Cablegate: Mexican Response to Results of October 2009

VZCZCXYZ0000
PP RUEHWEB

DE RUEHME #3400 3362325
ZNR UUUUU ZZH
P 022325Z DEC 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC PRIORITY 9248
RUCPDOC/USDOC WASHINGTON DC PRIORITY

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

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