CLOSE

LAWYERS

SEARCH BY ALPHABETICAL ORDER

SEE ALL LAWYERS
CLOSE

PRACTICE AREAS

Fishery Newsletter – October 2020

FISHERY NEWSLETTER

CLOSED FISHING SEASON AND AUTHORIZATIONS

I. Exploratory fishery of mackerel resource authorized by R.M. No. 297-2020-PRODUCE in the maritime domain area was suspended

Through Ministerial Resolution No. 00328-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 3, 2020, the exploratory fishery of the mackerel resource (Scomber japonicus peruanus) authorized by Ministerial Resolution No. 297-2020-PRODUCE, amended by Ministerial Resolution No. 319-2020-PRODUCE, in the area south of 17°00′ SL and the extreme south of the Peruvian maritime domain, was suspended from 00:00 hours on the day following the publication of this Ministerial Resolution.

II. The Institute of the Sea of Peru – IMARPE was authorized to execute Exploratory Fishery of the choro resource in the marine area of the coast of the province of Ilo, Moquegua Region

Through Ministerial Resolution No. 00329-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 4, 2020, The Institute of the Sea of Peru – IMARPE was authorized to execute Exploratory Fishery of the choro resource (Aulacomya atra), with the participation of artisanal fishery vessels, in the marine area of the coast of the province of Ilo, Moquegua Region, from 00: 00 hours from October 5th, 2020 until November 30th, 2020, or when IMARPE recommends it for reasons of conservation of the mentioned resource. Shipowners who have a fishery permit in force to operate artisanal vessels, and who comply with the conditions set forth in Article 3 of the aforementioned resolution, may participate in the Exploratory Fishery.

III. The Institute of the Sea of Peru – IMARPE was authorized to execute Exploratory Fishery of the pejerrey resource

Through Ministerial Resolution No. 00330-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 4, 2020, the Institute of the Sea of Peru – IMARPE was authorized to execute Exploratory Fishery of the pejerrey resource (Odontesthes regia), from 00: 00 hours on October 5th, 2020 for a period of fifteen (15) calendar days, or when the maximum allowable catch of one hundred seventy-five (175) tons is reached during the research activity, or when IMARPE recommends it for reasons of conservation of the mentioned resource. Natural or legal persons who have a fishery permit in force to operate artisanal vessels, and who comply with the provisions set forth in Article 3 of the aforementioned resolution, may participate in the Exploratory Fishery.

IV. The Institute of the Sea of Peru – IMARPE was authorized to execute Exploratory Fishery for the anchovy and white anchovy resource in the southern zone of the Peruvian sea using larger scale purse seine vessels.

Through Ministerial Resolution No. 335-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 11, 2020, the Institute of the Sea of Peru – IMARPE was authorized to execute Exploratory Fishery of the anchovy resource (Engraulis ringens) and white anchovy (Anchoa nasus) in the southern zone of the Peruvian sea using larger scale purse seine vessels, in order to update the observations on the main biological-fishery aspects of the anchovy. The Exploratory Fishery shall be carried out from 00:00 hours on October 12, 2020, and for the term of five (5) calendar days, in the marine area comprised from 17° 00’00” S to the southern end of the Peruvian marine domain, and outside the five (5) nautical miles away from the coast. The Exploratory Fishery is carried out with the participation of larger-scale fishery vessels, which have a valid fishery permit and Maximum Catch Limit by Boat (LMCE South) allocated, and nominated for the anchovy resource extraction for the First Anchovy Fishery Season 2020 in the South Zone of Peru.

V. Extractive activity of the Hake resource carried out by trawlers, in area of the Peruvian maritime domain, was suspended

Through Ministerial Resolution No. 00354-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 18, 2020, the extractive activity of the Hake resource (Merluccius gayi peruanus) carried out by trawlers, between the northern end of the Peruvian maritime domain and the 04°00’S, was suspended for a period of seven (7) calendar days, starting at 00:00 hours on October 19, 2020. It is excepted of this suspension to the artisan fleet participating in the Exploratory Fishery of the Hake resource (Merluccius gayi peruanus) authorized by Ministerial Resolution No. 317-2019-PRODUCE and amended by Ministerial Resolution No. 204-2020-PRODUCE, the same one that is subject to the monitoring and follow-up of the biological, population and fishery indicators that IMARPE carries out in the framework of this investigation.

VI. The reproductive closure of the pejerrey hydrobiological resource established by R.M. No.314-2020-PRODUCE was terminated and the resumption of the extractive activities of this resource was authorized from October 26th.

Through Ministerial Resolution No. 361-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 22, 2020, the reproductive closure of the pejerrey hydrobiological resource (Odontesthes regia) established by Ministerial Resolution No. 314-2020-PRODUCE was terminated, authorizing the resumption of the extractive activities of the mentioned resource, from 00:00 hours on October 26, 2020.

GENERAL REGULATIONS

I. Peruvian Technical Standards were adopted in their 2020 version on marine oils, paprika, pesticides and others

By means of Directorial Resolution No. 024-2020-INACAL/DN published in the Official Gazette “El Peruano”, on October 7, 2020, the list of Peruvian technical standards in its 2020 version, established in Article 1 of the aforementioned resolution, was adopted.

II. Provisions were established for the acceptance of the payment in instalments of fines issued by the Sanctions Directorate of the General Directorate of Supervision, Control and Sanction of the Deputy Minister Office of Fisheries and Aquaculture

Through Ministerial Resolution No. 00334-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 11, 2020, it was ordered that individuals or corporations punished with a fine, may file the application for payment in installments after notification of the Directoral Resolution that imposed the fine issued by the Sanctions Directorate of the General Directorate of Supervision, Control and Sanction of the Deputy Minister Office of Fisheries and Aquaculture, as long as they comply with the requirements set forth in Article 1 of that resolution. The maximum periods for payment of the fine in instalments are as follows: a. Before the initiation of the coercive procedure: until the fine imposed has not expired, without exceeding eighteen (18) months. b. Once the coercive procedure has been initiated: until the obligation becomes enforceable, without exceeding eighteen (18) months. The natural or legal persons who, at the date of entry into force of the said resolution, have submitted requests for fractionation shall be included within the scope of application of this regulation.

III. Automatic discontinuous totalizers weighing instruments (hopper totalizer weighing machines) used in fishery processing plants for direct human consumption were incorporated in the metrological control established in the Directoral Resolution Nº 015-2019-INACAL/DM  

Through Directoral Resolution No. 013-2020-INACAL/DM published in the Official Gazette “El Peruano”, on October 12, 2020, the incorporation of articles 2-A, 3-A, 4-A and 7-A to Directoral Resolution No. 015-2019-INACAL/DM was adopted, which approves the metrological control of verification of the automatic discontinuous totalizers weighing instruments (hopper totalizer weighing machines), in accordance with the provisions of Article 1 of the aforementioned resolution.

IV. Publication of the draft of “Ministerial Resolution adopting the biometric sampling procedure for the anchovy and white anchovy resource on board fishery vessels” was ordered

Through Ministerial Resolution No. 00364-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 23, 2020, the publication of the draft of “Ministerial Resolution adopting the biometric sampling procedure for the anchovy and white anchovy resource on board fishery vessels” was ordered, as well as the corresponding annex, in the Institutional Website of the Ministry of Production (www.gob.pe/produce), in order to receive the opinions, comments and/or suggestions of the citizenship, for the term of ten (10) calendar days, starting from October 24, 2020.

V. The “Official Surveillance Plan for Diseases of Hydrobiological Resources” was adopted

By means of Resolution of the Executive Presidency No. 070-2020-SANIPES/PE published in the Official Gazette “El Peruano”, on October 23, 2020, the “Official Surveillance Plan for Diseases of Hydrobiological Resources” was adopted, on the basis of the recitals set forth in this Resolution of the Executive Presidency, which entered into force on October 24, 2020.

VI. Health Protocols on Industrial Fishery (Indirect Human Consumption) carried out by the steel and wood fleet called: “Protocol of Industrial Fishery” and “Protocol of Industrial Wooden Vessels” were adopted

Through Ministerial Resolution No. 370-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 23, 2020, the Health Protocols on Industrial Fishery (Indirect Human Consumption) carried out by the steel and wood fleet called: “Protocol of Industrial Fishery” and “Protocol of Industrial Wooden Vessels” which, as Annexes 1 and 2 respectively, form an integral part of this Ministerial Resolution were adopted. The Health Protocols adopted in the referred application, are of complementary application to the “Guidelines for the Surveillance, Prevention and Control of the health of the workers with risk of exposure to COVID-19”, adopted by the Ministry of Health with Ministerial Resolution No. 448-2020-MINSA. Likewise, Ministerial Resolution No. 139-2020-PRODUCE, with which the Ministry of Production adopted the Sanitary Protocols of Operation before the COVID-19 of the Production Sector for the gradual and incremental start of activities in the field of Industrial Fisheries (Indirect Human Consumption), of Phase 1 of the “Resumption of Activities”, carried out by the steel and wood fleet, called: “Protocol of Industrial Fishery” and “Protocol of Industrial Wooden Vessels” was cancelled.

VII.  Technical Health Procedure for the management of communications and health alerts was adopted

Through Resolution of the Executive Presidency No. 071-2020-SANIPES/PE published in the Official Gazette “El Peruano”, on October 27, 2020, the Technical Health Procedure for the management of communications and health alerts in the field of health was approved, in accordance with the grounds set forth in the recital of the aforementioned resolution.

VIII. “Technical Health Procedure for Risk Analysis prior to the Import of Hydrobiological Resources” was adopted

Through Resolution of the Executive Presidency No. 072-2020-SANIPES/PE published in the Official Gazette “El Peruano”, on October 27, 2020, the “Technical Health Procedure for Risk Analysis prior to the Import of Hydrobiological Resources” was adopted, in accordance with the grounds set forth in the recital of this Resolution of the Executive Presidency.

IX.Publication of the draft of “Health Guidelines for the Aquaculture Production Category of Limited Resources (AREL)” was ordered on the Institutional Website of the National Fisheries Health Agency – SANIPES

Through Resolution of the Executive Presidency No. 073-2020-SANIPES/PE published in the Official Gazette” El Peruano”, on October 27, 2020, the publication of the draft of “Health Guidelines for the Aquaculture Production Category of Limited Resources (AREL)” was ordered on the Website of the National Fisheries Health Agency – SANIPES (www.sanipes.gob.pe), in order to receive the opinions, comments and/or suggestions of the citizens, for a period of five (05) calendar days, starting from October 28, 2020.

X. Approval of the Institutional Strategic Plan (PEI) 2020-2023 of the Institute of the Sea of Peru – IMARPE was formalized

Through Resolution of the Executive Presidency No. 071-2020-IMARPE/PE published in the Official Gazette “El Peruano” on October 28, 2020, the approval of the Institutional Strategic Plan (PEI) 2020-2023 of the Sea of Peru – IMARPE was made official, a document that as an Annex is an integral part of the referred resolution. This instrument may be modified and/or reformulated during the implementation process on the proposal of the General Planning and Budget Office.

XI. Several Peruvian Technical Standards in their 2020 version related to fishmeal, milk and dairy products, fibers, yarns, wheat, paper and cardboard, refractory materials, water quality and others were adopted

Through Directorial Resolution No. 028-2020-INACAL/DN published in the Official Gazette “El Peruano”, on October 29, 2020, the list of Peruvian technical standards in their 2020 version, established in Article 1 of the aforementioned resolution, was adopted.

APPOINTMENTS

I. Head of the Human Resources Unit of the National Fisheries Health Agency – SANIPES was appointed

Through Executive Presidency No. 067-2020-SANIPES/PE published in the Official Gazette “El Peruano”, on October 2, 2020, Mr. Manuel Fabian Oyyarce Postigo was appointed as Head of the Human Resources Unit of the National Fisheries Health Agency – SANIPES.

II. Director of the General Directorate for Fisheries for Direct and Indirect Human Consumption of the Deputy Minister Office for Fisheries and Aquaculture was appointed

Through Ministerial Resolution No. 00326-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 2, 2020, Mr. Eduardo Mora Asnarán was appointed as Director of Processing for Direct and Indirect Human Consumption of the General Directorate of Fisheries for Direct and Indirect Human Consumption of the Deputy Minister Office for Fisheries and Aquaculture of the Ministry of Production.

III. Director of “CITEpesquero Amazónico Pucallpa” was appointed

Through Ministerial Resolution No. 00348-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 16, 2020, Ms. Betsabe Aldita Larriviere Cardoza was appointed as Director of the CITEpesquero Amazónico Pucallpa “Center for Productive Innovation and Technology Transfer Pucallpa Amazon Fisheries”.

IV. Director of “CITEpesquero Piura” was appointed

Through Ministerial Resolution No. 00349-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 16, 2020, Mr. William Alberto Rivera Peña was appointed as Director of the CITEpesquero Piura “Center for Productive Innovation and Technology Transfer Piura Fisheries”.

V. Executive Coordinator of the National Program “A Comer Pescado” of the Deputy Minister Office of Fisheries and Aquaculture was appointed

Through Ministerial Resolution No. 357-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 21, 2020, Mr. Felix Fabian Puente de la Vega Chumbe was appointed as Executive Coordinator of the National Program “A Comer Pescado” of the Vice Minister of Fisheries and Aquaculture of the Ministry of Production.

VI. Executive Director of the “National Program for Innovation in Fisheries and Aquaculture” was appointed

Through Ministerial Resolution No. 369-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 25, 2020, Mr. David Alfonso Ramos López was appointed as Executive Director of the Executive Unit 005: “National Innovation Program in Fisheries and Aquaculture”.

VII. Representative of the Ministry of Health was appointed as member of the Board of Directors of the National Fisheries Health Agency – SANIPES

Through Supreme Resolution No. 006-2020-PRODUCE published in the Official Gazette “El Peruano”, on October 30, 2020, Mr. Aldo Javier Lucchetti Rodriguez, representative of the Ministry of Health, was appointed as a member of the Board of Directors of the National Fisheries Health Agency – SANIPES.