limma:&a&proposal&for&the&&...
TRANSCRIPT
LIMMA: A Proposal for the Long Island, Bahamas
Marine Management Area
Commissioned by Ocean Crest Alliance
Authored by the Conservation Clinic at the University of Florida, Levin College of Law
2 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
Commissioned By Ocean Crest Alliance
Authored by the Conservation Clinic at the University of Florida, Levin College of Law
Caitlin Pomerance
Juris Doctor Candidate Levin College of Law, University of Florida
Alexis Segal
Legum Magistra Levin College of Law, University of Florida
Tom Ankersen
Director, Conservation Clinic Center for Governmental Responsibility Levin College of Law, University of Florida
Garin Davidson
Lab Manager and Senior GIS Analyst Florida Sea Grant Boating and Waterways Planning Program
University of Florida
December 17, 2013
Conservation Clinic / Levin College of Law / University of Florida 3
LIMMA: Long Island Marine Management Area
EXECUTIVE SUMMARY Long Island, Bahamas hosts terrestrial and marine environments that are rife with biodiversity. Overfishing from both commercial and artisanal fishers, however, have caused a severe decline in Long Island’s fish stocks. This Report includes background information regarding the current status of marine managed area designations in the Bahamas and the domestic and national frameworks in which these areas are formulated. With an eye toward the proposal of the Long Island Marine Managed Area submission (LIMMA), this report will summarize the political, economic and biologic factors that illustrate the qualifications and advantages for selection of the LIMMA as a potential marine protected site by Bahamian decision makers. This Report includes:
• A brief description of domestic (Bahamian) and international legal and policy frameworks for Marine Managed Areas
• The protocols for Rapid Environmental Assessment and next steps in the LIMMA
selection process
• The current status of The Bahamas marine managed areas
• A brief description of current and potential domestic and international stakeholders of LIMMA
• The economic framework for LIMMA
• A detailed map of the pertinent area and resources
• A detailed map of the national parks of The Bahamas
• A current fisheries regulations chart that includes regulations governing The Bahamas
4 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
TABLE OF CONTENTS Introduction Section 1 MPA as Biodiversity and Fisheries Management Tool Section 2 MPAs in the Bahamas 2.1 Current Status of MPAs in The Bahamas 2.2 MPA’s Role in the Greater Caribbean: The Caribbean Challenge 2.3 Domestic Case Study: Exuma Cay Section 3 International Agreement about MPAs 3.1 The United Nation’s Convention on Biological Diversity 3.2 The Programme of Work on Protected Areas 3.3 The Caribbean Challenge Initiative 3.4 The Global Environment Facility 3.5 The Caribbean Large Marine Ecosystem Project Section 4 Domestic Law and Policy about MPAs 4.1 Fisheries Resources (Jurisdiction and Conservation) Act 4.2 Fisheries Resources (Jurisdiction and Conservation) Regulations 4.3 The Bahamas National Trust Act 4.4 Agriculture and Fisheries Act 4.5 The Master Plan for The Bahamas National Protected Area System 4.6 The Bahamas Marine Reserve Network 4.7 The National Invasive Species Strategy 4.8 The Caribbean Biodiversity Fund 4.9 The National Biodiversity Strategy Action Plan of The Bahamas
Conservation Clinic / Levin College of Law / University of Florida 5
LIMMA: Long Island Marine Management Area
Section 5 Resources at the LIMMA 5.1 Mangrove Ecosystem 5.2 Blue Holes Ecosystem 5.3 Reproduction Site of Nassau Grouper Section 6 Current and Potential Stakeholders of the LIMMA 6.1 National Implementation Strategy Partnership 6.2 The Bahamas National Trust 6.3 The Nature Conservancy 6.4 Bahamas Environment Science & Technology Commission 6.5 Ocean Crest Alliance 6.6 Department of Marine Resources 6.7 College of The Bahamas 6.8 Bahamas Reef Environment Educational Foundation 6.9 Enforcement Mechanisms 6.10 Miscellaneous Section 7 Recommendations Section 8 Conclusion
6 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
TABLE OF APPENDICES Appendix 1 A flowchart illustrating the process to propose and establish a Marine
Management Area in The Bahamas, created by TNC Appendix 2 A chart detailing fisheries regulations for The Bahamas Appendix 3 A map of all national parks currently managed by the BNT Appendix 4 A map Long Island, Bahamas
Conservation Clinic / Levin College of Law / University of Florida 7
LIMMA: Long Island Marine Management Area
LIST OF ACRONYMS
BEST Bahamas Environment Science & Technology Commission BNT The Bahamas National Trust BREEF Bahamas Reef Environment Educational Foundation CBD Center for Biological Diversity CBF Caribbean Biodiversity Fund CCI Caribbean Challenge Initiative CLME The Caribbean Large Marine Ecosystem Project COB College of The Bahamas COP Conference of Parties DMR Department of Marine Resources ECLSP Exuma Cays Land and Sea Park GEF Global Environment Facility GRAMED Global and Regional Assessments of the Marine Environment Database IOC Intergovernmental Oceanographic Commission IUCN International Union for Conservation of Nature and Natural Resources LIMMA Long Island Marine Management Area MMA Marine Management Area MPA Marine Protected Area NBSAP National Biodiversity Strategy Action Plan NISP National Implementation Strategy Partnership NISS The National Invasive Species Strategy NPATF National Protected Area Trust Funds OCA Ocean Crest Alliance POWPA The Programme of Work on Protected Areas REA Rapid Environmental Assessment SBSTTA Subsidiary Body on Scientific, Technical and Technological Advice TNC The Nature Conservancy UNDP United Nations Development Program UNESCO United Nations Educational, Scientific and Cultural Organization
8 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
INTRODUCTION Ocean Crest Alliance (OCA) in conjunction with The Nature Conservancy (TNC) and the Bahamas National Trust (BNT) is dedicated to creating a 350,300-‐acre Marine Management Area on the west side of Long Island, Bahamas, which will include a research station and permanent wardens. The proposed Long Island Marine Management Area (LIMMA) will include wetland systems, blue holes, reefs, sand bars, coral wall formations, and a diverse bank, which represents Long Island’s range of marine habitats and biota. OCA has worked closely and extensively with BNT and TNC to increase locals and tourists’ awareness about the repair and protection of the Bahamian environment. The potential designation of the LIMMA would further both Bahamian and international biodiversity conservation goals, increase local population wellbeing and aid in the recovery of depleted fisheries which continue to be jeopardized by a variety of factors, including overexploitation, global climate impacts and pollution. This consultancy report serves as a reference and introduction to LIMMA stakeholders who have limited knowledge about the biological importance of Marine Protected Areas (MPA)1, the international and national policy drivers behind the establishment of MPAs in The Bahamas, and the relevant stakeholders involved in creating the proposed LIMMA. Accordingly, this report provides an overview of: (1) the use of MPAs as a biodiversity and fisheries management tool, (2) the current status of MPAs in The Bahamas and the role of MPAs in the Greater Caribbean, including a domestic case study of Exuma Cay; (3) the international agreements about MPAs that influence the LIMMA; (4) the domestic law and policy about MPAs that influence the LIMMA; (5) the biodiversity, natural resources, and current and potential stakeholders of the LIMMA; and (6) recommendations to the LIMMA stakeholders that will promote the implementation of a LIMMA, including recommendations for implementing LIMMA’s research station.
1 Terms such as Marine Protected Area, Marine Management Area and Marine Reserve Zone are often used interchangeably.
Conservation Clinic / Levin College of Law / University of Florida 9
LIMMA: Long Island Marine Management Area
SECTION 1: MPA AS BIODIVERSITY AND FISHERIES MANAGEMENT TOOL An increasingly favored marine management tool to address many of the challenges (especially human derived) faced by imperiled marine ecosystems, Marine Protected Areas (MPA) impose varying levels of restriction on human interface as a fisheries management or biodiversity conservation strategy, and in some instances both2. By restricting access, type, quantity or harvest technique of marine resources by humans, MPAs are designed to reduce threats from overfishing, pollution, physical destruction and development 3 . Although MPA design and implementation may vary, their common thread is designation of “management interventions that are spatially organized”4. As defined by the IUCN, MPAs are: “…intertidal or subtidal terrain, together with its overlying water and associated flora, fauna, historical and cultural features, which has been reserved by law or other effective means to protect part of all of the enclosed environment.”5 Among the array of benefits bestowed by MPAs are economic and ecological benefits, as identified by the 1993 Dixon study of Bonaire Marine Park, such as: 1) support for economic development and job creation, 2) increased protection for genetic diversity and biodiversity of marine resources and 3) opportunities for scientific research, ecological monitoring and education6. A notable distinction between marine managed or protected zones and their terrestrial counterparts is the marine ecosystem’s relatively high degree of interdependence on the terrestrial components of a protected coastal area. All terrestrial activities affect the estuarine and marine environment and thus should be considered when creating boundaries for marine protected areas7 . Best management practices often integrate management of coastal areas as a necessary component of comprehensive coastal-‐area and marine management; especially in areas where an entire island lies within a coastal zone8. Often, MPAs have a direct impact on local fishing communities who depend on the adjacent marine resources for subsistence, commercial uses and cultural ties to the region. As such, the success rate of MPAs often hinge on the management integration and support of the local fishing communities 9 . If these communities do not perceive fishery benefits
2 Lester, S.E., Halpern, B.S. (2008), Biological Responses in Marine No-‐Take Reserves versus Partially Protected Areas. Marine Ecology Progress Series, 367: 49-‐56. 3 Christie, P., White, A.T. (2007), Best Practices for Improved Governance of Coral Reef Marine Protected Areas. Coral Reefs 26:1047 – 1056; Lester, S.E., Halpern, B.S. (2008), Biological Responses in Marine No-‐Take Reserves versus Partially Protected Areas. Marine Ecology Progress Series, 367: 49-‐56. 4 Id. 5 From Christie 2007, Resolution 17.38 of the IUCN general assembly [1988] reaffirmed in Resolution 19.46 [1994] 6 Dixon, J. A., Scura, L. F., & Van’t Hof, T. (2000). An economic and ecological analysis of the Bonaire Marine Park. Collected essays on the economics of coral reefs. 7 Id. 8 Christie, P., White, A.T. (2007), Best Practices for Improved Governance of Coral Reef Marine Protected Areas. Coral Reefs 26:1047 – 1056; Lester, S.E., Halpern, B.S. (2008), Biological Responses in Marine No-‐Take Reserves versus Partially Protected Areas. Marine Ecology Progress Series, 367: 49-‐56. 9 Russ, Garry R., Angel C. Alcala, Aileen P. Maypa, Hilconida P. Calumpong, and Alan T. White (2004), MARINE RESERVE BENEFITS LOCAL FISHERIES. Ecological Applications 14:597–606.
10 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
immediate to the protected area, studies have shown they are far less likely to support MPAs as a fishery management tool10. The ways in which MPAs shape the rights of resource users serves an indicator of social well-‐being and serve to influence local stakeholder support for MPA development and management11. Additionally, studies have shown that consideration of local socioeconomic factors and development of locally appropriate adaptive regulations are essential to improve management regimes in order to conserve and sustainably utilize resources12. A key ingredient for successful MPA implementation is the coordination of all relevant stakeholders ranging from the small-‐scale subsidence fishers to commercial fishing interests. The 2003 study by Halpern and Warner list three criteria to increase successful marine reserve implementation while benefiting a spectrum of impacted stakeholders: 1) Educating stakeholders about the benefits and limitations of marine reserves as a management tool be an integral part of designing reserve networks; 2) the goals for a reserve be clearly outlined at establishment; and 3) monitoring programs be used to assess goal attainment and help to guide future modifications to the system as needed13.
10 Id. 11 Mascia, M. B., Claus, C. A. and Naidoo, R. (2010), Impacts of Marine Protected Areas on Fishing Communities. Conservation Biology, 24: 1424–1429. 12 McClanahan, T.R., Marnane, M.J., Cinner, J.E., and Kiene, W.E. (2006), A Comparison of Marine Protected Areas and Alternative Approaches to Coral-‐Reef Management. Current Biology 16, 1408 – 1413. 13 Halpern, Benjamin S., Warner, Robert R. (2003), Matching Marine Reserve Design to Reserve Options. Biological Sciences, Vol 270, No. 1527.
Conservation Clinic / Levin College of Law / University of Florida 11
LIMMA: Long Island Marine Management Area
SECTION 2: MPAS IN THE BAHAMAS The Bahamas hosts numerous MPAs, which serve a valuable function in the Greater Caribbean as part of The Caribbean Challenge Initiative (CCI). This section will provide an overview of the current status of MPAs in The Bahamas, their relationship with the CCI, and The Bahamas oldest MPA in Exuma Cay. 2.1. Current Status of MPAs in The Bahamas Home to the world’s third largest barrier reef, Andros Barrier Reef, and an estimated 14.5% of the world’s coral, the approximately 700 islands that comprise the Bahamas is rife with biodiversity. Across the Caribbean region, the annual values of coral reefs totals at least $4 billion and healthy fisheries approximately $400 million in revenues14. Under Section 13 of the Fishery Resources (Jurisdiction and Conservation) Act of 1977, the Minister has the authority “to declare any area of the waters within the exclusive fishery zone whether alone or together with any area of land adjacent to such water to be a protected area.” Such declarations “may prohibit fishing for any fishery resource whatever or for any fishery resource specified in the order.” The exclusive fishery zone is the line 200 miles from the baseline from which the territorial sea is measured.15 Please refer to Appendix 1 for a flowchart illustrating the process to propose and establish a Marine Management Area in The Bahamas created by TNC. In addition to the Fisheries Resources (Jurisdiction and Conservation) Act of 1977, The Bahamas also passed the Fisheries Resources (Jurisdiction and Conservation) Regulations of 1986, which provides detailed limitations on the taking of fisheries resources for locals and foreigners as well as form permit applications. Please refer to Appendix 2 for a chart detailing these fisheries regulations. 2.2. MPA’s Role in the Greater Caribbean: The Caribbean Challenge Caribbean Challenge16: Under the Caribbean Challenge initiative, nine countries to date have committed to set up national systems of marine and coastal protected areas that cover at least 20% of their near-‐shore marine/coastal environment. Participating countries include: The Bahamas, British Virgin Islands, Dominican Republic, Grenada, Jamaica, Puerto Rico, Saint Kitts & Nevis, Saint Lucia and Ste. Vincent & the Grenadines. This will require comprehensive and effective national systems that include new financial mechanisms to ensure long-‐term, sustainable funding for protected area systems. A first step toward reaching this goal is the creation and implementation of Master Plans for the protected area systems. The Bahamas is one of the first countries to complete the drafting of its master plan (as of August 2011). Master Plans serve as “blueprints for action” toward achieving effective national systems of protected areas in each country, developed collaboratively by the major stakeholders. The Master Plans serve to identify new areas
14 The Nature Conservancy August 1, 2011 report 15 Fishery Resources Act (Jurisdiction and Conservation) of 1977 16 Section citation: August 1, 2011 Caribbean Challenge Initiative Report
12 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
that need to be declared, define additional funding, outline training and capacity building and policy actions that are imperative to manage the protected systems.
Support from the international community has aided the Caribbean Challenge. Four grants totaling $20 million has been awarded by the GEF to support the implementation of the Caribbean Challenge. Grant recipients included, The Bahamas, Dominican Republic, Eastern Caribbean and Jamaica. A solid step forward in the design of a sustainable financial architecture is the establishment of the Caribbean Biodiversity Fund (CBF), which is a large-‐scale, independent regional endowment fund. The initial endowment slated to be $40 million, was mainly bestowed by funds from Germany, the GEF and TNC (totaling $32 million). Endowment funds are then to be invested in a conservative portfolio and annual returns will serve to populate independent national areas of the participating countries in the Caribbean Challenge; efforts are underway to set up the NPTAFs.
For each of the individual nine countries, work must continue to declare new sites, develop management plans and establish effective management programs that address major threats as well as increase benefits to local stakeholders. Threats common to fisheries throughout The Bahamas include over-‐exploitation by foreign commercial vessels, lack of enforcement of existing fisheries regulations and anthropogenic causes such as pollution and climate change impacts. 2.3. Domestic Case Study: Exuma Cay The Bahamas National Trust (BNT), established in 1959 as a statutory, non-‐governmental, self-‐funded organization, manages the system of national parks and reserves in the Bahamas. Evidence that the reserves are working is seen in the Exuma Cays Land & Sea Park no-‐take fisheries replenishment area, which supports a 31 times greater concentration of conch than outside the park. Spillover effects have been shown with the park providing several million conchs per year to outside areas. Grouper tagged in the park have been caught as far as 240km away, and tagged lobsters replenish Cat Island, which is 110km away. These successes encouraged the Bahamas Government in 2000 to increase the size of protected areas by 20%, with the boundaries extending seaward 200m. The Government also increased the number of no-‐take reserves to 6, covering roughly 4% (800km squared) of the country’s marine environment, with the creation of 5 new no-‐take areas (North Bimini, the Berry Islands, South Eleuthra, the Exuma Cays, and the Northern Abaco Cays). In April 2002, 10 new national parks were established17. The Exuma Cays Land and Sea Park (ECLSP), covering 442 km 2 in the central Bahamas, was established in 1958 and closed to fishing in 1986, making it one of the first and largest marine reserves or 'no-‐take' zones in the western Atlantic. The ECLSP is ideally situated between small-‐scale developments in the northern and southern Exuma Cays and encompasses a diversity of contiguous shallow-‐water habitats from the Great Bahama Bank to the eastern platform margin in Exuma Sound. Scientific investigations during the past decade have compared queen conch, spiny lobster, and grouper resources in the ECLSP to those in adjacent fished areas and have demonstrated greater species diversity, density, biomass, potential 17 Jones, L., Warner, G., Linton, D., Alcolado, P., Claro-‐Madruga, R., Clerveaux, W., ... & Wild, R. (2004). Status of coral reefs in the Northern Caribbean and Western Atlantic node of the GCRMN.
Conservation Clinic / Levin College of Law / University of Florida 13
LIMMA: Long Island Marine Management Area
reproductive output, and larval densities for these species. The lack of historical data limits determination of whether closure to fishing has resulted in increases in these attributes over time, but available data strongly support the contention that the ECLSP has significantly greater spawning-‐stock biomass of various organisms because of protection from fishing. Although evidence is strong that the ECLSP is an important source of larvae to adjacent areas in the Exuma Sound ecosystem, few data show adult emigration to fished areas. Some target species outside the reserve may have declined, and because the ECLSP probably depends on larval transport from upcurrent areas, awareness is growing that this reserve will not be successful in isolation. Experiences in the ECLSP suggest that marine reserves will be most successful if they contain contiguous habitats from bank to deeper shelf (>30 m) environments, minimize threats such as coastal development, and provide protection of unique features such as spawning aggregations18.
18 Chiappone, M., & Sullivan Sealy, K. M. Marine reserve design criteria and measures of success: lessons learned from the Exuma Cays Land and Sea Park, Bahamas.
14 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
SECTION 3: INTERNATIONAL AGREEMENTS ABOUT MPAS This section provides a brief description of the international legal and policy framework relevant to establishing an MPA and LIMMA. 3.1. The United Nation’s Convention on Biological Diversity (CBD) The CBD is an international treaty with three main objectives: (1) the conservation of biological diversity, (2) the sustainable use of the components of biological diversity, and (3) the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. Ratified by The Bahamas, the CBD entered into force on 29 December 1993.19 The Conference of the Parties (COP) is the governing body of the CBD that advances implementation of the CBD through its decisions at periodic meetings, the first of which was held in Nassau, Bahamas. 20 The Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) also meets regularly and provides the COP with advice regarding the implementation of the CBD.21 3.2. The Programme of Work on Protected Areas (PoWPA) The Parties to the United Nations Convention on Biological Diversity (CBD) adopted PoWPA in February 2004.22 Endorsed by The Bahamas, PoWPA articulates the most comprehensive and specific protected area commitments ever made by the international community. 23 PoWPA also provides a globally accepted framework for creating comprehensive, effectively managed and sustainably funded national and regional protected area systems around the globe.24 PoWPA required Ecological Gap Analyses on the national and regional levels by 2006 in order to assess the extent to which a protected area system meets the protection goals set by the national or region to represent its biological diversity.25 Considered a “blueprint” for the creation and management of protected areas, 26 PoWPA includes 4 programme elements: (1) Direct Actions for Planning, Selecting, Establishing, Strengthening and Managing, Protected Area Systems and Sites; (2) Governance,
19 List of Parties, Convention on Biological Diversity, available at: http://www.cbd.int/convention/parties/list/default.shtml. 20 Conference of the Parties, Convention on Biological Diversity, available at: http://www.cbd.int/cop/default.shtml. See also Article 23 of the CBD, which establishes the COP. 21 Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA), Convention on Biological Diversity, available at: http://www.cbd.int/sbstta/default.shtml. See also Article 25 of the CBD, which establishes the SBSTTA. 22 The full Programme of Work on Protected Areas is available at: http://www.cbd.int/protected/pow/learnmore/intro. 23 The CBD Programme of Work on Protected Areas and progress in its implementation, Convention on Biological Diversity, Available at: http://www.cbd.int/protected/overview/. 24 Protected areas are the cornerstones of biodiversity conservation, Convention on Biological Diversity, Available at: http://www.cbd.int/protected/default.shtml. 25 Ecological Gap Analysis, Convention on Biological Diversity, available at: http://www.cbd.int/protected-‐old/gap.shtml. 26 Id.
Conservation Clinic / Levin College of Law / University of Florida 15
LIMMA: Long Island Marine Management Area
Participation, Equity and Benefit Sharing; (3) Enabling Activities; and (4) Standards, Assessment, and Monitoring.27 All programme elements emphasize using an ecosystem approach to designing and managing protected areas, which may require significant international cooperation.28 In 2004, the Conference of the Parties (COP) established an Ad Hoc Open-‐ended Working Group on Protected Areas that evaluates the progress of the PoWPA and provides recommendations to the COP for improved implementation of the PoWPA, including options for mobilizing financial resources for its implementation.29 3.3. The Caribbean Challenge Initiative (CCI) Launched in 2008, the CCI is an effort of the Insular Caribbean to protect and manage the marine and coastal resources of the region. As part of the CCI, The Bahamas has committed to set up a national system of marine and coastal protected areas that cover at least 20% of their near-‐shore marine and coastal environments by 2020, also known as The Bahamas 2020 Declaration. 30 Through its 2020 Declaration, The Bahamas announced its commitment to the CCI and implementation of PoWPA.31 The 2020 Declaration also established the national goal of reversing a decline in endemic and endangered species.32 The CCI has ignited the need for a new financial architecture to support the international effort. A centerpiece of this new financial architecture is the Caribbean Biodiversity Fund (CBF), a large-‐scale, independent, regional endowment fund that includes funds mobilized by TNC and the GEF.33 Participating governments will establish individual national-‐level conservation trust funds, such as The Bahamas Protected Area Fund, to supplement the regional income.34 3.4. The Global Environment Facility (GEF) Established in 1991, the GEF serves as the financial mechanism of the CBD and is the largest public funder of projects to improve the global environment. 35 Although originally
27 Programme of Work on Protected Areas, Convention on Biological Diversity, available at: http://www.cbd.int/protected/pow/learnmore/intro. 28 Protected areas are the cornerstones of biodiversity conservation, Convention on Biological Diversity, Available at: http://www.cbd.int/protected/default.shtml. 29 Ad Hoc Open-‐ended Working Group on Protected Areas, Convention on Biological Diversity, available at: http://www.cbd.int/convention/wgpa.shtml. 30 As of 2011, nine countries, including The Bahamas, British Virgin Islands, Puerto Rico, Dominican Republic, Grenada, Jamaica, St. Kitts & Nevis, St. Lucia, and St Vincent & the Grenadines, have committed to the CCI and 20% by 2020 goal. Caribbean Challenge Summary, Convention on Biological Diversity, 1 August 2011, available at: www.cbd.int/database/attachment/?id=1364. 31 GEF, p. 7. 32 Dave Gershman, Julia Wondoleck and Steven Yaffee, Bahamas Marine Reserve Network, University of Michigan Ecosystem Management Initiative, available at: http://webservices.itcs.umich.edu/drupal/mebm/?q=node/10. 33 Caribbean Challenge Summary, Convention on Biological Diversity, 1 August 2011, available at: www.cbd.int/database/attachment/?id=1364. See also Eastern Caribbean, Making Progress for Protected Areas, The Nature Conservancy, available at: http://www.nature.org/ourinitiatives/regions/caribbean/easterncaribbean/caribbean-‐biodiversity-‐fund.xml. 34 Id. 35 What is the GEF, Global Environment Facility, available at: http://www.thegef.org/gef/whatisgef.
16 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
partnered with the United National Development Programme, the United Nations Environment Program, and the World Bank, the GEF is now considered an independent organization.36 Since 1994, however, the World Bank has served as the Trustee of the GEF Trust Fund and provided administrative services to the GEF.37 The GEF provides grants for projects related to biodiversity, such as MPAs, and is currently implementing a project titled “Building a Sustainable National Marine Protected Area Network: The Bahamas.”38 This $10 million project aims to build a Sustainable National Marine Protected Area Network for The Bahamas that will enable The Bahamas to meet its commitments under PoWPA. The project also aims to develop a sustainable financial mechanism for The Bahamas National Protected Area System that may be replicated for other protected area systems globally.39 Lastly, the project design incorporates climate change and its impact on biodiversity and natural resource conservation.40 3.5. The Caribbean Large Marine Ecosystem Project (CLME) The CLME aims to strengthen the management of the shared living marine resources of the Wider Caribbean.41 Funded by the GEF, the CLME is implemented by the United Nations Development Programme (UNDP) and the Intergovernmental Oceanographic Commission (IOC) of the United Nations Educational, Scientific and Cultural Organization (UNESCO).42 Recently, the CLME established its Information Management System & Regional Ecosystem Monitoring Program (IMS/REMP) online portal, which may be found at http://clmeims.gcfi.org.43 This online portal provides references and links to sources of reliable, up-‐to-‐date date information concerning marine resources and their governance.44 Specifically, the site includes links to biodiversity organizations, monitoring programs, sources of traditional information, ocean experts, fisheries publications, discussion boards, spiny lobster management, Global and Regional Assessments of the Marine Environment Database (GRAMED) assessments, and other ocean-‐related data.45
36 Id. 37 Id. 38 Bahamas: Building a Sustainable National Marine Protected Area Network, Proposed Project Document, Global Environment Facility (2009), the full proposed project document is available at: http://www.thegef.org/gef/sites/thegef.org/files/repository/Bahamas-‐Marine%20Protected%20Area%20Network.pdf. 39 Building a Sustainable National marine Protected Area Network: The Bahamas, project summary, Global Environment Facility, available at: http://www.unep.org/dgef/Portals/43/publications/UNEP%20GEF-‐Investing%20in%20our%20planet%20Biodiversity%20Story4%20lores.pdf. 40 Id. 41 The Caribbean Large Marine Ecosystem project launches new Information Management System, Intergovernmental Oceanographic Commission, available at: http://www.unesco.org/new/en/natural-‐sciences/ioc-‐oceans/single-‐view-‐oceans/news/the_caribbean_large_marine_ecosystem_project_launches_new_information_management_system/. 42 Id. 43 Id. The IMS/REMP portal is available online at: http://clmeims.gcfi.org. 44 Id. 45 The IMS/REMP portal, available online at: http://clmeims.gcfi.org
Conservation Clinic / Levin College of Law / University of Florida 17
LIMMA: Long Island Marine Management Area
SECTION 4: DOMESTIC LAW AND POLICY ABOUT MPAS This section provides a brief description of the domestic law and policy relevant to establishing an MPA in The Bahamas. 4.1. Fisheries Resources (Jurisdiction and Conservation) Act In 1977, Parliament passed the Fisheries Resources (Jurisdiction and Conservation) Act, which implemented a conservation and management plan for Bahamian fishery resources.46 The Act also established the exclusive fishery zone, which extends Bahamian jurisdiction over fishery resources to 200 miles from the baseline of the territorial sea.47 Under the Act, the Minister has authority to declare any area of the waters within the exclusive fishery zone as a protected area.48 The protected area may also include any area of land adjacent to the area of water designated as a protected area.49 Declarations of protected areas are made by order and may prohibit fishing for any fishery resource.50 Any person who breaches the Minister’s order is subject to a fine of $5,000, 6 months imprisonment, or both.51 4.2. Fisheries Resources (Jurisdiction and Conservation) Regulations In 1986, Parliament passed the Fisheries Resources (Jurisdiction and Conservation) Regulations, which provides detailed limitations on the taking of fishery resources and form permit applications. 52 The Regulations are frequently amended and should be checked regularly.53 The Regulations limit what devices may be used for fishing within the exclusive fishing zone and provide specific limitations for fishing coral, 54 crawfish, 55 conch, 56 marine turtles,57 bone fish,58 grouper,59 rockfish,60 stone crab,61 marine mammals,62 sponges,63 migratory fish,64 billfish,65 and demersal fish.66 46 Fisheries Resources (Jurisdiction and Conservation) Act, Chapter 244, Sections 1 through 24, 1977. The Fisheries Resources (Jurisdiction and Conservation) Act may be found online at: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1977/1977-‐0013/FisheriesResourcesJurisdictionandConservationAct_1.pdf. 47 Id. at §§ 4 and 5. 48 Id. at § 13 (1). 49 Id. 50 Id. at § 13(2). 51 Id. at § 13(3), 21(2). 52 Fisheries Resources (Jurisdiction and Conservation) Regulations, Chapter 244, 1986. The Fisheries Resources (Jurisdiction and Conservation) Regulations may be found online at: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1986/1986-‐0010/FisheriesResourcesJurisdictionandConservationRegulations_1.pdf. 53 The Fisheries Resources (Jurisdiction and Conservation) Regulations were amended in 1988, 1993, 1995, 1997, 2003, 2005, 2006, 2007, 2008, and 2009. 54 Fisheries Resources (Jurisdiction and Conservation) Regulations at Part I, Section 12. 55 Id. at Part II. 56 Id. at Part III. 57 Id. at Part IV. 58 Id. at Part V.
18 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
Please refer to the chart detailing the fisheries regulations attached as Appendix 2. 4.3. The Bahamas National Trust Act With the passing of The Bahamas National Trust Act in 1959, Parliament established The Bahamas National Trust (BNT), a body with the power to purchase, take, hold, deal with and dispose of lands, including submarine areas.67 The Act’s purpose is to promote the permanent preservation of Bahamian land and sea areas for the benefit and enjoyment of The Bahamas.68 Accordingly, the BNT has the authority to declare submarine areas “lands proper to be held for the benefit of The Bahamas” and, therefore, inalienable.69 The Act also permits the BNT to raise money,70 charge admission to its property,71 and make, revoke or alter the bylaws associated with BNT lands.72 Under its bylaws, the BNT may prohibit the taking of marine plants and fish as well as prohibit the use of traps, nets, and spears.73 The BNT may appoint as many officers or wardens that the BNT deems necessary to protect the Trust property and enforce the bylaws.74 Penalties for violation of the BNT’s bylaws may not exceed $500, may include the confiscation of chattels, and may not include imprisonment.75 4.4. Agriculture and Fisheries Act The Agriculture and Fisheries Act permits the Minister responsible for agriculture to define protected areas.76 Section 4.5. The Master Plan for The Bahamas National Protected System The NISP Partners have collaborated since 2004 to complete the Master Plan for The Bahamas National Protected Area System (Master Plan).77 The Master Plan established the
59 Id. 60 Id. 61 Id. at VI. 62 Id. at VII. 63 Id. at Part VIII. 64 Id. at Part X. 65 Id. 66 Id. 67 The Bahamas National Trust Act, Chapter 391, Section 3 (1959). The Bahamas National Trust Act may be found online at: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1959/1959-‐0021/TheBahamasNationalTrustAct_1.pdf. 68 Id. at § 4(1). 69 Id. at § 14. 70 Id. at § 15. 71 Id. at § 16. 72 Id. at § 24. 73 Id. 74 Id. at § 25. 75 Id. at § 24. 76 Agriculture and Fisheries Act, § 4(a) 77 GEF, P 19.
Conservation Clinic / Levin College of Law / University of Florida 19
LIMMA: Long Island Marine Management Area
overall framework for implementing MPAs throughout The Bahamas and was developed based on the goals of PoWPA.78 Eleanor Phillips, from the TNC, has been leading efforts towards implementation of the Master Plan, which ensures The Bahamas will surpass its commitment to CCI.79 Section 4.6. The Bahamas Marine Reserve Network Lead by Department of Marine Resources, The Bahamas federal government is working toward creating a series of marine reserves throughout The Bahamas to preserve biodiversity and commercially harvested fisheries.80 The Department of Marine Reserves has stated that the Bahamas Marine Reserve Network strives to enhance fisheries production and management, long-‐term protection for the marine biodiversity of The Bahamas, non-‐intrusive human activities like underwater exploration and nature tours, and opportunities for scientific research that may directly benefit The Bahamas.81 In 2000, the government announced that five no-‐take areas would be implemented as part of the Bahamas Marine Reserve Network. These locations included areas near Abaco, Berry Islands, Exuma Cays, North Bimini, and South Eleuthra/Long Island.82 As a result, one marine reserve has been designated at North Bimini Island.83 In 2009, however, marine advocates at the Bimini Biological Field Station reported that specific regulations and boundaries governing the marine reserve were still in the process of being defined.84 4.7. The National Invasive Species Strategy (NISS) Developed in 2003, NISS assessed the existing mechanisms in The Bahamas that address invasive species.85 NISS aimed to increase public awareness and involvement in the process of invasive species management and held numerous stakeholder consultations throughout the NISS development process.86 Invasive species that pose threats to native biodiversity are identified in NISS.87 One of the most notorious and harmful marine species that has entered Bahamian waters is the Lionfish (Pterois volitans).88 The Lionfish feed on commercially important juvenile and adult fish species, such as the Nassau grouper (Epinephelus striatus).89 78 GEF, P 32. 79 Bahamas MPA Expansion, Waitt Foundation, available at: http://waittfoundation.org/bahamas-‐marine-‐protection-‐expansion. 80 Dave Gershman, Julia Wondoleck and Steven Yaffee, Bahamas Marine Reserve Network, University of Michigan Ecosystem Management Initiative, available at: http://webservices.itcs.umich.edu/drupal/mebm/?q=node/10. 81 Id. 82 Id. 83 Id. 84 Id. 85 GEF, P 14. 86 Id. 87 GEF, P 11. 88 Id. 89 Id.
20 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
4.8. The Caribbean Biodiversity Fund (CBF) Funded by the GEF, German Development Bank (KfW), TNC, and World Bank, the CBF is a five-‐year grant to promote the development of long-‐term sustainable finance mechanisms and management of protected areas in the Caribbean.90 While the CBF applies to the greater Caribbean region, each country is also developing or has developed their own National Conservation Trust Fund.91 The Bahamas’s national fund is the Bahamas Protected Areas Fund.92 4.9. The National Biodiversity Strategy Action Plan of The Bahamas (NBSAP) Completed in 1999, the NBSAP outlined the long-‐term goal of The Bahamas to promote sustainability in the Bahamian environment and society as a means to conserving biodiversity.93 The NBSAP provides an overview of the role that biodiversity plays in the social and economic well-‐being of The Bahamas and recommends steps that need to be taken to ensure that biodiversity is conserved as economic development continues.94 Forward thinking, the NBSAP incorporates how climate change will impact biodiversity and conservation of marine resources.95 Seven out of nine actions developed and designed to conserve biodiversity as part of the NBSAP have been completed or are in process.96 The seven actions include: (1) formulation of the BEST Commission as an environmental advisory body to the GOB; (2) establishment of a National Biodiversity Task Force that is not called the National Biodiversity Committee; (3) Completion of a National Consultative Process in order to develop the NBSAP; (4) Planning for a system of national parks and protected areas; (5) development of monitoring and evaluation methodologies; (6) protection and rehabilitation of threatened or degraded ecosystems and of threatened species; and (7) preparation of bioregional guidelines, position papers and policy statements.97
90 Easter Caribbean: Making Progress for Protected Areas, The Nature Conservancy, available at: http://www.nature.org/ourinitiatives/regions/caribbean/easterncaribbean/caribbean-‐biodiversity-‐fund.xml. 91 Caribbean: The Caribbean Challenge Initiative, The Nature Conservancy, available at: http://www.nature.org/ourinitiatives/regions/caribbean/caribbean-‐challenge.xml. 92 More information about The Bahamas Protected Areas Fund may be found at: http://www.bahamasprotected.com. 93 GEF, P 14. 94 Id. 95 What We Do, The Bahamas Protected Areas Fund, available at: http://www.bahamasprotected.com. 96 GEF, P 14. 97 Id.
Conservation Clinic / Levin College of Law / University of Florida 21
LIMMA: Long Island Marine Management Area
SECTION 5: RESOURCES AT THE LIMMA The proposed site for the Long Island Marine Management Area (LIMMA) contains invaluable ecosystems and fish stocks, including mangroves, blue holes and Nassau grouper spawning regions. 5.1. Mangrove Ecosystem As a transition zone between terrestrial and marine habitats, mangroves provide vital habitat for juvenile fish, juvenile spiny lobster, Queen Conch, Nassau Grouper, Snapper, bonefish, and other species. Mangroves have fewer large predators than coral reefs, which assist the development of marine species to the point of reproductive maturity. 98 Studies have demonstrated how mangroves play a vital role in maintaining a higher biomass of fish on reefs.99 For instance, the biomass of commercially important species in the Caribbean is more than doubled when the adult reef habitat is connected to mangroves100 and 80% of marine life eaten spends some portion of its life in the mangroves and seagrass beds.101 Mangroves provide valuable shoreline protection and prevent erosion from storms.102 Additionally, mangroves act as filters, collecting debris and silt produced from run off during heavy rains, which minimizes the siltation of adjacent seagrass beds and reefs.103 5.2. Blue Holes Ecosystem The Bahamas is generally a nutrient poor ecosystem, but the Blue Holes alleviate the nutrient limitations of The Bahamas ecosystem by providing sources of nutrients.104 LIMMA contains many blue holes, which provide habitat to fish, crawfish, and filter feeders such as sponges.105 Long Island’s thriving sponge business depends on these blue holes – the sponge business provides direct compensation of approximately $200,000 annually to Long Island sponge fishermen.106 The blue holes attract elite divers and researchers, and LIMMA is home to the world’s deepest blue hole, Deans Blue Hole. 107 98 Author interview with Joseph Ierna, Jr. (2013). 99 Vulnerability of Fiji’s mangroves and associated coral reefs to climate change, WWF South Pacific Program, Feb 2010. Available at: http://awsassets.panda.org/downloads/review_of_fiji_s_mangroves_web_version.pdf. See also Peter J. Mumby et al., Mangroves enhance the biomass of coral reef fish communities in the Caribbean, Letters to Nature, Vol. 427, 5 Feb 2004. 100 Peter J. Mumby et al., Mangroves enhance the biomass of coral reef fish communities in the Caribbean, Letters to Nature, Vol. 427, pp. 533, 5 Feb 2004. 101 Author interview with Joseph Ierna, Jr. (2013). 102 Id. 103 Id. 104 Id. 105 Id. 106 Id. 107 Id.
22 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
5.3. Reproduction Site of Nassau Grouper The Nassau grouper is one of the most important fishery resources obtained from the Bahamian Exclusive Fishery Zone providing $1,592,827 USD value of landings recorded in 2007.108 Long Island hosts spawning aggregations of the Nassau grouper making the area encompassing the LIMMA an invaluable component of the grouper’s life cycle109. Thus, protection of this marine region is both environmentally and economically critical.
108 Food and Agriculture Organization of the United Nations, Fishery, and Aquaculture Country Profiles. “National Fishery Sector Overview: The Commonwealth of the Bahamas.” May 2009. At page 3. Available at: ftp://ftp.fao.org/Fi/DOCUMENT/fcp/en/FI_CP_BS.pdf. 109 Patrick L. Colin, “Reporuction of the Nassau grouper, Epinephelus striatus (Pisces: Serranidae) and its relationship to environmental conditions.” Environmental Biologi of Fishes, Vol. 34, Issue 4, pp 357-‐377 (1992).
Conservation Clinic / Levin College of Law / University of Florida 23
LIMMA: Long Island Marine Management Area
SECTION 6: CURRENT AND POTENTIAL STAKEHOLDERS OF THE LIMMA 6.1. National Implementation Strategy Partnership (NISP) Initiated in 2004, NISP was formed to assist The Bahamas in implementing the Program of Work on Protected Areas (PoWPA) under the Convention on Biological Diversity (CBD). Signatories to NIPS include the Bahamas Environment Science & Technology Commission (BEST), the Department of Marine Resources, the Bahamas National Trust (BNT), and The Nature Conservancy (TNC). Since NISP’s initiation, these partners have collaborated to complete an Ecological Gap Assessment of the terrestrial and marine habitats of the Bahamian archipelago, a Capacity Plan, Sustainable Finance Plans for the national protected area and national parks system, and a Master Plan for the national protected area system. As a result of NISP, the TNC issued an Early Action Grant to The Bahamas in order to develop the planning aspects of the PoWPA under the CBD.110 6.2. The Bahamas National Trust (BNT) Established by The Bahamas National Trust Act111 in 1959, the BNT is a non-‐Governmental organization mandated to manage The Bahamas National Park System. The BNT holds terrestrial and submarine lands in trust as part of the National Park System for the benefit of the Bahamian people. The BNT currently manages 27 national parks across the Bahamian archipelago.112 A map of all national parks currently managed by the BNT is attached to this document as Appendix 3. 6.3. The Nature Conservancy (TNC) An international non-‐profit organization, the TNC has made significant financial and technical contributions to the Bahamas National Protected Area System since establishment of its Northern Caribbean Office in The Bahamas in 2004.113 The TNC works closely with the Bahamas National Trust (BNT) to implement marine protected areas throughout The Bahamas. 6.4. Bahamas Environment Science & Technology Commission (BEST) An agency located within the Ministry of the Environment, BEST focuses on issues concerning biodiversity, climate change, and land degradation. The BEST Commission represents the Government of The Bahamas in negotiations of multilateral environmental agreements. The BEST Commission provides expert advice to the Government of The
110 GEF. P 19. 111 The Bahamas National Trust Act, Chapter 391 (1959). 112 GEF, P 17. 113 GEF, P 17.
24 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
Bahamas on environmental policy, environmental legislation, and impacts to the environment that may result from development projects in The Bahamas.114 6.5. Ocean Crest Alliance (OCA) OCA, a non-‐profit organization, is dedicated to honor, protect, and restore the health of the world’s oceans and the life of the earth’s systems through conservation, research, education, science, and technology.115 OCA assists in the design and establishment of MPAs and, in particular, the proposed Long Island MPA. 6.6. Department of Marine Resources (DMR) A division of Ministry of Agriculture and Marine Resources,116 the Department of Marine Resources (DMR) is mandated to manage and protect the fisheries resources of The Bahamas.117 The DMR is also responsible for managing the Marine Reserve Network as designated by the Bahamian Government.118 Applications for the permits and licenses required for fishing in The Bahamas are available at the DMR’s website at http://forms.bahamas.gov.bs/dp_agency.asp?aid=MARINE.119 6.7. College of The Bahamas (COB) Created in 2005, the Marine and Environmental Studies Institute serves as a multi-‐disciplinary research unit within The College of The Bahamas.120 The Institute builds national capacity for the research and monitoring of marine and environmental resources and provides policy options for natural resource management.121 The Institute also focuses on developing partnerships with Government Ministries and international research institute.122 6.8. Bahamas Reef Environment Educational Foundation (BREEF) Founded in 1933, BREEF is a non-‐governmental, non-‐profit organization that promotes sustainable relationships between Bahamas and visitors to The Bahamas through public education, research and collaboration with other Bahamian conservation organizations.123 With a strong belief that an educated and aware public will call for action to protect marine 114 GEF. P 17. 115 About us, Ocean Crest Alliance, available at: http://www.oceancrestalliance.org/aboutus/. 116 GEF, P 17. 117 Who Manages Protected Areas in The Bahamas, The Bahamas Protected Areas Fund, available at: http://www.bahamasprotected.com/protected_areas.php. 118 Id. 119 Applications on the DMR’s website include: CITES Import & Export Permit, Commercial Fishing License, Foreign Fishing for Sporting Purposes Permit, Export Licenses, Sport Fishing Tournament License, Trapping Permit, and others. Ministry Department Index, Department of Marine Resources, available at: http://forms.bahamas.gov.bs/dp_agency.asp?aid=MARINE. 120 Research: Marine and Environmental Studies Institute (MESI) 121 Id. 122 Id. 123 Programmes, Bahamas Reef Environment Educational Foundation, available at: http://www.breef.org/site/index.php?option=com_content&view=article&id=19&Itemid=18.
Conservation Clinic / Levin College of Law / University of Florida 25
LIMMA: Long Island Marine Management Area
resources upon which all depend,124 BREEF hosts numerous marine-‐related classroom presentations, field trips, teacher seminars and workshops, and summer camps.125 6.9. Enforcement Mechanisms The Royal Bahamas Police Force, the Royal Bahamas Defense Force, and the Customs Department are empowered to enforce regulations made under the Fisheries Resources (Jurisdiction & Conservation) Act 1977.126 6.10. Miscellaneous
Other interested parties may include local fishermen, scuba divers, tour operators, the Guy Harvey Ocean Foundation, the University of Florida Levin College of Law, and the University of Miami Rosenstiel School of Marine and Atmospheric Science.
124 Educational Resources, Bahamas Reef Environment Educational Foundation, available at: http://www.breef.org/site/index.php?option=com_content&view=article&id=21&Itemid=57. 125 Infra. note 123. 126 Food and Agriculture Organization of the United Nations, Fishery, and Aquaculture Country Profiles. “National Fishery Sector Overview: The Commonwealth of the Bahamas.” May 2009. Available at: ftp://ftp.fao.org/Fi/DOCUMENT/fcp/en/FI_CP_BS.pdf.
26 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
SECTION 7: RECOMMENDATIONS Based on the Bahamian legal framework, the recommended next step in the proposal of the LIMMA will be to commission a Rapid Environmental Assessment to survey the biologic resources contained in the proposed management zones, economic feasibility study and budget projects and a documented, systematic inclusion of local communities and stakeholders. As the BNT and TNC have actively been incorporated in to the beginning phases of the LIMMA proposal, continued partnership and approval from the BNT will be critical prior to submission of the LIMMA draft proposal to the Bahamian Minister of the Environment. The appropriate Ministerial Agency will review and potentially recommend the LIMMA be added to the priority list for MMA designations in furtherance of Bahamian and international policy goals, including the Caribbean Challenge. Once established, further steps may be taken to fund and construct a productive research station, which will be unique to the area and provide valuable research for continued monitoring and study of the array of resources located in the LIMMA.
Conservation Clinic / Levin College of Law / University of Florida 27
LIMMA: Long Island Marine Management Area
SECTION 8: CONCLUSION The proposed LIMMA would greatly enhance the ability to enforce existing fisheries laws. Increased enforcement and voluntary compliance by local stakeholders is a critical component to enhance local population wellbeing and improve fishery populations. As illustrated, the LIMMA would enhance Bahamian biodiversity conservation goals and increase Bahamian participation and contribution to international conservation policy drivers.
28 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
APPENDIX 1: A FLOWCHART ILLUSTRATING THE PROCESS TO PROPOSE AND ESTABLISH A MARINE MANAGEMENT AREA IN THE BAHAMAS, CREATED BY TNC
Approval Process for a Marine Reserve
Department of Marine Resources
Cabinet approves conditionally & circulates to relevant government
agencies for feedback
Minister of Agriculture & Marine Resources endorses Cabinet paper
Department of Marine Resources drafts Cabinet paper
Stakeholder consultations on reserve creation & boundaries
Marine Reserve approved by Cabinet after feedback from government agencies received
Boundary maps produced & supplied to Department of Lands & Surveys
Proposal documenting site assets
Priority lists of selected sites
Baseline surveys to refine proposed boundaries
Legal description drafted by Department of Legal Affairs & published in Official Gazette
Conservation Clinic / Levin College of Law / University of Florida 29
LIMMA: Long Island Marine Management Area
APPENDIX 2: A CHART DETAILING FISHERIES REGULATIONS FOR THE BAHAMAS
General Fishing Gear Restric ons for Recrea onal Fishermen in The Bahamas
General Species Restric ons for Recrea onal Fishermen in The Bahamas
TYPE OF GEAR PLACE OF USE RESTRICTIONS SIZE RESTRICTIONS MATERIAL RESTRICTIONS SEASON RESTRICTIONSSpearfishing equipment: spear, Hawaiian sling, snorkel, underwater mask, underwater goggles, or swim fins
Prohibited: (1) within 1 mile of New Providence, (2) within 1 mile of the southern
coast of Freeport, Grand Bahamas, and (3) within 200 yds. of any island
May only use Hawaiian slings underwater
NetsProhibited in a harbor and harbor entrance unless the species taken are goggle-eyes or
passing jacksMin. gauge size = 2"
Net must be a gill net, drag net, cast net, or seine net. All other nets are
prohibited.
Hexagonal Wire Mesh TrapMin. hexagonal wire
mesh size = 1.5"
Welded or Woven Rectangular Wire Mesh Trap
Min. welded or woven rectangular mesh size =
1" x 2"
One trap panel must deteriorate within 6 weeks of use underwater
Wooden Slat Crawfish TrapMax. size = 3' x 2' x 2' -
Wood slats must be placed at least 1" apart
Mesh reinforcement is allowed if it: (1) meets the requirements for a Hexagonal Wire Mesh Trap or a Welded or Woven
Rectangular Wire Mesh Trap and (2) one trap panel deteriorates within 6 weeks of
use underwater
No traps onboard or below the sea from
April 1 - July 31
Crawfish Trap other than a Wooden Trap
Max. size = 3' x 2' x 2' - Slats must be placed at
least 1" apart
One trap panel must deteriorate within 6 weeks of use underwater
No traps onboard or below the sea from
April 1 - July 31
Prohibited fishing gear includes the following: Long-lining equipment; Spear guns, other than a Hawaiian sling; SCUBA equipment, or equipment other than a snorkel designed to enable a person to breath while underwater; Cannot construct an ar ficial reef
Additional Recreational Fishing Gear Restrictions for foreign fishermen on Bahamian and non-Bahamian vessels
Hook and line attached to pole onlyNo use of spear, fish trap, or net (other than landing net) (unless authorized by permit)No more than 6 rods or reels on one vessel (unless authorized by permit)
SPECIES MINIMUM SIZE & WEIGHT CLOSED SEASON EXPORT RESTRICTIONS ADDITIONAL RESTRICTIONS
Crawfish
Size = at least 3.25" from the base of the horns to the end of the jacket
Size if tail is severed = tail must be at least 5.5", not including any
protruding muscle
April 1 - July 31Cannot take any egg bearing
crawfish
ConchConch or shell of conch must possess
a well-formed flaring lip
Noncommercial exportation is permitted if: (1) quantity of conch
weighs 10 lbs. or less and (2) conch is carried in the personal baggage of
a person leaving The Bahamas
Bone Fish (Albula vulpes)Cannot take bone fish with nets. No buying or selling of bone fish
permitted. Grouper Weight = at least 3 lbs.Rockfish Weight = at least 3 lbs.Stone Crab Claw size = at least 4" June 1 - October 15 Cannot take any female stone crabWool Sponge Size = at least 5.5" Measuring rings must be onboardGrass Sponge Size = at least 5.5" Measuring rings must be onboardHard Head Sponge Size = at least 1" Measuring rings must be onboardReef Sponge Size = at least 1" Measuring rings must be onboard
It is unlawful to harvest, possess, molest, interfere, purchase, sell, or export the following species: Hard or So Corals; Marine Turtles, Marine Turtle Parts, Marine Turtle Eggs and Nests; Marine Mammals
Cannot take any marine species within 200 yards of New Providence or any Family island unless the species is taken as food
Species Max. Onboard CatchMigratory fish (Kingfish, Dolphin, Tuna, Wahoo) 18 fishConch 6 conchCrawfish 10 crawfishDemersal fish (Snapper, Grouper, Goatfish) 60 lbs. or 20 fish
Maximum Recreational Catch Restrictions for foreign fishermen on Bahamian and non-Bahamian vessels
Note: All Billfish (Marlin, Sailfish, Swordfish) must be catch-and-release
30 Conservation Clinic / Levin College of Law / University of Florida
LIMMA: A Proposal for the Long Island Marine Management Area
APPENDIX 3: A MAP OF ALL NATIONAL PARKS CURRENTLY MANAGED BY THE BNT