Decreto 430 | General Law on Fisheries and Aquaculture

The Undersecretariat, by resolution and prior technical report, will approve, for one or more target species and their accompanying fauna, a research program aimed at compiling technical background that will allow the elaboration of a plan to reduce the discarding of both the species objective as well as the accompanying fauna and the capture of bycatch. Said research program must include at least the quantification of the discarding of both the target species and the accompanying fauna and the capture of bycatch. Said research program must include at least the quantification of the discarding of both the target species and the accompanying fauna and the capture of bycatch, the determination of its causes, the way in which it is carried out and the means through which which this information will be recorded. The program must consider, at least, the fisheries biological information collected by scientific observers designated by the Undersecretariat of Fisheries in accordance with Title VIII. The program will have a duration of no less than two years and must include a proposal for measures aimed at reducing the discarding of both the target species and the accompanying fauna and the capture of bycatch. Within a maximum period of three years of execution of the research program, the Undersecretariat of Fisheries will establish a plan to reduce the discarding of both the target species and the accompanying fauna and the capture of bycatch, which must contain, at least the following elements: a) The administration and conservation measures and the technological means necessary to reduce the discarding of both the target species and the accompanying fauna and the capture of bycatch; b) A monitoring and follow-up program of the plan; c) An evaluation of the measures adopted to reduce the discarding of both the target species and the accompanying fauna and the capture of bycatch; d) A training and dissemination program. The reduction plan must consider a code of good practices in fishing operations, as a complementary mitigation measure. Likewise, it may consider incentives for innovation in fishing systems and gear, which aim to mitigate or reduce the discarding of both target species and the accompanying fauna and the capture of bycatch. The Undersecretariat of Fisheries will establish annually, by means of a reasoned resolution, the list of the target species and their accompanying fauna that are subject to the research program referred to in this article.

Article 7 B.- Individuals of a target species may not be discarded. any be his regime of access, and his fauna companion, except that the following requirements are met: That sufficient technical records of the discard have been collected, in accordance to a program of investigation executed of accordance with it willing in the previous article. That HE keep up in execution he program of investigation indicated in the previous letter. That HE is fixed a share global annual of capture for the target species . That in he process of establishment of the share global annual of capture discard has been considered. That the species aim and his fauna companion HE find subjected to the reduction plan referred to in the previous article. That the discard does not affect the conservation of the target species. The Undersecretary of Fishing will establish annually, through resolution founded and following a technical report, the list of the target species and their accompanying fauna that meet the aforementioned requirements. Article 7 C.- The return to the sea of marine mammals, reptiles, penguins and other sea birds will be mandatory, unless they are severely damaged or injured, in which case they will be retained on board for the purposes of being sent to a rehabilitation center. hydrobiological species. Likewise, it will be mandatory the return of specimens of a species hydrobiological, in the cases in which the current administration measure expressly provides for it. The Undersecretary will establish, through resolution and previous report technical, the list of species found in the cases provided for in this article. Article 7th D.- Without damage of the rules of this Paragraph, HE must give compliance to the measures of administration established of accordance with the current regulations.

Individuals of a target species may not be discarded, regardless of their access regime, and their accompanying fauna, unless the following requirements are met: a) That sufficient technical records of the discard have been collected, according to a research program executed in accordance with the provisions of the previous article; b) That the research program indicated in the previous letter continues in execution; c) That a global annual capture quota has been set for the target species; d) That discarding has been considered in the process of establishing the annual global capture quota; e) That the target species and its accompanying fauna are subject to the reduction plan referred to in the previous article; f) That the discard does not affect the conservation of the target species. The Undersecretariat of Fisheries will establish annually, by means of a well-founded resolution and prior technical report, the list of the target species and their accompanying fauna that meet the aforementioned requirements.

Anyone who captures or extracts hydrobiological resources using items explosives, toxic or other elements whose nature causes damage to these resources or their environment, will be punished with a fine of 50 to 300 monthly tax units, and with a minor prison sentence in its medium degree. The same sanction will be applied to anyone who engages in recreational fishing using the elements described in the previous subsection, including firearms and electricity. If the damage to the hydrobiological resources or their environment referred to in the previous subparagraphs is not proven, minor imprisonment will be applied to its minimum degree.

Scientific observers will have the only functions of collecting, recording and reporting biological-fishery data and information on industrial and artisanal fishing operations, landing points or processing of fishing resources. Their work will not be oversight. Scientific observers must demonstrate knowledge and skills to carry out basic scientific tasks and may be professionals or technicians linked to marine, fisheries or aquaculture sciences, from accredited universities and professional institutes.

Article 104.- He regulation will establish a procedure of coordination boarding, he that must contemplate a term minimum of 10 days for inform of the appointment of scientific observers to the respective shipowners. The maritime authority will not grant authorization to sail to ships or vessels that, having them been designated a observer, No this including in the crew on board. Shipowners must ensure that the captains or masters of their ships or vessels provide observers with extensive cooperation, so that they can carry to cape the tasks of collection of data. For these For these purposes, they must be provided with an adequate space for collecting information and analyzing of the samples as in addition a place enabled for process the capture data obtained. He compliance of the obligation of cooperation includes, besides, toast adequate accommodation, food, communication and personal security facilities for scientific observers. Scientific observers must have a tracking device of emergency staff that will activate exclusively in case of danger to his physical integrity. The call of help must be answered by the authority maritime, who must contact the captain of the ship or vessel in order to investigate regard of the situation reported and take the measures necessary for protect the integrity of the scientific observer.

Article 105.- The information coming of the data collected by scientific observers will be public under the terms of Law No. 20,285. The information collected by scientific observers within the framework of the program of investigation, previously encoded the Names of ships and shipowners, will be public and may be requested by any research institution, academic or organization No governmental, for effects of his assessment and proposals for the plan to reduce bycatch and discarding. The information collected by the observers will be managed by the Undersecretariat and used exclusively for purposes scientists, of conservation and fisheries administration.

Article 106.- The Undersecretary of Fishing will be able entrust to a either more institutions the administration of the scientific observer system. For such effects, the Undersecretary will subscribe a agreement of administration and operation by which one or more institutions will be charged with the administration of the scientific observer system. The agreement will be approved by resolution and must be signed with legal entities, public either private, the that they must have by object social either turn the investigation in he ambit of the sciences of the sea and count with experience in the compilation and prosecution of data and information biological-fishery to board of ships and plants. He regulation will establish the requirements and obligations that must achieve the system administrator.

The regulations will establish a boarding coordination procedure, which must contemplate a minimum period of 10 days to inform the respective shipowners of the designation of scientific observers. The maritime authority will not grant sailing authorization to ships or vessels that, having been designated an observer, are not included in the crew on board. Shipowners must ensure that the captains or masters of their ships or vessels provide observers with extensive cooperation, so that they can carry out data collection tasks. For these purposes, they must be provided with an adequate space for collecting information and analyzing the samples, as well as a place enabled to process the capture data obtained. Compliance with the obligation of cooperation also includes providing adequate accommodation, food, communication and personal security facilities to scientific observers. Scientific observers must have a personal emergency location device that they will activate exclusively in the event of danger to their physical integrity. The distress call must be responded to by the maritime authority, who must contact the captain of the ship or vessel in order to investigate the reported situation and take the necessary measures to protect the integrity of the scientific observer.

The information from the data collected by scientific observers will be public under the terms of Law No. 20.285. The information collected by scientific observers within the framework of the research program, previously coded the names of ships and owners, will be public and may be requested by any research institution, academic or non-governmental organization, for the purposes of its evaluation and proposals to the reduction plan. of bycatch and discarding. The information collected by observers will be managed by the Undersecretariat and used exclusively for scientific, conservation and fisheries administration purposes.

The Undersecretary of Fisheries may entrust one or more institutions with the administration of the scientific observer system. For these purposes, the Undersecretariat will sign an administration and operation agreement by which it will entrust one or more institutions with the administration of the scientific observer system. The agreement will be approved by resolution and must be signed with legal entities, public or private, which must have research in the field of marine sciences as their corporate purpose or line of business and have experience in the collection and processing of biological-fishing data and information on board ships and in plants. The regulations will establish the requirements and obligations that the system administrator must comply with.

8. Industrial Fishing Shipowner: Person registered in the industrial registry, who undertakes an extractive or transformation fishing activity at their own risk, using one or more fishing vessels, regardless of their type, size, design, or specialty, which must be identified and registered as such in the registers managed by the maritime authority.
9. Small Industrial Fishing Shipowner: Person registered in the National Industrial Fishing Registry, who undertakes an extractive fishing activity using up to three vessels, each up to 22.5 meters in maximum length and up to 100 gross tonnage.
10. Artisanal fishing vessel or artisanal vessel: is one operated by an artisanal shipowner and registered in the Artisanal Fishing Registry, with a maximum length not exceeding 18 meters and 80 cubic meters of hold capacity, guaranteeing safety and that there is no increase in fishing effort.

The Service will maintain the register of shipowners and their vessels corresponding to the authorizations and permits. The Service will, upon request, register them and issue a certificate confirming the registration. Registration in the registry is an enabling formality for the exercise of the rights inherent to the authorizations or permits. To register fishing vessels, they must be registered in Chile and comply with the provisions of the Navigation Law.

The holder of an authorization or permit must inform the Service in writing, in the manner determined by regulation, of any changes to the information contained in the registry within thirty working days of the occurrence of the event. For the purposes of this law, the holder of an authorization or permit registered in the registry will always be responsible.

The persons interested in obtaining a fishing authorization shall submit the following information with their application: a) Identification of the person requesting the authorization, who must document their current ownership of the vessel for which they are requesting fishing authorization. If the person has a right over the ship, different from ownership, he or she must prove it in the same way and it must be valid in the future for at least six months; b) Identification of the hydrobiological species to be exploited and the fishing area in which it is intended to develop the extractive fishing activities; c) Identification and characteristics of the vessel to be used; and d) Specification of the fishing gear, system or equipment to be used. The request must be fully processed within a period of 90 calendar days, counted from its presentation. The Undersecretariat may reasonably extend this period up to 180 calendar days counted from the same date.

In order to register vessels with their respective owners and base in the artisanal registry, the following requirements shall be complied with: a) Prove the ownership of them by means of their registration as a fishing vessel, in the registries maintained by the maritime authority, in accordance with the laws and regulations. b) Accredit the main characteristics of the artisanal vessel, in accordance with the provisions of Article 2, No. 15, of this law. c) Prove that the owner, as appropriate, is registered as an artisanal fisherman. Vessels that qualify as artisanal, whose owners are non-profit institutions, intended for the training of artisanal fishermen, may be authorized to register in the artisanal registry, with the approval of the respective Zonal Fisheries Council, following a technical report from the Undersecretariat.

tasked to Alejandro who went silent - re-task

The persons interested in developing industrial fishing shall request, for each vessel, a fishing authorization from the Undersecretariat, which shall issue a decision by means of a founded resolution of the Undersecretary, after a technical report from the Service. An extract of the resolution, drawn up by the Undersecretariat, shall be published in the Official Gazette, at the expense of the interested party, within thirty days from the date of the respective resolution. The refusal of an application in accordance with the provisions of Article 19 shall be made by resolution of the Undersecretary. The fishing authorization shall enable the vessel to carry out extractive fishing activities on the species and areas indicated therein, for an indefinite period of time, in accordance with the regulations in force. The fishing authorizations granted by the Undersecretariat to a vessel shall all refer to the same person. The fishing authorization may not be alienated, leased or constitute in respect thereof other rights for the benefit of third parties under any title whatsoever, without prejudice to its transferability.

The persons interested in obtaining a fishing authorization shall submit the following information with their application: a) Identification of the person requesting the authorization, who must document their current ownership of the vessel for which they are requesting fishing authorization. If the person has a right over the ship, different from ownership, he or she must prove it in the same way and it must be valid in the future for at least six months; b) Identification of the hydrobiological species to be exploited and the fishing area in which it is intended to develop the extractive fishing activities; c) Identification and characteristics of the vessel to be used; and d) Specification of the fishing gear, system or equipment to be used. The request must be fully processed within a period of 90 calendar days, counted from its presentation. The Undersecretariat may reasonably extend this period up to 180 calendar days counted from the same date.

tasked to Alejandro who went silent - re-task

tasked to Alejandro who went silent - re-task

tasked to Alejandro who went silent - re-task

tasked to Alejandro who went silent - re-task

In order to register vessels with their respective owners and base in the artisanal registry, the following requirements shall be complied with: a) Prove the ownership of them by means of their registration as a fishing vessel, in the registries maintained by the maritime authority, in accordance with the laws and regulations. b) Accredit the main characteristics of the artisanal vessel, in accordance with the provisions of Article 2, No. 15, of this law. c) Prove that the owner, as appropriate, is registered as an artisanal fisherman. Vessels that qualify as artisanal, whose owners are non-profit institutions, intended for the training of artisanal fishermen, may be authorized to register in the artisanal registry, with the approval of the respective Zonal Fisheries Council, following a technical report from the Undersecretariat.

Registration in the artisanal registry may not be denied except for lack of compliance with the requirements established in the preceding articles, and must be made or denied with justification, within a period of 60 days counted from the time it is requested by the artisanal fisherman. In the absence of an express pronouncement within said term by the Service, the request shall be understood as accepted, and the Service shall immediately proceed to carry out the registration.

The persons interested in obtaining a fishing authorization shall submit the following information with their application: a) Identification of the person requesting the authorization, who must document their current ownership of the vessel for which they are requesting fishing authorization. If the person has a right over the ship, different from ownership, he or she must prove it in the same way and it must be valid in the future for at least six months; b) Identification of the hydrobiological species to be exploited and the fishing area in which it is intended to develop the extractive fishing activities; c) Identification and characteristics of the vessel to be used; and d) Specification of the fishing gear, system or equipment to be used. The request must be fully processed within a period of 90 calendar days, counted from its presentation. The Undersecretariat may reasonably extend this period up to 180 calendar days counted from the same date.

In order to register vessels with their respective owners and base in the artisanal registry, the following requirements shall be complied with: a) Prove the ownership of them by means of their registration as a fishing vessel, in the registries maintained by the maritime authority, in accordance with the laws and regulations. b) Accredit the main characteristics of the artisanal vessel, in accordance with the provisions of Article 2, No. 15, of this law. c) Prove that the owner, as appropriate, is registered as an artisanal fisherman. Vessels that qualify as artisanal, whose owners are non-profit institutions, intended for the training of artisanal fishermen, may be authorized to register in the artisanal registry, with the approval of the respective Zonal Fisheries Council, following a technical report from the Undersecretariat.

Owners of industrial fishing vessels; for artisanal vessels with a total length equal to or greater than 15 meters and transport vessels, as well as artisanal vessels with a total length equal to or greater than twelve meters and less than fifteen meters registered in pelagic fisheries with the purse seine gear registered in Chile, that carry out extractive fishing activities in national jurisdictional waters, must install and keep in operation an automatic positioning device at sea. In the case of benthic resource fisheries, the provisions of letter d) of Article 48 A shall apply. The same obligation must be fulfilled by the owners of vessels registered in Chile that operate in non-jurisdictional waters; the owners of vessels that, whether or not registered in Chile, conduct research fishing inside or outside jurisdictional waters; and the owners of factory vessels that operate in jurisdictional waters or on the high seas. Likewise, this obligation will be applicable to the owners of fishing vessels or factory vessels of foreign registry that are authorized to call at the ports of the Republic. The system must guarantee, at a minimum, the automatic transmission of the vessel's updated geographical position. The positioning device must always remain operational on board the vessel, from departure to arrival at an authorized port. The manner, requirements, and conditions of application of the requirement established in this article will be determined in the regulations, after consultation with the National Fisheries Council. Likewise, an automatic geographic positioner must be installed in cases where the competent judge sanctions a major fishing vessel as a repeat offender for acting illegally in an area reserved for artisanal fishermen or falls into the infractions indicated in Title IX of this law. The installation and maintenance of the automatic positioning and transmission device, as well as the transmission of the signal to the satellite and from it to the first receiving station, will be at the expense of the owner. Transmission from said station to the inspection stations will be at the expense of the State.