Laws that lead to social welfare

In compliance with Article 27 from the Constitution, the Official Gazette published the Agrarian Law (^{DOF, 2012}), in which states that "the agricultural settlement or ejidos have legal personality and its own assets and own of land that has been given to them or which were acquired by any other title (title III, chapter I, article 9). From plot allocation, it is the ejidatario (farmer) right to use and enjoyment of the same, in terms of this Law (third title, chapter II, 3^rd section, article 62)". One of the objectives of the reform to article 27 of the Constitution was to undo the smallholding; however, there is a continuing fragmentation of field surface, so it continues the forest removal for agriculture, without recognizing that it does not have this vocation; low yields obtained invariably lead to abandonment and consequent loss of important natural resources (^{Robles, 2008}).

Such is the case of mangrove areas, where landowners are in the need to fit their small areas to establish pastures allowing them to complement their salary, giving rise to land use change without considering the low potential production of the same. ^{Garcia (2008)} states that deforestation, subsequent drying of groundwater, soil erosion, and overall, the imbalance of ecosystems are some of the consequences of the smallholding.

In addition to the above and considering that population growth demand residential areas and farmland, it is expected to continue with land fragmentation, either inherited or to sell them, and thus the loss of mangrove areas, which implies increasing the vulnerability of coastal areas against climate change.

In this regard and in order to set ground rules for planning and regulate territorial ordinance of human settlements, rise up the Law on Human Settlements (^{DOF, 2012}), which states that it will tend to improve the level and quality of life in urban and rural populations, by linking regional and urban development with social welfare and sustainable socio-economic development, harmonizing the relationship of cities and countryside, and equitably distributing the benefits and burdens of urbanization" (chapter I, article 3, fraction I and II).

However, in Tabasco it has provided land to the population, which has followed a reverse process or attached to the legislative regulation, in response to a slow process of land distribution. As an example it can be mention some common land that are located on the coast and that host mangrove areas: El Alacran, El Sinaloa, El Golpe, and Las Coloradas, from the municipality of Cárdenas; where land allocation decree came after occupation; i.e. there was no prior authorization or permission for land use, as often happens in many occupied lands; according to the statement by children of founders, at the beginning were a few people who settled in the area and organized to request for land allocation to the Governor in turn.

To regulate the exploitation of water, its use or exploitation, distribution and control, as well as preserving its volume and quality, the National Water Law (^{DOF, 2012}) is established, which states that it is of public usefulness the restoration of ecological balance linked with water" (title II, chapter II, article 7, section V). It also mentions that water planning is mandatory for integrated water resources management, conservation of natural resources, ecosystems and the environment (title III, chapter one, section 2^a, Article 15), and in the case of wetlands that are affected, the National Water Commission (CONAGUA) shall have the responsibility to promote and, where appropriate, take the necessary actions and measures to rehabilitate or restore, and set a natural surrounding or protective perimeter of wetland , in order to preserve their hydrological conditions and the ecosystem" (title 7, chapter I, article 86 bis 1, section IV). In contrast to the above it is established that may be granted permits to drain wetlands areas in the case of national waters and national goods at their control, for protection or to prevent damage to public health" (title VII, chapter I, article 86 bis 1, fraction V).

The hydrological flow is a determining factor in mangrove conservation, so its alteration limits the development of the same, stagnant water for long periods causes death of young specimens, the distribution of propagules is limited and therefore natural repopulation; however, in Tabasco PEMEX activities have disrupted water flow due to the installation of pipelines for hydrocarbon extraction, fillings for infrastructure, and road and highways construction. However, SEMARNAT only committed PEMEX to reforest other areas outside the disturbed site, situation that does not guarantee full recovery of the ecosystem or avoids its fragmentation.

The Sustainable Rural Development Law (^{DOF, 2012}), states that "the state will promote a process of social and economic transformation through the promotion of productive activities and social development ensuring optimal use, conservation and improvement of natural resources" (title 1^st, article 4) "to encourage sustainable use of productive natural resources, that allow increasing and diversifying sources for employment and income" (title 1^st, article 7, paragraph V). Thus, as in Tabasco has been driven livestock through support programs such as the livestock program operated by the Ministry of Agriculture, Rural Development, Fisheries and Food; which promotes the growth of cattle area and therefore competition between mangrove areas and pasture.

Likewise has encouraged the production of coconut, which despite being an unprofitable activity ($7 kg^-1 dry copra), is one of the few crops that can grow in the coastal strip, and it is sow more by habit than its profitability; however, both activities counter with that established in Article 11 that says "The actions for sustainable rural development will be performed according to preservation, restoration, sustainable use of natural resources and biodiversity and prevention and environmental impact mitigation criteria"(title 1^st, article 11).

^{Hernández (2009)}, argues that the concept of rural development has ranged from the idea of increasing production, social welfare, sustainability of economic and social processes and to fight poverty, but during this process threatens the conservation of natural resources, coupled to soil properties of mangrove areas are unsuitable for crops, and when this happens it is only possible for a short period of time; cattle use causes mangroves to lose their capacity for self-regeneration due to intense trampling and that cattle feeds on propagules and seedlings from black and white mangrove (^{Ramírez et al., 2010}). The result of both activities is the impoverishment of the soil in which it is difficult for mangrove to be restored naturally, this situation leads to double poverty: social and environmental.

The regulations of the Sustainable Forest Development Law (^{DOF, 2012}), mentions that the Ministry of Environment and Natural Resources (SEMARNAT) and the National Forestry Commission (CONAFOR) shall establish the methodology, criteria and procedures for the integration and update of forest areas (article 13), establishing areas for conservation and restricted or prohibited use: covered areas with mangrove or cloud forest (article 14, paragraph 1, letter e). When SEMARNAT determines the existence of a risk to forest resources in the environment, ecosystems or their components, based on required technical studies will request the completion of the necessary activities to avoid risk (chapter 7, title 5^o. article 135).

In compliance with the regulations of this Law, in Tabasco has been performed the exploitation mangrove as timber in the ejidos La Solución Somos Todos, El Golpe and Francisco Trujillo Gurria that count with forest management programs authorized by SEMARNAT. Flores et al. (2007) consider that the sustainable use of mangrove forest requires forestry techniques with knowledge of load capacities and reforestation. However, in a study performed by CONAFOR (2009) identified that despite forest management plans approved, timber harvesting has not been so regulated as there is no rotation of plots and are extracting struts of up to 5 cm in diameter (CONAFOR proposes that the exploitation begins once the plantation reaches 7 years old, since at that time will reach diameters of 7 to 10 cm), which limits their natural regeneration and favors the development of other vegetation. Currently the Ejido el Golpe has lost 22 ha of mangrove, where deforested areas are those whose geographical location allows easy access to transport the resource, which is a determining factor for some sites to be exploited in a greater degree than those with difficult access.

Added to this, there is that due to the commercial value of mangrove wood incur in illegal logging, which impacts negatively on mangrove population structure because individuals in early stage of physiological maturity are extracted, and marketed as props or scaffolding brackets by the construction industry. This fact shows the limited technical monitoring that has been given to forest management programs, as well as the little surveillance of the authorities; coupled with the ethical conflict of preserving vs exploiting by the local population and consumers of mangrove wood.

Laws that promote the protection of natural resources

After 71 years since the Mexican Constitution was published, the General Law of Ecological Balance and Environmental Protection (^{DOF, 2012}) was ruled, which aims at sustainable use, preservation and, where appropriate, soil, water and other natural resources restoration, in a way that economic benefits and the activities of society with the preservation of ecosystems are compatible (title first, chapter 1, article 1, fraction V). Whereas ecosystems are the common heritage of society and its balance depend on life and productive capacity of the country, the use of renewable natural resources must be such that ensures the presence of diversity and renewability (title first, chapter 3, article 15, section I and VII). Under this context, when oil spills occur there are irregularities in the implementation of this law, in the case of affected mangrove areas the physical and chemical changes undergone by the soil limits its restoration, as to the damages suffered by the society there are weaknesses in the process of negotiating compensation and not so fair (^{Rivera, 2012}).

In addition to this, reforestation processes are performed in different areas to disturbed sites, where there are no conditions for the proper development of the species and there is no technical monitoring to ensure the survival or ecosystem restoration. In this regard, in Mexico the restoration processes are lower than the rate at which natural resources are lost (^{Céspedes-Flores and Moreno-Sánchez, 2010}).

To address this situation has been suggested that the formulation of the ecological regulations (OE) should consider the balance that must exist between human settlements and environmental conditions (title I, chapter IV, section II, article 19, fraction IV). However ^{Oseguera et al. (2010)} consider that OE has not yet been perceived as the instrument by which governments and society can promote programs for sustainable use of the territory in the short, medium and long term; one limitation is the lack of basic information at local level.

In determining the areas for population growth centers, it shall promote the mix of residential uses with productive and preventing to affect areas with high environmental value (title I, chapter IV, section II, article 23, section III).The ecological policy must anticipate growth trends of human settlements, to maintain a good ratio between basis resources and population (title I, chapter IV, section III, article 23, fraction IX). However, the processes of human settlements in Tabasco do not attached to the regulation, since flooded low lands have been filled obstructing water flow.

After the decree of the LGEEPA, issued four regulations: NOM-059-SEMARNAT-2010, determines the species, subspecies of wild flora and fauna, terrestrial and aquatic in danger of extinction and establishing specifications for their protection; NOM-060-ECOL-1994, establishes specifications to mitigate the adverse effects caused on soil and water bodies by logging; NOM-061-ECOL-1994, establishes specifications to mitigate the adverse effects caused to the flora and fauna by logging; and NOM-062ECOL-1994, establishes specifications to mitigate the adverse effects on biodiversity caused by land use change from forest to agriculture land.

Within these specifications highlights the following "in case of finding species of flora and fauna listed in the official Mexican standard to some degree of vulnerability (rare, threatened, endangered, or subject to special protection) will evaluate the possibility to carry out some type of sustainable use of land or other resources, different than land use change, that does not involve local disappearance of these species and their habitat requirements".

In this regard Rhizophora mangle L. (red mangrove), Laguncularia racemosa (L.) Gaertn. F., (white mangrove), Avicennia germinans L. (black mangrove) and Conocarpus erectus L. (button mangrove), are in the category of endangered species; i.e. those that could be in danger of disappearing in the short or medium term, if adverse factors continue operating that adversely affect their viability, by causing deterioration or habitat modification or reduce the size of their populations (normative annex II from NOM-059-SEMARNAT-2010). In this situation, it appears that the social welfare that legislation raises, translate in economic development that puts at risk a fragile system such as mangroves and organisms, which in most cases are part of the diet of local, regional and national population.

Whereas SEMARNAT through the Ecology Law establishes that in order to perform "works or activities in wetlands, mangroves, lagoons, rivers, lakes and estuaries connected to the sea as well as on their shores or federal areas require prior authorization (title I, chapter IV, section V, article 28, section X); NOM-022-SEMARNAT-2003 establishes the specifications for the preservation, conservation, sustainable use and restoration of coastal wetlands in mangrove areas, with the following regulations:

In those areas where the process of degradation or desertification, or serious ecological imbalance, SEMARNAT shall formulate and implement ecological restoration programs for the recovery and restoration of favorable conditions for the development and continuity of natural processes therein developed (title 2^o, chapter II, article 78).

According to the regulation in the above laws, highlights the interest of organizing human population regarding the use of soil, water, and natural resources in an orderly manner; if fulfilled most certainly will reach a balance between exploitation and conservation of natural resources but the opposite is perceived; i.e. does not reflect the implementation of any state or city planning development.

As mentioned by ^{Díaz (2011)}, many of the articles in the different national laws, clearly and precisely state on the care of natural resources in water [mangrove]; however this is not observed or regulated by authority in everyday practice of public policy and social action. In this sense Tabasco has not been the exception, being evident the priority in economic development, putting at risk mangrove area and the diversity of organisms that hosts.