Mexico – Proposed Federal Criminal Code change to Punish Illegal Fishing

Panista Senator Carlos Mendoza Davis proposed to amend Section II of Article 420 Bis of the Federal Penal Code to punish Illegal abalone and lobster.

He indicated that “is necessary to adapt the legal framework to combat poachers practices as a means to punish such behavior having serious economic, social and environmental impacts, and do not respect the conditions of special handling, attacking the national wealth and the economy of families that depend on these lawful activities for a living”.

He warned that Illegal Abalone and Lobster particularly on the West Coast of Baja California, driven by the high value of these fishery products, is considered worrisome because it limits any efforts for conservation and responsible management of these species.

“The average annual growth rate of production in the last 10 years has been reported very low, since according to data released by the Sagarpa, in the case of the lobster is 0.23 percent and for Abalone is -1.61 percent”, He said.

Legislator by Baja California Sur said that the probability of success in poaching of abalone and lobster is a factor that strongly influences the perceptions of fishers regarding Illegal, plus the low risk of being caught by the authorities and harvest volume per workday are elements that make the illegal capture of these products in an attractive activity.

“The high commercial value of the lobster and abalone influences the high levels of illegal fishing, it usually is not punished because it is not considered a felony if the acts described are not performed by a conspiracy”, He said.

Besides, he said, poaching of these species is done by one or two people now, through a bond that does not correspond to the value of the damage caused to the environment and orderly activity of fishing of the species, can easily obtain their freedom, persisting in most cases illegal fishing”.
Therefore, he argued that this offense is considered in law as a felony if committed in conspiracy or three or more people.

This, he added, because of the conditions in which this offense is because since it is limited to catch and usually remote from centers of population areas is accomplished by strategies that involve the participation of one or two poachers with teams Diving instruments and satellite tracking.
“Hence it is necessary to consider felony conduct under Section II of Article 420 Bis, regardless of the number of people who commit it. Notwithstanding, that in the event that it is committed by a criminal association, also considered a felony”He explained.

This, he continued, in order to effectively sanction without distinction to one person, two people or a conspiracy that has intentionally captured, processed, acopien, transported or trading with abalone species and / or lobster,

Mendoza Davis said that if approved the proposal, together with the implementation by all orders of government surveillance activities, research and special handling, enable the effective combat of behaviors that threaten the conservation and sustainability of resources important to the economy of regions dependent on fishing and orderly Legal Abalone and Lobster.

SOURCE: Eleconomista.com.mx