Agreement 014-2023

This agreement protects a marine zone of 12 nautical miles off Trujillo, Colón, declaring it a "Marine Wildlife Site of Importance." It aims to preserve marine species, recover fish populations threatened by illegal industrial fishing, and allow local communities (especially Garifuna) to participate in the sustainable management of this strategic resource for their livelihoods.

Whereas the Constitution of the Republic declares the conservation and protection of environmental resources to be of national interest, as well as their adequate management and rational use, and likewise declares the technical and rational exploitation of the nation's natural resources to be of public utility and necessity.

Whereas the Forest Law, Protected Areas and Wildlife establishes that the ICF is the executing entity of the national policy for forest conservation and development, protected areas and wildlife; in correlation with what is established in the Convention on Biological Diversity.

Whereas the declaration of sites of importance for wildlife is a legal instrument for the establishment of protected areas, contained in article number 340 of the Regulation of the Forest Law, Protected Areas and Wildlife; likewise it is the authority of the ICF to approve Agreements, Regulations, Manuals and Instructions to carry out the management of the forest sector, protected areas and wildlife, taking into consideration the Forest Law and other Laws of the current legal system.

Whereas the "SITE OF IMPORTANCE FOR MARINE WILDLIFE TRUJILLO", with jurisdiction in the municipality of Trujillo, department of Colón, is located over a maritime zone of 12 nautical miles, with its limits and boundaries being as follows: TO THE NORTH: with the Caribbean Sea; TO THE SOUTH: with the protected area "Capiro and Calentura National Park"; TO THE EAST: with the municipality of Santa Rosa de Aguán and TO THE WEST: with the municipality of Santa Fe, which has a surface area of Ninety-seven thousand three hundred fifty-six point fifty-seven (97,356.57 m2) square meters, measured from the highest tide line for its declaration.

Whereas the issuance of the Declaration of the "SITE OF IMPORTANCE FOR MARINE WILDLIFE TRUJILLO" arises because said area serves as refuge to diverse marine fauna in the communities of: Barranco Blanco, Puerto Castilla, San Martín, Cristales and Río Negro, Capiro and Jericó; all the above located in the municipality of Trujillo, department of Colón; these are being seriously degraded progressively, caused by various reasons, such as bottom trawl fishing by industrial vessels (overfishing), illegal fishing, among others; a situation that does not permit inclusive and participatory governance of local communities, being that the fishing resource is one of the main activities as a means of livelihood and food chain; likewise this initiative is a strategy for creating fishing recovery zones within the area of responsible fishing.

Whereas the issuance of the Declaration of the "SITE OF IMPORTANCE FOR MARINE WILDLIFE TRUJILLO" has among its objectives the purpose of creating an area for the protection and preservation of marine fauna, especially reproduction zones and fishing recovery (ecosystems in the larval and juvenile phases), prevention of the main migration routes of species of high ecological importance in the Mesoamerican region, protection of the habitat of species of commercial and biological interest such as: seagrass meadow, sea cucumbers, queen conch, starfish, lobsters, establish a program of biological monitoring, research, evaluation and surveillance of marine resources in the zone; likewise taking into consideration that several of the communities mentioned above belong to the Garifuna ethnicity, which are located within the area subject to this declaration.

Whereas, in accordance with the Guidelines for the Declaration of Sites of Importance for Wildlife, these are natural areas of national and/or private tenure under adequate conditions for the maintenance of wild organisms in danger of extinction, endemic and of restricted distribution; added to this, a process of environmental education to the general public about the ecological and economic value thereof, since they are of both national and international interest, as well as for science in general. CONSIDERING: "That hydrobiological resources suitable for artisanal fishing and aquaculture activities, for reasons of protection and preservation are subject to special planning and management plans by regions, fishing zones or fishing grounds to a maximum of active vessels, estimated total catch quota and other measures to safeguard the sustainability of the fishing activity.

Whereas the Constitution of the Republic in its article 11 literally states "Also belong to the State of Honduras: 1) The territorial sea whose width is twelve (12) nautical miles measured from the line of lowest tide along the coast; 2) The contiguous zone to its territorial sea, which extends to twenty-four (24) nautical miles, counted from the baseline from which the width of the territorial sea is measured; 3) The exclusive economic zone, which extends to a distance of two hundred (200) nautical miles measured from the baseline from which the width of the territorial sea is measured; and, 4) The continental shelf, which comprises the bed and sub-soil of submarine zones, which extends beyond its territorial sea and along the entire natural prolongation of its territory to the outer edge of the continental margin, or else to a distance of two hundred (200) nautical miles from the baseline from which the width of the territorial sea is measured in cases where the outer edge of the continental margin does not reach that distance; and, 5) As to the Pacific Ocean the above measurements shall be counted from the closing line of the mouth of the Gulf of Fonseca, toward the high seas.

Whereas the United Nations Convention on the Law of the Sea in its Section 2. LIMITS OF THE TERRITORIAL SEA Article 3 establishes: Breadth of the territorial sea. Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles measured from baselines determined in accordance with this Convention.

Whereas competencies regarding the protection, management and administration of marine, fluvial and lacustrine species found in protected areas shall be done in coordination with whom it corresponds, and if aquatic components exist in the protected areas and wildlife, in the preparation of management plans the measures established in the Fishing Law must be taken as established by the Forest Law Protected Areas and Wildlife in its article 115. CONSIDERING: The Initiative arises with the Association of Municipalities of Garifuna of Honduras (MAMUGAH), Association of Artisanal Fishermen of area communities, Center for Marine Studies (CEM), NGO, Rare (Fish Forever), Fundación Ayuda Acción and the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF) through the Atlantic Forest Region. CONSIDERING: The management of these zones shall be conducted in an articulated manner and with the participation of local actors, governmental entities and grassroots organizations involved in marine conservation, and subsequently to the declaration a management plan, action plan or life plan shall be developed in a participatory manner, a tool that will be developed in relation to legal and technical standards in accordance with international treaties.