The ambiguity of a Law could put in risk the resources of Sport Fishing of Bay San Blas

The handmade-commercial fishing is authorized in a diffuse area and without defining in way feacient, indubitable and exact.

The question is: WHICH THE AREA IS DE BLUE "RIACHO" ?????

By: Hugo Gallo

This is the Bill AND-326/04-05
Presented by the Senator Strizzi Elsa
The texts in red belong to the author of the note

STRIZZI

PROJECT OF LAW
THE HONORABLE SENATE AND THE CAMERA OF DEPUTIES
DE THE COUNTY OF GOOD AIRS
THEY SANCTION WITH FORCE OF
LAW

First article: Incorporate as article 5° and 6° of the Ley12.788 the following text:

"Article 1°: Declares Natural Reservation of Use Multiple Bay San Blas, of conformity to the categorization foreseen by the Law 10.907 to the Islands, Banks and Waters located in the Bay San Blas, Waterlogged and Union of the party of Patagonian, with a surface of fiscal" lands.

"Article 2º - The Natural Reservation will be defined by the resulting polygon of the union of the established imaginary lines in the following way:

- To the North for the parallel one 39º 50'S from the coast line until the meridian of 62º 00'W, to the AND for a line that arises of uniting the following points:
- Intersection of the parallel one 39º 50'S with the meridian 62º 00'W.
- Intersection of the parallel one 40º 10'S with the meridian 61º 48'W.
- Intersection of the meridian 61º 48'W with the parallel one 40º 30'S.
- Intersection of the meridian 62º 10'W with the projected line from the Lighthouse Segunda Ravine.
- To the South for a projected line from the Lighthouse Segunda Ravine until the meridian of 62º 10.'
- To the West for the line of coast of the parallel one 39º 50'S to the Lighthouse Segunda Ravine. For the fixation of the present limits took like base the geographical letter H-213 of the Service of Naval Hydrography of the Armed Argentina."

"Article 3° - Declares Refuge of Life Silvestre to a fringe of four kilometers to the West of the coast line from the parallel one 39º 50'S until that of 40º 30'S and from this last one until the meridian 62º 30' following this meridian toward the South until the parallel one that goes by the Lighthouse Segunda Ravine and for the same one until the coast."

"Article 4º - they will Be from application to the present the norms foreseen in the Law 10.907 of Reservations and Natural Parks of the county of Buenos Aires and their Regulation Ordinance 218/94. "

"Article 5º - Excepts you specifically in the area of Blue Riacho the handmade and sport fishing of the prohibition settled down in the article 20 inc d) of the Ley10.907/94. "
(The present law 12.788 establish the limits of the Natural Reservation, but in any moment it specifies the limits of the "area from Blue" Riacho to which refers the exception.)

"Article 6° - The Authority of Application of the present will be able to suspend, for the term that the same one determines, the exception settled down in the previous article before the degradation of the ecosystem. This decision will be able to be founded in the existence of scientific studies of the place that advise this way it, in the inadequate use of technical exploitation, in the excessive exploitation of the resources, or others that it considers."
(It doesn't specify that dependence will make the exhaustive pursuit of the degradation of the ecosystem, this can redound a conflict of dependences that could arrive to that it is not detected this degradation on time)

Article Second: Modify the numeration of the article 5° and 6° that  will become enunciated as articles 7° and 8°.-

"Article 7° - Derógase the Ley10.492 and the Ordinance 6.591/88. "

" Article 8° - Communicates to the Executive" Power.

Article Third: In way.-

FOUNDATIONS

In the south of the County of Buenos Aires has thought about a conflict situation among sport fishermen and handmade fishermen that unwrap their activity in the area of Blue Riacho, which is understood by the Natural Reservation of Uses Multiple Bay San Blas, Waterlogged, Union of the Party of Patagonian.

The outlined conflict, it is based on one hand in that neighbors of the place, tourists and sport fishermen represented by the Council of Tourist Development of San Blas consider that the fishing should be prohibited in the entirety of the aforementioned reservation. On the other hand, the handmade fishermen of the region that for more than a hundred years they carry out the prawn fishing and shrimp in the area of Blue Riacho, constituting a traditional characteristic of the place.

Although both interest they are different they are not completely opposing, since both groups seek the protection of the atmosphere after the achievement of a Sustainable Development, since debit side to understand each other reason why for Sustainable Development that that allows the sustained growth of the community in the social, economic and environmental aspects, the development of a society through the use of the natural resources with technical of handling environmentally correct.
 
This outlines it was treated by the Federal Justice of Bay Blanca, in the cause "WERNEKE, Adolfo Guillermo and other C / Ministry of Agrarian Matters and Production of the County of Buenos Aires s / I Aid" in opportunity of the consideration of a precautionary measure requested by the first group.
 
In this legal actions in first instance the Judge enlarged the dictated precautionary measure excluding there specifically of the prohibition willing to the handmade fishing of prawn species and shrimp in the area of Blue Riacho for the term and under the conditions that establish the pertinent permits.

However, in second instance, the Chamber revoked this measure ampliatoria, in reason that effective norms exist in the matter and in that is necessary a permanent and not transitory solution for the satisfaction of the legitimate necessities of the handmade fishermen.

Here would be necessary to make an exact differentiation between the handmade fishermen of prawn and shrimp and of the fishermen of indispensable fish for the Tourism of Sport Fishing (gatuzo, cazón, whiting, corvine, palometa etc.), since in San Blas' Bay they are extracted the fish commercially few days before the initiation of the Tourism of Sport Fishing that mobilizes dozens of thousands of Tourists to that destination.

On the other hand the legitimate necessities of the handmade fishermen = the fishermen's legitimate Necessities with tramayos in the lagoons = legitimate necessities of the malloneros of the delta of the Paraná, will leave to the County with very few environments for the tourist exploitation of Sport Fishing, the County of Buenos Aires should surely be consequent with the contents of its tourist place: www.vivalaspampas.com.ar.

In this mark, the present legislative initiative seeks the modification of the Law 12.778, dictated in the mark of the Law 10.907 and its regulation ordinance 218/94, with the purpose of declaring Natural Reservation of Uses Multiple Bay San Blas, Waterlogged, Union of the Party of Patagonian.

The law 10.907 prepare in the article 10° that understands each other for reservation of Multiple Uses to those "oriented ones to the investigation and experimentation of the rational and sustained use of the means and the natural resources. They constitute characteristic areas of the landscape selected by their representative more than exceptional nature in which places are provided for the long term use of natural areas of investigation and surveillance; especially when it overcomes it to provide a better base scientist for the conservation. In them emphasis will be given to the investigation of the objective conservation of the ecosystems (with all its component species), rather that to the conservation of individual species. They will be able to include atmospheres modified by the man so that they serve as places to make comparative studies of natural and degraded ecological systems, as well as the application of technical of handling of recovery of this system. They will be zoned in the form settled down in the article 13º of this Law."

On the other hand, the aforementioned Law settles down in its article 20° inc. d) that you prohíbe the fishing, hunts and any other action type on the fauna, except for when valid scientific reasons this way the aconsejaren.

Also, it should be kept in mind that such a prohibition makes distinction some among commercial, handmade and sport fishing, although for the characteristics characteristic of these last two fishing activities are it is ago necessary to except them of this prohibition in the environment of the one referred Multiple Reservation of Uses.

Environment of the reservation of multiple uses is not only Blue Riacho, with this sentence includes Bay San Blas, and to the whole coast from Bay Blanca until "almost" Viedma.

Keep this in mind, hooked with the authorization of the Sport Fishing and the Tourism of Fishing they give authorization to the pillaging of the commercial handmade fishermen, it is the same excuse that they used to veto the law of protection of the Gilding (the mallón cannot differ among the different species), in this case the prohibition doesn't differentiate the different fishing activities, the ships of the commercial handmade fishermen extract too many tons of fish that  has an infinitely superior value to that of the net of a handmade one in the cane of a Tourist of Fishing, and also the handmade fishermen of Bay San Blas, finished the season of commercial fishing, they are integrated to the exploitation of the Tourist Sport Fishing.
 
However, through the article 15 of the Ordinance 218/94 (regulation of the Law 10.907) settles down in generic form that the application organism will be able to allow the practice of sport fishing and the aquatic sports, dictating in such a case the pertinent regulatory norms that will keep in mind the characteristics of the reservation.

Reason for the one which, the present modifies the Law 12.788 incorporating the article 5° that settles down that in the area of Blue Riacho so much the handmade fishing is allowed as sport. On the other hand, for the article 6° prepare that the Authority of Application will be able to suspend the admitted activities when they degrade the ecosystem, be for scientific studies that advise it, for on exploitation of the resources, for the use of technical noxious for the atmosphere, among others.
 
It is continued without to define which is the "area of Blue" Riacho with latitude and exact longitude of those limits that yes they are specified to define the Natural Reservation of Multiple Uses

All told that which, the present initiative offers that from the Provincial State the conflict is solved through a specific regulation of the environmental matter to treat debit side since to consider that the objectives of the legislation in this matter necessarily debit side to respect the local and regional particularities since uniformity doesn't exist in the environmental thing.

Should stand out that the present is framed so much in the article 14, 41 of the National Constitution, as well as in the article 28 of the Provincial Great Load.

All told that exposed requests to those Sirs Legislators that accompany with their affirmative vote the present bill.

And it was this way,

I believe that this law should be a lot but it sums up as for the exceptions of the prohibition, to define in indubitable way which is the "area from Blue" Riacho to which refers the exception, to the species that can be extracted without they deteriorate the tourist resources, and to put end point to a litigation that is not sustainable from any point of view, you cannot depredate a resource that moves dozens of tourists' thousands year to year, mainly because it is the only realizable fishing near the coast, enough sea has our country, so is not justified to depredate the coastal area and less in a locus in quo there is a very developed tourist infrastructure, with a great quantity of lenders of services of Sport Fishing.

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As it can be that habiendo  millions of Argentineans that we practice the Sport Fishing, is not we possible to make hear our birdcall voice for the protection of the resources??

Somebody told me once:

Does Vos believe that a country that allows its children and its old men to die will take care of the fish??????

I refuse to believe that this is this way.

TODAY is the moment to act to leave in clear as they will take care the resources, tomorrow will be late, and great part of our Atlantic Costa From Buenos Aires can finish as so many other destinations of Sport Fishing that  die without anything one can make in this respect.

Senators

Presidency

Deputies All have the mail address

Message to the Chamber of Diputados:soylegislador@hcdiputados-ba.gov.ar

Legislation General:c_legg2@senado-ba.gov.ar
President Federico Scarabini

Agrarian matters and Fishes: c_asagra@senado-ba.gov.ar
President: Miguel Ángel Disalvo.

Ecology environment and Development Humano:c_ecolog@senado-ba.gov.ar
President: Carlos Alberto Díaz

Transport Ports and Interests Marítimos:c_intmpp@senado-ba.gov.ar
President: Manuel Lozano

Vice President of the Nation
Daniel Scioli
daniel.scioli@senado.gov.ar

advisory of Sport Fishing of the secretary of tourism of the Nation
jrios@turismo.gov.ar

Senator Lebed
hlebed@hotmail.com

keeps Faunas
agbalp@yahoo.com.ar  

Or if they want it they can use the following form addressed all the Deputies, some Senators and to the addresses that figure above.