Akumal Bay tagged posts

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.

DEFYING THE SUSPENSION ORDER; CHALLENGING THE AUTHORITY

Earlier today several local cooperatives took guided snorkeling tours in Akumal Bay, despite the ongoing temporary suspension and the suspension notice  clearly visible on the beach.

Guide from local cooperative walks his “snorkel with turtle” tour guests past military patrol, PROFEPA and suspension notice sign

The authorities were apparently  taken off guard and started documenting evidence. They were unable to stop this activity although they followed them into the water. Some tense interactions on the beach with the rest of the guides had the military standing by.

Profepa officials were seen on the phone, but they did not get the guides to desist, although they eventually stopped on their own. This seems to be a brazen act of rebellion and lack of respect for the authority, unless something else is happening here.

In addition, cooperatives have been taking tours in after Profepa staff leave at 5pm, and as of yesterday, the Profepa staff were doing overtime and left at 7pm. We hope to get some clarity about this situation soon.

Authority Confirms, No Public Access through Club Akumal Caribe

The following note was published in both PorEsto! and Novedades yesterday. Below is a translation.

THE AUTHORITY CONFIRMS THERE IS NO PUBLIC ACCESS THROUGH CLUB AKUMAL CARIBE.

ANYONE STATING CONTRARY TO THIS TRUTH IS LYING.

Some groups of Akumal are lying to manipulate public opinion and the people of Akumal when they say that the property of CLUB AKUMAL CARIBE SA DE CV is in litigation.

What they say and publish is completely “FALSE AND WITHOUT REASON.” The property of Club Akumal Caribe, S.A. of C.V. is not and has never been in litigation.

To understand the falsehoods and lies, it is important to understand the meaning of the word “litigation.” Litigation is a legal discussion before a Superior Judicial Body. The above should not be confused with “conflict” since to deny that there is a conflict would be a waste of time. However, the conflict that exists is caused by the inaction on the part of the Municipality of Tulum to enable the windows to the sea stipulated in the Program of Urban Development of Akumal 2007-2032.

The only thing that is in dispute is the constitutionality of the agreement of the Seventy-Fourth Ordinary Session of the previous Town Council of the Municipality of Tulum, Quintana Roo, held on August 29, 2016…which by the way was their last session.

The previous cabildo (town council) issued its agreement without giving any warning to Club Akumal Caribe when it had the legal duty to give a written notice to the legitimate owner of the property that was under study. This would have allowed the property the possibility to exhibit all the documents and elements of necessary proof and verify their rights and not leave it in a state of being defenseless, as in fact did happen at the moment they dictated the mentioned agreement of the previous cabildo.

Likewise, the act of the previous cabildo violates the constitutional rights enjoyed by all Mexicans. As established in Article 14 of the Constitution, it guarantees that “No one shall be deprived of liberty or property, possessions or rights, except through trial before the courts previously established in which the essential procedural formalities are complied with and in accordance with the laws issued prior to the fact.”

In addition to the above, on February 13, 2017 an official survey was issued (study for the delimitation of terrestrial surfaces) within the Research folder: FGE / QR / AMPTUL / UITUL / 09/17/2016, carried out at the request of the C. Agent of the Public Ministry of the Common Jurisdiction in Tulum, Quintana Roo, which confirms and demonstrates that within the property of the Club Akumal Caribe…THERE DOES NOT EXIST AND NEVER HAS EXISTED AN ACCESS OR PUBLIC PATH TOWARDS FEDERAL ZONE.

As a result of this official document, the agent of the Public Ministry of the Common Jurisdiction of the Municipality of Tulum granted an Order of Protection in favor of CLUB AKUMAL CARIBE SA DE CV.

Unfortunately, this order has not been complied with by the General Directorate of Public Security of the Municipality of Tulum, a situation that has generated more conflicts and intimidation on the part of some groups with personal interests and against CACSA staff as well as the repeated harassment of local visitors and foreign tourists who visit us, these occurring inside the same property of Club Akumal Caribe and before the complacency of the Municipal Police officers on duty who are supposed to protect the safety of the property.

Something very important that we have the moral obligation to clarify is that, “THERE HAS ALWAYS BEEN FREE ACCESS TO THE BEACH FOR ALL QUINTANAROENSE THROUGH THE UKANA I AKUMAL A.C. (CEA) AS WELL AS THROUGH THE 7 WINDOWS TO THE SEA ESTABLISHED IN PDU 2007-2032. “

However, it is completely false that “within” the property of Club Akumal Caribe exists or has ever existed a public access or a window of access to the sea as some groups with personal interests want to believe.

The inhabitants of the municipality of Tulum and especially the people of Akumal deserve to know the truth.

It is not fair that by false information of certain irresponsible groups the peace and tranquility of our people is disturbed. CLUB AKUMAL CARIBE only asks that what is right is respected, as legitimate owners…but above all, that irresponsible groups and the Municipal Authorities and the City of Tulum reconsider and act within the legal framework attached to the strict word of the law and not by simple populist acts outside any legal and moral order.

All this is and should be for the well-being of the people of Akumal.

Thank you very much

Akumal, Quintana Roo on March 29, 2017

Public Security Agency invades private property

The following article titled, “SP invade propiedad privada” appeared in PorEsto! on March 17, 2017. The following is a translation of the article with additional images.

The original article can be found at: http://www.poresto.net/ver_nota.php?zona=qroo&idSeccion=6&idTitulo=546737

 

Violating the rule of law, the Municipal President, Romalda Dzul Caamal, orders the police to invade private property in the bay of Akumal, by placing a module of the Police agency. The lawyers are preparing to submit the corresponding formal complaint. The fact that a municipal authority in the course of his functions and attributions enters a property without authorization or attempts to dispossess a private individual involves serious crimes for the public servant, in this case the person in charge of Public Security: accused the defending legal party. Javier de Anda Morales, lawyer and legal adviser of Club Akumal Caribe, explained that without prior notice, without authorization, without notice, the Public Security staff headed by General Director Gabriel González Ornelas arrived in an inappropriate manner.

“They are overlooking a lot of information about the scope of their functions and attributions that causes such action, because if the place where they placed the module was a public access, they would already have had it under their control, without the need for an agreement from Town Council, he said. So it is that a tow truck transported the module of information and surveillance, and was set down inside the property, which belongs to the Club Akumal Caribe, trying to dispossess a private individual, which implies a violation of fundamental rights and human rights. “Obviously such an action constitutes an act of dispossession, on the part of the municipal authority headed by Romalda Dzul and against private property and a hotel, the relevant thing is that the module is placed just at the entrance of the hotel and the first view of the hotel is the Public Safety module, “he said.

The mobile police module enters Akumal and is parked on private property without notification or permission.

The lawyer recalled that a complaint was filed in the past on September 5, 2016, since on that occasion individuals with a tractor, entered the property and destroyed several palapas, claiming an alleged public access to the beach, although it has been stated that in that part there is no public access.

“However, such an act was done after an agreement of the Town Council, agreement that is in the courts, being totally illegal and that it is a confiscatory act, because without having any legal basis or proof, they go and say that it is a public access, being that in the PDU, it is not marked a public access, not even close to the property of Club Akumal Caribe, “he said.

He further explained that the Public Ministry has issued an “Immediate Response” order to the Public Security Agency, who instead of complying with the order, which was never called for by the complaining party anyway, now have placed a module saying that it is to somehow to protect the security of the people, in which it is not agreed since it implies the violation of the rights of the one that has possession, and implies the dispossession of a property. “As is now the case of the Club Akumal Caribe, unfortunately it is considered a political issue rather than a legal one and precisely, instead of bearing the political obligations, which would in any case be respecting property rights, they are protecting a series of individuals, violating property rights of a hotel that generates many jobs, “said the lawyer. At the same ceremony Armando Couto Chevert, representative of Akumal Caribe, recalled that on August 31, 2016 they were stripped of part of the property, where individuals destroyed part of the facilities to make an access to the beach, after stating that it is an access, but by no means has it ever been public.  At this point, individuals are still there day and night standing guard, intimidating the hotel staff.

After this action of last Thursday of the invasion by a module of Public Safety, the director was asked to remove the unit to another location, who only said that they would verify, and it is currently the front view of the hotel property.

The aggrieved party shall submit the corresponding complaint, putting the facts before the knowledge of the authority, who must determine whether or not it is, nevertheless, consider that any irruption to a private property without authorization, as in the above cited, constitutes a crime.