Environmental Sensitive Species Rules, 2001 (Cap. 35:05)

LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 102 [Subsidiary] Chap. 35:05 Environmental Management ENVIRONMENTALLY SENSITIVE SI'ECIES RULES ARRA NGEMENT OF RULES RULE 1. Citation. 2. Interpretation 3. Standards and guidelines for designation of "environmentally sensitive species" 4. Form and contents of Notice. 5. Procedure for designating an envirorunental Iy sensitive species. 6. Rcaciasion of designation of environmentally acnaitivc apccica. SCHEDULE I. SCHEDULE H. SCHEDULE III. SCHEDULE IV. SCHEDULE v. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Chap. 35:05 103 [Subsidiary] ENVIRONMENTALLY SENSITIVE SI'EClES RULES made under sections 26(e) lind 41 6312001. 1. These Rules may be eited as the Environmentally Citation. Sensitive Species Rules. 2. In these Rules "Act" means the Environmental Management Act; "Authority" means the Environmental Management Authority established under seetion 6 of the Aet; "ESS" means any species of living plant or animal designated as an environmentally sensitive species under section 41 of the Act; "Notice" means a Notice designating an ESS made under section 41 of the Act. 3 . (1) The Authority may by Notice designate as an ESS an animal or plant (a ) that is indigenous to Trinidad and Tobago or, although not indigenous to Trinidad and Tobago, is present in Trinidad and Tobago for a part of its life or reproductive cycle; (h) that throughout all or a part of its range is, or is likely to become, in danger of extinction and whose survival is unlikely if the factors jeopardising it continue to operate; (c) that is required to be protected for the purpose of meeting the Government's international obligatio ns under any of the International Conventions referred to in Schedule I; (d) to which any of the Guidelines set out 111 Schedule II applies ; ( p) that is referred to in a writt en law set out 111 Schedule III. UPDATED TO DECEMBER 31ST 2009 Interpretation. Standards and guidelines for designation of "environmentally censi tive spe cies". Schedule I. Schedule II. Schedule III. L.RD.1I2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 104 [Subsidiary] Chap. 35:05 Environmental Management Envlronrnarualiy Sensitive SPL'Cic.'S Rules Form and contents of Notice. Schedule IV. (2) The activities that, for the protection of the ESS, may be prohibited or regulated in a Notice including the following: (a) with respect to any species of living plant, and its parts and products , where appropriate , all forms of destruction and disturbance. including the picking, collecting, cntting, uprooting or possessi on of or trade in, such species; (h ) with respect to any species of living animal (i) the taking possession or hunting of such species , or trade in such species, their parts or products; (ii) to the extent possible, the disturbance of wild animals particularly during the period of breeding, incubation, estivation or migration, as well as other periods of biological stress . ('1) The Authority shall designate on the basis of the best scientific data available and after taking into consideration the economic impact and any other relevant impact of the designation. (4) This rule docs not apply to the captive breeding of living animals and to the propagation of living plants. (5) In this rnle "hunt" means (a) to kill, injure or shoot at; (h) with intent to kill, injure , shoot at or capture , to wilfully disturb or molest by any method; or (c) with intent to kill, injure , shoot at or capture , to lie in wait for, follow or search for, any animal. (6) In this rule "trade" means export , sell , expose for sale or otherwise dispose of. 4. A Notice shall be in the form set out in Schedule IV and shall include (a) a description of the plant with reference to its local and botanical names; UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Envlronmarua liy Sensi tive Species Rules Chap. 35:05 105 [Subsidiary] (h) a description of the animal with reference to its common and scientific. names ; (c) the reason for the designation as set out in rule 3(1) or in paragraph 1 of Schedule 11; Schedule I!. (d) the limitations on use of, and the activities that are permitted with regard to, the ESS as set out in rule 3(2); (e) the acti vities prohibited fur the protection uf the ESS; and (/) the appropriate mitigation measures which should be undertaken. 5. (1) Where the Authority proposes to make a Notice , it shall notify that fact, and transmit a draft of the proposed Notice to (a) the governmental entities having responsibility for agriculture, plant protecti on, fore stry, conservation of wild life, and fisheries; and (h) any other government entity having responsibility for planning and management with respect to the proposed ESS. (2) The notification shall invite written submissions with respect to the proposed Notice to be made to the Authority by a stated date, being not less than thirty days from the giving of the notification. (3) The Authority may revise the proposed Notice to give effect to the submissions received under subrule (2). (4) The Authority shall thereafter publish in the Gazette and in at least one daily newspaper a similar notification inviting submissions from the public, together with the proposed Notice as may be revised . (5) A submission shall contain the grounds therefor and m:lY include additions, modifications or amendments to give effe ct to the submission. UPDATED TO DECEMBER 31ST 2009 Proc edure for designating all environmentally sensitive species. L.RD . 1I2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 106 [Subsidiary] Chap. 35:05 Environmental Management Envlronrnarualiy Sensitive SPL'Cic.'S Rules Rescission of designation of environmentally sensitive species. Schedule V [Rule 3(l)(c)j. (6) The Authority shall have regard to any submissions received under subrule (4) before making the Notice and publishing it in the Gazette. 6. (I) Where any of the provisions of rule 3(1) cease to apply to an ESS the Authority may by N otice rescind th e designation of the ESS . (2) The Notice shall be in the form set out in Schedule V and shall include (a J th e information se t out in ru le 4(a J or (b); and (b) the reason [or the rescission of the designation, (3) The procedures as set out under rule 5 for the designation of an ESS shall, where appro priate, ap ply for the making of a Notice under this rule for the rescission of that designation. SCHEDULE I INTERNATIONAL CONVENTIONS (i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora which entered into force in Trinidad and Tobago on 8th April, 1984 (the CITES Convention); (ii) The Protocol concerning Specially Protected Areas and Wildlife to the Convention for the Protection and Development of the Marine Enviromnent of the Wider Caribbean Region which entered into force in Trinidad and Tohago on 1~h Janu ary, 1qq() (the SPAVoJ Protocol): (iii) The Convention on Wetlands which enteredinto force in Trinidad and Tobago on 21st April, 1993 (the Ramsar Convention, Iran, 1971); (iv) The United Nations Convention on Biological Diversity which entered into force in Trinidad and Tobago on 1st August, 1996 (the BIODIVERSITY Convention); (v) Any other iutcruaticual lcgal convcnticu relating Lu the enviromnent to whichTrinidad and Tobago is a party. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Envlronmarualiy Sensitive Species Rules SCHEDULE II Chap. 35:05 107 [Subsidiary] [Rul03 (1Xd)j. GIDDELINES FOR ENVIRONMENTALLY SENSITIVE SPECIES 1 The desi gnation of species ::IS "environrnentally sensitive" is to meet one or more of three general categories of objectives: (a) conservation of biological diversity and protection of the environment; (b) sustainable economic and human development; (c) logistic support, e.g., environmental education, information sharing , etc. The specific objectives are: (a) maintenance of species abundance and diversity; (b) preservation of the integrity of species' populations to ensure genetic viability and to sustain their intangible and direct material benefits; (c) maintenance of its importance or significance to the ecosystem(s) of the immediate locality or to wider areas; (d) regulation of species which are or may pose a health or ecological liability; (e) provision of valuable educational and non-destructive scientific research opportunities; (}) demonstration of the benefits of wise use and the pitfalls of indiscriminate use of particular species. 2. Designation of enviromnentally sensitive species will be on the basis of one or more of the following criteria: (a) importance as a pharmaceutical or for the provision of other medicinal derivatives , (b) good potential for the conduct of non-destructive researcli to provide important scientific data; (c) commercial importance as non domesticated species which is harvested, extracted or traded; (d) indicator or sentinel species for pollutant levels, diseases, weather or climate patterns; (e) integral to the maintenance of a climax community through key physical processes or ecological interactions characteristic of a given locality or wider area; (j) critical to the colonisation, consolidation or rehabilitation of barren, hostile or unsettled areas; L.R.o.1I2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 108 [Subsidiary] Chap. 35:05 Environmental Management Envlronrnarualiy Sensitive SPL'Cic.'S Rules lRule 30Ve,J1. Ch. 23 No. 17. Ch.63:54. Ch.67:01. Ch. 67 :5 1. (g) unique or of significant taxonomic importance as a subspecies or variant of continental genera; a relict species; a species adapted to local conditions; or a viable mutant strain: (h) significance in ecosystems external to Trinidad and Tobago as a migrant or transient, mat is spending part of its life cycie in, or passing through this country; (i) high in aesthetic value ; (j) potential for ecological or health risks by nature of its biology or by the introduction of a pathogenic agent respectively. SCHEDULE HI ANIMALS AND I'LANTS REFERRED TO IN OTHER WRITTEN LAWS 1. An animal or piant (a ) that is indigenous to Trinidad and Tobago or, although not indigenous to Trinidad and Tobago, is present in Trinidad and Tobago for a part of its life or reproductive cycle; and (b) to whichsubrule (2) or (3) applies , is eligible for designation as an environmentally sensitive species by a Notice madeby the Authority under section 41 of the Act. 2. This subrule applies to *(a) a plant that is included in a proclamation made under section 4(a) or (b) of the Plant Protection Ordinance ; (b) a piant that is included in an Order made under section 3 of the Plant (Export Prohibition) Act ; (c) a protected animal referred to in section 2 of the Conservation of Wildlife Act ; (d) a fish that is included in a regulation made under section 41b), Id) or Ie) of me FishertesAct. *Repealed by the PlantProtectionAct (Chap. 63:56). UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Envlronmarualiy Sensitive Species Rules Chap. 35:05 109 [Subsidiary] 3. This subrule applies to (n) an animal or pl ant th at is included in Appendix T, TT , or TTl of the CITES Conventi on; (b) an animal or plant that is listed in Annex I, II or III, and a protected species referred to in Article I(h), of the SPAW protocol; (c) waterfowl whose habitat is a natural reserve established under Articl e 4 of the Ramsar Convention; (d) a cUlllpuut:uL uf biological diversity identified under Article 7(a) of the BIODIVERS ITY Convention. SCHEDULE IV THE ENVIRONMENTAL MANAGEMENT ACT, CH 35:05 NOTICE MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY UNDER SECTIONS 41, 42 AND 43 OF THE ENVIRONMENTAL MANAGEMENT ACT (Rule 4). 1. The Environmental Management Authority hereby designates as Designation. an environmentally sensitive species (the ESS) the plant/animal described in Part I. Part1. 2. The reason for the designation is to meet the objective set out in Reason for Part II. designation. Part II. J . The limitations on usc of and activities with regard to the CSS with which compliance is required, are as specified in Part III. 4. Subject to paragraph 3 , the wise use of the ESS is permitted and the miuganng measures to be undertaken are as specined in Part IV. UPDATED TO DECEMBER 31ST 2009 Limitntionn 011 use and activities. Part 111. Permitted use and miti gatin g measures. Part1V. L.R.o.1I2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaHairs.gov.tt 110 [Subsidiary] Chap. 35:05 (a) Plant (h) Animal Environmental Management Envlronrnarua liy Sensitive SPL'Cic.'S Rules PART I Local Name Common name Part II Part 111 Part IV Botanical Name Scienti fic Name Made the day of . 20 ... [Rul, 6(2)]. Rescission of designation Part!. Reason for ieeclsslcu. PartII. Revocation. Chairmantileputy Chairmantsecretarv, EnvironmentalManagement Authority SCHEDULE V THE ENVIRONMENTAL MANAGEMENT ACT, CH 35. 05 NOTICE MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY UNDER SECTION 41, OF THE ENVIRONMENTAL MANAGEMENT ACT 1. The Environmental Management Authority hereby rescinds the designation uf the plaut/auhual described ill Pan I as au euviroruueutally sensitive species (the ESS). 2. The reason for the rescission of the designation is that the objective set out in Part II has ceased to apply to the ESS. 3. Legal Notice No of 20.. is hereby revoked. UPDATED TO DECEMBER 31ST 2009 www.legalaffairs.gov.tt LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Environmental Management Envlronmarualiy Sensitive Species Rules PART I Chap. 35:05 111 [Subsidiary] (a) Plant (h ) Animal Made the ......... day of .. Local Name Common Name Part II 20 . Botanical Name Scienti fic Name Chairmant lsenutv Chairman/Secretary, Environmental Management Authority L.R.o . 1I2009 UPDATED TO DECEMBER 31ST 2009