Legal Options Against the Punta Banco Tuna Cages

Unfortunately, the referendum about installing tuna farms at the mouth of the Golfo Dulce cannot take place any time soon. There are various bureaucratic hurdles. For instance, it is not permitted to have a referendum within 6 month of other elections. The next elections for the presidency will take place in February of 2010. This would give the community a deadline of July 2009 for the referendum. This is is too soon to raise funds, complete the legal process and conduct campaigning.

At the moment, it will be at least another year before the referendum can take place. A referendum is still the preferred option to settle the tuna farm issue once and for all. A year will give us plenty of time to educate the public about the tuna farms. Fundraising, however, should start right away so that a consulting company can be hired to get the process started.

It is still unclear whether the district of Pavon (coastal communities from Punta Banco/Burrica to Zancudo and Comte) can conduct a referendum separately or if it will have to include the entire canton of Golfito (Golfito, Puerto Jimenez and Rio Claro) .

Background information:

Costa Ricas highest court froze the tuna project when inconsistencies were discovered in the environmental impact report filed by the company, Granjas Atuneras.

For instance, according to the company's report ocean currents move from the gulf towards the open ocean and thereby flush out any fecal matter produced by the captive tuna. However, the Sala IV found that no scientific studies of the currents exist and ordered Granjas Atuneras to provide this study, which it has not done.
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The Company states that..."currents flow from the gulf towards the open ocean and thereby flush out any fecal matter produced by the captive tuna."

Of course all the locals here know that currents go both ways, or the surfers could always just drift back to the line-up after a ride without having to paddle.

And how would you explain the bales of cocaine washing up on our beaches after a drug bust out at sea?
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Fortunately for us, Setena's approval alone does not put the project in motion. Next, the environmental minister Carlos Manuel Rodriguez has to confirm Setena's decision which he is expected to do. Nonetheless, others need to give it the green light as well, our Mayor Jimmy Cubillo among them. He has promised to veto it.

So all is not lost but it looks like the project will remain on the drawing board for some time to come and we have to mobilize. We hope to settle the issue once and for all by having the local people decide in a referendum. However, the referendum is more complicated than was expected. Money is still needed to hire a consulting firm to conduct the independent referendum and pay for other expenses (lawyers, fees, etc.).

- submitted by Lili Romano

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