A criminal complaint for environmental crime shakes the Chilean fishing sector and rekindles the debate on the industry’s impact on marine ecosystems. The incident involves the Antarctic Endeavour vessel, owned by Pesca Chile S.A., which allegedly caused the accidental death of a humpback whale during a krill fishing operation near the South Orkney Islands, in the Southern Ocean.
The tragic event occurred on March 25th, when a crew member noticed the whale’s interaction with the nets. Hours later, when retrieving the catch, they found the animal lifeless. The whale, approximately 10 meters long, showed signs of bleeding and krill residue, indicating it was feeding at the time of the incident.
The national director of the National Fisheries and Aquaculture Service (Sernapesca), Maria Tapia Almonacid, filed a formal complaint with the Punta Arenas Guarantee Court, invoking current legislation that prohibits the hunting or killing of cetaceans in any context.
Whales. (Photo: WCS).[/caption>
Judicial Investigation and Corporate Criminal Liability
The complaint targets both Pesca Chile company and the ship’s captain, Stanley Dennett Morales, and other potential individuals responsible. It is based on article 135 bis of the General Law on Fisheries and Aquaculture, which includes penalties of up to 10 years in prison, as well as economic and administrative sanctions.
The complaint also refers to Law 20,393, which establishes criminal liability for legal entities for environmental crimes, which could entail severe legal consequences for the company.
This Monday, Judge Ricardo Herrera referred the case to the Public Prosecutor’s Office, requesting that the investigation be carried out by the Environmental Crimes Investigative Brigade (Bidema) of the PDI. According to the complaint, the vessel continued operating without activating emergency protocols, and although the whale’s body was returned to the sea, photographic records and testimonies allowed progress in the case.
Chile Leads Whale Deaths from Collisions
This case is not isolated. According to Centro Ideal, between 1972 and 2023, 226 whale deaths on Chilean coasts were documented. Over the last 12 years, the country leads the global ranking of mortality due to ship collisions, with an average of five cases per year.
Of the recorded deaths, 28% are due to collisions with vessels, 7% to entanglement in nets, and only 3% to natural causes. The remaining 62% still lacks a precise explanation, evidencing shortcomings in environmental oversight and monitoring mechanisms.
Urgent Call to Strengthen Marine Protection
This new episode exposes the vulnerability of marine fauna to industrial fishing, especially in ecologically sensitive areas like Antarctica. The humpback whale, an internationally protected species, faces increasing threats from the advance of fleets in its natural habitats.
In response, environmental organizations and scientists demand urgent measures, including deterrent devices in nets, exclusion zones for fishing vessels, and mandatory satellite monitoring. They also call for exemplary sanctions for those who fail to comply with incidental capture protocols, as part of a truly sustainable fishing.
humpback whales[/caption>
Does Chile have a whale protection program?
Chile is part of the 2030 Agenda for Sustainable Development by the UN, which is an action plan with one of its many goals being to preserve marine life. In this regard, the neighboring country is part of The Blue Boat Initiative, which has two main objectives.
One is to contribute to the care of large cetaceans, avoiding risks of collision with vessels by installing and connecting the first early warning buoy system in South America.
The other objective is to raise awareness among communities about the key role and the services this species provides to the environment. Especially, its significant contribution to reducing atmospheric CO2.
Source: La Opinión Austral.
