Presidential Decree
Diario Oficial
Thursday 9th of October, 1986
MINISTRY OF URBAN DEVELOPMENT AND
ECOLOGY
(SEDUE)
Decree that for reasons of social interest and public order, 16,110-14-50 ha, located in the indicated municipalities, belonging to the States of Mexico and Michoacan, are declared protected natural areas for the purpose of migration, overwintering and reproduction of the Monarch butterfly, together with the conservation of its environmental conditions.
MIGUEL DE LA MADRID H., CONSTITUTIONAL PRESIDENT OF THE UNITED STATES OF MEXICO IN THE EXERCISE OF THE FACULTY BESTOWED ON ME BY THE ARTICLE 39 OF THE POLITICAL CONSTITUTION OF THE UNITED STATES OF MEXICO, ...(a listing of the law numbers pertaining to the Mexican law follows and can be found in the original decree, p.33) ..., AND FRACTION I OF THE ORGANIC LAW OF THE FEDERAL PUBLIC ADMINISTRATION; AND
C O N S I D E R I N G
Whereas by the decree of the Federal Executive dated 30th of May of 1983, published in the Diario Oficial of the Federation the 31st of the same month and year, the National Plan of Development 1983 -1988 was approved, which indicates the guidelines in the area of ecology, considering a priority to establish preventive measures to regulate the integral and rational use of the renewable natural resources, and to carry out actions leading towards the conservation and enrichment of the fore mentioned resources which belong to the Heritage of the nation.
Whereas the fore mentioned National Plan of Development has among its objectives: to promote the conservation of the representative ecosystems of the diverse regions throughout the country, the fragility of which makes them prone to disturbance due to human activities; to conserve its natural beauties; to lay down rules and rationalise the productive activities; and to carry out basic and applied research primarily in the field of ecology and in the management of natural resources.
Whereas by the decree of the Federal Executive dated 21st of August of 1984, published in the Diario Oficial of the Federation the 26th of September of the same year, in fulfilment of the National Plan of Development 1983 -1988, the National Program of Ecology 1984 - 1988 was approved, and includes the relative to the National System of Protected Natural Areas for the conservation, preservation and display of the natural resources of the country with potential use, in support of the socio-economic development of the population, and for the regulation of their integral and rational use.
Whereas such a Program establishes among its strategy guidelines the carrying-out of actions leading towards the conservation and enrichment of the natural resources of the protected areas, through programs of species recovery and preservation, as is the case with the "Monarch" butterfly.
Whereas the more important Executive policy guidelines under my custody in the management of the protected natural areas are among other: to preserve the diversity and ecological equilibrium of both animal and plant species, particularly the rare ones, the especially beautiful, the endemic, threatened or in danger of extinction, within their natural ecosystems; to safeguard genetically the evolutionary species diversity and constitute the protected areas into centers for research.
Whereas through the decree of the Federal Executive dated 25th of March of 1980, published in the Diario Oficial of the Federation the 9th of April of the same year, for reasons of public benefit, it was established as a zone of wildlife reserve and shelter the areas where the butterfly known with the name of "Monarch", migrates, overwinters, and reproduces, in the same way it was decreed for all the national territory and for indefinite time a hunting and capture ban, including the use of its products and wastes.
Whereas the Ministry of Urban Development and Ecology (SEDUE), in coordination with the Ministry of Agriculture and Water Resources (SARH), carried out the studies and research on the areas required for the protection, improvement, conservation and restoration of the environmental conditions favorable for the migration, overwintering and reproduction of the "Monarch", and proposed to the Executive under my responsibility to issue a decree which declares the location, size and characteristics of the areas that need to be protected precisely because the fore mentioned butterfly migrates, overwinters and reproduces in those areas.
Whereas according to the studies and research referred to in the previous statement, the areas known as Sierra Chincua, Sierra El Campanario, Cerros Huacal, Chivati, Pelon and Altamirano, located in the Municipalities of Ocampo, Angangueo, Zitacuaro and Contepec, within the State of Michoacan, and Donato Guerra, Villa de Allende and Temascalcingo, within the State of Mexico, are the main places where the butterfly known with the name of "Monarca", migrates, overwinters and reproduces, and that these areas harbour also plant and animal species of importance, hence require to be conserved and rationally used.
Whereas in those areas the core zones and buffer zones can be recognized. The former are territories which constitute the indispensable habitat for the permanence of the migratory phenomenon of the "Monarch" butterfly together with the genetic pool of the diverse species which also occur there, and in which the only allowed activity is that of research, it therefore follows to decree a total and indefinite ban to the exploitation of the forest and to the use of the flora in general and of the wildlife. The second are those designed to protect the core zones from outside impacts, and in which productive economic activities may be carried out, within the ecological norms geared towards the protection of the environment in which the migratory phenomenon of the "Monarch" butterfly takes place, in accordance with the results of the research pertaining to the rational and sustainable use of the natural resources, in this latter zones, the ban set upon the use of the forest and wildlife will be of temporary nature.
Whereas the studies and research referred to in the fore mentioned paragraphs and the following declaration of the protected natural areas in which the "Monarch" butterfly migrates, overwinters and reproduces, are of the knowledge of and have deserved the approval from the governments of the States of Mexico and Michoacan, and of the municipalities of Donato Guerra, Villa de Allende and Temascalcingo within the State of Mexico and Ocampo, Angangueo, Zitacuaro and Contepec within the State of Michoacan.
Whereas from the studies and research referred earlier in the seventh statement, it was determined that in order to declare the areas that need to be protected because the "Monarch" butterfly migrates, overwinters and reproduces in them, it is necessary a total surface of 16,110-14-50 ha; composed by the core zones with a surface of 4,490-61-00 ha, and buffer zones with a surface of 11,619-53-50 ha, being the analytic topographical description as follows:
(Note of translator: the detailed description by coordinates of the polygons involving the core and buffer zones for each and all five reserves was omitted here for the sake of parsimony, please refer to the original document.)
Whereas the Federal Executive has the legal faculties to issue this Decree, which declares the location, size and characteristics of the protected natural areas, for the purposes of the migration, overwintering and reproduction of the "Monarch" butterfly together with the conservation of its environmental conditions.
Given the above mentioned, I have decided to issue the following:
D E C R E E
FIRST ARTICLE.- For reasons of public order and social interest, 16,110-14-50 ha of natural areas, located in the Municipalities of Ocampo, Angangueo, Zitacuaro, and Contepec within the State of Michoacan and in the Municipalities of Donato Guerra, Villa de Allende and Temascalcingo within the State of Mexico, whose analytical topographic descriptions are specified in this ordinance, are declared protected for the migration, overwintering and reproduction of the "Monarch" butterfly, together with the conservation of its environmental conditions.
Within the above mentioned protected natural areas, the following surfaces are established as core zones: 1060-01-50 ha; 900-58-00 ha; 940-24-00 h;, 657-70-62.5 ha and 687-43-37.5 ha; and 244-63-50 ha; and as buffer zones: 1635-86-50 ha, 988-88-50 ha, 1074-38-00 ha, 6787-33-50 ha and 1133-07-00 ha, the limits of which have been specified in the statements of this Decree.
Note of translator: the figures offered above correspond to Chincua, Campanario, Chivatí-Huacal, Pelón (with two core areas), and Altamirano, respectively.
SECOND ARTICLE.- The exercise of the actions conducive to condition, conserve, develop and the surveillance of the protected natural areas for the migration, overwintering and reproduction of the "Monarch" butterfly is under the responsibility of the Ministry of Urban Development and Ecology (SEDUE), which may establish agreements of coordination with other dependencies or federal entities, with the Governments of the States of Mexico and Michoacan and with the Municipalities of Ocampo, Angangueo, Zitacuaro, Contepec, Donato Guerra, Villa de Allende and Temascalcingo, and of orchestration and persuasion with the social and private sectors, which will deal with:
The agreement of the ecology programs and policies of the federal government with those pertaining to the States and Municipalities, and the way in which the latter will participate in the carrying out of the aims concerning this decree.
The carrying out of the Integral Program of Development for the natural areas protected by this Decree.
The assignment of financial resources in order to carry out the program mentioned in the previous item.
THIRD ARTICLE.- The Integral Program of Development for the natural areas protected for the migration, overwintering and reproduction of the "Monarch" butterfly, will have to include at least:
The description and analysis of their physical, social biological and cultural characteristics;
The actions to be carried out within the framework of the National System of Democratic Planning; and
The technical norms applicable for the development and management of the natural areas protected by this Decree.
FOURTH ARTICLE.- The Ministry of Urban Development and Ecology (SEDUE) shall not authorize the carrying out of public or private works within the core zones of the natural areas protected for the migration, overwintering and reproduction of the "Monarch" butterfly, if they could affect at any time the purposes of this Decree.
The projects for public or private works aimed to be carried out within the areas considered as buffer zones and which may lead to environmental damage, shall be presented to the Ministry of Urban Development and Ecology for its study, and if necessary for their approval, modification or rejection. Under no circumstances any work project will be authorized if it affects the minimum conditions required for the migration, overwintering and reproduction of the "Monarch" butterfly.
FIFTH ARTICLE.- The Federal Public Dependencies and Entities which may exercise actions or investments in the areas considered by this Decree, will have to follow its provisions, and the Ministry of Finance (SPP) shall not authorize any budget aimed for programs or activities which may infringe it.
SIXTH ARTICLE.- The Federal Public Dependencies and Entities which because of their capacity have to develop actions in the protected natural areas, will do this in accordance with the aims and purposes of this Decree.
SEVENTH ARTICLE.- The Ministry of Urban Development and Ecology will take the necessary provisions to avoid that polluting agents or factors affect the "habitat" of the "Monarch" butterfly, and will establish the criteria which will lay down the rules for the scientific and technical research in the areas subject to protection.
EIGHTH ARTICLE.- It is hereby decreed a total and indefinite ban concerning the exploitation of the forest and the use of the wild plants at the core zones.
NINTH ARTICLE.- It is hereby declared the zone of reserve and refuge for the "Monarch" butterfly, and a total and indefinite ban to the use and exploitation of wildlife in the core zones.
TENTH ARTICLE.- It is hereby established for all the national territory a total and indefinite ban concerning the hunting and capture of the "Monarch" butterfly.
ELEVENTH ARTICLE.- In the buffer zones, a temporary ban will be established for the use of the forest, the flora in general and of the wildlife, this being necessary to ensure the effective protection of the land, the watersheds, the water cycles and in general the conservation of the above mentioned natural resources related to the protection of the migration, overwintering and reproduction of the "Monarch" butterfly.
TWELFTH ARTICLE.- The use of water in the totality of the areas affected by this decree will be limited for domestic use and for agricultural irrigation schemes that shall be required by the inhabitants of the region.
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