The fishing company Landes has filed a lawsuit against the Chilean State seeking $70 million in damages, claiming that the new Fishing Fractionation Law violates its established rights, according to reports from latercera.com.
The lawsuit, currently before the 22nd Civil Court of Santiago, argues that the regulations approved last year by Gabriel Boric's administration undermine the company's legal certainty. Landes is closely linked to the Fosk and Bohorodzaner families.
In its filing, the company argues that the application of the new fractionation plan for the 2026–2040 period violates fundamental legal principles. “They contravene the principles of certainty, legal security, and the non-retroactivity of the law, as well as the prohibition of producing retroactive effects through administrative actions that cause harm to private parties,” the lawsuit details.
The company maintains that in 2013, it agreed to waive certain fishing authorizations in exchange for Class A Transferable Fishing Licenses, based on the promise that the fractionation plan would remain in effect until 2032. Landes claims that by altering these conditions, the Treasury is engaging in a 'hidden expropriation' of its assets.
Comparison to Agrarian Reform
In a sharp critique of the current government's redistributive policies, Landes compared the new law to the historical Agrarian Reform. The firm noted that the slogan “fishing for those who fish” is a direct parallel to the famous “land for those who work it” mantra.
The legal document also points out that even during the Agrarian Reform, the State recognized the necessity of a formal expropriation process and the right to compensation for those affected—a standard the fishing company claims is not being upheld in this instance.
The economic impact of the measure is quantifiable for the firm. Landes reports a drop in its extraction capacity from 56,000 tons to 43,000 tons of raw material, representing a loss in value of over $6 million.
This 13,000-ton reduction in catch directly impacts operations following the new law, which reduced industrial fishing quotas to increase those for artisanal fishermen. According to the lawsuit, the net transfer of resources from the industrial sector to artisanal fishermen is estimated at 150 billion pesos per year.
Landes' legal action is part of a broader wave of litigation from various fishing companies. In total, the cumulative claims for damages from these lawsuits have reached nearly $600 million, according to latercera.com.
