Aprueban el Reglamento de la Ley General de Pesca, DECRETO SUPREMO Nº 012-2001-PE

Translated text:

Engaging in any fishing activity without the specific authorization granted by the Ministry of Fisheries through the corresponding National or Regional Directorate constitutes a serious infraction.

Furthermore, it constitutes a serious infraction to prevent or obstruct the work of inspectors accredited by the Ministry of Production or the competent Regional Government in any place where fishing and aquaculture activities are carried out.

Translated text:

28-A.1 To operate fishing vessels flying the national or foreign flag in Peruvian jurisdictional waters, a fishing permit granted by the Ministry of Production is required or, in the case of artisanal vessels, by the competent Regional Government. The permit is issued upon request, in accordance with Article 124 of the Consolidated Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS. The request is a sworn declaration. The fishing permit is inseparable from the vessel to which it corresponds, and only the holder of the permit may conduct extractive activities.

28-A.2 To obtain an artisanal fishing permit, the applicant must attach to their request a simple copy of the current registration certificate, showing the vessel's hold capacity in cubic meters, issued by the competent maritime authority, and a simple copy of the document proving ownership or possession of the fishing vessel. If the vessel's ownership is registered, the applicant must indicate the registration number and the corresponding registry office in their request.

28-A.3 Applications for fishing permits for national fishing vessels, whether small or large scale, or for modifications to hold capacity via fleet expansion, must be submitted within one (1) year from the completion, modification, or acquisition of the fishing vessel.

28-A.3.1 The applicant must attach to their request a simple copy of the Comprehensive Domain Certificate proving their ownership right, issued by the corresponding public registry, and a simple copy of the current registration certificate showing the hold capacity in cubic meters of the new fishing vessel, issued by the competent maritime authority.

28-A.3.2 During the processing of the fishing permit or its modification, the Ministry of Production conducts a technical inspection to verify compliance with the authorized characteristics and parameters of the fleet expansion. The applicant bears the costs of travel and per diem for the officials conducting the inspection.

28-A.4 The extension of the fishing permit via fleet expansion authorization for access to fisheries other than the originally authorized one is requested according to the previously mentioned requirements and specifications contained in the corresponding authorization, and may be granted in a single act.

28-A.5 For fishing vessels dedicated to human direct consumption in the maritime domain, the applicant must attach a simple copy of the vessel's sanitary certification issued by the fishing sanitary authority, in accordance with Article 32 of this Regulation.

28-A.6 The processing of the aforementioned administrative procedures has a maximum duration of twenty (20) business days and is subject to negative administrative silence.

28-A.7 The granting, modification, or extension of a fishing permit is not allowed if there are pending obligations for fishing rights or sanctions related to the fishing vessel being replaced, if applicable.

28-A.7.1 For unresolved suspension sanctions and for administrative sanctioning actions that have been appealed or have a precautionary measure suspending their execution, the granting, modification, or extension of the fishing permit is allowed, conditional upon the fulfillment of the unresolved suspensions, the outcome of the appeals, or the validity of the precautionary measure, as applicable.

28-A.7.2 Once the sanctioning procedures are concluded by a final administrative act, or the precautionary measure is lifted, the competent authority will suspend the fishing permit ex officio if the fulfillment of the aforementioned obligations is not evidenced within ten (10) business days.

28-A.8 Once the fishing permit is granted, modified, or extended, it is the obligation of the Ministry of Production or the competent Regional Government to notify the fishing sanitary authority for the corresponding purposes.

28-A.9 For economic reasons, the holder of the fishing permit may request the voluntary suspension of the permit, in accordance with Article 124 of the Consolidated Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS, as established in numeral 33.4 of Article 33 of this Regulation. The request is a sworn declaration. In this case, and only once, the fishing permit is suspended until the holder notifies the reactivation of extractive activities. The suspension and reactivation require an express resolution from the Ministry of Production. This procedure has a maximum duration of five (5) business days and is subject to positive administrative silence.

28-A.10 The granting of fishing permits for foreign-flagged fishing vessels is governed by the regulatory provisions set forth in Articles 66 and following of this Regulation.

Translated text:

28-A.1 To operate fishing vessels flying the national or foreign flag in Peruvian jurisdictional waters, a fishing permit granted by the Ministry of Production is required or, in the case of artisanal vessels, by the competent Regional Government. The permit is issued upon request, in accordance with Article 124 of the Consolidated Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS. The request is a sworn declaration. The fishing permit is inseparable from the vessel to which it corresponds, and only the holder of the permit may conduct extractive activities.

28-A.2 To obtain an artisanal fishing permit, the applicant must attach to their request a simple copy of the current registration certificate, showing the vessel's hold capacity in cubic meters, issued by the competent maritime authority, and a simple copy of the document proving ownership or possession of the fishing vessel. If the vessel's ownership is registered, the applicant must indicate the registration number and the corresponding registry office in their request.

28-A.3 Applications for fishing permits for national fishing vessels, whether small or large scale, or for modifications to hold capacity via fleet expansion, must be submitted within one (1) year from the completion, modification, or acquisition of the fishing vessel.

28-A.3.1 The applicant must attach to their request a simple copy of the Comprehensive Domain Certificate proving their ownership right, issued by the corresponding public registry, and a simple copy of the current registration certificate showing the hold capacity in cubic meters of the new fishing vessel, issued by the competent maritime authority.

28-A.3.2 During the processing of the fishing permit or its modification, the Ministry of Production conducts a technical inspection to verify compliance with the authorized characteristics and parameters of the fleet expansion. The applicant bears the costs of travel and per diem for the officials conducting the inspection.

28-A.4 The extension of the fishing permit via fleet expansion authorization for access to fisheries other than the originally authorized one is requested according to the previously mentioned requirements and specifications contained in the corresponding authorization, and may be granted in a single act.

28-A.5 For fishing vessels dedicated to human direct consumption in the maritime domain, the applicant must attach a simple copy of the vessel's sanitary certification issued by the fishing sanitary authority, in accordance with Article 32 of this Regulation.

28-A.6 The processing of the aforementioned administrative procedures has a maximum duration of twenty (20) business days and is subject to negative administrative silence.

28-A.7 The granting, modification, or extension of a fishing permit is not allowed if there are pending obligations for fishing rights or sanctions related to the fishing vessel being replaced, if applicable.

28-A.7.1 For unresolved suspension sanctions and for administrative sanctioning actions that have been appealed or have a precautionary measure suspending their execution, the granting, modification, or extension of the fishing permit is allowed, conditional upon the fulfillment of the unresolved suspensions, the outcome of the appeals, or the validity of the precautionary measure, as applicable.

28-A.7.2 Once the sanctioning procedures are concluded by a final administrative act, or the precautionary measure is lifted, the competent authority will suspend the fishing permit ex officio if the fulfillment of the aforementioned obligations is not evidenced within ten (10) business days.

28-A.8 Once the fishing permit is granted, modified, or extended, it is the obligation of the Ministry of Production or the competent Regional Government to notify the fishing sanitary authority for the corresponding purposes.

28-A.9 For economic reasons, the holder of the fishing permit may request the voluntary suspension of the permit, in accordance with Article 124 of the Consolidated Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS, as established in numeral 33.4 of Article 33 of this Regulation. The request is a sworn declaration. In this case, and only once, the fishing permit is suspended until the holder notifies the reactivation of extractive activities. The suspension and reactivation require an express resolution from the Ministry of Production. This procedure has a maximum duration of five (5) business days and is subject to positive administrative silence.

28-A.10 The granting of fishing permits for foreign-flagged fishing vessels is governed by the regulatory provisions set forth in Articles 66 and following of this Regulation.