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| General Law of Fisheries and Aquaculture (Chile) | |
|---|---|
| Title | General Law of Fisheries and Aquaculture |
| Enacted by | National Congress of Chile |
| Enacted | 1991 |
| Amended | 2013 |
| Status | In force |
General Law of Fisheries and Aquaculture (Chile)
The General Law of Fisheries and Aquaculture (Ley General de Pesca y Acuicultura) is Chile's primary statutory framework regulating fisheries and aquaculture activities within the Republic of Chile. The law establishes allocation, conservation, and management rules affecting artisanal fisheries, industrial fishing, and aquaculture operations along the Pacific Ocean coast, interacting with institutions such as the Undersecretariat of Fisheries and the Chilean Navy. Its provisions have shaped relations among stakeholders including Comité de Pesca, Confederación Nacional de Pescadores Artesanales de Chile, and multinational companies like AquaChile and Blumar Seafoods.
The General Law creates regulatory mechanisms for harvesting, processing, and cultivating marine and freshwater species within Chilean waters, linking resource allocation to instruments such as Total Allowable Catch regimes, individual transferable quotas (ITQs), and licensing systems that interact with the Ministry of Economy and the Ministry of the Interior and Public Security for territorial coordination. It defines special regimes for artisanal fishermen, assigns jurisdictional roles to the Maritime Authority (Chile), and sets criminal and administrative sanctions administered through tribunals including the Supreme Court of Chile and regional Courts of Appeal of Chile. The law's interplay with international instruments such as the United Nations Convention on the Law of the Sea and trade partners like United States and European Union members has influenced export-oriented sectors including Chilean salmon industry and the crustacean fisheries.
Drafting traces to debates in the National Congress of Chile in the late 1980s and early 1990s amid pressure from actors like Instituto de Fomento Pesquero and private firms including Pesquera Camanchaca and Sociedad Pesquera Copeval, reflecting competing models advanced by proponents of market-based allocation and advocates for coastal communities such as the Central Unión Nacional de Pescadores Artesanales. Key milestones include enactment in 1991, subsequent jurisprudence from the Constitutional Court of Chile, and the major 2013 reform promoted by the President of Chile and deliberated in both chambers of the National Congress, influenced by social movements associated with figures like Alexis Sánchez's hometown activists and NGOs such as Greenpeace. Legislative negotiation involved committees within the Senate of Chile and the Chamber of Deputies of Chile and drew on policy analyses from universities such as the Pontifical Catholic University of Chile and University of Concepción.
The statute delineates species subject to management, including pelagic stocks like anchoveta and demersal species such as Merluccius gayi (South Pacific hake), establishes licensing categories for industrial fleet vessels and artisanal boats, and prescribes size and gear restrictions linked to enforcement by the Navy of Chile and inspections by the Servicio Nacional de Pesca. It institutes access rights for aquaculture operators cultivating Oncorhynchus mykiss and Salmo salar and regulates habitat interactions with sectors like mining when affecting estuaries such as those near Chiloé Archipelago. The law addresses allocation mechanisms including ITQs and temporary permits, sets reporting obligations for processors like Salmones Camanchaca subsidiaries, and creates penalty structures enforceable through administrative units including the Superintendencia del Medio Ambiente.
Implementation relies on a network of state bodies: the Undersecretariat of Fisheries and Aquaculture for policy oversight, the Servicio Nacional de Pesca for licensing and monitoring, the Navy of Chile for maritime surveillance, and the Fiscalía Nacional Económica when competition issues arise. Enforcement mechanisms include patrols coordinated with the Carabineros de Chile for coastal security, satellite monitoring using technologies promoted by institutions like the Universidad de Chile's oceanography programs, and adjudication in administrative courts and criminal proceedings before district courts such as the Judicial District of Valparaíso. Inter-agency coordination with the Ministry of Defense (Chile) and the Ministry of Foreign Affairs (Chile) is crucial for resolving disputes in zones adjacent to the Exclusive Economic Zone of Chile.
Economically, the law shaped the growth of export industries including Chilean salmon industry and the processing sectors centered in ports like Puerto Montt and Coronel, affecting employment among members of organizations such as Federación de Pescadores Artesanales and altering investment patterns for firms like AquaChile and Multiexport Foods. Environmentally, outcomes include tensions over stock depletion of species such as Conger conger and habitat impacts in sensitive areas like the Gulf of Corcovado; researchers at the Centro de Investigación Oceanográfica and NGOs including World Wildlife Fund have documented effects prompting adaptive measures. The law's market instruments influenced concentration in fleet ownership, capital flows from investors like Fondo de Inversión Privado entities, and reshaped community livelihoods in regions such as the Los Lagos Region.
Challenges have arisen through litigation before the Supreme Court of Chile, constitutional scrutiny by the Constitutional Court of Chile, and political campaigns led by groups including Movimiento por la Defensa de los Pueblos and Confederación Nacional de Pescadores Artesanales de Chile. The 2013 reform reduced some ITQ privileges, strengthened artisanal access, and adjusted sanctioning powers, following proposals debated in Comisión de Pesca del Senado and influenced by international cases like disputes adjudicated under the International Tribunal for the Law of the Sea. Ongoing reform proposals involve ministries and stakeholders including the Ministry of Economy and academics from Pontifical Catholic University of Valparaíso seeking to harmonize allocation with conservation commitments and community rights.
Chile implements obligations under the United Nations Convention on the Law of the Sea, participates in regional bodies such as the Commission for the Conservation of Antarctic Marine Living Resources and engages in bilateral arrangements with neighbors like Peru and Argentina on migratory stocks and maritime boundaries, coordinating scientific assessments with institutions such as the Food and Agriculture Organization and the Inter-American Development Bank for fisheries projects. Trade relations with markets including the European Union and the United States connect sanitary standards to agreements like those negotiated with the World Trade Organization and require compliance with international conservation measures from organizations such as the Convention on Biological Diversity.