MENDOZA, NOVEMBER 1, 2022.
HAVING SEEN, file EX-2021- 06928036-GDEMZA-DRNR#SAYOT by which the authorization for Sport Fishing is managed within the territorial jurisdiction of the Province during the 2022/2023 Season; and,
WHEREAS:
That, Article 7 of the Fishing Law No. 4428 establishes that sport fishing may be practiced in all waters that are within the territorial jurisdiction of the Province with the exceptions that are established by ministerial resolution.
That, the Civil and Commercial Code of the Nation in its Article No. 1949 provides that fish are susceptible to private appropriation in accordance with the regulations that are issued.
That Article 41 of the National Constitution, amended in 1994 to adapt it to current times, provides for the protection of natural environments through the following text: “All inhabitants enjoy the right to a healthy, balanced environment, suitable for human development and for productive activities to satisfy present needs without compromising those of future generations; and have the duty to preserve it. Environmental damage will primarily generate the obligation to restore, as established by law. The authorities will provide for the protection of this right, the rational use of natural resources, the preservation of natural and cultural heritage and biological diversity, and environmental information and education.”
That Article 121 of the National Constitution establishes that “The Provinces retain all power not delegated by this Constitution to the Federal Government.”
That, therefore, it is up to the Provinces in the territory of their jurisdiction to establish specific standards for the rational use of fish resources.
That, as it arises from Article 2 of the Fishing Law No. 4428 of “Regulation of Sport Fishing” establishes that the application and control of the aforementioned Law will be in charge of this Secretariat through the Directorate of Renewable Natural Resources and Article 7 establishes that sport fishing may be practiced in all waters that are within the territorial jurisdiction of the province, with the exceptions that will be established by annual resolution of the Secretariat of Environment and Territorial Planning through a technical report of the Directorate of Renewable Natural Resources.
That, among our most valuable resources are the rivers existing in the regions of the Province. The attractions of various water courses contribute to a growing national and international tourist activity that constitute central aspects in the economic development of the region.
That, in view of the confirmed presence of Didymo, the Directorate of Renewable Natural Resources declared the affected aquatic sectors as a closed area, prohibiting activities on it and is designing biosecurity, detection and control measures to be applied in the area. The objective of the actions is to control the presence of the microalga Didymosphenia geminata and to reduce, as much as possible, the probability of its dispersion to other continental water systems, thus protecting areas of high environmental value and fishing activities that take place in them.
That the surveillance, detection and control actions of Didymo make it necessary to have instructions that determine the guidelines for a correct sampling procedure, identification of the microalga, disinfection and measures to control its dispersion.
That, in light of this problem, the Directorate of Renewable Natural Resources issued Resolutions Nos. 028/19, 175/19, 378/19 and 520/20.
For the above reasons, taking into account the opinion of the Legal Advisory Board of this Secretariat and in accordance with the powers conferred by Law No. 9206,
THE SECRETARY OF ENVIRONMENT AND TERRITORIAL PLANNING RESOLVES:
Article 1º – The 2022/2023 Sport Fishing Season shall be considered regulated in the province of Mendoza, according to the ichthyogeographic scope of the fish species, in the periods established below, and in the quantities detailed for each environment, per fishing trip or excursion, understood as the entry, stay and exit from the fishing aquatic environment for the purpose of practicing Sport Fishing, and for this purpose the fishing license must be up to date.
Article 2: Fishing for the following species of fish is regulated on the dates detailed below:
Salmonids (Brown Trout, Rainbow Trout and Fontinalis): It is authorized from November 1, 2022, until May 1, 2023, inclusive, without size limit.
In the Agua del Toro, Los Reyunos and Valle Grande reservoirs, fishing is allowed from December 1, 2022, to May 1, 2023, with no size limit.
Pejerrey (Patagonian and Bonaerense): From December 1, 2022, to September 30, 2023, inclusive.
In the Valle Grande reservoir, fishing on weekends and holidays until December 1, 2023, inclusive.
Perch: From December 1, 2022, to September 30, 2023, inclusive. The Carrizal Reservoir is BOUND for fishing for Perch
Official Bulletin – Government of Mendoza
Ministry of Government, Labor and Justice
Legal and Technical Undersecretary
Page 2/8
Carps and toothfish: All year round.
Mojarras: All year round.
Article 3: The permitted modalities for the species authorized by article 2 of this resolution are:
Salmonids (Brown Trout, Rainbow Trout and Brook Trout): Only with artificial lures with barbless hooks, regardless of the Fishing modality, whether Spinning – Fly or Fly Cast, with the exception of the Laguna El Sonseado, and the Salado River Basin where only Fly fishing is permitted.
Pejerrey (Patagonian and Buenos Aires): Dead natural bait, line with two hooks maximum.
Perch or Creole trout: Artificial lure or natural bait with barbless hook.
Carps and toothfish: Artificial lure in the Potrerillos Dam Reservoir and dead or artificial natural bait for the rest of the environments of the province populated with this species.
Mojarras: Only mojarrero or butril.
Article 4: Salmonid Fishing is authorized according to the dates and modalities provided in articles 2 and 3 respectively of this resolution in the quantities and aquatic environments of the province that are detailed below:
A- DEPARTMENT OF MALARGÜE
The sacrifice of 02 (two) salmonids per fisherman per fishing trip or excursion is permitted.
ATUEL RIVER BASIN: Throughout its length up to the El Nihuil Reservoir, with all the streams and watersheds that provide their water on both banks remaining closed.
SALADO RIVER BASIN: Throughout the length of the main channel from its source at the junction of Las Leñas and Desecho streams downstream (the latter remain open).
MALARGUE RIVER BASIN: Sport fishing throughout the length of the main channel from its source, at the junction of Pincheira and Colorado streams, downstream (the latter remain closed, as do Buta Mallin stream, Serrucho stream, Las Minas and Margüira).
GRANDE RIVER BASIN: Main channel from Valle Noble to the junction with the Barrancas River; In its tributaries, Sport Fishing will only be allowed in Laguna Vaca Lauquen, and the Chico, Poti Malal, El Montañes, Valenzuela, Pehuenche, Cajón Grande and El Infiernillo rivers, imposing the ban on the rest of the streams and slopes between Valle Noble and La Junta with the Barrancas, which contribute their waters from both the left and right banks.
VALLE HERMOSO AREA: Comprised of Laguna del Valle, and the basins of the Cobre and Tordillo Rivers and the source of the Río Grande up to the narrows.
Official Bulletin – Government of Mendoza
Ministry of Government, Labor and Justice
Legal and Technical Undersecretary
Page 3/8
BARRANCAS RIVER BASIN: Sport Fishing throughout its length.
LAGUNA EL ALAMBRADO: Sport Fishing throughout its length.
VACALAUQUEN LAGOON: Sport Fishing in all its extension.
B- SAN RAFAEL DEPARTMENT
The sacrifice of 04 (four) salmonids per fisherman per fishing trip or excursion is allowed. In EL SOSNEADO lagoon, LOS REYUNOS Reservoir, AGUA DEL TORO Reservoir, DIAMANTE RIVER, ATUEL RIVER.
For El Nihuil Reservoir, the sacrifice of 01 (one) salmonid per fisherman per fishing trip or excursion is allowed.
Except in the Diamante River Fishing Reserve where only mandatory Catch and Release with fly is allowed.
C- SAN CARLOS DEPARTMENT. DIAMANTE LAGOON
The sacrifice of unlimited quantity of Brook Trout and only 04 (four) Brown or Rainbow Trout is allowed, per fisherman and per fishing trip or excursion.
According to the Zoning of Use of the Protected Natural Area LAGUNA DEL DIAMANTE, Fishing may be practiced in the following environments:
RIO DIAMANTE: Fishing is permitted on the East bank of the Diamante River, with the West bank of this Environment being prohibited for fishing.
LAGUNA DEL DIAMANTE WATER MIRROR: Sport Fishing is permitted from 200 meters north of the mouth of the Paramillos River, up to the 3rd Bay of the West Coast, an area called Las Morenas.
D- REST OF THE AQUATIC ENVIRONMENTS OF THE PROVINCE
The slaughter of 05 (five) salmonids per fisherman and per fishing trip or excursion is permitted.
TUNUYAN RIVER BASIN: 05 (five) salmonids per fisherman and fishing trip or excursion, in the entire extension of the main channel and its tributaries.
MENDOZA RIVER BASIN (Including the Potrerillos reservoir): 05 (five) salmonids per fisherman per fishing trip or excursion.
Article 5: According to the dates and modalities established in articles 2 and 3 respectively of this resolution, the fishing of Perch is authorized in the quantities and aquatic environments of the province that are detailed below:
1- DEPARTMENT OF MALARGUE
Official Bulletin – Government of Mendoza
Ministry of Government, Labor and Justice
Legal and Technical Undersecretary
Page 4/8
The slaughter of 05 (five) perch per fisherman per fishing trip or excursion is allowed.
ATUEL RIVER BASIN: Main channel from National Route No. 40 (bridge) downstream to the EL NIHUIL Reservoir.
SALADO RIVER BASIN: Main channel in the sector from Puesto Mulero (Infiernillo Bridge) downstream to the junction with the ATUEL RIVER.
BARRANCAS RIVER BASIN: In its entire length.
The Río Grande Basin is PROHIBITED in its entire length.
2 – SAN RAFAEL DEPARTMENT
EL NIHUIL Reservoir in its entire length allowing the slaughter of 10 (ten) perch per fisherman per fishing trip or excursion.
ATUEL RIVER, downstream of the VALLE GRANDE dam, allowing the slaughter of 15 (fifteen) perch per fisherman per fishing trip or excursion.
The El Carrizal Reservoir is PROHIBITED for fishing for Perch
The La Salina Lagoon is PROHIBITED, in its entirety
Article 6: The fishing of Patagonian or Bonaerense Silverside is authorized according to the dates and modalities established in articles 2 and 3 respectively of this resolution, in the quantities and aquatic environments of the province detailed below:
DEPARTMENT OF SAN RAFAEL
EL NIHUIL RESERVOIR: in its entirety, allowing the sacrifice of up to 25 (twenty-five) silversides per fisherman and per fishing trip or excursion.
AGUA DEL TORO RESERVOIR: in its entirety, allowing the sacrifice of up to 30 (thirty) silversides per fisherman and per fishing trip or excursion.
LOS REYUNOS RESERVOIR: throughout its entire area, allowing the slaughter of up to 30 (thirty) silversides per fisherman and per fishing trip or excursion.
VALLE GRANDE: throughout its entire area, allowing the slaughter of up to 30 (thirty) silversides per fisherman and per fishing trip or excursion.
Laguna La Salina is BOUND, throughout its entire area.
EL CARRIZAL RESERVOIR
Throughout its entire area, allowing the slaughter of up to 40 (forty) silversides per fisherman and per fishing trip or excursion.
Official Bulletin – Government of Mendoza
Ministry of Government, Labor and Justice
Legal and Technical Undersecretary
Page 5/8
Article 7: Fishing for Carps, Toothfish and Mojarras in the quantities and aquatic environments of the province detailed below is authorized according to the dates and modalities established in articles 2 and 3 respectively of this Resolution:
DEPARTMENT OF SAN RAFAEL
Reservoirs AGUA DEL TORO, LOS REYUNOS, RÍO ATUEL, downstream from the VALLE GRANDE and RÍO DIAMANTE dams, unlimited fishing for carp and toothfish.
Mojarras 50 (fifty) per fishing trip or excursion.
EL CARRIZAL RESERVOIR
No limit on the quantity for Carps and Toothfish; and up to 50 (fifty) specimens of mojarras.
Article 8: From May 2, 2023, and until June 26 of the same year inclusive, with fly, only with barbless hook, the practice of mandatory capture and release of Salmonids in the environments and dates detailed below is authorized:
MALARGUE DEPARTMENT
ATUEL RIVER BASIN: In its entire extension up to the El Nihuil Reservoir, remaining closed all the streams and slopes that contribute their waters on both banks.
SALADO RIVER BASIN: In the entire extension of the main channel from its source at the junction of Las Leñas and Desocho streams downstream (the latter remain closed).
MALARGUE RIVER BASIN: Sport fishing throughout the length of the main channel from its source, at the junction of the Pincheira and Colorado streams downstream (the latter remain closed, as do the Buta Mallin, El Serrucho, La Mina and Margüira streams.)
GRANDE RIVER BASIN: Main channel from Valle Noble to the junction with the Barrancas River; all the streams and springs that contribute their water on both banks remain closed.
BARRANCAS RIVER BASIN: Sport fishing throughout its length.
EL ALAMBRADO LAGOON: Sport fishing throughout its length.
VACALAUQUEN LAGOON: Sport fishing throughout its length.
SAN RAFAEL DEPARTMENT
EL SOSNEADO LAGOON: Throughout its length.
AGUA DEL TORO RESERVOIR: throughout its entire length.
LOS REYUNOS RESERVOIR: throughout its entire length.
Official Bulletin – Government of Mendoza
Ministry of Government, Labor and Justice
Legal and Technical Undersecretary
Page 6/8
DIAMANTE RIVER: upstream of Los Reyunos and downstream of the Galileo Vitale Dam. ATUEL RIVER: downstream of Valle Grande.
DIAMANTE RIVER FISHING RANGE: Between the East wall of the Los Reyunos Dam and the West wall of the Galileo Vitale Dam.
REST OF THE AQUATIC ENVIRONMENTS OF THE PROVINCE
TUNUYAN RIVER BASIN: Sport fishing throughout the entire length of the
MENDOZA RIVER BASIN: Sport fishing, upstream of the Potrerillos Reservoir.
Article 9: From June 10, 2023, until October 30 of the same year, with fly only, with barbless hook, the mandatory practice of catch and release of Salmonids in the environments detailed below is authorized:
DIAMANTE RIVER FISHING RANGE: Included between the East wall of the Los Reyunos Dam and the West wall of the Galileo Vitale Dam.
SAN ALBERTO STREAM: Throughout its length.
YAUCHA, GATEADO AND PAPAGALLOS STREAMS: Throughout its length.
MENDOZA RIVER: In Potrerillos Reservoir throughout its length, and main channel, upstream and downstream of the aforementioned Dam.
Article 10: Closed environments.
ZONE 1 – MALARGUE:
ATUEL RIVER BASIN: La Manga, Blanco, Malo, Bayo, Colorado, Los Arroyos and Las Lágrimas streams.
SALADO RIVER BASIN: La Niña Encantada Lagoon and Pozo de las Ánimas. MALARGÜE RIVER BASIN: Streams: Colorado, Pincheira, Buta Mallin, El Serrucho, La Mina and Margüira.
GRANDE RIVER BASIN: Streams: Los Patos, La Vaina, Montañecito, El Seguro, La Totora, El Yeso, Invernada del Viejo, Mallines, El Manzano, Mechanquil and Calmuco, El Molle and La Varilla, Matancilla and tributaries.
CARAPACHO POOLS
LLANCANELLO LAGOON.
ZONE 2 – SAN RAFAEL
LA SALINA LAGOON.
ZONE 3 – TUNUYÁN
The regulation of fishing in the Pircas and Grande de la Quebrada streams will be subject to the restrictions established by the Directorate of Renewable Natural Resources, within the framework of actions implemented for the invasive algae Didymosphenia geminata.
TUNUYÁN RIVER: From the Alto Verde bridge to the entrance of the El Carrizal Reservoir.
Article 11: Establish a ban throughout the year on CATFISH, CRUSTACEANS (crabs) AND CRIOLLA EELS. The capture, possession and transport of any of the aforementioned species is not permitted in the entire territory of the Province of Mendoza.
Article 12: The stocking of salmonids in provincial waters and in departmental water basins is prohibited, except with express authorization from the Directorate of Renewable Natural Resources.
Article 13: The transport of live bait from one aquatic environment to another is totally prohibited, in order to avoid the introduction and spread of harmful or damaging species, such as specifically the Carp and the Toothfish.
Article 14: It is mandatory to disinfect fishing equipment. Disinfection is carried out in three steps: Remove mud, sand, plants and algae from clothing, footwear, boats and fishing equipment. Wash with detergent or immerse in 2% bleach for two minutes (2 ?) or in water at 60ºC for one hour or immerse in water with 5% salt for half an hour. Finally, air dry and sun dry the footwear, clothing and equipment for 48 hours.
Article 15: All requirements issued by the Provincial Ministry of Health regarding COVID-19 must be complied with and all regulations issued and in force in the Province regarding COVID-19 must be taken into account.
Article 16: Resolution No. 700/2021, issued by the Secretariat of Environment and Territorial Planning, and all legal regulations that oppose it, shall be repealed.
Article 17: Communicate to those concerned, publish in the Official Gazette and archive.
LIC. HUMBERTO MINGORANCE.
Publication Date No. Bulletin
03/11/2022 31736