Akumal Bay tagged posts

Beach Entrance to Akumal Bay: Changes as of March 5, 2018

In light of the recent closure of the beach path through private hotel property and the various rumors and speculations on social media, it’s time to set the record straight. We’ve been getting various questions and have been working on getting the correct answers. Here is what we know so far:

Was the beach path in Akumal closed?

Yes. The illegal path that ran through private property was closed under a federal court order on Monday, March 5. However, there are multiple access points or “Ventanas al Mar” to get to Akumal Bay. (See the Urban Development Plan Akumal 2007-2032, page 98.)

Is Akumal Bay now closed?

No.

Is Akumal Bay now a private beach / privatized bay?

No. The beaches in Mexico are public beaches.

Why was the path by the arch in Akumal closed?

The path was illegally created two years ago through private hotel property by a group of commercial tour operators. It was never a government-recognized access point to the beach, and the property rights of the hotel were violated. It took two years in court proceedings for a resolution. Last month a federal judge issued a court order to return the property back to its rightful owner under the supervision of municipal police.

How do I access Akumal Bay now?

Image from the Urban Development Plan Akumal 2007-2032

There are two main options to access the beach:

  1. Through one of the government designated “Ventanas al Mar” or windows to the sea in Akumal. (Marked by blue diamonds on the map.) There are accesses to Akumal Bay both to the south and to the north.
  2. Through Centro Ecologico Akumal—the building beside the Akumal Dive Shop.

 

Is there a fee to access the beach?

Entering the beach through one of the “Ventanas al Mar” is free. (These windows to the sea are federal property and under the jurisdiction of the federal government.)

If beach-goers wish to enter and use the services provided at the Centro Ecologico Akumal building (washrooms, showers, lockers, lifeguards, palapas etc), they can do so according the following fee schedule:

  • Residents of Quintana Roo with identification: Free
  • Children under 6 / seniors with INAPAM identification card: Free
  • All other visitors or guests: $5USD/100 pesos.

In summary:

  • Akumal Bay/beach is not closed.
  • Akumal Bay/beach is not private.
  • Akumal Bay has several access points/paths.
  • Anyone can access the beach through the Ventanas al Mar or the CEA building.
  • “Quintanarooenses” can enter the beach through the CEA building at no cost.

As we become aware of more details, we will be sure to post.

Updates to the Illegal Beach Path in Akumal

Since 2016 when land was illegally taken from Hotel Akumal Caribe by a group of commercial tour guides and operators wielding chainsaws, axes, and machetes claiming their right to the private property, the process to reclaim the land has been in the courts. At the end of January, a federal judge passed the order that the land in fact belonged to Hotel Akumal Caribe, recognized through municipal and public records that the path to the bay is not a “window to the sea” (as the cooperatives/commercial operators claimed) and that the land is to be restituted back to the hotel.

Currently, the municipal president is defying the court order and some of the commercial operators are retaliating by launching false media campaigns.

Recently the following was published in QueQui newspaper. (Translation below.)

 

To the public opinion

Background: On August 31, 2016, various groups of commercial operators, in collusion with the City of Tulum, invaded private property belonging to the Hotel Akumal Caribe. Arguing that within said property there should be a public access to the beach (window to the sea). In the presence and with the consent of the municipal police, the merchants were introduced to the property with heavy machinery, chainsaws and machetes and demolished buildings, deforested green areas and even demolished the statue of Gonzalo Guerrero.

From the date on which this occurred, the invaded area has been used for the sale of turtle swimming tours, rent of vests and other offers of the informal vendors; This to the detriment of the ecology and the tourist image of Akumal.

The Hotel, firmly believing in the rule of law, sought to assert its property rights and the resolution of the conflict with strict adherence to the law. This process has been  long and expensive. Meanwhile, for more than a year and a half, the invaders commercially exploited the property, causing irreparable damage to the image and tourist offer of Akumal.

After a long legal process, the Second Collegiate Court of the Seventh Circuit, Cancun, Quintana Roo, determined that the ownership of the Hotel Akumal Caribe was taken illegally on August 31, 2016 and ordered its restitution. Among other things, the definitive resolution establishes that:

“… to restitute the complaining party with respect to the part of their property that was affected …”

We have full confidence in our legal institutions. The legal truth is now clear. We await the full compliance according to the law by the Municipality of Tulum. The validation by the municipal authorities of acts contrary to the law and the incitement to “continue with the struggle” is a clear challenge to federal justice and the laws of our country.

We will remain committed to the sustainable development of Akumal. Convinced that the best way to help the community is with generating jobs and attracting quality tourism. We should not devalue the tourist offer of Akumal for the benefit of the informal vendors; this does not contribute to its development. On the contrary, it directly attacks the investments that generate employment and the right of legitimate workers and businesses in the tourism sector of the entity.

Hotel Akumal Caribe

Owners, managers and workers.

Lack of information and communication by authorities creates confusion and disarray in the bay.

Akumal Bay is in a state of uncertainty as well as disarray.

The declaration of the Refuge for Protected Marine Species and with that a new bay management plan now being enforced has created many problems and issues which in turn is confusing and bewildering to those visiting the bay.

The authorities have not implemented any signs, maps or any visual informational to help inform the visitors once they arrive. Additionally, the general public including Mexican nationals, guests of the hotels and resorts and rental properties are unaware that there are government authorities and other monitors in the bay and when someone approaches them when they are already in the water, they naturally react with doubt and reservation as to who the person is.

It does not help the situation either that for the past year at least there have again been groups of guides from several of the tour operator cooperatives that are now “bay monitors”. Many of these are the very same individuals from the former “Vigilance Committee” of the summer/fall of 2016 that were stalking and extorting visitors to take a tour. They were very convincing with their official looking green shirts or “bay patrol” shirts but in fact they were not any legal authority and many were reported for their actions and bad behavior towards tourists.

All of this has been circulating around in social media and over time has had very detrimental effects to Akumal tourism. Anyone that has access to these pages and have either been following the history of these events or are hearing about these incidents for the first time, would naturally be leery of ANYONE approaching them, especially when they are already in the water…let alone consider even coming to Akumal.

In a perfect world, proper informative signage with maps in English and Spanish would be placed in several strategic and visible locations in Akumal, including the beach. An effort would be put into proper training for these patrols that would include better methods to engage visitors such as basic customer service protocols, conflict resolution and that any personnel tasked with these monitoring responsibilities have good communication skills.

The government officials should speak English at the very least but if their decision is to enlist local guides, then they need to also have proper training and be able to communicate effectively (just not speak) in English. They have been sent out on a mission without the tools to carry out the mission!

And to make an effort to try to be polite and professional even educational to visitors would go a long way.

There should be visual aids by way of signage letting people know what the rules are BEFORE they enter the water. There should be someone available to answer questions or doubts. None of this is in place, but we are hopeful that it will be and very soon. The business and property owners of the bay have been requesting this from the authorities and showing them evidence of how a management plan can go very wrong if not monitored correctly.

So one wonders why there is so much conflict now with the present “vigilance committee” of Akumal Bay? And consequently, the actual government officials should be wondering why they are getting a negative reaction from tourists when they approach them…because there in fact is indeed the source of the issues plain and simple.

The New Buoys in Akumal

In the past weeks, buoys have been installed by the authorities in Akumal Bay. There is little to no information public information on the zones, but this popped up today on Hotel Akumal Caribe’s Facebook page.

For those of you that have seen the new buoys in the bay, this is the sparse information we have about them. (Beyond saying that they are not aesthetically pleasing and very confusing)
The permits for snorkel tour operators state that permit holders are only allowed to take tours around two circuits as per the map below.
  • The dark purple area around the two circuits is for guided snorkel tours only in a clockwise direction. (“Poligono de nado”)
  • The white area on the first 50 meters from shore is for swimming. Anyone can go in there and use it for recreational purposes.
  • The turquoise area denotes the navigation channels for motorized watercraft.
  • The light pink states it is for dive use although that area is too shallow and has reef.
  • The lime green area is restricted to everyone. So no swimming or snorkelling here.
  • The yellow area is labelled” zoned for sustainable recreation activities” but no rules or regulations explained.

There are no explanations for the use of the rest of the bay.

There are a lot of questions that these permits and map have raised for those that are not on snorkel tours, and want to go snorkelling on their own. Furthermore, no government authority has been able to clarify our doubts or answer our questions.

There is still no management plan in place. One would think that this would go before giving out permits. CONANP, who put out this map is supposed to put the management plan in place and has yet to have a constant presence in Akumal. The only supervision being carried out is by PROFEPA, (the environmental police) but it is sporadic and ineffective in controlling the snorkel tours, let alone overseeing the use of the rest of the bay.

 

These are our conclusions:

 

Guided tours are not being controlled. Snorkelers with no guides do not know where to go, when it’s ok for them to snorkel or what gear is allowed. Sometimes they are told to use short fins, sometimes they are not told anything. Sometimes they are told to wear a life jacket, sometimes only when with a guide. Sometimes they are told that they cannot wear an inflatable life jacket, and so on. The confusion continues. And sadly, there are no concrete answers.

There are no set limits of use for the entire bay, and the limits of use for the circuits by the permit holders is also not clearly stated in the permits.

The “quasi “rules are for everyone, without regard to where they come from, or where they are staying. The properties on the beach do not regulate the use of the bay. This is strictly the jurisdiction of the government, and they have yet to show a professional logical and sustainable management plan based on real science.

The original article can be viewed here:
https://www.facebook.com/notes/hotel-akumal-caribe/the-new-buoys-in-the-bay/10154553260551930/

A Poor Example of Protection Efforts in Akumal Bay

A few weeks ago, the “snorkel with turtles” suspension in Akumal Bay was lifted after only 51 days and SEMARNAT reissued permits to commercial operators.

Much like before, only those with a permit can conduct tours in the bay, and each permit holder is expected to follow certain limitations and restrictions to conduct their business in a sustainable and prescribed way within a specific protected area within the bay. Some of those limitations include:

  • Snorkel activities can only be carried out between the hours of 9 a.m. and 5 p.m.
  • No more than 6 people/group plus a guide.
  • The minimum distance between groups is 10 meters.

A full list of rules for tourist service providers can be found on CONANP’s Facebook page.

Yet in the past few weeks, since the permits were issued, several rules are being ignored. Case in point, the following irregularities and violations have been witnessed:

  • Snorkel tours are being conducted before the hours of 9 a.m.
  • Snorkel tours are being conducted after 5 p.m.
  • Commercial tour providers rumoured to not having a permit are conducting tours and operating in Akumal Bay.
  • Snorkel groups are exceeding the limit of 6 people per group
  • Snorkel groups are not keeping a 10m distance

Why are the rules being broken?

There are several forces at work, as was the case before the suspension. First and foremost, it comes down to the lack of respect for the rules.

For years, many of these commercial operators have been conducting their business in whatever manner they see fit, focusing on profits first and ecological impact last. Also, history has proven that their conduct of operation comes from a different “playbook”—a playbook that condones setting up shop on private property, conducting business illegally, torching police stations and vehicles, vandalizing and theft as well as acts of physical assault against their fellow citizens and tourists… all actions that have come with minimal or no legal consequences.

So how can it be feasible to go from renegade and rebellious self-serving attitudes to having to follow the rules? Even the former permits which clearly stated a maximum of 12 people per day per tour operator were never followed along with other directives, so what possible incentive or motivation would make them follow the rules now?

Secondly, and perhaps the biggest reason as to why the rules cannot be followed falls onto the responsibility of the authorities with their lack of organization and ineffective enforcement and execution of any sort of overall management.

The most recent permits were reissued before the authorities bothered to conduct any scientific studies to establish the capacity limits for the bay or organize a cohesive management plan or even implement protocols or procedures to oversee or enforce the rules, effectively creating a “cart-before-the-horse” scenario.

Authorities are on the beach, but without a monitored, centralized entrance or organized procedures in place for both in water and on the beach activities, there is no way for the authorities to know the following:

  • which groups are entering—permitted or not,
  • which groups are entering with authorized guide,
  • how many people each group is entering with,
  • which circuit each which group is using,
  • are the groups following the timeline for each circuit, or
  • how many total snorkelers or beach goers have entered the beach that hour or day.

If the authorities can’t effectively monitor the activities, how are they expected to enforce the permit rules?

The simple answer right now is that they can’t. Without structure in place and only two PROFEPA staff to monitor all the activities and actions for over 30 permitted groups (alongside the unpermitted groups) in and out of the water, it is just not viable.

As a result of these serious and definite gaps, many of the tour operators are capitalizing on the situation. Tour groups are entering the bay before 9 a.m. and after 5 p.m. with more than six individuals because there are no authorities on the beach at these times. And even when there are authorities on the beach between 9 and 5, they simply don’t have the capacity to fully monitor or enforce those entering without a permit or those entering at a different access with more than six people.

Is protection a priority? 

So, it begs the question, is protection of Akumal Bay really a priority?

If protection of Akumal Bay were a priority, then each and every tour operator would be making a conscious effort to respect the rules and demand the same from each permit-holding colleague.

If protection of Akumal Bay were a priority for the authorities, and not just the façade of back patting and congratulatory credit in decreeing a protected area, a cohesive management plan (including capacity limits based on local scientific studies) with various approaches to administer that plan would have been developed and implemented even before the consideration of re-issuing permits to legitimate commercial tour operators with business permits and a business address.

If protection of Akumal Bay were a priority, an effective and comprehensive plan would take into account more than just the guided tours of the bay—it would consider the rental of snorkel equipment (a great contributor to the overuse of the bay), education and information for all users of the bay, and training and education to ensure all guides are qualified, insured, first-aid certified and all operating in a sustainable, standardized and legal manner.

But… when governments are financially encouraged to put the cart first, the priority for the horse is secondary at best—disregarding the vital planning, implementation, enforcement and management steps—thus resulting in Akumal Bay being a poor example of ecological protection designed by all levels of government involved.