Ani Youatt's Blog: Saving Wildlife and Wild Places

US import ban on Mexican shrimp: a chance for change in the Gulf of California

2010-04-21T00:38:40Z

Last month, the U.S. government made a courageous decision to stop imports of wild-caught shrimp from Mexico due to lack of compliance with US and Mexican turtle protection laws. U.S. inspections confirmed that many of the Mexican trawlers were not using Turtle Excluder Devices (TEDs) - a contraption that can help turtles to escape drowning in shrimp nets up to 97% of the time. The decision goes into effect today, April 20, 2010, and will not be reversed until the US certifies that Mexico has adequately addressed the problem.

The lack of TEDs is yet another example of the threat posed by shrimp operations in Mexico to highly endangered marine species. Just last year, NRDC and partner groups fended off a proposal by trawlers to shrimp in the only refuge of the highly endangered vaquita marina porpoise in the Gulf of California, Mexico (as I’ve discussed here). The Gulf of California, part of NRDC’s Baja BioGem, is the only home of the vaquita and key habitat for 5 of the 7 species of endangered sea turtles: green turtle, hawksbill, olive ridley, loggerhead and leatherback. Known as “the aquarium of the world” with nearly 900 species of fish, it also provides more than half of Mexico’s seafood - more than the Gulf of Mexico.

Much to its credit, the Mexican Ministry of Environment (SEMARNAT) issued a strong resolution last year that banned trawling in the vaquita refuge in the Upper Gulf of California (more here). Unfortunately, the trawl fishermen took the decision to court where it got stuck in legal red tape. The result was that the 2009-2010 shrimp season went on without much improvement (aka business as usual) and endangered species were tossed aside once again in favor of shrimp.

Shrimp and endangered species have been at odds in the region for decades, and the conflict is taking a toll on both. Vaquitas are facing extinction, sea turtles are threatened, and shrimp profits have been struggling due to less catch, depressed prices and rising fuel costs. Neither stands to have much of a future if we don’t find innovative ways to reconcile the two.

The US ban on shrimp imports has been a sensitive and controversial topic in Mexico. It is a strong measure that can be perceived as protectionist. People are resentful about potential loss of vital income and jobs. This is all understandable. However, at the end of the day, the intended goal here is to protect endangered sea turtles. The US is not asking the Mexican trawl fleet to do any more than what the US fleet has done. Furthermore, the US timed things to minimize the disruption of trade. Shrimp season closed March 31 and US authorities will review the fleet before the season opens again in August or September.

There is now a window of opportunity for all stakeholders to work together to solve the problem. Over the next few months the trawl fleet in the Gulf of California will be subject to 2 key reviews:

1) they will have to submit a new proposal and Environmental Impact Statement to Mexico’s Ministry of Environment for their operations, including in key vaquita habitat; and

2) there will be US re-inspections to check that the trawl fleet is implementing (and of course the key here….actually enforcing) the required sea turtle protections.

The new EIS should incorporate all of the recommendations made by SEMARNAT in their resolution last year. Of critical importance will be for the fleet to implement best-practices, monitor by-catch, ensure zero catch of vaquitas and turtles, and respect marine protected areas. There should be absolutely no trawling (or gillnet fishing) in the vaquita refuge. The US should not re-certify Mexico’s imports until there is clear evidence that Mexican trawlers are using the TEDs and not catching sea turtles.

And finally, I would be remiss if I did not mention that the US is the number one importer of Mexican shrimp. As a consumer, you can help the vaquita and sea turtles by asking informed questions about where your shrimp comes from and how it was plucked out of the ocean. NRDC’s sustainable seafood guide can help you make sure that your choices protect endangered species and support responsible fishermen.

Mexico Steps up to the Plate for Endangered Porpoise

2009-11-03T19:59:30Z

The World Series is heating up, but for me, the real home run from the past week is Mexico's decision to severely limit shrimp trawling in the Upper Gulf of California, Mexico -- the only home of the world's last 150 vaquita marina porpoises.

We've been gaining steady ground over the past two years to save the vaquita from ending up in nets set by artisan fishermen in small skiffs for fish and shrimp. But in mid-July, conservation efforts received a major blow. Trawl fishermen submitted an Environmental Impact Statement (EIS) to Mexico's Ministry of Environment to allow 109 large, industrial boats to trawl in the Upper Gulf of California Biosphere Reserve for shrimp, including within the Vaquita Refuge (click here to see my blog).

It seems like a no-brainer that trawling and "refuge" should be like oil and water. But Mexico was under pressure to consider the proposal. Although the refuge was created in 2005 to protect the vaquita, there are no laws on the books that state that trawling is illegal within it. Furthermore, even though trawling is technically illegal in a protected area because it exceeds acceptable levels of by-catch, trawlers have been permitted to operate in the region for nearly two decades. Reversing course is not a simple or easy task. Yet, if we are to save the vaquita from extinction tough decisions must be made and unregulated fishing can no longer be the status quo.

NRDC and local Mexican partners ramped up advocacy efforts to respond to this new threat. Our bottom line was that we opposed three principle elements of the proposal. One, we were against any trawling being permitted in the Vaquita Refuge. This was a non-negotiable point. Second, the proposal included 27 boats from outside of the Upper Gulf (21 from Guaymas and 6 from Mazatlan). Mexican law is very clear that in a protected area natural resource extraction is only permitted when it produces benefits to local inhabitants. Third, the EIS was woefully inadequate and grossly underestimated the impact of trawling on an ecosystem Jacques Cousteau once called the "aquarium of the world".

We took our message to the Mexican Government, US Government and US importers of Mexican shrimp. We were joined by 27,500 messages from our members and on-line activists asking Mexico to reject the proposal and hold up the rule of law.

On October 26, 2009, Mexico's Ministry of Environment stepped up to the plate. They issued a resolution that bans all trawling in the Vaquita Refuge, limits trawling in the Biosphere Reserve to 82 boats (effectively removing the 27 outside boats), and places a series of restrictive measures on the remaining trawlers calling for best-practices, monitoring of by-catch, and zero catch of vaquitas and turtles. Furthermore, fishermen will be required to submit another EIS for their activities next year.

The decision is a giant positive step forward. For the first time, the Vaquita Refuge will be a no-fishing zone. After a decade of unchecked, uncontrolled fishing by as many as 400 trawlers there are some limits and restrictions in place for 82 locally owned boats. There are even measures to support effective monitoring of trawling activities and by-catch.

Of course, the resolution isn't perfect. The vaquita's range is not limited to the refuge area and even with best practices the level of by-catch by trawlers exceeds the legal, allowable amount for a Biosphere Reserve. But most significantly, the decision signals a change in course for the human relationship to the vaquita, and for that reason I consider it to be a sucess. I remain hopeful that it charts the path to a sustainable future for the Upper Gulf...a future that includes both the vaquita porpoise and artisan fishermen.

No Refuge for Mexico’s Endangered Vaquita Porpoise

2009-08-19T21:51:49Z

It seems that every time we've secured a step forward for saving the highly endangered vaquita marina porpoise, we are then asked to take two steps back. A proposal from local fishermen this month to use large, industrial size boats for shrimp trawling in the only home of the vaquita would seriously undermine conservation efforts when we need it most. Time is running out for the last 150 vaquitas. We cannot afford to take any steps back if we are to prevent the extinction of a fellow mammal in our lifetimes.

NRDC has been working since 2005 to remove harmful gillnets that entangle and drown vaquitas from the Upper Gulf of California, Mexico in an effective and equitable way. Following years of intense advocacy, Mexico began a compensation program to help reduce the number of fishermen, exchange gillnets for porpoise-safe fishing gear, and prohibit the use of gillnets in the Vaquita Refuge.

The Vaquita Refuge was created in 2005 to provide additional protection to the vaquita. The area includes some 80% of all verified vaquita sightings. Last year was the first time that Mexico effectively monitored and enforced the Refuge as a no fishing zone and appropriately compensated fishermen for their loss of catch. After years of unregulated and illegal fishing in vaquita habitat this was a giant step forward.

Now the Upper Gulf shrimp trawl fishermen are asking their government and the rest of us to take a step back in our collective efforts. Last month, they submitted an Environmental Impact Statement to Mexico's Ministry of Environment to allow 109 large, industrial boats to trawl in the Upper Gulf of California Biosphere Reserve for shrimp, including within the vaquita refuge starting as early as October 2009.

Two decades of being listed on multiple endangered species lists, three different protected area designations, hundreds of meetings and now Mexico is considering a proposal to trawl in the only place on the planet we've set aside for this species to survive. Trawling simply has no place in the Vaquita Refuge. Now is the time to take action and urge Mexico to reject this proposal and maintain its commitment to protecting marine mammals. Together, I am certain we can help ensure that the Vaquita Refuge is the safe haven that it was intended to be.

REDD:Peru-ving REDD: Lessons from Peru for Combating Deforestation

2009-06-17T17:02:32Z

One of the key issues in Copenhagen climate change negotiations in December will be the creation of an international superstructure to provide incentives, and ultimately payments, to combat deforestation in tropical countries. As delegates from around the world gathered in Bonn last week to discuss the so-called "REDD issue" (e.g., reducing emissions from deforestation and degradation), violence erupted in the rainforests of Peru between indigenous groups and the government about plans to step up oil and gas exploration, mining, and logging in the Amazon.

The lack of consultation about new laws affecting their lands and resources led to a 50 day peaceful protest by indigenous people. They were met first with indifference, then silence, and then on June 5, 2009 in the town of Bagua with firearms from the Peruvian Government that left dozens dead on both sides. Under international pressure, the Peruvian Government temporarily suspended two of the most controversial laws, but only for 90 days. There is yet to be a meaningful dialogue in Peru, or a public response from the US.

The conflict in Peru is a cautionary tale for all of us working to protect tropical forests. Although resource extraction and forest preservation may sound like polar opposites they in fact raise the same set of worries and concerns about forest management. The take home points here are that if we ignore the rights of forest peoples, rush processes related to land use allocation, and turn a blind eye to bad governance, we will fail to achieve our goals to reduce deforestation. And here is the kicker...it will happen even if you've got the perfect scheme written down on paper and the most advanced satellites up in the sky keeping an eye on things.

So what exactly went wrong in Peru? The country has made numerous commitments to improve forest governance, crack down on illegal timber trade, and even to reach zero deforestation by 2019.

In April 2006, Peru signed a bilateral free trade agreement (FTA) with the United States which was re-negotiated in 2007 to include unprecedented specific steps Peru had to take to enhance forest sector governance and combat illegal logging and trade. The agreement had detailed language on the need for transparency and public participation, monitoring and enforcement, weeding out corruption, and consultation with forest and indigenous peoples. On top of that, in May 2008, the US Congress amended the Lacey Act making it illegal to import wood acquired illegally overseas. The structure appeared to be in place for Peru to transform a long history of illegal logging and deforestation in favor of forest protection.

So what went wrong?

1. Changes in Administration

First, there was a change in Administration in Peru and with it a loss of political will to protect the country's forests. In June, 2006, Mr. Alan Garcia became President of Peru and brought with him an aggressive policy for resource use in the Amazon. He began using the FTA as an excuse to dismantle Peru's forest institutions and laws and pass 99 new legislative decrees to effectively open up the Amazon to investment and weaken indigenous rights to their lands. Furthermore, while the Ministry of Environment was seeking funds for REDD abroad, the Ministry of Energy and Mines was leasing oil and gas concessions throughout the country's entire Amazon region (see map) and the Ministry of Agriculture was promoting biofuels (see map).

2. Rushed process

Second, with US elections and a pending change in administration in January 2009, the U.S. Trade Representative was under pressure to certify the trade agreement before President Bush left office. Certification meant that Peru was deemed ready to uphold its commitments under the FTA and that lowered barriers to trade would come into effect. Despite clear evidence that Peru did not have its house in order -- and outcry from US and Peruvian citizen groups --the rushed process was pushed forward and President Bush certified the FTA the day before he left office - a final piece of his "legacy".

3. Lack of real and meaningful consultations with forest peoples

Third, the rushed process due to political deadlines and the desire of Peru to cash in on the incentive (in this case, trade and US markets) left little or almost no space for Peru to consult with civil society, especially with forest peoples who live in remote areas of the Amazon rainforest. The Peruvian Government largely ignored or sidelined indigenous groups despite the trade agreement and international laws.

And the US is doing very little about it all, saying Peru is a sovereign country and it is none of our business. Even with dozens dead in a conflict brought about by implementation of the FTA, the US has remained largely aloof and disinterested in getting involved in "Peru's" politics.

We are very eager to see REDD work - to provide real incentives to preserve tropical forests. However, we need to heed the lessons of the conflict in Peru.

Lesson #1: Rushing when it comes to complex matters such as rights to resources and land use is a recipe for disaster. In our mad dash to reduce carbon emissions from tropical deforestation we should be aware that if we rush to meet self-imposed deadlines (such as the Copenhagen meeting or the World Bank's timetable for providing funding to countries through its Forest Carbon Partnership Facility) without due process we will likely fail to avoid deforestation. We need to take the time to get this right and invest significant energy in supporting countries to be ready for REDD.

Lesson #2: Meaningful consultation with forest communities is not a quick or easy task and governments sitting in far away capitals are largely not interested in going to remote forest regions to talk to their indigenous populations. Yet they must. We need more than a box for governments to "check off" saying they will consult forest communities....we need much more and this too will take time to create and implement effectively.

Lesson #3: Even with environmental safeguards in our bi-national and multinational agreements it is very difficult to police foreign governments that lack the political will to protect forests and human rights. Providing incentives to countries does not create or make up for good forest governance and political will.

One final note: in an ironic twist, the Peruvian Government is lobbying to host the next big meeting of UN climate talks in Lima. Perhaps they should talk with their own people about forests before inviting the rest of the world to the table.

The Vaquita caught on tape...and not a moment too soon

2008-11-20T17:42:19Z

I have been working for three years to save a species that almost no one has ever seen. Only a handful of fishermen and scientists have caught a glimpse of the rare and elusive vaquita porpoise that lives uniquely in the Upper Gulf of California, Mexico. Since its discovery in 1958, there has never been a live photograph of the porpoise. The only images (aside from cartoon drawings) have been of those who have met a tragic end, usually as accidental catch in gillnets set by local fishermen for fish and shrimp. The shrimp is exported and ends up on the plates of unknowing consumers in the US.

Due to high levels of illegal fishing and extensive use of gillnets in their habitat the vaquita now has the dubious distinction of being the most endangered cetacean species in the world. Scientists estimate that no more than 150 remain. We are in a race against time to prevent the loss of another marine mammal in our lifetimes. Turning back the clock will require us to remove harmful nets from vaquita waters, provide real alternatives and different gear to fishermen, and establish a sustainable fishery in the region. NRDC is working with local partners to do this, but I won't pretend that it is an easy or straightforward task.

However, thanks to a dedicated team of multi-national scientists, media experts, and NGOs the world can finally meet the living, breathing, swimming, vaquita. Last month, on a calm, sunny day with glassy waters,documentary filmmaker Chris Johnson and scientist/photographer Tom Jefferson of NOAA hit the holy grail of vaquita conservation - hundreds of images and video of live vaquitas.

I myself may never see a vaquita in person, but I want to go to bed at night knowing that it is there... swimming in the shallow, murky waters of the Gulf of California...and knowing that we made a space for it in this world.

Photos by Thomas A. Jefferson. Photos taken under permit (Oficio No. DR/488/08) from the Secretaria de Medio Ambiente y Recursos Naturales (SEMARNAT), within a natural protected area subject to special management and decreed as such by the Mexican Government.