By: Leonardo Cárdenas
(Read news in La Tercera)
There is concern among the three main salmon farming associations that group the sector in the country: SalmonChile, Salmon Council and Salmon Farmers Association of Magallanes. This, after the official notice sent by the Ministry of the Environment on September 22 to different public agencies, which paralyzes new aquaculture concessions within the framework of the Law that creates the Biodiversity and Protected Areas Service (SBAP).
Executives of the salmon industry describe the document as "a bucket of cold water" and a breach of trust with the authority, as it caught them by surprise, since previously in the legislative discussion of the law, the prohibition of salmon farming concessions in protected areas was rejected.
Since the issuance of the instructions, the groups have held individual meetings to evaluate the paths to be followed, while the sector's workers have also begun to organize and are preparing a conclave.
Those familiar with the negotiations said that the unions have consulted lawyers specializing in environmental law, who have recommended caution for now, although they envision two paths to eventually launch an attack against the Ministry of the Environment's decision, recognizing risk scenarios in both cases.
The first is an appeal for protection, appealing to the freedom of enterprise guaranteed by the Constitution, and other rights, and should be processed before the Court of Appeals of Santiago.
The second way would be through a request to the Office of the Comptroller General of the Republic (CGR). One of the main questions raised by the sources consulted is that the guidelines are based on the principle of continuity of the public function. According to those close to the case, the Ministry of the Environment, through its instructions, is arrogating to itself powers of interpretative competence. This, after stipulating in the document that Conaf is the entity that approves the management plans for concessions in protected areas.
Minister in Congress
On the other hand, the salmon farming unions are awaiting the words of the Minister of the Environment, Maisa Rojas, who is summoned to participate this Wednesday in the Senate Commission on Maritime Interests, Fishing and Aquaculture.
The meeting, chaired by RN Senator Carlos Kuschel, will allow his peers from Los Lagos, Iván Moreira (UDI) and Fidel Espinoza (PS), who are also members of the commission, to ask the Secretary of State about the official notice and its repercussions for the salmon industry.
Meanwhile, some branches of the Sociedad de Fomento Fabril (Sofofa), the country's largest industrial guild, have begun to commission legal studies on the repercussions of the directive. According to the sources consulted, other unions linked to mining and electricity have also shown interest. Along these lines, next Thursday, October 12, the issue will be discussed at the session of the Sustainable Development and Climate Change Commission of the Confederation of Production and Commerce (CPC).
Who they are
According to the Registro de Organizaciones Gremiales del Ministerio de Economía, the Asociación de la Industria del Salmón de Chile (SalmonChile) was established in 1986 and brings together 48 members belonging to national and multinational companies, of which 10 are producers and/or exporters.
The president of SalmonChile, Arturo Clement, explained to Pulso that the union's legal teams "continue to evaluate the scope of the recent official notice issued by the Ministry of the Environment and, together with this, possible lines of action to confront this measure, which is one more in a list of actions that seek, via decree, to asphyxiate salmon farming".
"Regarding concessions, of the more than 1,000 applications for relocation of salmon aquaculture concessions submitted for processing between 2010 and 2023, none have been granted to date," he said.
María Alicia Baltierra, attorney-at-law, is SalmonChile's legal advisor.
The board is composed of Andrés Lyon, CEO of Australis Seafood; Patrick Dempster, general manager of Aquagen Chile; Berta Contreras, technical manager of Cermaq; Rodrigo Torrijos, general manager of Hendrix Genetics Aquaculture; Pedro Laporte, salmon manager of Blumar; Patricio Catalán, partner of Innovex, and Esteban Ramírez, general manager of the Instituto Tecnológico del Salmón (Intesal). Also Manuel Arriagada, general manager of Salmones Camanchaca; Igor Stark, sustainability manager of Ventisquero, and Salmuel Valdebenito, manager of Veterquimica.
The Asociación de Productores de Salmón y Trucha de Magallanes y Antártica Chilena (Association of Salmon and Trout Producers of Magallanes and Chilean Antarctica) was founded in 1995. The group is presided over by Carlos Odebret, who was linked to SalmonChile for 10 years.
Regarding this article, Odebret responded to Pulso that "we prefer not to comment on the evaluation of the official document until we have a complete analysis. The newest concession request in the Magallanes region has been in process for seven years".
The directors of the guild are: Pedro Courard, general manager of Cermaq, vice president; Pedro Laporte, salmon manager of Blumar; Josefina Moreno, human resources manager of Australis Seafoods; Sady Delgado, general manager of AquaChile (owned by Agrosuper); and Cristián Swett, general manager of MultiX.
The Salmon Council declined to comment on this article. The union is regularly advised by the law firm Schultz Carrasco & Benítez.