PJ rejects demand that sought to authorize industrial fishing in the Paracas National Reserve

The Judicial Branch dismissed the lawsuit from the National Fisheries Society with which it sought to obtain permission to carry out industrial fishing in the Paracas National Reserve. The popular action presented by the SNP attempted to revoke the ban on industrial fishing in Protected Natural Areas. It was the Second Constitutional Chamber of Lima that rejected the request. The hearing was held on May 23 with the presentation of arguments by both the union and the defense of the National Service of Natural Areas Protected by the State (Sernanp) Before the court.

The Paracas National Reserve It stands out as one of the most important and beautiful marine ecosystems in Peru due to its rich biodiversity and for housing one of the main schools of juvenile anchovies in the region. However, the National Fisheries Society (SNP) sought to repeal a regulation that protects this natural area from industrial fishing and avoid sanctions that carry million-dollar fines.

What was the SNP asking for?

The National Fisheries Society (SNP) requested the elimination of paragraph c) of article 6.2 of directive 006-2021-SERNANP-DGANP. “Larger-scale extraction of hydrobiological resources, whether marine or continental, is prohibited within the Protected Natural Areas, whatever their level,” establishes the aforementioned article.

Paracas National Reserve: a protected sanctuary

In October of last year, the National Fisheries Society (SNP) requested the head of the National Service of Natural Areas Protected by the State to recognize the industrial fishing activity that existed before the creation of the Paracas National Reserve. However, in December, the Sernanp rejected this request, arguing that large-scale fishing is incompatible with the “objectives and purposes” for which the protected area was established.

During the court hearing on May 27, Luis Alberto Huerta Guerrero, public attorney specialized in constitutional matters, pointed out that the lawsuit sought for the Judiciary to authorize the presence of large-scale vessels in the reserve and evade fines pending resolution by the Produces.

This is also stipulated by the Second Constitutional Chamber of Lima. “We appreciate that the plaintiff (SNP) fails to keep in mind that the prohibition on large-scale extraction of hydrobiological resources was not generated just from the issuance of the questioned regulation (directive 006-2021-SERNANP-DGANP), but was in virtue of article 112.5 of Supreme Decree 038-2001-AG, published in the official newspaper El Peruano on June 26, 2001, in such a way that the plaintiff cannot intend to question a legal norm that does not establish a new rule but which alone is based on or reiterates the same prohibition as that contained in article 112.5 of Supreme Decree 038-2001-AG,” the resolution says.

What can the SNP do?

The National Fisheries Society (SNP)If you deem it appropriate, you may file an appeal against the ruling within a period of 5 days from the date of notification. If so, the Permanent Constitutional and Social Chamber of the Supreme Court will review the case in the second instance. This resolution is final and does not admit any appeal.