JOHN CARLOS I

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.

EXPLANATORY STATEMENT

The tradition and importance of the fishing activity of the Spanish fleet and our trade in fishery products, with the existence of regions highly dependent on these activities, have set up a financial subsector of great importance in the national economy as a whole, which requires the establishment of a legislative framework enunciating the general principles guiding the legal system of the economic and productive sector of fisheries.

fact, the Spanish fleet is the most important in the European Community, although the economic and social importance of the fishing sector cannot be estimated solely in the light of strictly extractive activity, since the Special features of the activity give you an extraordinary multiplier effect. Thus, what we generically know as a fisheries sector is a conglomerate of closely related activities which, based on the exploitation and exploitation of living marine resources, covers activities such as extractive fishing, the marketing, processing, shipbuilding, ancillary industry and related services, which form an inseparable economic and social package.

The fact that the fishing activity is based on the exploitation of renewable living resources, gives the correct management of the same a preponderant importance on the rest of the aspects of the fisheries policy. Without resources, none of the other related activities that make up the fishing sector as a whole make any sense. It is therefore important to ensure that the use of the same is carried out under canyons that ensure the sustainability of the activity, as the only means to achieve optimal and lasting use.

Fish populations are distributed in certain areas of the seas and oceans, without understanding of political boundaries. It is biologically impossible to claim the management of a part of the population as a whole without the rest of the community, which maintains close interactions with each other. For this reason, international cooperation is often the "sine qua non" of proper management of fishery resources.

Article 130.1 of our Constitution places the public authorities in order to modernize and develop all economic sectors, with special reference to the fishing sector. The constitutional principles of freedom of enterprise in the framework of the market economy and the social function of national wealth, contained in Articles 38 and 128, are the basis for the regulation of the fisheries sector contained in this Law.

Since the integration of Spain into the European Communities, the Community institutions have taken on a large part of the powers which the State had in the field, in accordance with the provisions of Articles 93 and 96 of the Treaty. Constitution. Community law, and therefore the common fisheries policy, have become part of the internal system.

The common fisheries policy and the management of maritime fisheries are based on the protection of resources and tend to achieve sustainable development in the fisheries sector through a system based on the balance of fisheries. existing availability and its rational and responsible exploitation, in order to achieve the optimum use of the factors of production, thus promoting profitability and improving the socio-economic conditions of the fishing sector in the medium and long term. (i) the deadline, in particular for local fishing dependent populations.

In the international order, the United Nations Convention on the Law of the Sea of 1982, ratified by Spain by means of an instrument of 20 December 1996, calls on the States to incorporate into their national law measures for the responsible management of fishery resources, both in their exclusive economic zones and on the high seas, with the European Community being obliged to lay down the necessary measures in relation to the nationals of the Member States. Member States as well as the competence to cooperate with third countries and bodies (a) to preserve and protect living resources. International conferences and conventions establish commitments for States, which must guide their fisheries policy towards concrete objectives.

Thus, the objectives of the United Nations Conference on Environment and Development and the FAO Code of Conduct for Responsible Fisheries are also part of the legal framework applicable to the activities of the FAO. fishing.

On the other hand, the multiple fisheries agreements between the European Community and third countries on behalf of the Member States contain the rules to be respected by our fleet in the waters of those States, with the corresponding the obligation to ensure compliance.

In turn, the area of commercial activity of fishery products has been modified by the common fisheries policy, the agreements of the World Trade Organization and the European Economic Area, which have produced substantial changes in trade.

In accordance with the case law of the Constitutional Court, the exercise of state power law requires an interpretation of the scope and limits of the legislative competence of the State defined in the Constitution and in the Statute, which is essential, in any case, in the "iter" of the elaboration of any rule or act of the public authorities.

Article 149.1.19.a of the Constitution attributes to the State exclusive competence in the field of sea fishing, without prejudice to the powers that in the management of the sector are attributed to the Autonomous Communities. In turn, Article 148.1.11.a establishes the exclusive competence of the Autonomous Communities in respect of fishing in inland waters, shellfish and aquaculture. The Statutes of Autonomy attribute to the Autonomous Communities powers of legislative development and implementation of the basic regulations of the State in matters of management of the fishing sector. The doctrine of the Constitutional Court has provided material content to the relevant titles "maritime fisheries" and "fisheries management". The Law regulates the strict scope of sea fishing, exclusive competence of the State and therefore closed to the normative and executive action of the Autonomous Communities, and contains the essential guarantees of legal certainty in the definition of the basic legislation on the management of the fisheries sector, which would enable the Autonomous Communities to exercise their powers of development and implementation of the State legal framework by establishing the supplementary orders that satisfy their own interests.

The Law also establishes, under Article 149.1.13.a of the Constitution, the basic regulation on the marketing of fishery products, regulating the importation of fishery products on the basis of exclusive competence of the The State provided for in Article 149.1.10.the necessary coherence of economic policy requires a common legal framework to ensure uniform treatment throughout the national territory of that commercial activity, in order to achieve the economic objectives of the fisheries sector, preventing the occurrence of dysfunctions by close interdependence of the commercial activities, not only with each other but also in direct relation to the extractive activity, since the ban on the marketing of products caught in violation of the regulations on protection and conservation of fisheries resources is the most effective way of deterring illegal catches and the best guarantee of a responsible fisheries policy. It is for the Autonomous Communities, in the exercise of the statutory powers assumed in the field of internal trade, for the development and implementation of the basic rules in their territorial area, in order to achieve a national market for transparent, dynamic, competitive and consumer-friendly fisheries products, which will mean an increase in the value added of these products for the benefit of the fisheries sector and the national economy, depending on their major contribution to the gross domestic product.

The policy of promoting fisheries and oceanographic research, carried out by the Spanish Oceanography Institute, is the indispensable instrument that will allow us to guide the design of a realistic fisheries policy, adapting the (a) extractive activity to existing availabilities and, where appropriate, to exploitation by our fleet of new species in other fishing grounds.

In fact, the fact that it is the management of living resources makes the fisheries and oceanographic research a capital importance to know the biological factors that influence the abundance of the populations of fish, their interactions with the marine environment, the effect of the fishing mortality rate, as well as other such as methods, zones and times of catch.

This Law finally regulates the regime of infringements and sanctions that collects the substantive criteria contained in the case-law of the Constitutional Court, differentiating the material scope corresponding to the (a) maritime transport, the exclusive competence of the State, the responsibility for the management of the fisheries sector and the marketing of fishery products, matters of shared competence, in which the Autonomous Communities are responsible for development legislative and the implementation of the basic State regulations.

According to this, the system of sanctioning of sea fishing is the exclusive competence of the State and applies in the external waters. With regard to the management of the sector and the marketing of fishery products, the Law establishes the minimum catalogue of infringements and penalties for common and uniform application throughout the territory and in the waters under national jurisdiction or sovereignty. Thus, all the Autonomous Communities, both those on the coast and their competence for the development and implementation of the basic regulations on "management of the fisheries sector", and those of the interior, for having statutory powers in the field of "internal trade", in accordance with their respective Statutes of Autonomy, are competent to inspect and punish the conduct established by the Law.

In conclusion, the Law is a formal and material requirement for the functionality of public administrations as soon as the scope of the exclusive state competence on "sea fishing" falls and determines the basic normative framework to take into account the Autonomous Communities in order to be able to exercise their powers in the field of "fisheries management" and "internal trade" in fishery products.

The Law consists of six Titles, sorted in chapters and these, in turn, in sections.

The Preliminary Title contains general provisions on the object and purpose of the Law.

Title I regulates sea fishing, establishing the scope and conservation measures, protection and regeneration of fishery resources, the regime for the management of fishing activities, the regulation of fisheries (a) non-professional and measures for the control and inspection of sea fishing.

The management of the fishing effort, based on the allocation of quotas or fishing opportunities allocated to our fleet, is mainly implemented by means of direct measures, which determine the number of vessels and their technical characteristics, as well as fishing time. This distribution has traditionally been carried out on the basis of the objective criteria of habituality in the fishery and the suitability of the vessel for the fishing modality concerned, without prejudice to any other circumstances which may arise. the vessel, the status of the fishing vessel and the status of its resources may be allocated to vessels or group of vessels belonging to one or more censuses and to certain areas or fisheries, generally being encrypted; in the volume of catches or fishing time, without prejudice to the use of another criterion of the policy fishing. For the management of resources, the Ministry of Agriculture, Fisheries and Food may adopt specific Fisheries Plans for the regulation of fishing activities, by fleets, fisheries, zones or fishing grounds.

The system of access to fishing resources and the constitutional right to freedom of enterprise are necessarily limited by the patent shortage of the fishery resources that justifies the adoption by the Law of Measures of limitation of fishing activities, since, without prejudice to the consideration of individual interests, the legal order must ensure and protect the common social purpose of the fishery resources.

This confrontation between the right to fish and the obligation of the state to "delimit the content of the right of property in relation to each type of property", as set out in Articles 33, 40, 45, 128 and 130 of the Constitution, is the core of the regulation of the fishing activity contained in this Law.

In principle, the fishing opportunities generated by the vessel due to their habituality in the fishing grounds and their suitability are a consequence of their inclusion in the corresponding census. This right does not entail exclusivity in the use of resources.

The exclusion of a census vessel may only be carried out for fisheries policy reasons, subject to compliance with the requirements set out in this Law.

The law provides that the adjustment or the necessary reduction of fishing opportunities imposed by the European Union or the Treaties and international agreements must affect each of the vessels in a proportional manner, according to the principle of equity, which is why the measures to adjust the possibilities for this new situation will ensure that the undertakings concerned maintain the same relative position as they had before the restriction.

The Law also provides for the alleged contrary to the above, that is, the increase in fishing possibilities for the fleet. In this case, the reasons for fisheries policy for the Government to agree to attribute them to fishing vessels or other vessels affected by measures to reduce fishing effort, in defence of the interest, will be decisive. general. Again, the Law uses equity measures as justification for the mere expectations of the extension of rights to be displaced for reasons of general interest, whose predominance over the mere individual and subjective consideration of the holder of a Heritage law imposes the Constitution and enshrines case law.

On the other hand, the Law provides for the redistribution of fishing opportunities when their owners do not make it

use them, or do it partially. This measure is in line with the constitutional principles of freedom of enterprise in the context of the market economy, and in the defence of productivity, as enshrined in Article 38 of the Constitution. In the interests of these principles, the Law provides for the possibility of prescribing the right to unused or underused fishing opportunities.

The regulation of the transfer of fishing opportunities is intended to rationalise fishing activity and to promote free competition, while ensuring that third parties are not harmed with the best possible right and do not produce themselves. situations of monopoly or oligopoly in the fisheries sector.

The fishing activity of the vessels is conditioned to its inclusion in the Census of Ships of Maritime Fishing, as well as in the census corresponding to its modality or fishery, fishing or area, to the obtaining of the License as the document inherent in the vessel and, where appropriate, the special fishing permit.

The system of management of resources is supplemented by the regulation of the gear, gear, tools or instruments of fishing, the establishment of the size or weight of the species, the declaration of zones of closure or any other measure the conservation, protection and regeneration of fishery resources requires for certain species, fisheries or fishing grounds.

Measures for the conservation of fishery resources established in the Law cover, together with responsible fishing, measures for the protection and regeneration of fishery resources that lead to the establishment of protection zones. fishing, which, due to the special characteristics of the marine environment, are suitable for the protection, regeneration and development of fishing species. In these areas, the fishing exercise may be prohibited or limited to certain gears, in accordance with the specific rules laid down in the Marine Reserve, Marine Conditioning Zone or Marine Repopulation Zone declaration.

Likewise, the Law establishes measures for the protection of fishery resources in respect of those activities, whatever their nature, that may alter the state of the fishery resources, conditioning these activities to the issuing of a mandatory report from the Ministry of Agriculture, Fisheries and Food.

The effectiveness of compliance with the rules for the conservation of fishery resources is ensured by the adoption of inspection and control measures entrusted to the Maritime Fisheries Inspectors as agents of the the authority, both at sea and on land at the time of landing, unloading and depositing of catches and fishing gear. In the interests of such effectiveness, the Ministry of Agriculture, Fisheries and Food may provide that the unloading or landing of certain fishery products is carried out at the designated ports.

Finally, the obligations of the masters or masters of the vessels to carry and complete the Fishing Journal and the Declarations of Disembarkation and Transshipment are established, as well as to communicate periodically the entries and exits from the fishing grounds and the departure and arrival in port, which allow for the monitoring and control of the fishing activity of the vessels.

The application to the sea fishing of recreational measures of conservation and protection of the resources established in this Law for the professional fishing, without prejudice to the specific limitations that for the same establish the Ministry of Agriculture, Fisheries and Food, is essential to prevent these activities from being able to compromise the effectiveness of such measures, and guarantees the compatibility of these activities with that of professionals of the sector.

Mention is also worth the recreational fishing activities carried out from boats as commercial activity. The development of the tourism sector in Spain, and the leisure sector in general, is promoting the proliferation of vessels whose commercial purpose does not lie in the capture of fishery products for marketing purposes, but in facilitate the activity of recreational fishing to third parties. It is clear that this type of activity, both by its very nature and by the greatest impact on fisheries resources, requires greater control to avoid imbalances that would have a negative impact on both the leisure and tourism sector itself. as in professional fishing. For this reason it is necessary to carry out a control of the vessels and, where appropriate, the allocation of annual quotas for certain species, without prejudice to the powers assumed by the Autonomous Communities in matters of management and promotion. of tourism or sport in its territorial area, where such activity is regarded as tourist or sporting in accordance with the applicable regional rules.

Title II establishes the basic regulations for the management of the fisheries sector.

the effectiveness of the measures for the management of the fishery resources set out in Title I needs to be complemented by an adequate policy of fisheries structures, since their interrelationship conditions the optimal use of fisheries. fishing opportunities, in particular the appropriate size of the fishing fleet and its competitive capacity, as well as the training and retraining of professionals in the fisheries sector and other operators in the economic sector; and productive of fishing.

The basic regulations for the management of the fishing fleet, guided by the policy of Community structures, are aimed at adapting the capacity of our fleet to our fishing opportunities, avoiding underutilisation or Oversize of the same. In the light of the multiannual guidance programmes approved by the Commission for Spain, the policy for the construction, modernisation and conversion of vessels is aimed at not increasing the fishing effort except in exceptional cases.

For the purpose of facilitating the diversification of the activities of the fleet, and in order to promote the supply of the market and the processing industry of the fishery products, the Law entrusts the Government to promote the the creation of joint ventures or other contractual arrangements between national shipowners and third-country shipowners, so that, either temporarily or definitively, some of our vessels will access the fishing resources of the Community under this formula. third countries, maintaining the highest possible percentage of Community crew.

The activities carried out by Spanish shipowners and fishing professionals in third countries are of increasing importance for the supply of fish to the Spanish market and raw materials to the Spanish industry. processing. In order to follow up the activities of these companies, the Register of Fisheries Companies in Third Countries is set up, which includes joint ventures as well as companies located in third countries, which comply with the certain employment requirements for Spanish workers and for participation in social capital.

The basic state regulations on the knowledge and requirements of nautical-fishing graduates, in the sea of the educational system when it comes with academic qualifications, and the legislative development regulations that dictate Autonomous Communities in the exercise of their powers, shall be directed to the updated and permanent training of the fishing professionals, in accordance with the recommendations of the International Labour Organization and the provisions of the the Conventions of the International Maritime Organization. The issue by the Autonomous Communities of the accrediting cards of the corresponding titles shall be recorded in the Register of Professionals of the Fisheries Sector of the Ministry of Agriculture, Fisheries and Food.

The Law recognizes the traditional implementation of the Fishermen's Cofradias on the coast, and their legal nature as corporations governed by public law without profit, and establishes the basis of their democratic regime of composition and operation to be developed, extended and monitored by the Autonomous Communities. The National Federation may, where appropriate, integrate the Cofradias and act as an interlocutor between them and the General Administration of the State in matters of maritime fishing, carrying out those actions which the National Federation entrusts to it. General Administration of the State.

The Law regulates the requirements of the recognition of producer organizations and the obligations arising from the important interventions attributed to them by the Community legislation regarding the adaptation of the offer to the requirements of the fishing markets.

The concession for the establishment of the base port of a vessel is granted by the Autonomous Community which authorizes its construction, and must, if necessary, necessarily correspond to the coast of the national fishing grounds in which it is located. authorised to carry out the fishing activity. Applications for base changes between ports of an Autonomous Community are authorised by the Community concerned, subject to verification of compliance with the requirements laid down in the Law to avoid imbalances in fishing effort, corresponding to the Ministry of Agriculture, Fisheries and Food to authorize the base changes between ports of different Autonomous Communities, prior to report of those.

The first sale of the fresh fishery products will be carried out through the auctions of the ports authorized for the landing, with the exception of the centers that, for the products of the marisqueo authorize the Communities Autonomous. It is considered that the appropriate system for the formation of the prices of products and to avoid distortions in the market, is that the prices of the products are formed in the same ports where the goods are unloaded. However, the law allows for the possibility of the first sale being carried out on the auction of a port other than that of landing, in which case the products must be accompanied by a documentation completed by the carrier, in which it shall, in any event, include the quantities transported from each species, the origin of the consignment and the place of destination of the products, without prejudice to any other information which is regulated. Derogations may also be provided for the first sale of catches made with certain types of fishing.

In accordance with measures for the conservation of fishery resources, the holding, storage, transportation, transit, storage, exhibition and sale of fishery products of any origin or origin is prohibited. less than the statutory, which will be sanctioned as a serious infringement in accordance with the provisions of Title V of this Law.

Title III establishes the basis for the marketing and processing of fishery products throughout the national territory, since its first sale has been made until its arrival at the final consumer, guaranteeing that the products covered by those operations have been caught in accordance with the rules on the conservation and protection of fishery resources.

The necessary market transparency and information to consumers on fishery products, at all stages of the marketing chain, call for the establishment of measures for the standardisation of products. and the correct identification of the same at all times, with precision of the species, their origin, quality and characteristics.

In order to increase the added value of fishery products and to promote their efficient use, the Government will promote, at national and international level, the improvement of its quality. This is the case in the fisheries sector, as well as quality names, which will lead to a better adaptation between supply and demand, for the benefit of the fisheries sector, both for professionals engaged in extractive activities and for agents engaged in commercial activity, as well as consumers themselves.

In turn, the promotion of the quality of products and their promotion by all administrations will result in a transparent, dynamic and competitive market, for the benefit of the sector, consumers and the national economy.

Title IV regulates fisheries and oceanographic research carried out by the Spanish Institute of Oceanography, under the National Plan of Scientific Research and Technological Development, which will allow us to know the I would like to point out that the Commission is not in a position to take the necessary measures to ensure that the European Parliament is not in a position to take the necessary measures to ensure that the European Parliament is not in a position to do so. general interest and primary purpose of this Act.

Title V establishes the control regime for the protection of fishery resources.

The Law collects the substantive criteria contained in the constitutional case law to differentiate the material areas corresponding to maritime fishing and the management of the fishing sector and the marketing of products fishing.

The need for the sanctioning regime is greater in view of the fact that Council Regulation (EEC) No 2847/93 of 12 October establishing a system for the control of the common fisheries policy imposes on the Member States the to ensure compliance with Community legislation in its waters, both for its vessels and for other Member States and third countries.

The Member States shall also ensure that their vessels are engaged in fishing activities in all waters, including the high seas, and shall monitor compliance with Community rules, and shall be obliged to take the measures necessary to impose sanctions. appropriate.

According to this, the Law comes to establish, on the one hand, the exclusive and exclusive competence of the State, that is, the one referring to the violations and sanctions in the field of sea fishing and, of the other, the basic norms for to define a unitary framework for infringements and penalties for the management of the sector and the marketing of fishery products, a framework aimed at ensuring, in a homogeneous and equal manner, the general interest and the establishment of essential guarantees of legal certainty enabling the Autonomous Communities to exercise their powers of their sanctioning powers in these matters.

PRELIMINARY TITLE

General provisions

Article 1. Object.

This Law, in accordance with the principles and rules of the Common Fisheries Policy and the Treaties and International Agreements, is intended to:

(a) The regulation of sea fishing, exclusive competence of the State, as established by Article 149.1.19.a of the Constitution.

b) The establishment of the basic regulations for the management of the fisheries sector, as provided for in Article 149.1.19.a of the Constitution.

c) the establishment of basic rules for the management of the commercial activity of fishery products, and the regulation of the external trade thereof, in accordance with the provisions of Article 149.1.13.a and 10.a, respectively, of the Constitution.

d) The programming of the fisheries and oceanographic research of the State, in the field of maritime fisheries policy, in accordance with Article 149.1.15.a of the Constitution.

(e) The establishment of the regime of infringements and penalties in respect of sea fishing in external waters, of the basic regulations for the management of the fisheries sector and the placing on the market of fishery products.

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 fishing gear and gear.

Marisking and aquaculture activities are excluded from this definition, as well as inland water fishing.

Outer waters: maritime waters under Spanish jurisdiction or sovereignty, 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: sea waters under Spanish jurisdiction or sovereignty, 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 Effort: the intensity with which the fishing activity is carried out, measured with 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 of them.

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 at the end of the year. final consumer, and in particular on 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.

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

Fishing possibilities for vessels: the volume of catches, fishing effort or time in an area, which has been allocated 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.

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

Article 3. Finnish.

These are the purposes of this Law:

(a) To be responsible for the balanced and responsible exploitation of fisheries resources, promoting their sustainable development and taking the necessary measures to protect, conserve and regenerate these resources and their ecosystems.

b) Improving the conditions under which fishing activities are carried out, and the standard of living of fishermen.

c) Adapting the fleet effort to the situation of fishery resources.

d) To promote the development of competitive and economically viable enterprises in the fisheries sector, facilitating their adaptation to markets.

e) To promote the improvement of the productive structures of the extractive, commercializing and transformative sectors, improving the use and increasing the added value of the fishery products.

f) Promote the continuing training of professionals in the fisheries sector.

g) Fostering associationism in the fisheries sector.

h) Promote compensatory measures for economic and social imbalances that may occur in regions dependent on fisheries.

i) Ensure supply and encourage the consumption of products, with a particular impact on surplus and underexploited products.

j) Promote responsible trade in fishery products, which contributes to the conservation of resources.

k) Improve product quality, market transparency and consumer information.

l) Foster oceanographic and fisheries research.

TITLE I

From offshore fishing in external waters

CHAPTER I

Scope

Article 4. Scope delimitation.

1. The provisions of this Title apply to fishing activities carried out by:

(a) Spanish vessels in the following waters:

1. Water under Spanish sovereignty or jurisdiction, including the territorial sea, the exclusive economic zone and the Mediterranean fisheries protection zone, with the exception of inland waters, in accordance with the provisions of Law 10/1977, of 4 January, on the territorial sea; in Law 15/1978, of 20 February, on the exclusive economic zone, and in Royal Decree 1315/1997, of 1 August, establishing an area of fishing protection in the sea Mediterranean.

2. º Waters under the sovereignty or jurisdiction of other Member States of the European Union, as provided for in Community legislation.

3. Water under the sovereignty or jurisdiction of third countries without prejudice to the national legislation of those countries and to the provisions of the Treaties, Agreements and International Conventions.

4. "Water of the High Seas", in accordance with the international law in force and the rules applicable under Treaties, Agreements or International Conventions.

(b) Community vessels, in waters under Spanish sovereignty or jurisdiction, in accordance with the provisions of European Union legislation.

(c) Ships from third countries in waters under Spanish sovereignty or jurisdiction, in accordance with the provisions of the European Union legislation and the rules applicable under Treaties, Agreements or Conventions

2. The provisions of this Title shall also apply to any other fishing activity developed in external waters under Spanish sovereignty or jurisdiction.

Article 5. Measures for maritime fisheries policy in external waters.

The policy of offshore fisheries will be conducted through:

(a) Measures for the conservation of fishery resources through the regulation of gear and gear, the regulation of fishing effort, the establishment of temporary or zonal vedas, or any other measure advising the state of the resources.

(b) Measures to protect and regenerate fish stocks, by establishing protected areas, and by preventive measures for activities that are likely to harm fisheries resources.

(c) Measures for the management of fishing activities, distributing fishing opportunities in such a way as to achieve greater rationalisation of the fishing effort, in the development of the sector.

d) The regulation of non-professional fishing, for its impact on the resource.

e) The establishment of appropriate control and inspection systems for fishing activities.

CHAPTER II

Measures for the conservation of fishery resources

Article 6. Access to resources.

Access to fishery resources shall be regulated to ensure their protection, conservation and improvement, in accordance with this Law and in the regulatory standards that develop it, after consultation with the Communities. Autonomous regions and the fisheries sector concerned, and in accordance with the provisions of the Community rules of the European Union.

Article 7. Measures for the regulation of fishing activities.

For the conservation and improvement of fishery resources, the Minister of Agriculture, Fisheries and Food may establish direct regulatory measures, through the limitation of fishing effort, or indirect through the limitation of the volume of catches.

Article 8. Regulation of fishing effort.

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.

Article 9. Limitation of catches.

By the Minister of Agriculture, Fisheries and Food, measures to limit the volume of catches that are necessary for certain species or groups of species, by fishing grounds or zones, may be adopted. time periods, methods of fishing, per vessel or groups of vessels, or other criteria to be laid down.

Article 10. Fishing gear.

1. Sea fishing in external waters may be carried out only by means of fishing gear expressly authorised.

2. The Minister for Agriculture, Fisheries and Food may lay down the technical characteristics and conditions of use of the fishing gear authorised for the various types of fishing, as well as those of his transport and transport, or the prohibition of their holding on board, as well as any other circumstances advising the state of the resources, taking into account:

(a) The target species or groups of species to which the fishery is directed, as well as the by-species and, in particular, their size or minimum catch weight.

(b) Fishing zones and periods, and, where applicable, approved funds.

Article 11. Size or weight of species.

1. For the purpose of conservation of resources, the Minister of Agriculture, Fisheries and Food, after a report from the Spanish Institute of Oceanography, may establish minimum sizes or weights of certain species, differentiating when necessary by fishing grounds, fishing grounds or areas.

2. Species of size or weight less than regulated, shall not be retained on board, transhipped, landed or unloaded, or deposited, and shall be immediately returned to the sea after their capture, unless otherwise specified.

Article 12. Vedas.

1. In order to protect, conserve and recover fish stocks, and after reporting by the Spanish Institute of Oceanography, the Minister for Agriculture, Fisheries and Food may establish minimum funds, zones or closed periods in which he or she is limit or prohibit the exercise of fishing activities or the capture of certain species, as well as take those other measures deemed necessary.

2. The establishment of a closed area or area of minimum funds shall delimit that area, the permitted gear and, where appropriate, those aspects relating to its duration or its temporary review in the light of the monitoring of effectiveness and utility of the same, as well as those other measures deemed necessary.

3. The establishment of a temporary closure shall determine its duration and its possible extension in the light of the effectiveness and usefulness of the monitoring.

CHAPTER III

Measures for the protection and regeneration of fisheries resources

Section 1. Fishing Protection Zones

Article 13. Declaration of fishing protection zones.

1. The Minister for Agriculture, Fisheries and Food may, by ministerial order, declare areas of fisheries protection to promote the protection and regeneration of living marine resources. Those zones, in accordance with the specific purpose derived from their special characteristics, may be qualified as:

a) Marine reserves.

b) Marine conditioning zones.

c) Marine repopulation zones.

2. The declaration of these areas will be made before the Spanish Institute of Oceanography, the Ministry of the Environment, the Ministry of Defense, in the event that it has an impact on areas declared of interest to the National Defense or security of military installations, of the Ministry of Public Works, in the event that it affects the port service, as well as the Autonomous Communities affected, on aspects of its competence.

The declaration will in any case establish the geographical delimitation of the zone.

Article 14. Marine reserves.

1. Marine reserves shall be declared as those areas which, by their special characteristics, are considered appropriate for the regeneration of fishery resources. Protective measures shall determine the limitations or the prohibition, where appropriate, of the exercise of fishing activity, as well as any other activity likely to alter its natural balance.

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

Article 15. Marine conditioning zones.

1. In order to promote the protection and reproduction of the fishery resources, marine conditioning zones may be declared, in which works or installations shall be carried out to promote this purpose. The declaration of these areas will be made in advance of the current legislation on the occupation of the maritime-terrestrial public domain.

2. The rule of declaration shall lay down measures for the protection of the area, in respect of the exercise or prohibition, where appropriate, of fishing activities, as well as any other activity which may prejudice its purpose.

3. Works or installations which can be carried out in the marine conditioning areas include artificial reefs, as well as other reefs which are regulated.

Article 16. Areas of marine repopulation.

1. In order to promote the regeneration of species of fishing interest, areas for the controlled release of species may be declared at any stage of their life cycle.

2. In these areas, special rules shall be laid down for the exercise of fishing, as well as for all activities likely to affect the effectiveness of this measure.

Article 17. Prior reports to the marine repopulation.

1. the re-populations to be carried out in external waters will require prior reporting by the Spanish Oceanography Institute and the Ministry of the Environment, as well as the corresponding Autonomous Community on its impact on fisheries resources. inland waters.

2. Repopulations in inland waters shall require prior reporting by the Ministry of Agriculture, Fisheries and Food on their impact on the fishery resources of the external waters.

3. The introduction of foreign species of any size and life cycle, as well as of eggs, spores or individuals of these species, destined for restocking, crops or simple immersion, will require prior report of the Spanish Institute of Oceanography, Ministry of the Environment, Ministry of Agriculture, Fisheries and Food and the Autonomous Communities concerned.

Article 18. Applicable regime in protected spaces.

In the external waters of protected natural spaces, the limitations or prohibitions of fishing activity shall be established by the Government in accordance with the criteria laid down in the environmental legislation.

Section 2. Activities susceptible to altering fishery resources

Article 19. Extraction of flora.

The extraction of marine flora in external waters will require authorization from the Ministry of Agriculture, Fisheries and Food, prior to the implementation of the mandatory report of the Autonomous Community.

Article 20. Works, installations and other activities at sea.

1. Any work or installation, detachable or not, intended to be carried out or installed in external waters, as well as the extraction of any material, shall require a mandatory report from the Ministry of Agriculture, Fisheries and Food and the Communities. Self-employed persons, for the purposes of the protection and conservation of living marine resources.

2. The administrative authorization for the conduct of activities in external waters where, even without requiring any works or installations of any kind, circumstances may arise from which effects may be derived for the fishery resources or Interference with the normal development of fishing activity will require mandatory reporting by the Ministry of Agriculture, Fisheries and Food.

Article 21. Discharges.

The administrative authorisation for all types of discharges in external waters shall require a mandatory report from the Ministry of Agriculture, Fisheries and Food and the Autonomous Communities for the purpose of assessing their impact. on living marine resources.

CHAPTER IV

Managing fishing activities

Section 1. General Requirements for the Exercise of Fishing Activity

Article 22. Census of Maritime Fishing Ships.

1. The Census of Ships of Maritime Fishing shall contain the relationship of the Spanish flag vessels that may exercise fishing activity in the waters of the scope of this Title. The Census shall contain all the parameters of the vessels that may have an impact on the fishing effort developed by the fleet.

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

Article 23. Fishing authorisations.

1. A vessel intended for the exercise of professional sea fishing in external waters shall carry on board a temporary administrative authorization issued by the Ministry of Agriculture, Fisheries and Food, known as the fishing and counting on a number from the General Health Food Register.

2. The fishing licence, of a non-transferable nature, is an inherent document for the fishing vessel and shall contain at least the data relating to its holder, its technical characteristics, the fishing zone or fishing grounds, the fishing mode and the period of validity of the same. The first licence of a fishing vessel shall also contain data relating to the casualties provided for its construction and the port of establishment.

3. In the case of transmission of the ownership of the vessel, the new owner shall communicate it to the Ministry of Agriculture, Fisheries and Food for the purpose of knowledge of the subrogation in the use of the licence.

4. The non-use of the fishing licence without justified cause, during its period of validity, shall be considered as the waiver of its holder to the access of the vessel to the fishery and to the fishing vessel for which it was authorised, proceeding to its final discharge. in the specific census concerned by modalities, fishing grounds or fisheries.

5. Any other fishing activity shall have the corresponding authorisation.

6. The provisions of this Article shall be without prejudice to the relevant health authorisation and other requirements laid down in the current legislation.

Section 2. Special Requirements for the Exercise of Fishing Activity

Article 24. Temporary change of fishing activity.

When the situation of the fishery resources permits, the Ministry of Agriculture, Fisheries and Food may temporarily authorize the holders of the fishing vessels, a change in the conditions of the exercise of the fishing activity provided for in your licence.

This authorization will expressly collect the period of validity, as well as all data that will result in a modification of the license terms.

Article 25. Special fishing permit.

1. Where the special characteristics of a fishery advise fishing effort limitations or specific measures for the conservation of fishery resources, the Ministry of Agriculture, Fisheries and Food may provide that the the activity is conditional on the granting of a special temporary fishing permit, complementary to the fishing licence, and which must be carried on board.

2. That permit shall contain at least the data relating to the identification of the vessel, period of validity, zone, fishing modality and authorised species.

In the case of a set of vessels, a special fishing permit may be issued collectively. The special fishing permit shall in any event be necessary for the exercise of fishing activities in waters not subject to Spanish jurisdiction or sovereignty.

Article 26. Specific censuses.

1. For the management and distribution of fishing opportunities, censuses may be established by means of modalities, fisheries and fishing grounds, which shall enable vessels to be included in the exercise of sea fishing in external waters.

2. The inclusion of a vessel in one or more specific censuses shall be carried out by the Ministry of Agriculture, Fisheries and Food in accordance with the procedure and the criteria laid down in the rules, which shall be taken into account. Priority:

a) Habituality in the fishery.

(b) The suitability of the vessels and other technical conditions thereof.

3. In the case of surplus supplies, vessels affected by serious reduction of fishing opportunities may be included.

Section 3. Measures to manage fishing opportunities

Article 27. Distribution.

1. In order to improve the management and control of the activity, as well as to encourage business planning, the Minister for Agriculture, Fisheries and Food may provide for the distribution of fishing opportunities between vessels or groups of vessels. common in the fishery.

2. The allocation of fishing opportunities may be estimated at catch volumes, fishing effort, fishing time, or presence in fishing areas.

3. The allocation criteria shall be as follows:

a) The historically developed fishing activity, encrypted in volume of catches, fishing effort, time or presence in zone, in each case.

b) Their technical characteristics.

(c) The other parameters of the vessel, as well as other fishing opportunities available to them, which optimise the activity of the fleet as a whole.

4. In addition, once the criteria in the previous paragraph have been applied, the employment opportunities established by the owner of the vessel and the socio-employment conditions of the workers will be assessed.

Article 28. Transmissibility.

1. In the case of distribution of fishing opportunities, the fishing opportunities shall be transmitted with prior authorization from the Ministry of Agriculture, Fisheries and Food and after report of the Autonomous Community of the base port of the vessel, following the a procedure to be determined in accordance with the following criteria:

(a) Avoid the accumulation of fishing opportunities on a vessel in volumes greater than those that may be used.

b) Set a minimum limit of possibilities, below which the vessel must abandon the fishery.

(c) Justify that the transmissibility is restricted to vessels or groups of vessels belonging to certain categories or censuses. In the light of the technical requirements of the fisheries, the requirements concerning the technical conditions of the vessels subject to the transmission may be laid down.

(d) to establish, for the purpose of promoting the exercise of free competition, that the volumes of fishing opportunities, which may be accumulated by the same undertaking or groups of undertakings concerned, shall not exceed the 30 per 100 for each fishery.

2. In the case of vessels of the same shipowning undertaking, and subject to compliance with the conditions laid down in paragraph 1, the transmission of fishing opportunities among its own vessels shall not require administrative authorisation; and shall be sufficient for the prior and feisty communication to the Ministry of Agriculture, Fisheries and Food. In this case, during the period of time the vessel has received the possibilities, it will not apply to the ship or the transmitting vessels, nor the definitive reduction in the specific Census for the non-use of the license. in Article 23 (4), or the prescription for loss of habituality in the fishery provided for in Article 30. Nor shall the minimum limit of the rules laid down referred to in paragraph 1 (b) of this Article be applied to them.

3. Where, for the exercise of certain fisheries, membership of a specific census is required in accordance with Article 26 and the allocation of fishing opportunities is available in accordance with Article 27, any vessel which has been assigned to the acquire new fishing opportunities for the fishery in question, shall be entitled to be included in the relevant specific census.

Article 29. Increase and reduction.

1. Where there is an increase in fishing opportunities, the allocation made to each vessel or group of vessels shall be increased proportionately so that they maintain the same relative position, without exceeding the maximum laid down in the previous article. If there is a possibility of overfishing, these will preferably be distributed between vessels which, by bringing together technical characteristics suitable for the fishery in question, have been affected by measures to reduce the fishing opportunities. fishing.

2. Where there is a reduction in fishing opportunities, the allocation to each vessel or group of vessels shall be reduced proportionately so that they maintain the same relative position.

Article 30. Prescription.

In order to promote the best use of fishing opportunities, when vessels have lost their habituality in the fishery, in accordance with the provisions of Article 2, the prescription of the corresponding rights, proceeding by the Ministry of Agriculture, Fisheries and Food to be redistributed among other vessels in accordance with the criteria of Article 29 (1).

Article 31. Fishing Plans.

For the management of fishing opportunities, the Ministry of Agriculture, Fisheries and Food, after consulting the affected sector and the Autonomous Communities, may regulate fishing plans for certain areas or fisheries that (a) provide for specific and unique measures, whose exceptionality with regard to general rules is justified on the basis of the state of the resources, prior to the report of the Spanish Oceanography Institute.

Section 4. No. Documents and communications regarding the management of fishing activity

Article 32. Communications from ships.

In order to monitor the fishing activity, periodic communications systems may be established to enable the knowledge, if possible in real time, of the entrances or exits of the fishing grounds, their stay in the same, the catch, the departure and arrival in port or other circumstances that are regulated.

Article 33. The fishing diary.

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 that they regulate.

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.

Article 34. The landing declaration.

1. Masters of vessels landing catches on Spanish territory shall submit to the competent authorities a landing declaration, which shall reflect the quantities landed from each species, the area of provenance and the other data that is regulated to be established.

2. The masters of Spanish vessels landing the fishery products outside the national territory shall be obliged to communicate the data relating to the Ministry of Agriculture, Fisheries and Food in the form they regulate. is set.

3. In application of Community legislation, the masters of fishing vessels of certain characteristics and activity may be exempted from the obligation to make a landing declaration.

Article 35. The transhipment declaration.

The masters of all vessels shall report to the Ministry of Agriculture, Fisheries and Food and retain the data on transhipments of fishery products which they undertake to or receive from other vessels in their possession. the terms that you regulate are set.

Information derived from documents and communications regulated in this section may be made available to the Autonomous Community that requests it.

CHAPTER V

Recreational fishing in outer waters

Article 36. Conditions of exercise.

1. The Minister for Agriculture, Fisheries and Food, heard by the Autonomous Communities, may lay down specific measures for recreational fishing in the external waters for the protection and conservation of fishery resources and for the does not interfere with or harm the professional fishing activity.

2. Such measures may include, inter alia:

a) The establishment of temporary or zonal vedas.

b) The prohibition of methods, gear or fishing instruments.

c) Determination of maximum fishing times.

d) The fixing of the maximum volume of catches per person, vessel, day and species or groups of species.

e) The establishment of minimum distances in respect of professional fishing vessels.

f) obtaining an authorization for the capture of certain species, complementary to the license.

g) The obligation to make a landing declaration with respect to the capture of certain species.

3. Without prejudice to the establishment of the specific measures provided for in paragraph 2, the measures for the protection and conservation of fishery resources laid down for the purpose of non-professional sea fishing in the external waters shall apply. professional sea fishing.

4. Specific monitoring and control actions shall be established to ensure compliance with the measures set out in the previous paragraphs.

Article 37. Lucrative exploitation of recreational fisheries.

Without prejudice to the provisions of the foregoing Article, recreational fishing from vessels intended for commercial exploitation for this activity shall also meet the following requirements:

1. Have an activity permit issued by the Ministry of Agriculture, Fisheries and Food.

In such a permit, the allowable catches shall be specified, if necessary, on an annual basis.

2. To provide the Ministry of Agriculture, Fisheries and Food with information on catches made by zone and time period, in accordance with the conditions to be determined.

CHAPTER VI

Control and inspection of maritime fishing activity

Article 38. Maritime fisheries inspectors in external waters.

1. Maritime fisheries inspectors in external waters shall have the status of officials of the authority in the performance of their inspection activities.

2. The inspectors, who must prove their identity and condition in the performance of their duties, shall have access to all the dependencies, records and documents, and shall take up the minutes reflecting the circumstances and the outcome of their actions.

3. The persons responsible for the fishing vessels, products or installations subject to inspection shall assist in the performance of the inspection function. The lack of such collaboration or obstruction, where appropriate, to the exercise of such a function shall be sanctioned under Title V of this Act.

Article 39. Control measures.

1. The necessary inspection and control measures shall be taken to ensure compliance with the maritime fisheries legislation in external waters.

2. The inspection function in respect of sea fishing in external waters may be carried out, in any case, while the vessel is at sea or dock or in port.

3. With regard to the gear and the catch, the inspection function may be carried out on the occasion of its landing or unloading, before the first sale of the products or before the initiation of the transport in the case of products not sold in the the auction port of the port of landing. In addition, imports of fishery products may be carried out on their landing or unloading on national territory.

4. Where the conditions for the exercise of the activity permit, it may be required that prior to the unloading or disembarkation a notice of arrival is made by the undertaking, or that the unloading or disembarkation occurs in the presence of Fishing inspectors. In addition, the Ministry of Agriculture, Fisheries and Food, where necessary for the exercise of the inspection function, may provide that the unloading or landing of certain fishery products shall be carried out at certain ports, from among the authorised by the Autonomous Communities.

5. Masters of third-country vessels carrying fishery products and wishing to land in national ports shall communicate to the competent authorities of the Ministry of Agriculture, Fisheries and Food the port of landing which wish to use and the expected time of arrival, and must send a declaration, the data of which will be established. The competent authorities of the port of landing shall not permit the landing until the master of the vessel or his representative has given them the express authorisation of the Ministry of Agriculture, Fisheries and Food to be produced in the the time limit to be established.

The operations which are competent for the customs authorities may only be carried out after such authorization has been lodged.

6. Masters of vessels wishing to carry out transhipment operations shall inform the competent authorities of the Ministry of Agriculture, Fisheries and Food in advance, in advance and with the data which they regulate. establish. Vessels from third countries shall obtain authorisation.

Article 40. Cooperation in the inspector function.

The Ministry of Agriculture, Fisheries and Food may establish collaboration agreements with the Autonomous Communities for the best exercise of the inspector's function in external and internal waters, respectively, without prejudice to existing cooperation agreements in the field of the General Administration of the State and future cooperation plans, and shall exchange all information necessary for the exercise of their respective powers; ensuring the confidentiality of the data at all times.

TITLE II

Sorting the fisheries sector

CHAPTER I

General principles

Article 41. Instruments of the fisheries management policy.

The fisheries management policy will be performed through:

a) Measures to improve the training of professionals in the sector.

b) Measures to promote and regulate the sector's associative entities.

(c) Measures for the construction, modernisation and conversion of fishing vessels to achieve a modern fishing fleet, which is competitive and adapted to the current fisheries and the exploitation of new ones, under conditions which ensure the efficiency of the activity, appropriate working conditions on board and the improvement of the quality of the products.

d) Measures to adapt the fleet's capacity to the state of fishery resources.

e) Measures to promote the creation of joint ventures, as well as other formulas for the exploitation of third-country fishery resources.

f) The regulation of the base port setting, as well as the base port changes.

g) Measures to regulate the landing and first sale of fishery products regardless of their origin.

CHAPTER II

The agents in the fisheries sector

Section 1. Ordination of Industry Professions

Article 42. Suitability and certification of professionals in the sector.

The Government, on a proposal from the Minister for Agriculture, Fisheries and Food, will regulate the qualifications of professionals in the fisheries sector, in the framework, where appropriate, of the general education system, establishing the suitability and the professional privileges corresponding to each title, without prejudice to the powers of the Ministry of Public Works. Due to the constant evolution of the technology applied to navigation and fishing, the necessary aids and measures will be established for the updating of knowledge and the implementation of new techniques, continuously, for the recycling of graduates.

Article 43. Accreditation of professional training.

1. Within the framework of the basic State legislation referred to in the previous Article and of which the Autonomous Communities are established in their development in the field of management of the fisheries sector, the issue of the securities shall be and other professional accreditations to be established.

2. The credit cards shall be issued at least in Spanish. The Autonomous Communities with a co-official language other than Spanish may issue the cards and certificates in Spanish and in the other official language of the Autonomous Community in equal size and typeface.

Article 44. The Register of Professional Fisheries Professionals.

1. In the Register of Professionals of the Fisheries Sector of the Ministry of Agriculture, Fisheries and Food, all persons who are in possession of the corresponding nautical-fishing certificate shall be registered, without prejudice to the registration in other Records legally intended for the exercise of their profession.

2. The keeping of the register shall be decentralized, corresponding to the Autonomous Communities competent in their respective territories 3. The Autonomous Communities will transfer to the Ministry of Agriculture, Fisheries and Food, for their constancy in the Register of Professionals of the Fisheries Sector, the inscriptions and casualties of professionals of the fishing sector that they perform.

Section 2. The Fishermen's Cofradias

Article 45. Concept.

1. The Cofradías de Pescadores are corporations governed by public law, non-profit, representative of economic interests, acting as organs of consultation and collaboration of the competent authorities in matters of sea and sea fishing. management of the fisheries sector.

2. The Cofradias de Pescadores enjoy full legal personality and ability to work for the fulfillment of their aims.

3. In any case, the shipowners of fishing vessels and workers in the extractive sector may be members of the Fishermen's Cofradias.

Article 46. Functions.

They are functions of the Fishermen's Fradians:

a) Act as consultative bodies of the competent public administrations and exercise the functions entrusted to them by the General Administration of the State and the Autonomous Communities, in the field of their respective competencies.

b) Provide services to their members and represent and defend their interests.

c) Manage your own resources ' own resources.

Article 47. National Federation of Fishermen's Cofradias.

There will be a National Federation of Fishermen's Cofradias that will be able to integrate the Fishermen's Cofradias, as well as their Federations.

Article 48. Representative bodies.

1. The representative bodies of the Fishermen's Cofradias are the General Board, the Cabildo and the Chief Master. All charges shall be chosen from among the members of the Fishermen's Cofradia by free, equal and secret suffrage.

2. The mandate of the elected office for the representative bodies of the Fishermen's Cofradias will last four years, and may be re-elected for periods of equal maximum duration the number of times that the regulations of the Autonomous Communities.

Article 49. The General Board.

The General Board shall be composed of the same number of workers and shipowners representing the various sectors of the Cofradia and shall exercise the functions established by the respective Statutes whose approval is given to him. corresponds, as well as those established by the Autonomous Communities.

Article 50. The Cabildo.

The Cabildo will be composed of the same number of workers and shipowners representing the different sectors of the Cofradia and will exercise the function of management and administration of the same, as well as establish the Autonomous Communities.

Article 51. The Major Pattern.

The Chief Master shall be elected by the General Board, from among its members and shall exercise the function of management of the Fishermen's Cofradia, as well as those establishing the Statutes.

Section 3. The producer organizations

Article 52. Concept.

Producers ' organizations are officially recognized entities, formed at the initiative of the producers in order to guarantee the rational exercise of fishing and the improvement of the conditions of sale of their production.

Article 53. Functions.

Producers who are integrated into organizations will have, among others, the following obligations:

a) Give output through the organization to the product or products for which they have been associated, unless expressly provided by the organization itself.

b) Apply the rules adopted by the organization in order to improve the quality of the products, adapt the volume of the offer to the requirements of the market and improve the marketing process.

Article 54. Conditions for their recognition.

For the official recognition of producer organisations, it may be required, among other conditions and in the terms that the Government establishes regulations, that they carry out sufficient economic activity and developed in certain geographical areas, without prejudice to the powers of the Autonomous Communities for the legislative and implementing development of the State bases.

Article 55. Granting and withdrawal of official recognition.

1. The official recognition of producer organisations, of their representativeness and their exclusive character in an area, corresponds to:

(a) To the Autonomous Communities in the case of producer organisations whose production belongs mainly to a single Autonomous Community, in the percentages and in the terms that they regulate.

b) To the Ministry of Agriculture, Fisheries and Food, in other cases.

2. The Ministry of Agriculture, Fisheries and Food and the Autonomous Communities may withdraw recognition from the producer organisations of their competence where they cease to comply with the requirements for their recognition, or do not comply with the regulations as to how they operate.

Section 4. Other representative entities in the fisheries sector

Article 56. Associative entities and trade unions.

The shipowners ' associations, as well as the other legally recognised associative entities and trade union organisations of industry professionals, will have the consideration of representative bodies for the purposes of their Cooperation in the taking of decisions that may affect the interests they represent.

CHAPTER III

From the fishing fleet

Article 57. Registration of Fishing Vessels.

1. A Register of Fishing Vessels, of an administrative nature, shall be established in the Ministry of Agriculture, Fisheries and Food, where all Spanish vessels authorized for fishing, for auxiliary fishing or mariking vessels shall be established, with the expression of the data of the same interest for the implementation of the regulations on the management of the fisheries sector. Its content is part of the Community Register of Fishing Vessels.

2. The implementation of the provisions of the previous paragraph shall be carried out by the Autonomous Communities, which shall maintain a permanent telematic connection with the Ministry of Agriculture, Fisheries and Food.

3. In order to fulfil the European Union's commitments in the area of fishing fleet planning and other international commitments, the Government, after consulting the Autonomous Communities, will establish the relevant rules. for the evolution of the Spanish fishing fleet.

4. The registration in the Register of Fishing Vessels shall not exempt from the fulfilment of the duty of registration in the Commercial Registry and in other public records that may exist.

Article 58. Construction, modernization and conversion programmes.

The construction, modernization and conversion of fishing vessels will be carried out in the framework of the programs carried out by the Government, after consulting the Autonomous Communities of the coast, for the adaptation of the effort. fishing for the state of the resources and the situation of existing fisheries.

Article 59. New construction of fishing vessels.

1. The authorisation for the construction of fishing vessels shall require the units to be constructed to replace one or more vessels which are registered as low in the Register of Fishing Vessels, under the conditions laid down in Regulation (EC) 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 Development, the authorisations for new buildings shall correspond to the Autonomous Community in which the vessel is to have its base port.

The Autonomous Community shall grant such authorisation taking into account the relevant basic rules and the previous favourable report of the Ministry of Agriculture, Fisheries and Food on the aspects of its exclusive competence. in the field of sea fishing.

3. The identification document of the fishing vessel is the identification document of the fishing vessel, which is essential for the fishing activity to be authorised for the first time. In the Eduula, the identification data of the vessel, the base port of establishment and the casualties of the vessels provided for its construction shall be recorded as a minimum, which may not be released for the financial year of the year. fishing.

Article 60. Modernisation and conversion.

1. The modernization and conversion of fishing vessels will aim to modify the technical conditions of these vessels in order to adapt them to the current regulations on the prevention of occupational risks, to improve the conditions of habitability, rationalisation of fishing operations and perfecting the processes of handling and conservation of products on board.

2. Where the modernisation and conversion works involve an increase in fishing effort, the contribution of other vessels registered in the Register of Fishing Vessels shall be required in the form or with the exceptions which it rules set.

3. The modernization and conversion works shall be authorized by the Autonomous Community in accordance with the relevant basic regulations, subject to a favourable report from the Ministry of Agriculture, Fisheries and Food on the aspects of their competition. exclusive in the field of sea fishing, without prejudice to the powers of the Ministry of Public Works.

4. Public aid granted for the modernisation and conversion of fishing vessels shall be conditional upon the objectification of the social improvements referred to in paragraph 1 of this Article.

Article 61. Adaptation of the fleet to the situation of fisheries.

In order to adapt the fleet to the situation of the resources, and to promote the recovery and better use of them, the Government and the Autonomous Communities, within the framework of their respective competences, after consultation with the social partners, may encourage the following measures:

(a) The temporary or permanent cessation of certain fishing vessels.

b) The formation of joint ventures.

Article 62. Permanent cessation of fishing vessels.

1. The cessation of all fishing activities by a fishing vessel shall be deemed to be the permanent cessation of a fishing vessel.

2. The permanent cessation of fishing vessels will apply to those fleets and fisheries whose situation provides for long-term structural adjustment, in order to reduce fishing effort and to promote the recovery of resources.

3. The permanent cessation of a fishing vessel shall entail its discharge in the Register of Fishing Vessels and in the third list of the Register of Ships and Shipping Enterprises.

4. The conditions for compensation for the consequences of the cessation shall be determined, after consultation with the Autonomous Communities and the social partners, both as regards the shipowner and the workers.

5. The permanent cessation of fishing vessels will also be accompanied by the implementation of specific training and retraining programmes for the workers concerned to facilitate their reintegration into the productive economy.

6. When the permanent cessation of fishing vessels has an important effect on the worsening of living conditions in territories dependent on the activity of these vessels, the Government will be arbitrated in collaboration with the Communities. Autonomous compensatory measures to revive the economy of these territories.

Article 63. Temporary cessation of fishing vessels.

1. Temporary cessation of a fishing vessel shall mean the cessation of its activity for a specified period of time.

2. Temporary cessation is a temporary measure with the aim of reducing fishing effort, as a result of exceptional circumstances.

3. The conditions under which compensation from State resources for losses resulting from the temporary cessation of payments, after consultation with the Autonomous Communities and the social partners, shall be determined. In any event, such compensation shall not be granted where the cause of the cessation is an excess of fishing effort on a structural basis, or where the temporary cessation is an implicit requirement for the exercise of the activity.

4. The Ministry of Agriculture, Fisheries and Food shall determine for each modality, where appropriate, the extension of the compulsory rest, corresponding to the Autonomous Communities the location of the days and times of such rest in the activity.

Article 64. Joint ventures.

1. In order to have access to resources in waters under the jurisdiction of third countries and to improve the degree of supply of the Community market, the Government, or the Autonomous Communities, may adopt measures for the promotion of joint ventures, or other contractual arrangements provided for in regulation, on a temporary or permanent basis, with partners from countries other than those of the European Union.

2. In the promotion measures that are available to them, the Government, heard by the Autonomous Communities, will give preference to those projects that maintain a significant percentage of crew members or

community workers, in terms of social and labour conditions comparable to those enjoyed by the European Union.

3. The Ministry of Agriculture, Fisheries and Food shall carry out a public register of joint ventures and other contractual arrangements, where those which meet certain requirements relating to their use shall be registered. activity, composition of the social capital, or employees employed, among others. The benefits that are available to these companies will be conditional upon their registration in the Register.

CHAPTER IV

Setting base ports and base changes

Article 65. Base port concept.

For vessels of the national fishing vessel, the base port shall be the port from which the vessel develops most of its fishing trip, dispatch and marketing activities.

For vessels operating outside the national fishing grounds, the base port shall be the one with which a detachable socio-economic link is maintained, in accordance with what is to be regulated.

Article 66. Base port establishment.

1. The approval of the construction of any fishing vessel shall entail the establishment of its base port.

2. The establishment of the base port shall be granted by the Autonomous Community which authorizes the construction of the vessel and shall correspond to one of the ports of its coast, subject to report, if any, of the Port Authority.

3. In the case of vessels fishing in the national fishing grounds, the establishment of the base port shall necessarily correspond to the fishing vessel for which the activity of the vessel is authorised.

4. The establishment of the base port shall be without prejudice to the free choice of the ship's construction yard.

Article 67. Base port changes.

1. The base changes between ports of the same Autonomous Community shall be authorized by the corresponding Autonomous Community, after report, if any, of the Port Authority and the Fishermen's Cofradia.

2. The base changes between ports of different Autonomous Communities shall be authorized by the Ministry of Agriculture, Fisheries and Food prior to the report of those.

3. Where the fishing activity is intended to use a port other than the base port for periods longer than three months, a specific authorisation shall be requested. Exceptionally, in the case of specific rules for access to certain fishing areas, the conditions under which the vessels concerned may use a different port to which their base is fixed shall be laid down.

4. The Ministry of Agriculture, Fisheries and Food and the Autonomous Communities shall establish mechanisms for mutual information on the establishments and changes of the base port that are authorized.

5. The change of base port shall not prejudice or undermine the social and labour rights of workers.

Article 68. Requirements for base changes.

1. The following requirements must be met in order to be authorized:

(a) That the characteristics and particularities of the port are adapted to the needs of the vessel.

(b) In the case of vessels authorised to carry out fishing activities in the national fishing grounds, only basic changes involving a change of fishing vessel may be authorised where the vessel concerned has obtained from the Ministry of Agriculture, Fisheries and Food the fishing license that authorizes you to exercise the activity in the fishing zone on whose coast the new base port is located whose granting is requested.

c) There are possibilities for marketing and service delivery.

(d) that specific measures for the containment of fishing effort are not contravened, where appropriate.

2. The Government in the field of its powers may lay down other prerequisites for the approval of the basic changes, in order to avoid any imbalances resulting from the fishing effort being exerted on the individual Member States. fishing grounds.

CHAPTER V

Ports of landing and first sale of fishery products

Article 69. Ports of landing of fishery products.

1. Fishing vessels or merchant vessels landing fishery products on the national territory from Community flag vessels shall have to do so in ports which are determined by the Autonomous Communities.

2. Within each port, the landing shall take place at the docks and places demarcated, where appropriate, by the port authorities.

The Autonomous Communities shall keep the Ministry of Agriculture, Fisheries and Food promptly informed of the ports and approved sites.

3. In any case, those ports shall meet the following requirements:

a) Dispose of suitable and safe facilities for the fishing and unloading of vessels.

b) Dispose of suitable facilities for the handling and preservation of fishery products under optimal hygienic-sanitary conditions.

c) Dispose of the necessary means for an efficient exercise of the control tasks of the sea fishing.

Article 70. First sale of fishery products.

1. For the purposes of this Law, first sale is understood to be the first sale within the territory of the European Union and in which the price of the product is documented.

2. The first sale of fresh fishery products will be carried out through the ports of the ports. However, the Autonomous Communities may authorise centres for the first sale, as are the centres for the dispatch of molluscs and scrubbers, located in or outside the port area, without prejudice, where appropriate, to the powers of the Port Authority

on the location of these centers. In addition, derogations from the sale at auction may also be established for catches made with certain types of fishing.

3. Exceptionally, in the case of island territories where there are no longings, other systems may be authorised for the first sale of fresh fishery products, provided that the control of the products is sufficiently ensured.

4. The first sale of fishery products frozen or processed on board shall be carried out in establishments approved by the Autonomous Communities.

Article 71. The transport prior to the first sale.

Fresh fishery products to be the subject of their first sale through a auction of a port other than that of landing, as well as frozen or processed on board which must be transported before the first sale must be accompanied, from its departure from the port site until the first sale, of the documentation to be laid down in regulation, including, in any case, the quantities transported of each species, the origin of the consignment and the place of destination of the products.

Article 72. Referral of information.

Within the framework of the Community rules for the necessary integration of the competition controls of the State and the Autonomous Communities, the two administrations will exchange each other the resulting information. of the documents relating to the first sale, as well as the evolution of the level of catches of the quota species.

Article 73. Regulatory measures.

The holding, transport, transit, storage, processing, exhibition and sale of fishery products of any origin or provenance, which are of a size or weight below the rules in the field, shall be prohibited. international, community, state and regional.

Artificial fish and mollusc nurseries will have specific regulations.

Article 74. Prohibition on the marketing of catches from non-professional fishing.

The marketing, by any means, of catches from non-professional fishing shall be prohibited.

TITLE III

Marketing and processing of fishery products

CHAPTER I

General principles

Article 75. Instruments of the policy for the marketing and processing of fishery products.

The policy of marketing and processing of fishery products, shellfish and aquaculture will be carried out through:

(a) Measures for the standardisation of products throughout the commercial chain, in order to make the market more transparent and to provide adequate information to the consumer, in particular on the nature and origin of the products. products.

(b) Standards to ensure throughout the marketing chain that fishery and shellfish products are adapted to the rules for the conservation of the applicable resources in each case.

(c) Measures to promote the processing of fishery products.

d) Measures for improving quality and for the promotion of products.

CHAPTER II

Marketing of fishery products

Article 76. Concept.

For the purposes of this Law, the marketing of fishery, shellfish and aquaculture products shall mean each of the operations from the first sale to final consumption, and comprising, among others, the holding, transport, storage, exhibition and sale, including the one performed in the catering establishments.

Article 77. Normalization.

Throughout the entire marketing process, the products must be correctly identified and must comply with the state and regional marketing regulations that will be established, which will cover, among other materials, freshness, calibration, denomination, origin, presentation and labelling.

Article 78. General principles of identification.

The identification of fishery products through labelling, presentation and advertising will be subject to the following principles:

(a) They must incorporate or permit in a certain and objective manner effective, truthful and sufficient information about their origin and their essential characteristics.

(b) They shall leave no doubt as to the nature of the product, in any case the species.

c) They shall not mislead or mislead by means of inscriptions, signs, anagrams, drawings or forms of presentation which may lead to confusion with other products.

d) Data will not be omitted or distorted so that a false image of the product can be propitiated.

e) They will declare the quality of the product or its main elements based on specific quality standards.

Article 79. Prohibitions.

The marketing of fishery and shellfish products of any origin or origin, whose size or weight is less than the regulatory of each mode or its method of obtaining, shall be prohibited. in accordance with international, Community, state and regional rules of application in the field or in breach of the health rules that are established at any time.

CHAPTER III

From the transformation of fishery products

Article 80. Concept.

1. The transformation of fishery products means the set of operations which modify the physical or chemical characteristics of the products, with the aim of preparing them for marketing.

2. The concept of transformation comprises the preparation, treatment and conservation operations.

Article 81. Promotion of the transformation.

1. The Government and the Autonomous Communities may adopt measures to promote the processing operations of fishery, shellfish and aquaculture products.

2. The promotion measures shall preferably be directed towards:

a) The diversification of products.

b) Improving quality.

c) Technological innovation.

d) The use of surplus or underutilized resources.

e) The development of interprofessions with the collaboration of the extractive sector.

f) The use of by-products.

g) Reducing the impact on the environment.

CHAPTER IV

Improving the quality of fish products

Article 82. Promotion of fishery products.

In the campaigns that the Ministry of Agriculture, Fisheries and Food promotes, at national or international level, with the collaboration, if any, of the competent administrations, the promotion of the fishery products Preferably direct to:

a) Favour the consumption of underutilized or surplus products.

b) Facilitate the marketing of traditional and artisanal products.

c) Contribute to the adaptation between supply and demand.

d) Disclosing the knowledge of indigenous productions.

e) Promote the development of quality denominations.

f) Contribute to appropriate consumer information about the characteristics of the products.

Article 83. Improvement of the quality of fishery products.

In the elaboration of the rules affecting the marketing of fishery products, shellfish and aquaculture, and in the promotion measures affecting this activity, the Government will take into account the objective of to improve the quality of these, in order to increase the added value and to encourage the efficient use of resources.

TITLE IV

Fishing and oceanographic research

CHAPTER I

General principles

Article 84. Promotion of research.

1. Fisheries and oceanographic research shall be encouraged, both in the waters of sovereignty or national jurisdiction and in any other waters in which the Spanish fleets operate, in order to make the sustainable exploitation of the resources compatible with the respect for the marine environment, including the conservation of biodiversity, in the framework of the code of conduct for responsible fisheries.

2. The Government and the Autonomous Communities, within the scope of their respective powers, shall cooperate in the promotion of fisheries and oceanographic research, mainly through the Ministries of Foreign Affairs and Science and Technology, and of the Consejeries or Departments competent in the field of the Autonomous Communities.

Article 85. Objectives.

Fisheries and oceanographic research, in the field of maritime fisheries policy, has as essential objectives:

(a) Knowledge of the conditions of the marine environment and its relations with living resources.

b) Knowledge of the biology of marine species and their interactions.

c) The assessment of the impact on marine ecosystems by fishing activity and other human activities.

d) The periodic assessment of the status of the living resources of interest to the Spanish fleets.

e) Dispose of the knowledge necessary to guide the different actions of the Administration in relation to the fishery resources.

f) The search for new fishing resources of interest that can be used.

g) The development of aquaculture.

Article 86. Planning and scheduling.

1. Fisheries and oceanographic research will integrate its action programmes into the National Plan for Scientific Research and Technological Development.

2. Joint actions with the Autonomous Communities will be promoted for the implementation, development and implementation of fisheries and oceanographic research programmes.

3. Active agents in the fisheries sector will be able to intervene in the planning, programming and determination of the objectives.

Article 87. Industry collaboration.

Professional fisheries organisations and, in general, fisheries operators will assist in the implementation of the objectives of fisheries and oceanographic research, facilitating the implementation of the on board the vessels, at ports and on the markets, by providing the relevant information.

CHAPTER II

State fisheries and oceanographic research

Article 88. The Spanish Oceanographic Institute.

The Spanish Institute of Oceanography (IEO), is an autonomous body, attached to the Ministry of Science and Technology, with the status of Public Research Agency, of a sectorial and multidisciplinary nature, endowed with its own personality and its own heritage, in the service of the State's scientific and technological policy, in the field of oceanography and maritime fisheries.

The Spanish Institute of Oceanography will give priority to the objectives of the Government's fisheries policy, both in research functions and technical and scientific support, and may represent the Ministry of Agriculture, Fisheries and Food in international scientific forums related to oceanography and fisheries, in coordination with the Ministry of Foreign Affairs and, where appropriate, in collaboration with the research organizations of the Autonomous Communities.

The Government, by means of Royal Decree, will fix the mechanisms of joint and shared action of the Ministries of Science and Technology and of Agriculture, Fisheries and Food, in relation to fisheries and oceanographic research the IEO, in the field of maritime fisheries, for the elaboration and implementation of the Sectoral Programme, as well as for the actions which, if necessary, are necessary for the implementation of the Government's maritime fisheries policy. These ordinary activities of the body will be financed from your budget.

TITLE V

Violations and Sanctions Regime

CHAPTER I

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

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 Ministry of Agriculture, Fisheries and Food.

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

Article 90. Responsible.

1. The natural or legal persons who commit them are responsible for the offences defined in this Law, even if they are integrated into temporary associations of undertakings, groups or communities of goods without personality.

2. Where the offence is attributable to several persons and it is not possible to determine the degree of participation of each person, they shall be jointly and severally liable:

(a) owners of vessels, shipowners, charterers, captains and skippers or persons who conduct fishing activities, in the case of maritime fishing offences.

(b) Carriers or any persons involved in the transport of fishery products in respect of the alleged infringement provided for in Article 99 (d).

(c) the owners of the marketing or processing companies of fishery products and personnel responsible for the same in the case of infringements affecting these activities.

(d) The holders of the concession of the fish auction with respect to the identification of the species, as well as the sale of products of size or weight lower than the regulated ones.

Article 91. 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. Where the alleged infringer may be a criminal offence or a fault, the tax ministry shall be transferred from the fault of the fault, with the prosecution of the sanctioning procedure suspended while the judicial authority has not issued a decision. firm resolution or end the procedure.

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 92. Limitation of infringements and penalties.

1. The administrative offences provided for in this Law shall prescribe: within three years the very serious, in the period of two years the serious and in that of six months the slight.

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 93. 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 retention of the vessel or the anti-regulatory fishing gear and the boarding of the vessel in the case of serious or very serious infringements, in order to ensure the effectiveness of the resolution which may be passed, the good end of the procedure, the maintenance of the effects of the infringement and to ensure the general interest.

2. 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 not exceeding five days, giving the same to the persons concerned.

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.

3. The provisional measures must be confirmed, amended or lifted within 15 days, with the initiation of the sanctioning procedure being agreed, where appropriate.

Article 94. Of the goods apprehended, seized and seized.

1. The vessels apprehended shall be released without delay, subject to the lodging of a security or other legally provided financial guarantee, the amount of which shall be fixed by the competent authority, by means of the administrative act concerned, which may not exceed of 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 shall be at the disposal of the Ministry of Agriculture, Fisheries and Food, which may decide on its location and destination in accordance with the legislation in force.

2. The seized gear, gear or fishing gear shall be destroyed. The seized regulations will be returned to the person concerned if the resolution appreciates the non-existence of an infringement or, if necessary, once the amount of the bond imposed has been effective.

3. Catches of fish caught with a non-regulatory size, suitable for consumption, may be distributed between charities and other public and private non-profit institutions or, if not, shall be destroyed.

4. The costs arising from the adoption of the precautionary measures, or the ancillary penalties, shall be borne by the person concerned.

CHAPTER II

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

Article 95. Minor infractions.

For the purposes of this Law, minor infractions are considered:

(a) Any updating of the personal data and circumstances contained in the license, where it does not require prior administrative authorization, without making the legally intended communication.

b) The production of fish fishing and fish selection with lights that hinder the visibility of the regulations.

(c) The incorrect entry in the Fisheries Journal and in the landing declaration which do not entail an alteration of the data relating to catches or fishing effort.

(d) Actions or omissions which result in non-compliance with the obligations laid down in Community fisheries legislation or provided for in international fisheries agreements, agreements or treaties which do not constitute severe or severe violation.

e) 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 96. 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 the corresponding authorisation.

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

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

d) The alteration of the data and circumstances appearing in the relevant fishing authorisation.

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

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

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

h) The use of buoys or beacons that do not comply with current regulations.

i) Failure to comply with the obligation to respect the minimum distances for vessels and gears established in the current legislation, in order to hinder fishing activities.

j) Do not bring the control device via satellite or any other nature, established in the current rules, installed on board, for reasons attributable to the person concerned.

k) Manipulate, alter, or damage control devices or interfere with their communications.

l) Not to fill in the Fisheries Journal or the landing declaration, or to do so by altering the data relating to catches, fishing effort or by infusing the rules in force, as well as not carrying on board the said Journal.

m) The removal or alteration of evidence that might give rise to the commission's knowledge of an infringement.

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

n) Failure to comply with the obligation to communicate travel, transhipments, pre-notice of arrival to port, catches taken on board and information on fishing effort as required by the regulations in effect.

(o) The failure to communicate to the competent Spanish authorities, in the case of landing of catches outside the territory of the European Union, the species, quantities and dates of such landing, and the area in which it is made the catch.

p) Lack of collaboration or obstruction of inspection tasks, without getting to prevent their exercise.

(q) Non-compliance by non-Community fishing vessels of the obligation to make landings in the presence of the officials responsible for control, where required by the rules in force.

r) The use of landing facilities by non-Community vessels without making the notifications provided for in the regulations in force.

s) The landing or unloading of fishery products outside the sites referred to in Article 69.2 in such a way as to prevent or impede the control and inspection functions in relation to the products covered by the disembarkation or unloading.

t) Failure to comply with the obligation to provide the competent authorities with the leaves of the Fisheries Journal and the declaration of landing on arrival in port, within the time limits laid down in the rules in force.

u) Failure to comply with the obligation to make visible, in the form provided for by the legislation in force, the vessel's folio and registration or any other distinguishing mark, to prevent its display or to manipulate such registration When the exercise of the inspector's activity is difficult.

(v) Any conduct typified as minor in the field of sea fishing, committed by Spaniards in the exercise of their command duties on vessels flying the flag of qualified countries as the flag of convenience.

2. 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 in which it is required according to 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, prior to its first sale, of caught fishing species without the necessary authorisations or under conditions other than those laid down therein.

(d) The capture and possession, prior to their first sale, of unauthorised species or of which the total allowable catches (TACs) or quotas would have been exhausted.

e) The holding, prior to its first sale, of species of size or weight lower than the regulatory or, where applicable, when the permitted margins for certain species are exceeded in the current regulations.

f) Non-compliance with the rules on maximum allowable catch ceilings.

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

3. 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 gear and gear.

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

e) The change of fishing mode without the mandatory authorization.

Article 97. Very serious infringements.

For the purposes of this Law, very serious infringements are considered:

(a) The exercise or carrying out of professional maritime fishing activities without being included in the Maritime Fisheries Ship Census.

b) The performance of activities not permitted in the fisheries protection zones.

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

d) obtaining authorizations or aid for fishing based on false documents or information.

(e) The exercise of fishing activity without authorisation in waters of the territorial sea or exclusive Spanish economic zone by non-Community fishing vessels, as well as the holding on board or landing of fishery products in Spanish ports, without duly justifying the origin of their catches.

(f) The violation of obligations established under the International Agreements, Agreements or Treaties on fisheries, where their non-compliance may endanger or threaten the normal execution of such obligations.

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

(h) The resistance, disobedience or serious obstruction to the surveillance or inspection authorities or their agents, preventing the exercise of their activity.

i) Any conduct classified as serious in the field of sea fishing or violation of the obligations established under the Conventions, Agreements or international treaties committed by Spaniards in the exercise of their privileges of command on ships flying the flag of qualified countries as a flag of convenience.

CHAPTER III

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

Article 98. Minor infractions.

For the purposes of this Law, minor infractions are considered:

(a) The delay in complying with the mandatory reporting obligations to public administrations.

b) Loading fishery products outside the places or ports set for this purpose.

Article 99. Serious infringements.

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

(a) the placing on the market of fishing species with non-compliance with 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 modernisation of fishing vessels on the sidelines or in breach of the mandatory authorisations of the competent bodies of the Autonomous Communities in the field of their respective competencies.

c) Tenancy, consignment, transportation, transit, storage, transformation, exposure

and the sale, in any of the legally provided forms, of prohibited fishery products or of size or weight below the regulated.

(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 authorized or with non-compliance with the required requirements, as well as the non-issuance of the sales note or the inclusion of data false 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 legally established.

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

Article 100. Very serious infringements.

For the purposes of this Law, very serious infringements are considered:

(a) obtaining grants, loans and, in general, any type of aid, based on false data, as well as for purposes other than those intended.

b) Obtaining precise authorizations based on false documents or information.

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

CHAPTER IV

From Sanctions

Article 101. 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) Multa.

(c) Disablement for the exercise or development of fishing activities for a period not exceeding five years.

d) Seizure of prohibited fishing gear, gear, gear, or fishing equipment that infringes current regulations.

e) Ignoring products or goods.

(f) Suspension, withdrawal or non-renewal of authorisations for a period not exceeding five years.

g) Impossibility to obtain for a period not exceeding five years, of loans, grants or public aid.

h) Seizure of the vessel.

2. These penalties shall be cumulative in accordance with the provisions of this Law.

3. Irrespective of the nature of the penalty, the sanctioning body may agree to the imposition of periodic penalty payments in accordance with Article 99 of Law No 30/1992, after the time limits laid down in the the corresponding requirement. The amount of each of those fines shall not exceed 20 per 100 of the fine fixed for the corresponding infringement.

4. By way of derogation from Article 91.5, where the fishing vessel has been used for the purpose of trafficking in toxic drugs, narcotic drugs, psychotropic substances, illegal transport of immigrants, or for any other constituent activity the responsibility of the perpetrators has been determined by a firm judicial decision, they shall be disabled for the exercise or development of the fishing activities for a period of ten years.

Article 102. Graduation of the main sanctions.

1. Minor infractions will be sanctioned with warning or with a fine of 9,983 to 49,916 pesetas, 60 to 300 euros.

2. Serious infractions will be sanctioned with a fine of 50,082 to 9.983.160 pesetas, 301 to 60,000 euros.

3. Very serious infractions will be sanctioned with a fine of 9,983,326 to 49,915,800 pesetas, 60,001 to 300,000 euros.

Article 103. By

law, by-law, by law of the European Parliament

1. Serious infringements, in addition to the corresponding fine, may be sanctioned with one or more of the following ancillary penalties depending on the circumstances:

(a) Disablement for the pursuit or development of fishing activities for a period not exceeding three years: the infringements referred to in Article 96 (1) (a), (1) (b), (1), (1), (1), (1), (1), (1), (1), (1), (1), (1), (1), (1), (1), (1), (1), (1), 1.m), 1.n), 1.n), 1.o), 1.p), 1.s), 1.t), 1.v), 2.a), 2.c), 2.d), 2.e), 2.f), 3.a), 3.b), 3.c), 3.d) and 3.e).

b) Seizure of fishing gear, gear or gear:

the infringements referred to in Article 96 (2) (a), (3) (b), (3) (c) and (d))

c) Disregard of the products or goods obtained in the commission of: the infringements referred to in Article 96 (1) (a), (1), (1), (1), (1), (1), (1), (1), (1), (1), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2), (3), (3), (3), (3), (3), (3) and (c) of 3.d).

(d) Suspension, withdrawal or non-renewal of authorisations for a period not exceeding three years:

the infringements referred to in Article 96 (1) (b), (1), (1), (1), (1), (1), (1), (1), (2), (2), (2), (2) and (3) (

).

2. Very serious infringements, in addition to the corresponding fine, may be sanctioned with one or more of the following ancillary penalties depending on the circumstances:

(a) Disablement for the exercise or development of fishing activities for a period not exceeding five years: the infringements referred to in Article 97 (a), (b), (c), (d), (f), (g), (h) and (i)

b) Seizure of fishing gear, gear or gear:

the infringements referred to in points (a) and (b) of Article 97.

(c) Disregard of the products or goods obtained in the commission of: the infringements referred to in Article 97 (a), (b), (e) and (g).

(d) Suspension, withdrawal or non-renewal of authorisations for the exercise of fishing for a period not exceeding five years: the infringements referred to in Article 97 (b), (c), (d), (f), (g) and (h)

(e) Impossibility of obtaining loans, grants or public aid for a maximum period of five years: the infringements referred to in Article 97 (a), (b), (c), (d), (f), (g) and (h)

f) Seizure of the vessel: the infringement provided for in Article 97 (a).

Article 104. Ancillary penalties for the management of the fisheries sector and the placing on the market of fishery products.

1. Serious infringements, in addition to the corresponding fine, may be sanctioned with one or more of the following ancillary penalties depending on the circumstances:

(a) Disregard of illegally obtained goods or goods: the offences referred to in Article 99 (a), (c), (d), (i), (j), (l) and (m)

(b) Suspension, withdrawal or non-renewal of authorisations for a period not exceeding five years:

the infringements referred to in Article 99 (a), (b), (c), (e) and (m)

(c) Disablement for the exercise or development of fishing activities for a period not exceeding five years: the infringements referred to in Article 99 (a), (b), (f), (g), (h) and (k)

2. Very serious infringements, in addition to the corresponding fine, may be sanctioned, depending on the circumstances, with one or more of the following ancillary penalties:

(a) Suspension, withdrawal or non-renewal of authorisations for a period not exceeding five years:

the infringements referred to in Article 100 (b) and (c).

(b) Disablement for the exercise or development of activities for a period not exceeding five years:

the infringements referred to in Article 100 (b) and (c).

(c) Impossibility of obtaining aid, loans or public subsidies for a maximum period of five years: the infringements referred to in Article 100 (a).

Article 105. 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, by duly reasoned writing, to the Minister for Agriculture, Fisheries and Food, stating the commitment to subject to the conditions which, in order to be granted, are to be established, in order to ensure, during the period of suspension, a conduct of compliance with the rules governing the exercise of the activity fishing.

The filing of the application will determine the automatic suspension of the execution of the sanction until the resolution of the case 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.

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

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

(b) The amount of the penalty imposed does not exceed 4,991,500 pesetas, 30,000 euros.

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, Fisheries and Food may decide to grant or refuse 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. Likewise, the favourable resolution, duly substantiated, shall be notified to the parties concerned, and shall express the conditions under which it shall be carried out, as well as the suspension of the periods of limitation of the penalty provided for in this Law. Interested parties may understand their request for 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.

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, Fisheries and Food shall agree to the remission of the sanction provided that the sanctioning administrative resolution is firm and there is no judicial judgment.

Article 106. 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 respect of the marketing of fishery products, irrespective of their origin, 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 107. 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 Resources, in the event of serious infringements.

(c) To the Secretary-General for Maritime Fisheries, in the case of very serious infringements, if the amount of the fine does not exceed EUR 24,957,900, EUR 150 000.

(d) To the Minister of Agriculture, Fisheries and Food, where the offence is described as very serious if the amount of the fine exceeds EUR 24,957,900, EUR 150 000.

Article 108. 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.

Additional disposition first. Coordination and consultation bodies.

1. National Fisheries Council.

The National Fisheries Council is hereby established as a coordinating body between the Ministry of Agriculture, Fisheries and Food and the Autonomous Communities in the matters governed by this Law.

The Secretary-General for Maritime Fisheries, who will act as President, the Directors-General of the General Secretariat for Maritime Fisheries and a representative of each of the Communities, will be part of the National Fisheries Council. Autonomous with competence in the field.

The functions and functioning of the Council shall be established in a regulatory manner.

2. The Advisory Committee of the Fisheries Sector.

The Advisory Committee of the Fisheries Sector is hereby established as the advisory and consultative body of the Ministry of Agriculture, Fisheries and Food with representatives of the fisheries sector in the matters of its competence.

The Committee, whose composition and functions will be regulated, shall be composed of representatives of the General Administration of the State, and of the most representative organisations or associations in the fisheries sector, and be chaired by the Secretary-General for Maritime Fisheries.

Additional provision second. Application rules.

1. They constitute maritime fisheries legislation and are issued under Article 149.1.19.a of the Constitution, Title I and Articles 89,a), 93, 94, 95, 96, 97, 101, 102, 103, 105, 107, additional provisions first and sixth and provision single transient.

2. They constitute basic legislation for the management of the fisheries sector and are issued under Article 149.1.19.a of the Constitution, Title II and Articles 89,b), 98 to 102, 104, 106.1, 108 and the fifth additional provision.

3. They constitute basic legislation for the management of commercial activity and are issued under Article 149.1.13.ade of the Constitution, Title III and Articles 89,b), 99.1), (c), (d), (j) and (m), 100.a) and (b), 101 (1), (a), (b), (c), (e), (f) and (g), and paragraphs 2 and 3, 102, 104, 106.2, 108 and the fifth additional provision.

4. They form the basis of the legal system of public administrations and are dictated by Article 149.1.18.ade of the Constitution, Articles 90, 91 and 92.

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.ade of the Constitution.

Additional provision third. Data transmission.

The Ministries of Agriculture, Fisheries and Food and Development will establish the precise coordination mechanisms between the Register of Fishing Ships and the Registry of Ships and Shipping Companies. The Ministry of Agriculture, Fisheries and Food shall inform in advance the changes in the data of the third list of the Register of Ships and Shipping Companies and shall have permanent and direct access to it for consultation purposes.

Additional provision fourth. Imports of fishery products.

It is for the Ministry of Agriculture, Fisheries and Food, without prejudice to the concurrent powers of other departments, to control fishery products from non-Community countries on the occasion of their Landing or unloading on national territory. For this purpose and other derivatives of the State competition on foreign trade, the Government shall designate the authorised ports and places of landing or unloading.

The masters of fishing vessels flying the flag of a third country and the consignors of fishery products from those countries shall communicate the port or place and the intended time of landing or unloading, the operation cannot be carried out if the Ministry of Agriculture, Fisheries and Food does not confirm that it has received such advance notice.

Additional provision fifth. Illegal possession of species.

The holding of prohibited species or size or weight less than regulated by any person on the market, store, warehouse, establishment or other place, container or object of similar characteristics, or by street vendor in any site, shall be deemed to be possession for sale or sale, unless otherwise tested.

Additional provision sixth. Administrative silence on fishing authorisations.

In compliance with the provisions of Article 43 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the expiration of the maximum period for resolving the applications for maritime fishing authorisations shall be understood as negative administrative silence.

Additional provision seventh. Legislation in force.

1. The application of this Law shall be carried out without prejudice to the validity of the following laws:

a) Organic Law 2/1986, of March 13, of Forces and Security Corps.

b) Law 14/1986, of 25 April, General of Health.

c) Law 22/1988, of 28 July, of Costas.

d) Law 4/1989, of March 27, of Conservation of Natural Spaces and Wild Fauna and Flora.

e) Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy.

2. This Law is also provided without prejudice to the health rules applicable to the production and placing on the market of live bivalve molluscs, fishery products and aquaculture.

Additional disposition octave. Coastal fishing and sea fishing for recreation.

1. Channels of cooperation and, where appropriate, the use of the corresponding constitutional provisions, shall be established for the purpose of implementing a unified administrative action in the field of coastal sea fishing which has as its object a greater effectiveness of public action. Sea fishing is understood to mean the fishing fleet which runs for a period of less than 24 hours.

2. In addition, in relation to sea fishing, the Ministry of Agriculture, Fisheries and Food and the Autonomous Communities may establish collaboration agreements or agreements on management tasks in order to ensure compliance measures for the protection, conservation and improvement of fishery resources in the field of their respective competences.

Additional provision ninth.

The entry into force of this Law will continue to apply the censuses published in the "Official Gazette of the State", as well as the possibilities of fishing that in the same are recognized to the companies or associations of companies of the holders of the vessels included in those censuses, until the preparation of the new censuses in accordance with the provisions of Article 26 of this Law.

Single transient arrangement. Implementation of the most favourable legislation.

The violations committed during the duration of Law 14/1998 of 1 June, establishing the control regime for the protection of fishery resources, will be subject to the most favorable sanction for the suspected offender.

Single repeal provision.

As many provisions of equal or lower rank are repealed as set out in this Law, and expressly the following rule: Law 14/1998, of 1 June, establishing the control regime for the protection of fishery resources.

Final disposition first. Sanctions update.

The Government is empowered to update, by Royal Decree, the amount of the penalties provided for in this Law.

Final disposition second. Regulatory development.

The Government and, where appropriate, the Minister of Agriculture, Fisheries and Food, in the field of their competence, are hereby authorised to make any provisions necessary for the development and implementation of this Law.

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

Madrid, 26 March 2001.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ