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Peru

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
Peru 200 mi (1993) - -


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
PERU LEGISLATION
-Shipowner to leave a guarantee equivalent to 25% of fee payable for fishing permit. (Art. 81)
(Supreme-Decree No. 01-94 of 14 January 1994, implementing General Law of Fisheries)
For trawlers:
-Registration fee = US$2 000 (valid one year)
-Navigation permit fee = US$20 per GRT (valid one year)
-Fishing permit fee = US$250 per n.r.t. (valid one year)
(Supreme Decree No. 012-84-PE of 19 September 1984)
(Ministerial Resolution No. 522-90-PE of 27 September 1990)

For tuna freezer vessels:
-Registration fee = US$2 000 (valid 180 days)
-Navigation permit fee = US$20 per GRT (valid 180 days)
-Fishing permit fee = US$160 per n.r.t. (valid 180 days)
(Supreme Decree No. 008-84-PE of 6 July 1984)
(Ministerial Resolution No. 522-90-PE of 27 September 1990)
Licence fee for tuna fishing vessels = US$ 500/NRT for a 6 months period
(Ministerial Order No. 110-94. of 16 March 1994. Approving fishery plan for tuna and species)
LEGISLATION
Foreign fishing vessels under contract with Peruvian companies may operate through a variety of contract i.e. Ieasing, financial leasing, joint-venture ... which provide for compensations like local landing of fish, payment of fees, and other compensations like allowance in kind for research, training and fishery infrastructure. (Art. 49)
(General Law of Fisheries No. 25977 of 21 December 1992)
Fisheries Agreements or other international contract for tuna fishing to contain conditions supra and: number, description of authorized vessels; compensation by way of equipment or material for artisanal fisheries, technology transfers to the national fisheries industry; provisions facilitating entry of Peruvian fishing products on flag State's market; compliance with Peruvian legislation on conservation and sustainable use of fishery resources.
(Ministerial Order No. 110-94. of 16 March 1994, approving Fishery Plan for tuna and species)
 


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.
Logbook, and reporting requirements foreign fishing
PERU LEGISLATION
-Fishing permit is required for operations by vessels flying foreign flag. (Art. 43)
-Foreign flag vessels can operate in Peruvian waters under the following circumstances:
- fishery research;
- fishing operations under commercial contracts with peruvian companies;
- fishing species listed by the Ministry of Fisheries;
- fishing operations undertaken within fisheries agreements with foreign States and international entities, or within framework agreements between Minister of Fisheries and foreign private entities. (Art. 48).
-Fishing operations to be carried out against surplus of allowable catch unused by national fishing fleet, and to comply with national legislation of Peru. (Art.47)
General Law of Fisheries No. 25977 of 21 December 1992)
-Fishing for scientific and technological research in peruvian territorial waters to be authorized by the Minister. (Art. 34)
-Fishing permit valid for 12 months eventually renewable. (Art. 79)
-Shipowners to post joint guarantee, irrevocable, inconditional and automatic before beginning of fishing operations. (Art. 80)
-30% of the crew must be of peruvian nationality. (Art. 84)
-Countries under agreement with Peru to guarantee free access of Peruvian fishing products on their market. (Art. 85)
-Besides the usual data required for national fisheries activities fishing permit shall state, owner and vessel's nationality, legal representative, fishing quota and effort, terms and conditions of the contract authorized by the Ministry
(Supreme-Decree No. 01-94 of 14 January 1994, implementing General Law of Fisheries)
For trawlers:
-Fishing permits, navigational permits and registration are valid for one year.
-The vessel owner or outfitter must request the presence of two inspectors (from the Fishing Ministry and Defense Ministry) to inspect the vessel before commencing fishing operations.
-Vessels must display international radio call sign on both sides amidships.
-Agreement to offer at least 30% of total production to supply national market
(in case of leasing, financial leasing, and partnerships).
(Supreme Decree No. 012-84-PE of 19 September 1984)
(Supreme Decree No. 006-90-PE of 24 April 1990)
(Supreme Decree No. 015-89-PE of 27 November 1989)
For tuna freezer vessels:
-Navigation permits and registration are valid for 180 days. Fishing licences are also valid for 180 days, except for licences involving leasing, financial leasing, and partnerships, which are valid for 12 months.
-Rules concerning inspectors, international markings, security bonds, and obligation to offer a percentage of production to the national market are the same as those for trawlers.
(Supreme Decree No. 008-84-PE of 6 July 1984)
(Supreme Decree No. 015-89-PE of 27 November 1984)
For tuna purse seiners and longliners:
-preference is given by Minister of Fisheries, for licensing of vessels operating with selective fishing gear, like longline and fishing aggregating device;
-minimum mesh size of purse seiners nets is 100 m.m. (4 inches);
-purse seiners shall operate with specific device and method to avoid harming of non-targeted marine mammals while fishing tuna;
-fishing operations to be 30 n.m. off the coast;
-gear to be stowed when transiting;
-vessel to bear determined identification markings;
-vessel equipment with automated control system;
-30% of the crew to be Peruvian;
-transshipment of catches to be operated in bay or port authorized by the Minister.
(Ministerial Order No. 110-94. of 16 March 1994. approving Fishery Plan for tuna and related species)
LEGISLATION
Trawlers:
-Vessels over 150 n.r.t. must daily, report position and size of catch.
-At the end of each trip, the owner or charterer must submit report on catches, fishing effort, etc.
(Supreme Decree No. 012-84-PE of 19 September 1984)
Freezer tuna vessels:
-Licensed vessels must report daily on position, size of catch of species, water temperature in fishing grounds, and any other requested information.
(Supreme Decree No. 008-84-PE of 6 July 1984)
-Information collected during researches to be communicated to Ministry, text of 1994, January 1994.


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
PERU X   X     X   X X X X   X   X X   X XD XD       X    


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
PERU For unlicensed vessels: from 1/2 up to 5 000 UIT plus fines prescribed in relevant specific fisheries plans NO Catch: confiscated

 


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