The companies that filed the legal action demanded a sum of money equivalent to the market value of the 175 tons of illegally caught toothfish , in addition to an amount to be established for the “affectation of the damaged environment.”
From the national control organizations, the Prodesur company was allowed to market what was illegally caught after paying a fine of 804,069,711 pesos . However, with the new resolution, the Judiciary takes a measure that will impact the fishing company of the controversial businessman based in Tierra del Fuego, Liu Zhijiang .
The ruling of Federal Court No. 11 , where the case for environmental damage is being processed through a collective process, explains that “the intentional and malicious illegal capture and appropriation for personal benefit of a 'protected' and 'interjurisdictional' renewable migratory natural resource as “It is the black hake, the heritage of the entire community.”
In this framework, in the text published by Revistapuerto.com.ar, it is indicated that the complaining firms were "victims of an illegal, illicit, quasi-criminal act" , adding that the illegal fishing actions "have been extremely serious as they were clearly aimed at contradicting the protection policy of the aforementioned resource, which enables the application of sanctions.”
The rival companies' lawsuit claimed that “the defendants be ordered to pay a sum of punitive damages as a result of the defendants' reckless, intentional and malicious conduct.” Likewise, they requested that the sanction be integrated into a future Environmental Compensation Fund, to provide the Prefecture, "with the technical and/or technological means to improve operations to control illegal fishing throughout the Argentine territorial sea, islands Malvinas and Georgias and South Sandwich.
The discovery of the illegal capture carried out by the Tai An ship began on March 31 , when the Argentine Naval Prefecture received an anonymous complaint by email. The communication mentioned environmental damage and a request for an investigation that led to a case initiated on April 4 before the Federal Prosecutor's Office.