CLOSE

LAWYERS

SEARCH BY ALPHABETICAL ORDER

SEE ALL LAWYERS
CLOSE

PRACTICE AREAS

Fishery Newsletter – August 2020

COVID-19

CLOSED FISHING SEASON AND AUTHORIZATIONS

I. The First Fishing Season 2020 of the anchovy and white anchovy resource corresponding to the North – Central Zone was concluded, and other provisions were dictated

Through Ministerial Resolution No. 263-2020-PRODUCE, published in the Official Gazette “El Peruano”, on August 6, 2020, the First Fishing Season 2020 of the anchovy resource (Engraulis ringens) and white anchovy (Anchoa nasus) corresponding to the North – Central Zone was concluded in the maritime area between the extreme north of Peru’s maritime domain and 16°00’SL, starting at 00:00 hours on August 15, 2020. The unloading of the anchovy resource (Engraulis ringens) and white anchovy (Anchoa nasus) extracted within the framework of the First Fishing Season 2020 in the North – Central Zone, must be carried out within 24 hours of the end of the season. The processing of the anchovy resource (Engraulis ringens) and white anchovy (Anchoa nasus) extracted within the framework of the First Fishing Season 2020 in the North – Central Zone, must be carried out within 48 hours of the end of the season.

II. IMARPE is authorized to carry out an Exploratory Fishing of the mahi mahi or dorado resource from September 05 to September 30, 2020

Through Ministerial Resolution No. 274-2020-PRODUCE, published in the Official Gazette “El Peruano”, on August 21, 2020, the Institute of the Peruvian Sea – IMARPE is authorized to carry out an Exploratory Fishing of the mahi mahi or dorado resource (Coryphaena hippurus ), from September 05 to September 30, 2020, with the aim of obtaining biological-fishery information on the aforementioned resource. Natural or legal persons who have a valid fishing permit to operate artisanal vessels may participate in Exploratory Fishing including those granted in the framework of Supreme Decree No. 006-2016-PRODUCE and amendments. Also, natural or legal persons who use a fishing log, and comply with the provisions set forth in Article 3 of the aforementioned Ministerial Resolution.

III. The extractive activity of the Hake resource carried out by trawlers was suspended between 05°00’S and 05°20’S of the Peruvian maritime domain

Through Ministerial Resolution No. 282-2020-PRODUCE, published in the Official Gazette “El Peruano”, on August 24, 2020, the extractive activity of the Hake resource (Merluccius gayi peruanus) carried out by trawlers was suspended, between 05°00’S and 05°20’S of the Peruvian maritime domain, for a period of seven (7) calendar days, starting at 00:00 hours on August 25, 2020.

IV.The Second Fishing Season for the anchovy and white anchovy resource of the North – Central Zone of the year 2019 shall not be considered for the fulfillment by the shipowners of the obligation to extract 80% of the Maximum Catch Limit per Vessel – LMCE

Through Ministerial Resolution No. 285-2020-PRODUCE, published in the Official Gazette “El Peruano” on August 27, 2020, it is exceptionally determined that the Second Fishing Season for the anchovy (Engraulis ringens) and white anchovy (Anchoa nasus) resource of the North – Central Zone of the year 2019 shall not be considered for the fulfillment by the shipowners of the obligation to extract 80% of the Maximum Catch Limit per Vessel – LMCE in accordance with the provision contained in paragraph 1 of Article 11 of the Regulation of Legislative Decree No. 1084, Law on Maximum Catch Limits per Vessel, adopted by Supreme Decree No. 021-2008-PRODUCE.

GENERAL REGULATIONS

I. Supreme Decree adopted guidelines for the authorization of hydrobiological resources collection for the baseline survey of environmental studies and complementary environmental management instruments or for hydrobiological monitoring provided for in said documents

Through Supreme Decree No. 013-2020-PRODUCE, published in the Official Gazette “El Peruano” on August 1, 2020, the “Guidelines for the authorization of hydrobiological resources collection for the baseline survey of environmental studies and complementary environmental management instruments or for hydrobiological monitoring provided for in said documents was adopted. The guidelines are mandatory for all natural or legal persons that need to carry out hydrobiological resource collection activities, the organizational units of the Ministry of Production, as well as the competent public bodies, as applicable.

II. Approval of the “Protocol for the classification of processing plants within the framework of risk-based processes health control”

Through Executive Presidency Resolution No. 051-2020-SANIPES/PE, published in the Official Gazette “El Peruano”, on August 04, 2020, the “Protocol for the classification of processing plants within the framework of risk-based processes health control” was adopted on the basis of the reasons set forth in the considerations of this Resolution.

III. Supreme Decree amending Supreme Decree No. 006-2016-PRODUCE establishes general provisions for the strengthening of artisanal fisheries in production chains

Through Supreme Decree No. 015-2020-PRODUCE, published in the Official Gazette “El Peruano”, on August 13, 2020, Articles 4, 5 and 6 of Supreme Decree No. 006-2016-PRODUCE, which establishes general provisions for the strengthening of artisanal fisheries in production chains, were amended. Likewise, the Sole Transitory Complementary Provision of the aforementioned Supreme Decree was repealed.

IV.Approval of the implementation of the “Pilot Project to optimize health criteria for the processing of fishery products for direct human consumption for export purposes”

Through Executive Presidency Resolution No. 056-2020-SANIPES/PE, published in the Official Gazette “El Peruano” on August 15, 2020, the implementation of the “Pilot Project to optimize health criteria for the processing of fishery products for direct human consumption export purposes”, was adopted for a period of one (01) year from August 15, 2020 to August 15, 2021, as provided in Supreme Decree No. 012-2020-PRODUCE.

V. Approval of the “Protocol for the Monitoring Effluents from Industrial Fishing Establishments for Direct and Indirect Human Consumption”

Through Ministerial Resolution No. 271-2020-PRODUCE, published in the Official Gazette “El Peruano”, on August 15, 2020, the “Protocol for Monitoring Effluents from Industrial Fishing Establishments for Direct and Indirect Human Consumption” was adopted. The owners of industrial fishing establishments that have a current operating license for the processing of hydrobiological products intended for direct and indirect human consumption must submit to the Agency for Environmental Assessment and. Enforcement (OEFA), the results of physical-chemical analysis and the corresponding reports as appropriate, with the frequency and terms established in the Protocol for Monitoring Effluents from Industrial Fishing Establishments for Direct and Indirect Human Consumption adopted by article 1 of the aforementioned Ministerial Resolution.

VI. Draft of the “Ministerial Resolution that adopts the conservation and ordering measures for the sustainable use of the octopus resource (Octopus mimus) in the area of ​​the Guano Islands, Islets, and Capes National Reserve System form Peru (RNSIIPG-Capes) , located in the province of Ilo, department of Moquegua” was published

Through Ministerial Resolution No. 272-2020-PRODUCE, published in the Official Gazette “El Peruano”, on August 16, 2020, the draft of the “Ministerial Resolution that adopts the conservation and ordering measures for the sustainable use of the octopus resource (Octopus mimus) in the area of the Guano Islands, Islets, and Capes National Reserve System form Peru (RNSIIPG-Capes), located in the province of Ilo, department of Moquegua” was published as well as the corresponding Annexes, in the Institutional Portal of the Ministry of Production (www.gob.pe/produce), in order to receive opinions, comments and/or suggestions from citizens, for a period of five (05) calendar days, starting on  July 17, 2020.

VII. Approval of the “Health Technical Procedure for the surveillance of diseases affecting hydrobiological resources”

Through Ministerial Resolution No. 058-2020-SANIPES/PE, published in the Official Gazette “El Peruano”, on August 19, 2020, the “Health Technical Procedure for the surveillance of diseases affecting hydrobiological resources” was adopted.

VIII. Updating of the control model and certain test frequencies for chemical pollutants referred to in the “Manual of Health and Safety Indicators for Fishery and Aquaculture Products for the National and Export Market”

Through Resolution of the Executive Presidency No. 059-2020-SANIPES/PE, published in the Official Gazette “El Peruano”, on August 19, 2020, it is resolved to update the control model and certain test frequencies of chemical pollutants (heavy metals and environmental).

IX.Supreme Decree amending Supreme Decree No. 016-2016-PRODUCE establishes measures to authorize operations in Peruvian ports and shipyards of foreign flag vessels that carry out fishing activities of highly migratory, straddling or transboundary hydrobiological resources on the high seas

Through Supreme Decree No. 016-2020-PRODUCE, published in the Official Gazette “El Peruano”, on August 27, 2020, the conditions for the arrival at national ports, established in Article 3 of Supreme Decree No. 016-2016- PRODUCE, are amended. This updated Supreme Decree establishes measures to authorize operations in Peruvian ports and shipyards of foreign flag vessels that carry out fishing activities for highly migratory, straddling or transboundary hydrobiological resources on the high seas.

APPOINTMENTS

I.Advisor II of the Headquarters of the National Fisheries Development Fund – FONDEPES was appointed

Through Administrative Resolution No. 073-2020-FONDOPES/J, published in the Official Gazette “El Peruano”, on August 5, 2020, Mrs. María Teresa Ramírez – Otárola Sarmiento was appointed as Advisor II of the Headquarters of the National Fisheries Development Fund – FONDEPES

II. Advisor II of the Vice-Ministerial Office of Fisheries and Aquaculture was appointed

Through Ministerial Resolution No. 00268-PRODUCE, published in the Official Gazette “El Peruano”, on August 13, 2020, Mr. Raúl Armando Flores Romani was appointed as Advisor II of the Vice-Ministerial Office of Fisheries and Aquaculture of the Ministry of the Production.

III. Advisor II of the Vice-Ministerial Office of Fisheries and Aquaculture was appointed

Through Ministerial Resolution No. 00269-PRODUCE, published in the Official Gazette “El Peruano”, on August 23, 2020, Mr. Cesar Augusto Yonashiro Ynafuku was appointed as Advisor II of the Vice-Ministerial Office of Fisheries and Aquaculture of the Ministry of Production.