FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

Law 3/2001 of 26 March on the Maritime Fisheries of the State linked the common fisheries policy and the management of maritime fisheries with the protection of resources and the sustainable development of the fisheries sector through a regime based on the balance of existing resources and their rational and responsible exploitation in order to obtain the optimum use of the factors of production, thus favouring profitability and improving the socio-economic conditions of the sector in the medium and long term, especially those of local fishing dependent populations. As amended several times in its thirteen years of validity, a new amendment is now being made in the following aspects, which in part have taken up elements already present in the draft sustainable fisheries law, which would not be approved.

On the one hand, the Equal Opportunities Policy is horizontal in nature, and must be integrated in all areas of public action. In line with this postulate, it is considered necessary to introduce a new article in the field of fisheries policy in the aforementioned standard, expressly stating that this law seeks to improve the socio-economic situation of the population in the territories in which the fishing and aquaculture activities are carried out, incorporating the principle of equal treatment and opportunities between women and men, as well as the prohibition of any discrimination in the sector.

This modification of the State Maritime Fisheries Law is used to underpin some specific issues of conservation policy and the protection of fisheries resources. Thus, new measures are added in the area of fishing effort regulation, and a better definition of the objectives and objectives to be pursued by the Marine Reserves, including not only the regeneration of fish stocks, is introduced. but also the preservation of its natural wealth and the conservation of marine species and the recovery of ecosystems. A specific article on artificial reefs is also incorporated, given its impact on fisheries resources. It is also necessary to adapt our reference standard to the progress made since European Union law in the field of communications and documents such as the landing declaration or the fishing logbook so that, in essence, it is use electronic means for recording and transmitting this data.

On the other hand, there are three improvements in the instruments for the management of the fishing fleet. The Census of the Operative Fishing Fleet is an instrument of planning and management of the fishing fleet, as well as of regulation of the fishing effort in the field of marine fishing. However, it is also necessary to have a General Register of the Fishing Fleet, which, in accordance with the judgment of the Constitutional Court 166/2013 of 7 October, includes both the vessels fishing in the external waters and those that operate external waters and inland waters (Census of the Operational Fishing Fleet), such as those that exclusively operate in inland waters and auxiliary vessels of aquaculture facilities (Registers or Censuses of Autonomous Communities), is to say all the vessels that are part of the Community Register of Ships. The judgment also clearly leads to the establishment of registers of the fishing fleet to competition in the field of sea fishing. Under this case-law, and for the purpose of allowing the Kingdom of Spain to comply with Community obligations on the supply of data for all Spanish vessels, respecting the executive powers of the Community The General Register of the Fishing Fleet is hereby established in the register of vessels operating exclusively in inland waters.

Likewise, through the present reform, semantic conflicts and interpretation are avoided, since the Registry of Ships and Shipping Companies, which includes both fishing and merchant vessels, is managed by the Ministry of Public Works under Royal Decree 1027/1989 of 28 July on flag-bearer, vessel registration and maritime registration.

In sum, with this modification the old Census of Ships of Maritime Fishing and the Register of Ships of the up to now in force articles 22 and 57 disappear, in order to create a unique system, the mentioned General Register, with two components and fully coordinated with the Community Register. The Register of Ships disappears and the Census of the Operational Fishing Fleet, currently regulated in Royal Decree 1549/2009, of October 9, on the Management of the Fishing Sector and adaptation to the European Fisheries Fund, becomes only the part of the General register dedicated to the fleet operating in external waters and the simultaneous external and internal waters. Closing the circle, the General Register will be the Spanish component of the Community Register.

On the other hand, it is necessary to delete Article 59 (3), concerning the identification of the fishing vessel as an identification document, as it has become effective due to its replacement by the Community License which issues the Directorate-General for Fisheries Management. Finally, it is necessary to strengthen compliance with the provision introduced by Royal Decree 1586/2012 of 23 November 2012 amending Royal Decree 1549/2009 of 9 October on the management of the fisheries sector and adapting to the European Fisheries Fund, in relation to the conditions and procedure for permanently updating the measures of vessels not subject to extraordinary regularisation processes, in order to ensure that their real characteristics coincide with the registers.

Third, fishing and fishing tourism, as well as aquaculture tourism, is presented as the first line of diversification, which allows the revitalization of the coastal and rural areas where the activity takes place, promoting, directly or indirectly, the dissemination, evaluation and promotion of the various trades and ways of life, as well as the heritage and the fishing culture. Among the activities associated with fishing or fishing tourism, is that of fishing-tourism, which for its particular conditions requires a specific regulation. Fishing or seaman tourism is intended to be a product or tourist experience in the field of marine culture, understood in the broad sense, both at sea and on the coast (marine activities such as the crafts of marshmowers or flags), and which therefore transcends the mere set of material fishing activities by professionals. In this specific area of economic diversification, the Ministry of Industry, Energy and Tourism will collaborate and promote the Ministry of Tourism.

Given the significant scope that they can collect and their undoubted impact on the sustainability of the resource, it is essential to strengthen and complete the regulation of activities such as the tourism sector, so as to ensure a sustainable and coherent management of living marine resources in all its fields. This is why the Ministry of Agriculture, Food and Environment will coordinate and encourage the development of the various diversification actions that are implemented, as a complement to or as an alternative to fishing and Main aquaculture. In this way, a Chapter VI is added to Title II "Management of the fisheries sector", which aims to regulate measures for the diversification of fisheries and aquaculture. The existence of a special control focused on these questions is based on the imperative reasons of safety of navigation and extractive control of the resource that differentiate this subsector from others related to the tourist activity. In addition, a number of definitions on this specific area are introduced in Article 2, which seek to facilitate understanding of the subject-matter of the new Chapter VI of Title II. It should be recalled that the definitions in Article 2 are laid down for the purposes of the Law on the Maritime Fisheries of the State, which does not preclude the explicit recognition that the Spanish legal order has made the definitions contained in the Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, as well as those of other Community Regulations in force in this field, given their direct applicability in Spain.

Furthermore, Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy provides for the objective of the Common Fisheries Policy to ensure that the activities of the Fisheries and aquaculture contribute to long-term environmental, economic and social sustainability.

Illegal, unreported, or unregulated (IUU or IUU) fishing has become one of the greatest threats to the sustainable exploitation of living aquatic resources and marine biodiversity, and contravenes both the principles governing the Common Fisheries Policy and international efforts to achieve better governance of the seas, in accordance with the principle laid down in the United Nations Convention on the Law of the Sea, In the Bay of Montego on December 10, 1982, of which the Kingdom of Spain is a part.

Thus, national legislation must reflect the progress that has been made at Community and international level from the point of view of the establishment of infringements and sanctions regimes, from the perspective of Punitive and preventive measures to ensure the management systems of fisheries.

In particular, the progress made by Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, discourage and eliminate fishing is noteworthy. illegal, unreported and unregulated, and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system to ensure compliance with the rules of the Common Fisheries Policy. The validity of both norms, of direct application in our Legal Order, advises the introduction of a new specific article on the control of illegal fishing, not declared and unregulated, the extension of the article consecrated to establishing certain prohibitions on the marketing of fishery products, as well as a more rational adaptation of the regime of infringements and penalties laid down in Law 3/2001 of 26 March, as a result of their reform.

A reform, which is also in line with other fundamental elements, such as the proliferation of recreational fishing activities, supported by increasingly novel and sometimes harmful resources for resources and for the professional fishing activity, which requires the introduction of some elements that are of its own. In addition, the experience of these more than ten years of the regime of infringements and penalties has shown that there are specific problems in the area of sanctions in the field of sea fishing, as well as the need for to study new mechanisms successfully put in place in other sanctioning orders from the point of view of administrative efficiency, such as voluntary payment with a reduction of pecuniary sanction, developed in a pioneering way within the General Directorate of Traffic.

Definitely, the objectives of budgetary stability should not call into question the importance that for an eminently fishing country such as Spain has in achieving the objectives of conservation, protection and regeneration. of the fishery resources. Objectives which, in essence, are achieved through appropriate control tasks, as well as through the implementation of fisheries and oceanographic research. Activities and research whose multiplier effect, in view of the sustainability and socio-economic profitability of the fisheries sector, is undoubted. It is therefore considered appropriate, on the basis of the necessary non-increase in public expenditure, to recognise the need for sufficient resources, so that the policies for the control and protection of fisheries resources have an impact on The Ministry of Agriculture, Food and the Environment has a positive role in the field, thanks to the General Secretariat for Fisheries. Sufficient resources, which are also set out in the above mentioned Community regulations.

The coordination between the different Ministries and Administrations regarding the Registers and Censuses, is a basic necessity in the era of computer science, so that they can be carried out with greater rigour and processes for the authorisation and control of administrative activities, and in this sense the law is to be reformed.

Finally, again following the case-law of the Constitutional Court in its judgment 166/2013 of 7 October 2013, the provisions of Chapter V are correctly and completely adjusted to the constitutionality block. Title II-Ports of landing and first sale of fishery products-as a result of the requirements for traceability of all fishery products established by Council Regulation (EC) No 1224/2009 of 20 November 2009, establishing a Community control system to ensure the protection of the compliance with the rules of the Common Fisheries Policy. From this perspective, and in order to ensure a traceability check of mandatory compliance under Community law, it is appropriate to declare among the competing titles that the prevalence of the rating contained in the Article 149.1.13. basic of the management of commercial activity with regard to the establishment of traceability requirements for fishery products for the purpose of placing on the market.

Single item. Amendment of Law 3/2001 of 26 March on Maritime Fisheries of the State.

Law 3/2001, of 26 March, of Maritime Fisheries of the State is amended as follows:

One. Article 2 is amended, which is worded as follows:

" Article 2. Definitions.

For the purposes of this law, the following definitions are established:

Fishing activity: the extraction of fishery resources in external waters, as well as the extraction of crustaceans and molluscs with the fishing gear. It is excluded from this definition the activities of shellfish and aquaculture, as well as fishing in inland waters.

Outer waters: maritime waters under Spanish sovereignty or jurisdiction, located outside the base lines, as provided for in Law 20/1967 of 8 April on extension of maritime jurisdiction to twelve miles, fishing effects, and Royal Decree 2510/1977 of 5 August 1977, of jurisdictional waters, straight baselines for their delimitation.

Inland waters: maritime waters under Spanish sovereignty or jurisdiction located within the base lines.

Fishing art: all gear, net, useful, instrument and equipment used in offshore fishing in external waters.

Artificial reef: the set of elements or modules, consisting of various inert materials, or the hulls of wooden vessels specifically adapted for this purpose that are distributed on a delimited surface of the seabed.

Usual vessel: that vessel that has continuously, repeatedly and continuously engaged in a fishery, considering as such the voluntary non-interruption of such activity for two consecutive years.

National fishing grounds: maritime waters under Spanish jurisdiction or sovereignty.

Historical catches: those taken regularly by a vessel from a given date.

Fishing or aquaculture diversification: The development of complementary activities carried out by professionals in the fisheries sector, in order to strengthen the economy of the fishing communities.

fishing effort: the intensity with which the fishing activity is carried out, measured as the capacity of a vessel, according to its power and tonnage, the time of its activity, and other parameters that may have an impact on its intensity fishing. The fishing effort developed by a set of vessels shall be the sum of the exercise for each vessel.

Lonja: the planned installation for the exhibition and first sale of the fresh fishery products, located in the harbour enclosure and authorized by the competent bodies of the autonomous communities in the field of management of the fishing sector.

Ordering the commercial activity of fishery, shellfish and aquaculture products: the regulation of the operations that are carried out with respect to these products, since the end of the first sale until their arrival. to the final consumer, and in particular to transport, storage, processing, exhibition and sales.

Fisheries management: the regulation of the economic or productive sector of fisheries, in particular the fisheries sector, the fishing fleet, the establishment of base ports and basic changes, and the first sale of fishery products.

Maritime fisheries: the set of measures for the protection, conservation and regeneration of living marine resources in external waters, as well as fishing activities, in those waters.

Pesque-tourism: type of fishing or fishing activity carried out on board fishing vessels by professionals in the sector, by means of economic consideration, which aims at the recovery and dissemination of their work in the marine environment, in which the tourists on board will not be able to carry out the fishing activity.

Fishery: exercise of fishing activity aimed at catching a species or group of species in a given area or fishing grounds.

Fishing possibilities for vessels: volume of catches, fishing effort or time in an area, which has corresponded to a vessel according to the allocation based on the criteria set out in this law.

Fishing resources: living marine resources, as well as their skeletons and other products, susceptible to exploitation.

aquaculture tourism: activity carried out by the groups of professionals who develop the activity of aquaculture, by means of economic consideration, oriented to the valorization and diffusion of their activity and of the products of the aquaculture medium.

Fishing or seaman tourism: Activity developed by the collective of seafarers, through economic consideration, oriented to the valorization and diffusion of the activities and products of the marine environment, as well as customs, traditions, heritage and marine culture, which therefore transcends mere extractive and commercial activity.

Fishing zone or fishing grounds: geographical area subject to unique management or conservation measures, on the basis of biological criteria. "

Two. A new Article 3a is introduced.

" Article 3a. Equal treatment and opportunities.

The actions and measures contained in this law must respect the principle of equal treatment and opportunities, in order to avoid, in the development of the various activities regulated in this law, situations of discrimination in fact on grounds of sex, racial or ethnic origin, disability, sexual orientation, age, belief or religion, or any other personal or social condition or circumstance. "

Three. Two new points are added to Article 8 (1), which is worded as follows:

" 1. In order to ensure the improvement and conservation of fishery resources, the Minister for Agriculture, Fisheries and Food may adopt, inter alia, the following measures for the regulation of fishing effort:

(a) The limitation of the number of vessels according to the impact of their characteristics on the fishing effort of the fleet as a whole in a fishery.

b) The limitation of fishing activity time.

c) The closure of the fishery.

(d) The limitation of the nets, the size of the gear, the number of hooks or any other measure in the gear used which can regulate the fishing effort developed by each vessel.

e) The reduction of fishing capacity. "

Four. Article 14 is amended, which is worded as follows:

" Article 14. Marine reserves.

1. Marine reserves shall be declared those areas which, due to their special characteristics, are considered appropriate for the regeneration of the fishery resources, contributing to the preservation of the natural wealth of certain areas, conservation of the different marine species or the recovery of the ecosystems. The protection measures shall determine the limitations or the prohibition, in the case of the exercise of the fishing activity, as well as any other activity likely to alter the natural balance.

2. Areas or areas with different levels of protection may be defined in the field of marine reserves.

3. Marine Reserves may be integrated into the Network of Marine Protected Areas referred to in the Marine Environment Protection Law. "

Five. A new Article 15a is added, which is worded as follows:

" Article 15a. Artificial reefs.

1. The Ministry of Agriculture, Food and the Environment may authorise the installation of artificial reefs in external waters.

2. In those cases where the reefs occupy simultaneously external and internal waters, the authorization shall be carried out jointly by the Ministry of Agriculture, Food and the Environment and the Autonomous Community of the waters. interiors.

3. The authorisation for the installation of an artificial reef shall not imply the right to exploit the occupied zone by the holder of the artificial reef.

4. The minimum requirements to be met by the reefs must be determined in order to be constructed with materials that do not produce pollution in the marine environment. The use of scrap and other non-specifically authorised waste materials is expressly excluded.

5. The sinking of vessels in order to install artificial reefs may only be carried out in accordance with the conditions laid down in regulation. "

Six. Article 22 is amended, which is worded as follows:

" Article 22. Census of the Operational Fishing Fleet.

1. The Census of the Operational Fishing Fleet will contain the relationship of the Spanish flag vessels that can exercise fishing activity in the waters of the scope of this title, that is, the vessels fishing in external waters and those that External and internal waters and their operation shall be developed regulatively. The Census shall contain all the parameters of the vessels that may have an impact on the fishing effort developed by the fleet, including the modalities, fisheries and fishing grounds. Its content is part of the General Register of the Fishing Fleet that is created in Article 57.

2. Only vessels included in this Census may be authorised and provided with dispatch for fishing or auxiliary fishing activities.

3. Registration in the Census of the Operational Fishing Fleet will not exempt from the fulfillment of the duty of registration in the Commercial Registry and in other public records that may exist.

4. For the purposes of its membership in the Census of the Operational Fishing Fleet, all vessels shall be assigned to a single census by modality and fishing grounds. "

Seven. Article 33 is amended, which is worded as follows:

" Article 33. The fishing diary.

1. The masters of the fishing vessels shall carry on board a fishing logbook in order to reflect on the details of the fishing activity carried out on the terms which they regulate.

2. Masters of fishing vessels bound by the rules in force shall record by electronic means the information relating to fishing activities and shall transmit it at least once a day, also by electronic means, to the authority. competent even if no catches have been made.

3. In application of Community legislation, it may be exempted from the obligation to take the fishing logbook to fishing vessels of certain characteristics and activity. "

Eight. A new paragraph 4 is added to Article 34, which is worded as follows:

" 4. The masters of the fishing vessels required by the rules in force shall record the data of the landing declaration by electronic means and shall also transmit it by electronic means to the competent authority. '

Nine. The first paragraph of Article 38 is amended, which is worded as follows:

" Article 38. Maritime fisheries inspectors in external waters.

1. Maritime fisheries inspectors in external waters shall have the status of officers of the authority in the performance of their inspection activities, without prejudice to the powers of the Armed Forces and the Security Forces and the Armed Forces. Status. "

Ten. A new Article 40a is added, which is worded as follows:

" Article 40a. Control of illegal, unreported and unregulated fishing.

1. The necessary control and inspection measures shall be taken to ensure that fishery products imported into Spain and exported from Spain have been caught in compliance with international conservation and management measures and, where appropriate, the other relevant rules applicable to the fishing vessel concerned, and do not come from illegal, unreported and unregulated fishing.

2. Such measures shall be particularly aimed at preventing, discouraging and eliminating the activity of stateless vessels, vessels flying the flag of qualified countries as well as flags of convenience or ships of third countries identified by International Organizations for having engaged in illegal fishing activities.

3. The actions necessary to effectively deter Spanish nationals from carrying out illegal, unreported and unregulated fishing operations, or to facilitate their performance by vessels flying the flag of third countries operating outside the EU, shall be promoted. Community waters, including measures to identify such nationals, as well as the verification of the activities of nationals with regard to third-country vessels operating outside Community waters. '

Once. Article 57 is amended, which is worded as follows:

" Article 57. General Registration of the Fishing Fleet.

1. The Ministry of Agriculture, Food and Environment creates a General Register of the Fishing Fleet, where all fishing vessels flying the Spanish flag that are part of the Community Register of Ships will be included.

2. This General Register shall be made up of vessels operating in external waters and those which consign external and internal waters contained in the Census of the Operational Fishing Fleet as regulated in Article 22 and by vessels operating in the field. exclusively in inland waters.

3. The Ministry of Agriculture, Food and Environment will be responsible for the conduct and modifications of this General Register of the Fishing Fleet and its communication to the European Union, and will maintain a permanent electronic communication with the autonomous communities, which are obliged to incorporate into the Register the data of vessels operating exclusively in inland waters and auxiliary vessels of aquaculture facilities, of whose registration or census are competent.

4. The operation of the General Register shall be developed in a regulated manner.

5. Public aid and transfers of national funds to the autonomous communities for fisheries purposes and the other measures of the Common Fisheries Policy which the European Union rules will link to the Community Register will be linked to the effective compliance with the reporting obligations provided for in this Article. "

Twelve. Article 58 is amended, which is worded as follows:

" Article 58. Construction, modernization and conversion programmes.

1. The construction, modernisation and conversion of fishing vessels will be carried out within the framework of the programmes to be implemented by the Government with the participation of the Autonomous Communities in the field of their respective competences, adaptation of the fishing effort to the state of the resources, the situation of existing fisheries and the specific fisheries management plans in force.

2. Changes in the tonnage and/or power of the vessels in the third list in the Register of Ships and Shipping Companies carried out without the required authorisations shall give rise to the obligation to provide low-level census equivalent to the increases produced in the tonnage and/or propellant power, without prejudice to the other consequences which are legally or regularily derived from the absence of such authorisations. '

Thirteen. Article 59, paragraph 3 of which is deleted and paragraphs 1 and 2 of which are worded as follows:

" Article 59. New construction of fishing vessels.

1. The approval of the construction of fishing vessels will require the units to be constructed to replace one or more ships contributed as low-registered in the General Register of the Fishing Fleet, under the conditions that they regulate. are set.

Such conditions shall affect the tonnage, power and other technical requirements of fishing vessels, in accordance with the arrangements for fishing or the fisheries for which they are intended.

2. Without prejudice to the powers of the Ministry of Public Works, the authorisations for new buildings correspond to the autonomous community in which the vessel is to have its base port.

The autonomous community will grant such authorization by taking into account the relevant basic regulations and the previous favorable report of the Ministry of Agriculture, Food and Environment on the aspects of its competition. exclusive in the field of sea fishing. "

Fourteen. Article 60 (2), which is worded as follows, is amended as follows:

" 2. When the modernization and conversion works involve an increase in fishing effort, the contribution of other vessels registered in the General Register of the Fishing Fleet will be required in the form or with the exceptions that are regulated. set. "

Fifteen. Article 62 (3), which is worded as follows, is amended as follows:

" 3. The permanent cessation of a fishing vessel shall be reduced to the General Register of the Fishing Fleet and to the third list of the Register of Ships and Shipping Companies. "

Sixteen. A new Chapter VI is introduced in Title II. Measures for the economic diversification of the fisheries and aquaculture sector, with the following content:

" CHAPTER VI

Fisheries and aquaculture diversification measures

Article 74a. Coordination and promotion of the economic diversification of the fisheries and aquaculture sector.

The Ministry of Agriculture, Food and Environment will strengthen measures for economic diversification in the fisheries and aquaculture sector, in particular aquaculture tourism, fishing and fishing, and tourism, without prejudice to the powers of the Ministry of Industry, Energy and Tourism and the Autonomous Communities.

Article 74 ter. Conditions of fishing-tourism.

1. For the exercise of the fishing-tourism, the previous favorable report of the Ministry of Public Works, concerning the conditions of maritime safety, navigation, human life in the sea and the prevention of pollution, must be counted. with the prior communication to the Ministry of Agriculture, Food and Environment, without prejudice to the requirements laid down in the relevant legislation for operators legally established in Spanish territory.

2. The performance of this activity shall be compatible with extractive fishing for which the vessel is authorised, provided that such vessels fulfil the conditions of safety and habitability which they regulate. In any case, tourists on board these vessels may not engage in fishing activities.

Reglamentarily, consulted by the autonomous communities, the conditions of complementarity and compatibility of the activity of extractive fishing and fishing-tourism and the conditions of the boarding of the passage will be established.

3. In accordance with the first paragraph, those activities shall be carried out in any case by professionals in the sector, subject to the Special Regime of the Social Security of the Sea Workers.

4. The Minister for Agriculture, Food and the Environment, consulted by the Autonomous Communities, will be able to establish specific measures for fishing in external waters for the protection and conservation of fishery resources.

5. The Ministry of Agriculture, Food and the Environment should be informed of the vessels carrying out this activity.

6. Those vessels which choose to carry out the activities of fishing-tourism must take out insurance or other equivalent financial guarantee to cover the liability of the civil liability in the terms that are regulated in accordance with the rules with maritime legislation.

7. The conditions for placing on the market the fishery products thus obtained may be regulated. "

seventeen. Article 79 is amended, which is worded as follows:

" Article 79. Prohibitions.

1. The marketing of fishery and shellfish products of any origin or origin, including possession, possession, transport, traffic, storage, processing, exhibition and sale, shall be prohibited in the following cases. cases:

(a) That they are of a size or weight lower than that regulated in the international, community, state and regional regulations of application in each case.

b) That they come from illegal, unreported and unregulated fishing.

c) That their mode of procurement has not been in accordance with international, community, state and regional implementing regulations.

d) Incompliance with the health regulations applied. "

Eighteen. Title V is amended as follows:

" TITLE V

Violations and penalties

CHAPTER I

General object and principles

Article 89. Object.

This title is intended to:

(a) Establish the sanctioning regime for sea fishing, the application of which is for the competent bodies of the General Administration of the State.

(b) Establish the basic rules of the system of penalties for the management of the fisheries sector and the commercial activity of fishery products, whose legislative and enforcement development is the responsibility of the competent bodies of the Autonomous Communities.

Article 90. Scope of application.

The provisions of this Title are applicable to conduct or acts committed:

a) Within the territory and maritime waters under Spanish sovereignty or jurisdiction.

(b) Outside the territory or maritime waters under Spanish sovereignty or jurisdiction by natural or legal persons, on board or using national flag vessels.

(c) Outside the territory or maritime waters under Spanish sovereignty or jurisdiction by natural or legal persons of Spanish nationality, on board stateless or non-national vessels; or foreign-flagged vessels or using the same, in the latter case, provided that the flag State has not exercised its sanctioning jurisdiction in accordance with the rules in force.

(d) In addition to the provisions of the foregoing paragraphs, it shall also apply to acts or conduct detected in the territory or maritime waters under Spanish sovereignty or jurisdiction and considered as illegal fishing, not declared and not regulated in accordance with the terms and conditions laid down in Community or international law, even if they have been committed outside that scope, irrespective of the nationality of the authors and the flag of the vessel.

Article 91. Responsible.

1. The natural or legal persons who commit them by themselves, or by legal persons in which they exercise the corporate control under the law of trade, shall be liable for the offences defined in this law, even if they are integrated into temporary unions of enterprises, groups or communities of goods without personality.

2. Supporting officers:

(a) Where the offence is imputable to several persons and it is not possible to determine the degree of participation of each person, they shall be jointly and severally liable:

1. The owners of vessels, shipowners, charterers, importers and their representatives, tugs, consignors, holders of the concession of fishing auctions, responsible for the first sale, markets wholesalers, responsible for fattening facilities for bluefin tuna or other fishery resources, captains and skippers or persons directing fishing activities, in the case of maritime fishing offences.

2. No carriers or any persons involved in the transport of fishery products in respect of the alleged infringement provided for in Article 103 (d).

3. The owners of the marketing or processing companies of fishery products and personnel responsible for the same in the cases of violations affecting these activities.

(b) Where compliance with the obligations laid down in a legal provision corresponds to a number of persons together, they shall respond in solidarity to the infringements which, where appropriate, are committed and to the penalties provided for impose.

(c) They shall be jointly and severally liable for the failure to comply with the obligations imposed by the law which entail the duty to prevent the administrative offence committed by others, the natural and legal persons on whom duty falls, where this is determined by this law.

3. The owners of vessels and/or shipowners, in the event of a complaint for alleged administrative infringement of sea fishing, duly required to do so, have a duty to identify the employer and/or person responsible for the vessel, and if they breach this obligation they will be punished as perpetrators of a serious breach of lack of collaboration or obstruction of inspection.

Article 92. Concurrence of responsibilities.

1. The liability for the actions or omissions established in this law is of an administrative nature and does not preclude those from another order to be taken.

2. Penalties imposed on different subjects as a result of the same infringement shall be independent of each other.

3. Acts which have been punishable by criminal or administrative punishment may not be sanctioned in cases where the identity of the subject, fact and substance is assessed.

4. In cases where the conduct may be a criminal offence, the Administration shall pass the fault of the fault to the competent jurisdiction and shall refrain from following the sanctioning procedure while the judicial authority does not give final judgment, the dismissal or file of the proceedings takes place or the file is returned by the Prosecutor's Office.

5. If the existence of a crime has not been appreciated, the competent administrative body shall continue the criminal case. The stated facts proven in the final court judgment will bind the administrative body.

Article 93. Limitation of infringements and penalties.

1. The administrative offences provided for in this law shall be prescribed: within three years the very serious, in the period of two years the serious and in the one year the most serious.

2. The penalties imposed by the committee on very serious infringements shall be prescribed at three years, while those imposed by serious or minor offences shall be imposed at two years and a year respectively.

3. For the purposes of calculating the time limits for the limitation of infringements and penalties, the provisions of Article 132.2 and 3 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Administrative Procedure shall be provided for. Common.

In the case of continued infringement, the limitation period shall begin to count from the moment of the completion of the activity or the last act with which the infringement is consumed. In the event that the facts or activities constituting an infringement are unknown because they are not external signs, the time limit shall be computed from the fact that they are manifest.

Article 94. Time limit for processing of the sanctioning procedure.

1. The maximum period for dealing, resolving and notifying the penalty decision will be six months for minor offences, and nine months for serious and very serious infringements. That period shall be computed from the adoption of the initiation agreement of the procedure.

2. On the expiry of that period, the body responsible for resolving the proceedings shall, without prejudice to the application of the competent body, declare the initiation of a new procedure, as long as the infringement has not been prescribed.

Article 95. Previous and research actions.

1. In the context of prior action or of the instruction of a sanctioning procedure, competent officials may investigate natural or legal persons who may have a legal relationship directly or indirectly, commercial, financial or any other type with the fishing activity or the marketing of fishery products.

2. Natural persons, as well as administrators, representatives and employees of the legal persons referred to in paragraph 1 shall be obliged to cooperate with the officials responsible in the performance of their duties and to provide the documentation that is required for the purpose of facilitating the investigation or instruction work.

3. Research or training activities may consist of the examination of documents, books, main and auxiliary accounts, files, invoices, supporting documents, correspondence with relevance to the effects of research, databases, etc. computerised, software, records and computer files relating to economic activities, as well as in the inspection of goods, elements, holdings and any other antecedents or information to be provided to the Administration or which is necessary for the requirement of the obligations laid down in the fishing and marketing of fishery products.

4. Where the activities of research, inspection or training so require, officials who carry out these tasks may, in accordance with Community rules for the control and control of IUU fishing, enter into the (a) ship dependencies, as well as on farms, business premises and other establishments or places where activities which may be related to the fishing or marketing of fishery products are carried out.

5. Where in the exercise of the investigative actions it is necessary to enter the constitutionally protected domicile, the Administration must obtain the consent of that or the appropriate judicial authorization.

6. The inspection staff may be assisted by support staff for carrying out tasks of assistance in the inspections, without this in any case exempting the inspectors from carrying out the duties entrusted to them.

7. When an inspection visit is carried out, the agents and authorities shall communicate their presence, unless they consider that such communication is likely to impair the success of their duties.

Article 96. Notifications.

1. In accordance with the provisions of Articles 58 and 59 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, the captains and employers, or persons concerned, direct fishing activities shall be deemed to have been notified after the notification to the holder of the fishing licence with which he/she serves.

2. The Minister for Agriculture, Food and the Environment may establish, in relation to the acts to be notified by the General Administration of the State in the framework of the procedures sanctioning in matters of sea fishing, the compulsory and/or voluntary use of electronic means for those holders of fishing licences who, by reason of their economic or technical capacity, dedication or other reasons which are regulated by regulation, are granted access and availability of the precise technological means.

Article 97. Provisional measures.

1. The competent authorities in the field of sea fishing and the agents and authorities acting by delegation or by virtue of any other legal form provided for in law may, as soon as they are aware of the Commission's an alleged infringement, the precise provisional measures, including the suspension of fishing authorisations, the boarding and retention of the vessel, and the confiscation of the gear, gear and fishing gear, of the catch or of the fishing catch; the products of the fishery or of the goods or goods obtained in the commission of the infringements in question the cases of serious or very serious infringements, in order to ensure, inter alia, the effectiveness of the decision which may be taken, the good end of the procedure, the prevention of the effects of the infringement and/or the general interest. All these measures may be adopted cumulatively.

2. In any case, they shall be considered to be provisional measures identified as coercive measures in the international and Community rules against illegal, unreported and unregulated fishing.

3. The adoption of these measures shall be carried out in a reasoned manner. Where necessary, for reasons of urgency or need, the competent authorities shall take such measures in a verbal manner, giving reason for their action, and must reflect the agreement and its reasons in writing as soon as possible and, in any case, within a period of not more than five days, giving the persons concerned a transfer.

4. The provisional measures must be confirmed, amended or lifted in the agreement initiating the procedure, within 15 days of their adoption. The measures taken shall be without effect if the procedure is not initiated within that period or where the initiation agreement does not contain an express statement of the measures.

5. The provisional measures shall be taken on the basis of a reasonableness judgment and the least damaging to the legal status of the administered one.

Article 98. The boarding or retention of vessels and the confiscation of the gear, gear and equipment of fishing or fishing catch, fishery products or products or goods obtained as a provisional measure.

1. Vessels caught and/or retained shall be released without delay, subject to the lodging of a security or other financial guarantee normally provided for by the competent body, by means of the administrative act concerned. may exceed the amount of the penalty which may correspond to the offence or offences committed. The time limit for the provision of the security shall be one month from the date of its establishment, which may be extended for the same time and for justified reasons. If no security is provided within the prescribed period, the vessel will be at the disposal of the Ministry of Agriculture, Food and Environment, which may decide on its location and destination in accordance with current legislation and the regulation of the law. International derivative of the United Nations Convention on the Law of the Sea and the case law of the International Court of Law of the Sea based in Hamburg.

2. The seized gear, gear, gear or fishing gear shall be destroyed. The seized regulations shall be returned to the data subject, subject to the lodging of a security or other legally provided financial guarantee, in accordance with the same terms, procedure and consequences as in the previous paragraph.

3. Fishing catches and/or fishery products seized, if they are likely to survive, shall be returned to the marine environment without delay. Otherwise, when they are fit for consumption, they may:

a) Distribute between charities and other public and private non-profit institutions. This option will be preferred.

(b) Vended at auction or approved place, with the amount of such sale being made available to the competent body to initiate the sanctioning procedure.

(c) On a subsidiary basis, and where the sale in auction is not possible, the commencement of the public auction procedure shall be agreed, in the terms that are regulated.

(d) As a last option and only in cases where none of the above options are possible, they shall be categorised as animal by-products not intended for human consumption, and shall be treated in accordance with the rules applicable to them. application, unless otherwise destroyed.

4. In the case of catches and/or fishery products seized unfit for consumption, classification and treatment shall be carried out as animal by-products not intended for human consumption, in accordance with the rules applicable to them, unless the destruction proceeds in any event.

5. The costs resulting from the adoption of provisional and precautionary measures or of the penalties, where appropriate, shall be borne by the alleged infringer.

CHAPTER II

Of the administrative violations in the field of maritime fishing in external waters

Article 99. Minor infractions.

The effects of this law are considered minor infractions:

(a) Any update of the personal data and circumstances that appear on the license when it does not require prior administrative authorization, without making the legally intended communication.

(b) The performance of fish fishing and fish selection when the visibility of the regulated lamps is hindered.

(c) the incorrect entry in the fishing logbook, on board electronic journal, where appropriate, and in the landing declaration which do not entail an alteration of the data relating to the catch, the fishing effort, or the the geographical position of the fishing hauls.

(d) The exercise of recreational fishing without carrying the licence or authorisations, having the same in force.

e) the failure to comply with the mandatory reporting obligations to the General Administration of the State or its communication in breach of the time limits or the terms of the provision, where it is not classified as serious or very serious; including how much registry information is required.

f) The exercise of recreational fishing with reed from land without the corresponding license or authorization.

(g) Actions or omissions involving non-compliance with the obligations laid down in Community fisheries legislation or provided for in international fisheries treaties and which do not constitute a serious or very serious infringement severe.

(h) Any infringement of the provisions of this law or any other legislation in force in the field of sea fishing, where it is not classified as serious or very serious.

Article 100. Serious infringements.

For the purposes of this law, serious violations are considered:

1. With regard to the exercise of the activity:

(a) The exercise or carrying out of fishing activities without having a licence or the corresponding authorisations.

(b) Failure to comply with the conditions laid down in the fishing authorisations.

c) Failure to comply with existing rules on fishing modalities.

d) The change of fishing mode without the required authorization.

e) The exercise or carrying out of fishing activities without being included in the specific census concerned.

(f) The exercise of fishing activities in prohibited funds, in fishing grounds, zones or periods of time not authorised or in closed areas.

g) Failure to comply with the rules relating to fishing effort or the length of time of the gear or gear.

(h) The use or possession on board of buoys or beacons that do not comply with the current regulations, or any other non-compliance with the regulations regarding signage.

i) Failure to comply with the obligation to respect the minimum distances for ships and gears established in the current regulations.

j) obtaining fishing authorisations in numbers higher than those legally permitted for reasons attributable to the person concerned.

k) The organisation of recreational fishing contests without the required authorisation, or in breach of the conditions of the authorisation.

(l) Any conduct typified as minor in the field of sea fishing, committed by natural or legal persons referred to in Article 91 of this Act, legally bound to stateless vessels, to vessels flying the flag of countries qualified as a flag of convenience or third country vessels identified by Regional Fisheries Management Organizations or other International Organizations for having engaged in activities of illegal, unreported and unregulated fishing or contrary to conservation measures and management of fishery resources.

m) Failure to comply with the obligations established under the International Treaties on Maritime Fisheries or Standards established within the Regional Fisheries Management Organisations or other International organizations, when it involves a violation of the conservation and management measures of the fishery resources.

2. With regard to the control and inspection of fishing activities:

(a) The alteration of the data and circumstances contained in the fishing licence or the corresponding fishing authorisations.

(b) The non-carrying on board of the fishing logbook or not having the electronic journal installed, as required by the rules in force.

(c) the non-completion of the fishing logbook, the electronic logbook or the landing declaration, or the alteration of the catch data, the fishing effort, the geographical position of the fishing lances; fishing or infringing the regulations in force.

(d) The failure to comply with the obligation to carry on board the vessel the fishing authorisations, the warehouse plans, as well as any other document required by the current regulations.

(e) Failure to comply with the obligation to provide the competent authorities with the sheets of the fishing logbook and the declaration of landing on arrival in port, within the time limits and form laid down in the rules in force.

(f) Failure to comply with the obligation to transmit to the competent authorities the recordings of the electronic journal, in accordance with the rules in force.

g) The incorrect identification or absence of identification in the boxes or packages of the species on board.

(h) Failure to comply with the obligation to communicate movements, transhipments, pre-notice of arrival to port, catches taken on board or absence thereof, and information on fishing effort, required under the current rules.

(i) Failure to communicate to the competent Spanish authorities, in the case of landing of catches outside the territory of the European Union, of the species, quantities and dates of such landing, as well as the area in which the catch was made, or to do so by distorting or hiding data.

j) Failure to comply with the obligation to communicate to the competent Spanish authorities the winding up of third country vessels.

k) The non-carrying on board of the satellite control device or of any other installed nature, established in the current regulations, for reasons attributable to the data subject.

l) Non-tenancy of operating or operating control devices, as well as manipulation, shutdown, alteration, damage or interference in their communications or operation.

m) The lack of shipment of manual location positions when the current regulations are stipulated.

n) The removal, alteration, concealment or cover-up of evidence that could be obtained in the course of the control and inspection tasks or procedures.

n) The non-disposition of the wind scale according to the current regulations, the lack of collaboration with the competent authorities in the field of sea fishing, agents and observers acting by delegation or by virtue of any other legal form provided for in law, as well as the obstruction of the inspection tasks, without preventing their exercise.

(o) non-compliance by non-Community fishing vessels of the obligation to make landings at the approved ports, and in the presence of officials responsible for the control, where required by the rules in force.

p) The landing, arrival and entry into port or use of the port services by non-Community fishing vessels without making the notifications and/or declarations provided for in the current regulations, or without the appropriate authorizations.

q) The landing or unloading of fishery products in places other than those authorised in such a way as to prevent or impede the control and inspection functions of fishery products in relation to the products under landing or download.

r) Failure to comply with the obligation to make visible, in the form prescribed by the regulations in force, the vessel's folio and registration or any other distinctive, as well as the handling thereof or to prevent its display.

s) Failure to comply with the obligations and requirements laid down by the current rules for the catch, trailer and caging of bluefin tuna.

t) Failure to comply with the obligations and requirements established by the regulations in force for weighing before the first sale.

u) Failure to comply with the obligations and requirements established by the current rules on the prohibition of discards.

3. In relation to species:

(a) The performance of any activity that harms the management and conservation of living marine resources, as well as underwater activities without authorization in those areas where it is required in accordance with the rules in force.

(b) The marine restocking without the corresponding authorisation or when the conditions laid down therein are not met.

(c) The holding, transhipment, landing, custody or storage, prior to its first sale, of fishing species whose provenance is not accredited in accordance with the regulations in force.

(d) The capture, holding, transhipment, landing, custody or storage, prior to the first sale, of fishing species without the necessary authorisations or under conditions other than those laid down in the same.

(e) The capture, possession, transhipment, landing, custody or storage, prior to their first sale, of unauthorised fishing species or of which the total allowable catch (TACs) or quotas would have been exhausted.

(f) The capture, holding, transhipment, landing, custody or storage, prior to their first sale, of fishing species of size or weight below the permitted or, where applicable, when the permitted margins are exceeded for certain species.

g) Non-compliance with the rules on maximum catch and/or landing caps allowed.

4. In the case of gear, gear, gear, instruments and fishing equipment:

(a) Failure to comply with technical measures relating to their mode of employment.

(b) The use or possession on board of the prohibited, unauthorised or anti-regulatory.

(c) Non-compliance with the regulations on the carriage and carriage of the gear or gear.

d) The use of devices that reduce the selectivity of the gear or gear.

e) The exercise of recreational fishing, using artificial surface or submerged lights, or any other irregular means for the attraction, detection or artificial concentration of fishing species.

(f) The exercise of underwater recreational fishing, using autonomous or semi-autonomous breathing equipment, or any other system that allows for immersion breathing, or using hydroplanes or similar vehicles.

Article 101. Very serious infringements.

The effects of this law are considered very serious violations:

a) The exercise or conduct of professional maritime fishing activities without being included in the Census of the Operational Fishing Fleet.

b) The performance of activities in order to prevent the right to the exercise of fishing activity.

c) The submission of documents, data, circumstances or false information for obtaining authorizations, permits, or licenses of any kind.

(d) The presentation of documents, data, circumstances or false information for obtaining public aid for the fishing activity, as well as the use of the same for purposes other than those provided for.

e) The exercise of fishing activity without authorisation in waters of the territorial sea or exclusive Spanish economic zone by non-Community fishing vessels.

(f) The holding on board or landing in Spanish ports, by non-Community fishing vessels, of fishery products whose origin is not identified in accordance with the regulations in force.

g) The landing or unloading in any part of the national territory of fishery products from non-Community countries without having obtained the prior authorisation provided for in the regulations in force.

(h) Use for fishing for explosives, weapons, toxic, poisonous, soporific or corrosive substances.

i) the resistance, disobedience or serious obstruction of the competent authorities in the field of sea fishing, agents and observers acting by delegation or by virtue of any other legal form provided for in law; preventing the exercise of its activity.

(j) The violation of the obligations established under the International Treaties in the field of sea fishing or the rules established within the Regional Fisheries Management Organizations or other Organizations International, where their non-compliance may endanger or threaten the normal execution of the same, or suppose or may result in a breach of the obligations assumed by the State.

k) Participation in transhipments or joint fishing operations with stateless vessels or third country vessels identified by Regional Fisheries Management Organizations or other International Organizations, by have engaged in illegal, unreported and unregulated fishing activities or in breach of measures for the conservation and management of fishery resources, or the provision of support or replenishment of such vessels.

l) Participation in the exploitation, management and ownership of stateless vessels, or third country vessels identified by Regional Fisheries Management Organizations or other International Organizations for having engaged in illegal, unreported and unregulated fishing activities or in breach of measures for the conservation and management of fishery resources, or the pursuit of commercial, commercial, social or financial activities related to fisheries same.

(m) Any conduct classified as serious in the field of sea fishing, committed by the natural or legal persons referred to in Article 91 of this Act, legally bound to stateless vessels, to vessels flying the flag of countries qualified as a flag of convenience or third country vessels identified by Regional Fisheries Management Organizations or other International Organizations for having engaged in activities of illegal, unreported and unregulated fishing or contrary to conservation measures and management of fishery resources.

CHAPTER III

Infringements in the field of fisheries management and the marketing of fishery products

Article 102. Minor infractions.

The effects of this law are considered minor infractions:

(a) The failure to comply with the mandatory reporting obligations to the Public Administrations or their communication in breach of the time limits or the terms of the information, where it is not classified as serious or very serious.

b) The loading of fishery products out of the places or ports set for this purpose.

Article 103. Serious infringements.

For the purposes of this law, serious violations are considered:

(a) The placing on the market of fishing species in breach of the rules on freshness and calibration categories, or without the necessary authorisations or under conditions other than those laid down in those rules authorizations.

b) the construction or modernization of fishing vessels on the sidelines or in breach of the mandatory authorizations of the competent bodies of the autonomous communities, or of the State, in the field of their respective competencies.

(c) Holding, consignation, transport, transit, storage, processing, exposure and sale, in any of the legally provided forms, of prohibited fishery products or of size or weight lower than the regulatory ones.

(d) The transport of fishery products without the corresponding documentation required by the legislation in force.

e) Failure to comply with current regulations regarding the power of engines or other parameters established for ships in respect of each fishing vessel or mode of fishing.

(f) The change of the base of the fishing vessel without prior obtaining the corresponding administrative authorisation, or its non-use in accordance with Article 65, with the exception of force majeure.

g) Obstruction of the inspection tasks, without preventing their exercise.

(h) The entry or exit of the port outside the timetable established for the pursuit of the fishing activity, unless such manoeuvres take place as a result of a state of need or force majeure, without prejudice to the powers of the port authority.

i) Failure to comply with established fishing breaks.

(j) the performance of activities for the sale of fishery products instead of or in the form not legally authorised or in breach of the required requirements, as well as the non-issuance of the sales note, with the obligation to do so; or including false data in the same.

k) The exercise of professional fishing activities without being in possession of the qualification that credits the professional nautical-fishing training and training.

l) The landing or unloading of fish species and products under conditions other than those established.

m) The incorrect identification in the boxes or packages of the species contained.

n) The hiring of staff who do not have the professional title or card required by the current regulations.

n) The permitment that the performance of a function or service on board is carried out by someone without proper titration or the corresponding waiver.

o) The obtaining, by fraud or false documentation, of a contract to exercise some of the functions, or to perform a certain task for which the current regulations prescribes the necessity of being in possession of a a given title or corresponding waiver.

p) Holding, consignation, transport, transit, storage, processing, exposure and sale, in any of the legally provided forms, of fishery products which do not comply with traceability requirements; labelling, hygiene or consumer information required by the rules in force.

Article 104. Very serious infringements.

1. For the purposes of this law, serious infringements are considered:

a) Getting accurate authorizations based on false documents or information.

b) Serious resistance or disobedience to the inspection authorities, preventing the exercise of the same.

(c) Any conduct classified as serious, where it involves non-compliance with obligations established under international treaties or third country rules, which are related to vessel fishing activities stateless, ships flying the flag of qualified countries as standard of convenience or ships from third countries identified by the Regional Fisheries Management Organisations or other International Organisations have engaged in illegal, unreported and unregulated fishing activities; or contrary to measures for the conservation and management of fishery resources.

2. Obtaining grants, loans and, in general, any type of aid, based on false data, as well as for purposes other than those provided for, will be governed by the applicable rules on subsidies.

CHAPTER IV

From Sanctions

Article 105. Classes.

1. The penalties that may be applied by the commission for the offences provided for in this law are as follows:

a) Aperception.

b) Public assembly.

c) pecuniary healing.

d) Point allocation according to the current regulations.

e) Disablement for the exercise or development of fishing activities.

f) Disregard of fishing gear, gear, or gear.

g) Disregard of fishing catches or fishery products or of products or goods obtained in the commission of infringements.

h) Suspension, withdrawal, or non-renewal of authorizations, licenses, or permissions.

i) Impossibility of obtaining loans, grants or public aid.

j) Seizure of the vessel.

k) Temporary mobilisation of the vessel.

l) Suspension of the status of authorised economic operator.

m) Reduction or cancellation of fishing rights or possibilities.

All of them may be imposed on the main basis, accumulating where appropriate.

2. The imposition of such penalties shall be carried out in accordance with the following requirements:

(a) The warning may only be imposed for minor infringements.

(b) Public admonition may only be imposed for minor and serious infringements.

(c) The financial penalty may be imposed in accordance with the rules laid down in Article 106.

d) The allocation of points will be made in accordance with the regulations in force.

e) Disqualification for the exercise or development of fishing activities shall not exceed a period of three years in the case of serious infringements and five years in the case of very serious infringements. It will not fit in the case of minor infractions.

(f) Confiscation of fishing gear, gear or gear may be imposed only in the case of very serious infringements and serious infringements relating to species, and relating to gear, gear, tools and fishing equipment.

(g) Confiscation of fishing catches or fishery products or products or goods obtained in the commission of infringements may be imposed regardless of the qualification of the offence.

(h) The suspension, withdrawal or non-renewal of the authorisations, licences or permits may not exceed a period of three years in the case of serious infringements or seven years in the case of very serious infringements. It will not fit in the case of minor infractions.

i) The impossibility of obtaining loans, grants or public aid may not exceed a period of two years in the case of minor infringements, three years in the case of serious infringements or seven years in the case of infringements. very serious.

(j) The seizure of the vessel may only be imposed in the case of very serious infringements.

k) The temporary immobilisation of the vessel may not exceed a period of six months in the case of minor offences, one year in the case of serious infringements or three in the case of very serious infringements.

l) The suspension of the status of authorised economic operator may not exceed a period of two years in the case of minor offences, three years in the case of serious infringements or seven years in the case of very serious infringements.

m) The reduction or cancellation of fishing rights or possibilities may be imposed in the case of very serious infringements and serious infringements relating to the control and inspection of fishing activities, and relating to species.

3. Irrespective of whether they may be a sanction, the sanctioning body may agree to the imposition of periodic penalty payments in accordance with Article 99 of Law No 30/1992 of 26 November 1992, after the expiry of the time limits specified in the relevant requirement. The amount of each of those fines shall not exceed 20% of the financial penalty fixed for the corresponding infringement.

4. By way of derogation from the provisions of 92.5, where the fishing vessel has been used for the purpose of trafficking in toxic drugs, narcotic drugs, psychotropic substances, illegal transport of immigrants, or any other constituent activity of crime and the responsibility of the perpetrators has been determined by judicial decision, they shall be disabled for the exercise or development of fishing activities for a period of ten years.

5. Obtaining grants, loans and, in general, any kind of aid based on false data, intended for purposes other than those intended or used improperly, will give rise to the reimbursement of the amounts obtained in accordance with the Law 38/2003, of November 17, General of Grants.

Article 106. Graduation of financial penalties.

1. Financial penalties shall be imposed in accordance with the following tranches:

a) The minor infractions will be sanctioned with a fine of 60 to 600 euros.

b) Serious infringements will be sanctioned with pecuniary sanction from 601 to 60,000 euros.

c) Very serious infractions will be sanctioned with pecuniary sanction from 60,001 to 600,000 euros.

2. Within the preceding tranches, pecuniary penalties shall be imposed on the minimum, average or maximum grades as follows:

a) pecuniary penalty for minor infraction:

1. Minimum degree: 60 to 200 euros.

2. Middle Grade: 201 to 400 euros.

3. Maximum degree: 401 to 600 euros.

b) pecuniary penalty for serious infringement:

1. Minimum degree: from 601 to 15,000 euros.

2. Middle Grade: 15.001 to 40,000 euros.

3. Maximum degree: from 40,001 to 60,000 euros.

c) Punic penalty for very serious infringement:

1. Minimum degree: from 60,001 to 120,000 euros.

2. Middle Grade: from 120.001 to 240,000 euros.

3. Maximum degree: from 240,001 to 600,000 euros.

3. Pecuniary penalties shall be imposed on the minimum, average or maximum levels of care, inter alia, for the following criteria:

a) Economic benefit to obtain or expect to obtain the alleged infringer as a result of the infringement committed.

b) Size and power of the vessel.

(c) Nature of the damage caused, in particular to marine funds, ecosystems and living organisms, economic resources, public domain goods or third parties or the condition to areas with environmental or fisheries protection.

d) Possibility of restitution of the damage caused as a result of the commission of the infringement.

Article 107. Enforcement of sanctions in respect of sea fishing in external waters.

The resolution will be executive when you end the administrative path.

Article 108. Reduction of the financial penalty for sea fishing in external waters.

Finalized the procedure for sanctioning of sea fishing in external waters, and the resolution of the sanctions notified to those responsible, they will have a period of 20 calendar days to make the voluntary payment with a reduction of the financial penalty in the terms and conditions provided for in the following Article.

Article 109. Requirements and effects of the reduction of the financial penalty.

1. Voluntary payment with a reduction of the financial penalty shall be applicable to financial penalties imposed for administrative offences relating to sea fishing in external waters of a minor or serious nature, the amount of which does not exceed 15,000 (a) and provided that the parties concerned have not been subject to a final penalty for serious or very serious infringements of sea fishing in the waters of the two years preceding the commission of the infringement, and in the Penalty resolution has not been assigned points, in accordance with current regulations.

2. In the case of sanctioning procedures followed by the commission of more than one infringement, this reduction shall not apply to any of the financial penalties if the sum of the penalties exceeds EUR 20,000.

3. Voluntary payment made under the terms and conditions set out in this law shall entail the following consequences:

(a) The 30 percent reduction in the amount of the financial penalty imposed in the penalty resolution.

(b) The reduction of 50 percent of the amount of the financial penalty imposed on those procedures terminated because the person concerned expresses his agreement with the proposal for a sanction at any time prior to the resolution of the procedure if the compliance of the competent body to resolve is on average.

(c) The firmness of the sanction on an administrative basis from the moment of payment, producing full effects from the day following the execution of the same, being recourse only to the court order administrative-litigation.

(d) The time limit for an administrative-administrative appeal shall be initiated on the day following the day on which the voluntary payment takes place, unless the replenishment is brought in.

4. In no case shall this reduction be achieved where the conditional suspension provided for in the following Article has been agreed.

Article 110. Conditional suspension.

1. In the case of penalties in the field of sea fishing, the decision ending the administrative route shall be imposed by the offender, within one month of the notification, the conditional suspension of the execution of the sanction. imposed, in writing duly motivated, addressed to the Minister of Agriculture, Food and Environment, expressing the commitment to subject to the conditions that for its granting will be established, in order to guarantee, during the period of suspension, a conduct of compliance with the regulatory regulations of the exercise of the fishing activity. The submission of the application shall determine the automatic suspension of the execution of the sanction until the decision of the file on the conditional suspension.

The conditional suspension period will be six to nine months for minor faults and nine to sixteen months for serious misconduct, in both cases in the circumstances of the offence committed. No suspension in the case of a very serious infringement commission.

2. They will be eligible to apply for the conditional suspension:

a) That has not been sanctioned in the last five years.

(b) The amount of the penalty imposed in the event of a financial penalty does not exceed EUR 30,000.

3. For the purposes of the decision on the conditional suspension of execution, the interested party shall be granted a hearing and reports from the associations of the sector concerned and other interested public bodies may be requested. They may also request all those reports deemed appropriate to resolve the conditional suspension.

Once compliance with the established requirements has been established, the Minister of Agriculture, Food and the Environment may decide to grant or deny the conditional suspension of the execution of the sanction.

4. The decision rejecting the conditional suspension, duly substantiated, shall be notified to the person concerned, proceeding to continue the processing of the execution of the penalty imposed. The favourable resolution, duly substantiated, shall be notified to the parties concerned, and shall express the conditions under which it shall be carried out, and shall suspend the periods of limitation of the penalty provided for in this Law. Interested parties may understand their application for an administrative silence.

5. The conditions of obligation for the infringer, during the period of suspension, shall in any case include:

a) Do not commit any fishing violations.

(b) duly comply with the precautionary measures imposed and maintained, where appropriate.

c) The precautionary measures shall in any event be automatically prolonged during the period of validity of the conditional suspension.

6. If the person concerned, during the period of suspension laid down, fails to comply with the obligations or conditions imposed or has been penalised for other fishing offences, the competent body shall, after hearing that person, revoke the conditional suspension. the execution of the infringement and the processing of the execution of the penalty imposed shall continue.

7. Once the established time of suspension has been complied with, if the offender, in the light of the reports which may be required for that purpose, has complied with the conditions laid down and has not been penalised for other fishing offences, the Minister of Agriculture, Food and the Environment will agree to the referral of the sanction provided that the sanctioning administrative resolution is firm and there is no judicial judgment.

Article 111. Inspection role in the field of fisheries management and marketing of fishery products.

1. The inspector's function of the autonomous communities in the field of management of the fisheries sector is initiated from the moment of landing or unloading of the catch in the terms that its legislation establishes.

2. The inspection function of the autonomous communities in the area of marketing of fishery products, irrespective of the origin of the fishery, shall be initiated after the first marketing in the ports of the ports or from the first placing on the market when the products are not sold for the first time in those slices.

Article 112. Sanctioning competition in the field of sea fishing in external waters.

Competition for the imposition of penalties for infringements in the field of sea fishing shall be:

a) Government Delegates in the event of minor infractions.

b) To the Director General of Fisheries and Aquaculture Resources in the event of serious infringements.

(c) To the Secretary-General of Fisheries in the event of very serious infringements if the amount of the financial penalty does not exceed EUR 300,000.

(d) The Minister of Agriculture, Food and the Environment, when the offence is described as very serious if the amount of the financial penalty exceeds EUR 300,000.

Article 113. Sanctioning competition in the field of management of the sector and the marketing of fishery products.

It is up to the competent bodies of the autonomous communities to carry out legislative development, to deal with and to resolve the cases relating to infringements in the field of fisheries and fisheries management. marketing of fishery products classified in this law.

Article 114. Funding and funding for fisheries control and conservation, protection and regeneration of fisheries resources.

In accordance with Articles 3 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy and 5 of Regulation (EC) No 1224/2009 Council of 20 November 2009 establishing a Community control system to ensure compliance with the rules of the Common Fisheries Policy will be used for the means necessary for the achievement of the common fisheries policy. Secretary-General for Fisheries of the Ministry of Agriculture, Food and the Environment of the objectives of fisheries control, as well as the objectives of fisheries and oceanographic research, defined in accordance with the provisions of Article 84 et seq. of this Law, in collaboration with the Spanish Institute of Oceanography, within the framework of the policy for the conservation, protection and regeneration of fishery resources in accordance with Titles I and IV of this Law. "

nineteen. Articles 109, 110, 111, 112 and 113 are renumbered as Articles 115, 116, 117, 118 and 119 respectively.

Twenty. The second additional provision, which is worded in the following terms, is amended:

" Additional Disposition Second. Competence title.

1. They constitute maritime fisheries legislation and are issued under Article 149.1.19. of the Constitution, Title I and Articles 57 (and concordant regulators of the General Registry of the Fishing Fleet), 89 (a), 90 in the field of their competences, 95 in the field of sea fishing in external waters, 97 to 101, 105 to 110, 112, 114, additional first and sixth provisions and a single transitional arrangement.

2. They constitute basic fisheries management legislation and are issued under Article 149.1.19. of the Constitution Title II, with the exception of Article 57 (and concordant regulators of the General Register of the Fishing Fleet), Chapter V in traceability and control matters, and Chapter VI; and Articles 89 (b), 90 in the field of its powers, 102 to 106, 1111.1, 113 and the fifth additional provision.

3. They constitute basic legislation for the management of commercial activity and are issued under Article 149.1.13. of the Constitution, Title III and Articles 89 (b), 103 (a), (c), (d), (j), (m) and (q), (104) (a) and (c), 105 (1) (a), (b), (c), (e), (g), (h), (i) and (l), and paragraphs 2 and 3, 106, 1111.2, 113 and fifth additional provision.

Chapter V of Title II is given in accordance with Article 149.1 in its rule 13 on traceability and control, and in conjunction with the 19th rule, which gives the State exclusive competence in the field of management of the fishing sector, in the field of its competences.

Chapter VI of Title II is issued under the aforementioned Article 149.1 in its Rule 13, together with the 20 th rule, which gives the State exclusive competence in the field of merchant marine.

4. They are bases of the legal system of public administrations and are dictated under the terms of Article 149.1.18. of the Constitution, Articles 91, 92, 93, 94, 95 in the fields of management of the fisheries sector and management of the activity commercial, and 96.

5. Title IV is issued under the State competence on the promotion and general coordination of scientific and technical research, in accordance with Article 149.1.15. of the Constitution. "

Twenty-one. The third additional provision is amended, which is worded as follows:

" Additional provision third. Data transmission.

1. The Ministries of Agriculture, Food and Environment and Development will establish the mechanisms for coordination and transfer of accurate information between the General Registry of the Fishing Fleet and the Registry of Ships and Shipping Companies. Both Ministries shall ensure reciprocal, permanent and direct access to the necessary data in both Registers for consultation purposes.

The Ministry of Public Works will require a prior report from the Ministry of Agriculture, Food and Environment on any changes to the record in the third and fourth list of the Register of Ships and Companies. Shipping.

2. Similarly, the Ministry of Agriculture, Food and Environment, the Ministry of Public Works and the Ministry of Employment and Social Security will provide each other with information on their records and databases for consultation purposes. and shall establish the mechanisms for coordination and the transfer of necessary information with regard to undertakings with fishing vessels and workers registered in the Special Scheme for the Social Security of the Sea. '

First transient disposition. Implementation of the most favourable legislation.

The violations committed prior to the entry into force of this law will be subject to the most favorable sanction for the offender.

Second transient disposition. Application of the reduction of pecuniary sanction.

The provisions reflected in Articles 108 and 109 shall apply from the entry into force of this Law.

Transitional provision third. Regional registers for vessels fishing exclusively in inland waters and auxiliary to aquaculture facilities.

Until as long as the regulatory development referred to in Article 57.4 does not occur and the coastal autonomous communities have operational the respective registers or censuses referred to in Article 57, it shall continue For vessels fishing exclusively in inland waters and the auxiliaries of aquaculture facilities, the provisions of the Census of the Operational Fishing Fleet in Royal Decree 1549/2009 of 9 October.

Single repeal provision. Regulatory repeal.

Title VI of Law 3/2001, of 26 March, will be repealed with the date of 31 July 2015.

The following rules are repealed:

-Law 144/1961 of 23 December on the reorganization of the Nautical Teachings and Fisheries.

-Law 147/1961 of 23 December on the renewal and protection of the fishing fleet.

-Law 156/1961, of 23 December, on the envelopes of the Teacher of the Schools of Nautical and Fishing.

-Law 23/1964 of 29 April on the provision of the Nautical and Fishing Training Schools.

-Law 28/1965, of 4 May, on the extension of the modalities of the titles to be held by the Teacher of the Official Schools of Nautical and the Professional Nautical Training.

-Law 71/1978, of December 26, of the development of fishing in the Canary Islands.

-Law 33/1980, of June 21, on the creation of a Fund for Regulation and Organization of the Market for Products of Fisheries and Maritime Crops (FROM).

-Law 20/1995 of 6 July on measures relating to the conservation and marketing of fishery products.

-Law 23/1997, of July 15, of Management of the Fishing Sector of Height and Great Height that Operates Within the Geographical Limits of the North East Atlantic Fisheries Commission.

-Law 9/2007, of June 22, on the regulation and updating of registration of fishing vessels in the Register of Ships and Shipping Companies and in the Census of the Operational Fishing Fleet, dated July 31, 2015.

Also, how many rules of equal or lower rank are contrary to this law are repealed.

Single end disposition. No increase in expenditure.

The measures included in this rule will be met with the ordinary budget allocations of the corresponding ministerial departments and will not be able to generate increases in appropriations or salaries or other expenses. personnel.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, December 26, 2014.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY