REPORT OF TOURIST´S REAL ESTATE

PROJECTS AND ITS POTENCIAL IMPACTS

IN THE RAMSAR SITE OF CABO PULMO

2

This report is intended to share information about the tourist´s real estate projects adjacent to the

RAMSAR site Cabo Pulmo and request the Ramsar Secretariat to issue recommendations and a

statement about the development policy of tourist-real estate expansion in the adjacent area with the

National Park of Cabo Pulmo, a priority Ramsar site due its biological diversity in Baja California

Sur. Derived from this information, we request the Ramsar Secretariat to conduct a Ramsar Advisory

Mission, to make an assessment of possible damages to the site, to propose a “compensation

package” for the loss of natural resources of the wetland, and recommend to include it in the

Montreaux Record.

The Ramsar site Cabo Pulmo is found seriously threatened by the development projects of Cabo

Cortes and Cabo Riviera, tourist mega development with more than 30,000 rooms and three golf

courses just a few kilometers from the National Park Cabo Pulmo, the best preserved marine

ecosystem in the Gulf of California.

In brief:

Cabo Pulmo was decreted National Marine Park and Ramsar site due to the age of the reef, an habitat

of species under an environmental protective risk category of the Official Mexican Standard NO-059-

SEMARNAT-2001 of local mexican wild flora and fauna species. It is the only area with a coral reef

alive in the Gulf of California, permanent and seasonal habitat of a rich diversity of fish species,

crustaceans, mollusks, chelonian, birds and marine mammals. This is a very unusual case of a

community that chooses for themselves to stop fishing and instaed, to protect the ecosystems and the

environment of the area. The recovery of the reef in recent years has been a success in an

international level1.

- The Company Hansa Urbana presented to the Secretariat of the Environment and Natural

Resources (“SEMARNAT”) for its study and evaluation, an Environmental Impact Statement

(“EIS”) which contains the possible affectations to the ecosystems of the site in order to

obtain the authorization to build and operate the denominated project Cabo Cortés within the

Evaluation Procedure of Environmental Impact. The EIS was a document with poor

information. This fact was confirmed by different areas of the environmental Mexican

authority, in their technical opinions which were not taken into considerantion by the

environmental ruled authority.

- The Developing Company La Ribera obtained the authorization of environmental impact for

the construction and operation of the project Cabo Riviera, near the Ramsar site Cabo Pulmo.

The tourist real estate has 360 hectares, 581 lots, 300 hotel rooms and a treatment plant of

activated sludge. The resolution did not support the construction of the marina, access and

breakwaters canals; in spite of this, it was built and so far, the SEMARNAT does not have

1 Cabo Pulmo Marine Reserve. http://www.youtube.com/watch?v=uziq95f0PG0&feature=fvsr

3

information about the possible environmental feasibility of the last structure.

- The main risk that this project implies for the reef of Cabo Pulmo, would be the discharge of

pollutants, sediments dredged from the marina, oils from the boats, desalination plant brine,

sewage; especially at times of the year when the currents run from north to south.

- Another great risk is the social and environmental impact of what essentially would be a

new urban center in an area that historically has had a very low population density. Around

50,000 people are expected to arrive (from a conservative point of view), in a place inhabited

only by 120.

- The oposition to Cabo Cortés and Cabo Riviera has strong communitary roots, in the

locations of Cabo Pulmo and la Rivera, whose members have been some of the most

important spokesmen of the Cabo Pulmo Vivo Campaign, a net of individuals, academic and

civil social organizations concerned for the conservation of the protected natural area, Cabo

Pulmo2.

- In economic terms, Cabo Cortés and Cabo Riviera are not necessary projects for the

economical development of the area. It is more important to strengthen the existing

destinations such as Los Cabos, La Paz and Loreto, who have not completely overcome the

crisis and continue with an ocupation underneath their capacity, more than the creation of new

resorts.

It is urgent that the Ramsar Secretariat gets involved as soon as possible in this matter, due to

legal and administrative mechanisms, mainly environmental impact evaluation review and/ or

an invalidation trial of environmental impact autorizations, within the national field will not

be solved within an appropriate time to avoid a significant impact to coastal wetlands and the

reef of Cabo Pulmo.

2 Cabo PulmoVivo http://www.cabopulmovivo.org/

http://www.cabopulmovivo.org/

4

I. BACKGROUND: CABO PULMO NATIONAL PARK

As mentioned before, Cabo Pulmo is located in the municipality of Los Cabos, Baja California Sur,

and was declared a Natural Protected Area by a Decree published in the Federation´s Official Journal

on June 6th

, 1995, with an area of 7,111-01-00 hectares. The coral reef of Cabo Pulmo is the only

living one in North America3.

The Decree mentioned above only allows activities related to the preservation of aquatic ecosystems

and its elements, the research, recreation, environmental education and the use of natural resources in

the protected areas. The conditions for these activities are determined in accordance with the

attributions of the correspondent authorities.

The community of Cabo Pulmo has made significant efforts in conservation of the site, for example

they agreed on the ban of commercial mining activities within the national park, any construction of

public or private real estate, and activities that can alter the natural conditions of the park. Due to

efforts like these, after more than 15 years of preservation actions, the coral reef of Cabo Pulmo has

recovered from overfishing and has become the marine area with the highest concentration of fish in

the Gulf of California.

On February 2nd

, 2008, Cabo Pulmo was designated as Ramsar site number 1778. The Ramsar

Information Sheet determines that the designation is justified under the criteria 1 (age of the reef), 2

(habitat of species under special protection under the National Official Norm NOM-059-

SEMARNAT-2001 that provides a national standard on environmental protection to species of local

Mexican flora and fauna), 3 (only area with a living coral reef in the Gulf of California) and 4

(permanent and seasonal habitat of different species of fish, crustaceans, mollusks, chelonian, birds

and marine mammals) 4

.

The definition of wetlands is found in the article 1 of the Ramsar Convention, “…wetlands are those

extensions of wetlands, swamps, peat lands and waters of natural or artificial regime, permanent or

seasonal, static or flowing, fresh, brackish or salty, including marine water extensions which

deepness in a low tide, do not exceed six meters”. According to these, reed and reef points of Cabo

Pulmo have approximately a meter deep, they fit in the mentioned definition and this is why this site

has entered in the Ramsar list of wetlands of priority international importance.

3 National Commission of Natural Protected Areas, web page National Park Cabo Pulmo

http://pncabopulmo.conanp.gob.mx/ Consulted: January 19th

2011 4 Ramsar Information Sheet available at http://ramsar.conanp.gob.mx/documentos/fichas/86.pdf . Consulted: October 10,

2010.

http://pncabopulmo.conanp.gob.mx/http://ramsar.conanp.gob.mx/documentos/fichas/86.pdf

5

II. REAL ESTATE DEVELOPMENT IN CABO PULMO AND THE NEGATIVE POTENTIAL

IMPACTS ON THIS RAMSAR SITE

The tourist activity in coastal areas is one of the most important economic activities for Mexico.

However, the effects of tourism cause severe social and environmental impacts that threat the

ecosystems and communities who live in those areas. According to this, the growth of the operation

and construction of real estate settlements is noticed, tourist’s marinas, and golf courses in Baja

California Sur.

Until December 2009, the Secretariat of Environment and Natural Resources (“SEMARNAT”)

authorized two important and big developments in Baja California Sur, Cabo Cortés and Cabo

Riviera, both projected in the adjacent area to Cabo Pulmo.

II.1. THE DEVELOPMENT OF THE REAL ESTATE PROJECT CABO CORTÉS

On September 22nd

, 2008, “SEMARNAT” authorized the construction and operation of Cabo Cortés,

a residential-tourist development of 3.814 hectares adjacent to the National Park of Cabo Pulmo,

promoted by the Spanish company Hansa Baja Investments. The project involves the construction

and operation, in a first stage, of 3.655 hotel rooms, 7.816 homes, 2 golf courses with 27 holes, a

marina with a capacity of 490 positions, a system of canals and lakes, a desalination plant, and other

facilities. The project´s surface is 3,814 acres which influence the National Park Cabo Pulmo.

Hansa Baja Investments has been promoted as a milestone for the development of the region, it is

necessary to put into perspective the impact it will have as a competitor of other tourist destinations

of the state. To get an idea of the magnitude of the project, Cabo Cortes offers "a maximum of 30.692

hotel rooms or the equivalent to 10.230 homes"5 when the current hotel demand in Baja California

Sur is less than 18.000 rooms. Considering the great affluence of people that this tourist growth

would attract, as further will be mentioned, practically a megacity would be being built next to a

highly vulnerable are, just like the National Park Cabo Pulmo. Currently, however, there is no

reference in the participation of governmental authorities neither in the design nor in the social

effects, such as services for the construction and operation of such projects.

Additionally, projects like Cabo Cortes move important quantities of workers, this causes

competition conflicts for land, water and natural resources; they also create wastes, pollution; damage

the landscape and the natural corridors; the population growth and the works of this great scale model

place in a risky situation unique and vulnerable ecosystems like Cabo Pulmo. Some of the threats and

the impact on wetlands are written in detail as follows:

5 Centro de Estudios Jurídicos y Ambientales. “Proyecto Cabo Cortés. Un ejemplo de legalidad y armonía con el medio

ambiente”, Derecho Ambiental y Ecología, No. 35, Año 6, febrero, pp. 36-42,

http://www.cabocortes.com/Art_culoCEMDA.pdf. Consulted: December 21, 2010.

http://www.cabocortes.com/Art_culoCEMDA.pdf

6

a) Population Growth

According to the Environmental Impact Statement of Cabo Cortés, the construction and operation of

this development will require the labor of at least 40 thousand people6. Additionally, the project

involves the construction of a city of 5 000 houses. However, it does not prevent the growing demand

of public services and housing in the area. The construction of projects such as Cabo Cortés and Cabo

Riviera in a region with unique and fragile ecosystems and a limited availability of water are not

sustainable.

b) Damage to the reef and priority species

The coral reef found in the National Park of Cabo

Pulmo is the only reef area in the Gulf of California

or Sea of Cotés. Due to its ecotone7, result of the

confluence of species from Panamic, Californian, and

Indo-Pacific biogeographic provinces, the

biodiversity found is one of the higher ones in the

Mexican Pacific coast8.

Due to its fragility, corals are very sensitive to

pollution and the presence of sediments. Sediments

can precipitate on the coral, thereby decreasing the

amount of incoming light. Pollution due to organic

and inorganic matter from human activities alters the

ecological balance of the ecosystem, causing an

increase of algae growth and therefore a limitation on

the resources of the coral, like space and light.

This risk of pollution was not considered in the

Environmental Impact Statement (“EIS”) submitted

by the petitioner. In fact, the consultants who did the EIS, conducted a modeling about littoral

transport and coastal dynamics in the project area based on the conclusion in a field trip of two days

6 Environmental Impact Statement Cabo Cortes. Bitácora 03BS2008T0004. Available at

http://www.semarnat.gob.mx/pages/consultatutramite.aspx, consulted: November 2nd

2010. 7 Ecotone is defined as the natural boundary between two distinct ecosystems.

8 Ramsar Information Sheet, available at: http://ramsar.conanp.gob.mx/documentos/fichas/86.pdf. Consulted: September

28th

2010.

http://www.semarnat.gob.mx/pages/consultatutramite.aspxhttp://ramsar.conanp.gob.mx/documentos/fichas/86.pdf

7

made by consultants for over twenty years9, as well as indirect information of aerial photographs.

Moreover, the mathematical model mentioned above is not validated with in situ measurements10

.

Furthermore, the database records of waves measured by satellite do not reflect conditions prevailing

in the area11

. The currents of the area change depending on the season. In summer and autumn the

currents move north, while in the winter and spring the direction is towards the south12

. Tidal currents

are strong and very important in the transport of materials within the reef. These currents follow a

particular pattern: the strongest are presented during the summer and winter13

. Based in done studies

with so many weaknesses, the promoters of the project concluded incorrectly that the direction of the

currents will keep away the pollutants towards the north, without any risk for the reef (that it would

take both, the sediments and the pollutants coming from the coast towards the reef.

Due to all this, the authorization to build Cabo Cortés contains incorrect data and incomplete

information regarding the pattern of the currents, an important element for assessment in accordance

with the precautionary principle contained in the Ramsar Convention.

Also, the company forgot to consult existing

scientific papers that show in more detail, the

measurements in a long term, which clearly show

the flow of currents in the Gulf of California are

exactly opposite to the one that the Environmental

Impact Statement declares, placing in serious risk

the reef of Cabo Pulmo14

.

Likewise, despite a long experience and strong

evidence in Mexico about this issue, the company

avoided to analyze in the EIS, the impact that nutrients create entering the sea from the golf courses

and irrigated gardens, which have a highly detrimental impact in coral reefs.

Additionally, the study also avoids analyzing the impact that suspended sediments will produce

during the operation of marinas and canals in the coral reef. Cabo Pulmo is located south of the Cabo

Cortés project and is adjacent to it. As scientific information clearly points out, the long shore

9 Environmental Impact Statement Cabo Cortes. Bitácora 03BS2008T0004. Available at

http://www.semarnat.gob.mx/pages/consultatutramite.aspx, consulted: November 2nd

2010. 10

Technical Opinion, National Commission on Protected Areas. Oficio number F00.DRPBCPN-0556/08 (August 25,

2008).

11

Álvarez Borrego, S. (1983). Gulf of California, B.H. Ketchum (ed.), Estuaries and Enclosed Seas, Elsevier,

Amsterdam, pp. 427-448. 12.

Reyes Bonilla, H. (1993). Biogeografía y ecología de los corales hermatípicos (Anthozoa: Scieractinia) del Pacífico de

México, S.I. Salazar Vallejo y N.E. González (eds.). Biodiversidad marina y costera de México, CONABIO/CIQRO.

Chetumal, pp. 207-222. 13

For instance Álvarez Borrego, S. (1983). Op. cit., y Reyes Bonilla, H. (1993). Op. Cit.

Cabo Pulmo´s reef. Octavio Aburto.

http://www.semarnat.gob.mx/pages/consultatutramite.aspx

8

transport is from north to south, thus is possible to conclude that the environmental impact on the reef

will be high and that the Environmental Impact Statement presented by Cabo Cortés has not

accomplished in evaluating correctly the impacts on the reef and the Ramsar site Cabo Pulmo.

In relation with Ramsar, the Environmental Impact Statement does not use the methodology of the

Ramsar’s Manual number 11 for Environmental Impact Assessment. It also omitted one of the goals

of the Ramsar Convention, to make a “wise use “ of the site according to the Ramsar Convention. All

this, without considering the important role of the coral reef in softening the impacts of climate

change and the rising of sea levels15

.

c) Water supply and impacts of the desalination plant

In Baja California Sur, water is scarce16

. This is why the POEL-LC establishes that all tourist

developments in this area should secure its own water supplying and the one of the population

nucleus that they create. Cabo Cortés expresses in its EIS that it was authorized to use a volume of

1,500,000.00 m3/year of national waters, which covers a third of the total consumption of the project.

Under the concession title IBCS100165/06LMGR94 issued by the National Water Commission,

Cabo Cortes is able to use national waters from the coordinates of the point of abstraction from the

Santiago aquifer (23 '32 ' 12 "latitude and 109'36'57" longitude). In the research of such coordinates

in Google Earth and the Geographical Information System (“GIS”) and in plans of the National

Institute of Statistics and Informatic (“INEGI”), it is found that the information matches a point in the

middel of the Sea of Cortés and not the Santiago Aquifer, thus the information presented according to

its self-sufficiency, for the water supply is mistaken.

According to the 65% leftover of potable water required by this project, will be supplied by the

desalination plant and the 35% leftover will be taken from 3 wells located in the Santiago stream

located at 17 km of distance from the property.

The close areas to the real estate developments lack of potable water and sewage services, this allows

saline intrusion into the aquifers and a low availability to irrigate golf courses.

14

Handbook 10 Coastal management. Wetland issues in Integrated Coastal Zone Management, p. 16,

http://www.ramsar.org/pdf/lib/lib_handbooks2006_e10.pdf 15

UNESCO. Convention Ramsar. Recommendation 3.3, Recommendation 4.10 and Resolution V.6

UNESCO. Ramsar Convention. Handbook 10. Coastal management. Wetland issues in Integrated Coastal Zone

Management, p. 16, http://www.ramsar.org/pdf/lib/lib_handbooks2006_e10.pdf 16

National Water Commission, available at:

http://portal.semarnat.gob.mx/sitioantiguo/estados/bajacaliforniasur/temas/informacionambiental/Documents/diagnostico

%20del%20agua.pdf. Consulted October 29, 2010.

http://www.ramsar.org/pdf/lib/lib_handbooks2006_e10.pdfhttp://portal.semarnat.gob.mx/sitioantiguo/estados/bajacaliforniasur/temas/informacionambiental/Documents/diagnostico%20del%20agua.pdfhttp://portal.semarnat.gob.mx/sitioantiguo/estados/bajacaliforniasur/temas/informacionambiental/Documents/diagnostico%20del%20agua.pdf

9

d) Golf Courses

Daily water required to irrigate golf courses is equivalent to the daily consumption of 580,000 people,

i.e. 91% of those who currently inhabit the Peninsula. Both, Golf courses, Cabo Cortés and Riviera as

well as the green close areas will need considerable amounts of fertilizers, herbicides and pesticides17

.

It has been showed that in some amounts these components are toxic for many flora and fauna

species. In extreme situations an increase in the blooming of algae drives to hypoxia and the

incapability of the waters to sustain life due to the lack of oxygen.

d) Tourist load capacity

The main economic activity of the inhabitants of Cabo Pulmo is the offer of tourist services such as

SCUBA diving, kayaking, snorkeling, hiking and boat ride. Most of the visitors are foreigners. The

place lacks of basic public infrastructure such as water supply, public and private electricity, sewer,

paving, as well as medical and education services.

As it is well known, some of the damages caused by SCUBA diving are the destruction of coral reefs

due to the anchors of the boats, the noise produced by their engines, spills, waste fuels and motor oils,

as well as the creation of other liquid and solid wastes. 18

These impacts produce increased stress

factors such as alteration in feeding patterns, reproduction and the restoration of energy.19

The tourist load capacity is the amount of use that a site can support without suffering degradation of

natural resources, the satisfaction of the visitors and local social structures. 20

If it is taken into

consideration only the 3.955 hotel rooms of developments such as Cabo Cortés and Cabo Riviera,

without counting the houses, the tourist load is such, that it represents a potential degradation of the

coral reef ecosystem. In particular, the actions of divers and dive tourism, such as an increase of

visitors to the Park, an increase in boat traffic, the generation of more garbage in the beach and the

marina, among others, will cause a serious biological problem in Cabo Pulmo.

The affluence of tourists that Cabo Cortés and Cabo Riviera will attract, compared to the current

population living in Cabo Pulmo (120 people) and surrounding areas, cannot be compared. This

affluence of people represents an enormous risk for the Cabo Pulmo reef, mainly due to the amount

of wastewater that the visitors will generate.

17

A golf course with 18 holes has a size of 60 hectares. This surface consumes the water equivalent to 9 thousand

inhabitants per day. If the 64 golf courses planned within the 45 developments are built, the water consumption will rise

to the equivalent of 580 inhabitants per day. See Valiente, Carmina (2010). Op. cit. 18

Gámez, Alba E. (2008, ed.). Turismo y Sustentabilidad en Cabo Pulmo. B.C.S, San Diego State University, UABCS,

CONACYT, México, p. 15 19

Santander Botello, Luis Carlos y Propin Frejomil, Enrique (2009). Impacto Ambiental del Turismo de Buceo en

Arrecifes de Coral, Cuadernos de Turismo, p. 210. Available at:

http://redalyc.uaemex.mx/src/inicio/ArtPdfRed.jsp?iCve=39812474010. Consulted: December 12nd

, 2010. 20

Fennell, David y Butler R.W (2003). “A human ecological approach to tourism interactions”, International Journal of

Tourism Research, volume 5, issue 3, May/June, p. 198.

http://redalyc.uaemex.mx/src/inicio/ArtPdfRed.jsp?iCve=39812474010

10

e) Marina Impacts

Regarding the marina construction, this leads to the the possibility of an increased boat traffic in the

area, which not only presents a direct danger to wildlife but due to changes and crashes, but this

activity will lead to the possibility of causing saltwater contamination of the site due to an increase in

fuel and gas of exhaust pipes that enter to the sea.

f) Experts Technical opinions

By approving the project Cabo Cortés, the environmental authority ignored its own experts. The

National Commission of Protected Natural Areas issued a technical opinion against the project,

arguing potential and irreversible impacts of the project on Cabo Pulmo. Also, a general direction of

the “SEMARNAT” requested to reject the

project, as it contravened the existing

regulations regarding construction in dunes.

Both marine and residences are planned in

an area of dunes. The Zoning Plan of Los

Cabos prohibits the modification of dunes

and the construction on their surface to

prevent beach erosion.

II. 2. THE NAUTICAL TOURIST DEVELOPMENT LA RIBERA

The Project “Nautical Tourist Development La Ribera”, known as Cabo Riviera, in La Ribera, Baja

California Sur, is another tourist real estate development in the influence area of the Ramsar site

Cabo Pulmo. On October 16th

, 2007, the environmental authority authorized the construction,

installation and operation of the development.

Cabo Riviera proposes the construction of 305 hotel rooms and 581 houses, a treatment plant and

jetty and a golf course of 18 holes with a total area of 360 hectares21

.

a) Impacts on the Marina

The authorization of the environmental impact of Cabo Riviera, prohibits the installation of a marina,

access canal, breakwater protection and canals. Such works are subject to the presentation of the EIS,

21

Cabo Riviera www.caboriviera.com.mx Consulted: January 18, 2011.

http://www.caboriviera.com.mx/

11

however there is evidence that the developers have started excavation works, material removing and

dune canals, in spite they do not count with the authorization for these. On the web page of the

project, there is evidence of the construction of the marina.

Due to this, the Federal Attorney of Environmental Protection (“PROFEPA”) in charge of

environmental law enforcement closed the facilities as a matter of time. However the legal

representatives of the project Cabo Riviera have not presented EIS for the construction and operation

of the marina, according to the official files of the environmental authority.

On May 7th

, 2010, the Ministry of Communications and Transport granted to the “Nautical Tourism

Development La Ribera” a permit to use the sea area for the construction and operation of a tourist

zone of the development Cabo Riviera providing a further investment of 112 million peso22

s.

However, as explained before, the project lacks of an environmental impact authorization to build and

operate the marina. Cabo Riviera is not found immediately next to the RAMSAR site Cabo Pulmo,

however it is within the influence area and its impacts are similar to the ones established in the text

before, related to Cabo Cortés, regarding to load capacity, boat traffic, pollutants and sewage.

In 2005, the Municipality of Los Cabos had 164.162 inhabitants23

and mainly because the arising

tourist real estate, it is estimated that by 2020 the population will reach 1'021, 088 inhabitants. 24

Cabo Cortés and Cabo Riviera are not the only real estate projects planned for the region. All of them

with their own facilities and desalination plants. The accumulative impacts of this model represent

important threaten for the area. The development includes the construction of the road Palo Escopeta,

which will connect La Ribera, Cabo Pulmo, Las Pozas, Los Barriles and San Antonio to San José del

Cabo.

III. BREACH OF THE RAMSAR CONVENTION BY THE MEXICAN GOVERNMENT.

According to the recommendations made by the Ramsar Convention on Wetlands in 1996, Mexico

should require the integration of environmental considerations in relation to the sites listed in

planning decisions in a clear and transparent way available to the public, as through an environmental

impact assessment25

.

In addition to this, under the paragraph 3 of Article 6 of the "Amendment to Articles 6 and 7 of the

Convention on Wetlands of International Importance", the Contracting Parties shall ensure those

22

See public information request Infomex 0001600300515. 23

Instituto Nacional de Estadística, Geografía e Informática (INEGI, 2006). II Conteo de Población y Vivienda 2005 24

Plan de Ordenamiento Ecológico del Municipio de Los Cabos. Boletín Oficial del Gobierno del Estado de Baja

California Sur, August 31, 1995 25

UNESCO. Ramsar Convention. Recommendation. 6.2, 1996.

12

responsible for the management of wetlands, at all levels, should be informed and take into

consideration the recommendations of such Conferences concerning the conservation, management

and wise use of wetlands and their flora and fauna.

This forces the government authorities of Mexico to take into consideration the following documents

as recommendations of the Conferences of the Parts:

• Resolution VII.16. The RAMSAR Convention and strategic, environmental and social impact.

• Resolution VIII.3. Climate Change and wetlands: impacts, adaptation and mitigation.

• Resolution VIII.9. Guidelines for incorporating biodiversity aspects of the legislation and / or

processes of environmental impact assessment and strategic environmental assessments adopted by

the Convention on Biological Diversity (CBD) and its relevance to the Ramsar Convention.

• Ramsar Handbook 13, Environmental Impact Assessment.

Article 3.2 of the Convention stipulates that "each Contracting Party shall make sure to be informed

as soon as possible about changes that have occurred, are occurring or may occur as a result of

technological development, pollution or other human interference, in the wetlands in their territory

and included in the List. Information on such changes shall be passed without delay to the

organization or government responsible for continuing bureau duties specified in Article 8." The

government of Mexico has not achieved this obligation so far.

IV. LEGAL ACTION IN THE NATIONAL SCOPE AND THE NEED OF INTERVENTION OF

THE SECRETARIAT.

Due to serious threatens to the RAMSAR site and the National Park Cabo Pulmo, various civil social

organizations started legal successful actions against the issued of the “AIA” of the project Cabo

Cortés. On August 30, 2010 the reviewing authority, the SEMARNAT nullified the Environmental

Impact Authorization, in order to issue a new operative paragraph that considers both the application

of the POEL-LC, Construction on dunes and mitigation measures, as well as mitigation measures,

which do not include environmental situations.

The promoting company of Cabo Cortés presented legal action against the invalidity decision for the

effects mentioned before. At present, the lawsuit is pending and both, the environmental authority in

charge of and the civil social organizations are involved in the defense of the infeasibility of the trial.

It is imperative for the Ramsar Secretariat to take action on the matter because the legal and

administrative mechanisms - particularly environmental impact assessment, judicial review and / or

proceeding for annulment of approvals of environmental impact - within the national level would not

be solved within a short period of time as to prevent a significant impact on coastal wetlands and

13

Cabo Pulmo’s coral reef.

Mexico must double efforts to make its officers and other agencies of the Public Administration to

take into consideration the government’s commitment for the conservation of Ramsar sites. It is

therefore vital to generate the incentives and action plans needed to monitor the status of Cabo Pulmo

and cope with adverse ecological changes produced, or that might occur as a result of the

construction and operation of the tourist developments mentioned in this letter.26

Tourist facilities and activities should protect ecosystems and biodiversity. Admitting that the

government should impose limitations on their activities when they are carried on in vulnerable and

protected areas is important to preserve the flora and fauna of the area.27

V. CONCLUSION

This outline is intended to provide a basic understanding of the situation that threatens Cabo Pulmo.

In conclusion, we can only reaffirm the ecological importance of the site.

Mexico ranks second in number of Ramsar sites

with 113 records. The National Development

Plan and National Water Policy cover aspects of

environmental sustainability and water in

particular. However, so far no one has a National

Wetland Policy, a key aspect for the

implementation of the concept of "wise use" of

the Convention.28

The federal government is the responsible

authority for conducting environmental impact

authorization when it comes to real estate developments in coastal ecosystems and protected areas of

federal jurisdiction under the Ecology Law and Regulations on Environmental Impact Assessment

and Protected Areas, respectively.

Nevertheless, the environmental authority has failed in its task of making a true assessment of

potential impacts of these projects. So far, various civil social organizations have informed the

Ramsar Secretariat of the possible effects on sites like Xcacel - Xcacelito in Quintana Roo, as well as

wetlands and marshes such as Marismas Nacionales and Huizache Caimanero in Sinaloa and Nayarit.

26

Strategy 2.6, available at: http://www.ramsar.org/pdf/key_strat_plan_2009_s.pdf 2009-2015. Consulted: November 1,

2010. 27

United Nations, Global Code of Ethic for Tourism. Resolution A/RES/56/212, December 21, 2001, p. 4. 28

UNESCO, Ramsar Convention, Section 3.1

Cabo Pulmo. Ralph Lee.

Cabo Pulmo. Ralph Lee.

http://www.ramsar.org/pdf/key_strat_plan_2009_s.pdf%202009-2015

14

The Mexican government has requested the Ramsar Advisory Mission for the latter sites.

The report is intended to suggest to the Ramsar Secretariat to get involved in this issue duly to the

legal and administrative mechanisms – particularly the environmental impact assessment and legal

actions such as a review action and/or nullity trial challenging environmental impact authorizations –

won´t be solved on time to tackle important damages to the coastal wetlands and Cabo Pulmo´s reef.

Specifically it is desirable that the Ramsar Secretariat grants expertise opinion and support the

Mexican State to understand the damages caused by the proposed projects in the Ramsar site Cabo

Pulmo.

It is also desirable to add Cabo Pulmo on the Montreux Record, and make a Ramsar Advisory

Mission to assess possible damage to the site. Also, it is important to propose a "compensation

package" for the loss of natural resources of the wetland29

, after full recognition of the multiple goods

and services of highly economic value provided by the Site and coastal wetlands mentioned before30

.

It is important to note the importance of Cabo Pulmo and coastal wetlands in relation to mitigation

and adaptation of ecosystems to climate change, as the reefs and coastal areas also contribute, they

play a vital role in decreasing coastal erosion, and mitigating the effects of storms and rising sea

levels31

.

The regulatory body in Mexico is:

Ministry of Environment and Natural Resources, Blvd Adolfo Ruiz Cortinez # 4209, Col. Jardines de

la Montaña, Del. Tlalpan, CP 14210 Mexico DF (Tel +52 55 5628 0600 or +52 55 5449 7001, Fax

+52 55 5628 0643 or +52 55 5628 0644, Email c.secretario @ semarnat.gob.mx) Daily contact: Luis

Fueyo McDonald, lfueyo@conanp.gob.mx or comisionado@conanp.gob.mx

29

See Ramsar Advisory Mission No. 54 Wetlands of Central Kolkheti, Georgia (August 14-19, 2005), No. 57 Bahía

Bluefields Nicaragua, No. 58 (December 20-22, 2006) 30

Handbook 10 Op. Cit p. 14. 31

Handbook 10 Op. Cit. p. 16.

mailto:comisionado@conanp.gob.mx