National Fishing Law

The Enforcement Authority will determine the prohibited methods and techniques, equipment and fishing gear. The following acts are especially prohibited in all maritime spaces under Argentine jurisdiction: (m) Throwing discards and waste into the sea, contrary to responsible fishing practices;

The Enforcement Authority will determine the prohibited methods and techniques, equipment and fishing gear. The following acts are especially prohibited in all maritime spaces under Argentine jurisdiction: (o) Carry out any practice that threatens the sustainability of the fishing resource and responsible fishing practices.

Fishing permits will be granted as stipulated by articles 7 and 9 of this law, with the following conditions:

1. For a period of up to 10 (ten) years for a specific vessel. The Federal Fisheries Council will establish the conditions, and must prioritize the following: a- vessels that employ Argentine labor in a higher percentage; b- ships built in the country; c- newer vessels.
2. For a period of up to 30 (thirty) years for a specific vessel, belonging to a company with processing facilities located in the national territory, and that process and produce fishery products there in a continued manner. The Federal Fisheries Council will establish the conditions, and must prioritize the following: a- vessels that employ Argentine labor in a greater percentage, on land and ships proportionally; b- that add value to the final product; c- ships built in the country; d- newer vessels.
3. For the purposes of granting the permits provided for in paragraphs 1 and 2 of this article, the companies holding the vessels must prove compliance with current legal, social security and tax obligations.

Experimental fishing by natural or legal persons, national or foreign, or international organizations with vessels under national or foreign flag, shall require authorization granted by the Enforcement Authority, following a favorable opinion from the Federal Fisheries Council. The Enforcement Authority shall have free access to all information derived from scientific and technical research and shall have the authority to designate representatives from the INIDEP (National Institute for Fisheries Research and Development) who, as observers, shall witness the work and verify that it complies with the conditions and limits established.

It will be mandatory to unload the production of fishing vessels in Argentine ports. Only in force majeure accredited cases or when ships are authorized to operate in international waters, the Enforcement Authority may authorize unloading in foreign ports and transshipment in Argentine ports or the landings in authorized port anchor areas.

The exploitation of marine living resources in maritime areas under Argentine jurisdiction may only be carried out by individuals domiciled in the country or private legal entities constituted and operating in accordance with national laws. Vessels engaged in fishing activities must be registered in the national register and fly the national flag.

As of the entry into force of this law, a catch quota shall be assigned to each fishing permit, both to existing ones and those granted in the future. The Federal Fisheries Council is authorized to regulate and issue all necessary rules to establish a regime for the management of fishery resources through the allocation of catch quotas by species, by vessel, fishing zones, and type of fleet. Catch quotas shall be temporary concessions that may not exceed, per company or business group, the percentage set by the Federal Fisheries Council on the Maximum Permissible Catch per species to avoid undesirable monopolistic concentrations. To establish the parameters of the fisheries management regime and the allocation of catch quotas, the Federal Fisheries Council shall prioritize the following items:

1. Number of national workers employed;
2. Investments effectively made in the country;
3. The average legal catch in tons of each species made during the last eight (8) years, measured until December 31, 1996, per vessel or group of vessels if they belong to the same company or business group;
4. The average tons of processed fish products, on board or on land, of each species in the last eight (8) years, measured until December 31, 1996, per vessel or group of vessels if they belong to the same company or business group;
5. Lack of records of sanctions applied for infringement of laws, decrees, or regulatory resolutions of fishing activity. Catch quotas may be wholly or partially transferable in accordance with the conditions established by the Federal Fisheries Council, which shall establish a Transfer Right payable by the assignee, in relation to the volume of catch and value of the species authorized by the quota. The transfer of catch quotas from fresh fishing vessels to freezers or processing plants shall not be allowed. The Federal Fisheries Council may reserve part of the Maximum Permissible Catch as a method of conservation and management, prioritizing its allocation to sectors of maximum social interest.

The Federal Fisheries Council will grant the assigned catch quotas, or capture authorization in the event that the species is not quotated, in accordance with the provisions of article 27 of this law, to those holders who declare by means of a declaration sworn before the enforcement authority that: a) They are not shipowners or owners of fishing vessels that carry out fishing operations within the waters under the jurisdiction of the Argentine Republic without the corresponding fishing permit issued in accordance with the provisions herein; b) They lack a legal, economic or beneficial relationship, in accordance with the provisions of Article 33 of Law 19.550, with natural or legal persons who own and/or operate fishing vessels that carry out fishing operations within the waters under jurisdiction. of the Argentine Republic without the corresponding fishing permit issued in accordance with the provisions herein; c) They have no legal, economic or beneficial relationship with natural or legal persons, owners and/or shipowners, of fishing vessels that carry out fishing operations within the waters under the jurisdiction of the Argentine Republic without the corresponding fishing permit issued in accordance with the provisions herein.

When the enforcement authority, after substantiating the corresponding summary, verifies that any of the illicit conduct classified in current regulations has occurred, it will apply one or more of the sanctions set forth, according to the characteristics of the vessel, the seriousness of the offense and the background of the offender: a) Warning, in the case of minor infractions; b) Fine, in accordance with the provisions of article 51 bis; c) Suspension of the registration in the records kept by the enforcement authority of the vessel which committed the crime, from five (5) days to one (1) year; d) Cancellation of the registration indicated in the previous section; e) Confiscation of fishing gear and/or equipment; f) Confiscation of the catch obtained illegally; g) Seizure of the vessel.

The Enforcement Authority may decide to install devices on vessels for satellite monitoring thereof, and fishing vessel owners must care for and maintain said devices in perfect working order. Violations committed in this regard shall be sanctioned in accordance with Article 51 of this law.