- The above, since during five production cycles recorded between 2014 and 2023, and where excess production would have been generated above its RCA, between 373 to 3,827 tons.
- The owner risks a fine of up to ten thousand annual tax units (UTA), equivalent to more than $7,892 million.
Aysén Region, June 28, 2024. The Superintendency of the Environment (SMA) filed charges against the company Multi from Cisnes, Aysén Region of General Carlos Ibáñez del Campo; then, to verify overproduction of salmon in different cycles between 2014 and 2021.
This case has its origin in complaints filed by the Committee for the Defense of Fauna and Flora (CODEFF) Aysén; the Union of independent artisanal fishermen, shellfish divers and seaweed collectors “Nuevo Amanecer”; and by the Terram Foundation, organizations that reported on anaerobic conditions in some samples taken, as well as the maximum authorized overproduction with respect to the environmental permits that the company has for its operations.
Following these complaints, the Superintendency requested information from Sernapesca last May by means of an official letter, whose response was sent by said service the same month. With this background, the SMA carried out an evaluation of the production of the Cholga CES during the 2014-2015, 2016-2017 and 2018-2019 production cycles, in relation to the maximum production limits authorized in its RCA and respective technical project. Through this analysis, it was detected that in each of the analyzed cycles there was an exceedance of the maximum authorized production. Additionally, the results of the Environmental Information (hereinafter “INFA”) samplings were analyzed, which showed anaerobic conditions for all cycles with overproduction.
In addition to the above, the SMA carried out a new evaluation of the compliance status of the Cholga CES, through the automated analysis of the mortality, harvest and stock information declared by the owner through the Aquaculture Inspection Information System (SIFA) belonging to Sernapesca, as well as the receipt of raw material reported by the Processing Plants on the Traceability platform, for the 2020-2021 and 2022-2023 production cycles, where findings of overproduction were also detected, as well as the existence of anaerobic conditions in the CES.
Based on all these facts, this Superintendency formulated a very serious charge against the company, after verifying that it had exceeded the maximum production authorized in the CES Cholga (RNA 110393) during: 1) The production cycle that occurred between January 1, 2014 and August 9, 2015; 2) The production cycle that occurred between May 13, 2016 and September 29, 2017; 3) The production cycle that occurred between January 31, 2018 and July 31, 2019; 4) The production cycle that occurred between January 20, 2020 and July 4, 2021; and 5) The production cycle that occurred between January 10, 2022 and March 5, 2023.
The infraction was classified as very serious because it constitutes a recidivism or reiteration of an infraction classified as serious under article 36 of the LO-SMA. Likewise, it was considered that the infraction is also serious because it constitutes environmental damage that can be repaired, because it is a serious failure to comply with the measures to eliminate or minimize the adverse effects of the project, as well as being an unauthorized activity carried out within a wild area. protected by the State.
About, Oscar LearHead of the SMA Regional Office of Aysén revealed that “this formulation of charges is supported, after all the analysis of information carried out by this Superintendency regarding the production evaluation of the CES Cholga, as well as its maximum production limits authorized in its environmental permit, and where it has been evident that the company has presented repeated overproduction between the years 2014 and 2023,” he indicated.
For her part, the Superintendent of the Environment, Marie Claude Plumernoted that “This particular case is of special relevance as it is located in a protected area with key conditions for ecosystem balance. Therefore, the call is always for the owners to comply with environmental regulations and with what they were authorized to operate. It is imperative and part of the rules of the game for all those who carry out an economic activity.”
In addition, the head of the service also added that “Supervision of the aquaculture sector is an issue that has been strengthened in the Superintendency in recent years through different actions and strategies. Since October 2023, we began to implement a system to monitor the production cycles of Salmon Fattening Centers with the aim of preventively informing the owners of the industry about their estimated production in relation to the maximum authorized in their Environmental Qualification Resolutions (RCA). With these reports, the owners are alerted about how their production level is going according to what is allowed in their environmental permit, so that they can adjust to it.”
In the case of very serious infractions, the holders are exposed to fines of up to 10,000 UTA, along with the revocation of the RCA or closure. In this case, the company Multi X SA risks a fine of up to ten thousand UTA, equivalent to more than $7,892 million.
Following notification of this formulation of charges, the company has a period of 10 business days to submit a Compliance Program and 15 business days to formulate its Disclaimers, both periods counted from the notification.
More information in the National Environmental Control Information System (SNIFA): https://snifa.sma.gob.cl/Sancionatorio/Ficha/3708
