Decreto 430 | General Law on Fisheries and Aquaculture
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Title VIII, Article 103
Translated text: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.
Title VIII, Article 104
Translated text: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.
Title VIII, Article 105
Translated text: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.
Title VIII, Article 106
Translated text: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.