Decreto 430 | General Law on Fisheries and Aquaculture
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 14
Translated text:tasked to Alejandro who went silent - re-task
Article 15
Translated text: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.
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 17
Translated text:tasked to Alejandro who went silent - re-task
Article 18
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Article 19
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Article 20
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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.
Article 53
Translated text: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.
What qualifications does the law/regulation give for a vessel to qualify as a local 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.