Chile's Council for the Defense of the State (CDE) rejected an indemnity lawsuit by fishing firm Blumar against the state over the Fishing Fractionation Law. The agency dismissed claims of regulatory expropriation of Transferable Fishing Licenses (LTP) and challenged the company's $194 billion damages calculation. This marks the CDE's first court response to similar suits from other fishing companies.
The CDE filed its response in Santiago's 29th Civil Court, where Blumar—linked to the Yaconi-Santa Cruz and Sarquis families—seeks compensation for changes to fishing regulations.
Presided by Ana María Hübner, the agency stated that "Blumar has not been deprived of ownership of Transferable Fishing Licenses (LTP)." It argued the law does not guarantee biological resources but a percentage of variable quotas, with sector fractionation as a separate public policy under 2002's Law No. 19.849.
The new law extends fractionation to 2040 without changing license validity; Blumar must renew in 2032 meeting legal requirements. The CDE said Blumar aims to override legislative distribution between industrial and artisanal fishing to boost its market share.
On the claimed $194,431,490,570, the state body said it lacks legal and scientific certainty, ignoring factors like raw material origins, production costs, and investments. The 15% annual quota increase projection from OROP-PS's Annex K is a precautionary stabilizer, not assured growth, amid marine volatility.
