Original article: Corpach presenta querella criminal contra empresa Blumar por derrame de hidrocarburos tras colisión que costó la vida a pescadores artesanales de la lancha Bruma

Corpach Files Criminal Complaint Against Blumar for Oil Spill Following Collision That Claimed Lives of Artisan Fishermen

The Corporation for the Promotion and Development of Shoreline Fishermen and Craftsmen of Chile (Corpach) has filed a criminal complaint with the Guarantee Court of Coronel against the fishing company Blumar S.A., its board, and the captain and crew of the vessel PAM Cobra. This action stems from violations of Article 136 of the General Fishing and Aquaculture Law (No. 18,892) concerning the introduction of pollutants into water bodies.

As publicly reported, the incident occurred in the early hours of March 30, 2025, around 3:08 AM, northeast of Santa María Island. The Cobra, a deep-sea fishing vessel measuring 64.7 meters in length, with 3,600 HP and 1,315 gross tonnage, collided head-on with the artisanal boat Bruma, which was 14.7 meters long and carrying seven artisans who tragically lost their lives due to the crash.

“Following this human tragedy, the collision caused by Blumar S.A.’s vessel triggered a significant environmental emergency. The Bruma was transporting at least 5,000 liters of diesel fuel for its fishing operations at the time of the impact. The sinking of the boat by the Cobra resulted in the complete spill of that hydrocarbon into the waters of the Gulf of Arauco, part of the maritime territory of the Biobío Region,” stated representatives from Corpach.

The complaint asserts that the sole entity responsible for the spill is the Cobra, as it directly caused the destruction of the artisanal vessel and the subsequent discharge.

“This incident constitutes the pollution of waters stipulated in the General Fishing and Aquaculture Law, aggravated by the Economic and Environmental Crimes Law No. 21.595, which holds legal entities criminally liable,” the Corporation clarified.

Corporate Responsibility Under Scrutiny

The legal action specifically targets Blumar S.A. as the owner of the Cobra, its board, and those operationally responsible for the vessel.

“It is based on Law No. 20.393, which establishes criminal responsibility for legal entities, in a case that has been deemed ‘unprecedented in Chile’: Blumar S.A. has already been charged by the Coronel Prosecutor’s Office not only for involuntary manslaughter but also in its capacity as a company,” noted Corpach representatives.

The penalties sought include lower prison terms ranging from medium to maximum levels and fines between 100 to 10,000 Monthly Tax Units (UTM), alongside costs.

Additionally, the Port Captaincy of Coronel has initiated an administrative summary investigation and forwarded the findings to the Superintendency of the Environment and the local Prosecutor’s Office.

“What that ship did was end seven lives in an instant and also contaminate the sea. That fuel that spilled that night is now at the bottom of the Gulf, poisoning the resources that sustain us, our families, and the families of those who are no longer here. Blumar must take responsibility because that vessel belonged to them, and we are the ones paying the price for their negligence,” stated Hernán Cortés Bernal, an artisan fisherman and witness to the incident.

Meanwhile, Ronnie Pérez Muñoz, a lawyer and representative of Corpach, emphasized that this complaint represents a “historic milestone in Chile. For the first time, a large fishing company is facing criminal charges not only for the actions of its workers but also as a legal entity.”

“Blumar S.A. owns the ship that sank the Bruma, which killed seven Chileans and contaminated our waters with thousands of liters of diesel. Environmental criminal law exists specifically to ensure that incidents of this magnitude do not go unpunished, and we will pursue the maximum penalties allowed under the law,” reiterated the attorney.

Impact on the Fishing Community of the Gulf of Arauco

The complaint asserts that the damage to all artisan fishermen, shellfish divers, and beach collectors in the Gulf of Arauco—who are members or associated with Corpach—is incalculable. “As long as the affected coastline remains unremediated, the recovery of the livelihoods of hundreds of coastal families will remain uncertain,” the legal submission notes.

It was also highlighted that “artisan fishermen, beach collectors, and shellfish divers extract pelagic and benthic resources across the region, in accordance with current regulations and under the oversight of Sernapesca and the maritime authority,” thus the oil spill “poses a direct threat to these ecosystems and the productive chain dependent on them.”

Requested Actions in the Complaint

Among the actions requested from the court, Corpach sought an order for an investigation by the PDI’s Environmental Crimes Brigade; the citation of Hernán Mauricio Cortés Bernal as a witness; the urgent submission of the Administrative Summary Investigation (ISA) conducted by the Navy of Chile, and the testimony of the board and general management of BLUMAR S.A.

We will continue to provide updates. Read more about this topic:

Bruma Case: National Arrest Order and Biweekly Reporting for Indicted in Artisan Fishermen Manslaughter

Deputy Roberto Celedón on Formalization of Bruma Case: «There Has at Least Been Cover-Up by the Company»

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