CLOSE

LAWYERS

SEARCH BY ALPHABETICAL ORDER

SEE ALL LAWYERS
CLOSE

PRACTICE AREAS

Fishery Newsletter – December 2019

FISHERY NEWSLETTER

CLOSED FISHING SEASON AND AUTHORIZATIONS

I. Financial Transfer to the Comptroller General of the Republic of Peru intended for the contracting of an audit firm that will carry out external post-control activities on IMARPRE is authorized

Through Resolution of the Ministerial Scientific Executive Direction N° 257-2019-IMARPE/DEC, published in the Official Gazette “El Peruano” on December 3, 2019, the Financial Transfer of Item 240 is authorized: Peruvian Institute of the Sea – IMARPE for an amount of S/ 32,494.50 (Thirty-two Thousand, Four Hundred Ninety Four and 50/100 Soles) via Source of Finance 1: Ordinary resources, in favor of the Comptroller General of the Republic of Peru, to finance the transfer of fifty (50%) of the financial compensation, IGV included, for the audit period 2019, corresponding to the expenditure for contracting the audit firm that will be in charge of the external post-control activities on IMARPE.

II. The extraction activities of the hake resource carried out by industrial trawlers in the Peruvian maritime domain are suspended

Through Ministerial Resolution N° 527-2019-PRODUCE published in the Official Gazette “El Peruano” on December 5, 2019, the extractive activity of the hake resource (Merluccius gayi peruanus) carried out by industrial trawlers between parallels 03 °30’S and 04°00’S of the Peruvian maritime domain is suspended for a period of seven (7) calendar days, this will be effective from 00:00 hours on December 6, 2019.

III. The extraction activities of the hammerhead sharks resource concludes

Through Ministerial Resolution N° 532-2019-PRODUCE published in the Official Gazette “El Peruano” on December 7, 2019, the extraction activities of the hammerhead shark resource (Sphyrna zygaena) is deemed to be concluded, this will be effective from 00:00 hours on December 7, 2019.

IV. The extraction activities of the hake resource carried out by industrial trawlers in the Peruvian maritime domain are suspended

Through Ministerial Resolution N° 539-2019-PRODUCE published in the Official Gazette “El Peruano” on December 17, 2019, the extraction activities of the hake resource (Merluccius gayi peruanus) carried out by industrial trawlers between parallels 04°40’S y 05°20’S of the Peruvian maritime domain are suspended for a period of seven (7) calendar days, this will be effective from 00:00 hours on December 18, 2019.

V. It is exceptionally established that the fishing season of the freshwater shrimp in public water bodies of the western slopes of the Andes is extended until January 1, 2020

Through Ministerial Resolution N° 542-2019-PRODUCE published in the Official Gazette “El Peruano” on December 20, 2019, it is exceptionally established that the fishing season of the freshwater shrimp (Cryphiops caementarius and Macrobrachium spp) in public water bodies of the western slopes of the Andes is extended until January 1, 2020, therefore, the extraction, processing, commercialization and use of the resource is prohibited from January 2 to March 31, 2020.

VI. The extraction activities of the hake resource carried out by industrial trawlers in the Peruvian maritime domain are suspended

Through Ministerial Resolution N° 542-2019-PRODUCE published in the Official Gazette “El Peruano” on December 20, 2019, the extraction activities of the hake resource (Merluccius gayi peruanus) carried out by industrial trawlers between parallels 03°30’S y 04°00’S of the Peruvian maritime domain are suspended for a period of seven (7) calendar days, this will be effective from 00:00 hours on December 21, 2019.

VII. The extraction activities of the anchovy and longnose anchovy resource carried out within the first 30 miles off the coast are suspended

Through Ministerial Resolution N° 544-2019-PRODUCE published in the Official Gazette “El Peruano” on December 20, 2019, the extraction activities of the Anchovy resource (Engraulis ringens) and longnose Anchovy resource (Anchoa nasus) between parallels 08°00’S and 15°00’S of the first 30 miles off the coast are suspended for a period of ten (10) calendar days, starting from 00:00 hours on the day following the publication of this Ministerial Resolution.

VIII. The extraction activities of the cod resource are concluded for the year 2019

Through Ministerial Resolution N° 545-2019-PRODUCE published in the Official Gazette “El Peruano” on December 20, 2019, the extraction activities of the deep water cod resource (Dissostichus eleginoides) for year 2019, this will be effective from 00:00 hours on December 22, 2019.

IX. The extraction activities of the hake resource carried out by industrial trawlers in the Peruvian maritime domain are suspended

Through Ministerial Resolution N° 547-2019-PRODUCE published in the Official Gazette “El Peruano” on December 24, 2019, the extraction activities of the hake resource (Merluccius gayi peruanus) carried out by industrial trawlers between parallels 05°20’S and 06°00’S of the Peruvian maritime domain are suspended for a period of seven (7) calendar days, this will be effective from 00:00 hours on December 25, 2019.

X. The extraction activities of the anchovy and longnose anchovy resources carried out within the first 30 miles off the coast are suspended

Through Ministerial Resolution N° 552-2019-PRODUCE published in the Official Gazette “El Peruano” on December 31, 2019, the extraction activities of the Anchovy resource (Engraulis ringens) and longnose Anchovy resource (Anchoa nasus) between parallels 08°00’S and 15°00’S of the first 30 miles off the coast are suspended from 00:00 hours on the day following the publication of this Ministerial Resolution. This suspension will be effective until IMARPE determines the restart of the extraction activities.

GENERAL REGULATIONS

I. The publication of the draft “Supreme Decree that includes article 5-A in the Regulation on Fishing Laws of the Anchovy Resource for Direct Human Consumption approved by Supreme Decree N° 005-217-PRODUCE” and its Statement of Reasons is ordered.

Through Ministerial Resolution N° 524-2019-PRODUCE published in the Official Gazette “El Peruano” on December 4, 2019, the publication in the Portal of the Ministry of Production (https://www. gob.pe/produce) of the draft “Supreme Decree that includes article 5-A in the Regulation on Fishing Laws of the Anchovy Resource for Direct Human Consumption approved by Supreme Decree N° 005-217-PRODUCE” and its statement of reasons is ordered so that the opinions, comments and/or suggestions from the citizens can be received for a period of twenty (20) calendar days, counted from December 5, 2019.

II. The Total Maximum Catch Limit for Direct Human Consumption of the anchovy resources for 2019 was modified.

Through Ministerial Resolution ° 525-2019-PRODUCE published in the Official Gazette “El Peruano” on December 4, 2019, the first paragraph of article 1 of Ministerial Resolution N° 313-2019-PRODUCE was modified, which now reads as follows:

Article 1.- Total Maximum Catch Limit for Direct Human Consumption of the anchovy resources

To establish the Total Maximum Catch Limit for Direct Human Consumption of the anchovy resource for 2019 in one hundred eighty thousand (180,000) tons corresponding to the entire coastline, in accordance to the provisions of the Regulation on the Fishing Law of the anchovy resource for Direct Human Consumption approved by Supreme Decree N° 005-2017-PRODUCE and its amendment, which will be exclusively intended for direct human consumption. 

 (…)”.

III. Ministerial Resolution N° 003-2019-PRODUCE by which the catch limit of the bonito resource for 2019 was amended

Through Ministerial Resolution N° 530-2019-PRODUCE published in the Official Gazette “El Peruano” on December 7, 2019, the first paragraph of point 1.1 of article 1 of Ministerial Resolution N° 003-2019-PRODUCE was amended, which now reads as follows:

“Article 1. – Establishment of the catch limit of the bonito resource

1.1 To establish the catch limit of the bonito resource (Sarda Chiliensis) for 2019 in eighty-four thousand (84,000) tons, applicable to the extraction activities carried out by artisanal fishing vessels and those being authorized by the administrative right.

 (…)”.

IV. Article 1 of Ministerial Resolution N° 213-2019-PRODUCE is amended in relation to the fishing catch quota of giant squid for 2019

Through Ministerial Resolution N° 533-2019-PRODUCE published in the Official Gazette “El Peruano” on December 11, 2019,          Article 1 of Ministerial Resolution N° 213-2019-PRODUCE (amended by Ministerial Resolution N° 475-2019-PRODUCE) is amended, which now reads as follows:

Article 1.- Fishing catch quota of giant squid (Dosidicus gigas)

To establish the fishing catch quota of giant squid (Dosidicus gigas) for 2019 in Five Hundred Sixty Thousand (560,000) tons. 

(…).

V. Metrological control of Discontinuous totalizing automatic weighing instrument – Totalizing Hopper Weighers

Through Director’s Resolution N° 015-2019-INACAL/DN published in the Official Gazette “El Peruano” on December 12, 2019, the metrological control of discontinuous totalizing automatic weighing instrument (totalizing Hopper weighers) is approved, and will be carried out by Metrological Verification Units (UVM) recognized by the Metrology Bureau of INACAL.

VI. The publication of the draft “Supreme Decree that establishes the measures to ensure continuity of aquaculture development by the holders of authorizations for restocking marine ecosystems, granted pursuant to Law N° 27460 and Supreme Decree Nº 030-2001-PE” was ordered

Through Ministerial Resolution Nº 548-2019-PRODUCE published in the Official Gazette “El Peruano” on December 24, 2019, the publication in the Institutional Portal of the Ministry of Production (www.gob.pe/produce) of the following draft was ordered: “Supreme Decree that establishes the measures to ensure continuity of aquaculture development by the holders of authorizations for restocking marine ecosystems, granted pursuant to Law N° 27460, Law of Promotion and Development of Aquaculture and its Regulation, and Supreme Decree Nº 030-2001-PE, by adaptation to the production categories established in Legislative Decree N° 1195 that approves the General Aquaculture Law and its Regulation, approved by Supreme Decree Nº 003-2016-PRODUCE”, as well as the statement of reasons, so that the opinions, comments and / or suggestions from the citizens can be received for a period of ten (10) calendar days, counted from December 25, 2019.

VII. Version 2019 of the Peruvian Technical Standards (NTP) related to frozen squid, electrical household appliances and similar products, vehicle tires, management of waste from construction activities and others is approved.

Through Director’s Resolution N° 028-2019-INACAL/DN published in the Official Gazette “El Peruano” on December 26, 2019, the following Peruvian Technical Standards version 2019 are approved.

“NTP 204.057:2014 (reviewed in 2019)

FROZEN SQUID.

Requirements. 2nd Edition

Replaces NTP 204.057:2014”

VIII. The Fee Schedule of the Technological Services from the Center for Production Innovation and Agro-industrial Technology Transfer Huallaga – CITEagroindustrial Huallag is modified

Through Executive Resolution 334-2019-ITP/DE published in the Official Gazette “El Peruano” on December 30, 2019, thirty three (33) technology transfer services were included, which are related to technology transfer services such as (i) technical assistance; (ii) design, development and/or improvement of products; (iii) production support; and (iv) laboratory. In addition, they are also included in the training services such as (i) production and (ii) management. Finally, the investigation of new plans and solutions are included in the Investigation, Development and Innovation Services.

IX. The Fee Schedule of the Technological Services from the Center for Production Innovation and Fishing Technology Transfer Ilo-CITEpesquero Ilo, is modified

Through Executive Resolution N° 334-2019-ITP/DE published in the Official Gazette “El Peruano” on December 20, 3019, the Specialized Consulting Service No. 1 related to the technical assistance for the implementation of the SCORE Program was modified. In addition, this Resolution eliminates the Specialized Consulting Service No. 3 called “Formulation of Technical Proposals” of the abovementioned Fee Schedule.

APPOINTMENTS

I. The General Manager of the National Fisheries Development Fund (FONDEPES) is appointed

Through Head Office Resolution N° 171-2019-FONDEPES/J published in the Official Gazette “El Peruano” on December 21, 2019, Mr. José Luis Cabrera Ramírez is appointed as General Manager of the National Fisheries Development Fund – FONDEPES.