Chilean police officers on March 25 fired tear gas and water cannons at people protesting proposed legislation to reorganize fishing quotas in the country, Reuters reported. The bill would increase large fishing companies’ allotted share of quotas for fish including hake and cuttlefish. Why are small-scale fishers in Chile concerned about this legislation, and how likely is it to be enacted? How would the legislation affect Chile’s fishing industry? What key factors—domestic or international—are behind the ongoing dispute between large and small fishing operations in Chile?
Anna Kowalczyk, director of the political science program at the Universidad Central de Chile in Santiago: “The protests organized by artisanal fishermen call for faster approval of new fishing legislation that would revise the current allocation of fishing quotas in their favor. Although the legislation was approved by the Chamber of Deputies in December, the fishermen fear it may be altered or stalled in the Senate. While the global fishing quota, which determines the allowable tonnage of specific fish species that can be extracted within a given timeframe, is set annually by the fishing authority, the division between industrial and artisan sectors is established by law. The current framework, dating back to 2013, heavily favors the industrial sector. Moreover, it suffers from a lack of legitimacy. It was shaped amid accusations of undue influence by large fishing companies during the legislative process and led to corruption scandals with lengthy prison sentences for several legislators. These concerns helped build strong support for the new allocation law in the lower chamber, which passed it in December. However, there are fears it may stall in the Senate due to opposition from the industrial sector, which claims it is unconstitutional. The proposed law introduces a quota allocation that varies by coastal region. For instance, in northern Chile, permits to access Chilean jack mackerel—whose global quota has quadrupled since the current law was enacted—are currently divided 95 percent for the industrial sector and 5 percent for the artisanal sector. The new law would shift this to 80 percent and 20 percent, respectively. Maintaining the current quota allocation is increasingly difficult to justify from a democratic standpoint.”
Daniela Jara, director of the School of Sociology at the Universidad de Valparaíso: “In recent weeks, the debate over the fragmented nature of the New Fishing Law has sparked intense protests in coastal cities, especially in Valparaíso—the seat of the National Congress—and San Antonio. The new law seeks to more equitably redistribute catch quotas between the artisanal and industrial fishing sectors. Fishing activity is currently controlled by large economic groups. This inequity has fueled public distrust, exacerbated by the 2013 ‘Corpesca’ case, which resulted in the conviction of legislators for bribery in the allocation of fishing quotas that significantly benefited the industry at the time. The legislative bill under consideration was one of the promises of President Boric’s administration and seeks, among other things, to increase the participation of the artisanal sector in annual quotas for key fisheries, according to geographic areas. In October 2024, the bill obtained majority support in the Chamber of Deputies, across the political spectrum. In addition, a dynamic quota system was approved that would annually adjust allocations based on catches and geographic area. Despite these advances, the future of the Fractionation Law is uncertain. Tensions between the artisanal and industrial sectors could delay its processing or lead to its rejection. Large fishing companies, both Chilean and foreign, have warned that if the bill is approved, they will initiate legal action, including in international courts, alleging violation of rights acquired until 2032 under the old law and, therefore, the unconstitutionality of the bill, which could prove costly for the State. Another key challenge is the definition of fishing activities. The law classifies artisanal fishing as those with vessels under 18 meters, but this ambiguous definition has generated confusion about who will actually benefit from the law, an issue that has also been part of the debate. The bill is currently pending in the Senate’s Finance Committee, where, despite support in the Chamber of Deputies, the discussion is controversial and pressure from the industry is evident. The parliamentary decisions will significantly impact the economy of many families and the sustainability of Chile’s fisheries.”
Patricio Navia, clinical professor of liberal studies at New York University and professor of political science at Universidad Diego Portales in Chile: “Fishing quotas have been an ongoing complex political issue in Chile for years. In 2021, a former right-wing senator was found guilty of corruption for writing legislation according to the instructions received by a high executive of a large fishing company. Left-wing activists and legislators have long argued that the fishing law favors large producers to the detriment of local fishermen. This is not the first election cycle where local fishermen have protested to put pressure on legislators to protect their livelihoods. Experts disagree on what is the best way to adequately balance the fishing industry with environmental concerns and with the economic activities of local fishing communities. The levels of violence in some of these protests are reminiscent of the 2019 social unrest. The precedent established in the 2019 protests is that violent political expression gets things done. In 2019, the violence of the protests forced the right-wing administration of Sebastian Piñera (2018-2022) to reverse on his campaign promise of opposing a constitution writing process. Although the constitution writing process failed, the fact that violent protests forced the hand of the government is not forgotten among social movements that want to advance their own causes.”
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