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Killing Nemo: Cyanide threat to tropical fish
By Mari�tte Le Roux, Catherine HOURS
Paris (AFP) June 16, 2016


UK law firm faces payout over missing Trafigura compensation
London (AFP) June 16, 2016 - Thousands of people due payouts over the dumping of toxic waste by oil-trading group Trafigura in Ivory Coast won their English High Court claim against their lawyers on Thursday, having never received their money.

The oil company agreed in 2009 to pay around �30 million ($42.4 million, 38 million euros) to 30,000 people affected by the dumping of caustic soda and petroleum residues in the economic capital Abidjan in 2006.

However, 6,000 of the claimants received nothing after �6 million of the payout was fraudulently withdrawn.

High Court judge Andrew Smith on Thursday ruled that London-based legal firm Leigh Day, who represented the claimants, had been negligent in using an Ivorian bank account to park the lump sum, leaving it open to embezzlement.

"I am extremely pleased for our clients, who have been waiting for seven years to get their compensation," the claimants' lawyer Kalilou Fadiga, from legal firm Harding Mitchell, told AFP after Thursday's ruling.

"It's a victory for natural justice and common sense and a light at the end of the tunnel," added Fadiga, who was representing 4,750 of the claimants.

"They (Leigh Day) should have known before they sent the money that Ivory Coast was quite unstable, it was divided between two warring factions... and by their own admission, they saw signs of rampant corruption."

The �6 million was withdrawn by an organisation claiming to be the victims' representative, but which was in fact a "mechanism to embezzle" with the help of corrupt officials, according to Fadiga.

In his ruling, judge Smith revealed that Leigh Day senior partner Martyn Day had been warned by senior lawyer Daniel Brennan that "once the money goes into the (Ivory Coast) system, it is gone as far as the ordinary people are concerned".

But the legal firm went against advice to distribute the money from a European account.

Fadiga said it was "definitely" a blow for Leigh Day, which has built up a reputation as champion of the underdog after fighting high-profile cases against the British government on behalf of the Kenyan Mau Mau and detainees during the War in Iraq.

"It's a lesson for them," he said.

"Not only should they be going round the world to try to help victims, but they shouldn't take their eyes of the ball about the ultimate goal which is to get compensation to the right people."

A lawyer for the victims also called the firm's initial claim of �105 million in legal costs -- three times more than the compensation awarded to the victims -- "staggeringly high", before a judge reduced the amount.

The amount of compensation to be paid out by the law firm will be decided at a hearing in October, but is excepted to be close to the original claim of around �1,000 per person, or �4.75 million in total.

Many of the real-life Nemos swimming in children's fish tanks were caught using cyanide, according to research published Thursday which flagged the toxic threat to already-stressed corals, the creatures' natural home.

Friday's release of Pixar's "Finding Dory", an animated film about a forgetful blue tang, will likely boost demand for aquarium specimens of the tropical fish, and fuel the poisonous practice used to trap them, a report said.

The movie's prequel, "Finding Nemo", saw more than a million clownfish harvested from tropical reefs, said Craig Downs of the Haereticus Environmental Laboratory in Virginia, a research body which worked on the report with conservation group For the Fishes.

One of the most common, though illegal, ways of capturing the agile swimmers is with cyanide.

"For them to be caught... you squirt cyanide onto a fish or it goes into this cloud of cyanide and it is stunned," Downs said.

The team reported that more than half of the saltwater aquarium fish they bought from US pet stores and wholesalers tested positive for cyanide residue.

They had tested over 100 fish, including blue tangs.

The results would likely be similar in other countries, given that most of the world's aquarium fish come from the same suppliers, Downs told AFP.

Tests on European pet fish will follow next year.

- Huge trade -

What is the lure for poisoners? An ornamental reef fish trade valued at over $1 billion, according to the website of environmental group WWF.

An estimated 300,000 blue tangs alone are traded every year, then sold for as much as 150 euros ($170) apiece.

"The 'Dories', the blue tangs, the ones I purchased, all had, except for one, very high levels" of cyanide residue," said Downs, and "did not survive beyond nine days after purchase".

But worse than customer deception, the practice of cyanide fishing devastates the exotic pets' natural habitat -- coral reefs already assailed by climate change, pollution and ocean acidification.

"A bleached coral has a high possibility of recovering if there's no other pollution stress around it," said Downs.

"But if you throw a cloud of cyanide over a reef to stun all the fish and that coral is bleaching, that reef is dead. It will kill all the coral."

The fish species themselves were not threatened with extinction, he said.

But he added: "In 50 years, there's going to be so few reefs... that most of the fish will probably be put on the endangered species list."

- Difficult to breed -

The species with the highest cyanide exposure was the iridescent Green Chromis -- the world's most traded aquarium fish, the report found.

The 2003 film "Finding Nemo" about a clownfish separated from its family, unleashed massive demand for real, live versions of the tropical beauty.

Wild clownfish populations plunged, prompting much reasearch into farming them instead.

The only way to tackle cyanide fishing, say researchers and commentators, is for consumers to buy cultivated fish instead of wild-caught ones.

"Today, we breed more and more sea fish, including two species that we could not get to reproduce (in captivity) only 10 years ago: the Angelfish and the Humpback grouper," said Pierre Gilles, a biologist at Monaco's Oceanographic Institute.

Blue tangs are difficult to breed in captivity, though this may change if demand skyrockets.

The United States, Europe, Japan and China are the world's top consumers of ornamental fish, said the report, with the Philippines and Indonesia the main suppliers.

The data will be presented to the International Coral Reef Symposium in Hawaii next week, and submitted to a scientific journal for publication later in the year.


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