HomeMy WebLinkAbout12-15-1999 Agenda Item 4B (5)SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. _y>~iZ~ AGENDA ITEM
MEETING DATE: December 15, 1999 CITY MANAGE]
ORIGINATING DEPT: CITY MANAGER PREPARED BY: Cit Clerl
SUBJECT: PROPOSED REGARDING SAVING THE CALIFORNIA GRAY WHALES
AND OTHER ENDANGERED SPECIES
RECOMMENDED MOTION(S): Adopt proposed resolution.
REPORT SUMMARY:
At the Council meeting of December 1, 1999, Councilmember Waltonsmith reported on the
proposed construction activities by Mitsubishi Corporation in Laguna San Ignacio, Baja, Mexico,
which could environmentally impact the breeding ground for the California gray whales and
other endangered species. She urged the Council to support a resolution to stop this project. The
Council unanimously approved this request and directed staff to prepare and bring back a
resolution for adoption this evening. Attached is the proposed resolution for your approval.
(This resolution has been reviewed by the City Attorney.)
FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The
proposed Resolution will not be adopted.
ALTERNATIVE ACTION(S): Do not adopt a resolution and take no position on the matter.
FOLLOW UP ACTION(S): Forward a copy of the adopted resolution to the coalition group.
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A
ATTACHMENTS: Proposed City resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA,
CALIFORNIA, URGING THE MITSUHISHI CORPORATION IMMEDIATELY
AND PERMANENTLY TO WITHDRAW ITS PLANS TO CONSTRUCT A SALT
WORKS PLANT AT LAGUNA SAN IGNACIO IN ORDER TO PRESERVE THE
LAST REMAINING BREEDING GROUND IN THE WORLD FOR THE
CALIFORNIA GRAY WHALES AND OTHER ENDANGERED SPECIES
WHEREAS, Mitsubishi Corporation, through a subsidiary known as
Exportada de Sal, S.A. (ESSA), plans to build the world's largest salt factory in
Mexico's Laguna San Ignacio, and
WHEREAS, Laguna San Ignacio is the last pristine breeding and calving
area in the entire world for California Gray Whales as well as home to numerous
other diverse species such as the endangered prong-horned antelope, burrowing
owls, sea lions, and black sea turtles; and
WHEREAS, Laguna San Ignacio was designated as a whale sanctuary by
Mexico in 1976 included within the El Vizcaino Biosphere Reserve in 1988, and
listed by UNESCO as a World Heritage Site in 1993; and
WHEREAS, the proposed building of the largest salt factory in the world
will inevitably cause toxic contamination, increased noise and ship traffic, altered
drainage patterns and other drastic environmental disturbances which may force
mother Gray Whales and their calves from their last remaining breeding lagoon;
and
WHEREAS, in three years, two major spills of toxic brine from a Mitsubishi
salt works in nearby Guerrero Negro have killed more than 94 endangered sea
turtles; and
WHEREAS, a Mexican government audit conducted in 1995-96 revealed 298
environmental deficiencies in the existing Guerrero Negro salt works facility, which
to date remains uncorrected; and
WHEREAS, the permanent flooding of 116 square miles of an area
designated as a UN World Heritage Site and Biosphere Reserve, is both illegal
according to Mexican law and a mockery of international environmental
protections; and
WHEREAS, thirty four of the world's most distinguished scientists including
nine Nobel laureates, have warned of an "unacceptable risk' to significant biological
resources in and around Laguna San Ignacio; and
Page 1 of 2
Resolution No.
WHEREAS, over 750,000 people around the world have sent petitions and
letters to the President of Mitsubishi urging him to abandon the proposed salt
works; and
WHEREAS, aMexican-led international coalition of over 50 concerned
environmental organizations including Grupe de los Cien, Pro Esteros, Union de
Grupos Ambientalistas, Centro Mexicano de Derecho Ambiental, Consejo Para la
Defensa de la Costa del Pacifico, and Greenpeace Mexico, together with the
International Fund for Animal Welfare and the Natural Resource Defense Council,
have established a coalition to save Laguna San Ignacio; and
NOW, THEREFORE, BE IT RESOLVED that the Saratoga City Council
does hereby urge the Mitsubishi Corporation to immediately and permanently
withdraw its plans to construct a salt works plant at Laguna San Ignacio in order to
preserve the last remaining breeding ground in the world for the California Gray
Whale and other endangered species; and
BE IT FURTHER RESOVLED that the Saratoga City Council hereby
directs City staff to investigate and report to the City Council on the number and
types of contracts between the City of Saratoga and Mitsubishi Corp. and any of its
subsidiaries.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Saratoga on the 15t" day of December 1999 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stan Bogosian, Mayor
ATTEST:
Susan A. Ramos, CMC, City Clerk
Page 2 of 2
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Jim Shaw
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ADOPTED BY TSg SACBAIvI$N!'0 G'IIY COUNpL
ON DA1~ OF
A 1tESOLUTION OF 2~ GTI'Y COUNCII. OF 'I~ CITY OF
SACRA~NTO, CAI.~bB.NlA, URGING THE IvaTSUBISHI
CORPOR.A?ION IIUIl~DIA.T~Y ANA P$R1~24NENTLY TO
WiTIIDF.AwrrS PLANS ~'0 CONSTRUCT A SALT waRxS PLANT AT
LACrUI~1A SAN It'rNA.CIO 1N ORDER TO PRESE.R~ TF~ LAST
~AVG ~BZ~EEDIIwQ t~ovNn nv THE wc~Riv scut ~rr~
C~.,LTFORrfIA GRAY WHALES AND O'~ILENAANGERED SPECIES
v~REAS, lv1lt86tl~lchtl Corporati0g thrpugh a subsidiary known as ~xgorteda Qe 5a1, S.A
(£SSA), plans to build tho wt7rld'g laagast self ~ctory in Mexico's Legu:,e Sru I~;uxa;iu. anal
VV>~REAS, Laguna Sate Tgeasoio ~' the la,t pristine breeding aAd oalviag area in tho entire
world foe California Cray Whnlev ns wall A6 home to namerous other diverse spe~es such as the
a~dangera~d prong-horoed atltelope, burrowing owls, sra Got, and black sea turtles; and
~~AS, Laguna San Igaaclo was designata~d a9 a whale sanctuary by Nlcxieo in Z y76
included within the F1 Vtzcaino Biosphere Reagwe io 198a, and listed by UNESCO as a World
Fiaritage Site in 1993; and
WHEREAS, tha; proposed btuldiag oftfia; largest salt factory in theworhd will inevitably cause
ta~xic contamination, i.~creased nai9e and dip traffic, altered drainage patterns and ot1',rr drastic
environazentat disturbances which tnay €orae matba:r Gray'PVhales and tbatir calves i'rom their last
ecutiiadn,~ br+xsding lagoon; and
'pJ'I~REA.S, in three yews, tvve majer spills of toxic brine frc,ru a Mitsubishi saltwu~ ks is
neu+rby Gutrtoro Negro have lalled more tl>aa 94 atndmgmred oaa turtles; and
FOR CIT1l C.GERK i1SR ~tVi.X
a~soLVnorr iJo.
DAB ADOPTED.
TEL: Dec 03'99 13:10 No .012 P.03
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WHEREAS, a Mexican governmetn audit conducted in 1995-9ti revealed 29~ eavirot1meru:al
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do$iaeneies at the e~tiag Cuerrer+o Nc$ro snltworks Cacility, wlurd~ Cu cl~sta recnnxiru uncarrectied; and
WF~°REAS, thm prn-ae-ee~t tloodina of l 16 atluunro rnilw ofan area designated as a UN Worid
heritage Sitc and Bio~hero Reser+ns, is both i11ag~ e~ccrrding to M,adcan law ar-d a mockery of
international emironmerita[ protertitnns; tad
W~,'1ZEA15, thirty four of the world's most distinguished scientists including Wino Nobel
laureates. have warned of sa "trnaocxp~table rici~' to s+gni$cant`biological resources in and around
Laguna San Igaaoio; and
VvF~REAS, aver 750,000 people around the world have ~t petitions ~d letters to the
~irsident of Mitsubishi urging him to ab~~u-don the proposed saltworks; and
'VlriiEkl:A5, a Mexican-lad iriternatioDal coalition of over 50 concerned environmental
or;a~us:ai.iuus i,tc:luding C9rupn de 1as ACR, Pro Esteros, CJnioa do Grupos Ambierttalistes, Centro
Mavcioano deDerecho 1lmbiontnl, ConwjoI'aralaDefhasa de lnCosta del Pa~ciBco, and Grcx~nj>eace
Meaaiea, together with the InteRnstional Rumd for Aeamal Welfare and the Natueal Reseuree Defonee
Conrail, have established a ooalitioa to aave~Lagnna San Tgnacia;
-- N4W, TI~EFORE, BE Y`T RESOLVED that the Ssarsmento City Council does hereby
ur~E the Mitsubishi Corporation to immediately and permac-eeuty withdraw its plans to coasttuct a
salt works plant at Laguna Satz Ignaaa in order to preserve the last remaining breeding ground in the
world for the California Gray Whale and other endangered speaes; and
BE IT FURTI~R. RESOLVEp riot the Stetarner+ta City Caut:cil requests the City Attamey
to invratigate the number and type of cortrtcts betvreen the City of Sa~amento and the Mitsubishi
Corporation and any of its subsidiea'ies and the fiecet isapact of dives4ing from those companies.
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ATTEST: Y "~ L~~~;~ ~vP,
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Ciry Clerk
1~IR CITY CLEAK USL ONLY
NC1.
DATA AbOYTED:
.:ampaign to Save Laguna San fgnacio
The Honorable Jim Shaw
Mayor, City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
October 13, 1999
Dear Mayor Shaw:
A PROJECT OF THE INTERNATIONAL FUND FOR ANIMAL WELFARE
IN COOPERATION WITH THE NATURAL RESOURCES DEFENSE COUNCIL
AND MORE THAN SO MEXICAN CONSERVATION ORGANIZATIONS
On behalf of the International Fund for Animal Welfare (IFAW}, the Natural Resources Defense
Council and a coalition of more than 50 Mexican and U.S. environmental organizations, I am writing to
alert you to a grave threat to one of the world's most significant environmental preserves.
We res ectfull re uest that ou ~oin us and encoura e our Council to ado t a resolution callin on the
P Y q Y J ~ g Y P g
Mitsubishi Corporation to abandon its plans to build a salt factory at Laguna San Ignacio, Mexico.
Mitsubishi Corporation, through an entity known as Exportadora del Sal, S.A. (ESSA) plans to build the
world's largest salt factory in Mexico's Laguna San Ignacio, the last pristine breeding and calving area
in the entire world for California Gray Whales. These are the same magnificent Gray Whales that twice
each year migrate along our California coastline.
Laguna San Ingacio is unique in all the world. The lagoon is designated a Biosphere Reserve, and like
Yosemite in the U.S., is a U.N.-recognized World Heritage site. Laguna San Ignacio and its
surroundings are also home to the endangered prong-horned antelope, burrowing owls, sea lions, black
sea turtles and countless other wildlife. Into this fragile ecosystem, Mitsubishi intends to introduce a
116 square mile saltworks with the attendant toxic contamination, ship traffic and noise.
Thirty four distinguished scientists including nine Nobel Laureates warn that the proposed salt factory
poses an "unacceptable risk " to the environment. Seven hundred and fifty thousand people have sent
communications to Mitsubishi urging it to abandon its habitat-destructive plans.
Elected leaders throughout the state are being asked to take action to support the campaign to save the
habitat at Laguna San Ignacio.
S ecificall , we are asking that you and your colleagues adopt resolutions that say:
p Y
1800 21^ STREET, SUITE 100, SACRAMENTO, CA 45814 • TEL: 916-737-9325 • FAX: 916-737-1809
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Thirty four distinguished scientists including nine Nobel Laureates warn that the proposed salt factory
poses an "unacceptable risk " to the environment. Seven hundred and fifty thousand people have sent
communications to Mitsubishi urging It to abandon its habitat-destructive plans.
Elected leaders throughout the state are being asked to take action to support the campaign to save the
habitat at Laguna San Ignacio.
Specifically, we are asking that you and your colleagues adopt resolutions that say:
1. We "Don't Buy" Mitsubishi products or services, like Mitsubishi cars or televisions, Kirin Beer or
Nikon cameras, and we don't bank at the Union Bank of California. We ask that you sever those
agreements as soon as possible.
If you are not currently contracting for Mitsubishi products or services, we ask you to pass a resolution
that you will not, until Mitsubishi permanently withdraws its plan.
2. We urge the California Public Employees Retirement System to divest all Mituubishi stock, and that
of it's affiliates or entities, as soon as possible.
These positions are now under consideration in a number of county boards of supervisors, city councils
and pension/retirement funds throughout California.
We hope you find the resolutions worthy of your support. We have included as well the resolution
introduced at the San Francisco Board of Supervisors and a statement from Los Angeles City
Councihnember Nick Pacheco. We invite you to modify the resolution language as you see fit.
Your involvement is urgently needed. Please feel free to contact me at 916-737-9325.
Yours truly,
Phil Giarrizzo ~~~ U
~i
•
Laguna San Ignacio
Part of the Whale Sanctuary of El Vizcaino
A Briefing Book
January 1999
Prepared for
Natural Resources Defense Council
And
International Fund for Animal Welfare
By
Mark J. Spalding
•
Photo by Richard Sobo]
•
•
1. INTRODUCTION ~
2. BACKGROUND 1
2.1. The proposed project at Laguna San Ignacio 1
2.2. The environmental assessment of the project. 3
2.3. The existing salt evaporation facility in Guerrero Negro. ~
2.4. The Project in Context ~
3. POLITICS 8
3.1. International S
3.1.1. International Whaling Commission g
3.1.2. MAB/UNESCO Biosphere Reserve g
3.1.3. The World Heritage Committee q
3.1.4. NAFTA's Commission for Environmental Cooperation 10
3.2. Federal 10
3.2.1. SEMARNAP ~ ~
3.2.2. INE l 1
3.2.3. Protected Areas Management 11
3.2.4. The Mexican Federal Legislature 12
3.3. State 12
3.4. Local 13
4. ECONOMICS. 13
4.1. Mitsubishi Corporation 13
4.2. The existing economy l4
4.3. History of the Salt Industry in Baja Catifarnia 14
4.4. A brief analysis of the World Salt Market. 14
4.5. Ecotourism and Fisheries 15
5. CIVIL SOCIETY 16
5.1. International Groups 16
5.2. National Groups 16
5.3. Baja Peninsula Groups 16
ABOUT THE AUTHO
R 22
1. Introduction
The gray whale is threatened again. In 1994, barely a month after the gray whale was
removed from the endangered species list, its breeding and calving grounds on the western coast
of Baja California were selected as the site for the world's largest saltworks. The area slated for
this massive new industrial facility is Laguna San Ignacio, the last remaining pristine calving
lagoon for the species. This new saltworks facility will not be the first disturbance to the whales'
few nurseries. A saltworks is already operating in one of the two other calving lagoons, Guerrero
Negro, and a 2,000 ha tourist resort development has been proposed for Bahia Magdalena. If
Grupo de los Cien, one of Mexico's most prominent environmental groups, had not brought the
proposed saltworks to international attention, construction might now be underway. Instead,
Mexico is allowing for a new environmental impact statement (the earlier one having virtually
ignored the whales' plight) and Mitsubishi has pledged not to proceed with the project "if [itJ
causes significant environmental damage." The lure of the saltworks for Mexico, however,
remains powerful: export earnings and jobs. Without ongoing international attention, it is likely
that, after this hiatus, the project will move forward, with unknown consequences for the
magnificent gray whale.
2. Background
2.1. The proposed project at Laguna San Ignacio
The gray whale is one of North America's truly shared resources in that it migrates through
Mexican, US, and Canadian waters. Over many years, the safe harbors these whales have used to
give birth have become filled with human activity and noise. Now an expectant mother whale
must travel from the Arctic all the way to Baja California to find a quiet and safe lagoon. At least
half the time, she cannot wait until the end of the trip and gives birth in the open sea, often with
tragic results. As gray whale nurseries, lagoons constitute essential habitat. Protected waters of a
lagoon are warmer and calmer than the open ocean, increasing the success rate of the whales'
delivery and the calves' survival. Laguna San Ignacio (Baja California Sur}, located on the Pacific
Ocean side of the Baja California Peninsula, is a large, undeveloped coastal lagoon and one of
three remaining lagoons which form the primary destination for migrating gray whales where they
can give birth free from noise, container ships and urban pollution. San Ignacio also provides
habitat for numerous marine and terrestrial plant and animal species, many of which are threatened
or endangered.
Mexico considers itself a leader in species and habitat protection, and has been committed
to protecting whales since the 1930s. San Ignacio is part of Latin America's largest Biosphere
Reserve, "El Vizcaino", formed by Presidential decree in 1988 to protect, among other things,
gray whales. The 2,546,790 ha Vizcaino Biosphere Reserve includes bighorn sheep habitat, the
extensive pre-Columbian cave paintings of the Sierra de San Francisco, and portions of the
Western Gulf of California shoreline. The declaration of the Reserve established a 363,438 ha
core zone, in which human activities are extremely limited or prohibited. In the remaining buffer
zone, a few human activities are pernitted. Although development activities within the core zones
are not permitted, they can be authorized in the buffer zone only if they conform to Mexico's 1988
General Law of Ecological Balance and Environmental Protection. In addition, the Reserve
decree stipulates that new human settlements are not permitted anywhere within the Reserve
boundaries. The Reserve extends from just south of the lagoon northward to the northern shore
Laguna San Igaacio Report Spalding 1
of La~wna Ojo de Liebre, and eastward to the Gulf of California, and includes Isla Natividad, Isla
Asuncion, and Isla San Roque along the Pacific Coast. ~
The Mexican government and Mitsubishi, through a joint venture known as Exportadora
de Sal, S.A. ("ESSA"), are pursuing the construction of a large industrial salt evaporation facility
adjacent to Laguna San Ignacio. According to ESSA, the new project will be located in the buffer
zone of the Vizcaino Biosphere Reserve. The project was first proposed in 1994, and rejected in
1995-by the Mexican environmental authorities. They found it was incompatible with the status of
the place as a biosphere reserve. On October 3, 1997, Mitsubishi and ESSA announced that the
proposed saltworks had been redesigned to address some of the concerns raised by Mexican and
international environmental groups.'- The project will again go through an environmental impact
assessment, which, it is estimated, will require 18 months.3 The stakes are now higher. In
addition to meeting Mexico's environmental law requirements, including its EIA standards, the
Mexican National Institute of Ecology, with advice from an international scientific panel, has set
up additional scientific, economic and social requirements for the proposal to meet (discussed
below in section 2.2).
If built, the saltworks may destroy habitat by changing the characteristics of the lagoon and
the surrounding area through noise, population growth, physical disturbances and indirect
economic development. According to current plans, 6,000 gallons of saltwater per second will be
pumped out of the lagoon by a battery of 17 loud diesel engines. Earthen dikes created by earth-
moving machinery to contain the 116 square miles of evaporating ponds will radically alter rainfall
drainage patterns. A 1.25 mile-long pier for transporting the salt to ocean-going ships will be built
in a key abalone and lobster fisheries area, and in the whales' migration paths.
Even though the Mexican government owns 51% of the joint venture, Mitsubisl
undoubtedly has greater control of the management of the company, because only Mitsubishi has
the capital to fund operations and expansion. The Mexican federal government will gain direct
revenues from taxes paid by ESSA and from its share of profits from the sale of the salt.
However, the economic benefit to Mexico is small in comparison to the main beneficiaries, which
are Japan's strategic industry users of salt in chemical compound. While approximately 208 jobs
will be created, it is estimated only half will be available to Mexican nationals. Moreover, none of
the salt processing jobs will be in Mexico. Also, there will be no direct or indirect jobs for Mexico
~ Excerpt (citations omitted) from Serge Dedina communication dated April 4, 1996 regarding Laguna San Ignacio
(copy on file with author).
= Although they have yet to be documented for our review, the design changes described by ESSA are as follows:
• The pumps at the top of the lagoon will be moved 2 kilometers from the lagoon, placing them a full b
kilometers from the furthest point in the lagoon that, according to ESSA, a whale has ever been spotted.
ESSA claims this will get the noise beyond the whale areas. ESSA is also considering electric pumps,
although a diesel generator would be needed even in that case. Wind power is also a possibility, as there is
already one windmill at Guerrero Negro and ESSA is studying the feasibility of additional units.
• The evaporation and concentration ponds will be pulled back to a full kilometer from the lagoon.
• The crystallization and brine waste storage ponds will be set back 2 kilometers from Estero el Coyote.
• A double dike on the sides of the concentration ponds and the brine waste storage pond facing the lagoon and
El Coyote will he added. ESSA claims this ensures the protection of the lagoon and the estuary.
• The causeway was eliminated from the pier design. It veill be entirely structural steel with 34 meters between
the pilings for whales to pass through. It will be over eight feet above the ocean to avoid it being swamped or
damaged by high waves.
a Pursuant to 3ared Blumenfeld communication with Mitsubishi representatives in Tokyo on 3 December 1998, it
may be until late 1999 for the EIA to be issued.
Laguna San Igancio Report Spalding 2
from Japan's strategic industries that use salt. Finally, there is a suspicion -- denied by ESSA --
that Mitsubishi wants to close ESSA`s pre-existing Guerrero Negro saltworks and open a facility
instead at Laguna San Ignacio because it would be less expensive to operate. Such an action
would result in no net economic benefit to the area, and would have negative environmental
results.
While we can celebrate that our efforts have already forced some design changes of the saltworl:.s,
and the establishment of the additional scientific and socioeconomic requirements, the Mexican
federal government may still decide the saltworks can proceed. In other words, the majority
shareholder in the project will determine whether the project complies with its own environmental
laws and is a use consistent with the area's biosphere reserve designation.
2.2. The environmental assessment of the project.
Mexico has more stringent requirements for environmental impact assessments than the
United States. Assessments are required more often, and there are four levels of assessments that
can be required. In contrast to the U.S. system of command and control, Mexico's system could
promote prevention of environmental harm. Properly applied and reviewed, the assessments can
be used in a flexible manner to prevent construction of environmentally harmful projects.
Unfortunately, as with many regulations, enforcement is not uniform.
The first impact assessment regarding the San Ignacio saltworks, prepared by Centro de
Investigaciones Biologicas del Noroeste ("CIB") in 1994, was rejected by the Mexican National
Institute of Ecology ("INE"} primarily because the project was not appropriate for a buffer zone of
a Biosphere Reserve a Among the many reasons stated, the rejection was because:
1. ...the project is incompatible with the area's conservation objectives and is also
incompatible with land-use zoning and other legal provisions... .
3. In the area of the project, one fords plant and animal species under various categories of
protection ... 14 plant species (4 rare, 2 threatened, 2 under special protection and 6
endemic) and 72 animal species (15 rare, 39 threatened, 6 in danger of extinction, 7 under
special protection and 5 endemic). These species could be directly or indirectly harmed by
habitat alteration and construction and operation of the project in question.
4. ... it is our opinion that there are no valid reasons which justify the loss of the natural
environment in such as extensive area and within a biosphere reserve....5
ESSA first appealed the rejection, then decided to prepare a new impact assessment document. In
response to allegations of conflict of interest, 6 Mexico's environmental secretariat, SEMARNAP,
created an international science advisory committee to advise INE and ESSA on what to include in
the environmental assessment.
a The over 300 page document contained only 23 lines of information regarding the impact of the project on gray
whales.
5 Instituto Nacional de Ecologic, Environmental impact assdssment rejection letter from Gabriel Quadri de la Torre
to Juan Bremer Gonzalez. (27 February 1995) at pp. 3-6.
6 Mexico owns 51 % of the shares of ESSA, and its Secretary of Commerce is the Chair of the ESSA Board of
Directors. Thus, a potential for a conflict of interest was raised by one Secretariat, SEMARNAP, reviewing a
project under the direction of another arguably more powerful Secretariat.
Laguna San /gancio Report Spalding 3
In July 1996, the international science advisory committee issued scientific terms of
reference ("TORs") for the new environmental impact assessment. Concurrent with the issuance
of these terms, INE issued socioeconomic TORs that must also be addressed by the assessment.
The scientific TORS begin with some background and introductory material, including disclaimers
that the scientific TORs are not all-inclusive and are very focused on biological and ecological
concerns. The scientific TORS call for the following items:
• Maps of the project footprint and impact areas and existing ecosystems.
• A study of the construction phase including the identification of potential harm, as
well as plans for environmental protection during and after construction (with a special
focus on the pier).
• A study on the solar salt production including chemicaUtoxic by-products and the
effect on water quality.
• A study on pumping from the lagoon including the effect on lagoon salinity,
temperature and biotica. This study should also include information on the effects of the
noise of the pumps on whales and birds.
• A study on the effects of the dikes and evaporation ponds.
• A study of the affected areas (surrounding the project footprint). This will include
information on the use of local fresh water resources.
• A number of studies on land-based and marine flora and fauna (and a separate
whale study) which should inc'.ude inventories of commercial, endangered and indigenous
species; a description of mitigation, protection and conservation measures; and a risk
evaluation. This section of the report lists many species that must be studied specifically.
It also calls for comparisons to be made to the experiences in Guerrero Negro.
• A study on whether the project is consistent with the special nature of the site as a
protected Biosphere Reserve.
Unfortunately, the socioeconomic TORs issued by INE for the environmental impact assessment
are not complete.' The TORS do not call for an evaluation of alternative sites for this project, nor
do they call for an evaluation of alternative types of activity that might be beneficial for the local
economy and be more consistent with the appropriate management of a biosphere reserve. They
have numerous other flaws related to improper cost-benefit analysis and scope of analysis. The
socioeconomic TORs also do not discuss the potential impacts of opening salt production at San
Ignacio on the current activities in Guerrero Negro. If the salt harvesting is more labor intensive
at Guerrero Negro than as proposed at Laguna San Ignacio, and if Guerrero Negro will be closed,
we can assume a net loss of jobs. It is unclear how many direct, or indirect jobs will be lost. Also
unclear is the cost to restore Guerrero Negro if the saltworks there are abandoned. The TORS
~ The socioeconomic TORS (roughly translated and summarized) require:
• A number of economic studies including the world salt market, current economic conditions and how to raise
the region's contribution to Mexico's GDP, the regional economy, and local fisheries.
• A number of studies on potential human impacts including direct and indirect employment, population
changes and demographic histories.
• An analysis of risks related to the transport and disposal of fossil fuels and related use of machinery.
• A number of studies on social services and infrastructure in the region, including waste management.
• A number of studies on water use and availability.
• A number of reports on stakeholders views, social consequences and alternative designs.
• A number of reports related to the biosphere reserve.
• A set of maps of the reserve, productive azeas, zones of economic impact, population, as well as historical,
archeological and cultural sites.
Laguna San Igancio Report Spalding 4
also do not address the future potential privatization of the project, or the rights over the Lagoon
that ESSA/Mitsubishi will gamer from the deal.
It is clear that Mitsubishi and ESSA intend to continue to pursue the construction of the
proposed saltworks. As noted above, ESSA has redesigned the project. According to ESSA and
Mitsubishi, the Autonomous University of Baja California Sur ("UABCS") in La Paz and the
Scripps Institute of Oceanography in La Jolla have been retained to undertake the environmental
impact assessment of the new design with the assistance of one or more international fums. The
original estimate for the completion of the assessment was spring 1999.8 According to
Mitsubishi, it may now be delayed until late 1999. If the statement is approved by INE and
construction begins, it will be 8 years before any salt is produced. At first, the goal will be 1
million tons per year, building up to a production capacity of 7 million tons per year over 30 years.
ESSA's Technical Subdirector, Joaquin J. Ardura made it clear that ESSA would not go through
with the project, if, after this second EIA process, the project fails to win approval. 9
2.3. The existing salt evaporation facility in Guerrero Negro.
The process of producing salt takes two years from the time of pumping water from the
lagoon until the salt in that water is harvested. There are two main steps, concentration and
crystallization. Ocean water enters the lagoon at 3.5% salt and at the far end of the lagoon where
the water is pumped out, it is already at 4.0%. The water is then moved through a series of
concentration ponds over a period of 18 months using solar and wind evaporation to raise the salt
content to 27%. The concentration ponds are separated from one another by gates and separated
from the lagoon by dikes. The salt water is then moved to shallow crystallization ponds where it
sits for 6 months. Eventually so much water has evaporated that the NaCI (sodium) precipitates
and crystallizes. The salt is then harvested and the drain off is brine. The salt is cleaned and
loaded onto barges for the 100-Km transshipment to Isla Cedros. On the island, the salt is loaded
on ocean going freight ships.~~ According to ESSA, the 7 million-ton per year Guerrero Negro
facility has no more room to grow. For this reason, ESSA seeks to open operations at Laguna
San Ignacio where very similar conditions exist. Low rainfall, high evaporation rates, little
vegetation and impermeable soils make San Ignacio ideal for the saltworks.
Brine is essentially a little NaCI but mostly MgCI (Magnesium Chloride) and other
naturally occurring salts. Although brine is naturally occurring, the concern over its toxicity is due
to the fact that its concentration of saline is approximately 2-10 times that of normal seawater. As
a result of the brine drain-off, some animal species are unable to adapt to the added salinity of the
water and therefore, aze jeopardized. Brine drain-off also has been known to contaminate aquifers
and ground water systems.
Solar salt plants have been associated with several cases of environmentally destructive
behavior. One is within the Rio Lagaritos Special Biosphere Reserve in the Yucatan. Local
fishermen accused a salt company of destroying fisheries, including mangroves that provided
breeding grounds for fish and protection for fish fry. The plant was producing 500,000 tons of salt
e October 3, 1997 press release, "Environmental Study to Baain on Proposed San Ignacio Salt Project," copy on file
with author.
e Meeting with ESSA Technical Subdirector Joaquin J. Ardura (November 15, 1996). [hereinafter "Ardura
Meeting"].
~~ Ardura Meeting supra note 9.
Laguno San Ignacio Report Spalding 5
a year and its works were changing the hydrology of the estuary and threatening the ecosystem's
stability." In the summer of 1990, SEDUE (predecessor to SEMARNAP) halted the salt plant's
expansion by locking up the pumps to its evaporation ponds. The factory retaliated by shutting off
the local community's water supply. The reserve managers opened talks among all concerned.
The solution reached was to find ways to alleviate overfishing and to provide "economic
alternatives to the salt factory." The alternatives included appropriate agriculture, aquaculture,
limited ecotourism, etc.'
The small community of Las Lisas, located on a sand strip between the Chiquimulilla canal
and the Pacific Ocean in Guatemala, has also been significantly affected by the advent of salt
production. In the past 15 years, 20 salt and shrimp factories expanding over thousands of
hectares have destroyed 97% of the local mangrove forest.13 The forest strip is barely 10-40
meters across at present, and the canal is, as a consequence, much wider and shallower than in
1980. Iguanas, pelicans, fish and numerous other species have been squeezed to extinction as a
result of the changes in their habitats. Local fishermen, on whom most of the population depends
for survival, now catch only a small fraction of what the canal used to yield in the past. Even
though Guatemalan law prohibits the cutting of mangrove, salt and shrimp businesses have
acquired permits to destroy huge areas of the forest, allegedly by bribing the responsible officials.
By its own actions, the Mexican Government has indicated that it recognizes that the
proposed and existing saltworks pose a danger to the Baja Peninsula lagoons. A July 1998
Mexican Federal Government report documented two spills of toxic brine waste into Laguna Ojo
de Liebre near the existing ESSA saltworks. These spills killed 94 endangered black sea turtles -
now contested by the salt company -and many fish. The investigation conducted by a Mexican
Government inter-agency scientific task force under the direction of the Federal Environmental
Procurator (Profepa) also demonstrated extensive harm to the environment because of a history of
contamination. ~ a
~ ~ Sinton, J. & Faust, B. "Let's Dynamite the Salt Factory! Communication, Coalitions and Sustainable Use among
Users of a Biosphere Reserve." Presentation for ASEH Conference. Houston, March 1991.
~' Simonian, L. Defendine the Land of the Jaeuar: A History of Conservation in Mexico. (University of Texas
Press, 1995) at 166-7.
13 Tanner, W. &; Suominen, K. "Las Lisas: Trouble in Paradise". The Sielo News, January 14, 1998 at 10-11.
14 Some excerpts from this report are as follows:
• "In addition to the [turtle) organ and tissue samples, 65 samples of water, sediment, phytoplankton, marine
grasses, and filter organisms were collected from the Ojo de Liebre and San Ignacio Lagoons, as well as 3
brine samples from the Exportadora de Sal, S.A. plant ...the samples from San Ignacio were taken to
establish reference values." (Profepa Technical Report, "The Die-off of Sea Turtles in the Ojo de Liebre
Lagoon" 1998: page 6)
• "The phytoplankton samples taken on January 9 and February l 8 in the Ojo de Liebre Lagoon showed
characteristics that were different from one another. In the first samples, little diversity was found (2 types of
dinoflagellata, 3 types of diatoms, and one type of cyanobacteria), as well as reduced biomass.... In the
sample taken five weeks later, an increase in diversity was found (6 types of dinoflageliata, 7 types of diatoms)
as well as an increase in biomass. Even when the observations were not quantitative, the difference in the
number of observed organisms was evident." (Profepa 1998: page 8)
• "Marine grasses. -The grasses collected in the Ojo de Liebre Lagoon were found in poor condition, dry and
showing no evidence of radicular growth or new shoots= In contrast, the samples of grasses from the San
Ignacio Lagoon were abundant and vigorous, with turgid stalks and notable recent growth, making apparent
that they were from a healthy environment." (Profepa 1998: page 9)
• "The findings of the laboratory analysis of the [Brine) samples obtained in three sites from the Exportadora de
Sal plant presented high mineral concentrations. The minerals present (fluoride, magnesium, mercury, lead,
Laguna San Igancio Report Spalding 6
As for the effect of the proposed salt plant on the gray whales, it should be noted that after ESSA
began operations at Guerrero Negro, whales abandoned that lagoon for over a decade. Their
disappearance has been attributed to ESSA's dredging of the lagoon' mouth aimed to
accommodate salt barge traffic. The whales returned only after ESSA moved its barge operations
to the larger Laguna Ojo de Liebre.15 More specifically, building the saltworks at Laguna San
Ignacio will risk introducing three of the four major threats to whales, other than whaling: loss of
habitat, accidents involving collision with ships, and the slow but inexorable bioaccumulation of
toxics. New human population will be attracted, crowding the whales in the lagoon with more
boats, noise and waste. Large ocean going vessels will be introduced into the area. Large
quantities of toxic substances such as oil, diesel fuel, and brine wastes will be present. For
example, as proposed by ESSA, the brine wastes will be dumped into the adjacent Bahia de las
Ballenas (Whale Bay).
2.4. The Project in Context
This Eastern Pacific stock of the gray whales is the last one. The Atlantic and Western
Pacific stocks are respectively extinct and nearly so. The proposed saltworks is just one of many
threats to gray whales and as such must be viewed in context. Habitat degradation and aboriginal
whaling constitute cumulative threats to the Pacific Gray Whale. The gray whale is a shared
migratory species which is the subject of an extensive whale watching industry which yearly brings
in US$lOs of millions of dollars in Canada and the US, and an estimated US$4 million in Mexico.
How well is this industry regulated? What is the current status and potential impact on the gray
whale of development in Baja California Sur's Magdalena Bay, Labwna San Ignacio, and Ojo de
Liebre (the three remaining nursery lagoons)? What would be the impact of further development
in these lagoons? What is the impact of Russian whaling, Makah Indian whaling and Inuit Indian
whaling? What would be the impact if the First Nations of Vancouver Island British Columbia
also receive permission go whaling? Add to this, alterations to habitat from climate change and
the bioaccumulation of toxics and it becomes clear that we must be extremely careful in doing
anything that might impact this species.
arsenic, potassium, and sodium) impact the health of the diverse organisms which come in contact with the
brine." (Profepa 1998: page 10)
• "Using the information from the laboratory analyses performed on the samples of water, sediment,
phytoplankton, marine grasses, tissues, and organisms from Ojo de Liebre as a basis, and comparing this
information with the findings from the San Ignacio Lagoon and information in existing literature, it is possible
to conclude that the common factor in the observed phenomena is the occurrence of a plume of hypersalinity in
the area of the Ojo de Liebre Lagoon bordered by the area known as El Chaparrito, the Isla Zacatosa, and the
Isla Conchas... This phenomenon alone affected the plankton communities, destroying the majority of the
organisms least resistant to saline stress, primarily phytoplanktonic organisms. The phenomenon mentioned
with relation to the gonadic maturity of the mollusks and the death of a large number of them can also be
explained by the presence of a hypersaline shock, as this kills some organisms which are not very resistant and
is an effective mechanism used with cultivated mollusks to force spawning." (Profepa 1998: page 13)
~ SSanche2 Pacheco, Jose Angel "Protection y conservation de la bailena gris en Mexico" Sistema National de
Information Ambienta] (undated), available at
http://www.ine.gob.mx/INE/documentos/gacetas/gaceta40/pag22.htm. Also see Hoyt, The Whale Watchers
Handbook, at 177-8 (1984), and lUCN Technical Evaluation World Heritage Nomination Reserva del Vizcaino
(554BIS, 1493) at 1.
Laguna San Igancio Report Spalding 7
3. Politics
3.1. International
3.1.1. International Whaling Commission
The International Whaling Commission ("IWC") has helped in previous efforts to restore
the gray whale population by agreeing to ban whaling. At its 1995 annual meeting, the IWC
helped SEMARNAP put together the International Scientific Committee that prepared the terms
of reference for the second environmental impact assessment for the ESSA project. However,
there is little else we expect the IWC can or will do regarding the issue. There is substantial
opposition, particularly from Japan, toward the IWC acting on anything not related to the
regulation of whaling. This said, Art. 6 of the International Convention for Regulation of Whaling
allows the IWC to make recommendations on any matters relating to whales and whaling, and thus
the IWC ought to be able to take a position.16
3.1.2. MAB/UNESCO Biosphere Reserve
In 1994, El Vizcaino was named aMAB"/UNESCO Biosphere Reserve. Three parts of
the Reserve were named to the list of World Heritage Sites (Sierra de San Francisco, Laguna Ojo
de Liebre and Laguna San Ignacio).' $
Unfortunately, according to a recent publication of the Mexican Environmental Secretariat
regarding the praposed Laguna San Ignacio saltworks, there is an "absence of an incontrovertible
interpretation of the environmental law in terms of the projects that can be authorized in a
biosphere reserve." However, based on a review of international norms and standards, including
the UNESCO Statutory Framework, as well as Mexican Federal law, and the Vizcaino reserve
decree and management plan, it is our conclusion that there is an "incontrovertible interpretation"
of the environmental law regarding whether the ESSA project can be authorized in a biosphere
reserve buffer zone. Under this interpretation of law, Mexico was correct to reject ESSA's first
proposal in 1995, and will be correct to do so again.
Biosphere Reserves serve three main purposes (in order of priority): conservation,
research, and development. Biosphere Reserves are not like other protected areas because they
are intended to promote sustainable use of natural resources and not just preservation. No human
activities are permitted in the core of a biosphere reserve other than non-manipulative research and
monitoring. Human activities in buffer zones, which surround the cores, are to be closely
regulated and limited to those that protect the core, and are consistent with conservation
objectives (for example, environmental education, passive recreation and ecotourism, and
traditional uses). Surrounding the buffer zones are "transition areas" in which rational exploitation
of natural resources may take place in cooperation with local populations.
If the general definitions were applied, there would be fewer questions about the efficacy
of the saltworks if it were outside the buffer zone. This said, the proposed Laguna San Ignacio
16 Personal interview with Ray Gambell, Chair of the IWC (November 1997}.
~ ~ Man and the Biosphere.
'S Secretaria de Medio Ambience, Recursos Naturales y Pesca, Sustainable Development Network www page:
http:lwww.laneta.apc.org/rds [hereinafter "SEMARNAP Sustainable Development Web Page").
Laguna San Igancio Report Spalding $
saltworks is not consistent with international, federal or specific biosphere reserve obligations
because it is not a conservation activity, it does not maintain cultural values, it does not protect the
core of the biosphere reserve, and it does not come from, aid or educate the local community. In
addition, while the ESSA project may constitute an "economic development of natural resources,"
the major benefits from the resource exploitation will be from the value-added by chemical
manufacturers in Japan and will insufficiently benefit the reserve, or the region.19 The project is
too large, it may adversely affect endangered and endemic species habitat, it will serve to
deteriorate the reserve's natural beauty, it will flood important parts of the reserve, it will
significantly alter hydrological and watershed systems, and it threatens the existing economic base.
Finally, the project is being proposed before a reserve management plan is fully articulated and
implemented; and before regulations (norms) have been drafted to implement the December 1996
amendments to Mexico's general environmental law.20
3.1.3.The World Heritage Committee
The Convention Concerning the Protection of the World Cultural and Natural Heritage
(Paris, November 16, 1972) now protects 582 sites of "outstanding universal value," in 114
countries. The intergovernmental World Heritage Committee includes 21 States Parties elected by
the General Assembly of the 155 States Parties to the Convention. The Committee is responsible
for the implementation of the Convention and determines the inclusion of sites on the World
Heritage List.
The Whale Sanctuary of El Vizcaino (Laguna San Ignacio, Laguna Ojo de Liebre and
Laguna Guerrero Negro) in Baja California Sur, Mexico was designated as a whale sanctuary by
Mexico in 1976, included within the largest international biosphere reserve in Latin America (tlie
Vizcaino Biosphere Reserve) in 1988, and listed as a Natural World Heritage Site by the World
Heritage Committee in 1993. Mexico justified its request for adding the whale sanctuary to the
World Heritage list because: "It is an outstanding example representing significant ongoing
biological evolution ... It contains unique and superlative natural features of exceptional beauty
.. [and) It contains the most important and significant habitats where threatened species of plants
and animals still survive." 2' The footprint of the proposed Laguna San Ignacio saltworlcs would
be within the World Heritage Site.
The threats to the Whale Sanctuary had been already been discussed on several occasions
by the World Heritage Committee and its advisory Bureau since 1995. On 23 June 1998, in a
letter to the World Heritage Committee signed by Pro Esteros, Grupo de los Cien, Centro
Mexicano de Derecho Ambiental, the Natural Resources Defense Council, and the International
Fund for Animal Welfare, it was requested that the Committee list the Sanctuary as "World
'9 While speaking about Guerrero Negro, Juan Bremer, ESSA's General Manager, indicated the Mexican
Government returns 33% of its profit to the region. ESSA has recently begun to give some funds and services to
the community. However, apparently, Mitsubishi returns none of its after tax profits to the community, Personal
conversation with Juan Bremer, July 1997.
20 For more information on the international standards for biosphere reserves, see Furze, Brian, Terry de Lacy, and
Jim Birckhead, Culture. Conservation and Biodiversity: The Social Dimension of Linking Local Level
Development and Conservation through Protected Areas Join Wiley & Sons (1996), at pp. 207 - ] 7; Price and
Humphrey (eds.) Application of the Biosphere Reserve Concept to Coastal Marine Areas UNESCO/IUCN (1993),
at pp. I - 7; and UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage,
1972.
'-' Comision Nacional de ]os Estados Unidos Mexicanos para la UNESCO, "Reserva del Vizcaino" (1992)
Laguna San Igancio Report Spalding 9
Heritage in Danger." These groups asserted that the Sanctuary is in Ascertainable Danger'-= as a
result of a marked decline in its endangered species, an imminent threat to its beauty and scientific
value, as well as verifiable and siCQnificant human encroachment. In addition, the groups asserted
the Sanctuary is in Potential Danger''-3 as a result of proposed development projects (such as the
ESSA saltworks) and the lack of a fmal management plan (or that plan's full implementation).
The groups also delivered over 30,000 signed petitions calling on the Committee to act to protect
the sanctuary.
In the case of El Vizcaino, the World Heritage Bureau and the IUCN (the World
Conservation Union) recommended, Mexico accepted and the Committee approved an IUCN
Mission for 1999 to "prepare an up-to-date state of conservation report on the Whale Sanctuary of
El Vizcaino, and submit it to the twenty-third session of the Committee in 1999."z4
3.1.4. NAFTA's Commission for Environmental Cooperation
The Commission for Environmental Cooperation ("CEC") has established a North
American Conservation Program. One of the objectives of this program is to encourage
communities, NGOs and individuals to participate in the conservation of North America's
protected areas such as parks and reserves.''-5 In addition to the CEC's conservation program, the
CEC also has investigative functions26 and quasi-complaint functions'-' which may be helpful in
bringing international attention and pi~~ssure to beaz on resolving the issues related to San Ignacio.
The CEC has been kept apprised of the developments regarding the proposed saltworks in Laguna
San Ignacio.
3.2. Federal
3.2.1. SEMARNAP 2s
SEMARNAP is a newly formed Secretariat in the Mexican government, wluch is intended
to bring all environmental issues under a single umbrella. The Secretary is Julia Carabias Lillo.
Cazabias is also in charge of one other independent agency, the Attorney General for the
Environment ("Profepa") and the three undersecretariats: Fisheries, Natural Resources, and
Planning. The Federal government has exclusive jurisdiction over the proposed saltworks project
for two reasons. First, it falls within a federally designated "Protected Natural Area." Second, the
exploitation of salt directly from seawater is a federally regulated activity (presumably because the
salt and the seawater it is drawn from belong to the people/government of Mexico). For these
reasons, ESSA must provide a federal environmental impact assessment on the saltworks project
to the National Institute of Ecology (INE).29
'-2 World Heritage Convention Operational Guidelines Article II1.B.
'-3 World Heritage Convention Operational Guidelines Article III.B.
za World Heritage Committee document: WHC-98/CONF.203/8.Rev.
is Commission for Environmental Cooperation Project Brief (Undated).
z6 North American Agreement on Environmental Cooperation, 321.L.M. 1480 (1993), at art. 13.
'-~ Id. at arts. 14-I5.
28 Secretazia de Medio Ambiente, Recursos Naturales y Pesca (Secretary of the Environment, Natural Resources
and Fisheries).
'9 SEMARNAP Sustainable Development Web Page supra note ] 8.
Laguna San Igancio Report Spalding 10
So far, SEMARNAP appears to be trying to "do the right thing" regarding San Ignacio.
SEMARNAP has asserted "its firm promise" that through INE, the saltworks "project will only be
authorized if it complies with applicable environmental regulations." 30 It proposed the formation
of the International Scientific Committee to act as an advisory group to INE. SEMARNAP asked
for IWC cooperation in recruiting the world's top whale experts to serve on the Committee. Most
importantly, and despite some flaws, this Committee process is a marked improvement in public
participation and transparency in decision-making in Mexico. The Committee received the public's
comments and produced terms of reference for the new environmental impact assessment (see
section 2.2. above). The.Committee will next be called upon to act in an advisory capacity to INE
in reviewing the assessment once it is complete.3' SEMARNAP has also pursued another form of
participatory communication involving the use of Internet web pages for a more static, but still
transparent, discussion of the issues surrounding San Ignacio.3-' This web site describes the
background on the proposed project and the concerns raised by interested parties. It includes
verbatim transcriptions from a public hearing, public comments submitted via E-mail, and now the
scientific and socioeconomic terms of reference.
3.2.2. I N E 33
A few of INE's relevant functions are planning and environmental impact assessment;
environmental regulation; and conservation and ecological exploitation. It is also in charge of
international cooperation issues. To carry out these functions, INE has state delegates that deal
with local issues. INE rejected the first environmental impact assessment from ESSA, and it will
be responsible for reviewing ESSA's second environmental impact assessment.
3.2.3. Protected Areas Management
Ten Presidential decrees issued this century have created 374 protected areas in Mexico.
As a result, nearly 60% of the country falls under some form of protection. Unfortunately, many
of these decrees disregarded local interests and even disregarded then-existing conditions of
development. Most importantly, there have been few funds to administer the protected areas. In
1994, protected areas management responsibilities were transferred to the newly created
SEMARNAPJINE, however, because there were still no more funds for administration; the
transfer had little impact. The appropriation for protected areas management for 1995 was
U.S.$575,000. It was increased for 1996 to just over U.S.$1 million. SEMARNAP's request for
1997 was U.S.$1.7 million. This amounts to only ten cents per hectare.3a
In addition, in 1995, INE received some funds from the Global Environmental Facility
("GEF") with which it identified the 10 most important protected areas and drafted management
3o Secretaria de Medio Ambiente, Recursos Naturales y Pesca, Informs Los Resultados De Los Primeros Trabajos
Realizados Por E] Comite Cientifico Que Asesora AI Instituto National De Ecologic, En Relation Con El Proyecto
"Saiitrales De San Ignacio" (May 22, 1996) (press release, copy on file with author) [hereinafter "SEMARNAP
Press Release"].
31 Advice which SEMARNAP has agreed in writing to follow. See SEMARNAP "Salitrales de San Ignacio: Sal y
Ballenas en Baja California" Cuadernos(1997) at 9. _
3'- SEMARNAP Sustainable Development Web Page suvra~note ] 8.
s3 Instituto National de Ecologic (National Institute of Ecology).
3a Secretaria de Medio Ambiente, Recursos Naturales y Pesca, Programs de Areas Naturales Protegidas de Mexico
1995 - 2000 (1995), at 113.
Laguna San Igancio Report Spalding 11
plans for these areas. A nev~~ agency within INE, the Sistema Nacional de Areas Naturales
Protegidas ("SWAP") was put in charge of protected areas management. SWAP is currently
restructuring its administration to establish a regional basis, budget and directorships. The biggest
and most important reserves are slated to receive more federal appropriations. In addition, and as
part of this effort, ECONAP has been established. It has 60 members from many sectors in societ<~
and is intended to raise private sector support for the national reserve system. As of 1997, funds
will also be available through a nationwide trust for protected areas, the Fideicomiso Nacional
para las Areas Naturales Protegidas ("FNANP"). The trust will consist of U.S.$20 million from
the Global Environment Facility, U.S.$7 million from the World Bank Northern Border Initiative,
and an as yet unspecified sum from the Mexican government. The goal is to use the corpus of the
trust to generate $200,000 in annual income per reserve in Mexico.
The Director of the Vizcaino Biosphere Reserve, Victor Sanchez, is worried about
development in general, but most importantly "urban" development. There is no way to provide
water to new immigrants to the area, and disposal of wastes has become a monumental problem
(in part because of impermeable soils).35 The reserve has 20 employees, including 6 patrol units.
In addition, PROFEPA (Mexico's environmental attorney general) is taking an active interest in
environmental enforcement in the area. However, a key problem with this reserve is that a very
small part of it is federal land. According to an INE map, most of the reserve (all but 20%
according to Sanchez) has some other claim as well -- ejidos, private ownership, collective
fisheries, or the state. It is thus unlike many other reserves. The "core areas" even overlap
existing development and look like gerrymandered congressional districts in their haphazard shape
(i.e. an after-the-fact designation of protected areas}.36 Much of the reserve's work is funded by
ESSA (as Sanchez discussed his many projects, he noted that some were being totally
underwritten by ESSA, including a fisheries economy study).37
3.2.4. The Mexican Federal Legislature
On Apri130, 1998, the Chamber of Deputies, the lower house of the Mexican Congress,
decided to create a "Commission to Investigate the Environmental Impacts of the Operations of
Exportadora de Sal (ESSA)" both at its existing facility in Guerrero Negro and the planned
saltworks at Laguna San Ignacio. The Commission will have twelve members, 7 from the
opposition parties and 5 from the PRI. The Commission will initially been given one year to
complete its investigation and make a report to the President.
3.3. State
The State of Baja California Sur ("BCS") is pressing for the approval of the saltworks.
The governor of BCS, Guillermo Mercado Romero, according to Grupo de los Cien, has
expressed strong support for the saltworks project. He is hoping the U.S.$120 million investment
will "jump-start" the local economy.38 Mexican state governments have created agencies or
ministries charged with the administration of environmental laws. States are also given many
35 Meeting with Vizcaino Biosphere Reserve Director Victor Sanchez (November 14, 1996) [hereinafter "Sanchez
Meeting"].
sb Sanchez Meeting supra note 35.
37 Sanchez Meeting supra note 35.
36 Romero Aridjis, Grav Whales vs. Pesos: Which Should Prevail? L. A. Times, March 12, 1995, at M1.
Laguna San Igaacio Report Spalding 12
powers in the General Environmental Law of Mexico.39 For example, states and local
governments can enact environmental regulations that are more stringent than the federal standard.
ao
3.4. Local
San Ignacio is within the jurisdiction of the municipality of Mulege, however the local
government has played no role in the management of the lagoon.a' As with many reserves or
protected areas throughout Latin America, a key issue in management is how to reconcile the
conflict of people living in and using the Reserve, while at the same time achieving its protection.
Unfortunately, the Mexican governmental agencies have done a very poor job in public outreach
and communications with the local communities.
The people from the area have spoken of their concerns and perspectives, especially
problems that have occurred since development of the first saltworks in Guerrero Negro. They
have raised strong concerns over the secondary effects of the proposed Laguna San Ignacio
saltworlcs project. Road building will increase access to the lagoon (or if ESSA limits the use of
the roads, may prevent those with need for access for fishing to be shut out). The potential
secondary effects include the other businesses that have sprung up around the ESSA facility in
Guerrero Negro. At the time the saltworks there were founded the population was about 200. It
is now over 12,000. If the pattern of suppliers settling near by, followed by restaurants, hotels,
and tour operators is repeated, the secondary impacts could be very serious.
4. Economics.
4.1. Mitsubishi Corporation
Mitsubishi was founded in 1870 as a shipping company. The current Mitsubishi
Corporation was established in 1950. Mitsubishi is now one of Japan's leading trading companies
and has 230 offices in 85 countries. Few, if any, other companies in Japan have more experience
in international trade than Mitsubishi. Worldwide, Mitsubishi is involved in about 73,000 business
relationships and has a hand in producing approximately 10,000 different products. Mitsubishi's
consolidated assets were U.S.$91.9 billion at the end of fiscal year 1996. Mitsubishi is a
horizontally integrated business (called keiretsu in Japan) that allows it to be a producer of raw
materials, a manufacturer and a retailer in many sectors. Mitsubishi is comprised of seven groups:
Information Systems & Services, Fuels, Metals, Machinery, Foods, Chemicals, and Textiles &
General Merchandise. Solar salt manufacturer Exportadora de Sal (ESSA) is part of the Chemical
group, along with U.S.-based Aristech Chemical Corporation and methanol manufacturer
METOR. az
39 The Genera] Law of Ecological Equilibrium and Environmental Protection, 1988.
ao Serge Dedina and Emily Young, Conservation and Development in the Gran Whale Laeoons of Baia California
Sur. Mexico (1995) (submitted to Marine Mammal Commission, Washington, D.C., copy on file with author), at
20 [hereinafter "Dedina and Young"].
a~ Dedina and Young supra note 40, at 20.
a2 This information in this section is from the Mitsubishi Corporation www page: http://mcweb.mitsubishi.co.jp
Laguna San Igancio Report Spalding 13
4.2. The existing economy
The 28th parallel divides the 28,369-square-mile state of Baja California Sur ("BCS") from
its northern neighbor Baja California ("BC"). BCS is bounded on the east by the Gulf of
California and on the south and west by the Pacific Ocean. as The State Capitol is La Paz. The
population of BCS is 317,764 (1990) with approximately 140,000 in the capitol city itsel£aa
Rapid economic development in the United States -Mexico border region in the 1920's and 1930's
led border-area municipal leaders to lobby for the division of Baja California, then one territorial
unit, into Northern and Southern territories. Strong growth in the North continued in the ensuing
decades, leading in 1952 to the declaration of Baja California as Mexico's 28th state. Meanwhile,
the Territory of Southern Baja California saw little economic development in this period due to its
extreme isolation from the rest of Mexico.45 The desire to stimulate development in BCS
provided the impetus for the construction of the Transpeninsular Highway (Mexico 1). The
Highway was completed in 1973, linking Tijuana with Cabo San Lucas. Less than one year later,
the population of Baja California Sur surpassed 80,000, and the territory became Mexico's 30th
state.ab Today, agriculture, fishing, mining and tourism are the main revenue-earners of Baja
California Sur. U.S.$108,339,393.90 worth of mineral products were extracted in BCS in 1994.47
ESSA's Guerrero Negro Salt operation accounted for over 60% of this figure.ag
4.3. History of the Salt Industry in Baja California
Salt was first produced at Guerrero Negro in 1957 by a U.S. firm for export to the
Northwest U.S. for use in paper production and industry applications. In that year, 50,000 tons
were exported. Other similar solar salt evaporation facilities exist in San Francisco, San Diego,
and in the Bahamas and Australia. Other sources of salt are usually from underground mines (e.g.
in Texas and Louisiana). In 1960, Guerrero Negro started to export salt to Japan. It now supplies
50% of Japan's needs. Guerrero Negro also exports to the U.S., Canada, New Zealand and
various countries in South America.49
4.4. A brief analysis of the World Salt Market.
World salt production was approximately 183 million tons in 1995. Worldwide, important
uses of salt include its use as a raw material in chemical production; in human and animal nutrition,
including food processing; for roadway safety; and in water treatment. 5° At 43.3 million tons, the
United States is the world's largest producer of salt. s' Mexico is the world's seventh largest
producer of salt, and the world's second largest salt exporter. Production has hovered around 7.5
million tons annually during the 1990's.SZ Most of Mexico's salt comes from ESSA's Guerrero
Negro facility, the world's largest solar saltworks. ESSA salt is one of the purest in the world;
as Instituto Nacional De Estadistica, Geoerafica a Informatica. Anuario Estadistico De] Estado De Baia California
Sur: Edition 1995. at 3.
as Id., at 71.
a5 Baja California (Lonely Planet Publications, 1994), at 45 [hereinafter "BAJA"].
a6 Id., at 45.
a7 All dollar figures in this section are based on the 1944 average exchange rate of 3.3 pesos per dollar.
as Instituto Nacional De Estadistica supra note 43, at 213, and BAJA supra note 45, at 21.
ay Ardura Meeting sUDra note 9.
so The Salt Institute Internet www page: http://www.saltinstitute.org [hereinafter "The Salt Institute"].
51 Dennis S. Kostick, Salt, United States Bureau of Mines Minerals Yearbook (1996).
s2 The Salt Institute su ra note 50.
Laguna San Igancio Report Spalding 14
because of this, a "...major part of all exports will always be consumed by the chemical industr}~,
and only a fraction will be used as de=icing salt or for nutrition."53 The salt produced at ESSA's
proposed Laguna San Ignacio operation can be expected to be exported as well because of its
purity and the lack of a strategic chemical application within Mexico. The estimated 7 million-ton
per year capacity of the San Ignacio saltworks translates into a 3-4% increase in the supply of salt
on the world market. Such an increase would undoubtedly have a downward effect on the price of
salt unless demand increases proportionately. On the other hand, while there appears to be little
current need for the saltworks project, over the long term this may not be the case. It may be
quite (economically) reasonable for Mitsubishi to seek to build the facility if it has inside
information regarding the salt industry, or if it has calculated that there is a reasonable expectation
for growth in the salt market.
Salt is the primary feedstock for the world chemical industry. The chemical sector
accounts for over 55 % of world salt consumption, with salt consumption in chlor-alkali
manufacture reaching 70 million metric tons in 1996.sa For example, the chemical industry is the
largest single user of salt in the United States, representing about 42% of total salt consumption.
Highway de-icing, subject to large annual fluctuations, accounted for 35%, and food and
agricultural applications -for 6% of total US salt consumption in 1996.ss
In the chlor-alkali industry, electrolysis is used to break NaCI into its component ions and
to make chlorine, caustic soda, sodium. chlorite and sodium chlorate. Ninety-five percent of salt
used by the chemical industry is in the manufacture of chorine (ClZ) and caustic soda (NaOH).
Chlorine has many uses. It is an effective disinfectant and bleach. Downstream, vinyl chloride and
polyvinyl chloride (PVC) and their derivatives are produced from chlorine. Caustic soda, on the
other hand, is used in pulp processing and in the making of cellulose chemicals and their
derivatives. Other chemicals manufactured from salt are metallic sodium and sodium chlorate.
Until 1986, salt was used to produce synthetic soda ash (NaCO3) in the U.S.
4.5. Ecotourism and Fisheries
While whale watching has been a popular tourist attraction in Laguna San Ignacio for
many years, it has only recently become an organized industry. As a result of some training
exercises, it is evolving into an instructional ecotourism activity. Initially the industry was
unregulated; then the government required tour guide boat captains to obtain permits from Mexico
City and to abide by well-developed whale watching regulations. However, for a long time there
was no one on site to enforce or direct activities. The whales there are "friendly"; they will bring
their young to the boats to be touched, an apparently learned behavior. In the past, individual
boats would stay in the lagoon for 3 days. More recently land-based ecotourism has developed.
Locals have been trained in both language and biological information, and local boatmen and
fishermen are making money from this.
The fisheries sector of the current economy appears to be sustainable, but at risk from
overfishing by non-locals. Views expressed by local fishermen indicate no desire to change their
lifestyle. The people in the area want to remain there, fishing, living and growing sb
53 Ursula Ewald, 7'he Mexican Salt Industry, 1560-1980 (l 985) p.185.
sa pfeifer, S. "Salt Presages Chlorine Growth" (October 15, 1997}. Chemical Week, p. 35.
55 The Salt Institute supra note 50.
sG Statements of Laura Martinez Rios of Pro Esteros at the Environment Committee of the San Diego -Tijuana
Laguna San Ignacio Report Spalding 1$
•
5. Civil society
In general, there has only been a limited group of people in Mexico involved in opposing
the San Ignacio saltworks project up until now. For the most part, Mexican environmental groups
and the communities near L b°una San Ignacio are the groups that have and can continue to make
a difference.
5.1. International Groups
Greenpeace
International Fund for Animal Welfare
Natural Resources Defense Council
RARE Center for Tropical Conservation
The School for Field Studies
World Wildlife Fund
5.2. National Groups
Consejo Para la Defensa de la Costa del Pacifica
Grupo de los Cien
Pro Natura
Union de Grupos Ambientalistas
5.3. Baja Peninsula Groups
Pro Esteros Pro Natura (Baja California Chapter)
Amigos de la Laguna Kuyima Servicios Ecoturisticos
The fishing cooperatives Ejido Luis Echeverria Alvarezs~
Grupo Sierra de la Laguna
ABOUT THE AUTHOR
Mark Spalding is a Research Fellow at the Center for U.S.-Mexican Studies at UCSD. He is also a Lecturer at the
Graduate School of International Relations and Pacific Studies (IRlPS) at UCSD where he teaches international
environmental policy and law courses. He is the Chair of the California State Bar's Environmental Law Section. In
addition, Mark handles international environmental policy and law projects as a consultant. Mark holds a
Region monthly meeting (June 7, 1996).
57 Presumably, this ejido was created as part of the redistribution of land following the 1917 Mexican Revolution.
The nation's new constitution established Mexico's ejido system. The creation of this system was intended to
achieve agrarian and land ownership reform to eliminate peonage and landlessness. Land expropriated from
wealthy families was combined with national and church lands and was redistributed for use by the poor. Once
granted an ejido, the recipients could not lose it as long as they were using it. Regardless of how or how well they
used it, creditors of any kind could not take it from them. However, they were not given any property rights other
than the right to use. Ejidos were not transferable. In 1993, as part of his unilateral preparations for NAF1"A,
President Salinas amended Article 27 and terminated the ejido redistribution program. Those who occupy them
can own the ejido lands. More importantly, they can be sold or taken by creditors. However, because much of the
Laguna area is in the "coastal zone", transfers of ownership to foreign buyers are severely limited. Under present
law, even if there were a willing seller, Mitsubishi probably can not buy this land.
Laguna San Igancio Report Spalding l 6
bachelor's degree with honors in history from Claremont McKenna Colleee, a lave degree from Loyola Lava School
and Master of Pacific International Affairs degree from IR/PS. He may be contacted at mspalding~ ucsd.edu or at
6 ] 9/259-7879.
•
Laguna San Igancio Report Spalding 17
ANNEX I REFERENCES
Baia California (Lonely Planet Publications, 1994).
Comision Nacional de los Estados Unidos Mexicanos pars la UNESCO, "Reserva de] Vizcaino" (199?).
Dedina, Serge and Emily Young, Conservation and Development in the Grav Whale Laeoons of Baja California
Sur. Mexico (1995) (submitted to Marine Mamma] Commission, Washington, D.C., copy on file with author).
Ewald, Ursula The Mexican Salt Industry. 1560-1480 (1985}.
FurLe, Brian, Terry de Lacy, and Jim Birckhead, Culture Conservation and Biodiversiri~: The Social Dimension of
Linkine Local Level Development and Conservation throueh Protected Areas John Wiley & Sons (1996).
Grupo de los Cien, Compania Exportadora de Sal vs. La Ballena Gris y La Reserva de La $iosfera Del Desierto Del
Vizcaino (1995) (dossier of relevant background materials, copy on file with the author).
Grupo de los Cien, Whale of a Saltworks Still Threatens San Ignacio Lagoon (submitted at 48th Annual Meeting of
the International Whaling Commission, 24-28 June 1996, Aberdeen, Scotland, copy on file with author).
Letter from Francisco Guzman Lazo, former CEO of ESSA, to Ernesto Zedillo, President of Mexico (April 10,
1996).
Hoyt, Erich The Whale Watchers Handbook (1984)
Instituto Nacional de Ecologia, Cuadernos de Trabajo 3 -Areas Naturales: Economia a Institutiones (undated
pamphlet, copy on file with author).
Instituto Nacional de Ecologia, Environmental impact assessment rejection letter from Gabriel Quadri de la Torre
to Juan Bremer Gonzalez. (27 February 1995) (copy on file with author).
Instituto Nacional de Ecologia, Hearing Regarding ESSA Saltworks Proposal (February 29, 1996) (statement of
Francisco Guzman Lazo, copy on file with author).
Instituto Nacional De Ecologia, Riservas De La Biosfera y Otras Areas Naturales Protegidas De Mexico (1995).
Instituto Nacional De Estadistica, Geografica a Informatics, Anuario Estadistico Del Estado De Baja California
Sur: Edicion 1995.
IUCN, Technical Evaluation, World Heritage Nomination Reserva del Vizcaino (554BIS, 1993)
Kostick, Dennis S, Salt, United States Bureau Of Mines Minerals Yearbook (1996).
Mitsubishi Corporation www page: http://mcweb.mitsubishi.co.jp
Mitsubishi International Corporation, "Environments{ Study to Begin on Proposed San Ignacio Salt Project" Press
release (October 3, 1997) (copy on file with author).
Natural Resources Defense Counsel www page: http://www.nrdc.org
North American Agreement on Environmental Cooperation, 32 I.L.M. 1480 (1993).
Odanez Diaz, Maria De Jesus, Oscar Flores Villela, Areas Naturales Proteeidas (1995).
Pfeifer, S. "Salt Presages Chlorine Growth" Chemical Week (October 15, ]997).
Laguna San Igancio Report Spalding 1 g
Price and Humphrey (eds.) A~nlication of the Biosphere Reserve Concept to Coastal Marine Areas UNESCO/IUCN
(1993).
Profepa Technical Report, "The Die-off of Sea Turtles in the Ojo de Liebre Lagoon" (1498)
Sanchez Pacheco, Jose Angel "Protection y conservation de la ballena grin en Mexico" Sistema National de
Information Ambiental (undated), available at
http://www. ine.gob.mx/INE/documentos/gacetas/gaceta40/pag22.htm
The Salt Institute Internet www page: http://www.saltinstitute.org
Secretaria de Medio Ambiente, Recursos Naturales y Pesca, Informa Los Resultados De Los Primeros Trabajos
Realizados Por El Comite Cientifico Que Asesora Al Instituto National De Ecologic, En Relation Con El Proyecto
"Salitrales De San Ignacio" (May 22, 1996) (press release, copy on file with author).
Secretaria de Medio Ambiente, Recursos Naturales y Pesca, Programa de Areas Naturales Protegidas de Mexico
1995 - 2000 (1995).
Secretaria de Medio Ambiente, Recursos Naturales y Pesca, main www page: http://semarnap.conabio.gob.mx/
Secretaria de Medio Ambiente, Recursos Naturales y Pesca, "Salitrales de San Ignacio: Sal y Ballenas en Baja
California" Cuademos(1997).
Secretaria de Medio Ambiente, Recursos Naturales y Pesca, Sustainable Development Network www page:
h ttP : /www .1 an eta. ap c. o rg/rds
Simonian, Lane, Defending The Land Of The Jaguar: A History Of Conservation In Mexico (1995).
Sinton, J. & Faust, B. "Let's Dynamite the Salt Factory! Communication, Coalitions and Sustainable Use among
Users of a Biosphere Reserve." Presentation for ASEH Conference. Houston (March 1991) (copy on file with
author)
Tanner, W. & Suominen, K. "Las Lisas: Trouble in Paradise". The Sig]o News (January l4, 1998).
Trade and Environment Database www page on "Whales and Habitat Preservation"
http:J/gurukul.ucc.ameri can.edu/ted/mexwhale.htm
UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972.
United States Geological Survey Mineral Commodity Summaries, Salt (1996).
Vargas Marquez, Fernando, Pargues Nacionaies de Mexico y Reservas Eauivalentes• Pasado Presente Y Futuro
(1984).
•
Laguna San Igaacio Report Spalding 19
NGV. 2. 999 .2 c~P~ M~VC1R CITY CauNC., y1b2a4~b8V
,.
~i .~ ~ i ~ L
6•~
•
~so~u~r~oN- No.
AAOPTID BY TFIE SACRAM.EN'I'G CITX COUNCIL
ON DATE OF
A RESOLUTION OF 7H1r CITY COLfiTCIL OF THE CITY OF
SACR.AMEN']'0, CALIFORNIA, URGING THE MITSUBISI~
CORPORATION Il~~IlviEDIATELY AND PER1vL4N~]TLY TO
WITfIl7RAW ITS PLANS TO CONSTRUCT A SALT WORKS PLANT 11,T
LACUNA SAS' IGNACIO IN ORDER TQ PRESERVE THE LAST
REMAINI1vG TREBI7ING GRC3UND IN THE WURLU r~UK 'i~til::
CALIFORI`'IA CrRAY WfL4I.ES AND OTf~RENDANGERED SFECIES
WF~REAS, Mitsubishi Corporation, through a subsidiary imown as F;xporzada de 5ai, 5.A..
(ESSA), plans to btiiid the world's largest salt factory in Mexicv'S Lagu~xa Srii I~ia~:iu, ansl
WI~REA.S, Laguna Sar, Igrtacia is the last pristine breedins and calving arcs in the entire
world for California C'may Wha.le~ ac wets as home to numerous other diverse species such as the
endangered prong-horned antelope, Isurro•Xing owls, sea Dons, and black sza turtles; and
WHEREAS, Laguna San Ignacio was designated as a whale sanctuary by lvlexico in 1976
included within the EI Vizcaino Biosphere Reserve in 1985, and listed by UNESCO as a World
Heritage Site in 1993; znd
WHEREAS, the proposed building ofthe largest salt factory in the warlQ will inevitably cause
toxic contamination, increased noise and ship traffcc, altered drainage patterns anri other drastic
environmerna! disturbances which may force mother Gray 'Whales and their calves from their last
Cciiai~utig breeding lagoon; and
WF~REAS, in three years, two major spills of toxic brine frot.j a MitSubiSlu sal~wotks iti
nearby Cs~~errGro Nego have killed more than 94 endangered sea turtles; and
FOR C1TY CLERK i15F QNi.X
~soz,vTioN No.
DATE ADOPTED.
N~~' ~. '599 1?'42PM M:+Y'1K C;TY C~'CN^i~ 91Es2o4?68G ~;C co^ ~ 4 ~.
WHEREAS, a Mexican govettuncnt audit conducted in 1995.9ti revealed 21K environmental
deficiencies at the existing Guerrero Negro szltworks facility, wlusli t~ dtstc rctn~tin5 ~ncortected; and
«THEREAS, the permanent flooding of 116 square rnilcs of an area dcsigrrated ns a UN World
heritage Site and $iosPhere Re.erve, is Eioth illegal according to Mexican law and a mockery of
international environments! protections; and
W~YEREAS, thirty four of the world's most distinguished scientists including tine Nobel
laureates, have warned of an "unacceptable risk" to significmttt' biological resources ut and around
Laguna San Ignacio; and
Vi~I~REAS, over 750,004 people around the world have sent petitions and letters to the
President of Iviitsubishi urging him to abandon the proposed saltworks; and
WIiEl:~AS, a Mexican-led international coalition of over 50 concerned em7rottmental
u~•g8~utaeiust5 i~iclucfir~g Qrupe de ]05 Cien, Pro Esteros, Union de Grupos Ambientalistas, Centro
Mexicano de Derecho /Lmbicntal, Conscjo Para laDefcnsa dt la Costa, dsl Pacifico, and Greeupeac:e
Mexico, together with the Iaternationat Fund for Animal Welfare and the Natural Rssourae Defense
Council, have established a coalition to save Laguna San Tgnacin;
-' NOW, THEREFORE, BE 1<T RESOLVED that the Sacramento City Council does hereby
urge the Mitsubishi Corporation to immediately and permanently withdraw its plans to construct a
salt works plant at Laguna San Ignacio in order to preserve the last remaining breeding ground in the
v~rorld for the California Gray Whale and other endangered species; and
BE IT FURTHER RESOLVED that the Sacramento City Council requests the City Attorney
to investigate the number and type of contracts between the City of Sacramento and the Mitsubishi
Corporation and any of" its subsidiaries and the fiscal impact of divesting from those carrpanies.
ATTEST: Vice-Mayor
City Clerk
FOR CITY CLERK USE ONLY
~.
RESOLUTION Np,
DATE ADQI~'TED:
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•
•
•
NOV-29-1999 16 ~ 13 CITY OF SARATOGA/ADM I N . ~+r~o ~~~ --~-~-
^_
Gmpaign !o Saw Laguna San {gnacio A P1t~JEC1' OF THE INTERNwTwNw~ FuNO soR ArnM~ wEVM[
IN ooorEwmoN wrrM *M[ N~T1~u AESOUROa DexusE Cow~o~
.u-D MODE Tw~w 50 MonG-N tONfERV~TION OR6ANRAflpltf
The Campaign to Save Laguna San Ignacio is proudly endorsed by the
following rtlunlclpalltles & organizations
St-n_~5rancieco bard o ,~ erviey„~; On September 27, the Board unanimously passed a resolution
"urging the Mitsubishi Corporation to i~aaaediately anti permanently withdraw its plans to build a Salt
plsut at Laguna San Ig~aacio is order to preserve the last remaining breading ground in the world for
the California Gray Whale aAd other endangered spades."
i
o >1 Coa Bap f Su ervie n: Oa November 16, I 999 the Board unanimously passed a
resolution `5oitung the Campaign to Ssve Laguna Sant Ignacio by requesting that the Nlitsubislu
Corporaoiou immediately, and pes:a><nently withdraw its plan to construct a saltworks plant at Laguna
San Ignacio." •
Coan Basrd of Sn : On November 23, the Board unanimously passed a resolution.
Latlguage is forthcoming.
Wit Mari~n~ C6~pber of Commerce• pa Navembtr 22, the Chamber wrote a letter of support urging
the Mu~i~a County Board of Supervisors to adopt a resolution `for the sake of the rnvironment, [their
County's visitors anti reside~tg, and the whales themselves, that] Miuubishi's salt works should not be
built."
oa alai City Council: On November 9, 1999 the city council unanimously passed a resolution
urging lviltsubishi to withdraw plans to build a salt plant at Laguna San Ignacio. The Los Angeles City
Council also "requests the City Attorney to investigate the number and type of contracts between the
Ciry of Los Angeles aid the Mitsubishi Corporation and any of its subsidiaries"
to Ci Coan • : On Novel~ber 2, the City Council unanimously passed a resolution urging
IaCtaubislu to withdraw pleas to build a Salt Plant at Lagu;aa San Ignacio. The Sacramento City'
Council amended the resolution in order then "the Ciry Attorney and Treasurer to investigate the
number aid type of eontraats between the City of Sacramento aid the Mitsubishi Corporation."
M i CouACil: On November 18, the City Council unanmously passed a resolution urging
Mitsubishi to withdraw its plans to build a silt pleat at Laguna San Ygriacio.
'~' o Doti Ci Councfis On November 15, the City Council ur~animovsiy passed a resolution
urging Mitsubishi to withdraw it$ plans to build a saltworks pleat at Laguna San Ignacio. Resolution
language is forthcozaing.
Bel~ley,~City Council: On Noverrtbcr 2, the City Council unanimously passed a rasoluion urging
Mit~subis, ' to withdraw plPtus to build a saltworks plant at Laguna, San Ignacio. Furtheranore, the
"Berkeley City Gouncil reconnmends to the CCrI fvrneer Public E»sployeas Retfrerrrcrrt System (CalPers)
190o z1° 5rtur, Swri ~Ob, S•c~r-o, G 95814 • TE<: 915.737.3325 • F,uc; 916-737-1609
~~~+s
NOV-29-1999
4
that it immediately atop the purchase of any stook iJa Mitsubishi Corporation" and its subsidiaries
including Union Back of California sad "that no mutual fund containing said stuck shall be purchased
until lvtitsubishi abandons its plans to build the saltworlcs."
Purthermore~ the `Berkeley City Council recommends that the City of Hcrkeley begin action to divest
any current holding in Mitsubishi and rte subsidiaries, including mutual funds or other stock funds
containing hard stock, until Mitsubishi abandons its plans to build the saltworks "
Da~-is City Council: Oa November 10, the City Council unanimously passed a resolution `urging
t u r taw itr plans to construct a salt works plant u Lagruu San Iganacio in order tv
preserve the 18st retnainiug breeding ground iua~ the world for the California Gray Whale and o~rer
v~urgert~d species."
R,ichsstond City Council: On November 23. the City Council passed a resolution urging Mitsubishi to
wi its p area to construct a salt plant at I.agtma San Ignacio. Resolution language is ,forthcoming.
watsonviite City Coanca'l: On November 23, the City Council passed a resolution uxgirrg Mitsubishi
wr w p t4 ur a salt plant at Caguas San Ignacio. Resolution language is forthcoming.
Poway City Coaacd: On Noveanbcr 9, 1999 the City Council unanimously pa,.ased a resolution urging
tau ~s to wr~raw plans to build a Salt Plant at Laguna Sail Ignacio. Furthermore, "the City
Council of Poway direct that Waco be no purchase of any 5naacial instrument that inc)udes Mitsubishi
Cpxpq~gg and Sts subsidiaries including mutual funds, or ether fiord oontair~ing Mitsubishi stook until
Mitsubishi abandons its pleas to build a salt worl~ pleat."
Council~nembe~r Betty Rexford asserted that "evoluti0rl taitos rrrilletvniums; decimation of a species by
rrlan takes little time ax all,"
3aata Cruz Cfty Cound[: On November 9, the City council unarsicrrously passed a resolution urging
tau to naarn ate y and pormaaeady withdraw its plant to construct a salt works p)arit aE
Lagut~ San Igaraoio. Resolution langtragc is forthcoming. '
Imperial Beach City Coutieil: On Novembrr l9, the City Council unanimously passed a resolution
uestrng t e a Corporation uruuediately and permanently withdraw its plan to
wnstivct a saltworks plant at Laguna Sea Ignacio "
Trinkiad City Council: Oa Novoraber 10. the City Council unaai~mously passed a resolution urging
to s to rmm rate y and permanently withdraw its plant to construct a salt works plant ac
Laguna Sea Ignacio. Resolution language is l~cotning.
Enraks CICy Conner!: Qts November 2, the City of Euroka unanimously passed a resolution urging
to ately axrd pGrmaacntly rovitbdtaw its plans to construct a salt works plant at
Laguna Sun Ignacio.
Gray Panthers of Sacramento: 'fhe Sacramento Chapter of the Cxray Panthers support the Campaign
o eve an grsacro eve moved their bank account from Union Beak of California as a
result of Mitsubishi's proposal to build the wtlt plant.
4nRRhR17RC) =~ MHN ('l1PFRTiNn _TEL=14082538600 11/29'99 16:57
NOV-29-1999
8ervke Employes Yntecaegonal Un~oa, Y.oeal 2028: On October 25, the union which represents
eaoap oyecs to an sego vast rs o er public and private sector workers endorsed
the `ZViitsubishi, Don't Buy IY' cempeign.
Dpnoeratic Club of UC $ee'keky: On Novetmbar 28, the student organization unanimously pasaod a
t uy rao urioa
TOTRL P.04
~nf2Rf.Lt~7Rn ~~ M1~A1 !'IIDGt)TTNf1 TG~ -~4nQ~S~Rhnn 11 /79'99 1h•SR
11-30-99
The following municipalities and courny boards of supervisors will consider resolutions
this month:
City of Del Mar
City of Sebastopol
City of Monterey
Yolo County Board of Supervisors
Humbolt County Board of Supervisors
Almameda County Board of Supervisors
_ .-- ,~
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Campaign to Save Laguna San Ignacio A PROJECT OF THE INTERNATIONAL FUND FOR ANIMAL WELFARE
IN COOPERATION WITH THE NATURAL RESOURCES DEFENSE COUNCIL
AND MORE THAN 5O MEXICAN CONSERVATION ORGANIZATIONS
Fifteen Investment Firms, with $14 billion in assets, refuse to do
business with Mitsubishi.
They insist Mitsubishi must abandon its plans for ahabitat-destructive salt plant in the
whale breeding grounds of Laguna San Ignacio.
Press Release -October 25, 1999
YARMOUTH PORT, Mass., Oct. 25 / -- Fifteen of the world's top mutual funds and asset managers have joined together to
announce that they won't do business with corporate giant Mitsubishi as part of the campaign to save Baja whales. These
financial heavyweights say, "Mitsubishi's poor environmental record is not a sound investment."
The campaign is supported by Calvert Group, Citizens Funds, Crown Futures, Domini Social Investments, Everest Asset
Management, First Affirmative Financial Network, Green Century Fund, Miller Howard Investments, MMA Praxis,
Parnassus, Pax World Fund, Prentiss Smith & Co., Trillium Asset Management, Walden Asset Management and Winslow
Management -- totaling an unprecedented $14 billion in successful environmentally sound investment funds.
This announcement encourages Mitsubishi to abandon its plans to build the world's largest industrial salt factory at Laguna
San Ignacio, Baja California, Mexico. This unique habitat is the last pristine breeding grounds of the Pacific gray whale.
Mitsubishi plans to destroy 116 square miles -permanently altering the delicate ecosystem and harming animals and plants
found nowhere else on earth. World scientific consensus and public opinion is against the project. The Mexican government
has already rejected the project once, but Mitsubishi continues to pursue this project.
"This kind of behavior on Mitsubishi's part harkens back to the era of the corporate robber barons, said Delcy Steffy, Director
of Social & Environmental Research with Miller/Howard Investments. "We're now in an era that recognizes a corporation's
responsibilities to its environmental and social context," emphasized Steffy. "At Miller/Howard we avoid investing in
companies that have a history of behavior that is detrimental to the health of the planet; companies that are unresponsive to
shareholders and other constituents. Surely Mitsubishi can find an alternative way to do business."
Citizens Fund, America's largest family of socially responsible no-load mutual funds, has also joined the campaign. "At
Citizens Funds, we invest only in companies with high standards of corporate responsibility, which include companies that
embrace protection of the environment," said Citizens Fund President & CEO John Shields. "We support IFAW's efforts to
hold Mitsubishi accountable as a world citizen and stop their efforts to build a salt factory near the last pristine Pacific gray
whale nursery in the world," Shields stated.
According to Jared Blumenfeld, IFAW's Director of Habitat, "This $14 billion in monies not being invested in Mitsubishi
should send a wake up call to the corporate giant." Blumenfeld added "Mitsubishi has a choice to make-- they can become a
responsible corporate citizen or they can enter the next millennium as an environmental outlaw."
The high-profile divestment campaign was launched in California on September 27th, when the San Francisco Board of
Supervisors voted 9-0 in support of a resolution not to do business with Mitsubishi or any of its subsidiaries. Similar
resolutions are being voted on in Los Angeles and Sacramento, and have received strong support from government officials.
Please visit www.savebajawhales.com for more information.
1800 21" STREET, SUITE 100, SACRAMENTO, CA 95814 • TEL: 916-737-9325 • FAX: 916-737-1809
® i~~, •26
NOV. 2. ' 999 i 2' 4 i PM MAYOR CITY COUNC i ~ 916264?b80 NQ 898b P. 3:'4
6•~
~sor~u~~oN ~o.
ADOPTEb BY THE SACRAMENTG CITY COUNCIL
ON DATE OF •
A RESOLUTION OF Tl~ CITY COUNCIL OF 1~ GITY OF
SACRAMENTO, CALIFORNLA, URGING THE MITSU$ISIdI
CORPORATION IlvIlviEDIA.TELY AND PERM:4NENTLY TO
WITI-ID1tA.W IT$ PLANS TO CONSTRUCT A SALT WORKS PLANT tLT
LAGUNA SAN IGNACIO IN ORDER TO PRESERVE THE LAST
R~S2A~NING FREFDING GROUND IN THE WORLD r'UK '1']~ih:
CALIFORNIACrR,AYWFL4I.ESAND OTHERENDANGERED SPECIES
Vi~REAS, Ivfitsubishi Corporation, through a subsidiary known as lrxportada Cfe Sai, S.A..
('.ESSA), plans to build the world's largest salt factory in Mc~sicu's Lagtuaa Seal I~iac:iu, and
WI~1tEA.$, Lagtena San Ignacio is the last pristine breeding and calving area in the entire
world for California C'7ray VVha.lec as well as Dome to numerocts other diverse spe~es such as the
endangered prong-homed antelope, burro~xing owls, sea lions, and black sea turtles; and
W~REAS, Laguna San Ignacio was designated as a whale sanctuary by Ivlexico in 1976
included within the El Vizcaino Biosphere Reserve in 1485, and listed by UNESCO as a World
E~eritage Site in 1993; 2nd
VPHEREAS, the proposed building ofthe iar;est salt factory in the world wi1I inevitably cause
toxic contarninetion, increased noise and ship traffcc, altered drainage patterns and other drastic
environmental disturbances which may force moti7er Gray 'Whales and their calves from their last
~ rc~~ai~un~ breeding tagvon; and
'Vi~IrEAS, in three years, two major spills of toxic brine from a Mitsubislu sallwv~ks iti
nearby C.ruerrero Negro have kilted more than 94 endangered sea turtles; and
FOR CITY CLERK ilSF O1VI.X
R~SQ~.UTION NO.
DATE ADOPTEb.
- Nev. ?. ~ 999 1 ~ :42PM M~YCIk C iTY r..C,UNr..1 L 916264?680 N~. 8986 P. 4,'4
WHEREAS, a Mexican government audit conducted in 1995-9d revealed 2}~ environmental
~~ .
deficiencies at the existing Guerrero Ne,,P. ro szltwocks facility, wlucli to d~slc rrm:~ uncorrected; and
WHEREAS, the permanent flooding of 116 square Holes of an area designated ns a LJN World
heritage Site and $iosphere Reserve, is troth illegal according to Mexican law and a mockery of
international environmental protections; and
V~+'1~TEREAS, thirty four of the world's most distinguished scientists including nine Nobel
laureates, have warned of an "unacceptable risk" to significant' bioiogical resources in and around
Laguna San Ignacio; and
UJHI/IiEAS, over 754,Od0 people around the world have sent petitions and letters to the
President of Mitsubishi urging him to abandon the proposed saltworks; and
WHE~AS, s Mexican-led international coalition of over 50 concerned environmental
vrgacucaciucu including Qrupe de ios Cicn, Pro Esteros, C3nion de Grupos Ambientalistas, Centro
Ivleacicano de Derecho hmbieetal, Conscjo Para labe£easa do la Costa del Pacifico, and Greenpeacc
Mexico, together with the Interrsationgl Fund for Animal Welfaxe and the Natur811?.esource Defense
Council, have established a coalition to save Laguna San Ignacio;
~--' NOW, THEREFORE, BE ;tT RESOLVED that the Sacramento City Council does hereby
urge the Mitsubishi Corporation to immediately and permanently withdraw its plans to construct a
salt works plant at Laguna San Ignacio in order to preserve the last remaining breeding ground in the
world for the California Gray Whale and other endangered species; and
BE IT FC}R.THER RESOLVED that the S acrarnenta City Council requests the City Attorney
to investigate the number and type of contracts between the City of Sa~amento and the Ivlitsubislli
Corporation and any of its subsidiaries and the fiscal impact of divesting from those companies.
ATTEST:
City Clerk
Yce-Mayor
FOR CITY CLERK USE ONLY
xESOLVTtoN Na.
17A'i°E A,15Gt'TED:
f f~
City Clerk's Office
November 5, 1999
William Crist, President
Ca1PERS Board of Administration
California Public Employees' Retirement System
P.O. Box 942701
Sacramento, CA 94229-2701
Dear President Crist and Boazd Members:
At its meeting of November 2, 1999 the Berkeley City Council adopted Resolution No. 60,285-
N.S. supporting the Campaign to Save Laguna San Ignacio, Mexico, and calling on Mitsubishi
Corporation to immediately and permanently withdraw its plan to construct a saltworks at
Laguna San Ignacio.
Additionally, the Council urges you, the Ca1PERS Board, to immediately stop the purchase of
any stock in Mitsubishi Corporation and that of its affiliates or entities, and that no mutual fund
or other fund containing said stock shall be purchased until Mitsubishi abandons its plans to
build the saltworks.
Mexico's Laguna San Ignacio is the last pristine breeding and calving area in the world for the
California Gray Whales. The salt factory would encompass 116 square miles and would
introduce toxic contamination, ship traffic and noise into the reserve.
A copy of the resolution is enclosed.
Sincerely,
~. .
Sherry
City Clerk
cc: Mitsubishi Corporation
Campaign to Save Laguna San Ignacio
James Burton, Chief Executive Officer, Ca1PERS
Mayor Shirley Dean
Councilmember Betty Olds
Councilmember Dona Spring
James Keene, City Manager
Enci: Resolution No. 60,285-N.S.
1900 Addison Street, Berkeley, CA 94704 Tel: 510.644.6480 TDD: 510.644.6915 Fax: 510.644.8801
E-Mali: clerk@ci.berke(ev.ca.us Website: http.//www.ci.berkelev.ca.us/clerk
RESOLUTION NO. 60,285-N.S.
SUPPORTING THE CAMPAIGN TO SAVE LAGUNA SAN IGNACIO, MEXICO
WHEREAS, Mistubishi Corporation, through an entity known as Exportadora de Sal, S.A.
(ESSA), plans to build the world's largest salt factory in Mexico's Laguna San Ignacio (LS)); and
WHEREAS, Laguna San Ignacio is the last pristine breeding and calving area in the entire world
for California Gray Whales, and its surroundings are also home to the endangered prong=horned
antelope, burrowing owls, sea lions, black sea turtles and countless other wildlife; and
WHEREAS, Laguna San Ignacio was designated a whale sanctuary by Mexico in 1976, included
within the El Vizcaino Biosphere Reserve in 1988, and listed by UNESCO as a World Heritage
Site in 1993; and
WHEREAS, toxic contamination, noise, ship traffic, altered drainage patterns and other
degradations this huge industrial facility will bring may force mother whales and their calves
from their age-old breeding lagoon; and
WHEREAS, in three years, two major spills of toxic brine from a Mitsubishi saltworks in nearby
Guerrero Negro have killed more than 94 endangered sea turtles; and
WHEREAS, a Mexican government audit conducted in 1995-96 revealed 298 environmental
deficiencies at the existing Guerrero Negro saltworks facility, most of which remain uncorrected;
and
WHEREAS, the permanent flooding of 116 square miles of an area designated as a United
Nations World Heritage Site and Biosphere Reserve, is both illegal according to Mexican law
and a mockery of international environmental protections; and
WHEREAS, thirty-four of the world's most distinguished scientists, including nine Nobel
Laureates, have warned of an "unacceptable risk" to significant biological resources in and
around Laguna San Ignacio; and
WHEREAS, over 750,000 people around the world have sent cards and letters to the President of
Mitsubishi urging him to abandon the proposed saltworks; and
WHEREAS, aMexican-led international coalition of over fifty concerned environmental
organizations including Grupo de los Cien, Union de Grupos Ambientalistas, Centro Mexicano
de Derecho Ambiental and Consejo Para la Defensa de la Costa del Pacifico, together with the
International Fund for Animal Welfare and the Natural Resources Council, have formed the
Coalition to Save Laguna San Ignacio.
^',,
'-~,
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley joins the
Campaign to Save Laguna San Ignacio in requesting that the Mitsubishi Corporation
immediately and permanently withdraw its plan to construct a saltworks at Laguna San Ignacio.
BE IT FURTHER RESOLVED that the Council recommends to the California Public
Employees Retirement System (CalPers) that it immediately stop the purchase of any stock in
Mitsubishi Corporation (Motors, Electric, Estate Company, Mitsubishi Group, Heavy Industries,
International, Materials, Paper Mill Ltd., Steel Mfg. Co., etc.), Nipon Mitsubishi Oil Corp., Bank
of Tokyo Mitsubishi, Mitsubishi Trust and Banking Corporation, Kirin Beer, Nikon Corp., NYK,
MC Information Systems and Services, Union Bank of California, Tokio Marine and Fire
Insurance, Meiji Life Insurance, and that no mutual fund or other fund containing said stock shall
be purchased until Mitsubishi abandons its plans to build the saltworks.
BE IT FURTHER RESOLVED that the Council recommends that the City of Berkeley begin
action to divest any current holding in Mitsubishi and its subsidiaries, including mutual funds or
other funds containing said stock, until Mitsubishi abandons its plans to build the saltworks.
The foregoing Resolution was adopted by the Berkeley City Council on November 2,
1999 by the following vote:
Ayes: Councilmembers Armstrong, Breland, Maio, •Olds, Shirek, Spring, Woolley,
Worthington and Mayor Dean.
Noes: None.
Absent: None.
.7
Attest:
Shefry M. Kel y, City Clerk
Shirley De ,Mayor
RESOLUTION NO. 99-s4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EUREKA
URGING THE MITSUBISHI CORPORATION INIlVIEDIATELY AND PE~NTLY TO
WITHDRAW ITS PLANS TO CONSTRUCT A SALT WORKS PLANT AT LAGUNA SAN
IGNACIO IN ORDER TO PRESERVE THE LAST REMAINING BREEDING GROUND IN
THE WORLD FOR THE CALIFORNIA GRAY WHALES AND OTHER ENDANGERED
SPECIES.
WHEREAS, Mitsubishi Corporation, through a subsidiary known as Exportada de Sal, S.A.
(ESSA), plans to build the world's largest salt factory in Mexico's Laguna San
Ignacio; and
WHEREAS, Laguna San Ignacio is the last pristine breeding and calving azea in the entire world
for California Gray Whales as well as home to numerous other diverse species such
as the endangered prong-homed antelope, burrowing owls, sea lions, and black sea
turtles;
WHEREAS, Laguna San Ignacio was designated a whale sanctuary by Mexico in 1976 included
within the El Vizcaino Biosphere Reserve in 1988, and listed by UNESCO as a
World Heritage Site in 1993; and
WHEREAS, The proposed building of the largest salt factory in the world will inevitably cause
toxic contamination, increased noise and ship traffic, altered patterns and other
drastic environmental disturbances which may force mother Gray Whales and their
calves from their last remaining breeding lagoon; and '
WHEREAS, In three years, two major spills of toxic brine from a Mitsubishi saltworks in nearby
Guerrero Negro have killed more than 94 endangered sea turtles;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eureka, hereby
urges the Mitsubishi Corporation to immediately, and permanently withdraw its plans to construct
a saltworks at Laguna San Ignacio.
PASSED, APPROVED AND ADOPTED by the City Council of the. City of Eureka in the
County of Humboldt, State of California, on the 2ND ~y ofNovembe~ 1999 by the following
vote:
AYES: COUNCII.MEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
BSTAIN: HUNTER-MEEKS, MCKELLAR, MILLER, ARKLEY
NONE
GUPTON
COUNCILMEMBERS NONE
x'
RESOLUTION N0.99- c
Page 2
Attest:
thleen L. DeVita, City Clerk
Approved as to Administration:
+~'~
Harvey M. Rose, City Manager
Nancy 1 ,Mayor
Approved as to form:
1.
Brad L. Fuller, City Attorney .
• ~..+~•.1JJJ iY.YO rrrr-;Jar-alto t3t~ll. Ur `JUF'.I(.:U i'i1JM. PAGE 82/02
Rewlution No. 9 9' ~ c 6 9
bated Movetnber 16, 1999
ur~ ~rHt~i
BOARD OF SUPERVISORS
OF THE
COUNTY of SONOMA, STATE of CALIFORNIA
SAVING LAGUNA 3AN IGNACtO
WHEREAS, Mitsubishi Corporation, through an anti;y known as )axportadora de Sal,
5. A.(ESSA), plans to build the world's Ingest salt factory in Mexico's Laguru San lgnuio (LS!), and
WHEIitEA5, Laguna San lgttacio is the last pristine breeding and calving area in the entire
woad for California rJray Whales, and
VIrH1r,REAS, f..aguna San (gnacio was designated a whale sanctuary by Mexieo in 1976,
included within the El Vizcaino Biosphero Reserve in 1988, end listed by UNl;SCO u a World Heritage
Site in 1993, and
WIiI)s~RLAS, tOxia contamination, noise, ship traffic, altered drains@e patterns and other
dlgradatinns this huge fncitihr will bring may force mother wbalee and their cal~eo £*orn !heir a8e_e4d
breeding lagoon, and
WHlSRt1vA5, the permanent flooding of 116 square miles of an area designated as a lJN W orld
N,eriuge. Site and Biosphere Reserve, fs bout illegal according to MerJCan Law and a mockery of
international anviroomentsl protections, and
WHEl,2EAS, thirty fCU'r of the world'c moot diatirxguiahad aeisntiata iaaludin6 nine Nobel
Laureates, have warned of an "unacxeptable risk° to significant biological resources in and around
Laguna San Ignacio, and
WH1EIUrAS, a Mexican-lod international coalition ofover SO concerned environmental
organisations including Gtvpv de los Lien, Union de lirupos Ambientalistas, Centro Mexicano de
Dececho Annbiental, and Consejo Para la Defense de la Costa del Pacifico, together with the International
Farad for Animal Welfare and tl+a Natural ttoaourooa Dcfonsc Counoll, havo formed the coalition to 6avo
Laguna San Ignacio.
THEREFORE, BE IT RESOLVED that the Sonoma County Board of Supervisors join the
Campaign to Save Laguna San !gnacio in requesting that the Mitsubishi Corporation immediately, and
permanently withdraw its plan to construct a saltworl:s at Laguna San !gnacio,
..
y
Y
SUPERVISOR MIKA KERNS
P R SOIL
SUPERVISOR PAUL L KIrL3..EX
SUPERVISOR l.RIIS.E REILLY
c>-za.xRZ~~u,.rr lvzlcr~za,az, s, cAZ.>r
50 ORDERED
~3~-
;.
November 5, 1999
CAMPAIGN TO SAVE LAGUNA SAN IGNACIO
1800 2151 Street, Suite 100
Sacramento, CA 95814
Dear Phil Giarrizzo,
You have brought to our attention that the Mitsubishi Corporation, through an entity known as Exportadora
de Sal, S.A. (ESSA), plans to build the world's largest salt factory in Mexico's Laguna San Ignacio.
Given the facts:
(1) Laguna San Ignacio is the last pristine breeding and calving area in the entire world for California
Gray Whales and that its surroundings are also home to the endangered prong-horned antelope,
burrowing owls, sea lions, black sea turtles, and countless other wildlife;
(2) Laguna San Ignacio was designated a whale sanctuary by Mexico in 1976, included within the El
Vizcaino Biosphere Reserve in 1988, and listed by UNESCO as a World Heritage Site in 1993;
(3) Toxic contamination, noise, ship traffic, altered drainage patterns and other degradations this huge
industrial facility will bring may force mother whales and their calves from their age-old breeding
lagoon;
(4) The permanent flooding of 116 square miles of an area designated as a UN World Heritage Site
and Biosphere Reserve, is both illegal according to Mexican law and a mockery of international
environmental protections;
(5) Thirty-four of the world's most distinguished scientists including nine Nobel Laureates, have
warned of an "unacceptable risk" to significant biological resources in and around Laguna San
Ignacio;
We join the Campaign Save Laguna San Ignacio in requesting that the Mitsubishi Corporation
immediately, and permanently withdraw its plan to construct a saltworks at Laguna San Ignacio.
If Mitsubishi does not announce immediate plans to abandon this project, we will begin action to
discontinue all purchases of Mitsubishi products and services, including but not limited to: Mitsubishi
Corporation (Motors, Electric, Estate Company, Mitsubishi Group, Heavy Industries, International,
Materials, Paper Mill Ltd. Steel Mfg. Co., etc.), Nipon Mitsubishi Oil Corp., Bank of Tokyo Mitsubishi,
Mitsubishi Trust and Banking Corporation, Mitsubishi owned Union Bank, Kirin Beer, Nikon Corp., NYK,
MC Information Systems and Services, Union Bank of California, Tokio Marine and Fire Insurance, Meiji
Life Insurance.
Sincerely,
Culver City Council