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From:TheBahamasWeekly.com Bahamas Information Services Updates
Contribution
By The Honourable Earl D. Deveaux, MP
Minister
of The Environment A BILL FOR AN ACT TO AMEND THE BAHAMAS
NATIONAL
TRUST ACT, 2010
At House of Assembly October 2010
Nassau, N.
P., The Bahamas
Mr. Speaker After 50 years of work in the Bahamas, The Bahamas National Trust has changed significantly. BNT seeks greater public awareness of its role and mission in building The Bahamas and the essential need for wider public participation in its stewardship. Today, The Bahamas boasts 25 national parks and protected areas for the preservation of species like flamingoes, Bahama parrots, and iguanas. More importantly, however, these parks are conserving island biodiversity and representative ecosystems. including the significant number of blue holes found at the Central Andros National Park, the breeding area of the Bahama parrot in the Abaco National Park , which also protects more than 20,000 acres of Caribbean pine. As early as 1905, there was much concern for the West Indian flamingos in the Caribbean. In that year, at the first annual general meeting of the National Audubon Society, a plea was made to the Bahamian Government to establish legal protection for the flamingos. In response to that call, The Wild Birds (Protection) Act was passed. According to Audubon records, it was the first time in history that special protection for flamingos had been established in law. This initiative positioned the Bahamas as a leader in conservation. By the 1950s, a close working relationship had been established between the National Audubon Society and The Bahamas. Audubon sent then Director of Research, Robert Porter Allen, to Inagua to avert what seemed to be the impending extinction of the flamingo. Mr Allen spent three years conducting research. He, along with Bahamians Arthur Vernay and Elgin Forsythe formed the Society for the Protection of Flamingos in 1951 and hired two wardens, brothers Samuel and James Nixon. While flamingo protection was taking flight, one Colonel Ilia Tolstoy was thinking of a different type of conservation. Colonel Tolstoy, who began visiting The Bahamas in the early 1930s, noticed that certain plants and animals were being affected by increased development. He approached several Bahamians regarding the possibility of setting aside islands which might eventually become national parks where development could not occur. Mr. Speaker During the early 1950s Tolstoy's idea began to receive more attention. Experts in the United States and Great Britain were consulted and in 1955 a proposal was officially presented to the Bahamian government. The following year, the Crown Lands Office temporarily set aside 22-miles of the Exuma Chain to allow Tolstoy and his colleagues to carry out a survey of the area. Under the auspices of the New York Zoological Society the survey was planned and local and international scientific personnel recruited to participate. The team included Carleton Ray, of the New York Zoological Society, Colonel Ilia Tolstoy, representing the Explorers Club, Robert Porter Allen, National Audubon Society, Daniel Beard, US National Parks Service, and Oris Russell, Bahamas Department of Agriculture, Donald Squires, and American Museum of Natural History, John Randall, University of Miami Marine Laboratory, and the Honourable Hubert A. McKinney. In 1958 the team’s report was received and adopted by the Bahamian government, signaling the birth of the Exuma Cays Land and Sea Park, the first of its kind in the world. The idea of making this area a marine, no-take reserve was a pioneering concept. The John Pennekamp Park, another land and sea park, in the Florida Cays came about soon afterwards. The establishment of a conservation park required a management body. The Hon. Godfrey W Higgs drafted legislation based on the British National Trust Act. And in 1959, the Bahamas National Trust Act was passed which created the only statutory organization in the Bahamas charged with managing the land and sea parks, and also identifying new areas throughout the Bahamas that needed to come under protection. The rest, as they say, is history. Mr. Speaker Today, more than fifty years, 1,600 memberships and 25 national parks later, the Bahamas National Trust continues its work it in the face of various challenges. While BNT is mandated to hold and manage government land for the benefit of the Bahamian people, many Bahamians have yet to become acquainted with these parks. Lack of public interest, however, is not entirely to blame. One of the chief challenges is public access. The Bahamas National Trust recognises that while we have these amazing protected area systems set aside with a great deal of foresight, many of them are off the island of New Providence where the vast majority of Bahamians live. In order to improve accessibility and public awareness, resources are being focused on developing New Providence’s Harrold & Wilson Pond, Bonefish Pond National Park and the Primeval Forest, where infrastructure for easy access to the parks, and interpretive signage about the species of flora and fauna on the site will be established for those who visit. Parks in the Family Islands are also getting attention. The Lucayan National Park in Grand Bahama, which is the most highly visited national park in The Bahamas, recently saw an investment of some $250,000 to create a user-friendly bridge which takes visitors over the beautiful Gold Rock Creek and mangrove system to the beach. Mr. Speaker While much has been accomplished over 50 years, during an assessment of the Bahamas’ national parks and protected areas, the Trust discovered that one of the ecosystems that must be included in the Bahamas’ protected areas base, is sea grass beds – mainly because they are extremely important to the conch population as a grazing ground. Through all of this, we want to create an awareness of what the Bahamas National Trust does. But also, we want to create an awareness of what these protected areas do and why they are important economically and recreationally. National parks make a huge economic contribution to our country. Every Bahamian who enjoys crabs or conch associate them with the bush and sea grass. This ‘protected bush’ yields an abundance of nature. Many, especially fly fishermen, commercial fishermen, and hunters, appreciate the value of ecotourism know that the Bahamas and The Bahamian way of life are inextricably linked to the environment. Conservation is essential to sustaining the natural resources that our country depends on for its essence, culture and economic stability. Take for example, the Exuma Cays Land & Sea Park. As a no-take reserve, it acts as a marine replenishment area with a healthy population of conch and crawfish. But more importantly, these populations are moving out and repopulating other areas of The Bahamas, helping to create sustainable fishery resources, so much so that through the Department of Marine Resources and the Bahamas National Trust, the government seeks to implement five more no-take marine reserves in The Bahamas. A scientific report completed in 1999 documents a network of Marine Reserves taking up 20 percent of The Bahamas. Mr. Speaker According to IUCN a protected area is: “A clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values”. Although all protected areas meet the general purposes contained in this definition, in practice the precise purposes for which protected areas are managed differ greatly. IUCN has defined a series of six protected area management categories, based on primary management objective. In summary, these are:
The Ecological
Gap Analysis of the existing protected areas system provides an overall
picture of the current level of protection for major habitats and key
species. Targets of greatest importance to the national economy, including
groundwater resources, beaches, mangroves, spawning aggregations of
economically important fish species, and coral reefs, have the greatest
threat from exploitation unless they receive legal protection. Fortunately,
in the context of The Bahamas, the majority of these sensitive targets
remain in areas that are relatively untouched by ``Significant Provision of the Amendment Bill 2010 Mr. Speaker After many years the Bahamas National Trust Council has finalized a list of requested amendments which have been incorporated in the Bahamas National Trust (Amendment) Act, 2010 which was confirmed by Council Resolution on 26th March 2010. A summary of the requested amendments and the background areas follow:
It is requested that the original statutory mandate be widened to formally include or confirm the BNT’s ability to give general advice to both Government and private sector on development issues and policies and conservation and biodiversity issues. It is arguable that the original language includes these but there are occasional expressions of doubt or challenge in this regard, the BNT requests Parliament to strengthen the wider duties which are thrust upon the organisation.
After many years, and much experience the BNT asks to be allowed to clarify and diversify and add to membership categories as shown in Section 6.1
The requested amendment allows annual subscriptions with the anniversary of joining, which to persons of limited means has importance in that it sometimes hurts if one joins, say in October, to be faced with a renewal obligation three months later. The BNT is seeking to widen its grass roots membership base as well as upper income membership bases.
By the requested amendment the BNT is asking Parliament to empower the Council to create by-laws which will take voting from the present requirement of a member having to physically appear at the AGM to vote to a new and modern level of postal and electronic balloting, proxies etc. In a far flung island nation and with international membership encouraged, the BNT Council will have the ability to prescribe a vastly more democratic system of election procedures.
The Council is asking Parliament to increase the statutory number to 29 which will allow BNT to be seen as having “democratic NGO status” to be maintained with 15 elected members and 14 appointed members. Of the 15 elected members, the larger number will also allow staggered periods of service so as to ensure continuity and institutional memory and experience at all times and ensure stability. The increase in appointed numbers allows the honour of Council membership to be awarded to the College of The Bahamas and the University of Florida without losing the vast prestige and scientific connections of the founding appointees.
At the same TIME, per proposed section 10(3)(b) the longstanding practice of appointing special advisors is sought to be given statutory effect.
The Council has seen fit to ask Parliament to amend the enabling provision which allows it to regulate its meetings to include power to create a Code of Conduct.
By the proposed amendment the Council is asking Parliament to clarify a sometimes vexing problem as to what level of transaction requires formal resolutions, use of seal etc. and which contracts for goods and services may be executed by individuals without such formalities.
In the 1959 Act, Sandringham House on Shirley Street, Nassau had the honour of being named as the first Registered Office. The venerable law firm of Higgs and Johnson, then headed BNT the late Hon. Godfrey Higgs, founding member and moving spirit, and later by Sir Godfrey Johnstone, a long serving BNT supporter has since vacated the premises and times and persons pass on into history and by the amendment we are asking Parliament to leave it to the BNT Council to appoint the registered Office.
Per proposed amended Section 14 (2) legal instruments passing land or personal property to the BNT will continue to be exempted from Stamp Duty. Per proposed Amended Section 14(3) the BNT Council is asking Parliament to take away the temptation to trespass or squat on Bahamas National Trust park land or conservation easement land by those who would seek to use the Limitation Acts and the rules pertaining to adverse possession and prescription from being able to do so. There is a disturbing level of encroachment into the edge of national parks, particularly in New Providence as well as a recent incident of enclosure and pasturing of livestock (Man Island) which if undetected, within a few years would have created serious problems for the Bahamas National Trust and loss of heritage. This proposed amendment seeks to protect the public interest as represented by the Bahamas National trust. In the case of Crown Lands the limitation period is 30 years (used to be 60 years) but the Bahamas National Trust is in the public category – 12 years. We seek to kill the temptation to squat by this measure.
The Bahamas National trust auditors have had great difficulty as to how to value inalienable property which becomes park land or fixed heritage assets (e.g. an artifact) which cannot be sold or divested and which has no real value in the terms of a modern balance sheet. This has caused delays in our audit and requires waivers and qualifying riders etc. The amendment will free auditors from having to put a financial value on a national park which is held in perpetual trust for the people of The Bahamas. Reference Section 18(2)(ii) likewise the depreciation and future maintenance which is normally a part of general accounting practice, cannot be required of the Bahamas National Trust which will greatly assist in stream-lining its annual audits.
The Bahamas of 1959 was a very different place to the Bahamas of 2010 both in human population, development pressure, human behavior and ethics, pressure on natural resources and much more. Each of the requested amendments arises as a result actual mischiefs and problems faced or anticipated.
Also with increasing numbers of visitors and anticipated increased numbers simple things like erecting cairns (piles of rocks or marine flotsam and jetsam) or pioneering nature trails by individuals without BNT supervision becomes potentially destructive and needs regulation.
The amended section seeks to clarify confusion and doubts as to the full power and protection of Bahamas National Trust Wardens including volunteer wardens and giving them the power and protection of constables in our administration of justice system.
The requested amendment compliments the requested amendments in Section 9 above.
As the organization grows, it is considered that 200 as opposed to 30 would be more sensible number as requisite to require convening of an extraordinary meeting.
The Council has been advised to widen the authorized investment scope to include securities, fully quoted on duly constituted stock exchanges in The Bahamas or elsewhere internationally. Mr. Speaker The Bahamas National Trust expanded and changed dramatically during its fifty year history. The past twenty years in particular have witnessed enormous change. However, its Act has not changed. These changes are intended to preserve the original Act and to provide amendments, consistent with today’s reality. Mr Speaker Since its first term in office The Ingraham Administration has always taken a thoughtful process toward the environment generally and national parks in particular. In recognition of the vital interconnection of The Bahamas and The Bahamian way of life, the Ingraham Administration outlawed Long Line fishing. The Ingraham Administration banned fishing for Nassau Grouper during Spawning Aggregations. Of the 4.45 million acres of land in The Bahamas, approximately 910,000 acres is wetland. The Creek and Wetland Systems of The Bahamas are vital to Bahamians and The Bahamian way of life. In 1999 an inventory of 40 creek systems in The Bahamas determined that they were badly degraded and in desperate need of rehabilitation and management. The Ingraham Administration spearheaded the study of degraded creeks and established the National Creek and Wetlands Restoration Initiative. In recognition of the vital contribution of the West Side of Andros and The Andros Barrier Reef, The Ingraham administration expanded the North Andros Park System. The Ingraham Administration banned turtle fishing. The Ingraham Administration passed the Forestry Act. The Ingraham Administration sponsored the Scientific Study to create the Network of Marine protected areas. The Ingraham Administration expanded funding to the protected area system. The legacy of protecting the very basis of our way of life is the way of the Ingraham Administration. Between 1958 and 1969 (11 years under the UBP), five National Protected Areas were created. Between 1969 and 1992 (23 years under the PLP), four National Protected Areas were created. Between 1992 and 2002 (10 years under the FNM), fourteen National Protected Areas were created. The actions we take in this Bill are consistent with that Legacy. The protected area system provides substantial income to our people. The Bahamas is known worldwide as one of the most beautiful places on earth. Its fly-fishing flats are renowned. A recent study, The Economic Impact of Flats Fishing in The Bahamas, concluded that Flats Fishing contributes $141 million dollars annually to our economy. Eleven percent of stopover visitors participate in fishing and 20% of estimated expenditure comes from this activity. The study estimated that 81 percent of tourism income in Andros was derived from fishing. Recreational hunting for Pigeons, doves, ducks and Quail contribute substantially to incomes throughout The Bahamas. Hard figures are difficult to quantify, but it is generally assumed that millions are earned annually. Lobster fishing is the most lucrative of all commercial Bahamian fishing activity and earns hard currency for our Country. Recent estimates place earnings from Lobster Export above $90 million annually. The forests of the Bahamas have not been exploited for lumber for many years. But at one time accounted for much of the income in the islands of Andros, Abaco, Grand Bahamas and New Providence. Throughout our history, the Forests have provided much of the support for life on the islands. Today, their value to our water table, wild life and quality of life is more appreciated. The Government of The Bahamas has played an integral role in launching The Caribbean Challenge which it recognizes as a viable option for sustainably funding protected areas in the Region. Inspired by the Micronesian Challenge, the Caribbean Challenge seeks to ignite a region-wide initiative to raise millions in funding for conservation to be managed through a permanent Protected Area Trust Fund. The Challenge represents an unprecedented commitment by Caribbean governments to build political support and financial sustainability for protected areas in the Caribbean. The Bahamas Government has committed $2 million dollars for the establishment of The Bahamas National Protected Area Fund. Funding has also been committed by The Nature Conservancy, KfW (the German Development Bank) and other international funding agencies. It cannot be over-emphasized that sustainable financing is critical to The Bahamas and other countries of the Caribbean region in achieving conservation goals. Mr Speaker Through the work of the Bahamas National Trust more Bahamians become aware of the need to conserve our natural resources for themselves, and future generations. Equally significant is its work with partners both national and international. The list of conservation national partners available to BNT to assist in the execution of its mandate is ever growing and includes Friends of the Environment (Abaco); Andros Conservancy and Trust (ANCAT); the Bahamas Reef Environment and Educational Foundation (BREEF); San Salvador Living Jewels; The Island School, Perry Institute for Marine Science, Nature's Hope for Southern Andros; and others. Notable international organizations include the Pew Charitable Trust, Bird Life International and the Nature Conservancy (the only international Conservation Organization operating an office in the Bahamas). Mr. Speaker There is much work to be done in conservation in The Bahamas. Let us debate how we wish to develop our national consciousness about protected areas, funding them, managing them, identifying them and keeping them. Mr. Speaker It is especially important that the public understand and appreciate that private ownership predates the creation of the Bahamas system of protected areas, and that notwithstanding their creation, the Government and BNT must recognize that private owners have a right to expect to be able to enjoy their property - so long as that enjoyment does not constitute unsustainable behaviour. It is also important to accept that the Protected Area systems will only be a success if we have buy-in from all neighbors and communities. For example, if we fail to convince Black Point residents (among others) that poaching is destructive and will adversely impact not only fish stocks in the Exumas but beyond, the Park stands to lose. Similarly, if the private residents in the Park, do not accept the intrinsic value of this marine (and land) nursery and support it financially and through their behaviour otherwise the Park system will lose. Working with residents in or near our national Parks is critical to our country’s ability to win support for the National Park system - and that means financial support. Saying that we love The Bahamas and that we want to save our environment means being willing to pay to protect it. Mr. Speaker Many professional who support the Trust have given of their professional advice for many, many years free of charge. Lynn Holowesko and Pericles Mailles most readily come to mind but Geoffrey Johnstone also did the same. Certainly the support of Mrs Holowesko, Mr Maillis and their families have endured over many decades and has left an indelible positive legacy for The Bahamas, nationally and internationally. The tradition of having an Honorary Treasurer at the Trust has meant historically that the Trust benefitted, free of charge, of having a CPA ensuring that best financial practices were observed. Beyond that, it should be recalled that as recently as 2005 the BNT was insolvent and forced to sell donated investment land (in Harbour Island) just to meet its salary obligations to its very small staff. For years, the main staff support in the Bahamas Park System has been volunteer - because The Park could not afford to pay wardens. The Ingraham Administration allocated public money to hire wardens. Mr. Speaker The 176 square mile Exuma Cays Land and Sea Park is the oldest Marine Park in the world. Its unparalleled beauty, with pristine biodiversity, is a world class treasure, on par with any national protected area system elsewhere in the world. This unique, global treasure is a storehouse of knowledge for the world to see, appreciate and conserve. The Abaco National Park, the Andros West Side Park and the Great Inagua Park compare in national importance. Mr. Speaker As I said before, “…Every park is different.” The reality in the case of the Exuma Cays is that the Exuma Park already had 6 privately held Cays when it was created. As we learned, permissions were given severally in the past which allowed development on some of those privately held cays. We acknowledge the over-all value of the Exuma Park is close to being immeasurable. The Park’s contribution to research, marine replenishment and the stock of the world’s knowledge about some of the oldest geological specimens requires careful and prudent planning, management and long term sustainable funding, for its continued care and preservation. The Planning and Subdivision Act 2010 will form the basis for planning decisions for The Islands of The Bahamas; the process prescribed in the Act must be nurtured, so that the Nations Protected area system can make the contribution that their posterity merits. As we identify and continue to set aside unique ecosystems throughout the Bahamas, we must also plan for impact or guard against destruction. The principles for sustainable development can find no greater focus than in our protected area network. Communities exist immediately outside and adjacent to the park system. Nearby communities all contribute heavily to activity in and throughout the Exuma Cays Park System. As well, passing boats affect marine life in and around parks. The Hutia, a protected mammal, has eaten its way throughout much of the vegetation on several cays. Serious risks of fire and loss of precious biodiversity threaten the Park. If development outside the Park is not coordinated with planning within The Park, the cumulative, detrimental impact on the Park itself could be calamitous. Equally, if the Park is not seen as friendly to visitors, a global treasure, husbanded and stewarded by Bahamians, it will not ensure its own survival. The development of user protocols, density, and sustainable practices, become urgent when the desecration of Hall’s Pond took place, years ago. This problem became more acute as ownership within the Park continues to change hands and pressure to develop hastens. When one looks at the extravagance of renewable energy, combined with fossil fuels on Over Yonder Cay, it becomes even more compelling to establish, promulgate and insist on sound planning principles. Mr. Speaker The pressure in and around the Park Systems, compels urgent planning principles for development to guide present and future decisions. The surrounding communities require a structured process of participation. That is owners, stakeholders, users and communities must all have consensus on principles enshrined in clearly articulated manuals to guide intervention in and around the Park. While I believe that areas of our National Protected Area System must be preserved in perpetuity; for example, Little Inagua, Conception Island, Sensitive Mangrove estuaries on The West Coast of Andros, The Marls of Abaco; I am pre-disposed to accommodating harmonious development where possible, rather than prohibiting development. Because I believe the best long term conservation of fragile resources comes through wise use, my actions are thereby informed and should be viewed in that light. The environment is The Bahamas most precious resource and its use and enjoyment for any purpose cannot be segregated from sound planning principles, no matter the provenance. Mr. Speaker I do not recommend selling whole Cays. Islands belonging to the Crown should not be permanently alienated, but rather, should be developed with a view to permanent public access. Our History compels us to be mindful of this requirement. To ignore it would result in inevitable social conflict and economic disenfranchisement. Permanent, dedicated public access must be a basis of any approvals. That is why we have enshrined it in law. We must now all learn to practice it. The size and scale of the development, should be consistent with the intended use and size (buildings) and scope (expanse) governed by strict rules and setbacks Concerns about biodiversity, rare species and connected ecosystems, must be carefully balanced when approving any development. The negative cumulative impact of building must be balanced with informed mitigation decisions and prescriptions, based on practical and scientific evidence. Mr. Speaker The Bahamas must reconcile a way to permit harmonious, coexistence with nature; maintain the essence of protected areas; evaluate the cost of funding and maintaining such areas and enshrine permanent public access in protected areas and communities. The cost of financing the protection of isolated nature is not one that The Bahamas can and should bear, to the exclusion of an approach for harmonious, sustainable, wise use. Clearly, in the future, The Bahamas will face increasing demands for some level of human activity near its protected area systems. In fact it is already occurring. I propose to use the spirit of the BNT Amendment Act, the Forestry Act, and the Planning and Subdivision Act to guide how we approach development going forward. After all we do say we are preserving and setting the areas aside for future generations, we also want this generation to enjoy them. It is better, in my view, to strive for a level of density, minimal impact and environmentally sensitive intervention across the board. Tree removal, plant introduction, building foot print, fuel storage and use, garbage disposal, building design, and all other forms of likely impact should be governed by highest and best practices, so as to accommodate desired and appropriate use. For example, the mass grave site on the beach at Bitter Guana Cay, was done at a time when there were few options explored. The victims were simply interred in the easiest, most humane manner. It remains a question whether this grave site has become a permanent shrine to the unknown victims, or would a monument be created for them (this was done in Williams Town, Grand Bahama on a smaller scale). Leaving the site of the burial undisturbed it is a de-facto title deed to buried dead. It will probably always conflict with unfettered recreational activity for those who know of the buried dead. Mr Speaker Whether crabbing, fishing hunting, bird watching, sailing, kayaking, swimming or swinging, the national park system of The Bahamas are vital to The Bahamas and The Bahamian way of life. The twenty five parks of The Bahamas cover the ranges of uses described by IUCN. We should know and manage them accordingly, through a process of national stewardship. In our country, where its environment is its most precious resource, protected areas and areas for development, should enjoy a seamless transition of stewardship. These amendments to The Bahamas National Trust Act, when coupled with the legacy of previous actions will ensure BNT’s future role and the future of our way of life.
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