AMENDMENT OF LAW NO 18,892, GENERAL OF FISHERIES AND AQUACULTURE Having regard to the fact that the National Congress has given its approval to the following Bill: " Article 1.-introduce the following amendments in Law No 18.892; General Fisheries and Aquaculture, as amended by laws N ° 18.959, N ° 18.977, N ° 18.999, N ° 19.009 and N ° 19,043. A.-The following definitions are incorporated in Article 2: " Target species: These are those hydrobiological species on which the fishing effort of a fleet in a fishery or a unit of a fishing fleet is normally and principally oriented. determined fishery. Accompanying fauna: It is the one formed by hydrobiological species that, by technological effect of the art or fishing gear, are captured when the fishing vessels orient their fishing effort to the exploitation of the target species. Fishery in recovery: This fishery is over-exploited and subject to an extra-active ban of at least three years for the purpose of its recovery and where it is possible to set an overall annual catch quota. Incipient fishery: This is the demersal or benthic fishery subject to the general access regime, in which an overall annual catch quota may be set, in which no fishing effort is made or is estimated in terms of annual catch of the catch. a target species less than 10% of that quota and in respect of which there is a considerable number of stakeholders to participate in it. Overexploited Resource: This is a hydrobiological resource whose level of exploitation is higher than technically recommended for long-term conservation. Extraordinary fishing permit: It is the administrative act whereby the Secretariat through the procedure laid down in this law empowers the persons awarded individual catch quotas to carry out fishing activities extractive, for the duration of the permit, in fisheries declared in the full exploitation regimes, or in developing fisheries or in recovery fisheries. Fishing effort: Action developed by a fishing unit for a defined time and on a given hydrobiological resource. The presence of the sea: It is that part of the high sea, existing for the international community between the limit of our continental exclusive economic zone and the meridian that, passing through the western edge of the continental shelf of the island Easter, it is extended from the parallel of the milestone N ° 1 of the international border line separating Chile and Peru, to the South Pole. "B. Replace Title III by the following:" TITLE III Access to industrial extractive fishing activity. Paragraph 1 of the General Access Scheme. Article 1 °.-In the territorial sea, with the exception of the area of reserve for artisanal fishing, and in the exclusive economic zone of the Republic, there shall be a general system of access to the industrial extractive fishing activity, in those fisheries which are not declared in the full exploitation schemes, in the recovery or incipient development fisheries referred to in the second and third subparagraphs of this Title. If the activity requires the use of fishing vessels of any type, they must be registered in Chile, in accordance with the provisions of the Law of Navigation. Article 2 °.-Persons interested in developing industrial fishing, shall request, for each ship, a fishing authorization to the Subsecretariat, which shall be delivered by means of a resolution founded by the Deputy Secretary, prior to the technical report of the Service. An extract from the resolution, drawn up by the Secretariat, shall be published in the Official Journal, at the expense of the person concerned, within thirty days from the date of the respective decision. The refusal of a request in accordance with the provisions of Article 6 shall be carried out at the request of the Deputy Secretary. The fishing authorisation shall enable the vessel to carry out extractive fishing activities, on the species and areas listed therein, for an indefinite period of time, in accordance with the rules in force. The fishing authorisations granted by the Sub-Secretariat to a ship shall all be referred to the same person. The fishing authorisation may not be used, leased or provided for other rights for the benefit of third parties to any degree, without prejudice to its transmissibility. Article 3.-Persons interested in obtaining a fishing authorization must submit in their application the following antecedents: (a) Identification of the person applying for the authorization, who must certify their domain on the ship for which it applies for fishing authorisation. If the person has a right on the ship, different from the domain, he must prove it in the same way and have a future life of at least six months; b) Identification of the hydrobiological species to be exploited and the area of fishing in the The purpose of which is to develop the extractive fishing activities; (c) Identification and characteristics of the vessel to be used; and (d) Specification of the gear, system or fishing gear to be used. The application must be fully dealt with within 90 days of submission from its submission. The Sub-Secretariat may decide to extend this period to 180 days from the same date. Article 4 °.-In the case of being the applicant a natural person, must be Chilean or foreign who has permanent permanence. If the applicant is a legal person, it must be legally constituted in Chile. If there is a participation of foreign capital in it, it must be credited when appropriate, the fact that the investment was previously authorized, in accordance with the legal provisions in force. Article 5.-Only those applications which have all the records referred to in Articles 3 and 4 of this Title shall be processed; otherwise they shall be returned to the data subject. Article 6.-The application may be refused by a decision based on one or more of the following grounds: (a) to constitute the species or species requested for fishery units declared in the state of full exploitation and to be closed temporarily for access, in accordance with the second subparagraph of this Title; species requested for fishery units declared under recovery or incipient development arrangements, as provided for in the third subparagraph of this Title; (c) For the fishing activity requested, use an art or fishing gear which, by technological effects, capture a hydrobiological species constituting a unit of fishery declared as a system of fisheries in recovery or in the system of incipient development fisheries; or in the form of fisheries on full exploitation, with its access to a closed transit; (d) When the individual vessel in the application has a (e) Where the activity requested is contrary to the rules in force relating to the national fisheries sector. The provisions of this Article are without prejudice to the provisions of Article 9 of Law No 18,575. Article 7 °.-When a hydrobiological species reaches a level of exploitation which justifies it being studied in order to determine whether it should be declared as a unit of fishery in the state of full exploitation, or of a development fisheries system incipient, or of a system of fisheries in recovery, by supreme decree, prior technical report of the Secretariat, will suspend the receipt of applications and the granting of fishing authorizations to capture that species in the area that it establishes the decree, including its accompanying fauna, for a period of not less than six months and not more than one year. Furthermore, by means of a supreme decree and and after the Secretariat's report, the total catch and landing for the suspension period shall be limited, with the average of the catch and landing corresponding to the same period of the two years immediately preceding. After the deadline laid down in the decree and the unit of fishery in the state of full exploitation of the species concerned has not been declared, the general system shall remain in force. Paragraph 2 ° Of the full operating system. Article 8 °.-On the initiative and after technical report of the Secretariat, by means of a supreme decree, a unit of fishery may be declared in full operation with the approval by an absolute majority of the members in exercise of the Council National and the corresponding Zonal Fisheries Council. Article 9 °.-A fishery unit shall be declared in full operation, the Secretariat shall publish, in a semi-annual manner in the Official Journal, a resolution containing the list of industrial shipowners and vessels complying with the requirements for the carrying out of extractive fishing activities in that fishery unit. Article 10.-The fishing authorisations in force, which entitle their holders to carry out extractive fishing activities, in units of fisheries declared in the state of full exploitation and subject to such a system of administration, shall be transferable with the ship, as far as these fishing units are concerned, and indivisible. For these purposes, the Subsecretariat shall grant a certificate stating: the individualization of the industrial shipowner holder of the authorization; the basic characteristics of the vessel and the individualization of the fishing units on the which may operate. These certificates shall be granted at the request of the holder. They shall have an indefinite duration as long as the full exploitation regime is maintained and no safe (a) the use of licences for the use of licences, which may be subject to the authorisation of such licences. Article 11. During the period of the full operation, the Secretariat shall continue to grant fishing authorisations to the fishing vessel owners who request to enter new vessels. However, at the initiative and prior to the technical report of the Secretariat and with the agreement of two thirds of the members of the National Councils and the Zonal of Fisheries which corresponds, by supreme decree, may be suspended, by the deadline of a year, receipt of applications and the granting of new fishing authorisations. Article 12.-The system of full exploitation by the general access regime shall be replaced, on the initiative and after the technical report of the Secretariat and by an absolute majority of the members of the National Council and of the Council Zonal Fisheries Corresponding, by supreme decree. The general system of access will enter into force from the date of publication in the Official Journal of the decree mentioned above, being without effect by the single ministry of law and the certificates awarded, without it being necessary (a) by the Sub-Secretariat and consequently, the authorisations shall, as from the same date, lose their transferability. Article 13.-In the fisheries subject to the full operating system, annual global catch quotas may be fixed for each fishery unit, which shall apply from the following calendar year. Notwithstanding the above, for the year of the declaration of the full operating system, annual global catch quotas may also be fixed for each fishery unit, which shall be governed by the same year. Annual global catch quotas may be allocated in two or more periods of the year. These quotas shall be established by means of a supreme decree, after a technical report by the Secretariat, with consultation of the Zonal Fisheries Council which corresponds to and with the approval of the National Fisheries Council, taken by an absolute majority of its members in exercise. If there is no absolute majority for approval or rejection, the decision shall be taken by an absolute majority of the members present on the second summons. The annual global catch quotas may be amended once a year by the same procedure and majorities as indicated in the previous paragraph. In the event of the presence of natural phenomena which make it clear that the overall quota is to be increased, it may be increased with the approval of the members present at the National Fisheries Council, and shall be informed immediately. Corresponding Zonal Council. Article 14.-On the initiative of the Subsecretariat, in units of fishery subject to the regime of full exploitation, by supreme decree, prior technical report of the Secretariat and with the agreement by absolute majority of the members present of the Corresponding National and Zonal Fisheries Councils, the Sub-Secretariat may be authorized to award annually, through public auction, the right to capture the equivalent in tonnes to five percent of the annual global quota each year. catch. In this case, the annual global catch quota will be set in the same supreme decree. The Sub-Secretariat shall award the fraction auctioned for a fixed period of 10 years, after which the fraction shall again become part of the overall quota. The Sub-Secretariat shall not be able to auction beyond the equivalent of 50% of the annual catch quota to be fixed for each fishery unit declared under full operation. The regulation will determine the procedures for the auction and the establishment of cuts in the rights to be auctioned that allow adequate access to the medium and small shipowners. In the fishery units in which percentages of the annual global catch quotas are auctioned, the receipt of applications and the granting of new fishing authorisations shall be suspended for the respective calendar year. Article 15. The Sub-Secretariat shall, by resolution, annually establish the remaining catch quota to which the holders of fishing authorisations in force in that fishery unit, which shall be equal to the result of discounting, may access the annual global catch quota to be fixed by the corresponding supreme decree, the sum of the results of multiplying the amounts auctioned in force for that global quota. The remaining catch quota may be divided into two or more parities within the year, as well as being divided into two quotas; one, to be captured as a target species; and another, as a companion fauna. The procedure for making the abovementioned amendments shall be as set out in Article 13. Where a remaining catch quota of a species is fixed as a companion fauna, the corresponding supreme decree shall establish the maximum percentage, measured by weight, of the participation of that species in the total catch of the target species, within the period to be set for that purpose. In any case, this percentage shall not exceed 20% by weight. Article 16. The successful tenderers of the auctions shall be granted an extraordinary fishing permit, which shall entitle them to capture annually, from the calendar year following that of the invitation to tender, up to an amount equal to the result of the to make the corresponding annual catch quota for the fixed coefficient determined on the special fishing permit in the respective fishing unit. The original registration of the extraordinary permits and subsequent registrations of the transfers, transmissions or divisions, shall be carried out in the register of extraordinary permits which, per unit of fishery, shall be carried by the Service. The regulation will establish the way to make the original registration of the extraordinary permits issued and their subsequent divisions, transfers and transmissions. Vessels used to exercise the rights acquired through the obtaining of extraordinary fishing permits and which do not have fishing authorisations to operate in the corresponding fishing unit shall be registered. prior to the registration which for these purposes will carry the Service. Registration shall enable the vessel to operate in the fishing unit for a period equivalent to that of the special fishing permit granted to its holder. These ships will have to comply with the current provisions of this law and its regulations, and other current regulations regarding the national fishing sector, and with the law of navigation. Article 17.-During the validity of extraordinary fishing permits in a fishery unit, an overall annual catch quota for that fishery unit shall be established in accordance with the provisions of Article 13. In the event of failure to reach agreement by the Councils to establish the annual global catch quota for a given calendar year and to ensure that extraordinary fishing permits are in force, the final quota set for that year shall be automatically governed by the same rules. fishing unit. Article 18.-The fishing authorisation and the extraordinary fishing permit do not guarantee to their owners the existence of hydrobiological resources, but only allow them, in the form and with the limitations established by this law, to carry out extractive fishing activities in a particular fishery unit. The extraordinary fishing permit shall be divisible, transferable once a year and transmittable; and may be leased and given in comodato. Article 19.-The holders of fishing authorisations, entitled to carry out fishing activities in fisheries declared on full exploitation, may replace their fishing vessels. For these purposes, the Ministry, by supreme decree, after technical report of the Secretariat and consults the National Council of Fisheries, will establish the regulation that establishes the corresponding rules. Article 20.-When a fishery unit is declared in full operation and its access is temporarily closed, the artisanal fishing register must be closed for the same period in the corresponding regions and species, conformity with the provisions of the heading relating to small-scale fishing. Artisanal fishing vessel owners who have exercised in that fishery unit extractive activities prior to the date of entry into force of the decree declaring that fishery in the state referred to above and which are located registered in the craft register in the corresponding fishery, may continue to carry them out without giving up their character of the craft, and must comply with all the requirements for the delivery of information that the regulation will have in effect. Article 21.-The holder of a fishing authorization operating a ship by altering the basic characteristics entered in it shall be subject to a fine of which the amount shall be equal to the result of the multiplication of the tonnes of registration Gross of the infringing nave by average monthly tax unit in force at the date of the judgment. The ship that originated the infringement shall not be allowed to operate again, while the holder of the fishing authorisation does not restore the characteristics specified in that authorisation. Article 22.-To the holder of an extraordinary fishing permit which will exceed his individual allocation in a calendar year, he shall be deducted twice the excess incurred in the amount corresponding to him in the calendar year immediately following. If you do not use the total of your individual allocation in a calendar year, you cannot transfer the balance to or after the subsequent years. Article 23.-In case of change in the ownership of an extra-ord permit During the calendar year, the new holder shall only have the right to use the remainder not consumed by the original holder. Article 24.-If an extraordinary permit is terminated by the resignation of its holder or by the effect of the declaration of its expiration, the Secretariat shall award it by auction for a period equivalent to what it will take away from its validity. Article 24a.-At the initiative and prior technical report of the Secretariat, during the first half of each year, by means of a supreme decree, the areas of the fishery units declared under full exploitation may be modified, with the approval by an absolute majority of the members of the National Council and the Zonal of Fisheries concerned. Paragraph 3 of the system of fisheries in recovery or incipient development. Article 25.-By supreme decree, after technical report of the Secretariat, with consultation of the Zonal Council of Fisheries and with the approval by the absolute majority of the members in exercise of the National Council, in the fisheries in the state of overexploitation, in which it is shown that the hydrobiological resource is in recovery, declared under the system of fisheries in recovery and the Sub-Secretariat is authorized to award the right annually to the public auction to capture, each year, the equivalent, in tonnes, to ten per cent of the overall annual catch quota. From the date on which a fishery is declared on a recovery basis, all fishing authorisations relating to those fishery units shall expire by the sole ministry of the law. While maintaining the validity of this scheme, no new authorisations will be granted. The regulation will determine the procedures for the auction and the establishment of cuts in the rights to be auctioned that allow adequate access to the medium and small shipowners. Successful auction recipients shall be granted an extraordinary fishing permit which shall entitle them to capture annually, for a period of ten years, up to an amount equivalent to the result of multiplying the overall annual catch quota. corresponding to the fixed coefficient awarded in the respective fishing unit, and shall begin to apply from the calendar year following that of the award. For the purpose of auctioning during all the years of validity of this system, in the first public auction the total annual quota of capture will be awarded for a term of ten years, granting extraordinary permits of fishing with a variable coefficient, which will decrease by ten per cent each year. From the second year of validity of the first award, cuts of ten percent each year will be auctioned each year, which will be obtained during the first ten years through the discount or proportional to all the successful bidders they are in possession of the original special fishing permits granted for that purpose. The awarding of these auctions shall be granted extraordinary fishing permits with the same characteristics as indicated in the preceding paragraph. Article 26.-By supreme decree, after technical report of the Secretariat with consultation of the Zonal Council of Fisheries and with the approval by the absolute majority of the members in exercise of the National Council, in those units of fisheries that are Qualify as incipient fisheries to be declared under incipient development fisheries and the Sub-Secretariat shall be authorised to award annually, by public auction, the right to capture the equivalent, in tonnes, Ten percent of the annual global catch quota. The shipowners who, at the time of publication in the Official Journal of the above mentioned supreme decree, show that their fishing authorisation is in force for the development of extractive fishing activities in the relevant fishery unit, may continue to unroll them for a period of three years from the date specified above, after which an extraordinary fishing permit shall be assigned to them, with the average percentage resulting from dividing their average annual catch by the corresponding annual global average catch quota in the same period. This permit will last for ten years. In case of no authorizations in force at the time of the publication of the aforementioned decree, the Secretariat shall, at the first auction, allocate one hundred percent of the annual global catch quota. Otherwise, only the fraction corresponding to ninety per cent of that quota shall be auctioned. As long as this regime is in force, no fishing authorisations will be granted. The characteristics of these extraordinary permits and the award procedure shall be those laid down in Article 25. Paragraph 4 ° Common rules. Article 27. It shall be for the Service to carry the registration of the shipowners and their vessels corresponding to the authorizations and permits. The Service shall, at the request of the party, register them and extend to its holder a certificate certifying the registration. Registration is an enabling solemnity for the exercise of the rights inherent in the authorizations or permits. In order to register fishing vessels, they must be registered in Chile and comply with the provisions of the Law of Navigation. Article 28.-The holder of an authorization or permit shall inform the Service in writing, in the manner determined by the regulation, of any modification that may occur with respect to the information contained in the registration, within the period of thirty working days, counted from the occurrence of the event. For the purposes of this law, the holder of an authorisation or permit which is registered in the register shall be responsible. Article 29.-The holders of fishing authorisations and permits shall pay annually a single fishing patent for tax benefit, for each vessel carrying out extractive fishing activities, corresponding to 0.5 monthly tax unit per year. each ton of bulk register, for ships of up to 100 tons of gross registration; of 1,0 monthly tax units for each tonne of bulk register for ships larger than 100 and up to 1,200 tons of gross registration; and of 1,5 units monthly taxes for each ton of bulk register, for ships larger than 1,200 tons of coarse record. The value of the monthly tax unit will be the one that rips at the moment of the effective payment of the patent, which will be carried out in two equal installments, payable in the months of January and July of each calendar year. Notwithstanding the foregoing, the direct contributions made by the agents to the Pesquera Research Fund during the annual financial year immediately preceding the year in which the payment of the single fishing patent corresponds, constitute a credit that can be reached up to the equivalent of one hundred percent of its value. For these purposes, the contributions in money will be expressed in monthly tax units of the date of their receipt by the Pesquera Research Fund, multiplied by a factor equal to: 1 + 0.015 (N + 3), with N being the number of full months missing for the term of the calendar year in which the contribution has been received. The values set out in the first paragraph of this Article shall not be increased as long as the annual contribution of the agents to the Pesquera Research Fund exceeds the annual contribution made by the State to the Fund, ceiling equivalent to 150,000 monthly tax units. Craft vessels are not affected by the payment of the single fishing patent. Chilean fishing vessels, whose crew consists of at least 85% per national and who carry out fishing activities exclusively on the high seas or in the face of the fishing vessel, shall be exempt from the payment of a single fishing patent. Article 30.-When the holder of an authorization or permit is a legal person with a contribution of foreign capital, the fishing vessels that he requires to do so shall be registered in his name, in accordance with the provisions of the law of Navigation. Article 30a.-In those matters which are required for approval by the Zonal Councils or the National Fisheries Council, they may be convened by their respective President on a second summons with no less than three days after the first and sessionan with the members present, taking the resolutions with the required majorities in each case, but referring to the effective assistance to the corresponding session. Article 31.-The money to be paid as a result of the public auctions referred to in Articles 14, 24, 25 and 26 of this Title shall be expressed in monthly tax units of the date on which the auction has been carried out and shall be divided in so many annuities as years of validity have the extraordinary fishing permit to be granted. The corresponding annual payments shall be made in the month of December of the year preceding the year corresponding to them, to the value of the monthly tax unit of that date. However, the first of these payments shall be made at the date of the award of the auction. ' C.-Replaced Article 84 by the following: " Article 84.-prohibit fishing activities in the former waters, territorial waters or exclusive economic zone by vessels or vessels flying the flag of a foreign flag, unless they are specially authorised to carry out research fishing. The violators will be punished with an equivalent fine, in pesos, of one hundred to one hundred and fifty, at the daily value set by the Central Bank of Chile at the time of payment, for each ton of gross registration of the ship in fractora. In addition, the captured hydrobiological species will fall on a comiso, as well as the gear and fishing gear used. In the event of recurrence, the fine shall be doubled. If the commission of an offence is surprised, the ship must be taken and driven to a Chilean port, where it will be held at the disposal of the competent court, which may decree that the ship's sail from the port or place in which it is prohibited shall be prohibited. are found, as long as a sufficient guarantee is not provided to respond to the amount of the corresponding penalty. This measure shall be fulfilled by notification to the maritime authority of the place where that authority is located, or by trade or notification to the Director General of the Maritime Territory and Merchant Marine, if the ship is not within the jurisdiction of the court which has decreed the measure. Prior notification to the person against whom the measure is requested shall not be required. The court may communicate the measure by telegram, telex or other means. ' D.-Reposition Article 93 by the following: " Article 93.-The knowledge of the proceedings for infringements of this law shall be the responsibility of the civil judges with jurisdiction in the communes where they have been committed or where they have been committed. the principle of enforcement. If the offence is committed and has a principle of enforcement in the territorial sea or in the exclusive economic zone, the civil judge in the cities of Arica, Iquique, Antofagasta, Chanaral, Coquimbo, Valparaiso, San Antonio, Talcahuano, will be competent. Valdivia, Puerto Montt, Castro, Puerto Aisen, Punta Arenas or Easter Island. In the case of violations committed within the exclusive economic zone by ships flying the foreign flag, the civil judge of the cities of Iquique, Valparaiso, Talcahuano, Puerto Montt, Puerto Aisen or Punta Arenas will have jurisdiction. It will be up to the court nearest to the place where the infringement was committed. In places where more than one court has the same jurisdiction, the knowledge to which it is competent shall correspond to the provisions of Articles 175 and 176 of the Organic Code of Courts. Article 93 (a).-To the judgments referred to in the preceding article, the following procedure shall apply: 1) Officials of the Service and personnel of the Navy and of Carabineros, who are surprised by violations of the rules of the present law and its regulations, shall report them to the court and shall personally quote the defendant if he is present, or in writing if he is absent, by note that the address of the infringer, or on the ship or in the ship, shall be left in a visible place; vessel used. The law or regulation infringed and the approximate place or area of the sea in which the offence was committed, where appropriate, shall be noted. The provisions of Article 28 of Law No 18.287, on proceedings before the Local Police Courts, shall apply to these infringements, without prejudice to the provisions of this law. In this note you will be quoted to appear at the nearest audence, indicating day and hour, under the warning of proceeding in your rebellion. A copy of this citation must be accompanied by the complaint. The complaint shall be made on demand for all legal effects. The complaint thus lodged shall be presumed to have committed the infringement. (2) The judge shall question the defendant in the hearing indicated and if the examination results in substantial, relevant and controversial facts, he shall fix the test points and shall quote the parties to the case, which shall take effect on a date. Where possible, it shall not exceed 10 days, and to which the parties shall be personally or represented in accordance with the law, with their witnesses and other means of proof, under the warning of a rebellion by the assistant. For the purposes of the testimonial test, the parties must present the list of their witnesses, indicating their names, profession or office and residence, with at least two days in advance of the one set for the comparison. Each party may present two witnesses for each test point, with a maximum of six. (3) The parties may submit observations or additions to the complaint or defence at the first hearing, which shall be recorded in writing. (4) The judge may require the appearance of witnesses, under the legal warnings referred to in Article 380 of the Code of Civil Procedure and shall appreciate the evidence rendered in accordance with the rules of sound criticism. (5) The judge must give immediate judgment, if in his judgment there is no need for probative proceedings. The best-to-resolve measures that you consider to be the case shall be taken at the earliest opportunity, which may not exceed five days. (6) The judgment must be given within 10 days after the process has been in the state of failing. (7) The judgment shall express the date, the individualisation of the parties, a summary of the matter at issue, a brief analysis of the evidence rendered, the judgment of the case and the legal and regulatory rules in which it is founded. The sentence, once executed, will have executive merit and its compliance will be made effective before the same court. (8) Resolutions shall be notified by registered letter, which shall contain a full copy of those. The notification by registered letter after an additional period of three days, after the date of his release by the office of the respective post, shall be deemed to be legally practiced in the book which the Secretary of the Office must carry out for that purpose. Court. The final judgment imposing a fine on the infringer must be notified by a cedula. 9) The fines applied by the courts referred to in this law must be heard in the corresponding Communal Treasury within ten days. The Community Treasurer shall issue a duplicate receipt, deliver one copy to the offender and send another copy to the court at the latest on the day following the payment. The Registrar of the court will add receipt to the cars, leaving in them constancy of the payment of the fine. The fines and the proceeds of the auctions of the seized goods shall be allocated 50% for the municipal benefit of the commune in which the offence was committed or against whose costs the offence was committed and 50% for the benefit of the Fund for the Promotion of Fisheries (10) If the period of five days referred to in the preceding number is not satisfied, the payment of the fine shall not be credited, the arrest warrant shall be issued against the infringer. A warrant for arrest may not be suspended or left without effect, but on the order of the court which issued the order, which was founded on the payment of the fine. The award referred to in the preceding points shall be cumulative; therefore, for the first 30 monthly tax units, one day of imprisonment shall be applied for each monthly tax unit; if the fine is greater than 30 units Monthly taxes and no more than 300 monthly tax units, one day of imprisonment for each 5 monthly tax units will be applied; and if you exceed 300 units per month, one day of imprisonment will be applied for every 10 tax units monthly. If the sentenced person does not have the goods to satisfy the fine imposed, he shall be sentenced to one day for each monthly tax unit, without exceeding six months. 11) In order to make effective the enforcement of the sanction and the practice of the proceedings it decrees, the judge may require the assistance of the public force, directly from the head of the respective unit most immediately to the place where the resolution or diligence, even outside its jurisdiction. (12) Against the final judgment, only the appeal to the Court of Appeal, which must be brought within ten days, from the notification of the party that can be brought, and the appeal shall be lodged against the final judgment of the Court of Appeal. On the basis of the above, the appellant must state the specific requests it makes in respect of the decision appealed. In order to bring an appeal, it will be necessary to enter up to 50% of the fine that is imposed, a percentage that the judge will point out, and which must be heard in the current account of the court of the case. A decision determining the percentage of the fine to be entered shall not be subject to any appeal. The orders shall be sent to the Court of Appeal on the third day of notification of the decision granting the last appeal. The parties shall be deemed to be placed in the second instance by notifying them of the appeal. Decisions to be taken in this instance shall be notified by registered letter and exclusively to the parties which have appeared. (13) In the case of infringement of this law or of its regulations, the appeal shall not be adhered to, nor shall the appearance of the parties at second instance be necessary, in accordance with the rules laid down in the Code of Civil procedure for the appeal of the incidents. These causes will be preferred for your hearing and your knowledge will be strictly adjusted to the order of your entry to the court. Without prejudice to the third indent of Article 69 of the Organic Code of Courts, one day each week must be designated, at least, to be known to them, the tables being supplemented, if there is not sufficient number, in the form which (14) The Court of Appeal may admit to the parties those evidence which they have not been able to render in the first instance, but the testimony shall not be admissible. The confessional may only be admitted once to each party. The measures to better resolve that decree the trib unal of the show will not be extended to the testimonial proof nor to the confessional. 15) The Courts of Appeal shall only hear pleadings when they consider that there are reasonable grounds. 16) If it appears from the background of the case that the court of first instance has omitted to rule on any action or exception made in the judgment, the Court shall rule on it. It may also fail to deal with the matters dealt with in the first instance and in respect of which the judgment has not been delivered because it is incompatible with the case-law. In any event, the Court shall, at any rate, invalidate the judgment in appeal, when it appears that a procedure or due diligence has been lacking which is of an essential nature or that influences the device of the judgment. In the same judgment, it shall state the state in which the proceedings are to be brought and shall return the cause within the second day of the decision, unless the vice which gives rise to the invalidation of the judgment is one of those referred to in the causal numbers 4a., 6a., and 7a. Article 768 of the Code of Civil Procedure and in having been pronounced with omission of any of the requirements listed in Article 432, in which case the same court shall, on a continuous and without new view, but separately, to issue the judgment in accordance with the law. (17) The judgment shall be delivered within five days from the end of the hearing. The Court of Appeals will take charge in its ruling of the arguments put forward by the parties in the writings that the Court of Appeal will present to it. If the judgment is delivered, the file will be returned, within the second day, to the court of origin, in order to comply with the judgment. The appeal shall not be brought against the judgment of the Court of Justice. Article 93 (b).-infringements of sport fishing on the sea shall be the subject of jurisdiction of the courts referred to in Article 93. Those committed in fresh waters shall be the responsibility of the local police courts and shall be substantiated in accordance with the procedure laid down in Article 93 (a). Article 93 (c).-The first instance of the offences relating to the rules of the fisheries sector shall correspond to the courts of the crime in whose jurisdiction or maritime projection, including the territorial sea and the economic zone. exclusive, the existence of the same is surprised. Article 93 (d).-Received as a complaint or complaint, filed by persons other than officials of the Service, the courts shall inform the respective Regional Directorate of the Service of the fact that a process has been initiated for infringement of the rules on fisheries. ' E.-Replace Title XII by the following: " TITLE XII. Of the Fisheries Councils. Paragraph 1 Of The National Fisheries Council. Article 1.-Create an agency, called the National Fisheries Council, which will contribute to the effective participation of the agents of the fisheries sector at the national level in matters related to the activity of fisheries and aquaculture. The National Fisheries Council shall have a resolutive, consultative and advisory character in matters which the law establishes. It shall issue its opinions, recommendations, proposals and technical reports duly substantiated to the Secretariat, in all matters referred to in this law, as well as in any other sector of sectoral interest. The National Fisheries Council will be based in the city of Valparaiso and will be held in the offices of the Secretariat. Article 2.-The National Fisheries Council shall be chaired by the Deputy Secretary, who shall appoint an official of the same entity to exercise the position of Executive Secretary and Minister of Faith. In the absence of the Undersecretary, the sessions will be chaired by the National Director of the Service. The Director General of the Maritime Territory and the Merchant Marine; (b) The Director of the National Fisheries Service, and (c) The Executive Director of the Institute for Fisheries Development. 2. Four representatives of the legally constituted business associations of the business sector, appointed by the respective organizations, among which the industrial shipowners, the small and medium-sized enterprises will have to be represented shipowners, industrial plants for the manufacture of sea products and fish farmers. At least one of the members linked to the extractive and processing fishing activities, must also come from each of the following macro fishing zones of the country: from the I to the IV Region; from the V to the IX Region and the Ocean Islands; and from the X to XII Region. 3. Four representatives of the legally constituted labor union organizations, designated by their own organizations, where the officers of fishing vessels, the crew members, will have to be represented. (a) workers at sea-based processing plants and artisanal fishermen, and 4. Seven members nominated by the President of the Republic, with the agreement of the three-fifths of the Senate. Among these members, at least one professional with a specialty in ecology, a university professional related to the sciences of the sea, a lawyer and an economist, should be nominated. The members representing the institutional sector will last in their duties while they remain in office. The members of the Council, representatives of the business and labor sectors, and those nominated by the President of the Republic, will last four years in their posts. The regulation shall determine the procedure for the election of the members, where appropriate. By supreme decree, to be published in the Official Journal, the President of the Republic will officiate the definitive nomination of the members and alternate members of the National Fisheries Council. Members shall not receive remuneration. Article 3.-The National Fisheries Council may be referred to by its President or by seven members of the Board of Directors and shall meet with a quorum of 12 of its members. Where the required quorum is not given, for the purposes of the second indent of Article 13 of Title III, it may be held with the members present. In its first constituent session, it shall establish its rules of internal operation, considering at least one regular session every three months. Article 4.-The matters to be dealt with in the sessions of the National Fisheries Council shall be duly documented. The opinions and recommendations made and the proposals submitted by the members of the Council during these sessions shall be recorded in minutes, which shall be of public knowledge. Any Council resolution shall be based on at least one technical report. In addition, five members will have the right to provide a second similar report. The maximum period for the evacuation of technical reports by the Council shall be one month from the date of formal notice, except where a different time limit is given in this law. After the deadlines, the Secretariat and the Ministry will be able to do without them in the decision-making process. The technical reports shall state the views of the majority and the minority, where appropriate. Article 5 °.-In addition to the matters in which the law establishes the participation of the National Fisheries Council, the Secretariat shall consult it on the following: (a) on the National Fisheries Development Plan; (b) on the Fisheries Policy International; (c) on amendments to the General Law on Fisheries and Aquaculture; (d) on measures to promote artisanal fishing; and (e) on the National Fisheries Research Plan. The National Fisheries Council may also refer to other sectoral matters which are deemed relevant, with the power to request the necessary technical background from public or private sector bodies, through its President. Members may present to the sectoral authorities the facts which, in their opinion, affect fishing activities, hydrobiological resources and their environment. The National Fisheries Council, acting by an absolute majority of the members present, may require initiatives from the Under-Secretary in any matter of its competence, which may be refused by a decision only. Paragraph 2 of the Zonal Fisheries Councils. Article 6-Creanse five zonal organisms, known as the Zonal Fisheries Councils: One in the area corresponding to the I and II Regions, based in the city of Iquique; one in the area corresponding to the III and IV Regions, based in the city of Coquimbo; One in the zone corresponding to the V, VI, VII, VIII and IX Regions and Ocean Islands, based in the city of Talcahuano; One in the area corresponding to the X and XI Regions, based in the city of Puerto Montt, and One in the area Chile's XII Region and Antarctic, based in the city of Punta Arenas. The Zonal Fisheries Councils shall contribute to decentralising the administrative measures adopted by the authority and to making the participation of the fishing operators at the zonal level effective, in matters relating to fishing activities and aquaculture. They shall be of an advisory or resolutive nature, as appropriate, in matters which the law establishes. Article 7 °.-The Secretariat shall consult the Zonal Fisheries Council when the Ministry or the Ministry itself is required to establish decrees or resolutions, as appropriate, on those matters in which the same law establishes the obligation of its consultation. The Sub-Secretariat shall also consult the Zonal Fisheries Council with respect to the fisheries and aquaculture research plan for the area concerned. The maximum period for the Zonal Councils It shall be one month from the date of the request, unless the law specifies a different time limit. If such time-limits have been completed and the Councils have not acted, the Ministry or the Secretariat may dispense with such replies, approvals or technical reports. The Zonal Fisheries Council shall also make its views, recommendations and proposals, by duly substantiated technical reports, reach the Secretariat, the National Fisheries Council and the Regional Fisheries Service, that the law should establish it. Article 8 °.-The Zonal Fisheries Councils shall be composed of: (a) The Zonal Director of the Service, who shall chair him, and a Regional Director of the National Fisheries Service of the respective area. (b) The Maritime Governor of the Zonal Council. c) The Zonal Director of the Institute of Fisheries Development. d) A Regional Ministerial Secretary for Planning and Cooperation in the respective area. (e) A Ministerial Secretary for Economic, Development and Reconstruction of the respective area. f) Two representatives of universities or professional institutes in the area, recognized by the State, linked to academic units directly related to the Sciences of the Sea. The designations referred to in points (a), (d), (e) and (f) shall be distributed in such a way that at least two Regions are represented if the area comprises more than one. (g) Four members representing the legally constituted trade associations of shipowners; small shipowners; processing plants for fishery products; and holders of concessions or authorisations for aquaculture in the area; as appropriate. In the Zonal Council of the I and II Regions, one of them will represent the industrial shipowners of the reduction industry; the other, the industrial shipowners of products for direct human food; another, the small shipowners Industrial plants, and a quarter, to industrial plant processing plants for fishery products. In the Zonal Council of III and IV Regions, one of them will represent the industrial shipowners; the other, the small industrial shipowners; the other, the industrial plants of processing plants of fishery products, and a quarter, to the fish farmers. In the Zonal Council of the V, VI, VII, VIII and IX Regions and the Ocean Islands, one will represent the industrial shipowners of pelagic fishing; another, the industrial shipowners of demersal fishing; another, the small industrial shipowners, and a fourth, to the industrial plant processing of fishery products. In the Zonal Council of the X and XI Regions, one will represent the industrial shipowners; the other, the small shipowners; the other, the industrialists of processing plants of fishery products, and a quarter, to the fish farmers. In the Zonal Council of the XII Region and the Chilean Antarctic, one will represent the industrial shipowners; the other, the small industrial shipowners; the other, the industrial plants of processing of fishery products, and a quarter, the fish farmers. (h) Four members representing the associations of special ships ' officers; crew members of special ships; workers of the industry, and artisanal fishermen, all of whom are legally constituted. (i) shall also include the Zonal Councils, a representative of all non-profit legal entities which, in their statutes, have as their fundamental object, jointly or separately, two of the following purposes: defence of the environment or preservation of natural resources or research. This representative before each Zonal Council shall be appointed by the President of the Republic. In the event that the Zonal Council brings together more than one region, the composition must be equitable in order to ensure the public and private representation of the regions with relevant fishing activities. The Minister of Planning and Cooperation shall be appointed to the President of the Republic by the Minister for Planning and Cooperation, who shall be appointed by the Minister for Planning and Cooperation, to the President of the Republic. The Adviser to the letter (e) and his alternate shall be proposed to the President of the Republic by the Minister for Economic Affairs, Development and Reconstruction and elected from among the Regional Secretaries of the Ministry of Economy, Development and Reconstruction of the region. respective. The members referred to in point (f) and their alternates shall be proposed to the President of the Republic by the rectors of the universities or professional institutes in the respective area, who have an academic unit linked to the Sciences of the Sea The members of the Council referred to in (g) and (h) and their alternates shall be elected by the trade associations, trade unions and trade unions of undertakings or cooperatives, as appropriate. By supreme decree, to be published in the Official Journal, the President of the Republic will officiate the definitive nomination of the members and alternate members of the Zonal Councils of Fisheries. The same person may not be simultaneously a member of a Zonal Council and the National Fisheries Council. The members of the Zonal Fisheries Councils shall last in their duties while their nominations are in force by the President of the Republic or as long as they hold their posts, as appropriate, with a maximum period of four years for the first, finished which must be replaced. The Zonal Fisheries Councils shall meet, with a quorum of ten of their members in office, in the form and opportunity of their own rules of procedure. This will determine the rules of its internal functioning and the mechanisms for linking it with the Secretariat and the coordination with the National Fisheries Council, among others. The Zonal Councils will be able to set the place of their sessions in any Region understood within the respective area and not only in the host city. Any resolution of the Zonal Councils shall be founded upon consideration of at least one technical report. In addition, a number of members who will fix the regulation will have the right to provide a second report of a similar rating. In addition, the opinions and recommendations made and the proposals submitted by the members of the Zonal Fisheries Councils during the sessions will be recorded in minutes, which will be of public knowledge. Members of the Zonal Councils will not receive remuneration. Paragraph 3 of the Regional Fisheries Councils. Article 9 °-Regional Intrends shall create Regional Fisheries Councils where significant fishing or aquaculture activity exists in the respective region. Article 10.-The composition of the Regional Fisheries Councils shall be as follows: (a) The Regional Director of the Service, or his/her alternate, who shall preside; (b) Four institutional representatives, one of whom shall be a university or institute linked to academic units or studies related to fishing activities, and a representative of the maritime authority; (c) Four representatives of the fisheries business sector, according to the relevant activities of the Region, and (d) Four labour sector representatives, two of whom will be from the craft sector. Article 11.-The main function of the Regional Councils will be to identify the problems of the fisheries sector at the regional level, to discuss them and to draw up proposals for solutions and technically substantiated reports, which will be through the Regional Mayor, the Deputy Secretariat and the corresponding Zonal Fisheries Council. Article 12.-Members of the Regional Fisheries Councils shall not receive remuneration. " F.-Add, as last, the following permanent article: " Article F. 1.-Correspond to the National Navy and the Subsecretariat to carry a relationship of fishing activities carried out in the area defined as the Present Sea, by virtue of the international basic treaties and agreements which have been or have been concluded in this respect. '; G.-Reposition the transitional articles 1 °, 4 ° and 7 ° for the following: " Article 1 °.-To count from the date of publication of this law, the following units of fishery are declared in a state of full exploitation: (a) pelagic fishing of the Spanish sardine species (Sardinops sagax) in the area of fishing for the coast of Regions I and II, from the limit set by Article 29 permanent or by the decision to be taken in accordance with this Article the same article, up to the West limit corresponding to the imaginary line drawn at a distance of 120 nautical miles measured from the normal baselines; b) pelagic fishing of the species anchoveta (Engraulis ringens), in the fishing area corresponding to the coast of Regions I and II, from the limit set by Article 29 permanent or by the judgment given in accordance with this Article, up to the West limit corresponding to the imaginary line drawn at a distance of 120 nautical miles, measured from the normal base lines; (c) Pelagic fishing of the species Horse mackerel (Trachurus murphyi), in the fishing area corresponding to the coast of Regions I and II, from the limit set by Article 29 permanent or by the decision to be issued in accordance with the same Article, up to the Western limit corresponding to the imaginary line drawn at a distance of 200 nautical miles, measured from the baselines (d) pelagic fisheries of the species horse mackerel (Trachurus murphyi), in the area of fishing for the coast of the Regions V to IX, from the limit set by Article 29 permanent or by the decision to be taken in accordance with this Article the same article, until the limi West te corresponding to the imaginary line drawn at a distance of 200 nautical miles, from the normal baselines; e) Demersal fishing of the species prawn colorado (Pleuroncodes monodon), in the area of fishing corresponding to the coast of Regions V to VIII, from the limit set by Article 29 permanent or by the decision to be issued in accordance with this Article, up to the West limit corresponding to the imaginary line drawn at a distance of 60 nautical miles, measures from the normal baselines; (f) Demersal fishing for the common hake species (Merluccius gayi), in the area of fishing for the coast of Regions IV up to the parallel 41 ° 28.6 ' of South latitude, from the limit set by Article 29 permanent or by the decision to be issued in accordance with this Article, up to the West limit corresponding to the imaginary line drawn at a distance of 60 nautical miles, measured from the normal base lines; g) Demersal fishing of the southern hake species (Merluccius australis), in the fishing area corresponding to the coast between latitude 41 ° 28.6 'South latitude and latitude 47 ° 00' South, from the limit set by Article 29 permanent or by the decision to be issued under the same Article, up to the West limit corresponding to the imaginary line drawn at a distance of 60 nautical miles, measured from the straight-base lines; (h) Demersal fisheries of the southern hake species (Merluccius australis), in the fishing area corresponding to the coast between latitude 47 ° 00 'South latitude and latitude 57 ° 00' South, from the limit Is fixed in Article 29 on a permanent basis or by the judgment given in accordance with this Article, up to the limit corresponding to the imaginary line drawn at a distance of 80 nautical miles, measured from the straight baselines; (i) Demersal fishing for the golden conger species (Genypterus blacodes), in the fishing area corresponding to the Coast between latitude 41 ° 28.6 'South latitude and latitude 47 ° 00' South latitude, up to the West limit fixed by Article 29 permanent or by the judgment given in accordance with the same Article, up to the Western limit corresponding to the imaginary line drawn at a distance of 60 nautical miles, measured from the baselines Straight lines, and (j) Demersal fishing of the confrered species (Genypterus blacodes), in the area of fishing corresponding to the coast between latitude 47 ° 00 'South latitude and latitude 57 ° 00' South, from the limit East fixed by Article 29 permanent or by the decision to be issued under this same article, up to the limit corresponding to the imaginary line drawn at a distance of 80 nautical miles, measured from the straight baselines. Article 4 °.-The fishing units referred to in points (a), (b), (c), (d), (f), (g), (h), (i) and (j) of Article 1 (1) shall be subject to the full operating system and shall be granted a certificate to each ship complying with the requirements. entered in Article 8 of Title III of this Law and in accordance with the provisions of Article 10 of Title III. In the fishery units referred to in the preceding subparagraph, the Sub-Secretariat shall not, by public auction, award the right to capture a fraction of the annual global catch quota referred to in Article 14 of Title III, for a period of three years, counted from the date of entry into force of this law. The fishery unit referred to in Article 1 (e) shall be treated in the same way as the recovery fisheries scheme and the corresponding auctions shall be carried out during the second half of 1991. The special permits granted shall begin to apply from the first day of the following calendar year. From the date of entry into force of this law and until 31 December 1991, the Secretariat shall suspend the receipt of applications and the granting of the corresponding authorisations for the fishery units identified in this Regulation. Article. Article 7 °.-To be temporarily suspended, to count from the date of entry into force of this law and until 31 December 1991, the registration in the artisanal register, fishery section of swordfish (Xiphias gladius), for having reached the state of full exploitation. Furthermore, for the same period, suspend the entry of new applications and the granting of fishing authorisations to industrial fishing vessels for this fishery. The industrial ships that have valid authorization and that have recorded capture of this species in the Service during the year prior to the entry into force of this law, will be subject to the regime of full exploitation. Craft craft larger than 15 tonnes of bulk register, which have a current resolution of the Secretariat, shall be construed as being registered in the craft register, in the fishery section of swordfish, in the Regions. corresponding. Craft craft of up to 15 tonnes of gross registration, which have a certificate issued by the Service certifying that these vessels operate in the swordfish fishery, shall be understood as being only registered in the register craft. " H.-Add the following transitional articles: " Article H. 1.-The single fishing and aquaculture patents to be paid during 1992 shall be reduced by 20% in respect of their total value. For the calendar year 1991, the contributions made by the industrial shipowners to the Institute for Fisheries Development, for the purposes of the direct evaluation of hydrobiological resources in the territorial sea and in the economic zone Chile exclusive and which have the prior approval of the Secretariat, shall constitute a credit against the payment of the single fishing patent referred to in Title III of this Law, corresponding to the year 1992. For these purposes, the contributions in money will be expressed in monthly tax units to the date of their receipt by the Institute of Fisheries Promotion, multiplied by a factor equal to: 1 + 0,015 (N + 3), with N being the number of full months missing for the term of the calendar year 1991. Article H. 2.-The Secretariat shall be empowered to suspend the granting of new fishing authorisations, in 1992, for those units of fishery under the full exploitation referred to in the Articles 4 ° and 7 ° transients of this law. Article H. 3. The declarations of full exploitation and closure of the fisheries shall expire on 1 January 1993, unless the National Council and the Zonal Fisheries Councils resolve to maintain these measures in accordance with the procedure laid down in this law. Article H. 4.-The Ministry or the Secretariat may dispense with the consultations, reports or approvals of the Fisheries Councils as long as they have not been established. " Article 2.-Facultate the President of the Republic so that, by means of supreme decree, issued through the Ministry of Economy, Development and Reconstruction, set the recast, coordinated and systematized text of the General Law of Fisheries and Aquaculture. ' Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, August 28, 1991.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Carlos Ominami Pascual, Minister of Economy, Development and Reconstruction. What I transcribe to you for your knowledge.-Salute to you-Andres Couve Rioseco, Assistant Secretary for Fisheries.