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Fishery Newsletter – June 2019

FISHERY NEWSLETTER

CLOSED SEASON AND AUTHORIZATIONS

I. Suspension of anchovy and longnose anchovy resources fishing activities in maritime domain. Pursuant to Ministerial Order No. 242-2019-PRODUCE published in the Official Gazette “El Peruano” on June 1, 2019, it is set forth to suspend fishing activities of anchovy (Engraulis ringens) and longnose anchovy (Anchoa nasus) resources as of June 2, 2019, 00:00 hours for a 10-calendar day term in the area between 13°00’S and 13°30’S from 10 to 30 nautical miles.

II. Resumption of anchovy and longnose anchovy resources fishing activities by fishing vessels operating within the framework of the Ministerial Order No. 587-2018-PRODUCE. Pursuant to Ministerial Order No. 246-2019-PRODUCE published in the Official Gazette “El Peruano” on June 6, 2019, it is set forth to restart fishing activities of anchovy (Engraulis ringens) and longnose anchovy (Anchoa nasus) resources performed by fishing vessels within the framework of Ministerial Order No. 587-2018-PRODUCE from June 7, 2019, 00:00 hours in the maritime area between 16°00’LS and the southern end of the Peruvian maritime domain.

III. Approval of Transfer of Public Funds to the Marine Institute of Peru (IMARPE) in order to finance pre-investment studies, technical dossier and environmental studies. Pursuant to Ministerial Order No. 253-2019-PRODUCE published in the Official Gazette “El Peruano” on June 8, 2019, it is set forth to approve the Transfer of Public Funds charged against the 2019 Institutional Budget of the Budgetary Public Entity 038: Ministry of Production, Executing Unit 001: Ministry of Production through the “Directly Collected Resources” financing source to the Budgetary Public Entity 240: Marine Institute of Peru (IMARPE) up to the sum amounting to S/1’883,463.00 (ONE MILLION EIGHT HUNDRED EIGHTY-THREE THOUSAND FOUR HUNDRED SIXTY-THREE AND 00/100 SOLES). This Transfer of Public Funds aims to finance three (03) pre-investment studies started in 2018, two (02) new pre-investment studies, one (01) technical dossier of the Public Investment Projects (PIP) under unified code 2305978, and environmental studies for PIP environmental certification detailed in the Exhibit being integral part of this Order, within the framework of the Forty-Fourth Final Supplementary Provision of Act No. 30879.

IV. Official recognition of “2019 Artisanal Fisher” event and passing of its Regulation. Pursuant to Ministerial Order No. 251-2019-PRODUCE published in the Official Gazette “El Peruano” on June 8, 2019, it is set forth to officially recognize the “2019 Artisanal Fisher” event to be carried out on June 29, 2019 and organized by the Artisanal Fishery Promotion and Formalization Unit of the Ministry of Production, Office of the Vice-Minister of Fishery and Aquaculture, General Division of Artisanal Fishery; and to pass the Regulation of the “2019 Artisanal Fisher” event being integral part of this Order thereby.

V. Authorization to IMARPE for Liza resource exploratory fishery in La Niña lake located at the region of Piura. Pursuant to Ministerial Order No. 63-2019-PRODUCE published in the Official Gazette “El Peruano” on June 14, 2019, it is set forth to authorize IMARPE to conduct an Exploratory Fishery of Liza (Mugil cephalus) resource in La Niña lake located at the region of Piura. It will be conducted as of 00:00 hours of the next business day upon publication of the Resolution of the Regional Direction of Production of the Regional Government of Piura showing the list of artisanal fishers holding an effective fishing permit who will participate in the Exploratory Fishery authorized by this Ministerial Order. Said Exploratory Fishery will end upon 60 calendar days after the starting date of such activity.

VI. Suspension of anchovy and longnose anchovy resources fishing activities in coastal areas. Pursuant to Ministerial Order No. 269-2019-PRODUCE published in the Official Gazette “El Peruano” on June 20, 2019, it is set forth to suspend fishing activities of anchovy (Engraulis ringens) and longnose anchovy (Anchoa nasus) resources as of 00:00 hours of the next day upon publication of this Ministerial Order for a 10-calendar day term according to the following: a) Between 08°00’S and 08°30’S from 5 to 20 nautical miles from the coast; b) Between 13°00’S and 13°30’S from 10 to 30 nautical miles from the coast; c) Between 13°45’S and 14°15’S from 5 to 20 nautical miles from the coast; and d) Between 14°30’S to 15°00’S from 10 to 20 nautical miles from the coast.

VII. Establishing a closed season for breeding of “Argentinian silverside” resource in Lake Titicaca at the region of Puno. Pursuant to Ministerial Order No. 275-2019-PRODUCE published in the Official Gazette “El Peruano” on June 21, 2019, it is set forth to establish the closed season for breeding of “Argentinian silverside” (Odontesthes bonariensis) resource in Lake Titicaca at the region of Piura from July 1 to September 30 annually. All this species fishing activity, as well as its trading and transportation in said region are prohibited, except from those resources from aquaculture centers.

VIII. Establishing a closed season for breeding of “rainbow trout” resource in bodies of water in the region of Huancavelica. Pursuant to Ministerial Order No. 274-2019-PRODUCE published in the Official Gazette “El Peruano” on June 21, 2019, it is set forth to establish the closed season for breeding of “rainbow trout” (Oncorhynchus mykiss) resource in bodies of water in the region of Huancavelica as of 00:00 hours of the next day upon publication of this Ministerial Order up to September 30, 2019. All this species fishing activity, as well as its trading and transportation in said region are prohibited, except from those resources from aquaculture centers.

IX. Suspension of anchovy and longnose anchovy resources fishing activities in coastal areas. Pursuant to Ministerial Order No. 287-2019-PRODUCE published in the Official Gazette “El Peruano” on June 27, 2019, it is set forth to suspend fishing activities of anchovy (Engraulis ringens) and longnose anchovy (Anchoa nasus) resources as of 00:00 hours of the next day upon publication of this Ministerial Order for a 10-calendar day in the maritime area between the northern end of the Peruvian maritime domain and 16°00’S.

X. Authorization of transfer of financial resources to IMARPE to perform several activities. Pursuant to Ministerial Order No. 281-2019-PRODUCE published in the Official Gazette “El Peruano” on June 27, 2019, it is set forth to authorize the transfer of financial resources of the Executing Unit 001: Ministry of Production to IMARPE up to the sum amounting to S/2’633,714.00 (TWO MILLION SIX HUNDRED THIRTY-THREE THOUSAND SEVEN HUNDRED FOURTEEN AND 00/100 SOLES). This transfer of financial resources is charged against collected resources for Rights of Fishing under Financing Source “Directly Collected Resources” to perform the following activities: “Assessment of Marine Debris (macro-, meso- and microplastics) in resources fishing activities areas along the Peruvian coast and Lake Titicaca”, and “Assessment of artisanal fishery impact on the Peruvian hake (Merluccius gayi peruanus) stock and the marine environment associated to Tumbes (Acapulco and Cancas) and Piura (El Ñuro, Cabo Blanco, Los Órganos and Talara)”.

XI. Setting the size as an alternative to the Minimum Catch Size (TMC) and establishing other provisions related to conditions for Loco resource fishing activity. Pursuant to Ministerial Order No. 283-2019-PRODUCE published in the Official Gazette “El Peruano” on June 27, 2019, it is set forth to set the size as an alternative to the Minimum Catch Size (TMC) of Loco (Concholepas concholepas) resource to 35.6 mm of maximum operculum length.

XII. Establishing the Provisional Fishing Scheme for Hake Resource July 2019-June 2020 in the maritime area. Pursuant to Ministerial Order No. 290-2019-PRODUCE published in the Official Gazette “El Peruano” on June 28, 2019, it is set forth to establish the July 2019-June 2020 Provisional Fishing Scheme for Hake (Merluccius gayi peruanus) Resource. This Scheme authorizes said resource fishing activities as of July 1, 2019, 00:00 hours to June 30, 2020 in the maritime area between the northern end of the Peruvian maritime domain and 07°00’ South Latitude.

XII. Establishing conservation measures to be applied in tuna fishing by enforcing the Inter-American Tropical Tuna Commission (IATTC) Resolutions, the Tuna Fisheries Management Regulation passed by Supreme Executive Order No. 032-2003-PRODUCE, and other applicable provisions to be complied with by domestic fishery vessels recorded in the IATTC Register. Pursuant to Ministerial Order No. 292-2019-PRODUCE published in the Official Gazette “El Peruano” on June 29, 2019, it is set forth to establish conservation measures to be applied in tuna fishing by enforcing the Inter-American Tropical Tuna Commission (IATTC) Resolutions, notwithstanding the provisions set forth in the Tuna Fisheries Management Regulation passed by Supreme Executive Order No. 032-2003-PRODUCE, and other applicable provisions to be complied with by domestic fishery vessels recorded in the IATTC Register.

GENERAL REGULATIONS

I. Providing publication of the bill of Supreme Executive Order passing the Fishery and Aquaculture Subsector Environmental Management Regulation. Pursuant to Ministerial Order No. 237-2019-PRODUCE published in the Official Gazette “El Peruano” on June 1, 2019, it is set forth to publish the bill of the Supreme Executive Order passing the Fishery and Aquaculture Subsector Environmental Management Regulation, and its corresponding preambles, on the Ministry of Production website (www.gob.pe/produce) for receipt comments and/or contributions by citizens within a 5-calendar day term from the publication of this Order. Said comments and/or contributions shall be addressed to the Ministry of Production to the attention of Dirección General de Políticas y Análisis Regulatorio en Pesca y Acuicultura (General Division of Fishery and Aquaculture Policies and Regulatory Analysis).

II. Providing publication of the bill of “Supreme Executive Order setting forth provisions for strengthening fisheries management measures applicable to maritime environment contiguous to the Department of Tumbes”. Pursuant to Ministerial Order No. 245-2019-PRODUCE published in the Official Gazette “El Peruano” on June 5, 2019, it is set forth to publish the bill of the Supreme Executive Order setting forth provisions for strengthening fisheries management measures applicable to maritime environment contiguous to the Department of Tumbes, and its corresponding preambles, on the Ministry of Production website (www.gob.pe/produce) for receipt comments and/or contributions by citizens within a 5-calendar day term from the publication of this Order. Said comments and/or contributions shall be addressed to the Ministry of Production to the attention of Dirección General de Políticas y Análisis Regulatorio en Pesca y Acuicultura (General Division of Fishery and Aquaculture Policies and Regulatory Analysis).

III. Providing publication of the bill of Administrator’s Order passing the “Health, and Sanitary/Health Registration and Certification for Hydrobiological Resources and Products, Food and Veterinary Products for Aquaculture Use” on the Peruvian Administration of Fishery Health (SANIPES) website. Pursuant to Director’s Order No. 055-2019-SANIPES/PE published in the Official Gazette “El Peruano” on June 13, 2019, it is set forth to publish the bill of the Administrator’s Order passing the “Health, and Sanitary/Health Registration and Certification for Hydrobiological Resources and Products, Food and Veterinary Products for Aquaculture Use”, and its corresponding preambles, on the SANIPES website (sanipes.gob.pe) for receipt opinions, comments and/or contributions by citizens within a 10-calendar day term from the next day upon publication of this Order. Said opinions, comments and/or contributions shall be addressed to the Ministry of Production to the attention of Dirección General de Políticas y Análisis Regulatorio en Pesca y Acuicultura (General Division of Fishery and Aquaculture Policies and Regulatory Analysis).

IV. Providing publication of the bill of Administrator’s Order passing the “Regulation of Fishery and Aquaculture Infrastructure Sanitary Qualification” on the SANIPES website. Pursuant to Ministerial Order No. 056-2019-SANIPES/PE, published in the Official Gazette “El Peruano” on June 13, 2019, it is set forth to publish the bill of the Administrator’s Order passing the “Regulation of Fishery and Aquaculture Infrastructure Sanitary Qualification”, and its corresponding preambles, on the SANIPES website (sanipes.gob.pe) for receipt opinions, comments and/or contributions by citizens within a 10-calendar day term from the next day upon publication of this Order. Said opinions, comments and/or contributions shall be addressed to the Ministry of Production to the attention of Dirección General de Políticas y Análisis Regulatorio en Pesca y Acuicultura (General Division of Fishery and Aquaculture Policies and Regulatory Analysis).

V. Supreme Executive Order amending Supreme Executive Order No. 006-2016-PRODUCE: Establishing general provisions to strengthen production chain of artisanal fishery. Pursuant to Supreme Executive Order No. 005-2019-PRODUCE, published in the Official Gazette “El Peruano” on June 19, 2019, it is set forth that said Supreme Executive Order amends Section 6, Subsections 7 and 6.9 of the Supreme Executive Order No. 006-2016-PRODUCE as follows: “Section 6. Fishing permits (…) 6.7 Fishing permits granted within the Pilot Programs is consistent with the fishing effort of the fishing vessel group under the same certification. In this sense, withdrawal of members from fishing cooperative shall be informed to the General Division of Fishery for Direct or Indirect Human Consumption within a term no more than 5 business days. During the effectiveness of the fishing permit granted within the Pilot Programs, the change of the holder is allowed provided that transferee has the status of member of the cooperative and complies with conditions set forth in Section 34 of the Regulation of the General Fishery Act passed by Supreme Executive Order No. 012-2001-PE.(…) 6.9 Fishing permits granted within the Pilot Programs expire as per the following cases: a) Upon sixteen (16) months from the date of issuance of the first fishing permit, in case of breach of the condition set forth in Section 5, Subsection 5.2(d) of this Supreme Executive Order; and b) Upon twenty-four (24) months from the date of issuance of the first fishing permit, in case of breach of any general condition set forth in Section 5, Subsection 5.2, except from the condition provided for by Item (d), and in case of breach of the obligations set forth in Section 6, Subsection 6.4 of this Supreme Executive Order.”

VI. Providing publication of the bill of “Supreme Executive Order amending Section 1 of the Supreme Executive Order No. 019-2007-PRODUCE that sets forth obligations whereby its compliance shall be accredited in order to grant the authorization for departure to fishing vessels”, and its preambles, on the Ministry of Production website. Pursuant to Ministerial Order No. 291-2019-PRODUCE published in the Official Gazette “El Peruano” on June 28, 2019, it is set forth to publish the bill of the “Supreme Executive Order amending Section 1 of the Supreme Executive Order No. 019-2007-PRODUCE that sets forth obligations whereby its compliance shall be accredited in order to grant the authorization for departure to fishing vessels”, and its corresponding preambles, on the Ministry of Production website (www.gob.pe/produce) for receipt comments and/or contributions by citizens within a 10-calendar day term upon publication of this Order. Said comments and/or contributions shall be addressed to the Ministry of Production to the attention of Dirección General de Políticas y Análisis Regulatorio en Pesca y Acuicultura (General Division of Fishery and Aquaculture Policies and Regulatory Analysis).

APPOINTMENTS

I. Appointment of full members, Chairs, Technical Secretaries of Specialized Units of the Board of Appeal on Sanctions of the Ministry. Pursuant to Ministerial Order No. 236-2019-PRODUCE published in the Official Gazette “El Peruano” on June 1, 2019, the following persons are appointed thereby: Alex Enrique ULLOA IBÁÑEZ as full member and Chair of the Specialized Unit of Fishery, Board of Appeal on Sanctions, Ministry of Production; César Alejandro ZELAYA TAFUR as full member and Chair of the First Temporary Specialized Unit of Fishery, Board of Appeal on Sanctions, Ministry of Production; Dante Francisco GIRIBALDI MEDINA as Technical Secretary of the Temporary Specialized Sole Unit of Fishery, Board of Appeal on Sanctions, Ministry of Production; and Roony Rafael ROMERO NAPA as Technical Secretary of the Standing Specialized Sole Unit of Fishery, Board of Appeal on Sanctions, Ministry of Production.

II. Appointment of Head of Climate Change and Fishery and Aquaculture Biodiversity Unit. Pursuant to Ministerial Order No. 241-2019-PRODUCE published in the Official Gazette “El Peruano” on June 1, 2019, Eduardo Salomón GARCÍA ZAMORA is appointed as Head of Climate Change and Fishery and Aquaculture Biodiversity Unit, General Division of Fishery and Aquaculture Environmental Affairs, Office of the Vice-Minister of Fishery and Aquaculture, Ministry of Production.

III. Appointment of Chief of the General Division of Artisanal Fishery and Aquaculture Investment of the Peruvian Fisheries Development Fund (FONDEPES). Pursuant to Director’s Order No. 085-2019-FONDOPES/J published in the Official Gazette “El Peruano” on June 4, 2019, Julio Aurelio RÍOS SOUSA is appointed as Chief of the General Division of Artisanal Fishery and Aquaculture Investment, FONDEPES.

IV. Entrusting with functions of Coordinator of Works, Equipment and Maintenance of the General Division of Artisanal Fishery and Aquaculture Investment, FONDEPES. Pursuant to Ministerial Order No. 089-2019-FONDOPES/J published in the Official Gazette “El Peruano” on June 6, 2019, Julio Aurelio RÍOS SOUSA, Chief of the General Division of Artisanal Fishery and Aquaculture Investment of FONDEPES, is temporary entrusted with functions of Coordinator of Works, Equipment and Maintenance of the General Division of Artisanal Fishery and Aquaculture Investment, FONDEPES upon publication of this Order in addition to his functions and in the meantime a Coordinator is appointed.

V. Appointment of Director of the Planning and Budget Office of the Peruvian Administration of Fishery Health (SANIPES). Pursuant to Administrator’s Order No. 058-2019-FONDOPES/J published in the Official Gazette “El Peruano” on June 19, 2019, Rafael Edgardo GÁLVEZ YAURICASA is appointed as Director of the Planning and Budget Office, SANIPES, as provided for by in the Temporary Assignment of Personnel Table (Temporary CAP) as a Confidential Worker.

VI. Appointment of Head of Artisanal Fishery Promotion and Formalization Unit of the General Division of Artisanal Fishery. Pursuant to Ministerial Order No. 266-2019-PRODUCE published in the Official Gazette “El Peruano” on June 20, 2019, Elmer Jesús NIEVES VALLE is appointed as Head of Artisanal Fishery Promotion and Formalization Unit, General Division of Artisanal Fishery, Office of the Vice-Minister of Fishery and Aquaculture, Ministry of Production.

VII. Appointment of Second Advisor of the Peruvian Fisheries Development Fund (FONDEPES). Pursuant to Director’s Order No. 100-2019-FONDEPES/J published in the Official Gazette “El Peruano” on June 29, 2019, María Teresa RAMÍREZ- OTÁROLA SARMIENTO is appointed as FONDEPES Second Advisor, effectively as of July 1, 2019.

VIII. Appointment of Administrator of the Peruvian Administration of Fishery Health (SANIPES). Pursuant to Supreme Executive Resolution No. 012-2019-PRODUCE published in the Official Gazette “El Peruano” on June 30, 2019, Johnny Analberto MARCHAN PEÑA as SANIPES Administrator.