Federal Fishing Regime Amendment

While the new law does not specifically mention the issue, the sovereignty claim over the Malvinas Islands and their natural resources has been a decisive factor in the enactment of this amendment that penalizes operators who simultaneously hold fishing permits issued by the Argentine State and by the British authorities for fishing in the Islands.

To give a reasonable opportunity to allow for the option of one permit or the other (in other words, the Argentine fishing permit or the British authorities fishing permit), a 360 day term is provided for the entering into force of this amendment of the Fishing Regime which will become due on June 15, 2009.

The amendment introduces the modifications described below:

First, the amendment adds a new article, Section 27 bis, which empowers the Federal Fishing Council to grant capture quotas or capture authorizations only to those individuals or companies that by affidavit manifest they are not ship-owners or owners of fishing vessels “that carry out fishing operations in waters under the jurisdiction of Argentina without a fishing permit” issued in accordance with the provisions of the law and that are not part of a legal, economic or profit relationship, with individuals or legal persons who are in the situation described above. 

It also incorporates a new paragraph to Section 28 in fine, by which, if “a holder of a fishing permit that holds assigned capture quota/s and/or capture authorizations in the terms of this law” does not comply with the provisions of the new Section 27 bis, there will be an automatic revocation of permits and quotas and/or authorizations.

The penalties graduation provided under Section 51 were modified. A warning penalty for minor infractions was added, and the minimum period of suspension of the infringing vessel’s registration was lowered from fifteen to five days, without modifying the maximum term of one year suspension. The amendment also added the “seizure of illegally obtained capture” to the existing sanctions of seizure of the vessel and gear and fishing equipment.

The amendment also increased substantially the amounts of the fines applicable for cases of serious infringements.

The Federal Fishing Regime previously provided various cases characterized as serious infringements (fishing in forbidden areas, fishing without a permit; using prohibited gear, techniques and equipment, plus others that could be added by the enforcement authority). The fines ranged from fifty thousand pesos (AR$ 50,000) to two million pesos (AR$ 2,000,000).

The amendment now provides two different scales for two different cases. If the infringement consists of fishing without a permit, the fine shall be of between five million pesos (AR$ 5,000,000) and ten million pesos (AR$ 10,000,000). If the infringement consists of fishing in a forbidden area, or without a capture quota or authorization, the fine shall be of not less than thirty thousand pesos (AR$ 30,000).

Finally, the new law modifies Section 54 bis, which provides rates of reduction of the fine if the charge is accepted. The general principle states that if the charge is accepted within ten business days after being notified, the fine is reduced to 50% and, if it takes place after the expiry of that period, the penalty is reduced to 75%. However, the amendment provides that in case a fine for fishing without a permit is applied, these percentages shall be 75% and 90% respectively.