Environmentally Sensitive Species (Ocelot) Notice, 2013 (LN No. 31 of 2013)

Legal Supplement Part B–Vol. 52, No. 26–21st February, 2013 113 Interpretation LEGAL NOTICE NO. 31 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 (OCELOT) NOTICE, 2013 1. This Notice may be cited as the Environmentally Sensitive Species (Ocelot) Notice, 2013. 2. In this Notice– “Act” means the Environmental Management Act; “Authority” means the Environmental Management Authority established under section 6 of the Act; “Environmental Officer” means a person authorized under section 33 of the Act; “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; “habitat” means the place or type of site where an organism or population naturally occurs; “hunt” has the meaning assigned to it in Rule 3(5) of the Rules; “Relevant Authority” means the Authority and any other governmental entity with jurisdiction under existing law; “Rules” means the Environmentally Sensitive Species Rules, 2001; “trade” means 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. Chap 35:05 Designation Part I Citation 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 The name ocelot is derived from the Mexican name for jaguar “ocelotl”. It is a medium-sized cat, which weighs up to 15 kg (35 lb). This species displays sexual dimorphism with adult males having a greater size and weight than adult females. Adult males weigh approximately 9—15 kg (22—35 lb), while adult females weigh about 2—4 kg (5 to 10 lb) less than the males. The ocelot’s coat has grayish or buff upper parts marked with blackish spots, small rings, blotches and short bars (see Photograpgh 1). Its adult length, comprising of the head and body, is 88 cm to 93 cm (35 to 37 inches), while the tail is 33 cm to 38 cm (13 to 15 inches) in length. The ocelot is solitary only coming together in order to mate. Minimum breeding age for female ocelots is 18 months and they can breed up to the age of 13 years. In tropical areas, ocelots breed throughout the year, have a gestation period between 79—85 days and produce one or two kittens. They are also able to mate every 4 to 6 months. These wild cats are excellent swimmers and climbers. However, most of their hunting is done on the forest floor. They are mainly nocturnal and have been noticed resting in trees during the day. Little is known about their home range or territory but ocelots are observed in forested areas of Trinidad. Ocelots mark their territory with urine or faeces. 114 The Environmentally Sensitive Species (Ocelot) Notice, 2013 Reason for designation Part II Limitations on use and activities Part III Permitted use and mitigating measures Part IV INTERNATIONAL COMMON NAME LOCAL COMMON NAME SPANISH NAME FRENCH NAME SCIENTIFIC NAME Ocelot Tiger cat Ocelote Chat tigre Leopardus pardalis Gatoonja Manigordo Leopard cat Tigrillo Felidae Felis pardalis Ocelots occupy a variety of habitats such as, tropical and sub tropical forests, swampy savannas, estuarine mangroves and rocky terrain. They tend to shelter in hollow trees and dense thickets and form dens in caves and hollow trees or logs. They feed on different sizes of mammals, birds, amphibians and fishes. Their prey includes young peccaries, snakes, agoutis and porcupines. Photograph 1: Ocelot (Leopardus pardalis) Source: Courtenay Rooks PART II OBJECTIVES OF THE DESIGNATION I. Preservation of the ESS which is native to Trinidad and Tobago. II. Preservation of the ESS which is in danger of extirpation in Trinidad and Tobago in an effort to maintain its important role of top predator within the ecosystems it inhabits. 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 19th January, 1984 under which the ESS is listed in the Appendix I; The Environmentally Sensitive Species (Ocelot) Notice, 2013 115 (b) the United Nations Convention on Biological Diversity (the Biodiversity Convention) which entered into force for Trinidad and Tobago on 1st August, 1996; and (c) the protocol concerning Specially Protected Areas and Wildlife to the Cartagena Convention (The SPAW Protocol), which entered into force for Trinidad and Tobago on 18th June, 2000 where the ESS is listed in the Protocol under Appendix II. 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) preservation of the integrity of species’ populations to ensure genetic viability; (c) ensuring the conservation of the species; (d) maintenance of the ESS due to its significance to the ecosystem(s) it inhabits; and (e) preservation of a species that is high in aesthetic value. 2. Logistic support, e.g., environmental education, information sharing, including– (a) the conduct of research on the species towards developing a management and recovery plan; (b) the involvement of stakeholders in the management and protection of the ESS; and (c) the development of awareness and educational programmes about the species for the public of Trinidad and Tobago. V. In furtherance of Schedule III of the Rules, protection of an animal referred to in the following written Law: The Conservation of Wildlife Act, Chap. 67:01, in which section 2 defines a “protected animal” as one that is not specifically mentioned in the Second or Third Schedule to the Act. This would include the Ocelot. 116 The Environmentally Sensitive Species (Ocelot) Notice, 2013 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, or permitted under any existing law, or pursuant to any legal rights vested in any party prior to this designation: (a) the taking, possession or hunting of the ESS or trade in the ESS, their parts or products or anything derived from the ESS; (b) the removal and exportation of the ESS or any part thereof; (c) any action that results in habitat alteration, disturbance or destruction, or agricultural and industrial development that will cause any undue disturbance to the habitat or ecosystems upon which the ESS depends at any phase of its lifecycle; (d) the disturbance of the ESS, particularly during the period of breeding, incubation, gestation, aestivation (i.e., period of dormancy) or migration, as well as other periods of biological stress; (e) dumping, littering or polluting, including the discharging or depositing of any refuse, oily liquids, waste acids, deleterious chemicals or any other toxic or polluting substances of any kind injurious to the ESS, in an area where such dumping, littering or polluting has resulted or would be likely to result in injury to the ESS or its habitat; and (f) 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) non-destructive scientific research with the possession of a permit, issued by the Relevant Authority, which specifies limitation on the number, sex and life stage of specimens that are to be removed or translocated for scientific research or captive breeding; and (c) conservation-oriented management activities inter alia, restoration of habitat and species. The Environmentally Sensitive Species (Ocelot) Notice, 2013 117 II. The Relevant Authority shall implement mitigation measures to protect the ESS including the following: (a) the protection, restoration, conservation and management of critical habitat and ecosystems utilised by the ESS in any phase of its life cycle; (b) development and implementation of a species recovery plan for the ESS; (c) development of public awareness and education programmes and/or local community conservaiton programmes; (d) sharing of information and research; (e) enforcement of existing laws; (f) visitor management of the habitat(s) of the ESS; (g) training of Environmental Officers and other persons involved in the management of the ESS; (h) minimizing the harassment and mortality of the ESS; (i) evaluation of effectiveness of current and future regulation and enforcement efforts; (j) development of bilateral and multilateral agreements for conservation and research of the ESS; (k) evaluation of actual or potential impacts on the ESS by acitivites including but not limited to industrial and infrastructural development, agriculture, squatting and oil and gas exploration and production; (l) determination and monitoring of the status of the ESS population and research into aspects of its life history and ecology; and (m) protection of critical home range and breeding habitats of the ESS. Dated this 24th day of January, 2013. S. DYAL Deputy Chairman Environmental Management Authority 118 The Environmentally Sensitive Species (Ocelot) Notice, 2013 PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO–2013