HAVING SEEN: IMPERPE Office No. 145-2017-IMARPE / CD and the Report No. 083-2017-PRODUCE / DGPARPA-DPO of the General Directorate of Policies and Regulatory Analysis in Fisheries and Aquaculture; Y,

CONSIDERING:

That Decree Law No. 25977, General Law on Fisheries, hereinafter the Law, in its article 2, establishes that the hydrobiological resources contained in the jurisdictional waters of Peru are patrimony of the Nation and that consequently it is up to the State to regulate the management Integral and the rational exploitation of these resources, considering that the fishing activity is of national interest;

Article 9 of the Law provides that the Ministry of Production, on the basis of available scientific evidence and socio-economic factors, determines, according to the type of fisheries, the fisheries management systems, allowable catch quotas, seasons and zones Fishing regulations, fishing effort regulation, fishing methods, minimum catch sizes and other standards requiring the preservation and rational exploitation of hydrobiological resources;

That article 21 of the Law establishes that the development of extractive activities is subject to the provisions of this Law and to the specific regulatory rules for each type of fishery; So that the State promotes, preferably, the extractive activities of hydrobiological resources destined for direct human consumption;

That Article 17 of the Regulations of the General Fisheries Law approved by Supreme Decree No. 012-2001-PE, hereinafter the Regulation, prescribes that the Ministry of Fisheries (now Ministry of Production) will establish a permanent supply regime for The canning, freezing and curing industry, with which the provisions of the second paragraph of article 21 of the Law will be fully complied with; The scheme will be in harmony with the principle of responsible use of water resources;

That Article 5 of the Regulation provides that the fisheries regulations are approved by means of regulations whose purpose is to establish the principles, rules and regulatory measures applicable to the hydrobiological resources to be administered as separate units;

Article 1.2 of Article 1 of the Fisheries Regulation of the Anchovy Resource for Direct Human Consumption approved by Supreme Decree No. 005-2017-PRODUCE has, among other objectives, to contribute to the development of the industry for direct human consumption by ensuring Sustainable supply of resources and development of fisheries as a source of food, employment and income; Likewise, Article 9 provides that the Ministry of Production, through Ministerial Resolution, based on the information provided by IMARPE and according to the population units of anchovy, will establish the Total Maximum Capture Limit for Direct Human Consumption (LMTC) -CHD) for annual periods, and may be modified according to the permanent monitoring of the anchovy fishery carried out by IMARPE, in order to guarantee the supply of fish for direct human consumption, without prejudice to the sustainability of this resource;

That, through Ministerial Resolution No. 435-2015-PRODUCE, the Multi-Year Strategic Sectoral Plan (PESEM) 2016-2021 of the Production Sector was approved, through which the strengthening of fishing activity with a sustainable development approach is One of its strategic objectives related to the variable sustainability, contemplating as strategic actions the increase of the value added of the fishery and aquaculture production, and to improve the productivity of the artisanal fishing;

That, IMARPE, through Official Letter No. 145-2017-IMARPE / CD, refers the "Hydroacoustic Assessment Report of Pelagic Resources - Cruise 1703-04", which states, inter alia, that: i) "The distribution of Anchoveta was very coastal and continuous between Salaverry - Morro Sama, registering important areas of high abundance "; And (ii) "Total anchovy biomass was estimated at 8.9 million tonnes. For the North-Center region was 7.78 million tons, and for the southern region 1.17 million tons, with the highest abundances in the first 20 mn of distance to the coast ";

That the Directorate-General for Policy and Regulatory Analysis in Fisheries and Aquaculture through Report No. 083-2017-PRODUCE / DGPARPA-DPO, based on what IMARPE reported in Official Notice No. 145-2017-IMARPE / CD, recommends , Among others, that: "(...) as provided in Article 9 of the Regulation of Fishing Order of the Anchoveta for Direct Human Consumption, approved by Supreme Decree No. 005-2017-PRODUCE; Taking into account the need for concerted action between the State and the Private Sector, in order to optimize the fishing activity in its extraction phases

Original Link:

http://busquedas.elperuano.com.pe/normaslegales/establecen-cuota-de-captura-del-recurso-anchoveta-para-el-an-resolucion-ministerial-n-186-2017-produce-1512176-2/