PERU fishing with guts to report…
The rearrangement of Fisheries could turn back after learning a recent ruling that declared unconstitutional the Supreme Decree 011 of the Ministry of Production (PRODUCE). The Fourth Civil Chamber of the Superior Court of Lima gave favorable to the popular action filed by the Fishing Vessel Owners Association of Law 26920 answer.
Medardo Vite, president of the union, told El Comercio, this ruling gives them reason and invalidate the rule limiting Anchovy Fishery by 10 miles."It was a fair decision, our 400,000 boats are wooden and put us at risk. At the moment we have already requested an injunction to ensure our rights [Fishing] while the process ", Says.
Thus, the S.D. 011-2013-Produce would have the same fate as the DS 005, that divided the sea on three lanes and reserved mile 0 to mile 10 for direct human consumption. He also placed beyond the 10 mile industrial.
As expected, Produce disagrees and confirmed to this newspaper would appeal the decision. “Se trata de una sentencia con cuyos fundamentos discrepamos. Por ello, apelaremos ante la Corte Suprema de la República, a través del procurador público encargado de asuntos constitucionales”, emphasized in a statement the sector. Meanwhile, he added that fisheries management will remain.
It should be noted that the S.D. 011, maintains the order of the Peruvian Sea into three lanes. This rule was issued because, previously, the November 21, 2013, the Supreme Court declared unconstitutional paragraph 2.2 of DS 005, which reserved the corridor mile 5 through 10 to the fleet of smaller scale.
According PRODUCE, the norm has three main objectives: to protect aquatic resources, increase biomass and promote direct consumption.
THIS IS VOID?
In the appeal PRODUCE, Richard Inurritegui, fishing Attorney study Rodrigo Elias and Medrano and former President of the National Fisheries Society (SNP), explains that the Supreme Court finally resolved the issue. "The hope is that the Supreme Court ratifies the decision of the Superior Court"He notes.
While there are no specific deadlines, Irrunitegui says that being a matter of national interest, the end of this story would be known shortly.
Meanwhile, Elena Conterno, president of the SNP, reiterated that Decree 011 has not had the expected results in the direct human consumption (CHD) and contributed with black Fisheries.
"We expect a review, even after this failure. Recall that a year ago when the Supreme Court rejected the 005 in a ruse published the standard 011 "He said.
Meanwhile, Conterno expects 2015 to be better than this year, as has been "Very bad for Fisheries both regulatory framework and climate".
WHEN WILL KNOW IF FISHING?
In two weeks we will know if a new fishing season is set, after the IMARPE process monitoring data Biomass has been done, as stated by the Deputy Minister of Fisheries, Juan Carlos Requejo.
"Verification of Biomass has been done on the coast and now we await the results. If they say no, then appropriate action will be taken ", Requejo said.
Elena Conterno, president of the National Fisheries Society (SNP), said companies will be respectful of what the report says IMARPE. However, he mentioned that so far we know that the biomass is better than previously found.
If it is decided that no new fishing season PRODUCE has designed a contingency plan that does not affect small fishermen.
GONE FISHING AND RETURNS
► The decree 005. In August 2012 PRODUCE 200 miles divided by the DS 005, three: from 0-5 miles for the artisanal fisheries; the 5 mile marker 10 for smaller scale and more than 10 for industrial fishing.
► No effect. In November 2013 the Supreme Court declared illegal the DS 005 having no scientific basis.
► ace up his sleeve. In December 2013, the PRODUCE puts into effect the DS 011 ordering the Fish and says it does scientific basis.
SOURCE: Elcomercio.pe
