The Peruvian Government has promulgated Law 31982, which modifies the Penal Code (legislative decree 635), and legislative decree 1393, a legislative decree that regulates the interdiction of illegal activities in fishing, in order to incorporate and regulate the crime of construction or illegal modification of fishing vessel.
From now on, whoever violates the laws or regulations, builds or has built a fishing vessel or modifies its storage capacity, during periods of prohibition or without having the respective authorization from the competent authority, will be punished with no less than a custodial sentence. of three years nor more than five years and with one hundred eighty to four hundred days-fine.
The same penalty will be applicable to anyone who, violating the laws or regulations, acquires, custody, or transports a fishing vessel, knowing or being able to know that it does not have a valid certificate or that it has been built or its storage capacity has been modified, during periods of prohibition or without having the respective authorization.
A similar penalty will also be applied to anyone who promotes or facilitates the commission of this crime through the financing or provision of materials, equipment or machinery for the modification of the hold capacity or for the construction of a fishing vessel during periods of prohibition or knowingly. that it does not have the respective authorization from the competent authority.”
In this way, any activity that affects or may affect hydrobiological resources that is carried out in breach of the regulations on the matter, whether administrative or criminal, will be considered illegal fishing.
These illegal activities include the construction or modification of a fishing vessel, during periods of prohibition or without having authorization to increase the fleet or construction license.
The action to prohibit the scrapping of fishing vessels without a fishing permit or vessels built or modified during periods of prohibition or without authorization to increase the fleet or construction license is carried out jointly by the Public Prosecutor’s Office and the National Police. of Peru or the General Directorate of Captaincies and Coast Guard (DICAPI), according to the scope of their powers.
Construction of illegal vessels in Peru
The Public Ministry is empowered to, with the support of the National Police of Peru (PNP) or the General Directorate of Captaincies and Coast Guard (DICAPI), as appropriate, execute the corresponding interdiction actions.
The Public Ministry will approve the corresponding protocol to determine the responsibilities, human resources, financial resources and logistical resources necessary for the execution of interdiction actions.
The Ministry of Production (Produce) and the Ministry of Defense will publish on their institutional portals all the enabling titles granted to fishing vessels and shipyards until the entry into force of this law.
“And those that are granted after said entry into force must be published within a maximum period of ten business days from their issuance,” the rule states.
Source: Larepublica

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