GOM Response on Shrimp/Turtle Excluder Device Issue

UNCLAS MEXICO 000510 SIPDIS E.O. 12958: N/A TAGS: SENV EFIS ECON MX SUBJECT: GOM Response on Shrimp/Turtle Excluder Device Issue ¶1. (U) Summary: Ambassador Pascual met on shrimp/TEDs with the Mexican Office of the Presidency and key GOM officials concerned with trade and fisheries issues on February 5, with follow-up on the margins of USTR Ron Kirk's visit to Mexico February 8-10 with the Minister of Economy and President Calderon. The GOM has developed what it called a comprehensive plan to bring Mexican TEDs use up to U.S. standards, in accordance with Section 609. They submitted it to the Department on February 12. President Calderon told Ambassador and USTR Kirk that he is concerned as the USG is about turtle preservation, and has challenged his own team to demonstrate results. See action request para 6. End Summary. ¶2. (U) The Ambassador and econoffs met February 5 with Rafael Fernandez de Castro of the Mexican Presidency and U/S Beatrice Leycegui from Economia, as well as officials from CONAPESCA (fisheries commission),PROFEPA (environmental regulator),and the Foreign Secretariat (North America desk) to review pending action under U.S. Section 609 in regard to use of turtle excluder devices (TEDs) when fishing for shrimp, and to review Mexican actions on improving their compliance with this requirement. ¶3. (U) The Ambassador noted that we were heading toward a decertification decision; Mexico had received certification last year based on assurances of improvement that did not take place, and we have a statutory obligation to decertify, monitored by Congress, the courts, and NGOs. The Mexican side indicated understanding of this obligation, and accepted their responsibility for not following through on their own obligations. They asserted, however, that in the last three months they had begun serious inspections (including the nighttime inspections suggested by the State/NOAA inspection team after their inspection last November), had jailed seven people and had 17 enforcement actions pending. ¶4. (U) Ambassador Pascual told the Mexican side that we would need to have the plan right away and was candid with them that -- given the history of plans, and lack of follow-through -- we needed to have our experts review it immediately. The Mexican side agreed, noting that they would like to send a technical team to Washington to talk to key USG players as soon as possible. Additionally, they asked the Ambassador to support a re-inspection in late March, with a view toward avoiding decertification by May 1. ¶5. (SBU) The TEDs/shrimp issue also came up in USTR Kirk's February 8-9 meetings with the Minister of Economy and President Calderon. In both cases, the Mexican side acknowledged that it was now their responsibility to demonstrate action. President Calderon said that he had challenged his own team to demonstrate results, noting that he was as concerned as the United States about the environmental implications. ¶6. (U) Action Request: The GOM decided to submit its plan to State and other agencies on February 12. We request that OES review this material as soon as feasible, and provide an assessment to post, including whether the actions outlined in the plan are things that realistically could be implemented and take effect as soon as the end of March, when Mexico has requested a re-inspection. Please also advise dates convenient for meeting with the Mexican technical team. Should assessment indicate that de-certification is necessary, we would aim to alert Mexico to this fact between the time the decision is signed and before it becomes public, as well as to schedule a re-inspection as soon as justified. PASCUAL