Without the perception of “a rule of law” the Sea of Cortes has no chance. The Guardianes del Mar program will help provide that at the local level. Sea Watch pledges $50,000/year for this absolutely critical program.

Under current Mexican law, it is illegal for commercial longliners and drift gillnetters, to take fish reserved for sports fishing within fifty miles of the coast and in the core management areas and within 12 miles of the Revillagigedo Islands. None of this is currently enforced and longliners and drift gillnetters are taking tens of thousands of marlin, turtles and other sportsfish illegally each year.

Small commercial fishing pangas and sportsfishing boats are required to carry fishing permits and abide by daily and seasonal catch limits and other regulations and are also prohibited from taking sports fish. These fishing laws, however, are currently not enforced, up 1000s of pangas using longlines are targeting sailfish and dorado. The amazing Sea of Cortez and it's surrounding waters continue to be systematically and rapidly destroyed.

Currently all Mexican fisheries enforcement is done at the federal level through Pesca (Federal Fisheries) and Profepa (Federal Attorney General) for endangered species. They have not been able because of limited manpower, lack of political will and corruption to enforce existing laws.

The Guardianes Del Mar or Guardians of the Sea program will be the human compliment to Vessel Monitoring System . It will start as a pilot program that involves the civil society and it will be initiated in La Paz Mexico, BCS. BCS is the only state that derives almost all it's income from tourism and sportsfishing and has the political will to try to change the rampant destruction. It is being set up under the auspices of the Federal and State Governments and will be overseen and funded by the private sector. It will report to the “Consejo Estatal de Pesca y Acuacultura” in La Paz

Guardianes Del Mar or Guardians of the Sea will be the rough equivalent to a State Fish and Game Department in the United States. This program will empower trained citizens and paid officers to help enforce fisheries and environmental laws and regulations. Officiers will attend training programs, where they are educated about Mexican fishing and environmental laws and how to recognize violations. They will be taught to gather data and make legal denouncements before the authorities. After completing the program, they will be issued certifications and uniforms as well as access to boats and cars. Oversight and accreditation will be handled by Profepa, the agency within the Department of Environment responsible for protection of endangered species.

Sea Watch, is currently working with Luis Fueyo, an Attorney General with Profepa and with the Guillermo Alvarez, to design and fund Guardianes Del Mar. Sea Watch has pledged $50,000/year for three years to fund this program. Other funding for the program will be provided by Profepa, other government agencies, Hotels, sportsfishing asociations and other private interests.

Without active enforcement of existing laws and the the introduction of new ones, there is no hope for the Sea of Cortez and it's fisheries. Because of total federal control, corruption, limitations in funds and personnel, it has been impossible to impose a rule of law in the Sea of Cortez. Guardianes Del Mar will be the extra eyes and ears of enforcement.

Guardianes Del Mar, along with VMS, are an inexpensive and practical solution to the problem of enforcement with limited government resources. It maybe the only way to protect and preserve the diversity and abundance of life in the Sea of Cortez for future generations.

To learn more about how you can help click here . See below for more information about Guardianes Del Mar.

Guardianes Del Mar Detailed

Objective

Empower volunteer groups and paid officers to report illegal activities and make those reports admissible in court.

Training

Persons will be accredited by PROFEPA and educated in the law with respect to permits, licenses, concessions, inspections, and sanctions and the various agencies involved in all of the above.

The training program, to be conducted by Profepa, will include education in regards to the basic understanding of constitutional principles, the Popular Denunciation mechanism, regulations relevant to natural resources, and the "Ley de Pesca" - fisheries law.

Following the training, candidates will be evaluated based on their understanding of the laws, honesty, and commitment to protect the natural environment.

Recruitment

Profepa will be responsible for sending inspectors into various communities to promote their participation in the program. Additionally, Profepa will work with institutions of higher learning to appeal to recent graduates to become voluntary monitors and paid officers

Oversight

The program will be overseen by a governing body, Committee of Participatory Monitoring, that will include a President, Secretary, Treasurer, representatives from various environmental groups and others as may be required.

The committee will have the following responsibilities:

-Develop the orientation program
-Assist in meetings to analyze any problems with the program
-Participate in the selection of monitors and officers
-Formulate Popular Denunciations
-Write reports on the progress of the program to Profepa and to the State commission on fishin and aquaculture.
-Support Profepa in it's inspections and special operations as may be required

In turn, this committee will be headed by the President of the Governing Body or Mesa Directiva. His or her responsibilities will be to:

-Represent the Committee before various authorities
-Hold planning meetings
-Participate in evaluation meetings with various authorities
-Coordinate actions of the state Profepa Subdelegate for Inspection and Monitoring
-Formulate, with the state delegate of Profepa, Popular Denunciations procedures according to Chapter VII of LGEEPA.
-Report on the committees activities, including Popular Denunciations it has received and recommendations for changes in existing and new regulations.

The Assistant Attorney General for Natural Resources along with State Delegates for Profepa will design the framework for evaluating the success of the program.

Legal Context

The legal framework for Guadianas del Mar can be found in the following:

-The Mexican Constitution Articles 4, 25, and 26
establishes the right to personal development and well-being

-La Ley General de Equilibrio Ecologico, Article 1
establishes the collective and individual right to participate in the preservation and restoration of the natural environment.

- La Ley General de Equilibrio Ecologico, Article 189
establishes the legal mechanism for Popular Denunciation in relationship to the natural environment.

- La Ley General de Vida Silvestre
urges the social participation in conservation programs

- La Ley Forestal, Article 1
urges an increase in social participation in the protection, conservation, restoration, and improvement of natural resources

-El Plan Nacional de Desarrolo, el Programa Nacional de Medio Ambiente y Recursos Naturales y el Programa de Procuracion de Justicia Ambiental 2001-2006

establishes publics policies to stimulate the social participation in the care and conservation of the natural environment and natural resources, specifically in the monitoring of the compliance of the environmental law.

In this context, it is the obligation of Procuraduria to orchestrate the mechanisms to enable individual participation of those interested in helping authorities with the conserving and restoring the natural environment.

For more information about how you can help on this program, Guardianes Del Mar, contact SeaWatch .