Culture of legality, an alternative approach to reduce illegal fishing

The establishment of protected natural areas is currently one of the main instruments of environmental policy to protect the biological and cultural diversity of humanity. Its success depends, however, on the existence and compliance of an appropriate legal framework, an effective comprehensive management system and clear zoning.

In the case of marine protected areas (MPAs), illegal, unreported and unregulated (IUU) fishing is one of the major problems to be solved, since it can significantly affect the mortality rate of species, the overexploitation of resources, the degradation of habitats and ecosystems. In addition, it is often a driver of permanent conflicts between fishermen, as well as between them and administrative authorities, which end up affecting community welfare.

It is estimated that, worldwide, IUU fishing represents between 13% and 31% of the total reported production of fishery products. In the Mexican case, it is estimated that illegal fishing could represent about 56% of total domestic production. Among the factors that enable these high levels of illegality, inefficient fisheries management and limited inspection and surveillance capacity have been identified. In addition, in Mexico, vulnerability to this phenomenon increases due to the general context of erosion of the rule of law and the close interaction between illegal fishing and organized crime.

In response to this problem, Pronatura Noroeste and the Anthropological Research and Solutions Network are currently collaborating on a strategy to strengthen the culture of legality in fishing communities in the Baja California Peninsula and the Upper Gulf of California. With an anthropological perspective, and through participatory methodologies, we seek to understand the processes of legality and illegality that take place in AMP in the region to design comprehensive proposals that favor a more effective instrumentation and application of the environmental and fishing legal framework.

The culture of legality is an interdisciplinary perspective that seeks to understand how people produce, understand and live the law in different social spaces. These ways of perceiving and representing legality in everyday life are related to broader social, political and economic processes that are not always easily observed, but which need to be deciphered. In addition, this perspective invites us to think beyond the legal framework of the State and to recognize that contemporary societies are legally plural, given that, in practice, daily behaviors are regulated by legal perspectives of different levels (community, state or systemic) that coexist in the same space.

The first step in this strategy has been the development of a methodological instrument based on indicators to study the culture of legality in fishing communities associated with protected natural areas. The next step will focus on learning about the ways in which people from San Felipe and Bahia de los Ángeles, Baja California, experience the law on a daily basis, as well as the factors that have been decisive in shaping that legal culture.

It is hoped that, based on the participatory analysis of this information, work plans can be proposed with key social actors to achieve a more effective implementation and application of the legal framework in both communities. In parallel, teaching and dissemination material is being developed to incorporate the topic of the culture of legality into environmental education curricula.

Finally, one of the main objectives of this strategy is that the analytical tool we have developed can be replicated in other communities to contribute to the social, environmental and economic well-being of the region.

The Anthropological Research and Solutions Network is a civil society organization that dedicates its work to producing knowledge, ideas and innovations for the construction of just and ecologically sustainable societies. www.redanthropologica.org

Pronatura Noroeste is the regional representation of the Pronatura National System, the oldest and largest conservation organization in Mexico. Its mission is the conservation of the flora, fauna and priority ecosystems of northwestern Mexico, to promote the development of society in harmony with nature. Since 2010, it has been collaborating with authorities, communities and civil organizations to increase compliance with regulations in protected natural areas and fishing areas. www.pronatura-northwest.org