EcoWatch
23
NOM-029-PESCA-2006
Shark and Ray Fishing Regulation Goes into Effect,
Creating a Potentially Devastating Blow to the
Embattered Fisheries of the Sea of Cortez. |
Against tremendous public outcry,
NOM-029-PESCA-2006 went into effect on May
15th. This regulation, promoted as a way to stop the
over-exploitation of sharks and rays, was rejected
during the last two Presidencies, but strongly supported
by commercial fishing interests in Ensenada, Sinaloa,
Sonora, Mexican Fisheries (CONAPESCA) and some
Mexican and United States NGOs.
The people of Baja California Sur and some NGOs believe that
NOM-029 is a deeply flawed regulation that will have devastating consequences
for shark and ray populations. Several clauses of NOM-029
will change current law in ways that will have profound negative effects
on sharks and rays and other fish populations. Most Baja Mexicans and
some NGOs believe these clauses are the real reason commercial fishing
interests support this law, and that they will act as “Trojan Horses” to
ultimately reverse the intended effects of the law.
THE THREE “TROJAN HORSES”
By-catch: NOM-029 does not restrict by-catch, allowing all
“incidental” by-catch to be kept. By-catch runs about 60 to 80%.
According to the INP National Report in 1999, two longliners out of
Magdalena Bay killed 11,743 striped marlin in 9 months. This
comprised 77.5% of the total catch. Panga longliners with shark
permits from Manzanillo kill 80% sailfish, according to INP senate
testimony, and sell 150 to 200 tons every month, according to Profepa.
Reduction in Protected Zones: Under current regulations no
commercial fishing vessels are allowed to fish for or possess marlin,
sailfish, dorado and other protected species within the 50-mile conservation
zones. The only allowed fishing was under sportfishing bag
limits. This law provided strong protection to a wide variety of
marine life. Under NOM-029, these species can be targeted and
retained. Commercial boats less than 30' can come within 10 miles of
shore with longlines (section 4.2.1). Commercial longline boats
between 30' and 89' can fish as near as 15 miles from the shore in the
Sea of Cortes, and within 20 miles of the west coast of the Baja (4.7.3).
Current Permits: Section 4.3.1 of the
new regulation restricts the issuance of new
shark permits. However, according to reliable
sources in the fishing industry, there are
approximately 4,200 boats that will be fishing
from existing shark permits. 308 permits
have been issued to fishing boats over 89 feet,
and 225 permits to boats 89 feet or less. More
than 600 permits have been issued to pangas
(22' to 30'), with 6 pangas able to work from
one permit. Based on current fishing
practices, this means there are can be more
than 1.5 million hooks in the Sea of Cortez
on any one day, fishing for sharks, rays and
other species.
The rationale for those promoting this
regulation has been “something is better
than nothing, and this is only a start”.
Opponents point out, however, that the regulation
will likely increase the overall fishing
pressure on the fisheries it aims to protect.
This is particularly true for fisheries inside
the current 50-mile protected zone, which
will become new targets for commercial
fishing. Shark populations will face more
depletion. Longline boats will continue to
rely on high levels of by-catch (billfish and
dorado) that will deplete sport fisheries and
negatively impact tourism.
The people of Baja California Sur are
working together to get these regulations
revised. Once NOM-029 became law, permits
were issued to at least 225 medium-sized
fishing boats. As it stands now, commercial
boats will be able to fish under an “amparo” for
at least a full year.
The people from BCS are demanding an
immediate cancellation or suspension of the
Shark Norma until the following modifications
are included:
1. The 50-mile zones already in the law be
respected. This protects sharks as well as
all other species which live inside 50 miles
of the coast.
2. Incidental by catch be clearly defined, so
that sportfish aren’t commercially targeted.
3. Sportfishing species which have been
set aside by the Ley de Pesca for sportfishing
are to be respected and not
commercialized.
4. Regionalization of permits, so that
Sinaloan or Sonoran boats, where there
are even fewer fish, can't come and
overfish Baja waters.
5. The Armada de Mexico be in charge of
inspection and vigilant enforcement.
6. Solid stock assessment and fishing effort
data be compiled in a comprehensive
environmental impact study which so far
is not included.
SeaWatch’s founder Mike McGettigan
notes that in May alone, SeaWatch members
and friends sent over 171,000 e-mail
messages to Mexican government officials
requesting changes to NOM-029.
Although NOM-029 has
taken effect, the Mexican
government, because of
such strong opposition,
is now considering
changes to alleviate the
most harmful aspects of
this regulation.
Mexico's Conapesca
has issued a press release that
describes some of the modifications
being considered. They are willing to
address incidental by-catch, regionalization
of shark permits and prohibiting the
commercialization of billfish, but nothing
about the number of permits already
issued. Legally, this process will continue
one year before any changes can be made.
“During the next year, as we understand
it, boats with existing shark permits (several
thousand) can be fishing with longline gear
to within 15 miles of the shore in the Sea of
Cortez and to within 20 miles of shore on the
outside of the Baja, catching and keeping
dorado, sailfish and marlin, their real targets,”
says Mike.
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