31 Mar New SECOS report analyzes 2024 legislation in coastal areas with a focus on the new Fisheries Act
The 4th version of the Legislative Report of the SECOS Millennium Institute highlights the fractioning of catch quotas, equality in management committees and the processing of the new fishing law, among others. The document also recorded the participation of key actors in the legislative process of the new fisheries law, where fishing unions, trade associations, interest groups and the government stand out, but the participation of academia is low.
A complete analysis of the last legislative year was carried out by the Observatory of Public Policy (OPP) of SECOS in a new Legislative Report, a publication that seeks to identify and analyze the work of Congress in each of the three socio-ecological systems of Artisanal Fisheries, Aquaculture and Coastal Development in the recently concluded 372nd legislature.
One of the highlights during this legislature was the first year of processing of the draft New General Fisheries Law (bulletin 16500-21), in which a total of 774 actors and institutions were invited and participated in the discussion in the Commission of Fisheries, Aquaculture and Maritime Interests.
During the year, 11 bills were also voted on in the areas of Gender and Social Development (3), Institutionalism and regulation (2); Sustainability (2), Management and handling of hydrobiological resources (2); Research and scientific development (2). Three of the bills voted on entered Congress during this legislature, while the remaining eight were introduced in previous legislatures.
The progress in the processing of the bill that seeks to establish a new division of catch quotas between the artisanal and industrial fishing sector and the progress in the processing of the bill that prohibits the entry and transit of motor vehicles on the beach sands, beach lands and coastal dunes of the entire national territory (bulletin 15666-12) were also analyzed.
In terms of gender equality, Law No. 21,709, which “Establishes gender equality rules for the appointment of representatives of the artisanal fishing sector in the management committees governed by the General Law on Fisheries and Aquaculture (LGPA)”, incorporates gender balance and indicates that neither gender may represent more than two thirds of the total number of members. It also modifies the composition of the Management Committees, which must now be composed of representatives of artisanal fishermen (from two to eight) and at least one of them must be a representative of related activities.
In turn, Law No. 21,698, which “Amends Law No. 21,027 on the Administration of Coves, to incorporate rules on gender perspective in their administration”, incorporates a new requirement in the Administration Plans to include a Plan to eradicate discrimination and gender violence, which must contain, at least, a protocol with a gender perspective that guarantees equity, non-discrimination, participation and promotion of equal rights and opportunities.
“This new report allows us to know and value the work of the national congress on issues relevant to Chile and the development of its coast and hydrobiological resources. Countries do not advance in the absence of good public policy and undoubtedly the contribution that academia can make to these processes is fundamental to their legitimacy and quality,” says Francisca Reyes, an academic at the UC Sustainable Development Institute and SECOS researcher.
Processing of the new Fisheries Law
In January 2024, the processing of the bill, initiated in a presidential message, which “Establishes a new General Fisheries Law and repeals the provisions indicated” (bulletin 16500-21), which is part of the commitments of President Boric’s government program, began.
During the monitoring period, a total of 774 actors and institutions were invited and were present in the discussion, of which 423 only attended (did not intervene orally), while the remaining 351 participated (intervened orally). Of the latter group, the presence and participation of artisanal and industrial fishermen’s unions (141) and trade associations (60) was noted. This shows that they are the actors who participated the most in the discussion.
“It is important to highlight the great interest and citizen participation in this bill, undoubtedly reflecting its political and social relevance. However, it is worrying that the almost marginal participation of knowledge producers, both individual (researchers, academics or academic experts) and institutional (scientific associations) transforms the parliamentary discussion into a struggle of particular interests, which, although very legitimate, must be contrasted with evidence and research knowledge”, concludes Reyes.