The legal Framework for the regulation and promotion of aquaculture in Peru, including marine, brackish, and fresh-waters is essentially comprised by Law N°27460 (2001) (Ley N. 27460) and its Regulations D.S.N. 030-2001-PE.
The Ministry of Production (Ministerio de la Producción) is the regulating body at the national level that promotes, regulates and controls the development of aquaculture in coordination with other State entities.
Within the Ministry of Production, the National Aquaculture Commission (Comisión Nacional de Acuicultura) acts as the inter-sector coordinating agency for aquaculture that regulates the participation of the public and private sectors for the promotion of its sustained development. This Commission is structured as follows :
The General Aquaculture Directorate of the Ministry of Production acts as the technical secretariat of the National Aquaculture Commission. In its technical, regulatory and promotional character has the responsibility to propose, execute and supervise the objectives, policies and strategies related to aquaculture activities at the national level.
Other important entities related to the promotion of aquaculture are the National Fund for the Development of Fisheries (FONDEPES). . Its objective is to promote, execute and provide technical and financial support to programs.
Commission of the Peruvian Promotion for Exports and Tourism (PROMPERU) . It promotes exports of aquaculture products and provides market information on international demand of cultured species, comparative advantages and business opportunities.
Peruvian Marine Institute (IMARPE) . Conducts scientific and technological marine and fresh water research in support of aquaculture development.
Peruvian Amazonian Research Institute (IIAP) . Conducts similar research activities but focused on the Amazonian region.
Ministry of Defence. General Directorate of the Coastguard (DICAPI) . The Peruvian maritime authority is the administrative entity responsible for the granting of marine leases for aquaculture.
Peruvian Technological Fisheries Institute (ITP) . Acts as the national fisheries health Service.
It is worthwhile mentioning that these Regulations classify aquaculture based on the following criteria:
a) According to the environment:
b) According to managerial practices:
c) According to yield levels:
The Peruvian Government has adopted agrarian and rural development policies within the National Agreement which has as its main objective the promotion and development of aquaculture.
The Ministerial Resolution N° 646-97-PE (Resolución Ministerial N. 646-97-PE) approved the “Guidelines on Fisheries Policy for the sustained development of fisheries and aquaculture”. These Guidelines include, amongst their main objectives, the development and implementation of systems and plans of Fisheries and Aquaculture Ordainment to warrant the responsible management of marine and inland hydro-biological resources; the promotion of the development of subsistence aquaculture, mainly in the Andean zones of greatest poverty and in the frontier lands; as well as the control and monitoring of the correct application of fisheries and aquaculture laws and regulations governing such activities.
It should also be pointed out that within the framework established by the Plan of Action for the Protection of the Marine Environment and Coastal Areas of the South-eastern Pacific guidelines (Plan de Acción para la Protección del Medio Marino y Áreas Costeras del Pacífico Sudeste) have been formulated for the regional development of environmentally sustainable marine aquaculture .
The main guidelines include: the requirement to create development and managerial plans for coastal aquaculture, integrate plans for coastal management, evaluation of Environmental Impact Assessment Studies (EIA) and the establishment of quality control measures for aquaculture products.
Peru participates in the following International Agreements:
Peru also participates in the following regional and bilateral instruments:
Concessions or leases are granted for the development of aquaculture activities in public property areas, seabeds or marine or inland waters. Authorizations are granted for the development of aquaculture activities carried out on private property, as well as for aquaculture research and stocking/restocking.
The General Directorate of the Coast-guard of the National Maritime Authority is empowered to assign sea, river and navigational lakes to the Ministry of Production for the granting of concessions for aquaculture. The Ministry of Production is responsible for the granting of concessions of the thus designated aquaculture areas.
Based on the designated areas enlisted in the National Aquaculture Registry (Catastro Acuícola Nacional) , the Ministry of Production may convoke by Ministerial Resolution to public contesting or bidding for the granting of such areas to conduct aquaculture activities.
The terms of the concessions granted by the Ministry of Production must be established in the Agreement on Conservation, Investment and Aquaculture Production signed between the applicant and the Ministry of Production or the Regional Directorate of Production. These Agreements must include, among other rulings, the general outline of the activities schedule to be executed, the program for the management of the environment, the production goals, the corresponding investment and the causes of expiration of the concession. Concessions may be granted for up to 30 years after which period, they may be extended .
As per the rulings of the Law for the Promotion and Development and Aquaculture and its modifications under Law N° 28326 (Ley N. 28326) , the requirements for the granting of authorizations for the development of aquaculture activities and of research related activities, stocking or re-stocking or water impoundments include:
The Ministry of Production has created a National Aquaculture Registry which includes all areas designated for the development of aquaculture. However, there are also applicants who request concessions for areas beyond those included in the Registry.
Aquaculture-designated sites should not interfere with other traditional activities carried out in the area. Through Resolution R.P. NN° 012-99-CONAM-PCD, the Peruvian Government approved the guidelines for the formulation and execution of the national programme and regional plans for coastal zone management. However, such Plans have not yet been formulated.
The Ministry of Production must coordinate and determine jointly with the Department of Water Resources, within the Ministry of Agriculture the areas which are considered to have the required availability of water resources for the development of inland aquaculture activities. Applicants must request the authorization of the right of use of water before the Department of Water Resources and pay a previously established fee. The Ministry of Agriculture will determine the corresponding fee based on the volume of water actually consumed.
The Regulations of the Law of Promotion and Development of Aquaculture (Ley de Promoción y Desarrollo de la Acuicultura) indicate that an Environmental Certificate of the Environmental Impact Study granted by the General Directorate of Environmental Fisheries Issues of the Ministry of Production will be required for the implementation of larger scale aquaculture practices, as well as for all those activities that may consider the introduction or movement of species.
The Document on Administrative Procedures of the Ministry of Production establishes in its Procedure 53, the requirements and documents that shall be filed by applicants of the above mentioned Environmental Certificate.
For the development of smaller scale aquaculture activities, including hatcheries and ornamental fish production centres, as well as for special concessions and management areas, users shall obtain the Environmental Certificate of the Environmental Impact Statement, also granted by the General Directorate of Environmental Fisheries Issues of the Ministry of Production (Texto Único de Procedimientos Administrativos del Ministerio de la Producción) . Requirements and documents to be presented are found in Procedure 53 of the Document on Administrative Procedures mentioned above .
The General Directorate of Environmental Fisheries Issues of the Ministry of Production has issued a Guide for the preparation of Environmental Impact Studies (EIA) for aquaculture projects.
Such Study (EIA) should comprise detailed information on the environmental viability of the project and should include:
Users that must discharge residual waters and re-use in the development of aquaculture activities, shall have the corresponding sanitary authorization granted by DIGESA .
In order to obtain such Certificate, the applicant should previously procure the health certificate issued by the originating country, as well as the national health certificate in the case of species subject to a quarantine period, which is issued by the sanitary authority.
When the importation implies the introduction of a new species to a particular environment, an Environmental Impact Assessment Study (EIA) will also be required by the Ministry of Production.
For the exportation of aquaculture products, the Peruvian Commission for the Exportation and Tourism (PROMPERU) , in coordination with the Ministry of Production, is responsible for the proposal of measures in support of the exportation of such products. The activities to be carried out by such governmental entity will also be coordinated with the Permanent Special Commission in charge of positioning and strengthening of Peruvian fishery products in the export markets .
Users that require to export live species produced through aquaculture in their various stages, shall request the corresponding authorization before the General Directorate of Aquaculture, complying with the established requirement under Procedure N° 51 of the Document of Administrative Procedures of the Production Ministry, as approved by Superior Decree N° 035-2003-PRODUCE .
Stocking or restocking, including the movement of species between different ecosystems, require a Previous Authorization by the Ministry of Production.
The governing authority of the National Fish Health Service is the Peruvian Technological Fisheries Institute (ITP - Instituto Tecnológico Pesquero del Perú) , which also has the responsibility for the formulation, approval and updating of the sanitary and quality norms (health requirements), and of granting of the Official Sanitary and Quality Certificate of all fishery products. The ITP is also in charge of inspection, survey and sanitary control as well as of the marketing conditions of fishery and aquaculture products. The Supreme Decree N° 040-2001-PE, Sanitary Norm for Fishery and Aquaculture Activities (Actividades Pesqueras y Acuícolas) , dictates several dispositions for the development of aquaculture. As such, aquaculture units and centres must be located in pollution-free zones and these centres must undertake a Sanitary Program which should include the following:
Excepting a few general sanitary dispositions, there are no specific dispositions regarding disease control for aquaculture practices.
The sanitary norm for fisheries and aquaculture activities states that aquaculture centres must have and apply a sanitary quality product assurance programme aimed at preventing and controlling the presence of chemical pollutants, pesticides and the adequate supply of therapeutic drugs and feed additives.
There is no specific reference on the restrictions on the use of chemical substances or drugs or medicines on the development of aquaculture.
As was mentioned above, the Regulations of the Agrarian Sanitary Law (Reglamento de la Ley de Sanidad Agraria) establish that all animal feeds, either national or imported, must be registered at the SENASA.
Such Regulations also dictate that the Technological Fisheries Institute (ITP) is responsible for the sanitary inspection of the capture, fishery or harvest, transport and processing of aquatic products, as well as of the sanitary conditions of the landing sites.
The sanitary norm dictating the application of the HACCP Plan in the manufacturing of food and beverages was approved through the Ministerial Resolution N. 449-2006-MINSA ( Resolución Ministerial N. 449-2006-MINSA). The application of this norm is compulsory for all those persons or companies that participate in any process of manufacture, preparation or industrialization of feeds and beverages intended either for the national or international markets, including those enterprises involved in fisheries or aquaculture.
Also, a Fund for Aquaculture Research (FIA), dependent upon the National Fund for Fishery Development (FONDEPES) has been created, having as its main objective the financing of scientific research activities and transference of technology, as well as training and diffusion of aquaculture information.
Ley N. 28611, “Ley General del Ambiente”. http://www.conam.org.pe
Decreto Supremo N. 016-2007-PRODUCE, “Reglamento de Inspecciones y Sanciones Pesqueras y Acuícolas” (RISPAC). http://www.elperuano.com.pe/
Decreto Supremo N. 030-2001-PE, “Reglamento de la Ley de Promoción y Desarrollo de la Acuicultura”. (LEX-FAOC031753).
Decreto Supremo N. 035-2003-PRODUCE, “Texto Único de Procedimientos Administrativos del Ministerio de la Producción”. http://www.produce.gob.pe
Decreto Supremo N. 040-2001-PE, “Normas Sanitarias para las Actividades Pesqueras y Acuícolas”. (LEX-FAOC031802).
Decreto Supremo Nº 007/98/SA - Reglamento sobre Vigilancia y Control Sanitario de Alimentos y Bebidas (LEX-FAOC014689).
Decreto Supremo Nº 012/01/PE, “Reglamento de la Ley General de Pesca y Normas Conexas”. (LEX-FAOC030956).
Ley N. 27640 “Ley de Promoción y Desarrollo de la Acuicultura”, modificada mediante Ley N. 27592 y N. 28326. (LEX-FAOC026852).
Ley N. 28559, “Ley del Servicio Nacional de Sanidad Pesquera”-SANIPES.http://www.congreso.gob.pe/
Resolución Nº 449/06/MINSA - Norma Sanitaria para la Aplicación del Sistema HACCP en la fabricación de alimentos y bebidas. (LEX-FAOC064139).
Resolución Nº 646/97/PE - Lineamientos de política pesquera para el desarrollo sostenido de la pesquería y acuicultura (LEX-FAOC011251).
Resolución R.P.N.012-99-CONAM-PCD, “Lineamientos para la Formulación y Ejecución del Programa Nacional y los Planes Regionales de Manejo Integrado de Zonas Costeras”. http://www.conam.org.pe/