Balandra beach was closed for 68 days due to the environmental contingency caused by the fire and collapse of the luxury yacht “Fortius”. During this time, there was a lack of transparency in the containment and remediation activities of this Flora and Fauna Protection Area (APFF).
After the reopening of the beach on October 28 and the announcement of measures to prevent a new disaster, the civil organization Centro Mexicano de Derecho Ambiental, A.C. (CEMDA) emphasized the need for a repository that makes transparent to society the measures being carried out to remedy the damage caused.
“What better way to be sure that it won't be repeated if you already have a good understanding of your story, because not knowing your story condemns you to repeat it,” said Mario Sánchez, CEMDA's Northwest Regional Director.
Photo: Daniela Pérez
During the months of closure to the public, the National Commission for Protected Natural Areas (Conanp), the Secretariat of the Environment and Natural Resources (Semarnat) and the Federal Attorney's Office for Environmental Protection (Profepa) limited the monitoring of contingency care activities in the APFF, since they issued only three statements: about the complaint to the Attorney General's Office (FGR) for acts that could constitute a crime against the environment and environmental management; about the actions to be taken in the area and about the carrying out of 2 of the 7 total activities.
The accident caused uncertainty for those who rely economically on tourism in Balandra and its surroundings, since the closure occurred at a time when the most domestic tourism came to the area.
At the same time, society in general went through this process of blind closure, without access to its right to information, crucial for decision-making; and without being able to access natural heritage.
Reopening
On October 28, Balandra reopened to the general public. According to Humberto Adán Peña Fuentes, national commissioner for Protected Natural Areas (Conanp), “there is no harm that doesn't come for good” and this environmental catastrophe will serve to strengthen Balandra.
It was until then that Conanp reported on evaluation and impact actions and not repetition through a press conference where they highlighted: cleaning days, personnel who manage the area, biological monitoring, marine aspiration, quality sampling, activation of the Program for Sustainable Development (Procodes), underwater cleaning and biannual monitoring.
Sánchez said that the authorities waited two months to publicly report the contingency response process.
Despite the time that has elapsed, the authorities did not present documentary, photographic or video evidence to support the actions taken and presented imprecise information, which shows that transparency is not a relevant issue for them.
“How are we sure that this is happening? , how often do we have to be asking to be told which ones were done and waiting months for the answer? ... this makes follow-up unfeasible and speaks of the authorities' disinterest, among other things, such as incapacity and lack of personnel,” he questioned.
Conanp reported that the remediation actions in the area cost approximately 3.5 million pesos between brigades, personnel, equipment, contracts, etc., and that a cost report is being worked on to be submitted to the Public Prosecutor's Office.
“We don't have to worry about who's going to pay. We have to take care of the natural part, which is in good condition. We are going to follow up and give the necessary evidence for the judicial procedure... What we cannot do is wait to be charged... Here we have an approach, we start to remedy but the polluter pays and there we are not going to take our finger off the line. Whoever did the damage has to pay,” said Peña Fuentes.
For its part, the Captaincy of the Port of La Paz notified the company Fortius Electromechanics S.A de C.V., owner of the yacht, which is still sunk, to remove the vessel from the Bay of La Paz.
However, he said that there has been non-compliance on his part, so an administrative process is being carried out in collaboration with the FGR “so that they respond as they should be with all the damages,” said Rear Admiral Gerardo López García, regional captain of Puerto La Paz.
Meanwhile, the head of the Office of the FGR Delegation in Baja California Sur, Alejandro Torres Pineda, pointed out that the investigation is ongoing and that the resulting sanction would contemplate the fact and the repair of the damage. “In coordination with all the authorities, the amount and origin of the reparation of the damage that will be asserted in due course is being coordinated.”
Balandra, a Ramsar site and World Heritage Site, generated 1,234,685 pesos through the collection of rights in 2021.
However, it operates with 131,000 pesos this year (110 allocated by the Federation's Expenditure Budget and 21 corresponding to the collection of bracelets).
Given this, Conanp indicated that it will increase the budget to operate this ANP to 3.5 or to 4.5 million next year.
Sánchez points out that, although the budget increase is a pillar for non-repetition in Balandra, there is no clarity on how this increase is going to be carried out, since the charges for entering the Area go to the Federation and it determines how the budget is distributed to all the ANP.
Balandra reopened with two schedules, the first from 8:00 a.m. to 12:00 p.m., and the second from 1:00 p.m. to 5:00 p.m., with a load capacity per block of 450 people, of whom 100 are insured for locals and residents.
Photo: Daniela Pérez
In addition, to remedy the sense of dispossession of the local community, it was established that on the first Sunday of each month only access to the resident community of La Paz will be allowed, Sánchez points out that it can be interpreted as discrimination based on residence or place of origin.
Looking ahead to November 30, the tenth anniversary since Balandra was declared a Protected Natural Area, Conanp is preparing signs, cameras and marine monitoring for this date.
For the regional director of CEMDA, Balandra will reach his anniversary in better form but not in substance, with greater attention and impetus from the government and organizations, and with the critical eye of society. Given this, he insists, it is important to make information on this entire process transparent and accessible, in addition to the formalization of functional inter-institutional collaboration and the increase in the budget of the area.
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