Six keys to understanding the law that protects the five miles

In April the Congress of the republic approved and sent the autograph of law to prioritize artisanal fishing in the five miles. The Executive confirmed that it agrees with the measures, except for a provision that would decriminalize illegal fishing, therefore, it will have until May 22 to observe it, so Congress must vote again and reaffirm its commitment to artisanal fishing. Here are the six keys to understanding its relevance.

1. Artisanal and ancestral fishing

The approved proposal defines traditional ancestral fishing as that which is carried out using boats such as caballitos de totora, reed rafts, canoes, and artisanal sailboats, among others. While traditional artisanal fishing is a type of fishing activity carried out with the use of small boats or without them, but above all, with a predominance of manual labor. It includes non-destructive and selective non-mechanized methods for its execution.

2. Classification of the fishing fleet

general law fishing (article 20) must now classify the extraction of resources for commercial purposes as follows: artisanal, where manual work predominates; medium scale, which is based on the use of mechanized fishing systems; and larger scale or industrial, where large fishing boats are used. “The fish use this space [las cinco millas] in order to reproduce. And if this process is affected, there will be no fishing, not even for them. [industriales] nor for us”, explained the diver Edwin Yrupaylla about the relevance of the classification.

3. Fisheries regulation

The five miles are considered a flora and fauna protection zone, so large-scale or industrial extractive activity will not be allowed. The Ministry of Production (Produce), based on the recommendation of the Institute of the Sea of ​​Peru (Imarpe), will approve the list of permitted fishing gear.

Besides, the use of fishing gear, methods and gear is prohibited that modify the bioecological conditions of the marine environment. The fishing with mechanized seine nets will be prohibited between the shore and three miles.

4. Limit to the reduction of fines

In May 2022, Produce approved DS-007, which made it possible to reduce fines in the sector by up to 90% without any technical support.

In order to avoid measures of this type in the future, which weaken control, the second complementary provision states that In no case may discounts greater than 40% be established. of the value of the fine, in accordance with the principle of reasonableness of the General Administrative Procedure Law.

5. Recovery of overexploited resources

Produce must establish the classification of resources according to their degree of exploitation and will define measures for the recovery of those that are overexploited, that is, that have exceeded their natural capacity to reproduce. “Each fishing management regulation (ROP) has to have biological indices, which is key for the species, that will allow Imarpe to review from time to time how the population is behaving based on the fishing management that is given,” Bruno points out. Monteferri, a lawyer for the SPDA.

6. Citizen participation

The regulation will contemplate citizen participation mechanisms linked to the fishing sector in all stages of the decision-making process, from design to the implementation and evaluation stage of policies, the document indicates. “Currently, there is a regulation for citizen participation, but that It is only focused on the management of environmental impacts investment projects and fishing and aquaculture activities, but not in the formulation of regulations, policies, etc. related to the management of fishing resources,” said Selene Benavente, from Oceana Peru’s Policy Department.