According to SNP chairperson, Richard Inurritegui, Produce new supreme decree is inconstitutional. (Photo: SNP/FIS)
PERU
Friday, October 19, 2012, 16:20 (GMT + 9)
The National Fisheries Society (SNP) announced that it will present a Class Action Lawsuit to overturn Supreme Decree 005-2012, as it has been deemed unconstitutional.
Last August, the Ministry of Production (Produce) amended the regulations of the anchovy fisheries management and established the five-mile strip (between five and 10 miles) as a reserve area for direct human consumption (DHC) and artisanal fishing, by means of the above mentioned Supreme Decree.
However, for SNP, the new law actually discourages DHC.
Richard Inurritegui, president of the SNP, explained they chose to sue the unconstitutionality of the norm given the indifference shown by the Production Minister, Gladys Triveño, at the moment of learning about the position of the various industry associations, artisanal fishermen and Peruvian fishers.
The fisheries sector warned the minister on the adverse effects that will be generated as a result of one of the main economic activities of the country.
SNP claims that the legislation is far from managing the sector and jeopardizes the anchovy, the newspaper La República reported.
Inurritegui states the worst thing is that the Supreme Decree creates incentives for the DHC anchovy to be used for manufacturing fishmeal.
"This rule created an exclusive area for the whole year between the 5 miles and the 10 miles for 1,500 smaller scale vessels, without any scientific basis, given that in the recitals there is no report issued by Instituto del Mar del Peru (Imarpe) that can back it up," argued the SNP head.
Produce estimated from the effective date of the rule 500,000 tonnes of anchovy could be fished.
But SNP considers that at least 400,000 tonnes would be used to produce fishmeal.
The association also warned about the annual losses amounting to USD 300 million in exports, impacting 1,200 workers and their families.
Meanwhile, Alfredo Armendariz, an expert on fisheries issues, pointed out this: "While this Decree may have its effects and adjustments to do, it is a first step towards an actual management. Understandably, SNP, which captures 85 per cent of the domestic fisheries, is the first to object."