Recreational fishermen will no longer be allowed to cast their fly rods and nets in rivers, reservoirs, ponds and open ocean, after Colombia’s Supreme Court declared sports fishing unconstitutional. The decision to outlaw an activity that lures amateurs and professional recreationists to many of Colombia remote rivers, high altitude lagoons, reservoirs and expense of oceans, is grounded in a legal assumption that fish, like other species, are sentient beings, and therefore, must be protected against animal cruelty.
“Although there is no consensus as to whether fish are sentient beings, the truth is that by virtue of the precautionary principle, even in the absence of scientific certainty, when there are elements that preliminarily demonstrate the risk of damage to the environment (…), the intervention of the State is necessary,” reads the high court’s ruling.
The court further argues that sport fishing “violates the principles of environmental protection and animal welfare,” and results in the “deterioration of the nation’s hydrobiological resources.” The decision by magistrates to give precautionary protection to fish comes less than three months after the same nine magistrates voted to decriminalize abortion up to 24 weeks in a pregnancy, and decision that has angered pro-life activists.
Until the tribunal’s February 22 ruling, women in Colombia were allowed to abort when there was a risk to the life or health of the pregnant mother; proof of fetal malformations, or a pregnancy caused by rape or incest.
The six-month abortion timeline specified by the court, even for many pro-abortion advocates, is considered excessive and criminal given that babies can survive in an incubator if born after a 24-week pregnancy. The decision faced criticism from many politicians, including President Iván Duque, and former conservative president Álvaro Uribe, who in a rare confession on social media admitted that one of his two children was born prematurely.
“I am very sad with the court’s sentence. I have a son who was born after six months, we had to take care of him, but he was born perfect and is fine. Every day six-month-old children are born, even 5-month-olds. It seems to me, that this ruling offends a high percentage of compatriots. I am very sad,” said Uribe.
At a time in which Colombia introduces one of the most liberal abortion laws in South America, the U.S Supreme Court is preparing to overturn nearly 50-years of legal abortion access with Roe vs. Wade. Should this landmark case be overruled, as a leak of a draft opinion suggests, the health and welfare of millions of women in the U.S will be affected, regardless of where they stand on this contentious issue.
As the abortion debate rages in the U.S, in Colombia, the court’s ruling has consolidated the ideological ranks of the country’s presidential candidates, and issue, also at the forefront of public opinion.
The precautionary principle to add fish to a list of species protected from animal cruelty affects many communities that depend of recreational fishing as a source of revenue, especially in regions that have opened up to ecotourism since the signing of the 2016 peace accord with FARC. Many of the regions that attract recreational fishermen were once under control of the guerrilla, and include the departments of Vichada, Guaviare, Meta and Caquetá.
“We were beginning to recover from the pandemic with the arrival of skilled adventurers, the majority flying in from Bogotá in chartered aircraft and hiring guides to take them fishing in our pristine canyons and lagoons,” remarks Sergio Torres, a guide in La Uribe, Meta. “They spend good money to catch large fish, and are very environmentally aware,” he said.
Closer to Bogotá, the court’s ruling affects sailing clubs and boat rental companies that depend on weekend fishing outings to generate income and operate in the popular destinations of Laguna de Tota (Boyacá), Neusa, Sisga reservoir and El Prado (Tolima). “After the high-fliers spend their money here, taking a mature catfish out of a river to be eaten isn’t going to change the balance of nature,” believes Torres.
Several fishing associations, including the Association of Sports Fishermen of Colombia (Colpescar), are stunned by the court’s decision and say they may appeal the decision. “It seems there is an overreach, even ignorance about fishing itself,” believes Albeiro González, president of the Caldense Fishing League. “The chickens that we consume in a restaurant are also sentient beings, so does this mean that the law will be extended to more prohibitions such as eating chicken or beef?” said Bedoya.
The only good thing about all this is that we do sportfishing charters in Cabo san Lucas and not in Colombia! but if that ever happens down here we will be screw since sport fishing is one if not the biggest industry that provides for many down here in Cabo.
For sportfishing trips in Cabo San Lucas contact us at tagsportfishing@gmail.com or click on the link fishing in Cabo.