Law No. 19,175

The provisions of this law also apply to Uruguayan flag fishing vessels that operate in waters outside their jurisdiction, in accordance with international agreements and conventions.

DINARA is responsible for: “19) Proposing to the Executive Branch representatives on national or international commissions that the country integrates in fishing and aquaculture matters.

Repeals).- All laws and decrees that directly or indirectly oppose this law are repealed, except for ratified international standards on the matter.

DINARA is responsible for:

1. Guiding, promoting, and developing all aspects of activities related to the responsible utilization of hydrobiological resources, the ecosystems that contain them, and the derived industries at the public and private levels.
2. Promoting active participation in the administration of hydrobiological resources by all interested parties through the Fisheries Consultative Council, the Aquaculture Consultative Council, and the Regional Fisheries Councils. DINARA's powers include: A) Executing and controlling all activities related to fishing and aquaculture in accordance with this law. B) In accordance with the regulations that are issued, following the procedures and criteria indicated therein, proceed to:
3. Receiving applications for permits, authorizations, and concessions, which will be granted by the Ministry of Livestock, Agriculture, and Fisheries.
4. Acting as the official authority in food safety and quality for fish and aquaculture products, issuing corresponding national and international certificates.
5. Act as the competent official authority on the health and food safety of species subject to cultivation.
6. Setting minimum landing size and weight for catchable species.
7. Determining fishing methods and gear.
8. Establishing closed seasons, species, and zones, considering ecosystem criteria and critical habitats.
9. Determining allowable catch quotas and volumes and modifying them in exceptional cases.
10. Establishing a national fishing and aquaculture information system, including relevant records.
11. Prohibiting fishing vessels from remaining in closed areas, reserves, refuges, or nurseries if deemed appropriate.
12. Setting and modifying landing percentages by species relative to the total landing, considering fishing methods, species, and population interdependence.
13. Declaring a resource or set of fish resources fully exploited if necessary.
14. Establishing zones and subzones for better management of fish resources exploited by artisanal fishermen.
15. Proposing incentive measures to the Executive Branch for activities leading to sustainable fishing development and aquaculture promotion.
16. Promoting scientific research for proper hydrobiological resource management, establishing and managing aquaculture stations, nurseries, and repopulation areas.
17. Investigating, projecting, and managing marine mammal exploitation methods.
18. Controlling handling, transportation, processing, distribution, storage, and commercialization of hydrobiological products and their derivatives, coordinating with other competent authorities for the internal or external market.
19. Advising the Executive Branch on matters related to fishing, aquatic hunting, and aquaculture.
20. Acting as the control body for activities directly or indirectly related to fishing or aquaculture derived from international agreements or treaties.
21. Proposing national or international commission representatives in fishing and aquaculture matters to the Executive Branch.
22. Ensuring compliance with commitments made to international organizations in fishing, aquaculture, and hydrobiological resource conservation.
23. Promoting aquaculture development in all its production stages through research, extension, and dissemination activities.
24. Determining sanctions in the case of violations to this law, international agreements signed by the country, regulatory provisions, or resolutions, following a non-binding opinion from the Ministry of Livestock, Agriculture, and Fisheries' Legal Services Division.
25. Receiving and allocating economic revenues from fees, taxes, access rights, and fines according to current regulations.

All forms of exploitation of hydrobiological resources using poison, explosives, or any other practice causing destructive effects, as well as the dumping of substances that in any form destroy the ecosystem, are prohibited.

All forms of exploitation of hydrobiological resources using poison, explosives, or any other practice causing destructive effects, as well as the dumping of substances that in any form destroy the ecosystem, are prohibited.

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 following shall be considered very serious violations:

1. Fishing with vessels authorized for industrial fishing in waters designated for inland fishing or in zones reserved for artisanal fishing.
2. The use and possession, in industrial fishing, of unauthorized fishing gear and methods.
3. The capture or extraction of species other than those authorized.
4. Capturing or extracting hydrobiological resources declared under ban.
5. Processing, transporting, or marketing fishing and aquaculture products whose legal origin cannot be proven, species declared under ban, or species declared endangered or with sizes smaller than those established.
6. Processing, transporting, or marketing fishing and aquaculture products that pose a risk to public health, as well as products that do not comply with health and safety standards. They must also meet industrial safety and environmental preservation requirements.
7. Changing the vessels used for others with greater fishing capacity for the fishing activity, without the corresponding authorization.
8. Throwing toxic plants, chemical products, or explosives into the waters.
9. Conducting aquaculture activities without the pertinent authorization or concession, when causing serious damage.
10. Importing or cultivating exotic species without the authorization referred to in Article 64 of this law.
11. Failure to comply with the environmental conditions referred to in Article 61 of this law.
12. Failure to comply with the sanitary conditions referred to in Article 59 of this law.

The following are considered serious infractions: 1) The use and possession on board, in artisanal fishing, of unauthorized fishing gear and methods. 2) Treat bycatch differently than provided by the National Directorate of Aquatic Resources (DINARA). 3) Transfer the result of fishing to unauthorized vessels or dispose of such product before arriving at the port of disembarkation. 4) Treat waste differently from what is established by DINARA. 5) Provide the competent authorities with false, incorrect or incomplete information in relation to fishing and aquaculture.

The National Directorate of Aquatic Resources (DINARA), with the prior consent of the Ministry of Livestock, Agriculture, and Fisheries, is authorized to appoint or contract national technical observers to board fishing vessels for the purpose of fulfilling the tasks of observing and documenting fishing operations, industrial processing, research, and supplying all scientific, biological, and technical information requested by DINARA.

The President of the Republic, in agreement with the Ministries of Livestock, Agriculture, and Fisheries and Economy and Finance, and with the favorable opinion of the Office of Planning and Budget, shall annually establish the amount of per diem allowances to be received by the observers referred to in the preceding article. This amount shall be established considering the characteristics, conditions, and terms of the campaigns to be carried out by the vessel in question and shall be paid by the fishing permit holders to the National Directorate of Aquatic Resources of the Ministry of Livestock, Agriculture, and Fisheries, in the manner and conditions established by regulations. Fishing permit holders shall also be obliged to provide accommodation and food to the observers.

Transshipment of products from fishing activities in waters and ports is prohibited, except for export, in which case transshipment must always take place in port and under the control of competent authorities. The National Directorate of Aquatic Resources may authorize, by reasoned resolution, transshipment of products at sea destined for national ports, when it considers such operation appropriate for duly accredited technical reasons and under the control of the competent authority.

Access to the exploitation of fishery and aquaculture resources may only be granted to natural or legal persons domiciled in the territory of the Republic, who have obtained the corresponding permits and comply with the other conditions established by this law and its regulations. In the case of private legal entities, they may hold fishing permits when all of their share capital is represented by social quotas or nominative shares, the ownership of which belongs entirely to natural persons. The Executive Branch, upon request of the interested party and by reasoned resolution, may exempt private legal entities from the provisions of the previous paragraph, if the number of members, shareholders, or the nature of the company prevents the entire share capital from being exclusively owned by natural persons.

The Executive Branch may establish the payment of access fees for the exploitation of hydrobiological resources. Holders of scientific research fishing permits may be exempted from paying such fees. Subsistence fishing shall be exempt from paying any fee or tax.

The amount of fees due for permits shall be determined by the Executive Branch, with the advice of the National Directorate of Aquatic Resources.

The National Directorate of Aquatic Resources may grant or deny access, taking into account the principle of long-term sustainability of hydrobiological resources, the proportionality between fishing or extractive effort and production capacity, management, and the applicant's background, as well as relevant socio-economic and environmental factors.

Natural or legal persons wishing to engage in fishing activities must submit to the National Directorate of Aquatic Resources, prior to submission and approval of the respective management project, the permit, authorization, or concession as appropriate and in accordance with the procedures established by regulations. Preference shall be given to applicants who demonstrate the use of appropriate technologies and the use of domestically built vessels.

To grant a fishing permit to a natural or legal person, national or foreign, the constitution of a sufficient guarantee will be required for the fulfillment of the obligations imposed by national and international regulations, regardless of any damages that may be claimed. This obligation does not apply to holders of subsistence fishing permits and holders of artisanal fishing permits. When the applicant does not own the vessel to be used, in addition to the guarantee provided in the preceding paragraph, they must comply with any additional obligations imposed by the regulations.

The holders of permits, concessions, and authorizations, as well as fishing vessel owners, shall be personally and jointly responsible for the penalties determined in this law. Without prejudice to the foregoing, in the case of violations committed by national-flagged vessels, the National Directorate of Aquatic Resources shall send a copy of the proceedings to the National Coast Guard, for the corresponding investigation regarding the responsibility of the captain and/or shipmaster, who shall be penalized according to the severity of the violation committed, in accordance with the regulations of this law.

DINARA is responsible for:

1. Guiding, promoting, and developing all aspects of activities related to the responsible utilization of hydrobiological resources, the ecosystems that contain them, and the derived industries at the public and private levels.
2. Promoting active participation in the administration of hydrobiological resources by all interested parties through the Fisheries Consultative Council, the Aquaculture Consultative Council, and the Regional Fisheries Councils. DINARA's powers include: A) Executing and controlling all activities related to fishing and aquaculture in accordance with this law. B) In accordance with the regulations that are issued, following the procedures and criteria indicated therein, proceed to:
3. Receiving applications for permits, authorizations, and concessions, which will be granted by the Ministry of Livestock, Agriculture, and Fisheries.
4. Acting as the official authority in food safety and quality for fish and aquaculture products, issuing corresponding national and international certificates.
5. Act as the competent official authority on the health and food safety of species subject to cultivation.
6. Setting minimum landing size and weight for catchable species.
7. Determining fishing methods and gear.
8. Establishing closed seasons, species, and zones, considering ecosystem criteria and critical habitats.
9. Determining allowable catch quotas and volumes and modifying them in exceptional cases.
10. Establishing a national fishing and aquaculture information system, including relevant records.
11. Prohibiting fishing vessels from remaining in closed areas, reserves, refuges, or nurseries if deemed appropriate.
12. Setting and modifying landing percentages by species relative to the total landing, considering fishing methods, species, and population interdependence.
13. Declaring a resource or set of fish resources fully exploited if necessary.
14. Establishing zones and subzones for better management of fish resources exploited by artisanal fishermen.
15. Proposing incentive measures to the Executive Branch for activities leading to sustainable fishing development and aquaculture promotion.
16. Promoting scientific research for proper hydrobiological resource management, establishing and managing aquaculture stations, nurseries, and repopulation areas.
17. Investigating, projecting, and managing marine mammal exploitation methods.
18. Controlling handling, transportation, processing, distribution, storage, and commercialization of hydrobiological products and their derivatives, coordinating with other competent authorities for the internal or external market.
19. Advising the Executive Branch on matters related to fishing, aquatic hunting, and aquaculture.
20. Acting as the control body for activities directly or indirectly related to fishing or aquaculture derived from international agreements or treaties.
21. Proposing national or international commission representatives in fishing and aquaculture matters to the Executive Branch.
22. Ensuring compliance with commitments made to international organizations in fishing, aquaculture, and hydrobiological resource conservation.
23. Promoting aquaculture development in all its production stages through research, extension, and dissemination activities.
24. Determining sanctions in the case of violations to this law, international agreements signed by the country, regulatory provisions, or resolutions, following a non-binding opinion from the Ministry of Livestock, Agriculture, and Fisheries' Legal Services Division.
25. Receiving and allocating economic revenues from fees, taxes, access rights, and fines according to current regulations.

In the formulation of policies and in the drafting and application of fishery legislation, the precautionary principle in the conservation, management, and exploitation of hydrobiological resources and the ecosystems that contain them shall be respected in accordance with this law and the commitments undertaken by the country in the United Nations Convention on the Law of the Sea of December 10, 1982, approved by Law No. 17,082, of April 15, 1999, without prejudice to others that may be concluded.

In consideration of the preservation and proper exploitation of hydrobiological resources, the Executive Branch may establish limitations on the number of vessels dedicated to commercial fishing, as well as their fishing effort.

In order to monitor compliance with all activities related to fishing and aquaculture, in accordance with this law, the National Directorate of Aquatic Resources shall carry out inspection and surveillance actions through officials appointed for this purpose.

The National Directorate of Aquatic Resources (DINARA), with the prior consent of the Ministry of Livestock, Agriculture, and Fisheries, is authorized to appoint or contract national technical observers to board fishing vessels for the purpose of fulfilling the tasks of observing and documenting fishing operations, industrial processing, research, and supplying all scientific, biological, and technical information requested by DINARA.

Access to the exploitation of fishery and aquaculture resources may only be granted to natural or legal persons domiciled in the territory of the Republic, who have obtained the corresponding permits and comply with the other conditions established by this law and its regulations. In the case of private legal entities, they may hold fishing permits when all of their share capital is represented by social quotas or nominative shares, the ownership of which belongs entirely to natural persons. The Executive Branch, upon request of the interested party and by reasoned resolution, may exempt private legal entities from the provisions of the previous paragraph, if the number of members, shareholders, or the nature of the company prevents the entire share capital from being exclusively owned by natural persons.

The Executive Branch may establish the payment of access fees for the exploitation of hydrobiological resources. Holders of scientific research fishing permits may be exempted from paying such fees. Subsistence fishing shall be exempt from paying any fee or tax.

The amount of fees due for permits shall be determined by the Executive Branch, with the advice of the National Directorate of Aquatic Resources.

The National Directorate of Aquatic Resources may grant or deny access, taking into account the principle of long-term sustainability of hydrobiological resources, the proportionality between fishing or extractive effort and production capacity, management, and the applicant's background, as well as relevant socio-economic and environmental factors.

Natural or legal persons wishing to engage in fishing activities must submit to the National Directorate of Aquatic Resources, prior to submission and approval of the respective management project, the permit, authorization, or concession as appropriate and in accordance with the procedures established by regulations. Preference shall be given to applicants who demonstrate the use of appropriate technologies and the use of domestically built vessels.

To grant a fishing permit to a natural or legal person, national or foreign, the constitution of a sufficient guarantee will be required for the fulfillment of the obligations imposed by national and international regulations, regardless of any damages that may be claimed. This obligation does not apply to holders of subsistence fishing permits and holders of artisanal fishing permits. When the applicant does not own the vessel to be used, in addition to the guarantee provided in the preceding paragraph, they must comply with any additional obligations imposed by the regulations.

Fishing permits will be granted under the following conditions: A) The validity period of the permit will be five years. This period may be extended for equal periods under the conditions set by regulation. B) Notwithstanding the provisions of the previous paragraph, the validity period of the permits may be ten years for vessels belonging to companies with processing facilities located in the national territory, which continuously process and produce fishery products. This period may be extended for equal periods under the conditions set. Among other things, the conditions for renewal and the causes for suspension, expiration, or revocation of the permits will be established by regulation. The permits will contain specifications regarding fishing methods and gear for the type of fishery involved.

The National Directorate of Aquatic Resources may grant or deny access, taking into account the principle of long-term sustainability of hydrobiological resources, the proportionality between fishing or extractive effort and production capacity, management, and the applicant's background, as well as relevant socio-economic and environmental factors.

Natural or legal persons wishing to engage in fishing activities must submit to the National Directorate of Aquatic Resources, prior to submission and approval of the respective management project, the permit, authorization, or concession as appropriate and in accordance with the procedures established by regulations. Preference shall be given to applicants who demonstrate the use of appropriate technologies and the use of domestically built vessels.

Access to the exploitation of fishery and aquaculture resources may only be granted to natural or legal persons domiciled in the territory of the Republic, who have obtained the corresponding permits and comply with the other conditions established by this law and its regulations. In the case of private legal entities, they may hold fishing permits when all of their share capital is represented by social quotas or nominative shares, the ownership of which belongs entirely to natural persons. The Executive Branch, upon request of the interested party and by reasoned resolution, may exempt private legal entities from the provisions of the previous paragraph, if the number of members, shareholders, or the nature of the company prevents the entire share capital from being exclusively owned by natural persons. ARTICLE 29.- (Payment of access fees).- The Executive Branch may establish the payment of access fees for the exploitation of hydrobiological resources. Holders of scientific research fishing permits may be exempted from paying such fees. Subsistence fishing shall be exempt from paying any fee or tax. ARTICLE 30.- (Determination of fee amounts).- The amount of fees due for permits shall be determined by the Executive Branch, with the advice of the National Directorate of Aquatic Resources. ARTICLE 31.- (Access criteria).- The National Directorate of Aquatic Resources may grant or deny access, taking into account the principle of long-term sustainability of hydrobiological resources, the proportionality between fishing or extractive effort and production capacity, management, and the applicant's background, as well as relevant socio-economic and environmental factors. ARTICLE 32.- (Initiation of access procedure).- Natural or legal persons wishing to engage in fishing activities must submit to the National Directorate of Aquatic Resources, prior to submission and approval of the respective management project, the permit, authorization, or concession as appropriate and in accordance with the procedures established by regulations. Preference shall be given to applicants who demonstrate the use of appropriate technologies and the use of domestically built vessels. ARTICLE 33.- (Constitution of Guarantees).- To grant a fishing permit to a natural or legal person, national or foreign, the constitution of a sufficient guarantee will be required for the fulfillment of the obligations imposed by national and international regulations, regardless of any damages that may be claimed. This obligation does not apply to holders of subsistence fishing permits and holders of artisanal fishing permits. When the applicant does not own the vessel to be used, in addition to the guarantee provided in the preceding paragraph, they must comply with any additional obligations imposed by the regulations. ARTICLE 34.- (Fees).- The Executive Power, at the proposal of the National Directorate of Aquatic Resources, will annually set the amount of fees for the issuance of permits, concessions, authorizations, and inspections. ARTICLE 35.- (Term and Content of Permits).- Fishing permits will be granted under the following conditions: A) The validity period of the permit will be five years. This period may be extended for equal periods under the conditions set by regulation. B) Notwithstanding the provisions of the previous paragraph, the validity period of the permits may be ten years for vessels belonging to companies with processing facilities located in the national territory, which continuously process and produce fishery products. This period may be extended for equal periods under the conditions set. Among other things, the conditions for renewal and the causes for suspension, expiration, or revocation of the permits will be established by regulation. The permits will contain specifications regarding fishing methods and gear for the type of fishery involved. ARTICLE 36.- (Negotiability and Non-seizability).- It is prohibited to conduct any legal transaction involving permits, concessions, and/or authorizations, whether gratuitous or onerous, whether or not they involve a transfer of ownership. Agreements made in contravention of this prohibition will be null and void, and the maximum penalties provided in Chapter X of this law will be applied. Changes in the share capital or ownership of companies do not imply changes in the ownership of the granted permits. Transfers due to the death of the holder are exempt from the prohibition provided in the previous paragraph. Fishing permits are non-seizable. ARTICLE 37.- (Expiration of Permit Due to Inactivity).- The inactivity of a vessel in fisheries for the period determined by regulation according to each target species, which may not exceed one hundred and twenty days, will result in the expiration of the permit, except in cases of force majeure or other justified reasons. ARTICLE 38.- (Registration of Vessels).- Vessels used in fishing activities must prove registration in the national registry and fly the national flag. The Executive Branch, for justified reasons, may grant permits to foreign-flagged vessels in accordance with the respective regulations. ARTICLE 39.- (Quotas Derived from International Agreements).- The granting of rights to access the exploitation of quotas derived from international agreements will be governed by the same criteria used for granting permits for the exploitation of national resources, without prejudice to the specific clauses that our country may have agreed to in those agreements.