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DECREE by which the region known as Archipiélago de
Revillagigedo [Revillagigedo Archipelago], composed of four
areas: San Benedicto Island, Clarión or Santa Rosa
Island, Socorro or Santo Tomás Island and Roca Partida
Island, is declared a protected natural area with the character
of biosphere reserve.
(In the margin, a seal with the National Shield which says:
United Mexican States - Presidency of the Republic.)
I, CARLOS SALINAS DE GORTARI, Constitutional President of
the United Mexican States, exercising the authority conferred
on me by Article 89 (I) of the Political Constitution of the
United Mexican States, based on the provisions of Articles
and
CONSIDERING
That the National Development Plan 1989-1994 establishes that
planning and execution of government action on environmental
matters must be done under the basic premise that natural
resources form a fundamental strategic reserve for national
sovereignty and integral development of the country, consolidation
of the National Protected Natural Area System is therefore
proposed, as is implementation of programs for conservation,
management, and administration of said areas.
That the region known as "Archipiélago de Revillagigedo,"
located in the Pacific Ocean, which includes the Socorro or
Santo Tomás, San Benedicto or Anublada, Clarión
or Santa Rosa and Roca Partida Islands has a wealth of species
of land and marine flora y fauna with a high biological value,
some of them unique in the world.
That in the land portion of said region are located types
of vegetation, some of them endemic, with a high value to
the preservation of ecological equilibrium, like those that
are located in arid, halophyte, brake, shrub, meadowland,
pastureland and woodland zones, as well as fauna rich in reptiles,
mammals, and insects.
That in the marine portion of said region there is a large
variety of algae; coral; annelids like polychaeta; echinoderms;
crustaceans; mollusks; mammals like whales, Orcas and dolphins;
sharks; and a wide range of scaled fish.
That the ecosystem has suffered damage due to introduction
of some animal species that have caused extinction of birds,
particularly the Grasson dove and reduction of the cenzontle
population.
That the Ministry of the Navy did technical studies from which
the necessity is shown of establishing the protected natural
area, with the character of National Marine Park, named "Archipiélago
de Revillagigedo," the delimitation of which is provided
on the official map that is in the National Ecology Institute,
in order to preserve the natural environment of the zone;
protect and conserve its land and aquatic flora and fauna;
safeguard the genetic diversity of species; and provide a
field appropriate for scientific research and the study of
the ecosystem and its equilibrium.
That the Ministry of Social Development, in coordination with
the Ministries of Interior, Navy, Agriculture and Hydraulic
Resources, Communications and Transportation, and Fisheries,
has proposed to the Federal Executive Branch which is my responsibility
the incorporation of the zone known as "Archipiélago
de Revillagigedo" into the National Protected Natural
Area System, with the character of Biosphere Reserve, and
therefore I have deemed it appropriate to issue the following
DECREE
ARTICLE FIRST.- It being in the public interest, the region
known as "Archipiélago de Revillagigedo"
is declared a Protected Natural Area with the character of
a Biosphere Reserve, which includes a total area of 636,685-37-50
hectares, made up of four areas identified as: San Benedicto
Island, with a total area of 137,002-00-00 hectares, including
a nuclear zone of 39,915-87-50 hectares and its corresponding
buffer zone; Clarión or Santa Rosa Island, with a total
area of 161,345-87-50 hectares, which includes a nuclear zone
of 47,501-12-50 hectares and its corresponding buffer zone;
Socorro or Santo Tomás Island, with a total area of
225,701-00-00, including a nuclear zone of 89,841-50-00 hectares
and its corresponding buffer zone; and Roca Partida Island,
with a total area of 112,636-50-00 including a nuclear zone
of 28,236-50-00 hectares and its corresponding buffer zone,
the analytical-topographical description of which is the following:
ARTICLE SECOND.- The management, conservation, development
and oversight of the "Archipiélago de Revillagigedo"
Biosphere Reserve shall be the responsibility of the Ministry
of Social Development, with participation from the Ministries
of Interior, Navy, Agriculture and Hydraulic Resources, Communications
and Transportation, and Fisheries.
Said agencies of the Federal Executive Branch shall jointly
formulate the management program for the area, inviting research
and higher education institutions, researchers and specialists
to participate in its preparation and fulfillment of its objectives,
along with representatives of interested public groups, executing
the cooperative agreements that are appropriate;
ARTICLE THIRD.- The management program for the "Archipiélago
de Revillagigedo" Biosphere Reserve must include at least
the following:
I. Description of the physical, biological, social and cultural
characteristics of the Biosphere Reserve, in the national,
regional and social context;
II. Actions to be performed in the short, mid- and long term,
establishing their connection to the National Democratic Planning
System. Said actions shall include research, use of resources,
extension, diffusion, operation, coordination, follow-up and
control;
III. The specific objectives of the Biosphere Reserve;
IV. The rules for use of the land and aquatic flora and fauna,
for protection of the ecosystems, and those intended to avoid
contamination of soil and waters;
V. An inventory of the aquatic fauna and flora species found
in the zone;
VI. The requirements that applicants for concessions, permits,
or authorizations must comply with for exploitation, extraction,
or use of the resources of the Biosphere Reserve, in accordance
with the applicable legislation;
VII. Activities permitted inside the Biosphere Reserve;
VIII. The restrictions on construction, occupation, and operation
of marine installations and other kinds of building; and
IX. Activities for protection of ecosystems and their elements
for scientific research and ecological education.
ARTICLE FOURTH.- The Ministry of Social Development shall
not authorize execution of public or private construction
in the nuclear zones of the "Archipiélago de Revillagigedo"
Biosphere Reserve.
ARTICLE FIFTH.- Any plan for public or private construction
planned inside the buffer zones of the Reserve must have,
prior to its implementation, the corresponding environmental
impact statement pursuant to the General Law of Ecological
Equilibrium and Environmental Protection and its Regulations
on Environmental Impact.
ARTICLE SIXTH.- The works and activities that are done in
the buffer zone of the "Archipiélago de Revillagigedo"
Biosphere Reserve must be subject to the guidelines established
in the area management program and the applicable legal provisions.
ARTICLE SEVENTH.- Foundation of new population centers shall
not be authorized in the Biosphere Reserve.
ARTICLE EIGHTH.- The productive activities performed in the
buffer zones of the "Archipiélago de Revillagigedo"
Biosphere Reserve; the activities for preservation of ecosystems
and their elements; scientific research and ecological education;
and use of the wild fauna and flora for research and experimental
purposes shall be subject to the restrictions set forth in
the management program and the applicable Official Mexican
Standards.
ARTICLE NINTH.- The Ministry of Social Development shall promote
establishment of closed season on land fauna and flora and
for forestry use in the "Archipiélago de Revillagigedo"
Biosphere Reserve, attending to the technical studies done
in coordination with the Ministry of Agriculture and Hydraulic
Resources.
ARTICLE TENTH.- The use, exploitation, and use of the national
waters located in the Reserve shall be governed by the legal
provisions applicable on the subject and shall be subject
to:
I. The Official Mexican Standards for conservation and use
of wild flora and fauna and their habitat, as well as those
intended to avoid water contamination;
II. The policies and restrictions for protection of wild flora
and fauna species that are established in the management program
for the Reserve; and
III. The cooperative agreements for ecosystem protective actions
which are executed with the productive sectors and academic
and research institutions.
ARTICLE ELEVENTH.- Within the Biosphere Reserve, it is prohibited
to dump or discharge contaminants into the soil and subsoil,
or into the sea, and into any kind of standing or running
water, and to perform contaminating activities.
ARTICLE TWELFTH.- The competent agencies shall only grant
permits, licenses, concessions and authorizations for exploitation,
exploration, extraction or use of natural resources in the
Biosphere Reserve pursuant to the provisions of the General
Law of Ecological Equilibrium and Environmental Protection,
this decree, the Reserve management program, and the other
applicable legal provisions.
ARTICLE THIRTEENTH.- In the Biosphere Reserve, sports fishing
shall be permitted, as shall commercial fishing for ichthyic
and mollusk species, in the areas, seasons and subject to
the limits, skills, equipment and methods established in the
management program, closed season notices, Official Mexican
Standards, and the other applicable legal provisions.
ARTICLE FOURTEENTH.- In the "Archipiélago de Revillagigedo"
Biosphere Reserve, establishment of fish farms may be authorized
for cultivation of mollusks, fish, crustaceans, algae, and
other species that may be used for the repopulation of the
area.
ARTICLE FIFTEENTH.- Recreational activities in the "Archipiélago
de Revillagigedo" Biosphere Reserve may only be performed
in accordance with the guidelines established in the management
program for the area.
ARTICLE SIXTEENTH.- The navigation channels and areas established
in the Biosphere Reserve shall continue in use, and the anchorage
area must be delimited.
ARTICLE SEVENTEENTH.- The final disposal of solid waste produced
by the desilting of the navigation channels located in the
"Archipiélago de Revillagigedo" Biosphere
Reserve must be removed outside the boundaries of the territorial
sea.
ARTICLE EIGHTEENTH.- Violations of the provisions herein shall
be administratively sanctioned by the competent authorities
pursuant to the General Law of Ecological Equilibrium and
Environmental Protection, the General Law of National Assets,
the Hunting Law, the Forestry Law, the Federal Sea Law, the
Law of General Means of Communication, the Navigation Law,
the Fisheries Law, the Law of National Waters, the Regulations
to Prevent and Control Ocean Contamination by Pouring Out
Waste and other Materials, and the other applicable legal
provisions.
TRANSITION ARTICLES
FIRST.- This Decree shall become effective on the day following
its publication in the federal Diario Oficial.
SECOND.- The management program for the "Archipiélago
de Revillagigedo" Biosphere Reserve must be created in
a period of 365 calendar days counted from and after the effective
date of this Decree.
THIRD.- The Ministry of Social Development shall proceed to
process registration of this Decree in the public registries
of federal property and in the National Protected Natural
Area System within a period of 90 calendar days counted from
and after its publication in the federal Diario Oficial.
FOURTH.- The administrative provisions that are contrary to
the provisions hereof are derogated.
Given at the Residence of Federal Executive Power in Mexico
City, Federal District, on the fifth day of the month of June,
nineteen hundred and ninety-four.
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