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Identifier
Created
Classification
Origin
06MANAGUA486
2006-03-06 12:19:00
CONFIDENTIAL
Embassy Managua
Cable title:  

NICARAGUAN TEDS REGULATOR RESIST PRESSURE FROM

Tags:   NU  EFIS  ETRD  SENV 
pdf how-to read a cable
VZCZCXYZ0005
RR RUEHWEB

DE RUEHMU #0486 0651219
ZNY CCCCC ZZH
R 061219Z MAR 06
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC 5483
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHUL/AMEMBASSY SEOUL 0053
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
						C O N F I D E N T I A L MANAGUA 000486 

SIPDIS

SIPDIS

COMMERCE FOR NATIONAL MARINE FISHERIES SERVICE OFFICE OF
PROTECTED RESOURCES - ROBERT HOFFMAN

E.O. 12958: DECL: 02/24/2016
TAGS: NU EFIS ETRD SENV
SUBJECT: NICARAGUAN TEDS REGULATOR RESIST PRESSURE FROM
KOREAN SHRIMPING COMPANY

REF: SECSTATE 30607

Classified By: Ambassador Paul A. Trivelli for reasons 1.4 (b and d)



1. (C) During a February 22 meeting with ECONOFF, Director
General Miguel Marenco of the Nicaraguan Fisheries Agency
(ADPESCA) described a disturbing turn of events related to
Nicaragua's turtle excluder device (TED) program. According
to Marenco's account, the Korean-owned shrimp company CONIC
currently faces $40,000 in fines for violations of
Nicaragua's TEDs law, but is vigorously fighting any attempt
to collect the fees. CONIC's efforts range from using the
legal administrative appeals process, to a sending letter to
the President of Nicaragua complaining that Marenco is
violating his charge as a public servant, to allegedly
offering Marenco a $10,000 bribe and threatening him with
prosecution and even violence. It is likely that the
administrative appeals will be advanced from ADPESCA, which
is a subunit of the Ministry of Trade (MIFIC), to the
Minister of Trade, and eventually to the Nicaraguan Supreme
Court (CSJ). While ADPESCA is standing firm, Marenco is
concerned about what could happen once the appeal leaves his
control. He has consequently requested a letter from the
Ambassador to the Minister of Trade to emphasize the danger
to Nicaragua's shrimp interests should the GON back down on
enforcement of the TEDs law - - We are drafting such a note.



2. (C) While post has no reason to doubt the transparency of
the MIFIC appeals process, Marenco seems genuinely concerned,
and the Nicaraguan courts are known to be subject to improper
influence. Given the CSJ's susceptibility to improper
influence in its decision making, it is not unforeseeable
that the court could spare CONIC from having to pay its
fines, which could in turn conceivably affect Nicaragua's
ability to export shrimp to the US under Section 609 of P.L.
101-162.



3. (C) Post would appreciate any insights Embassy Seoul might
have on the issue of this Korean firm evading a legitimate
fine, and whether an approach to the Korean government might
be in order.

TRIVELLI