The Superintendencia del Medio Ambiente (SMA) from Chile concluded the sanctioning procedure against Cooke Aquaculture S.A., confirming eight environmental violations in the operation of three salmon farms located in the Aysén Region, Chile, two of which are located within the maritime boundaries of Laguna San Rafael National Park. Meanwhile, one of the charges brought in the indictment was acquitted.
As part of the sanctioning procedure, the SMA confirmed that the company committed environmental violations at the Punta Garrao, Huillines 2, and Huillines 3 farms.
Regarding Punta Garrao, information from the National Fisheries and Aquaculture Service (SERNAPESCA) confirmed that the company exceeded the maximum authorized production during the production cycle between September 2017 and February 2019, due to its total production amounting to 3,068.9 tons, exceeding the environmentally authorized limit by 22.72%. Additionally, the SMA confirmed that structures associated with the exploitation of the salmon farm was located outside the concession area. At the time of the inspection, it did not have a contingency plan for the hydrocarbon spill, nor a contingency plan for the southern river otter in its interaction with the farm.
Regarding the Huillines 2 and Huillines 3 farms, the SMA confirmed that the company substantially modified its projects without undergoing an environmental assessment, as required by law, after increasing the production of salmon hydrobiological resources through an intensive production system by more than 35 tons, without obtaining the required Environmental Qualification Resolution (RCA, acronym in Spanish).
Additionally, in Huillines 2, the company located the farm structures outside the concession area, and the presence of aquaculture waste was found on the adjacent coastline.
Thus, after analyzing the information gathered during the investigation, the administrative sanctioning procedure, the classification of the severity of the violations, and the assessment of the circumstances set forth in Article 40 of the Organic Law of the SMA, the total closure of the Huillines 2 and Huillines 3 farms was ordered, as a result of the substantive modifications introduced without RCA, and a total fine of UTA 1,660.6 (approximately USD 1.4 million). Regarding the closure, and in accordance with the law, the SMA will refer the sanction to the Environmental Court for consultation.
Faced with this situation, Andrés Parodi, General Manager of Cooke Aquaculture Chile, responded via LinkedIn: "Thanks to calls from journalists, I knew that the SMA, in the first instance, had ruled against us. A sad media show." Parodi added: “It was quite obvious that we would be sanctioned. I consider it a poorly designed system. Regarding the substance, it is simply a reflection of what Chile is today. A sanction that we would describe as expropriatory, arbitrary, illegal, discriminatory, ideological, disproportionate, and unconformable to science and the law. We acted in good faith, always with 100% of the sectoral authorizations to plant and operate. We did not cause harm to the environment, and we sought to collaborate with the authorities in all that has been requested, and we will continue to do so. We will continue to appeal and trust that at some point, the courts will rule in our favor, because we are right. Those of us who work in the real sector and contribute to Chile cannot give up.”
