MEXICAN RESPONSE TO RESULTS OF OCTOBER 2009

UNCLAS MEXICO 003400 SENSITIVE, SIPDIS STATE FOR WHA/MEX - Poynter STATE FOR OES/OMC - J. Hogan/D. Hogan DOC FOR NOAA AND NMFS E.O. 12958: N/A TAGS: SENV EFIS ETRD MX SUBJECT: MEXICAN RESPONSE TO RESULTS OF OCTOBER 2009 GULF-SIDE TURTLE EXCLUDER DEVICE CERTIFICATION VISIT REFS: a) state 112457; b) 08 state 4855; c) 08 state 39737 ¶1. (SBU) Summary: Embassy called on the Director General of Enforcement at PROFEPA (Mexican Federal Agency for Environmental Law Enforcement) and on the Fisheries Commissioner in CONAPESCA (Mexican Fisheries Commission) with the results of the TEDs verification visit made to ports in the Gulf states of Tamaulipas and Veracruz (Ref A). While both officials acknowledged the failures referenced, they separately expressed their willingness to work more closely with U.S. officials, made reference to Mexico's overall efforts in protecting sea turtles, noted evidentiary hurdles posed by Mexican law, and expressed their hopes that these efforts - combined with the results obtained from the inspection visit to the Pacific ports during November 15-23 - will enable a positive final recommendation from the U.S. side. End summary. ¶2. (SBU) On November 5, ESTH Counselor, Science Affairs Officer, and Science Affairs Specialist met with Javier Sosa, Director General for Wildlife and Fisheries Enforcement of the Environmental Attorney General's Office (PROFEPA) to present the results of the TEDs inspection visit made during October 18-24, 2009, to Matamoros, El Mezquital and Tampico on the Gulf coast of Mexico. During the meeting, Sosa acknowledged the deficiencies and irregularities referred to in the demarche. However, he indicated that, according to Mexican law, such circumstantial evidence cannot be considered as fact for purposes of prosecution. He said that PROFEPA is working on internal regulations that would include the ability to formally prosecute cases without having to depend on the Attorney General's Office (PGR),to conduct investigations that would lead to an improved enforcement program, and to increase penalties. He also informed the Embassy about the recent purchase of new equipment and vessels that will allow a better monitoring of shrimp boats. Sosa also requested technical assistance to help Mexico meet certification criteria and the exchange of technical personnel to share/compare experiences. ¶3. (SBU) Fisheries Commissioner Ramon Corral, demarched on November 19, also expressed his concerns about the deficiencies encountered by the U.S. team during their visit to the Gulf ports, and indicated that he was hopeful that the results from the inspection in the Pacific ports would be much more positive. Corral expressed his desire to strengthen the relationship between fisheries authorities and the fishing industry, and said that CONAPESCA has already invested around 10 million pesos in training, as well as stepped up night inspections (also required by Mexican law). He noted the overall efforts that Mexico has made on turtle conservation, the fact that conservation was in Mexico's national interest and not just a response to certification, and reiterated his willingness to implement measures that would lead to a positive recommendation for Mexican certification under Section ¶609. ¶4. (SBU) During both meetings, ESTH Counselor repeatedly clarified that last year's certification was granted based on the GOM's commitment to improve its fishing inspection and enforcement programs (similar to what was being promised this year, see Refs b and c),and the findings of this year's visit - at least on the Gulf - will make recertification very difficult. ¶5. (SBU) During a subsequent November 24 telcon between PROFEPA's Javier Sosa and ESTH FSN, Sosa acknowledged that the results from the inspection visit made to the Pacific ports showed some deficiencies but characterized the overall evaluation as much more positive than in the Gulf, saying that in the final report the U.S. inspectors called the Mexican staff outstanding. He also referred to the inspectors' statement that Mexico is the country of all they inspect that is most committed to the visits. Sosa further said that last year a similar evaluation was made of the Gulf inspectors and wonders why the same team was so severely criticized this year. Pascual