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Photo: #RealChileProtecting Patagonian Seas from Salmon Farms
The Straight of Magellan in Chilean Patagonia (or Magallanes, as it’s known in Spanish) hosts the largest number of natural protected areas in the country. Permanent snow feeds the idyllic landscape, which has been shaped by glaciers, lakes, rivers and seas. Within its bounds live protected species—blue whales, sperm whales, Magellanic penguins, elephant seals, leatherback turtles, and southern and Chilean dolphins.
The cold waters of this far corner of the world are pristine; this makes them more sensitive to high-impact human activities. And now they’re being stressed by the arrival of salmon farms, which have already caused severe environmental damage in regions further north.
In Chile, the salmon industry uses harmful techniques and operates without proper regulation. Its rapid growth has overwhelmed coastal waters, filling them with huge amounts of antibiotics, chemicals, and salmon feces. These pollutants have led to partial or, in some places, complete lack of oxygen in the water, threating all forms of marine life.
Large salmon farms in the Magallanes region are already causing big damage. According to a government audit, more than half of the salmon farms operating there are affecting the availability of oxygen in the water, a condition that did not occur prior to their arrival.
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Legal resistance to the expansion of salmon farming in Chile
By Claudia Arancibia (AIDA), Victoria Belemmi (FIMA) y Estefanía González (Greenpeace Chile) In the Magallanes Region of Southern Patagonia, one of Chile’s most pristine natural areas, the indigenous communities who have lived amongst these awe-inspiring fjords and channels for six thousand years are now fighting to project them. A coalition of Kawésqar communities – organized as Kawésqar Atap, As Wal Lajep, Grupos Familiares Nómades del Mar, Residentes Río Primero e Inés Caro – are defending their land and seas from the expansion of the salmon industry into their ancestral territory. In February, they won an important legal victory. Chile’s Supreme Court ruled in their favor, repealing an environmental permit that had authorized the construction of a salmon farm in Lake Balmaceda, citing the project’s failure to consider the observations of local communities. The ruling overturns a 2018 decision of the Third Environment Court that had rejected the communities’ claims. This case sets an important precedent—the nation’s highest court recognized the value of indigenous participation in the environmental evaluation process of projects that could affect ancestral territories. It also reaffirmed the State's obligation to respect the indigenous consultation process and to comply with the provisions of national environmental law and Convention 169 of the International Labor Organization, ratified by Chile. The Supreme Court's ruling represents progress toward understanding that the participation of indigenous, local and traditional communities—in addition to being a right—is a valuable input for decision-making. In November 2020, another important legal development acknowledged the damages caused by these salmon farming operations. The Third Environmental Court recognized that the lack of oxygen in the waters of Chilean Patagonia is directly related to the operation of salmon farms. Despite being informed of the situation, the Environmental Superintendent had previously ignored the causal relationship between salmon farming and environmental damages, arguing that, often, the decrease of oxygen was due to natural causes such as marine currents, the geography of the area, or climate change. The Court’s ruling also constitutes a key precedent, as it associates industrial salmon production with the dangerous percentage of areas with low oxygen levels in the seas of Chilean Patagonia. Known as anaerobism, this condition is caused by the large amount of organic matter (uneaten food and feces) that the salmon industry discharges into the sea, inadequate handling of dead fish, and the amount of farmed fish per square meter, which exceeds the carrying capacity of the waters. What about sanctions? Despite the progress described above, Chilean authorities still face serious problems in adequately controlling salmon farming and preventing the damages the industry’s expansion is causing. It’s clear that the sanctions imposed on offending companies have not been sufficiently exemplary or dissuasive. In spite of multiple sanctioning procedures against several companies, no efforts have been made to improve sanitary and environmental standards, neither of which is considered by the environmental authorities when granting operating permits. For a revelatory case study, we need look no farther than a Magallanes scandal known as “Salmon Leaks.” In 2019, a journalistic investigation uncovered that the company Nova Austral was hiding the amount of fish that died daily in their farms in the Alberto de Agostini National Park. A subsequent report revealed that the company also adulterated the seabed with heavy machinery (until it was basically dead), in order to hide its anaerobic condition and obtain permission to continue farming salmon in biologically deteriorated marine areas. In response, the Court of Appeals of Punta Arenas sanctioned the company with the maximum fine and the suspension of a productive cycle. In 2020, the State Defense Council sued the company for possible fraud because it was collecting tax benefits under the Navarino Law in breach of its obligation to "make rational use of the natural resources of the Magallanes region, preserving nature and the environment." Then, General Treasury of the Republic withheld four payments covering up to four months of subsidies under the law. Despite the multiple scandals and sanctions imposed, the company continues to advertise the "sustainability" of its salmon. The future of the Kawésqar Reserve Now, Nova Austral is seeking to relocate four of its aquaculture concessions to Kawésqar National Reserve, with prior approval from the Environmental Evaluation Service. Six other projects are currently undergoing environmental evaluation for the same purpose. This is alarming for many reasons, but principal among them is the fact that the Reserve lacks an adequate management plan to safeguard its conservation objectives. This leaves the area exposed potentially serious impacts to its natural wealth and the ancestral rights of the Kawésqar indigenous communities. It’s urgent that the Reserve’s management plan prohibits salmon farming within its boundaries, due to the outright incompatibility of salmon farming with the reserve’s objectives. We have much to learn from the Kawésqar communities, who reaffirm the protection of the seas of the Patagonian archipelago as the basis for protecting their worldview, their cultural identity and their way of life. What will it take for the rest of the country to defend the Patagonian seas as a natural treasure vital not just for Chile, but for the world?
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Chile fails to advance towards adequate oversight of the salmon industry
An administrative summary carried out by Sernapesca investigating serious irregularities in salmon farming concessions ended up absolving the officials involved of all charges, without valid arguments. The results of the audits of Chile’s Subsecretariat of Fishing and Aquaculture (Subpesca) and the National Service of Fishing and Aquaculture (Sernapesca), carried out in 2016 by the Comptroller General's Office, showed serious irregularities in salmon farming concessions. This led to Sernapesca undertaking an internal administrative investigation to establish the facts and assign responsibility for those irregularities. However, the officials who were the subject of the investigation were absolved of all charges without sufficient evidence. The audits identified that a significant number of the concessions were operating in anaerobic conditions (generating a lack or absence of oxygen). They also found that concession holders (at least 100) took samples at alternate sites so as to demonstrate the presence of aerobic conditions. Thirty-one percent of the centers reviewed had operated outside of their authorized concession area. Also, Sernapesca did not confirm that the concessions had not expired for failing to starting operations one full year after their material delivery. Despite the seriousness of the fact that a significant percentage of the concessions are creating anaerobic conditions—under which marine life cannot survive—the investigation did not address this reality. Without any justification, the officials called to answer for this lack of oversight simply refused to accept any responsibility. To mention just a few examples: they excused displaced concessions citing a tolerance range for displacement that contradicts the law, lacks scientific basis, and is often violated; they excused themselves from taking samples at different sites on the grounds that the concessions were displaced; and, to explain the lack of declarations for expired concessions, they argued that there are no legal or regulatory provisions that order Sernapesca to officially confirm the expiration of a concession. Such statements cannot be used as an excuse to allow companies to continue maintaining their concessions when they have legally expired. Based on the process described, the Interamerican Association for Environmental Defense (AIDA), the NGO FIMA, and Greenpeace Chile consider that, despite the declared intent of the authorities, there are still serious problems with the control and government oversight of salmon farming in Chile, and the adequate curbing of its expansion. The generation of anaerobic conditions, which are occurring in many of the salmon farming concessions, is a very serious and often irreversible environmental problem. Places without oxygen quickly become true underwater deserts where life cannot thrive. Awareness of this problem, however, is not common because it occurs underwater, where it cannot be seen. The agencies in charge of regulating and overseeing the industry have a fundamental job to carry out. The Comptroller's Office took an important step by carrying out audits of Subpesca and Sernapesca. Now we need the agencies to confront the weaknesses that have been revealed and to rise to the very important task of monitoring and sanctioning the industry. We urge the Comptroller General's Office to adequately follow up on the 2016 audits. It is clear that the control of the industry, as well as the imposition of sanctions when appropriate, is not working as it should and the seas of southern Chile cannot continue to be unprotected. It is urgent to move towards stopping the expansion of an industry that has proven to be incompatible with the health of marine ecosystems, and to implement the appropriate sanctions, derived from the expiration of concessions and environmental permits for those farms causing grave environmental impacts. press contact: Victor Quintanilla (Mexico), AIDA, [email protected], +5215570522107
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Calling on Chile to stop salmon industry’s impact on Patagonia
AIDA alerted six international treaties to the damages the salmon industry is causing to Chilean Patagonia, and requested that they visit the Magallanes region to investigate the impacts and urge the Chilean government to protect the region. Santiago, Chile. In an Urgent Alert to international authorities, the Interamerican Association of Environmental Defense (AIDA) requested that experts visit the Magallanes region of Chilean Patagonia—where the expansion of the salmon industry is causing serious environmental damage—and asked them to urge the government to adopt appropriate measures to address them. “These six treaties were signed and ratified by Chile to protect its natural wealth, including the endemic species of the Magallanes region,” said Florencia Ortuzar, AIDA attorney. “The government is violating these agreements by failing to prevent the salmon industry from damaging the country’s marine environments.” The document details the principal damages caused by the salmon farms in Magallanes, among them: contamination of the seabed from large amounts of fish feces, excess chemical waste, and the over-saturation of waters with fish, all of which create oxygen-free dead zones where marine life cannot survive. The alert was sent to authorities in charge of the Convention on Biological Diversity, the Convention on the Conservation of Migratory Species of Wild Animals, the International Whaling Commission, the Inter-American Convention for the Protection and Conservation of Sea Turtles, the United Nations Convention on the Law of the Sea, and the Antarctic Treaty. The situation was also reported to the Food and Agriculture Organization of the United Nations and the World Health Organization. The Magallanes region is home to many protected species, including the blue whale, the sperm whale, the Magellanic penguin, the elephant seal, the leatherback turtle, the Southern dolphin and the Chilean dolphin. A remote and pristine area, Magallanes is poorly studied and it is thus virtually impossible to understand the consequences of the industry’s current and potential impacts. “More than half the farms operating in Magallanes are causing a total or partial lack of oxygen in the waters,” explained Ortuzar. “This demonstrates that the salmon concessions are being granted without the scientific support needed to guarantee they won’t cause environmental damage.” Another problem raised in the alert is the excessive use of antibiotics in Chilean salmon farms—higher than that of any other salmon-producing nation. This excessive use provokes antimicrobial resistance in humans, a problem that has been recognized by the World Health Organization as a serious threat to global public health. In the alert, AIDA requested the international authorities: support the Chilean State in the investigation of the salmon industry’s real and potential impacts on Patagonia; remind Chile of its obligations under the treaties; investigate the damage described; and, when needed, request the application of sanctions and the suspension or cancellation of concessions in Magallanes. Consult the Urgent Alert. Find more information on the case here. press contact Victor Quintanilla (Mexico), AIDA, [email protected], +521 5570522107
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