Fisheries Law
What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?
Article 58
Translated text:Article 58 – It is prohibited for tuna purse-seine vessels, both national and foreign, to unload, under any title, fishing products other than those authorized by the corresponding fishing license to meet the supply needs of tuna processing plants, except when such products are to be donated to social welfare institutions, with prior authorization from INCOPESCA.
Failure to comply with this provision will result in the immediate suspension of the fishing license or permit, following due process, during the year of validity of the annual fishing registration. In the case of a repeated violation of this regulation, the granting of the fishing license will be suspended, in accordance with due process, for two calendar years.
Article 59
Translated text:Article 59 - INCOPESCA shall establish a satellite monitoring system to supervise and control the fishing activities of tuna purse-seine vessels within the exclusive economic zone.
To carry out such activities, these tuna vessels must carry the satellite equipment required and authorized by INCOPESCA and ensure it is in proper working condition. The fishing license of any individual or legal entity holding or awarded the license that fails to comply with the provisions of this article shall be revoked without any compensation.
The determination of such a satellite system must not be designed in a way that causes arbitrary discrimination regarding the providers or brands of the required equipment.
Article 139
Translated text:Article 139 - A penalty of six months to two years of imprisonment shall be imposed on anyone who allows, orders, or authorizes the unloading of shark fins without the corresponding body or trunk at the locations where such resources are unloaded, with the intent to sell or commercialize these fins.
When these violations are committed by the person responsible for or the owner of a foreign vessel operating in the exclusive economic zone or territorial waters, they shall be penalized with a fine equivalent to forty to sixty base salaries, in accordance with Article 2 of Law No. 7337, and the cancellation of the fishing license.
Additionally, operations may be carried out on tuna purse-seine vessels to ensure they carry and maintain in proper working order the satellite monitoring equipment. INCOPESCA may coordinate such operations with the Ministry of Public Security and the National Coast Guard Service.
Article 143
Translated text:Article 143 – Anyone who engages in fishing activities in the exclusive economic zone using poisonous, hazardous, toxic, or any other type of substances, as well as explosive or poisonous materials that damage or endanger marine or aquatic ecosystems or human life, shall be sanctioned with a fine of sixty to eighty base salaries, as defined in Article 2 of Law No. 7337, dated May 5, 1993, and the cancellation of the respective license, without prejudice to the penalties established in the legal framework.
If the offense is committed in inland marine waters, continental waters, or territorial seas, a prison sentence of two to ten years shall be imposed.Article 156
Translated text:Article 156 - In the cases provided for in this section, the judge may also impose the following accessory penalties:
a) The cancellation of the license, permit, concession, or authorization to carry out the activity during which the offense was committed.
b) The temporary or permanent closure of the company involved in committing the offense.
c) Failure to pay the fine will result in the seizure of the respective vessel by the Public Registry.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 113
Translated text:Article 113- Licenses, permits, and authorizations shall be terminated for the following reasons:
a) Expiration of the term, without a legally submitted request for an extension.
b) Impossibility of fulfilling its purpose.
c) Explicit resignation or abandonment by the interested parties.
d) Cancellation of licenses, permits, or authorizations by the competent authorities, respecting due process.
Article 114
Translated text:Article 114- The executing authority shall proceed to cancel licenses, concessions, permits, or authorizations, respecting due process, when their holders:
a) Put the ecosystem at imminent risk.
b) Provide information outside the terms and deadlines requested by INCOPESCA or commit any falsehood when submitting it.
c) Deny the authority access to inspect the facilities.
d) Fail, without justified cause, to comply with the general technical conditions for fishing and aquaculture established by INCOPESCA.
e) Transfer these rights without proper authorization or in cases where such rights are non-transferable.
f) Fail to comply with the investment and management plans already established for aquaculture concessions.
g) Fall into bankruptcy, insolvency, receivership, dissolution, or liquidation of assets.
h) Fail to properly install the terminal equipment and sensors forming part of the satellite tracking system on tuna purse-seine vessels within the deadlines established by this Law.