More controls, same problems: produces does not solve chaos in artisanal fishing

The Ministry of Production (Produces) updated the regulations of the General Fisheries Law Through Supreme Decree No. 002-2025-Produce, in compliance with Law No. 31749, which recognizes traditional ancestral fishing and traditional artisanal fishing, promoting its preservation within five Peruvian sea miles.

It ratifies that the first five miles of the Peruvian sea are reserved for artisanal fishing and restricts the use of mechanized siege in the first three miles adjacent to the coastdue to its impact on the marine ecosystem.

“The discussion is especially strong in the south of the country, where the continental socket is closer to the coast and there are the anchovy schools. In fact, the same thing happens in Chile, but there is allowed fishing from the three sea miles,” Juan Carlos León, an expert in international transport and logistics, told the Republic.

Piero Rojas, specialist in fishing law and part of the technical team of Sonopescal (National Society of Artisanal Fishing of Peru), clarified to this newspaper that the norm does not prohibit fishing with mechanized siege or restricts freedom of business, but establishes limitations with the objective of prioritizing the conservation and protection of the marine resource. “It is a right to the environment,” he said.

In that sense, it produced established a maximum period of sixty (60) business days to regulate the Adaptation process of fishing vessels that modify their categorythat is, those of mechanized fence that will pass to a smaller scale in order to operate within the miles established in the Supreme Decree.

He also reported a program of installation of the satellite equipment (Sisetat) For those fishing vessels that have successfully completed the adaptation process and considering the type of fishery. This allows to guarantee the supervision of the Ministry on the location of the fleet.

Informality as the second problem

With a modern and sustainable approach, the government seeks to close spaces to the illegal fishing Through clearer regulations, guaranteeing that artisanal fishing remain a source of employment and food for thousands of Peruvians. This was highlighted by the Deputy Minister of Fishing and Aquaculture, Jesús Barrientos, in statements collected by the Peruvian on the new regulations.

However, León warned that the real sustainability problem in artisanal fishing does not live only in the competition with mechanized vessels, but in the uncontrolled growth of the artisanal fleetwithout an effective response from the authorities.

“We talk about informal shipyards, but in the end they end up being validated by pressure and demagogy. That is a real threat to any resource,” he said.

Handmade fishing and formalization without limits

Piero Rojas highlighted two formalization processes. First, the one carried out by Legislative Decree No. 1392, promulgated in 2018, through the artisanal fishing formalization system (Siforpa).

And the second, the Supreme Decree No. 006-2016-PRODUCE and amending, which promotes the formalization of artisanal fishing vessels through their association in fishing cooperatives, facilitating obtaining collective fishing permits to legally operate.

Subsequently, through Supreme Decree No. 003-2023-produce, the final phase was arranged for shipowners who had complied with the various conditions imposed by Supreme Decree No. 006-2016-Produce, they can achieve their formalization. This last stage was going to culminate in September 2024. However, through Ministerial Resolution No. 00395-2024-Produce not only extended the formalization process of Supreme Decree No. 006-2016-Produce, but also endorsed its continuity while completing the necessary requirements to obtain definitive fishing permits.

It is this last precision that gives rise to the “uncontrolled growth of the artisanal fleet”, since it may take years the regularization of fishing. Meanwhile, said the specialist in fishing law, Many resources have been exploitedamong them the pota and the parakeet.

“The State must put final terms for the closing of this formalization process,” Piero Rojas urged.

Only fishing permits should be granted for those resources that may prove to have been previously exploited, in order to guarantee their sustainability and avoid overexploitation of new species, he said.

“The State does not allocate funds to guarantee these standards with training to fishermen or control tools from the capture, manipulation and preservation on board, to the cold chain in landing, transport and commercialization. It is necessary to better equip the docks and have experts in health and safety experts,” said Juan Carlos León.

Experts agree that Missing political will, planning and capacity From the Ministries, the General Directorate of Captaincy and Coast Guard (Dicapi) and the National Police to control and destroy illegal vessels.

“Last year there was only one intervention in the north of the country. So far this year, none, ”said Rojas.

Modifications

Among the most relevant changes, the decree eliminates the requirement of presenting a registration certificate With current endorsement to obtain or renew a fishing permit. This measure seeks to reduce bureaucracy and facilitate the access of artisanal fishermen to formalization, eliminating a procedure that previously hindered the renewal of permits for those who operate small boats.

In addition, it is established that fishing permits will expire if extractive activity is not demonstrated for two consecutive years. With this norm, the Government intends to avoid the accumulation of permits in the hands of people or companies that do not actively operate in the sector, promoting a more equitable use of marine resources.

The Supreme Decree also introduces changes in the Glossary of the Regulation, in order to specify the differences between the various fishing arts. Specific definitions are incorporated for passive and active fishing arts, and a clear distinction is established between the art of manual and machining fence.

Fact

• Passive fishing arts or rigging: utensils or tools used for the extraction of hydrobiological resources. The capture is based on the displacement of the target species, towards the encounter or interaction with the art or fishing. They are made up of ENMALLE networks, hooks and lines, traps or nasas, which are deployed in the aquatic environment.
• Active fishing arts or rigs: utensils or tools used for the extraction of hydrobiological resources, which go to meet said resources.
• Manual siege fishing: active fishing art whose lance, closure and collection (charged) operation is done manually, or using, only for closing, an auxiliary equipment (“winche”); without the use of “macaco.”
• Mechanized siege fishing art: active fishing art whose lance, closing and charged operation is performed with mechanized means or with the use of an auxiliary engine or equipment (“winche”), or with the use of “macaco” and maneuver feathers.