Reef Conservation

Remember Suzie the turtle? Received this note from Conservation and Fisheries today...
"She has wandered all over the BVI and is in Anegada.We are starting to think she may be trying to nest up there but because the gps map datum is different than Google earth, it is hard to tell her exact location - it may be off about 500 meters. There are also only a few "fixes" a day with Argos (the satellite company) and if she isn't at the surface, the data isn't transmitted.

Anyways, if anyone is up in Anegada and feels like walking the beach to look for turtle tracks, she would most likely nest east of Loblolly Bay, this area has a higher density of nesting greens (see attached article about BVI turtles).

The most recent information from Conservation and Fisheries on the Bloom. It is giving us some very pretty colors!

"Here's the most recent sat image from NOAA of the chlorophyll bloom. This occurs every year but rarely does it make it this far north from South America so to say how long it will last here is not something I can really say. It all depends on what the water currents, waves and wind do throughout the region over the next couple of weeks"

Taken from St John source. You can read the entire article here

An algae plume so large it can be seen by satellite appears to have flowed northward from South America to the Virgin Islands, two area scientists said Tuesday.
It was first spotted several weeks ago by fishermen and scientists as it headed northward. It has also reached Puerto Rican waters.
"The water is a different color than normal," said Richard Nemeth, who heads the Center for Marine Science at the University of the Virgin Islands. "It's kind of eerie, like pea soup."
The cloudy greenish water contrasts markedly to the normal clear blue water found in the Virgin Islands. Last Thursday and Friday the plume went down about 75 to 80 feet below the water's surface, but by Saturday the bottom edges of the plume began to mix with the water below it, Nemeth said.
"From satellite images, it looks like it's starting to break apart," he said.
Nemeth said he had heard about similar plumes during his 10 years in the Virgin Islands, but this is the first one he has seen firsthand.
The plume happens every year, but most years it doesn't travel this far north.
While no one disagrees that it originated in South America, Nemeth said he thinks it came from the Orinoco River, which exits Venezuela's northeast coast. Graciela Garcia-Molinar at the Caribbean Fishery Management Council in San Juan suggested that it came from the Amazon River, located further south than the Orinoco.

BAHAMAS-INSPIRED ENVIRONMENTAL CASE COMES TO TRIAL

A landmark environmental case in the British Virgin Islands, that was inspired in part by the Save the Guana Cay Reef action in the Bahamas, will be heard in the Virgin Islands High Court from 27th - 29th April 2009. The case Virgin Islands Environmental Council v Attorney General and Another sets a precedent in the BVI as the first environmental and public-interest challenge to a government decision. It involves judicial review of the former NDP Government’s planning approval for a 5-star hotel, marina and golf course that would destroy the scientifically documented biologically important Hans Creek Fisheries Protected Area in Beef Island, British Virgin Islands. Legal issues in the case center around the irrationality of the decision in light of an over-arching “Development Agreement” which pre-approved many of the project components, and the illegality of project approval in blatant contravention of the Fisheries Law prohibiting development that would adversely impact a fisheries protected area.

The case is being fought by the Virgin Islands Environmental Council (VIEC), a coalition of local fishermen, concerned residents, scientists and environmental activists. The politically charged issue came to a head during an election year. When local lawyers refused to assist, the group reached out to Mr. Fred Smith, Freeport attorney for Save Guana Cay Reef, who was the first attorney to give the group a legal opinion on the merits of their case. His timely encouragement and advice enabled VIEC to file their claim against the decision within the six-month time limit for bringing judicial review. This advice was crucial because compliance with the limitation period was challenged as a preliminary point up to the Court of Appeal of Eastern Caribbean States. In November 2008 the OECS Court of Appeal handed down a ruling upholding the decision of Justice Olivetti in the BVI High Court that the application for leave “commenced” an action under the new Civil Procedure Rules. Therefore, the claim was filed in time and the case could proceed to trial.

Due to numerous other commitments, Mr. Smith was unable to provide further legal assistance. Fortunately, the VIEC through the efforts of its legal director, Mumta Ito, was able to secure the services of London counsel, Mr. Stephen Hockman QC, former Chairman of the UK Bar Council and previous Chairman of the Environmental Law Foundation. The case has received international attention and acclaim, including the support of Sir Richard Branson, owner of Virgin Atlantic Airways and Mosquito and Necker Islands in the BVI. Sir Richard provides discounted flights on his airline for the legal team flying in from the UK. Funding the legal action, however, continues to be a major challenge. In this regard, the VIEC has been fortunate to receive the assistance of the Cambridge-based Ocean River Institute (ORI) a registered US Charity that provides support services for small environmental groups to take action in their own communities. In addition to raising tens of thousands of dollars to cover legal expenses, ORI has been instrumental in raising awareness around the world including an international petition with over 18,000 signatures and letters from individuals in support of the VIEC.

Save Guana Cay Reef and the Beef Island case are just two Caribbean island examples of a world-wide phenomena - the struggle of local peoples and small land-owners against the powerful alliances of unscrupulous developers and politicians and their mega-resort and real estate development projects with the enormous problems they cause for society and the environment. To borrow the words of the 2009 Declaration of Belem made at the World Social Forum in Brazil, these legal cases represent “the legitimate expression of struggle and resistance by communities against the current conventional unsustainable model of tourism and speculative real estate development.” They represent a struggle to promote tourism models that value ecosystem survival, local communities, traditional culture and the way of life.

During the April 27 - 29 hearing, it is expected that novel areas of law will be judicially considered that will affect the future of sustainable development, planning policy, and the status of protected areas in the BVI and throughout the Caribbean. Whatever is decided is likely to be appealed, and the legal struggle to Save Beef Island is expected to continue through the Virgin Islands-OECS court system right up to the level of the Privy Council.
Noni Georges

Also see this link here for the active discussion in the British Virgin Islands from NONI's letter here "In defense of Beef Island"

The BVI’s first environmental case – Virgin Islands Environmental Council v Attorney General and Another – will be finally coming up for trial after a one and a half year wait. The three day trial will take place at the High Court in Road Town from Monday 27 April. A positive outcome in favour of upholding the environmental and planning laws of the territory to preserve the unique ecology of Beef Island for generations to come will make history in the BVI and also positively influence environmental law, planning and policy throughout the Caribbean.


VIEC – BEEF ISLAND PROJECT EXECUTIVE SUMMARY

What is the project?

Bringing the first ever environmental case in the British Virgin Islands against the government to reverse planning permission awarded to put a large scale luxury golf course and marina resort in a protected area of international ecological importance.

Why is this case important?

• The outcome will determine the status of protected areas in the BVI and throughout the Caribbean
• Novel areas of law will be judicially considered that will affect the future of sustainable development and planning policy in BVI and throughout the Caribbean.
• This is the first case brought by a charity in the public interest in the BVI – and the first time that the public have opposed the government in a court of law – this sets an important precedent with regard to the rights of public interest groups to environmental democracy in the Caribbean where such rights are not as recognised or exercised as in the developed world.
• The correct procedure set out in the Planning Act for the protection of the environment wasn’t followed by the government in granting the permission – if this goes unchecked it effectively places the government above the law.
• An Order was passed allowing the Minister to approve all projects over USD10m unilaterally; the Minister entered into a development agreement with the developers that gives concessions such as the granting of planning permission and procurement of immigration permits etc that does not accord with legislation – this has been replicated subsequently in other large scale projects currently going through planning and will continue if unchecked.
• The protected areas concerned are of international ecological importance (the subject of numerous studies, assigned a RAMSAR code and included in the National Parks Systems Plan for the BVI for over 25 years).
• The protected area is a breeding ground for commercially important species of fish and so its loss would mean the annihilation of the BVI fishing industry too.
• There are considerable adverse social implications involving providing infrastructure to cope with the large number of immigrants required to staff this project on-goingly and during the construction phase that will put further pressure on the environment.

Who is bringing the case?

Virgin Islands Environmental Council – a BVI company limited by guarantee with charitable objects for the protection of the environment and environmental democracy. The organisation is staffed exclusively by volunteers and spearheaded by Dr Quincy Lettsome, a well respected educator in the BVI community. Its member organisations are other environmental NGOs active in the BVI.

Is VIEC a registered charity?

There is no system of registering charities in BVI – however, VIEC are working together with ORI, a US registered charity for the protection of the environment and all donations and payments are made through ORI.

What have VIEC achieved so far?

• The trial has been split into 2 stages – VIEC have won the first stage
• 2 developers have pulled out of other equally environmentally damaging projects that were going through planning at the time the law suit was filed
• The government had agreed last January to officially give the protected areas concerned National Park status
• The developers on this project are redrawing plans for submission omitting the contentious golf course and marina elements
• A petition campaign to raised 10,000 letters from US tourists which was presented to the Premier at a press conference asking the Premier to consent to quash the decision, withdraw from the case and protect Beef Island from unsuitable development last year.

Why VIEC expects to win

• The opposition’s defence is evidentially and legally weak.
• The present government won a landslide victory on their election promise to revisit the Beef Island decision and protect the environment which demonstrates their commitment to adhering to the environmental laws of the territory
• We have one of the most respected and experienced environmental lawyers in the world – Mr Stephen Hockman QC – Ex-Chairman of the UK Bar Council and previous Chairman of the Environmental Law Foundation, representing us at trial.

When is the trial?

The 3 day trial will take place at the Supreme Court in Road Town from 27-29 April inclusive.

Further Information
For further information on the Virgin Islands Environmental Council and the Beef Island case visit http://www.oceanriver.org/virgin_islands.php.

AND, also a letter to the editor that was passed to me today as well...

April 16th, 2009
LETTER TO THE EDITOR

THE BEEF ISLAND COURT CASE

As the world celebrates Earth Day (April 22nd), next week’s preparations are being made for the much anticipated Beef Island court case. The vigilant VI Environmental Council (VIEC), a group of concerned citizens, scientists and biologists, challenged the development violating the Fisheries Regulations Act and Planning Act. The Fisheries Regulations Act states, “No person shall carry out any development activity, which may or is likely to adversely impact on a marine protected area”. The Planning Act says that a development has to obey all written laws of the territory.

The Beef Island Documentary of 2005 brought to the forefront, Hans Creek and its value as a rare eco-system supplying almost 80% of the territory’s commercial fish and few remaining mangroves. To lose this pristine portion of the BVI would impact livelihoods, migration paths, and fish nurseries as collateral damage to an exclusive resort for the rich and insulated.

A win of this court case will determine whether laws were broken and may send developers back to the drawing board for new more eco-friendly plans. More importantly, a win of this court case would set the precedent for the whole Caribbean basin that when governments fail to protect natural resources locals come together and speak up and hold developers accountable.

The VIEC came together, in the spirit of Noel Lloyd and the Positive Action Committee, motivated by the real threat of destruction of natural resources, vistas, fish and wildlife. VIEC is looking for wise, more sustainable development for future generations. The BVI are making history in this regard. What a way to acknowledge Earth Day.

Susan O. Smith