Foreign vessels that fail to land tuna in domestic plants are fined
By Supreme Decree No. 005-2021-PRODUCE published today February 25, 2021, the repeal of Article 134 of the Regulations of the General Fisheries Law adopted by Supreme Decree No. 012-2001-PE and code 102 of the Sanctions Table of the Regulations on Control and Sanctions of Fisheries and Aquaculture Activities adopted by Supreme Decree No. 017-2017-PRODUCE, was provided for.
The repealed Article and code provided for a fine sanction for the owners of foreign flag vessels engaged in the tuna fishery in the event that they had failed to land in national plants the mandatory percentage of tuna cargo, which is currently 30% as provided for in the Regulation on Tuna Fisheries Management, adopted by Supreme Decree No. 032-2003-PRODUCE.
The Regulation on Tuna Fisheries Management itself provides that in the event of non-compliance with the landing percentage, the letter of guarantee submitted by the owner of the foreign flag vessel to obtain the relevant fishing permit will be executed and that this, it also makes it impossible to obtain a new permit until it complies with the outstanding landing obligation. Therefore, and in application of the Principle of Reasonableness in the administrative sanctioning power provided for in the Single Ordered Text of the General Administrative Procedure Law (Law No. 27444), adopted by Supreme Decree No. 004-2019-JUS, it was considered appropriate to repeal the aforementioned fine.