Chile

October 04 2016 Oceans, Toxic Pollution

Chile’s Salmon Farms: Sustainability is Impossible

By Florencia Ortúzar Chile is the second largest producer of salmon in the world. For more than 20 years, the industry has put profit above environmental protection. In the absence of government regulation, large-scale salmon farms release contaminating chemicals and create oceanic dead zones. They hurt other species and harm the people and communities that depend on the ocean for sustenance. The situation is bad, but it could get worse as the industry looks to expand into new areas of pristine waters. Bad Practices Salmon farming in Chile will never be sustainable because it requires much more protein to operate than it generates. Salmon are carnivorous. To produce one kilo of salmon you need about five kilos of wild fish for feed. Years of bad business practices and lack of government regulation have resulted in serious environmental damage, which has, in turn, brought grave social consequences to those who depend on seafood for their livelihoods. On the Big Island of Chiloé, for example, seaweed and shellfish gatherers, artisanal fishermen and people who work in plants that process wild-caught fish are experiencing massive unemployment. This social crisis is a direct result of the environmental catastrophe caused in large part by the salmon industry, which has extensive operations in the area. In Chile, developers must present declarations or environmental impact studies that examine their project’s potential to harm nature. Despite the great risk to ecosystems, salmon farms are supported by mere affidavits, and not by studies that would allow for the identification and proper handling of potential negative impacts. The result is thousands of salmon hatcheries. Each one consists of floating cages that, without sufficient spacing or adequate sanitation, house thousands of salmon crammed into small spaces (half the space allowed in Europe). Although it seems difficult to believe, and despite the law saying otherwise, in Chile no studies have been done on the ability of the ocean, lakes, and rivers to accommodate the number of salmon that are grown. These captive salmon are fed pellets that contain a mix of wild fishmeal, pesticides, dyes, fungicides, and chemicals used to speed growth. A majority of these pellets are not consumed and simply fall to the seabed. Additionally, each salmon is injected with an exorbitant quantity of antibiotics (up to 5,000 times more than used in Norway). Finally, the waste generated by the fish, which contains chemicals, also accumulates on the ocean floor. More than 20 years of these practices have caused dead zones in the ocean where life is no longer possible. Another serious problem with the industry is that salmon often escape from their cages. According to a report by the NGO Terram, escaped salmon in Chile represent 1.5 percent of the total production, equivalent to more than 9,000 tons per year. Some studies report that this percentage could reach as high as five percent. Although by law farms must have recapture plans, they rarely succeed. Salmon are an aggressive fish. When free, they compete with native fish for food and shelter, and transmit disease. Crisis in the Sea In May, Chile’s coasts were devastated by an unprecedented red tide, believed to be the country’s worst recent environmental crisis. The natural phenomenon, characterized by an excessive increase in microalgae, resulted in the beaching of whales, squid, sardines and even birds. Captive salmon were also affected and the industry suffered huge losses: thousands of tons of salmon carcasses rotted in floating cages. The death rate was such that the national maritime authority authorized the release of 9,000 tons of dead salmon into the sea. According to the salmon industry and the government, the red tide was caused by El Niño, which was aggravated by global warming. However, some scientists have said that the salmon industry is largely to blame for submitting the ocean to their bad practices for so many years. Patagonia Without Salmon Farming! Not only has the salmon industry not learned from its mistakes, but it is also looking to expand into new, uncontaminated waters. It’s happening in the Patagonia regions of Magallanes and Aysen, where approximately 3,100 applications for salmon farms are awaiting approval. Farms were even proposed for places declared as priority conservation sites. Together with our allies, AIDA is working to ensure salmon farming and other industries comply with environmental standards. But there’s something you can do too, as citizens and consumers. Vote with your pocketbook. By purchasing only sustainable seafood products, you can help prevent the creation of more dead zones in our oceans.

February 22 2016 Public Participation, Freshwater Sources

The Invaluable Legacy of Douglas Tompkins

By Florencia Ortúzar, AIDA attorney On December 8th, one of the last pristine places on the planet, Patagonia, lost one of its greatest protectors, Douglas Tompkins. At 72 years old, the conservationist and multimillionaire lost his life in a kayaking accident. Much has been said about the eccentric man who sold the companies that made him rich, and left it all behind to undertake an ambitious conservation project in Chile and Argentina. It was looked on with suspicion when he began frantically buying lands in the Southern Cone for the sole purpose of protecting them. Tompkins thought that effective conservation should be “extensive, wild and connected.” So he decided to create large national parks that would be protected even in his absence. To do so, he acquired large tracts of land and began returning them to their natural state, removing fences and recuperating ecosystems. Without fences, wildlife could move freely, a condition which is fundamental for their prosperity. Donating in exchange for protection Barely more than a month after she was widowed, Kris Tompkins, Doug’s wife for 20 years, met with Chilean President Michelle Bachelet to offer the donation of more than 400 thousand hectares of land in Chilean Patagonia, including millions of dollars in infrastructure. With it, she sought to realize the last of the couple’s major projects in Chile: the creation of Patagonia Park, which together with other lands, donated or in process of being donated, would form a network of parks in Patagonia. In Chile, the Tompkins had already donated land for the creation of Corcovado Park in Patagonia and Yendegaia Park in Tierra del Fuego. The land to create Pumalín Park, also in Patagonia, is in the process of being donated. All together, these land donations equal more than 500 thousand hectares of protected wilderness. But the Tompkins’ gifts come with conditions: for each hectare they receive, governments must protect a certain number more. In exchange for the posthumous donation in Chile, for example, the government is required to create new national parks, expand existing parks and reclassify four natural reserves. Negotiations are expected to conclude in 2018. If the Tompkins’ succeed, the agreement will create the most important network of national parks in the country. Protection in Argentina Tompkins also donated vast stretches of land in Argentina. In the Entre Ríos Province, he started a soil recuperation project, using highly diversified organic crops to overcome the damage of industrial monoculture. The Argentine Patagonia also received protection, through land donations of 66 thousand hectares to Monte Leon National Park and 15 thousand hectares to Perito Moreno National Park. Tompkins’ last project in Argentina was completed last December when the Argentine government met with Kris Tompkins to accept the donation of 150 thousand hectares of land in the Estuaries of Iberá, the second largest wetland on the planet. This area, when added to the 50 thousand hectares previously donated and the 500 thousand that already form Iberá Park, will create one of the largest reserves in the country. ¡Patagonia sin Represas! In addition to contributing to the creation of national parks, Tompkins supported the activism of conservation groups in Patagonia. One of the initiatives he sponsored was the campaign Patagonia sin Represas, which managed to stop the HidroAysén project in its tracks. HydroAysén had aimed to construct five mega-dams on the Baker and Pascua rivers, two of the largest free-flowing rivers in Chile, located in the heart of Patagonia. During Doug’s burial the mantra “Patagonia sin Represas” is said to have been shouted by mourners when the last handful of dirt was thrown upon his grave. At the end of the 1900s, when Tompkins’ land purchasing in Argentina and Chile was at its peak, he was accused of buying the land cheaply and displacing its inhabitants, leaving them without work. Later, the accusations became more sophisticated: they accused him of buying land to create a new Zionist state, of being a CIA spy, and of trying to seize enormous reserves of fresh water to export to places experiencing drought. Many looked upon his work with suspicion. Maybe they found it difficult to believe that someone would invest millions of dollars with the sole objective of preserving the perfect natural harmony that surrounds us. Any accusation was easier than giving credit to his true intention: buying land to prevent it from being exploited, and then giving it back to the government, not for money, but for a commitment of protection. Whatever his detractors may say, here in reality, Douglas Tompkins left an enormous legacy to all of mankind. He has conserved more land than any other person in the history of Chile and Argentina. His work has translated into massive patches of green on the maps of Patagonia. For those pristine and wild places, we are eternally grateful. CONGRATULATIONS DOUG, and THANK YOU!

August 17 2015 Oceans, Mining

Watch Out! The Mining Industry Wants to Dump its Waste in the Ocean

By Florencia Ortúzar, AIDA attorney, and Karol Rodríguez, AIDA intern Mining gives rise to a serious problem: toxic waste. Tailings from ore extraction have been known to damage the environment and communities living near dump sites. Responsible management, then, is critical if we desire economic development that brings more benefits than problems. In Chile, mine companies are running out of places to dump their dangerous byproducts. Inadequate disposal has already caused substantial harm; nobody wants toxic waste near their home or community. Even depositing tailings in dry areas with low biodiversity is not safe, because rain and floods can wash contaminants into communities. In this context, Chilean mining companies have come up with the “brilliant” idea of depositing mine tailings into the sea, through a pipeline that would transport tons of waste to a valley on the ocean floor. The Ocean: delicate and mysterious cradle of life The ocean is one of the greatest mysteries on our planet. In fact, 95 percent of the ocean floor has not been mapped, which means we know only 5 percent of it. We know more about the surface of the moon than about the depths of the ocean. What’s more, oceans contain the most complex ecosystems on the planet. The variables involved in their health and dynamics are infinite. Given these unknowns, it is impossible to predict the effect that mine tailings would have on the ocean floor. This uncertainty is reason enough to apply the precautionary principle, an important legal tool to prevent environmental degradation caused by human development. We don’t know how the waste may affect complex marine ecosystems, their many species, or even ourselves, who take nourishment from fish and other seafood. So how could we sleep soundly while a pipeline funnels contaminated, and certainly hazardous, waste into our oceans? The effects of the environmental damage could be large and uncontrollable, and, once the water is released into the ocean, there would be no turning back. An international workshop on the idea To understand more about this worrying initiative, two renowned Chilean environmentalists—Juan Pablo Orrego, president of Ecosistemas, and Flavia Liberona, executive director of Fundación Terram—attended an international workshop in Lima in June. Participants at the workshop, convened by the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection and the International Maritime Organization, discussed the viability of depositing mine tailings in the ocean. Orrego penned an article on the theme, which you can read here. In the workshop they learned that dumping mine waste into the ocean is nothing new. It happens in Canada, Turkey, Papua New Guinea, and in some African countries. The Norwegian government recently authorized the use of a pristine fjord (a narrow sea inlet) as a repository for mine tailings from a rutile mine. During the workshop, an official from the Norwegian government defended the decision, arguing, “The social benefits from the mine outweigh the destruction of the fjord.” According to whom? For and against Supporters of the Chilean proposal claim that dumping tailings into the sea does not necessarily entail a hazard. They say the risks are minimal because there’s no oxygen on the bottom of the ocean, so the chemical reaction that causes toxicity on the surface would not occur. Leonel Sierralta J., former official of Chile’s Environmental Ministry and current scientific director of Sustainable Initiatives for Mining, penned an open letter in response to Orrego’s article. In it, he says that although there have been disastrous cases involving mine waste in the ocean, there are also cases in developed countries in which waste dumping has been carried out based on science and following strict environmental criteria. His arguments have not convinced those who oppose the proposal, including five Chilean senators who sponsored a bill to prohibit the discharge of tailings into the ocean. An alternative: neutralize the risk Orrego proposes to regulate mining more strictly. He says that before tailings are deposited, mining companies must extract from them all heavy metals and neutralize their chemical compounds. In that way, it would be feasible to deposit practically inert tailings in places such as old mine shafts. It would even create an economic opportunity for companies to begin extracting and recycling dangerous elements. The neutralization of tailings is an appropriate alternative to continuing environmental destruction. Orrego’s proposal is sensible. It’s reasonable to assert that economic activities dangerous for the environment continue only if their impacts are neutralized. If we generate more waste than we can deal with, it’s because we are not acting sustainably, which means we are not assuring the conservation of a healthy planet for our descendants. This is why we at AIDA work daily to preserve the health of ecosystems in the face of highly polluting activities like mining.

March 23 2015 Climate Change, Freshwater Sources, Mining

Toward a law to protect glaciers and water in Chile

More than 70 percent of the world’s fresh water is frozen in glaciers,[1] making these giants the most important freshwater reserves on the planet. The distribution of this wealth has been generous to some countries. According to the Randolph Inventory, the most complete map of glaciers in the world, Chile is the guardian of the largest area of glaciers in South America: 14,600 square miles distributed across thousands of glaciers that reach from the peaks of the Altiplano in the north to the extreme southern tip of the continent. The most dangerous threats to glaciers are climate change and industrial activities near them, especially mining. Through strategic litigation and advocacy, AIDA is working to halt the harms from both of these threats. Climate change has caused the decline of snow and rainfall, as well as an increase in temperature, which reduces the accumulation of ice and increases the melting of glaciers. Mining exploration and exploitation degrade glaciers with road construction, drilling, explosives, and toxic materials. These activities also generate dust that settles on glaciers, making them darker and accelerating their rate of melt. Although we know that water is fundamental for life, and that glaciers are dangerously threatened, surprising littleinternational law protects glaciers. No international treaty aims to preserve them, nor is any such treaty under consideration. At the national level, only Argentina has a law to protect its glaciers. In Chile, draft legislation to protect glaciers has been debated in Congress for many years. Bearing in mind the drought currently plaguing the country, what better reason could there be to develop a SMART legal tool to care for Chilean glaciers? In search of a law The first attempt to enact a law to protect Chile’s glaciers was in 2006. It was driven by the approval of the Pascua-Lama mining project, which threatened the mountainous glaciers in the north of the country. The unsuccessful initiative was shelved in 2007. On May 20, 2014 members of Congress, calling themselves "the Glacier Caucus," proposed a new law to preserve the glaciers. Mining and geothermal companies severely criticized their proposal, which forbade mining and other activities that harm glaciers. This March, the executive branch made a counterproposal. According to environmental organizations, the spirit of the Glacier Caucus law was completely changed in response to mining-industry demands. What follows are points for and against the government’s proposal, based on the minutes in (Spanish) of a collaborative meeting of environmental organizations: Positive Recognizes glaciers as freshwater reservoirs, as providers of ecosystem services, and as national public property. Prohibits applications for rights to harvest glacial water. Strengthens the power of the General Water Directorate to generate information, monitor the status of glaciers, and impose fines. Elevates the legal hierarchy of the glacier inventory. Negative Does not protect all glaciers, only those found in national parks or wildlife reserves. This is a serious oversight, considering that the most threatened glaciers are in the north, where national parks are rare and where they share territory with mining reserves. Worse, still, glaciers in the north supply drinking water to millions of people who live in areas where water is scarce. Could safeguard some glaciers outside of protected areas if the Committee of Ministers for Sustainability considers them "strategic water reserves." The proposal, however, makes no reference to the tools or public funds needed to make such an assessment. The risk is that this designation would eventually be left to consultants who frequently work for mining companies. Leaves glaciers that are not considered “strategic reserves” open to industrial projects, depending on the conclusions of Environmental Impact Assessments. In the past, EIAs have permitted such damaging projects as the Pacua-Lama, Andina 244, Los Bronces, and Los Pelambres mines. States that a project’s environmental permit will only be reviewed if the project currently impacts glaciers in national parks or those declared "strategic reserves." All other glaciers remain subject to the mining and energy projects that are already harming them. Internal debates in Congress will continue. We truly hope the resulting law will provide all glaciers with their due protection and that similar laws will be enacted in the rest of the countries where glaciers hold precious water for future generations. Meanwhile, AIDA’s dedicated legal advocates are working hard to prevent and minimize mining threats to the environment and people. AIDA is currently preparing a guide, Basic Guidelines for the Environmental Impact Assessment of Mining Projects: Recommended Terms of Reference (in Spanish), detailing the comprehensive analysis that must be completed for any proposed mining project. We are advocating with government agencies to conduct thorough assessments before approving new mine projects and, when necessary, we’re pursuing strategic litigation to compel agencies to improve their assessments. We’re also strengthening environmental laws and precedents that apply to extractive industries. In Colombia and Panama, AIDA is actively advocating revisions to the national mining codes, specifically to protect crucial water resources. Bringing international law to bear on the issue, we’re using international agreements to establish precedents that apply to mines broadly. We’ve also begun to create a pool of technical experts to help local communities and governments understand and evaluate proposals for mineral extraction. Please watch this blog for upcoming news about mines, water, and AIDA’s efforts to protect a healthy environment. [1] According to data from Global Water Partnership: http://www.gwp.org/