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Golden kingklip. (Photo Credit: Subpesca)
Court confirms Pesca Chile’s fine for illegal kingklip catch
(CHILE, 7/9/2015)
The Court of Appeals of Coyhaique rejected an appeal submitted by Pesca Chile SA and ratified a fine of 3,515 UTM equivalent to more than CLP 154 million (USD 236,150), which it will have to be paid by the company for exceeding its golden kingklip quota.
The Court rejected a claim of illegality ordered by the company and condemned it for exceeding 33.39 tonnes of the quota that had been allocated in 2013 for the golden kingklip (Genypterus blacodes) fishing.
The company had appealed to the Constitutional Court in an attempt to make the implementation of Article 40 B of the General Fisheries and Aquaculture Act appear as unconstitutional. This article states that the holder of Tradable Fishing Licenses exceeding the tonnage authorized to be caught for a calendar year is punishable.
According to the Court, in October 2013 Pesca Chile had a catch balance of 54,685 tonnes of golden kingklip and a month later it landed 88,0754 tonnes.
Although the fishing firm had a "lease" to make use of the catch quota from another company, it ruled between 20 and 31 December, 2013, nearly a month after the questioned fishing activity had finished.
The ruling was reached unanimously by the ministers, who decided to reject the claim of illegality raised by Pesca Chile, Agencia Uno reported.
This came under the first administrative procedure followed by the regional director of the National Fisheries and Aquaculture Service (SERNAPESCA) of the Aysen region, Cristian Hudson.
Pesca Chile is still within the period to appeal this decision to the Supreme Court. However, SERNAPESCA recalled that the high court has already ruled on a similar case earlier in the Magallanes Region, which ratified its powers.
Hudson stressed that the decision of the Court "is the result of closely integrated work among regional fisheries units, legal entities and their counterparts in the national directorate of SERNAPESCA".
Related article:
- Ager acquires PescaChile assets, sets trade agreement with Europacífico
By Analia Murias
editorial@seafood.media
www.seafood.media
Information of the company:
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Address:
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Paseo Presidente Errázuriz Echaurren 2631
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City:
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Santiago
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State/ZIP:
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( )
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Country:
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Chile
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Phone:
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+56 2 465 5700
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Fax:
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+56 2 465 5712
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E-Mail:
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pescachile@pescachile.cl
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