. /.WORLD TRADE
ORGANIZATIONG/SPS/N/MEX/183
15 April 2002
(02-2039)
Committee on Sanitary and Phytosanitary Measures Original:  Spanish
NOTIFICATION OF EMERGENCY MEASURES
1. Member to Agreement notifying:  MEXICO
If applicable, name of local government involved:
2. Agency responsible:  Ministry for the Environment and Natural Resources
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers may be provided in addition, where
applicable). Regions or countries likely to be affected, to the extent relevant or
practicable:  Animal protection
4. Title and number of pages of the notified document:  Mexican Official Emergency
Standard NOM-EM-136-ECOL-2002, Environmental Protection – Specifications for the
Preservation of Marine Mammals in Captivity (28 pages)
5. Description of content:  Establishes specifications to guarantee the welfare of marine
mammals in captivity and to regulate all activities undertaken with regard to said species as
concerns dignified and respectful treatment of wildlife.  This Standard is generally
applicable throughout the national territory and binding on all physical and legal persons
who lawfully own or possess marine mammals in captivity.
6. Objective and rationale:  [     ] food safety,  [  X ] animal health,  [     ] plant protection,
[    ] protect humans from animal/plant pest or disease,  [     ] protect territory from
other damage from pests           
7. Nature of the urgent problem(s):  In conjunction with sub-paragraph I of the Law on
Metrology and Standardization, Article 48  contemplates the promulgation of Mexican
emergency official standards when ecosystems and natural resources are facing immediate
risk.  Mexico's accession to various international treaties and agreements for the protection
of dolphins and marine mammals commits us as a country to ensure the survival of the
populations that live in or migrate to our waters.  The General Law on Wildlife wasamended by a decree published in the Official Journal of the Federation on
10 January 2002.  That amendment prohibits the capture of marine mammals except for the
purposes of scientific research and higher education in accredited institutions.  It is therefore
necessary to enact a new Mexican Emergency Official Standard in line with the provisions
of the amendment and which establishes specifications for preserving those examples of
these wildlife species that are in captivity. It is deemed to be of the highest importance to
regulate the preservation of such species in captivity, considering that Mexican EmergencyOfficial Standard NOM-EM-SEMARNATI-2001 ceased to be applicable and was not
extended since it had been decided to prohibit all capture of marine mammals when it was
decided to initiate the amendment, which later became the Decree amending various
provisions of the General Law on Wildlife.G/SPS/N/MEX/183
Page 2
7. Nature of the urgent problem(s):  (cont'd)
Dolphins are classified as a species subject to special protection, as emerges from
the text of Mexican Official Standard NOM-059-ECOL-2001, Environmental Protection –
Species of Wildlife Flora and Fauna Native to Mexico – Risk Categories and Specificationsfor their Inclusion, Exclusion or Amendment – List of Species at Risk, published in the
Official Journal of the Federation on 6 March 2002.  This therefore fully justifies the
promulgation of specific emergency regulations for their proper protection. It is necessary to
protect marine mammals in captivity by laying down provisions for their dignified and
respectful treatment in order to avoid or minimize the tension, suffering, trauma and pain to
which such individuals are subject, for which purpose the following Mexican Emergency
Official Standard NOM-EM-136-ECOL-2002, Environmental Protection – Specificationsfor the Preservation of Marine Mammals in Captivity has been issued.
8. An international standard, guideline or recommendation does not exist [     ].  If an
international standard, guideline or recom mendation exists, give its appropriate
reference and briefly identify deviations:
Convention on International Trade in Endangered Species of Wild Fauna and Flora,
published in the Official Journal of the Federation on 6 March 1992.
Convention on Biological Diversity, publ ished in the Official Journal of the
Federation on 7 May 1993
Agreement on the International Dolphin Conservation Programme, published in the
Official Journal of the Federation on 10 November 1933.
Protocol to the International Convention for the Regulation of Whaling of
2 December  1946, published in the Official Journal of the Federation on 9 April 1959.
Membership of Mexico in the International Whaling Commission in 1949.
9. Relevant documents and language(s) in which these are available:  Official Journal of
the Federation of 1 April 2002 (available in Spanish)
10. Date of entry into force/period of application (as applicable):  This Standard will take
effect on the day following its publication in the Official Journal of the Federation
(2 April 2002)
11. Texts available from/and agency or authority designated to handle comments:
[ X ] National notification authority, [     ] National enquiry point or address, fax
number and E-mail address (if available) of other body:
WEB:  www.economia-normas.gob.mx (Catalogue of Standards)