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Illegal Fishermen 4, Enforcement 0

(Click here to read full article)

Illegal fishing is a problem pretty much everywhere that regulations meet fish. As I noted in September, the United States government puts the global cost of illegal, unreported and unregulated fishing at up to $23 billion in lost income for legal fishermen and coastal communities. And that’s before the larger environmental costs are considered.

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In the Latin American instance, Pretoma, a small nongovernmental organization based in Costa Rica, said that the Costa Rican authorities had dropped cases against two shrimp boats that had been caught trawling illegally inside the Caletas-Ario National Wildlife Refuge in 2009.

Although both incidents were documented with photographs, video, GPS positioning evidence and testimony from three witnesses, Pretoma said, the Costa Rican Fisheries Office dismissed the cases. Officials cited “reasonable doubts regarding the calibration and preciseness of the instruments” used to support claims they were operating illegally within the refuge.

Randall Arauz, Pretoma’s founder, said that shrimp trawlers’ regularly violate Costa Rican regulations “because the authorities fail to enforce the law.”

Costa Rica’s president, Laura Chinchilla, has appointed a commission to examine the fisheries authority’s decisions, raising the prospect that policies could be tightened.

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(*Press release translated from official Presidential House´s website: Presidenta juramenta comisión para mejorar la buena gobernanza marina)

San José, December 20, 2011

This morning at the close of the Government Council session, Costa Rican President Laura Chinchilla swore in a commission whose objective will be to diagnose, evaluate, and recommend precise changes for the country’s marine governance

President Chinchilla formed the commission taking into consideration how the oceans generate distinct goods and services for the country through a large variety of activities including: commercial and sport fishing, aquaculture, navigation, trade routs, landing of products at ports of call, tourism, marinas, whale watching, research, and marine biodiversity conservation.

In addition, Costa Rica’s marine territory is 10 times larger than its land area and its resources are large contributors to the national economy, making its management essential

According to the President, the county must redefine its vision and outlook in relation to its use of marine resources with the intent of protecting them and devising ways of sustainable use for the benefit of future generation

President Chinchilla also confirmed the need to designate a commission with the power to assess and analyze the country’s marine unconstitutionality in a way that strengthens institutions responsible for its management and control in order to abide by established environmental laws and improve their effectiveness

Commission's members (left to right): Marco Quesada, Carlos Alvarado, René Castro, María Virginia Cajiao, Xinia Chaves, Ana Lorena Guevara y Alfio Piva

Beginning in January 2012, the commission will work to consolidate astrategy that involves all marine natural resource users.  Over the course of the next three months, through a process of consultations and discussions, it hopes to devise a diagnosis that exposes the true state of the country’s marine territory.  In June, an official presentation to the president of the commission’s findings is planed along with its recommendations for the improvement of marine governance in order to arrive at an improved strategy for marine management

The commission consists of the following members:

-A presidential coordinator: M.Sc. María Virginia Cajiao, technicalsecretary and consultant to the Presidential Environmental Council

-A representative from the Agricultural Ministry (MAG): Vice Minister Xinia Chave

-A representative from the Environmental Ministry (MINAET): Vice Minister Ana Lorena Guevar

-A representative from security/navigation: M. Sc. Carlos Alvarado from ICD

-An expert in oceanography and marine biology: Dr. Marco Quesada from Conservation International

-The commission will also be formed by Costa Rica’s vice president Alfio Piva Mesén who, along with Cajiao, will be the coordinator of all commission work.

In an official Incopesca notification PESJ-739-12-2011  received by Pretoma on December 14, the fisheries institute made public its decision to drop two cases of illegal fishing involving two shrimp trawlers within the Caletas-Ario National Wildlife Refuge’s protected waters where national laws prohibit their operation.

Click here to see video.

The vessels Sonia J and Luis Guillermo were caught trawling illegally inside the refuge on April 17, 2009.  Both instances were recorded with picture, video, GPS position evidence, and testimony from three witnesses, with the cases being submitted to Incopesca’s Judicial Fisheries Procedures Office as formal denouncements.  Two years and nine months later, Incopesca announced that its Fisheries Office has dismissed both cases, “as there appear to this Office to be reasonable doubts regarding the calibration and preciseness of the instruments used to support claims that the vessel was found trawling within the limits of the Caletas-Ario National Wildlife Refuge.”  In addition, the communication’s recommendations site that, “in strict application of the Indubio pro reo, it is clearly a case for Minaet and in this instance better handled by the Environmental Administrative Tribunal.”

“The national shrimp trawl fleet’s violations of the Fishery Law are ongoing and perverse, as Incopesca ALWAYS exempts the industry from abiding by the law as it pertains to Marine Protected Areas, the use of the Turtle Excluder Device, license restriction requirements, and the obligation it has to use authorized docks in the presence of inspectors,” affirmed Pretoma’s Randall Arauz.  “When the accused shrimpers’ defense attorney is Lic Alvaro Moreno, a former shrimp businessman who is also a member of Incopesca’s board of directors, it’s not surprising that these denouncements never result in any sanctions,” concluded Arauz.

“Despite the irrefutable evidence that we’ve declared at two public hearings, Incopesca waited almost three years to rule on the case, demonstrating a lack of political will on the part of the institution touphold the law,” said Pretoma’s Consultant Erick López, a witness of the  denounced illegal fishing operations. “It’s obvious that Incopesca’s only purpose is to protect the interests of the members of its Board of Directors, and legislate to their own personal benefits or to those of their associates in detriment of the sea turtles that are supposedly protected by these refuges and of the public’s interest.”

Recently, three more illegal fishing cases involving shrimp trawlers in the Ostional National Wildlife Refuge were also dismissed, though this time by the Santa Cruz Prosecutor’s Office.

Vessels like the Sonia J have been denounced over the last few years for illegally fishing within the Caletas-Ario National Wildlife Refuge, the Camaronal National Wildlife Refuge, and in the Guanacaste National Park’s protected waters without suffering and consequences.

The reluctance to apply the law as it pertains to illegal fishing efforts within Marine Protected Areas is a violation of the following national legislation:

Fisheries and Aquaculture Law 8436

Article  9

Article  32

Article  38

Article  39

Article  140

Environmental Organic Law 7554

Article  35

Article  42

Wildlife Conservation Law 6919

Article  43, Transitory

The Tank Bangers is diver band that wants to support marine conservation. The band will soon produce a single “Our Blue”, and has committed to donating part of the profits to a marine conservation NGO.  Pretoma could be that NGO!  The benefitted NGO will be elected through an internet vote.  There is time until Monday.  Enter The Tank Banger’s FB site:

Before voting, you must become members of the group. As soon as you are accepted, please, go ahead and issue your vote.  Thanks for supporting Pretoma.

Minister of Environment Rene Castro announced yesterday that the President had decided that the Marine Commission that was to review marine conservation and management policy was to be interinstitutional, and that she expected a final report to be submitted to her within 6 months.  Castro did the announcement in the Presidential House, during a meeting with the

National Environmental Council’s advisor and coordinator Ana Virginia Cajiao, international model Leonora Jiménez, and biologists Wagner Quirós, Andrés Jiménez, and Randall Arauz.

As Castro explained, the commission would have five members, him on behalf of the Ministry of Enviroment, Viceminister of Agriculture Xinia Chaves, Director of Coast Guard Carlos Alvarado, Ana Virginia Cajiao on behal of the Presidency, and a fifth member who will be chosen by the President, through a short list provided the model and the biologists.  The Commission is expected to be sworn in during the following weeks.

“We are satisfied with the President’s decision, as it guarantees more objectivity and impartiality,”, said Randall Arauz.  “We really the eventual establishment of marine policy that defends the public interest, because of which it wouldn’t be sound that industrial fishers participate, who at the same time are also directly responsible for the current degradation of marine resources,”, explained Arauz.

On Monday November 7, 2011 Costa Rica’s Environmental Secretariat (SETENA), via official document 2723-2011, stated it would no longer consider Granjas Atuneras de Golfito SA’s  petition to construct a yellow fin tuna aquaculture project, or tuna farm, at the mouth of the Golfo Dulce.  SETENA’s decision permanently closes the case on Granjas Atuneras’ (the company responsible for the project) 7 year campaign to bring industrial aquaculture to Costa Rica’s Southern Pacific coast.

Concerned Pavones Fishing Association president William Mata points out the proposed tuna farm location earlier this year (foto: Andy Bystrom)

SETENA’s decision to stop the tuna farms was based on an existing Supreme Court order against the project, the company’s apparent falsification of information in its environmental impact assessment, and the expiration of project permission granted by SETENA in 2004 and in 2008, among other factors.

“So many people worked to stop the tuna farms: Golfo Dulce residents, the Pavones No Tuna Farms Association (ANAGA), the international surfing community, national and international NGOs, attorneys, and many more,” said Andy Bystom, a Pretoma consultant.  “On behalf of everyone involved, we’d like to applaud SETENA’s decision to stop this project.”

Approval of the project would have meant the installment of up to 80 circular tuna cages located 1 km off the coast of some of Costa Rica’s most important sea turtle nesting beaches.  Tuna aquaculture would have also been a major contributor to biological waste that could have potentially degraded water quality along economically important surfing and ecotourism areas, as well as negatively impacted local fish stocks.

One caveat in the tuna farms episode relates to recent free trade agreements between Costa Rica and China that allow for the commercialization of farm raised tuna.  Because of these new economic relationships, more industrial aquaculture projects could be proposed in the near future.  “For this reason, it’s imperative we continue to gather information on the importance of maintaining the environmental integrity of our coasts both for the economic development of local communities and for the protection of endangered species,” said Bystrom.

For more information:

andy@pretoma.org

Fecha: 4 de noviembre del 2011

Hora: 10 AM

Lugar: Hotel Holiday Inn (frente Parque Morazán), Salón Aurola, 3^er piso

Demostrando compromiso con el tema la Presidenta Laura Chinchilla escucha el llamado de la sociedad civil  para citarse el próximo jueves 3 de noviembre a las 5:30pm en Casa Presidencial con destacadas personalidades de la sociedad civil como la reconocida modelo internacional y activista ambiental Leonora Jiménez, el biólogo Randall Arauz Premio Goldman 2010 y Presidente  de la Asociación PRETOMA,  David Chacón Presidente de CoopeTárcoles como representante del sector pesquero artesanal nacional  y  el biólogo-periodista ambiental Andrés Jiménez, para atender las preocupaciones y escuchar propuestas de solución en materia de conservación de tiburones y otros recursos marino-pesqueros.

Por tal razón, el viernes 4 de noviembre los representantes de la sociedad civil ofrecerán una conferencia de prensa con motivo de divulgar y compartir con todos los ciudadanos de Costa Rica los motivos específicos y resultados de la reunión con Doña Laura.

El campo pagado del 13 de octubre del 2011 expone la situación de los tiburones en Costa Rica como muy preocupante.  De aquí, miles de costarricenses tomaron su tiempo para enviar faxes a la oficina presidencial exponiendo su preocupación. Después de todo no es un problema sólo de los tiburones, la situación de los mares en Costa Rica ha venido encendiendo luces rojas desde hace mucho, y de forma exponencial en este año con campos pagados, entrevistas, comunicados de prensa, recursos de amparo e incluso una demanda internacional para el país. Flotas extranjeras arrasan con los recursos pesqueros que les entregamos casi regalados, los pescadores artesanales no salen de la pobreza, el aleteo de tiburón es imparable, se propone abrir la pesca en áreas marinas protegidas y las flotas de arrastre se llevan todo a su paso por mencionar algunos problemas puntuales.

Para más información:

Randall Arauz, Telf:2241 5227, Email: rarauz@pretoma.org

Leonora Jiménez, leonora@leonorajimenez.com

Andrés Jiménez, andresjmo@gmail.com

David Chacón dchacon19@yahoo.com

Los Angeles High School sponsors turtle, names it “Manuelita”

(October 3, 2011 – San José, Costa Rica)

"Manuelita" sea turtle adopted by Los Angeles High School

During the latest expedition to Cocos Island by the Costa Rican organization PRETOMA and their US based partner TIRN on September 21-27, three Pacific green turtles (Chelonia mydas) were tagged with satellite transmitters which will allow the recording of their migratory movements over the following months.  Students from the Los Angeles High School sponsored one of the turtles, a female measuring 77.5 cm and weighing 50.2 Kg.  They named her “Manuelita” and will be following her daily movements on the following website: http://www.seaturtle.org/tracking/index.shtml?tag_id=111981

Researchers recorded 25 sea turtle sightings during the expedition.  They were able to capture 11 turtles in all: 10 green turtles and one hawksbill (Eretmochelys imbricata).  Five of these turtles had been captured and tagged on previous expeditions, including the one hawksbill.  In addition, researchers took tissue samples that will allow them to run genetic tests to determine the origins of these animals, as they do not nest at Cocos Island.  Four turtles and 6 hammerhead sharks (Sphyrna lewini) were also tagged with acoustic transmitters as part of a long term, regional monitoring project.

“Preliminary results from this research show that juvenile green and hawksbill turtles use Cocos Island as a residence site,” explained PRETOMA researcher Randall Arauz.  “Now we need to define the areas of activity for these resident juveniles and the migratory routes the adults take in order to effectively develop management policies,” said Arauz.

Right side face of "Manuelita"

“Adopting a satellite tagged sea turtle is an excellent environmental education tool,” said an enthusiastic Alexia Garro, PRETOMA consultant.  We hope these students will continue to support marine conservation efforts throughout their professional lives, and that they serve as a point of inspiration for other schools and companies to join PRETOMA’s adoption program.”  To see a video of Manuelita when she was set free after being tagged:

http://www.youtube.com/watch?v=YCToD7HL4Gk

Meanwhile, Incopesca authorizes the importation of 15 tons of sharks fins from Nicaragua.

(September 19, 2011 – San José, Costa Rica)

Last Friday, a petition was delivered to Mrs. Laura Chinchilla, President of Costa Rica, with the signatures of 380 Taiwanese citizens calling for a complete ban on the importation of shark fins and other shark products. The signatures include staff of the Taipei local government, folks from a Taipei-based Christian church, elementary school students, and many more. The signatures were compiled by Shanon Lee, lecturer at the prestigious National Chiao Tung University. (See petition).

(copia de la carta de Pretoma a Laura)

“We, concerned citizens of Taiwan, are appalled by Taiwan government’s indifference to the illegal finning activities of its fleets overseas in Nicaragua and Costa Rica” denounced Lee. “We do not care for shark fin soup and consider it a horrid, extremely horrid practice, and the Government of Costa Rica has our full support to kick the fleets out!”

While the citizens of Taiwan express their concern over shark finning by their fleets in Costa Rica, Incopesca authorizes the importation of shark fins from Nicaragua by land through Peñas Blancas. Since December 1^st, date since which the foreign fleets are obligated to abide by the law and land their products in the public dock of Puntarenas, Incopesca confirmed (DM-08-016-11) that is has authorized the importation of 15000 kilos of shark fins from Nicaragua, clearly circumventing Technical Note 68 (See page 98 of the document), which forbids the importation of shark fins that are not attached naturally to the bodies.

“With these signatures included, over 5000 citizens of the world have asked President Chinchilla to forbid the importation of sharks to Costa Rica,” informed Randall Arauz, President of Pretoma. “This is the only way that Costa Rica can advance toward the effective conservation and management of shark resources, and if it doesn’t do it, the foreign fleet will continue to circumvent and make a mockery of Costa Rican shark conservation and management policy, affecting our credibility in international forums”, he sentenced.

For more information: Miguel Gómez. Campaign Consultant, Pretoma.

(September 6, 2011 – San José, Costa Rica)

The Secretariat for Environmental Matters of the Central American and Dominican Republic Free Trade Agreement (CAFTA-DR), with headquarters in Antigua, Guatemala, formally admitted a Communication submitted by Pretoma (CAALA/11/005), in which Costa Rica is denounced for failing to effectively implement its environmental legislation.

Sonia J”, April 17 of 2009, illegally fishing in the protected waters of the Caletas-Arío National Wildlife Refuge.

The communication was submitted last July 13 of 2011 by Pretoma, and it denounces the infraction of the laws that mandate the use of Turtle Excluder Devices (TEDs), the violation of fishing licenses granted to the shrimp trawl fleet for the extraction and sustainable use of marine and fisheries resources, and fishing activities in marine protected areas, also by the shrimp trawl fleet. Now, the Secretariat will proceed to analyze the communication, and will take the corrective measures necessary. Click here to read document (spanish only).

“We hope this will finally stop the shrimp trawl fleet from doing so much harm, not only to the sea turtles and other marine fauna, but also to the artisanal fisheries sector, so needy of sustainable fisheries policies,” said Randall Arauz, President of Pretoma. “Laws exist that not only mandate the use of selective fishery technology, but that also determine where the shrimp trawl fleet can’t operate and limit fishing effort to shrimp, but the authorities are reluctant to implement them”, denounced Arauz.