México
In late 2021, Oceana Mexico filed a lawsuit alleging that the Mexican Congress had failed to create effective general regulations for the restoration or recovery of depleted or overexploited fish species. The lawsuit argued that the General Law on Sustainable Fisheries and Aquaculture was ineffective.
The amparo lawsuit challenged the regulatory system of the General Law of Sustainable Fishing and Aquaculture, both in general, and in certain articles and provisions thereof, under the consideration that it does not guarantee the restoration and recovery of overexploited fish species.
The injunction did not dispute the proper or improper actions of the government authorities of the executive branch in fisheries matters since, in line with what was stated, it was argued that there was no humane and legal way to grant a recovery and restoration of the overexploited fish species in light of the instruments and mechanisms provided for by national legislation; thus, it was pointed out that it violates the human rights to food and a healthy environment, as well as international commitments on climate change and the Escazú Agreement.
In January 2023, the matter was resolved at first instance, dismissing the case. Dissatisfied with this ruling, the complainant filed an appeal, which was assigned to the Twenty-First Collegiate Court for Administrative Matters of the First Circuit and admitted in March 2023. The case was sent in 2024 to the First Chamber of the Supreme Court of Justice of the Nation.
Finally, on February 19, 2025, the SCJN resolved that the General Law of Sustainable Fisheries and Aquaculture does contemplate effective instruments and mechanisms aimed at restoring or recovering deteriorated or overexploited fisheries, reaffirming that its content is Constitutional .
The Office in Mexico of the United Nations High Commissioner for Human Rights issued an opinion (not public) on this case.
Fisheries are highly vulnerable to climate change due to its effects on marine ecosystems and the availability of fishery resources. This has both environmental and socioeconomic impacts, including:
b) Environmental impacts
Rising ocean temperature
Ocean acidification
Changes in ocean currents and extreme phenomena
Decreased oxygen in the water
Loss of biodiversity and collapse of fisheries
b) Socioeconomic impacts
Loss of income and jobs
Increased operating costs
Conflicts over small resources
Impact on food security
Greater vulnerability of fishing communities
Impact on the local culture and traditions of indigenous communities.
Oceana
Congress of the Union - in its two chambers, the Senate of the Republic and the Chamber of Deputies -
To the President of the Republic
According to official data , Mexico has more than 11,000 kilometers of coastline where fishing activity takes place, which places the country in 17th position in fish production in the world; Between 1.5 and 2 million tons of fish products are caught annually, among which sardines, shrimp, tilapia and tuna stand out; It also has 12% of the world's biodiversity and 2,000 endemic species inhabit Mexican seas.
Currently, 63% of fish stocks are at biologically sustainable levels, 2.3% less than in 2019; while stocks at unsustainable levels of exploitation reached 37.7% in 2021, representing a gradual increase in the unsustainability of fish stocks. In the Atlantic Ocean and Caribbean region of Latin America, approximately 41.6% of stocks are unsustainable, while in the Pacific region, the percentage rises to 66.7%. In Mexico, 43% of fish species are overexploited, degraded, or at risk of extinction.
National standards
Political Constitution
General Law of Sustainable Fisheries and Aquaculture in general, and in particular its articles 4 sections XXXIV, XXXV and XLI, 17 sections III and VII, 26, 27, 33 section III and 149. 2.
International Agreements
Escazú Agreement