This is a Tale of Impunity

This is a tale of impunity… which is continuing and

getting worse day by day. This is the history of a hotel development, which is now trying to be real estate. It’s a tale of disdain and scorn for the environment, arrogance and greed with a high cost in destruction. This is the history of the “Gran Bahia Principe Hotel” in the Riviera Maya, the implacable predator. We are presenting to you, Mr. President, information that we have on hand and that we have been collecting for nine years. We will attempt to condense 9 years of investigation into a precise and clear presentation.

We will include photos to illustrate the obvious.

About the frequent ecocides Grupo Piñero has done, through their Gran Hotel Bahia Principe and their mega development Naj K’aax, under the legal representation of Representaciones Turísticas de Mexico SA de CV. Using local companies as tools for destruction.

Photo 1 1997

Aventuras Akumal 10 years ago.

Akumal means place of turtles in Mayan. It is located 20 miles from Playa del Carmen. Akumal is divided: Half Moon Bay, Akumal Bay, Aventuras Akumal, and Aventuras-DIF.

Photo 2 2004

Aventuras Akumal 3 years ago, being constructed

the first stage of the Bahia Principe’s development. The dune and the mangrove are intact. In the image the dune can be seen on the low part.

Photo 3 26/09/07

Currently being constructed the latest stages of the hotel (we don’t know where they will stop). A clear modification to the coast line can be noticed. The rocky zone (coralina) has been

removed, putting in its place a limey construction material known in the region as

“sascab”,1 covering it with a thin layer of sand.

1 Sascab is a limestone material, which appears under a crust of a carbonate platforms in tropical zones. This landform was submitted to high chemical meteorization like the one that happened on Yucatan’s Peninsula or north of Petén, we will keep on talking about this badly used substance.

Photo 4 14/08/05

Entrance to the Bahia Principe’s Hotel Complex. 3 hotels in one and growing…

Photo 5

Online publicity of H.B.P.

The development has generated a lot of low level jobs, and money for other countries while devastating the local environment. In the photographs it can be seen how the

installations of the hotel have invaded the turtle nesting areas by constructing palapas, sun beds, and piers.

Photo 6 24/04/06

This is a panoramic view of the hotel complex.

New artificial Beaches with no sand base (“sascab”) which makes it impossible for the turtles to nest.

Photo 7

1999

The mangrove of Aventuras Akumal 8 years ago.

Healthy, strong and protective. Today it is buried under the hotel.

Photo 8 2004

The mangrove can be seen on the lower part.

Today the hotel has built over it.

Photo 9 2004

The mangrove is getting locked up between construction and infrastructure of the hotel complex. The size of the mangrove was reduced but it was still alive.

Photo 10 24/04/06

The locked up mangrove is drying up and dying “mysteriously”. No one remembers it. No one? In the middle-right part of the photograph one can see the rest of it.

Photo 11 26/10/05

Right after a Hurricane, Wilma in this case, the mangroves are left without

green leaves … …but can heal

week by week… if we leave them alone. In the image to the right, we show the mangrove of the hotel complex, just a few days after Wilma.

Photo 11B 30/10/05

In the upper photo, is the live mangrove by the side of Aventuras Akumal access road. Today that place is part of the Bahia Principe’s hotel. In the middle photo, as a reference one can see in the

distance the Bahia Principe Akumal complex.

In the lower photo, the mangrove is being filled in by Bahia Principe’s workers to allow construction on this site.

.

Photo 12 24/04/06

Actual aerial view without mangrove. The mangroves are protected by the Mexican law. The 60 TER article and the 99 article of the

general law of wild life prohibit activities that can disturb the natural water flow of the mangrove, of the ecosystem and its zone of influence, its productivity, lifting capacity, reproduction zones, and interaction.

Photo 13 Aug / 05

One of the few beaches left for local Mexican people

is now invaded by sun beds and Bahia’s guests.

Photo 14 Aug / 05

In Mexico there are no private beaches by law, only blocked access roads.

Photo 15 3/09/07

Beach bar in the white sand of DIF’s2 beach. This is only accessible for guests of Bahia Principe (with bracelet, of course).

2 DIF is a public program which helps senior adults and homeless children. DIF’s installations and beaches are intended for public access.

Note 0

Impunity. Local press has brought the problem to public attention. The local and federal authorities have done nothing to solve the problem.

Photo 16 15/07/07

Akumal beaches, and principally the ones to the south (Aventuras Akumal, Aventuras-DIF,

Chemuyil y Xcacel) are the main nesting zones of the Caretta caretta (Loggerhead). and Chelonia mydas (Green Turtle) The nests density is amazing. During July and August you can see the turtles looking for soft sand to dig their nests.

Note I

6/09/07

Impunity. Ecologists have filed reports to the government in an attempt to stop the destruction. No action was taken on these reports. Some local NGO’s receive monetary benefits from Bahia Principe and therefore ignore and cover up Bahia Principe’s violations of Mexican law.

http://www.profepa.gob.mx/PROFEPA/ComunicacionSocial/BoletinesdeMedios/CP+090-07.htm

Photo 17 24/08/07

Turtle nest made the night after Hurricane Dean. Aventuras-DIF’s beach plays a very important part on hatchling recruitment. Hotels built on turtles nesting areas require moving of the natural nests. This causes changes in the turtles population structure. Akeman, R. A. 1996. The Nest Enviroment and the embryonic Development of Sea Turtles.

Photo 18 23/08/07

Turtle tracks made when the hotel machineries were working on the beach

“repairing”. Caretta caretta and Chelonya mydas are endangered species protected by the Mexican law: NOM-059-SEMARNAT-2001.

Photo 19 23/08/07

The heavy machinery (very heavy) works above the turtles. Nesting…Being born… Dying…

Altered habitats cause a decrease in the number of natural nests, increases energy required

by the nesting females, and reduces the number of survivable eggs. NOAA, Nacional Oceanic and Atmospheric Administration

Photo 20 (Map 1)

This graphic shows the areas where the “sascab”

was applied in the nesting areas.

Photo 21 23/08/07

Right after Hurricane Dean heavy trucks depositing the construction material (“sascab”) “It’s really easy to see that the properties of

“sascab” (smashed rocks) are different

from the natural sand properties (made of smashed shells). When somebody fills the beach with sascab it is exposing the turtles to hard conditions and can even kill them” DR. Fernando Alvarez Noguera, Investigator of the Biology center at UNAM

Photo 22 27/10/05

The same history but right alter hurricane

Wilma.

Photo 22ª 27/10/05

The Loss and degradation of nesting areas caused by erosion, devouring,

modification and artificial light is a serious problem attacking the sea turtles and their hatchlings. NOAA, Nacional Oceanic and Atmospheric Administration (from USA). Administración oceánica y atmosférica nacional de Estados Unidos

Note II

It wasn’t a secret, at least locally.

Photo 23 23/08/07

Machinery above sea turtles nests.

“It is proved that sascab is bad for coral, it doesn’t let it breathe, doesn’t let the small fishes grow and, when it‘s too much it doesn’t let light go through the water and kills marine vegetation.” Teacher in Science Rosa Elisa Rodríguez, LUM KANAB

Photo 24 24/08/07

Unmarked nests can be smashed or crushed by heavy machinery works and the turtles may get trapped in the excavations. NOAA, National Oceanic and Atmospheric Administration

Note III

Although the problem became public and

obvious, the local and federal authorities did nothing.

Photo 25 23/08/07

The “sascab” is white like sand, but is much different than sand. For turtles it is impossible to dig

a nest on “sascab”. When “sascab” mixes with water it spreads little particles which attach on the coral and kill it.

Note IV

It looked like something was going to happen.

The hope never dies.

Photo 26 3/09/07

Sign buried on “sascab”. We believed this was the

beginning of something. The beginning of the end.

Photo 27 24/08/07

PROFEPA (the Mexican authority for environmental protection) said that no heavy machinery worked over nesting areas. In the photograph a heavy machine with a long arm is

clearly seen in front of the DIF. Isn’t this

one of the main nesting areas?

Nota V

Report filed in 2005 against the

installation of the geotubes in the hotel`s beach.

Nota VI

Soon all Caribbean beaches will be invaded

with these giant bags.

Note VII

The geo textile tubes are sold to create

beaches in places without one, brutally breaking the environment where these are used. In this case, they even presume the invention of a beach over Bahia’s place, when it is clearly seen in the photo how most

of the reef was buried.

http://www.marenter.com/recuperaplaya.html

Photo 28

2003

The section of beach in front of the Bahia Prinicpe and to the immediate south of the DIF was filled mixing sascab and sand, making this an

“artificial beach”, with totally different properties from the adjacent

beaches. The turtles turned away by the dock, end in this artificial beach, making rounds without finding suitable places for nesting.

Photo 29 8/10/06

These structures may injure the nesting turtles and the hatchlings. A beach with geotubes may cause

the permanent loss of the nesting habitat. Furthermore, they

dissuade the female turtles to reach optimum places for nesting. Magnuson, J.J. et al.(+ 10), 1990. Decline of the sea turtles: causes and prevention.

Photo 30 8/10/07

Artificial seawalls, wave breakers, sand bags and geotextile tubes deny access to high areas of the beach or the dune system limiting the size of the nesting zone. NOAA, National Oceanic and Atmospheric Administration (from USA). Administración oceánica y atmosférica nacional de Estados Unidos.

Photo 31 8/10/06

Nice way to spend a vacation on the

Caribbean, over a giant liver.

Photo 32 8/10/06

Geotextile tubes provoke a change in the water flow and destroy the microhabitat. Furthermore they perturb the nesting site selection, causing hatchling displacement and affecting the area of alimentation. Comité Estatal de Protección, Conservación, Investigación y Manejo de Tortugas Marinas en Quintana Roo. (Quintana Roo’s Protection, conservation, investigation and management of te turtles committee.

Photo 33 8/10/06

Graffiti isn’t just for cities anymore.

Thanks to the introduction of walls in the sea…graffiti finds its way to the ocean.

Photo 34 8/10/06

There are currently no independent, long-term studies of geotextile tubes and their stability in a marine enviorment. Such uncertainties indicate that geotextile tubes remain an

experimental technology. It is an unwise policy to allow installations of uncertain technologies, particularly on beaches supporting endangered species such as sea turtles. The University of Florida Conservation Clinic.

Photo 35 8/10/06

The bad aspect that is given to the ocean is not only for its appearance but for the

damage they cause.

Photo 36 24/08/07

Another issue presenting itself as Geotextile Tubes

could modify nest moisture by causing flooding or reducing drainage since the tube is less permeable than natural sand. Geotextile tubes are supposed to be buried at least 3 feet deep… but turtles can dig over 5 feet deep before starting to lay their eggs. The University of Florida Conservation Clinic (La universidad de Conservación Clínica de Florida)

Photo 37 8/10/06

Deterioration can be seen in the titanic bags. It is common to find pieces

floating along the sea. In the image one of the covers was picked up from the ocean.

Photo 38 8/09/07

After Hurricane Dean this geotube was found

blanketing the reef, 100 meters from the shoreline. WE carefully moved it from the coral reef to the coastline. More than five people were needed to pull the bag out of the ocean. Today Bahia Principe’s geotube rows seem different and smaller.

Photo 39 12/09/06

In the summer of 2006, in front of Bahia Principe, this man was captured on film while he was

discharging an unidentified liquid to the ocean, via an orange corrugated hose, and flowing

from the hotel. The face of the man says more than we can say.

Note VIII

All the media was informed, and given photos. This

was the only article published by one local paper; the other ones chose to be silent.

Photo 40 23/08/07

Multiple green pipes coming from the sea were seen at the Bahia’s beach right alter Hurricane Dean. None of our questions about them were answered.

Photo 41

2006

In the summer of 2006 a

“fountain” appeared in front of Bahia Principe’s beach. A group of workers were sent to solve the problem.

Photo 42

2006

They raised a tube and we took

another photograph. The liquid content becomes obvious when you see the color of this discharge.

Photo 43 03/09/07

A hole was dug a couple of meters from the sea, we

wanted to check the state of the sand but we found something very disturbing…

Photo 44 03/09/07

Just a foot below the surface, a grey and smelly liquid runs.

Photo 45 03/09/07

So we dug another (bigger) hole to expose

what is under the tourists feet.

Foto 46 04/09/07

By the next day the hole became a small lagoon with white sediment floating on the surface, the odor of this liquid was repulsive and vile.

Photo 47 04/09/07

Ignoring the repulsive smell, they had the audacity to put sun beds around the stinky lake. Maybe they are trying make this a new

attraction.

Note IX

This wasn’t the first time we saw this happening.

Photo 48 15/11/06

In this photograph Bahia Principe’s workers are shown while they were pumping black liquid by the

side of the highway. Pollution is spread over the mangrove. Are they trying to kill the mangrove to build over dead trees as they did before?

Photo 50 30/08/07

Sometimes like this one, people appear on blue trucks with the MARENTER logo, and they put

this pipe from the hotel to the beach…

Photo 51 30/08/07

… And they attach it to the underwater one …

Photo 52 30/08/07

… they start to suck sand…

Photo 53 30/08/07

…filling these black sacks with the sand…

Photo 54 30/08/07

…They put the sacks on the back of the truck and as fast as they arrive they leave.

Photo 55 (Mapa 2)

Mega development named “Naj K’aax” which means “new home” in Mayan, includes the expansion of the three hotels (Bahia Principe Akumal, Coba and Tulum) as the creation of a real

estate development with a 27 hole golf course, being built by Grupo Piñero and Robert Trent Jones II, legally represented in Mexico by Representaciones Turisticas de Mexico SA de CV.

Photo 56

Online publicity of H.B.P.

¿Caribbean? ¿Mayan? ¿Mexican? ¿Natural?

Photo 57 (Map 3)

Aktun Chen system. All rivers in the Yucatán Peninsula run underground. The coast line known as the Riviera Maya is called the Himalaya of Underground Rivers. In this zone there are over 700 kilometers of water-filled underground explored cave and cavern systems and is estimated that we know only 10% of what we

have. The 15 biggest systems of the world are here in the Riviera Maya.

Photo 58 15/07/04

During the glacial eras, the last around 10 thousand years ago, even the lowest part of the river systems stayed dry. All the levels of water in the planet descended considerably. During these periods

decoration of our beautiful and unique caves took place. Today these cave systems are flooded.

Photo 59

In this beautiful ecosystem lives a small and

fantastic creature commonly called ¨Blind fish¨ (Typhliasina pearsel). This rare species of primitive fish without eyes is not only a

Endemic to the region, but is considered in danger of extinction.

Photo 60 23/03/07

Thousands of years ago, the underground rivers of the Yucatan Peninsula suffered collapses or breakdowns in some areas of the ceilings. These collapses are known as

“cenotes”. In the images you will see the cenotes that are found

in the zone where they are building a golf course for Bahia Principe.

photo 61 (Map 3) As shown in this map, Bahia Principe is building its golf course on top of the underground river system

known as Aktun Chen.

Photo 62 23/03/07

The impacts that will be dealt to the vegetation are clearly adverse given to imply the loss of all type of vegetation. These are direct impacts of…

permanent duration, the effects are

irreversible with low probabilities to

recuperate. Text taken from the impact study that Bahia Principe presented to the Mexican government states nothing can have permanent damage and/or a low probability to recuperate.

Photo 63 23/03/07

The zone is the natural habitat of animals like the coati (Nassau larica yucatanica), the panther Herpailurus yagouaroundi), the green iguana (Iguana iguana), the striped iguana (Ctenosaura similis) and the crocodile (Crocodylus moreletii) among many others, all of these are considered

endangered and protected by the NOM-SEMARNAT-059-2001.

Photo 63B

All the Riviera Maya is formed by

limestone layers and its geography is flat. Therefore the water filtration to the underground rivers happens quickly.

The water in these underground rivers run as fast as rivers on the surface, carrying with it the food from the mangrove to the reef.

Photo 64 23/03/07

A golf course needs 5 tons of chemicals per year for its upkeep. Because of the unique properties of this zone the chemicals will do

irreversible damage to the reef. Furthermore the construction of the development kills the principal feeder of the reef.

Photo 65 23/03/07

The official program of ecological territorial management of the region called “Corridor

Cancun – Tulum” with date on June of 2006 in its article El 43, states

golf courses are prohibited. The properties of this zone are not suitable for golf courses.

Photo 66 23/03/07

Golf courses need the usage of chemical compounds such as the MSMA, the Oryzalin, the Dicamba, the Chlorothalonil among many others, to form even level greens for the course and to control weeds and and/or plagues. The official program of ecological territorial management of the region called “Corredor Cancun – Tulum” in its article FF 18

states the chemical compound usage for the control of weeds or plagues is prohibited.

Photo 67 23/03/07

A high amount of artificial chemicals are injected into the environment with the usage of pesticides (fungicides, herbicides and insecticides). They have the potential to perturb the endocrine system of animals, including humans. These are persistent substances, bioaccumulative and body halogenous PAN, pesticides database

Photo 68 23/03/07

The arecaceae (Thrinax radiata), the bignoniaceae (Tabebuia chrysantha), the combretaceae (Conocarpus erecta), the rhizophoraceae (Rhizophora mangle) and the verbenaceae (Avicennia germinans) are endangered plant species

found in the zone. These are protected under the NOM-059-SEMARNAT-2001. Could this mountain of mulch contain any of the above?????

Photo 69 23/03/07

8400 cubic meters of water3 are necessary to

maintain a 27 hole golf course. In the state of Quintana Roo a critical water situation can be expected by the year 2025.

3 A 18 hole golf course uses 5600 cubic meters of water per day.

Photo 70 23/03/07

In the official program of ecological territorial management of the region called “Corredor Cancun – Tulum” in the article FF 18 the usage of chemical compounds for the control of weeds is prohibited. In the photograph the machine

debilitates the mangrove by pumping chemicals on it. They must kill the

mangrove to build over it.

Photo 71 23/03/07

The phosphorus and the nitrogen in the fertilizers

quickly leaks through the ground reaching the underground rivers and cave systems. This abnormally high content of nutrients in the water stimulates the fast growing of sea weed covering and killing the coral reef. Aikido Takeda, May 1996, “Golf courses on Japan and deforestation”

Photo 71B 23/08/07

In the authorization granted by the Federal Delegation of the Secretary of Environment and Resources in the State of Quintana Roo the

conditions the Hotel Group to follow 17 terms and 25 conditions, in order to be able to carry out the development of Naj K'aax and the extension of the Bahia Principe’s hotels. In this photo, one of the trucks was photographed at the beach depositing sascab without the corresponding permissions as PROFEPA requires. This truck has the logo of the company in charge of the construction of the golf course… This is a clear violation to third term of the authorization.

Photo 72 23/03/07

The creation of artificial lakes is not mentioned in the First Term, which

specifies the works authorized for mega development of Naj K'aax.

Photo 73 23/03/07

In the Tenth Term of the authorization granted to the development it states: All the acts will be null of right plenary session that take place in

disobedience to the arranged in the present authorization. Of such effect, the

breach on the part of the developer to any one of the Terms and/or conditions established in this authorization will invalidate the reach of the present notwithstanding the application of the sanctions anticipated in the orderings that are applicable.

And in the Thirteenth Term it is mentioned: In case the works and activities authorized put at risk or cause affectations that alter

the behavior of the biotic resources and/or some type of affectation, damage or deterioration on present

non-biotic elements in the estate of the project, as well as in its area of influence, the secretary will be able to demand the suspension of works and activities authorized for the same, as well as the instrumentation of compensation programs, besides some of the anticipated safety measures in article 170 of the LGEEPA.

Photo 74 25/08/07

Mr. President Felipe Calderon, we respectfully request your protection. You have in your hands proof of the abuse that has been carried out and continues to be by this hotel group. We have tried to expose and publish the violations… however, we have received no positive action by the government…. A stop to the ecocides is necessary before we lose our valuable natural resource Please realize this is only one history of impunity with so many more to be concerned with in the beautiful Riviera Maya. We hope the citizens of Mexico and the Government can work together to protect our valuable resources for the enjoyment of all future generations, including our mainstay….the tourist industry.

In this photograph, the judicial police, after listening to the declaration

on the aggressions to Robert Nelson by elements of security of the Bahia Principe in the Zofemat Beach Zone, left the room to change his

shirt for a new shirt of the “Gran Hotel Bahia Principe”. In the photograph he holds the T607/2007 declaration. For these reasons we

requested protection for us and our families.

Photo 75 30/09/07

And History not yet finished.... In the photo a mud with properties foreign to this region is exposed. Underneath this original earth is a buried mangrove swamp.

Photo 76 30/09/07

Handcut Mangrove swamp in a supposed area of ecological conservation of the golf course.

This text was made by S.A.V.E a nonlucrative organization located in Akumal.

By his abbreviations S.A.V.E it means Society of Akumal Vital Ecology.

In his nine years S.A.V.E. has avoided the construction over mangrove swamps in Puerto Morelos (case Omni Hotel), Pushed the

creation of the natural reserve in Xcacel-Xcelito, guarded and released hundreds of marine turtle nests, realized camping’s for cleaning and conservation of beaches, participated in the environmental education

with visits to schools and realized camping’s of education on the marine turtle.

Book, Photograph’s and Videos By:

Nancy DeRosa Yibran Aragon

Luis Leal Juan Pablo Montoya

Robert Nelson

Saving the Ecology for future generations.

Nancy DeRosa S.A.V.E.

Lot 35, 36, 37 Aventuras Akumal 77760 Mexico

www.saverivieramaya.org cenotes@prodigy.net.mx

+ (52)984-87-59204 + (52)984-87-59021 fax

Lada sin costo in Mexico 01-800-509-4376 TOLL FREE in States 1-866-619-9050