Galapagos Coalition Update

[Matt James]

                      Galapagos Coalition Update


To:     Members of the Galapagos Coalition
        Reporters Who Asked to Be Informed of
            Developments in the Galapagos
        Others Who Have Requested Occasional Updates From the
            Galapagos Coalition

From:   Marc Miller, Greg Aplet & Matt James
        Galapagos Coalition

Date:   May 18, 1995
________________________________________

Please feel free to distribute all or part of the following report to other
individuals or to post it to newsgroups on the internet.  As always, we
welcome additional reports and support.

[*  The Galapagos Coalition is a group of biologists, other scientists, and
lawyers with expertise in environmental and international law, many of whom
have done research in the Galapagos and all of whom are interested in the
understanding the relationshi p between the conservation of the Galapagos and
human activities.  Messages should be sent to Dr. Gregory Aplet, Dr. Matthew
James, or Prof. Marc Miller at the addresses listed at the end of this
communication].

                                        ********
Summary of Topics

(1) March 20, 1995 Letter from Edgar Teran, Ambassador From Ecuador to the
United States, to the Galapagos Coalition (2) Reports from the Galapagos
        --  Reports of the killing of tortoises and sea lions, and the
             establishment of large fishing camps on Fernandina
        --  Harassment of Macarena Green
(3)   Outstanding Questions
(4)   Next Steps
                                        *********

(1)   Letter from Ambassador Teran

The full text of the March 20 letter and attachment sent by Ambassador Edgar
Teran to the Galapagos Coalition follows:


                        Embajada Del Ecuador            March 20, 1995
                            Washington, D.C.

Mr. Marc Miller
School of Law
Emory University

Dear Mr. Miller:

Thank you for your letter of February 14, regarding the concern of the
"Galapagos Coalition" with the "ecological crisis" caused by the activities
of the sea cucumber fisherman in the Galapagos.

I can assure you and the "Galapagos Coalition" that the Government of Ecuador
has taken the necessary steps to assure that the ecology of the Galapagos
Island is not altered in any way.  A full evaluation is being conducted of
the ecological impact caused by the fishing of the sea cucumbers in
Galapagos.  Likewise a ban on sea cucumber fishing has been imposed and all
efforts are being made by the proper authorities to enforce that ban in the
Marine Reserve of the Galapagos.

Likewise, the Permanent Commission of Galapagos, aware of the negative impact
that the fishing of sea cucumbers has caused in the international community,
will be very tactful with future steps.

Please find enclosed a document of the Presidential Environmental Advisory
Commission on the Ecuadorian policy, since 1988, regarding fishing of sea
cucumbers in the Galapagos.

                                        Sincerely yours,
                                        s/
                                        Edgar Teran
                                        Ambassador

Statement Attached to
the letter from Ambassador Teran:

                        The Fishing of Sea Cucumbers In Galapagos

The fishing of the sea cucumbers in the Galapagos Islands is not a
traditional activity.  It started in 1988.  The Ecuadorian Government
recognizing the fast depredation of the sea cucumber, the alternation of
ecological cycles, and because of the lack of sufficient information on the
biology of the sea cucumber and its role in the biological food chain,
imposed a ban on sea cucumber harvesting in 1992.  The fishing of sea
cucumbers is mainly promoted from the continent, it uses boats and workers
rented a nd hired locally.  Nevertheless, the production is not destined for
local or national consumption, but to external asian markets, where the
demand is the greatest.  In the last three years the harvesting of sea
cucumbers has been done in a clandestine and illegal manner, and has been
promoted by entrepreneurs from the continental Ecuador and by traders with
ties to the asian markets.

With Executive Decree 1731, published in Official Register 436, of May 9,
1994, the President of Ecuador established the policy to regulate activities
of the Galapagos, among them, the ones related to fishing activity in the
Galapagos.  That same Decree e stablished the areas of responsibilities in
relation to the Reserve of Marine Resources of Galapagos and designated the
institutions in charge of the surveillance by air and sea of the maritime
reserve.  Accordingly, the Institute for Forestry and Natural Areas (INEFAN),
and the Ministries of Defense, Commerce, Tourism were entrusted with the
control of the maritime reserve of an approximate extension of 70,000 square
kilometers.

In June 1994, the National Council for Fishery Development authorized on a
trail base sea cucumber fishing from October 16, 1994 to January 15, 1995,
limited the harvest to 0.5% of the proven resources, according to the survey
made by the National Fisher y Institute in 1993.  In other words, the limit
of 550,000 sea cucumbers was establish[ed] for the three month period.  This
authorization was to be followed by an assessment to be carried [out] by the
Undersecretary of Fishery Resources, the National Ins titute of Fisheries and
other specialized agencies, was to determine the convenience of authorizing
the fishing of sea cucumbers and under what circumstances.

In September 1994, in Puerto Ayora, Galapagos, a workshop with the
participation of representatives of Galapagos took place, in order to revise
the Management Plan of the Marine Resources Reserve of Galapagos, approved by
Executive Decree 3573, published in Official Register 994, of August 6, 1992,
and to examine its application and enforcement.

On September 27, 1994, communication DP-00004-94, the President of Ecuador
informed his State Ministers and appropriate Institutions of his decision to
extend the Marine Reserve of Galapagos to an extension of 40 nautical miles
from the base lines of the Islands, and instruct the[m] to establish policies
to maintain the ban on fishing activity inside the marine reserve, with
exception of the activities carried on by artisan fisherman resident in
Galapagos.  The President also instructed that Laws, bylaw a nd all normative
in force be fully observed, in order to achieve an adequate management of
Galapagos.

Unfortunately, during the trial fishing period established from October 1994,
massive harvesting of the sea cucumber took place due to the high prices for
the product in foreign markets, especially asian.  This caused uncontrolled
and extensive fishing th at exceeded by far the limit established originally
This lead to the decision taken by the Undersecretary for Fisheries, by
Ministerial Accord No. 123, of December 12, 1994, to ban fishing of sea
cucumbers starting on December 15, 1994, and the transport ation of the
processed product by December 20, 1994.

Up to this date, March 1994, the assessment called in the Council of Fishery
Development's resolution of June 1994, is being carried on and its
conclusions and recommendations will deal with the ban on sea cucumbers.

Ecuador and specifically the Permanent Commission on the Galapagos Islands,
is conscious of the grave and negative impact that the news about the fishing
of the sea cucumber in Galapagos has caused worldwide and will bear that in
mind in the future steps to be taken.

                                        *********

(2)   Reports from the Galapagos

        A steady stream of reports from people who have spent time in the
Galapagos since January of this year suggest that the situation remains
unstable.  Reports consistently describe:

--  continuing harm to tortoises and sea lions

--  no final resolution by the Ecuadorian government whether and to what
extent sea cucumber fishing will be allowed in the future

--  other issues of commercial or quasi-commercial marine activities
including harvesting of shark fins

--  the isolation, sustained verbal (but not physical) attack, and lack of
resources at the Darwin Station.

One of the more recent and detailed reports comes from a March 27, 1995 fax
from Macarena and Jonathan Green to Matt James.  Their report follows:

        Update on the illegal fishing activities in the Galapagos Islands,
        March 24th 1995.  By Jonathan R. Green.

In mid February 1995 a check was made by me personally of a previously
established sea cucumber processing camp, situated in the mangroves at the
northern end of the beach of a visitor site known as Punta Tortuga, on the
western coast of Isabela Island. A 50 gallon drum, for cooking the cucumbers
had been set up and dead mangrove wood lay chopped and strewn around the drum
for firewood. There was no sign of anyone around the camp, but some of the
mangroves appeared freshly cut.

On Monday 13th of March I returned to the site to find brand new "cooking"
equipment, a rectangular steel tub, approximately 8 feet long, 2 feet wide
and 2 feet deep had been set up along side the drum. Judging by the piles of
ash under the tub this equip ment had already been used several ties. More
mangroves had been cut around the clearing and along the beach. The area was
strewn with plastic rubbish and introduced tomato seedlings were growing
around the edges of the clearing (presumably the areas used by the cucumber
fishermen as a bathroom!)

What this "camp" clearly indicates is that:

1. Quantities of sea cucumbers are continuously being harvested and
processed, despite the ban on this form of "fishing".

2. New species are being introduced into this almost pristine environment.

3. This small stand of mangroves which represents one of the most important
habitats for the extremely rare and endemic Mangrove finch, Camarhynchus
heliobates, is being destroyed.

Equally alarming was the discovery on Saturday the 11th March of a dead adult
male sea lion on the shore of Punta Moreno, visitor site on the south western
coast of Isabela Island, that appears to have had its penis cut off.  Due to
the state or decomposi tion it would be impossible to state categorically
that this is what happened, but I made as close as possible examination of
the sea lion and the penis was certainly missing. The area around the penis
having been opened by someone, or something. The phot ographs I took show
this fairly clearly. For a period of time the "rumors" are that each penis
can be sold for around S/. 300,000 about $120 US each one in San Cristobal. I
have asked other guides to be on the look out for further evidence,
especially aro und the less frequented areas of Galapagos. Also slightly
disturbing is the recent "disappearance" of practically the entire sea lion
colony, from Punta Espinosa, visitor site, on Fernandina Island. This however
could be due to natural causes.

                                        *********

*       Harassment of Macarena Green  [Note from Galapagos Coalition]

        Macarena Green, a biologist, naturalist and tour guide from Quito,
who first alerted the international community to the sea cucumber crisis, and
(evidenced by the update included with the transmission) continues to provide
basic information about the situation in the Galapagos.  For serving this
essentially informational role, she appears to have earned the enmity of the
fisherman and perhaps others in the Galapagos.

        Each of us, acting individually and collectively, should be careful
to distinguish between the positions (often tough positions) that we
recommend, and the basic provision of information from others, including
Macarena and Jonathan Green.  We should all speak firmly against the
harassment of those whose first goal is to keep others informed.

                                        *********

(3)  Some Outstanding Questions

*   What is the ecology of sea cucumber fishing in the Galapagos?

Very little appears to be known about the ecology of sea cucumbers in the
Galapagos.  Some information was offered at a short seminar at the
Smithsonian in mid April, Marine Biologist David Pawson explained that sea
cucumbers are the "earthworms of the se a."  They feed on detritus and turn
over the sea floor much as earthworms do on land.  Like earthworms in
terrestrial systems, sea cucumbers often make up 90% of the animal biomass in
marine systems.  There are 15 species in the Galapagos, but only Isosti
chopus fuscus is being harvested.  Sea cucumbers are easily fished out and
populations likely take decades to recover.

Pawson recounted e-mail from a biologist who reported that, in over 100 hours
of diving in the vicinity of the fishing, they had seen no juveniles; there
is no evidence of replacement; and they found declining populations
everywhere.  The biologist also r eported intense poaching and evidence of
land camps, confirming the reports from the Greens and others.

*   How should the impact of the sea cucumber fishery in the Galapagos be
tracked?

*   What countries and / or companies are financing the processing ships?

*   Will additional sea cucumber fishing be allowed?

*   Will other commercial activities be allowed?

*   Is there an alternative, non-harmful commercial use for the fishing
boats?

*   How much would it cost to buy the boats of the fisherman who have moved
to Galapagos, and resell the boats in a coastal market?  Would the government
be willing to ban new fishing boats in the Galapagos?

                                        *********
(4)   Next Steps

*  Additional Reports: Investigations

        Information continues to be incomplete about the situation in the
Galapagos.  It would be good for the encouragement and development of wise
policy to develop far more and better information about the ecology of the
Galapagos sea cucumber fishery, and on other sea cucumber fishers; the
pepineros; countries and companies that fund the harvest; possible avenues
for shifting boats and commercial activities back to the mainland; the views
of the government and private organizations in Ecuador; the role of th e park
service; and ways to support the Darwin Station and its researchers.

*  Supportive Letters to Ambassador Teran

        We encourage individual letters to Ambassador Teran and to officials
in Ecuador emphasizing the interest and concern over the sea cucumber
fishery, and supporting principled positions.  We believe that continuing
thoughtful and well-informed commentary c an have a positive impact on the
situation in the Galapagos.

        Ambassador Teran's Address is:

        Ambassador Edgar Teran
        Embassy of the Republic of Ecuador
        2535 Fifteenth Street, N.W.
        Washington, D.C. 20009

        The address for the President of Ecuador is:

        Arq. Sixto Duran Ballen
        Presidente Constitucional de la Republica de Ecuador
        Palacia de Gobierna
        Quito, ECUADOR

        The address for the US Department of State is:

        Hon. Warren Christopher
        United States Department of State
        2201 C Street, N.W.
        Washington, D.C. 20520

*  Web Page on Emory Law Server

        We plan to establish a Galapagos Coalition Web page with reports and
literature -- and with images when available.  We welcome suggestions of
documents and materials that might be placed on the Web Page.

*  Final Note:  A brief report on a sea cucumber fishery in California

        In response to a newspaper story in the Sacramento Bee, a fisheries
consultant and mediator, Eugenia Laychak, described a very different, but
revealing, dispute involving a small sea cucumber fishery in San Pedro,
California.  The San Pedro fishery, acti ve since the early 1980's, have only
five boats in the Santa Barbara channel, all with Vietnamese fishermen (and
only 20 boats in the entire fishery).  The number of boats has apparently
been limited by the single buyer and processor, who refuses to buy f rom
other boats.  The fishery is now also limited by a state permitting process
where initial permits were based on established commercial activity.

        The Orange County Sanitation District (OCSD) was losing monitoring
equipment used to measure water quality near a sewer outfall 9 miles off
Santa Ana.  The OCSD has been collecting data on sea cucumbers for 10 years
because the sea cucumbers were an indi cator species on the extent of
pollution.  The fisherman did not know what the monitoring equipment was when
it came up in their nets.  The resolution of this dispute was to educate the
fisherman about the monitoring equipment.

                                        ******************

        We welcome additional information or suggestions.  If you are not
already on the Galapagos Coalition e-mail list and would like be added,
please let us know.  We can be reached at the following addresses:


Dr. Gregory H. Aplet
The Wilderness Society
900 Seventeenth St., N.W.
Washington, D.C. 20006
Ph:  (202) 429-2684
Fax: (202) 429-3959
e-mail:  Greg_Aplet_at_TWSPO1 at tws.org

Prof. Marc Miller
Emory Law School
1301 Clifton Road
Atlanta, Georgia 30322
Ph:  (404) 727-6528
Fax: (404) 727-6951
e-mail: mmiller at law.emory.edu

Dr. Matthew J. James
Department of Geology
Sonoma State University
1801 East Cotati Avenue
Rohnert Park, California 94928
Ph:  (707) 664-2301
Fax: (707) 664-2505 or 664-3012
e-mail: matt.james at sonoma.edu