Certification of Translation Accuracy
Certification of Translation Accuracy
Translation of “LETTER FROM SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT, FISHERIES AND FOOD” from “SPANISH” to “ENGLISH”
We, FoxTranslate Inc., a professional translation company, hereby certify that the above-mentioned document(s) has (have) been translated by experienced and qualified professional translators and that, in our best judgment, the translated text truly reflects the content, meaning, and style of the original text and constitutes in every respect a correct and true translation of the original document. This is to certify the correctness of the translation only. We do not guarantee that the original is a genuine document, or that the statements contained in the original document are true. Further, FoxTranslate Inc. assumes no liability for the way in which the translation is used by the customer or any third party, including end users of the translation. A copy of the translation is attached to this certification.
David Abrameto, VP of Operations Fox Translate Inc. Dated: July 23, 2011
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
0
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA] Mazatlán, Sinaloa, July 21, 2011 MR.HOWARD M. JOHNSON Director, Global Programs Sustainable Fisheries Partnership [email protected] PO Box 688 Jacksonville, OR 97530 1-541-899-497 5 Present
[PAGE 1 OF SPANISH LETTER]
Dear Sir, This is in reference to your non-dated written communication sent to this Commission which focuses on several external issues related to shrimp fishing in Mexico, and the use of Turtle Excluder Devices (Dispositivos Excluidores de Tortugas Marinas “DET” by its name and initials in Spanish). With regards to the above mentioned communication, I would like to comment that the National Commission of Aquaculture and Fisheries (CONAPESCA) is an administrative organism decentralized from the Secretariat of Agriculture, Cattle, Rural Development, Fisheries and Food (SAGARPA). It is totally committed with the legality, quality and transparency in charge of promoting and developing coordinating mechanisms with different venues so as to implement policies, programs and norms. These in turn conduct and facilitate the competitive development and sustainability for the fishing and aquaculture sectors so as to increase the welfare of the Mexican people. It also aspires to be recognized by its effectiveness, transparency and trustworthiness in the exercise of its powers granted by provision of Article 37 of the Interior Regulation of SAGARPA; having the same faculties as those established by the General Law of Sustainable Fisheries and Aquaculture; The Regulation of the Law of Fisheries; the Internal Regulation itself; the Decree by which CONAPESCA is created and other applicable provisions and ordinances that entitle this Commission to regulate, empower and manage the whole administration of and the full use of the fishing and aquaculture resources of our country. In this manner, and with the sole purpose of serving to those ends within your environmental competency to orient the programs and actions of CONAPESCA, I immediately allow myself to inform the Non-Governmental Organization (NGO for its initials in English) that you are in charge of, about the public information that is listed in your written request. Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
1
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
Immediate Action Plan [PAGE 2 OF SPANISH LETTER] In November of 2009, Mexico implemented an “Immediate Action Plan” to better serve the recommendations formulated by the Government of the United States of America through its competent agencies regarding the use of TED (DET) by the shrimp fishing fleets. This plan was implemented in the time period of November 2009 to April 2010, with the coordinated participation of the following dependencies and entities:
Secretariat of Agriculture, Cattle, Rural Development, Fisheries and Food, (SAGARPA) through the National Commission of Aquaculture and Fisheries (CONAPESCA), and the National Institute of Fisheries (INAPESCA).
Secretariat of the Environment and Natural Resources (SEMARNAT) through the Federal Environmental Protection Agency (PROFEPA).
Secretariat of the Armed-Navy of Mexico (SEMAR).
Under the “Immediate Action Plan” several convincing measures were applied and oriented towards the strengthening of the TED (DET) verification program in the ocean waters within federal jurisdiction, therefore, increasing the number of shrimp vessel inspections, preferably at night and/or in far out zones; continuing with the courtesy visits to the ships moored on the pier, and advising before the vessels went out to fish; training the inspectors with preventative recommendations before the vessels went out to fish. Training the inspectors in the TED (DET) verification, navigational ability and security of ocean marine life, as well as the better use of information technologies, especially the efficient use of Satellite Localization and Monitoring for Small Vessels (SISMEP) that is operated by CONAPESCA. These allow the use of the information on the whereabouts of the shrimp fishing fleet before they initiate operations in the open sea and before personnel from CONAPESCA, PROFEPA and SEMAR go out to sea. This makes for a more efficient navigation and use of the equipment to inspect the exact spot where the shrimp vessels are operating within the area. Among others, the “Immediate Action Plan” during its application time period, had some outstanding results:
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
2
The participating entities, through their authorized personnel, carried out 1,294 TED (DET) inspections in shrimp fishing vessels. Of these, 481 took place at piers (37.17%) and 813 (62.83%) out at sea. Of all the inspections carried out at sea, 546 were made during the day (67.14%), and 267 at night (32.84%).
Experts from the National Oceanic and Atmospheric Administration (NOAA) from the United States of America trained 7 Federal Fisheries Officers for CONAPESCA, and 8 Federal Inspectors for PROFEPA. These were all trained so that they in turn could transmit their knowledge to the Mexican inspection teams regarding TED (DET).
130 Federal Officers of Fisheries of COPANESCA were trained and 63 Federal Inspectors and 15 PROFEPA lawyers were all trained in the use of TED (DET) verification material.
SISMEP handed in 509 Information Reports to the authorized personnel of the different dependencies and entities that participated in the inspection and security operatives.
Program for TED Verification 2010-2012 In January 2010, Mexico established a “Working Program of TED Verification 2010-2012” that began that same month with the coordinated participation of SAGARPA through CONAPESCA and INAPESCA; SEMARNAT through PROFEPA, and SEMAR. “2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT FISHERIES AND FOOD NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY LETTER DVIV/03101/2011
[SEAL: (EMBLEM) UNITED MEXICAN STATES] THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
[PAGE 3 OF SPANISH LETTER] During this program there were permanent applied actions that were oriented toward reaching an optimum level of comparison between Mexico and the United States of America in compliance with all the legal provisions that regulate the use of TED (DET), by the authorities as well as the industry. Some of these actions refer to, but are not limited to, increasing ocean inspections regarding the use of TED (DET). To permanently train the inspectors regarding verification, navigation and ocean security as well as the ship owners, captains and crews and netters in new design technologies, construction, installation and use of TED (DET); keep the SISMEP operational; strengthen the communication outreach for the normative uses; strengthen the Certifications of TED (DEP) before they are issued for the shrimp fishing vessels’ permissions to leave. Implement a “Zero Tolerance Policy,” based on the strict application of the law in terms of cancelling permits to those captains of vessels that violate the law. Impose fines for ship owners, as well as, in your case, Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
3
confiscation of vessels, fishing materials, fishing products and or revocation of, or suspension of permits and/or concessions for fishing, as well as to propitiate the co-responsible participation of the fishing sector. The consolidated advances in the application of the “Working Program of TED (DET) Verification 2010-2012”, obtained through the coordinated effort of CONAPESCA, PROFEPA and SEMAR, result in the following really noticeable results:
In the shrimp fishing season on open seas 2010/2011, PROFEPA issued TED (DET) certifications to 1,197 shrimp vessels. These certifications were issued only by prior verification and fee payment and in compliance with the Mexican Official Norm NOM-061-PESC-2006 and that are required so the vessels can obtaind their fishing permit through The Secretariat of Communications and Transportation (SCT). The verifications that were carried out in order to issue the certificate are not included in the inspection results.
In the shrimp fishing season of 2010/2011, 1,986 DET (TED) inspections were carried out on shrimp fishing vessels, taking place at the piers were 719 (36.20%) and 1,267 out at sea (63.80%). Of the 1,267 inspections carried out at sea, 762 were carried out during the day (60.14%) and 505 at night (39.86%). Of the 1,986 inspections carried out by CONAPESCA, PROFEPA and SEMAR, infractions were observed in only 16 vessels, that is to say of the 0.80%* of the verifications that were carried out. During these verifications, there were no products or sub-products of marine turtles either in the nets or on board the vessels.
EXPLANATORY NOTE: In your communication you mention that during the shrimp fishing season for 2010/2011, PROFEPA carried out 861 inspections and found 74 vessels with TED (DET) infractions. This information is incorrect, as confirmed with that office. The correct information is the one that PROFEPA carried out during that season, with 889 inspections to shrimp vessels and found only 8 vessels with probable TED (DET) infractions. These cases are being processed by the Attorney’s office and in compliance with the law, to determine once the interested parties have spent their right to an audience, whether or not the lawful sanctions will be applied.
[TRANSLATOR’S NOTE: In item 2, where it reads 0.80% of the verifications carried out there could be mistake in the numbers which could read 0.08% of the 889 vessels and not 80% were found to be infractors. ]
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
4
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
[PAGE 4 OF SPANISH LETTER]
In 2010 there were 22 training workshops given regarding for TED (DET) given to 1,349 recipients through SEMAR.
In 2010 in the Training Program in Construction, Installation and Efficient Use of TED (DET), 6,697 captains or ship owners of shrimp vessels, crews and netters. Recently, the continuation of the program has been started for its exercise in 2011, the stage in which 448 fishermen have been trained up to date.
In 2010 there were 15 training workshops in Basic Sea Safety for 210 Federal Fishing Officers of CONAPESCA (with 100% attendance), and being given their Permit Booklets Type B by the Secretariat of Communications and Transportation, as Speedboat Operators.
As of 2010 to the present, in terms of the material for infractions of TED (DET), CONAPESCA has fined 73 owners and or captains and patrons of shrimp vessels, for a total of $3,567,766.01 (THREE MILLION, FIVE HUNDRED SIXTY-SEVEN THOUSAND, SEVEN HUNDRED SIXTY-SIX AND ONE CENT MEXICAN PESOS). It has also cancelled nineteen ocean Permit Booklets to captains aor owners of shrimp fishing vessels and has confiscated one vessel; 39 nets; 37 TED (DET) and, 35,259.85 kilograms of products obtained from fishing.
The sanctions applied to CONAPESCA for violations with the TED (DET) are found in the General Law of Sustainable Aquaculture (LGPAS), which became effective on October 22, 2007. With respects to the same, and as agreed per Article 133 of the LGPAS, SAGARPA throughCONAPESCA, will administratively sanction all infractions committed against this law, its Regulation and the official Mexican norms that are derived from it, with one or more of the following sanctions: reprimand and warning; fine; extra fines for everyday the infraction persists; administrative arrest of up to thirty-six hours; temporary closure or definitive closure, partial or total, of the installation and/or of the installations in which the violations occurred; the confiscation of vessels, vehicles, articles related to fishing and/or products obtained from aquaculture and fishing and directly related to the violation(s) and, suspension or revoking of permits, concessions and corresponding authorizations. Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
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Likewise, in compliance with the third paragraph of Article 147 of LGPAS, the captain may be sanctioned or the owner of the fishing vessels involved in the violations may have their permits for carrying out fishing activities cancelled, nor will the permits for the fishing vessel’s crews be granted. In this context, I inform you that said sanctions are applied without any type of impediment caused by the fact that the General Law of Fisheries and sustainable Aquaculture has as yet not been issued, since LPGAS establishes in its Sixth Transitory Article, that while said Regulation is being issued, the Regulation of the Law of Fisheries published in the Official Newspaper of the Federation on September 29, 199, remains active in all that does not contravene the provisions of said Law.
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
TED (DEP)
[PAGE 5 OF SPANISH LETTER]
At present, in Mexico, with SAGARPA through CONAPESCA there is an impulse towards the Draft Project for Modifying the Official Mexican Norm NOM-002-PESC-1993 to order the advantageous use of the shrimp species in the waters of the Federal jurisdiction of the United Mexican States, published in the Official Newspaper on December 31 of 1993, and its modification published in the Official Newspaper of the Federation on the days of June 30 1997 and, November 28 of 2006. This disposition contemplates the use of (Fish) Excluding Devices (DEP) to reduce the fishing operations of netting in the ocean, the incidental captures of any accompanying fauna, and whose use has been discussed that It should be made obligatory three years after such modification becomes enforceable. Once the provision is obligatory, its non-compliance will be sanctioned in conformity with Articles 132, Fraction XXVI, 133, Fraction II, and 138, Fraction II of the LGPAS. Once the Provision becomes mandatory, this will place Mexico at the vanguard in the use of the selective fishing arts in the operations of net shrimp fishing, considering that the use of TEP (DEP) is not mandatory in several countries throughout the world.
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
6
SISMEP The system for Satellite Localization and Monitoring of Fishing Vessels (SISMEP) is regulated by the Official Mexican Norm NOM-062-PESC-2007, for the utilization of the System of Satellite Localization and Monitoring for Fishing Vessels, published in the Official Newspaper of the Federation on April 28, 2008. Said Norm’s observance is obligatory for all concessionaires and permit providers that carry out fishing activities except those of sport-recreation, in fishing vessels with stationary motor (onboard), potential nominal superior to 80 Hp with a covered main deck and length greater than 10.5 meters. It should operate in jurisdictional waters in the Pacific Ocean, Gulf of Mexico and Caribbean Sea, and inside the Exclusive Economic Zone, as well as for those Mexican flagged vessels that carry out fishing activities out in the ocean. Not having the proper specialized equipment for satellite monitoring when that is established by the regulatory provisions or the concession or corresponding permit, constitutes a foreseeable administrative violation sanctioned by Articles 132, Fraction XXVII, 133, Fraction II and 138, Fraction II of the LGPAS, with a fine equivalent to 101 to 1,000 days of the daily minimum wage salary . Regarding that, during the course of the year 2009 to date, there have been 8 fines imposed by the previous violation, ascending to a total amount of $226,438.60 (TWO HUNDRED TWENTY-SIX THOUSAND, FOUR HUNDRED THIRTY-EIGHT AND SIXTY CENTS MEXICAN PESOS, NATIONAL CURRENCY).
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT FISHERIES AND FOOD NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY LETTER DVIV/03101/2011
[SEAL: (EMBLEM) UNITED MEXICAN STATES] THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
[PAGE 6 OF SPANISH LETTER]
Although SISMEP operates 24 hours a days and 365 days a year, monitoring the fishing fleets operations and, when it does detect some vessel in the restricted fishing zone, for example one where shrimp fishing with nets or dragnets inside the marine corridor between zero and five fathoms deep (9.2 meters) or inside an area that has a radius of 5 miles (9.25 kilometers) around the outlets that join the ocean with bays, coastal lagoons, marsh valleys, rivers and streams covered in Numeral 4.3.6 of the Official Mexican Norm NOM-002-PESC-1993 and its modifications published in the Official Newspaper of the Federation on December 31, 1993 and its modifications published in the Official Newspaper of the Federation on July 30, 1997 and November 28, 2006. So the Personal Identification Document is withheld or a report made of fishing in a prohibited area and the inspection and security personnel is informed to proceed with the legally corresponding actions. Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
7
In this sense, in the period covering 2009 to date, there have been 2 fines impose by violation as covered and sanctioned by Articles 132, Fraction XXXVI, 133, Fraction II and 138, Fraction II of the LGPAS, related to Numeral 4.3.6. of the mentioned NOM-002-PES-1993, whose fines add up to a total of $90,420.00 (NINETY THOUSAND FOUR HUNDRED TWENTY MEXICAN PESOS, NATIONAL CURRENCY). It should be pointed out that SISMEP investigates the information before initiating a verification operative of TED (DET) anywhere in the country, releasing information to inspection and security personnel of CONAPESCA, PROFEPA and SEMAR, thus making the verifications more efficient and with an on-time release for the teams of inspectors on the exact position, rout and speed of the fishing vessels. With nothing more to add, I would like to take this opportunity to send you kind regards and I again inform you that we are always at your disposal for any comment or pertinent clarification.
Sincerely, The General Director, RIBOGERTO GARCIA SOTO, ESQ.
C.c.p.
C. RAMÓN CORRAL ÁVILA- National Commissioner for Aquaculture and Fisheries. For your information Hand delivered. HÉCTOR GUTIÉRREZ AHUMADA- General Coordinator of Operations and Institutional Strategy. For Your information. Hand Delivered. PERSON ASSIGNED TO TAKE THE MINUTES
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
8
Translation of “LETTER FROM SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT, FISHERIES AND FOOD” from “SPANISH” to “ENGLISH”
We, FoxTranslate Inc., a professional translation company, hereby certify that the above-mentioned document(s) has (have) been translated by experienced and qualified professional translators and that, in our best judgment, the translated text truly reflects the content, meaning, and style of the original text and constitutes in every respect a correct and true translation of the original document. This is to certify the correctness of the translation only. We do not guarantee that the original is a genuine document, or that the statements contained in the original document are true. Further, FoxTranslate Inc. assumes no liability for the way in which the translation is used by the customer or any third party, including end users of the translation. A copy of the translation is attached to this certification.
David Abrameto, VP of Operations Fox Translate Inc. Dated: July 23, 2011
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
0
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA] Mazatlán, Sinaloa, July 21, 2011 MR.HOWARD M. JOHNSON Director, Global Programs Sustainable Fisheries Partnership [email protected] PO Box 688 Jacksonville, OR 97530 1-541-899-497 5 Present
[PAGE 1 OF SPANISH LETTER]
Dear Sir, This is in reference to your non-dated written communication sent to this Commission which focuses on several external issues related to shrimp fishing in Mexico, and the use of Turtle Excluder Devices (Dispositivos Excluidores de Tortugas Marinas “DET” by its name and initials in Spanish). With regards to the above mentioned communication, I would like to comment that the National Commission of Aquaculture and Fisheries (CONAPESCA) is an administrative organism decentralized from the Secretariat of Agriculture, Cattle, Rural Development, Fisheries and Food (SAGARPA). It is totally committed with the legality, quality and transparency in charge of promoting and developing coordinating mechanisms with different venues so as to implement policies, programs and norms. These in turn conduct and facilitate the competitive development and sustainability for the fishing and aquaculture sectors so as to increase the welfare of the Mexican people. It also aspires to be recognized by its effectiveness, transparency and trustworthiness in the exercise of its powers granted by provision of Article 37 of the Interior Regulation of SAGARPA; having the same faculties as those established by the General Law of Sustainable Fisheries and Aquaculture; The Regulation of the Law of Fisheries; the Internal Regulation itself; the Decree by which CONAPESCA is created and other applicable provisions and ordinances that entitle this Commission to regulate, empower and manage the whole administration of and the full use of the fishing and aquaculture resources of our country. In this manner, and with the sole purpose of serving to those ends within your environmental competency to orient the programs and actions of CONAPESCA, I immediately allow myself to inform the Non-Governmental Organization (NGO for its initials in English) that you are in charge of, about the public information that is listed in your written request. Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
1
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
Immediate Action Plan [PAGE 2 OF SPANISH LETTER] In November of 2009, Mexico implemented an “Immediate Action Plan” to better serve the recommendations formulated by the Government of the United States of America through its competent agencies regarding the use of TED (DET) by the shrimp fishing fleets. This plan was implemented in the time period of November 2009 to April 2010, with the coordinated participation of the following dependencies and entities:
Secretariat of Agriculture, Cattle, Rural Development, Fisheries and Food, (SAGARPA) through the National Commission of Aquaculture and Fisheries (CONAPESCA), and the National Institute of Fisheries (INAPESCA).
Secretariat of the Environment and Natural Resources (SEMARNAT) through the Federal Environmental Protection Agency (PROFEPA).
Secretariat of the Armed-Navy of Mexico (SEMAR).
Under the “Immediate Action Plan” several convincing measures were applied and oriented towards the strengthening of the TED (DET) verification program in the ocean waters within federal jurisdiction, therefore, increasing the number of shrimp vessel inspections, preferably at night and/or in far out zones; continuing with the courtesy visits to the ships moored on the pier, and advising before the vessels went out to fish; training the inspectors with preventative recommendations before the vessels went out to fish. Training the inspectors in the TED (DET) verification, navigational ability and security of ocean marine life, as well as the better use of information technologies, especially the efficient use of Satellite Localization and Monitoring for Small Vessels (SISMEP) that is operated by CONAPESCA. These allow the use of the information on the whereabouts of the shrimp fishing fleet before they initiate operations in the open sea and before personnel from CONAPESCA, PROFEPA and SEMAR go out to sea. This makes for a more efficient navigation and use of the equipment to inspect the exact spot where the shrimp vessels are operating within the area. Among others, the “Immediate Action Plan” during its application time period, had some outstanding results:
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
2
The participating entities, through their authorized personnel, carried out 1,294 TED (DET) inspections in shrimp fishing vessels. Of these, 481 took place at piers (37.17%) and 813 (62.83%) out at sea. Of all the inspections carried out at sea, 546 were made during the day (67.14%), and 267 at night (32.84%).
Experts from the National Oceanic and Atmospheric Administration (NOAA) from the United States of America trained 7 Federal Fisheries Officers for CONAPESCA, and 8 Federal Inspectors for PROFEPA. These were all trained so that they in turn could transmit their knowledge to the Mexican inspection teams regarding TED (DET).
130 Federal Officers of Fisheries of COPANESCA were trained and 63 Federal Inspectors and 15 PROFEPA lawyers were all trained in the use of TED (DET) verification material.
SISMEP handed in 509 Information Reports to the authorized personnel of the different dependencies and entities that participated in the inspection and security operatives.
Program for TED Verification 2010-2012 In January 2010, Mexico established a “Working Program of TED Verification 2010-2012” that began that same month with the coordinated participation of SAGARPA through CONAPESCA and INAPESCA; SEMARNAT through PROFEPA, and SEMAR. “2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT FISHERIES AND FOOD NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY LETTER DVIV/03101/2011
[SEAL: (EMBLEM) UNITED MEXICAN STATES] THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
[PAGE 3 OF SPANISH LETTER] During this program there were permanent applied actions that were oriented toward reaching an optimum level of comparison between Mexico and the United States of America in compliance with all the legal provisions that regulate the use of TED (DET), by the authorities as well as the industry. Some of these actions refer to, but are not limited to, increasing ocean inspections regarding the use of TED (DET). To permanently train the inspectors regarding verification, navigation and ocean security as well as the ship owners, captains and crews and netters in new design technologies, construction, installation and use of TED (DET); keep the SISMEP operational; strengthen the communication outreach for the normative uses; strengthen the Certifications of TED (DEP) before they are issued for the shrimp fishing vessels’ permissions to leave. Implement a “Zero Tolerance Policy,” based on the strict application of the law in terms of cancelling permits to those captains of vessels that violate the law. Impose fines for ship owners, as well as, in your case, Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
3
confiscation of vessels, fishing materials, fishing products and or revocation of, or suspension of permits and/or concessions for fishing, as well as to propitiate the co-responsible participation of the fishing sector. The consolidated advances in the application of the “Working Program of TED (DET) Verification 2010-2012”, obtained through the coordinated effort of CONAPESCA, PROFEPA and SEMAR, result in the following really noticeable results:
In the shrimp fishing season on open seas 2010/2011, PROFEPA issued TED (DET) certifications to 1,197 shrimp vessels. These certifications were issued only by prior verification and fee payment and in compliance with the Mexican Official Norm NOM-061-PESC-2006 and that are required so the vessels can obtaind their fishing permit through The Secretariat of Communications and Transportation (SCT). The verifications that were carried out in order to issue the certificate are not included in the inspection results.
In the shrimp fishing season of 2010/2011, 1,986 DET (TED) inspections were carried out on shrimp fishing vessels, taking place at the piers were 719 (36.20%) and 1,267 out at sea (63.80%). Of the 1,267 inspections carried out at sea, 762 were carried out during the day (60.14%) and 505 at night (39.86%). Of the 1,986 inspections carried out by CONAPESCA, PROFEPA and SEMAR, infractions were observed in only 16 vessels, that is to say of the 0.80%* of the verifications that were carried out. During these verifications, there were no products or sub-products of marine turtles either in the nets or on board the vessels.
EXPLANATORY NOTE: In your communication you mention that during the shrimp fishing season for 2010/2011, PROFEPA carried out 861 inspections and found 74 vessels with TED (DET) infractions. This information is incorrect, as confirmed with that office. The correct information is the one that PROFEPA carried out during that season, with 889 inspections to shrimp vessels and found only 8 vessels with probable TED (DET) infractions. These cases are being processed by the Attorney’s office and in compliance with the law, to determine once the interested parties have spent their right to an audience, whether or not the lawful sanctions will be applied.
[TRANSLATOR’S NOTE: In item 2, where it reads 0.80% of the verifications carried out there could be mistake in the numbers which could read 0.08% of the 889 vessels and not 80% were found to be infractors. ]
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
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“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
[PAGE 4 OF SPANISH LETTER]
In 2010 there were 22 training workshops given regarding for TED (DET) given to 1,349 recipients through SEMAR.
In 2010 in the Training Program in Construction, Installation and Efficient Use of TED (DET), 6,697 captains or ship owners of shrimp vessels, crews and netters. Recently, the continuation of the program has been started for its exercise in 2011, the stage in which 448 fishermen have been trained up to date.
In 2010 there were 15 training workshops in Basic Sea Safety for 210 Federal Fishing Officers of CONAPESCA (with 100% attendance), and being given their Permit Booklets Type B by the Secretariat of Communications and Transportation, as Speedboat Operators.
As of 2010 to the present, in terms of the material for infractions of TED (DET), CONAPESCA has fined 73 owners and or captains and patrons of shrimp vessels, for a total of $3,567,766.01 (THREE MILLION, FIVE HUNDRED SIXTY-SEVEN THOUSAND, SEVEN HUNDRED SIXTY-SIX AND ONE CENT MEXICAN PESOS). It has also cancelled nineteen ocean Permit Booklets to captains aor owners of shrimp fishing vessels and has confiscated one vessel; 39 nets; 37 TED (DET) and, 35,259.85 kilograms of products obtained from fishing.
The sanctions applied to CONAPESCA for violations with the TED (DET) are found in the General Law of Sustainable Aquaculture (LGPAS), which became effective on October 22, 2007. With respects to the same, and as agreed per Article 133 of the LGPAS, SAGARPA throughCONAPESCA, will administratively sanction all infractions committed against this law, its Regulation and the official Mexican norms that are derived from it, with one or more of the following sanctions: reprimand and warning; fine; extra fines for everyday the infraction persists; administrative arrest of up to thirty-six hours; temporary closure or definitive closure, partial or total, of the installation and/or of the installations in which the violations occurred; the confiscation of vessels, vehicles, articles related to fishing and/or products obtained from aquaculture and fishing and directly related to the violation(s) and, suspension or revoking of permits, concessions and corresponding authorizations. Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
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Likewise, in compliance with the third paragraph of Article 147 of LGPAS, the captain may be sanctioned or the owner of the fishing vessels involved in the violations may have their permits for carrying out fishing activities cancelled, nor will the permits for the fishing vessel’s crews be granted. In this context, I inform you that said sanctions are applied without any type of impediment caused by the fact that the General Law of Fisheries and sustainable Aquaculture has as yet not been issued, since LPGAS establishes in its Sixth Transitory Article, that while said Regulation is being issued, the Regulation of the Law of Fisheries published in the Official Newspaper of the Federation on September 29, 199, remains active in all that does not contravene the provisions of said Law.
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT [SEAL: (EMBLEM) FISHERIES AND FOOD UNITED MEXICAN STATES] NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY THE SECRETARIAT OF AGRICULTURE, CATTLE, LETTER DVIV/03101/2011 RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
TED (DEP)
[PAGE 5 OF SPANISH LETTER]
At present, in Mexico, with SAGARPA through CONAPESCA there is an impulse towards the Draft Project for Modifying the Official Mexican Norm NOM-002-PESC-1993 to order the advantageous use of the shrimp species in the waters of the Federal jurisdiction of the United Mexican States, published in the Official Newspaper on December 31 of 1993, and its modification published in the Official Newspaper of the Federation on the days of June 30 1997 and, November 28 of 2006. This disposition contemplates the use of (Fish) Excluding Devices (DEP) to reduce the fishing operations of netting in the ocean, the incidental captures of any accompanying fauna, and whose use has been discussed that It should be made obligatory three years after such modification becomes enforceable. Once the provision is obligatory, its non-compliance will be sanctioned in conformity with Articles 132, Fraction XXVI, 133, Fraction II, and 138, Fraction II of the LGPAS. Once the Provision becomes mandatory, this will place Mexico at the vanguard in the use of the selective fishing arts in the operations of net shrimp fishing, considering that the use of TEP (DEP) is not mandatory in several countries throughout the world.
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
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SISMEP The system for Satellite Localization and Monitoring of Fishing Vessels (SISMEP) is regulated by the Official Mexican Norm NOM-062-PESC-2007, for the utilization of the System of Satellite Localization and Monitoring for Fishing Vessels, published in the Official Newspaper of the Federation on April 28, 2008. Said Norm’s observance is obligatory for all concessionaires and permit providers that carry out fishing activities except those of sport-recreation, in fishing vessels with stationary motor (onboard), potential nominal superior to 80 Hp with a covered main deck and length greater than 10.5 meters. It should operate in jurisdictional waters in the Pacific Ocean, Gulf of Mexico and Caribbean Sea, and inside the Exclusive Economic Zone, as well as for those Mexican flagged vessels that carry out fishing activities out in the ocean. Not having the proper specialized equipment for satellite monitoring when that is established by the regulatory provisions or the concession or corresponding permit, constitutes a foreseeable administrative violation sanctioned by Articles 132, Fraction XXVII, 133, Fraction II and 138, Fraction II of the LGPAS, with a fine equivalent to 101 to 1,000 days of the daily minimum wage salary . Regarding that, during the course of the year 2009 to date, there have been 8 fines imposed by the previous violation, ascending to a total amount of $226,438.60 (TWO HUNDRED TWENTY-SIX THOUSAND, FOUR HUNDRED THIRTY-EIGHT AND SIXTY CENTS MEXICAN PESOS, NATIONAL CURRENCY).
“2011, THE YEAR OF TOURISM IN MEXICO”
[LOGO: CONAPESCA]
THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT FISHERIES AND FOOD NATIONAL COMMISION OF AQUACULTURE AND FISHERIES GENERAL HEADQUARTERS OF INSPECTION AND SECURITY LETTER DVIV/03101/2011
[SEAL: (EMBLEM) UNITED MEXICAN STATES] THE SECRETARIAT OF AGRICULTURE, CATTLE, RURAL DEVELOPMENT, FISHERIES AND SECURITY [LOGO: SAGARPA]
[PAGE 6 OF SPANISH LETTER]
Although SISMEP operates 24 hours a days and 365 days a year, monitoring the fishing fleets operations and, when it does detect some vessel in the restricted fishing zone, for example one where shrimp fishing with nets or dragnets inside the marine corridor between zero and five fathoms deep (9.2 meters) or inside an area that has a radius of 5 miles (9.25 kilometers) around the outlets that join the ocean with bays, coastal lagoons, marsh valleys, rivers and streams covered in Numeral 4.3.6 of the Official Mexican Norm NOM-002-PESC-1993 and its modifications published in the Official Newspaper of the Federation on December 31, 1993 and its modifications published in the Official Newspaper of the Federation on July 30, 1997 and November 28, 2006. So the Personal Identification Document is withheld or a report made of fishing in a prohibited area and the inspection and security personnel is informed to proceed with the legally corresponding actions. Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
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In this sense, in the period covering 2009 to date, there have been 2 fines impose by violation as covered and sanctioned by Articles 132, Fraction XXXVI, 133, Fraction II and 138, Fraction II of the LGPAS, related to Numeral 4.3.6. of the mentioned NOM-002-PES-1993, whose fines add up to a total of $90,420.00 (NINETY THOUSAND FOUR HUNDRED TWENTY MEXICAN PESOS, NATIONAL CURRENCY). It should be pointed out that SISMEP investigates the information before initiating a verification operative of TED (DET) anywhere in the country, releasing information to inspection and security personnel of CONAPESCA, PROFEPA and SEMAR, thus making the verifications more efficient and with an on-time release for the teams of inspectors on the exact position, rout and speed of the fishing vessels. With nothing more to add, I would like to take this opportunity to send you kind regards and I again inform you that we are always at your disposal for any comment or pertinent clarification.
Sincerely, The General Director, RIBOGERTO GARCIA SOTO, ESQ.
C.c.p.
C. RAMÓN CORRAL ÁVILA- National Commissioner for Aquaculture and Fisheries. For your information Hand delivered. HÉCTOR GUTIÉRREZ AHUMADA- General Coordinator of Operations and Institutional Strategy. For Your information. Hand Delivered. PERSON ASSIGNED TO TAKE THE MINUTES
Av. Camarón Sábalo sin número, esquina Tiburón. Fraccionamiento Sábalo Country Club Sexto Piso, Mazatlán, Sinaloa, C.P. 82100 Tel (669) 9156900 Exts. 58301 and 28302 www.conapesca.gob.mx
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