Organic Law for the Development of Aquaculture and Fisheries
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 14
Translated text:- 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.
Article 109
Translated text: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.
Article 138
Translated text: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.
Article 176
Translated text: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.
Article 180
Translated text: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.
Article 219
Translated text: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:
Article 222
Translated text: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.
Article 225
Translated text: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.
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 27
Translated text: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.
Article 133
Translated text: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.