Vessel Ownership & Legal Responsibility

Decree 115/18

Does the law/regulation require information about the beneficial owner of the vessel?

  • Article 12

    Translated text:

    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.

  • Article 15

    Translated text:

    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.

Law No. 19,175

Does the law/regulation require information about the beneficial owner of the vessel?

  • Article 28

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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

    Translated text:

    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.