The first 5 miles will be exclusively for artisanal fishing

After an exhaustive career that began on the high seas, the Peruvian Government, through the Ministry of Production (Produces), promulgated Law 31749, which recognizes traditional ancestral fishing and traditional artisanal fishing and promotes its preservation within 5 Peruvian maritime miles. The new device, which brings together six important changes to the General Fisheries Lawproposes a reorganization of the fishing fleet in which ancestral and artisanal fishing have priority over this marine stretchas well as the creation of the register of artisanal fishermen.

Onwards, Produces It will have 60 business days –until August of this year- to also make its regulations official, which will guarantee its operability and a new capture model that does not devastate the entire seabed in exchange for fishmeal for export. It should be noted that fishing in the first 5 miles captures the species that are placed on the table of all Peruvians. Offshore, there are activities aimed particularly at large-scale, industrial fishing.

One of the main observations made from Produce was that there is already a law in place that protects the first 5 miles of the Peruvian sea against acts of predation with mechanisms that are not very friendly to marine fauna. This is DS 017-92-PE, created 30 years ago. Minister Raúl Pérez-Reyes himself had made clear some blemishes that were not finally considered to return the project to the Congress. However, the legal adviser for Marine Governance of the Peruvian Society of Environmental Law (SPDA), Percy Grández, explains that the law was not fully complied with and, on the contrary, offered various loopholes that were taken advantage of by bowling alleys to the detriment of the artisan fishermen.

“Yes, trawling was prohibited, but what was not restricted was seine fishing in the first few miles of the coastline. That is to say, we had boats that affect the seabed and, with this law, it is being removed beyond 3 miles in such a way that the area can be duly protected ”, he highlights.

the law of the sea

What brings new Law 31749? In principle, it defines traditional ancestral fishing as that which uses ancestral boats such as reed rafts, canoes, artisanal sailboats and reed horses, among others. On the other hand, traditional artisanal fishing will involve smaller boats –such as those tied up in the coves of chorrillos o San José- with a predominance of manual labor. The use of engines will be allowed, although at first there were speculations about it. What is crucial is that you use non-destructive and selective non-mechanized methods during the slaughter.

Next, the law establishes that Produce begins a new work to classify the extraction of marine resources for commercial purposes. From now on, it will be artisanal fishing if the manual work of seafarers predominates. Medium-scale fishing will then refer to the extractive activity that is carried out thanks to mechanized fishing systems. Finally, the industrial fishing or on a large scale it will be carried out in large ships.

The goal is to protect the first 5 miles of the sea ​​of ​​Grau, where most species arrive to reproduce and spawn. For this reason, the norm published this Saturday restricts this area as a zone of protection of flora and fauna, where large-scale industrial activity will be prevented from entering. It remains pending for Produce and the Peruvian Sea Institute (Imarpe) to define the list of licensed fishing gear. Here it should be clarified that fishing “with mechanized seine nets” will be prohibited between the shore and 3 miles.

Finally, the law includes two sections aimed at establishing the classification of resources according to their degree of exploitation and defining measures for the recovery of those that are in danger, and citizen participation mechanisms linked to the fishing sector in all stages of the decision-making process. decisions, from the design to the stage of implementation and evaluation of sectoral policies. But there is a topic that has also been the subject of discussion and that will go down in history: penetration windows.

window closes

Between 2008 and 2011, the Special Fishing Regime (REP) allowed the industrial fishing of anchovy up to a maximum of 1 mile depending on the location (also known as penetration windows), especially in the southern zone, where up to 97% of the anchovy biomass can be located within the first 10 miles. With this new law, a permit of this type cannot be reactivated.

Juan Cervantes, president of the Federation of Artisanal Fishing of the Arequipa Region (Fepar), clarifies that, although it is true that the anchovy “sticks” to the shore of the southern coast due to various climatic issues, there are various species that are affected in the first miles when trawling or purse seine fishing activities are carried out, such as sole, cashema and croaker, among others. “It is a claim for a right to recover the seabed and biodiversity that today more than ever we need the 5 miles to be recovered and respected considering that this is the anchoveta reproduction area,” says the leader.

A table to eat, another to work

The decision has been celebrated almost unanimously by all the players in the sector. Specialists, artisanal fishermen, unions, representatives of Peruvian gastronomy, and even the seamen themselves dedicated to the industrial fishingwho support their peers who work near the coast.

This is the case of industrial fisherman Lorenzo Vásquez, secretary of the Chimbote and Annexes Fishermen’s Union, who explains that the anchovy spawns in the first 10 miles, but especially in the first 5. “We welcome this news. It is an achievement for the fishing sector since many criticisms have been received, by those who defend the killing of juveniles”, he assured.

It is about defending a chain that ends up on the plate of each of our homes. Chef Luciano Mazzetti points out that supporting artisanal fishing is also essential to safeguard the gastronomic tradition of our country. The publication of the new regulation for Law 31749 must also be accompanied by the artisanal fishermen themselveswho demand to Produce an angular participation in the work tables.

According to Cervantes, his voice has rarely been heard since the Executive with commitment, so they expect on this occasion a true change of direction in the remainder of Dina Boluarte’s term.

From the SNP they have already advanced their participation in case they are summoned by the Government, as an opinion-maker in this crusade that seeks to ensure not only the unmatched biodiversity of Peru, but also the marine resource -rich in iron- for all coming generations. The sea will provide.

Law 31749: new fishing in favor of all

The anchovy fishing season, a source of contention between artisanal and industrial unions, occurs in two stages: the first, known as the ‘big’ season, takes place between the fortnight of May and ends in the last days of July. The second, the ‘chica’, occurs between the first days of November and the last days of January. The rest of the year is spawning, which includes winter at the end of July and summer, which begins when the season ends in January. According to official figures, Artisanal fishing is a strategic sector that contributed 22% of the extractive fishing GDP in 2019 and generated 93,000 direct jobs.

The fishing sector fell by 13.7% in 2022 and is projected to reach 4.1% this year, according to the Ministry of Economy and Finance (MEF).
From the Congress of the Republic, the Somos Perú bench proposes to boost the economy of artisanal fishermen through state purchases for social, food and other similar programs.

The General Law of Fishing is the main norm that governs the guidelines of the activity. Produce, on the basis of scientific evidence, must design the fisheries management systems with the objective of the preservation and rational exploitation of hydrobiological resources. Anchovy fishing in the southern zone takes advantage of the stock shared by Peru and northern Chile.

Protect the sea of ​​Tumbes

Approach. Juan Carlos Suerio, Director of Fisheries Oceana Peru

It is a big step and what comes now is the regulation. Produce has a period of 60 days to develop various aspects that the law requires it to do in coordination with Imarpe. A regulation that ensures that the law works.

In relation to the 3-mile restriction, an inspection procedure must be established. If the law is in force, what is the control mechanism so that the vessels do not enter? There are several possibilities that technology already allows, such as a satellite tracking system and the Produce SOS Pesca application that is not operational and that allows any citizen or seafarer to file complaints.

This application was developed by Produce, but the same ministry does not take advantage of it, despite winning an award in New Zealand in 2017. It has never been fully operational. Use the positioning of the vessels for complaints in real time and generate a response code to the complainant. What else to include in the regulation? A register of fishermen and, together with Imarpe, establish a classification of fishing gear, such as nets, hooks and appropriate traps.

But Produce can also establish special zones to give additional restrictions to those established by this law. In our opinion, the Tumbes Fishing Regulations (ROP) should remain in force, where seine and trawl vessels have a 5-mile restriction and not 3 -as provided by this law-, a decade ago. That has to be maintained.

reactions

Percy Grandez, SPDA specialist

“This sector is the one that supplies housewives, the artisans provide us with the fish that reaches our plates. We salute that the Government has chosen to promulgate this law for the good of all”.

Luciano Mazzetti, Peruvian chef

“The first 5 miles is the area where the species reproduces and spawns. By protecting them in favor of artisanal fishing, we managed to guarantee our resources that the sea provides in the long term.”

Lorenzo Vásquez, industrial fisherman

“Right now we should already be fishing for anchovy. But due to weather phenomena and thanks to predation over the years, the species cannot be found and we did not go out to work”.