Special Law The Practice Of Shark Finning Ban.

Original Language Title: LEY ESPECIAL DE PROHIBICIÓN DE LA PRÁCTICA DEL ALETEO DE TIBURONES.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-de-prohibicion-de-la-practica-de-aleteo-de-tiburones/archivo_documento_legislativo



1 Decree No. 199 Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the Constitution in the Art.117, concerned that it is the duty of the State to protect natural resources, as well as the diversity and integrity of the environment, to ensure sustainable development.
II.-that is necessary to develop and implement new approaches for management and development of sustainability and sustainability in the use of hydrobiological resources, in accordance with national policies and international principles accepted by El Salvador, based on principles of equality and competitiveness.
III.-that in El Salvador there are fisheries lack aimed, among others, to the use of the shark and could be circumstances of fisheries not to shark where fishing is incidental and is indispensable to reduce their catch.
IV.-that shark finning is defined as the practice of cutting shark fins and discard or remove the body in the sea. In his statement of the meeting of the Committee on Fisheries of the FAO "shark finning threatens many shark populations, the stability of the marine ecosystems, sustainable traditional fisheries, food security," among others.
V-that of "Policy of integration of fishing and aquaculture in the isthmus Centroamericano", aims to promote binding actions to ensure responsible and sustainable fishing and aquaculture activity from the biological, economic, social and environmental point of view that, on the basis of article 22 of the Protocol of Tegucigalpa, and in accordance with the regulations of the acts regulatory of the system of the integration Centroamericana (SICA) the Council of Ministers issued the regulation OSP-O5-11, called "Regulation Regional for prohibit the practice of the flapping of the shark in los countries of the SICA", with which El Salvador acquires the obligation to ensure compliance with the provisions of the regulation in its domestic law, so that to ensure the more effective fulfilment of the.
Therefore, in use of his constitutional powers and at the initiative of the deputies Francisco José Zablah Safie, Juan Carlos Mendoza and Adam Cortez; and with the support of the deputies and deputies: Othon Sigfrido Reyes Morales, Alberto Armando Romero Rodríguez, Durán Francisco Roberto Lorenzana, Roberto José d'Aubuisson Munguia, Lorraine Guadalupe Pena Mendoza, Irma Lourdes Vasquez Palacios, Margarita Escobar, Abner Ivan Torres Ventura, Alba Elizabeth Márquez, Ana Marina Castro Orellana, Ana Vilma Albanez de Escobar, Antonio Echeverría Veliz, Blanca Estela Reyes Barahona, Blanca Noemi Coto Estrada , 2 Claudia Luz Ramírez García, Carlos Armando Reyes Ramos, Carlos Hernández Cortez, Carmen Elena Figueroa Rodriguez, Ciro Alexis Zepeda Menjivar, Dario Alejandro girls Argueta, Eugenio Donato Vaquerano, Edilberto Hernandez Castillo, Eduardo Enrique Barrientos Zepeda, Edwin Victor Alejandro Zamora David, Emma Julia Fabian Hernandez, Enrique Alberto Luis Valdes Soto, Estela Yanet Hernandez Rodriguez, Felix Agreda Chachagua, Guillermo Antonio Olivo Méndez, Guillermo Francisco Mata Bennett , Heidy Carolina Mira Saravia, Hortensia Margarita López Quintana, Jackeline Noemi Rivera Avalos, José Augusto Hernández González, José Dennis Córdova Elizondo, José Eduardo Jose Gutierrez, Karina Ivette Sosa de Lara, Lucía del Carmen Ayala de León, Manuel Orlando Cabrera Candray, Mariella penalty Pinto, Mario Antonio Ponce López, Mario Marroquin Mejia, Marta Evelyn Batres Araujo, martyr Arnoldo Marin Villanueva, Nelson de Jesus Quintanilla Gomez , Nery Arely Diaz de Rivera, Norma Carolina Rodriguez, Nidia Diaz, Norma Cristina Cornejo Amaya standard Fidelia Ramirios Guevara, Omar Arturo Escobar Oviedo, Mr. Orestes Fredesmán Ortez Andrade, Oscar Ernesto Novoa Ayala, Osmin Lopez Escalante, Patricia Elena Valdivieso Gallardo, Patricia Maria Salazar de Rosales, Alma Rosa Merino cross, Santiago Flores Alfaro, benign Sergio Portillo Portillo, Silvia Alejandrina Castro Figueroa, Sonia Margarita Rodriguez Sigüenza , Walter de Jesús Melgar Montejo, Wilver Alexander Rivera Monge and Yohalmo Edmundo Cabrera Chacón, DECREED the following: special law ban of the practice of the FLAPPING of sharks object of the law article 1.-La present law aims at the conservation of the diversity of sharks and their fisheries for sustainable and sustainable use through the practice of shark finning ban.
Definitions article 2.-for the purposes of the present law the following definitions are established: to) fins: are the parts of the body of the shark that it uses to navigate and includes caudal, anal, dorsal, Pectoral and pelvic.
b) naturally attached fins: fins of sharks which have not been removed from the body.
(c) fins attached naturally with partial cut: are those that are ripping in the muscle area adjacent to the shark and fins in the keel or caudal peduncle of partially.
(d) of shark finning: is the practice of completely cutting the body of shark fins before landing, also known as desaleteo.
(e) shark: any kind of carcharias which includes organisms known in common parlance as sharks that are taxonomically in the class chondrichthyes, subclass elasmobranchii, characterized by having cartilaginous skeleton, fusiform body covered by dermal denticles, and five to seven Gill slits arranged on the sides of the head.

3 article 3 shark finning ban.-prohibited finning of shark, of any kind, in the jurisdictional waters of El Salvador.
It is forbidden to detach totally any of its trunk or body shark fins from the moment of the capture of the species by any method and to the first point of landing.
The regulation of this law shall determine species and extraction ratios corresponding to dead captured sharks whose meat may be used, provided that the rest of the trunk or body fins does not shed completely and therefore to guarantee that tabs correspond to the rest of the respective body.
Import and export prohibited article 4.-it prohibits export and import of shark fins, without it can be demonstrated by a certificate issued by the competent authorities of the country of origin, these fins are not product of the practice of shark finning.
As for the extraction of shark parameters, classification, and conservation and management measures established in the regulations of this Act and any other applicable provision for management of shark fisheries issued by competent authority must be respected.
Of the authority competent article 5.-corresponds to officials of the center of development of the fishing and aquaculture, hereinafter CENDEPESCA, and to the other competent authorities as appropriate, enforce this law, which shall conduct proceedings, constant monitoring and inspections necessary anywhere in the national territory, national vessels or foreign to effect check that extracted from shark species have all the respective tabs attached naturally or with partial cut naturally without let of trunk or body at the time of the landing.
For the implementation of this law, CENDEPESCA shall establish mechanisms of coordination with other entities of Government and the private sector related to the protection of the shark resource. The maritime port authority and the Naval Force will contribute to the enforcement of this law.
Article 6.-the sanctions violations of this law regarding actions of download, transport, amount, I syphon, and carry weapons inside the boat the shark fin will be sanctioned, on the first occasion, with the imposition of a fine of up to one hundred minimum wages in force of the trade sector, in addition to punishment of two years of suspension of licence to the Manager or owner of the national boat in compliance with the rules of due process. In case of recidivism in any of these actions, it is punishable by a fine of up to one hundred fifty minimum wages in force urban of sector 4 trade and the suspension of the respective license for a period of five years.
Violation of the import and export of shark fins without the corresponding certifications shall be punished with a fine of hundred and fifty to two hundred minimum wages in force urban in the trade sector; You also forfeit the product which will be donated to charities.
Fishing license manager or owner of the vessel national, with respect for due process, that for the third time download, transport, import, syphon, and porte of the Art. cancellation 7-will cancel within the craft of shark fins, contrary to this Act; You are likewise punished with fine up to two hundred urban minimum wages existing in the trade sector.
Foreign vessels

Article 8.-in the case of foreign vessels that transit through territorial waters of El Salvador and pour or transporting shark fins in contravention of the provisions of this law, must prove that carriage of the respective tabs are in accordance with the provisions issued by the flag State and which were not subject to capture in territorial waters of El Salvador otherwise proceed to the confiscation of these fins and the imposition of a fine of two hundred urban minimum wages in the trade sector, for which the corresponding vessel shall be transferred to port by the authorities of the Naval Force of El Salvador and the boat shall be subject in warranty with impediment of departure until the respective fine prior compliance with the due process. It will also forfeit the product which will be donated to charities is prohibited the discharge port, I transfer or in any way the transfer to the national fleet boats, shark fin having in contravention of this Act by foreign vessels, irrespective of the legality of their carriage in accordance with the provisions of its state flag.
Article 9.-the special character this law is of a special nature and shall prevail over any provision that counteract it.
Of the regulation article 10.-the President of the Republic, it shall issue the regulation of this law within a period of 180 days from its validity, where can be seen everything related to kinds of shark found in maritime waters where exercises sovereignty, the Republic of El Salvador, as well as sanctioning procedure and all that standard that allows the application of the law.

5. transitional article 11 provision-all permission, license or administrative authorization, whose scope contravenes this Act, is hereby amended by Ministry of law, without any modification or decree.
Article 12.-the entry into force this law shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the twenty-second day of November in the year two thousand twelve.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSÉ d'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LÓPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, eighteen days after the month of December of the year two thousand twelve.

6 post, Carlos Mauricio Funes Cartagena, President of the Republic.
Pablo Alcides Ochoa Quinteros, Minister of Agricultural and livestock.
D. O. No. 239 TOMO No. 397 date: December 20, 2012 JCH/geg/28-01-2013.
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