Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Law, regulation and treaties · Mexico · 2020–2024

CEC factual record on Mexico's enforcement for loggerheads in the Gulf of Ulloa (SEM-20-001, USMCA Chapter 24)

Nature's voice · report
More than 200 of my loggerheads died in the Gulf of Ulloa in each of 2012, 2013, 2018, 2019 and 2020, a CEC factual record states; nearly 1,000 stranded at San Lazaro beach in 2013. Commission for Environmental Cooperation
Did nature suffer? Yes. Harm is on record.
Recorded
What the record lacks: 2 none on record · 1 insufficient · 1 disputed · 1 unclear See the gaps

Cemda and the Center for Biological Diversity filed a submission on 17 December 2020. The CEC Council instructed a factual record on 3 April 2023 and the CEC published it on 22 April 2024, the first under USMCA Chapter 24.

More than 200 a yearLoggerhead deaths recorded in the Gulf of Ulloa in each of 2012, 2013, 2018, 2019 and 2020
As stated in the CEC factual record.

Status As of April 2024: the CEC published the factual record on 22 April 2024, the first under USMCA Chapter 24; no later step is recorded in the sources reviewed.

What?
The CEC published a factual record on Mexico's enforcement for loggerheads in the Gulf of Ulloa after a submission by Cemda and the Center for Biological Diversity. Commission for Environmental Cooperation
Where?
Gulf of Ulloa, Baja California Sur, Mexico. Commission for Environmental Cooperation
When?
Submission filed 17 December 2020; Council instruction 3 April 2023; factual record published 22 April 2024. Commission for Environmental Cooperation
Who?
Gained
Lost
None on record
Harmed
Why?
Cemda and the Center for Biological Diversity filed a submission on Mexico's enforcement for loggerheads; the CEC states there is no single hypothesis explaining the mortality rate. Commission for Environmental Cooperation
How?
A submission under USMCA Chapter 24 led the CEC Council to instruct a factual record, which the CEC published; it records mortality and stranding figures and an on-board observer programme. Commission for Environmental Cooperation
6 of 6 questions answered from the record

What happened

The record, in order.

Cemda and the Center for Biological Diversity filed a submission (SEM-20-001) with the Commission for Environmental Cooperation (CEC) on 17 December 2020, concerning Mexico's enforcement for loggerheads in the Gulf of Ulloa. The CEC Council instructed a factual record on 3 April 2023, and the CEC published it on 22 April 2024, the first factual record under USMCA Chapter 24.

The parties concerned include Mexico's Semarnat, Profepa and Conapesca, the CEC Secretariat, and about 1,228 fishers in 21 localities. Landings in the Gulf of Ulloa from 2006 to 2022 averaged 115,834 t a year; the value figure is inconsistent in the factual record, which gives "$735 billion pesos" in its text and a Table 1 total of 737,779,677 pesos.

The factual record records more than 200 loggerhead deaths in each of 2012, 2013, 2018, 2019 and 2020, and nearly 1,000 stranded at San Lazaro beach in 2013. An on-board programme from 2015 to 2018 covered 24,313 trips, observed 908 turtles and recorded 27 killed as bycatch. A 2021 proposal to cut the mortality limit from 200 to 90 a year was removed in 2023.

The CEC stated that there is "no single hypothesis or a combination of hypotheses explaining the mortality rate".

  1. 2020Cemda and the Center for Biological Diversity file submission SEM-20-001 (17 December)
  2. 2021Proposal to cut the loggerhead mortality limit from 200 to 90 a year
  3. 2023CEC Council instructs a factual record (3 April); the 2021 proposal on the mortality limit is removed
  4. 2024Factual record published (22 April), the first under USMCA Chapter 24

What was said

Claims, in the words of those who made them.

“no single hypothesis or a combination of hypotheses explaining the mortality rate”

How it looked

What was shown, beside what was recorded.

Shown

    Recorded

    Who gained

    Money that reached nature, beside money that stayed elsewhere.

    Reached nature or the ground

    Not published
    No figure published.

    Gained elsewhere

    Not totalled
    Gulf of Ulloa landings value, Table 1 total (pesos)—
    737,779,677 pesos; the text of the factual record gives "$735 billion pesos".
    Currency: · Window: 2006–2022. All figures cover the same period. * Estimate built from cited figures.

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2020–2024Outcome not on record
      CEC submission SEM-20-001 under USMCA Chapter 24: Mexico's enforcement for loggerheads in the Gulf of Ulloa
      Commission for Environmental Cooperation (CEC) · International court · Cemda and the Center for Biological Diversity → Mexico

      The submission was filed on 17 December 2020. The CEC Council instructed a factual record on 3 April 2023 and the CEC published it on 22 April 2024, the first under USMCA Chapter 24. The sources reviewed do not record a determination on Mexico's compliance. Commission for Environmental Cooperation

    Insurers

    No insurer decision on record.

    What nature saw

    Outcomes measured on the ground, and nature's note.

    Nature's report opens this page. Below: further outcomes measured on the ground.

    Loggerhead deaths in 2012, 2013, 2018, 2019 and 2020
    More than 200 in each year
    CEC factual record
    Strandings at San Lazaro beach, 2013
    Nearly 1,000
    CEC factual record
    On-board programme 2015–2018
    24,313 trips; 908 turtles observed; 27 killed as bycatch
    CEC factual record
    Mortality limit
    200 a year; a 2021 proposal to cut it to 90 was removed in 2023
    CEC factual record

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Money

    • None on record Gulf of Ulloa landings value, Table 1 total (pesos) — 737,779,677 pesos; the text of the factual record gives "$735 billion pesos".

    Court

    • Unclear CEC submission SEM-20-001 under USMCA Chapter 24: Mexico's enforcement for loggerheads in the Gulf of Ulloa: outcome not on record.

    Figures

    • Insufficient Landings value: Table 1 total; the text of the factual record gives "$735 billion pesos".

    Record

    • Disputed Conflicting figures: the value of Gulf of Ulloa landings is inconsistent in the factual record (text "$735 billion pesos"; Table 1 total 737,779,677 pesos).
    • None on record Unexplained: the CEC states that there is "no single hypothesis or a combination of hypotheses explaining the mortality rate".

    Did the harm stop?

    The factual record gives more than 200 loggerhead deaths in each of five years up to 2020 and states no single hypothesis explains the mortality rate. A 2021 proposal to cut the mortality limit from 200 to 90 a year was removed in 2023.

    Who paid?

    No amounts are on record beyond the landings figures.

    Sources

    Voices on record: — Company or project— Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers✓ International bodies

    International bodies

    1. CEC news: loggerhead turtle factual record
      Commission for Environmental Cooperation ·
    2. Factual record, SEM-20-001 (Loggerhead Turtle)
      Commission for Environmental Cooperation · 2024-04-22

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.

    Law and courts

    Negligence and gross negligence
    Negligence is a failure to take reasonable care. Gross negligence is a serious, reckless failure; under US oil-spill law a finding of gross negligence raises the maximum penalty.