Decree 115/18

Commercial fishing permits for vessels over 10 gross tons will be authorized by the Minister of Livestock, Agriculture, and Fisheries, taking into account the target species and the characteristics of the vessels according to the following classification: Category A: Includes vessels targeting hake and species from the same ecosystem or associated with hake, provided that their fishing power and characteristics are deemed adequate by the National Directorate of Aquatic Resources. These vessels are not allowed to operate in the Río de la Plata nor land coastal species, especially those that are fully exploited. Unloading croaker is prohibited, although incidental catch of whiting (C. guatucupa) and other species will be allowed within the percentages established by the National Directorate of Aquatic Resources, depending on the area of operation. Category B: Includes vessels targeting croaker, whiting, and species from the same ecosystem or associated with them, provided that their fishing power and characteristics are deemed adequate by the National Directorate of Aquatic Resources. Category C: Includes vessels engaged in fisheries not covered by the previous categories, i.e., those targeting species other than hake, croaker, or whiting. The National Directorate of Aquatic Resources may set the percentage of incidental catches to be landed on each trip. Category D: Includes vessels exclusively authorized to operate outside the jurisdictional waters of the Eastern Republic of Uruguay and the Common Fishing Zone established in the Treaty of the Río de la Plata and its Maritime Front.

Fishing vessels authorized in the identified categories must comply with the regulations of international treaties and agreements ratified by the Republic.

It is the responsibility of the National Directorate of Aquatic Resources, in coordination with the National Directorate of Environment, to ensure the conservation, management, sustainable development, and responsible use of marine mammals.

Sea lions, whales, dolphins, and other species of marine mammals in national coasts, islands, and waters of national jurisdiction shall be governed by the provisions of Law No. 19.128 of September 13, 2013, Article 23 of Law No. 16.211 of October 1, 1991, as amended by Article 212 of Law No. 16.320 of November 17, 1992, Decree No. 238/998 of September 10, 1998, and Decree No. 261/002 of July 10, 2002.

Fishing activities using the following methods are prohibited: a) Use of driftnets; b) Use of explosives; c) Toxic substances; d) Trammel nets (nets with two or three overlapping panels); e) Palling systems to increase catches with gillnets.

Holders of fishing permits for fishing vessels flying the national or foreign flag, with a gross register tonnage (GRT) greater than 10, must allow the boarding of up to two scientific observers during fishing trips when determined by the National Directorate of Aquatic Resources, for the purposes provided in Article 26 of the Law being regulated.

The National Directorate of Aquatic Resources may also arrange for the boarding of scientific observers on other types of vessels (non-fishing) in activities that, due to the nature of their operations, may have effects on hydrobiological resources or provide relevant information about these resources and the ecosystem that contains them, for the institution or the country.

The scientific observers shall be responsible for collecting, recording, and reporting biological and fishing data, as well as any other information requested by the National Directorate of Aquatic Resources during commercial, industrial, scientific, or research fishing operations. Under no circumstances shall they serve as inspectors, auditors, or certifiers of catches, nor may they disclose, destroy, or improperly remove the data collected or any information they become aware of in the course of their duties. The information collected by the observers shall be managed by the National Directorate of Aquatic Resources and used for the purposes indicated above.

For their hiring, scientific observers must register in an Observers Registry, which will be created for this purpose by the National Directorate of Aquatic Resources, establishing the requirements that must be met for its formation and integration.

For the appointment of observers, the holder of the fishing permit or the shipowner must notify the National Directorate of Aquatic Resources of the start of each fishing trip in the time, manner, and by the procedure determined by the Directorate, except in cases where the departure is from a foreign port, in which case the notification must be made 15 days prior to departure.

The National Directorate of Aquatic Resources shall notify the appointment of the observer to the holder of the permit and/or the shipowner, to the National Naval Prefecture, and to any other authorities as necessary to facilitate the boarding. In the event of omissions in the communication of the departure date or any other aspect that prevents the designation of an observer by the shipowning company, the National Directorate of Aquatic Resources may suspend the fishing permit, notifying the National Naval Prefecture accordingly. The maritime authority shall not authorize the departure of vessels that, having been assigned an observer, do not have the observer included in the crew on board, nor of those vessels whose fishing permits have been suspended due to non-payment of the observers' per diem allowances, as established by Article 205 of Law No. 17.296, dated February 21, 2001, as amended by Article 151 of Law No. 18.834, dated November 4, 2011, and by Article 171 of Law No. 19.149, dated October 24, 2013. For this purpose, the National Directorate of Aquatic Resources shall make the necessary communications.

Shipowners must ensure that the captains or masters of their vessels provide the observers with full cooperation so that they can carry out their duties. For this purpose, they must be provided with adequate space for data collection and sample analysis, as well as a suitable area to process the captured data. Compliance with the obligation to cooperate also includes providing suitable accommodations, food, communication, and safety facilities for the scientific observers. The company must provide the observer with access to the vessel's communication equipment to transmit the relevant information to the National Directorate of Aquatic Resources.

The observer must have free access to all areas of the vessel, especially the bridge or the place where the navigation instruments are located, to directly monitor the vessel's positioning.

The observer must fulfill the assigned duties and submit the corresponding report within a period of no more than 5 business days after the end of the fishing trip, for evaluation and subsequent authorization of the per diem for the days of navigation or boarding incurred. Observers who fail to submit these reports or do not meet the requirements of their assigned duties may face postponement of their designation for future trips or removal from the observers' registry.

Observers shall be subordinated to the command of the vessel but will be independent in carrying out the operations assigned to them by the National Directorate of Aquatic Resources and may not perform any other type of work on board. Prior to departure, the National Directorate of Aquatic Resources must communicate the assigned operations to the shipowning company so that it can provide the appropriate instructions.

Per Diem: At the end of the fishing trip, the observer will document the per diem expenses generated according to the procedure established by the National Directorate of Aquatic Resources, from the departure from their residence until the estimated time of completion of their tasks. The aspects related to the procedure for paying per diem expenses will be established by the National Directorate of Aquatic Resources.

All matters related to per diem expenses will be governed by the provisions of Article 205 of Law No. 17.296, dated February 21, 2001, as amended by Article 151 of Law No. 18.834, dated November 4, 2011, and Article 171 of Law No. 19.149, dated October 24, 2013, respectively.

Holders of fishing permits for fishing vessels flying the national or foreign flag, with a gross register tonnage (GRT) greater than 10, must allow the boarding of up to two scientific observers during fishing trips when determined by the National Directorate of Aquatic Resources, for the purposes provided in Article 26 of the Law being regulated.

The National Directorate of Aquatic Resources may also arrange for the boarding of scientific observers on other types of vessels (non-fishing) in activities that, due to the nature of their operations, may have effects on hydrobiological resources or provide relevant information about these resources and the ecosystem that contains them, for the institution or the country.

The scientific observers shall be responsible for collecting, recording, and reporting biological and fishing data, as well as any other information requested by the National Directorate of Aquatic Resources during commercial, industrial, scientific, or research fishing operations. Under no circumstances shall they serve as inspectors, auditors, or certifiers of catches, nor may they disclose, destroy, or improperly remove the data collected or any information they become aware of in the course of their duties. The information collected by the observers shall be managed by the National Directorate of Aquatic Resources and used for the purposes indicated above.

For their hiring, scientific observers must register in an Observers Registry, which will be created for this purpose by the National Directorate of Aquatic Resources, establishing the requirements that must be met for its formation and integration.

For the appointment of observers, the holder of the fishing permit or the shipowner must notify the National Directorate of Aquatic Resources of the start of each fishing trip in the time, manner, and by the procedure determined by the Directorate, except in cases where the departure is from a foreign port, in which case the notification must be made 15 days prior to departure.

The National Directorate of Aquatic Resources shall notify the appointment of the observer to the holder of the permit and/or the shipowner, to the National Naval Prefecture, and to any other authorities as necessary to facilitate the boarding. In the event of omissions in the communication of the departure date or any other aspect that prevents the designation of an observer by the shipowning company, the National Directorate of Aquatic Resources may suspend the fishing permit, notifying the National Naval Prefecture accordingly. The maritime authority shall not authorize the departure of vessels that, having been assigned an observer, do not have the observer included in the crew on board, nor of those vessels whose fishing permits have been suspended due to non-payment of the observers' per diem allowances, as established by Article 205 of Law No. 17.296, dated February 21, 2001, as amended by Article 151 of Law No. 18.834, dated November 4, 2011, and by Article 171 of Law No. 19.149, dated October 24, 2013. For this purpose, the National Directorate of Aquatic Resources shall make the necessary communications.

Shipowners must ensure that the captains or masters of their vessels provide the observers with full cooperation so that they can carry out their duties. For this purpose, they must be provided with adequate space for data collection and sample analysis, as well as a suitable area to process the captured data. Compliance with the obligation to cooperate also includes providing suitable accommodations, food, communication, and safety facilities for the scientific observers. The company must provide the observer with access to the vessel's communication equipment to transmit the relevant information to the National Directorate of Aquatic Resources.

The observer must have free access to all areas of the vessel, especially the bridge or the place where the navigation instruments are located, to directly monitor the vessel's positioning.

The observer must fulfill the assigned duties and submit the corresponding report within a period of no more than 5 business days after the end of the fishing trip, for evaluation and subsequent authorization of the per diem for the days of navigation or boarding incurred. Observers who fail to submit these reports or do not meet the requirements of their assigned duties may face postponement of their designation for future trips or removal from the observers' registry.

Only natural or legal persons, whether public or private, who comply with the provisions of Article 28 of the regulating Law may hold fishing permits. For applications submitted by private legal entities, these must be established or operate in accordance with the prevailing national laws. (*)Notes: See in this regulation, Articles 15 and 18.

The natural or legal persons referred to in Article 12, whose project has been approved by the National Directorate of Aquatic Resources, must submit the corresponding permit application to this body. The application must be accompanied by: proof of legal association with the vessel to be used, which is registered, listed for fishing activities, and has a valid Certificate of Seaworthiness issued by the Maritime Authority; the technical data sheet of the vessel, which will be provided by the National Directorate of Aquatic Resources; and proof of the guarantee established in accordance with the respective requirements. In the case of legal persons, additional documentation must also be provided, proving their incorporation, domicile, and representation. This application—which shall be considered a sworn statement—must be updated whenever there is any modification to the information provided.

The projects referenced in the previous article must be submitted to the National Directorate of Aquatic Resources containing all the information and requirements that it will establish for their evaluation. In considering these projects, the number of fishing vessels in operation, the resulting fishing effort, the state of the resources, the infrastructure of the corresponding base port, and any other considerations deemed appropriate for better fisheries management will be taken into account.

The submission of projects may be made by a natural or legal person or through another legally prescribed contracting procedure. In the case of designated closed fisheries, when the fishing effort decreases below the level that allows for maximum sustainable yield, the National Directorate of Aquatic Resources may call for interested parties in the exploitation of such fisheries. The conditions and requirements for application will be established according to the demands needed to approve the project(s).

Approval of a project by the National Directorate of Aquatic Resources will authorize the holder to request the corresponding permit, authorization, or concession. The incorporation, construction, or importation of the fishing vessels to be used must be completed within the deadlines and conditions set by the National Directorate of Aquatic Resources. This deadline may be extended if, in the judgment of the aforementioned agency, the circumstances presented by the applicant warrant it.

To engage in fishing activities, one must have a Permit granted by the Ministry of Livestock, Agriculture, and Fisheries (MGAP), which can only be processed after authorization from the National Directorate of Aquatic Resources for the corresponding project. (*)Notes: See in this regulation, Article 18.

Only natural or legal persons, whether public or private, who comply with the provisions of Article 28 of the regulating Law may hold fishing permits. For applications submitted by private legal entities, these must be established or operate in accordance with the prevailing national laws. (*)Notes: See in this regulation, Articles 15 and 18.

Exception Regime. To qualify for the exception regime established by the third paragraph of Article 28 of the Law, it must be demonstrated that the entire share capital is represented by nominative shares or quotas wholly owned by natural persons or other entities—provided that the capital of these entities meets the nominative and natural person ownership requirements. In the case of commercial companies covered by Law No. 16.060 of September 4, 1989, the exception regime may also be requested when their share capital is predominantly represented by bearer shares, integrated through public offerings, and listed on recognized stock exchanges or other prestigious foreign exchanges, or other mechanisms ensuring a competitive and transparent offering procedure in the opinion of the Executive Power. Alternatively, if the share capital is predominantly represented by nominative shares owned by legal entities established in Uruguay or abroad. Other social entities, cooperatives, associations, foundations, and other persons that demonstrate, through the nominative nature of their capital participation, that they belong directly or indirectly to other legal entities meeting the aforementioned mechanisms or to natural persons may also be authorized.

Procedure and Accreditation. Requests for protection under the exception provided in the final paragraph of Article 28 of the regulating Law must be submitted in writing to the National Directorate of Aquatic Resources, accompanied by the necessary documentation proving the invoked reason through notarial or accounting certification, duly translated and legalized if applicable. After reviewing the request, the National Directorate of Aquatic Resources will forward the case to the Ministry of Livestock, Agriculture, and Fisheries, which, along with its report, will submit it to the Executive Power, which will make the final decision to authorize or reject the exception request.

The natural or legal persons referred to in Article 12, whose project has been approved by the National Directorate of Aquatic Resources, must submit the corresponding permit application to this body. The application must be accompanied by: proof of legal association with the vessel to be used, which is registered, listed for fishing activities, and has a valid Certificate of Seaworthiness issued by the Maritime Authority; the technical data sheet of the vessel, which will be provided by the National Directorate of Aquatic Resources; and proof of the guarantee established in accordance with the respective requirements. In the case of legal persons, additional documentation must also be provided, proving their incorporation, domicile, and representation. This application—which shall be considered a sworn statement—must be updated whenever there is any modification to the information provided.

The National Directorate of Aquatic Resources will process the application, forwarding it duly instructed to the Ministry of Livestock, Agriculture, and Fisheries for consideration and, if applicable, for the issuance of the corresponding resolution. If the permit is granted, the proceedings will be sent back to the National Directorate of Aquatic Resources for its issuance, proceeding with registration in the General Register of Fishing and Aquaculture, subject to the payment of the fee if applicable.

The fishing permit will be issued in a document authorizing the permit holder to carry out fishing activities with a specified vessel or from land without a vessel, conditional on compliance with current regulations and with the content stipulated in Article 21. (*)Notes: See in this regulation, Articles 18 and 34.

Notwithstanding the formalities required by the National Directorate of Aquatic Resources, fishermen operating from land and artisanal fishermen are exempt from submitting projects with the requirements outlined in the previous articles. They must apply in the form, conditions, and with the requirements established by the aforementioned Directorate. Sport fishing may be freely practiced, provided there are no prohibitions, according to Article 44 of the regulating Law.

Aquatic fishing or hunting rights that may pertain to the country, in accordance with the Antarctic Treaty approved by Decree-Law No. 14.971 of December 14, 1979, will be allocated by the National Directorate of Aquatic Resources and will be governed by the provisions of this Decree, Law No. 19.175, and applicable international regulations.

In locations where there are no offices of the National Directorate of Aquatic Resources, applications for fishing permits from land and artisanal fishing may be submitted to relevant offices (such as Prefectures, Sub-Prefectures, Citizen Service Centers, among others), which must forward them immediately to the Directorate for processing.

Content. Fishing permits, authorizations, and concessions, as applicable, will include, among other information: a) Permit, authorization, or concession number; b) Identification of the holder (natural or legal person, identification document or RUT, and address); c) Identification of the vessel for which the fishing permit is granted (except for land-based fishing) and the commercial or aquaculture establishment, processing plant, or means of transport; d) Specification of fishing gear and equipment, if applicable; e) Description of the type of fishing, authorized species, and fishing area; f) Processing, transformation, or treatment on board of the retained catch; g) Validity period and conditions under which it may be revoked or suspended; h) Identification of the base port(s) from which operations will be conducted; i) Any other stipulations that the National Directorate of Aquatic Resources considers necessary for the optimal use and preservation of fishery resources. The land-based fishing permit will adhere to the above requirements to the extent applicable. The fishing permit or its authenticated copy for vessels must be carried on board, and land-based fishermen must present it when requested. (*)Notes: Text amended by: Decree No. 269/018 of August 27, 2018, Article 1. ORIGINAL TEXT: Decree No. 115/018 of April 24, 2018, Article 21.

Validity. Commercial, artisanal, and industrial fishing permits will be granted for periods of 5 or 10 years and may be renewed for the same periods as provided in Article 35 of the regulating Law.

Renewal. Applications for the renewal of commercial, artisanal, and industrial fishing permits must be submitted before their expiration on forms prepared by the National Directorate of Aquatic Resources. These, once duly completed, will be forwarded to the Ministry of Livestock, Agriculture, and Fisheries for consideration. The National Directorate of Aquatic Resources will not process renewal applications for commercial fishing permits if the applicant does not demonstrate that they are up to date with their obligations to the agency.

Commercial fishing permits for vessels over 10 gross tons will be authorized by the Minister of Livestock, Agriculture, and Fisheries, taking into account the target species and the characteristics of the vessels according to the following classification: Category A: Includes vessels targeting hake and species from the same ecosystem or associated with hake, provided that their fishing power and characteristics are deemed adequate by the National Directorate of Aquatic Resources. These vessels are not allowed to operate in the Río de la Plata nor land coastal species, especially those that are fully exploited. Unloading croaker is prohibited, although incidental catch of whiting (C. guatucupa) and other species will be allowed within the percentages established by the National Directorate of Aquatic Resources, depending on the area of operation. Category B: Includes vessels targeting croaker, whiting, and species from the same ecosystem or associated with them, provided that their fishing power and characteristics are deemed adequate by the National Directorate of Aquatic Resources. Category C: Includes vessels engaged in fisheries not covered by the previous categories, i.e., those targeting species other than hake, croaker, or whiting. The National Directorate of Aquatic Resources may set the percentage of incidental catches to be landed on each trip. Category D: Includes vessels exclusively authorized to operate outside the jurisdictional waters of the Eastern Republic of Uruguay and the Common Fishing Zone established in the Treaty of the Río de la Plata and its Maritime Front.

Fishing vessels authorized in the identified categories must comply with the regulations of international treaties and agreements ratified by the Republic.

The Executive Power may grant fishing permits to foreign-flagged vessels to conduct activities involving the exploitation of living resources in the area between 12 and 200 nautical miles, not exceeding the line established by Article 70 of the Treaty of the River Plate and its Maritime Front. They are expressly prohibited from entering the waters under the jurisdiction of the Argentine Republic in the Common Fishing Zone and must comply with the conditions set forth in this Decree and the regulating law, as applicable. (*)Notes: See in this regulation, Article 138.

Applications for fishing permits for foreign-flagged vessels must be submitted to the National Directorate of Aquatic Resources by a national company or a legally constituted and domiciled legal entity in the country, acting as the representative of the vessel's owner or permit holder. In addition to the specifications established in Article 17, the following must be provided: a) Background of the applicant; b) Identification of all species to be extracted and the areas where the activity will take place; c) Characteristics of the vessel involved in the activities and its equipment, specific features of the gear, tackle, and/or fishing system to be used; d) A declaration by the agent or representative, who will be jointly responsible for any obligations of the represented party related to the fishing permit, payment for observers, and any violations of current legal or regulatory provisions; e) Establishment of the corresponding guarantee. (*)Notes: See in this regulation, Article 138.

Upon receiving the application, the National Directorate of Aquatic Resources will communicate it—detailing its essential aspects—to the Ministries of Foreign Affairs and National Defense, so that these ministries can provide any relevant observations within 10 business days from receipt. If no observations are made within this period, it will be understood as approval, and the proceedings will be submitted to the Executive Power.

Permits for fishing for scientific research purposes may be requested from the National Directorate of Aquatic Resources by individuals or entities for research or teaching purposes. The application must include a project proposal that, in addition to the specifications established in the regulating Law, must detail: a) Technical background of the applicants or institutions; b) General and specific objectives of the research project; c) Expected results, study duration, and activity schedule; d) Technical personnel involved in the research, including their resumes; e) Technical manager of the project, who will act as the technical representative to the National Directorate of Aquatic Resources; f) Characteristics of the vessel used for these activities, its equipment, specific features of the gear, tackle, and/or fishing system, as well as oceanographic equipment and other tools for the research; g) Areas to be investigated and the duration of the work; h) Identification of the hydrobiological species to be extracted as primary or secondary species; i) Destination of the catches and other products obtained from the research fishing; j) Commitment to present all data and results obtained from the research, including handling on board and processing on board or on land; k) Commitment not to publicly disclose data that could impact the development or management of fisheries without explicit authorization from the National Directorate of Aquatic Resources; l) Commitment to embark up to two experts at their own cost, determined by the National Directorate of Aquatic Resources, to monitor the activities and to sign necessary documents with the Directorate for the presence and working conditions of experts. Data provided to the National Directorate of Aquatic Resources will be used for fisheries management purposes and cannot be disclosed in any publication without the explicit authorization of the data provider. (*)Notes: The title of Chapter VII was established by Decree No. 269/018 dated August 27, 2018, Article 2. Text amended by: Decree No. 269/018 of August 27, 2018, Article 1. ORIGINAL TEXT: Decree No. 115/018 of April 24, 2018, Article 44.

The National Directorate of Aquatic Resources will determine the types of gear and fishing methods that may be used in different areas, considering the characteristics of the activity as well as the goals of conservation and sustainable development of hydrobiological resources.

Processing, transporting or commercializing fishing and aquaculture products whose legal origin cannot be accredited, species declared as endangered or declared in danger of extinction or with sizes smaller than those established.

Transshipping the fishery product to unauthorized vessels or disposing of such product before reaching the unloading port.