 Eliminanse in the second paragraph of article 77, the words "and the means of transport".
116 replaced in the second paragraph of article 78, between the words "offences" and "the", the word "of" by "a".
117.-replaced by the letter to) of article 79, the phrase "freedom of fishing" by the phrase "general access", and delete the expression "in areas of fishing under general access regime".
(Disposed of 118 in) (b) of article 79, the word "extraction".
119.-replacements letters c), d), e), f) and g) article 79, by the following: "c) capture species living aquatic without authorization or permission."
(d) to capture living aquatic species without being registered in the respective register.
(e) carry out fishing on species living aquatic in contravention of provisions of the respective permissions.
(((f) catch species living aquatic with violation of the prohibitions of the letter c) of article 3, of the letters b)) and (c) of article 30 and the second paragraph of article 73.
(g) reporting catches of less than the real living aquatic species, including the concealment of catches landed or discarded into the sea. "."
120 article 80 replaced by the following: "article 80.-in the case of the preceding article, the captain or pattern of industrial fishing ship that has been committed the offence, it will be personally punished by a fine of 30 to 300 monthly tax units, and the pattern of the crafted, with a fine of 3 to 150 monthly tax units."
In addition, apply them in accordance with the rules of the 3rd paragraph of this title, the sanction of suspension of the title of master or pattern up to 90 days. In the event of recidivism, the penalty shall be cancellation of the same. "."
120 bis.-Eliminanse in) (b) of article 81, the words "method, systems"; and agreganse to the article, the following letters: "c) capture a hydrobiological in quality of fauna species companion in a proportion greater than that established in the corresponding Supreme Decree."
(d) possess, transport, marketing and store products under the established minimum size hydrobiological resources. "."
121 article 83, replace by the following: ' article 83.-shall be punished with fine equivalent to half a unit tributariamensual for every ton of thick ship or fishing vessel violating registry, extractive fishing activities with arts or fishing gear prohibited without result of capture, whether in relationship to the fishing areas or the selectivity of them. " If ships or fishing boats are not perpetrating, the penalty will be a fine from 3 to 300 monthly tax units. In the event of recidivism, the penalty will be doubled. "."
122 article 85, replace by the following: "article 85.-breaches of this law which they have not planned a special sanction applies them a fine equivalent to one or two times the result of multiplying the value of sanction of the species affected, the date of the enactment of the judgment, by per ton or fraction of a ton physical weight of resources hydrobiological object of the offence. To offences that may not be punished as above, shall apply them a fine of 3 to 300 monthly tax units. In case of recidivism, the penalty will double. "."
123 Intercalanse in article 87, between the words "concession" and "of", the expression "or authorization"; and between the words "arranged in" and "the", the words "no's".
124 deleted article 88.
125 insert in subparagraph first of article 89, between the words "forbidden hydrobiological" and the verbal form "will be," expressions "and products derived therefrom", and replaced his third subparagraph by the following: "(La reincidencia de las infracciones de que trata este artículo, será sancionada conforme a lo dispuesto en el artículo 104 b) of the title X.".
126. replace, in article 90, the word "twenty" for "fifty".
126 bis.-replace, in article 91, the word "ten" by "thirty".
127 removed, under the heading of the 2nd paragraph, letter "s" of the expression "Procedures".
128 article 92, replaced by the following: ' article 92.-the control of the compliance with the provisions of this law, shall be exercised by officials of the service and personnel from the Navy and Carabineros, as appropriate, to the jurisdiction of each of these institutions. "
In the exercise of the supervisory function, the service shall be entitled to: to) log processing plants of living aquatic species and all types of vehicles such as ships, aircraft, trains and trucks, as well as all kinds of containers, such as boxes, containers and canned, when be founded presumed that they are species or products purchased with violation of fishing regulations , or elements that have served to commit these offences, such as arts or fishing gear.
In the event of opposition to registration, by persons who are in possession of vehicles or containers referred to in the preceding paragraph, any title the service may require the help of the security forces.
(b) control the sanitary quality of the imported products, which are intended for bait, food or medicinal uses of biological resources. You can also control the health quality of fishery products for export and grant the relevant official certificates, when petitioners required.
Inspection, sampling and analysis tasks may be entrusted to entities that comply with the requirements established by the regulation.
(c) carry out health, animal health and plant health checks of living aquatic species of export and grant the relevant official certificates; and control the entry of food and biological products for use in aquaculture in accordance with requirements established by the regulation.
The work of analysis, for the purposes of control, may be entrusted to entities that comply with the requirements established by the regulation.
(d) take necessary measures to prevent the entry to the national territory, substances that are used in fishing or aquaculture and that they affect or may affect the resources or hydro-biological products.
The regulations shall determine the form and conditions that will be made effective the protection measures necessary for proper compliance with the provisions of the preceding paragraph.
For the purposes of the provisions of point (b)) precedent, repealed article 41 of law No. 18.768. "."
129 added following article 92 bis;
"Article 92 bis.-in the exercise of its supervisory function, the service will have the faculty to take part in the processes caused by violation of the rules governing fishing activities, without prejudice to the powers corresponding to the Defense Council of the State.".
130 replaced article 94, by the following: ' article 94-species living aquatic, in their natural state or processed, object of the offence, as well as the arts and fishing gear and means of transport used for the purpose, should be seized by the supervisors who have found the infringement, and placed at the disposal of the competent as soon as judge. "
Can the judge, in the case of species living aquatic seized, in their natural state or processed, and acting as legal representative of the owner, order a general warehouse of deposit or other similar establishment the warehousing them and their immediate auction through an auctioneer designated for that purpose. The product of the auction, after deducted the value of the services of storage, hammer and others provided, shall be deposited in the account of the Court guarantee of the payment of the fines that may be applied.
If existing conditions it is not possible to impose immediate storage and auction, may the judge permit the processing of seized living aquatic species, retaining the processed product.
However, the judge shall order the return of seized from the owner, living aquatic species if this constitutes one sufficient for the value of the seized guarantee, considering the value of the corresponding penalty, which will be answering for the payment of fines that apply to the respective procedure.
Shall be regarded as guarantee enough for these purposes a ballot bank guarantee, issued in sight and payable in Chile, by any bank or financial institution domiciled in Chile, by that value, issued namely the Court referred to the violation, or other form of guarantee similar qualifying the judge. "."
131 delete article 97 and article 98, be replaced by the following: "article 98.-for the purposes of this Act, relapse means the repetition of any infringements of the rules of this title, committed within a period of two years from the date that has been enforceable conviction."
All condemnatory judgment, issued in proceedings for breaches of this Act, shall be notified to the shortest time by the courts of Justice to the service. "."
132 replace, in article 99, the word "at" by "of", written between the words "Merchant" and "compliance".
133 Reemplazanse, in article 100, the words "local police" with the words "cause".
134 replaced in article 101, between the words "biological" and "elements", the expression "with" by "using" the number "10" by "50", and the words "prison in its medium to maximum grade" by "lower its minimum degree in prison".
135 removed in the subparagraph first of article 101, the word "serious".
136. delete, in the first paragraph of article 102, the phrase "and imprisonment in grades medium to maximum.", replacing the comma (,), it predates it by a period (.), and add the following final sentence: "If appropriate with fraud, in addition to the fine, the penalty applied will be lower in its minimum degree presidio.".
137 replacements in the first subparagraph of article 102, the words "can cause serious damage" by the expression "cause harm".
138 the second paragraph of article 102, replaced by the following: "If the defendant run measures to repair the damage caused and thus recovers the environment, the Court reduced the fine up to a fifty percent, without prejudice to compensation corresponding.".
("139.-Eliminanse, in the first paragraph of its article 103, the word"alive"written between the words" living aquatic "and without", and replacements words "grades means" by the following: "your level", 140-Introducense the following amendments to article 103: to) Insert, in the second paragraph, the word "also", between the word "Yes" and the expression "species", and delete the word "serious";
((b) Insert the following new third subsection: "(El que internare carnada en contravención a lo dispuesto en el artículo 92, letra b), of this law, shall be punished by the same penalties and fines indicated in subparagraphs precedents.", and (c)) in the final paragraph of this article, be inserted between the words "species" and "illegally", the expression "and the bait".
141 replace, in its article 104, the word "had" by "had".
142 Agreganse following items new, continuation of article 104: "(104 a)-processing, the apozamiento, the development, transformation and storage of forbidden hydrobiological resources as well as also the storage of these products will be punished with a fine of 3 to 4 times the result of multiplying the value of sanction of the respective species existing at the date of the complaint or grievance" by the amount of product or resource hydrobiological object of the offence, reduced to tons of physical weight of resource, and likewise with the closure of the establishment or premises in which the infringement has been committed up to a period of 30 days.
The Manager and the Manager of the industrial establishment shall be punished with penalty of imprisonment reduced to its minimum extent, and personally with a penalty of 3 to 150 monthly tax units.
In case of recidivism in violations of this article, the fines will be doubled.
Article 104 b).-in the case of recidivism in the infringements referred to in article 89 of this law, persons who are responsible shall be punished with penalty of imprisonment reduced to its minimum extent and financial penalties will be doubled. "."
143 article 105, replace by the following: ' article 105.-the rules about expiration dates contained in this title shall apply both authorizations and permits referred to in this law, as well as concessions and authorizations of the same aquaculture. ".
144 article 106, replaced with the following: "(Artículo 106.-Son causales de caducidad de las concesiones y autorizaciones de acuicultura las siguientes: a) exploit the concession with a different object than the one for which it was granted."
(b) failure to pay patent required by article 59.
(c) be recidivist infringement that sanctions Article 87.
(d) have been convicted by holder firm statement by any of the offences that try to articles 101 and 102.
(e) carry out less than 50% of planting, have one existence less than equal percentage of hydro-biological resources to cultivate, as the case may be, and have not run at least half of the activities planned in the technical project approved by the Secretariat to that referred to in article 52; all of the above for the first year, it counted from the publication in the official journal of the corresponding extract from the decree or judgment; or paralyze the activities for two consecutive years, except in fortuitous or force majeure, duly accredited.
A concession or authorization of aquaculture, with respect to part of the sector, or authorized hydrobiological resources, may expire partially when at the end of one year from the end of the schedule of activities proposed in the technical project approved by the Secretary, referred to in article 52, the total production or facilities referred to in this has not materialized except in fortuitous or force majeure.
In the case of accredited force majeure or fortuitous pointed out in preceding paragraphs, the Secretary or the Undersecretary of the Navy, as appropriate, may authorize a one-time an extension of term of up to one year.
(f) death of the holder, if not established in article 57.
The expiration to declare by resolution the Undersecretary of Navy, must be notified to the holder of the concession for aquaculture by registered letter. The latter will have a period of 30 days, from the date of the dispatch of the letter, to claim the resolution with the Ministry of national defense, which will resolve technical report of the Secretary of Navy, within equal time. This latest decision is not susceptible of any administrative appeal.
When an authorisation of aquaculture to be declared by a decision of the Secretariat, its owner will be notified in the same way and within same period than that indicated above. Likewise, you can lay claim to this resolution to the Minister, that will resolve following a report by the Secretariat. This latest decision will not be subject to any administrative appeal. "."
145 section 107, replaced with the following: "(Artículo 107.-Son causales de caducidad de las autorizaciones y permisos los siguientes hechos, según corresponda: a) incurring an excess higher than 10% of the individual quotas for the annual catch that special fishing permit holders are entitled in a fishery unit, for two consecutive years, without prejudice to the sanctions that are affected by the standards of title IX."
(b) do not start fishing extractive activity, understanding by this omission of fishing operations with one or more ships, for two consecutive years, or suspend such activities by more than 12 successive months, except for unforeseen circumstances or force majeure, duly accredited, in which case the Secretariat shall authorize only once an extension of time, which will be of up to one year counted from the date of the end of the term of the original resolution, or from the fulfilment of the year of the suspension of activities, as the case may be.
Authorization, may expire partially when it incurred on the grounds mentioned in the preceding subsection, with respect to one or more ships, fishing areas or authorized species.
(c) repeating the breach of the obligation to submit reports or communications referred to in articles 39 and 40, within 45 days of the date of the postal firm's written request directed to the offender by the service.
(d) failure to pay EU fisheries patent referred to in title III of this law.
e) have been the owner convicted of any of the offences that try to articles 101 and 102, by enforceable judgement.
(f) repeat the infringement referred to in article 21, contained in title III of the Act.
(g) if the holder, wherever a foreign natural person, loses his permanent resident status in Chile, according to the rules of the immigration regulations.
(h) failure to pay the annual fee referred to in article 31 of title III of this law.
Aging will be declared by resolution of the Undersecretary, and must be notified by registered letter to the holder of the licence. The latter shall have a period of 30 days from the date of the dispatch of the notification, to claim that resolution to the Minister, which shall decide within equal time. This latest decision is not susceptible of any administrative appeal.
In case that there is no claim, or that is confirming the forfeiture is resolved, the Minister shall proceed to reassign these permissions by calling a public proposal, within a period of 90 days, in the form and conditions established in the regulations. "."
145 bis.-Add the following rule 107 bis: "(Artículo 107 bis.-Son causales de caducidad de las áreas de manejo y explotación de los recursos bentónicos las siguientes: a) exploit the area in contravention to the management and exploitation project approved by the Secretary."
(b) failure to pay patent required by article 59.
(c) have been convicted the owner by a judgment by the crime covered by article 103.
d) being recurrent infringements referred to in point (b)) of article 79 and article 81. "."
146 replacements, in article 116, the words "in articles 26 and 59" by "mentioned in the present law".
147 substituted in article 118 the word "national" for the word "natural", and delete the final sentence from the expression "fishing and for" up to the word "Fishing".
148 replace the second paragraph of article 119 by the following: "They are concessions of aquaculture for the purposes of this Act, those defined as such in the General Law of fisheries and aquaculture, which are granted for purposes of species living aquatic, in the areas laid down as appropriate for the exercise of aquaculture, by the Ministry of national defence and fisheries and aquaculture are governed by the provisions of General Law.".
149 article 120, replace by the following: ' article 120.-replace the final paragraph of article 11 of the Act of navigation, contained in Decree Law N ° 2.222, 1978, by the following: "the special ships, with the exception of the fisheries, belonging to natural persons or legal foreign domiciled in the country, may also enroll in Chile provided that they have in Chile the main seat of their business" , or in the country from exercising any profession or industry permanently. These facts must be verified to the satisfaction of the maritime authority. The direction may, for reasons of national security, impose on these ships restrictive special rules for their operations.
Without limiting the foregoing, applying the principle of international reciprocity, the maritime authority may release of the requirements of this article, in terms of equivalence, to fishing companies constituted in Chile with majority foreign equity participation, where in the country of origin of such capital requirements of registration of foreign ships and provisions exist for the development of fishing activities in accordance with this principle to natural or legal persons from Chile is eligible. For the purposes of determining the reciprocity and equivalence, will require prior certification of the Ministry of Foreign Affairs. ".".
150 article 121, replace by the following: "article 121-prohibit the operation of vessels that qualify as factory or factory in the territorial sea and exclusive economic zone of Chile."
However, in the case of fisheries that have not reached the status of full exploitation, the Ministry by Presidential Decree may authorize, prior technical assistant and the National Council of fisheries reports, the operation of vessels factory or factory, by deadlines fixed, to the West of the 150 nautical miles measured from the baselines and to the South of the parallel 47 ° 00' South latitude by outside the straight baselines. The operation of these ships will not enable authorized persons to demand the granting of new permits or permission when fisheries are declared in a State of full exploitation.
Prohibit the operation of boats mothers or suckler and pontoons is processed where fishing, with or without propulsion, in internal waters, territorial sea and exclusive economic zone of the country; ban also operation of fish transport vessels in fisheries declared in full operation.
Violations of these prohibitions shall be punished in accordance with article 84. "."
151 Eliminanse in article 122 the following numbers and words "(17, letras d) and g);" 18, letter to), "(and words and numbers and letters 28 c)(, e) and (f)"; replace the semi-colon (;) of the "and" between the numbers "22" and "23" and suprimense "of the Ministry of economy, development and reconstruction".
152. in the first subparagraph of article 123, replacements the words "the following provisions of the" by "the"; suprimense the terms "of the Ministry of economy, development and reconstruction"; replacements the colon (:) end by a comma (,) and reemplazanse words: ' a) added ", of the following paragraph, by the verbal form"adding", to leave them as a single paragraph.". "
(153 removed the letter b) in the referred Article 123.
154 article 124, replace by the following: ' article 124-the Ministry by Supreme Decree, following a report from the Secretariat and the Ministry of Foreign Affairs consulting, may establish standards of conservation and management about those common stocks and associated species in the exclusive economic zone and on the high seas. " Dictated to as these standards may be banned or regulated unloading of catches or products derived from them, when they have been obtained in violation of these rules.
The provisions of the preceding paragraph may be extended with respect to highly migratory species, as well as also for anadromous stocks and marine mammals, when it deemed relevant.
Also, following a report from the Secretariat and inquiry to the Ministry of Foreign Affairs, the Ministry by Decree Supreme may prohibit landings, supply and any type of services directly or indirectly to vessels in the exclusive economic zone and territorial sea, where there are records that suggest founded extractive fishing activity which make these ships affects fishery resources or their exploitation by ships and ports of the Republic national area economic exclusive. "."
155. delete article 125.
156 Agreganse following articles 127, 128, 129, 130 and 131, new: "article 127-case of bordering Lake bodies shared the Secretary may authorize the development of extractive fishing activities when its use is advisable." The determination of each Lake body which is authorized the development of these activities, shall be adopted by Presidential Decree of the Ministry, prior technical report queries to the Foreign Ministry and the Zonal Council of fisheries concerned, which shall have the right to exercise therein the powers that give articles 3 °, 3 ° and the Undersecretary to) and 30 of this Act.
Article 128-When building dams in rivers of water which prevent the natural migration of fishes inhabiting these courses prior to its construction, will be duty of the owners of such civil works carry out a program of planting such species in order to maintain the original level of their problaciones, on both sides of the dam , or alternatively to construct civil works that allow these migrations.
Article 129.-No may be enrolled in the registry of older ships, fishing vessels whose construction standards do not comply with the regulations prepared by the Supreme Decree N ° 543, 1985, of the Ministry of Foreign Affairs, which adopted the Torremolinos International Convention for the safety of fishing vessels.
In addition, fishing ships that they are admitted to the country to be existing classification records of classified companies recognized by the maritime authority and properly represented in the country.
Article 130-Ministry, through Supreme Decree after consultation with the Ministry of Foreign Affairs, may, in conjunction with the relevant bodies of the countries with borders Lake with Chile, to establish management measures in areas bordering on shared hydrobiological resources and maritime.
Article 131-A count of the entry into force of this Act, the Fisheries Development Institute will no longer abide by the pay system established in the Decree Law N ° 249, 1974.
The remuneration of such entity shall be fixed pursuant to article 9 ° of the Decree Law N ° 1953, 1977. "."
157 replacements items 2 °, 3 °, 5 °, 6 °, 8 °, 9 ° and 10 transient law No. 18.892, by the following: "article 2.-While not the Secretariat resolutions handed down to referred to in article 29 permanent, they shall remain in force regulations existing at the date that impose restrictions on the use of Arts and fishing gear."
While it does not constitute the National Council of fisheries, the Ministry should consult the National Fisheries Committee, created by Supreme Decree N ° 142, 1990, of the Ministry, to solving the matters which the law requires the opinion or consultation of the Council. Also, the Ministry and the Secretariat may dispense with the consultations and technical reports of the zonal boards of fishing, as long as these entities do not constitute.
Article 3.-No may enter the fishing areas referred to in article 1 transitional ° to perform extractive fishing activities, ships or fishing vessels other than those authorized at the date of publication of this law, pursuant to resolutions of the Secretary issued in accordance with Decree Law N ° 5, 1983, and catches landed in those areas that had reported , as applicable to each unit of fishery, within the last twelve months prior to the date of publication of this law. However, substitutions of ships or fishing boats, or owners, in accordance with the rules of procedure may be carried out.
However, within a period of 24 months from the entry into force of this law, they may enter to the fishing grounds of the units of fisheries set out in the article 1 transitional, fishery owners, having not even started fishing extractive activities, existing authorized by the Secretariat, which prove irrefutably , to the Secretary, within a period of thirty days from the entry into force of the law, that before such ships are under construction.
In addition, those owners authorized to operate ships fishing in regions that pursuant to point (d)) of article 1 transitional ° are incorporated into the regime of full exploitation and industry authorized to operate reducing plants, which are, are installing or crediting procedures for concession of land or lease port land or credited investment made before 1 April 1990 to build such plants located in these regions You can incorporate new ships in the above-mentioned regions, taking as a proportional relationship between the processing capacity and requirements capture to their supply which will be verified by the service limit.
That relationship will be 40 cubic meters of capacity of winery afloat per ton of raw material processing capacity per hour, having such plants. The application to enforce this exception shall be submitted to the Secretariat within a period of 90 days from the date of entry into force of the law. Plants referred to in the preceding paragraph shall have completed the installation of its capacity authorized before 24 months from the entry into force of this law. Breach to what will expire above, authorization by the single operation of law, as well as those fishing authorizations referred to fishing vessels to which they gave rise.
Landings made up to 31 December 1996, and which are intended to supply a reducing plants referred to in the third paragraph of this article, shall not be attributable to the global quota that is set for the area between the V and IX Region. Article 5.-holders of maritime concessions which at the date of entry into force of this law, are duly authorized by a decision of the Secretariat to develop aquaculture activities, may elect to be governed by the provisions of title VI of this law, a decision shall be communicated in writing, within a period of 180 days, since the entry into force of this legal body , to the Navy Undersecretary of the Ministry of national defense.
The provisions of title VI will begin to run upon the 1 ° July 1991, for those who opt for this legislation and the obligation to pay the single patent of aquaculture shall be applicable with respect to them.
Those not practicing the above option will be at all governed by norms of the decree with force of law N ° 340, 1960, and its regulations. However, as regards the payment of the single patent of aquaculture must adhere to the provisions of this law as of January 1, 1992.
Holders of maritime concessions that are in the expected situation in the first paragraph of this article, making use of option to which this refers, means that they are operating in areas suitable for aquaculture, and not exercising them efectaran the regulations issued in accordance with article 43 paragraph first. While these rules are not handed down, concessions and authorizations for purposes of aquaculture in processing will continue to progress in accordance with the provisions of the decree with force of law N ° 340 and its regulations and other existing precepts that date. Without limiting the foregoing, them shall be governed in all by the provisions of title VI of this law. Those who additionally have the date of publication of this Act anticipated occupation permit issued by the maritime authority means are in appropriate areas for the practice of aquaculture, not affecting them standards issued pursuant to subsection first article 43, after the processing. If in the 18 months following the publication of this law there is no statement with respect to the request for granting that affects the anticipated occupancy permit, it will be by approved must be issued the respective Decree of concession. In equal condition will be those owners of maritime concessions whose term has expired and are pending their renewal.
The decrees and regulations that are handed down in accordance with the provisions of this law may not affect the rights of farmers in its essence.
Pending requests for the enactment of decrees of maritime concessions for aquaculture purposes, having the date of entry into force of the law, with the Undersecretary of fisheries resolutions to authorise fishing activities, may only be accepted to constitute a concession of aquaculture under the terms of title VI.
Persons who at the date of entry into force of this law have pending applications for the enactment of decrees of maritime concessions, and that do not have that date with the Undersecretary of fisheries resolutions to authorise them to initiate aquaculture activities, should adapt their applications within 90 days, under the terms of title VI keeping all the priority by the original date of your presentation.
Article 6.-suspending the entry of new requests for extractive fishing activities, the Secretariat, in accordance with the regulatory decree N ° 175, in 1980, of the Ministry, until the entry into force of this law.
Article 8.-Facutase to the President of the Republic so that within a period of 180 days, counting from the date of entry into force of this law, may modify the structure organic of the Secretariat and the service through the enactment of a decree with force of law.
Article 9.-the small industrial fishing shipowners, able to operate their vessels in reserve for artisanal fishing areas laid down in article 29 permanent, for a period of 5 years from the date of entry into force of this law. However, the area of operation of his or her craft, will be restricted to the regions in which was given authorization in accordance with the Supreme Decree N ° 175, of 1980, and Decree with force of law N ° 5, 1983, and they may not operate in the Strip a mile from the coast, measured from the normal baseline or from the low tide the Inland line.
Capture engaged these vessels in the area of exception referred to earlier, will be counted for all purposes appropriate in the administration of fisheries declared in the regimes of full exploitation, recovery or incipient development referred to in title III of this law.
In no case may merge new vessels of small industrial owners after the entry into force of this law, to the areas referred to in article 29.
Article 10.-people and boats that the date of entry into force of the law, qualify as craft and are developing extractive fishing activities, must register in the relevant registration which must be enabled for the service.
The deadline for such inscription shall be 150 days for the artisanal vessels and their owners, and 270 days par the rest of the categories of Fishworkers counted starting from the entry into force of this law.
Also, the term service makes its decision with respect to the registration of fishermen and their boats which are artisanal developing fisheries at the date of entry into force of the law, shall be 180 days.
Article 11.-the Chilean nationality requirement, established in article 11 of the Decree Law N ° 2.222, 1978, Navigation Act, shall not apply to the owners of fishing ships registered prior to June 30, 1991, in accordance with the final subparagraph of the same article, according to your existing text to that date.
Article 12.-for the purposes of the operation in internal waters of regions XI and XII, except as provided in articles 29 and 121 industrial boats that, disposing of existing fishing authorization to operate in these areas on the day of the publication of this law, not to halt their activities in them for periods equal to or greater than twelve months.
However, such industrial vessels will remain as always excluded from operating in areas established by Supreme Decree for exclusive craft use. These absolute exclusion areas also may be subsequently amended by Supreme Decree of the Ministry, to initiative and following a report of the Secretariat and the Zonal Council of fishing that corresponds, in accordance with the effective development of artisanal fishing.
The Secretariat during the second half of 1991, by resolution, shall establish the list of industrial ships benefiting from this provision.
While they operate such industrial buildings, must be set separately in the areas of inland waters to the North and South of parallel 47 ° South latitude, annual fees of capture for the same species of fish, subject to quotas on the fishery adjacent units on the outside of the base line straight and situated to the South of the parallel 41 ° 28, 6' South latitude.
The aforementioned industrial vessels, may continue to operate in accordance with this transitional provision in the area attached to each of them by the corresponding resolution of the Secretariat that have been granted permission to start fishing activities according to the Decree of economy N ° 175, 1980, or by Supreme Decree of the Ministry of agriculture, according to the agriculture Decree No. 524 , 1964.
Article 12 bis.-for the purposes of the operation in foreign waters out of the base line straight to the South of the parallel 44 ° 30' South latitude, except as provided in article 121, boats factories, disposing of existing fishing authorization to operate in these areas on the day of publication of the present law not to halt their activities in them for periods equal to or greater than twelve months.
The Secretariat during the second half of 1991 by resolution will establish the list of ships benefiting from this provision.
While they operate such craft, you must set annual catch quota in the units of fishery species declared in full operation at the date of publication of this Act and which are located to the South of the parallel 41 ° 28, 6' South latitude. In fishery units located north of 47 ° parallel of South latitude, and until December 31, 1996, the corresponding annual fee must be divided into a proportion of two-thirds for ships coolers, and a third for ships factories without distinguishing art or system of fishing. Over this period, at the initiative of the Secretariat and with the Zonal Council of corresponding fishing report, may divide this fee on a new proportion, when for two consecutive years, ships coolers or failing, factory ships, not had consumed completely its proportion of the previously assigned quota.
Aforementioned ships under the exception provided for in former article 12 transitional factories as also the industrial vessels that qualify as factories may continue to operate until December 31, 1996, within the area attached to each of them by the corresponding resolution of the Secretariat that have been granted permission to start fishing according to the Decree of economy activities N ° 175 1980, or by Supreme Decree of the Ministry of agriculture according to the Decree of agriculture no. 524, 1964.
The term mentioned above only extends to those owners who are holders of investments in fixed assets, of not less than the value of technical updated technical value updated to the same date of the factories of his holding ships covered by this provision, discounted this, at the end of the same period which must be checked before the Secretariat with a certificate issued by an auditing firm registered in the Superintendency of banks and financial institutions , or alternatively whether holders of investment shares or social interests in companies incorporated in Chile, which, in turn, are owners of fixed assets that are not fishing vessels that qualify as factories of the mentioned minimum value. These investments must be located in any of the regions X, XI and XII of this condition except those which, in the December 23, 1989, were materialized in other regions and which have a direct relationship with the productive operation of vessels with this derogation. In any case, all investments mentioned above must have a destination referred to the exploitation or production of hydro-biological resources.
Each calendar year, from the year 1997 inclusive, must demonstrate compliance with such relationship between the updated technical values of investments in both kinds of fixed assets.
Article 13.-Holders of maritime concessions of up to 0.5 hectares, having an existing authorization of the Undersecretary for seaweed farming activities, be eligible for a period of 3 years from the date of entry into force of this law, the provisions of the final paragraph of article 59 of this law.
Article 14.-While not issued the regulation of this law, will continue to govern the regulatory Supreme decrees in force, in which do not contravene the provisions of this law.
Article 15.-The provisions in article 130 shall not apply to ships with existing registration or which are in process of construction, understanding by this placement of the keel already carried out, at the time of the entry into force of this law.
Article 16.-The limitation referred to in article 63 shall not affect the rights of holders of existing authorisations or concessions, unless these are altered product of enlargements of areas or species. "."