Decree 1071 of 2015

For the effects of numeral 5 of article 54 of Law 13 of 1990, the following are considered illegal fishing methods, in addition to those provided therein:

1. with gear, nets, trawling apparatus, unauthorized instruments or of specifications that do not correspond to those permitted, or that being permitted, are used in places other than those where they are authorized.
2. With firearms.
3. Agitating the waters and stirring up the beds.
4. With autonomous diving equipment, in cases determined by AUNAP.

Holders of fishing permits, shipowners and captains shall be jointly liable for any financial penalties imposed for violations committed while using the fishing vessels under their charge.

ARTICLE 2.16.15.3.1. Imposition of sanctions. The infractions to the norms on the fishing activity in all its phases and modalities, shall give rise to the imposition of the sanctions foreseen in article 55 of Law 13 of 1990. (Decree 2256 of 1991, art. 162).

ARTICLE 2.16.15.3.2. Competence to impose sanctions. The AUNAP shall determine the corresponding sanction in each case and shall regulate the amount of the fines taking into account the amounts indicated in article 55 of Law 13 of 1990, and considering the seriousness of the infraction, the circumstances in which it was incurred and the type of fishing activity carried out by the offender. (Decree 2256 of 1991, art. 163).

ARTICLE 2.16.15.3.3.3. Requirements and recourse. The sanctions referred to in this Chapter shall be imposed by means of a reasoned resolution, after verifying the facts that gave rise to the infraction and after having heard the offender. An appeal for reconsideration may be filed against the resolution imposing a sanction under the terms established in the Code of Administrative Procedure and Administrative Disputes. (Decree 2256 of 1991, art. 164).

ARTICLE 2.16.15.3.4. Transfer to DIMAR. Once the decision imposing a fine sanction on the Captain of a vessel is final, it shall be transferred to the Directorate General of Maritime Affairs - DIMAR - so that this entity may impose the other sanctions provided for by law. (Decree 2256 of 1991, art. 165).

ARTICLE 2.16.15.3.5. Amounts. In the case of marine fishing, the fine sanction shall be set by the AUNAP within the following amounts:

1. Coastal fishing: up to the equivalent of 8,340.92 Tax Value Units -TVU.
2. Inshore fishing: up to the equivalent of 41,704.58 Unidades de Valor Tributario -UVT.
3. Deep-sea fishing: up to the equivalent of 83,409.17 Unidades de Valor Tributario -UVT (Tax Value Units). PARAGRAPH : For the calculation of the value of the amounts, the value of the Tax Value Unit-TVU in force for the year of its imposition shall be taken into account. (Modified by Art. 3 of Decree 1878 e 2021) (Decree 2256 of 1991, art. 166)

ARTICLE 2.16.15.3.6. Fines. Fines may be successive, when the offender is required to cease the actions that constitute an infringement or execute those necessary to repair his fault or return things to their previous state, when this is possible. (Decree 2256 of 1991, art. 167)

ARTICLE 2.16.15.3.7. Destination of fines. The amount of the fines for infraction to the norms on the fishing activity, will enter the patrimony of the AUNAP as own resources. (Decree 2256 of 1991, art. 168).

ARTICLE 2.16.15.3.8. Confiscation and revocation of permits. Without prejudice to the other sanctions that may be applicable, the infractions to the dispositions on fishing, shall entail the confiscation of the products and of the unauthorized instruments and equipment used to commit it, as well as the revocation of the permit in the cases indicated in the present Part. (Decree 2256 of 1991, art. 169)

ARTICLE 2.16.15.3.9. Retention of vessels. The National Navy shall retain the fishing vessels that are caught fishing without complying with the requirements established in Law 13 of 1990, in the present Part and in the other concordant or complementary norms. (Decree 2256 of 1991, art. 170)

ARTICLE 2.16.15.3.10. Report of the seizure and definitive resolution. In the case foreseen in article 2.16.15.3.9., the National Navy will send to the AUNAP through the respective Port Captaincy, the report of the seizure making available the products and elements seized preventively, the AUNAP will resolve in definitive, in the most expeditious form. (Decree 2256 of 1991, art. 171)

ARTICLE 2.16.15.3.11. Marine fishing infractions. Marine fishing infractions shall be investigated and sanctioned by the AUNAP, taking into account the preliminary proceedings carried out by the General Maritime Directorate and through the corresponding Port Captaincy. The latter, at the request of the AUNAP, shall refrain from granting the departure of the offending vessel, until the sanctions imposed by the latter are complied with. (Decree 2256 of 1991, art. 172)

ARTICLE 2.16.15.3.12. Policy. If the offender so requests, AUNAP may leave in its possession the products seized preventively, by means of the constitution of a bank or insurance company policy, for the market value of the products and for the term established by AUNAP. Once the seizure has been confirmed, the policy will only be effective if the offender refuses to return the products or to deliver their market value to AUNAP. (Decree2256 of 1991, art. 173).

ARTICLE 2.16.15.3.13. Seizure by the National Navy. When the seizure of fishery products is made at the initiative of the National Navy, the AUNAP may deliver part of the product to this entity when so requested. (Decree 2256 of 1991, art. 174).

ARTICLE 2.16.15.3.14. Causes for revocation. In addition to the infractions foreseen in this Title, the following duly proven conducts shall be grounds for revocation of the permits:

1. The transfer of the permit to third parties.
2. Covering the activities of third parties with the permit.
3. The performance of activities different from those permitted in the respective permit.
4. The use of unauthorized fishing gear and equipment.
5. Carrying out activities outside the authorized area, or with species or products not contemplated in the permit.
6. Failure to comply with the obligations contained in the permit.
7. Non-use of the permit for a period of one (1) year, except in cases of force majeure duly proven.
8. The omission of the inscription in the General Registry of Fishing and Aquaculture, of those acts that require this formality.
9. The destination of inputs and equipment imported with the exemption provided for in Article 67 of Law 13 of 1990, for purposes other than those determined by AUNAP in each case, without prejudice to other sanctions provided by law.
10. Others contained in the administrative act granting the permit. (Decree 2256 of 1991, art. 175).

ARTICLE 2.16.15.3.15. Inability to request new fishing permits. In the administrative act by which a permit is revoked, the term within which the sanctioned person may not obtain new fishing permits shall be established. (Decree 2256 of 1991, art. 176)

ARTICLE 2.16.15.3.16. Cancellation of vessel patents. In accordance with the provisions of article 2.16.5.3.11, of the present decree, once the fishing permit is revoked, the cancellation of the patents of the vessels of the respective permit holder shall be carried out. The AUNAP shall inform the DIMAR and the respective Port Captaincy of the decision adopted. (Decree 2256 of 1991, art. 177)

ARTICLE 2.16.15.3.17. Effects of the cancellation of the patent of a foreign flag vessel. Once the fishing patent of a foreign flag vessel has been cancelled, it may not be used again for fishing in Colombian jurisdictional waters, without prejudice to the provisions of article 55 of Law 13 of 1990.

Article 2.16.5.1.1.1. Subsistence fishing. Subsistence fishing is free throughout the national territory and, consequently, does not require a permit. In no case the different permits, patents or authorizations that are granted shall confer to their holders rights that prevent or hinder the exercise of subsistence fishing.

The Aunap may delimit areas in which only subsistence fishing may be exercised.

(Decree number 2256 of 1991, article 52). CHAPTER 2 Permits to exercise the fishing activity Article. 2.16.5.2.2.1. Application for fishing and aquaculture permits. All Colombian natural and juridical persons shall obtain a permit to carry out fishing and aquaculture activities by submitting an application containing the data and requirements established for each case by the AUNAP, or whoever takes its place.

If the applicant is a foreign natural person, he/she must prove that he/she is a resident in the country, except in the cases of research fishing and sport fishing indicated in this Part. If the applicant is a foreign legal entity, it may be granted the research fishing or sport fishing permit referred to in Articles 2.16.5.5.2.5.5.2. and 2.16.5.5.2.6.1. of this Decree, for which purpose it must prove its existence and legal representation and identify the natural persons that constitute the research or recreational team. Article. 2.16.5.2.2.2. Granting of permission. In accordance with the provisions of Article 17 of Decree 4181 of 2011, the AUNAP shall grant permits to carry out fishing and aquaculture activities. Article 2.16.5.2.2.3. Non-transferable nature of the permits. The permits referred to in this chapter are non-transferable. The transfer to any title of vessels, equipment, establishments or installations, does not imply the transfer of the permit held by the person who transfers.

(Decree number 2256 of 1991, article 55) Article 2.16.5.2.2.4. Revision of permits. The permits whose duration is longer than one (1) year, shall be reviewed annually by Aunap to verify the fulfillment of the obligations of the holder, especially those related to the presentation of reports, to fix the fishing quota and the value of the fees and rights that the holder of the permit must pay for the corresponding period.

(Decree number 2256 of 1991, article 56) Article 2.16.5.2.2.5. Content of the administrative act that grants a permit. The administrative act granting a permit shall determine, at least:

1. The identification of the holder of the permit.

2. The area of operations.

3. The fishing quota for the corresponding period.

4. The minimum percentage of the quota to be destined for domestic consumption.

5. The obligations on how the resource is to be exploited.

6. The term of the permit.

7. The grounds for revocation and penalties for non-compliance.

8. The requirements for the extension, when applicable.

9. The value of the rates and fees and the form of payment, for each period.

10. The rest that for each class of permit in particular, establishes the present decree.

(Decree number 2256 of 1991, article 57).

Article 2.16.5.2.6. Conditioning of the validity of the quotas authorized in the permits. In any case, the validity of the quotas authorized in the permits is conditioned to the availability of the fishing resources, in such a way that they may be modified when variations in the biological-fishing conditions that gave rise to their issuance occur. Likewise, they may be suspended, after study of the available information when there are reasons that warrant it.

(Decree number 2256 of 1991, article 58).

Article. Declaration of overexploitation of a fishing resource. In order to comply with the provisions of Article 5 of Decree Law 4181 of 2011, when the AUNAP, based on its research and taking into account the best scientific evidence and reliable information and statistical data held by other public and private entities linked to the fishing activity, considers that a fishery resource is overexploited, it may declare it by means of a duly motivated administrative act. In order not to exceed the maximum sustainable yield, in the same administrative act, the AUNAP may adopt, in order, the following measures: Proportionally decrease the fishing quotas assigned to the different permit holders that exploit the resource with national or foreign flag vessels. If this is the case, the corresponding fishing licenses shall be suspended. Decrease proportionally the other fishing quotas assigned for industrial fishing, if overexploitation persists. If this is the case, the fishing patents of industrial vessels of national or foreign flag shall be suspended. However, the AUNAP may at any time propose the closure of space and time, in accordance with the provisions of article 2.16.8.2. of this decree. Paragraph. For artisanal and subsistence fishing, AUNAP by means of an administrative act may implement the management measures deemed pertinent. Article 2.16.5.2.2.8. Permit for vessels larger than three (3) tons. When the holder of a fishing permit requires the use of vessels larger than three (3) tons of net registration, these shall be covered by the corresponding fishing patent, according to the provisions of this Part.

(Decree number 2256 of 1991, article 60) Article. 2.16.5.2.9. Classes of permits. The following are permits for the exercise of fishing and aquaculture:

1. Fishing permit, which may be:
2. 1. Commercial artisanal, 1.2. Commercial industrial, 1.3. Commercial exploratory, 1.4. Commercial ornamental, 1.5. Research, 1.6. Sport fishing
3. Processing permit.
4. Marketing permit.
5. Integrated fishing permit.
6. Cultivation permit. SECTION 1 Artisanal commercial fishing permit Article 2.16.5.2.2.1.1. Small-scale commercial fishing permit. To obtain an artisanal commercial fishing permit, natural persons, artisanal fishing companies and artisanal fishermen associations shall submit an application with the requirements established by AUNAP. The AUNAP may offer technical advice to these persons and organizations to facilitate compliance with the requirements. This permit does not generate a fee. Article 2.16.5.2.2.1.2. Characteristics of the commercial artisanal fishing permit. In the case of cooperatives, companies and associations of artisanal fishermen, the Aunap shall grant the artisanal commercial fishing permit for up to five (5) years, by means of an administrative act that shall contain, in addition to the provisions of article 2.16.5.5.2.5. of this decree, the following: Identification of the affiliates. Obligation to register the members of the respective organization. Obligation to exercise control so that artisanal fishing is carried out only by the associates holding the respective card. Determination of the phases of the fishing activity authorized to be carried out. Obligation to submit periodic reports on its fishing activity in the form and with the content established by the Aunap, by means of an administrative act. The commercial artisanal fishing permit for natural persons shall be granted through the issuance of a card that identifies the fisherman and shall contain the information that the Aunap considers necessary. The term of duration of this permit may be up to five (5) years.

The commercialization of fishery products shall be covered by the same commercial artisanal fishing permit.

(Decree number 2256 of 1991, article 63)

Article 2.16.5.5.2.1.3. Reservation of areas for the exclusive exercise of artisanal commercial fishing. The Aunap, in accordance with the provisions of numeral 3 of article 51 of Law 13 of 1990, may reserve areas for the exclusive exercise of artisanal commercial fishing, when the beneficiary fishermen demonstrate their capacity to effectively take advantage of the fishing resources existing in said areas, in a rational manner.

In the aforementioned areas, no fishing permits other than commercial artisanal fishing may be granted and its exercise will be sanctioned as illegal fishing.

Aunap may lift the reserve when it finds that the beneficiary fishermen do not effectively exploit the fishing resources of the area.

(Decree number 2256 of 1991, article 64)

Article 2.16.5.2.2.1.4. Delimitation of the area. The delimitation of an area for artisanal commercial fishing does not mean that the artisanal fishermen of the region must restrict their activities only to that area.

(Decree number 2256 of 1991, article 65) Article. 2.16.5.2.2.1.5. Exploitation of fishing resources. The exploitation of the fishing resources existing in the lagoons, marshes, meanders and reservoirs shall be carried out, preferably, by artisanal fishermen who have the Artisanal Fishing permit granted by the AUNAP, whether they are legally organized, or carry out their activity independently. SECTION 2 Industrial commercial fishing permit Article. 2.16.5.2.2.2.1. Industrial commercial fishing. Industrial commercial fishing in jurisdictional waters may only be carried out with Colombian flag vessels, or foreign flag vessels when they have been contracted by Colombian fishing companies that unload their production in Colombian ports in the percentages indicated by the AUNAP.

Article 2.16.5.2.2.2.2. Permit. In order to obtain the industrial commercial fishing permit, the petitioner must accompany his application with the plan of activities in the terms and with the requirements established by the Aunap.

(Decree number 2256 of 1991, article 68).

Article. 2.16.5.2.2.2.3. Term of the permit. The AUNAP shall grant the industrial commercial fishing permit for a term of up to five (5) years by means of an administrative act that shall contain, in addition to the provisions of article 2.16.5.2.2.5. of this decree, the following: The obligation to land the product of the fishery in a Colombian port before its commercialization in the percentage determined by the AUNAP. The number, characteristics and net registered tonnage of the authorized vessels.
The obligation to submit periodic reports in the form established by the AUNAP.
The guarantee to be constituted when fishing for tuna and tuna-like species with foreign flag vessels, according to the characteristics determined by the AUNAP.
The obligation to adopt the necessary measures to avoid the capture of dolphins, turtles, sharks, rays and chimaeras during fishing operations.
Other obligations established by AUNAP in accordance with international treaties. The commercialization of the products will be covered by the same permit. Article 2.16.5.2.2.2.4. Coverage of the permit. The industrial commercial fishing permit shall be valid to operate in the waters of a single ocean and in the zones authorized therein. Aunap, however, for reasons of fishing season, or for highly migratory species, may cover, with the same permit, fishing in both oceans when so requested by the interested party. In this case, the fishing quota corresponding to each ocean shall be specified. Likewise, the holder of the permit must inform the Aunap about the change, prior to its realization.

(Decree number 2256 of 1991, article 70). SECTION 3 Commercial exploratory fishing permit Article 2.16.5.2.2.3.1. Purpose of Commercial Exploratory Fishing. Commercial exploratory fishing is that which has as its object the capture of species whose potential for commercial exploitation is unknown or the use of new fishing gear or methods to carry out commercial fishing, with national or foreign flag vessels.

(Decree number 2256 of 1991, article 71) Article 2.16.5.2.2.3.2. Requirements. The Aunap shall establish the requirements that must be complied with to request a permit for exploratory commercial fishing and the content of the plan of activities that must accompany the request.

(Decree number 2256 of 1991, article 72). Article 2.16.5.2.3.3.3. Commercial exploratory fishing permit. The Aunap may grant the commercial exploratory fishing permit for up to one (1) year by means of an administrative act that, in addition to the provisions of article 2.16.5.5.2.5. of this decree, shall contain; the species to be evaluated, maximum extraction or capture limit, requirement and terms of the final report, guarantee of compliance with the obligations of the permit holder and the obligation to carry on board a representative of the Aunap. In special cases, technically justified, the permit may be extended only once for up to one (1) year.

(Decree number 2256 of 1991, article 73). SECTION 4 Commercial ornamental fishing permit Article 2.16.5.2.2.4.1. Commercial ornamental fishing. Commercial ornamental fishing is that which has as its objective the extraction of aquatic organisms whose specimens may be kept alive in aquariums, ponds or wells, as simple ornamentation.

Species that traditionally serve as food for direct human consumption cannot be used as ornamentals, except those that are the product of reproduction, natural or induced, in controlled environments. Aunap will establish the procedure for the permit holder to demonstrate the origin of these species.

(Decree number 2256 of 1991, article 74)

Article 2.16.5.2.2.4.2. Restrictions. The extraction of ornamental species may only be carried out by obtaining an artisanal commercial fishing permit in the form foreseen in articles 2.16.5.5.2.1.1. and following of the present decree. This permit entitles its holder to freely commercialize the products subject to the provisions of this decree.

(Decree number 2256 of 1991, article 75) Article 2.16.5.2.4.3. Ornamental Commercialization Permit. To commercialize ornamental aquatic organisms, the interested party shall request and obtain the commercialization permit provided for in Section 8 of this Chapter. With the application, the interested party must present the plan of activities and prove that it has adequate facilities, according to the specifications determined by the Aunap.

For the exploitation of these products the authorization foreseen in numeral 6 of article 47 of Law 13 of 1990 is required.

(Decree number 2256 of 1991, article 76). SECTION 5 Research fishing permit Article. 2.16.5.5.2.5.1. Permit. Any natural or juridical person, national or foreign, is entitled to research fishing or aquaculture, in accordance with the provisions of articles 2.16.3.1.3. and 2.16.3.1.4. of this decree and after obtaining the corresponding permit granted by the AUNAP. It may also be exercised through association with the AUNAP, according to the provisions of article 2.16.5.4.1. of this decree. In order to obtain a fishing or aquaculture research permit, the petitioner shall attach to his application the corresponding research plan, under the terms and with the requirements established by AUNAP through an administrative act. Article 2.16.5.2.2.5.2. Contents of the permit. The research fishing permit shall be granted for a term of up to five (5) years, by means of an administrative act that, in addition to the provisions of Article 2.16.5.2.5. of this decree, shall include the following: The extraction or collection system. The designation of the Colombian counterpart with the qualities and responsibilities established by the Aunap, in the case of foreign applicants. The obligation of the permit holder to periodically provide to Aunap the information collected, duly interpreted, and the final report of the investigation. The conditions of the authorization, if it is the case, to allow the exit of the country of the specimens or products obtained during the research and the prohibition to export single specimens. The guarantee to ensure the non-compliance of the obligations of the permit holder, when the Aunap considers it convenient. The area in which the study is to be carried out. The granting of a fishing license for the authorized vessels. The obligation to celebrate a contract with the Aunap, in the case of foreigners, in order to guarantee the adequate fulfillment of the corresponding research plan. The rest that Aunap considers necessary.

(Decree number 2256 of 1991, article 78)

Article 2.16.5.5.2.5.3. Surplus of the products. The surplus of the products that are obtained from the research fishing, will be delivered to the Aunap, to be placed in the internal market or to be donated to public charities, in agreement with the foreseen in article 2.16.3.4.7. of the present decree. Aunap shall decide, in each case, the convenience of receiving such surplus.

(Decree number 2256 of 1991, article 79). SECTION 6 Sport fishing permit Article. 2.16.5.2.6.1. Permit. To obtain a sport fishing permit, the interested party shall submit an application to AUNAP, with the requirements established by it. The permit shall be granted for up to five (5) years through the issuance of a card that identifies its holder. This card will be personal and non-transferable and its validity will be established in it. Article. 2.16.5.2.2.6.2. Authorizations in sport fishing. The AUNAP by administrative act shall authorize the contests, areas, species, boats, seasons, systems, quantities and other aspects related to the sport fishing activity. Article. Registration for exhibition and similar activities with fishing resources. Fishing clubs, commercial establishments, theme parks, zoos or similar organizations and associations that carry out exhibition or similar activities with fishing resources, must register before the AUNAP, prior compliance with the requirements established by the entity. SECTION 7 Processing permit Article 2.16.5.2.2.7.1. Permit. To obtain a permit for the processing of fishery resources, the interested party shall submit an application, accompanied by the plan of activities, under the terms and with the requirements established by the Aunap.

(Decree number 2256 of 1991, article 83).

Article 2.16.5.2.2.7.2. Contents of the permit. The processing permit shall be granted by the Aunap, by means of an administrative act which, in addition to the provisions of article 2.16.5.5.2.5. of this decree, shall contain the following: Location and characteristics of the facilities and equipment. Volumes and processing systems. Quality control systems. Obligation to submit periodic reports on the development of the authorized activities. Term of the permit, which shall be fixed taking into account the nature and duration of the fishing activity. (Decree number 2256 of 1991, article 84). SECTION 8 Marketing permit Article 2.16.5.2.8.8.1. Application. In order to obtain a commercialization permit, the interested party shall submit an application, accompanied by the plan of activities, under the terms and with the requirements established by the Aunap.

(Decree number 2256 of 1991, article 85). Article 2.16.5.2.2.8.2. Permit. The commercialization permit is granted by Aunap for a term of up to five (5) years, by means of an administrative act that, in addition to the provisions of article 2.16.5.5.2.5. of this decree, shall specify the specimens, their origin and final destination.

(Decree number 2256 of 1991, art. 86)

Article 2.16.5.5.2.8.3. Authorization. The different commercial fishing permits, processing and integrated, authorize their holders to commercialize only the fishing resources proper to their activity.

(Decree number 2256 of 1991, article 87). SECTION 9 Integrated fishing permit Article 2.16.5.2.2.9.1. Definition. An integrated fishing activity shall be considered as that which has as its main purpose the extraction and processing of fishery resources for commercial purposes.

(Decree number 2256 of 1991, article 88). Article 2.16.5.2.2.9.2. Permit. The integrated fishing permit shall be granted for up to five (5) years by means of an administrative act that shall contain, at least, the provisions for the industrial or artisanal commercial fishing permits, as the case may be, and for the processing permit.

(Decree number 2256 of 1991, article 89). Article 2.16.5.2.2.9.3. Preferential treatment. The natural or juridical persons that develop integrated fishing activities, shall enjoy preferential treatment in the adjudication of fishing quotas.

(Decree number 2256 of 1991, article 90). SECTION 10 Cultivation permit Article 2.16.5.2.10.1. Permit. To carry out commercial aquaculture, a permit is required. To obtain it, the interested party shall submit an application to Aunap with the requirements indicated by it.

Aunap will establish the procedure to authorize the realization of experimental or scientific aquaculture activities.

(Decree number 2256 of 1991, article 91) Article. Content of the culture permit. The AUNAP shall grant the permit referred to in Article 2.16.5.2.10.1, for up to ten (10) years, by means of an administrative act, which shall contain the following: Identification of the permit holder. Place where the authorized activity will be carried out and the projected area. Name of the water source, stream or reservoir that will support the crop and identification of the permit or concession for its use, when it is of public use, when required. Species or species whose cultivation is authorized and estimated volumes of production. Authorized activities, such as: embryonage, raising, fattening, reproduction, processing and commercialization. Authorization to obtain the parental stock from the natural environment, when so requested. Term of the permit. Grounds for revocation and penalties for non-compliance. Destination of the production. Requirements for extension. Obligation to submit periodic reports in the form established by AUNAP. Article 2.16.5.2.10.3. Permits to practice aquaculture. For the exercise of aquaculture the holder of the permit shall request from the competent entities the rights of use of land, waters, coasts, beaches or river beds or seabed that are necessary for the development of the activity.

(Decree number 2256 of 1991, article 93). CHAPTER 3 Patent of fishing and of the fishing boats Article 2.16.5.3.3.1. Fishing patent. In order to carry out fishing operations, all vessels greater than three (3) tons of net registration must be covered by the corresponding fishing patent that shall be issued only to the holders of a fishing permit in force and to those associated with the Aunap. Vessels smaller than three (3) tons of net registration do not require a patent, but must be registered before the Aunap.

(Decree number 2256 of 1991, article 94) Article 2.16.5.3.3.2. Fishing that may be exercised in fresh water streams. In freshwater streams, fishing may only be exercised with vessels up to ten (10) tons net registration. However, the Aunap may indicate those freshwater streams in which fishing may be carried out with vessels larger than this tonnage. In no case may lake fishing be carried out with this type of vessels.

(Decree number 2256 of 1991, article 95) Article 2.16.5.3.3.3. Hiring of foreign flag vessels. The national fishing companies may contract foreign flag vessels, in accordance with the provisions of Article 159 of Decree-Law 2324 of 1984.

(Decree number 2256 of 1991, article 96). Article. Fishing patent in the administrative act that grants the permit. In the cases of sport fishing, if applicable, and research fishing, the fishing patent shall be granted in the same administrative act that grants the respective permit. Article. 2.16.5.3.5. Contents of the fishing patent. The AUNAP shall issue the fishing patent by means of a certificate whose original shall remain on board the vessel with the following information: Name of the permit holder and of the vessel, with its characteristics. Area for which it is authorized. Species authorized. Fishing gear to be used. Term of the patent. Applicable fees. Number of the registration and of the navigation patent, in force when applicable. Obligation to submit quarterly reports on fishing trips, operations, catches made and other aspects established by AUNAP. Article 2.16.5.3.6. Validity of the patent. The fishing patent shall be valid for up to one (1) year and its granting and renewal shall be conditioned to the validity of the fishing permit and the payment of the corresponding fees. In addition, its renewal shall be subject to the fulfillment of the obligations related to the presentation of the periodic reports required in the patent and to the fixing of the fishing quota for the respective period.

(Decree number 2256 of 1991, article 99). Article 2.16.5.3.7. Restrictions of the patent. In accordance with the provisions of article 2.16.5.5.2.2.2.4. of the present decree, the patent for marine fishing shall be valid to operate in the waters of a single ocean and in the zones authorized therein. However, for reasons of fishing season, or for the capture of highly migratory species, the Aunap may issue a patent to operate in both oceans when so requested by the interested party.

(Decree number 2256 of 1991, article 100). Article 2.16.5.3.8. Renewal of fishing fleet. When the holders of fishing permits decide to renew their fishing fleet by replacing one or more vessels of Colombian flag or of foreign flag they shall take into account: That the vessel to be replaced has a valid fishing patent. That the new vessel is of similar characteristics to the one to be replaced.

That the new vessel is of Colombian flag if the one to be replaced is of national flag. That the holder of the permit complies with the payment of the difference of rights, if it is presented. The provisions of article 159 of Decree-Law 2324 of 1984. (Decree number 2256 of 1991, article 101). Article 2.16.5.3.9. Loss of vessel. When a vessel is lost by accident, the Aunap shall grant a prudential term for its replacement, after which, if it is not replaced, the licensee shall lose the corresponding patent.

(Decree number 2256 of 1991, article 102). Article 2.16.5.3.10. Joint and several liability. The holders of fishing permits, the owner-owners, and the captains shall be jointly and severally liable for the economic sanctions imposed for infractions in which they have incurred using the fishing vessels in their charge.

(Decree number 2256 of 1991, article 103) Article 2.16.5.3.11. Cancellation or suspension of the quota and of the fishing patent. The revocation, termination or suspension of the fishing permit shall result in the cancellation or suspension of the quota and of the fishing patent. Once a fishing patent is cancelled or temporarily suspended, the Aunap shall inform the Dimar and the respective Port Captaincy, so that no new fishing trips may be granted.

(Decree number 2256 of 1991, article 104) CHAPTER 4 Association Article 2.16.5.4.4.1. Temporary association. In compliance with the provisions of numeral 4 of article 47 of Law 13 of 1990, the Aunap, prior authorization of the Ministry of Agriculture and Rural Development, may temporarily associate with national or foreign persons to carry out joint fishing operations, by means of the celebration of commercial contracts in the terms and conditions that are stipulated by mutual agreement, taking into account the following criteria.

1. The object of the association may be: High risk investment; Operation of high social content; Capture of species whose potential for commercial exploitation is unknown, or to engage in commercial fishing with new fishing gear or methods; To carry out activities of reproduction and cultivation of bio-aquatic species for experimental purposes for the development of aquaculture; Joint operation of fishing in which Aunap has an investigative interest or of promotion and stimulus for the development of fishing.

2. The value of the rates and fees payable by the associate shall be the same as those payable by the permit holders. However, exceptionally, it may be stipulated that such value be compensated with contributions in research, training, fishing infrastructure and supply of products for the national market.

3. The term of the contract shall be stipulated taking into account the nature and purpose of the joint fishing operation, but may not exceed five (5) years.

4. The administration of the agreed operation shall be governed, for all purposes, by the rules and principles of private commercial activity.

5. The distribution of the benefits or losses resulting from the operation, shall be carried out in an equitable manner before Aunap and the associate, according to the percentages stipulated in the respective contract.

6. In the case of foreigners, the obligation shall be imposed to appoint a permanent representative or attorney-in-fact residing in the country, with whom the pertinent procedures shall be carried out.

7. The associate shall constitute the guarantees in the terms, value and term indicated by Aunap. The guarantee may be agreed in kind.

(Decree number 2256 of 1991, article 105). CHAPTER 5 Concession Article 2.16.5.5.5.1. Granting. The Aunap may grant concessions to the legally organized artisanal fishermen for the commercial exploitation, in continental waters, of the fishing resources existing in a determined area, when for reasons of social interest it is justified.

(Decree number 2256 of 1991, article 106) Article 2.16.5.5.5.2. Term. The term of a concession may not exceed twenty (20) years and may be renewed, prior evaluation by Aunap.

(Decree number 2256 of 1991, article 107).

Article 2.16.5.5.5.3. Content of the concession. The concession shall be granted by means of an administrative contract, the clauses of which shall stipulate, at least, the following aspects:

1. The delimitation of the area of the concession.

2. The rates and fees to be paid by the concessionaire.

3. The detailed description of the property or resource to which the concession relates.

4. The obligations of the concessionaire.

5. The penalties for the case of non-compliance.

6. The term of duration.

7. Provisions relating to the restitution of the resource at the end of the concession.

8. The causes for the expiration of the concession.

9. The obligation to submit periodic reports, under the terms established by Aunap.

(Decree number 2256 of 1991, article 108). Article 2.16.5.5.5.4. Causes for expiration. In addition to those contemplated in the legislation in force, the following shall be causes for expiration:

1. The assignment of the rights derived from the concession made to third parties without the authorization of the Aunap.

2. The destination of the concession for a use different from that indicated in the contract.

3. The non-compliance of the concessionaire with the agreed conditions.

4. Non-use of the concession for one year.

5. The progressive diminution or exhaustion of the resource.

6. Others expressly set forth in the respective contract.

(Decree number 2256 of 1991, article 109). Article 2.16.5.5.5.5. Use of the concession. The use of the concession shall be made in such a way that it does not interrupt the free course of the waters, does not impede navigation or other duly authorized uses.

(Decree number 2256 of 1991, article 110). CHAPTER 6 Authorization Article 2.16.5.6.6.1. Authorization. When it is about the import or export of resources or fishing products, the holders of rights to exercise the fishing activity, shall obtain the authorization foreseen in numeral 6 of article 47 of Law 13 of 1990, which shall be granted in accordance with the provisions of article 2.16.3.4.4.4. of the present decree.

(Decree number 2256 of 1991, article 111).

Article 2.16.15.3.1. Imposition of sanctions. The infractions to the norms on the fishing activity in all its phases and modalities, shall give rise to the imposition of the sanctions foreseen in article 55 of Law 13 of 1990.

(Decree number 2256 of 1991, article 162) Article 2.16.15.3.2. Sanctioning competence. The Aunap shall determine the corresponding sanction in each case and shall regulate the amount of the fines taking into account the amounts indicated in article 55 of Law 13 of 1990, and considering the seriousness of the infraction, the circumstances in which it was incurred and the type of fishing activity that the offender executes for the effect.

(Decree number 2256 of 1991, Article 163)

Article 2.16.15.3.3.3. Requirements and recourse. The sanctions referred to in this Chapter shall be imposed by means of a reasoned resolution, after verifying the facts that gave rise to the infraction and after having heard the offender.

An appeal for reconsideration may be filed against the resolution imposing a sanction under the terms established in the Code of Administrative Procedure and Administrative Disputes.

(Decree number 2256 of 1991, article 164).

Article 2.16.15.3.4. Transfer to the Dimar. Once the decision imposing a fine sanction on the Captain of a vessel is final, it shall be transferred to the Directorate General of Maritime Affairs (Dimar) so that this entity may impose the other sanctions provided by law.

(Decree number 2256 of 1991, article 165) Article 2.16.15.3.5. Amounts. In the case of marine fishing, the fine sanction shall be fixed by the AUNAP within the following amounts: Coastal fishing: up to the equivalent of 8,340.92 Tax Value Units -TVU. Inshore fishing: up to the equivalent of 41,704.58 Tax Value Units - TVU. Deep-sea fishing: up to the equivalent of 83,4091.17 Tax Value Units - TVU. Paragraph: For the calculation of the value of the amounts, the value of the Tax Value Unit-TVU in force for the year of its imposition shall be taken into account. Article 2.16.15.3.6. Fines. Fines may be successive, when the offender is required to cease the actions that constitute an infringement or to execute those necessary to repair his fault or return things to their previous state, when this is possible.

(Decree number 2256 of 1991, article 167) Article 2.16.15.3.7. Destination of the fines. The amount of the fines for infraction to the norms on the fishing activity, will enter to the patrimony of the Aunap as own resources.

(Decree number 2256 of 1991, article 168). Article 2.16.15.3.8. Confiscation and revocation of permits. Without prejudice to the other sanctions that may be applicable, the infractions to the dispositions on fishing, shall entail the seizure of the products and the unauthorized instruments and equipment used to commit it, as well as the revocation of the permit in the cases indicated in the present Part.

(Decree number 2256 of 1991, article 169) Article 2.16.15.3.9. Retention of vessels. The National Navy shall retain the fishing vessels that are caught fishing without complying with the requirements established in Law 13 of 1990, in the present Part and in the other concordant or complementary norms.

(Decree number 2256 of 1991, Article 170) Article 2.16.15.3.10. Report of the seizure and definitive resolution. In the case foreseen in article 2.16.15.3.9., the National Navy will send to the Aunap through the respective Port Captaincy, the report of the seizure putting to its disposition the products and elements seized preventively, the Aunap will solve in definitive, in the most expeditious form.

(Decree number 2256 of 1991, article 171) Article 2.16.15.3.11. Marine fishing infractions. The infractions to the marine fishing, will be investigated and sanctioned by the Aunap, taking into account the preliminary diligences that advance the General Maritime Directorate and through the corresponding Port Captaincy. The latter, at the request of the Aunap, shall refrain from granting the departure for the offending vessel, until the sanctions imposed by it are complied with.

(Decree number 2256 of 1991, article 172) Article 2.16.15.3.12. Policy. If the offender so requests, Aunap may leave in its possession the products seized preventively, by means of the constitution of a bank or insurance company policy, for the market value of the products and for the term established by Aunap. Once the seizure is confirmed, the policy will only be effective if the offender refuses to return the products or to deliver their commercial value to Aunap.

(Decree number 2256 of 1991, article 173) Article 2.16.15.3.13. Seizure by the National Navy. When the seizure of fishery products is practiced by initiative of the National Navy, the Aunap will be able to deliver to this entity part of that product when so requested.

(Decree number 2256 of 1991, article 174) Article 2.16.15.3.14. Causes for revocation. In addition to the infractions foreseen in this Title, the following duly proven conducts shall be grounds for revocation of the permits:

1. The transfer of the permit to third parties.

2. Covering the activities of third parties with the permit.

3. The performance of activities different from those permitted in the respective permit.

4. The use of unauthorized fishing gear and equipment.

5. The carrying out of activities outside the authorized area, or with species or products not contemplated in the permit. contemplated in the permit.

6. Failure to comply with the obligations contained in the permit.

7. Non-use of the permit for a period of one (1) year, except in cases of force majeure duly proven.

8. The omission of the inscription in the General Registry of Fishing and Aquaculture, of those acts that require this formality.

9. The destination of inputs and equipment imported with the exemption provided for in Article 67 of Law 13 of 1990, for purposes other than those determined by Aunap in each case, without prejudice to the other penalties provided by law.

10. Others contained in the administrative act granting the permit.

(Decree number 2256 of 1991, article 175). Article 2.16.15.3.15. Inability to request new fishing permits. In the administrative act with which a permit is revoked, the term within which the sanctioned person will not be able to obtain new fishing permits shall be established.

(Decree number 2256 of 1991, article 176) Article 2.16.15.3.16. Cancellation of patents of vessels. In accordance with the provisions of article 2.16.5.3.11. of the present decree, once the fishing permit has been revoked, the cancellation of the patents of the vessels of the respective permit holder shall proceed. The Aunap shall inform the Dimar and the respective Port Captaincy of the decision adopted.

(Decree number 2256 of 1991, article 177)

Article 2.16.15.3.17. Effects of the cancellation of the patent of a foreign flag vessel. Once the fishing patent of a foreign flag vessel has been cancelled, it may not be used again for fishing in Colombian jurisdictional waters, without prejudice to the provisions of Article 55 of Law 13 of 1990.

(Decree number 2256 of 1991, article 178).