This chapter describes the institutional and legal dimensions of the fisheries and aquaculture sector in Peru. Fisheries governance is led by the Ministry of Production (PRODUCE), supported by IMARPE, SANIPES, FONDEPES and regional governments. The General Fisheries Law forms the core regulatory framework, complemented by 13 species‑ and region‑specific management regulations. Although institutional co-ordination mechanisms exist, regional governments face significant capacity and resource shortages, which can impact effective enforcement and data reporting for artisanal fleets. Peru is actively engaged in international fisheries as a participant in regional fisheries bodies such as IATTC and SPRFMO, and in implementing the most relevant international agreements in the sector. That said, political instability has resulted in high turnover among key decision‑makers, weakening long‑term planning. Despite the persistent challenges around informality, limited regional capacity, and stakeholder engagement in some regions, Peru’s governance systems are strong and ensure the sector is, in general, well regulated.
Policies for the Future of Fisheries and Aquaculture in Peru
Abstract
The Ministry of Production (hereafter PRODUCE) is the competent institution for fisheries and aquaculture policies in Peru. It has exclusive competence over fisheries management and medium and large-scale aquaculture. It also shares competences with the regional and local governments over artisanal and traditional ancestral fisheries and micro, small-scale and limited resources aquaculture.
PRODUCE is supported by a public executing agency the National Fund for Fishing Development (FONDEPES), and three specialised independent technical agencies, the Institute of the Sea of Peru (IMARPE), the National Fisheries Health Agency (SANIPES) and the Technological Institute of Production (ITP).
In Peru, the General Fisheries Law (GFL) and its Regulations (D.S. N° 012‑2001‑PE) set the overarching legal frameworks for fisheries at the national level. It is complemented by fisheries management regulations (ROPs), specific regulations for individual species, groups of species of commercial interest or specific regions.
There are specific horizontal co-ordination mechanisms between PRODUCE and other national institutions, such as the Co-ordinating Committee of Deputy Ministers under the Council of Ministers, which enhances dialogue, facilitates decision making and allows for the collective construction of draft multisectoral legislation.
Peru has good mechanisms for integrating scientific data into fisheries and aquaculture policymaking. IMARPE is responsible for conducting scientific and technological research on the sea and inland waters. One of its core functions is to provide PRODUCE with the scientific basis for the rational administration of marine and continental resources. This is achieved through the collection of biological data; the evaluation of fish stock status; the monitoring of marine species, fishery activities, landings and by-catches; and evaluating the carrying capacity of water bodies for aquaculture.
Peru is a Contracting party, adherent or observer to different regional fisheries management organisations (RFMOs) and regional fisheries bodies, most notably the Inter-American Tropical Tuna Commission and the South Pacific Regional Fisheries Management Organization. As such, it is actively engaged in international co-operation for fisheries management. Peru reports data and collaborates in research and uses the bodies’ reports, recommendations and instruments to inform its national level fisheries policies.
Recommendations
Strengthen vertical collaboration efforts to ensure effective co-ordination with regional and local governments on fisheries issues, with specific efforts to ensure the effective and clear delegation of responsibilities across institutions.
Enhance efforts to ensure remote coastal and continental communities (notably in the Amazon region) are informed of the latest developments in fisheries policies and are actively engaged in the policy-making process where required, to facilitate policy implementation.
2.1.1. The Ministry of Production and the Vice-Ministry of Fisheries and Aquaculture lead the formulation of fisheries policy
PRODUCE is the competent institution for fisheries and aquaculture public policies and is also responsible for industry and small and medium-sized enterprises.1 It has exclusive competence over fisheries management, industrial fisheries policies, and medium- and large-scale aquaculture. It also shares competences with regional and local governments over artisanal and traditional ancestral fisheries and micro, small-scale and limited resources aquaculture.
Within PRODUCE, the Vice-Ministry of Fisheries and Aquaculture (formerly the Ministry of Fisheries and still referred to as such in the GFL and its Regulations) is responsible for formulating, planning, directing, co-ordinating, executing and overseeing compliance in fisheries and aquaculture policies at the national level through its six directorates.2
To exercise its competences, PRODUCE is supported by a public executing agency, FONDEPES, and three specialised independent technical agencies (IMARPE, SANIPES and the ITP) (Figure 2.1). The agencies operate with technical, financial and administrative autonomy, but are subject to the fisheries and aquaculture regulatory framework. Thus, they operate in line with the policy, plans and objectives determined by PRODUCE.
FONDEPES provides technical, economic and financial support to promote and develop maritime and inland artisanal fishing and aquaculture activities. It provides credit programmes for infrastructure development; business consultancy; and the supply of materials, equipment, gear and tackle (see Chapter 4 for further details on government support to fisheries). It also organises training and technical assistance through its three fisheries training centres and six aquaculture centres. Further, it implements investment projects for the construction and/or modernisation of artisanal fishery landing areas.
IMARPE is dedicated to scientific research and the study of the Peruvian sea and its resources (Box 2.2). It assists the government in taking decisions on the sustainable use of fishery resources and marine conservation. It studies the relationship between fishery resources, the environment and fishing activities, providing scientific advice for responsible management and biodiversity protection.
SANIPES is in charge of health and safety of fisheries and aquaculture production. It ensures compliance with the regulations on the health and quality of fishery products, industrial fishing safety and hygiene, and the preservation of the environment. To this end, there are seven laboratories across the country, with state-of-the-art infrastructure and equipment. Tests are performed under the guidelines of the international standard ISO/IEC 17205 and are part of SANIPES’ responsibilities of official control and supervision of products to be marketed domestically and internationally, ensuring their safety and safeguarding public health. SANIPES also supports PRODUCE by proposing sanitary policies, creating and updating regulations, and ensuring the proper functioning of fishery and aquaculture infrastructures. Additionally, it provides training to public and private agents and is responsible for monitoring environmental accidents and contamination of fishery and aquaculture products for human consumption.
The ITP is responsible for research, development, innovation, adaptation, transformation and technology transfer to maximise resource utilisation and enhance the competitiveness of the production sector. Its functions include formulating and approving regulations, strategies and projects related to technological research, innovation and capacity building within the production sector. It also co-ordinates, guides and certifies the innovation and technology transfer centres (CITE), which include a specialised CITE on Fishing and Aquaculture. CITEs are decentralised bodies of the ITP that enhance productivity and competitiveness through training; technical assistance; technology adoption; and research, development and innovation activities.
Note: Institutional bodies attached to the Ministry of Production are specialised agencies operating with technical, economic and administrative autonomy but subject to the policy, plans and objectives determined by the Ministry of Production.
In this context, PRODUCE, through the Vice-Ministry of Fisheries and Aquaculture and attached institutional bodies, oversees compliance with the regulations governing all fishing and aquaculture activities and their administration, including direct and indirect activities that use marine and inland water resources, at the national level, including:
the management and protection of marine and inland biological resources
the management of fishing capacity and the fishing fleet
granting concessions for aquaculture activities
issuing and processing fishing licenses, authorisations and permits
monitoring, control and surveillance, including at-sea and in-port inspections, in conjunction with DICAPI
imposing sanctions for infractions of the management rules
implementing environmental adaptation and management programmes, environmental impact studies, and maximum permissible limits of emission and exposure of processing plants
health, quality, hygiene and safety surveillance.
2.1.2. Role of regional governments
Regional governments in Peru are responsible for administering the governance of their respective regions with political, economic and administrative autonomy.3 Eleven coastal regional governments encompassing 77 provinces and 691 municipalities carry out their activities through the regional production directorates that sit within each regional government’s economic development departments.
Regional governments play a central role in the implementation and oversight of fisheries and aquaculture. They also have shared competences with PRODUCE, notably in the area of artisanal and traditional ancestral fisheries and micro, small-scale and limited resources aquaculture. However, some gaps remain on the clear separation of competences between PRODUCE and the regional governments as the decentralisation process is ongoing (Paredes et al., 2024[1]; Interviews in the context of the Review, 2024[2]; World Bank, 2021[3]).
Regional governments perform tasks related to the implementation of fisheries and aquaculture policies, including granting authorisations and fishing permits for artisanal fisheries and subsistence fishing; overseeing and monitoring fishing activities (with specific attention to artisanal fishing and in collaboration with PRODUCE and other relevant institutions; see Chapter 6); and ensuring compliance with environmental, technical and legal standards. Additionally, they manage fishing infrastructure and promote private investment and research at the regional level. Similarly, they are responsible for ensuring compliance with the provisions on sanitary control of hydrobiological products for direct consumption in the domestic market, in co-ordination with relevant national level agencies. Under the leadership of PRODUCE, regional governments also take part in the formulation and design of fisheries management regulation instruments to ensure they can be effectively implemented.
Regional governments face important challenges, mainly related to limited financial financial and human resources, which hampers their ability to effectively complete the tasks under their responsibility. Notably, they have limited administrative capacity, as they lack specialised human resources with technical knowledge on fisheries regulations and management, which leads to weak implementation of the legal framework (Paredes et al., 2024[1]; World Bank, 2021[3]). This results in significant shortcomings in the reporting of information to PRODUCE and the limited use of technological tools for MCS activities.
Finally, continued stronger communication between PRODUCE and the different regional governments is required for effectively implementing and progressively enhancing the national legal framework of fisheries and aquaculture policies, and for adequately reporting and sharing information with PRODUCE. Continued technical assistance and capacity building from PRODUCE, IMARPE and other relevant institutions to competent staff in the regional governments is required to improve knowledge and build trust.
The GFL and its Regulations (D.S. N° 012-2001-PE) set the overarching legal frameworks of fisheries at the national level. Under the law, Peru’s hydrobiological (i.e. marine) resources are national heritage assets administered by the state, making it the government’s responsibility to regulate their comprehensive management and exploitation. This includes all marine resources from the coastline up to 200 nautical miles. The main objective of the GFL and its Regulations is to govern fishing activity to achieve sustainable production development as a source of food, employment and income, optimising economic benefits while preserving the environment and biodiversity.
The GFL and its Regulations define, among other things:
the objectives of the fisheries policy
the methods for managing and protecting the renewable hydrobiological resources of the land and the sea
the method and conditions of industrial, small-scale and artisanal fishing
the management of the fishing fleets
the collection of data and their handling
the method and conditions of fish processing; of MCS systems; of infractions and sanctions in the sector; and environmental monitoring, control and protection.
The GFL is complemented by the General Law on Aquaculture (D.L. N° 1195, 2015) and its Regulations (D.S. N.° 003‑2016‑PRODUCE).
The GFL also has provisions related to participation in international organisations relevant to fisheries and international projects that contribute to the goals of national fisheries policy. It also defines the ways in which foreign-registered vessels can access hydrobiological resources (see Chapter 6).
2.2.1. The General Fisheries Law has been updated three times and is complemented by other regulations on fisheries management
The GFL has been modified on three occasions: 1) in 2008, through Legislative Decree 1027 on the power of PRODUCE to grant enabling titles to develop fishing activities; 2) in 2018, through Legislative Decree 1393 to regulate the prohibition of illegal fishing; and 3) in 2023, via Law 317494 to recognise traditional ancestral fishing and traditional artisanal fishing and promote their preservation within the first five nautical miles. The last reform was implemented to address emerging policy issues, loopholes and criticisms to the Law (notably by fishers and civil society organisations) (Interviews in the context of the Review, 2024[2])) relating to issues on fisheries stock management; institutional governance and co-ordination; fisher’s categorisation regime; and fisheries’ MCS.
Fishery management is supported by additional legislation, namely the ROPs. ROPs are specific fisheries management regulations in force for individual species or groups of species of commercial or particular interest. Certain ROPs are also in place for regions and specific areas under high fishing pressure or resource exploitation problems. ROPs are defined and approved by PRODUCE, which specifies access regimes; TACs; fishing effort defined as fleet size; fishing seasons and closed fishing periods; minimum catch sizes; restricted or reserve zones; fishing gear methods and systems; and the necessary MCS actions. ROPs have an indefinite statute. Hence, some ROPs, such as the ROP Deep-sea cod (Dissostichus eleginoides), have been in force since 2001 (R.M. 236‑2001‑PE). ROPs can be modified, derogated and replaced as deemed necessary as a result of periodical reviews. The most recent such case concerned the jumbo flying squid (Dosidicus gigas), for which a new ROP was approved in March 2025 (D.S. N.003‑2025‑PRODUCE). As of mid-2025, when this report was prepared, 13 ROPs were in force, eight of which focused on individual commercial species and five were spatially designed and/or encompassed multi-species fisheries (Table 2.1).
Note: ROP: fisheries management regulation; CHD: direct human consumption.
2.2.2. Fishing permits and rights for marine fisheries
There are two general fishing exploitation regimes for marine fisheries in Peru: commercial and non-commercial fishing. Access to Peruvian marine fishing resources is regulated through fishing permits granted by PRODUCE, except for subsistence and sport fishing without a vessel (Table 2.2). Three levels of fishing effort are currently recognised under the commercial fishing category: artisanal, small-scale, and industrial or large-scale. The artisanal permit allows fishing all marine species in the Peruvian maritime jurisdiction (unless otherwise indicated in regulations under specific ROPs). The authorised fishing vessels are included in the General Registry of Fisheries, which port authorities can access to check the fishing vessels’ clearance to set sail.
Source: Government of Peru (1992[4]), General Fisheries Law, https://spij.minjus.gob.pe/spij-ext-web/#/detallenorma/H757193.
In addition to the permit, all fishing activities are subject to obtaining fishing rights, which are granted after paying specific rights fees (Table 2.3). Additionally, industrial vessels and small-scale fleet owners have to pay a fishing fee to PRODUCE corresponding to a percentage of total landings value (usually 0.058% per tonne extracted following the GFL and its Regulations). Each year, industrial vessels and small-scale fleet owners must submit a sworn statement to PRODUCE (usually in January) declaring the fishing season total catch to estimate the fishing rights taxes. This catch is compared to the total volume unloaded at the registered processing plants. Discrepancies of 3% or more are grounds for penalties, ranging from increased fees to permit suspension.
Sources: Decree-Law No 25977; Government of Peru (1992[4]), General Fisheries Law, https://spij.minjus.gob.pe/spij-ext-web/#/detallenorma/H757193.
2.2.3. Artisanal fishing
Peruvian legislation defines artisanal fishing as the extractive activity performed by natural persons, family groups or artisanal enterprises (including co-operatives) using artisanal vessels or simple techniques, predominantly manual labour and intended for direct human consumption (Table 2.4).
Sources: Government of Peru (1992[4]), General Fisheries Law, https://spij.minjus.gob.pe/spij-ext-web/#/detallenorma/H757193; Supreme Decree 012-2001-PRODUCE (2021).
The GFL and its Regulations encourage capabilities in artisanal fishermen, processors and artisanal social organisations by:
promoting entrepreneurship management, technology transfer and training
granting special lines of credit for developing artisanal fishing activities
promoting access to social security systems
developing basic infrastructure and equipment through the National Fisheries Development Fund
exempting natural and legal individuals engaged in artisanal activities from paying rights fees for concessions, authorisations, fishing permits and licenses
exempting them from fleet increase authorisation requirements (Article 35 of Supreme Decree No. 012-2001-PRODUCE).
In 2023, the General Fisheries Law and its Regulations were modified to recognise traditional ancestral fishing and artisanal fishing. Traditional ancestral fishing comprises traditional vessels called totora rafts (caballitos de totora), canoes, artisanal sailboats or other vessels recognised by the Ministry of Culture. Traditional artisanal fishing is redefined as an activity with a predominance of manual labour, which may or may not use an artisanal vessel, which only includes non-destructive and selective non‑mechanised methods for its operation, including artisanal purse seines for species destined for direct human consumption. All traditional and artisanal fishers are included in the new National Registry of Traditional Ancestral Fishermen and the National Registry of Artisanal Fishermen, aiming to implement public policies to improve artisanal fishers’ quality of life and access to public services, credit, education, training and other benefits.
Traditional ancestral and artisanal fishers have exclusive spatial fishing zones within five nautical miles adjacent to the coast. Industrial fishing activities (e.g. bottom trawls, industrial seine nets, dredges and mechanised fishing nets) are prohibited in this area due to their deleterious effect on coastal ecosystems and other fisheries’ target species, functioning as a flora and fauna protection area. Furthermore, small-scale mechanised operation vessels (i.e. small-scale mechanised purse seine fleet) are prohibited in the first three nautical miles. Additionally, the Institute of the Sea of Peru and the Ministry of Production (PRODUCE) establish a maximum allowable tolerance limit per fishery for bycatch and incidental catch from daily operations.
As an exemption, PRODUCE could authorise larger scale fishing activities (e.g. industrial fishery) within the five nautical miles and could also authorise differentiated extraction areas for artisanal and small-scale activities due to the geographic characteristics of the coastline. Some examples are in the Fishery Management Regulation (ROP) for artisanal and small-scale extractive activities in the Department of Tumbes, where artisanal purse seine nets are prohibited, and in the ROP anchoveta, where the use of purse seine nets is allowed from three miles from the coastline.
Sources: Supreme Decree N° 013-2024-PRODUCE; Law 31749 of 2023; Government of Peru (1992[4]), General Fisheries Law, https://spij.minjus.gob.pe/spij-ext-web/#/detallenorma/H757193, Supreme Decree No. 020-2011-PRODUCE; Supreme Decree 005‑2017-PRODUCE.
There are good institutional mechanisms in place for co-ordination, consultation and decision making with other relevant government institutions involved in fisheries matters. One of the main horizontal co-ordination mechanisms between PRODUCE and other national institutions is the Co‑ordinating Committee of Deputy Ministers under the Council of Ministers, which enhances dialogue, facilitates decision making and allows for the collective drafting of multisectoral legislation. Similarly, PRODUCE collaborates with other institutions looking to collectively deliver on effective fisheries policy implementation, bringing coherence, predictability and legitimacy to the sectoral policies. Notably, PRODUCE has legal instruments that put in place mechanisms for information sharing and periodic reporting within relevant institutions.
While the Vice-Ministry of Fisheries and Aquaculture is primarily responsible for fisheries and aquaculture governance, some important aspects fall under the responsibility of other national level institutions (Table 2.5). Notably, the Directorate General of Capitaincies and Coast Guard under the Ministry of Defence (DICAPI) plays an important role for fisheries governance as it is responsible for regulating, planning and supervising all technical, operational and administrative aspects of activities in aquatic and coastal zones. Consequently, DICAPI is responsible for sailing clearance, issuing vessel construction permits and MCS of hydrobiological resources in collaboration with PRODUCE (Chapter 6).
Sources: Information from Title X of Government of Peru (1992[4]), General Fisheries Law, https://spij.minjus.gob.pe/spij-ext-web/#/detallenorma/H757193 and Government of Peru (2001[5]), General Regulation of the Fisheries Law, http://www.gob.pe/uploads/document/file/418473/Decreto_Supremo_Nº_012-2001-PE.pdf?v=1573142303.
2.3.1. Production and use of scientific data in fisheries policies
PRODUCE is responsible for defining the fisheries management systems and determines input and output control tools like quotas, seasons, minimum sizes, methods and other regulations based on the available scientific evidence provided by IMARPE and other research institutions and on socio-economic factors, aiming for the preservation and rational exploitation of marine resources (Government of Peru, 1992[4]; 2001[5]).
Notably, PRODUCE’s Directorate General of Policy and Regulatory Analysis in Fisheries and Aquaculture is responsible for proposing quota allocations for hydrobiological resources based on scientific evidence provided by IMARPE.
IMARPE is responsible for conducting scientific and technological research on the sea and inland waters. One of its core functions is to provide PRODUCE with the scientific basis for the rational administration of marine and continental resources. It achieves this through the collection of biological data; the evaluation of fish stock status; the monitoring of marine species, fishery activities, landings and bycatches; and evaluating the carrying capacity of water bodies for aquaculture.
IMARPE periodically monitors the main fisheries and oceanographic conditions, with a particular focus on the anchoveta fishery, Peru’s main marine resource, for which IMARPE has developed the “Protocol for the elaboration of the decision table for the determination of the maximum total allowable catch limit per fishing season in the fishery of the north-central stock of Peruvian anchoveta” as the main instrument for providing scientific advice to PRODUCE for policy decision making. IMARPE reports the results of the population assessments for anchoveta and provides fishing management recommendations to PRODUCE prior to the start of each fishing season. PRODUCE bases its decision making on the scientific advice provided by IMARPE. Other fisheries resources that IMARPE monitors and periodically assesses include jack mackerel, chub mackerel, bonito, tuna, common dolphinfish, Peruvian hake and the punctuated snake eel (Chapter 3).
IMARPE collaborates with other institutions at the national level and with the regional governments, supplying data and scientific expertise and participating in joint projects of marine resource management and exchange of information and best practices.
At the international level, IMARPE represents Peru in relevant international organisations such as RFMOs. In this capacity, it routinely undertakes joint research programmes with counterpart national institutes and takes part in stock assessment groups and scientific working groups in regional organisations such as the South Pacific Regional Fisheries Management (SPRFMO), the Inter-American Tropical Tuna Commission (IATTC) and the Permanent Commission for the South Pacific. IMARPE has co-operation agreements with other scientific and research institutions as well as exchange programmes with academic institutions. It also takes part in various capacity-building and training exercises.
The Institute of the Sea of Peru (IMARPE) was founded in 1963. It is the main institution responsible for scientific and technological research of the sea and inland waters and their resources.
Research conducted by IMARPE is multidisciplinary, encompassing oceanography, sedimentology, hydro acoustics and climate change. To provide scientific and technical advice on fisheries management to the Ministry of Production, IMARPE conducts scientific monitoring and studies of fisheries and their relationship with aquatic ecosystems. It also carries out impact assessments for different activities. IMARPE also has a programme of on-board observers to control minimum sizes, take trophic samples, monitor discards, and collect information on the impacts of fishing activity on mammals and birds. Finally, IMARPE also trains fishery inspectors and provides environmental training for fishers and ship owners.
Financially, IMARPE receives a yearly budget ceiling from the Ministry of Economy and Finance. The budget allocation was USD 27 million (PEN 98 million) in 2024. Its other sources of income include international co-operation and contributions by national or international private and public entities. Over the last three fiscal years, about 1.5% of IMARPE’s budget has come from donations from non-public sources. Additionally, in 2024, an extraordinary budget of USD 12.5 million was allocated for the construction of a state-of-the-art scientific research vessel.
IMARPE currently employs 629 staff members and operates a fleet of three research vessels to carry out its research activities, studies and stock assessments.
IMARPE’s institutional governance
IMARPE has five managing bodies and five specialised directorate generals of research. The managing bodies are the Directive Council, the Institutional Supervising Body, the Advisory Committee, the Executive Scientific Board and the General Secretariat. The five Directorate Generals of Research cover Pelagic Resources; Demersal and Litoral Resources; Climate Change and Oceanography; Aquaculture; and Hydroacoustics, Remote Sensing and Fishing Gears and Methods.
The Directive Council is IMARPE’s highest ranking body. It is composed of seven members and is chaired by the Executive President of IMARPE, who acts as the head of the institute. The other members are three representatives from the Ministry of Production; one representative from the University of Peru; one representative of the Peruvian Navy; and one representative of the National Council on Science, Technology and Innovation. The Directive Council is responsible for approving and supervising all legal, operational and strategic management decisions. It determines and approves the scientific policy of the institute as well as its budget and research agenda.
The Executive Scientific Board is led by the Executive Scientific Director and serves as the main authority in charge of co-ordinating scientific and technological research. It is responsible for leading and supervising the work of the five directorates general of research and for complying with the institute’s objectives and goals.
In recent years IMARPE has faced a series of controversies around its governance and neutrality of the scientific advice provided (notably, in 2020 IMARPE faced allegations of corruption as officials were suspected of having inflated the fishing quota of anchoveta during the second fishing season of 2019, and of having leaked confidential information to the industry (OANES, 2020[6]). This prompted efforts to reform and modernise the organisational structure of IMARPE through the publication of Legislative Decree No. 1677 on 28 September 2024, which is intended to serve as IMARPE's new governing law. One of the main changes is redefining how the head of the Institute was appointed. Originally, the Institute was led by a retired navy admiral officer appointed by the President of Peru. The Emergency Decree set forth that the Head of the Institute would be chosen meritocratically, through a public competition. To become fully applicable, this Decree requires the adoption of the implementing regulations by PRODUCE, which would further detail the Institute’s updated structure and organisation, and are currently under internal approval before they are formally enacted.
Sources: https://repositorio.imarpe.gob.pe; Government of Peru (2024[7]), Review of Peru’s fisheries and aquaculture: Policy information request for the background report informing the formal opinion of the OECD Fisheries Committee (COFI) on the accession of Peru to the Organisation; Interviews in the context of the Review (2024[2]), Interviews conducted with Peru's government representatives and stakeholders in the context of the Review.
Recent political developments in Peru have led to relatively frequent changes at ministerial and vice-ministerial level, included in PRODUCE and other fisheries-relevant public agencies. For example, between 2020 and 2025, PRODUCE has had 15 Ministers of Production and five Vice-Ministers of fisheries and aquaculture (Table 2.6), along with multiple changes at the level of General Directors responsible for policy implementation.
The high level of turnover at the leadership level has created challenges for long-term planning in the sector, including for in-depth policy reform, and has also created a perception of interrupted policy continuum (Gozzer-Wuest, Alonso-Población and Tingley, 2021[8]; Paredes et al., 2024[9]; Government of Peru, 2024[7]). This can also impact the technical capacities and staff of the sector who are subject to constant changes and adjustments (OECD, 2023[10]).
Stakeholder participation in fisheries policymaking is important to inform the process and facilitate policy implementation. Balancing the different interests, from the industry and society in general, as well as different time horizons is generally a challenge for fisheries policymakers. In this context, transparent mechanisms for stakeholder participation are crucial for building legitimacy for fisheries policies and for integrating comprehensive views into the policy cycle (OECD, 2020[11]).
Peru generally has a well-developed legal framework to regulate and encourage stakeholder participation in the public administration. Peru regulates citizen participation mechanisms through the Law on Transparency and Access to Public Information (Law No. 27806 of 2003) and its regulations, including the recently updated Decree 009-2024-JUS which defines the guidelines relating to the publicity, publication of regulatory projects and dissemination of legal norms of a general nature. Under this new decree, the institution responsible for drafting a regulation must published the regulation either on their website or another medium, ensuring it is properly disseminated and can be easily accessed. In addition, it states that interested parties must have at least 15 calendar days to provide comments or contributions (except particular situations). PRODUCE publishes on its official website the draft regulations subject to public comments and contributions.
Based on the general guidelines established in the Law on Transparency, some sectors can adopt specific mechanisms to regulate citizens’ participation applicable. In the fishing sector, there is no specific Regulation that regulates the citizen participation mechanisms applicable to the sector.
In addition, Peruvian authorities created a mechanism for public-private dialogue in 2015 called sectoral roundtables. The roundtables are currently under the co-ordination of the Ministry of Economy and Finance, and are a mechanism where the main state officials from the sectors involved meet periodically with the main representatives from the private sector, accredited by their respective producers’ organisations. These roundtables look to increase productivity, address difficulties and bottlenecks, and discuss proposed regulations for the sectors. There are roundtables for the fisheries and aquaculture sector, which bring together producers (industrial and artisanal), academic institutions and different competent government institutions, including PRODUCE.
In addition, in 2011, Peru established specific rules on prior consultation with indigenous peoples, in accordance with the International Labour Organization’s Indigenous and Tribal Peoples Convention (No. 169). Law No. 29785 states that the Peruvian state must consult indigenous or native peoples on legislative or administrative measures that directly affect their collective rights, physical existence, cultural identity, quality of life or development. Authorities must identify the indigenous or native peoples potentially affected by such measures, adequately informing them through culturally appropriate methods and procedures, and taking into account the geography and environment in which they live while paying attention to their linguistic diversity. The final decision on the measure must be duly justified and consider feedback from the indigenous or native peoples, analysing the consequences that the measure would have on their collective rights.
During interviews conducted in the context of this technical review, private sector representatives estimated that there is open and frank communication with the competent authorities, from the level of the minister’s office through the Vice-Ministry of Fisheries and Aquaculture and the six directorates. There are channels for dialogue and discussion about the needs of the sector and the implications of the proposed regulations. Similarly, institutional mechanisms are available for producers, associations and citizens to propose initiatives; ask questions and make enquires or proposals; and make requests.
Likewise, Peru shares similar challenges with other OECD Members regarding the difficulties to engage with remote fishing communities. Communication with coastal and rural communities and artisanal fishers is challenging. Limited financial and human resources and the remoteness of coastal areas makes maintaining continued dialogue with these communities challenging.
Peru is a Contracting Party, adherent or observer to different RFMOs and regional fisheries bodies (Table 2.7). As such, it is actively engaged in their scientific, technical and compliance committees. Peru reports data and collaborates in research and uses the bodies’ reports, recommendations and instruments to inform its national level fisheries policies.
2.6.1. Peru’s participation in relevant international agreements
Peru is a party to or adherent and implements in its national legislation most of the main international agreements and conventions in the area of fisheries. It also participates in many regional organisations relevant to its marine resources (Table 2.8).
* The agreement has not yet come into force.
Note: FAO: Food and Agriculture Organization of the United Nations.
Although Peru is not a State Party to the United Nations Convention on the Law of the Sea, it does recognise the convention as a codification of customary international law and has formally declared that it applies its Constitution and legal framework in a manner consistent with the maritime zones set out in the convention. Likewise, Peru applies several of the instruments derived from this convention for reasons of national interest, international co-operation, and in compliance with its obligations as a coastal and fishing state. Notably, Peru applies the commitments under the United Nations Fish Stocks Agreement, being part of various RFMOs or arrangements. Similarly, Peru ratified the Port State Measures Agreement in 2017 (see Chapter 6) and also engages in bilateral co-operation for the management of straddling fish stocks. For example, Peru collaborates with Chile through the Humboldt II Project, which aims to facilitate fisheries management and ecosystem restoration of shared stocks in the Humboldt Current.
Finally, Peru has not ratified the International Labour Organization’s Working in Fishing Convention (C188).5 As a Member of the International Labour Organization, Peru has 63 of its agreements in force, 12 of which cover fishermen and seafarers (ILO, 2024[12]). Through the implementation of these and other international agreements, Peruvian legislation already covers some of the main elements of the C188 Convention, such as minimum requirements concerning safety in vessels, safety in case of illness and accidents, minimum working age, and access to the pension system. However, certain provisions like medical certificate requirements, minimum hours of rest, mandatory work agreements, specific food and accommodation obligations, and onboard medical care obligations are not covered.
References
[7] Government of Peru (2024), Review of Peru’s fisheries and aquaculture: Policy information request for the background report informing the formal opinion of the OECD Fisheries Committee (COFI) on the accession of Peru to the Organisation.
[5] Government of Peru (2001), General Regulation of the Fisheries Law, http://www.gob.pe/uploads/document/file/418473/Decreto_Supremo_Nº_012-2001-PE.pdf?v=1573142303.
[4] Government of Peru (1992), General Fisheries Law, https://spij.minjus.gob.pe/spij-ext-web/#/detallenorma/H757193.
[8] Gozzer-Wuest, R., E. Alonso-Población and G. Tingley (2021), “Identifying priority areas for improvement in Peruvian Fisheries”, Marine Policy, Vol. 129, p. 104545, https://doi.org/10.1016/j.marpol.2021.104545.
[12] ILO (2024), Ratification of ILO Conventions, International Labour Organization, https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:102805 (accessed on 2024).
[2] Interviews in the context of the Review (2024), Interviews conducted with Peru’s government representatives and stakeholders in the context of the Review.
[6] OANES (2020), Acusan a funcionarios de IMARPE de haber “inflado” cuota de pesca de anchoveta, https://www.oannes.org.pe/noticias/pesca-y-acuicultura/peru-acusan-a-funcionarios-de-imarpe-de-haber-inflado-cuota-de-pesca-de-anchoveta/.
[10] OECD (2023), OECD Economic Surveys: Peru 2023, OECD Publishing, Paris, https://doi.org/10.1787/081e0906-en.
[11] OECD (2020), OECD Review of Fisheries 2020, OECD Publishing, Paris, https://doi.org/10.1787/7946bc8a-en.
[1] Paredes, C. et al. (2024), La pesca en el Perú: Una ruta hacia un futuro próspero y sostenible, Universidad Continental, Fondo Editorial, Huancayo, Peru, https://doi.org/10.18259/978-612-4443-64-0.
[9] Paredes, C. et al. (2024), La pesca en el Perú: Una ruta hacia un futuro próspero y sostenible, Universidad Continental, https://doi.org/10.18259/978-612-4443-64-0.
[3] World Bank (2021), Repensar el futuro del Perú: Notas de política para transformar al Estado en un gestor del bienestar y el desarrollo, World Bank, San Isidro, Lima, https://www.bancomundial.org/es/country/peru/publication/repensar-el-futuro-del-per-apuntes-de-pol-tica-para-transformar-al-estado-en-un-gestor-del-bienestar-y-el-desarrollo#2.
← 1. About 90% of OECD Member countries do not have a dedicated fisheries ministry; 70% conduct fisheries policies under their Ministry of Agriculture and about 5% place it under the Ministry of Industry (OECD, 2020[11]).
← 2. The Vice-Ministry of Fisheries and Aquaculture is composed of six directorate-generals: the Directorate General of Policies and Regulatory Analysis in Fisheries and Aquaculture; the Directorate General of Fisheries for Direct and Indirect Human Consumption; the Directorate General of Artisanal Fisheries; the Directorate General of Aquaculture; the Directorate General of Supervision, Inspection and Sanction; and the Directorate General of Environmental Affairs in Fisheries and Aquaculture.
← 3. In Peru, a region is a territorial division made up of one or more departments, created to facilitate the decentralised management of economic, social and environmental development. In practice, each department currently functions as a region. There are therefore 25 regional governments, each of which has a regional council, a regional governor and a regional co-ordination council.
← 4. Law 31749 recognises traditional ancestral fishing and traditional artisanal fishing and promotes their preservation within the five Peruvian nautic miles.
← 5. This International Labour Organization convention entered into force in 2017 and aims to ensure decent working conditions for fishers aboard fishing vessels, specifically with regards to conditions of service, accommodation and food, and occupational health and safety.