Legal Protection of Habitats

As development increases exponentially in coastal Sonora, conflict over natural resources becomes more and more common. CEDO seeks an open dialogue with all stakeholders on a given issue, aiming to broker solutions which work for our environment and our economy. Legal action is taken only when reasonable efforts to engage stakeholders have failed. We promote a culture in which all players respect environmental legislation.

Strategies we use to enforce environmental law:

- Citizen complaints for environmental wrongdoing (submitted to PROFEPA, the governmental organization charged with environmental enforcement).
- Review of environmental impact statements.
- Identification of projects which impact essential coastal ecosystems.
- Requests for public hearings on projects with high levels of environmental impact.
- Comments and recommendations for modification or withdrawal of development projects (submitted to SEMARNAT, the Secretariat of Natural Resources).
- Revision requirements to SEMARNAT when there is evidence that the authorization is against the law.
- Court ordered injunctions when SEMARNAT makes illegal decisions.
- Dialogue with the National Congress.
- In all of the actions that we take we aim to maintain the ecologic functions of essential habitats and to promote sustainable development.

Resources:

- Ley General del Equilibrio Ecológico y Protección al Ambiente (PDF)
    *(Environmental Protection and Ecological Equilibrium Act, similar to the National Environmental Policy Act (NEPA) in the U.S.)
- Ley General de Vida Silvestre
    *(Wildlife Act)

Current Cases:

Sandy Beach Resorts: Marina Project

This project proposes the construction of condominiums and a 450 slip marina.  It would alter two habitats of great ecologic and economic importance: a coastal wetland, Estero La Cholla, and the rocky reef in front of Sandy Beach.

This project would impact:
- A Marine Biosphere Reserve: The Upper Gulf of California and Colorado River Delta.
- 15 protected species, including green sea turtles, dolphins, whale sharks and scallop.
- 18 species of commercial importance, including shrimp, blue crab and octopus.
- Patterns of sedimentation on Sandy Beach.
- Currents in Cholla Bay and Sandy Beach.
- Health of adjacent waters, through the contamination associated with boats.
- The sport fishery, through increased fishing pressure.

Results:
- Temporarily avoid the authorization to destroy Estero La Cholla for the construction of a residential marina.
- Include the Good Practices for Marinas Manual as a condition for authorization.
- Organize fishermen in defense of their fishery.

There is more information about this project in our press releases, read their MIA and CEDO's comments.

Collaborators
Many organizations and individuals support sustainable use of natural resources, and oppose the project:
- Puerto Peñasco Divers Cooperative, winners of the National Conservation Prize in 2003, for their model management plan for the scallop and murex fisheries
- The federation of small-scale fishermen of Puerto Peñasco
- Residents of Puerto Peñasco y La Cholla
- Many researchers who work in the Gulf of California
- Environmental Organizations, including CEDO, CEMDA, DAN, and ALCOSTA.

The Pointe in Las Conchas

This project proposes 5 towers of twenty stories each in the mouth of Estero Morúa.

This project would cause:
- The destruction of a nesting colony of Least Tern, a federally protected species.
- An increase in sedimentation inside the estero, during the construction phase.
- Permanent alteration of the landscape.
- Increase in fresh water consumption.
- Cumulative impacts on migratory and resident bird habitat due to the height of the buildings.

Results:
- SEMARNAT forced developers to create a management plan for the Least Tern. Given that the construction will occur on top of the colony, this is an unsatisfactory solution.

There is more information about this project in our press releases.

Collaborators
Many organizations and individuals support habitat protection, and oppose the project:
- You can join us by signing our petition online.
- Residents of the surrounding beaches and communities.
- Some groups of oysterfarmers who work inside the estuary.
- Researchers who work in the Gulf of California.
- Environmental organizations, including CEDO, CEMDA, DAN and ALCOSTA

How can I support Essential Coastal Ecosystem Conservation?

- Donate to the Peñasco Estero Conservation Fund.
- Read and distribute our press releases.
- Do not purchase goods or services offered by these and other irresponsible projects.
- Become a member of CEDO and support our actions.

 

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