General Fisheries Law Regulation (D.S. N° 012-2001-PE)

The shipowners of foreign-flagged fishing vessels operating in Peruvian jurisdictional waters must hire at least thirty percent (30%) of Peruvian crew members, adhering to the applicable national legislation.

Foreign-flagged fishing vessels with a fishing permit must carry onboard a technical scientific observer designated by IMARPE. The shipowners, in addition to providing accommodation for this representative, must cover a daily allowance, which will be deposited in a special account managed by IMARPE.

Transshipments must be carried out in a Peruvian bay or port with prior authorization from the Ministry of Fisheries and the maritime authority. The shipowner or their representative must submit the transshipment authorization request at least three (3) business days before the scheduled transshipment date. The information contained in these requests and their supporting documents are considered sworn statements.

The transshipment authorization will automatically expire, without the need for an explicit declaration, if the transshipment operation is not carried out within ten (10) calendar days from the scheduled start date of the operation.

The transshipment request will be denied when the applicant: a) Fails to comply with any of the conditions or requirements for transshipment authorization; and, b) Is in non-compliance with a sanction imposed under the Law or this Regulation.

Foreign-flagged vessels that complete their fishing operations and, for logistical reasons, need to leave jurisdictional waters, must request an onboard product verification inspection, instead of a transshipment request.

In all transshipment operations, the representative agencies of the vessels transporting hydrobiological products are obliged to submit the respective cargo manifest to the Ministry of Fisheries.

In addition to the provisions of Article 43 of the Law, natural or legal persons who, without being classified as artisanal, engage in the extraction and collection of hydrobiological resources without the use of vessels will require a fishing permit.

In addition to the provisions of Article 43 of the Law, natural or legal persons who, without being classified as artisanal, engage in the extraction and collection of hydrobiological resources without the use of vessels will require a fishing permit.

33.1 In accordance with the provisions of Article 44 of the Law, the determined period for fishing permits for larger-scale fishing vessels flying the national flag is valid from the moment this right is granted until it expires in accordance with the rules of this Regulation.

33.2 To maintain the validity of the period and the content of the fishing permit, the owners of the fishing vessels must certify to the General Directorate of Extraction and Fish Processing of the Ministry of Production that they have not increased the authorized hold capacity in their fishing permit, as well as certify the operational condition of their vessels. It is also required to have carried out extractive activity in the previous year and paid the corresponding fishing rights.

To certify that they have not increased the authorized hold capacity in their fishing permit and the operational condition of their vessels, the fishing vessel owners must submit, in January of each year, to the General Directorate of Extraction and Fish Processing, a sworn statement of not having increased the hold capacity and a copy of the vessel's registration certificate issued by the Maritime Authority, with the current endorsement at the time of its submission. The said sworn statement does not validate the excess hold capacity of the fishing vessels, in which case the owners must proceed in accordance with the current legislation. The discovery of fraud or falsehood in the stated sworn statement will result in the penal and administrative actions provided by law.

33.4 The owners of vessels who, for economic reasons, decide not to conduct fishing activities for a period longer than one year and communicate this circumstance to the National Directorate of Extraction and Fish Processing within a period not exceeding one year from the cessation of operations, are exempt from certifying the performance of extractive activities referred to in the previous paragraphs. In this case, the fishing permit will be suspended until the owner requests their re-incorporation into fishing activities. Suspension and re-incorporation require an express statement from the Ministry of Production.

33.5 For fishing vessels flying a foreign flag, the period will be determined in each case based on the authorized resource and will not exceed one year.

33.6 The lists corresponding to vessels with valid fishing permits, which will be published according to the provisions of Article 14 of this Regulation, will only include the vessels of owners who comply with the requirements established in this article. Vessels not included in the mentioned lists will have their fishing permits suspended until the owner requests their re-incorporation or until they comply with the provisions of paragraphs 33.2 and 33.3 of this article. If the suspension is maintained for two consecutive years, the fishing permit will be terminated.

33.7 Vessels of owners who, due to duly accredited force majeure and timely reported to the Ministry of Fisheries, fail to demonstrate compliance with the minimum annual fishing effort equivalent to a hold capacity of the vessel, will not be included in the suspension referred to in the previous paragraph.

33.8 Owners who fail for two consecutive years to demonstrate that they have conducted fishing activities and have the established operational conditions will be sanctioned with the termination of the fishing permit for their vessels, except as provided in paragraphs 33.4 and 33.7, if applicable.

118.1 The Ministry of Fisheries is the competent body, at the national level, to grant concessions, authorizations, fishing permits and licenses.

118.2 It may delegate this authority to the regional fishery agencies by means of an express authorizing Resolution, which shall specify the scope of the delegated authority.

118.3 Concessions, authorizations, fishing permits and licenses for the different fishing activities shall be granted by the corresponding national directorates, the latter constituting the first administrative instance and the Vice Minister, the second and final administrative instance.

119.1 Investors and companies receiving investment in fishing and aquaculture activities enjoy the legal stability regime contemplated in Legislative Decrees No. 662 and 757 and their complementary and regulatory norms. Companies receiving investment may request that their respective agreements include the stability of the access regime referred to in paragraphs 11.1, 11.2 and 11.3 of Article 11 of these Regulations.

119.2 The Ministry of Fisheries may enter into legal stability agreements with private parties in order to promote the adequate use of underexploited, unexploited, opportunity and highly migratory hydrobiological resources, as well as the development of aquaculture, which shall refer exclusively to matters of the legal fishing regulations, under the conditions and in the cases established by Ministerial Resolution. The term of such agreements shall be valid for no more than 10 years and shall in no way restrict the administration's power to issue subsequent provisions due to biological or environmental measures recommended by IMARPE or the National Directorate of the Environment.

The regulations of a particular nature generated as a consequence of the proceedings referring to requests or appeals regarding authorizations for fleet increase and fishing permits for larger scale vessels in the marine area, authorizations for scientific and technological research, authorizations for installation and licenses for operation of non-industrial industrial establishments, non-industrial aquaculture concessions, as well as those related to changes of ownership and other modifications of resolutions related to the activities detailed above, shall be published in the Official Gazette El Peruano, at the expense of the individual who requested the proceedings.

121.1 The fishing permit granted for the operation of national flag vessels shall contain the name of the permit holder, the name, type and registration of the vessel, as the case may be, or hold capacity, authorized operating mode, authorized bycatch limit, gear and/or tackle authorized for use, term of the permit, amount of fees paid and other specifications that the Ministry of Fisheries deems necessary.

121.2 The fishing permit granted for the operation of foreign flag vessels shall contain, in addition to the specifications indicated in the preceding article, the nationality of the owner and the vessel, the legal representative status of the owner and his legal domicile in the country, as well as the catch quota assigned per species and/or fishing effort, the form or contractual modality authorized by the Ministry of Fisheries to operate in Peruvian jurisdictional waters.

136.1 In accordance with the provisions of Article 78 of the Law, violations of fishing legislation are sanctioned, either separately or jointly, with fines, suspension, permanent confiscation, or cancellation of the authorization, license, concession, or permit.