Professional Documents
Culture Documents
In Venezuela, projects for large-scale shrimp pact assessment (EIA), which had to be reviewed and
farms emerged in the early 1980s. By 1987, 14 pro- approved at MARNR's central office.
posals were submitted to the Ministry of Environment Next, MARNR set up guidelines for resource alter-
and Natural Resources (MARNR: Ministerio del Am- ation at the selected site to support the authorization.
biente y de los Recursos Naturales Renovables) for These guidelines were based on the characteristics o f
authorization to build such farms (MARNR 1992). the selected site and on the results of the EIA, when-
MARNR followed several steps to issue authoriza- ever this had been required. Finally, the permission
tion. T h e first step was to establish whether the was granted and the continuity of the project de-
project was compatible with MARNR's guidelines for pended on the observance o f the set guidelines.
the site's potential land use. Based on this preliminary Among the 14 proposals for large-scale shrimp
screening, a certificate of land-use compliance ("con- farms submitted to MARNR for authorization in
formaci6n de uso') was granted. This certificate was 1987, three shrimp farms (A, B, G) were to be located
needed to pursue further steps in the process. After- on the western end of the Piritu Lagoon in the State o f
ward, MARNR could ask for an environmental ira- An zo~tegui ( 10~ 10~ 57" north latitude and
65~176 west longitude) (Figures 1 and
2). This area is part of the coastal system formed by
KEY WORDS: Coastalwetlands;Large-scaleshrimpfarming; Land-
use conflicts; Nongovernmentalorganizations; Legal the Unare River flood plain and the two adjacent la-
procedures goons of the Unare and Piritu (Figure 1). This coastal
system offers suitable conditions for the development
*Author to whom correspondenceshould be addressed. of fry, juvenile fish, and larvae of crustaceans and
Environmental Management Vol. 18, No. 5, pp. 647-661 9 1994 Springer-Vedag New York Inc.
648 M. Sebastiani and others
mollusks that are the basis for traditional fishing activ- rai reservoir for organisms coming from the sea to the
ities. It is also inhabited by migratory and resident Piritu Lagoon on the wet season. Moreover, once in
bird species. operation, the water intake channel would have
During the authorization process, shrimp farm A blocked the natural water flow from the Unare River
started the construction with the land-use compliance to the Piritu and Unare Lagoon in o r d e r to fill up the
certificate but without the approval o f the required shrimp ponds. In their opinion, this action would
EIA and the p r o p e r project authorization (Figure 2). have altered the natural balance of salt and fresh wa-
T h e alteration o f the selected pond site triggered an ter in the lagoons. In turn, this would have reduced
unusually aggressive land-use conflict that signifi- the potential of these waterbodies. Finally, they
cantly involved public opinion. pointed out that there was cutting of mangrove in the
Local fishermen voiced their arguments against construction. On the basis of these arguments, the
the shrimp farm on the national press. T h e y opposed fishermen triggered the conflict requesting the inter-
shrimp farm A for several reasons (Garnica 1988a): vention of government authorities.
T h e selected pond site was in an area o f the Piritu Simultaneously, the Audubon Conservation Soci-
Lagoon that temporarily dries out during the dry sea- ety of Venezuela got involved in the conflict because
son. In their opinion, such areas could not be pri- o f their history of research, lobbying, and conserva-
vately owned by law. In addition, the construction had tion activities regarding wetlands. T h e society is inter-
an impact on the main natural spill channel of the ested in wedands because o f their importance as pro-
Unare River toward the Piritu Lagoon (madre vieja). ductive ecosystems and habitats for bird species,
This channel is considered the most important natu- especially shorebirds. In their opinion, the land alter-
Shrimp Farms and Land-Use Conflicts in Venezuela 649
ation caused by shrimp f a r m A had a negative impact sponse f r o m fishermen, who destroyed a portion of
on the habitats of some bird species such as migratory the constructed levees to restore the water flow to-
shorebirds and flamingos (Alvizu and others 1988). wards the Piritu Lagoon (El Nacional 1988).
After the public protest, MARNR o r d e r e d the im- T h e shrimp farm company, on the other hand,
mediate halt of shrimp farm A (Marin 1988). Never- attributed the conflict to potential issues and tactical
theless, authorities did not offer a solution to restore arrangements with fishermen. A c o m p a n y represen-
the alteration caused by the construction of the Unare tative pointed out to the press that their purposes
spill channel. This situation caused an aggressive re- were to: industrialize shrimp harvesting, decrease the
650 M. S e b a s t i a n i a n d o t h e r s
~7
STEP 6 CAUSES FOR PUBLIC PROTEST
Figure 3. Identifying the causes for public protest in the Piritu Lagoon land-use conflict.
drying of the Piritu Lagoon, and offer e m p l o y m e n t to the study area to identify those that were met at the
local fishermen. In his opinion, the activity would not selected site.
disturb the fishing reservoir, block the channels or In the third step, the landscape changes caused by
destroy 1500 ha of m a n g r o v e (Garnica 1988b). the siting o f the ponds on the selected site were iden-
In this p a p e r the following questions about the tified. A sequential, cartographic and diachronic geo-
conflict are addressed: (1) What were the causes for graphical analysis was done. T h e starting point for the
public protest? (2) Are there lessons to be learned retrospective analysis was the photointerpretation o f
f r o m the conflict for land-use m a n a g e m e n t ? O u r fo- the most recent aerial views (1988), which were taken
cus here is to search for answers to these questions. f r o m a small plane. A comparison with views f r o m
1975 (scale 1:25,000) led to the identification of the
Methodology changes that had taken place. T h e photointerpreta-
tion focused on aspects of drainage, vegetation, and
Causes of Conflict
land use. T h e information obtained was verified by
T h e first phase o f o u r investigation was carried out field work, which also allowed an update o f the exist-
in six steps (Figure 3): T h e first step was to gather ing cartography at a scale of 1:25,000. We will refer to
information about the study area and the coastal sys- the 1988 m a p as the 1988 m a p (Figure 4) and to the
tem (Figure 1) with respect to: (1) the relationship 1975 m a p as the baseline m a p (Figure 5).
between the water dynamics of the Unare River and T h e fourth step was to find out why the selected
the coastal lagoons and the fishing potential in these site was part o f the spatial knowledge o f fishermen
waterbodies; (2) the m a n g r o v e vegetation; and (3) the and fisherwomen. It was assumed that every fisher-
bird population. m a n and fisherwoman of the coastal system had their
T h e second step was to find out possible criteria own knowledge about fishing and fishing sites. How-
used by shrimp f a r m A to choose the selected site. T o ever, since they carried out a similar activity, there
do so, it was necessary to assume the position o f a could be considerable overlapping a m o n g their indi-
shrimp f a r m e r in relation to the selection o f an appro- vidual knowledge (Gould and White 1974, Whyte
priate site. T h e ideal conditions were identified based 1970). This knowledge can provide a key to struc-
on Cun (1982) and Snedaker and Getter (1985). tures, patterns, and processes of their activity in the
T h e s e were then contrasted with the characteristics o f coastal system (Johnston 1983). T h r o u g h interviews,
Shrimp Farms and Land-Use Conflicts in Venezuela 651
the researcher can get this information and represent areas of the study area? (3) Which were the sailing
it on a m a p showing spatial knowledge, or prefer- routes? (4) Which fishing strategies were used
ences, of these land users (Whyte 1970). t h r o u g h o u t the year?
Following these ideas, it was decided to interview T h e authors agreed upon these questions in ad-
fishermen and fisherwomen o f the study area. Alvizu vance. T h e n they questioned each fisherman individ-
and others (1988), Cortez (1988), and Padr6n and ually through an informal talk instead of using a visi-
Torti (1984) determined that they lived in the towns ble questionnaire. T h e information collected f r o m the
of La Cerca and E1 Hatillo and that there was a Fisher- interviews was t r a n s f o r m e d into a single m a p that will
m e n Association o f the Unare Lagoon, which at the be referred to as the fishermen's m a p (Figure 6).
time was the largest o f the whole coastal system. On T h e fifth step was to find out why the study area
the basis of this information, the head of the associa- was important for birds. It was assumed that birds
tion was contacted to approach its members. Thus, 20 have habitat preferences to carry out their activities.
fishermen were interviewed at the town o f La Cerca in Birds control, to some extent, the places where they
September 1988 (Figure 1). T h e n u m b e r o f fisher- will carry out their activities, and many do so with
m e n interviewed represented 12% o f the total num- great specificity (O'Connor 1984). "It a p p e a r s that
ber of fishermen related to the Unare Lagoon (Pad- habitat preferences have a large inherited c o m p o n e n t
r6n and Torti 1984). u n d e r natural circumstances, but these preferences
Fishermen were asked questions strictly relating to are also subjected to some modifications by learning"
their fishing activities in the coastal system: (1) Which (Morse 1980), i.e., in many bird species, once individ-
were the fishing sites? (2) Where were the rearing uals choose a wintering area, they tend to return to it
652 M. Sebastiani and others
during subsequent years (Diamond and Smith 1973, t h r o u g h most of the landscapes o f the U n a r e flood-
McNeil and others 1985a). T h e r e f o r e , a m a p of bird plain.
spatial preferences for the sites in which their activi- On different hours of a day in September 1988,
ties take place may show the importance of the study bird watchers counted how many bird species were
area. p e r f o r m i n g specific activities on each side of the road
T o m a p the spatial preference of birds, a field trip at 1-kna intervals.
was carried out to gather information about bird spe- We m a p p e d the acquired data to show the location
cies, their land-use modalities (feeding sites, nesting of bird species and their land-use modalities. We will
sites, and sleeping sites, which refers to places where refer to this m a p as the birds' m a p (Figure 7). A table
large groups of birds rest during the m o r n i n g or the c o m p l e m e n t e d this m a p to show, for each observed
afternoon), the specific microhabitat used to carry out species, its activities and its migratory status (Table 1).
their activities, and their migratory or residential sta- T h e last step was to identify the causes for public
tus (Perrins and Birkhead 1983). Information was protest by integrating and c o m p a r i n g the information
gathered in localities reported by fishermen and the gathered in the previous steps.
A u d u b o n Society and in areas with no previous re-
ports on birds. Consequences of the Conflict for
In areas with no previous information, the road Land-Use Management
between the towns of Nuevo Unare and La Cerca In this second phase, we based the investigation on
(Figure 2) was used as a guideline for systematically archival research and personal interviews to identify
establishing bird watching posts. This road passes the consequences of the conflict in relation to: (1) a
Shrimp Farms and Land-Use Conflicts in Venezuela 653
EL H ATILLO
r LA CE CARIBBEAN SEA
LAI S L E T A ~ -
L~ < . ~ ..... UNARE RIVER MOUTH
NORTH CHAN
J l ~ ~ r-CANOACHANNEL
UNARE LAGOON
I
!
SOUTH CHANNEL~ f LA CERCA {NET)
I
1
I M A I N Ct
I
/
U N A R E RIVER--/--
i / MADRE
NUEVO U N A R E \'
; %~.,o
/. •
I
\ PIRITU LAGOON
\
I
?///
TO CLARINES \
FISHING SITES:
LA ISLETA, LA CERCA~ THE LAGOONS PAVED ROAD
ENTRANCE OF O R G A N I S M S ;
UNARE RIVER MOUTH SOURCE ~ FIELD WORK 1988
reinforcement of the role of nongovernmental orga- pointed out that 83% of the water in the Unare La-
nizations (NGOs) in bringing out environmental is- goon comes from the U n a r e River. According to Pa-
sues; (2) the impact on shrimp farm projects within dr6n and Torti (1984), the water level o f the lagoon
the coastal system as well as nationwide; and (3) the changes with the seasons. During the rainy season,
impact on g o v e r n m e n t decisions and future proce- from J u n e to August, freshwater f r o m the Unare
dures in relation to shrimp farms and the environ- River and rainwater fill u p the lagoon. At the end of
mental m a n a g e m e n t of the coastal system. the rainy season, September to October, the seaward
river flow is strong enough to break the sandbar that
has formed at the river m o u t h during the dry season
Results and Discussion (November to May). T h e opening of the river mouth
causes the water level in the lagoon to d r o p as the
Characteristics of the Coastal System and water retained there flows back to the Unare River
Study Area through the channels and goes into the sea. T h e water
Annual water dynamics between Unare River and coastal level in the Unare Lagoon drops below sea level dur-
lagoons. T h e U n a r e River is the main freshwater ing the dry season, and the river flow is not strong
source for the Unare and Piritu lagoons (Figure 4). enough to prevent the sandbar f r o m building u p at
T h e Unare Lagoon receives fresh water f r o m the Un- the river mouth.
are River, primarily by the main channel (canal prin- In the Piritu Lagoon, the main annual water influx
cipal), which splits into two secondary channels (north comes from the sea. T h e mouth at the eastern end of
and south) before reaching the lagoon. O k u d a (1965) the lagoon is kept open artificially all year round by a
654 M. Sebastiani and others
9 EL HATILLO
LA CERCA LA CERCA( AIN CHANNEL CARIBBEAN SEA
LA ISLETA
--UNARE RIVER MOUTH
NORTH CHANNEL
SOUTH CHANNEL :ANOA CHANNEL
I (:LIt
j#' +',I~ ""-- ""
UNARE LAGOON
,...-,.. .+,
(t,)\
"~" ] UNARE
I
NUEVO MADRE
J
I
I 12
\
%
)
/ PIRITU LAGOON
/
/
TO CLARINES
/
I NESTING AREAS
0 0.5 "l 2 3Kin
II FEEDING GROUNDS ', r r -, [ t
breakwater and dredging. In the study area, there are Vegetation. Mangrove is widespread in the study
two spill channels to discharge freshwater from the Un- area (Figure 4). T h e main species are black mangrove
are River to the lagoon: a natural spill channel locally (Avicennia germinans) and white mangrove (Laguncu-
called madre vieja and a man-made channel for boats, laria racemosa). T h e y are located a r o u n d the lagoons
called Canoa channel (carlo Canoa) (Figure 4). and on sections of the floodplain. This landscape unit
Relationship betweenannual water dynamics andfishing can be classified as a mangrove wetland (Mitsch and
potential of the lagoons. T h e fishing activities in the la- Gosselink 1986). Inland areas are covered primarily
goons are related to the annual water dynamics in the with thorn bushes (L6pez and Machado I987).
coastal system as follows (Padr6n and Torti 1984, Bird population. According to Morrison and Ross
Cervig6n and G6mez 1986): When the Unare River (1989), "the lagoons of the coastal plains o f north-
mouth opens, some fish species in their larval and central Venezuela provide some o f the most impor-
juvenile stages enter the lagoons to complete their tant shorebird habitats in the country," and they are
development. Similarly, the white shrimp (Penaeus part o f the so-called Central Caribbean ecounit. In
schmitti) postlarvae come into the lagoons and stay be- this unit, 10,314 shorebirds, which comprise 43% of
fore reaching sexual maturity. By the end o f the dry the total observed, were in the Piritu Lagoon, while
season (May), the organisms are ready to return to the 1987 individuals, which were 8.3% o f the total, were
sea to complete their life cycle. An open mouth at the in the Unare Lagoon. Most shorebirds o f the Unare
eastern end o f the Piritu Lagoon creates a permanent and Piritu lagoons are on "the muddy margins of the
exchange of organisms with the sea. lagoons along the spit/sand barrier separating the la-
Shrimp Farms and Land-Use Conflicts in Venezuela 655
Table 1. Bird species: Status and land use modalities in the study area a
Use modality by site
Nesting Feeding Sleeping
Common name Scientific name Status (I) (II) (III)
Charadriiformes
Long-billed dowitcher Limnodromus scalopaceus M 1- 7
Greater yellowlegs Tringa melanoleuca M 1- 6
Hudsonian godwlt Limosa haernastica M 7 4
Least sandpiper Calidris minutilla M 3 - 6
Lesser yellowlegs Tringa flavipes M 6 - 7
Sandpipers Calidris sp. R 2 - 7
Semipalmated sandpiper Calidris pusilla M 2
Solitary sandpiper Tringa solitaria M 2 - 3
Spotted sandpiper Actitis macularia R 12 6-7
Stilt sandpiper Micropalama himantopus R 3 - 7
Whimbrel N u m e n i u s phaeopus M 2
Willet Catoptrophorus semipalmatus M 2 - 3
Piping plover Charadrius melodus M 6
Collard Plover Charadrius coUaris M 3
Southern lapwing Vanellu6 chilensis R 2 - 3 - 6 - 7
Common stilt Himantopus himantopus M 3 - 7
Cayenne tern Sterna eurygnatha R 7
Common tern Sterna hirnndo M 3
Gull-billed tern Gelochelidon nilotica M 3 - 7
Large-billed tern Phaetusa simplex M 2 - 3 - 6
Laughing gull Larus atricilla M 2 - 7 4
Yellow-billed tern Sterna superciliari~ M 2 - 6
Black skimmer Rynchops niger R 1- 3
Pelecaniformes
Brown pelican Pelecanus occidentalis R 3 - 7
Neotropic cormorant Phalacrocorax olivaceus R 8 - 11 3 - 7
Magnificent frigatebird Fregata magnificens R 8
Ciconiformes
Great egret Casmerodius albus R 8 - 1i 3 - 7
Reddish egret Dichromanassa r u f escens R 10 - 12 4
Snowy egret Egretta thula R 8- 10 - 11 3 - 6 - 7 4-5
Striated heron Butorides striatus M 7 4
Tricolored heron Hydranasis tricolor R 8
White-necked heron Ardea cocoi R - MI 11 1- 7 4-5
American wood-ibis Mycteria americana R 3
Jabiru J a b i r u mycteria R 2 4
Maguari stork E u x e n u r a maguari R 2
Scarlet ibis Eudocimus tuber R 10 7 4
Anseriformes
Black-bellied whistling duck Dendrocygna autumnalis R 11 3 - 7
Blue-winged teal Anas discors M 3 - 7
White-checked pintail Anas bahamensis R 9 7
Falconiformes
Common black hawk ButeogaUus anthracinus R 3
Osprey Pandion haliaetus R 3
Crested caracara Polyborus plancus M 7
Yellow-headed caracara Milvago chimachima R 1 - 2 - 6 - 7
Passeriformes
Pied water tyrant Fluvicolapica R 2
aLegend: M: migrator, MI: intratropical, R: resident, 1, I1, 11I (see Figure 7). Source: Field work (1988)
656 M. Sebastiani and others
goons from the sea." Birds also use the lagoons in- ela by law (Reptlblica de Venezuela 1977). An excep-
tensely during migration. " T h e importance of these tion to this law allows alterations of natural lagoons
lagoons is underlined by the large numbers o f other and related areas if ownership goes back to 1848 (Re-
aquatic birds using them, including cormorants, peli- ptiblica de Venezuela 1987). Natural lagoons must
cans, ducks and flamingos." have at least a 50-m-wide protected zone around
them. Rivers must also have a protected zone o f 50 m
on each side for navigable rivers and 25 m for non-
Selection of the Site for Shrimp Farm A navigable ones (Repdblica de Venezuela 1966).
According to Cun (1982) and Snedaker and Getter At the time o f the conflict, mangrove cutting was
(1985), the ideal location for a shrimp farm has the prohibited by Presidential Decree 110 (Reptiblica de
following characteristics: (1) easy access to fresh- or Venezuela 1974). T h e decree was related to the Law
brackish water of good quality; (2) flat topography; o f Fishing that prohibits the destruction of aquatic
(3) proximity to natural sources of seed (shrimp post- vegetation and natural formations where fish can
larvae) or adult shrimps; (4) areas with no vegetation hatch. T h e connection between the decree and this
cover; (5) good roads for easy distribution of the law allowed legal interpretations that resulted in the
product; and (6) lands with low potential for agricul- exclusive protection of red mangrove (Rhizophora
ture, tourism, or biological resources. mangle) (MARNR 1979). T h e r e f o r e , protection for
Shrimp farm A was planned to grow only white mangrove at the selected site was weak due to the
shrimp (Penaeus schmitti) in a total area of 120 ha. For presence of mainly black and white mangrove.
this purpose, the western end o f the Piritu Lagoon
had several of the characteristics required by this type
of activity (Figure 2): (1) a nearby source of fresh and The Fishermen's Map
brackish water in the Unare River; (2) a source o f Fishing in the study area takes place throughout
shrimp posttarvae and adult white shrimps in the sea the year with the fishing sites varying seasonally
and the l a g o o n s i t h e Unare River mouth was the nat- (Figure 6): During the dry season, fishing takes place
ural path for the postlarvae; and (3) areas of flat to- mainly around the island "La Isleta" because the wa-
pography close to the source of larvae. T h e selected ter level drops in the Unare Lagoon, causing fish to
site was on flat topography. It would have occupied concentrate around the island. Also during this pe-
areas of the Piritu Lagoon that normally would have riod, fishing is intensified upstream of the Unare
dried out during the dry season and would have been River, up to near the town of Clarines (Figure 1).
u n d e r shallow water during the rainy season. It also During the rainy season, fishermen help in clear-
would have occupied a portion o f the only natural ing the sandbar at the river mouth to accelerate its
spill channel of the Unare River (madre vieja) towards natural opening. Once the mouth is open, a continu-
the Piritu Lagoon. Since the selected site was public ous flow from tile Unare Lagoon to the sea is estab-
land, the shrimp farm company asked the Town lished through the main channel (canal principal).
Council (Concejo Municipal) for permission to pro- Fishermen take advantage o f this strong flow or
pose the new activity on its property. chorro to intercept adult fish and shrimps swimming
toward the sea. T h e y place a plastic net held by logs
across the main channel, at the site o f La Cerca. T h e
Landscape Changes Brought about by Siting annual cycle for fishing followed by fishermen agrees
Ponds in the Selected Area with the existing knowledge about the cycle of aquatic
Comparing the 1988 map (Figure 4) with the base- organisms in the lagoons.
line map (Figure 5), we can identify the following T h e main pieces o f the fishermen's map in the
landscape changes caused by the partial construction study area are (Figure 6): (l) the Unare river mouth
of shrimp farm A: (1) alteration of flat areas o f the (La Boca); (2) the main channel (canal principal),
Piritu Lagoon by construction o f the levees, mainly in which is the sailing route between the Unare River
shallow waters and on m u d d y shores; (2) obstruction mouth and the town o f La Cerca; (3) La Cerca, which
and alteration of the main natural spill channel of the is the site where a net is set for fishing; (4) the island of
Unare River toward the P/ritu Lagoon (madre vieja); the Unare Lagoon (La Isleta); and (5) the madre vieja,
and (3) mangrove deforestation to place the struc- considered a rearing area for fish, crustaceans and
tures, mainly along the madre vieja. mollusks. In the fishermen's opinion this spill channel
Alterations o f natural lagoons, related areas, and is essential for the maintenance of the fishing poten-
natural drainage channels are prohibited in Venezu- tial in both lagoons.
Shrimp Farms and Land-Use Conflicts in Venezuela 657
gua (east o f the Unare lagoon), Unare, and Pfritu tion o f effects and related measurements (MARNR
represent 40% of the birds that arrive at the Venezu- 1992).
elan coasts (Lentino 1988). Shrimp farms B and C were also affected by the
conflict. MARNR temporarily suspended these two
Consequences of the Conflict for projects to revise their land rights. T h e projects were
Land-Use Management halted, although their EIAs had been approved and
their authorizations had been granted. In 1989, the
Reinforcement of the role of nongovernmental organi- National Procuratorship decided that part o f the area
zations (NGOs) in bringing out issues in land-use con- to be occupied by shrimp farm B had a similar situa-
flicts. T h e land-use conflict u n d e r study emerged tion to that of shrimp farm A and, therefore, its activ-
because o f the active role o f the fishermen's associa- ities should concentrate only in their own inland ter-
tions of the coastal system and o f the Audubon Con- rain (MARNR 1992, Novo 1990). In relation to
servation Society o f Venezuela. These NGOs, sup- shrimp farm C, the National Procuratorship found
ported by the Environmental Act (Rept~blica de out that its suspension was not appropriate because
Venezuela 1976), submitted complaints to MARNR's the land was privately owned and not associated with
regional and central offices, demanding legal actions the Pfritu Lagoon. At present, shrimp farm C is the
against shrimp farm A. only one in operation.
T h e national press played an important role in pre- T h e impact of the conflict is also reflected in the
senting to the public the issues discussed in the con- land-use plan proposed by MARNR for the coastal
flict. Garcia (1992) points out that the printed media is fringe of the Anzo~tegui State (Convenio M A R N R -
the most important tool for "critical consciousness- PEQUIVEN 1992). This plan is u n d e r discussion for
raising" and "social pressure" in the Venezuelan eco- approval. In it, the original areas to be occupied by
logical movement. shrimp farms A and B are proposed as areas for spe-
T h e aggressive response from fishermen showed cial regulations u n d e r two categories: area for protec-
how illegal actions can trigger unwanted responses tion and environmental recovery (Areas de Protec-
from local communities. This type o f response high- ci6n y Recuperaci6n Ambiental) and recreational
lighted the value o f an environmental impact assess- park.
ment (EIA) and the need for public consultation dur- T h e first category includes areas for which a miti-
ing the process o f approval of a project. gation or a restoration plan should be established to
Since 1992, the role o f NGOs as environmental minimize environmental problems caused by natural
watchers has been further stimulated, but not fully or anthropic factors (Rep6blica de Venezuela 1983).
supported, by the recent Presidential Decree on Reg- T h e second category is to allow expropriation o f land
ulations of the Environmental Act on Environmental for recreational purposes (Convenio MARNR-PE-
Impact Studies (Rep6blica de Venezuela 1992a). This Q U I V E N 1992). In the plan, the original areas of
decree states that environmental impact studies are shrimp farms A and B are the only locations where
public documents, but their public review is at the two land-use restrictions overlap. In it, there is no
MARNR's discretion. proposition for new areas for large shrimp farms.
Impact of the conflict on shrimp farm projects of the Impact of the conflict on shrimp farm projects nation-
coastal system. In 1989, the National Procuratorship wide. T h e case u n d e r study changed adversely the
r a t i f e d that shrimp farm A did not own the land o f perspective of public opinion on large-scale shrimp
the selected site (MARNR 1992). T h e selected site was farming. This public attitude disturbed businessmen
in an area o f the Piritu Lagoon that temporarily dries from other regions with an interest in shrimp farm-
out during the dry season. In Venezuela, natural ing. Since 1987, 12 shrimp farm projects have been
waterbodies and related areas during the rainy season approved by MARNR after going through the re-
can only be privately owned if there is a document quired authorization process (MARNR 1992).
dating from 1848 stating rights to this land (Rept~blica Impact of the conflict on governmental actions and proce-
de Venezuela 1987). Shrimp farm A did not have dures. In the authors' opinion, the relevant conse-
such a document. T h e r e f o r e , the National Procura- quences o f the conflict in relation to governmental
torship ruled that the selected site was illegally occu- actions and procedures were the following:
pied. T h e conflict was solved on legal grounds. Paral- 1. Establishment o f an auditing program for
lel to this decision, MARNR did not approve the shrimp farm activities in the coastal system. For
environmental impact assessment presented by MARNR the case was challenging. It had to stop
shrimp farm A, because o f unsatisfactory identifica- shrimp farm A but it had to support other shrimp
Shrimp Farms and Land-Use Conflicts in Venezuela 659
farms like shrimp farm C. T o do so, MARNR estab- pollutant sources until the situation is corrected, or
lished an annual auditing program for shrimp farm the necessary authorization has been obtained; (b) in-
C, starting with the construction phase. T h e program terruption or prohibition of the activity that has dam-
is designed to corroborate the short- and long-term aged or degraded the environment; (c) confiscation
effects identified in the EIA. It allows a regular acqui- or elimination of obstacles, objects, or any elements
sition of the real data needed to monitor the compati- that obstruct the reasonable use of the aquatic re-
bility o f the activity with the environment. In Venezu- sources, like in marine or coastal areas under special
ela, this was the first experience of an auditing regulations; or (d) any other measure to avoid further
program (Rojas 1992). We must mention that the new damage.
Decree on Environmental Impact Assessment Proce- 3. T h e inconvenience of granting a land-use com-
dures (Repdblica de Venezuela 1992a) states that pliance certificate for a project before considering the
MARNR can designate an inspector to control a results o f its EIA was made evident. According to the
project during all the required phases, including the Administrative Procedures Act (Repflblica de Vene-
monitoring program after construction. zuela 1981), once the land-use compliance certificate
2. Reinforcement of nationwide regulations for has been granted, the proponent acquires the right to
large-scale shrimp farming. On the basis o f the expe- develop the activity u n d e r certain conditions. This law
rience gained from the conflict, MARNR reinforced also states that a decision taken by a governmental
the regulations to authorize shrimp farms. From 1988 office may be modified only if the new interpretation
to August 1991, MARNR automatically required an favors the developer. This means, that if shrimp farm
EIA study after a shrimp project had received the A had acted legally, then MARNR would have faced a
land-use compliance certificate. MARNR also estab- negotiation process to adjust the project to the unsuit-
lished guidelines to advise the p r o p o n e n t on the issues able selected site. Thus, the EIA would have been
to consider in such a report. more a tool to establish restrictions to the project,
In 1992, the Decree on EIA was approved (Repdb- rather than to prevent the negative impacts caused by
lica de Venezuela 1992a). It specifies that shrimp the selection of the site.
farms must have an EIA, which should be prepared This type of risk in land management can still take
after the land-use compliance certificate has been is- place today. Land-use compliance certificates are
sued, but before the authorization for alteration of land mostly based on maps for potential land-use scales of
resources (Repfiblica de Venezuela 1992a), T h e decree 1:250,000, too small to base decisions at the local level.
is reinforced by the new Penal Law of the Environment However, once the proposed land use is confirmed by
(Reptiblica de Venezuela 1992b). This law specifies that MARNR, the p r o p o n e n t acquires rights to the as-
the public officer that authorizes a project without re- signed land use. This fact is further enhanced by the
questing the EIA for those projects mentioned in the new Decree on EIA, which states that the EIA should
decree, will go to prison and pay a fine. be prepared after the land-use compliance certificate
T h e Penal Law of the Environment reinforces has been granted, but before the authorization for alter-
overall MARNR regulations. Consequently, if the ation of land resources. This issue leads to the final
conflict here reviewed were to take place today, the conclusion of this paper: MARNR must revise the pro-
following actions would be crimes: (a) changes in nat- cess of land-use compliance certification to avoid secur-
ural drainage patterns or riverbeds made without ing a land-use agreement too early in the process of
considering technical standards or the required au- authorization. This would avoid a decision that later
thorization (an authorization for changes that are not might be unsustained by the results of the EIA.
supported by technical standards or the guidelines
established in the existing land-use plans, is also con-
Acknowledgments
sidered a crime); (b) illegal occupation o f protected
areas or natural ecosystems for commercial, industrial T h e authors are grateful to the Audubon Conser-
or agricutural purposes; and (c) alteration or destruc- vation Society of Venezuela and to the Instituto de
tion of flora and fauna, violating the standards set on Recursos Naturales Renovables of the Universidad
these matters. Sim6n Bolivar for partially funding the final report
T h e Penal Law also establishes that the j u d g e can from the course "Environmental Impact Assessment"
act to prevent damage to the environment, to people, given at the Department of Environmental Studies in
and other negative consequences, based on the given 1988. This report was the basis for this paper. T h e
complaint. T h e s e actions could be: (a) the total, or authors are also grateful to the referees, J. Gosselink,
partial occupation of the site by MARNR, or of the L. Bardwell, and P. Risser, as well as to V. V&squez, V.
660 M, Sebastiani and others
Rep~blica de Venezuela. 1974. Decreto 110 de Protecci6n e Impacto Ambiental. Gaceta Oficial No. 4.418, Extraordi~
Manglares y Areas de Vecindad. Gaceta Oficial No. 30413, naria, Caracas, 23 April.
Caracas, 6 June. Repdblica de Venezuela. 1992b. Ley Penal del Ambiente.
Rept~blica de Venezuela. 1976. Ley Org~nica del Ambiente. Gaceta Oficial No. 4.358, Extraordinaria, Caracas, 3.Janu-
Gaceta Oficial No. 31004, Caracas, 16 J une. ary.
Rept~blica de Venezuela. 1977. Reforma Parcial del Regla- Rojas, N. 1992. Personal communication. Directora Gen-
memo de la Ley Forestal de Suelos y de Aguas. Gaceta eral Sectorial de Calidad Ambiental, Ministerio del Amhi-
Oficial No. 2.002, Extraordinaria, Caracas, 28 April. ente y de Ins Recursos Naturales Renovables, Caracas,
April.
Rept~blica de Venezuela. 1981. Ley Org~nica de Proced-
imienms Administrativos. Gaceta Oficial No. 2818, Ex- Snedaker, S., and C. Getter. 1985. Coastal resources man-
traordinaria, Caracas, 7 January. agement guidelines. Coastal publication 2, Renewable Re-
sources Information Series. Prepared by Research Plan-
Rept~blica de Venezuela. 1983. Ley Org~nica para la Or- ning Institute, Inc. Columbia, South Carolina, for
deanci6n del Territorio. Gaceta Oficial No. 3.328, Extraor- National Park Services. US Department of the Interior
dinaria, Caracas, 11 August. and the US Agency for International Development, Janu-
Rept~blica de Venezuela. 1987. Consulta al Procurador Gen- ary, 205 pp.
eral de la Republica Oficio D.A. 045819, 9 April. Whyte, A. V. T. 1970. Guidelines for field studies in envi-
Rept~blica de Venezuela. 1992a. Decreto 2.213. Reglamento ronmental perception. M.A.B. Technical Notes 5.
Parcial de la Ley Org~nica del Ambiente sobre Estudios de UNESCO, Paris, 117 pp.