Loggerhead Turtle
Submission ID: SEM-20-001
Party concerned: Mexico
Date filed: December 17, 2020
Submission Status: Closed
Latest Update: April 22, 2024
The Secretariat made the final factual record publicly available under Article 24.28(6).
Summary of the matter addressed in the submission:
The Submitters assert that the Mexican Ministry of Environment and Natural Resources and other environmental agencies are failing to effectively enforce provisions aimed at the protection and conservation of the loggerhead turtle (Caretta caretta) outlined in national laws and international treaties adopted by Mexico. The submission asserts that despite a nationally designated area for the conservation of marine turtles, mortality reports have been rising. This mortality has been linked to fishing, collision with ships, ingestion of marine litter, and the presence of toxic contaminants.
Summary of the response provided by the Party:
Mexico states in its Party Response that the Submitters do not include sufficient information and evidence in their submission to support their claim that the death of loggerhead sea turtles is linked to fishing activities. Additionally, Mexico affirms that the verification program for turtle excluders is being carried out under NOM-0061-SAG-PESC/SEMARNAT-2016 and that the General Directorate of Environmental Impact and Risk Assessment has authorized 27 projects being carried out in the Gulf of Ulloa area, including 17 that were conditionally authorized. Regarding inspection and compliance monitoring actions, Mexico highlights different actions implemented by the Secretariat of the Navy, the Secretariat of Agriculture and Rural Development, as well as the Federal Attorney´s Office for Environmental Protection, and therefore, it claims that the Secretariat should proceed no further with a Factual Record.
In addition to the above, Mexico affirms to have the scientific technical support for the establishment of species mortality thresholds linked to the interaction with fishing gear in the Gulf of Ulloa, and that these are being taken into account for the issuance of the Ecological and Marine Management Program of the Pacific Region. The Party Response also informs about the development of a study to justify declaring an Area of Refuge in the Gulf of Ulloa in Baja California Sur, as well as different programs carried out by the National Commission on Natural Protected Areas with the objective of preserving the existing ecosystems and associated species, including the loggerhead sea turtle. Mexico highlights the National Commission on Fisheries and Aquaculture actions on integrated fisheries management, technical assistance on board vessels, video recording and satellite monitoring of fishing operations, as well as technical training. It also reports the development of a Management Plan for the Fishing Refuge Zone, which will soon be completed by the National Institute of Fisheries. Mexico concludes that the submission does not merit the preparation of a factual record.”
Submitter(s):
Centro Mexicano de Derecho Ambiental, A.C., Center for Biological Diversity
Submission Timeline
The Secretariat began reviewing the submission under Articles 24.27(2) and (3) of the USMCA.
Submission - Submission authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
Annex - Other document authored by Submitter(s) on 17/12/2020
The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).
Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 08/02/2021
The Council, the Party or the Secretariat provided a written explanation that it is unable to meet an applicable deadline.
Other Documents - Other document authored by Mexico on 03/05/2021
Acknowledgement - Other document authored by Secretariat on 04/05/2021
Under Article 24.27(4), the Secretariat received a response from the concerned government Party and began considering whether to recommend a factual record under Article 24.28(1).
Party Response - Response from the Party under Article 24.27(4) of the CUSMA/USMCA authored by Mexico on 28/05/2021
Acknowledgement - Other document authored by Secretariat on 31/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
Annex - Other document authored by Mexico on 28/05/2021
The Secretariat determined that the submission warrants the preparation of a factual record under Article 24.28(1) and so informed the Council and the Environment Committee.
Recommendation - Secretariat Notification to Council under Article 24.28(1) of the CUSMA/USMCA authored by Secretariat on 27/07/2021
The Council, the Party, or the Secretariat provided a written explanation in accordance with Guideline 19.9.
Other Documents - Other document authored by Mexico on 21/10/2021
Acknowledgement - Other document authored by Secretariat on 25/10/2021
The Council voted to instruct the Secretariat to develop a factual record under Article 24.28(2).
Resolution - Council decision concerning the development of a Factual Record authored by Council on 04/04/2023
The Council, the Party or the Secretariat provided a written explanation that it is unable to meet an applicable deadline.
Other Documents - Other document authored by Secretariat on 01/08/2023
Other Documents - Other document authored by Secretariat on 07/08/2023
The Secretariat made public its factual record work plan.
Workplan - Overall workplan for Factual Record authored by Secretariat on 14/11/2023
Workplan - Overall workplan for Factual Record authored by Secretariat on 26/09/2023
The Secretariat submitted a draft factual record to Council for a 30-day comment period on the accuracy of the draft under Article 24.28(5).
The Secretariat received comments from the United States.
The Secretariat received comments from Mexico.
The Secretariat submitted a final factual record to Council under Article 24.28(5).
The Secretariat made the final factual record publicly available under Article 24.28(6).
Final Factual Record - Final Factual Record authored by Secretariat on 22/04/2024