Client Requirement: The governmental agency in charge of granting aquaculture concessions (“Produce”) initiated an Administrative Sanctioning Procedure (“PAS”) against our client alleging that it was performing aquaculture activities without the corresponding concession. Client required our assistance in the PAS.
Our participation: Within the PAS we provided further information to Produce in order for them to get the complete picture. For example, we clarified that our client did not start making aquaculture within the area under review from scratch. Our client had a concession duly granted very close to the area under review, but it had to move its operation to a new area because of well supported technical reasons (oxygen and rise of temperature). Also, we demonstrated that a petition to move the operations to the new area was filed well in advance, but it was Produce itself who was taken more time than expected and that the client could not wait for so long because it will only cause damage to fishes and, ultimately, damage to the environment.
This way, we not only limited our advice to simple legal grounds but to a comprehensive evaluation of the circumstances faced by the client (including technical support). This broadly manner of focusing the defence has open the door to a better and fair review from Produce.
Client benefit: Our client was represented in the administrative sanctioning process with a strong defence using not only a typical legal defence but also a detailed one that was clearly explain to the authorities so they can have a clear picture of the case and how our client is always willing to improve its techniques to protect the environment.
