I, Carmelo Alejandro Velasquez Rodriguez, the undersigned, a Certified Translator of the Bolivarian Republic of Venezuela in the English language, according to Resolution published on Official Gazette No. 39,944, on the 14 th day of June, 2012, and whose Diploma is duly registered with the Main Public Registry Office of the Capital District under No. 51, Folio 51, Volume 40, and also registered with the Eighth Municipal Court from the Judicial Circumscription of the Metropolitan Area of Caracas, on the 9 th day of May 2012, DO HEREBY CERTIFY that the document which has been presented to me for its translation into the English language reads as follows: BOLIVARIAN REPUBLIC OF VENEZUELA, PEOPLE S MINISTRY FOR AGRICULTURE AND LANDS. OFFICE OF THE MINISTER. DM/N 062-2012. CARACAS, MAY 25 2012. Historical years 202º and 153º Whereas, shark fishing in Venezuela represents a strategic social activity of large economic importance, which is conducted in almost all the jurisdictional waters of the Bolivarian Republic of Venezuela, thus contributing to increasing the production and availability of food and sustainability of many households of fishing communities, therefore, the exploitation of such resource must be carried out responsibly in order to ensure its sustainability in time; Whereas, the State must make decisions geared to regulating the fishing activities based on principles that ensure participation, preservation and responsible and sustainable handling of hydro-biological resources, by means of the application of a precaution criteria based upon available scientific evidence; Whereas, the shark -as a resource- has biological and ecological characteristics as
slow growth, low fecundity, late sexual maturity and impressive longevity, such characteristics mean that sharks are particularly vulnerable to overfishing, which may lead to the collapse of its population; Whereas, the population of sharks, at global level, display alarming signs of overexploitation, and the available levels of biomass in the sea have dramatically shrunk, leading to a current and troublesome reality: several species of such fish are faced with either the risk of extinction, or in a critical state; Whereas, the areas where the reproduction, and ensuing growing of sharks pose an essential space for the living cycle of such fish, and therefore, the State must grant protection to such areas by the ordering and regulating the activities that may have a negative impact on them; Whereas, the internal waters and waters in the vicinity of the Archipelago of Los Roques and Las Aves (leeward and windward), as attested, represent reproduction areas deemed essential for the living cycle of several important species of sharks present in the Caribbean Sea; Whereas, national and international scientific studies, conducted by several organizations where Venezuela is an active member, state that shark fisheries have had a negative impact on its populations, as during the conduction of such activities, high amounts of either juvenile, or sexually immature sharks are captured, thus leading to affecting the natural process of recruitment, keeping and retrieving of its populations; Whereas, within the framework of the International Action Plan for Sharks promoted by the Food and Agriculture Organization, seeking to ensure preservation, and sustainable exploitation of sharks, encourages its member States to its application, by means of principles and procedures that further improve the handling of sharks; Whereas, seen the large demand of shark fin in the international market, which has led to the practice known as finning which has proven to be non sustainable; Whereas, the knowledge pertaining to the current state of the shark resources, and the methods used to fish it are limited, thus rendering more difficult its ordering because of the lack of available scientific information, mainly in terms of captures, fishing efforts, biology and trade;
Whereas, it is necessary to establish a set of norms for the shark fisheries in order to minimize the incidental capture, to regulate the finning and to protect the most vulnerable species; Whereas, the objectives of the Agreement of Biological Diversity include, among other, the preservation of biological diversity, the sustainable use of components and the fair and equal participation within the benefits that may derive from the use of such genetic resources; Whereas, the oceanic shark (Carcharhinus longimanus) as the bigeye thresher (Alopias superciliosus) and the silky shark (Carcharhinus falciformis), have been identified as three of five species under the greatest risk, as per an ecological assessment conducted by the Permanent Committee of Research and Statistics of the International Commission for the Preservation of Atlantic Tuna (CICAA in Spanish); Whereas, the white shark (Carcharodon carcharias), the basking shark (Cetorhinus maximus), and the whale shark (Rhincodon typus) are protected under Appendix II of the Convention of International Commerce of Endangered Species of Wild Flora and Fauna (CITES-UN) and seen that Venezuela is a signatory of such Convention, and therefore, the international trade of products and by-products of such species is strictly forbidden; Whereas, species of hammerhead shark as Scalloped hammerhead (Sphyrna lewini) and smooth hammerhead (Sphyrna zygaena) are amongst the shark species where the situation is more troublesome with regards to its sustainability, and seen that it is difficult to find differences between the species of hammerhead fish, with the sole exception of the bonnethead (Sphyrna tiburo) that may jeopardize the survival of fish captured because of its low resistance after it is captured and shipped; Pursuant to Article 305 of the Constitution of the Bolivarian Republic of Venezuela, numbers 1 and 27 of Article 77 of the Decree-Law on Public Administration and, in accordance to Article 16 of the Organic Law on Administrative Procedures, pursuant with number 2 of Article 20 and numbers 3 and 5 of Article 49 of the Decree-Law on Fishing and Aquaculture, this Office issues the following:
RESOLUTION TO ISSUE TECHNICAL NORMS TO REGULATE THE CAPTURE, EXCHANGE, DISTRIBUTION, COMMERCE AND TRANSPORT OF SHARKS Object Article 1. This Resolution seeks to regulate the capture of sharks by Venezuelan or international-flagged vessels in aquatic spaces under the sovereignty, or jurisdiction of the Bolivarian Republic of Venezuela, as well as by Venezuela-flagged vessels operating in high seas, or in waters regulated under bilateral or multilateral agreements, as well as the exchange, distribution, trade and transportation of sharks at national level. Definitions Article 2. The names or concepts listed next shall have the following meanings to the effects of this resolution: A. Shark or sharks: cartilaginous fish belonging, taxonomically speaking, to the Elasmobranchii Class. It includes the rajiformes and chimaeras. B. Finning: It is a practice consisting of the sole use of shark fins, and the ensuing discarding of the body of the animal to the sea. C. Incidental fishing: It is understood as incidental fishing all the captured resources which are not the true objective of the fishing activity as such, irrespective of the fact that they are kept, or not. Prohibitions Article 3. The practice known as finning is prohibited. All sharks captured shall be transported and downloaded with their body complete, this includes the fins naturally adhered to their body, as well as the head, and the corresponding jaw that allows for the proper identification of the species, the entrails are exempted from this regulation. Article 4. The transportation or ownership of shark fins without the corresponding body is prohibited to all fishing vessels. Article 5. The fishing of sharks, except for the rajiformes and chimaeras, within the limits of Los Roques Archipelago and Las Aves archipelago is prohibited. Said archipelagos correspond to the polygonal vertices as per the data of the Geodesic
Venezuelan Network (REGVEN in Spanish) defined next: LOS ROQUES ARCHIPELAGO AVES ARCHIPELAGO Latitude (North) Longitude (West) Latitude (North) Longitude (West) 12 01'54,26" 67 00'40,47" 12 08'46,14" 67 46'18,14" 12 01'54,27" 66 28'51,47" 12 08'46,11" 67 19'49,08" 11 41'20,50" 67 00'40,45" 11 51'25,92" 67 46'18,12" 11 41'20,47" 66 28'51,50" 11 51'25,93" 67 19'49,07" Image 1. Polygons corresponding to Los Roques and Las Aves Archipelago mentioned on Article 5. Article 6. A maximum incidental quota of five (5) specimens per fishing vessel is established, only for fishermen having permanent residence on areas mentioned on Article 5. Article 7. It is prohibited, to all fishing vessel, the capture, exchange, distribution, trade and transportation of bigeye thresher shark (Alopias superciliosus), as well as the oceanic whitetip shark (Charcharinus longimanus).
Article 8. It is prohibited, to all industrial fishing vessel, the capture, exchange, distribution, commerce and transportation of the silky shark (Carcharhinus falciformis), as well as all species belonging to the Sphyrnidae family (hammerhead sharks). Exchange, distribution and commerce Article 9. All persons, natural o artificial, who transports or trades fresh, frozen, dry, salted or processed fins of any kind of shark shall present the corresponding certificate of origin, or transportation guide endorsed by the Socialist Institute of Fishing and Aquaculture, attesting its lawful origin. Article 10. A maximum yearly net weight of seven (07) tons is established, they are established as per the national average of export of the last five (05) years of shark fins, corresponding to the official records for the 2007-2011 period, to this effect, the certificate of origin issued by the Socialist Institute of Fishing and Aquaculture must be shown, apart from presenting the certificate of origin attesting its lawful origin. Article 11. The export of any part, or the whole body of silky shark (Carcharhinus falciformis) is prohibited, as well as species belonging to the Sphyrnidae family (hammerhead sharks). Capture and Disembark Report Article 12. The captain, or ship-owner, of a fishing vessel that captures, intentionally or incidentally, any shark species shall take note on his logbook, or fishing notebook, as the case may be, the data corresponding to the fishing of such resource. Said data shall be submitted to the Socialist Institute of Fishing and Aquaculture, within five (05) days after the conclusion of each fishing journey. Observers Article 13. The Socialist Institute of Fishing and Aquaculture may appoint scientific observers, duly authorized, on board fishing vessels, as per the coverage established, that belong to the fishing fleet (for industrial and small-scale fishing) capturing sharks in incidental or intentional activities, in order to collect biological information as: estimates of living and dead fish, among other, apart from conducting biologicalfishing works. Scientific Fishing Article 14. Any person, natural or artificial, national or foreign, interested in the practice of scientific fishing of any shark species, shall request the corresponding
permit from the Socialist Institute of Fishing and Aquaculture, pursuant to the Decree- Law on Fishing and Aquaculture, in accordance to the content of Article 3 of this Resolution. Sanctions Article 15. Any transgression of the provisions herein listed shall be punished pursuant to the Decree-Law of Fishing and Aquaculture. Transgressions in Areas under Special Administrative Regime shall be punished pursuant to the special laws governing such areas. Final Provision Article 16. This Resolution shall enter into force upon its publishing on the Official Gazette of the Bolivarian Republic of Venezuela. Let it be notified and published By the Executive Power, ELIAS JAUA MILANO People s Minister of Agriculture and Lands This is a true translation into the English language of the attached original document which I have made on behalf of the interested party; therefore, IN WITNESS WHEREOF I affix my seal and set my hand on its lower portion, in the City of Caracas, on this 14 th day of August, 2012. Carmelo Velasquez Certified Translator