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In brief

On 15 March 2024, Ministerial Resolution No. 000069-2024-PRODUCE was published, approving the Annual Plan for Environmental Assessment and Control (PLANEFA) for the fisheries subsector and the aquaculture subsector of the Ministry of Production for the year 2025.


What is the PLANEFA?

The PLANEFA is a planning instrument through which each Environmental Audit Entity (EFA) schedules the environmental audit actions to be carried out during the corresponding calendar year. This plan is essential to strengthen coordination between the Peruvian Environmental Assessment and Enforcement Authority (OEFA) and the EFAs in the formulation, execution and evaluation of their respective environmental auditing plans.

Objective

The objective of PLANEFA 2025 is to reduce the incidence of fishing activities that involve the extraction, landing, transport and commercialization of hydrobiological resources at sizes smaller than those established in Metropolitan Lima. This will be achieved through enforcement actions to promote environmental protection, conservation and sustainable use of hydrobiological resources in the development of fishing activities.

Programming of environmental enforcement actions

Within the framework of PLANEFA 2025, enforcement actions and administrative sanctions will be taken against any natural or legal person that carries out fishing activities in areas of extraction, landing, transport and commercialization of hydrobiological resources in smaller sizes in Metropolitan Lima.

If alleged infractions related to undersized hydrobiological resources are found during inspections in Metropolitan Lima, sanctions and corrective measures established in the Regulation of Inspection and Sanction of Fishing and Aquaculture Activities will be applied.

Supervision and enforcement

PLANEFA 2025 will be implemented by the General Directorate of Supervision, Enforcement and Sanctions (DGSFS-PA) of the Vice-Ministerial Office of Fisheries and Aquaculture, through the Directorate of Supervision and Enforcement and the Directorate of Sanctions.

We hope that this information will be useful to you and your company. Should you require legal advice on this matter, please do not hesitate contact us.

Spanish version

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Author

Jorge Danos has more than 20 years of experience continuously advising several state companies and public entities, including his constant participation in the different commissions in Congress created for the preparation of norms on administrative law. He was president of the commissions in charge of the preparation of the Draft for the General Administrative Procedure and the Draft for the Litigious – Administrative Procedure.

Author

Nicole Freire is an experienced lawyer specializing in environmental, climate change and ESG matters. With over a decade of expertise, she has provided valuable counsel to both local and international companies in various sectors such as mining, hydrocarbons, electricity, and industrial and commercial fields. Nicole is well-versed in navigating the complexities of ongoing business development, administrative sanction proceedings, carbon markets and formulating strategic plans to secure environmental permits. Nicole has been recognized by The Legal 500 in its 2023 edition for Latin America, where she was honored as a "Rising Star" in Environmental Law.

Author

Natalia has a solid background in administrative law, public-private partnerships and domestic and international arbitration.