Decreto 430 | General Law on Fisheries and Aquaculture
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 2
Translated text:- 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.
- 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.
- 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.
Article 41
Translated text: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.
Article 42
Translated text: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.
Does the law/regulation require information about the beneficial owner of the vessel?
Article 16
Translated text: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.
Article 52
Translated text: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.