When a panel of appeals court judges decided in August in favour of a developer’s lawsuit alleging that the Hans Creek fisheries protected area had been unlawfully established, lawyers involved in the case speculated that the ruling also likely invalidated all of the territory’s fisheries protected areas — more than 12,400 acres.
Revised Fisheries Regulations Gazetted last week appear to correct that, re-designating the areas in accordance with the law, a representative of an environmental group said. However, several government agencies have not responded to requests for confirmation.
Five days before he was voted out of office, then-Natural Resources and Labour Minister Omar Hodge signed two statutory instruments on Nov. 2. The orders established 14 fisheries protected areas and six “fisheries priority areas” effective June 19, 2003.
Priority areas are specifically set aside for fishing. In and around protected areas, recreational activities and development that could “adversely” affect the area is barred under the 1997 Fisheries Act.
Noni Georges, a member of the Virgin Islands Environmental Council, wrote in an e-mail that the group is still waiting on legal advice to ascertain the impact of the minister’s actions. But “on the face of it” the actions appear to nullify the effect of the court of appeal decision that invalidated the protected areas, according to Ms. Georges.
The Beacon’s repeated attempts to obtain an explanation of the regulations’ impact from government officials were unsuccessful as of yesterday’s print deadline.
Kelvin Penn, acting chief conservation and fisheries officer, and Ronald Smith-Berkeley, the permanent secretary in the Ministry of Natural Resources and Labour, referred comment on the matter to the Attorney General’s Chambers. Acting Attorney General Baba Aziz did not respond to nine calls seeking comment over the course of three days.
See the Nov. 24, 2011 edition for full coverage.