Modifies Law No. 18.892, General Of Fishing And Aquaculture

Original Language Title: MODIFICA LEY N° 18.892, GENERAL DE PESCA Y ACUICULTURA

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"Article 1-Introducense the following modifications in the law No. 18.892;" General for fisheries and aquaculture, amended by laws No. 18.959, 18.977, 18.999, 19.009 ° N ° N ° N and N ° 19.043.
A Incorporanse the following definitions in article 2: "target species: are those species living aquatic on which focuses on habitually and main fishing effort of a fleet in a fishery or in a particular fishery unit."
Bycatch: is comprised of species living aquatic that, due to technological art or fishing tackle, are caught when fishing ships to orient its objective the exploitation of species fishing effort.
Fishery in recovery: is the fishery which is overexploited and subject to an extractive veda, of at least three years, with the purpose of their recovery, and where it is possible to set a global annual catch quota.
Incipient fishery: is that fishery demersal or benthic subject to the general regime of access, which can be set a global annual fee, in which fishing effort is not carried out or trap this is considered in terms of catch of the species reduced to ten percent of the fee objective and for which there is a substantial number of interested parties for participating in it.
Resource overexploited: is that resource hydrobiological whose level of exploitation is greater than recommended technically for its conservation in the long term.
Special fishing permit: is the administrative act by which the Secretariat through the procedure laid down in this law empowers people awarding of individual catch quotas for extractive fishing activities, for the time of validity of the permit, at fisheries declared in full exploitation regimes or in fisheries in development or in fisheries in recovery.
Fishing effort: action developed by a unit of fishing during a defined time and about a certain hydrobiological resource.
Eye sea: is that part of the high seas, the international community between the limit of our exclusive economic zone, continental and the Meridian which extends from the parallel of the landmark N ° 1 of the international boundary line that separates Chile and Peru to the South Pole, passing through the West of Easter Island continental shelf edge, existing. "."
B. replace title III with the following: "title III of access to extractive industrial fishing activity.
1st paragraph of the general access regime.
Article 1.-in the territorial sea, with the exception of the reserve for fishing area, and in the exclusive economic zone of the Republic, there will be a general regime of access to extractive industrial fishing activity, in those fisheries that are not declared in full exploitation regimes, in fisheries in recovery or incipient development referred to in the second and third paragraphs of this title.
If the activity requires the use of fishing ships of any type, they must be registered in Chile, in accordance with the provisions of the Act of navigation.
Article 2.-people interested in developing industrial fishing, should ask, for each ship, a fishing authorization to the Secretary, which shall take a decision by founded order of the Undersecretary, technical report of the service. An extract from the resolution, drafted by the Secretariat, to be published in the official journal, at the expense of the party concerned, within thirty days from the date of the respective resolution.
The refusal of a request in accordance with provisions in the sixth article will be made by resolution of the Undersecretary.
The fishing authorization will enable the ship to perform extractive fishing activities, on species and areas indicated therein, for an indefinite time, in accordance with the regulations in force.
Fishing authorisations granting the Secretary to a ship must be concerned all of them to the same person.
The fishing authorization may not be disposed of, leased or constitute other rights to its respect for the benefit of third parties to any title, without prejudice to its transmissibility.
Article 3 °.-people interested in fishing authorization must be submitted in your request the following background: a) identification of the person requesting authorization, who shall prove documents your existing domain over the ship for which it requested authorisation to fish. If the person has a right over the ship, which is different from the domain, you must prove it in the same way and have future validity of at least six months;
(b) identification of the species living aquatic that you want to explode and the fishing area which intends to develop the fishing extractive activities;
((c) identification and characteristics of the ship to be used, and d) specification of art, system or store to use.
Request must be processed completely within a period of 90 days running, from your presentation. The Secretariat may founded extend this period up to 180 calendar days as from the same date.
Article 4.-in the case of the applicant being a natural person, must be Chilean or foreigner with permanent residence.
In the case of the applicant being a legal person, it shall be constituted legally in Chile. If there is foreign equity in it, must demonstrate where appropriate, the fact of having been previously authorized investment, in accordance with the legal provisions in force.
Article 5.-will undergo processing only those applications that have all the background information listed in articles 3 ° and 4 ° of this title; otherwise, they will be returned to the person concerned.
Article 6 °.-the application may be refused by a resolution founded by one or more of the following grounds: to) as o species requested fishery units declared in a State of full exploitation and be closed temporarily access, in accordance with stated in the second paragraph of this title;
(b) to constitute the or species requested fishery units declared in system recovery or development, as provided for in the third paragraph of this title;
(c) because requested fishing use an art or store that technological effects, capture a kind hydrobiological constituting a unit of fishery declared in regime of fisheries in recovery or incipient development fisheries regime; or in regime of fisheries in full operation, with their access temporarily closed;
(d) when the ship individualized application has an existing authorization to a person other than the applicant;
(e) when is the requested activity contrary to existing legislation on the national fisheries sector.
This article is without prejudice to the provisions of article 9 of the law N ° 18.575.
Article 7.-when a hydrobiological species reaches a level of exploitation that justifies that it study to determine if it should be declared as a unit of fishery in fully exploited, or State regime of fisheries development, or regime of fisheries in recovery, by presidential decree, prior technical under-secretariat report, will be suspended the reception of applications and the granting of authorisations for fishing to catch this species in the area to secure the Decree, including their bycatch, for a period not less than six months nor more than one year. In addition, by Supreme Decree and and following a report by the Secretariat, will be limited the catch and the landing total for the period of suspension, having as a maximum average catch and landing for equal period of the immediately preceding two years. Completion period stipulated in the decree and not having declared the fishery unit in a State of full exploitation of the corresponding species, will be existing general regime.
Paragraph 2 ° of the regime of full exploitation.
Article 8.-initiative and prior review technician of the Secretary, by Supreme Decree, he may be declared a fishery unit in full operating status with approval by an absolute majority of the members of the National Council and the Zonal Council of fisheries that correspond.
Article 9.-declared a fishery unit in a State of full exploitation, the Undersecretary shall be published, twice a year in the official journal, a resolution containing the listing of industrial shipowners and vessels that meet the requirements for extractive fishing activities in this unit of fishery.
Article 10.-Fishing authorisations in force, that they authorize their holders to develop fishing extractive activities, in units of fisheries declared in a State of full exploitation and subject to the system of administration, shall be transferable with the ship, with regard to fisheries units, and indivisible.
Undersecretary will grant a certificate attesting to these effects: the individualization of the authorization holder industrial owner; the basic characteristics of the ship and the individualization of the units of fishery on the which will operate. These certificates will be awarded at the request of the holder. They will have an indefinite duration while maintain the effectiveness of the regime of full exploitation and are not affected by the grounds for revocation, which can incur the holders of authorisations which underlie the granting of these certificates.
Article 11.-during the term of the regime of full exploitation, Undersecretary will fishing authorization granting fishing shipowners who request new ships entering it.
However, initiative and technical report of the Secretariat and with the agreement of two-thirds of the members in national and Zonal councils exercise fishing that corresponds, by presidential decree, may be suspended, for within a year, the reception of applications and the granting of new fishing authorisations.
Article 12.-The regime of full exploitation by the general scheme of the access initiative and technical report of the Secretariat and approval by an absolute majority of the members of the National Council and the Zonal Council of corresponding fishing, by Supreme Decree shall be replaced. The general access regime will take effect from the date of publication in the official journal of the Decree designated above, leaving without effect the only Ministry of law and granted certificates, unless necessary any pronouncement by the Undersecretary and therefore permits will lose, same date, transferability.
Article 13.-Subject fisheries regime of full exploitation, it may fix global annual catch quotas for each unit of fishery, which will apply from the next calendar year. Despite the above, for the year of the Declaration of the regime of full exploitation, may be also fixed global annual catch quotas for each unit of fishery, which will govern the same year.
Global annual catch quotas will be distributed in two or more times of the year.
These fees will be established by Supreme Decree, technical report of the Undersecretary, consulting the Zonal Council of fishing that corresponds with and with the approval of the National Council of fisheries taken by absolute majority of its members in exercise. In case there is no absolute majority for approval or rejection, decision to proceed by an absolute majority of members present at second summons.
Global annual catch quotas may be amended once a year by the same procedure and majority referred to in the preceding paragraph. In case of presence of natural phenomena that make evident whether to increase the global quota determined, this may be increased with the approval of the present members of the National Council of fisheries, reporting immediately to the Zonal Council that corresponds.
Article 14.-on the initiative of the Secretariat, in fishery units subject to the regime of full exploitation, by presidential decree, prior technical report of the Secretariat and with the agreement by an absolute majority of the members present of the national boards and fishing Zonal corresponding is may authorize the Undersecretary to awarded annually, by public auction, the right to capture each year tons to five per cent of the global quota equivalent annual of capture. In this case, the global annual catch quota will be set in the same aforementioned Supreme Decree.
Assistant awarded the fraction auctioned for a fixed term of ten years, at the end of which this fraction will again become part of the global share. The Secretary not be auctioned beyond the equivalent to capture 50% of the annual catch quota that is set for each unit of fishery declared in regime of full exploitation.
The regulations shall determine the procedures of the auction and the establishment of courts in the rights by auction to allow an adequate access to small and medium-sized owners.
In units of fishery in which percentages of global annual catch quotas are auction, shall be suspended, for the respective calendar year, the reception of applications and the granting of new authorisations for fishing.
Article 15.-The Undersecretary, by resolution, shall annually establish share remnants of capture which will be accessible to holders of existing authorisations for fishing in that unit of fishery, which will be equal to the result, of the global annual catch quota fixed by the corresponding Decree, deduct the sum of the results of multiplying the current auctioned fractions by this global quota.
Remnants of catch quota may be divided into two or more installments within one year, as well as also split in two installments; one, to be captured as target species; and another, as bycatch. The procedure for making the above-mentioned modifications shall be as specified in article 13.
When he is assessed a fee remnants of capture of a species as bycatch, the corresponding Supreme Decree shall establish the maximum percentage, measured by weight of participation of this kind on the total catch of the target species, within the period that is set to the effect. In any case, this percentage may not exceed 20% by weight.
Article 16.-will be awarded to the bidders of auction a special fishing permit, which entitles them to capture annually, starting from the year following the of the bidding timetable, up to an amount equivalent to the result of mulitiplicar the annual catch quota corresponding fixed coefficient determined in the special permit of fishing in the respective fisheries unit.
Original extraordinary permits registration and subsequent registration of transfers, transmissions or divisions, shall be paid extraordinary permits registration which, by fishery unit, must carry the service. The rules shall lay down the form to the original inscription issued special permits and their subsequent divisions, transfers and transmissions.
The ships used to exercise the rights acquired through the obtaining of special fishing permits and who are fishing authorization to operate in the corresponding fishery unit, must register previously which for these purposes will lead the service. Entry in the register will enable the ship to operate in the fishery unit, for a period equivalent to the term of the Special fishing permit granted to the holder. These ships shall comply with the regulations of this law and its regulations, and other regulations concerning the fisheries sector national and the navigation law.
Article 17.-during the term of extraordinary fishing fishery unit permits, be established a catch for this unit of fishery annual global quota, in accordance with the provisions of article 13.
In case of failing agreement of the Councils to establish the annual global quota of capture for a given calendar year and that current extraordinary fishing permits are governed automatically the last quota set for that unit of fishery.
Article 18.-Authorization of fishing and the Special fishing permit does not guarantee their holders the existence of hydrobiological resources, but that only les permitenen, in the form and with the limitations established by the present law, perform extractive fishing activities in a given fishery unit.
The Special fishing permit shall be divisible, transferable once a year and transmissible; and you can be leased and been bailed.
Article 19.-Holders of authorisations for fishing, enabled to develop fisheries in fisheries declared in full exploitation, may be replaced its fishing ships. For these purposes, the Ministry, by presidential decree, technical report of the Secretariat and consulting the National Council of fisheries, establish regulations that set standards.
Article 20.-When be declared a fishery unit in full operating status and your access is temporarily closed, you must close, for equal period, artisanal fishing registry in the regions, and relevant species, in accordance with stated in the title on artisanal fisheries. Artisanal fishing shipowners who have exercised in this unit of fishery extractive activities, prior to the date of entry into force of the decree which declares that fishery in the aforementioned State and that are registered in the artisanal register in the relevant fishery, will continue making them without giving up its character of craft, and must comply with all requirements of delivery of information which in effect set the rules.
Article 21.-The owner of a fishing authorization operating a ship by altering the basic features contained therein, shall be punished by a fine the amount of which shall be equal to the result of the multiplication of tons of thick Registry of the offending ship by average monthly tax unit current at the date of the judgment.
The ship that caused the violation will not be allowed to operate, while the holder of the authorisation to fish does not replace this the characteristics specified in such authorization.
Article 22.-the holder of a special fishing permit that exceed their individual allocation in a calendar year, shall be deducted twice incurred excess the amount that corresponds you in the immediately following calendar year. If it does not make use of their individual allocation total in a calendar year, will not transfer the balance to the or to subsequent years.
Article 23.-in case of change in ownership of a special permission during the calendar year, the transferee only has the right to use the remaining not consumed by the original owner.
Article 24.-If a special permit end by resignation of the incumbent or by the effect of the Declaration of its expiry, the Undersecretary awarded it by auction for a period equivalent to what restare you of their validity.
Article 24 bis.-initiative and technical report of the Secretariat, during the first half of each year, by means of Supreme Decree, the areas of the fishery units declared in regime of full exploitation, with the approval by an absolute majority of the members of the National Council and Zonal of fishing that corresponds may be modified.
3rd paragraph of the regime of fisheries in recovery and development.
Article 25.-by presidential decree, following a technical report of the Undersecretary, with consultation of the Zonal Council of fisheries and with the approval by an absolute majority of the members of the National Council, in the fisheries in State of overexploitation, which demonstrates that the Hydrobiological resource is found in recovery, he will declare in regime of fisheries in recovery and will be authorized to the Secretary to award annually at public auction the right to capture every year, the equivalent, in metric tons, to 10 percent of the global annual catch quota.
From the date on which is declared a fishery on a recovery basis, all fishing authorisations relating to those fishery units will expire by the only Ministry of law. While maintain the effectiveness of this regime, new authorizations will not be awarded.
The regulations shall determine the procedures of the auction and the establishment of courts in the rights by auction to allow an adequate access to small and medium-sized owners.
To auction bidders will be granted them a special fishing permit which will entitle them to capture annually, for a period of ten years, up to an amount equivalent to the result of multiplying the annual global quota of corresponding capture by the coefficient fixed in respective fishery unit and start to govern from the year following the awarding of calendar.
With the purpose that auctions are carried out during all the years of this system, in the first public auction shall be awarded the total of the annual global catch quota for a period of ten years, granting extraordinary fishing permits with a variable coefficient, which will decrease by ten percent each year. Starting from the second year of the first award, will be auctioned annually cuts of ten percent each, which will be obtained during the first ten years through the discount or proportional to all recipients that are in the possession of the original Special fishing permits that are granted to the effect. The adjudicatory of these auctions will be awarded them special fishing permits with the same characteristics listed in the preceding paragraph.
Article 26.-by presidential decree, technical report of the Secretariat with reference to the Zonal Council of fisheries and with the approval by an absolute majority of the members of the National Council, in those units of fisheries that are qualified as emerging fisheries may declare in regime of fisheries development and will be authorized to the Secretariat so that it awarded annually through public auction, the right to capture the equivalent, in tons, to 10 percent of the global annual catch quota.
Shipowners which, at the time of publication in the official journal Decree before mentioned, have proven to be existing fishing authorization for extractive fishing activities in the relevant unit of fishery, will continue desarrrollandolas for the term of three years, counted from the date before, at the end of which is assigned a special fishing permit with the average percentage resulting from dividing its annual catch average fee the corresponding global annual average catch in the same period. This permit will last for ten years.
In case there is no authorizations in force at the time of the publication of the above mentioned Decree, the Secretary, shall, in the first auction, awarding 100% of the annual global catch quota. Otherwise, it will just auction the fraction corresponding to ninety per cent of that quota. As this regime is effective, fishing authorization shall not be granted.
The characteristics of these extraordinary privileges and the procurement procedure will be those laid down in article 25.
Paragraph 4 ° common standards.
Article 27.-it will be Le service keep the register of shipowners and their ships corresponding to the authorizations and permissions. Service will proceed to request of a party, to register them and extend to its owner a certificate attesting to registration.
Registration in the register is an enabling solemnity for the exercise of the rights inherent to the authorizations or permissions.
To proceed with the registration of fishing vessels, these must be registered in Chile and comply with the provisions of the Act of navigation.
Article 28.-The holder of an authorization or permit must inform in writing to the service, in the form determined by regulation, any modification that occurs with respect to the information contained in the register, within the period of thirty days, from the occurrence of the fact.
For the purposes of this law, will always be responsible for the holder of an authorization or permission that is registered in the registry.
Article 29.-Holders of fishing authorizations and permits shall pay annually a fishing only patent of fiscal benefit, each boat carrying extractive fishing activities, corresponding to 0.5 monthly tax unit for every ton of thick Registry, for ships of up to 100 tons of thick Registry; 1.0 monthly tax units for each ton of thick Registry for ships of 100 and up to 1,200 tons of thick Registry; and 1.5 monthly tax units for each ton of thick Registry, for ships more than 1,200 tons of thick Registry.
The value of the monthly tax unit will be which governed at the time of the effective payment of the patent, which shall be made in two installments, payable in the months of January and July of each calendar year.
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 fisheries patent, shall 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 + 0.015 (N+3), where N is the number of complete months missing for the end of the year calendar in which the contribution has been received.
The values stated in the first paragraph of this article, not may increase while the annual contribution of the set of agents to the fisheries research fund exceeds the annual contribution that status to the Fund, with a ceiling equivalent to 150,000 monthly tax units.
The artisanal vessels are not affected to the payment of EU fisheries patent.
The Chilean fishing vessels, whose crew is formed at least by 85% by nationals and that perform exclusively extractive fishing operations on the high seas or in Presential sea, are exempted from payment of patent fishing.
Article 30.-When the holder of an authorization or permission is a legal person with contribution of foreign capital, fishing ships that requires to do so effective they must be registered in your name, in accordance with the provisions of the Act of navigation.
Article 30 bis.-in matters requiring approval by the zonal councils or National Council of fisheries, these may be convened by their respective President in second citation with no less than three days after the first and will meet with the members present, taking resolutions with the majorities required in each case, but referred to the effective assistance to the corresponding session.
Article 31.-The moneys to be paid as a result of the auction revenues referred to in articles 14, 24, 25 and 26 of this title, shall be expressed in monthly tax units from the date in which such auction has been made and will be divided into as many annuities as years have the Special fishing permit granted.
Annual payments shall be made in the month of December of the year prior to those who make them, corresponding to the value of the monthly tax unit on that date. However, the first of these payments must be made at the date of award of the auction. "."
C replaced article 84 with the following: "article 84.-prohibited operations of extractive fishing in previous waters, territorial sea or exclusive economic zone by ships or vessels flying foreign flag, unless they are specifically authorized to perform research fishing." Violators will be punished with a fine equivalent in pesos gold, 100 to 150, to the daily value set by the Central Bank of Chile at the time of payment, for every ton of thick of the offending ship registry. In addition, captured living aquatic species fall in comiso, as also the arts and used fishing gear. In the event of recidivism, the fine will be doubled.
If the Commission of an offence is surprised, the ship must be seized and led to a Chilean port, where it will be held at the disposal of the competent court, which may order that he bans the departure of the ship from the port or place in that you are, while it does not constitute one sufficient guarantee to respond to the amount of the corresponding sanction.
This measure will be fulfilled by notifying the maritime authority of the place in which it is located, or by trade or notification to the Director General of the maritime territory and Merchant Navy, if the ship is not find within the jurisdiction of the Court, which has decreed the measure.
The notice to the person against whom the measure is requested will not be necessary. The Court may give the measure by telegram, telex, or other reliable means. "."
D replaced article 93 with the following: "article 93.-knowledge of processes for violations of this law shall be civilian judges with jurisdiction in the communes where they have been committed or where had the beginning of execution."
If the offence was committed and any beginning of execution in the territorial sea or the exclusive economic zone, shall be competent civil judge of the cities of Arica, Iquique, Antofagasta, Chañaral, Coquimbo, Valparaíso, San Antonio, Talcahuano, Valdivia, Puerto Montt, Castro, Puerto Aisen, Punta Arenas and Easter Island.
In the case of offences committed within the exclusive economic zone for ships flying foreign flag, the civil judge of the cities of Iquique, Valparaíso, Talcahuano, Puerto Montt, Puerto Aisen, or Punta Arenas will be competent.
Nearest to the place where the offence was committed will be the knowledge of these causes the Court. In places where there is more than one court of the same jurisdiction, shall be the knowledge, which is competent in accordance with articles 175 and 176 of the organic code of courts.
Article 93 to)-judgments referred to in the preceding article shall apply the procedure which then is designated: 1) officials of the service and staff of the Navy and Carabineros, who surprised breaches of norms of this law and its regulations, must report them to the Court and quote personally to the accused if it is present, or in writing if it is absent Note that will be visible instead of the address of the offender, or the ship or vessel used. It must declare the law infringed regulation and the place or area of the sea that an offense has been committed, when appropriate.
The provisions of article 28 of law No. 18.287 on proceedings before the courts of Local police, without prejudice to the provisions of this law shall apply to these offences.
In this article one will quote you so that you appear at the next hearing, indicando Día y hora, under penalty of proceeding in their defiance. A copy of this citation must accompany the complaint. The complaint shall be demand for all legal purposes.
The complaint so lodged, shall constitute a presumption of having committed the offence.
(2) the judge interrogará to the respondent at the hearing indicated and if interrogators are substantial, controversial, and relevant facts shall allow test points and will be mentioned to the parties to subpoena, which will take effect at a date as close as possible, which may not exceed ten days, and to which the parties must attend personally or represented in accordance with law with their witnesses and other evidence, under penalty of proceed in absentia of the inasistente.
For the purposes of the testimonial evidence, the parties must submit the list of his witnesses, indicating their names, profession or trade and residence, with at least two days prior to that set for the subpoena.
Each party may present two witnesses for each test, with a maximum of six.
(3) the parties may submit comments or additions to the complaint or defence at the first hearing, in which shall be recorded in writing.
(4) the judge may require the attendance of witnesses, under the legal warnings referred to in article 380 of the code of Civil procedure and will appreciate yielded test in accordance with the rules of sound criticism.
(5) the judge shall sentence immediately, if in its opinion there is no need to make evidentiary proceedings.
Measures to better resolve that he considers the case practice, will Decree them in the short term, which may not exceed five days.
(6) the decision shall be given within ten days since the process is in a State of fail is.
(7) the judgment expressed to date, individualization of the parties, a synthesis of the controversial matter, a brief analysis of the test yielded, resolution of the issue and the legal and regulatory rules on which it is based.
The judgment enforceable once, will have executive merit and compliance will be included in the same court.
(8) resolutions shall be notified by registered letter, which must contain a full copy of those.
The notification means legally practiced by registered letter after an additional period of three days, counting from the date of its release by the respective post office, in the book that for this purpose the Secretary of the Tribunal shall bear.
The final ruling imposed fine the offender must be notified by order.
(9) the fines imposed by the courts referred to in this law, shall find out in the corresponding communal Treasury within ten days. Communal Treasurer will issue a receipt in duplicate, shall deliver a copy to the offender and sent another to the Court later the next day of payment. The clerk of the Court will add receipt to cars, leaving them proof of payment of the fine.
Fines and the product of the seized property auctions will be allocated 50% to municipal benefit of the commune in which or front on whose shores the infringement has been committed and 50% for the benefit of small-scale fisheries development fund.
(10) If after the period of five days referred to in the previous number, has not been credited the payment of the fine, will be dispensed warrant against the offender.
Despatched an arrest warrant, you may not be suspended or left without effect, but by order of the Court which issued it, based on the payment of the fine.
The proceedings referred to in the preceding subparagraphs shall be cumulative; Therefore, by the first 30 units tax monthly, applies a day in prison for each monthly tax unit; If the fine is higher than 30 monthly tax units and does not exceed 300 monthly tax units, applies a day in prison for every 5 monthly tax units; and if it exceeds 300 units per month, applies a day in prison for the 10 monthly tax units.
If the sentenced does not have goods to satisfy the fine imposed, will suffer the penalty of imprisonment, regulating a day per each monthly tax unit, while it does not exceed six months.
(11) to enforce compliance with the sanction and the practice of the stagecoaches that Decree, the judge may require the help of the security forces, directly from the head of the respective unit most immediately to the place in which the judgment or diligence, even outside its jurisdictional territory must fulfil.
(12) in against the final judgement only proceed for appeal before the respective Court of appeals, which must be filed within ten days, counted from the notification of the part that enter into the remedy, and briefly, melts and the appellant expose specific requests formulated regarding the appealed resolution.
Filing appeal, will require the provision of up to 50% of the fine imposed, to designated judge, and percentage that must be learned in the current account of the Court of the cause. The resolution that determines the percentage of the fine that should be recorded will not be susceptible of appeal.
The cars will be sent to the Court of appeal on the third day of the resolution which granted the last appeal.
The parties will be considered placed in second instance by the fact the concession of the appeal be notified.
Decisions handed down in this instance, shall be notified by registered letter and only to parties who have appeared.
(13) in the causes for violation of this Act or its regulations, accession would not proceed to appeal, nor the appearance of the parties will be needed in the second instance, applying the rules laid down in the code of Civil procedure for the appeal of the incidents otherwise. These causes will enjoy preference for your vision and your knowledge will be adjusted strictly to the order of their admission to the Court. Without prejudice to the provisions of the third paragraph of article 69 of the organic code of courts, must be designated a day of the week, at least, to know of them, completing the tables, if not there is a sufficient number, as determined by the President of the Court of appeal.
(14) the Court of appeal may admit to the parties any tests that have not been able to give in the first instance, but the testimonial not admissible. The confessional only may be accepted once to each party.
Measures to better resolve that he has ordered the Court of appeal will not extend to the testimonial evidence or to the confessional.
15) the courts of appeals will only hear allegations when they deem that there are clear grounds.
(16) if the background of the case appear that the Court of first instance has failed to decide on any action or except assert at the trial, the Court shall take a decision thereon.
It may also fail the issues dealt with in the first instance and which has not spoken the sentence for being incompatible with the ruling.
It should the Court, in any case, void ex officio the appealed sentence, when it revealed that has been lacking to a pending or diligence to be essential or that it influences in the device's failure. In the same ruling, designated the State that should be the process and return the cause second day of pronunciation within the resolution, unless the Vice that gives place to the invalidation of the sentence is any of those referred to in the causal numbers 4th, 6th, and 7a. Article 768 of the code of Civil procedure and have been pronounced with omission of any of the requirements listed in article 432 case in which the Court must, then, and no new vista, but separately, dictate the sentence that corresponds according to the law.
(17) the judgment shall be dealt within the five days, counted from the end of the hearing.
The Court of appeals shall bear in its ruling of the arguments made by the parties in the writings showing to the effect you.
Issued the ruling, the record will be returned, within the second day, the Court of origin, for the fulfillment of the sentence.
Not proceed by an appeal against the judgment of the appeal.
Item 93 b)-sport fishing violations committed at sea will be competence of the courts referred to in article 93.
Those committed in freshwater will be competence of the courts of local police and shall be conducted in accordance with the procedure of article 93).
Article 93 c).-knowledge in first instance of crimes relating to the fisheries regulations, will correspond to the courts of the crime in the jurisdictional territory or its maritime projection, including the territorial sea and the area economic exclusive, be surprised the existence thereof.
Item 93 d)-received a complaint or lawsuit, filed by persons who are not officials of the service, the courts of Justice shall inform the respective Regional Service address the fact of having initiated a process for violation of fishing regulations. "."
E title XII replaced by the following: "Title XII.
Of the fishing tips.
Paragraph 1 of the National Board of fisheries.
Article 1.-create an organism, known as National Council of fisheries, which will contribute to making effective participation of agents of the fishing sector at the national level on matters related to the activity of fishing and aquaculture.
The National Council of fisheries shall be operative, and advisory in matters under the Act. It will issue their opinions, recommendations, proposals and properly grounded technical reports to the Undersecretary, in all matters which by this Act are designated, and in any other sectoral interest.
The National Council of fisheries will be based in the city of Valparaiso and will be held at the offices of the Secretariat.
Article 2.-the National Council of fishing will be chaired by the Undersecretary, who designate an official of this same entity to exercise the office of Executive Secretary and Minister of faith. In the absence of the Secretary, the sessions will be chaired by the national service Director.
It will be integrated, in addition, by: 1. on behalf of the public sector: to) the Director General of the territory maritime and merchant marine;
b) the Director of the national service of fishing), and (c) the Executive Director of the Institute of Fomento Pesquero.
2 four representatives of the business sector associations legally constituted, appointed by the respective organizations, among which must be represented industrial owners, small and medium-sized shipowners, industrialists of farmers and sea products processing plants. At least one of the advisors associated with extractive fishing activities and processing, must also come from each of the following macro fishing zones of the country: from the I to the IV Region; the v Region IX and Oceanic Islands; and the X to XII Region.
3. four representatives of legally constituted labor union organizations, designated by their own organization, where it must be represented officers of fishing vessels, the crew of the same, workers in processing plants of products of the sea and fishermen, and 4. Seven directors nominated by the President of the Republic, with the agreement of the three-fifths of the Senate. Among these advisers a professional specializing in ecology, shall nominate, at least a University professional related to the Sciences of the sea, a lawyer and an economist.
Members representatives of the institutional sector will last in their functions as they remain as holders in their positions.
The members of the Council, representatives from business and labor, and those nominated by the President of the Republic, will last four years in office.
The regulations shall determine the procedure of election of Directors, as appropriate.
By presidential decree, to be published in the official journal, the President of the Republic formalized the final nomination of titular and deputy members of the National Board of fisheries.
Advisors shall not receive remuneration.
Article 3.-the National Council of fishing may be cited by its Chairman or by seven Directors on exercise and will develop with a quorum of twelve of its members. In case of not giving the required quorum for the purposes of the second paragraph of article 13 of title III, you can operate with the members present. At its first constitutive session it will establish its internal operating rules, whereas, at the very least, a regular meeting every three months.
Article 4.-the materials to be treated in the sessions of the National Council of fisheries must be submitted duly documented.
Expressed recommendations and opinions and proposals presented by the members of the Council during these sessions will be entered in minutes, which shall be public knowledge.
Any decision of the Council must be established with, at least, a technical report. In addition five members shall be entitled to provide a second report of similar qualification.
The maximum period that will take the advice to evacuate technical reports will be one month from the date of request, except for the cases in which this law is assigned a different term. Met deadlines, the Secretariat and the Ministry do without them in the decision-making process. Technical reports should record the opinions of majority and minority, when appropriate.
Article 5 °-besides the subjects in which the law establishes the participation of the National Council of fisheries, the secretariat will consult it with respect to the following: a) on the National Fisheries Development Plan;
(b) on the international fisheries policy;
(c) on amendments of the General Law of fisheries and aquaculture;
((d) on the promotion of artisanal fisheries measures, and e) on the National Plan for research.
The National Council of fisheries also may refer to sectoral matters which may be relevant, being empowered to request the necessary technical background of the organizations public or private sector, through its President.
Counselors may be present to the sectoral authorities facts which, in his opinion, affect fishing activities, hydro-biological resources and their environment.
The National Board of fisheries, by an absolute majority of the members present, may require initiatives to Assistant in any matter within its competence, requested that this may only refuse by resolution founded.
Paragraph 2 ° of the tips area of fishing.
Article 6.-create five zonal organizations, known as zonal fishing tips: one in the zone corresponding to the I and II regions, with headquarters in the city of Iquique;
One in the zone corresponding to the III and IV regions, with headquarters in the city of Coquimbo;
One in the zone corresponding to the V, VI, VII, VIII and IX regions and Oceanic Islands, based in the city of Talcahuano;
One in the zone corresponding to the tenth and eleventh regions, with headquarters in the city of Puerto Montt, and one in the zone corresponding to the XII Region and Chilean Antarctica, based in the city of Punta Arenas.
The zonal fishing tips will help to decentralize the administrative measures adopted by the authority and to make effective participation of agents of the fishing sector at the zonal level, on matters related to the activity of fishing and aquaculture. They will be advisory or resolution, as appropriate, in matters that the law establishes.
Article 7.-the Secretariat should consult the Zonal Council of fisheries when the Ministry or she should establish decrees or resolutions, as appropriate, on matters in which the same law established the obligatory nature of your inquiry.
The Undersecretary also consult the Zonal Council of fisheries with respect to the plan of fisheries research and aquaculture in that it affects the respective area.
The maximum period that will have the zonal fishing tips to evacuate their replies, approvals or technical reports, will be a month counting from the date of request, unless the law specified a different term. Concluded these deadlines and not having been pronounced councils, the Ministry or the Secretariat may dispense with such responses, approvals or technical reports.
In addition, the Zonal Council fishing will be sent to the Secretariat, the National Council of fisheries and the Regional fisheries service their opinions, recommendations and proposals, through technical reports properly founded, in those matters in which the law so establishes it.
Article 8.-the zonal councils of fishing will be integrated by: to) the Director Zonal service, who will preside over it, and a Regional Director of the national service of fishing in the respective area.
b) the maritime Governor of the Region headquarters of the Zonal Council.
(c) the Zonal Director of the Institute of fisheries development.
d) a Ministerial Regional Secretary of planning and cooperation in the respective area.
e) a Ministerial Regional Secretary of economy, development and reconstruction of the respective area.
(f) two representatives from universities and professional institutes in the area, recognized by the State, linked to academic units that are directly related to the Sciences of the sea.
Designations marked with letters to), d), e)) and (f), shall be distributed in such a way that at least two regions be represented the area event more than one.
(g) four directors on behalf of the legally constituted associations of shipowners; small shipowners; processing plants of fishery products, and holders of concessions or authorizations of aquaculture in the area, as appropriate.
In the Zonal Council of the I and II regions, one of them will represent the industry of reducing industrial owners; other industrial owners of products for direct human consumption; other, small industrial owners, and a quarter, the industrial fishery products processing plants.
In the Zonal Council of the III and IV regions, one of them will represent industrial owners; other, small industrial owners; another, the industrialists of fishery products processing plants, and a fourth, to farmers.
The Zonal Council of V, VI, VII, VIII and IX regions and Islands Ocean, one will represent the industrial pelagic fishing shipowners; other industrial fishing shipowners demersal; other, small industrial owners, and a quarter, the industrial fishery products processing plants.
In the Zonal Council of the 10th and 11th regions, one will represent industrial owners; another small shipowners; another, the industrialists of fishery products processing plants, and a fourth, to farmers.
In the Zonal Council of Region XII and Antártica Chilena, one will represent the industrial owners; other, small industrial owners; another, the industrialists of fishery products processing plants, and a fourth, to farmers.
(h) four directors representing the associations of special ships officers; special ships crew; workers of industry, and artisanal fishermen, all of which are legally constituted.
(i) also integrated zonal Councils a representative of all legal entities nonprofit having in its articles of association as a fundamental objective, jointly or separately, two of the following purposes: Defense of the environment or the preservation of natural resources or research. This representative to each Regional Council shall be appointed by the President of the Republic.
In the event that the Zonal Council group to more than one region, the composition must be equitable so as to ensure representation from regions that have relevant fishing activities.
The Adviser of the letter d) and his Deputy, will be proposed to the President of the Republic by the Minister of planning and cooperation, chosen from among the regional ministerial Secretaries of planning and cooperation in the respective area.
The Counselor of the letter e) and his Deputy, will be proposed to the President of the Republic by the Minister of economy, development and reconstruction and chosen from the Ministerial Regional Secretaries of economy, development and reconstruction of the respective area.
Counselors indicated in the letter f) and alternates, will be proposed to the President of the Republic by the rectors of universities and professional institutes in the respective area, with an academic unit linked to the Sciences of the sea.
(The members of the Council referred to in g) and h) and their alternates, will be chosen by the professional associations, trade union federations and unions of companies or cooperatives, as appropriate.
By presidential decree, to be published in the official journal, the President of the Republic formalized the final nomination of titular and deputy members of the zonal fishing tips.
The same person may not be, simultaneously, Member of a Zonal Council and the National Council of fisheries.
Members of the zonal fishing tips will last in their functions while their nominations by the President of the Republic are in force or they are holders of their positions, as appropriate, with a maximum period of four years for the first, finished which must be replaced.
The zonal fishing tips will meet with a quorum of ten of its members in exercise, in the form and opportunity that point to its own rules. This shall be determined the rules of its inner workings and bonding with the Undersecretary and mechanisms of coordination with the National Council of fisheries, among others. Zonal Councils may determine the place of their sessions in any Region within the respective area and not only in the host city.
All zonal councils resolution shall be founded, prior consideration of, at least, a technical report. In addition, a number of members to be determined by the regulation shall be entitled to provide a second report of similar qualification. Also expressed recommendations and opinions and proposals put forward by the members of zonal councils of fisheries during the sessions will be entered in minutes, which shall be public knowledge.
Counselors of the zonal councils shall not receive remuneration.
Paragraph 3 ° of the Councils regional fisheries.
Article 9.-the regional municipalities created regional fishing councils where there is significant activity of fishing or aquaculture in the respective region.
Article 10.-the composition of the regional fishing Councils will be as follows: to) the Regional Director of the service, or his Deputy, who shall preside it;
(b) four institutional representatives, one of which will correspond to a university or Institute linked to academic units or studies related to fishing activity, and a representative of the maritime authority;
((c) four representatives of the fishing business, according to the relevant activities in the Region, and d) four representatives of the labour sector, two of which will be from the artisanal sector.
Article 11.-The main function of the regional councils will consist of identifying the problems of the fisheries sector at the regional level, discuss and develop proposals for solution and technically based reports, which are to be sent, through the Regional Mayor, Undersecretary and the Zonal Council of fishing that corresponds.
Article 12.-The members of the regional councils of fisheries shall not charge remuneration. "."
F added, as last, the following Permanent article: "item F. 1-will correspond to the National Navy and the Secretariat take a relationship of fishing activities carried out in the area defined as face-to-face sea, under the treaties and basic international agreements that are made or have been made in this regard.".
G Reemplazanse the transitory articles of 1 °, 4 ° and 7 ° by the following: "article 1 °-from the date of publication of this law, the following units of fishery are declared in a State of full exploitation:"
(a) fisheries pelagic species Spanish sardine (Sardinops sagax) in the fishing area corresponding to the littoral of regions I and II, from the eastern boundary set by article 29 permanent or resolution issued in accordance with this article, far west to the imaginary line drawn at a distance of 120 nautical miles measured from the baselines normal;
(b) fisheries pelagic species anchoveta (Engraulis ringens), in the fishing area corresponding to the littoral of regions I and II, from the eastern boundary set by article 29 permanent or resolution issued in accordance with this article, far west to the imaginary line at a distance of 120 nautical miles measured from the normal baselines;
(c) fishery pelagic species horse mackerel (Trachurus murphyi), in the fishing area corresponding to the littoral of regions I and II, from the eastern boundary set by article 29 permanent or resolution issued in accordance with this article, far west to the imaginary line to a distance of 200 nautical miles measured from the normal baselines;
(d) fishing pelagic species horse mackerel (Trachurus murphyi), in the fishing area corresponding to the littoral of the regions V, IX, from the eastern boundary set by article 29 permanent or resolution issued in accordance with this article, far west to the imaginary line to a distance of 200 nautical miles , from the normal baselines;
(e) fishery species demersal shrimp colorado (Pleuroncodes monodon), in the fishing area corresponding to the littoral of the regions V to VIII, from the eastern boundary set by article 29 permanent or resolution issued in accordance with this article, far west to the imaginary line at a distance of 60 nautical miles measured from the normal baselines;
(f) the common hake species demersal fishery (Merluccius gayi), in the fishing area corresponding to the littoral of the regions IV to the parallel 41 ° 28.6 ' South latitude, from the eastern boundary set by article 29 permanent or resolution issued in accordance with this article, far west to the imaginary line at a distance of 60 nautical miles measured from the normal baselines;
(g) fishery demersal hake species from the South (Merluccius australis), corresponding to the coastal fishing area between the parallel 41 ° 28.6 ' of South latitude and the parallel 47 ° 00' latitude South, since this set by article 29 permanent limit or by resolution issued in accordance with this article, to the extent corresponding to the imaginary line West drawn at a distance of 60 nautical miles measured from the base lines;
(h) fishery demersal hake species from the South (Merluccius australis), corresponding to the coastal fishing area between the parallel 47 ° 00' South latitude and the parallel 57 ° 00' South latitude, from this set in article 29 permanent boundary or by resolution issued in accordance with this article, to the extent corresponding to the imaginary line drawn at a distance of 80 nautical miles measured from the base lines;
(i) fishery demersal species golden eel (Genypterus blacodes), in the fishing area corresponding to the coast between the parallel 41 ° 28.6 ' of South latitude and the parallel 47 ° 00' South latitude, up to the limit West set by article 29 permanent or resolution issued in accordance with this article, far west to the imaginary line at a distance of 60 nautical miles (, measured from the base lines straight, and j) fishery demersal species golden eel (Genypterus blacodes), in the fishing area corresponding to the coast between the parallel 47 ° 00' South latitude and the parallel 57 ° 00' South latitude, from the eastern boundary set by article 29 permanent or resolution issued 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 base lines.
Article 4 °-fishery units identified in the letters to), b), c), d), f), g), h), i) and j) article 1 transitional °, shall be subject to the regime of full exploitation and will be granted a certificate to each ship that complies with the requirements set forth in article 8 of title III of this law, and in accordance with the provisions of article 10 of title III.
In fishery units referred to in the preceding paragraph, the Secretariat not may award, through public auction, the right to capture a fraction of the global annual catch quota referred to in article 14 permanent title III, for a period of three years, from the date of entry into force of this law.
The unit of fishery indicated in the letter e) item 1 ° transitional, assimilate the regime of fisheries in recovery and the corresponding auction will be carried out during the second half of 1991. Special permissions that are granted will begin to run upon the first day of the following calendar year.
From the date of entry into force of this law and until 31 December 1991, the Undersecretary suspended the reception of applications and the grant of corresponding authorizations, for fishery units identified in this article.
Article 7.-temporarily, be suspended from the date of entry into force of this law and until 31 December 1991, the artisan registration, section swordfish fishery (Xiphias gladius), by having reached the status of full exploitation. In addition, suspended, for equal period, the income of new applications and the granting of authorisations for fishing to industrial fishing ships for this fishery.
Industrial buildings that have existing authorization and who registered catch of this species in service during the year prior to the entry into force of this law, shall be subject to the regime of full exploitation.
Artisanal vessels over 15 tons of thick Registry with existing resolution of the Undersecretary, shall be deemed by this fact alone as registered in the craft register, section fishery for swordfish, in the respective regions. Handcrafted ships up to 15 tons of thick Registry, with a certificate by the service attesting that these ships operate in the swordfish fishery, are understood to be by this fact alone registered in the craft register. "."
H Agreganse the following transitional articles: "article H. 1-only patents fisheries and aquaculture to be paid during the year 1992, is lower by 20% from its total value."
For the 1991 calendar year, contributions in money making by industrial fishing shipowners to the Instituto de Fomento Pesquero, for the single purpose of direct assessment of aquatic resources in the territorial sea and the exclusive economic zone of Chile and that have the prior approval of the Secretary, shall constitute a credit against payment of EU fisheries patent referred to in title III of this law corresponding to the year 1992.
For these purposes, the contributions in cash shall be expressed in monthly tax units to the date of its receipt by the Instituto de Fomento Pesquero, multiplied by a factor a: 1 + 0.015 (N + 3), where N is the number of complete months missing for the end of the year 1991 calendar.
Article H. 2-empower the Secretary so that, by resolution founded, suspend the granting of new authorisations for fishing during the year 1992, for those units of fishery regime of full exploitation indicated in articles 4 ° and 7 ° transients of this law.
Article 3-H. declarations of full exploitation and the closure of fisheries shall expire on 1 January 1993, except that zonal fisheries councils and the National Council resolved to maintain these measures according to the procedure laid down in this law.
Article 4-H. the Ministry or the Secretariat may dispense with queries, reports, or approvals from the fishing tips while they are not constituted. "."