Law 13 of 1990
Fishing Offenses & Infractions
Does this country's legislation require compliance with "international conservation and management measures" adopted by an RFMO in which it is a member?
Article 54
Translated text:It is forbidden: To carry out fishing activities without a permit, patent, authorization or concession, or in contravention of the provisions that regulate them, is prohibited.
Obstructing, impeding or unjustifiably disturbing the exercise of legally authorized fishing.
Extracting resources declared closed or from reserved areas.
Drain, block, divert the course or lower the level of rivers, lagoons, estuaries, swamps, marshes, canals or any other body of water, without permission from the competent authority. Fishing with illicit methods such as the use of toxic materials, explosives and others whose nature entails danger to human life or fishery resources, as well as carrying such materials on board.
Abandoning on the beaches and shores or throwing into the water waste, polluting substances or other objects that constitute a danger to navigation, circulation or life.
Carrying on board or using fishing gear or systems other than those permitted.
Use fishing vessels for unauthorized purposes, except in circumstances of force majeure or fortuitous event.
Selling or transshipping part or all of the catch to unauthorized vessels. The sale of the product of the catch shall be made in a Colombian port.
Transfer, under any circumstance, the rights derived from the permit, authorization, concession or patent granted by INPA.
Providing INPA with incorrect or incomplete information or denying access to documents required by INPA.
Other conducts indicated in the regulations issued by the National Government for that purpose in the development of this Law.
Labor Rules, Offenses, & Infractions
Does the law/regulation require foreign vessels to employ national labor?
Article 61
Translated text:Of the entire crew of foreign flag fishing vessels authorized to carry out their activity in Colombia, no less than twenty percent (20%) will be Colombian.
Transshipment
Does the law/regulation provide for transshipment?
Article 54
Translated text:It is forbidden: To carry out fishing activities without a permit, patent, authorization or concession, or in contravention of the provisions that regulate them, is prohibited.
Obstructing, impeding or unjustifiably disturbing the exercise of legally authorized fishing.
Extracting resources declared closed or from reserved areas.
Drain, block, divert the course or lower the level of rivers, lagoons, estuaries, swamps, marshes, canals or any other body of water, without permission from the competent authority. Fishing with illicit methods such as the use of toxic materials, explosives and others whose nature entails danger to human life or fishery resources, as well as carrying such materials on board.
Abandoning on the beaches and shores or throwing into the water waste, polluting substances or other objects that constitute a danger to navigation, circulation or life.
Carrying on board or using fishing gear or systems other than those permitted.
Use fishing vessels for unauthorized purposes, except in circumstances of force majeure or fortuitous event.
Selling or transshipping part or all of the catch to unauthorized vessels. The sale of the product of the catch shall be made in a Colombian port.
Transfer, under any circumstance, the rights derived from the permit, authorization, concession or patent granted by INPA.
Providing INPA with incorrect or incomplete information or denying access to documents required by INPA.
Other conducts indicated in the regulations issued by the National Government for that purpose in the development of this Law.
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 47
Translated text:The right to engage in fishing activities can be obtained:
- By law: For subsistence fishing, defined as fishing conducted without profit to provide food for the fisherman and their family. Subsistence fishing is permitted throughout the national territory.
- By permit: For activities involving the research, extraction, cultivation, processing, and commercialization of fishery resources.
- By patent: For the use of vessels in fishing activities.
- By association: When AUNAP partners through commercial contracts with natural or legal persons, whether national or foreign, to conduct joint operations specific to fishing activities.
- By concession: For cases of artisanal fishing and aquaculture as specified by regulations issued by the National Government under this Law.
- By authorization: For the import or export of fishery resources and products, in accordance with national foreign trade policy.
Article 54
Translated text:It is forbidden: To carry out fishing activities without a permit, patent, authorization or concession, or in contravention of the provisions that regulate them, is prohibited.
Obstructing, impeding or unjustifiably disturbing the exercise of legally authorized fishing.
Extracting resources declared closed or from reserved areas.
Drain, block, divert the course or lower the level of rivers, lagoons, estuaries, swamps, marshes, canals or any other body of water, without permission from the competent authority. Fishing with illicit methods such as the use of toxic materials, explosives and others whose nature entails danger to human life or fishery resources, as well as carrying such materials on board.
Abandoning on the beaches and shores or throwing into the water waste, polluting substances or other objects that constitute a danger to navigation, circulation or life.
Carrying on board or using fishing gear or systems other than those permitted.
Use fishing vessels for unauthorized purposes, except in circumstances of force majeure or fortuitous event.
Selling or transshipping part or all of the catch to unauthorized vessels. The sale of the product of the catch shall be made in a Colombian port.
Transfer, under any circumstance, the rights derived from the permit, authorization, concession or patent granted by INPA.
Providing INPA with incorrect or incomplete information or denying access to documents required by INPA.
Other conducts indicated in the regulations issued by the National Government for that purpose in the development of this Law.Article 55
Translated text:Natural or juridical persons who violate the provisions established in this Law and other legal and regulatory norms on the matter, shall be subject, according to the seriousness of the infraction, to one or more of the following sanctions to be applied by the INPA, without prejudice to the criminal sanctions and others that may be applicable: Written commination. Fine. Temporary suspension of the permit, authorization, concession or patent, as the case may be. Revocation of the permit, authorization, concession or patent.
Confiscation of vessels, equipment or products.
Temporary closing or definitive closing of the establishment. The fines imposed for infringements to the provisions on inland fishing, shall have a value between the equivalent of the legal minimum wage of one day and the equivalent of the legal minimum wage of one thousand (1,000) days, in accordance with the provisions of Article 6 of this Law. The fines imposed for infringements to the provisions on marine fishing, shall have a value between the equivalent of the legal minimum wage of one day and the equivalent of the legal minimum wage of one hundred thousand (100,000) days, in accordance with the provisions of Article 6 of this Law. The fines may be successive. The Captain of the vessel, the owner and the holders of the fishing permit shall be jointly and severally liable for the economic sanctions imposed. The INPA shall communicate to the General Maritime and Port Directorate, DIMAR, the infractions incurred by the captains of the vessels, the shipowner and the holders of the fishing permit, shall be jointly and severally liable for the economic sanctions imposed.