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.

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.

To carry out the following activities, it will be necessary to present a project for approval: - incorporation of fishing vessels larger than 10 Gross Register Tons with their fishing gear and equipment;

- change of category of fishing vessels larger than 10 Gross Register Tons with valid fishing permit;

- temporary or definitive replacement of fishing vessels larger than 10 Gross Register Tons with a valid fishing permit;

- changes in fishing gear or equipment, or modifications to fishing vessels larger than 10 Gross Register Tons with a valid fishing permit;

- processing operations or transformation operations of the catch on board;

- installation of a fishing plant;

- substantial modification of the industrial process installed in fishing companies with current authorization as well as other modifications that result from operational changes in the flow diagram initially presented to the National Directorate of Aquatic Resources;
- replacement or incorporation of new industrialization processes in fishing plants with current authorization which require a new authorization;
- carrying out aquaculture activities, with the exception of cases of cultivation for self-consumption;
- activities with marine mammals and water birds;
- scientific and recreational fishing activities when appropriate.