Environmentally Sensitive Species (Loggerhead Turtle) Notice, 2014 (LN No. 89 of 2014)

Legal Supplement Part B–Vol. 53, No. 37–28th March, 2014 203 Interpretation Chap 35:05 LEGAL NOTICE NO. 89 REPUBLIC OF TRINIDAD AND TOBAGO THE ENVIRONMENTAL MANAGEMENT ACT, CHAP. 35:05 NOTICE MADE BY THE ENVIRONMENTAL MANAGEMENT AUTHORITY UNDER SECTION 41 OF THE ENVIRONMENTAL MANAGEMENT ACT THE ENVIRONMENTALLY SENSITIVE SPECIES (LOGGERHEAD TURTLE) NOTICE, 2014 1. This Notice may be cited as the Environmentally Sensitive Species (Loggerhead Turtle) Notice, 2014. 2. In this Notice– “Act” means the Environmental Management Act; “Authority” means the Environmental Management Authority established under section 6 of the Act; “disturbance” means any act that would affect the animal (whether on land or in the sea) or its habitat. It includes any action that affects the life of the animal and the animal’s ability to swim, reach the shore, nest, return to the ocean and migrate onwards. These actions may include but not be limited to instances of poaching, touching, prodding, restraining or feeding the animal, obstructing the animal in the sea, standing or sitting on the animal, riding the animal as well as the use of flash photography or light sources near the animal during its nesting process; “ecosystem” means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit; “environmentally sensitive area” or “ESA” means any defined portion of the environment so designated under section 41 of the Act; “environmentally sensitive species” or “ESS” means any species of living plant or animal so designated under section 41 of the Act; “hunt” has the meaning assigned to it in rule 3(5) of the Rules; “indigenous” means native to a particular area (may exist in other areas); Citation “Relevant Authority” means the Authority and any other governmental entity with jurisdiction under existing law; “Rules” means the Environmentally Sensitive Species Rules, 2001; “taking” means to capture physically or to get into one’s possession by using force; “trade” means to export, sell, expose for sale or otherwise dispose of; and “wise use” means the permitted activities listed in Part IV. 3. The Authority hereby designates as an ESS the animal described in Part I. 4. The reason for the designation of the ESS is to meet the objectives set out in Part II. 5. The limitations on use of and activities with regard to the ESS with which compliance is required, are as specified in Part III. 6. Subject to clause 5, the wise use of the ESS is permitted and the mitigating measures to be undertaken are as specified in Part IV. PART I DESCRIPTION OF THE ESS This species was named for its large head and strong jaws. It is the rarest marine turtle found in Trinidad. A loggerhead nesting event was recorded in Tobago in the mid-1990s as such, nesting activity has been a rarely recorded event. Loggerhead turtles can be distinguished from other marine turtles by the presence of five or sometimes (rarely) four pairs of costal scutes on each side of their shell where the first row is in contact with the nuchal scute, the bony plate or shield at the nape of the neck. Loggerheads also possess more than one pair of pre-frontals towards the front of the head. The carapaces of adults measure approximately 36 inches (3 feet) in length. This shell, which is thick and tapered, varies from reddish brown to brown while their plastron is yellow. 204 Environmentally Sensitive Species (Loggerhead Turtle) Notice, 2014 Reason for designation Part II Limitations on use and activities Part III Permitted use and mitigating measures Part IV ANIMAL COMMON NAME SCIENTIFIC NAME Loggerhead turtle Caretta caretta Designation Part I Juvenile and sub-adult loggerheads have keeled carapaces. These turtles have two claws on their paddle-shaped limbs. Adults generally exceed 180 kg (400 lbs) and average 110 kg (250 lbs) in weight. They reach sexual maturity around 32 to 35 years. Female loggerheads produce on average, between 95 to 150 soft-shelled eggs per clutch. There is insufficient data to accurately determine the nesting period for this species in Trinidad and Tobago. They nest every 12 days on average and may nest 3 to 5 times per season. Incubation can vary from 56 to 80 days. They feed on crustaceans, clams, crabs, fish, tunicates and encrusted animals attached to rocks and coral reefs. Loggerhead post hatchlings are pelagic, but juveniles, sub-adults and adults are bottom feeders. This species is listed as endangered under the International Union for the Conservation of Nature’s Red List and the main known threats are poaching of eggs, being caught in fishing and shrimp trawler nets and entanglement in longlines. Loggerhead turtle (Caretta caretta) Source: Sea Turtle Recovery & Action Plan (Forestry et al 2010) Environmentally Sensitive Species (Loggerhead Turtle) 205 Notice, 2014 PART II OBJECTIVES OF THE DESIGNATION I. The ESS is indigenous to Trinidad and Tobago. II. The ESS is an animal that is in danger of extinction. III. In furtherance of Schedule I of the Rules, compliance with the Government’s international obligations under the following Conventions: (a) the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which entered into force in Trinidad and Tobago on 18th April, 1984; (b) the Protocol concerning Specially Protected Areas and Wildlife to the Cartagena Convention (SPAW Protocol), which entered into force in Trinidad and Tobago on 18th June, 2000; (c) the United Nations Convention on Biological Diversity (CBD) which entered into force in Trinidad and Tobago on 1st August, 1996; and (d) the Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region (Cartagena Convention) which entered into force in Trinidad and Tobago on 24th January, 1986. IV. In furtherance of Schedule II of the Rules, the objectives of the designation are– 1. Conservation of biological diversity and protection of the environment including– (a) maintenance of species’ abundance and diversity; (b) the maintenance of a reproductively viable species population; and (c) ensuring the conservation of the species. 2. Logistic support, e.g., environmental education and information sharing, including– (a) the conduct of research on the species contributing to the information based on the species and the continued development of management and recovery plans; and (b) the development of awareness and educational programmes about the species for the public of Trinidad and Tobago. 206 Environmentally Sensitive Species (Loggerhead Turtle) Notice, 2014 V. In furtherance of Schedule III of the Rules, protection of an animal referred to in the following written Laws: (a) a protected animal referred to in section 2 of the Conservation of Wildlife Act; and (b) the protection of Turtles and Turtle Eggs (Amendment) Regulations, 2011. PART III LIMITATIONS ON USE AND PROHIBITED ACTIVITIES For the protection of the ESS the following activities are prohibited, unless otherwise approved by the Relevant Authority in accordance with existing laws: (a) the taking, removing, harming, injuring, hunting, selling or killing of the ESS and possession of, or trade in any specimen of the living animal and its parts, eggs and products; (b) deliberate or reckless capture or endangerment of the ESS through the setting of nets and other fishing activities; (c) deliberate or reckless capture of the ESS in commercial shrimp trawler nets; (d) the use of any device or substance that may harm, stun or impact negatively on the ESS. The negative impacts would be, but not limited to, those that would impair the sight, hearing, ability to swim or move of the ESS or its ability to detect prey and predators or affect its habitat or nesting ground; (e) the sale, consumption, possession, offering or storage of the ESS; (f) dumping, littering or polluting, including the discharging or depositing of any substances that are injurious to the ESS which does not comply with the provisions made under the Act; (g) causing underwater noise that may negatively affect the species during its breeding periods or above-water noise that may negatively affect the species during its nesting period; (h) the disturbance of the ESS at any time; (i) the removal and exportation of the ESS or any part thereof, except for scientific research approved by the designated management authority; Chap. 67:01 Legal Notice No. 201 of 2011 Environmentally Sensitive Species (Loggerhead Turtle) 207 Notice, 2014 (j) disturbing, destroying or any other action or habitat alteration (including beach mining, land reclamation and alteration due to fisheries, agricultural and industrial development) that will alter or upset the integrity of the beach, habitat or surrounding ecosystems or cause undue disturbance to the plant or animal community upon which the ESS depends at any phase of its life cycle; and (k) any other activity which, based on technical or scientific evidence, is determined to cause or is likely to cause harm to the ESS. PART IV WISE USE AND MITIGATION MEASURES I. The following activities are permitted with regard to the ESS subject to existing law: (a) educational activities related to the conservation and protection of the ESS; (b) scientific research activities related to the ecological characteristics such as behaviour, diet, habitat, reproduction, protection and conservation of the ESS; (c) conservation-oriented management activities; and (d) obtaining a permit for scientific research. II. The Relevant Authority shall implement mitigation measures to protect the ESS including the following: (a) identification, management and protection of the ESS; (b) regulation or management of adverse or harmful activities that threaten the existence or survival of the ESS [as outlined in the Sea Turtle Recovery Action Plan for Trinidad and Tobago (STRAP)]; (c) development of regulatory guidelines, national strategies, plans or programmes that will establish a framework for acceptable commercial, recreational and residential use of areas where the ESS exists; (d) promotion of recovery and non-consumptive use of the ESS through the implementation and review of species management and recovery plans, including STRAP and any other management strategies; (e) development of further education and public awareness campaigns to ensure the success and survival of the ESS and protection of its habitat; (f) synergization of existing legislation and regulations pertaining to the protection of the ESS; and 208 Environmentally Sensitive Species (Loggerhead Turtle) Notice, 2014 (g) development and implementation of research programmes including quantitative surveys to research habits and distribution of the ESS, in collaboration with other relevant stakeholders. Dated this 18th day of March, 2014. A. BACHAN Chairman, Environmental Management Authority PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO–2014 Environmentally Sensitive Species (Loggerhead Turtle) 209 Notice, 2014