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PROCESS FORMULATION

GENERAL LAW OF WATER

First Report of Advance

Contract of Consultancy Not. 023 of March 24, 2004.

Biol. Sea. Pedro Arenas Granados M.Sc. M.MAD.

National consultant specialist in marine water and coastal zones for technical aid and water regulation proposals formulation and

preparation of a general government bill of water

Bogota. D.C. May 10 of 2004.

Primer Informe de Avance. Contrato ACCI-023/04

BOARD OF CONTENTS

1. GENERALITIES

2. THE INTERNATIONAL FRAMEWORK AND REGIONAL

3. THE NATIONAL FRAMEWORK

4. THE GENERAL LAW OF WATER AND THE COASTAL AND MARINE WATER IN COLOMBIA

5. REFERENCES BIBLIOGRAPHICAL

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1. GENERALITIES

The ocean constitutes essential component of the biosfera and as such, is sostenedor of life, regulator of the climate, producer of food, supplier of valuable resources, efficient middle of transportation and of exchange of goods and services. Therefore, it corresponds to the States to watch for the protectionand the good use of its respective spaces oceánicos and resources, since it constitutes a decisive factor to satisfy its needs associate- economic, essential aspect for its development, stability and security.

Today,given the importantchanges occurred in the world agenda, theocean has become element central of thepolitics of the States that have the privilege to possess spaces oceánicos And adjacent coasts to them, as is the case of Colombia with coasts in the Caribbean Sea and in the Peaceful Ocean, even when sadly has always been a country of Andean mentality with little maritime conscience.

The spaces oceánicos of Colombia are calculated in approximately 928.600 Km2, What it represents near the 82% of the continental surface of the country. Besides, it possesses 1300 Km of seaboard in the Pacific and 1600 Km in the Caribbean. They nevertheless are the main and final receiver of the contamination as product of the human activities that takes place land inside. Near a 90% of the contaminants is transported for the rivers to the sea. As a result of it so much critical ecosystems of highly productivity as reefs coralinos and manglares are altered, as also a progressive deterioration of the same quality of its water, fundamental backup for activities of private socioeconomic importance in the country as the tourism of sun and beach, the ecoturismo, the craft and industrial fishing and the acuicultura from among other.

The environmental impacts in the Caribbean coast are not very encouraging, if is considered that the housing development, contributes near 800.000 annual tons of sedimentos to the basin of the river Mary magdalene, and pours a load Contaminant (measure as DQO) of 50.000 tons to the year, and combined with the processes of erosion, approximately the river unloads annually 275 million tons of sedimentos.

In this region, the annual average of the use of fertilizers has been of 55 kg. /to should cultivation and in 1989 of 90 kg. /there is cultivation, being generated, by the contribute of nutrientes, phenomena of eutroficación by its continuous discharge in systems closed (proliferation of algas, changes in the structure of the communities, decrease biodiversidad, mortandad of fish, exhaustion of the oxygen disuelto).

On the other hand, the annual average of use of plaguicidas was among 1974 and 1977 of 19.344 metric tons, and among 1982 - 1984 of 16.100 metric tons, being generated impacts by the affectation of species done not select as objective and, consequently, contamination of food by its high toxicity and

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bioacumulación in the biota marine-coastal. These tendencies were increased still but in the decade of the years 90.

The loads originating from domestic residual water are translated in 26.300 ton/year of DBO, 42.120 ton/year of SST, 7.118 ton/year of NT, 986 ton/year of PT, and 620 ton/year of greases and oils. The discharges originating fromindustrial sources represent 14.693 Ton/Year of DBO, 23.738 ton/year of SST, 4.300 ton/year of NT, 2.100 of PT, 1.693 ton/year of derived from the petroleum and greases, and the presence of heavy metals is detected mercury, chromium, etc.)

According to recent studies carried out by different companies is considered that, in the zone of the Peaceful seaboard, the discharge of solids in suspension elevates to 4.400 ton. /day as product of the activities of the existing population in that region. At the same time the economic activities contribute to the ecosystem near 84.000 fuels residues gallons/year and more than 27 million tons/year of solids, through sources of water.

For 1995, the discharges of domestic origin, in the Pacific Colombian elevate to 52 million m3/year, and generate a DBO5 Of 7.280 tons, what represents annual increase of 1.320 ton/year with respect to 1989.

With respect to the residual water of industrial origin, the Pacific Colombian generates 0.65 million m3 that correspond to 48 thousand annual tons of DBO5. The total of the organic load associate to the vertimientos municipal in terms of DBO5, Is on the order of 10.672.406 Ton/Year.

The industrial sector in Buenaventura in domestic discharges throws to the Pacific an annual volume of 2.258 m3, with an associated load in DBO5 Of 6.572.4 Ton/Year for 1995.

Considering thecoastal population in 369.617 inhabitants (DANE, 1993), that has access to no service of water, alcantarillado, and technical disposition of solid residues, and excepting to Buenaventura and to Tumaco, the vertimientos municipal to 1995 elevate to 26.982.041 m3/year; a discharge of organic matter measure as DBO5 Of 2.550.357 Ton/Year; 5.913.872 Ton/Year of DQO; solid suspended that they elevate to 5.913.872 Ton/Year; contribute of Match of 147.846.8 Ton/Year and of Nitrogen of 1.219.738 Ton/Year.

But contribute them contaminants through the rivers, presented to here in a synthetic way, not alone affect the national territory. Contribute them of the river Mary magdalene for example, drag according to the Environmental Program of the Caribbean of the PNUMA (1998), the greater load of waste originating in sources domesticate terrestrial in all the south region of the Great Caribbean.

The control and effective prevention of this serious deterioration, with multiple ecological and socioeconomic, so much internal as external repercussions, depends in great measure of the development and application of an integral

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regulatory nature, settled in the territory, based on the analysis of the subsequent processes of appropriation and use of the floors and of the sources of water in the Nation. Of the importance in the recognition of the coastal and marine component of a general project of water for Colombia, rests in an important way to reach the objective of the National Governmentto integrate the ocean and the coastal and insular spaces to the national development.

2. THE INTERNATIONAL FRAMEWORK

The express train and intensive boss of development during the first decades of the century XX had as a result diverse effects on the natural resources and the environment. The intense environmental contamination of the sixties did that the international community to recognize the need to carry out cooperative global actions for the protection and rational ordering of the environment including the restoration and conservation of the quality of the marine and coastal water. The protection of the marine environment, of the marine water and the associated ecosystems to him, has been one of the priorities established in many treaties, covenants and international protocols that have recognized the importance to develop actions arranged for its protection as only instrument to assure the survival of the planet.

The covenants are the international instruments through which the governments establish politics and lines of action in the world environment, that serve like conceptual framework through which are established and implement the national and regional politics.

Although the Coastal Zones Integrated Management concept (MIZC) has already more than 35 years (Sorensen, 1997), only to the Summit of the Land (I Laugh of Janeiro, Brazil, 1992), was received around the world as the central concept for the management of the coastal zones and the oceans. Nevertheless, the importance of the sea, of its water and the coastal zones was recognized in many regional and international covenants from the decade of the sixties, these covenants introduced the bases and they served like conceptual framework for many of the concepts that were adopted in River in 1992 and finally in Johannesburgo 2002 . The next section will describe briefly these covenants and contribute them that they did withEmphasis in marine water in the field of the Coastal Management Integrated of Zones.

Before the Summit of the Land (1992)

Recognizing that the man due to the use and development of new technologies, has the a lot more large ability of producing changes than any another species in the nature and that many of these changes cannot be revoked and therefore should be regulated to prevent effects done not desire, the nations from the world through the United Nations called to the first Conference on the Man andEnvironment in the year 1972 . Together with the Convention of Ramsar, the principles emanated of this first Conference have

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served of conceptual framework for the politics that have been established in the last decades; complementary other international documents were signed that served like base to many of the recent covenants, some significant are:

Convention on humedales of international importance, especially as habitat of aquatic birds (Ramsar, Irán),1971

Conference on the Environment and the Man (Stockholm, Sweden), 1972 International convention for the prevention of the Contamination by ships,

MARPOL, (London, England) 1973 Convention of the United Nations on the Right of the Sea, (Montego Bay,

Jamaica), 1982 Covenant for the protection of the Marine Environment by Terrestrial

Contamination originated of sources, (Washington, United States), 1995.

A synthetic vision of these international instruments is presented subsequently:

Convention relating to the humedales of international importance, especially as habitat of aquatic birds (Ramsar, 1971)

It promoted by the UNESCO, this Convention was signed in Ramsar, they Will Go in 1971 . RAMSAR is one of the intergovernmental treaties that treats on the conservation and the “wise use” of the natural resources. Its priority objective is to bring to light to international scale the economic and ecological importance of the humedales and to stop the loss of the humedales terrestrial and coastal (choirs, manglares, coastal gaps and pastos marine), recognizing its ecological as regulating functions of the water state and as habitat, and its recreational, scientific, cultural, and economic value.

For the purpose of the convention the humedales are you defined thus:

“Humedales are the areas of pastos, gaps,swamps water, already they be natural orartificial that be static or flow, sweet, salobre or salted including the areas of marine water with a depth that to low tide exceed not the 6 meters” (Ramsar, 1996).

This convention introduces the principle of the “wise 1use”( Wise Use) defining it of the following form:

The sustainable utilization for the benefit of the humanity in a compatible form with the maintenance of the natural properties of the ecosystem . sustainableUtilization is understood like the human use of the humedales of such form that a greater and continuous benefit for the present communities can be reached while is maintained its potential so that can cover the needs and aspirations of the future generations”

To sign the Convention the countries should appoint at least a humedal that is included inside the list of humedales of International Importance. Upon appointing this zone the countries assume responsibilities of conserving, to 1 The convention considers this I finish as synonymous of the concept sustainable use.

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administer and to make use rational of the areas appointed . Besides they will have the international obligation of formulating and to apply plans of management and to promote the formation of competent personnel for the administration of these zones. Currently the convention has 101 countries signatories and 872 humedales appointed as important internationally, the area cover by them is of 62,568,445 hectares (Ramsar, 1997), of this area but or except the 30 percent belong to areas of manglar in the world.

Colombia is part of the Convention, ratified it in 1997and appointed already two areas Ramsar: being the first one the system deltáico estuarino of the Large Marsh of Holy Marta as humedal of international importance.

Conference of the Environment and the Man (Stockholm) 1972

The Conference of the Environment and the Man (1972), was the first answer of the nations from the world through the United Nations to establish politics in the performance of the economic activities to prevent the adverse effects in the environment (GESAMP,1991 ). The convention adopted a series general principles for the protection of the environment, among the ones that are emphasized:

Implementing activities of development in a form such that themselves be not damaged the environment for the future generations.

Revoking serious or irreversible damages to the environment Revoking the transfer of damages of the marine environment to other

environments. Arranging international actions for the protection and environmental

preservation

These principles were the seed of the concept of rational use of the resources that later was developed like the concept “Sustainable Use”.

On the other hand, the convention recognized to the science and the technology as fundamental elements in the process of development of the humanity and a place inside this process of the following form defined them, “The science and the technology, as part of its contribution for the social and economic development, produce a knowledge that should be applied for the identification, abolition, and control of the environmental risks and theSolution to the environmental problems for the common one of the humanity.

Subsequently, several of the principles introduced by this Conference were adopted by the Convention on the right of the sea, especially them related to the evaluation and control of the marine contamination.

Since its firm this Conference has served like coordinating mechanism through which the offices of the family United Nations, the governments and the scientists handle information to give him backup to the integral evaluation of the environmental medium matters. These evaluations have been designed for

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the purpose of providing an early warning to the problems and a solid base for the politics of answer (UNEP, 1995).

International convention for the prevention of the Contamination by ships, MARPOL (London) 1973

The objective of this convention is to protect the human middle in general and the coastal and marine middle particularly of the accidental, negligent or deliberate discharges of the hydrocarbons and other damaging substances by the ships.

Besides, other associated agreements exist as for example, the “International Covenant on civil responsibility by damages caused by the contamination of the water of the sea by hydrocarbons”.

Convention of the United Nations on the Right to the Sea (Montego Bay, Jamaica) 1982

Since 1970 the organization of the United Nations began to carry out a general revision of all the right of the sea. The General Assembly called the Third Conference of the United Nations on the Right of the Sea, with the mandate to adopt a convention that tried all the questions related to the right of the sea, included the protection to the marine environment, the conference celebrated 8 periods of sessions and was open for the firm in 1982 (FAO, 1992 ). Finally entered vigor in the year 1994.

The object of this treaty is to establish a global framework to solve all the referring problems to the right of the sea, establishing a legal order for the seas and oceans that facilitate the international communication and promote the uses with peaceful end of the seas and oceans, the efficient and fair utilization of the resources, the study, the protection and the preservation of the marine middle and the conservation of

The principle 7 of the Convention refers specifically to the marine environment and establishes: “ The states should take all the pertinent measures to prevent the marine contamination that can create dangers to the human health, to damage the marine resources and the marine life or to interfere the activities of recreation and to interfere in the legitimate uses of the sea”

Another of the important principles is the request of a plan and management of activities inside more extensive sense and holístico with a perspective that considers all the environments: “ The states should not be some direct or indirect transmitters of damages or dangers of an area to another area or to transform a type of contamination to another type of contamination ” (Article 195, Right of the Sea)

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The application of these principles should be flexible given the differences in the economic, political, and social structures of each State and the degree of vulnerability to the environmental damages of its coastal water. in spite of the fact that these principles are prominent to the introduction of substances to the marine environment, its principles are likewise applicable to the regulation of other human effects such as:

Coastal development Sobrepesca Loss of humedales and other ecosystems, etc.

To this form of impacts is necessary to give him an equal consideration upon protecting and to handle the marine environment (GESAMP, 1991).

It programs of World Action for the Protection of the Marine Middle set against the Activities carried out in land (Washington) 1995.The conference carried out in Washington, DC, in 1995, was promoted by the PNUMA. The conference adopted a Global Plan of Action for the Protection of the Marine Middle set against the activities carried out in land and the Statement of Washington:

“19. The states... should be concentrated on a pragmatic, sustainable environmental management and integrated, a process as the coastal management integrated of areas, harmonized, as is owed with the management of the basins of the rivers and plan of use of the land”

Additional to the international treaties also agreements have been signed and regional treaties that have like conceptual framework the principles and international agreements, for the region of the Caribbean and the Pacifico Southeast we have:

Covenant for the protection and the development of the marine middle in the region of the Great Caribbean (Cartagena) 1983

It celebrated in 1983 and approved by Colombia by means of law 56 of 1987 . The object of this treaty is to protect the marine middle of the region of the Great Caribbean for benefit and enjoyment of the future and present generations, by the special ecological and hydrographic characteristics of the area and its vulnerability to the contamination.

Covenant for the protection of the marine middle and the coastal zone of the Pacifico Southeast (Cali) 1981.

In Colombia was approved by means of the law 45 of 1985 . The Object of the treaty is to protect and to preserve the marine middle and the coastal zone of the Pacifico Southeast against all the types and sources of contamination, by

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means of regional cooperation through the contest of the Permanent Commission of the Pacific South –CPPS.

Protocol for the Conservation and Administration of the coastal and marine areas protected of the Pacifico Southeast (Paipa) 1989

It celebrated in Paipa, Colombia 1989 and approved in Colombia by means of law 12 of 1992 . The object of the treaty is to adopt appropriate measures to protect and to preserve the vulnerable, fragile ecosystems or of unique natural value, and fauna and the flora threatened by exhaustion and extinction, by means of administration of the coastal zones and creation of areas protected, valuing rationally the equilibrium that should exist between conservation and development.

Protocol for the conservation of the Pacifico Southeast against the contamination originating from the terrestrial sources (Quito)1985

It celebrated in I Remove in July of 1985 and approved by Colombia by means of law 45 of 1985 . The object of the treaty is to agree the adequate mechanisms for the protection of the Pacifico Southeast against the contamination originating from terrestrial sources.

Protocol relating to the areas of flora and wild fauna especially protected of the Covenant for the Protection and the Development of the Marine Middle of the Region of the Great Caribbean, (Kingston Jamaica) 1990

The Covenant and its anexos establish the natural resources Protection Areas to establish commitments of the Caribbean region, for the purpose of conserving to maintain and to restore representative types of marine and coastal ecosystems its genetic and biological diversity.

The Protocol understands besides the areas described in the Covenant of which does part, the water They situated to the interior of the line that serves of base to measure the width of the territorial sea, verbigracia, the water of the bays, gulfs, marshes etc. Besides incumben to the protocol the associated lands to these water and the hydrographic basins that Colombia appoint.

The State in accordance with the Protocol, should establish the zones amortiguadoras of the areas that have chosen as protected.

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Additionally in 1991 they were added it Anexos to the Protocol relating to the areas of flora and wild fauna especially protected.

Covenant Constituent of the Association of the States of the Caribbean (Cartagena) 1994

This Association of Caribbean States, inside the ones that our country was included, has as one of its main purposes, that of the preservation of the ecological integrity of the Caribbean Sea, by means of the adoption of measures on the part of the member countries for the sustainable exploitation of its natural resources and the preservation of the environment.

Protocol for the Conservation and Administration of the Coastal and Marine Areas Protected of the Pacifico Southeast Paipa, Boyacá, 1989.

This Protocol of the “ Covenant for the Protection of the Environment and the Coastal Zone of the Southeast ” of 1981, guard a narrow identity of purposes with the referred for the zone of the “ Great Caribbean ”, in the measure that propende by achieving that the member States, take appropriate measures to protect and to preserve vulnerable, fragile ecosystems or of value natural or cultural unique, in the coasts and seasThey protected for such end.

Covenant for the Protection and the Development of the Maritime Middle in the Region of the Great Caribbean and the Protocol relating to the Operation to Fight the Discharges of Hydrocarbons in the Region of the Great Caribbean, signed in Cartagena, 1983.

It it referred on the Protocol of Kingston, is been worth to explain the present Covenant, every time that the Protocol extended the environmental reaches of the same one to the coastal zones of the ones that the Covenant of Cartagena had not done greater reference.

Regarding the Protocol to prevent the discharges of hydrocarbons, contains some few references to the commitment acquired by the parts, to be lent contribution in the prevention and mitigación of the discharges of hydrocarbons in the zones of application of the Covenant.

Covenant for the protection of the marine middle and the coastal zone of the Pacifico Southeast, of the Agreement on the regional cooperation for the battle against the contamination of the Pacifico Southeast by hydrocarbons and other harmful substances, File peru, 1981; of the Complementary Protocol of the Agreement on the regional cooperation for the battle against the contamination of the Pacifico Southeast by hydrocarbons and other harmful substances, andAgainst the contamination of terrestrial sources, subscribed in I Remove, Equator, 1983.

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The Covenant, the Agreement and the Protocols approved by this Law, are substantially similar to the already described, with the new only element as is that of the inclusion of the sources of terrestrial contamination, and that essentially refers to the vertimientos performed from land.

The Summit of the Land (1992)

In the year 1989 the General Assembly of the United Nations, decided to organize a conference on development and environment in June of 1992 . was decided besides that the nations would be represented by the heads of state, this would constitute it in the first Summit of the Land (Barcenas, 1992). The priority objective would be on development and environment and that these topics were handled on an integral base, since the climatic change to the human settlements. Inside the products was expected that it produced an agenda for the action, the “Agenda 21”, a program of work agreed by the international community for a period after 1992 and that extends to the century 21.

The Conference was based on two twin proposals:

The management of the environment cannot be assured without keep in mind the internal causes of the nature and the bosses of development.

The development requires a systematic attention of the environmental bases of which all the production depends.

The Integration was the heart of the process of River, the respected matters covered a very extensive rank, providing a forum of discussion of the connections of matters that up to now had tried themselves separately and to integrate the environmental problems with the problems of development that were related.

The marine environment and the coastal zones were treaties in the I surrender 17: “Protection of the oceans and of the seas of all types, included the seas closed and semicerrados, and of the coastal zones, and protection, rational utilization and development of the alive resources”. This I surrender takes up again the concepts of sustainable Use and Coastal Management Integrated of Zones that already had been outlined for other international forums (to see 1.2). After the Summit of River the concept of MIZC has been taken like the organizing central axis and is part of the rhetoric of Sustainable Development. Many international forums have received the MIZC as base for the management of the coastal zones and part of the international politics. The following conventions are derived direct of the Meeting of River, and in them the concept has been taken of MIZCas conceptual framework or central axis for ordering and development of the coastal zones to international level:

Covenant on the Biodiversidad (1993) Covenant Framework of the United Nations on the Climatic Change (1992).

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The Summit of the Land adopted the Statement of River on the environment and Development and the call Agenda 21. The Statement of River contains 27 principles to reach the goal of the sustainable development environmentally. The Agenda 21 is a plan of integral action for the international community that extends to the century 21 . The I surrender 17 “ Protection of the oceans of the seas of all types, included the seas closed and semiencerrados, and the coastal zones, and protection, rational utilization and development of its alive resources”, presents the following priorities for the ordering of the coastal zones:

Ordering integrated and sustainable development of the coastal zones and the marine zones, among them the exclusive economic zones

Aprovechamiento sustainable and conservation of the subject alive marine resources to national jurisdiction

Solution of the main uncertainties that are presented regarding the ordering of the marine middle and the climatic change

Strengthening of the international cooperation and the cooperation and the regional coordination

Sustainable development of the small Islands.

In the parágrafo 17.4 is recognized that in spite of the efforts that are being done in the national plans, subregional, regional and world, the present form to focus the ordering of the coastal and marine resources always has not permitted to achieve a sustainable development, and the coastal resources and the environment is being degraded and eroding quickly in many parts of the world, therefore are established thebases for the action:

Creating a process integrated of formulation of politics and adoption of decisions, in which they participate all the sectors interested, to promote the compatibility and the equilibrium among the different uses.

Determining the present uses and projected of the coastal zones and their interactions.

Being concentrate on the quite definite problems related to the ordering of the coastal zones

Adopting preventive foci and precautorios in the planning and the execution of projects, so that they include the prior evaluation and the systematic observation of the environmental effects of the large projects

Promoting the development and the application of methods, such as the accounting of the resources and the environmental accounting in the national plan, that reflect the changes of resultant value of the different uses of the coastal zones and the marine zones, keeping in mind the contamination, the marine erosion and the loss of the resources and the destruction of the habitat

Giving the persons, the groups and the organizations interested, in the measure of the possible thing, access to the pertinent information and opportunities that are consulted and they participate in the planning and in the adoption of decisions in the appropriate plans.

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A brief explanation on the two most important covenants derived from the Summit of the Land would be:

Covenant on the Biodiversidad (1993)

The Covenant on Biological Diversity (CDB) entered vigor December 29, 1993 and has been ratified for but of 165 countries, among them Colombia (law 165 1994 ). This covenant provides for the first time a legal framework agreed internationally for actions arranged of preservation and sustainable utilization of the biological diversity. The objectives of the covenant are to promote the sustainable utilization of the components of the biological diversity, andParticipation jousts and fair in the benefits that they be derive from the utilization of the genetic resources, by means of the adequate use of the resources, an appropriate transfer of the technology and a wise financing.

In the second conference of the countries signatories of this covenant carried out in Jakarta (1995), the decision ii/10 on “Conservation and Sustainable Use of the Marine Biological Diversity and Coastal” establishes:

“The use of the marine and coastal areas integrated of management is promoted as the most adequate conceptual framework to handle the human impacts on the coastal and marine diversity and to promote the conservation and the sustainable use of this biodiversidad”.

it adds:“It is urges the countries signatories to establish and/or to fortify legislative, administrative, and institutional arrangements for the development of the management integrated of the marine and coastal areas, and its integration inside the national plans Of development ”.

Covenant Framework of the United Nations on the Climatic Change (1992)

The convention framework on the climatic change I enter vigor March 21, 1994 and has been ratified for but of 160 countries, among them Colombia (law 164, 1994 ). The objective of the convention is to achieve the stabilization of the greenhouse effect gases concentrations in the atmosphere, to a level that impede interferences antropogénicas dangerous in the climatic system, in a sufficient time limit to permit that theEcosystems adapt naturally to the climatic change and permit that the economic development continue in a sustainable way.

The I articulate 4 of the convention says:

“.....the nations compromise to develop plans for the management integrated of the coastal zones......and it is for this that the convention reinforces the general descriptions concernientes to MIZC contained in the I surrender 17 of the Agenda 21 and sample as this concept of management can be related to the adaptation to the impacts of climatic change....”

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The World Summit on the Sustainable Development. Johannesburgo (south Africa), 26 from August to 4 of September of 2002

AndSta summit generated a very considerable interest. A hundred world leaders took the word in the Summit, and in total more than 22.000 persons participated in her; among those persons there was more than 10.000 delegates, 8.000 representatives of NGO and of the civil company and 4.000 journalists.

The Summit did special emphasis in the fact that the oceans, the seas, the islands and the coastal zones constitute a component integrated and essential of the terrestrial ecosystem and are fundamental for the world eating security and to maintain the economic prosperity and the welfare of many national economies, especially of the countries in development. It insisted that to assure the sustainable development of the oceans is precise to establish a coordination and efficient cooperation, even in the regional and world plans, among the pertinent agencies and to adopt measures in all the plans for:

a) to Invite to the States to that they ratify the Convention of the United Nations on the Right of the Sea, of 1982, that constitutes the legal framework general of the activities related to the oceans, or they adhere her, and they apply their dispositions;

b) to Promote the application of the chapter 17 of the Program 21, in which figures the program of action to achieve the sustainable development of the oceans, the coastal zones and the seas in the context of their programmatic spheres, to know: the ordering integrated and the sustainable development of the coastal zones, included the exclusive economic zones; the protection of the marine middle; the aprovechamiento sustainable and the conservationmarine alive; the solution of the main problems that are presented regarding the ordering of the marine middle and the climatic change; the strengthening of the international cooperation and of the cooperation and the regional coordination and the sustainable development of the small islands;

c) to Establish a mechanism of efficient interinstitutional coordination and transparent on questions oceánicas and coastal in the system of the United Nations;d) to Promote the application, for the year 2010, of the focus based on the ecosystems, keeping in mind the Statement of Reykjavik on the responsible fishing in the marine ecosystem and the decision 5/6 of the Conference of the Parts in the Covenant on the Biological Diversity;

and) to Promote the management integrated, multidisciplinary and multisectorial of the coasts and the oceans to national level and to encourage and to help to the States rivers dwellers to establish politics relating to the oceans and mechanisms for the management integrated of the coasts;

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f) to Fortify the regional cooperation and the coordination among the organizations and pertinent regional programs, the programs on the regional seas of the Program of the United Nations for the Environment, the regional organizations of ordering of the fishing and other scientific organizations, of health and of regional development;

g) to Help to the countries in development to coordinate politics and programs in the regional plans and subregional in order to conserving and to order the fishing resources and to apply plans of ordering integrated of the coastal zones, even by means of the promotion of sustainable activities of traditional and coastal fishing and, when correspond, the creation of connected infrastructures;

h) to Take note of the work carried out in the context of the open process of consultations oficiosas that the General Assembly of the United Nations established for its resolution 54/33 in order to facilitate its annual exam of the evolution of the situation with regard to the oceans and the next exam of the efficacy and utility of that exam with which, in accordance with the arranged thing in the resolution indicated, will haveIn the quincuagésimo seventh period of sessions.

In specific relation to the restoration, conservation and sustainable management of the coastal and marine water, the Summit promoted the application of the Program of World Action for the protection of the marine middle set against the activities carried out in land and the Statement of Montreal for the protection of the marine middle set against the activities carried out in land, lending special attention in the period 2002-2006, to the question of the water of municipal waste, the physical alteration and the destruction of the habitat andof nutrientes, adopting measures in all the plans for:

a) to Facilitate the associations of contribution, the scientific investigation and the diffusion of the technical knowledge; to mobilize national, regional and international resources and to promote the increase of the human and institutional capacity, lending special attention to the needs of the countries in development;

b) to Fortify the capacity of the countries in development to devise programs and national mechanisms in order to incorporating the objectives of the Program of World Action and to face the risks and consequences of the contamination of the oceans;

c) to Devise programs of regional action and to improve the bonds with the strategic plans for the sustainable development of the marine and coastal resources, lending special attention to the zones submitted to changes accelerated of the environment and to the pressures of the development;D) to Do all the possible thing by achieving considerable progresses, before the next Conference on the Program of World Action that will be celebrated in

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2006, as for the protection of the marine middle set against the activities carried out in land.

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3. THE NATIONAL FRAMEWORK

In recent years the effort of the Government has been directed toward the expedition of policy paper that orienten and they articulate the environmental management of the different companies toward the achievement of common objectives, respecting the competences assigned to each one, and in order to utilizing in efficient form the scarce available resources.

POLITICAL FRAMEWORKFor the theme of marine contamination, the country counts on an extensive development of policy paper, with which the articulation of the actions has been achieved and prompted processes in the companies with interference in the theme, and has advanced in the coastal environmental code. Nevertheless,some of them Have had problems in its application, due mainly to: failures in the methodology and the coordination processes development during its formulation; lack of precision in the monitoring programs definition, and insufficient financial resources and available technicians for its execution.

The framework of applicable politics to the theme of prevention, mitigación and control of the sources that generate marine contamination (to see recuadro), understands documents related to the management of the water resource, spaces oceánicos and coastal zones, and prevention and attention of disasters.

Framework of Politics National plan of Development 2002– 2006 “Toward a Common State”.

Management of insular, coastal zones and oceánicas: Environmental National politics for the Sustainable Development of the

Spaces Oceánicos and the Coastal and Insular Zones of Colombia. Conpes 3164 of 2002, Environmental National Politics for the Sustainable

Development of the Spaces Oceánicos and the Coastal and Insular Zones of Colombia– Plan of Action 2002 – 2004.

Features of the National Politics of the Ocean and the Coastal Spaces – LPNOEC.

Management of the water resource: Features of Politics for the Integral Management of the Water. National politics for Humedales Interior in Colombia.

Prevention and reduction of the contamination National politics of Cleaner Production Conpes 3177 of 2002, Priority Actions and Features for the Formulation

of the National Plan of Management of Residual Water (PMAR). Political for the Integral Management of Residues Been used to.

Investigation

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National politics of Environmental Investigation.

Prevention and attention of disasters: Conpes 3146 of 2001, Strategy to consolidate the execution of the

National Plan for the Prevention and Attention of Disasters in the short and medium time limit.

National plan of Contingency against Discharge of Hydrocarbons, Derived and Harmful Substances, in Lake, River, and Marine Water (PNC).

Thus same, the National Plan of Development 2002 –2006 presents actions for the management of the coastal zones and seas. In the strategy of Environmental Sustainability, the theme in the programs Conservation is included and sustainable use of goods and environmental services and integral Management of the water. In the first one the development of the environmental politics of seas is included and coasts, and in the second actions related are presented to descontaminación water through the implementation of the PMAR, harmonization of the normative framework, and development of an integral politics.

Subsequently they are described the main policy paper related:

A. Political National Environmental for the Sustainable Development of the Spaces Oceánicos and the Coastal and Insular Zones of Colombia.

Document approved by the Environmental National Counsel in December of 2000; has as an objective propender by the sustainable development of the spaces oceánicos and the coastal and insular zones of the country.

As objective specific it presents to establish environmental features for the development of productive activities in the spaces oceánicos and coastal zones; to adopt measures of conservation, rehabilitation and/or restoration of the coastal and marine ecosystems; and to provide a healthy coastal and marine environment to contribute to the improvement of the quality of life of the population. As part of this last objective, the strategy of prevention was defined, reduction and control of the contamination.

B. Conpes 3164 of 2002, Environmental National Politics for the Sustainable Development of the Spaces Oceánicos and the Coastal and Insular Zones of Colombia – Plan of Action 2002 – 2004

It identifies the priority actions, responsible institutional actors for its execution, financial resources required and mechanisms of necessary coordination for the implementation of this Politics. It establishes the responsibilities for the formulation and set in motion of the national Plan for the evaluation, prevention, reduction and control of the contamination generated by marine and terrestrial sources.

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C. Features of the National Politics of the Ocean and the Coastal Spaces – LPNOEC Document adopted by the members of the Colombian Commission of the Ocean in 2003; has as an objective to promote the sustainable development of the ocean and of the coastal spaces and of the maritime interests of the Nation , by means of the estructuración arranged and it set in motion of strategies that permit to guarantee the exact administration, aprovechamiento economic, caution and control of you said territorial spaces.

D. Features of Politics for the Integral Management of the Water Document approved by the Environmental National Counsel in 1996; its objective is to handle the national offering of the water sustainably, to attend the economic and social requests of the development in terms of quantity, quality and temporary and spatial distribution. Among others, presents as objective specific: to protect, to recover and to improve environmentally the coastal zones and the maritime terminals; and to recover and to protect natural ecosystems as manglares, underwater meadows and reefs of choir.

E. Political National for Humedales Interior in Colombia

Document approved by the Environmental National Counsel in 2001. Its objective is to develop and to implement a strategic framework for the conservation and the rational use of the humedales interior of Colombia, in order to maintaining and to obtain economic, ecological benefits and socioculturales.

F. The National Politics of Cleaner Production

The Environmental National Counsel approved this document in 1997, in order to preventing and to minimize the impacts and risks to the human beings and to the environment, from introducing the environmental dimension in the productive sectors.

G. Conpes 3177 of 2002, Priority Actions and Features for the Formulation of the National Plan of Management of Residual Water (PMAR)

It defines the priority actions and the features for the formulation of the PMAR in order to promoting the improvement of the quality of the water resource of the Nation. This document establishes priority actions framed in the need to prioritize the management, to develop strategies of regional management, to revise and to bring up to date the regulatory nature of the sector, to articulate the sources of financing and to fortify an institutional strategy for the implementation of the National Plan of Management of Residual water. Productive sectors.

H. Political for the Integral Management of Solid Residues

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It approved in 1997 by the Environmental National Counsel, this politics has as an objective to impede or to minimize the risks for the human beings and the environment that cause the inadequate management and disposition of dangerous and solid residues.

I. Political National of Environmental Investigation

It was approved by the Environmental National Counsel in December of the 2001. The main objective is “to fortify the regional and national capacity for the generation, management and opportune utilization of prominent knowledge to orient the sustainable development and to prompt the improvement of the environmental quality and the conditions of life of the Colombian population, according to the cultural and natural diversity of the country”.

J. Conpes 3146 of 2001, Strategy to consolidate the execution of the National Plan for the Prevention and Attention of Disasters in the short and medium time limit It contains the actions to develop in the disasters prevention theme, during the period 2002 – 2004. It includes the support to the territories in the contingency plans elaboration to diminish the risk in case of deficit or contamination of water.

K. Decree 321 of 1999, by which the National Plan of Contingency against Discharge of Hydrocarbons is adopted, Derived and Harmful Substances, in Lake, River, and Marine Water (PNC)

The PNC is an operating, data processing, and strategic tool that permits to coordinate the prevention, control and efficient battle of an eventual discharge of hydrocarbons, derived and harmful substances, in lake, river, and marine water. L. Law 812 of 2003, Law of the National Plan of Development 2002 –2006.

It establishes in the objective to prompt the sustainable economic growth, strategy of environmental sustainability, and as priority action of the program Conservation and sustainable use of goods and environmental services, the development of the politics of seas and coasts. Thus same, in the program Integral Management of the Water, actions directed are established to the Prevention and control of the contamination, through the formulation and implementation of the Residual Water Management Plan, according to the features of the Conpes 3177.

NORMATIVE FRAMEWORK Of another part, the normative framework in force related to the prevention, control and reductionof the contamination of the marine middle, understands the legislation sent off for regular the use of the water, to establish the

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management of vertimientos, and to define the economic, administrative and institutional necessary instruments for the execution of the politics.

The legislative development has permitted partially to initiate the code of the water resource, to consolidate in many clean production processes regions, to reach put partial of descontaminación and to guarantee a culture of processing of efluentes. Thus same, these processes have permitted to fortify moderately the technical capacity ofthe environmental authorities.

Normative framework Decree – Law 2811 of 1974 - National Code of the Renewable Natural

Resources and of Protection to the Environment. Law 9 of 1979 - National Sanitary Code. Decree 1875 of 1979 - Prevention of the contamination of the marine

middle Decree 1594 of 1984 - Use of the water and vertimientos. Decree 2324 of 1984 - Organizes the Maritime General Direction. Decree - Law 919 of 1989 - Organizes the National System for the

Prevencióny Attention of Disasters. Law 99 of 1993 - Creates the Department of the Environment, and

organizes the Environmental National System. Law 142 of 1994 - State of the home public utilities. Law 373 of 1997 - Efficient Use and Savings of the water. Decree 901 of 1997 - Regulates the vengeful rates by utilization of the

water as receiver of vertimientos. Decree 93 of 1998 - Adopts the National Plan for the Prevention and

Attention of Disasters. Decree 321 of 1999. By which the National Plan of Contingency against

Discharges of Hydrocarbons is adopted, Derived and Harmful Substances.

Decree 347 of 2000 - Organizes the Colombian Commission of the Ocean.

Resolution 1096 of 2000 - technical Regulation of the sector of drinkable water and saneamiento basic – RAS.

Decree 1713 of 2002 – Regulates the service of neatness and the Integral Management of Solid Residues.

Decree 1180 of 2003 – Environmental Licenses Law 812 of 2003. Law of the National Plan of Development 2002 – 2006

toward a Common State.

Nevertheless, the application of the legislation has been seen affected by different factors as: institutional weakness to set objectives and goals of environmental quality, and to carry out programs of control and monitoring; insufficient available and existing information; absence of a culture of evaluation in the application of instruments, in order to adjusting them; failures in the articulation of the different normative instruments; and lack of continuity in the developmentOf programs of technical aid on the part of the environmental authorities to the entities executors. Besides, the regulatory nature generally has been focused to the management of the continental

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superficial water resource, and has not tried specifically the management and the environmental impacts on seas and subterranean water.

Subsequently they are described the regulatory nature specifies related:

A. Decree 2811 of 1974

It called National Code of the Renewable Natural Resources and of Protection to the Environment. It contains the actions of prevention and control of the contamination of the water resource, and specifically the measures to impede or to prevent the contamination and affectation of the marine environment.

B. Law 9 of 1979

Known like National Sanitary Code. It establishes the procedures and the measures to carry out the regulation and control of the vertimientos.

C. Decree 1875 of 1979

It dictates norms on the prevention of the contamination of the marine middle. It establishes substances that cannot be poured to the sea, and regular the charge or discharge of hydrocarbons.

D. Decree 1594 of 1984

Regulation norm of the National Code of the Natural Resources and of the law 9 of 1979, develops the aspects related to the use of the water and the liquid residues. As for residual water, defines the limits of vertimiento of the substances of environmental and sanitary interest, permission of vertimientos, vengeful rates, laboratory analysis methods and studies of environmental impact.

E. Decree 2324 of 1984

Through this norm the Maritime General Direction is organized (DIMAR); contains the competences and functions of the institution.

F. Decree - Law 919 of 1989

It organizes the National System for the Prevention and Attention of Disasters.

G. Law 99 of 1993

Reordena the public sector responsible for the management and conservation of the environment and the renewable natural resources. It defines the competence of the regional environmental authorities related to: conservation, preservation, use and management of the environment and of the renewable natural resources in the coastal and marine zones; evaluation, control and monitoring of the discharges of residual water.

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Through this Law, is linked to the institutes of investigation INVEMAR, IDEAM, SINCHI and Von Humboldt to the SINA and the institute is created John von Neumann, that takes charge of the investigation of the environment of the Peaceful Seaboard and of the Collided Biogeográfico.Additionally, the Law 99 of 1993 entrusts to the municipalities the specific function to execute works or projects of descontaminación of currents or deposits of water affected by the vertimientos municipal. Besides, it creates the vengeful rate by vertimientos liquid punctual to the bodies of water and establishes the features for its implementation.

H. Law 142 of 1994

State of the home public utilities. It establishes the competence of the municipalities to assure the efficient installment of the home service of alcantarillado, that includes the processing and final disposition of the residual water. Besides, it defines that the companies prestadoras of home public utilities should protect the environment when its activities affect it (to comply with an ecological function).

I. Decree 901 of 1997

It regulates the articles 42 and 43 of the law 99 of 1993, with respect to the implementation of vengeful rates by vertimientos liquid punctual to a body of water. The vengeful rate consists of a collection by the direct or indirect utilization of the sources of water as receptoras of vertimientos punctual and by its harmful consequences for the environment. The resolution 372 of 1998 establishes the total of the most minimum rates for Biological Demand of Oxygen (DBO) and Solid Suspended Total (SST).

J. Law 373 of 1997

Efficient use and Savings of the water. It contributes to the decrease of residual water, and promotes the development of the reuso of the residual water.

K. Decree 93 of 1998

Through this decree the National Plan for the Prevention is adopted and Attention of Disasters.

L. Decree 347 of 2000

It organizes the Colombian Commission of the Ocean (CCO), organ intersectorial of advising, consultation, planning and coordination of the National Government in matter of National Politics of the Ocean and of the Coastal Spaces, and the different themes related to the sustainable development of the Colombian seas and its resources.

M. Resolution 1096 of 2000

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Regulation of drinkable water and saneamiento RAS, title AND, residual water processing. Is the technical document that fixed the basic criteria and most minimum requirements that should meet the projects of the sector of drinkable water and saneamiento basic. In the residual water processing systems case, the RAS keeps in mind the processes involved in the conceptualización, design, construction, technical supervision, set in motion, operation and maintenance.

N. Decree 1713 of 2002

Regulating and public utility of neatness in the framework of the integral management of the ordinary solid residues, in referring matters to its components, levels, classes, modalities, quality, and to the state of the persons prestadoras of the service and of the users.

Ñ. Decree 1180 of 2003

It regulates the Law 99 from 1993 with respect to the Environmental License (THE). It establishes the projects, works and subject activities to THE, the competences of the environmental authorities, and the procedure for the granting from the THE.

3. THE GENERAL LAW OF WATER AND THE COASTAL AND MARINE WATER IN COLOMBIA

This section synthesizes the I diagnose brought up to date of the environmental quality of the coastal and marine water of the country. The situation indicated stands out the need to involve integrally this vital resource in the General Law of Water in process of formulation and discussion. This section the preliminary document of the National Program of investigation is bases on, evaluation, prevention, reduction and control of Terrestrial Sources and Navies of Contamination to the Sea that at present formulates NATIONAL COMMITTEE OF MARINE CONTAMINATION with the leadership d the MAVDT, the INVEMAR and the CCO.

STATE OF THE SANITARY AND CHEMICAL QUALITY OF THE WATERCARIBBEAN

1. Eutrofización and Fertilization

According to the results of the last 3 years of monitoring of the REDCAM, in the behavior of the variable fisicoquímicas and nutrientes in the Caribbean values have been found that surpass the limits permisibles in San Andrés (Bay Hooker,

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Johnny Cay, adjacent Zone to the alcantarillado municipal and The Cove), Riohacha, Holy Marta (adjacent zone to the Underwater Emissary), set against the Large Marsh of Holy Marta, in Barranquilla (Mouths of Ash), in Cartagena (bay of Cartagena and marsh of Tesca), the pipes Guainí and Zaragocilla in the Gulf of Morrosquillo that receive residual water of Tolú and San Onofre and, in the adjacent zoneEstuary of the river Lion (gulf of Urabá). These values, significantly high compared with the remainder of the country, owe its origin to the vertimientos of urban water served of the human settlements located in the coasts and riveras of the rivers, and to the farm activities in the basins and coastal zones with high agricultural development, which receive important quantities of nutrientes originating from the use of fertilizers, as in the zones bananeras of the Mary magdalene and.

1. Hydrocarbons of the petroleum

The problematic one of the residues of hydrocarbons in the Colombian coastal zones has its origin in maritime and harbor activities; and in, transportation, refining and uses of the petroleum and its derived (Garay, 2000). So much in the Caribbean as in the Pacific, local problems by chronic discharges in the ports exist, the refineries of petroleum and by the ships of cabotaje, or accidental by the ships of international traffic.

Concentrations of aromatic hydrocarbons have been reported and alifáticos in water, sedimentos and marine agencies in all the Colombian Caribbean, from Castilletes to Urabá (Garay, 2000 in Garay, 1992). Being presented the greater concentrations in the zone of Cartagena, where the level in water surpasses extensively the international norm for water done not contaminate that it is of 10 ug/l (UNESCO, 1974; in Garay, 1992 and 2002). Values average of to 50 ug/l have been reported in stations close to the vertimientos industrial, refinery and fondeaderos of ships in the Bay. Values between 5 and 10 ug/l have been found for water of the Gulf of Morrosquillo, Barranquilla, Holy Marta and San Andrés (Garay, 1992 and 2002). While the zone of the Guajira presents the smaller concentrations with values average between 0.5 and 5 ug/l.

In sedimentos, the greater values found for total hydrocarbons has been on the average of 500 ug/g in the Bay of Cartagena and Bay Hooker in San Andrés, while the smaller are reported in the Guajira. The agencies (Bivalvos) with greater concentrations of total hydrocarbons are reported in the zone of Cartagena with values average of 30 ug/g, while the but low result to be the agencies colectados in Bay Cispatá and the Large Marsh of Holy Marta with values average of 5 ug/l (Garay, 1992 and 2002).

The monitoring carried out by the REDCAM (2001 – 2003) verifies the historic information, being detected values that surpass this level in San Andrés, Holy Marta, Barranquilla, bay of Cartagena, Tinajones (estuary of the river Sinú) and the gulf of Urabá, where the influence is shown that exercise the harbor and maritime activities, as well as the discharges of the rivers of greater volume.

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2. Plaguicidas

Historically sAnd they have reported relatively high levels of concentrations of plaguicidas organoclorados in water, sedimentos and agencies of several zones of the Colombian Caribbean, especially them influenced by the agricultural activities and the rivers. For example, In the Large Marsh of Holy Marta,have been reported concentrations of Aldrín among 0.36 to 1.07 ppb, Lindano 0.40 to 44.2 ppb, Dieldrín 0.13 to 1.91 ppb and DDT total 0.01 to 0.08 ppb, especially in zones close to the estuaries of the rivers originating from the zones bananeras of the Sierra Nevada of Holy Marta, the Seville, Aracataca and Foundation (Ramirez, 1988-2000).

In the coastal zones of Bolívar, mainly the Bay of Cartagena and the Marsh of Tesca, have also been reported concentrations of organoclorados in water, sedimentos and agencies; levels of Aldrín, DDT, Heptacloro, Dieldrín and HCHs, are reported in levels from 0.01 to 0.34 ppb in the Bay (Garay, 1985 and 1993; and Fort, 1998). Of the same form, in the Marsh of Tesca concentrations have been found of Aldrín, Lindano, Heptacloro, DDT and its metabolitos DDE and DDD and PCBs, with values between 0.030 and 3.8 ng/g in sedimentos, among 0.079 to 59.5 ng/l in water and among 0.09 to 0.78 ng/g in fish of commercial importance (Garay, 1993; Fort, 1997). In the Gulf of Morrosquillo concentrations were found of Aldrín, DDT, Lindano and Heptacloro in water in very low concentrations, that go from 0.001 to 0.01 ng/l (Garay, 1992 and 1998). Nevertheless, the present registrations show values located in the smaller rank at the level of reference of 30 ng/l, in the majority of the Caribbean, which can signify that it be herself presented an increment in the use of another type of plaguicidas, which they have not been monitored.

4. Heavy metals

The contamination by heavy metals it has been constituted in one of the forms more toxic For the aquatic ecosystems. It gives gave that are elements little or biodegradable nothing, tend to be accumulated in the weaves of animals And vegetable aquatic and remain in them by long periods, unchaining processes from bioconcentración, biomagnificación and bioacumulación. According to the Caribbean Environment Programme (CEP) and the studies of the INVEMAR, the water of the Caribbean seaboard have suffered increment in the contamination by these elements during the two last decades, being the zones but affected those nearbyor wherehave been located the main human settlements, as Is the case of the cities of Cartagena, Barranquilla, Holy Marta, Coveñas, Tolú and Riohacha.

The results onheavy metals concentration levels Cd, Cr and Pb, during the last 3 years showed that the most affected zones are the bay of Cartagena, the

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estuary of the river Mary magdalene and the industrial sector of The Flowers in Barranquilla, with values that are classified like Average Contamination.

The studies on metals carried out in one of the critical zones of the Colombian Caribbean, the Bay of Cartagena, they have shown the presence still in sedimentos of levels of Hg of 7.67 ug/g, value above the norm permisible That is of 0.5 ug/g (Camacho, 1997). The previous thing denotes that even they persist levels of concentration of Hg , generated already 20 years ago by the factory of Chlorine – Soda (ALKALIES OF COLOMBIA).

In the Cienaga Large of Holy Marta, the concentrations of metals have shown a progressive increase in its different compartments: water, sedimentos and agencies. High concentrations of the metals Cd were detected, Cu and Zn, whose values are of 11.1 ug/g, 39.2 ug/g and 171 ug/g, respectively, compared with them limit permisibles established by the EPA and by the Ontario Ministry of the Environment Legislation, Department of Health of the Brazil, among others (Wallnr-Kersanach, 1996). These concentrations were registered in the zones with greater influence of the River Mary magdalene, denoting thus same its direct influence on the basin of the Caribbean. In the remainder of the coastal zones especially of the Guajira, Mary magdalene, San Andrés and part of Sucre, Cordoba, as well as and the north of Collided do not present significant levels of heavy metals.

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It figures 1 Zones of the coast of the Caribbean in which recurrent high values of contamination of the water are presented.

5. Contamination microbiológica

The studies carried out show that IN the majority of tourist beaches of the Colombian Caribbean are surpassed the limits permisibles established by the Colombian legislation for water of primary contact (to 200 NMP/100 ml for Coniformes fecal), so much in the dry epoch as in the humid one,Mainly in the departments of Atlantic, Bolívar, Mary magdalene, Sucre and Cordoba. Alone the beaches located in the sector of the Tip of the Candle in the department of the Guajira, those of the Park Tayrona in the Mary magdalene and those of Necoclí in Antioquia and Capurganá in Collided, show levels permisibles, with regard to that itself are not found influenced by the vertimientos domestic.

The tendencies in the behavior of the levels of pathogenic microorganisms of some specific beaches, as the beach Rodadero in Holy Marta; beach Coveñas in Cordoba; bay of Cartagena and marsh of Tesca OR OF The Virgin in Bolívar and Rocky Cay in the department of San Andrés and Providence; shows that the greater levels of coliformes fecal enlarge in the tourist season of half and end of year, as well asAlso increment in the rainy epoch is observed, by effect of the major content of domestic residual water that drag the tributaries that have influence in these zones.Based on the results exposed, in the Colombian Caribbean six critical areas due to the contamination originating from maritime and terrestrial sources are identified, located in:

San Andrés: The main sources of contamination that affect the quality of its coastal and marine water are the vertimientos domestic and the residues of the maritime transportation (cabotaje and tourism), that are increased in high tourist seasons , generating increments in the levels of hydrocarbons , nutrientes and bacteria coliformes, being the most affected places bay Hooker, The Cove and the adjacent area to the vertimiento of the alcantarillado sanitary of the

Holy Marta: The vertimientos domestic of Holy Marta and Marsh, the vertimientos oleosos originating from the activity of the trasporte maritime and the ports, as well as contribute them of the rivers, affect significantly the quality of its water and the associated ecosystems.

Barranquilla :Understands especially the estuary of the river Mary magdalene (Mouths of Ash) and its adjacent areas, Port Colombia and the marshes of Majorcan and Balboa. It is one of the most critical zones by contamination in the country, given the multiple activities that are carried out in the city and the contribute originating from the basin (vertimientos domestic, industrial, port and estuary of the river Mary magdalene).

Cartagena: The zone of Cartagena covers the marsh of The Virgin and the bays of Cartagena and Barbacoas. This zone is considered one of the more criticisms of all the coastal zone and navy of the country, so much by the magnitude and persistence of contaminants, as by the wealth and

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biodiversidad of its ecosystems. In Cartagena an economic, as industrial multiplicity of activities is carried out, tourist, harbor, fishing, etc.; vertimientos domestic, industrial, escorrentías, channel of the Dike, agroquímicos , etc.; for such reason is considered one of the priority zones to undertake actions of saneamiento, control and environmental improvement.

Gulf of Morrosquillo: Including the bay of Cispatá and the estuary of the river Sinú (Tinajones). This zone is considered as one of the critical areas of the Colombian Caribbean by the loads of contaminants that enter to the coastal and marine zone and by the levels of concentration and persistence of identifying contaminants and quantified. Although in the Gulf itself not cities of the magnitude are presented of Cartagena or Barranquilla, if is a zone that receives a contribute important of tourists that are scattered to it Long of all the coast, from Berrugas to Cispatá; to this adds themselves, the processing systems lack of the residual water, the vertimientos of oils and hydrocarbons of the maritime and terrestrial transportation and the residues of agroquímicos toxic that arrive for the river Sinú since the agricultural areas and industrialists of the interior of the department.

Gulf of Urabá: This zone receives the discharges of the river Atrato and other rivers as the Lion and Leoncito , that drag residues of agroquímicos and resultant metals of the agricultural activities and miners of the zone. To this add the residues oleosos of the trasporte maritime, the nutrientes and microbiológicos originating from the coastal localities, as I Disturb and Necoclí, what results in persistent and high levels of contaminants that do of this area as one of the coastal zones with critical characteristics.

PACIFICO

In comparison with the Caribbean, the water of the Pacific are colder, of smaller salinidad and the productivity of the fitoplancton is greater. By being open, the coast receives greater influence of the swell and the tides, which are a lot more extensive, of until 4 to 5 meters; is also a very active coast seismically (IDEAM, 1998). In the basin of the Pacific the urban, agricultural and industrial levels of development are a lot smaller that in the Caribbean (Waiter-Ferreira, 1998). The infrastructure for the transportation and the communications toward the interior of the country or toward other countries is little developed and in some zones is nonexistent; this fact involves to that the level of poblamiento be reduced. By these reasons, the pressure on the resources has been smaller that in the Caribbean, with few exceptions.

1. Eutrofización and Fertilization

According to the results of the last 3 years of monitoring, the behavior of the variable fisicoquímicas and nutrientes in the Pacific, the zones that present values of the variables outside of the normal ranks are located in the bay of Buenaventura, in the zones of influence of the estuaries of the rivers Micay and

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Saija in the Cauca and The Tola in Nariño, showing phenomena of eutrofización in some cases,And in other places contributing to the fertilization of the sea. In the Figure 16 the points are represented and areas where were presented contaminants above the normal values, you considered like reference of water of good quality.

2.Hydrocarbons of the Petroleum

Historically, the most they affected zones by the residues oleosos are Buenaventura and Tumaco, with regard to the international maritime traffic and of cabotaje that generate residues oleosos. In smaller degree of impact are found Guapi, Bay East wind and Ladrilleros. Regions as the north of the Collided and Cauca and the south of the Valley of the Cauca remain relatively clean of these composed. According to the samplings carried out during the 2001 to the 2003, andL impact by hydrocarbons is high and chronic in the bay of Buenaventura and Tumaco.

Of the monitorings of hydrocarbons carried out by the CCCP since 1986 to date, was found that on the average the concentrations enlarge progressively from water 0.25 ug/l, sedimentos 1.18 ug/g to agencies (Bivalvos) 7.45 ug/g (Calero and Casanova, 1997; Invemar, 2002).

3. Plaguicidas

In spite of being a region with reduced agricultural development, the levels of residues organoclorados were more high than it would be able to expect (to 94 ng l-1), In places as The Valley and Nuquí in the Collided, Guapi and Timbiquí in Cauca and the estuaries of the rivers Looks and The Tola in Nariño. Probably these concentrations itself due to the use of composed organoclorados for campaigns antimaláricas and the illicit cultivations fumigation campaigns. Historically in this region average concentration levelshave been found of plaguicidas organoclorados for sedimentos of 12.42 ng/g and in agencies (Bivalvos) of 94.53 ng/g, presenting a relation of 1:7.6, what indicates that a great capacity exists on the part of the bivalvos of accumulating these composed, taking them of the sedimento in its process metabólico (Calero and Casanova, 1995). The DDT and their metabolitos have presented an irregular behavior during the period of the last decade, especially in agencies, in reason to that are associates to a series of physiological characteristics; while in the sedimentos are more stable.

4. Heavy metals

In the Pacific, the measures Cd concentrations in the Inlet of Tumaco do not represent risk of contamination, while in the Bay of Buenaventura the values are presented among 2.1 to 5.1 ug/g, surpassing the respected as normal values for sedimentos in bays and coasts, that isof 2 ug/g ( Calero and

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Casanova, 1997). Other highly toxic metals as the Hg and the Pb were found in different areas of study of the coast Pacifica Colombian in concentrations of 0.15 ug/g to 3.5 ug/g the first one and of 2.1 ug/g to 52.3 ug/g for the second (Calero and Casanova, 1997). The levels of mercury in sedimentos for Buenaventura are greater to 0.51 mg/g, considered as “high concentration” by the NOAA (1990). With regard to the levels in marine and coastal water, its concentrations do not present significant values, being the areas with greater levels the estuaries of the rivers and the adjacent zones to the coastal cities.

It figures 2 Zones of the coast of the Pacific in which significant values of contamination of the water are presented

5. Contamination microbiológica

The levels of contaminants microbiológicos are worrying in the Pacific Colombian. LTo majority of the beaches monitored during the 2001 to the 2003 they surpassed the levels of coliformes fecal contemplated in the article 42 of the decree 1594 of 1984. These results are consequence of the vertimiento direct of urban water served in the little, coastal sector cover of the system of alcantarillado, lixiviados of trash and septic wells. The greater levels of the indicators of fecal contamination are located in the adjacent zones to the human settlements and in the estuary of the rivers, especially in the rainy epoch. on the other hand, the beach Tip is identified Huina in the department

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of the Collided as apt for its use in activities of secondary and primary contact, upon not surpassing its limits permisibles of coliformes fecal so much in epochRainy.

By the previous thing is considered that in the Colombian Peaceful coast three critical areas due to the impact of the contamination originating from maritime and terrestrial sources exist, located in:

Buenaventura: Zone where converge diverse activities, as the maritime transportation of load through one of the most important ports of the country, the tourism and the discharges of various tributaries, what added to evil management of vertimientos domestic and industrialists has caused the presence of persistent and high levels of contaminants in its water.

Tumaco: Port , where just like Buenaventura converge diverse activities, as the maritime transportation of cabotaje and fishing, the tourism and the discharges of various tributaries, what added to evil management of vertimientos domestic and industrial, especially residues of food and of woods , has caused the presence of persistent and high levels of contaminants in its water.

In The Tola (Nariño) and Guapi (Cauca) Another zone is located, where the impact of the contamination is significant, to the point that values of some contaminants are presented that surpass the levels of reference.

EFFECTS OF THE CONTAMINATION ON THE ECOSYSTEMS AND THE QUALITY OF LIFE IN THE MARINE AND COASTAL ZONES

Colombia counts on an approximate total of 3.000 km of coast and approximately 980.000 km2 of exclusive economic zone in which present ecosystems they been of highly biodiversidad and/or productivity such as reefs coralinos (approximate area of reefs coralinos in the Caribbean: 2.645 km2), meadows of fanerógamas, estuaries, coastal gaps and manglares (this figure one must revising it because ours, Project Manglares is of 3.940 aprox. approximate area of manglares 4.450 km2) With potential for the development of craft fishing, acuacultura and tourism (COLCIENCIAS, 1999).

At present nevertheless, the coastal zones and navies of the country face multiple problems, caused by the effect sinérgico of different causes, among them the contamination. Among the main symptoms of deterioration of the marine middle ARE are found:

Growing deterioration of reefs coralinos: massive death of choirs and other groups of associated agencies and extreme decrease of its fishing resources.

Growing deterioration of the systems estuarinos and lagunares coastal: contamination, eutroficación, death or massive destruction of manglares and decrease and change in the quality of its fishing resources.

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Growing deterioration of the meadows of fanerógamas marine, loss of cover and complete disappearance in certain areas.

Erosion and drastic changes in the dynamics and geomorfología of coasts as consequence, among others causes, of the impact generated by actions antropogénicas.

Contamination of beaches and of water of tourist spas: bad, gastrointestinal illnesses smells and deterioration paisajístico.

General decrease of important fishing resources in many ecosystems, in part as a result of the deterioration of the respective ecosystem.

The contamination, especially when is related to the vertimiento of residual water without treating, is the cause of great problems cases number as intoxications and illnesses of the skin. Despite this, in Colombia themselves not specific studies on this theme in the coastal zones they have done.

The effects of the plaguicidas have been studied in zones of monocultivos with high requests of these chemists, as the zone bananera of Urabá and the fields arroceros of the Tolima. In the first case, itself muestrearon embolsadores of banano that are in permanent contact with the markets pre dealt with plaguicidas to protect the fruits. It was observed that they had a performance cognoscitivo lower of it expected, being the memory and the attention the most compromised functions (Spanish Et to the, 2003). The INVEMAR carried out in the 2000 a preliminary evaluation of the content of heavy metals in populations of the coastal zone of the department of the Mary magdalene.

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REFERENCES BIBLIOGRAPHICAL

Burke, L., Y. Kura, K. Kassem, C. Went bad, M. Spalding and D. McAllister. 2001. Coastal ecosystems. Pilot Analysis of Global Ecosystems. World Resources Institute.50 p.

CERI Colombia. You photocopy. Evaluation of a sectorial environmental study. Colombia. Sectors hidrocarburíferos and mining.Komex International Ltd.

COLCIENCIAS. 2000. Strategic plan 2000 – 2004. It programs national of Science and technology of the Sea. 64 p.

CPPS, 1981. Covenant for the protection of the marine middle and the coastal

zone of the Pacific southeast. Www.cco.gov.co

DIMAR, 2000. The national strategy for the implementation of the international covenant to prevent the contamination by ships, MARPOL 73/78. National group of Work for the Implementation of the MARPOL 73/78 (Department of National Defense - DIMAR, Department of the Transportation, Department of the Environment, Superintendecia of Ports and Transportation, Colombian Commission of the Ocean). Bogota. 8 p.

DNP. 2000. Mining sector in Colombia. National department of Planning. Unit of infrastructure and energy. 26 p.

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http://www.cco.gov.co/


ECOPETROL – ICP. 1991. Oily water primary processing and final disposition. Colombian business of Petroleos – Colombian Institute of the Petroleum. Caps. 1-3.

ECOPETROL. 2000. Statistics of the petroleum industry. Colombian business of Petroleums, Direction of Corporate Planning. Bogota. 125 p.

Spanish, M.I., A. Sanín & F. Marquis. 2003. profile cognoscitivo of exposed to plaguicidas in the sector bananero of Urabá Antioquia. Pan-american organization of the Health, OPS-ISCIII.

Garay, J.TO. et to the. 2001. Diagnostic and evaluation of the marine environmental quality in the Caribbean and Pacific Colombian. Network of caution for the conservation and protection of the quality of the coastal and marine water. Final report 2001. Institute of Coastal and Marine Investigations “José Benito you Live on Andréis”. I take I. I enclose 1. 16 p.

GESAMP. 2001. To be of troubles. IMO/FAO/UNESCO-IOC/ WMO/WHO/IAEA /AN/UNEP Joint Group of Experts on the scientific Aspects of Marine Environmental Protection (GESAMP). Reports and Studies. Not. 70. 35 p.

Department of the Environment. 2000b . Estratégia National of International Technical Cooperation for the Environmental National System. Bogota , 125 p.

Department of the Environment. 2000c . Political National Environmental for the Sustainable Development of the Spaces Oceánicos and the Coastal and Insular Zones of Colombia . Bogota, 110 p.

Department of Environment. Achievements and advances of the environmental management in Colombia. “Environmental Collective project”. Report of Management 1998 – 2002. Department of Environment. Bogota. 347 p.

PNUMA. 1999. Evaluation on terrestrial sources and activities that affect to the coastal, marine middle and of sweet water associates in the region of the Great Caribbean. program of the United Nations for the Environment. Reports and studies of the Program Regional seas. Not. 172. 134 p.

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