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A total of 28 organizations from 9 countries have expressed their written support to the Ministry of Environment, Energy and Telecommunications (Minaet) of Costa Rica, for the national initiative that seeks to include the scalloped hammerhead shark (Sphyrna lewini) in Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

The organizations consider that such a measure would improve controls on the trade of products and subproducts of this species, including its fins, which is classified as an Endangered Species by the International Union for the Conservation of Nature (IUCN).  If the inclusion of hammerhead sharks in Appendix III is attained, then the countries of the region that share common populations, like Panama, Ecuador, and Colombia, will be committed through CITES to grant assistance for the regional conservation and management of this species.

According to Randall Arauz, of the Costa Rican organization Pretoma, the Costa Rican initiative is very positive.  “The inclusion of hammerhead sharks in Appendix III of CITES will help Costa Rica consolidate its own marine conservation policy, and will strengthen its leadership in other regional processes,” explained Arauz.  “Nonetheless, while Minae seeks to control the disastrous international shark fin trade, the Costa Rican Fisheries Institute (Incopesca) promotes the annual importation of dozens of tons of shark fins from Nicaragua, a contradiction that must be corrected immediately,” sentenced Arauz

The organizations that have supported this campaign to include hammerhead sharks in Appendix III of CITES Costa Rica are…so far:

Pretoma (Costa Rica), Marviva (Costa Rica), Misión Tiburón (Costa Rica), Rich Coast Diving (Costa Rica), Conservation International (Costa Rica), PEW Environment Trust (USA), Sea Turtles Forever (Costa Rica-USA), SharkAngels.org (USA), Animal Welfare Institute (USA), Born Free (USA), Defenders of Wildlife (USA), Environmental Investigation Agency (USA), Humane Society International (USA), Shark Research Institute (USA), Natural Resources Defense Council (USA), Teyeliz (Mexico), Stop Kiling Our Sharks (Begium), Savingoursharks.com (Canada), OceanGlobalNet (Switzerland), Ocean Care (Switzerland), Life Conservationist Association (Taiwan), Project for the Application of Law for Fauna (Republic of Congo), Wildseas.org (United Arab Emirates), Humane Society International – Latin America, Migratory Wildlife Network (International), World Society for the Protection of Animals (Mexico, Central America and the Caribbean.

If you are your organization would like to support this campaign, contact:

info@pretoma.org

Since 2010 Pretoma is working on a hawksbill sea turtle tagging program in Guanacaste (http://www.pretoma.org/support-pretoma/adopt-a-turtle/), Costa Rica. More than 15 hawksbills have been tagged with acoustic technology which has shown that these turtles are associated to reefs for long periods of time feeding from small sea sponges. Furthermore in 2011, Sirenuse a hawksbill sea turtle was tagged with satellite transmitter in Cabo Blanco Biological Reserve, which worked for 252 days, and by its means it was probe that Sirenuse is resident of Cabo Blanco, being able to take long distance trips along Nicoya’s coast for several days. The generated information from these tagging let to identify exact movements y therefore indentify new marine areas that should be protected on expanded under management plans so these turtle are not victims of harming fishing methods like trawling and gillnetting.

During this 2012 Pretoma wants to tag 2 more hawksbills in Guanacaste with satellite transmitters to be able to track their real time movements and that this information will help us to make bigger management efforts to assure their conservation.

First option: If you, your company, institution, school gather and donate US$ 2000 to Pretoma, with this Money we will buy a satellite tag which will be put on a hawksbill sea turtle in Guanacaste, you will be able to name it and follow its real time movements through our website. The adoption is accompanied with a framed picture, a certificate of adoption with the turtle’s information, and a handmade sea turtle necklace.

Second option: For a $US 50 donation, you will be automatically given one of hundred number to riffle a hawksbill sea turtle tagged with a satellite transmitter in Guanacaste, which will be riffled with the 2 last number of the Costa Rican National lottery in May 27, 2012. Also, you will adopt a sea turtle tagged with a metal tag at any of our sea nesting beaches. All adoptions include a framed picture, a sea turtle necklace and adoption certificate with the adopted sea turtle.

http://www.pretoma.org/es/support-pretoma/adopt-a-turtle/

Tags: adopción, satelital, sea-turtle, tortuga, tracking, turtle

The Environmental Secretariat of the Central American Free Trade Agreement (CAFTA) has requested Costa Rica to respond to the complaint filed by the Costa Rican organization Pretoma last July 13th, after studying the submitted documentation and determining that it fulfilled the requirements of the Agreement.  The complaint claims non compliance of the country with its own sea turtle protection legislation.

Pretoma’s complaint specifically denounces Costa Rica’s failure to abide by its own environmental legislation in three fields that pertain directly to the conservation of sea turtles and to the habitats upon which they depend:

• Impunity for the offenders of legislation that protects sea turtles from drowning in shrimp trawl nets.
• Impunity for the offenders of legislation that bans shrimp trawlers from operating in marine protected areas.
• Impunity for the offenders of legislation that mandates shrimp trawlers to direct fishing effort on shrimp, and not on species of by-catch.

“Without a doubt, this situation stems directly from the conflict of interests that exists in the heart of the Board of Directors of Incopesca, the entity that establishes fishery policy in Costa Rica, majority of which is represented by private interests,” assured Randall Arauz.  “It’s embarrassing, this process will affect Costa Rica’s image, but I think the effect in the long run will be  positive, as it proves once again that without the much needed reform of INCOPESCA, it will never be possible to improve marine conservation in this country.

See the full file at CAFTA-DR

Aditional information on the CAFTA-DR process:

Articles 17.7 and 17.8 of CAFTA-DR establish the Mechanism for Communications Regarding the Application of Environmental Legislation, the aim of which is to foster civil society participation in the implementation of this legislation in the región.  Through the use of a Communications Mechanism, any person from a Party of the Treaty can file complaints with the Secretariat of Environmental Affairs (SEA), claiming failure of a nation to abide by its own Environmental Legislation.  The SEA may request a response from the Interested Party, and evaluate if it recommends the Council of Environmental Affairs to elaborate a File of Facts.  The SEA will elaborate this file if ordered to do so by any of its members.

(February 10, 2012 – San José, Costa Rica)

Photo: Incopesca denied information regarding foreign fleet's shark fishery.

Last February 1^st, the Costa Rican marine conservation organization Pretoma filed suit against Mr. Luís Dobles Ramírez, Executive President of Incopesca at the Public Ministry Court, for failure to adhere to his mandate and duties.  As explained in the suit, all public servants must facilitate public information regarding their performance when requested.   However, Mr. Luís Dobles Ramírez has obligated Pretoma to resort to the Constitutional Court on 4 separate occasions, just to uphold basic constitutional principles, such as the right to information and a timely response.

“The persistent denial to divulge information that is of public nature hinders the appropriate control of activities related to the use of national hydro biological resources – an issue of great relevance to Pretoma,” denounced Randall Arauz, President of Pretoma.  “We consider that Mr. Dobles’ actions offend not only our constitutional rights, but also those of all the Costa Rican people who expect the institution to works towards the defense of the public interest and sustainable fisheries,” stated Arauz.

Concrete cases:

• Resolution Nº 2010-1315 (July 20, 2010).  Incopesca was ordered to release technical information of public nature regarding the creation of the Golfo Dulce Responsible Fishing Marine Area.

• Resolution Nº 2011-11611 (August 30, 2011).  Incopesca was ordered to release information regarding procedures pertaining to the lading of sharks and the curtailment of shark fins by the foreign fleet, in addition to systems utilized to elect inspectors.

• Resolution Nº 2011-15821 (November 22, 2011).  Incopesca was ordered to release copies of the certification forms for the Authorization for the Landing of Fisheries Products (FIAD) – documents produced for foreign flagged vessels that have landed at the public dock in Barrio El Carmen, Puntarenas, since December 1, 2010.

• Resolution Nº 2011-17885 (December 23, 2011).  Incopesca was ordered to provide information regarding the status of law suits filed against shrimp trawlers Sonia J and Luis Guillermo on May 6, 2009 for illegal fishing operation inside the Caletas-Arío National Wildlife Refuge.

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.

…

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.

…

(*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.