Vessel Registration & License Management

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

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Article 28-A

    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.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 28-A

    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.

Decree Law No. 25977

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 43

    Translated text:

    For the development of fishing activities as stipulated by the Regulation of this Law, natural and legal persons will require the following: c) Fishing Permit: 1.- For the operation of fishing vessels flying the national flag; and, 2.- For the operation of fishing vessels flying a foreign flag.

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 52

    Translated text:

    The Ministry of Fisheries maintains the General Fisheries Registry, which consists of:

    1. Fishing Vessel Property Registry, which is public.
    2. The other Registries indicated in the Regulations of this Law. Peru will promote the adoption of international agreements and mechanisms in order to ensure compliance with such standards by other States, subject to the principles of responsible fishing.

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

What qualifications does the law/regulation give for a vessel to qualify as a local vessel?

  • Article 28

    Translated text:

    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.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 28

    Translated text:

    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.

  • Article 33

    Translated text:

    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.

  • Article 118

    Translated text:

    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.

  • Article 119

    Translated text:

    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.

  • Article 120

    Translated text:

    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.

  • Article 121

    Translated text:

    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.

  • Article 136

    Translated text:

    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.

Supreme Decree that approves the Regulation of Legislative Decree No. 1147, which regulates the strengthening of the Armed Forces in the powers of the National Maritime Authority - General Directorate of Captaincies and Coast Guard - Supreme Decrete N° 015-2014-DE

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 550

    Translated text:

    550.1 Before the port captain of the jurisdiction, every legal entity that owns fishing vessels, as well as its attorneys, must register, according to the procedures established in the TUPAM.

    550.2 Likewise, natural persons who own fishing vessels must register with the port captaincy of the jurisdiction.