The lawyer Juan Ignacio Graziano, representative of the concessionaire Hielo y Aventura, filed a request for reconsideration with the Administration of the Los Glaciares National Park and the Southern Patagonia Regional Directorate. The objective is to challenge the granting of a precarious tourist permit to conduct trekking excursions on the north face of the Perito Moreno Glacier, a sector categorized as a Strict Nature Reserve.
Environmental Arguments
The request focuses on the environmental issue:
- The Strict Nature Reserve prohibits all human activity, except for scientific research and conservation.
- Graziano invoked principles of international treaties, the General Environmental Law, the Forest Law, and the Glacier Law.
- He pointed out the principle of non-regression in environmental matters, which prevents reducing already achieved protection standards.
- He recalled that the 2019-2029 Management Plan establishes clear zonings and that the northern zone is intangible even for the Park itself.
Additionally, he warned that the glacier has shown signs of retreat since 2021, making it riskier to add anthropic activity in a prohibited area.
Technical Challenges
The lawyer also questioned the technical procedure:
- The interested company submitted an environmental impact study (EIA).
- The Regional Directorate instead approved an environmental report (IMA), with less scientific rigor.
- Pre-approvals of carrying capacity may have been made without public participation.
In contrast, Graziano highlighted that Hielo y Aventura was always required to conduct more complex and cumulative environmental studies.
Claim of Inequality and Irregularities
The request also denounces an asymmetry in the granting of permits:
- Precarious permits violate public procurement regulations by avoiding tenders.
- The current concessions arose from tenders in 2013-2014, with specifications, guarantees, and infrastructure commitments.
- Precarious permits allow companies to withdraw without obligations, creating unequal playing rules.
Graziano insisted that it would be fair to call for a tender for any new tourist project in Park areas.
Possible Judicial Consequences
The request was submitted with hierarchy and in subsidy. If no favorable response is obtained, Graziano announced that he will resort to the Federal Justice through injunctions or precautionary measures to ensure the treatment of the environmental issue.
The case opens a new chapter in the debate on the regulation of tourist activities in protected areas and the balance between development and conservation in the Perito Moreno Glacier, declared a World Heritage Site by UNESCO. The discussion centers on the tension between tourist attraction and the need to preserve fragile ecosystems in the face of climate change.
