Los Lagos fishing ground. (Photo: Subpesca)

Supreme Court declares salmon dumping illegal in Los Lagos

CHILE
Thursday, May 24, 2018, 21:50 (GMT + 9)

The Supreme Court accepted a protection appeal presented by artisanal fishermen and environmental organizations of Los Lagos region for the dumping of 9,000 tonnes of salmon in Reloncaví inlet, in 2016.

In unanimous decision, the Court Third Chamber ordered the adoption of a series of measures to the National Service of Fisheries and Aquaculture (SERNAPESCA), the Directorate of Maritime Territory and Merchant Marine (DIRECTEMAR), the Regional Ministerial Secretariat (SEREMI) of Health and the Environment Superintendency.

"It is appreciated that the institutions involved avoided deploying any activity that would lessen the effects that this climatic condition, which was known in advance, could produce on aquaculture products, as indeed it happened, and in such a great magnitude", points out the ruling, making reference to the toxic algae bloom that occurred in early 2016.

It adds: "It was a public and notorious fact, credited with the multiple written and digital press publications accompanying the cause, that some containers or 'bins' were rejected by the fishmeal plants when their processing capacity was exceeded by what was returned to the companies, so it is inconclusive that there was biomass treated with chemicals whose fate is unknown and that could well be part of that portion of the mortality that was not destined to be discarded in a landfill."

For this reason, the Third Chamber of the Court considered that the information provided by SERNAPESCA "insofar as it stated that the treatment of mortality had not been investigated appears to be unfounded in relation to the content of the management plan for the mortalities that govern companies".

In the opinion of the magistrates, "the petitioners have departed so much from the legal regulations that sectorally regulate environmental and health emergencies, as well as from those directly oriented to the protection of the environment, thereby harming the right of the appellants ( ...), that is to say, to live in a pollution-free environment, so that the appeal for protection filed must be accepted."

Taking into account all of the above, the court ruled that "all the respondents will within two months adopt, the preventive, corrective and coordination measures of the procedures by which each one should be governed, leading to a timely and effective reaction to avoid risks to the health of the population and damage to the environment, which will be reported to this Court, and should, in any case, continue with the scientific and administrative investigations that contribute to setting the measures intended to avoid the repetition of what has happened.”

Related articles:

- Los Lagos prosecutor orders new proceedings and investigations related to salmon dumping
- Greenpeace ensures salmon dumping strengthened red tide in Chiloe
- Scientists rule out link between red tide and salmon dumping
- 300 tonnes of dead salmon due to harmful algae dumped into sea
- More than 2000 tonnes of salmon converted into fishmeal and fish oil

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