Chile Summary

Chile Resources

Laws and Regulations

The Organic Law of the Directorate General of Marine Territory and Merchant Navy (Decreed with Force of Law Number 292, 7/25/53)

General Law of Fishing and Aquaculture (Supreme Decree Number 430, 9/28/91)

Decree with Force of Law of Marine Concession (Supreme Decree Number 2, 1/3/05)

Law of National Monuments (Number 17.288, 1970)

An initial assessment of options for private conservation of the oceans and coasts in Chile was completed for this toolkit by The Nature Conservancy in 2007. While additional information is available and relevant field projects may be underway, the majority of the information within this summary comes from the 2007 assessment. Future iterations of the toolkit will include supplementary information from the field.

Overview
Managing Authorities
Marine Pollution
Marine Fauna and Aquaculture
Coastal Parks, Marine Reserves, and National Monuments
Options for Private Conservation
Examples of Nonprofit Marine Conservation
Concessions in the Marine Environment
Transfer Requirements
Documentation
Transfer Process

Overview        Return to top

Chile is a long, narrow 4,200-kilometer strip of land located between the Pacific Ocean and the Andes Mountains. Island territories within the Pacific Ocean, such as the Juan Fernández Archipelago and the islands of Sala, Gómez and Pascua (located in Polynesia), totaling an area of 756,950 km2 are included within Chile’s boundaries. The Chilean seaward jurisdiction is made up of the territorial sea, the exclusive economic zone, and the actual (open) sea.

The territorial sea extends along the entire coast of the country, including the continental and island coasts. The territorial sea is 12 miles wide and begins on the landward side at the low tide line. Chile possesses absolute sovereignty in the territorial sea equal to terrestrial areas within the country.

The exclusive economic zone (EEZ) is a strip of sea extending 200 miles seaward from the low tide line of the coast. Within the EEZ, Chile has the exclusive right to exploit the living and mineral resources, but it does not have sovereignty as in the territorial sea. Along with the rights to the resources, the country has the duty to protect the marine species. Chile, with Peru and Ecuador, were the first countries in the world to define this exclusive economic zone. In 1952, these three countries signed the Declaration of Santiago, where they recognized the rights to fishing in a strip within 200 miles from the coast of their respective territories. At the same time they made agreements about the exploitation and conservation of the marine resources and coordinated among the countries to undertake marine research. Later, in the Convention of the Sea in 1982, organized by the Organization of United Nations to establish rules for the exploitation of marine resources, the EEZ was recognized internationally for all countries. The EEZ places Chile among the countries with the greatest marine area, equaling 2.4 million km2.

The actual (open) sea is an enormous triangular area that lies between the island of Pascua, the South Pole, and the north of the country. This area is of special interest to Chile for the scientific and economic activities that can be developed to benefit the population and the security of the country. It is thus proposed that activities that contribute to this development be carried out in conjunction with other nations.

Relevant terms related to Chilean jurisdiction over the seas include:

• Bottom of the Sea, River, or Lake: An extension of the land that begins at the divide between the lowest tide line and the waters in the sea, and from the minimum water line during normal flows within the rivers and lakes.
• Inner Waters: Those waters situated within the base line of the territorial sea.
• Intertidal: The coastal strip at the water-land interface which is subjected to the effects of the tides. It is the zone that extends from the lines of highest tide to the line of the lowest tide.
• Jurisdictional Waters:  Waters for which a state ribereño directs certain provinces for specific goals.
• Territorial Waters:  A strip of marine water that surrounds the coast of the state ribereño and that receives the name of Territorial Sea.

Managing Authorities        Return to top

The Marine Subsecretary (within the Ministry of National Defense) controls, budgets, and supervises the management of the national coast, the territorial sea, and the navigable rivers and lakes for ships greater than 100 tons of bulk registry. The Marine Subsecretary also oversees areas, such as beaches, rocks, and water bottoms of the sea, both within and away from bays, conceded to private entities (by decree of the Ministry) for specific uses. The General Directorate of the Marine Territory and Merchant Navy (DIRECTEMAR) is the agency that specifically manages the marine resources.

DIRECTEMAR’s jurisdictional limits extend a distance of twelve miles (four marine leagues) measured from the line of low tide, including areas between its coasts, the beaches, the roquerios up to the high tide, the lakes under public dominion, and the navigable rivers up to where they are affected by the tides, the dikes, varaderos, the unloading areas, the docks, the wharves, espigones de atraque, and in general, all construction that is confined to the marine, effluvial and lacustrine waters. In the enclosed harbors of manmade ports, the Directorate has jurisdiction only for the maintenance of order, security, and discipline.

In general, the national jurisdiction of the State of Chile extends 80 meters inland from the line of the beach or line of historical highest tide.

Marine Pollution        Return to top

DIRECTEMAR implements a pollution control system by developing regional contingency plans, coordinating cooperation among institutions and public services, and organizing, directing, and coordinating the activities and operations of regional jurisdictions. DIRECTEMAR also reports pollution control-related incidences to the National Center.

Marine pollution includes the introduction by man, of any substance or energy in the middle waters (i.e., the territorial sea, including estuaries) when it produces or can produce detrimental effects like damaging living resources and marine life, endangering human health, blocking marine activities like fishing and other legitimate uses of the sea, or deteriorating the quality of water of the sea for its use and reducing the places of relaxation.

Marine Fauna and Aquaculture        Return to top

The National Fishing Service’s (SERNAPESCA’s) Aquaculture Unit manages marine fauna and aquaculture activities under the General Law of Fishing and Aquaculture. SERNAPESCA implements the rules that govern these activities, both in marine waters and lands, to monitor, analyze, and technically inform the development and promotion of aquaculture activities.

Aquaculture includes activities that have as their goal the production of aquatic resources managed by man. This includes the cultivation of aquatic organisms such as fish, mollusks, crustaceans, and aquatic plants. SERNAPESCA is in charge of reviewing and authorizing applications for aquaculture activities. Aquaculture authorizations are the administrative acts through which the Marine Subsecretary allows people to carry out aquaculture activities for an indefinite time, in areas that correspond to the scope of province of the General Directorate of Waters.

SERNAPESCA also analyzes and informs technical projects related to aquaculture concessions and authorizations approved by the Subsecretary of Fishing. Similarly, the Aquaculture Unit analyzes and reports on the effects of aquaculture. Finally, it develops environmental projects, like the application of Environmental Rulings for Aquaculture (RAMA).

Coastal Parks, Marine Reserves, and National Monuments        Return to top

The General Law of Fishing contains the rules for the creation of parks and marine reserves that are under the protection and administration of SERNAPESCA. These marine parks are designed to preserve ecological units of interest to science and to set aside areas that ensure the maintenance and diversity of aquatic species.

The Law of National Monuments contains rules for the creation of Nature Sanctuaries that can include marine territories that offer possibilities for geological, paleontological, zoological, botanical, or ecological studies or investigations, or that possess natural formations which are of interest to science or for the State to conserve. Sites that are declared Sanctuaries fall under the authority of the Cabinet of National Monuments and can be administrated through previous private authorizations. The Marine Subsecretary administers marine sanctuaries.

Coastal parks are the responsibility of the National Forest Association which administers more than 20 parks, reserves, and natural monuments located in coastal zones throughout Chile and its island territories like Pascua and Juan Fernandez islands. Parks are established by Decree.

Marine and Coastal Protected Areas (AMCP) can include the water column, rocks, beaches, associated flora and fauna, and historical and cultural resources that are designated as a reserve to protect all or part of the environment. AMCPs are a management tool used for the protection, administration, maintenance and restoration of the natural and cultural resources of marine and coastal waters. Thus AMCPs can be used nationwide to conserve biodiversity, protect endangered marine species, reduce conflicting uses, generate requests for science and education, and develop commercial and recreational activities. At the same time, the other objective of these areas is conserving the historical and cultural marine and coastal wealth of the local communities through the sustainable development of tourism, fishing, and recreation.
AMCPs are created by Decrees of the Ministry of Defense, Marine Subsecretary, and can be administrated by private groups in conjunction with the authorities, or by private groups on their own. To become accredited by the administration for administrating an AMCP, interested private groups must present a project and financing to the National Commission on the Environment (CONAMA). CONAMA analyzes the presentation and suggests the creation of AMCP to the Ministry of Defense. The Marine Subsecretary then decrees the creation of the AMCP.

Options for Private Conservation        Return to top

For the purposes of this assessment, conservation means the rational, efficient, and effective present and future use of the natural resources and environment. The General Law of Fishing and Aquaculture, Article 67, establishes a concession and authorization system for aquaculture and other productive activities on beaches, water bottoms, and rocks, which may be applicable to conservation activities.

Private entities can gain access to undertake diverse activities in marine territories and coasts through marine concessions and aquaculture concessions, in addition to the possibility of administrating Protected Marine and Coastal Areas, declared as such by a Decree from the Marine Subsecretary. SERNAPESCA authorizes (through concessions) private entities with legal status to create and administer a marine zone and coast designated for conservation and restoration of the resources. The authorities can also establish, through agreements or accords, collaborations with private entities to set aside certain coastal areas for conservation projects.

Marine Coastal Protected Areas (AMCP) constitute a national initiative that is implemented through the project Conservation of the Biodiversity of Global Importance along the length of the Chilean Coast and is backed by the Government of Chile and the Fund for the Global Environment (FMAM) and is coordinated by the National Commission of the Environment (CONAMA). An AMCP is a geographically defined zone with the defined goals of conservation, natural preservation, and protection of the environment with the development of sustainable activities. The implementation of these areas permits the public to sustainably use the natural resources for ecotourism, to improve the quality of life of the community and conserving the ecosystem for future generations. This allows the protection, through a model of participatory management, of the marine and coastal biodiversity of high importance.

Private entities administer AMCPs through concessions authorized by the Ministry of Defense, Marine Subsecretary. The process begins with the preparation of a conservation project that must be presented to CONAMA who evaluates it in conjunction with the project’s presenter where it can be modified and improved, and then must be presented to the Marine Subsecretary who grants the concession.

Examples of Nonprofit Marine Conservation        Return to top

Several examples exist in Chile of marine conservation and restoration activities being completed by non-profit entities. One project is being undertaken by the Catholic University of Chile in the zone of Las Cruces, where the biological sciences faculty has developed the Coastal Station of Marine Investigations (ECIM). ECIM is a facility for science and education, which has created and maintained a coastal marine reserve, one of the oldest and best studied in the world. This reserve was recently declared a Protected Marine Coastal Area. The ECIM works with aquariums, laboratories, and facilities that award postgraduate degrees in biology, ecology, and oceanography.

Another example of a nonprofit organization administering a coastal zone with the goal of conservation is the San Ignazio de Huinay Foundation, in the Xa region. San Ignazio de Huinay Foundation has undertaken research and conservation activities through the creation of a Protected Marine Coastal Area. This foundation was created by the Catholic University of Chile and the Endesa Chile S.A . Company.

Concessions in the Marine Environment        Return to top

There are several hundred concessions for productive purposes in the marine environment, for activities such as extraction of resources, tourism, and commerce. Concessions can generally be transferred from one holder to another. This transfer consists of an administrative act through which the State authorizes the transfer, total or partial, of the rights of the holder of a title of a marine concession to a third party. The third party must be designated as natural or legal Chilean or foreign person, with definitive residence in the country, who desires to obtain marine concessions already awarded to another concession holder.

Transfer Requirements        Return to top

The transfer of a concession is done by the Ministry of National Defense, Marine Subsecretary, who by an administrative act declares the transfer of a concession from one person to another.

To transfer a concession from one party to another:

• The marine concession title must be valid.
• All tasks in the project for which the concession was granted must have been completed.
• Payment of rents and/or respective taxes must be up to date.
• The transfer application is presented in the twelve or more months prior to the date of transfer of the concession.
• The presentation is jointly done between the title holder and the interested party and presents the legal qualifications of the interested party; a legal representative of the interested party must be present.

Documentation        Return to top

Both parties to the transfer must present the required documents, including:

• Application of authorization of transfer, signed by both parties.
• Proof of rent payment.
• Notarized contract of the suitable clauses between the parties.
• Technical report of the DGTM and the Directorate of Marine Interests.
• Legal history and standing of the organization.

Transfer Process        Return to top

The process of transferring a concession consists of:

• A revision of the application through a presentation with the concession holder and the party interested in acquiring the concession, modified as per Article 26 of the Regulation of Concessions. In addition, the contract must contain all the agreed-upon clauses between the parties to bring to completion said contract.
• A revision to the technical document of the Maritime Concession of the Directorate of Maritime and Aquatic Environment Interests which identifies: the applicant; location; jurisdictional marine authority; nature of the concession; favorable or unfavorable opinion concerning the status of the existing concession.
• The file must contain the documentation necessary to carry out the proceeding, such as: proof of rent and/or tax payments of the most recent semester; RUT of the parties involved in the transfer; history; and certificate of public use.
• The office to which the interested party was directed contacts the interested party, conveying the observations found in the application and or history, authorizing at the same time.
• Possibly, the directed office informs public services such as Directorate of Borders and Limits, Regional Ministerial Secretaries, Ministries of Public Works, Ministry of Housing, etc. when the situation merits.
• The required documentation is received and validated.
• The Supreme Decree is drawn up.
• At the end of the study and amendments, the transfer is signed and sent to the Ministry of National Goods for its registry, and later, to the General Controller of the Republic for the transfer to take effect.