Cooke challenges 'disproportionate' farm suspensions in Chile

Canadian-owned salmon farmer Cooke Aquaculture Chile is going to court to challenge what it calls “disproportionate and expropriatory” sanctions for short delays in supplying information to state aquaculture agency Sernapesca.

Last week, a ruling from the Puerto Aysén Court was issued, ordering the suspension of operations for a production cycle at nine salmon farms, including two within the Laguna San Rafael National Park.

The ruling, dated January 25 and initiated by a complaint from Sernapesca, affects the Ballenas 3, Explorer River Salmon 5, Explore River Salmon 1, Mentirosa 1, Mentirosa 3, Punta Caldera, Punta Garrao, Huillines 2, and Huillines 3 sites.

Following an inquiry from Fish Farming Expert’s Chilean sister site, Salmonexpert.cl, the company responded that it categorically rejects “the application of disproportionate sanctions for an alleged delay - one day in some cases and two in others - in providing statistical information, which had no consequences or negative effect.” The sanction entails the 24-month suspension of operations at nine of its farms.

Cooke clarified that the weekly submission of the data required by the authority was fulfilled, as established by current regulations. It also expressed concern about what it considers unfair treatment.

Faced by viciousness

“If anyone had any doubts about the viciousness we must face against Cooke, this latest episode fully illustrates the persecutory spirit against our company. It is also unacceptable that environmental NGOs, opposed to salmon farming, have a pattern of making attacks in the media, distorting reality, to make companies appear to be violating environmental regulations, when our ongoing commitment is to always respect the natural environment.”

This follows the Save Patagonia campaign’s announcement on Friday that more administrative and judicial cases had come to light “that cast doubt on Cooke Aquaculture Chile’s environmental compliance in the locations where it operates”.

Additionally, Cooke questioned the proportionality of the announced sanction. “In what civilised country, which promotes the normal functioning of productive activities, is it conceivable that the State would order the closure of a company for a two-day delay in submitting a form? It is public knowledge that there are state agencies that delay issuing permits for more than 10 years, and no one has requested that they be closed for this reason. Without going any further, the State took more than 13 years to process the relocation of our concessions.”

Court of Appeals

Finally, Cooke stated that “this sanction is not final and has been challenged in court by the company - in the Coyhaique Court of Appeals - because it is disproportionate and expropriatory.”

The company maintained that the measure contradicts the deadlines established in the actually applicable regulations, which Cooke has always complied with.

The ban follows an inspection carried out by Sernapesca, which covered weeks 26 to 29 of 2023. This inspection revealed delays in mortality reports, which was considered a violation of current regulations. Specifically, there were “a total of 36 late declarations, taking into account a total of four mortality periods declared (late) by each of the nine (nine) farms”.

As an aggravating factor, at that time “there were already failures to meet the delivery date... at the cultivation centre called Erasmo 01”.

Timely reporting 'essential'

According to Sernapesca, providing timely information to farms is essential to “understand the details of mortality rates resulting from various adverse events or situations that may affect the health of the farm, which is fundamental for establishing timely oversight and control measures”.

It is also essential to implement “procedures aimed at preventing the spread of pathogens (biocontainment) and strengthening surveillance for the early detection of high-risk diseases if necessary, with the goal of safeguarding the country’s health and environmental heritage”.