Manager of a laboratory that analyzes fish pathologies is sentenced for hindering inspections

The 2nd Civil Court of Puerto Montt ruled in favor of Sernapesca regarding obstruction of the supervisory work in a laboratory that analyzes fish pathologies in the city of Puerto Montt.

The facts date back to 2018, when staff from the National Service of Fisheries and Aquaculture (Sernapesca) went to the laboratory of the Center for Applied Biological Research (CIBA), to carry out an inspection on the analysis and monitoring of aquaculture cases from reports issued by their laboratory, within the framework of their authorization as a fish pathology laboratory, however, access to the inspection from the beginning it was difficult for them.

It should be noted that all laboratories are required to report positive results of the analyses carried out through the Aquaculture Inspection Information System (SIFA), where, in this case of the CIBA Laboratory, as of the date no results had been reported, which raised an alert to conduct an on-site inspection of the laboratory.

The inspection was initially obstructed by referring to the absence of the laboratory supervisor, which does not constitute any justification for preventing the actions of the Service. Once the inspection was started, while tracking the traceability of cases by reviewing entry records, result readings, report closures and their respective reporting to the Service of positive cases, the work was again obstructed, since initially they had blocked access to the required information.

After several unsuccessful attempts to carry out the inspection, the intervention of Carabineros personnel was requested, and the lawyer for the person in charge of the laboratory was contacted, allowing the inspection of the site and the document review to be completed.

Cristian Hudson, regional director of Sernapesca referred to what happened at the institution: "Obstructing the supervisory work that is based on the General Fisheries and Aquaculture Law article 122 a, is a serious breach and something that as a supervisory service we cannot allow. We value the ruling issued by the 2nd Civil Court of Puerto Montt, which ruled in our favor, supporting the importance of our work which has as its aim ensure that the aquaculture activity, in this case, is carried out in a responsible manner and in full compliance with the law.

The laboratory manager was sentenced to pay a fine of 30 Monthly Tax Units, as an offender of articles 122 and 121 bis of the General Fisheries and Aquaculture Law, sanctioned under the same article.