Organic Law for the Development of Aquaculture and Fisheries

The management measures adopted by regional fisheries management organizations, of which Ecuador is a party, must be issued by ministerial agreement by the governing body of Ecuadorian fisheries.

The following activities are classified as serious fishing infractions: In Fishing Activities: a) Engaging in fishing or related activities without the appropriate fishing permit; b) Failing to fulfill the obligations specified in fishing authorizations or permits; c) Violating the provisions of the Law, its regulations, executive decrees, agreements, or ministerial resolutions related to fisheries management and fishing practices; d) Disregarding regulations governing fishing effort or the setting of gear and equipment. e) Failing to adhere to established protocols for traceability, crisis management, and obligations mandated by the governing body. f) Violating obligations established in international fishing treaties or regulations of Regional Fisheries Management Organizations (RFMOs) when these infractions undermine the conservation and management of fishery resources; and, g) Any conduct categorized as a minor infraction in maritime fishing committed by individuals or legal entities associated with stateless vessels or vessels from foreign flags identified by the governing body, RFMOs, or other organizations, for engaging in Illegal, Unreported, and Unregulated (IUU) fishing activities.

In Fishing Activity Control: a) Failing to carry on board the fishing log or diary, or not installing it if it is electronic, as stipulated by regulations. b) Not recording information in the fishing log or diary as detailed in the regulations. c) Failing to submit the fishing diary, landing declaration upon arrival at port, and other information required by current regulations to the competent authorities. d) Not obtaining authorization from the competent authorities for transshipments. e) Failing to notify authorities prior to the arrival of foreign-flagged fishing vessels at port, or not complying with current regulations regarding port entry, landings, or the use of port services. f) Not notifying the landing of catch from national vessels at foreign ports. g) Failing to send or submit reports prepared by observers, in accordance with national regulations or those of RFMOs. h) Violating existing regulations regarding the prohibition of discards. i) Transiting during closed seasons without authorization from the governing body. j) Modifying fishing vessels to increase storage capacity without prior authorization. k) Violating obligations, duties, and provisions contained in the Port State Measures Agreement aimed at preventing, deterring, and eliminating IUU fishing that are not classified as very serious infractions under this Law. In Processing and selling: a) Delivering catch to a different Ecuadorian processing plant than that specified in the association contract without prior authorization from the governing body. b) Delivering catch to a foreign processing plant despite having entered into an association contract with an Ecuadorian processing company without prior authorization, except for the exceptions established in this Law. c) Processing or selling fish that does not comply with health regulations. d) Conducting economic activities without the necessary permits, registrations, authorizations, and other documentation issued by relevant public institutions regulating the economic activity. e) Establishing or expanding production lines without authorization from the governing body. f) Importing fishery products without authorization from the governing body. In Species: a) Possessing, transshipping, landing, storing, or safeguarding fish species before their first sale, without verified legal provenance according to current regulations. b) Capturing, possessing, transshipping, landing, storing, or safeguarding fish species before their first sale without the necessary authorizations or under conditions different from those established in said authorizations. c) Capturing unauthorized fish species or those for which total allowable catches or quotas have been exhausted before their first sale. d) Capturing, possessing, transshipping, landing, storing, or safeguarding fish species below the permitted size or weight, or exceeding the permissible limits for certain species. e) Violating regulations regarding maximum allowable catches or landings. f) Vessels or captains engaging in fishing associated with dolphins without a dolphin mortality limit (DML) or exceeding established limits. In Fishing Gear and Equipment: a) Failing to comply with technical measures related to their use. b) Possessing or using prohibited, unauthorized, or non-regulatory fishing gear and equipment. c) Modifying fishing gear without authorization. d) Using devices that reduce the selectivity of gear and equipment. e) Intentionally engaging in fishing activities that interact with marine mammals, sea turtles, or whale sharks.

In the reproductive reserve zone for bioaquatic species, the following are prohibited: a) Any industrial fishing activity; b) Extractive operations using any type of mass capture gear determined by the governing body based on a report from the Public Institute of Aquaculture and Fisheries Research; c) Use of monofilament nets or also known as electronic nets; d) Use of larval nets; e) Use of explosives and chemical compounds (natural or synthetic) for capturing various hydrobiological resources; and, f) Other prohibitions established in the Regulations of this Law, based on technical grounds.

The following are considered serious fishing infractions in fishing activities:a) Carrying out fishing and related activities without having the respective fishing license; b) Failure to comply with the obligations established in the fishing authorizations or licenses; c) Failure to comply with the rules established in this Law, in its regulations, in executive decrees, in ministerial agreements and resolutions relating to the management and modality of fishing; d) Failure to comply with the rules that regulate fishing effort or fishing gear; e) Failure to comply with traceability protocols, crisis management, and obligations established by the ecuadorian fisheries governing body; f) Failure to comply with the obligations established in international treaties on fishing or in the rules of the Regional Fisheries Management Organizations when they violate measures for the conservation and management of fishing resources; and, g) Any conduct classified as minor offense in matters of fishing, committed by individuals or legal entities linked to stateless vessels or vessels identified by the ecuadorian fisheries governing body, Regional Fisheries Management Organizations or other organizations, for having engaged in illegal, unreported and unregulated fishing activities.

In the control of fishing activity: a) Failure to keep on board the logbook or fishing log or not to install it if it is electronic as provided by the regulations; b) Failure to record in the logbook or fishing log the information and in the terms detailed by the regulations; c) Failure to comply with the obligation to deliver to the competent authorities the fishing logbook, landing declaration upon arrival at port and other information required by current regulations; d) Failure to request authorization from the competent authorities for transshipments; (e) Failure to notify in advance the arrival at port in the case of fishing vessels of other flags, or failure to comply with current regulations on port entry, landings or use of port services; (f) Failure to notify the landing of fish by national vessels in foreign ports; (g) Failure to send or deliver reports prepared by the observer, in accordance with national regulations or those of Regional Fisheries Management Organizations; (h) Failure to comply with current regulations on the prohibition of discards; (i) Carrying out transit during the closed season, without authorization from the governing body; (j) The modification of fishing vessels that increases storage capacity, when such increase has not been authorized; and, k) Failure to comply with the obligations, duties and provisions contained in the Agreement on port state measures, intended to prevent, discourage and eliminate illegal, unreported and unregulated fishing, which are not stipulated as very serious in this Law, is considered a serious violation.

In processing and marketing: a) Delivering the fish to an Ecuadorian processing plant other than the one listed in the partnership contract, without prior authorization from the governing body; b) Delivering the fish to a foreign processing plant despite having entered into a partnership contract with an Ecuadorian processing company without prior authorization, except for the exceptions established in this Law; c) Processing or marketing fish that does not comply with health regulations; d) Carrying out economic activity without having the permits, registrations, authorizations and other documents issued by the different public institutions that regulate economic activity; e) Establishing or expanding production lines without the authorization of the governing body; and, f) Importing fishery products without authorization from the governing body.

Regardin species:a) The possession, transshipment, landing, custody or storage, before their first sale, of fish species whose origin is not accredited in accordance with current regulations; b) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species without the necessary authorisations or under conditions other than those established therein; c) The capture, before their first sale, of unauthorized fish species or those for which the total admissible catches or quotas have been exhausted; d) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species of a size or weight smaller than that permitted or, where appropriate, when the permitted margins for certain species are exceeded; e) Non-compliance with the regulations on maximum permitted catch or landing limits; and, f) The vessel or captain that carries out fishing activities associated with dolphins, without having a dolphin mortality limit (DML) or that exceeds its limits.

Regarding fishing gear or tackle: a) Failure to comply with the technical measures relating to its mode of use; b) Possession or use of prohibited, unauthorized or non-regulatory gear or tackle; c) Modifying fishing gear without authorization; d) Using devices that reduce the selectivity of gear or tackle; and, e) Intentionally carrying out fishing activities in interaction with a marine mammal, sea turtle or whale shark.

The following are considered serious fishing infractions in fishing activities:a) Carrying out fishing and related activities without having the respective fishing license; b) Failure to comply with the obligations established in the fishing authorizations or licenses; c) Failure to comply with the rules established in this Law, in its regulations, in executive decrees, in ministerial agreements and resolutions relating to the management and modality of fishing; d) Failure to comply with the rules that regulate fishing effort or fishing gear; e) Failure to comply with traceability protocols, crisis management, and obligations established by the ecuadorian fisheries governing body; f) Failure to comply with the obligations established in international treaties on fishing or in the rules of the Regional Fisheries Management Organizations when they violate measures for the conservation and management of fishing resources; and, g) Any conduct classified as minor offense in matters of fishing, committed by individuals or legal entities linked to stateless vessels or vessels identified by the ecuadorian fisheries governing body, Regional Fisheries Management Organizations or other organizations, for having engaged in illegal, unreported and unregulated fishing activities.

In the control of fishing activity: a) Failure to keep on board the logbook or fishing log or not to install it if it is electronic as provided by the regulations; b) Failure to record in the logbook or fishing log the information and in the terms detailed by the regulations; c) Failure to comply with the obligation to deliver to the competent authorities the fishing logbook, landing declaration upon arrival at port and other information required by current regulations; d) Failure to request authorization from the competent authorities for transshipments; (e) Failure to notify in advance the arrival at port in the case of fishing vessels of other flags, or failure to comply with current regulations on port entry, landings or use of port services; (f) Failure to notify the landing of fish by national vessels in foreign ports; (g) Failure to send or deliver reports prepared by the observer, in accordance with national regulations or those of Regional Fisheries Management Organizations; (h) Failure to comply with current regulations on the prohibition of discards; (i) Carrying out transit during the closed season, without authorization from the governing body; (j) The modification of fishing vessels that increases storage capacity, when such increase has not been authorized; and, k) Failure to comply with the obligations, duties and provisions contained in the Agreement on port state measures, intended to prevent, discourage and eliminate illegal, unreported and unregulated fishing, which are not stipulated as very serious in this Law, is considered a serious violation.

In processing and marketing: a) Delivering the fish to an Ecuadorian processing plant other than the one listed in the partnership contract, without prior authorization from the governing body; b) Delivering the fish to a foreign processing plant despite having entered into a partnership contract with an Ecuadorian processing company without prior authorization, except for the exceptions established in this Law; c) Processing or marketing fish that does not comply with health regulations; d) Carrying out economic activity without having the permits, registrations, authorizations and other documents issued by the different public institutions that regulate economic activity; e) Establishing or expanding production lines without the authorization of the governing body; and, f) Importing fishery products without authorization from the governing body.

Regardin species:a) The possession, transshipment, landing, custody or storage, before their first sale, of fish species whose origin is not accredited in accordance with current regulations; b) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species without the necessary authorisations or under conditions other than those established therein; c) The capture, before their first sale, of unauthorized fish species or those for which the total admissible catches or quotas have been exhausted; d) The capture, possession, transshipment, landing, custody or storage, before their first sale, of fish species of a size or weight smaller than that permitted or, where appropriate, when the permitted margins for certain species are exceeded; e) Non-compliance with the regulations on maximum permitted catch or landing limits; and, f) The vessel or captain that carries out fishing activities associated with dolphins, without having a dolphin mortality limit (DML) or that exceeds its limits.

Regarding fishing gear or tackle: a) Failure to comply with the technical measures relating to its mode of use; b) Possession or use of prohibited, unauthorized or non-regulatory gear or tackle; c) Modifying fishing gear without authorization; d) Using devices that reduce the selectivity of gear or tackle; and, e) Intentionally carrying out fishing activities in interaction with a marine mammal, sea turtle or whale shark.

#41. Fishing observer. Natural person in charge of observing and collecting data on board fishing vessels, for the purposes of research, conservation, management or administration of hydrobiological resources.

Control Means. To carry out monitoring, control, and surveillance of fishing activities, the governing body will use the following means: e) Reports from onboard observers.

For the purposes of this Law, the following definitions are provided: 61. Transshipment of fish. It is the action of transferring catches from one fishing vessel to another fishing vessel or to a vessel used exclusively for cargo transportation.

The transfer of fishery products between national fishing vessels and from fishing vessels to transport vessels or freezers of other flags legally registered in the Registry of Regional Fisheries Management Organizations is permitted, provided that it is carried out in authorized national or foreign ports, in the presence of an inspector and with prior authorization from the governing body, in coordination with the other authorities in the respective area of

"Armador" An individual or legal entity, national or foreign, who is the owner, or not, of a vessel and who assumes its nautical management and commercial fishing operation, either directly or through a different person.

Any individual or legal entity, whether national or foreign, whose responsibility is duly proven, shall be sanctioned for acts constituting an administrative offense.

Captains or those acting on their behalf who commit minor, serious, or very serious fishing violations will be sanctioned.

Individuals or legal entities seeking authorization to enter into a leasing, bareboat charter, or association contract must submit the following requirements:

1. An application addressed to the governing body through the Integrated Aquaculture and Fisheries System (SIAP), indicating the document number and date of the favorable report issued prior to entering into a leasing, bareboat charter, or association contract;
2. The document containing the favorable report or consent issued prior to entering into a leasing, bareboat charter, or association contract;
3. A copy of the favorable report from the National Maritime Authority;
4. A legalized copy of the leasing, bareboat charter, or association contract, as applicable, which must be apostilled if executed in other countries. If executed within the national territory, it must be notarized through a public deed or a private document recognized by a notary;
5. A copy of the authorization for the bareboat charter contract issued by the foreign maritime and fisheries authority, when applicable;
6. A copy of the vessel's current registration from the country of origin;
7. A copy of the current Tonnage Certificate detailing the fishing storage capacity in cubic meters;
8. A copy of the fishing license issued by the flag state, in the case of an association contract, which must not have a validity period shorter than the fishing permit granted by the governing body;
9. The vessel's IMO number;
10. The vessel's ownership history and IUU lists; and,
11. Any additional requirements specified by the governing body in secondary regulations

7. Authorize natural or legal persons to engage in aquaculture and fisheries activities, in any of its phases, as well as to issue authorizations, concessions, and permits for the exercise of their activity, including related activities, within its competencies.

License: To engage in artisanal fishing, only a fishing license is required in accordance with the provisions of this Law, except for vessels that the ecuadorian fisheries governing body determines. Article 126.- Fishing permit for industrial vessels. The fishing permit is the document issued by the ecuadorian fisheries governing body that enables all fishing vessels to carry out fishing activity. This document will be the enabler to obtain the sailing permit issued by the Ecuadorian Maritime Authority. The fishing permit must be carried on board the vessel and will detail the type of species caught, fishing gear and its technical characteristics, and the authorized fishing zone, among others determined by the governing body.

The fishing permit will be invalidated when.: a) The vessel has been sanctioned by the governing body for engaging in Illegal, Unreported, and Unregulated (IUU) fishing activities; b) The vessel has been included on an RFMO's list of IUU fishing vessels; c) False information has been provided to link or associate the vessel with the shipowner; and, d) Any other reasons outlined in the General Regulations of this Law, subject to the appropriate technical report.

The governing body may deny the request for authorization, fishing permit and its modification or update, when: a) The target species requested for fishing is in a condition of protection, overexploitation or in recovery, based on a scientific-technical report from the Scientific Institute for Aquaculture and Fisheries ; b) The ecuadorian fisheries governing body, in a reasoned manner, verifies that the information provided by the petitioner is false; c) The vessel to be used has been deregistered from the maritime registry or national fishing registry; d) The fishing gear and/or the vessel does not comply with the characteristics issued by technical regulations for this purpose; e) The vessel or the shipowner/operator have been sanctioned for illegal, unreported and unregulated fishing activities; f) The vessel is listed in the regional registries of illegal, unreported and unregulated fishing; and/or, g) The authorization has been declared to be extinguished by the ecuadorian fisheries governing body.

Authorizations to carry out industrial fishing activities in the extractive phase will be extinguished prior to the due process, for the following reasons: a) By express request of the authorized party; b) By expiration of the authorization term in charter and association contracts; c) By death of the authorized party, in the event that there are no persons to succeed him. If there are successors, they will have the right to use the authorization, and the enabling title must be modified by the ecuadorian fisheries governing body, within the terms established in this regulation; d) By cancellation of the registration of the legal entity in the Commercial Registry; e) By having engaged in activities sanctioned with revocation in accordance with the Law, declared through an administrative resolution or final judgment. In these cases, with the termination of the authorization, the fishing quota or capacity will revert to the State, unless there is a legally established guarantee or the fishing capacity or quota is owned by a third party; and, f) When the vessel has been included in a list of illegal, unreported and unregulated fishing of a Regional Fisheries Management Organization.

In addition to other applicable sanctions, vessels that commit serious infractions may face a temporary suspension of their activities. This suspension must be communicated to the relevant authorities responsible for issuing maritime or port permits and authorizations. In cases of repeated serious infractions or the occurrence of very serious infractions, the suspension will be mandatory. The duration of the suspension will be determined according to the following table:

Non-compliance with a suspension penalty imposed on a vessel, production line, or establishment will result in the imposition of the maximum fine allowed, along with an additional 90-day suspension, to be added to the original suspension period. Repeat offenses will be penalized with the revocation of the authorization or permit.

In addition to any other applicable sanctions, individuals caught fishing within the first mile of the species reproduction reserve or within the eight-mile artisanal fishing reserve will face the permanent confiscation of their catch and fishing gear, as well as a 180-day suspension of their fishing permit. In the event of a repeat offense, the fishing authorization or permit will be revoked. For foreign-flagged vessels, permanent confiscation of the vessel will be enforced.

The Public Fishing Registry and the Public Aquaculture Registry will be managed as follows: a) Public Fishing Registry […] Electronic book of fishing vessels, transportation vessels, and capacities: A database containing information related to fishing and transportation vessels authorized by the regulatory authority, along with information regarding the fishing capacity or quota (active or inactive) of the fishing vessels, and their sequential movements through transfers, loans, or concessions.

On the construction, modernization, modification, conversion and/or import of fishing vessels. The fisheries governing body, in coordination with the competent authorities, must issue the corresponding authorization for the construction, modernization, modification, conversion or import of artisanal and industrial fishing vessels prior to the technical reports issued by the competent authorities.