The satellite map shows Union Sur journey, which sailed from Punta Arenas and arrived to the Falklands in November 2014. (Map: Stock File / FIS)

Foreign Ministry will finally send letter rogatory to Emdepes for illegal fishing charges

ARGENTINA
Friday, January 15, 2016, 03:00 (GMT + 9)

Sources from the Foreign Ministry and the Agro Industry Ministry have confirmed that the Argentine government sent a letter rogatory to a Chilean subsidiary of the Japanese group Nissui, following a claim for fishing operations that violated Argentine Fisheries Act.

On November 2014, the Japanese holding Nissui, which has operated in Chile and Argentina for more than two decades, created an unlawful situation involving its subsidiaries in both countries Emdepes SA and Pesantar S.A., respectively.

Union Sur, a ship belonging to Emdepes S.A. (Nissui Chile) had sailed from Punta Arenas bound for the Falkland Islands with British fishing license.

However, Argentine legislation (Act No. 24.922) prohibits operating simultaneously in Argentine waters having a fishing license issued by the British administration of the islands.

Emdepes CEO, Satoshi Kaneda, was aware of the operation involving fishing in the Falklands from Chile, and being Nissui also installed in Argentina, it was a serious illegal act against Argentina's Federal Fisheries Act.

In fact, Kaneda ordered via e-mail, to keep the operation secret from Argentine colleagues of Nissui group, in an attempt to hide the illegal manoeuvre.

Chilean authorities gave the Union Sur, owned by Emdepes, permission to sail and then to entry to Chilean port, after operating in the Falklands.

This illegal operation involves, in addition to the fine established under the Federal Fisheries Act, the automatic expiration of fishing permits and quotas granted by the Argentine government to Pesantar (Nissui Argentina) permanently.

This fact was denounced at the time by a Pesantar manager: Juan Benegas, who was the COO at the time, on 2 December 2014 filed an application for investigation of illegal fishing in the Falklands, according to Argentine law.

The application was filed in the National Secretariat, to Dr. Nestor Miguel Bustamante, who was the undersecretary at that time; in the Foreign Ministry, to Ambassador Daniel Filmus; to the Embassy of Japan and the Federal Fisheries Council.

The claim was made based on the e-mail sent by Takeda to Nissui authorities in Tokyo, in which he reported on the operational status of the Union Sur vessel:

"G'day. Keep taking with care to talk to any Argentinean Colleagues regarding for the underwritten matters," wrote the president of Nissui Chile on that e-mail.

"After her departure from Punta Arenas at 3rd of November, she [the Union Sur] had navigated off the 200 miles of Argentinean Line, then reached to the Port Stanley of the Falklands Islands at day 7. After receiving her fishing license, start to searching, however she could not find any schools there...,” it can be read following.

The denounced illicit act concluded its evidentiary stage and a sanction is expected for Emdepes Company through the Argentine Foreign Ministry, which could involve a fine of around USD 1 million.

The order to send a diplomatic letter rogatory has already been provided, which is in the corresponding administrative process for the company, given that the Minister of Agriculture and Fisheries, Ricardo Buryaile, is on a mission abroad.

Emdepes must accept the charges, since Nissui Japan accepted the facts on 5 August 2015 during the evidentiary stage.

Related articles:

- Nissui: Deadline confirmed by Undersecretary of Fisheries expires tomorrow
- Punishment to Japanese company for fishing in Falklands evaluated
- Pesantar case will leave Nissui in illegal status

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