Public Statement of the Venezuelan Society of Ecology (SVE), the Venezuelan Association for the Study of Mammals (AsoVEM), and the Fishermen's Council of Pampatar, Estado Nueva Esparta
Project to build a “Fauna Refuge” and rehabilitation center for dolphins and other mega-vertebrates in Pampatar, Municipio Maneiro, Estado Nueva Esparta
Contradictions with the Constitution and the law
In response to the public announcement made at a press conference held in Pampatar, Isla de Margarita, on February 17, 2024 by the citizen Minister of the Popular Power for Ecosocialism (MINEC) and President of the National Parks Institute, together with representatives of the company Waterland Mundo Marino, regarding the project in reference, we wish to state our public position on the matter.
Accordingly, we declare that:
- The aforementioned project was not submitted to public consultation with local communities, fishermen’s and fisherwomen’s councils, the scientific community, university associations, or the general public, in contravention of the provisions of Article 128 of our Constitution.
- The proponents did not present nor make any reference to the mandatory “Environmental and Socio-cultural Impact Study” established in Article 129 of the same text.
- The proponents presented the project under the name “Fauna Sanctuary” (“Santuario de Fauna”), also using the term “refuge”. In this sense, given that the project involves wild species and that the audio-visual material distributed shows that the project contemplates the intervention of the marine environment for the construction of considerable infrastructure, it contravenes the definition of Wildlife Sanctuaries (“Santuarios de Fauna Silvestre”) specifically established in Article 32 of the current Law for the Protection of Wild Fauna (Ley de Protección a la Fauna Silvestre, LPFS), which states that “The National Executive, after the corresponding scientific studies, shall declare as Wildlife Sanctuaries those areas where animals peculiar to the national fauna inhabit, or species that are rare in the world, or those areas where the concentration of certain animals constitutes or may constitute a reason for recreation and tourism” (emphasis ours). The majority — if not all — of the dolphins owned by the proponent company are not part of the national fauna, as they come from imports made from the Republic of Cuba.
- The declaration of Sanctuaries, Refuges, and Wildlife Reserves corresponds to the President of the Republic, in Council of Ministers, subject to the corresponding study (articles 30–34 LPFS). To date, it is unknown whether such a study was actually carried out, and the announcement did not include any reference to a presidential declaration.
- The characteristics of the project, which contemplate the construction of infrastructure in the marine environment, openly contravene the essence and purpose of the creation of natural protected areas, where what is protected is the natural environment. For this reason, given its purpose of keeping wild animals confined by force (Article 2 LPFS) in reduced spaces, the appropriate term for the aforementioned project would be related to the concept of a marine zoological park aimed at obtaining pecuniary benefits.