Environmental Engineering Reference
In-Depth Information
5. Aquaculture governance
During the 1980s, the incipient salmon aquaculture was ruled by a supreme decree for the
practice of fishing, which was clearly inadequate for the forthcoming rapid growth of the
sector. However; since 1991, the regulation towards any aquaculture activity in Chile has
been regulated by the General Law of Fisheries and Aquaculture (Ley General de Pesca y
Acuicultura, LGPA, Law No.18.892). This law also regulates fisheries and conservation of
living resources, industrial and small-scale capture, scientific and recreational fisheries. In
addition, some articles regard commercialization, processing, storage and transportation of
fishery products. The main administrative authority responsible for aquaculture and
fisheries is the Ministry of Economy, Development and Reconstruction. Within this
ministry, the Subpesca provides all the information and technical support required to allow
the Minister to take actions and measures towards aquaculture and fishery activities. In
addition, functional matters, including enforcement, are carried out by Sernapesca.
Moreover, the Undersecretary of Marine Affairs, the Environmental Commission
(CONAMA), the Directorate of Boundaries and State Limits, CORFO, the Land Registry and
the Directorate General for Water intervene in some of the procedures for the granting of
concessions and other authorizations within aquaculture.
5.1 Aquaculture regulatory framework (1991-2010)
The enactment of the LGPA aimed to organize the responsibilities of authorities and
delegates to dictate the regulations pertaining to the sustainable operation of aquaculture.
The law provided Subpesca an improved organization in order to expedite its surveillance
and faculties. During the 1990s, there were several Supreme Decrees (S.D.) implemented
that were relevant for aquaculture such as the S.D. No.475 and S.D. No.499, clarifying
national policy for the use of Chile's littoral coastline and national register of aquaculture in
1994, and the regulation on information of fishery and aquaculture activities by S.D. No.464
in 1995. In addition, in 1993, the S.D. No.550 and No.290 stated regulations towards siteĀ“s
size, authorization, concessions and inscription in aquaculture activities such as portion of
water used according to the area, kind of system and type of organism. Furthermore, the
general basis for environmental regulation (Law No.19,300) established the national
environmental commission, CONAMA, and introduced the obligatory environmental
impact evaluation for any productive activity, including aquaculture. CONAMA and later
the regional (COREMA) are responsible for the environmental management and
supervision. Regular environmental controls and level for contaminants and emissions, but
also quality of water, air and soil are established, as well preventive management,
environmental programs and decontamination. This law also establishes punishment for
environmental damage. Implementation of the system for evaluation of environmental
impact SEIA, S.D. No.30 in 1997 and S.D. No.95. in 2001, that obliges to provide a study of
environmental impact or environmental impact assessment to any investment project, which
could cause impacts according to the Law. Therefore, the LGPA has been actively amended
since intensive and extensive aquaculture begun in Chile.
5.2 Environmental and sanitary regulations
The environmental regulation for aquaculture RAMA, S.D. No.320 in 2001, states the
environmental requirements for approval of aquaculture activities. It demands that net
changing, washing and antifouling treatment must be conducted in inland sites, using water
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