FINAL REGIONAL SESA FOR OECS CROP 1 FINAL REGIONAL SESA FOR OECS CROP CONTENTS 1.0 EXECUTIVE SUMMARY ......................................................................................................... 6 1.1 Scope ................................................................................................................................ 6 1.2 Background....................................................................................................................... 6 1.3 Legal Framework for Coastal and Marine Resources Management ................................ 6 1.4 Objectives of the SESA ..................................................................................................... 7 1.5 Critical Factors for Decision-Making for CSMP .............................................................. 11 1.6 Program 1 - Mitigation Measures for Vulnerability Reduction...................................... 13 1.7 Program 2 - Good Governance Framework for CMSP ................................................... 18 1.8 Regional Priority Areas for Action .................................................................................. 19 1.8.1 Immediate to Short Term Actions (2018-2020)...................................................... 19 1.8.2 Medium to Long Term Actions (2020-2022)........................................................... 19 1.9 National Priorities for Action ......................................................................................... 20 1.9.1 Legal and Regulatory Framework ........................................................................... 21 1.9.2 Planning and Decision-making process .................................................................. 22 1.9.3 Implementation, Monitoring and Compliance ....................................................... 23 2.0 SCOPE ................................................................................................................................. 24 3.0 BACKGROUND .................................................................................................................... 25 3.1 Sector Programme justification and purpose ................................................................ 25 3.2 Coastal and Marine Spatial Plans in the OECS ............................................................... 26 3.3 Environmental policy, legislative and planning framework........................................... 31 Decision makers, planners, policies .......................................................................................... 31 (a) International & Regional Laws and Agreements for CMSP .............................................. 32 .(c) National policies, legislation, and regulations for CMSP ............................................ 34 3.2.2 Legal Framework to protect Land tenure and resource rights ....................................... 35 3.2.3 Broader Development Policies Integrated with Coastal & Marine Policies ........... 36 3.2.4 Institutional Framework ......................................................................................... 38 3.2.5 Financial Incentives, economic instruments & benefits sharing ............................ 39 3.2.6 Kalinago Territory Dominica ................................................................................... 40 4.0 APPROACH AND METHODOLOGY ...................................................................................... 43 4.1 General approach ........................................................................................................... 43 2 FINAL REGIONAL SESA FOR OECS CROP 4.2 What is Strategic Environment and Social Impact Assessment ..................................... 43 4.3 SESA Methodology ......................................................................................................... 45 4.3.1 Tasks of the Consultancy ........................................................................................ 46 4.4 PHASE ONE SCOPING ..................................................................................................... 47 4.4.1 Four Broad Themes of Inquiry ................................................................................ 47 4.4.2 Literature Review .................................................................................................... 48 4.4.3 One-to-one Interviews and Consultations .............................................................. 49 4.4.4 Expert Judgment ..................................................................................................... 50 4.5 Geographical or environmental mapping units ............................................................. 51 4.6 Assumptions, uncertainties and constraints.................................................................. 51 4.6.1 Assumptions............................................................................................................ 51 4.6.2 Uncertainties ........................................................................................................... 53 4.6.3 Constraints .............................................................................................................. 53 5.0 ENVIRONMENTAL BASELINE STUDY .................................................................................. 54 5.1 Socio-Economic Drivers and Pressures .......................................................................... 54 5.2 Environmental Pressures ............................................................................................... 55 5.2.1 Cross sectoral Issues ............................................................................................... 57 5.2.2 Sector Specific Considerations ................................................................................ 58 5.3 Policy Responses ............................................................................................................ 61 5.4 Summary ........................................................................................................................ 62 6.0 IMPACT IDENTIFICATION & EVALUATION ......................................................................... 64 6.1 Base-case Scenario – Situation in OECS States .............................................................. 64 7.0 ANALYSIS OF ALTERNATIVES .............................................................................................. 73 8.0 MITIGATION OR OPTIMISING MEASURES ......................................................................... 76 Critical Risks and Mitigation Standards for Future Scenario ................................................. 76 9.0 INDICATORS, INSTITUTIONAL CAPACITIES AND GAP ANALYSIS ........................................ 83 9.1 Indicators ........................................................................................................................ 83 9.2 Framework for Good Governance ................................................................................. 84 9.3 Regional Gap Analysis - Political Economy Constraints ................................................. 85 9.3.1 Independent Small Island States ............................................................................ 85 9.3.2 Governance arrangements ..................................................................................... 86 9.3.2.1 Legal and Regulatory Framework ................................................................................... 86 3 FINAL REGIONAL SESA FOR OECS CROP 9.3.2.2 Planning and Decision-Making Process .......................................................................... 87 9.3.2.4 Implementation, Monitoring and Compliance ............................................................... 87 9.4 National Gap Assessment............................................................................................... 88 9.4.1 Component 1: Policy, Legal, Institutional and Regulatory Framework .................. 88 9.4.2 Component 2: Planning and Decision-making Process ................................................ 91 9.4.3 Component 3: Implementation, monitoring and compliance ................................ 93 10.0 CONCLUSIONS AND RECOMMENDATIONS........................................................................ 96 10.1 General Conclusion ........................................................................................................ 96 10.2 Program 2 - Priority Areas for Action to improve Governance in OECS MS .................. 96 10.2.1 Recommendations– Policy, Legal, Institutional and Regulatory Framework ......... 97 10.2.2 Recommendations – Planning and Decision-making process ................................ 99 10.2.3 Recommendations – Implementation, Monitoring and Compliance ................... 101 10.3 General Recommendations for Implementation of CROP ........................................... 102 10.3.1 Stakeholder Participation ..................................................................................... 102 10.3.2 Planning Context and Decision-making Process ................................................... 102 10.3.3 Regional Cooperation and Coordination .............................................................. 103 10.3.4 Project Implementation ............................................................................................... 104 10.3.5 Policy Legal and Regulatory .................................................................................. 105 10.3.6 Inter-sectoral coordination .......................................................................................... 105 10.3.7 Data Collection ...................................................................................................... 106 10.3.8 Monitoring and Evaluation........................................................................................... 106 11.0 ACTION PLAN FOR IMPLEMENTATION OF THE SESA ....................................................... 107 11.1 Priorities for action at the regional level ..................................................................... 107 11.1.1 Immediate to Short Term Actions (2018-2020).................................................... 108 11.1.2 Medium to Long Term Actions (2020-2022)......................................................... 109 11.2 National Priority 1: Immediate Action (2018-2019) .................................................... 110 11.2.1 Legal, Policy, Institutional and Regulatory Framework ........................................ 110 11.2.2 Planning and Decision-making Process ................................................................ 110 11.2.3 Implementation, Compliance and Monitoring ..................................................... 111 11.3 Priority 2: Short-term Action (2019-2020) ................................................................... 112 11.3.1 Legal, Policy, Institutional and Regulatory Framework ........................................ 112 4 FINAL REGIONAL SESA FOR OECS CROP 11.3.2 Planning and Decision-making Process ................................................................ 112 11.3.3 Implementation, Compliance and Monitoring ..................................................... 113 11.4 National Priority 3: Medium to long term (2019-2022) ............................................... 113 11.4.1 Planning and Decision-making Process ................................................................ 113 11.4.2 Implementation, Compliance and Monitoring ..................................................... 113 12 REFERENCES ..................................................................................................................... 123 ANNEX I – ENVIRONMENTAL POLICY AND REGULATORY FRAMEWORK IN OECS STATES ......... 127 ANNEX II – FRAMEWORK FOR INVOLUNTARY SETTLEMENT ...................................................... 139 A2.1 Objectives for Involuntary Resettlement Framework ................................................. 139 A2.2 Existing Legislation and Policy ...................................................................................... 139 A2.3 Recommended Procedure for Involuntary Resettlement .................................... 140 A2.4 Recommended Procedure for Compensation ...................................................... 140 A2.4.1 Compensation for Land......................................................................................... 140 A2.4.2 Compensation for Crops ....................................................................................... 141 A2.5 Guidelines for Involuntary Resettlement Plan ............................................................. 141 A2. 6 Grenada Land Acquisition Act No. 159, 1990 .............................................................. 142 ANNEX III – Record of Stakeholder Consultations ...................................................................... 155 ANNEX IV GRENADA.................................................................................................................... 183 Grenada Stakeholder Consultation July 24 2018 .................................................................... 183 ANNEX V – ST KITTS & NEVIS ...................................................................................................... 189 St Kitts Stakeholder Consultation July 27 2018....................................................................... 189 ANNEX VI – ST LUCIA................................................................................................................... 196 St Lucia Stakeholder Consultation – July 26, 2018.................................................................. 196 ANNEX VII .................................................................................................................................... 201 St Vincent & the Grenadines Stakeholder Consultation ......................................................... 201 July 25, 2018 ............................................................................................................................ 201 OECS CARIBBEAN REGIONAL OCEANSCAPE PROJECT ................................................................ 201 ANNEX IV ..................................................................................................................................... 204 September 20, 2018 Regional Consultation ........................................................................... 204 5 FINAL REGIONAL SESA FOR OECS CROP 1.0 EXECUTIVE SUMMARY 1.1 Scope While the outcomes of Component 1(a) of the CROP are spatial plans, large emphasis is placed on the planning process itself. Planning as a process involves participation across sectors and interests and is multi-objective and multi-dimensional. The CMS planning process results in the identification of areas most suitable for various types or classes of activities to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, and preserve critical ecosystems. It is therefore a public policy process for society to better determine how marine and coastal resources are sustainably used and protected now and for future generations. 1.2 Background In response to the outcomes of the ECROP, the OECS with the World Bank have prepared the Caribbean Regional Oceanscape Project (CROP) that responds to such demand for spatial planning initiatives, through the adoption of coastal and marine spatial plans to coordinate management across sectors and resources and integrate environmental management directly with economic development. These plans will build upon early national marine planning efforts1 and will help Eastern Caribbean countries better understand and then reform governance of the diversity of ocean uses and economic activities, resulting in a more secure framework for sustained investment in the blue economy. CROP is being implemented in five participating OECS Member States (MS): Dominica, Grenada, St. Kitts and Nevis, Saint Lucia, St Vincent and the Grenadines. As a precursor to the development of Marine and Coastal Spatial Plans to improve ocean governance, a Regional Strategic Environmental and Social Assessment (SESA) is required. Each CROP country, except for Grenada, has yet to clearly articulate their own vision and national policy direction for coastal and marine spatial plans for their country, which will align with the regional project vision. 1.3 Legal Framework for Coastal and Marine Resources Management The policy, legal, institutional and regulatory framework for coastal and marine spatial planning in the OECS was analysed across several levels of influence, international, regional, national and sub-national. 1National Ocean Policies in St. Vincent and the Grenadines, and St. Kitts and Nevis (draft); Integrated Coastal Zone Management (ICZM) policies in Grenada and St. Lucia 6 FINAL REGIONAL SESA FOR OECS CROP • From the review it can be concluded that there is a robust regulatory framework for Caribbean ocean’s governance at the international and regional level. There is a lack of clarity or coherence in some of the conventions and in many cases repetition of provisions. • States have been slow in ratifying agreements after signing and even slower in effecting implementation at the national level. It is noted that independent States are quicker to ratify agreements than dependent territories who are lagging behind. The recommendation is made for a common legal framework for Caribbean oceans governance, to rationalize the various MEAs and develop coordinating mechanisms for their implementation • Annex I provides a comprehensive listing of all the policies, legislation, regulations, conventions and MEAs for coastal and marine spatial planning in OECS MS. • National policies, strategies and programs of action for emerging environmental management issues such as climate change, conservation of biological diversity and marine resources are influenced by international conventions and multi-lateral environmental agreements. Most of the national laws pre-date these international agreements. • The legal framework for management of the Kalinago Territory is a vertical hierarchy of government with power aligned accordingly. The rights of the Kalinago Community are not provided for at the level of the Constitution of Dominica. Their rights to participation is the same as for all people of the Commonwealth of Dominica. While Section 29 of the By-Laws of the Kalinago Territory Act provides responsibilities to the Council for the management of the territory, according to Section 48 of the same Act, the overall responsibility for development and planning in the Territory is retained by the Government of Dominica. 1.4 Objectives of the SESA In keeping with the terms of reference (TOR) for this consultancy, the main objectives of this Strategic Environmental and Social Assessment are: • To support the understanding and further inclusion of priority environmental and social considerations in Coastal and Marine Spatial Planning (CMSP) in the CROP and contribute relevant information to Component 1 of the CROP. • To provide specific inputs for the implementation of the regional Strategic Environmental and Social Assessment (SESA). • To further examine the vulnerabilities as well as opportunities for the Kalinago indigenous community of Dominica as related to CMSP. An Indigenous People’s Planning Framework (IPPF) will therefore need to be embedded into the SESA. 7 FINAL REGIONAL SESA FOR OECS CROP • To gather and validate risk and impact data as well as to put forward suitable and feasible recommendations intended to avoid, manage and/or attenuate these impacts; • To facilitate the integration of these measures into coherent plans and policies and to ensure its application; • To build strong stakeholder fora for the project’s benefit. Through the fora, the concerns and interests of ‘weak and vulnerable’ stakeholders can influence the decision-making processes fostering in addition, increased accountability for policy makers; and • To support the setting-up of an enabling framework for sustainable coastal and marine spatial planning in a participatory manner involving all key stakeholders. • PHASE ONE SCOPING Stakeholder Consultation •PHASE THREE REVIEW • Set SESA Objectives Validation •Establish Indicators •Conduct Monitoring • Define Environmental Program and Social Context •PHASE TWO - ASSESS •Undertake Correctice or • Analyze Legal, Policy, •Gap Analysis Adaptive Management Institutional and •Identify Environmental and Actions as required regulatory framework Social Effects, Risks, •Link to Project Level EIA • Scope Stakeholder Opportunities and Constraints Interests & Concerns •Prepare scenarios for coastal • Describe Coastal and and marine spatial plans Marine Environmental •Assess Options Issues •Recommend Strategic Management Options •Implementation strategy Stakeholder Consultation Priority Selection Final Strategy Document Figure 1.1 Phases and Outcomes on the SESA Process 8 FINAL REGIONAL SESA FOR OECS CROP To fulfil the objectives of the consultancy the following iterative tasks outlined in the flow diagram below are being undertaken (Figure 1.2): • Inception Report • Situation and Stakeholder Analysis • Priority Selection • Political Economy and Gap Analysis • Indigenous Peoples Planning Framework • Recommendations for the SESA • Final Report •Inception Report: (i) review the process for the conduct of all activities within the project, (ii) determine roles and responsibilities, (iii) discuss the basis on which this work will be implemented, and iv) Task 1 finalise the work plan and schedule. •Situation and Stakeholder Analysis: undertaken through a comprehensive literature review, one-on- one interviews and expert judgment. The situation analysis will draw on lessons from all other studies prepared in the region, especially those focused on Coastal and/or Marine Spatial Planning and other Task 2 relevant SESAs in the Caribbean and Central American Region. A public participation plan is to be developed as an outcome of the situation and stakeholder analysis. •Priority Selection: the Consultant will organize and facilitate a Regional public participation process consistent with the SESA’s public participation plan to determine the priorities for environmental and Task 3 social management in spatial planning in the Region •Political Economy and Gap Analysis: The Consultant will assess the Regional legal, institutional, regulatory and capacity gaps associated with the Regional SESA priorities and the political economy Task 4 constraints affecting environmental and social management in spatial planning in the Region •Indigenous Peoples Planning Framework: will ensure that adverse effects to the Kalinago are fully avoided, minimized, and/or mitigated. The IPPF will serve as a tool to outline how the Kalinago Task 5 community will receive culturally appropriate social and economic benefits and compensations in case of eventual Project recommended restrictions to areas where their subsistence is derived. •Recommendations for SESA: At the regional or overarching system level, the SESA will present recommendations and options to address the following: legal and regulatory aspects; regional policy and Task 6 capacity gaps; regional political economy constraints affecting sound environmental and social management in spatial planning; involuntary resettlements; inter-institutional coordination •Final Consultant Report: This report should highlight, inter alia: a) The nature of the assignment undertaken, noting the level of success and constraints; b) The quality of participation in consultations; c) Task 7 Lessons learned during the assignment; and d) any limitations to the outputs and their intended use. Figure 1.2 Tasks of Consultancy – Regional SESA for OECS CROP 9 FINAL REGIONAL SESA FOR OECS CROP Figure 1.3 Summary of Drivers Pressures State Impact and Policy Responses for CSMP in OECS States (adopted from JECO 2016) GOVERNANCE FRAMEWORK DRIVERS • International Collaboration Regional Geo-politics • Legislation Economic Development • Interagency Poverty & collaboration Adaptation Unemployment • Participation of Increased Resilience Climate Change NGOs & Private PRESSURES Sector • Codes, Standards POLICY RESPONSE Coastal Infrastructure; Sea Level Rise; Land and Best Practices COASTAL & based sources of • Strategies & Action MARINE SPATIAL pollution; marine Plans pollution; Fishing, diving, • Tools, Technology PLANNING snorkeling • Economic Instruments • Education Mitigation • Resource Reduced Vulnerability Mobilization • Monitoring & IMPACTS STATE Enforcement Risk to Life & Flood Risk; Land Livelihoods; Stranded Degradation; Coastal and Coastal Assets; Loss of Marine Ecosytem Damage; Tourism Revenue; Loss Invasive Species of biodiversity 10 FINAL REGIONAL SESA FOR OECS CROP 1.5 Critical Factors for Decision-Making for CSMP Member States is setting the vision and objectives for CMSPs must determine the limits of acceptable change, natural resource carrying capacity and the cumulative effects of interrelated impacts (example energy, wastewater management, solid waste management, air and water quality, and resilient critical infrastructure, roads, hospitals). It is critical that plans do not lead to social amplification of risk through: a) Location of new facilities and/or increased development of critical infrastructure in hazard prone areas; b) Exceeding the capacity of critical infrastructure within towns and tourism development centers such as drainage, potable water networks, waste management and disposal facilities, road networks, hospitals, community centers, evacuation routes, shelters and disaster management resources; c) Failure to restore degraded ecosystems through rehabilitation projects; d) Failure to manage land-based sources of impact and pollution such as storm water run-off, construction, agriculture and upland watershed degradation; e) Lack of accounting for increased coastal flooding due to increased development of watersheds, climate change and future sea level rise scenarios. The analysis of alternatives must be guided by Critical Factors for Decision Making (CFDM) which constitute the fundamental decision-making factors that underlie the focus of the SESA. They identify those aspects that must be considered in the decision process concerning the strategic design and the implementation of actions for effective management of environmental and social issues arising from development of coastal and marine spatial plans for OECS States. These factors satisfy the scope of the SESA and are generated out of the situation and stakeholder analysis of the following: • Objectives of the SEA; • Legal, institutional and regulatory considerations; • Environmental and social factors; and • Current and future scenarios for development of coastal and marine spatial plans in OECS States The critical factors for decision making and the reason for their inclusion are presented in Table 1.1. 11 FINAL REGIONAL SESA FOR OECS CROP Table 1.1 Critical Factors for Decision Making in Development of Coastal and Marine Spatial Plans CRITICAL FACTORS FOR REASON FOR INCLUSION DECISION MAKING Legal and Regulatory • Currently not fully developed in OECS States Framework • Incomplete regulations for management of coastal and marine resources • Conflicting and overlapping responsibility among various ministries • No capacity for regulation or compliance Institutional Capacity • Conflicting roles and responsibilities for environmental protection and management • Poor inter-institutional coordination • Low technical capability for coastal and marine resources management • Unknown training requirements and capabilities • Low Capacity for SESA implementation Planning and Decision- • Environmental factors not included in economic planning making Process • Sector approach to planning • Short term planning cycles • Ecosystem-based approach to planning needed • Decision support systems need to be adopted • Climate change modeling and future risk assessment Stakeholder • Incomplete legal framework for stakeholder participation Participation in • Low stakeholder capacity and action Decision Making • Lack of stakeholder participation in setting development agenda • Need for transparency of revenue flows and resource allocation • Mechanisms for community development limited Social • Protect vulnerable groups; Fisherfolk; Kalinago peoples in Dominica • Recognize cultural diversity • Avoid resource conflicts and compulsory take of private lands • Minimize expectations over benefits of exploitation of Blue Economy Ecosystem Integrity and • Importance of marine parks and protected areas Biodiversity • Importance of critical species Conservation • Capacity for protection of protected areas and biodiversity is limited • Resource assessment and monitoring lacking • Limits of acceptable change and ecosystem carrying capacity needs to be determined Risk Management • Regional mechanism for collaboration, coordination of response and compliance needed • Planning for climate change, tsunamis and natural hazard risks • Integration of environment with social and economic objectives SESA Implementation • Success of SESA depends on its implementation • Follow up measures, indicators needed 12 FINAL REGIONAL SESA FOR OECS CROP 1.6 Program 1 - Mitigation Measures for Vulnerability Reduction SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact Agriculture • Relocation of farmers from low-lying coastal areas; • Climate Smart Agriculture with green technology; in/near coastal • Agriculture impacted by demands for fresh water (damming Silviculture best management practices for watershed areas of rivers) and climate change; management adopted in agricultural policy and forestry • Demands for local food production to support increased legislation; tourism development; • Agricultural riparian buffer zones created along farms; • Increased agricultural activities in upland watersheds • Coastal wetlands protected from developed activities; resulting harmful amounts of topsoil or pollutants to flow • Buffer zones created between farms and coastal wetlands; into estuaries and coastal waters • Environmental Education Strategy for agricultural sector across all education levels • World Bank Resettlement Policy Fisheries- Wild • Reduced pressures on near shore fisheries due to • Monitoring of fish catch and stock assessment; Capture and investment in deep sea fishing fleets; • Economic instruments implemented for resource Aquaculture • Quota system reduce trends in over-exploitation; management; • Potential for transboundary disputes due to increased • Quota system developed based on stock assessment; utilization of the territorial seas and EEZ; • Definition of No-go areas and buffer zones to preserve • The sustainability of coastal or offshore fisheries within the protected areas territorial waters of OECS MS must be assessed; • Implementation of Regional Fisheries Policies • Quota system need to be developed to manage exploitation • Policies for aquaculture of marine fish stocks; • Integrated waste management policy • Increased utilization of coastal flat lands for aquaculture; • Coastal Master Plans and Marine spatial plans • Management of wastewater is a critical issue to be addressed; • Reduced conflicts between fishing grounds and shipping lanes or other offshore economic activities, through the use of marine spatial plans/use zones. Infrastructure • Existing infrastructure located in the coastal zone date back • Coastal development setback guidelines with climate to 1950s and as such do not consider changes in sea level or change and sea level rise scenarios adopted; • Relocation of critical infrastructure from the coastal zone; 13 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact storm surge scenarios must be incorporated into the CMS • Wastewater discharge permit system based on appropriate plans; standards for industries; • Increased generation of stormwater and wastewater • Wastewater treatment facilities with land-based options for resulting in negative impacts on coastal water quality, coral final treatment and discharge of water; reefs and marine life; reduction in goods and services from • Implement waste management plan coastal and marine ecosystems; • Possible requirements for oil and gas waste landfill; • Solid waste landfills exhausted; increased land degradation • Waste to energy plants to reduce demands in limited from non-biodegradable and hazardous wastes; coastal lands; • Planned expansion of infrastructure in the coastal zone will • Adopt international best practices stress ecosystem services or cause other negative • Establish operational standards environmental or social impacts; • Investment in off-shore fishing fleets • At present OECS MS exploit only nearshore fisheries. Exploitation of ocean resources will likely present a future risk of conflict or damage to undersea infrastructure (pipelines, communications cables, etc.) from other economic activities (e.g. fishing trawlers that drag the ocean bottom, subsea mining, etc.) Urban planning • OECS cities and towns were developed more than a century • Adopt abandon and retreat policy; and development ago. As such urban planning in coastal areas have not • Allocation of green spaces for healthy living, conservation accounted for climate and coastal disaster risks related to of biodiversity; cultural heritage; extreme weather events, sea level rise and coastal flooding. • Allocation of space for waste management facilities; • The CMSP must include planning for climate change future • New high tide and base scenarios for setback guidelines; risk scenarios, sea level rise, storm surges and increased • Coastal wetland parks designed to allow for coastal flooding coastal flooding; from both stormwater runoff, storm surge and sea level • Most of the fisherfolk in OECS MS live in informal coastal rise; settlements on public lands. Poor infrastructure results in • Enforcement of coastal development setback guidelines; pollution of nearshore areas from domestic wastewater and • World Bank resettlement policy; runoff from the land; • Legal framework and policy for Public Participation in • Relocation of fishermen and coastal communities in areas Development; targeted for development of marina and coastal villages; • Government of Grenada has no lands in Petit-Martinique and forced acquisition of lands from islanders has been 14 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact historically problematic; Compensation for lands remains a • Impact benefit agreements so that communities can benefit contentious matter from investments in the Blue Economy and share in benefits • Communities vulnerable to natural disasters are targets for of oil and gas development. involuntary resettlement in Dominica.; • Displacement of communities by government backed private-sector investment projects. Housing & • Loss of coastal forests and associated wildlife for residential • Protected areas of representative coastal forests created; Settlement development; • EIAs for housing development; • Housing development is driven by the private sector and due • Hazard risk assessment and disaster management plans for to the lack of area management plans infrastructure housing development (typically not done); development is inadequate for stormwater and wastewater • Wastewater treatment facilities integrated into housing management; development projects • Increased housing development in coastal locations with high natural hazard risk exposure; • Dependence on public shelters and not included as part of development infrastructure. Water Use and • Groundwater supplies in coastal communities at risk from • Create buffer zones to prevent development of civil works Resources overuse pollution from development and saline intrusion in upland water recharge and lowland extraction zones; due to sea level rise; • Implement watershed management and water policies; • Increased extraction of surface fresh water will negatively • Update water quality standards impact agriculture, ecology of watersheds and nutrient • Monitor discharge zones upwelling in coastal zones; • Adopt policy for use of renewable energy for desalination • OECS MS have developed water policies or and watershed projects and grid connect arrangements management plans in place to encourage sustainable and equitable access to water resources. Enforcement of these policies has been lacking. • Increasing freshwater availability in coastal areas (e.g. via desalinization) will have positive impact on future development opportunities however brine and wastes from the process will contribute to further destruction of coastal ecosystems. Renewable energy (e.g. solar PV) will offset the huge energy demand for desalinization. 15 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact Extractives (Oil, • There are exploratory subsea mining activities already • Adequate mining regulatory framework to include gas and mining) underway for Grenada standards and best management practices for • There is no offshore or coastal onshore oil, gas or mining ecosystem restoration; exploration or production activities already present and • Ban on resource extraction from vulnerable areas under plans are not available for review intense coastal erosion • At present there are no sector-related infrastructure or • Petroleum regulatory framework facilities located in ecologically sensitive coastal zones (e.g. • Climate change modelling and sea level rise risk maps refinery, LNG storage terminal, mineral port, • Adequate cadaster loading/unloading facilities and associated road, rail and • Need national policies for development of the oil and gas power and water supply infrastructure) sector to include coastal and marine resources • Sand and gravel mining, although illegal in most cases, have management negative effect on shoreline stability or sea-floor ecosystems in all OECS MS. Renewable and • Existing power plants located in low-lying coastal areas • Long term environmental studies to determine migratory other Energy • There are feasibility studies to determine the viability of new routes of faunal species; Development onshore or offshore energy projects (solar, wind, • EIAs regulatory framework developed geothermal, etc.). Results are not yet finalized. In the case of • Policies for public participation in Planning Process solar farms their potential footprints overlap existing uses of • Environmental monitoring framework and indicators coastal spaces. Marine windfarms are proposed however • Caribbean Union Building Code (CUBIC) OECS Building Code there is no available feasibility studies on same at present; • Competition for agricultural lands as areas with highest solar insulation overlap with best arable flat lands; • Roof mount PV solar must integrate hurricane risk exposure in design life. Maritime • Increased pollution of coastal and marine zones from oil • IMO environmental guide for marina and boatyards in the Transport to spills, ballast water and wastewater/sewerage; Caribbean include marinas, • Pollution from chemicals used in boat repair and • The location of shipping lanes and sensitive ecological areas boatyards and maintenance; must be mapped on marine spatial plans to determine yachting sector • Potential for increase conflicts between fisher folk, where they intersect and to zone uses appropriately for government and investors in marina, tourism projects; Areas better management; in Petit-Martinique targeted for development is used by fishermen. 16 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact • Increased piracy in OECS MS. • The impact of piracy on shipping or other uses of ocean and coastal space needs to be assessed and included as part of regional maritime security agenda. Tourism • In OECS MS there are planned and existing tourist facilities • Definition of No-go areas and buffer zones to preserve in low-lying coastal areas, which have operations or guest protected areas; activities (boating, scuba-diving, etc.) which pose risks to • Introduce the precautionary principle local ecosystems (wildlife, coral reefs, mangroves) – over use • Establish regulatory system that excludes oil& gas of recreational areas; disposal of untreated sewage; activities in the proximity of protected cultural heritages generation of large volumes of solid waste) and marine protected areas • Other existing or planned economic activities in coastal or • Establish limits of acceptable change and carrying marine areas which could pose a threat to or compete for capacity for marine parks and conservation zones resources with tourism activities include oil and gas • exploration; development of marine wind farms; aquaculture. • Capacity assessment of coastal and marine resources to keep pace with the fast-growing rate of tourism sector is necessary. The inter- • Multiple effects – biodiversity and faunal effects • Develop a cumulative effects management framework relationship associated with habitat disturbance; contamination of • Decision-support system for ecosystem-based approach between the soils, and groundwater; oil spill risks to coastal and natural resources management; issues • Cumulative effects • Inter-agency collaboration; • Implications for Spatial Land Planning • Integrated development planning (multi-sector); • Waste management • Potential pollution of remote uncontaminated areas 17 FINAL REGIONAL SESA FOR OECS CROP 1.7 Program 2 - Good Governance Framework for CMSP Weak or poor governance has been cited as a significant contributor to over-exploitation of marine resources, environmental pollution and degradation of the Caribbean Sea. A framework for good governance was developed as a means of conducting an analysis of institutional capacities in OECS Member States. Measures to improve governance are provided in sections 1.8 and 1.9 below. There are three key components of the framework for good governance: 1) Legal, regulatory and Institutional Framework; 2) Planning and Decision-Making Process; and 3) Implementation, Compliance and Monitoring. Accountability Policy, Legal, Planning & Institutional and Decision-making Regulatory Process Framework Good Governance Implementation Enforcement and Compliance Fairness/Equity 18 FINAL REGIONAL SESA FOR OECS CROP 1.8 Regional Priority Areas for Action While the outcomes of the CROP CMSP are specific, to ensure success in implementation action is needed to improve governance as well as to mitigate impacts of environmental degradation. Several priorities to improve the governance framework for management of marine and coastal resources at the regional level, were among the key findings of the situation and stakeholder analysis and the recommendations from the CROP feasibility study. They include: 1.8.1 Immediate to Short Term Actions (2018-2020) o The terms of reference and composition of the regional Ocean’s Governance Team must be reviewed to ensure that there is full stakeholder participation in MSP processes; o For a regional MSP to be effective, the World Bank and the OECS Commission must solicit the buy-in and participation from as many countries sharing the island chain as possible; o Regional agencies and projects should be engaged to help encourage participation from non-CROP countries; o The regional Ocean Governance Team should play a key role in guiding the work of the national and regional MSP to ensure that decisions are aligned with international best practice; o A regional data base of persons qualified in MSP relevant fields should be created to allow for exchange and utilization of national and regional technical experts in the planning and implementation of MSP; o The key activities that should be completed prior to the final approval by the GEF and project kick-off include concluding boundary delimitation discussions with neighboring countries, soliciting buy-in and participation from other countries that are not part of the CROP, and mobilizing additional financial resources; o A regional Legal Advisory Task Force with representation by the Attorney General from each OECS country should be created very early in the process to provide legal guidance for the MSP. 1.8.2 Medium to Long Term Actions (2020-2022) o Collaboration mechanisms with potential regional partners should be promoted as there are several ways that they can support CROP implementation including mobilizing finances, providing training, undertaking project work, supporting stakeholder participation, and guiding the development of the required legislative and operational framework; 19 FINAL REGIONAL SESA FOR OECS CROP o Establish a regional environmental protection agency to provide support for national agencies in areas such as monitoring, baseline ecosystems surveys and assessments, research, environmental information management systems and data management; o Establish a regional environmental commission, tribunal or court at the CCJ to address matters related to management of the Caribbean Sea, territorial boundaries and EEZ, compliance with regional environmental standards and laws; o Develop regional oversight mechanism for public authorities with responsibility for environment, coastal and marine resources management; o Develop regional oversight mechanism for transparency, accountability and combating corruption in allocation of resources from exploitation of natural resources; 1.9 National Priorities for Action The areas for action are grouped based on the findings presented for analysis of the Governance Framework in Section 2 above. Separate attention is also given to prioritizing action for reducing the environmental pressures that result in degradation of the coastal and marine resources in OECS MS. A general requirement is the need to develop indicators for tracking progress in governance of coastal and marine resources. Each member state was required to provide national priority selection to feed in the SESA process. Responses were provided by Dominica, Grenada and St. Lucia and these are attached as annexes to the report. The following is the ranking developed by the consultant which will apply for St. Kitts and Nevis and St. Vincent and the Grenadines, as informed by the situation analysis. Priority 1: Immediate Action (2019-2019) Priority 2: Short-term Action (2020-2020) Priority 3: Medium to long term (2020-2022) 20 FINAL REGIONAL SESA FOR OECS CROP 1.9.1 Legal and Regulatory Framework Table 1.2 Recommended Actions for improvement of Legal and Regulatory Framework in OECS MS Sub-Components RECOMMENDATIONS FOR ACTION PRIORITY Laws, policies and • Enact Environmental Management Act and supporting regulations 1 strategies related to • Enact Regulations for Physical Planning Act to include regulations for EIAs 1 coastal and marine management • Adopt international MEAs into domestic legislation 2 • Revise Forestry and Fisheries Legislation to include coastal zone management 1 POLICY, LEGAL, INSTITUTIONAL AND REGULATORY FRAMEOWRK • Revise and update Beach Protection Act to include coastal erosion and sea level rise 2 • Develop National Ocean Governance Policy 1 Legal framework to • Develop legal framework for user rights of public lands, forests, beaches, mangroves, coastal and marine spaces 2 support and protect • Revise user rights and fee structures for national parks and protected areas 1 land tenure, ownership • Kalinago Territory need to improve framework and develop by-laws to protect communal natural resources 1 and use rights COMPONENT ONE • Geographic coordinates for Kalinago Territory to be legally defined for spatial plans 1 Integration of • National Physical Development Plans integrate Climate Change Adaptation Plans 2 Development Policies • Tourism Master Plan integrate climate change and sea level rise 1 with CMSP • Forestry Policy and Action Plans; include mangroves and protection of coastal wetlands 2 • Housing Policy and Settlement Plan integrate into CMSP 2 • Multi-hazard risk assessment 1 • Develop linkages with national development plans and poverty reduction strategies 1 Institutional Framework • Develop institutional framework to protect traditional resource rights for sustainable livelihoods of vulnerable and marginalized communities • Kalinago Council needs to manage traditional practices for natural resources use; develop by-laws to manage 1 land to reduce conflict between formal and informal • Protect right of public access to the seashore and marine resources in CMSP 1 Financial Incentives, • Revise tax regime and concessions for fishing and tourism sectors to correct distortions which contribute to 2 Economic Instruments environmental degradation and Benefits sharing • Introduce structured license fees for commercial fisherfolk and tourist sport fishing 2 • Develop quota system for extraction of natural resources for all users (private and commercial) 2 • Develop regime of economic instruments for resource management 2 21 FINAL REGIONAL SESA FOR OECS CROP 1.9.2 Planning and Decision-making process Table 1.3 Recommendations for Improvement of Planning and Decision-making process in OECS MS Sub-Component RECOMMENDATIONS FOR ACTION PRIORITY • Update Socio-economic development plans to include projects and actions for reduction of environmental pressures 1 Planning which lead to environmental degradation (see table 3.4 for areas for action) Context and • Conduct training in use of economic valuation, environmental assessments, hazard risk assessment and climate change 3 Levels of scenarios to evaluate Public Sector Investment Projects Planning • Update Sectoral development plans to include provisions for protection of coastal and marine resources as appropriate 3 • Promote integrated development planning 3 PLANNING AND DECISION MAKING PROCESS Planning • Improve participation of Private sector and citizens in the planning and decision-making process across all levels of 1 Process & planning Decision • Operationalize ecosystems-based approach in coastal and marine spatial planning process 1 Support • Develop decision support systems and integrate hazard risk and environmental analyses into the decision-making 1 Systems process COMPONENT TWO Public • Institutionalize public participation; include standing citizen advisory groups in setting priorities for development plans 1 Participation • Enforce Freedom of Information Act 2 • Develop guidelines for public participation in environmental and social impact assessments; make stakeholder 1 consultations for EIAs a mandatory requirement • Adopt principles and provisions of Regional Agreement on right to access to information public participation and 2 environmental justice into national legislation • Develop indicators to track progress in implementation of policies, projects, plans etc and evaluate impact 1 Transparency • Improve transparency of CBI Projects which utilize public coastal and marine resources 2 & • Make public all lease, licenses, permits, quotas, concessions granted for coastal and marine resource use/development 2 Accountability • Develop indicators to track progress in implementation of Freedom of Information Act 1 • Develop regional oversight mechanism for public authorities • Correct public policy failures which limit stakeholder action in development planning and decision-making process 3 Stakeholder Capacity and • Create program of action to build capacity for stakeholder action in Kalinago Territory 1 actions • Develop national environmental education strategy for all levels of decision-makers 2 • A well-funded and comprehensive communications strategy should be developed that engages all stakeholders, and 1 utilizes diverse media outlets (e.g., web, public lectures, and stakeholder meetings) to reach the public. 22 FINAL REGIONAL SESA FOR OECS CROP 1.9.3 Implementation, Monitoring and Compliance Table 1.4 Recommendations to Improve Implementation, Monitoring and Compliance in OECS MS Sub-Component RECOMMENDATIONS FOR ACTION PRIORITY • Improve capacity of ministries charged with responsibility for management of coastal and 1 IMPLEMENTATION, MONITORING AND COMPLIANCE Administration of marine resources (human, technical, financial) coastal and marine • Develop participatory approach for monitoring of coastal and marine ecosystems 1 resources • Publish state of the environment reports (annual) 1 • (see list of environmental issues requiring action) • Indicators and benchmarks for tracking environmental quality must be developed 1 • Improve capacity of judiciary for enforcement of laws and regulations 3 COMPONENT THREE Law enforcement • Develop incentives for public participation in enforcement 3 • Develop financial and tax incentives for voluntary compliance 2 Administration of • Develop regional environmental commission, tribunal or court 3 land tenure and • Improve access to judiciary; educate citizens on rights and process for judicial intervention in 2 property rights resolving conflicts • Kalinago Council - Develop land and property administration system for Territory 2 • Develop regional environmental protection and management authority 3 Cooperation and • Develop standing committee, citizen development commissions for CMSP 1 coordination • Institutionalize roles and responsibilities of regional coordinating agencies 2 Measures to address • Develop regional oversight mechanism for combating corruption 3 corruption 23 FINAL REGIONAL SESA FOR OECS CROP 2.0 SCOPE While the outcomes of Component 1(a) of the CROP are spatial plans, large emphasis is placed on the planning process itself. Planning as a process involves participation across sectors and interests and is multi-objective and multi-dimensional. Coastal and marine spatial (CMS) planning is a comprehensive, adaptive, integrated, ecosystem-based, and transparent spatial planning process, based on sound science, for analyzing current and anticipated uses of marine and coastal, areas. An ecosystem-based approach to planning requires systems thinking be applied to the decision-making process. Decision support systems have been developed for integrated coastal zone management (ICZM) and are applicable for the CROP project. The CMS planning process results in the identification of areas most suitable for various types or classes of activities to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, and preserve critical ecosystems. It is therefore a public policy process for society to better determine how marine and coastal resources are sustainably used and protected now and for future generations. It involves the basic difficulty, even impossibility, of predicting future events; the interaction of decisions made in different policy spheres; conflicts of values which cannot be fully resolved by rational decision or by calculation; the clash of organized pressure groups and the defence of vested interests; and the inevitable confusions that arise from the complex interrelationships between decisions at different levels and at different scales, at different points in time. 24 FINAL REGIONAL SESA FOR OECS CROP 3.0 BACKGROUND 3.1 Sector Programme justification and purpose To promote a common approach to ocean governance (i.e.: pursue a blue economy), the OECS has taken a first step through the adoption of the Eastern Caribbean Regional Ocean Policy (ECROP) and its Strategic Action Plan. Endorsed by the OECS’ Heads of Government in 2013, ECROP guides the future use of the region’s marine waters and provides a basis for enhanced coordination and management of ocean resources within the Eastern Caribbean. The OECS Commission operates within the regional mandate of ECROP which encourages the collaborative formulation of well-integrated governance frameworks capable of addressing marine user conflicts and protect the fragile legacy of their marine environment. With few spatial planning initiatives of smaller scale adopted so far, ECROP calls for multiple-use ocean planning and integrated management techniques for better decision-making over transboundary marine systems. In response to the outcomes of the ECROP, the OECS with the World Bank have prepared the Caribbean Regional Oceanscape Project (CROP) that responds to such demand for spatial planning initiatives, through the adoption of coastal and marine spatial plans to coordinate management across sectors and resources and integrate environmental management directly with economic development. These plans will build upon early national marine planning efforts2 and will help Eastern Caribbean countries better understand and then reform governance of the diversity of ocean uses and economic activities, resulting in a more secure framework for sustained investment in the blue economy. CROP is being implemented in five participating OECS Member States (MS): Dominica, Grenada, St. Kitts and Nevis, Saint Lucia, St Vincent and the Grenadines. As a precursor to the development of Marine and Coastal Spatial Plans to improve ocean governance, a Regional Strategic Environmental and Social Assessment (SESA) is 2National Ocean Policies in St. Vincent and the Grenadines, and St. Kitts and Nevis (draft); Integrated Coastal Zone Management (ICZM) policies in Grenada and St. Lucia 25 FINAL REGIONAL SESA FOR OECS CROP required. The SESA will facilitate the incorporation of priority environmental and social considerations into CROP outputs and outcomes particularly as related to indigenous communities where relevant, and to concerns associated with natural habitats, especially mangroves, coral reefs and sea grass beds and their associated biodiversity at a Regional level. The SESA will identify environmental investment opportunities and promote environmentally sustainable and socially responsible development from a regional perspective. In this way, the Regional SESA is expected to promote long-term integrated development planning for sustainable economic growth and poverty reduction within the region. 3.2 Coastal and Marine Spatial Plans in the OECS Each CROP country, except for Grenada, has yet to clearly articulate their own vision and national policy direction for coastal and marine spatial plans for their country, which will align with the regional project vision. This vision statement should be realistic, credible, and attractive such that it attracts commitment and energizes people, while creating meaning to stakeholders. It is recognized that broad-based stakeholder participation is a critical aspect to the planning process to achieve consensus and ensure that plans are sustainable, can lead to economic growth and equitably share those benefits. Examples of stakeholder action to formulate coastal and marine spatial plans can be found in Dominica and St. Kitts and Nevis. In the case of Dominica stakeholder action led to the creation of the Portsmouth Citizens Planning Commission to resolve problems with rapid unplanned development of the town. For St Kitts and Nevis, stakeholders participated in developing the first marine spatial plan in the region. Figure 3.1 presents a summary of the main lessons learnt from the process. 26 FINAL REGIONAL SESA FOR OECS CROP Figure 3.1 LESSONS LEARNT FROM ST. KITTS & NEVIS MARINE ZONING PLAN • The importance of establishing strong relationship with stakeholders (users, government and private sector). The project team invested a great deal of time and resources in forging relationships with government Ministries, their respective agencies, and stakeholders of St. Kitts and Nevis. A steering committee with membership across agency staff and user groups was established to guide the Marine Spatial Planning process. These relationships were instrumental for many activities from project management to collection of data during field surveys. • The challenge of representing habitat and uses at the edges (for example off-shore and watershed areas). Although the country indicated the desire for a zoning plan that extends out to the EEZ the project team was not able to address this due to the lack of clear methodology for the collection of spatial information for habitats extending beyond the 30-meter depth contour line, and the scope of resources for the project. • The challenge of representing the future vision for marine systems in quantitative and analytical tools deployed in a marine zoning process. The project team dedicated considerable effort to helping citizens of St. Kitts and Nevis to define a shared vision for their marine space. The challenge was then spatially representing this shared vision and explicitly incorporating the vision into quantitative and analytical tools. • The important yet challenging task of effectively integrating socio-economic and ecological data. Prioritizing the collection of a wide variety of information across both the socio-economic and ecological spectrum and integrating this information can be challenging. Making balanced decisions on investments of data resources, acknowledging the mismatch in scale between types of data, and making transparent choices to overcome this challenge is essential. • The importance of careful and thoughtful use of systematic conservation planning tools. The systematic conservation-planning tool applied in this project (Marxan with Zones) helped organize a wide range of information and assign actions to specific locations across the seascape. Like any modeling tool, Marxan with Zones presents a set of challenges and opportunities. There is a danger of such tools becoming a “black box” with choices and assumptions unclear to stakeholders, setting up a negative chain reaction against other decision support products. In order for these tools to be useful, it is important that they are applied in the most transparent manner, with stakeholder involvement in the definitions of key assumptions and parameters. • The challenge of effectively matching the scale of the problem with the solutions. There is a fundamental dilemma in ocean management: the scale at which we can readily practice effective management and the scales at which marine ecosystems operate are very different (Agardy 2010). This is a very common problem in small island developing states. Successfully achieving sustainable ocean use will require recognition of this problem, mobilization of resources to develop solutions, and leadership in driving change. The draft marine zoning design and all of the project activities leading up to it have built a strong foundation for marine zoning in St. Kitts and Nevis. The next phase of this work involves continuing the work with government and stakeholders of St. Kitts and Nevis to finalize and implement the existing draft marine zoning plan. Moving the marine zoning design generated for St. Kitts and Nevis to a fully implemented marine zoning plan will take a concerted effort on the part of government, user groups, NGOs, and the international community. Source: http://www.marineplanning.org/Case_Studies/StKittsNevisZoning.html 27 FINAL REGIONAL SESA FOR OECS CROP “Toward a Blue Economy: A promise for Sustainable Growth in the Caribbean” provides a framework within which OECS States can articulate their vision and national policy direction. The Grenada Blue Growth Master Plan is considered an exemplar and therefore used as the future scenario upon which to provide environmental and social guidelines for the SESA on coastal and marine spatial planning in OECS States. The CROP CMSP will also develop a refined Grenada Blue Growth Master Plan which is a desired outcome of the Planning process. Annex 3 of “Towards a Blue Economy: A Promise of a Sustainable Caribbean” present a detailed overview, spatial representation and portrayal of a future scenario for marine/coastal development in Grenada, Carriacou and Petit Martinique. The key features of the coastal and marine spatial plans are summarized on the following page (excerpt from document). This information on Grenada’s Blue Growth Master Plan (BGMP) is based on what has been made available to the consultant from the OECS Commission for use in the SESA. The consultant has no other knowledge of any updates or changes to the BGMP. : 28 FINAL REGIONAL SESA FOR OECS CROP GRENADA BLUE GROWTH MASTER PLAN 1. MARINE SERVICES - Development of new full-service marinas on Petite Martinique and Carriacou will enhance their strategic location as a ‘Gateway to the Grenadines’ and southern safe haven during the hurricane season. New jobs will help to boost the economy in those areas and allow residents to pursue work without having to leave the islands. 2. BOUTIQUE TOURISM - New smaller-scale resort hotels with high-end amenities will help increase the international tourism business to northern Grenada, Carriacou, and Petite Martinique. The relocation of the existing Lauriston Airport in Carriacou to Dumfries, with a longer runway that will accommodate commercial airlines, will open the door for new tourism opportunities. 3. MARINE RESEARCH - Northern Grenada, with access to the pristine ocean waters surrounding Ronde Island, the Leatherback Turtle nesting area near Levera, and the submerged volcano— Kick Em Jenny just off shore—should establish itself as the base of operations for significant marine research into the potential benefits from the ocean’s biological resources and unique environment. Facilities that foster research activities by academic, private, government, and international institutions could include: Ocean Life Research, Turtle Research, and expanded Submarine Volcano Research. 4. ECOTOURISM - With its close proximity to Mount St. Catherine, the highest mountain peak in Grenada, and to numerous waterfalls, Victoria is a prime location to promote Ecotourism in Grenada. The scenery is breath taking and the flora and fauna of the rainforest will be major draws for hikers. Development will highlight activities centered on Healthy People and a Healthy Planet, including Renewable and Efficient Energy. 5. FISHERIES/AQUACULTURE - The village of Gouyave is the ‘Fishing Capital of Grenada’ and host to weekly ‘Fish Friday’ festivals. Development here will further promote the fishing industry in Grenada with increasing exports to North America and Europe. CRFM members were also recently urged to reverse the decline in aquaculture. In addition to the promotion of the fishing industry, new development should advance Gouyave as a Fisheries and Aquaculture leader in the region. 6. GLOBAL TOURISM - The southwest quadrant of Grenada, with the international airport and cruise ship terminal will further promote development with a focus on Grenada as a world- class tourism center for hospitality, education, medical care, and sports. New facilities that will enhance the global market image include a Grand Anse Tourism Center, Medical Tourism Hospital, and Wellness Campus, Hotel/Casino, Regional Sports Center and Village, and the site for the proposed Blue Growth and Oceans Governance Institute. 7. SCIENCE AND TECHNOLOGY - This area, with proximity to the airport, major businesses in St. George's, and St. George’s University, is envisioned as a high-tech knowledge corridor for new international ventures and services in concert with the proposed new Google partnership. 8. COASTAL RESIDENTIAL - The southeast coast of Grenada, with numerous peninsulas and protected coves, is ideal for the development of marina communities for residents as well as retired expats. The developments will range from individual homes to villas and multi-family apartment complexes. 9. SHIPPING AND INDUSTRY - Relocation of the port to Grenville, in conjunction with a free trade industrial zone and cargo air terminal, will increase Grenada’s role in the shipping industry while allowing the development of light industrial activities and other new economic opportunities for Grenada’s east coast. 29 FINAL REGIONAL SESA FOR OECS CROP Notes on the Plan (excerpt from document) Land within each of the proposed development zones was identified along with a list of potential projects that would be provided special Blue Growth Incentive Packages by the government. Potential strategic projects were discussed based on the following criteria: • The plan must consider conservation and protection of the environment. • The plan must reflect the ‘Pure Grenada’ brand. • The plan must integrate with Grenada’s strategic plan and coastal zone management plan. • The plan should be ‘transformative’ and address the economic, environmental, and social impact. • The plan should allow opportunities for local investment. From the list of strategic projects, the following criteria was used to determine priority projects: • The project is sustainable. • The project promotes economic, environmental, and social goals. • The project addresses a global and/or Caribbean market. • The project does NOT require a government infrastructure investment. • The project has a high potential for private investment. • The project creates both short-term and long-term jobs. • The project is likely to create ‘spin-off’ projects and opportunities. Preliminary design concepts were developed for the priority projects to best convey the vision to investors. These diagrams and benchmark images are indicative of the desired project scope and scale but are not final designs. The investor is invited to discuss alternative concept plans and/or a project scale that may better meet the investor's financial pro forma. 30 FINAL REGIONAL SESA FOR OECS CROP 3.3 Environmental policy, legislative and planning framework The policy, legal, institutional and regulatory framework for coastal and marine spatial planning in the OECS must also be analysed across several levels of influence, international, regional, national and sub-national (Figure 3.1). In this analysis “institutions” is distinguished from “organizations” and used in its broadest application to include: customs, behaviour patterns, rules - cultural norms and practices which shape the political economy, rights, access, duties, use and allocation of coastal and marine resources and the stakeholders involved in management of those relationships. This definition of institutions is of significance given that it is necessary to examine customary practices for coastal and marine planning for the indigenous Kalinago community of Dominica. Global Macro-Scale Institutions, Economic Policies Regional Meso- Scale (Gatekeepers) Regulated inputs Government Regulated outputs Parliament, Cabinet Perception & awareness National Micro-Scale Decision maker, choice Line Ministries, Decision Private makers, Sector, planners, Policies, policies of adjustment Laws, regulations Response to drivers and Communities, households, individuals; pressures cultural norms and practices Figure 3.2. Levels of Analysis and Interactions for CMSP (after Jessamy, 2003; JECO, 2011) Figure 3.1 Levels and scales of assessment for Regional SESA for CROP 31 FINAL REGIONAL SESA FOR OECS CROP (a) International & Regional Laws and Agreements for CMSP Singh (2008) conducted a comprehensive review of the policy, legal and regulatory framework for governance in the Caribbean Sea at the international and regional level but did not delve into the national level (Figure 3.1). The review provides a thorough treatment of international conventions and laws, multilateral environmental agreements, UN general agreements, regional treaties and agreements and “soft laws”, resolutions and diplomatic agreements. Dr. Singh provided details on the provisions of the various conventions across three themes, pollution, sustainable management of living resources and sustainable management of non-living resources. From the review it can be concluded that there is a robust regulatory framework for Caribbean ocean’s governance at the international level (Figure 3.2; Annex I). A work plan was formulated by the Association of Caribbean States (ACS) and UNECLAC to track progress in implementation of the obligations under the various resolutions and agreements. Following from the work of the ACS, Singh concludes that “large cohort of responses have been undertaken by States and it shows that actions are being taken in the region. For example, projects were undertaken to address integrated coastal zone management, upgrading contingency plans for port States, addressing oil pollution and information and training for oil spill response among others”. Singh notes however that there is a lack of clarity or coherence in some of the conventions and in many cases repetition of provisions. States have been slow in ratifying agreements after signing and even slower in effecting implementation at the national level. It is noted that independent States are quicker to ratify agreements than dependent territories who are lagging behind. The recommendation is made for a common legal framework for Caribbean oceans governance, to rationalize the various MEAs and develop coordinating mechanisms for their implementation. 32 FINAL REGIONAL SESA FOR OECS CROP Figure 3.2 Conventions, MEAs, Policies and Programs of Action for Management of the Caribbean Sea (Singh, 2008) 33 FINAL REGIONAL SESA FOR OECS CROP .(c) National policies, legislation, and regulations for CMSP • Annex I provide a comprehensive listing of all the policies, legislation, regulations, conventions and MEAs for coastal and marine spatial planning in OECS MS. • National policies, strategies and programs of action for emerging environmental management issues such as climate change, conservation of biological diversity and marine resources are influenced by international conventions and multi- lateral environmental agreements. Most of the national laws’ pre-date these international agreements. • A striking observation is the fact that despite the signing or ratification of several of the international and regional conventions and agreements, countries have been slow in adopting them into national legislation to effect implementation. The ability to translate global, regional and national policies all the way through to the community and individual level where actual resource utilization takes place, explains the ongoing challenge for achieving sustainable development in the region. • OECS MS are presently taking action to legally define their territorial boundary and there are boundary conflicts to be resolved. This is of critical significance given the wealth of marine resources to be exploited. In addition to fisheries, whaling, recreation, tourism and yachting there are potential petroleum and other geological natural resources. • The OECS Marine Research Strategy is designed to allow MS take advantage of this wealth of resources including the potential for marine medicine and ocean energy. It is clear though that these resources are presently undervalued and under- utilized, and the policy framework must be updated to fill this gap. As is the case for their territorial boundary, the exclusive economic zone (EEZ) is not yet legally defined for all OECS MS. August, 2018 34 FINAL REGIONAL SESA FOR OECS CROP 3.2.2 Legal Framework to protect Land tenure and resource rights • In OECS MS the upper watersheds and catchments are typically Crown lands (state owned) with very limited area being privately owned. These have been declared as protected watersheds or national parks and managed by the Forestry or National Park Departments. Privately owned lands in upper watersheds are utilized mainly for agriculture and to a lesser extent residential purpose • In most States there are customary resource use rights such that resources on state lands are considered de facto common property except in the case of Dominica where natural resources are legislated as property of the State and every person requires a permit or license to extract resources (fish, hunt, gather). • In other territories licenses and permits are required only where resource extraction is for commercial purposes. Marine resources are also customary de facto common property and people have rights for access to the coast and marine space. • The OECS Protected Areas and Associated Livelihoods Project (OPAAL, 2004-2010) resulted in the development of management plans for protected watersheds in Member States. Economic valuation was undertaken for some watersheds. There has been a trend to establish marine parks and protected areas in OECS MS and each island now has at least two areas formally declared and managed. • Protected watersheds are forested areas and the non-timber forest products including eco-tourism services have traditionally been treated as de facto common property resources. The impact of the trend [to apply market 35 FINAL REGIONAL SESA FOR OECS CROP mechanisms to manage traditional common property assets] on the sustainable livelihoods of natural resource dependent communities has yet to be assessed. • One of the most successful MPA has been the Soufriere MPA in St. Lucia. The lessons learnt from this management regime informed the development of a similar arrangement for Grand Anse Beach Grenada. Only St. Kitts and Nevis has a Marine Zoning Policy for the entire Island. This policy was formulated based on a combination of natural resource assessment and trade-off analysis among various stakeholders. • The marine policy does not include a seamless database integrating the land with the sea and no clear pathway for management of land-based sources of pollution. 3.2.3 Broader Development Policies Integrated with Coastal & Marine Policies • OECS Member States have recently participated in a regional Integrated Watershed and Coastal Area Management Project (IWCAM) which resulted in the formulation of draft watershed management strategies and water resources management policies for participating member states. Implementation of these strategies and policies has not yet fully commenced and there remains the need for both protection of water production regions and for managing the yield of water for human consumption. • In the drier low-lying islands in the Northern Caribbean this is of crucial importance as groundwater reserves must also be protected and managed as well. A good database is now available of the natural resources and institutional framework for watershed management (Annex VII) The challenges with management of small steep watersheds with relatively high rainfall frequencies are well documented in the list of country reports reviewed for this synthesis. (See Section 5). 36 FINAL REGIONAL SESA FOR OECS CROP • All of the OECS MS have developed National Land Policies and Zoning Plans which are in various stages of implementation and or formal approval by the Cabinet of Ministers and adoption into the legal framework. St. Lucia proposed a revised National Land Policy in 2015; St. Kitts and Nevis has several national Physical Development Zones and accompanying plans; Dominica in 2016 formulated a National Physical Development Plan which takes into account the impacts of Hurricane Erica in 2015. This plan must be revisited to account for the lessons learnt from the impacts of Hurricane Maria; St. Vincent and the Grenadines in 2014 formulated a National Physical Development Plan; in 2016 Grenada formulated a national land policy which has been approved by the Cabinet of Ministers. • The ECROP provides a framework for redressing these challenges. Implementation has not yet begun as the recommended action plans have not yet been fully translated into national programs of action. • The OECS Oceans Governance and Fisheries Unit is presently developing codes and policies for data management and marine research that will drive action at the national level. It is envisaged that implementation of the Strategic Action Plan of the ECROP will lead to a transition in integrated management of new marine resources which are currently to some extent un-assessed and under-utilized. • In all OECS Member States over 70% of human settlement and development activities take place within the narrow low-lying coastal belt. Most of these lands are privately owned and because of market forces this zone is mainly targeted for tourism, commercial development, fisheries infrastructure and high-income residential neighborhoods. • Tourism development policies favor coastal, beach tourism and the trend for the OECS is that most of the infrastructure for this sector is located within the direct impact zone for storm surge, tsunamis, coastal erosion and sea level rise. In writing this report (August 2018) the consultant’s work was interrupted by an earthquake originating of the coast of Venezuela (7.9 lasting for 60 seconds with 37 FINAL REGIONAL SESA FOR OECS CROP impact zone radiating 200 miles outward from the epicenter) A tsunamis alert was issued for Venezuela, Trinidad and Grenada. This makes urgent the proposal for a for a regional response mechanism to the threats (Robin 2007). 3.2.4 Institutional Framework An historical analysis will reveal that most of the national legislation pre-date the OECS Member States achieving independence from Britain in the 1970s. There are no provisions in the constitutions of any of the OECS MS for environmental and natural resource rights and for citizens participation in protection of those rights. In most cases the laws are not supported by regulations and rules to allow for implementation, monitoring and compliance. Traditional norms and cultural practices influence the manner in which resources are utilized resulting in conflicts, exploitation of resources and environmental degradation. Empirical work undertaken by Jessamy (2003, 2005, 2006) reveals that the interaction of formal and informal institutions and organizations often leads to conflict situations and poor governance. Informal institutions and organizations predominate at the micro-level, the policy space referred to as social capital. These relationships are played out in the case of the Kalinago Territory where there are no regulations for utilization of forest resources and traditional “slash and burn” practices have resulted in resource exploitation and land degradation. The Kalinago Territory in Dominica was established by an Act of Parliament and the rights of the people are not enshrined in the constitution of Dominica. Laws and regulations for natural resource management such as the Fisheries Act and Forest Act do not include any provisions for the management of the resources of the Territory by the Kalinago Council. Given that the policy process is driven from the Organizational/ministerial level, there are inadequate formal provisions for the empowerment and inclusion of resource users in the management of natural resources. As a result, informal cultural norms and practices predominate and there are limited procedures for regulating natural resource use 38 FINAL REGIONAL SESA FOR OECS CROP resulting in environmental degradation in most cases. There is a historical vector to the social context as exemplified by present circumstances, which were set by repetitive patterns over time. As such customary norms and traditional practices often dominate individual options and decision making in the absence of rules, codes of practice and guidelines for land, coastal and marine resource management. The role that social, institutional and political factors play in determining resource use and adoption of best management practices is paramount. 3.2.5 Financial Incentives, economic instruments & benefits sharing • The private sector in the OECS MS are provided with duty free concessions and tax holidays as incentives to operate businesses. Tourism investment laws, Fisheries Legislation, Custom Tariffs for Agriculture, Manufacturing and Industrial Sectors have been developed to facilitate economic development. • There are few quota systems or fees for resource extraction and there are few economic instruments or tradeable permits for managing user rights. Markets are therefore able to exploit natural resource assets for capital gains with the benefits flowing largely to private individuals. Social benefits is mainly through job creation which means civil society carries the bulk of the weight for paying taxes on income and for goods and services. There are no financial incentives or requirements for environmental protection measures to manage the externalities of economic development such as wastewater management. This burdens rests with the government and civil society as a whole. • After a thorough search of the existing literature only limited information was gathered on the economic valuation of marine ecosystems in OECS MS (WRI, 2008). There is evidence that fisheries are important for sustainable livelihoods and make a significant contribution to national GDP (ECCB). 39 FINAL REGIONAL SESA FOR OECS CROP • The externalities of tourism and human development activities are not included in assessments of the economic benefits of that sector and no one accounts for the cost of environmental degradation. There are only limited examples of use of economic instruments such as licenses, user fees and tradeable permits to manage protected watersheds in OECS Member States (St. Kitts and Nevis Dominica, St. Lucia, Bequia, Grenada – have limited user fee system for tourists to access national parks, eco-trails and attractions). 3.2.6 Kalinago Territory Dominica During consultations members of the Kalinago Council expressed the strong view that the Territory is an autonomous government on the same level as the Government of Dominica and not subservient to the Government and Ministry of Kalinago Affairs. To the Council, the Ministry of Kalinago Affairs is viewed as a liaison between the two entities. The relationship as explained by Councilman Hill, is shown in Figure 3.4. In reality the legal framework for management of the territory is different, a vertical hierarchy of government with power aligned accordingly. As noted earlier the rights of the Kalinago Community are not provided for at the level of the Constitution of Dominica. Their rights to participation is the same as for all people of the Commonwealth of Dominica. While Section 29 of the By-Laws of the Kalinago Territory Act provides responsibilities to the Council for the management of the territory, according to Section 48 of the same Act, the overall responsibility for development and planning in the Territory is retained by the Government of Dominica. 40 FINAL REGIONAL SESA FOR OECS CROP Government of Kalinago Council Dominica Kalinago Chief, PM, Cabinet 6 councilmen, Clerk Parliament Kalinago Territory Constitution Act Ministry of Kalinago Affairs Figure 3.4 Perceived Relationship between the Government and Kalinago Council The Ministry of Kalinago Affairs is considered “a specialized organization responsible for the people of the Salybia Constituency, and has the responsibility for coordinating the public services provided by the government while being subordinate to the Cabinet and Prime Minister”. Government of Dominica Ministry of Kalinago Affairs Kalinago Council Figure 3.5 Vertical Relationship between Government and Kalinago Council None of the laws of Dominica with respect to participation in natural resources management makes specific mention to the rights of the Kalinago Council to manage its 41 FINAL REGIONAL SESA FOR OECS CROP Territory. The recently completed National Physical Development Plan (2016) and National Land Use Policy has no demarcation of the Territory. No mention is made of specific plans or mechanisms to provide support for the effective management of the use and development of the Kalinago territorial lands. Within this framework it is difficult for the Kalinago people to assert their rights to participation in the development process. There is dire need for substantive review of the Kalinago Territory Act as well as other legislation to provide the legal framework for participation and protection of the rights of the Indigenous people. Several potential conflicts are to be resolved or given due consideration in order to ensure equity and fairness during participation in the CMSP process: 1. The exact physical boundaries of the Territory have not been formalized and there are long-standing disputes on same. This is important to facilitate spatial mapping and planning for the Territory; 2. The marine (land as below sea) boundaries of the Territory have not be identified and it is a desire of the Kalinago people that it is demarcated; 3. Plans for the Territory developed in consultation with the Kalinago people should be subsumed into the national CMSP During the development of CMSP for Dominica separate consultations and project planning is recommended to ensure that plans are developed based on the aspirations and needs of the community and not the wider national socio-economic drivers and pressures. 42 FINAL REGIONAL SESA FOR OECS CROP 4.0 APPROACH AND METHODOLOGY 4.1 General approach In keeping with the terms of reference (TOR) for this consultancy, the main objectives of this Strategic Environmental and Social Assessment are: • To support the understanding and further inclusion of priority environmental and social considerations in Coastal and Marine Spatial Planning (CMSP) in the CROP and contribute relevant information to Component 1 of the CROP. • To provide specific inputs for the implementation of the regional Strategic Environmental and Social Assessment (SESA). • To further examine the vulnerabilities as well as opportunities for the Kalinago indigenous community of Dominica as related to CMSP. An Indigenous People’s Planning Framework (IPPF) will therefore need to be embedded into the SESA. • To gather and validate risk and impact data as well as to put forward suitable and feasible recommendations intended to avoid, manage and/or attenuate these impacts; • To facilitate the integration of these measures into coherent plans and policies and to ensure its application; • To build strong stakeholder for a for the project’s benefit. Through the for a, the concerns and interests of ‘weak and vulnerable’ stakeholders can influen ce the decision-making processes fostering in addition, increased accountability for policy makers; and • To support the setting-up of an enabling framework for sustainable coastal and marine spatial planning in a participatory manner involving all key stakeholders. 4.2 What is Strategic Environment and Social Impact Assessment Several key stakeholders in participating member states requested clarifications on what is a strategic environment and social assessment (SESA) and how it differs from an environmental impact assessment (EIA). 43 FINAL REGIONAL SESA FOR OECS CROP SESA is a procedural tool to identify and evaluate: policies, plans, or programmes EIA is a process to identify and evaluate: projects that may have significant environmental and social impacts to ensure environmental and social considerations and objectives are integrated into the decision-making process at an early stage. • SESA applied at the policy level requires focus on the political, institutional and governance context underlying decision-making processes. • EIA differs from SESA as the objective is to decide whether a project should proceed and under what circumstances. The process involves consideration by a designated decision-making authority of a wide variety of factors, alternatives, mitigation measures, and public comments (In OECS States the authority is the Land Development Control Authority through the Physical Planning Unit). SESA does not replace the role of EIA in the project planning process and can provide guidelines for strengthening the EIA process. Guidance documents on both EIAs and SESA are available from the World Bank and other development agencies such as UNDP, IUCN, OECD and can be consulted for further details. 44 FINAL REGIONAL SESA FOR OECS CROP Table 4.1 Differences between SESA and EIA (source: IUCN Policy Brief, 2015) 4.3 SESA Methodology OECS MS have yet to adopt a general policy regarding coastal and marine spatial planning and marine resource use in general. As already noted in Section 1.1 above there have been early efforts to develop marine policies and integrated coastal zone management plans. However, none of these plans or programs have yet to be fully adopted or are in the process of being adopted to implement these policies and therefore cannot be evaluated. For this reason, the SESA methodology has been modified to consider the lack of specific sectoral plans and programs, using ECROP as the overarching policy on which to base the SESA process. In this context, the Regional SESA for the OECS CROP is considered strategic, as it attempts to evaluate important factors, risks, opportunities, and constraints related to coastal and marine resource development, which could have implications for 45 FINAL REGIONAL SESA FOR OECS CROP environmental and social management. The process is also informed by the Oceans CEA guidance note (2017), OECD Guidelines, SEA Reports from other countries and the TOR for this consultancy. • PHASE ONE SCOPING Stakeholder Consultation •PHASE THREE REVIEW • Set SESA Objectives Validation •Establish Indicators •Conduct Monitoring • Define Environmental Program and Social Context •PHASE TWO - ASSESS •Undertake Correctice or • Analyze Legal, Policy, •Gap Analysis Adaptive Management Institutional and •Identify Environmental and Actions as required regulatory framework Social Effects, Risks, •Link to Project Level EIA • Scope Stakeholder Opportunities and Constraints Interests & Concerns •Prepare scenarios for coastal • Describe Coastal and and marine spatial plans Marine Environmental •Assess Options Issues •Recommend Strategic Management Options •Implementation strategy Stakeholder Consultation Priority Selection Final Strategy Document Figure 4.1 Phases and Outcomes on the SESA Process 4.3.1 Tasks of the Consultancy To fulfil the objectives of the consultancy the following iterative tasks outlined in the flow diagram below are being undertaken (Figure 1.2): • Inception Report • Situation and Stakeholder Analysis • Priority Selection • Political Economy and Gap Analysis • Indigenous Peoples Planning Framework • Recommendations for the SESA • Final Report 46 FINAL REGIONAL SESA FOR OECS CROP •Inception Report: (i) review the process for the conduct of all activities within the project, (ii) determine roles and responsibilities, (iii) discuss the basis on which this work will be implemented, and iv) Task 1 finalise the work plan and schedule. •Situation and Stakeholder Analysis: undertaken through a comprehensive literature review, one-on- one interviews and expert judgment. The situation analysis will draw on lessons from all other studies prepared in the region, especially those focused on Coastal and/or Marine Spatial Planning and other Task 2 relevant SESAs in the Caribbean and Central American Region. A public participation plan is to be developed as an outcome of the situation and stakeholder analysis. •Priority Selection: the Consultant will organize and facilitate a Regional public participation process consistent with the SESA’s public participation plan to determine the priorities for environmental and Task 3 social management in spatial planning in the Region •Political Economy and Gap Analysis: The Consultant will assess the Regional legal, institutional, regulatory and capacity gaps associated with the Regional SESA priorities and the political economy Task 4 constraints affecting environmental and social management in spatial planning in the Region •Indigenous Peoples Planning Framework: will ensure that adverse effects to the Kalinago are fully avoided, minimized, and/or mitigated. The IPPF will serve as a tool to outline how the Kalinago Task 5 community will receive culturally appropriate social and economic benefits and compensations in case of eventual Project recommended restrictions to areas where their subsistence is derived. •Recommendations for SESA: At the regional or overarching system level, the SESA will present recommendations and options to address the following: legal and regulatory aspects; regional policy and Task 6 capacity gaps; regional political economy constraints affecting sound environmental and social management in spatial planning; involuntary resettlements; inter-institutional coordination •Final Consultant Report: This report should highlight, inter alia: a) The nature of the assignment undertaken, noting the level of success and constraints; b) The quality of participation in consultations; c) Task 7 Lessons learned during the assignment; and d) any limitations to the outputs and their intended use. Figure 4.2 Tasks of Consultancy – Regional SESA for OECS CROP 4.4 PHASE ONE SCOPING 4.4.1 Four Broad Themes of Inquiry From the TOR, a broad range of issues were presented for inquiry in the situation analysis. The consultant was not only required to provide an analysis on the requirements for coastal and marine spatial plans (CMSP) but also the planning process itself. To provide a coherent document that contributes to the other outcomes of the consultancy and CROP, the issues were mapped into four broad themes: (Figure 1.3). 1. Economic Drivers and Pressures in the Coastal and Marine resources 2. Current State of coastal and marine resources 3. Impact of drivers and pressures on Coastal and Marine Resources 47 FINAL REGIONAL SESA FOR OECS CROP 4. Policy Responses: a. Governance Framework for CMSP i. Legal and regulatory framework (global/regional/national; MEAs etc.) ii. Formal and informal organizational arrangements and coordinating mechanisms iii. Informal Customary Planning processes iv. Institutional frameworks including indigenous people’s governance structure, monitoring and enforcement, public participation b. Tools and resource capacity for CMSP; c. Development planning, level of awareness, disaster risk reduction and climate change. 4.4.2 Literature Review Commencing June 2018 and continuing, the consultant reviewed more than 150 relevant documents spanning a period over twenty-five years. Documents included legislation, policies, strategies and action plans, consultant project reports, and news articles from open online sources, focal points, OECS and the library of JECO Caribbean. From the review it is evident that a large body of information exists on the framework for management of coastal and marine resources in the region. As such no attempt is made in this assessment to repeat this process or repeat the findings of previous studies. Instead this assessment offers a deeper insight into the multi-dimensional and multi- objective planning process required for the CROP by focusing on the governance framework, political economy and public participation plan. 48 FINAL REGIONAL SESA FOR OECS CROP Key documents that provide up-to-date background information on coastal and marine resources management in the Caribbean Sea • The Caribbean Region Oceanscape Project (CROP). Assessment of Marine Spatial Planning Feasibility Report. The Nature Conservancy. World Bank Group, 2017. • Caribbean Fisheries Legal and Institutional Study: Findings of the Comparative Assessment and Country Reports Food and Agriculture Organization of the United Nations Bridgetown, Barbados, 2016 • CLME+ : Catalyzing Implementation of the Strategic Action Programme for the Sustainable Management of shared Living Marine Resources in the Caribbean and North Brazil Shelf Large Marine Ecosystems (2015-2025), UNDP • Governance arrangements for marine ecosystems of the Wider Caribbean Region. Mahon et al, 2013. Centre for Resource Management and Environmental Studies (CERMES), Caribbean Sea Large Marine Ecosystem (CLME) and Adjacent Regions (CLME Project). • Situational Analysis: Development of OECS Model Coastal Zone Management Policy and Model Coastal Development Setback Guidelines. JECO Caribbean Inc, 2016 OECS Commission USAID Funded RRACC Project 4.4.3 One-to-one Interviews and Consultations Following from the outcome of the comprehensive literature review, the consultant began engagement with key stakeholders with a clear understanding of the imperatives operating at the regional and national levels with regard coastal and marine spatial planning. The purpose of the stakeholder interactions was therefore to elicit responses on the TOR inquiry into the level of awareness of decision-makers on the need for spatial planning in the development process, and requirements for the public participation plan. A listing of stakeholders, meeting agenda, power point presentation and comments from the various interactions are provided in Annex II to VI of the full report on the Situation and Stakeholder Analysis. The engagements were undertaken during the period July 16 to 27 2018 as follows: • Dominica July 16 – 20, 2018 • Grenada July 24, 2018 • St Vincent & the Grenadines July 25, 2018 • St. Lucia July 26, 2018 • St Kitts and Nevis July 27, 2018 49 FINAL REGIONAL SESA FOR OECS CROP A regional consultation was conveyed September 20, 2018 to review the outcomes of the Situational and Stakeholder Analysis and to select priorities for further assessment in the SESA. The Priority Selection is presented as a stand-alone report and summarized in Section 2 of this report. To finalize the draft Indigenous Peoples Planning Framework (IPPF), a second consultation was held in Dominica with members of the Kalinago Council on October 16, 2018. The IPPF is also presented as a stand-alone report with annexes containing the discussions from the consultations. Table 4.2. Categorizes of stakeholders engaged Stakeholder Category Dominica Grenada St K & N St Lucia St V & G Public Sector 15 7 13 10 8 Private Sector 1 5 2 0 2 M & E Officer 1 1 5 0 2 Statutory Body 1 3 1 0 1 Fisher folk 0 1 1 0 0 NGO 0 9 0 0 0 CBO 1 2 0 0 0 Academia 0 0 0 0 0 Kalinago Council 5 0 0 0 N/A Regional/development agency* 3 3 0 2 1 Total Number 27 31 22 12 14 Female 6 13 7 11 6 Male 21 18 15 1 8 M&E – monitoring and enforcement; NGO – non-governmental organization; CBO – community-based organization; *GIZ, OECS 4.4.4 Expert Judgment The consultant is required to also use her expert judgment in performing the analysis on the current governance framework for coastal and marine spatial planning in OECS MS. The Feasibility study and the CLME+ SAP identified weak governance as one of the root causes for current trends in environmental quality and marine spatial planning in the Caribbean and CROP OECS member states. A framework for assessing governance, why it is weak, determining what is good governance and identification of the gaps to be filled was absent in these analyses. 50 FINAL REGIONAL SESA FOR OECS CROP From the literature reviewed there is consensus on key attributes and processes which constitute “good governance” both in general and for natural resources sectors (forest, fisheries, marine etc). Therefore, to fulfil the TOR requirements of this situational analysis and to perform the gap analysis, a framework for assessing governance in coastal and marine spatial planning was developed. 4.5 Geographical or environmental mapping units Spatial management of coastal and marine resources also requires that the geographic boundaries or limits be defined. The OECS MS have made significant progress in recent times towards formalization of their maritime boundaries and exclusive economic zones (EEZ). The feasibility study for the CROP presented the results from inquiry amongst a wide range of stakeholders in the OECS on the definition of the geographic boundaries for coastal and marine spatial planning. There was unanimous agreement among stakeholders that planning should encompass the entire coastal zone, that is the coastal catchment continuum, out to the limits of the EEZ. Figure 4.1 presents a map of the Caribbean region showing the EEZ (established and virtual boundaries) for the various jurisdictions. 4.6 Assumptions, uncertainties and constraints 4.6.1 Assumptions Several underlying key assumptions were made at the initiation of the SESA process as follows: 1. Strategic objectives and priorities for the SESA have been agreed by key stakeholders; 2. There is willingness and commitment by stakeholders to participate in the SESA process; 3. The implementation and follow-up of SESA recommendations will be critical to the success of its adoption by OECS participating States. 51 FINAL REGIONAL SESA FOR OECS CROP Figure 4.3 EEZs of the Caribbean States (source: http://atlas-caribe.certic.unicaen.fr/en/) August, 2018 52 FINAL REGIONAL SESA FOR OECS CROP 4.6.2 Uncertainties Member States have yet to clearly articulate the national vision for coastal and marine spatial planning. The frameworks utilized in the SESA provide the tools for continuous assessment as the planning process evolves. Given that the GBGMP is an investment promotion tool and not the national development strategy for 2030, no particular aspects are assessed as their implementation will be driven by private investments and likely to change in scope and location. Further development of these proposals for actual implementation must be guided by detailed environmental and social impact assessments, including scenarios for climate change, sea level rise and natural hazard risk exposure. The environmental, social risk and development scenarios for exploitation of oil/gas sector in the OECS are purely speculative. 4.6.3 Constraints This assessment is informed by a companion situation and stakeholder analysis report. The study is informed largely by literature review of secondary data with consultations limited to key stakeholders from national focal point agencies, organized groups, community based and non-governmental organizations. Further engagement with wider stakeholder audiences will be required during the implementation of the CROP so that priorities can be further streamlined to suit specific issues and interest groups. Also, as national objectives for coastal and marine spatial plans become finalized, it will be necessary to use the mitigation standards to finalize projects for implementation. Investments will be required for both short term mitigation measures and programs to improve the governance framework for natural resources management in OECS States. National governments will be required to integrate the recommendations into their medium to long term socio-economic development strategies. August, 2018 Final edit November 2018 53 FINAL REGIONAL SESA FOR OECS CROP 5.0 ENVIRONMENTAL BASELINE STUDY As noted in Section 4.4 the DPSIR Framework of analysis was utilized to scope the existing situation in participating OECS States. 5.1 Socio-Economic Drivers and Pressures OECS economies are small, highly open and vulnerable to external shocks from the global economy. Trade typically exceeds 100% of GDP (OECS, 2018). The islands have yet to recover from the impacts of the 2008 global economic crisis. Their economy is highly dependent on tourism which accounts for more than 25% of GDP, except for Grenada and St. Vincent, however the trend is for continued growth of the sector to over 35% GDP by 2025 (CDB, 2018, WTTO, 2018). Table 5.1 provides a summary of the contribution of tourism to the OECS member states. Table 5.1 Contribution of Tourism to GDP in OECS Member States Tourism Variables OECS Country % GDP Employment Export Investment Dominica 26.4 24.0 48.0 15.8 Grenada 24.2 22.1 47.8 13.7 St Kitts & Nevis 25.5 24.2 34.7 17.4 St. Lucia 39.5 44.1 59.2 20.5 St Vincent & G 19.9 18.2 49.1 15.9 Unemployment rates range from a low of 5.1% in St Kitts and Nevis (2008) to a high of 25% in St. Vincent and the Grenadines (CDB, 2018). Governments are under severe pressure to grow the economy and reduce poverty, and together with partners such as the OECS, CDB, World Bank have developed growth and poverty reduction strategies. Table 5.2 provides summary data on poverty rates in OECS States (CDB, 2018). The debt to GDP ratio of OECS States ranges from a low 64.6% for St Kitts and Nevis to a high of 77.2% for St Vincent & the Grenadines (CDB, 2018). 54 FINAL REGIONAL SESA FOR OECS CROP Table 5.2 Poverty Rates for OECS Member States Poverty Gini Population Vulnerable Indigent Country Year Gap coefficient % poor % pop % pop Index (0=equality) DOM 2009 28.8 11.5 3 8.9 44 GRE 2008 37.7 14.6 2.4 10.13 37 SK* 2008/09 23.7 - 1.4 6.4 38 NEV 2008/09 15.9 - 0 2.7 38 SLU 2005 28.8 40.3 2 9 42 SVG 2007/08 30.2 48.2 2.9 7.5 40 WORLD 2013 22.3 *St Kitts is presently conducting an update 5.2 Environmental Pressures The Country Environmental Profile for OECS States date back to 1990, and only St. Lucia has produced recent Statement of the Environment Reports (2006 and 2016). Data on the status of the Islands’ natural resource base can be gleaned from project document s such as the Plan System Report for Protected Areas and Parks in Grenada (OPAAL 2010). There are conclusive evidence that coastal and marine ecosystems of the Caribbean Sea are under pressure from both natural and anthropogenic factors (CLME+ 2017). Due to their location along an active continental plate and position north of the equator, the OECS islands have high natural hazard risk exposure to earthquakes, tsunamis, volcanic eruptions, tropical cyclones as well as drought. The islands are known to experience regular extreme weather events resulting in flooding of coastal areas, landslides, storm surges that cause heavy social and economic impacts. The recent hurricane events (Erica 2015, Irma, 2016, Maria, 2017) and earthquake (August 2018) which affected the region give a constant reminder of the vulnerability of these small island states. 55 FINAL REGIONAL SESA FOR OECS CROP The main anthropogenic factors that contribute to environmental degradation include: • Overfishing – according to an FAO report (2009) fisher folk in OECS States tend to exploit mainly nearshore and reef fisheries and only few islands have long-line fisher folk who exploit pelagic stocks. None of the islands have home-based high seas fishing fleet. During consultations in St Kitts and Nevis fisherfolk expressed grave concern about the declining status of the fish stock and the fact that the effort has increased considerably to catch fish. He noted “ I now have to go out more than 30 miles to fish and sometimes I don’t catch the same amount. It is now a free for all and too many persons have license to fish. On an island of 15,000 people we have 400 licensed fisherfolk” There was also great concern that there are no barriers for entry into the sector as licenses are free, there are no quotas and tax-free concessions are given on all fishing gear, equipment and fuel. This trend has been observed throughout the region. • Coastal development – more than 80% of the population in the OECS States live in coastal areas and the economic infrastructure is located within the coastal zone. Mangroves, coastal wetlands and flats are being transformed into major hotel development projects and marinas despite the commitment made by governments to protect these habitats. Beaches and coral reefs are also under- pressure from extensive use for cruise and dive tourism. For the 2017/2018 cruise tourism season St Kitts and Nevis celebrated the milestone of having accepted 1,000,000 cruise visitors to the Island. A senior official in the Ministry of Tourism participating in the stakeholder consultation noted “We had intense erosion of the beach at Frigate Bay so everyone is now going to Cockshell Beach. This beach is also showing signs of stress as all the cruise tourists go to that beach; it is full when the ships are in. We are looking for assistance to do a beach restoration project. I need help to make argument about carrying capacity of natural resources .” 56 FINAL REGIONAL SESA FOR OECS CROP • Pollution from both marine and land-based sources – in OECS States there is urgent need to regulate the fast-growing yachting sector and treatment facilities are needed to manage sewage from both land and sea sources. Non-point sources of pollution from drainage, agriculture, industries, stormwater runoff continues to be a huge challenge and the negative impact of these on the coastal and marine ecosystems has been documented (IWCAM, 2016; CLME, 2014). Stakeholders from St Kitts and Nevis and Grenada discussed the current situation with management of sewage from yachts. In St Kitts only one marina has the facility to accept and treat waste, recycling the water for irrigation. • Climate change and ocean acidification – the CARIBSAVE Climate Change Risk Atlas for each OECS State provides assessment and baseline for climate and sea- level rise data. While the impacts are not yet clear there is evidence of increased variability in weather patterns in the region. OECS States have developed climate change adaptation strategies and are working to become climate resilient countries. • Invasive species and exotics: New and emerging trends such as the invasion of Caribbean coral reef fisheries by the “lionfish” and pollution of excessive growth of marine algae (seaweed) are major issues that Caribbean States must address. 5.2.1 Cross sectoral Issues There are several cross-sectoral environmental issues which must be taken into consideration during the development of coastal and marine spatial plans: • Watershed Management o Land clearing for agriculture o Housing development, particularly on steep slopes o Water production (quantity and quality) • Stormwater management o Drains and outfalls o Detention systems; swales, infiltration trenches o Retention systems, ponds and wetlands 57 FINAL REGIONAL SESA FOR OECS CROP • Wastewater management o Collection systems o Treatment systems (primary, secondary, tertiary) • Space allocation for: o Sanitary and hazardous waste landfills o Wastewater treatment plants o Cemetery and burial grounds o Parks and green spaces o Parking • Protected Areas and seascapes o Mangroves and wetlands o Littoral woodlands and dry forests • Marine Protected Areas o (impact of land-based sources of pollution) o Management of multiple stakeholder uses o Traditional use o Algal growth; seaweed management • Ship generated waste o Solid waste o Liquid waste o Ballast water and exotic species • Oil spill Prevention and management 5.2.2 Sector Specific Considerations SECTOR ENVIRONMENTAL ISSUES AND CHALLENGES Agriculture • Coastal forests are being replaced with formal or informal agricultural in/near coastal activities in low lying areas. areas • The OECS Ministries of Agriculture, as part of national climate change adaptation plans, have begun initiatives to climate proof farmland and crops; Lessons learnt needs to be replicated by farmers. • Current agricultural activities in upland watersheds cause harmful amounts of topsoil or pollutants to flow into estuaries and coastal waters Fisheries- Wild • Fisherfolk receive tax free incentives to invest in the sector. There is no quota Capture and systems and licenses are free in most OECS states. Fisherfolk pay for Aquaculture registration of their fishing vessel. • The sustainability of coastal or offshore fisheries within the territorial waters of OECS MS must be assessed; 58 FINAL REGIONAL SESA FOR OECS CROP SECTOR ENVIRONMENTAL ISSUES AND CHALLENGES • Quota system need to be developed to manage exploitation of marine fish stocks. • There are policies for aquaculture, however no largescale projects have been undertaken as yet; lessons from past projects in Telescope Grenada suggests that management of wastewater is a critical issue to be addressed; • There any potential conflicts between fishing grounds and shipping lanes or other offshore economic activities, and these must be resolved through the use of marine spatial plans/use zones. Infrastructure • Existing infrastructure located in the coastal zone date back to 1950s and as such do not consider changes in sea level or storm surge. • Predictions for sea level rise and future storm surge scenarios must be incorporated into the CMS plans; • There is evidence that the current practice of disposal of pollutants from stormwater and wastewater marine outfall negatively impacts coastal water quality, coral reefs and marine life; reduction in goods and services from coastal and marine ecosystems; • Planned expansion of infrastructure in the coastal zone will stress ecosystem services or cause other negative environmental or social impacts; • At present OECS MS exploit only nearshore fisheries. Exploitation of ocean resources will likely present a future risk of conflict or damage to undersea infrastructure (pipelines, communications cables, etc.) from other economic activities (e.g. fishing trawlers that drag the ocean bottom, subsea mining, etc.) Urban • OECS cities and towns were developed more than a century ago. As such planning and urban planning in coastal areas has not taken into account climate and coastal development disaster risks related to extreme weather events, sea level rise and coastal flooding. • The CMSP must include planning for climate change future risk scenarios, sea level rise, storm surges and increased coastal flooding; • Most of the fisherfolk in OECS MS are from informal coastal settlements on public lands. Poor infrastructure results in pollution of nearshore areas from domestic wastewater and runoff from the land. There have been efforts to formalize these settlements through land titling. Communities vulnerable to natural disasters are targets for involuntary resettlement in Dominica. Housing & • Loss of coastal forests and associated wildlife for residential development; Settlement • Housing development is driven by the private sector and due to the lack of area management plans infrastructure development is inadequate for stormwater and wastewater management; Water Use and • Groundwater supplies in coastal communities at risk from overuse pollution Resources from development and saline intrusion due to sea level rise; 59 FINAL REGIONAL SESA FOR OECS CROP SECTOR ENVIRONMENTAL ISSUES AND CHALLENGES • OECS MS have developed water policies or and watershed management plans in place to encourage sustainable and equitable access to water resources. Enforcement of these policies has been lacking. • Increasing freshwater availability in coastal areas (e.g. via desalinization) will have positive impact future development opportunities however brine and wastes from the process will contribute to further destruction of coastal ecosystems. Renewable energy (e.g solar PV) will offset the huge energy demand for desalinization. Extractives • Are there coastal or subsea mining activities planned or already underway? (Oil, gas and • Are there offshore or coastal onshore oil, gas or mining exploration or mining) production activities planned or already present? • Are there sector-related infrastructure or facilities located in ecologically sensitive coastal zones (e.g. refinery, LNG storage terminal, mineral port, loading/unloading facilities and associated road, rail and power and water supply infrastructure) • Sand and gravel mining, although illegal in most cases, have negative effect on shoreline stability or sea-floor ecosystems in all OECS MS. Renewable • Existing power plants are located in low-lying coastal areas and other • There are feasibility studies to determine the viability of new onshore or Energy offshore energy projects (solar, wind, geothermal, etc.). Results are not yet Development finalized. In the case of solar farms their potential footprints overlap existing uses of coastal spaces. Marine windfarms are proposed however there is no available feasibility studies on same at present. Maritime • The location of shipping lanes and sensitive ecological areas must be mapped Transport on marine spatial plans to determine where they intersect and to zone uses appropriately for better management; • There is anecdotal information on piracy in OECS MS. The impact on shipping or other uses of ocean and coastal space needs to be assessed. Tourism • In OECS MS there are planned and existing tourist facilities in low-lying coastal areas, which have operations or guest activities (boating, scuba-diving, etc.) which pose risks to local ecosystems (wildlife, coral reefs, mangroves) – over use of recreational areas; disposal of untreated sewage; generation of large volumes of solid waste) • Other existing or planned economic activities in coastal or marine areas which could pose a threat to or compete for resources with tourism activities include oil and gas exploration; development of marine wind farms; aquaculture. • Capacity assessment of coastal and marine resources to keep pace with the fast-growing rate of the tourism sector is necessary. 60 FINAL REGIONAL SESA FOR OECS CROP 5.4 Policy Responses Recently OECS states have developed long-term national development plans in keeping within the UN 2030 global agenda - 17 sustainable development goals (SDGs). Although there exists public sector driven regional development plans in the OECS MS, there are no examples of any of these plans having been executed in the OECS. New developments are driven by private sector projects in the tourism and residential sectors (hotels, marinas, golf course, sub-divisions). Public sector socio-economic development objectives are delivered on a project by project basis financed largely by grants, overseas development assistance and concessionary loans. Considering the socio-economic drivers, OECS governments, except for St. Vincent & the Grenadines, have also developed investment promotion strategies largely led by citizen by investment (CBI) programs with the aim of providing jobs for nationals. Current national plans include: • Dominica’s development agenda is driven by recovery following the passage of Hurricanes Erica is 2015 and Hurricane Maria in 2016 which had a significant impact on GDP and setback progress for more than a decade. The Government sees this however as an opportunity to build back better and has set a trajectory to become the first climate resilient country in the world. Backed by donor and development agencies, reconstruction will be coordinated through the Climate Resilient Execution Agency for Dominica (CREAD). • Grenada has developed a National 2030 development plan as well as a Blue Growth Master Plan with the intention of becoming a center of excellence for the blue economy. The Government of Grenada, with support of US$300 million from the Global Climate Fund, is also pursuing plans to become the home of the first climate resilient city in the world. • St Kitts and Nevis has aligned its development agenda with the SDGs and has completed a national adaptation strategy in 2016 which provides the framework for sustainable development of the twin island state. The Government is in the process of finalizing a post 2017 development agenda. 61 FINAL REGIONAL SESA FOR OECS CROP • St Lucia – the government has formulated a medium-term development and strategic plan which focuses on the “institutional framework for macroeconomic management and for the formulation of macroeconomic policy advice.” There are also national climate change strategy and action plans (SAP) which guides current development planning. • St Vincent – the 2013-2025 national economic and social development plan considers comprehensive sectoral plans with “a vision , philosophy, a strategic economic outlook, a good governance framework, and a quest to ennoble, further, in material and non-material respects, the Vincentian component of our Caribbean civilization”. Central to the plan is the requisite of building a modern, competitive, many-sided, post-colonial economy which is at once national, regional and global. It is envisioned that investment in the “blue economy” presents an opportunity for OECS States to take advantage of their ocean wealth given that their territorial waters are more than 30 times larger than their land mass. Source: CROP Feasibility Study pg7 5.4 Summary From the foregoing it is evident that two distinct but supporting programs of action are required to support successful implementation of the CROP (Figure 5.1). Program 1 addresses mitigation measures and standards to reduce environmental pressures contributing to reduction of vulnerability, Sections 6, 7 and 8 of this report. Program 2 addresses the governance framework for management of coastal and marine resources leading to adaptation and increased resilience, Sections 9, 10 and 11 of this assessment. 62 FINAL REGIONAL SESA FOR OECS CROP Figure 5.1 Summary of Drivers Pressures State Impact and Policy Responses for CSMP in OECS States (adopted from JECO 2016) GOVERNANCE FRAMEWORK DRIVERS • International Collaboration Regional Geo-politics • Legislation Economic Development • Interagency Poverty & collaboration Adaptation Unemployment • Participation of Increased Resilience Climate Change NGOs & Private PRESSURES Sector • Codes, Standards POLICY RESPONSE Coastal Infrastructure; Sea Level Rise; Land and Best Practices COASTAL & based sources of • Strategies & Action MARINE SPATIAL pollution; marine Plans pollution; Fishing, diving, • Tools, Technology PLANNING snorkeling • Economic Instruments • Education Mitigation • Resource Reduced Vulnerability Mobilization • Monitoring & IMPACTS STATE Enforcement Risk to Life & Flood Risk; Land Livelihoods; Stranded Degradation; Coastal and Coastal Assets; Loss of Marine Ecosytem Damage; Tourism Revenue; Loss Invasive Species of biodiversity 63 FINAL REGIONAL SESA FOR OECS CROP 6.0 IMPACT IDENTIFICATION & EVALUATION 6.1 Base-case Scenario – Situation in OECS States From the review of socio-economic drivers and environmental pressures operating within OECS Member States it is critical that existing challenges be addressed as these have implications for development of the Blue Economy. The base case scenario is assessed for key sectors and coastal management zones. These challenges can potentially have large negative impacts if proper management actions are not adopted in a timely manner. Mitigation measures to reduce the impacts are presented for each sector and for coastal management zone in Tables 6.1 and 6.2 respectively. Priority ranking of the issues and mitigation standards in Table 6.2 were provided by key stakeholders from Grenada and St. Lucia and provided in the SESA consultancy report on priority selection. The situational and stakeholder analysis must also be consulted as this report presents additional information on the capacity of environmental management agencies in member states to effectively manage coastal and marine resources. It must be noted that mitigation standards must be further developed based on the actual spatial plans which are created for each member state and must be guided by detailed assessments at the project implementation level. Assessments should include resource and stock assessments, ESIAs, natural hazard risk assessment (tropical cyclones, wind exposure, flooding, landslides, storm surges, earthquakes, volcanoes, tsunamis etc), climate change modelling and sea level rise scenarios. 64 FINAL REGIONAL SESA FOR OECS CROP Table 6.1 Base Case Scenario – Assessment of issues and challenges with Mitigation Standards for Key Sectors SECTOR/Main ISSUES AND CHALLENGES MITIGATION STANDARDS sources of Impact Agriculture • Coastal forests are being replaced with formal or • Silviculture best management practices for watershed in/near coastal informal agricultural activities in low lying areas. management adopted in agricultural policy and areas • The OECS Ministries of Agriculture, as part of national forestry legislation climate change adaptation plans, have begun initiatives • Agricultural riparian buffer zones created along farms to climate proof farmland and crops; Lessons learnt • Coastal wetlands protected from developed activities needs to be replicated by farmers. • Buffer zones created between farmlands and coastal • Current agricultural activities in upland watersheds wetlands cause harmful amounts of topsoil or pollutants to flow • Environmental Education Strategy for sector into estuaries and coastal waters Fisheries- Wild • Fisherfolk receive tax free incentives to invest in the • Monitoring and fish catch and stock assessment; Capture and sector. There is no quota systems and licenses are free • Economic instruments developed for resource Aquaculture in most OECS states. Fisherfolk pay for registration of management; their fishing vessel. • Quota system developed based on stock assessment; • The sustainability of coastal or offshore fisheries within • Definition of No-go areas and buffer zones to preserve the territorial waters of OECS MS must be assessed; protected areas • Quota system need to be developed to manage exploitation of marine fish stocks. • There are policies for aquaculture, however no largescale projects have been undertaken yet; lessons from past projects in Telescope Grenada suggests that management of wastewater is a critical issue to be addressed; • There any potential conflicts between fishing grounds and shipping lanes or other offshore economic activities, and these must be resolved using marine spatial plans/use zones. 65 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main ISSUES AND CHALLENGES MITIGATION STANDARDS sources of Impact Infrastructure • Existing infrastructure located in the coastal zone date • Coastal development setback guidelines with climate back to 1950s and as such do not consider changes in change and sea level rise scenarios adopted; sea level or storm surge. • Wastewater discharge permit system based on • Predictions for sea level rise and future storm surge appropriate standards for industries; scenarios must be incorporated into the CMS plans; • Wastewater treatment facilities with land-based • There is evidence that the current practice of disposal options for final treatment and discharge of water; of pollutants from stormwater and wastewater marine • Implement waste management plan outfall negatively impacts coastal water quality, coral • Possible requirements for oil and gas waste landfill reefs and marine life; reduction in goods and services • Adopt international best practices from coastal and marine ecosystems; • Establish operational standards • Planned expansion of infrastructure in the coastal zone • Investment in off-shore fishing fleets will stress ecosystem services or cause other negative environmental or social impacts; • At present OECS MS exploit only nearshore fisheries. Exploitation of ocean resources will likely present a future risk of conflict or damage to undersea infrastructure (pipelines, communications cables, etc.) from other economic activities (e.g. fishing trawlers that drag the ocean bottom, subsea mining, etc.) Urban planning • OECS cities and towns were developed more than a • Adopt abandon and retreat policy; and development century ago. As such urban planning in coastal areas • New high tide and base scenarios for setback have not accounted for climate and coastal disaster guidelines; risks related to extreme weather events, sea level rise • Enforcement of coastal development setback and coastal flooding. guidelines; • The CMSP must include planning for climate change • Coastal wetland parks designed to allow for coastal future risk scenarios, sea level rise, storm surges and flooding from both stormwater runoff, storm surge increased coastal flooding; and sea level rise; • World Bank involuntary resettlement policy 66 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main ISSUES AND CHALLENGES MITIGATION STANDARDS sources of Impact • Most of the fisherfolk in OECS MS live in informal • Impact benefit agreements so that communities can coastal settlements on public lands. Poor infrastructure benefit from investments in the Blue Economy and results in pollution of nearshore areas from domestic share in benefits of oil and gas development. wastewater and runoff from the land; • Coastal communities in Soubise and Marquis Grenada have been relocated away from the areas vulnerable to storm surges and flooding; • There have been efforts to formalize these settlements through land titling; • Communities vulnerable to natural disasters are targets for involuntary resettlement in Dominica. Housing & • Loss of coastal forests and associated wildlife for • Protected areas of representative coastal forests Settlement residential development; created; • Housing development is driven by the private sector • EIAs for housing development; and due to the lack of area management plans • Wastewater treatment facilities integrated into infrastructure development is inadequate for housing development projects stormwater and wastewater management; Water Use and • Groundwater supplies in coastal communities at risk • Create buffer zones to prevent development of civil Resources from overuse pollution from development and saline works in upland water recharge and lowland extraction intrusion due to sea level rise; zones; • OECS MS have developed water policies or and • Implement watershed management and water watershed management plans in place to encourage policies; sustainable and equitable access to water resources. • Update water quality standards Enforcement of these policies has been lacking. • Monitor discharge zones • Increasing freshwater availability in coastal areas (e.g. • Adopt policy for use of renewable energy for via desalinization) will have positive impact future desalination projects and grid connect arrangements development opportunities however brine and wastes from the process will contribute to further destruction 67 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main ISSUES AND CHALLENGES MITIGATION STANDARDS sources of Impact of coastal ecosystems. Renewable energy (e.g. solar PV) will offset the huge energy demand for desalinization. Extractives (Oil, • There are exploratory subsea mining activities already • Adequate mining regulatory framework to include gas and mining) underway for Grenada standards and best management practices for • There is no offshore or coastal onshore oil, gas or ecosystem restoration; mining exploration or production activities already • Ban on resource extraction from vulnerable areas present and plans are not available for review under intense coastal erosion • At present there are no sector-related infrastructure or • Petroleum regulatory framework facilities located in ecologically sensitive coastal zones • Climate change modelling and sea level rise risk (e.g. refinery, LNG storage terminal, mineral port, maps loading/unloading facilities and associated road, rail • Adequate cadaster and power and water supply infrastructure) • Need national policies for development of the oil and • Sand and gravel mining, although illegal in most cases, gas sector to include coastal and marine resources have negative effect on shoreline stability or sea-floor management ecosystems in all OECS MS. Renewable and • Existing power plants are in low-lying coastal areas • Long term environmental studies to determine other Energy • There are feasibility studies to determine the viability migratory routes of faunal species; Development of new onshore or offshore energy projects (solar, • EIAs regulatory framework developed wind, geothermal, etc.). Results are not yet finalized. In • Environmental monitoring framework and indicators the case of solar farms their potential footprints overlap existing uses of coastal spaces. Marine windfarms are proposed however there is no available feasibility studies on same at present. Maritime • The location of shipping lanes and sensitive ecological • The location of shipping lanes and sensitive ecological Transport areas are not mapped on existing marine navigation areas must be mapped on marine spatial plans to charts; determine where they intersect and to zone uses • There is anecdotal information on piracy in OECS MS. appropriately for better management; 68 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main ISSUES AND CHALLENGES MITIGATION STANDARDS sources of Impact • The impact of piracy on shipping or other uses of ocean and coastal space needs to be assessed and included as part of regional maritime security agenda. Tourism • In OECS MS there are planned and existing tourist • Definition of No-go areas and buffer zones to facilities in low-lying coastal areas, which have preserve protected areas; operations or guest activities (boating, scuba-diving, • Introduce the precautionary principle etc.) which pose risks to local ecosystems (wildlife, coral• Establish regulatory system that excludes oil& gas reefs, mangroves) – over use of recreational areas; activities in the proximity of protected cultural disposal of untreated sewage; generation of large heritages and marine protected areas volumes of solid waste) • Establish limits of acceptable change and carrying • Other existing or planned economic activities in coastal capacity for marine parks and conservation zones or marine areas which could pose a threat to or • compete for resources with tourism activities include oil and gas exploration; development of marine wind farms; aquaculture. • Capacity assessment of coastal and marine resources to keep pace with the fast-growing rate of tourism sector is necessary. The inter- • Multiple effects – biodiversity and faunal effects • Develop a cumulative effects management relationship associated with habitat disturbance; contamination framework between the of soils, and groundwater; oil spill risks issues • Cumulative effects • Implications for Spatial Land Planning • Waste management • Potential pollution of remote uncontaminated areas 69 FINAL REGIONAL SESA FOR OECS CROP Table 6.2 Base Case Scenario - Critical Issues and Mitigation Standards for coastal management zones COASTAL ZONE KEY ISSUES AND CHALLENGES MITIGATION STANDARDS & RECOMMENDATIONS Terrestrial Zone – • Protected areas • Watershed management plans for all major upper catchment • Deforestation watersheds (ridge to reef) • Natural Hazards • Habitat Survey and Assessment (Forestry) -Bush fires • Permanent Sample plots (Forestry) -Landslides • Habitat mapping -Wild pigs • River stream flow assessment • Erosion and pollution due to land • Develop stream/surface water quality standards clearing for Agricultural production • Establish silviculture practices, conservation buffer • Invasive Species zones for watershed development • Climate Change • Decrease water levels in watershed • Improve/develop climate data collection and areas (damming of water above management system watershed) • Integrate future climate/environment scenarios in • Settlements along watershed management plans and policies Terrestrial Zone • Quarrying • Develop regulations, codes of best practice for • Slash and burn agriculture each sector • Commercial and residential • Ban on burning steep slopes, dry forests and development sensitive areas • Pig farms • EIAs, Land Development Code; Land Use Policy • Infrastructural development (roads, • Waste water discharge standards and permits for utilities) industries • Liquid and solid waste pollution • Future planning, space allocation for municipal (agriculture, factory industries, etc.) facilities (landfills; wastewater treatment plants) 70 FINAL REGIONAL SESA FOR OECS CROP COASTAL ZONE KEY ISSUES AND CHALLENGES MITIGATION STANDARDS & RECOMMENDATIONS Coastal zone • Coastal communities • Develop regulations, codes of best practice for (immediate land • Urban developments each sector sea interface) • Infrastructure • Ban on burning steep slopes, dry forests and • High density of human activities sensitive areas • Solid waste disposal • EIAs, Land Development Code; Land Use Policy • Waste water management • Waste water discharge standards and permits for • Protected areas (conflict with private industries land ownership) • Future planning, space allocation for municipal • Agricultural activities facilities (landfills; wastewater treatment plants) • Sand mining • Integrate housing policies and plans into coastal • Storm surges master plans; • Climate change • Allocate space for cemeteries, parks, • Local communities lack proper • Allocate space for storage of fishing vessels during sanitary facilities storm surges, hurricanes; • Plan for Tsunamis 3 nautical miles • Solid and liquid waste management • Improve disposal and treatment facilities for • Yachts, ships and marina (no holding accepting marine wastes tanks, anchoring damage to seabed) • Monitoring and enforcement of IMO codes of best • Ballast water exchange practice for marinas and boatyards • Marine invasive species • Monitoring of sea level rise (mean high tide • Heavy sedimentation gauges) • Climate change • Improve watershed management; • Marine biodiversity destruction • Create stormwater retention and detention • Super structural development systems as feature in landscape as part of CMSP (marinas, jetties, water-based type accommodations) Territorial Boundary • Oil spills • Strengthen national oil spill response capability • Liquid and solid waste disposal (public/private partnership) 71 FINAL REGIONAL SESA FOR OECS CROP COASTAL ZONE KEY ISSUES AND CHALLENGES MITIGATION STANDARDS & RECOMMENDATIONS • IUU Fishing • Create regional oil spill response mechanism • Tourism water-based activities • Improve landside disposal and treatment facilities (pollution-exhaust fumes) for accepting marine wastes • Waste water management • Monitoring and enforcement of IMO codes of best • Climate change (increase SST, Coral practice for marinas and boatyards bleaching) • Monitoring of sea level rise (mean high tide • Ballast water exchange gauges) • Regional coral reef monitoring program • Fish stock and marine resource assessment • zone marine tourism activities; develop codes and best practices EEZ • Oil spills • Strengthen national oil spill response capability • Liquid and solid waste disposal (public/private partnership) • IUU Fishing • Create regional oil spill response mechanism • Tourism water-based activities • Improve land side disposal and treatment facilities (pollution-exhaust fumes) for accepting marine wastes • Waste water management • Monitoring and enforcement of IMO codes of best • Climate change (increase SST, Coral practice for marinas and boatyards bleaching) • Monitoring of sea level rise (mean high tide gauges) • zone marine tourism activities; develop codes and best practices 72 FINAL REGIONAL SESA FOR OECS CROP 7.0 ANALYSIS OF ALTERNATIVES As noted in Section 3.2, the participating OECS Member States have yet to clearly define their national objectives for coastal and marine spatial plans. The Grenada Blue Growth Master Plan is an investment promotion strategy and does not represent the national 2030 development strategy which is still in the formulation stage. Further, public consultation was limited to selected stakeholder groups and did not involve those communities or stakeholder groups who are most likely to be directly affected by the proposals. Increased socio-economic development through increased utilization of coastal and marine resources will result in negative externalities that must be managed. Member States in setting the vision and objectives for the Blue Economy and CMSPs must determine the limits of acceptable change, natural resource carrying capacity and the cumulative effects of interrelated impacts (example energy, wastewater management, solid waste management, air and water quality, and resilient critical infrastructure, roads, hospitals). It is critical that plans do not lead to social amplification of risk through: f) Location of new facilities and/or increased development of critical infrastructure in hazard prone areas; g) Exceeding the capacity of critical infrastructure within towns and tourism development centers such as drainage, potable water networks, waste management and disposal facilities, road networks, hospitals, community centers, evacuation routes, shelters and disaster management resources; h) Failure to restore degraded ecosystems through rehabilitation projects; i) Failure to manage land-based sources of impact and pollution such as storm water run-off, construction, agriculture and upland watershed degradation; j) Lack of accounting for increased coastal flooding due to increased development of watersheds, climate change and future sea level rise scenarios. 73 FINAL REGIONAL SESA FOR OECS CROP For instance, in a practical way the GBGMP should be revisited accounting for the above factors. Plans for development of coastal marine villages at the mouth of the St. John’s River and the Victoria Town should consider integration of soft ecological engineering design approaches such as coastal wetland parks that can mitigate the impact of coastal flooding and protect marine resources. As noted in the CROP Feasibility Study “the goals for the MSP should be guided by: 1. The possible threats to the marine environment in the country; 2. The social, environmental, economic, and cultural policy direction of the country; 3. Build upon national policies and regional and international commitments; and 4. Be guided by proposed future uses of the marine space”. The analysis of alternatives must be guided by Critical Factors for Decision Making (CFDM) which constitute the fundamental decision-making factors that underlie the focus of the SESA. They identify those aspects that must be considered in the decision process concerning the strategic design and the implementation of actions for effective management of environmental and social issues arising from development of coastal and marine spatial plans for OECS States. These factors satisfy the scope of the SESA and are generated out of the situation and stakeholder analysis of the following: • Objectives of the SEA; • Legal, institutional and regulatory considerations; • Environmental and social factors; and • Current and future scenarios for development of coastal and marine spatial plans in OECS States The critical factors for decision making and the reason for their inclusion are presented in Table 7.1 on the following page. 74 FINAL REGIONAL SESA FOR OECS CROP Table 7.1 Critical Factors for Decision Making in Development of Coastal and Marine Spatial Plans CRITICAL FACTORS FOR REASON FOR INCLUSION DECISION MAKING Legal and Regulatory • Currently not fully developed in OECS States Framework • Incomplete regulations for management of coastal and marine resources • Conflicting and overlapping responsibility among various ministries • No capacity for regulation or compliance Institutional Capacity • Conflicting roles and responsibilities for environmental protection and management • Poor inter-institutional coordination • Low technical capability for coastal and marine resources management • Unknown training requirements and capabilities • Low Capacity for SESA implementation Planning and Decision- • Environmental factors not included in economic planning making Process • Sector approach to planning • Short term planning cycles • Ecosystem-based approach to planning needed • Decision support systems need to be adopted • Climate change modeling and future risk assessment Stakeholder • Incomplete legal framework for stakeholder participation Participation in • Low stakeholder capacity and action Decision Making • Lack of stakeholder participation in setting development agenda • Need for transparency of revenue flows and resource allocation • Mechanisms for community development limited Social • Protect vulnerable groups; Fisherfolk; Kalinago peoples in Dominica • Recognize cultural diversity • Avoid resource conflicts and compulsory take of private lands • Minimize expectations over benefits of exploitation of Blue Economy Ecosystem Integrity and • Importance of marine parks and protected areas Biodiversity • Importance of critical species Conservation • Capacity for protection of protected areas and biodiversity is limited • Resource assessment and monitoring lacking • Limits of acceptable change and ecosystem carrying capacity needs to be determined Risk Management • Regional mechanism for collaboration, coordination of response and compliance needed • Planning for climate change, tsunamis and natural hazard risks • Integration of environment with social and economic objectives SESA Implementation • Success of SESA depends on its implementation • Follow up measures, indicators needed 75 FINAL REGIONAL SESA FOR OECS CROP 8.0 MITIGATION OR OPTIMISING MEASURES Critical Risks and Mitigation Standards for Future Scenario Under the future scenario, critical risks and mitigation standards are provided for the key sectors which were identified in the base-case scenario in Tables 6.1 and 6.2. Feedback from stakeholders at the Grenada SESA Stakeholder Consultation on July 23, 2018 as well as those from previous consultations are also utilized in this assessment. Given that the GBGMP is an investment promotion tool and not the national development strategy for 2030, no particular aspects are assessed as their implementation will be driven by private investments and likely to change in scope and location. Further development of these proposals for actual implementation must be guided by detailed environmental and social impact assessments, including scenarios for climate change, sea level rise and natural hazard risk exposure. The environmental, social risk and development scenarios for exploitation of oil/gas sector in the OECS are purely speculative due to the following reasons: o There is a lack of a clear understanding of actual and proposed government programs with regard development of the sector (Grenada in particular); o Unavailability of official or other scientific public data concerning the hydrocarbon potential estimates of both onshore basin and coastal basin in terms of hydrocarbon generation potential, expected products (liquid vs. gaseous hydrocarbons), possible field size distribution (from other play type analogue studies); o At present there is no license offshore acreage or areas identified for oil and gas exploration in the OECS States; o There are no indications where future activities are likely to develop; and o There are no policies for development of the oil and gas sector in OECS States. 76 FINAL REGIONAL SESA FOR OECS CROP Table 8.1 Future Scenario – Assessment of critical impacts and risks with Mitigation Standards for Key Sectors SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact Agriculture • Relocation of farmers from low-lying coastal areas; • Climate Smart Agriculture with green technology; in/near coastal • Agriculture impacted by demands for fresh water Silviculture best management practices for watershed areas (damming of rivers) and climate change; management adopted in agricultural policy and • Demands for local food production to support forestry legislation; increased tourism development; • Agricultural riparian buffer zones created along farms; • Increased agricultural activities in upland watersheds • Coastal wetlands protected from developed activities; resulting harmful amounts of topsoil or pollutants to • Buffer zones created between farms and coastal flow into estuaries and coastal waters wetlands; • Environmental Education Strategy for agricultural sector across all education levels • World Bank Resettlement Policy Fisheries- Wild • Reduced pressures on near shore fisheries due to • Monitoring of fish catch and stock assessment; Capture and investment in deep sea fishing fleets; • Economic instruments implemented for resource Aquaculture • Quota system reduce trends in over-exploitation; management; • Potential for transboundary disputes due to increased • Quota system developed based on stock assessment; utilization of the territorial seas and EEZ; • Definition of No-go areas and buffer zones to preserve • The sustainability of coastal or offshore fisheries within protected areas the territorial waters of OECS MS must be assessed; • Implementation of Regional Fisheries Policies • Quota system need to be developed to manage • Policies for aquaculture exploitation of marine fish stocks; • Integrated waste management policy • Increased utilization of coastal flat lands for • Coastal Master Plans and Marine spatial plans aquaculture; • Management of wastewater is a critical issue to be addressed; 77 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact • Reduced conflicts between fishing grounds and shipping lanes or other offshore economic activities, through the use of marine spatial plans/use zones. Infrastructure • Existing infrastructure located in the coastal zone date • Coastal development setback guidelines with climate back to 1950s and as such do not consider changes in change and sea level rise scenarios adopted; sea level or storm surge scenarios must be incorporated • Relocation of critical infrastructure from the coastal into the CMS plans; zone; • Increased generation of stormwater and wastewater • Wastewater discharge permit system based on resulting in negative impacts on coastal water quality, appropriate standards for industries; coral reefs and marine life; reduction in goods and • Wastewater treatment facilities with land-based services from coastal and marine ecosystems; options for final treatment and discharge of water; • Solid waste landfills exhausted; increased land • Implement waste management plan degradation from non-biodegradable and hazardous • Possible requirements for oil and gas waste landfill; wastes; • Waste to energy plants to reduce demands in limited • Planned expansion of infrastructure in the coastal zone coastal lands; will stress ecosystem services or cause other negative • Adopt international best practices environmental or social impacts; • Establish operational standards • At present OECS MS exploit only nearshore fisheries. • Investment in off-shore fishing fleets Exploitation of ocean resources will likely present a future risk of conflict or damage to undersea infrastructure (pipelines, communications cables, etc.) from other economic activities (e.g. fishing trawlers that drag the ocean bottom, subsea mining, etc.) Urban planning • OECS cities and towns were developed more than a • Adopt abandon and retreat policy; and development century ago. As such urban planning in coastal areas • Allocation of green spaces for healthy living, have not accounted for climate and coastal disaster conservation of biodiversity; cultural heritage; risks related to extreme weather events, sea level rise • Allocation of space for waste management facilities; and coastal flooding. 78 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact • The CMSP must include planning for climate change • New high tide and base scenarios for setback future risk scenarios, sea level rise, storm surges and guidelines; increased coastal flooding; • Coastal wetland parks designed to allow for coastal • Most of the fisherfolk in OECS MS live in informal flooding from both stormwater runoff, storm surge coastal settlements on public lands. Poor infrastructure and sea level rise; results in pollution of nearshore areas from domestic • Enforcement of coastal development setback wastewater and runoff from the land; guidelines; • Relocation of fishermen and coastal communities in • World Bank resettlement policy; areas targeted for development of marina and coastal • Legal framework and policy for Public Participation in villages; Development; • Government of Grenada has no lands in Petit- • Impact benefit agreements so that communities can Martinique and forced acquisition of lands from benefit from investments in the Blue Economy and islanders has been historically problematic; share in benefits of oil and gas development. Compensation for lands remains a contentious matter • Communities vulnerable to natural disasters are targets for involuntary resettlement in Dominica.; • Displacement of communities by government backed private-sector investment projects. Housing & • Loss of coastal forests and associated wildlife for • Protected areas of representative coastal forests Settlement residential development; created; • Housing development is driven by the private sector • EIAs for housing development; and due to the lack of area management plans • Hazard risk assessment and disaster management infrastructure development is inadequate for plans for housing development (typically not done); stormwater and wastewater management; • Wastewater treatment facilities integrated into • Increased housing development in coastal locations housing development projects with high natural hazard risk exposure; • Dependence on public shelters and not included as part of development infrastructure. 79 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact Water Use and • Groundwater supplies in coastal communities at risk • Create buffer zones to prevent development of civil Resources from overuse pollution from development and saline works in upland water recharge and lowland extraction intrusion due to sea level rise; zones; • Increased extraction of surface fresh water will • Implement watershed management and water negatively impact agriculture, ecology of watersheds policies; and nutrient upwelling in coastal zones; • Update water quality standards • OECS MS have developed water policies or and • Monitor discharge zones watershed management plans in place to encourage • Adopt policy for use of renewable energy for sustainable and equitable access to water resources. desalination projects and grid connect arrangements Enforcement of these policies has been lacking. • Increasing freshwater availability in coastal areas (e.g. via desalinization) will have positive impact on future development opportunities however brine and wastes from the process will contribute to further destruction of coastal ecosystems. Renewable energy (e.g. solar PV) will offset the huge energy demand for desalinization. Extractives (Oil, • There are exploratory subsea mining activities already • Adequate mining regulatory framework to include gas and mining) underway for Grenada standards and best management practices for • There is no offshore or coastal onshore oil, gas or ecosystem restoration; mining exploration or production activities already • Ban on resource extraction from vulnerable areas present and plans are not available for review under intense coastal erosion • At present there are no sector-related infrastructure or • Petroleum regulatory framework facilities located in ecologically sensitive coastal zones • Climate change modelling and sea level rise risk (e.g. refinery, LNG storage terminal, mineral port, maps loading/unloading facilities and associated road, rail • Adequate cadaster and power and water supply infrastructure) • Need national policies for development of the oil and gas sector to include coastal and marine resources management 80 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact • Sand and gravel mining, although illegal in most cases, have negative effect on shoreline stability or sea-floor ecosystems in all OECS MS. Renewable and • Existing power plants located in low-lying coastal areas • Long term environmental studies to determine other Energy • There are feasibility studies to determine the viability migratory routes of faunal species; Development of new onshore or offshore energy projects (solar, • EIAs regulatory framework developed wind, geothermal, etc.). Results are not yet finalized. In • Policies for public participation in Planning Process the case of solar farms their potential footprints • Environmental monitoring framework and indicators overlap existing uses of coastal spaces. Marine • Caribbean Union Building Code (CUBIC) OECS Building windfarms are proposed however there is no available Code feasibility studies on same at present; • Competition for agricultural lands as areas with highest solar insulation overlap with best arable flat lands; • Roof mount PV solar must integrate hurricane risk exposure in design life. Maritime • Increased pollution of coastal and marine zones from • IMO environmental guide for marina and boatyards in Transport to oil spills, ballast water and wastewater/sewerage; the Caribbean include marinas, • Pollution from chemicals used in boat repair and • The location of shipping lanes and sensitive ecological boatyards and maintenance; areas must be mapped on marine spatial plans to yachting sector • Potential for increase conflicts between fisher folk, determine where they intersect and to zone uses government and investors in marina, tourism projects; appropriately for better management; Areas in Petit-Martinique targeted for development is • The impact of piracy on shipping or other uses of ocean used by fishermen. and coastal space needs to be assessed and included • Increased piracy in OECS MS. as part of regional maritime security agenda. Tourism • In OECS MS there are planned and existing tourist • Definition of No-go areas and buffer zones to facilities in low-lying coastal areas, which have preserve protected areas; operations or guest activities (boating, scuba-diving, • Introduce the precautionary principle etc.) which pose risks to local ecosystems (wildlife, coral 81 FINAL REGIONAL SESA FOR OECS CROP SECTOR/Main PREDICTED IMPACTS AND RISKS MITIGATION STANDARDS sources of Impact reefs, mangroves) – over use of recreational areas; • Establish regulatory system that excludes oil& gas disposal of untreated sewage; generation of large activities in the proximity of protected cultural volumes of solid waste) heritages and marine protected areas • Other existing or planned economic activities in coastal • Establish limits of acceptable change and carrying or marine areas which could pose a threat to or capacity for marine parks and conservation zones compete for resources with tourism activities include • oil and gas exploration; development of marine wind farms; aquaculture. • Capacity assessment of coastal and marine resources to keep pace with the fast-growing rate of tourism sector is necessary. The inter- • Multiple effects – biodiversity and faunal effects • Develop a cumulative effects management relationship associated with habitat disturbance; contamination framework between the of soils, and groundwater; oil spill risks • Decision-support system for ecosystem-based issues • Cumulative effects approach to coastal and natural resources • Implications for Spatial Land Planning management; • Waste management • Inter-agency collaboration; • Potential pollution of remote uncontaminated areas • Integrated development planning (multi-sector); 82 FINAL REGIONAL SESA FOR OECS CROP 9.0 INDICATORS, INSTITUTIONAL CAPACITIES AND GAP ANALYSIS 9.1 Indicators Weak or poor governance has been cited as a significant contributor to over-exploitation of marine resources, environmental pollution and degradation of the Caribbean Sea. A framework for good governance was developed as a means of conducting an analysis of institutional capacities in OECS Member States. An indicator is a quantitative, qualitative or descriptive attribute that, if measured or monitored periodically, could indicate the direction of change in governance. There are three key components of the framework for good governance: 1) Legal, regulatory and Institutional Framework; 2) Planning and Decision-Making Process; and 3) Implementation, Compliance and Monitoring. The principles which underpin these components or pillars of good governance are: • Transparency • Accountability • Fairness/Equity • Participation • Effectiveness • Efficiency The framework utilized in this assessment does not specify indicators since they are necessarily country, context and situation-specific. Instead, a structure for contextualizing the many governance indicators already in existence or under development and the areas where there are constraints or gaps to be filled, is provided. According to their aims and areas of interest and the constraints they face concerning data and resource availability, stakeholders in OECS Member States are encouraged and expected to choose from the Framework’s subcomponents and develop new indicators or adopt or modify existing indicators for the subcomponents as needed and appropriate. August, 2018 Final edit November 2018 83 FINAL REGIONAL SESA FOR OECS CROP 9.2 Framework for Good Governance The three main components of good governance were applied in the Situation and Stakeholder Analysis: Accountability Policy, Legal, Planning & Institutional and Decision-making Regulatory Process Framework Good Governance Implementation Enforcement and Compliance Fairness/Equity Figure 9.1 Components and Principles for Good governance (compiled/drawn by author) • Component 1: Policy, Legal, Institutional and regulatory frameworks. This considers the long-term systems of policies, laws, rules and regulations for management of coastal and marine resources within the various sectors that impinge upon the coastal zone. An analysis of this component of good governance must address the clarity and coherence of these frameworks and how they interact to define the overall context for use, management and decision-making with regards resources in the coastal zone. • Component 2: Planning and Decision-making processes: is concerned with the degree of transparency, accountability and inclusiveness of key natural resources management process and institutions. This component of good governance 84 FINAL REGIONAL SESA FOR OECS CROP explores the characteristics of these process and institutions, the operation of key agencies, the space they create for the participation of stakeholders, the accountability of power holders and decision makers. • Component 3: Implementation, enforcement and compliance. This component of good governance examines the extent to which the policy, legal, institutional and regulatory frameworks are implemented. It further considers the level of effectiveness, efficiency and equitability of implementation. These three components are mutually exclusive yet re-enforcing of each other so that failure across one component will affect effective governance, maintaining environmental quality and sustainable development. They are underpinned by the principles of accountability, effectiveness, efficiency, fairness/equity, participation and transparency. 9.3 Regional Gap Analysis - Political Economy Constraints 9.3.1 Independent Small Island States o Regional treaties and agreements have no direct effect at the national level and must first be adopted into domestic legislation and policies to enter into force. o Spatial management of coastal and marine resources also requires that the geographic boundaries or limits of territories be defined. The OECS MS have made significant progress in recent times towards formalization of their maritime boundaries and exclusive economic zones (EEZ). o All the territories within the marine space do not belong to the OECS Union which introduces another layer of complexity for negotiating transboundary matters. Dominica for instance shares its EEZ boundaries with Martinique and Guadeloupe which are both French overseas territories. On issues related to fisheries and ocean governance directives of the European Union take effect. o The disparity in political and economic status thus means that small states are often disadvantaged in negotiations on trade. 85 FINAL REGIONAL SESA FOR OECS CROP o Competition among territories for trade, tourism arrivals and private sector investment opportunities. Each OECS Member State has some form of citizen by investment (CBI) program. o OECS States are required to meet standards which when compared to larger states do not have the human, technical and financial resources to enable their compliance. However, there is progress towards improving transboundary management of the common marine space as Martinique has achieved observer status within the OECS Union and Guadeloupe has indicated interest to follow. Other territorial interest in the eastern Caribbean region include the USA, Britain, the Netherlands, Trinidad and Tobago, Barbados and Venezuela. OECS States have common economic and social partnership with Barbados, Trinidad and Tobago through their membership in CARICOM, ACS and OAS. 9.3.2 Governance arrangements 9.3.2.1 Legal and Regulatory Framework From the review conducted by Singh 2008, it can be concluded that there is a robust regulatory framework for Caribbean ocean’s governance at the international level (See Figure 3.1 and Annex I this Report). A work plan was formulated by the Association of Caribbean States (ACS) and UNECLAC to track progress in implementation of the obligations under the various resolutions and agreements. Following from the work of the ACS, Singh concludes that “large cohort of responses have been undertaken by States and it shows that actions are being taken in the region. For example, projects were undertaken to address integrated coastal zone management, upgrading contingency plans for port States, addressing oil pollution and information and training for oil spill response among others”. There is need for a common legal framework for Caribbean oceans governance, to rationalize the various MEAs and develop coordinating mechanisms for their implementation. 86 FINAL REGIONAL SESA FOR OECS CROP 9.3.2.2 Planning and Decision-Making Process Regional planning is sectoral and there is no lead regional environmental management or protection agency to coordinate planning across sectors and organizations. With few exceptions, planning results in policy and strategy formulation with limited direct implementation of results-oriented pilot projects. There is need for greater involvement in stakeholder participation in development planning and decision-making process. OECS States have yet to fully implement policies and legal framework for public participation. They have recently agreed to/signed the “Regional Agreement on Access to Information, Participation and Justice in Environmental Matters”. However, there is no clear regional mechanism for implementation of this agreement which must first be adopted into domestic legislation to take effect. 9.3.2.4 Implementation, Monitoring and Compliance Implementation of regional policies, programs of action and or projects takes place at the national level. This is often delivered in collaboration with public sector ministries or through direct contracting with private sector consultants, non-governmental and community-based organizations. Regional organisations therefore tend to operate in a project management mode coordinating delivery of outcomes to national stakeholders. The framework for regional corporation for fisheries is provided for in the various Fisheries Regulations of the individual Member States. The project document for the CLME+ provides a thorough situation and baseline analysis on the regional mechanisms for CSMP in the Caribbean (2015). A regional Transboundary Diagnostic Analysis (TDA) was also undertaken for Caribbean Large Marine Ecosystems in 2011. These reports present details on the nature of the regional mechanisms, mainly advisory, which are important for marine resources management especially fisheries. In addition to OECS and CARICOM, the regional arrangements which support efforts at the national level through collaboration on training, research, monitoring and other areas of technical cooperation include: • UNEP Caribbean Environment Programme (UNEP CEP) 87 FINAL REGIONAL SESA FOR OECS CROP • Western Central Atlantic Fisheries Commission (FAO-WECAFC) • Caribbean Community Common Fisheries Policy (CARICOM-CCCFP) and CARICOM Regional Fisheries Mechanism (CRFM) • OSPESCA Regional Fisheries & Aquaculture Policy • CRFM-OSPESCA Memorandum of Understanding (MoU) and Joint Action Plan • Regional Environmental Framework Strategy for Central America (ERAM-CCAD) • European Marine Strategy Framework Directive (MSFD) • European Water Framework Directive (WFD) • USA Ocean Policy and Implementation Plan • NOAA Caribbean Strategy There is no regional mechanism for monitoring and ensuring compliance with environmental conventions, treatise and multi-lateral environmental agreements. 9.4 National Gap Assessment 9.4.1 Component 1: Policy, Legal, Institutional and Regulatory Framework The policy legal, institutional and regulatory framework for coastal and marine spatial planning addresses five key issues or sub-components: 1. Laws, policies and strategies related to coastal and marine management 2. Legal framework to support and protect land tenure, ownership and use rights 3. Broader development policies integrated with coastal and marine policies 4. Institutional frameworks 5. Financial incentives, economic instruments and benefits sharing Table 9.1 provides the findings of the Situation and Stakeholder Analysis on the five sub- components above. The main recommendations are: • Outdated legislation which must be modernized to suit current and emerging trends in resource management. Annex I provides a comprehensive listing of the legal framework for each participating OECS Member State. 88 FINAL REGIONAL SESA FOR OECS CROP Table 9.1 Summary of Environmental Policy, Legal, Institutional and Regulatory Framework for CMSP in OECS MS Component DOMINICA GRENADA ST. KITTS & NEVIS ST LUCIA ST VINCENT & G Laws, policies and strategies Robust policy and legal Robust policy and legal Robust policy and legal Robust policy and legal Robust policy and legal related to coastal and framework; need framework; need framework; need framework; need framework; need POLICY, LEGAL, INSTITUTIONAL AND REGULATORY FRAMEOWRK marine management updating with codes & updating with codes & updating with codes & updating with codes & updating with codes & regulations; MEAs need regulations; MEAs need regulations; MEAs need regulations; MEAs need regulations; MEAs need to be adopted into local to be adopted into local to be adopted into local to be adopted into local to be adopted into local legislation; need legislation; need legislation; need legislation; need legislation; need environmental law environmental law environmental law environmental law environmental law Legal framework to support Laws for private property Laws for private property Laws for private property Laws for private property Laws for private property and protect land tenure, rights; need to develop rights; need to develop rights; need to develop rights; need to develop rights; need to develop ownership and use rights framework for public framework for public framework for public framework for public framework for public COMPONENT ONE lands, forests, user fees lands, forests, marine lands, forests, marine lands, forests, marine lands, forests, marine for forest and eco-trails; spaces; limited spaces; limited spaces; User fees for spaces; limited marine spaces; limited arrangements for arrangements for some forests and eco- arrangements for arrangements for national parks and national parks and trails; limited national parks and national parks and protected areas; protected areas; User arrangements for protected areas; protected areas; Kalinago fees for some forest national parks and Territory need to trails. protected areas; improve framework and develop by-laws to protect communal natural resources Integration of Development National Physical National Physical National Physical National Physical National Physical Policies with CMSP Development Plans; Land Development Plans; Land Development Plans; Land Development Plans; Land Development Plans; Land Use Policy; Forest Policy Use Policy; Forest Policy; Use Policy; Forest Policy; Use Policy; Forest Policy; Use Policy; Forest Policy; ICZM Policy Marine Policy and Zoning ICZM Policy Marine Policy 89 FINAL REGIONAL SESA FOR OECS CROP Institutional Framework Cultural norms and Cultural norms and Cultural norms and Cultural norms and Cultural norms and practices influence the practices influence the practices influence the practices influence the practices influence the use of natural resources; use of natural resources; use of natural resources; use of natural resources; use of natural resources; Kalinago Territory Conflict with Conflict with Conflict with Conflict with traditional practices implementation of implementation of implementation of implementation of determine how natural formal rules and formal rules and formal rules and formal rules and resources are managed regulations for natural regulations for natural regulations for natural regulations for natural resources management resources management, resources management resources management Financial Incentives, Tax free concessions Tax free concessions Tax free concessions Tax free concessions Tax free concessions Economic Instruments and fishing and tourism fishing and tourism fishing and tourism fishing and tourism fishing and tourism Benefits sharing sector; no license fees; sector; no license fees; sector; no license fees; sector; no license fees; sector; no license fees; no quotas; limited use of no quotas; limited use of no quotas; limited use of no quotas; limited use of no quotas; limited use of economic instruments economic instruments economic instruments economic instruments economic instruments for resource for resource for resource for resource for resource management management management management management 90 FINAL REGIONAL SESA FOR OECS CROP • International conventions and MEAs must be incorporated into national legislation during the process of modernization. • Framework for public participation needs to be developed with the entry into force of Freedom of Information Act and supporting legislation. • Financial incentives such as concessions are distortionary resulting in over- exploitation of natural resources; there is need for review and overhaul of Government duty free and tax incentive regimes; • Economic instruments must be used to manage coastal and marine resources. 9.4.2 Component 2: Planning and Decision-making Process To provide an analysis of the second component of governance, five sub-components were considered: 1. The Planning Context and Levels of Planning 2. Planning Process 3. Stakeholder Participation 4. Transparency and accountability 5. Stakeholder capacity and action Table 9.2 provides a summary of the assessment of the five-subcomponents. The key findings and recommendations from the Situation and Stakeholder Analysis are: • Planning in the OECS MS is driven by current socio-economic factors so that planning is focused on short term responses to provide jobs, reduce the debt to GDP ratio and sustain economic growth. Environmental considerations are not factored into the planning context resulting in degradation of natural assets. OECS MS must integrate natural resources management into the economic planning context to achieve sustainable development. • The planning process needs to evolve to include decision support systems to make operational an ecosystems-based approach to coastal and marine spatial planning; • The legal framework for stakeholder participation must be improved to allow for meaningful participation in the planning and development process. 91 FINAL REGIONAL SESA FOR OECS CROP Table 9.2 Component 2 Governance Framework – Planning and Decision-Making Process for CMSP in OECS MS Component Dominica Grenada St. Kitts and Nevis St Lucia St. Vincent & Grenadines Socio-economic drivers (job Socio-economic drivers (job Sector and project basis in Sector and project basis in Sector and project basis in Planning Context creation and economic creation and economic response to socio-economic response to socio-economic response to socio-economic and Levels of growth); project driven; growth); project driven drivers (job creation and drivers (job creation and drivers (job creation and Planning sectoral development plans economic growth) economic growth) economic growth) Public sector; lack of decision Public sector; lack of decision Public sector; Private active; Public sector; lack of decision Public sector; lack of decision Planning Process & support systems and support systems and lack of decision support support systems and support systems and PLANNING AND DECISION MAKING PROCESS Decision Support integration of hazard risk and integration of hazard risk and systems and integration of integration of hazard risk and integration of hazard risk and Systems environmental analysis environmental analysis hazard risk and environmental environmental analysis environmental analysis analysis Public Participation Low participation on setting Low participation on setting Low participation on setting Low participation on setting Low participation on setting objectives for development; objectives for development; objectives for development; objectives for development; objectives for development; COMPONENT TWO Legal framework needs Legal framework needs Legal framework needs Legal framework needs Legal framework needs improvement; EIA, Fisheries improvement; EIA, Fisheries improvement; EIA, Fisheries improvement; EIA, Fisheries improvement; EIA, Fisheries Committee, no mechanism to Committee, no mechanism to Committee, no mechanism to Committee, no mechanism to Committee, no mechanism to track implementation and track implementation and track implementation and track implementation and track implementation and evaluate impact evaluate impact evaluate impact evaluate impact evaluate impact Transparency & No publication of CBI data; No publication of CBI data; Low; Issues with CBI and Moderate and improving; Low-stakeholders demanding Accountability indicators need to be Investigations into mis- management of Frigate bay indicators need to be information on large projects; developed to track progress; management of statutory development funds; Sugar developed to track progress; indicators need to be No Freedom of Information Act bodies; indicators need to be diversification funds; indicators No Freedom of Information Act developed to track progress; (draft) developed to track progress; need to be developed to track enforced. No Freedom of Information Act No Freedom of Information Act progress; No Freedom of enforced (draft) Information Act enforced High capacity: low action High capacity: low action High capacity: low action High capacity: low action High capacity: low action Stakeholder Constrained by public policy Constrained by public policy Constrained by public policy Constrained by public policy Constrained by public policy Capacity and actions and lack of financial capital to and lack of financial capital to and lack of financial capital to and lack of financial capital to and lack of financial capital to undertake development undertake development undertake development undertake development undertake development projects; Low capacity and projects projects projects projects action in Kalinago Community 92 FINAL REGIONAL SESA FOR OECS CROP • Greater transparency and accountability are needed in the planning and decision- making process. Oversight mechanisms must be developed at the national and regional level to control allocation and use of coastal and marine resource rights. • Stakeholder capacity (private sector/civil society) and action needs to be encouraged and strengthened in the planning and decision-making process, to achieve sustainable development; 9.4.3 Component 3: Implementation, monitoring and compliance The third component of governance relates to implementation, monitoring and compliance with the policy, legal and regulatory framework for coastal and marine resources management. There are five areas of analysis in determining adequacy of governance with respect to this component: 1. Administration of coastal and marine resources 2. Law enforcement 3. Administration of land tenure and property rights 4. Cooperation and coordination 5. Measures to address corruption • Administrative arrangements for natural resources management are disjointed and there is need for a central coordinating environmental management and protection agency to act as a network administrative organization. This NAO can be a regional body which will function to: o Serve as a commission or authority staffed with the region’s best professionals to provide independent oversight, o Conduct research, provide support to formulate policies, legislation and management strategies, o Monitor and track progress in implementation. • The authority will reduce the need to deliver technical support to member states through short term disjointed consulting engagements;The NAO will improve the law 93 FINAL REGIONAL SESA FOR OECS CROP enforcement capabilities in OECS member states, reduce duplication of efforts and strengthen national capacity for environmental management; • Legal land registry needs to be improved; a system for benefits sharing of public natural resource rights must be developed to avoid conflict especially with marine spatial planning; • A regional oversight mechanism is needed to provide measures for dealing with corruption. Arrangements made with private interests’ groups and CBI investors to use public lands for development must be made transparent. 94 FINAL REGIONAL SESA FOR OECS CROP Table 9.3 Component 3 Governance Framework: Implementation, monitoring and Compliance for CMSP in OECS MS Component Dominica Grenada St. Kitts and Nevis St Lucia St. Vincent & Grenadines Fisheries Division; maritime Fisheries Division; maritime Strong Fisheries Division; Fisheries Division; Strong Fisheries Division; Strong Administration of administration office; no administration officer duties strong maritime maritime administration maritime administration coastal and marine ICZM unit; limited capacity; merged with Port Authority administration office; no office; functioning coastal office; no coastal zone resources GIS and Physical Planning although distinct legal ICZM; limited capacity; zone management unit; management unit; limited Unit with hardware & functions; ICZM task force; Strong GIS and Physical limited capacity; GIS and capacity; GIS and Physical IMPLEMENTATION, MONITORING AND COMPLIANCE software for planning; urban limited capacity; Physical Planning Unit with hardware Physical Planning Unit with Planning Unit with hardware development unit Planning Unit has limited & software for planning; hardware & software for & software for planning capacity hardware & urban development unit planning software for planning; Land Use Dept has GIS capability COMPONENT THREE Low – needs to improve; Low – needs to improve; Low – needs to improve; Low – needs to improve; Low – needs to improve; Law enforcement Coast guard; MPA officers; Coast guard; MPA officers; Coast guard; MPA officers; Coast guard; MPA officers; Coast guard; MPA officers; no environmental wardens no environmental wardens no environmental wardens no environmental wardens no environmental wardens Administration of Land registry; no legal Land registry; no legal Land registry; no legal Land registry; no legal Land registry; no legal land tenure and cadastral data; land and cadastral data; land and cadastral data; land and cadastral data; judicial cadastral data; judicial property rights property taxes; judicial property taxes; judicial property taxes judicial system; mediation and system; mediation and system; mediation and system; mediation and system; mediation and dispute resolution; dispute resolution; dispute resolution; no taxes dispute resolution; dispute resolution; in Kalinago Territory Lack of coordinating Lack of coordinating Lack of coordinating Lack of coordinating Lack of coordinating Cooperation and mechanisms for coastal and mechanisms for coastal and mechanisms for coastal and mechanisms for coastal and mechanisms for coastal and coordination marine management; strong marine management; strong marine management; strong marine management; strong marine management; strong regional mechanisms regional mechanisms regional mechanisms regional mechanisms regional mechanisms Measures to address Need watch dog and Need watch dog and Need watch dog and Need watch dog and Need watch dog and corruption oversight mechanism oversight mechanism oversight mechanism oversight mechanism oversight mechanism 95 FINAL REGIONAL SESA FOR OECS CROP 10.0 CONCLUSIONS AND RECOMMENDATIONS 10.1 General Conclusion From the strategic assessment of current trends in governance and management of coastal and marine resources in OECS States, two programs of actions are required to enable successful implementation of the CROP. Section 8 of this report provides Program 1 - mitigation measures and standards to address the existing and predicted pressures contributing to vulnerability reduction. Program 2 addresses the CMS planning process which will be constrained by the existing weak governance framework for coastal and marine resources management in OECS States. Member States are at various points along the continuum from weak to good governance therefore different priorities are given to the areas requiring action. Recommendations are provided in sections 10.2 to address the gaps and constraints identified in Section 9 of this report. These policy responses or “soft approaches” address factors operating at the level of the political economy, contribute to adaptation and building resilience. A combination of both Program 1 and Program 2 responses are therefore required for successful CMSP in OECS States. 10.2 Program 2 - Priority Areas for Action to improve Governance in OECS MS The areas for action are grouped based on the findings presented for analysis of the Governance Framework in Section 2 above. Separate attention is also given to prioritizing action for reducing the environmental pressures that result in degradation of the coastal and marine resources in OECS MS. A general requirement is the need to develop indicators for tracking progress in governance of coastal and marine resources. Each member state was required to provide national priority selection to feed in the SESA process. Responses were provided by Dominica, Grenada and St. Lucia and these are attached as annexes to the report. The following is the ranking developed by the consultant which will apply for St. Kitts and Nevis and St. Vincent and the Grenadines, as informed by the situation analysis: 96 FINAL REGIONAL SESA FOR OECS CROP 10.2.1 Recommendations– Policy, Legal, Institutional and Regulatory Framework Table 10.1 Recommended Actions for improvement of Legal and Regulatory Framework in OECS MS Priority 1: Immediate Action (2018-2019) Priority 2: Short-term Action (2020-2020) Priority 3: Medium to long term (2020-2022) Sub-Components RECOMMENDATIONS FOR ACTION PRIORITY Laws, policies and • Enact Environmental Management Act and supporting regulations 1 strategies related to • Enact Regulations for Physical Planning Act to include regulations for EIAs 1 POLICY, LEGAL, INSTITUTIONAL AND REGULATORY coastal and marine management • Adopt international MEAs into domestic legislation 2 • Revise Forestry and Fisheries Legislation to include coastal zone management 1 • Revise and update Beach Protection Act to include coastal erosion and sea level rise 2 • Develop National Ocean Governance Policy 1 COMPONENT ONE Legal framework to • Develop legal framework for user rights of public lands, forests, beaches, mangroves, 2 FRAMEOWRK support and protect coastal and marine spaces land tenure, • Revise user rights and fee structures for national parks and protected areas 1 ownership and use • Kalinago Territory need to improve framework and develop by-laws to protect 1 rights communal natural resources • Geographic coordinates for Kalinago Territory to be legally defined for spatial plans 1 Integration of • National Physical Development Plans integrate Climate Change Adaptation Plans 2 Development • Tourism Master Plan integrate climate change and sea level rise 1 Policies with CMSP • Forestry Policy and Action Plans; include mangroves and protection of coastal wetlands 2 • Housing Policy and Settlement Plan integrate into CMSP 2 • Multi-hazard risk assessment 1 • Develop linkages with national development plans and poverty reduction strategies 1 97 FINAL REGIONAL SESA FOR OECS CROP Institutional • Develop institutional framework to protect traditional resource rights for sustainable Framework livelihoods of vulnerable and marginalized communities • Kalinago Council needs to manage traditional practices for natural resources use; 1 develop by-laws to manage land to reduce conflict between formal and informal • Protect right of public access to the seashore and marine resources in CMSP 1 Financial Incentives, • Revise tax regime and concessions for fishing and tourism sectors to correct distortions 2 Economic which contribute to environmental degradation Instruments and • Introduce structured license fees for commercial fisherfolk and tourist sport fishing 2 Benefits sharing • Develop quota system for extraction of natural resources for all users (private and 2 commercial) • Develop regime of economic instruments for resource management 2 98 FINAL REGIONAL SESA FOR OECS CROP 10.2.2 Recommendations – Planning and Decision-making process Table 10.2 Recommendations for Improvement of Planning and Decision-making process in OECS MS Priority 1: Immediate Action (2018-2019) Priority 2: Short-term Action (2020-2020) Priority 3: Medium to long term (2020-2022) Sub-Component RECOMMENDATIONS FOR ACTION PRIORITY • Update Socio-economic development plans to include projects and actions for 1 Planning Context reduction of environmental pressures which lead to environmental degradation (see and Levels of table 3.4 for areas for action) PLANNING AND DECISION MAKING PROCESS Planning • Conduct training in use of economic valuation, environmental assessments, hazard 3 risk assessment and climate change scenarios to evaluate Public Sector Investment Projects • Update Sectoral development plans to include provisions for protection of coastal and 3 COMPONENT TWO marine resources as appropriate • Promote integrated development planning 3 Planning Process & • Improve participation of Private sector and citizens in the planning and decision- 1 Decision Support making process across all levels of planning Systems • Operationalize ecosystems-based approach in coastal and marine spatial planning 1 process • Develop decision support systems and integrate hazard risk and environmental 1 analyses into the decision-making process Public Participation • Institutionalize public participation; include standing citizen advisory groups in setting 1 priorities for development plans • Enforce Freedom of Information Act 2 • Develop guidelines for public participation in environmental and social impact 1 assessments; make stakeholder consultations for EIAs a mandatory requirement 99 FINAL REGIONAL SESA FOR OECS CROP • Adopt principles and provisions of Regional Agreement on right to access to 2 information public participation and environmental justice into national legislation • Develop indicators to track progress in implementation of policies, projects, plans etc 1 and evaluate impact Transparency & • Improve transparency of CBI Projects which utilize public coastal and marine resources 2 Accountability • Make public all lease, licenses, permits, quotas, concessions granted for coastal and 2 marine resource use/development • Develop indicators to track progress in implementation of Freedom of Information Act 1 • Develop regional oversight mechanism for public authorities • Correct public policy failures which limit stakeholder action in development planning 3 Stakeholder and decision-making process Capacity and actions • Create program of action to build capacity for stakeholder action in Kalinago Territory 1 • Develop national environmental education strategy for all levels of decision-makers 2 • A well-funded and comprehensive communications strategy should be developed that 1 engages all stakeholders, and utilizes diverse media outlets (e.g., web, public lectures, and stakeholder meetings) to reach the public. 100 FINAL REGIONAL SESA FOR OECS CROP 10.2.3 Recommendations – Implementation, Monitoring and Compliance Table 10.3 Recommendations to Improve Implementation, Monitoring and Compliance in OECS MS Priority 1: Immediate Action (2018-2019) Priority 2: Short-term Action (2020-2020) Priority 3: Medium to long term (2020-2022) Sub-Component RECOMMENDATIONS FOR ACTION PRIORITY • Improve capacity of ministries charged with responsibility for management of coastal 1 Administration of and marine resources (human, technical, financial) IMPLEMENTATION, MONITORING AND COMPLIANCE coastal and marine • Develop participatory approach for monitoring of coastal and marine ecosystems 1 resources • Publish state of the environment reports (annual) 1 • (see list of environmental issues requiring action) • Indicators and benchmarks for tracking environmental quality must be developed 1 • Improve capacity of judiciary for enforcement of laws and regulations 3 COMPONENT THREE Law enforcement • Develop incentives for public participation in enforcement 3 • Develop financial and tax incentives for voluntary compliance 2 Administration of • Develop regional environmental commission, tribunal or court 3 land tenure and • Improve access to judiciary; educate citizens on rights and process for judicial 2 property rights intervention in resolving conflicts • Kalinago Council - Develop land and property administration system for Territory 2 • Develop regional environmental protection and management authority 3 Cooperation and • Develop standing committee, citizen development commissions for CMSP 1 coordination • Institutionalize roles and responsibilities of regional coordinating agencies 2 Measures to address • Develop regional oversight mechanism for combating corruption 3 corruption 101 FINAL REGIONAL SESA FOR OECS CROP 10.3 General Recommendations for Implementation of CROP Recommendations to guide the development of marine spatial plans were an output from the CROP Feasibility Study. Despite not being ranked in order of priority by Member States they are relevant and should be taken on board during the implementation of the five- year project. The recommendations, which have been incorporated into this SESA, are provided under the following categories below: 10.3.1 Stakeholder Participation • To help strengthen support and buy-in for MSP, each CROP country should clearly articulate their own country needs for MSP and the benefits it will provide. • A stakeholder analysis should be completed at the start of the process to determine who should be involved, the best ways to communicate with them, and when they should be brought into the process. • A well-funded and comprehensive communications strategy should be developed that engages all stakeholders, and utilizes diverse media outlets (e.g., web, public lectures, and stakeholder meetings) to reach the public. • A regional Stakeholder Advisory Committee should be created to provide guidance and recommendations to ensure full stakeholder participation in MSP processes. 10.3.2 Planning Context and Decision-making Process • Each CROP country should clearly articulate their own vision for their country that will align with the regional project vision and match the national policy direction of their country. This vision statement should be realistic, credible, and attractive such that it attracts commitment and energizes people, while creating meaning to stakeholders. • The guiding principles of the MSP should be: equitable, adaptive, holistic, transparent, knowledge driven, public and political buy-in and accountability, sustainability, ecosystem-based management, precautionary principle, integrated management, duty of care and accountability, multi-stakeholder participation, user pays and other economic instruments, and simplicity. 102 FINAL REGIONAL SESA FOR OECS CROP • The goals for the MSP should be guided by the possible threats to the marine environment in the country; the social, environmental, economic, and cultural policy direction of the country; build upon national policies and regional and international commitments; and be guided by proposed future uses of the marine space. • The objectives of the MSP must be SMART and lead to the development of strategies that are clear, realistic, pragmatic, measurable, match the unique situation with the country, and should consider what worked and didn’t under similar and related projects and initiatives. • The geographic area of coverage should be from the coastal watershed / catchment area out to the furthest seaward boundary under the jurisdiction of the country. 10.3.3 Regional Cooperation and Coordination • For a regional MSP to be effective, the World Bank and the OECS Commission must solicit the buy-in and participation from as many countries sharing the island chain as possible. • Regional agencies and projects should be engaged to help encourage participation from non-CROP countries. • The regional Ocean Governance Team should play a key role in guiding the work of the national and regional MSP to ensure that decisions are aligned with international best practice. • A regional data base of persons qualified in MSP relevant fields should be created to allow for exchange and utilization of national and regional technical experts in the planning and implementation of MSP. • Collaboration mechanisms with potential regional partners should be promoted as there are several ways that they can support CROP implementation including mobilizing finances, providing training, undertaking project work, supporting stakeholder participation, and guiding the development of the required legislative and operational framework. • The key activities that should be completed prior to the final approval by the GEF and project kick-off include concluding boundary delimitation discussions with neighboring 103 FINAL REGIONAL SESA FOR OECS CROP countries, soliciting buy-in and participation from other countries that are not part of the CROP, and mobilizing additional financial resources. 10.3.4 Project Implementation • A financial management plan should be developed for the CROP that identifies the resources available, the funding gaps, and articulates a plan on how these gaps can be filled. • The OECS Commission, the World Bank, and the governments of the CROP countries should work collectively to raise additional resources for the project from direct allocations from government budgets, bilateral and multilateral donors, private sector, and collaborations with other regional projects and initiatives. • Considering the limited funding available, The World Bank, the OECS Commission, and the governments of the OECS countries must work assiduously to get additional project funding in a timely manner so that there are sufficient funds to do the required work and there is continuity to the CROP activities after the initial 4 years. • The timeline for the planning stage of the MSP (CROP project timeline) should be a minimum of 3 – 5 years, but with the understanding that in some countries it may take longer (a phased-in approach may be needed in these countries). • Although boundary delamination will not be a central theme during the implementation of CROP, it is critically important and should be conducted in parallel to CROP’s implementation. Clearly defined boundaries will (i) allow countries jurisdiction to enforce legislation governing activities within their waters, (ii) help transboundary issues, and (iii) help assess the geographic area available for marine activities that extend beyond the 12nm territorial sea (aligned with ECROP Policy 1). • A phased-in approach should be followed for MSP planning in the CROP countries. • The decision of which of the 5 options (pilot CROP in 2 or 3 OECS countries; complete the MSP process for only certain areas in each country; allow the MSP to extend out only to the 200m depth contour; design data collection activities to suit the available time and funding resources; and focus the MSP efforts on only a few key marine uses) to allow for 104 FINAL REGIONAL SESA FOR OECS CROP the implementation of a phased-in approach should be based on the amount of time and finances available for the CROP implementation and the current enabling conditions present in each country . • Two implementation models are recommended for the CROP - one model proposing completion of most of the national level project activities by consultants and the other one proposing implementation of activities through local agencies with support from consultants. 10.3.5 Policy Legal and Regulatory • A regional Legal Advisory Task Force with representation by the Attorney General from each OECS country should be created very early in the process to provide legal guidance for the MSP. • New legislation should be created early in the MSP process to provide the authority to make the spatial management plans, which will be the outputs of the MSP, binding. However, in cases where the legislative process will be too lengthy, existing legislation should be used if available so as not to delay project activities. • Institutional and legislative review will be needed to determine the most appropriate agency to lead the planning for MSP. For Saint Lucia and Grenada, the CZMUs should be strengthened to serve in this role. For Dominica, St. Kitts and Nevis and St. Vincent and the Grenadines creation of a new agency is advised but this may have to be conducted in parallel to the CROP. 10.3.6 Inter-sectoral coordination • There are existing intersectoral committees present in Saint Lucia (Coastal Zone Management Advisory Committee), Grenada (Coastal Zone Task Force) that can be used to oversee the MSP. St. Vincent and the Grenadines (Ocean Governance Coordination Committee) and St. Kitts and Nevis (National Maritime Coordination Committee) once endorsed by cabinet can serve as this coordinating body. For Dominica, since there is no 105 FINAL REGIONAL SESA FOR OECS CROP clear coordination committee that can serve in this role the Cabinet should appoint a new committee. • Assessments should be completed to determine best practice for collaborative mechanisms among organizations in each country and this should be used to support MSP efforts in the countries. 10.3.7 Data Collection • Objectives for data collection should be well articulated at the start of the MSP planning process to help streamline data collection and management. • The MSP process in the countries should rely on the best available science and information that is collected through well tested and documented methodologies that support data comparisons and sharing across countries. • A regional Science Advisory Committee that informs data decisions should be constituted. • MSP data collection activities must be guided by both current and future uses of the ocean. • A comprehensive knowledge management system should be created to document best practices and pits falls of the CROP implementation at the national and regional levels. 10.3.8 Monitoring and Evaluation • Monitoring and evaluation will be a critical process that should be completed throughout the MSP planning processes and should be implemented by an external monitoring and evaluation team. • The MSP base year should be determined early in the process and should be based on the national goals and objectives of each country MSP effort and should be taken as the date when implementation starts. • Contingencies must be built into CROP planning to allow the team to adapt to changing situations. 106 FINAL REGIONAL SESA FOR OECS CROP 11.0 ACTION PLAN FOR IMPLEMENTATION OF THE SESA The following are direct recommendations for consultants undertaking the preparation of ocean policies and strategies, and coastal and marine spatial plans to guide their activities. Several of these recommendations have already been brought out in previous deliverables including the IPPF for the Kalinago Territory in Dominica. Potential conflicts which may arise during implementation of the CMSP include: • Vision for CMSP – Member States have yet to clearly articulate their vision for coastal and marine spatial planning and this is a critical precursor to shape the outcomes of CROP. The Grenada Blue Growth Master Plan is an investment promotion strategy and needs to be aligned with national vision for coastal and marine resources management; • National Physical Development Plan – These may be outdated or do not include provisions for coastal zone management and therefore must be aligned with the coastal spatial plans to be developed under this project; • National Socio-Economic Development Plan – The 2030 development agenda for Member States must provide guidance for developing the overall vision for CMSP. This requires broad based involvement in shaping the outcomes of spatial plans that are socially acceptable and economically feasible. 11.1 Priorities for action at the regional level Several priorities requiring action at the regional level were among the key findings of the situation and stakeholder analysis and the recommendations from the CROP feasibility study. They include: 107 FINAL REGIONAL SESA FOR OECS CROP 11.1.1 Immediate to Short Term Actions (2018-2020) o The terms of reference and composition of the regional Ocean’s Governance Team must be reviewed to ensure that there is full stakeholder participation in MSP processes; o For a regional MSP to be effective, the World Bank and the OECS Commission must solicit the buy-in and participation from as many countries sharing the island chain as possible; o Regional agencies and projects should be engaged to help encourage participation from non-CROP countries; o The regional Ocean Governance Team should play a key role in guiding the work of the national and regional MSP to ensure that decisions are aligned with international best practice; o A regional data base of persons qualified in MSP relevant fields should be created to allow for exchange and utilization of national and regional technical experts in the planning and implementation of MSP; o The key activities that should be completed prior to the final approval by the GEF and project kick-off include concluding boundary delimitation discussions with neighboring countries, soliciting buy-in and participation from other countries that are not part of the CROP, and mobilizing additional financial resources; o A regional Legal Advisory Task Force with representation by the Attorney General from each OECS country should be created very early in the process to provide legal guidance for the MSP. 108 FINAL REGIONAL SESA FOR OECS CROP 11.1.2 Medium to Long Term Actions (2020-2022) o Collaboration mechanisms with potential regional partners should be promoted as there are several ways that they can support CROP implementation including mobilizing finances, providing training, undertaking project work, supporting stakeholder participation, and guiding the development of the required legislative and operational framework; o Establish a regional environmental protection agency to provide support for national agencies in areas such as monitoring, baseline ecosystems surveys and assessments, research, environmental information management systems and data management; o Establish a regional environmental commission, tribunal or court at the CCJ to address matters related to management of the Caribbean Sea, territorial boundaries and EEZ, compliance with regional environmental standards and laws; o Develop regional oversight mechanism for public authorities with responsibility for environment, coastal and marine resources management; o Develop regional oversight mechanism for transparency, accountability and combating corruption in allocation of resources from exploitation of natural resources; 109 FINAL REGIONAL SESA FOR OECS CROP 11.2 National Priority 1: Immediate Action (2018-2019) The stakeholders from Member States have placed heavy emphasis on the planning and decision-making component of the governance framework, with more than 14 actions recommended for immediate action. These areas of attention are considered critical for successful coastal and marine spatial planning. 11.2.1 Legal, Policy, Institutional and Regulatory Framework o Enact Environmental Management Act and supporting regulations; o Enact Regulations for Physical Planning Act to include regulations for EIAs; o Revise Forestry and Fisheries Legislation to include coastal zone management (Grenada already completed); o Develop National Ocean Governance Policy (completed for SVG; draft in SKN); o Revision and enforcement of Fisheries marine related laws; o Revise user rights and fee structures for national parks and protected areas; o Kalinago Territory need to improve framework and develop by-laws to protect communal natural resources; o Protect right of public access to the seashore and marine resources in CMSP. 11.2.2 Planning and Decision-making Process o Tourism Master Plan integrate climate change and sea level rise; o Multi-hazard risk assessment for coastal development; o Update Socio-economic development plans to include projects and actions for reduction of environmental pressures which lead to environmental degradation; o Improve participation of Private sector and citizens in the planning and decision- making process across all levels of planning; o Operationalize ecosystems-based approach in coastal and marine spatial planning process; o Develop decision support systems and integrate hazard risk and environmental analyses into the decision-making process; 110 FINAL REGIONAL SESA FOR OECS CROP o Institutionalize public participation; include standing citizen advisory groups in setting priorities for development plans; o Develop guidelines for public participation in environmental and social impact assessments; make stakeholder consultations for EIAs a mandatory requirement o Develop indicators to track progress in implementation of policies, projects, plans etc and evaluate impact; o Develop participatory approach in monitoring of coastal and marine ecosystem; o Develop framework for engagement of CBI developers/business operators with local MPAs for conservation and preservation actions in Marine Protected Areas; o Create program of action to build capacity for stakeholder action in Kalinago Territory; o A well-funded and comprehensive communications strategy should be developed that engages all stakeholders, and utilizes diverse media outlets (e.g., web, public lectures, and stakeholder meetings) to reach the public; o Develop capacity development program action for all communities and MPAs engaged in EbA (DOM) 11.2.3 Implementation, Compliance and Monitoring o Improve capacity of ministries and MPAs charged with responsibility for management of coastal and marine resources (human, technical, financial); o Develop participatory approach for monitoring of coastal and marine ecosystems o Publish state of the environment reports (annual); SLU most recent report 2016; o Indicators and benchmarks for tracking environmental quality must be developed; o Develop indicators to track progress in implementation of policies, projects, plans, etc and to evaluate impacts; o Develop data collection and management systems; o Training and capacity building of fisheries staff in news and developing technologies; o Coral reef and fish stock monitoring . 111 FINAL REGIONAL SESA FOR OECS CROP 11.3 Priority 2: Short-term Action (2019-2020) 11.3.1 Legal, Policy, Institutional and Regulatory Framework o Adopt international MEAs into domestic legislation o Revise and update Beach Protection Act to include coastal erosion and sea level rise o Develop legal framework for user rights of public lands, forests, beaches, mangroves, coastal and marine spaces o National Physical Development Plans integrate Climate Change Adaptation Plans o Forestry Policy and Action Plans; include mangroves and protection of coastal wetlands o Housing Policy and Settlement Plan integrate into CMSP o Revise tax regime and concessions for fishing and tourism sectors to correct distortions which contribute to environmental degradation o Revise the structure of license fees for fisher folk and marine related tourism o Develop quota system for extraction of natural resources for all users (private and commercial) o Develop regime of economic instruments for resource management o Waiver of Custom duties, and Vat on boats, equipment, machinery, hardware, software, for MPAs, CSOs and NGOs that are engaged in environmental, conservation and preservation efforts 11.3.2 Planning and Decision-making Process o Enforce Freedom of Information Act o Adopt principles and provisions of Regional Agreement on right to access to information public participation and environmental justice into national legislation; o Improve transparency of CBI Projects which utilize public coastal and marine resources o Conduct training in use of economic valuation, environmental assessments, hazard risk assessment and climate change scenarios to evaluate Public Sector Investment Projects o Develop national environmental education strategy for all levels of decision-makers 112 FINAL REGIONAL SESA FOR OECS CROP 11.3.3 Implementation, Compliance and Monitoring o Develop financial and tax incentives for voluntary compliance o Make provision for MPAs, NGOs and CSOs engaged in environment conservation and preservation to place fines, penalties and other enforcement measures; o Improve access to judiciary; educate citizens on rights and process for judicial intervention in resolving conflicts; o Kalinago Council - Develop land and property administration system for Territory 11.4 National Priority 3: Medium to long term (2019-2022) 11.4.1 Planning and Decision-making Process o Conduct training in use of economic valuation, environmental assessments, hazard risk assessment and climate change scenarios to evaluate Public Sector Investment Projects o Update Sectoral development plans to include provisions for protection of coastal and marine resources as appropriate o Promote integrated development planning o Correct public policy failures which limit stakeholder action in development planning and decision-making process; 11.4.2 Implementation, Compliance and Monitoring o Improve capacity of judiciary for enforcement of laws and regulations o Develop incentives for public participation in enforcement o Develop regional environmental commission, tribunal or court 113 FINAL REGIONAL SESA FOR OECS CROP Table 11.1a Action Plan for Priority One: Immediate (2018-2019) Governance Strategic Objectives Implementation Actions Responsible Time Component Agency Frame • Enact Environmental Management Act and Legal Affairs; Min of 6 months (in To modernize Laws, supporting regulations; Environment; Sus Dev draft) policies and strategies related to coastal and • Enact Regulations for Physical Planning Act Legal Affairs; Physical 6 months (in marine management to include regulations for EIAs; Planning draft) • Revise Forestry and Fisheries Legislation to Legal Affairs; Forestry; 1 year LEGISLATIVE FRAMEWORK To develop a robust include coastal zone management Fisheries legal framework to (Grenada already completed); support and protect • Develop National Ocean Governance National Committee; 6 months land tenure, ownership Policy (completed for SVG; draft in SKN); all sectors participate and use rights • Revision [and enforcement] of Fisheries Legal Affairs; fisheries 6 months (in To integrate broader marine related laws; draft) development policies i • Revise user rights and fee structures for Fisheries; National 1 year with coastal and marine national parks and protected areas; Parks; Min of Finance policies • Kalinago Territory need to improve Kalinago Council 1 year framework and develop by-laws to protect To create pathways for communal natural resources; recognition of cultural • Protect right of public access to the National CMSP Immediate norms and traditional seashore and marine resources in CMSP; Committee and ongoing rights in Institutional frameworks • Legally define geographical coordinates Kalinago Council; Immediate for Kalinago Territory to facilitate spatial Ministry of Kalinago to 6 months To develop financial planning. Affairs; Legal Affairs incentives, economic instruments and benefits sharing 114 FINAL REGIONAL SESA FOR OECS CROP Governance Strategic Objectives Implementation Actions Responsible Time Component Agency Frame Table 11.1b Action Plan for Priority One: Immediate (2018-2019) Compo Strategic Objectives Recommended Actions for Responsible Time Gover nance nent Implementation Agency Frame • Tourism Master Plan integrate climate Min of Tourism; 1 year change and sea level rise; Environment; Sus Dev To integrate planning • DECISION MAKING across all levels, Multi-hazard risk assessment for coastal Physical Planning; 6 months PLANNING AND national, regional development; Disaster Management (area), sectoral, projects • Update Socio-economic development Economic Planning; 6 months; plans to include projects and actions for Finance; Environment; part of To utilize decision- reduction of environmental pressures budget cycle support systems into which lead to environmental degradation planning framework • Improve participation of Private sector All sectors; Economic Immediate To increase Stakeholder and citizens in the planning and decision- planning; budget and Ongoing Participation making process across all levels of process planning • Operationalize ecosystems-based Fisheries and marine Immediate approach in coastal and marine spatial management agency; and ongoing planning process environment dept 115 FINAL REGIONAL SESA FOR OECS CROP Compo Gover Strategic Objectives Recommended Actions for Responsible Time nance nent Implementation Agency Frame To improve • Develop decision support systems and Economic & Finance; 6 months-1 transparency and integrate hazard risk and environmental year & accountability analyses into the decision-making process ongoing • Institutionalize public participation; Ministry of Finance; Immediate & To increase stakeholder include standing citizen advisory groups in Economic Planning; all ongoing capacity and action setting priorities for development plans sectors • Develop guidelines for public participation Physical Planning 3-6 months in environmental and social impact assessments; make stakeholder consultations for EIAs a mandatory requirement • Develop indicators to track progress in Ministry of Immediate implementation of policies, projects, plans Environment and ongoing etc and evaluate impact • Develop participatory approach in Ministry of 1 year monitoring of coastal and marine Environment; ecosystem Fisheries; NGOs • Develop framework for engagement of CBI Economic Planning; 1 year developers/business operators with local Fisheries MPAs for conservation and preservation actions in Marine Protected Areas. (DOM) • Create program of action to build capacity Kalinago Council & Immediate & for stakeholder action in Kalinago Territory Ministry ongoing • A well-funded and comprehensive Sus Dev; Ministry of Immediate communications strategy should be Environment; and ongoing developed that engages all stakeholders, Economic Planning, and utilizes diverse media outlets (e.g., Finance; 116 FINAL REGIONAL SESA FOR OECS CROP Compo Gover Strategic Objectives Recommended Actions for Responsible Time nance nent Implementation Agency Frame web, public lectures, and stakeholder meetings) to reach the public • Develop capacity development program Fisheries; Ministry of 1 year action for all communities and MPAs Environment engaged in EbA (DOM) 117 FINAL REGIONAL SESA FOR OECS CROP Table 11.1c Action Plan for Priority One: Immediate (2018-2019) Comp rnanc Gove onen Strategic Objectives Recommended Actions for Responsible Time e t Implementation Agency Frame • Improve capacity of ministries and MPAs Ministry of Finance; Immediate IMPLEMENTATION, COMPLIANCE To develop capacity for charged with responsibility for Fisheries; Min of and ongoing administration of management of coastal and marine Environment coastal and marine resources (human, technical, financial); resources • Develop participatory approach for Fisheries; 6 months AND MONITORING monitoring of coastal and marine To enhance Law ecosystems enforcement • Publish state of the environment reports Sus Dev; Ministry of 1 year and To improve (annual); SLU most recent report 2016; Environment ongoing administration of land • Indicators and benchmarks for tracking Ministry of 6 months tenure and property environmental quality must be developed; Environment and ongoing rights • Develop indicators to track progress in Economic Planning; 6 months To create mechanisms implementation of policies, projects, Ministry of and ongoing for cooperation and plans, etc and to evaluate impacts; Environment coordination • Develop data collection and management Ministry of 1 year systems; Environment; • Training and capacity building of fisheries Fisheries; CRFM 6 months to staff in news and developing technologies; 1 year • Coral reef and fish stock monitoring. Fisheries; CRFM immediate 118 FINAL REGIONAL SESA FOR OECS CROP Table 11.2a Action Plan for Priority Two: Short to Medium Term (2020-2020) Governance Component Strategic Objectives Recommended Actions for Responsible Time Implementation Agency Frame • Adopt international MEAs into Legal Affairs; 1 to 2 years To modernize Laws, domestic legislation Environment policies and strategies • Revise and update Beach Protection Legal Affairs; Min of 2 years related to coastal and Act to include coastal erosion and Environment; Works marine management sea level rise Dept • Develop legal framework for user Legal Affairs; Min of 2 years To develop a robust rights of public lands, forests, Environment legal framework to beaches, mangroves, coastal and support and protect marine spaces LEGISLATIVE land tenure, ownership • National Physical Development Physical Planning; 2 years and use rights Plans integrate Climate Change Ministry for Climate To integrate broader Adaptation Plans Resilience development policies i • Forestry Policy and Action Plans; Forestry Dept; 2 years with coastal and marine include mangroves and protection of Ministry of policies coastal wetlands Environment • Housing Policy and Settlement Plan Housing Authority 1.5 to 2 To create pathways for integrate into CMSP years recognition of cultural • Revise tax regime and concessions Ministry of Finance; 1.5 years norms and traditional for fishing and tourism sectors to fisheries, tourism rights in Institutional correct distortions which contribute frameworks to environmental degradation • Develop quota system for extraction Ministry of Finance & 1.5 years To develop financial of natural resources for all users Relevant Ministry incentives, economic (private and commercial) 119 FINAL REGIONAL SESA FOR OECS CROP Governance Component Strategic Objectives Recommended Actions for Responsible Time Implementation Agency Frame instruments and • Develop regime of economic Ministry of Finance 1.5 years benefits sharing instruments for resource management • Waiver of Custom duties, and Vat on Ministry of Finance 2 years boats, equipment, machinery, hardware, software, for MPAs, CSOs and NGOs that are engaged in environmental, conservation and preservation efforts Table 11.2b Action Plan for Priority Two: Short to Medium Term (2020-2020) Comp rnanc Gove onen Strategic Objectives Recommended Actions for Responsible Time e t Implementation Agency Frame To utilize decision- • Enforce Freedom of Information Act Legal Affairs; Ministry 1.5 to 2 support systems into of Information years planning framework • Adopt principles and provisions of Legal Affairs; Ministry 1.5 years PLANNING AND Regional Agreement on right to of Information; civil To increase Stakeholder access to information public society participation DECISION MAKING Participation participation and environmental To improve justice into national legislation; transparency and • Improve transparency of CBI Ministry of Finance 1.5 years accountability Projects which utilize public coastal and Information; and marine resources To increase stakeholder • Conduct training in use of economic Economic Planning; 1.5 to 2 capacity and action Ministry of Finance years valuation, environmental assessments, hazard risk assessment and climate change scenarios to 120 FINAL REGIONAL SESA FOR OECS CROP evaluate Public Sector Investment Projects • Develop national environmental Ministry of 2 years education strategy for all levels of Environment and decision-makers Education Table 11.2c Action Plan for Priority Two: Short to Medium Term (2020-2020) Governance Component Strategic Objectives Recommended Actions for Responsible Time Implementation Agency Frame • Develop financial and tax incentives Ministry of Finance; 2 years To develop capacity for for voluntary compliance min of environment administration of • Make provisions for MPAs, NGOs Legal Affairs; 2 years IMPLEMENTATION, coastal and marine COMPLIANCE AND and CSOs engaged in environment Fisheries; resources MONITORING conservation and preservation to place fines, penalties and other To enhance Law enforcement measures; enforcement • Improve access to judiciary; educate NGOs, CBOs, Bar 2 years To create mechanisms citizens on rights and process for Association; for cooperation and judicial intervention in resolving Mediation Project coordination conflicts; • Kalinago Council - Develop land and Kalinago Council 2 years To establish measures property administration system for to address corruption Territory 121 FINAL REGIONAL SESA FOR OECS CROP Table 11.3 Action Plan for Priority Three: Medium to Long Term (2020-2022) Governance Component Strategic Objectives Implementation Actions Responsible Agency Time Frame To integrate Planning • Conduct training in use of economic Economic Planning; 3 years across all levels, valuation, environmental Ministry of Finance national, regional assessments, hazard risk assessment PLANNING AND DECISION (area), sectoral, projects and climate change scenarios to evaluate Public Sector Investment To utilize decision- Projects support systems into • Update Sectoral development plans All sectors 3 years MAKING planning framework to include provisions for protection To increase Stakeholder of coastal and marine resources as Participation appropriate • Promote integrated development Economic Planning 3 to 4 years; To improve planning Dept. ongoing transparency and accountability • Correct public policy failures which Ministry of Finance; 3 years limit stakeholder action in Economic Planning To increase stakeholder development planning and decision- Dept; Physical capacity and action making process; Planning • Improve capacity of judiciary for Legal Affairs; Standing 3 years and To enhance Law IMPLEMENTATION, Stakeholder ongoing COMPLIANCE AND enforcement of laws and regulations enforcement MONITORING Committee • Develop incentives for public Ministry of 4 years To create mechanisms participation in enforcement Environment; Legal for cooperation and Affairs coordination • Develop regional environmental OECS 3 to 4 years To establish measures commission, tribunal or court to address corruption 122 FINAL REGIONAL SESA FOR OECS CROP 12 REFERENCES (A Detailed list of documents and country reports are provided in the report of the Situation and Stakeholder Analysis for this SESA) Caribbean Fisheries Legal and Institutional Study: Findings of the Comparative Assessment and Country Reports Food and Agriculture Organization of the United Nations Bridgetown, Barbados, 2016 CCCCC (2012) DELIVERING TRANSFORMATIONAL CHANGE 2011-21: Implementing the CARICOM ‘Regional Framework for Achieving Development Resilient to Climate Change. Caribbean Community Climate Change Centre, Belize, March 2012. Developing a framework for a comprehensive marine multi-use zoning plan for The Grenadine Islands Final report for NOAA Federal Grant: na10nos4630054 Sustainable Grenadines Inc October 2012 EU 1999, Towards a European Integrated Coastal Zone Management (ICZM) Strategy: General Principles and Policy Options. A reflection Paper EU Demonstration Programme on Integrated Coastal Zone Management 1997-1999 Governance arrangements for marine ecosystems of the Wider Caribbean Region. Mahon et al, 2013. Centre for Resource Management and Environmental Studies (CERMES), Caribbean Sea Large Marine Ecosystem (CLME) and Adjacent Regions (CLME Project). Government of Trinidad and Tobago, 2014. Integrated Coastal Zone Management Policy Framework (draft). Ministry of Environment and Water Resources ICZM Steering Committee Haines-Young, R. and M. Potschin, 2011. Integrated Coastal Zone Management and the Ecosystem Approach CEM Working Paper No 7 Center for Environmental Management University of Nottingham. Huber, R.M , Meganck, R (1990). The Management Challenge of Grand Anse Beach Erosion, Grenada West Indies. Ocean and Shoreline Management 13 (1990) 99-109. (Received 14 September 1988, accepted 11 November 1988) IUCN, 2015. Policy Brief: An International Instrument on Conservation and Sustainable Use of Biodiversity in Marine Areas beyond National Jurisdiction Exploring Different Elements to Consider. PAPER VII Relation between Environmental Impact Assessments, Strategic Environmental Assessments and Marine Spatial Planning. By Thomas Greiber and Marissa Knodel, with comments from Robin Warner Commissioned by the German Federal Agency for Nature Conservation with funds from The German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety. 123 FINAL REGIONAL SESA FOR OECS CROP K C Komsary, W P Tarigan and T Wiyana, 2018. Limits of acceptable change as tool for tourism development sustainability in Pangandaran West Java. Published under licence by IOP Publishing LtdIOP Conference Series: Earth and Environmental Science, Volume 126, conference 1 Limits in the Seas No. 133 Antigua and Barbuda Archipelagic and other maritime claims and boundaries March 28, 2014 Office of Ocean and Polar Affairs Bureau of Oceans and International Environmental and Scientific Affairs U.S. Department of State M., Sim, R.,Lizcano, G., Wilson, M., Rutty, M., Stager, H., Oldham, J., New, M., Clarke, J., Day, O.J., Fields, N., Georges, J., Waithe, R., McSharry, P. (2010) Quantification and Magnitude of Losses and Damages Resulting from the Impacts of Climate Change: Modelling the Transformational Impacts and Costs of Sea Level Rise in the Caribbean. United Nations Mee, L.D. (2012). Between the devil and the deep blue sea: The coastal zone in an era of globalisation. Estuarine, Coastal and Shelf Science, 96, 1-8. McCool, Stephen, 1996. Limits of Acceptable Change: A Framework for Managing National Protected Areas: Experiences from the United States. Paper Presented at Workshop on Impact Management in Marine Parks, Maritime Institute of Malaysia Millennium Ecosystem Assessment (MEA) (2005). Millennium Ecosystem Assessment: Ecosystems and human wellbeing: Synthesis. Washington DC: Island Press. OECS 2006, St. George’s Declaration of Principles of Environmental Sustainability in OECS 2001 (Revised 2006) OECS 2010, Revised Treaty of Basseterre – Protocol of Organisation of Easter Caribbean States Economic Union OECS 2016, Final Background Synthesis Report on Integrated Coastal Zone Management (ICZM) in OECS Member States Principles for Stakeholder Involvement in Coastal and Marine Spatial Planning. Prepared by the U.S. Institute for Environmental Conflict Resolution of the Morris K Udall and Stewart L. Udall Foundation. December 2011 Roman GS, Dearden P, Rollins R, 2007. Application of zoning and "limits of acceptable change" to manage snorkelling tourism. . Environ Manage. 2007 Jun;39(6):819-30. Epub 2007 Apr 19 Saffache & Angelelli , 2010. Integrated Coastal Zone Management in small islands: A comparative outline of some islands of the Lesser Antilles. Journal of Integrated Coastal Zone Management 10(3):255-279 (2010) 124 FINAL REGIONAL SESA FOR OECS CROP Simpson, M. C., Clarke, J. F., Scott, D. J., New, M., Karmalkar, A., Day, O. J., Taylor, M., Gossling, S., Wilson, M., Chadee, D., Stager, H., Waithe, R., Stewart, A., Georges, J., Hutchinson, N., Fields, N., Sim, R., Rutty, M., Matthews, L., and Charles, S. (2012b). CARIBSAVE Climate Change Risk Atlas (CCCRA) - Dominica. DFID, AusAID and The CARIBSAVE Partnership, Barbados, West Indies Simpson, M. C., Clarke, J. F., Scott, D. J., New, M., Karmalkar, A., Day, O. J., Taylor, M., Gossling, S., Wilson, M., Chadee, D., Stager, H., Waithe, R., Stewart, A., Georges, J., Hutchinson, N., Fields, N., Sim, R., Rutty, M., Matthews, L., and Charles, S. (2012c). CARIBSAVE Climate Change Risk Atlas (CCCRA) - Grenada. DFID, AusAID and The CARIBSAVE Partnership, Barbados, West Indies. Simpson, M. C., Clarke, J. F., Scott, D. J., New, M., Karmalkar, A., Day, O. J., Taylor, M., Gossling, S., Wilson, M., Chadee, D., Stager, H., Waithe, R., Stewart, A., Georges, J., Hutchinson, N., Fields, N., Sim, R., Rutty, M., Matthews, L., and Charles, S. (2012d). CARIBSAVE Climate Change Risk Atlas (CCCRA) – St. Kitts. DFID, AusAID and The CARIBSAVE Partnership, Barbados, West Indies. Simpson, M. C., Clarke, J. F., Scott, D. J., New, M., Karmalkar, A., Day, O. J., Taylor, M., Gossling, S., Wilson, M., Chadee, D., Stager, H., Waithe, R., Stewart, A., Georges, J., Hutchinson, N., Fields, N., Sim, R., Rutty, M., Matthews, L., and Charles, S. (2012e). CARIBSAVE Climate Change Risk Atlas (CCCRA) - Nevis. DFID, AusAID and The CARIBSAVE Partnership, Barbados, West Indies. Simpson, M. C., Clarke, J. F., Scott, D. J., New, M., Karmalkar, A., Day, O. J., Taylor, M., Gossling, S., Wilson, M., Chadee, D., Stager, H., Waithe, R., Stewart, A., Georges, J., Hutchinson, N., Fields, N., Sim, R., Rutty, M., Matthews, L., and Charles, S. (2012f). CARIBSAVE Climate Change Risk Atlas (CCCRA) – St Lucia. DFID, AusAID and The CARIBSAVE Partnership, Barbados, West Indies. Simpson, M. C., Clarke, J. F., Scott, D. J., New, M., Karmalkar, A., Day, O. J., Taylor, M., Gossling, S., Wilson, M., Chadee, D., Stager, H., Waithe, R., Stewart, A., Georges, J., Hutchinson, N., Fields, N., Sim, R., Rutty, M., Matthews, L., and Charles, S. (2012g). CARIBSAVE Climate Change Risk Atlas (CCCRA) – St Vincent and the Grenadine. DFID, AusAID and The CARIBSAVE Partnership, Barbados, West Indies. The Valuation of Marine Ecosystem Goods and Services in the Wider Caribbean Region. Peter SCHUHMANN, 2012 Caribbean Sea Large Marine Ecosystem (CLME) and Adjacent Regions (CLME Project). The Caribbean Region Oceanscape Project (CROP). Assessment of Marine Spatial Planning Feasibility Report. The Nature Conservancy. World Bank Group, 2017. Robin, 2007. Final Report: OECS Audit of Maritime Agencies. Turner and Schaafsma, 2015 Coastal Zones Ecosystem Services: From Science to Values and Decision Making. Springer Studies in Ecological Economics WEBSITES 125 FINAL REGIONAL SESA FOR OECS CROP http://www.marbef.org/wiki/The_Integrated_approach_to_Coastal_Zone_Management(ICZM) http://ec.europa.eu/environment/iczm/home.htm http://wiomsa.org/mpatoolkit/Themesheets/A5_Integrated_coastal_management.pdf http://www.prm.nau.edu/prm300-old/LAC_article.htm Australia Caribbean Coral Reef Collaboration http://climateandreefs.org/new-page Sea around us project: Fisheries, Ecosystems & Biodiversity http://aerl06.aerl.ubc.ca/eez/28.aspx 126 FINAL REGIONAL SESA FOR OECS CROP ANNEX I – ENVIRONMENTAL POLICY AND REGULATORY FRAMEWORK IN OECS STATES Table 1a Terrestrial Zone – Environmental Policy Framework for resources management in OECS Member States Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines Land Tenure Mainly Crown Lands; Private Mainly Private; Crown Lands Crown Lands Mainly Crown Lands; Private Mainly Crown Lands; private Land use National parks; rain forest; Forest Reserve; National National parks; rain forest; National parks; rain forest; National parks; rain forest; water catchment; agriculture; parks; rain forest; water water catchment; agriculture; water catchment; agriculture; water catchment; agriculture; limited residential; catchment; agriculture; limited limited residential; limited residential; limited residential; telecommunication towers; residential; eco-tourism; telecommunication towers; telecommunication towers; telecommunication towers; eco- tourism; sustainable telecommunication towers; eco- tourism; sustainable eco- tourism; sustainable eco- tourism; sustainable livelihoods sustainable livelihoods livelihoods livelihoods livelihoods Legislation National Parks and Protected Crown Lands Ordinance CAP. National Conservation and Wildlife protection Act 1980; Forestry Act (1945); National Areas Act 16, 1975. Chapter 78 of 1990 (1896); Crown Environment Protection Act, The Forest, Soil and Water Parks Act, 2002 (No. 33 of 42:02; Forestry and Wildlife Land Rules SRO No. 36 1987 (Act No. 5); Forestry Conservation Act (1984?); 2002); Forest Resource Act Chapter 60:02 Act 12 of (1934); Crown Lands Rules Ordinance 1904; The Crown Lands Ordinance. Conservation Act, 1992, No. 1976; National Parks (Amendments) SRO Nos. 3, 7/1945 (amended by 47 of 1992; Wildlife Terrestrial Zone - T3 Regulations (S.R.O. No. 54 of 19, 39 (1965); Crown Lands Ordinance, 19/1960) and Protection Act, No. 16 of 2003); Wild Birds Protection Forest Produce Rules (1956) Regulations; World Heritage 1987; Plant Protection Act, Ordinance. No. 7 of 1959; Protected Forest Rules SRO Convention Act (Act No. 49 of No. 16 of 2005; Plant Crown Lands (Amendment) No. 87 (1952); Forest, Soil 1999). Water and Sewage Act, Protection Regulations, No. 9 Regulations, 1963 (S.R.O. No. and Water Conservation Act. Physical Planning Act, of 1991; Botanical Garden 13 of 1963); Crown Lands CAP. 116 (1949); Forest, Soil Agriculture Act, Act, No. 20 of 1987; Botanical Ordinance (Cap. 169).1960; and Water Conservation Gardens Rules, S.R.O. 9 of State Lands Act 27 0f 1958 (Amendment) Ordinance No. 1991 and S.R.O. 24 of (Cap. 53:01); Forest Industries 34 (1984); 2005; Draft Environmental Development Corporation Act, National Parks and Protected Management Act. 2009. 1977 (Cap. 85:01); Forests Act Areas Act CAP. 206 (1990); National Parks Act 2000 and (Chapter 60:01); Water Science and Technology Amended Act 2010 Catchment Rules 1995 (S.R.O. Council Act CAP. 298 (1982); No. 11 of 1995). Botanical Gardens Act, No. 25 of 1968; National Botanical and Zoological Gardens Rules, SRO 55 of 1968; National Heritage Protection Act, No. 18 of 1990. 127 FINAL REGIONAL SESA FOR OECS CROP Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines Policies, Plans Commonwealth of Dominica National Forest Policy (1999) National Environmental A National Water Policy of St. National Biodiversity Strategy and Strategies Biodiversity Strategy and and Strategy (2000); Land Management Strategy Lucia, 2004; National Land & Action Plan for St. Vincent Action Plan 2001 – 2005; Policy (draft); NEPs & (NEMS); National Policy, 2007; National & the Grenadines 2000; Dominica National NEMS; Climate Change Biodiversity Action Plan Environment Policy (NEP)- GOSVG National Biodiversity Strategy and Policy; Biodiversity Strategy (NBSAP); Integrated Water National Environmental Environmental Policy and action plan 2014-2020; and Action Plan; Water Resources Management Plan Management Strategy Management Strategy 2004; Integrated Water Resources Resources Policy; Land & (NEMS) Revised 2014 Integrated Water Resources Management Plan Marine Management Strategy; ;Roadmap Towards the Management Plan; Integrated Water Resources preparation of an Integrated SVG National Social Management Plan Water Resources Management Economic Development Plan (IWRM) Plan (2010); Climate 2013 -2015 Change Adaptation Policy, Forestry Strategic SVG National Parks and Management Plan 2015- 2025, Protected Areas system plan Waste Water Management 2010 -2014 Plan (not finalized), System Plan for Protected Areas Kings Hill Forest Management Plan SVG Parrot Conservation Plan Conventions • Convention to Combat • Convention to Combat • Convention to Combat • Convention to Combat • Convention to Combat & MEAs Desertification and Land Desertification and Land Desertification and Land Desertification and Land Desertification and Land Degradation (1992) Degradation (1992) Degradation (1992) Degradation (1992) Degradation (1992) • Cartagena Convention • Cartagena Convention • Cartagena Convention • Cartagena Convention • Cartagena Convention (1983) and its Protocols (1983) and its Protocols (1983) and its Protocols (1983) and its Protocols (1983) and its Protocols concerning SPAW concerning SPAW concerning SPAW concerning SPAW concerning SPAW • Convention on • Convention on • Convention on • Convention on • Convention on International Trade in International Trade in International Trade in International Trade in International Trade in Endangered Species of Endangered Species of Endangered Species of Endangered Species of Endangered Species of Wild Fauna and Flora Wild Fauna and Flora Wild Fauna and Flora Wild Fauna and Flora Wild Fauna and Flora (CITES, 1973) (CITES, 1973) (CITES, 1973) (CITES, 1973) (CITES, 1973) • • Convention on Biological Diversity • Nagoya Protocol 128 FINAL REGIONAL SESA FOR OECS CROP Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines Conventions ▪ Tropical Forestry Action ▪ Tropical Forestry Action ▪ Tropical Forestry Action ▪ Tropical Forestry Action ▪ Tropical Forestry Action & MEAs Plan (1985) Plan (1985) Plan (1985) Plan (1985) Plan (1985) ▪ Port of Spain Accord on ▪ Port of Spain Accord on ▪ Port of Spain Accord on ▪ Port of Spain Accord on ▪ Port of Spain Accord on cont’d Management and Management and Management and Management and Management and Conservation of the Conservation of the Conservation of the Conservation of the Conservation of the Caribbean Environment Caribbean Environment Caribbean Environment Caribbean Environment Caribbean Environment (CARICOM, 1989) (CARICOM, 1989) (CARICOM, 1989) (CARICOM, 1989) (CARICOM, 1989) ▪ OECS/SSDD St. George’s ▪ OECS/SSDD St. George’s ▪ OECS/SSDD St. George’s ▪ OECS/SSDD St. George’s ▪ OECS/SSDD St. George’s Declaration: Principles on Declaration: Principles on Declaration: Principles on Declaration: Principles on Declaration: Principles on Environmental Environmental Environmental Environmental Environmental Sustainability Sustainability Sustainability Sustainability Sustainability ▪ UNFCC (1992, 1997); ▪ UNFCC (1992, 1997); ▪ UNFCC (1992, 1997); ▪ UNFCC (1992, 1997); ▪ UNFCC (1992, 1997); ▪ CCBD (1992) ▪ CCBD (1992) ▪ CCBD (1992) ▪ CCBD (1992) ▪ CCBD (1992) National Ministry of; Agriculture, Forestry Division; NAWASA; Nevis Historical and Ministry of; Agriculture, The National Environmental Agencies & Health, Lands, Water Ministry of Agriculture; Conservation Society (NHCS); Health, Physical Advisory Board (NEAB), Resource management, Valuation/tax office; Lands Ministry of Agriculture, Lands Development; Sustainable Ministry of; Lands and Partners Works, Forestry and Surveys; Development and Survey, Forestry Development, Legal Affair, Surveys, Physical Planning, Control Authority; Ministry of SLNT Health, Environment, Forestry, Works; Ministry of Health; Agriculture; National Parks, Grenada Bureau of Standards Rivers and Beaches Authority, Ministry of Economic Planning and Sustainable development International ▪ OECS/SSDD ▪ OECS/SSDD ▪ OECS/SSDD ▪ OECS/SSDD ▪ OECS/SSDD & Regional ▪ ACS ▪ ACS ▪ ACS ▪ ACS ▪ ACS ▪ CARICOM ▪ CARICOM ▪ CARICOM ▪ CARICOM ▪ CARICOM Partners ▪ CEP/UNEP ▪ CEP/UNEP ▪ CEP/UNEP ▪ CEP/UNEP ▪ CEP/UNEP ▪ GEF ▪ GEF ▪ GEF ▪ GEF ▪ GEF ▪ UNDP AND UNEP ▪ UNDP AND UNEP ▪ UNDP AND UNEP ▪ UNDP AND UNEP ▪ UNDP AND UNEP ▪ DFID ▪ DFID ▪ DFID ▪ DFID ▪ DFID ▪ FAO (UN) ▪ FAO (UN) ▪ FAO (UN) ▪ FAO (UN) ▪ FAO (UN) ▪ USAID ▪ USAID ▪ USAID ▪ USAID ▪ USAID ▪ TNC ▪ FFI ▪ KFW 129 FINAL REGIONAL SESA FOR OECS CROP Table 1b Zone of Influence – Environmental Policy Framework for natural resources Management in OECS Member States Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines Land Tenure Mainly Private; limited crown Mainly Private; limited crown Mainly Private; limited crown Mainly Private; limited crown Mainly Private; limited crown lands lands lands lands lands Land use Evergreen & Semi-deciduous Evergreen & Semi-deciduous Evergreen & Semi-deciduous Evergreen & Semi-deciduous Evergreen & Semi-deciduous Forests; Agriculture; Residential; Forests; Agriculture; Residential; Forests; Agriculture; Residential; Forests; Agriculture; Residential; Forests; Agriculture; Residential; eco- tourism; sustainable eco- tourism; sustainable eco- tourism; sustainable eco- tourism; sustainable eco- tourism; sustainable livelihoods livelihoods livelihoods livelihoods livelihoods; Subsistence Farming Legislation National Parks and Protected Forest, Soil and Water National Conservation and National Agricultural Policy National Parks Act, 2002 (No. 33 Areas Act 16, 1975. Chapter Conservation Act. CAP. 116 Environment Protection Act, 1987 2009-2015; Town and Country of 2002); Town and Country 42:02; Land Management (1949); Forest, Soil and Water (Act No. 5); Development Control Planning Ordinance, 10/1945; Planning Act (1992); Wildlife Authority Act 20, 1973 chapter Conservation (Amendment) and Planning Act, 2000; Nevis Environmental Protection Levy Protection Act, No. 16 of 1987; 58:01; ); Development Levy Act Ordinance No. 34 (1984); Science Development Control and Act 15 of 1999; Land Litter Act, No. 15 of 1991; Waste (Cap. 67:10) 1987; Physical and Technology Council Act Planning Ordinance 2005; Public Conservation and Improvement Management Act, Act No. 31 of Terrestrial Zone of Influence – T2 Planning Act, 2002 (Act No. 5 of CAP. 298 (1982); Land Health Act No. 22 of 1969; Act (No. 10 of 1992). 2000; Environmental Health 1992); Town and Country Development Control Regulations Agricultural Development Act Services Act, No. 14 of 1991; Planning Act (No. 17 of 1975); SRO No. 13 (1988); Physical 1973; Solid Waste Management Plant Protection Act, No. 16 of State Lands Act Act 27 0f 1958 Planning and Development Corporation Act (1996); Public 2005; Plant Protection (Cap. 53:01); Land Acquisition Control Act 25 (2002); Grenada Health Act No. 22 of 1969; Regulations, No. 9 of 1991; Act Chapter 53:02 Act 7 0f 1946; Building Codes and Standards Physical Planning Act 2000; Botanical Garden Act, No. 20 of Solid Waste Management Act (2000); Town and Country 1987; Botanical Gardens Rules, 2002 (No. 1 of 2002); Solid Waste Planning Act CAP. 293 (1958) S.R.O. 9 of 1991 and S.R.O. 24 of Management Corporation Act and Amendments Act 3 (1963), 2005; Environmental Health 1996 (No. 17 of 1996); Solid CAP. 339 (1990); Standards Act Services Act No. 34 of 1996; Waste Management Corporation No. 6 (1989); (Several standards Town and Country Planning (Amendment) Act, 1999 (No. 10 and codes of practice based on Chapter 334- Act 26 of 2008; of 1999); LITTER ACT international codes e.g. ISO 14000 Draft Environmental Management CHAPTER 40:61 Act 4 of 1990; Series); National Heritage Act. 2009; Public Health Act, 1986 (Act Protection Act, No. 18 of 1990; No.15 of 1968); Environmental Public Health Act CAP. 263 Health Services Act (No. 8 of (1925); Public Health Regulations 1997). Sec.15 (1958); Public Health Ordinance CAP. 237 (1925) and Amendments SRO No. 218 (1957); Abatement of Litter Act CAP. 1 (1974); Environmental Levy Act CAP. 5 (1997); Environmental Levy (Amendment) Act CAP. 2 (2000); Solid Waste Management Act CAP. 11 (1995) 130 FINAL REGIONAL SESA FOR OECS CROP Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines Policies, Plans and National Integrated Water National Forest Policy (1999) and The National Physical A National Water Policy of St. GOSVG National Environmental Strategies Resources Management (IWRM) Strategy (2000); Land Policy Development Plan, 2006 (NPDP); Lucia, 2004; National Land Policy and Management Strategy Policy (2011); (draft); NEPs & NEMS; Climate Nevis Integrated Strategic Policy, 2007; National 2004 Change Policy; Biodiversity Development Plan (2001 – 2005); Environment Policy (NEP)- Strategy and Action Plan; Water Agricultural Strategic Plan (2005- National Environmental Resources Policy; National 2009); St. George’s Declaration of Management Strategy (NEMS) Physical Development Plan Principles on Environmental Revised 2014 - Saint Lucia; (Advisory roles and membership Sustainability (2006); Roadmap Towards the preparation on National Heritage Protection NATIONAL ACTION of an Integrated Water Resources Committee) PROGRAMME FOR Management (IWRM) Plan COMBATING (2010); DESERTIFICATION AND LAND DEGRADATION 2007;Integrated Planning and Land Use and Development Control Policy (2001-2005) Conventions & MEAs ▪ Port of Spain Accord on ▪ Port of Spain Accord on ▪ Port of Spain Accord on ▪ Port of Spain Accord on ▪ Port of Spain Accord on Management and Conservation Management and Conservation Management and Conservation Management and Conservation Management and Conservation of the Caribbean Environment of the Caribbean Environment of the Caribbean Environment of the Caribbean Environment of the Caribbean Environment (CARICOM, 1989) (CARICOM, 1989) (CARICOM, 1989) (CARICOM, 1989) (CARICOM, 1989) ▪ OECS/SSDD St. George’s ▪ World Heritage Convention ▪ OECS/SSDD St. George’s ▪ OECS/SSDD St. George’s ▪ OECS/SSDD St. George’s Declaration: Principles on ▪ OECS/SSDD St. George’s Declaration: Principles on Declaration: Principles on Declaration: Principles on Environmental Sustainability Declaration: Principles on Environmental Sustainability Environmental Sustainability Environmental Sustainability ▪ UNFCC (1992, 1997); Environmental Sustainability ▪ UNFCC (1992, 1997); ▪ UNFCC (1992, 1997); ▪ UNFCC (1992, 1997); CCBD (1992) ▪ UNFCC (1992, 1997); CCBD (1992 CCBD (1992) CCBD (1992) CCBD (1992 National Agencies & Ministry of; Agriculture, Health, Forestry Division; NAWASA; Department of Department of Ministry of; Agriculture, Health, The National Environmental Partners Lands, Water Resource Ministry of Agriculture; Physical Planning, National Physical Development Advisory Board (NEAB), management, Works, Forestry Valuation/tax office; Lands and Resources and the Ministry of; Lands and Surveys, Surveys; Development Control Environment (DPPNRE) Physical Planning, Health, Authority; Ministry of Works; -Department Land and Surveys Environment, Forestry, Ministry of Health; Grenada (DOLS) Agriculture; Bureau of Standards -Department of Economic Planning and Public Sector Investment Planning (DEPPSIP); Nevis Historical and Conservation Society (NHCS); Ministry of Agriculture, Lands and Survey, Forestry 131 FINAL REGIONAL SESA FOR OECS CROP Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines International & • OECS/SSDD • OECS/SSDD • OECS/SSDD • OECS/SSDD • OECS/SSDD Regional Partners • ACS • ACS • ACS • ACS • ACS • CARICOM • CARICOM • CARICOM • CARICOM • CARICOM • CEP/UNEP • CEP/UNEP • CEP/UNEP • CEP/UNEP • CEP/UNEP • GEF • GEF • GEF • GEF • GEF • UNDP AND UNEP • UNDP AND UNEP • UNDP AND UNEP • UNDP AND UNEP • UNDP AND UNEP • DFID • DFID • DFID • DFID • DFID • FAO (UN) • FAO (UN) • FAO (UN) • FAO (UN) • FAO (UN) • USAID • USAID • USAID • USAID • USAID 132 FINAL REGIONAL SESA FOR OECS CROP Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines • Land Tenure Private; State Private; Limited state State; development Limited private, state Limited private, state corporations; limited private • Land use Tourisms, Infrastructure, Tourism, infrastructure, Tourisms, Infrastructure, Tourisms, Infrastructure, Tourisms, Infrastructure, Boatyards, Ports, residential boatyards, jetties Boatyards, Ports, residential Boatyards, Ports, residentialBoatyards, Ports, residential, Fisheries Landing Bay, Heritage Site Recreation Park • Legislation Land Management Authority ▪ Land Development Development Control and The Beach Protection Town and Country Planning Act 20, 1973 chapter 58:01; Control Regulations SRO Planning Act, 2000; Nevis Ordinance, 21/1963; Castries Act (1992); Marine Parks Beach Control Act (Cap. No. 13 (1988) Development Control and Water Supply Ordinance Act, No. 9 of 1997; Beach 42:04); Beach Control ▪ Physical Planning and Planning Ordinance 2005; (Chapter 230). 1901; Public Protection Act, No. 10 of (Prohibition) Order (SRO Development Control Act The Beach Control Health (Sewerage and 1981; Draft Environmental Terrestrial Zone of Indirect and direct Impact T1 No. 19 of 1993); 25 (2002) Ordinance Cap. 281, 1961; Drainage) Ordinance. 1953; Protection (Effluent Development Levy Act ▪ Grenada Building Codes Physical Planning Act 2000; Litter Act (No. 24 of 1983); Limitation) Regulations. (Cap. 67:10) 1987; Tourism and Standards (2000) Environmental Protection 2009; Draft Environmental Regulation and Standards ▪ Town and Country Levy Act 15 of 1999; Management (Pollution) Act (No. 19 of 2005); State Planning Act CAP. 293 Establishment of the Greater Regulations. 2009. Pollution Lands Act Act 27 0f 1958 (1958) and Amendments St. Lucia Wetlands Park and Regulations; Environmental (Cap. 53:01); Land Act 3 (1963), CAP. 339 Authority (Notice No. R. Health Services Act No. 34 Acquisition Act Chapter (1990) 4477 of 2000); Land of 1996; Town and Country 53:02 Act 7 0f 1946; Water ▪ Beach Protection Act, No. Conservation and Planning (Zoned Area and Sewerage Act (Cap. 67 of 1979 Improvement Act (No. 10 of Declaration) (Beaches 43:40); Sewerage ▪ National Parks and 1992); Physical Planning Order). SRO 16 of 1994; Regulations (S.R.O. No. 61 Protected Areas, No. 52 And Development Act Town and Country Planning of 1997). of 1991, No. 42 of Chapter 5.21 (2005); Chapter 334- Act 26 of 1990. 2008; Draft Environmental Management Act. 2009; National Parks Act 2002 and 2010. • Policies, Plans and National Integrated Water Biodiversity Strategy & The National Physical Coastal Zone Management GOSVG National Strategies Resources Management Action Plan 2000; Grenada Development Plan, 2006 in Saint Lucia: Policy, Environmental Policy and (IWRM) Policy (2011); Protected Area System Plan (NPDP); Nevis Integrated Guidelines and Selected Management Strategy 2004; Part 1 2009. Strategic Development Plan Projects 2004; Coastal Zone (2001 – 2005); The Medium Management Legislation and SVG Park and Protected Term Economic Strategy Strategic Action Plan 2008; Area System Plan 2010 Paper (2003–2005); St. National Environment George’s Declaration of Policy (NEP)- National Principles on Environmental Environmental Management Sustainability (2006); Strategy (NEMS) Revised National Action Programme 2014 - Saint Lucia; The for Combating Saint Lucia Climate Change Desertification and Land Adaptation Policy, 2013 Degradation 2007; Integrated Planning and 133 FINAL REGIONAL SESA FOR OECS CROP Land Use and Development Control Policy (2001-2005) • Conventions & MEAs • Convention on Wetlands • Convention on Wetlands • Convention on Wetlands • Convention on Wetlands • Convention on Wetlands of International of International of International of International of International Importance (RAMSAR, Importance (RAMSAR, Importance (RAMSAR, Importance (RAMSAR, Importance (RAMSAR, 1971) 1971) 1971) 1971) 1971) • Convention on the • Convention on the • Convention on the • Convention on the • Convention on the Protection of Migratory Protection of Migratory Protection of Migratory Protection of Migratory Protection of Migratory Species of Wild Animals Species of Wild Animals Species of Wild Animals Species of Wild Animals Species of Wild Animals (1972) (1972) (1972) (1972) (1972) • National Agencies & Ministry of; Agriculture, Grenada Port Authority, -Department of Department Ministry of; Physical The National Environmental Partners Health, Lands, Water Valuation/tax office; Lands of Physical Planning, Development, Tourism, Port Advisory Board (NEAB), Resource management, and Surveys; Development National Resources and the services and Infrastructure, Ministry of; Lands and Works, Tourism, Fisheries Control Authority; Ministry Environment (DPPNRE) Fisheries Surveys, Physical Planning, of Works; Ministry of -Department Land and Environment, Fisheries Health; Grenada Bureau of Surveys (DOLS) - National trust Standards -Department of Economic - SUSGREN Planning and Public Sector - National Parks, Rivers Investment Planning and Beaches Authority (DEPPSIP); - SVG Hotel and Tourism Association • International & • OECS/SSDD ▪ OECS/SSDD ▪ OECS/SSDD ▪ OECS/SSDD ▪ OECS/SSDD Regional Partners • CEP/UNEP ▪ CEP/UNEP ▪ CEP/UNEP ▪ CEP/UNEP ▪ CEP/UNEP • CFRAM ▪ CFRAM ▪ CFRAM ▪ CFRAM ▪ CFRAM • GEF ▪ GEF ▪ GEF ▪ GEF ▪ GEF • UNDP AND UNEP ▪ UNDP AND UNEP ▪ UNDP AND UNEP ▪ UNDP AND UNEP ▪ UNDP AND UNEP • DFID ▪ DFID ▪ DFID ▪ DFID ▪ DFID ▪ FAO (UN) ▪ FAO (UN) ▪ FAO (UN) ▪ FAO (UN) • FAO (UN) ▪ CARICOM ▪ CARICOM ▪ CARICOM ▪ CARICOM • CARICOM 134 FINAL REGIONAL SESA FOR OECS CROP Table.1d Sea Zone of Indirect and Direct Impact – Environmental Policy Framework for natural resources Management in OECS Member States Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines Land Tenure Permits and user rights; Permits and user rights; Permits and user rights; leases Permits and user rights; leases Permits and user rights; leases leases leases Land use Marinas, jetties, Marinas, jetties, fisheries, Marinas, jetties, fisheries, Marinas, jetties, fisheries, Harbors Marinas, jetties, fisheries, fisheries, Harbors Harbors Harbors Harbors Sea zone S1 – Zone of Indirect and Direct Impact Legislation National Parks and Oil Pollution Damage Marine Pollution Management The Shipping Act No. 10 of 1994 The Maritime Areas Act (1983) Protected Areas Act 16, Compensation Fund Act, 2002; The Fisheries Act (Section 237 - Foreign ships in Saint – Act No. 15 of 1993; The 1975. Chapter 42:02; (International No. 4, 1984; Lucian waters); The Saint Lucia Air Fisheries Act (1986) and Dominica Air and Sea Convention) Act, No. 6 of and Sea Ports Authority Act No. 10 Regulation (1987); Fisheries Ports Authority Act, 1998; Fisheries (Fishing of 1987; The Saint Lucia Air and Regulations: Statutory Rules 2006 (No. 8 of 2006); vessels safety) Sea Ports Authority (Seaports) and Orders 1 of 1987; Marine National Parks Regulations, No. 3 of Regulation No. 92 of 1985; Parks Act, No. 9 of 1997; Regulations (S.R.O. 1990; Fisheries Act, No. Fisheries Act 10 of 1984 Dumping at Sea Act, 2002; No. 54 of 2003); Beach 25 of 1989; Fisheries Management of Ship Generated Control Act (Cap. Regulations, No. 9 of Solid Waste Act, No. 16 of 42:04); Beach Control 1987, Fisheries 2002; Draft Environmental (Prohibition) Order (Amendment); National Protection (Effluent Limitation) (SRO No. 19 of 1993); Parks and Protected Areas, Regulations. 2009; Draft Registration of Ships No. 52 of 1991, No. 42 of Environmental Management Act (Cap. 48:01); 1990. (Pollution) Regulations. 2009. Registration of Ships Pollution Regulations; (Amendment) Act (No. National Parks Act 2002 and 16 of 1996); amended Act 2010. Policies, Plans OECS Fisheries Fisheries Policy; OECS OECS Fisheries Management Coastal Zone Management in Saint OECS Fisheries Management and Strategies Management and Fisheries Management and and Development Strategy; Lucia: Policy, Guidelines and and Development Strategy; Development Strategy; Development Strategy; Marine Zoning Policy for St Selected Projects 2004; Coastal OECS Regional Ocean Policy; OECS Regional Ocean OECS Regional Ocean Kitts and Nevis; OECS Zone Management Legislation and SVG National Social, Economic Policy Policy Regional Ocean Policy Strategic Action Plan; OECS Developments Plan 2013-2025. Fisheries Management and Development Strategy OECS Regional Ocean Policy 135 FINAL REGIONAL SESA FOR OECS CROP Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines Conventions United Nations United Nations United Nations Convention on United Nations Convention on the United Nations Convention on & MEAs Convention on the Law Convention on the Law of the Law of the Sea; Law of the Sea; the Law of the Sea; of the Sea; the Sea; Cartagena Convention; Cartagena Convention; Cartagena Convention; Cartagena Convention; Cartagena Convention; International Convention for the International Convention for the International Convention for the Prevention of Pollution from Prevention of Pollution from Ships Prevention of Pollution from International Ships (MARPOL Convention) (MARPOL Convention); Ships (MARPOL Convention); Convention for the London Convention on the London Convention on the Prevention of Pollution Prevention of Marine Pollution by Prevention of Marine Pollution from Ships (MARPOL Dumping of Wastes and Other by Dumping of Wastes and Convention); Matter Other Matter London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter National Port Authority; Port Authority; Fisheries Port Authority; Fisheries Port Authority; Fisheries Division; Port Authority; Fisheries Agencies & Fisheries Division; Division; MPA; Coast Division; MPA; Coast Guard; MPA; Coast Guard; Legal Affairs; Division; MPA; Coast Guard; MPA; Coast Guard; Guard; Legal Affairs; Legal Affairs; Fishermen Fishermen cooperatives and Legal Affairs; Fishermen Partners Legal Affairs; Marine and Yachting cooperatives and associations; associations; dive associations cooperatives and associations; Fishermen cooperatives Association; Fishermen dive associations dive associations and associations; dive Cooperatives associations International OECS; UWI; IMO, OECS, UN, IMO, TNC OECS, UN, IMO, WB, TNC OECS, UN, IMO, TNC OECS, UN, IMO, TNC & Regional TNC CRFM, UWI, CERMES Partners 136 FINAL REGIONAL SESA FOR OECS CROP Table VII - Sea Zone Territorial Boundary – Policy Framework for Integrated Coastal Zone Management in OECS Member States Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines • Land Tenure State State State State State • Land use Shipping, Trading, Shipping, Trading, fisheries Shipping, Trading, Fisheries Trading, Shipping Trading, Shipping Fishereies • Legislation Dominica Air and Sea Ports Oil Pollution Damage ▪ Territorial Sea and The Saint Lucia Air and Sea The Maritime Areas Act Authority Act, 2006 (No. 8 Compensation Fund Maritime Boundaries Act Ports Authority Act No. 10 (1983) – Act No. 15 of 1993; of 2006); Registration of (International Convention) CAP. 318 of 1987; The Saint Lucia Air The Fisheries Act (1986) and Ships Act (Cap. 48:01); Act, No. 6 of 1998; Civil ▪ Oil in Navigable Waters and Sea Ports Authority Regulation (1987); The High Registration of Ships Liability for Oil Pollution Act CAP. 218 (1928) (Seaports) Regulation No. Seas Fishing Act of 2001; (Amendment) Act (No. 16 of Damage (International ▪ LDCA Act (1968) and 92 of 1985; Dumping at Sea Act, 2002; 1996) Convention) Amendments (1983) Aboriginal Subsistence Territorial Sea, Contiguous Act, No. 7 of 1998; Fisheries Whaling Regulations, 2003 Zone, Exclusive Economic (Fishing vessels safety) Sea S2 – Territorial Boundary and Fishery Zones Act 26 of Regulations, No. 3 of 1990; 1981 (Cap. 1:11); Fisheries Act, No. 25 of International Maritime Act, 1989; Fisheries Regulations, 2000 (No. 9 of 2000); No. 9 of 1987, Fisheries (Amendment). Grenada Territorial Seas and Maritime Boundaries Act, 1989, Act Number 25 of July 13, 1989 • Policies, Plans and Agreement on Maritime OECS Fisheries National Maritime Policy OECS Fisheries OECS Fisheries Strategies Delimitation between the Management and and Action plan 2015 Management and Management and Government of French Development Strategy; OECS Fisheries Development Strategy; Development Strategy; Republic and the OECS Regional Ocean Management and OECS Regional Ocean OECS Regional Ocean Government of Dominica. Policy Development Strategy; Policy; Castries Declaration Policy 1987; Agreement on OECS Regional Ocean on IUU Fishing fisheries between the Policy European Economic Community and the Government of the Commonwealth of Dominica. 1993; Fisheries Policy for Dominica, 2012- 2037 137 FINAL REGIONAL SESA FOR OECS CROP Coastal Zone Dominica Grenada St. Kitts and Nevis Saint Lucia St. Vincent & the Grenadines • Conventions & MEAs United Nations Convention United Nations Convention United Nations Convention United Nations Convention United Nations Convention on the Law of the Sea; on the Law of the Sea; on the Law of the Sea, 1982; on the Law of the Sea; on the Law of the Sea; Cartagena Convention; Cartagena Convention; Convention on the Cartagena Convention; Cartagena Convention; Protection and Development International Convention for International Convention for International Convention for of the Marine Environment the Prevention of Pollution the Prevention of Pollution the Prevention of Pollution in the Wider Caribbean, from Ships (MARPOL from Ships (MARPOL from Ships (MARPOL 1983 (Cartagena Convention); Convention); Convention); Convention); Protocol London Convention on the London Convention on the London Convention on the Concerning Cooperation in Prevention of Marine Prevention of Marine Prevention of Marine Combating Oil Spills in the Pollution by Dumping of Pollution by Dumping of Pollution by Dumping of Wider Caribbean, 1983; Wastes and Other Matter Wastes and Other Matter Wastes and Other Matter International Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, 1972, (London Convention); International Convention for the Control and Management of Ship Ballast Water and Sediment, 2004 (BWM, 2004); • National Agencies & Ports Authority; Legal Port Authority; Legal Affairs SLSPAA Port Authority Port Authority Partners Affairs • International & Regional OECS, UN IMO OECS, UN, CEP, IMO, OECS, UN IMO OECS, UN IMO UNCLOS Partners ACS, MARPOL 138 FINAL REGIONAL SESA FOR OECS CROP ANNEX II – FRAMEWORK FOR INVOLUNTARY SETTLEMENT A2.1 Objectives for Involuntary Resettlement Framework As noted in the assessment of critical impacts and risks for the Grenada Blue Growth Future Scenario, it is likely that households and businesses will need to be resettled to facilitate re-development of the coastal areas. This will trigger the World Bank’s (WB) Involuntary Resettlement Policy (OP 4.12). The policy objectives of OP 4.12 are to assist affected persons in their efforts to improve their standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. The policy specifically covers direct economic and social impacts that result from WB assisted investment projects that are caused by: - (a) The involuntary taking of land resulting in:- 1. Relocation or loss of shelter 2. Loss of assets or access to assets 3. Loss of income sources or means of livelihood, whether the affected person must move to another location (b) The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. A2.2 Existing Legislation and Policy There is not a comprehensive written policy on standard procedures for resettling and compensating persons who are affected by development projects such as marine villages and resorts. However, OECS Governments have had to resettle and compensate persons affected by public development projects in the past. There is no legal basis for resettlement of communities to facilitate private sector investment projects such as those proposed in the Grenada Blue Growth Master Plan. Legal guidance for the acquisition of lands is provided in the Land Acquisition Act No. 159 in the Revised Laws of Grenada, 1990. 139 FINAL REGIONAL SESA FOR OECS CROP This Act has similar provisions to that for land acquisition legislation in other OECS Territories which allows the Government to exercise its rights of compulsory purchase of property where negotiations with private land owners prove futile. Compensation for lands is guided by negotiations between the private party and the government. A "Crop Compensation Schedule" is available for compensation of crops cleared from an area which will be used to facilitate a development project. A2.3 Recommended Procedure for Involuntary Resettlement There are no case studies of incidences where households were relocated to facilitate coastal master plans. Based on information gathered from interviews with Government Ministries and literature review, the following is recommended: 1) The consultant during finalization of project and detailed design work must identify households to be relocated; 2) owners of households must be approached by representatives from the Government (Ministry of Works in this case) for discussions on the proposal for relocation. Both owners and the government will identify locations where the households will be resettled. Where there are disagreements a compromise must be reached between both parties on the cost for relocation and sites where households will be resettled; 3) Householders must be restored to similar or better conditions to that which they previously enjoyed. A2.4 Recommended Procedure for Compensation There are two levels at which compensation will be necessary: A2.4.1 Compensation for Land The first is compensation for lands which must be acquired for a) road widening; b) to obtain aggregates and stones for road work; and c) to set up construction site and storage sheds. It is the responsibility of the consultant and contractors to identify lands which will be needed during road improvement and rehabilitation. The Chief Technical Officer (CTO) in the Ministry of Works, Physical Planning Unit, Lands Division or Ministry of Agriculture will review the recommendations. Land ownership must be legally vetted and private owners contacted for purchase or lease of property. If owners are not cooperative, compulsory purchase of the land can take place under provisions set forth 140 FINAL REGIONAL SESA FOR OECS CROP in the Land Acquisition Act. In such case this action for compulsory purchase of land must be gazetted. Negotiations between land owners and the government will result in the determination of a price for the property. There are no set standards on the price of lands in OECS States. Real Estate Prices are determined by market forces and land owners have the right and freedom to set land prices during a sale. However, the Ministry of Agriculture, Valuations and Lands Departments typically have guidelines on the price of agricultural and state- owned (crown) lands. A2.4.2 Compensation for Crops The second level at which compensation takes place is for crops which must be cleared to facilitate road works or similar types of infrastructural development. After identifying areas to be cleared, the consultant must provide this information to the Extension Office of the Ministry of Agriculture. An Extension Officer will accompany the consultant and the landowner to examine the plot which must be cleared. The Officer will examine the plot, not the type and number of trees, their age, fruit bearing potential and health condition. A listing of plants and their associated costs will be developed by the Extension Officer. The Contractor is then responsible to pay the land owner the amount determined to be the fair value after the field survey. Reimbursement is provided to the Contractor after presentation of invoices and bills to the Government. A2.5 Guidelines for Involuntary Resettlement Plan The plan should provide details on the following: 1. Details of events leading to activation of OP 4.12 2. Census survey of project affected people (PAP); 3. Inventory of adverse impacts on PAP’s assets; 4. Description of compensation packages offered to PAP and option selected by PAP; 5. Consultations with PAP about acceptable compensation alternatives; 6. Institutional responsibilities for implementation of Resettlement Action Plan (RAP); and timetable for implementing RAP; 7. Arrangements and timetable for monitoring and implementation of RAP; 141 FINAL REGIONAL SESA FOR OECS CROP 8. Procedures for grievance redress; 9. Source of funding and estimated cost for implementation of RAP. A2. 6 Grenada Land Acquisition Act No. 159, 1990 Arrangement of Sections Section 1 Short title 2. Interpretation ACQUISITION OF LAND AND ABANDONMENT OF ACQUISITION 3. Acquisition of land 4. Preliminary notification and power to enter land 5. Power to apply land to purposes of acquisition without waiting for formal vesting 6. Authorized officer to treat with landowner 7. Boundaries of land and issue of notice of acquisition 8. Authorized officer to treat with landowner 9. Claim of person interested to have land acquired or abandoned 10. Abandonment of acquisition APPOINTMENT AND POWER OF BOARD OF ASSESSMENT 11. Determination of questions by Board of Assessment 12. Appointment of Board of Assessment 13. Documents, etc., to be forwarded to the Board 14. Inquiry by Board 15. Procedure at inquiry 16. Power of entry for purpose of inquiry 17. Award of Board DETERMINATION OF SMALL CLAIMS FOR COMPENSATION 18. Procedure where claim for compensation does not exceed certain amounts Section PROVISIONS GOVERNING ASSESSMENT OF COMPENSATION 19. Rules for assessment of compensation 20. Special rule as to severance 21. Interest 22. Rules as to costs 142 FINAL REGIONAL SESA FOR OECS CROP MISCELLANEOUS 23. Absentee owners 24. Compensation to persons interested in adjacent land 25. Special provisions as to leases 26. Persons in possession to be deemed owners 27. Fees and expenses of Board 28. Conveyancing, etc., costs to be paid by authorized officer 29. Payment of compensation, etc. 30. Exemption from stamp duty and fees 31. Limitation of time for making claims 32. Assaulting or obstructing authorized officer, etc. CHAPTER 159 AN ACT to authorize the acquisition of land for public purposes [6th October, 1945] 1. This Act may be cited as the LAND ACQUISITION ACT. 2. (1) In this Act- "authorized officer" means any person who may from time to time be appointed as such by Governor General for the purposes of this Act; "person interested" means every person claiming, or entitled to claim, compensation under this Act: (2) In this Act, every function to be performed by the Governor-General (whether or not expressly or by implication its due performance by him requires an exercise of discretion or judgement or the formation of an opinion) shall be deemed to require for its due performance that he shall act in accordance with the advice of the Cabinet except where otherwise provided. ACQUISITION OF LAND AND ABANDONMENT OF ACQUISITION 3. (1) If the Governor-General considers that any land should be acquired for a public purpose he may cause a declaration to that effect to be made in the manner provided by this section and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose. 143 FINAL REGIONAL SESA FOR OECS CROP (2) Every declaration shall be published in two ordinary issues of the Gazette and copies thereof shall be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situate, and in the declaration shall be specified the following particulars relating to the land which is to be acquired - (a) the parish or district in which the land is situate; (b) a description of the land, giving the approximate area and such other particulars as are necessary to identify the land; (c) in case where a plan has been prepared, the place where, and the time when, a plan of the land can be inspected; (d) the public purpose for which the land is required. (3) Upon the second publication of the declaration in the Gazette as aforesaid the land shall vest absolutely in the Crown. (4) Nothing in this section shall be deemed to prevent the acquisition of lands for public purposes by private treaty. 4. If it appears to the Governor-General that any land is likely to be required for any purpose which in the opinion of the Governor-General a public purpose and it is necessary to make a preliminary survey or other investigation of the land, he may cause a notification to that effect to be published in the Gazette and thereupon it shall be lawful for the authorized officer (and his agents, assistants and workmen) to do all or any of the following things, that is to say- (a) to enter upon and survey and take levels of any land in any locality to which the notification relates; (b) to dig or bore into the sub-soil of such land; (c) to do all other acts necessary to ascertain whether the land is adapted to such purpose; (d) to set out the boundaries of the land intended to be taken, and the intended line of the work, if any, proposed to be done thereon; (e) to mark levels and lines by placing marks and cutting trenches; (f) where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work set out, to cut down and clear away any standing crop, fence, tree or bush; 144 FINAL REGIONAL SESA FOR OECS CROP (g) to do all such other acts as may be incidental to, or necessary for, any of the purposes aforesaid: Provided that the authorized officer shall not enter into any building, or into or upon any enclosed , court, or garden attached to a dwelling-house, except at all reasonablehours and, except with the consent of the occupier thereof, without previously giving to such occupier at least seven days notice in writing of his intention to do so: Provided further that compensation shall be paid to the persons interested in the land so entered for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by his section and shall be assessed and paid- (i) in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or under section 10, as though it were compensation payable under this Act for the acquisition of the land; (ii) in so far as it related to land the compulsory acquisition of which is subsequently complete under section 3, as though it were part of the compensation for the acquisition of the land. 5. If, at any time after the publication of a notification in accordance with the provisions of section 4, it appears to the Governor-General that the land or some parcel of the land to which it refers should be acquired but that for any reason it not possible to make an immediate declaration to that effect, it shall be lawful for the Governor-General to direct the authorized officer to do any work on the land is intended to be put on it acquisition, and thereupon the authorized officer may proceed with the execution of the work: Provided that compensation shall be paid to the persons interested for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section and shall be determined in the same way as compensation for actual damage or injury resulting from the exercise of the powers conferred by section 4. 6. (1) As soon as a declaration has been published in accordance with the provisions of section 3, the authorized officer shall, without delay, enter into negotiations (or further negotiations) for the purchase of the land to which the declaration relates upon reasonable terms and conditions, and by voluntary agreement with the owner of the land. (2) It shall not be necessary for the authorized officer to await the publication of the declaration before the endeavours to ascertain from the owner the terms and conditions on which he is willing to sell the land, but no negotiations or agreement shall be deemed 145 FINAL REGIONAL SESA FOR OECS CROP to be concluded unless and until the conditions of sale and acquisition have been approved in writing by the Governor-General. 7. (1) As soon as may be after land has been acquired compulsorily, the authorized officer shall, if the boundaries of the land have not been set out or if they cannot be identified by reference to a plan, cause the same to be set out, and he shall also issue a notice of acquisition in accordance with the provisions of this section. (2) Every notice of acquisition under this section shall- (a) state the decision of the Governor-General to acquire and take possession of the land compulsorily; (b) contain the particulars which, in relation to the land, were included in the declaration provided for by subsection (2) of section 3; and (c) require all persons interested, as soon as is reasonably practicable, either - (i) to appear personally or by attorney or agent before the authorized officer to state the nature of their respective interests in the land and the amounts and full particulars of their claims to compensation in respect of those interests, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated; or (ii) to render to the authorized officer a statement in writing, signed by them or by their attorneys or agents, setting for the like matters. (3) The authorized officer shall cause a copy of the notice of acquisition to be served either personally on, or by post addressed to the land known place of abode or business of, every person who is known or believed by the authorized officer to be entitled to compensation in respect of the acquisition, and whose whereabouts are known to the authorized officer: Provided that where the whereabouts of any such person are not known, the authorized officer shall cause copies of such notice to be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situated. (4) A person who, without lawful authority or excuse, removes or destroys any landmark placed, or removes or defaces or destroys any notice posted or exhibited, by the authorized officer in or upon the land or any building thereon in accordance with the provisions of this Act, shall be guilty of an offence and liable, on summary conviction, to a fine of one thousand dollars and to imprisonment for three months. 146 FINAL REGIONAL SESA FOR OECS CROP 8. (1) The authorized officer may, by notice served personally, or by post addressed to the last known place of abode or business of the person concerned, require the owner or occupier of, or any person interested in, any land, or in any part thereof, in respect of which a declaration or a notification has been published in the Gazette under section 3 or section 4 respectively, to deliver to him within a time to be specified in the notice, a statement in writing containing, so far as may be within his own knowledge, the name of every person possessing any interest in the land, or any part thereof, whether as partner, mortgagee, lessee, tenant or otherwise, and the nature of such interest. (2) Every person who is required to make and deliver a statement under this section and who, without reasonable excuse, refuses to make or deliver such statement, or wilfully makes any such statement which is false or incomplete in any material particular, shall be guilty of an offence and liable, on summary conviction, to a fine of one thousand dollars and to imprisonment for three months. 9. If within three months after entry has been made on any land under the provisions of section 4 such land shall not be acquired or abandoned, any person interested in the land or any part thereof may serve a notice on the authorized officer requiring that the acquisition of the land or part thereof be completed or abandoned, and, if within one month thereafter, the acquisition of such land or part thereof be not completed or abandoned in accordance with the provisions of this Act, the acquisition of the land or part thereof shall be deemed to have bee abandoned. 10. (1) At any time before land has been acquired compulsorily the Governor-General may, by notification published in the Gazette, declare that the intended acquisition of such land is abandoned. (2) When the acquisition of land is abandoned in accordance with the provisions of this section, or in deemed to have been of this Act shall, in default of agreement, be assessed as though it was compensation payable under this Act for the acquisition of land. (3) No compensation shall be payable in any such case for loss of bargain or for damages for breach of contract. APPOINTMENT AND POWERS OF BOARD OF ASSESSMENT 11. (1) All questions and claims relating to the payment of compensation under this Act and to the appointment of such compensation shall, save as is hereinafter provided, by submitted to a Board of Assessment to be appointed in each case in accordance with the provisions of section 12. (2) A Board of Assessment shall have full power to assess, award and apportion compensation in such cases, in accordance with the provisions of this Act. 147 FINAL REGIONAL SESA FOR OECS CROP 12. (1) As soon as it becomes necessary to do so the Governor-General shall cause a Board of Assessment (hereinafter referred to as "a Board" or "the Board") to be appointed. (2) A Board for the purpose of this Act shall in every case consist of- (a) a Judge of the High Court who shall be the chairman of the Board (hereinafter referred to as "the chairman"); (b) a member to be appointed by the Governor-General; and (c) a member to be nominated by the owner of the land to be acquired: Provided that where in any case the Governor-General is satisfied that the owner of the land has refused to exercise his right to nominate a member of the Board, or has unreasonably delayed such nomination, or where the persons interested in the land have failed to agree upon such nomination, the Governor-General, by order in writing, may direct the chairman to proceed with the inquiry notwithstanding that there has been no such nomination by the owner, and in every such case the Board shall be deemed to be lawfully constituted without the presence of such member, and, if there is any difference of opinion as to the amount of compensation that should be awarded, the decision of the chairman shall be deemed to be the decision of the Board. 13. (1) Upon the appointment of a Board, or where proceedings are taken before a magistrate for the determination of any question relating to the payment of compensation, the authorized officer shall forward to the chairman, or to the magistrate, as the case may be, those of the following documents and particulars which relate to the acquisition or the intended acquisition of the land, as the case may be- (a) a copy of any notification and declaration which has been published in the Gazette; (b) a copy of the notice of acquisition; (c) a copy of any notice issued or received by him; (d) a copy of all statements received by him in compliance with any notice issued by him; (e) the names and addresses of the persons whom the authorized officer has reason to believe are interested in the land; and (f) a copy of the report required by this section. (2) The report to be sent to the Board shall state the opinion of the authorized officer, and his reasons for such opinion, upon each of the following matters- (a) what is a fair and proper description of the land acquired, including particulars of any building, tree or standing crops thereon; 148 FINAL REGIONAL SESA FOR OECS CROP (b) the approximate acreage of the land; (c) the value of the land, for the purposes of compensation under this Act; (d) the amount of provisional compensation which should be paid for the land, including any damage payable in respect of entry into possession;(e) the apportionment of the provisional compensation among the persons interested in the land, in respect of their interests. (3) The authorized officer, in assessing the amount of any compensation for the purpose of a report under this section, shall have regard to the rules prescribed by this Act which may or may not be taken into consideration in assessing compensation. 14. Where a Board has been appointed under this Act, the Board shall hold an inquiry at a place, date and time to be fixed by the chairman, of which not less than fourteen clear days' notice shall be given to the parties concerned, and every such inquiry shall be conducted in public. 15. The procedure at an inquiry before a Board, the summoning and remuneration of witness for attendance thereat, and all questions incidental to the inquiry shall be governed by the provisions of the Civil Procedure Act, and the procedure of the High Court in civil proceedings, so far as the same are applicable, shall apply to such inquiry: 16. The Board, or any person authorized by them, may at any time before, during or after an inquiry under this Act, enter upon and inspect any land for any purpose connected with such inquiry. 17. (1) At the conclusion of the inquiry the Board shall decide upon the claims for compensation and apportionments submitted to them and shall make an award under the hand of the chairman who shall cause the same to be filed in the High Court. (2) The decision of the majority of the members of the Board with respect to the compensation to be paid shall be deemed to be the decision of the Board and, if all the members of the Board differ, the mean between the amount decided upon by the chairman and that one of the amounts decided upon by the two other members of the Board which approximates most nearly to the amount decided upon by the chairman shall be deemed to be the compensation awarded by the Board. (3) An appeal shall lie against a decision of the Board to the Court of Appeal. DETERMINATION OF SMALL CLAIMS FOR COMPENSATION 18. (1) Anything in any Act to the contrary notwithstanding, in any case in which the compensation claimed does not exceed two hundred and fifty dollars, and in any case in 149 FINAL REGIONAL SESA FOR OECS CROP which the compensation claimed does not exceed five hundred dollars and, in the latter case, the parties agree in writing to the settlement of the claim by a magistrate, the amount of the compensation to be paid in any such case shall be determined by a magistrate. (2) It shall be lawful for any magistrate, upon the application of either party with respect to any question of disputed compensation in either of the cases mentioned in the proceeding subsection, to summon the other party to appear before him at a time and place be named in such summons and to hear and determine such question of disputed compensation. (3) For the purposes of any proceeding under this section- (a) the procedure to be followed thereat, the summonding and remuneration of witnesses and all questions incidental to such proceeding shall be governed by any Act for the time being in force relating to the recovery of claims before a magistrate and all the provisions of any such Act shall apply mutatis mutandis to any such proceeding; and (b) the provisions of sections 103 to 121 of the Civil Procedure Act shall apply with such verbal alteration (not affecting the substance)as may be necessary to make the same applicable. (4) An appeal shall lie against the determination by a magistrate of any question of disputed compensation under this section in like manner as if such determination was given in the exercise of the summary jurisdiction of a magistrate in a civil matter under the provisions of the Magistrates Judgements (Appeals) Act, and for the purposes of such appeal the determination of the magistrate under this section shall be deemed to be a judgement of the magistrate within the meaning of section 2 of the same Act. PROVISIONS GOVERNING ASSESSMENT OF COMPENSATION 19. Subject to the provisions of this Act, the following rules shall apply to the assessment and award of compensation by a Board for the compulsory acquisition of land- (a) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land, if sold in the open market by a willing seller, might have been expected to have realized at a date twelve months prior to the date of the second publication in the Gazette of the declaration under section 3: Provided that this rule shall not affect the assessment of compensation for any damage sustained by the person interested by reason of severance, or by reason of the acquisition injuriously affecting his other property or his earnings, or for disturbance, or any other property or his earnings or for disturbance, or any other matter not directly based on the value of the land; 150 FINAL REGIONAL SESA FOR OECS CROP (b) the special suitability or adaptability of the land for any purpose to which the land could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchase or the requirements of any Ministry or Government department; (c) where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises or to public health, the amount of that increase shall not be taken into account; (d) where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Board is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement; (e) no allowance shall be made on account of- (i) the acquisition being compulsory or the degree or urgency or necessity which has led to the acquisition; (ii) any disinclination of the person interested to part with the land acquired; (iii) any damage sustained by the person interested which, if caused by a private person, would not render such person liable to an action; (iv) any damage, not being in the nature of deprivation of or interference with a easement or legal right, which, after the time of awarding compensation, is likely to be caused by or in consequence of the use to which the land acquired will be put; (v) any increase in the value of the land acquired likely to accrue from the use to which the land acquired will be put; (vi) any outlay or improvement of such land which shall have been made, commenced or effected within twelve months before the publication of the declaration under section 3 with the intention of enhancing the compensation to be awarded therefor in the event of such land being acquired for public purposes. 20. As to severance, compensation may be assessed on the footing that any specified works, crossings, or access agreed to shall be erected, provided, and allowed, and any such agreement shall be reduced into writing and be signed by the chairman and shall be valid and effectual and binding on the parties. 21. The Board, in awarding compensation, may add thereto interest at the rate of five per cent per annum, calculated from the date upon which the authorized officer entered into 151 FINAL REGIONAL SESA FOR OECS CROP possession of the land acquired until the date of the payment of the compensation awarded by the Board. 22. (1) The authorized officer shall pay to the claimant the reasonable costs incurred by him in or about the preparation and submission of his claim, unless the chairman considers that the claimant has failed to put forward a proper claim within a reasonable time after the service of the notice under section 7 or that the claim put forward is grossly excessive or that he has been a party to some deceit or fraud in respect of his claim. (2) Subject to the provisions of subsection (1), where as unconditional offer in writing of any amount as compensation has been made to any claimant by or on behalf of the authorized officer and the sum awarded as compensation does not exceed the amount offered, the chairman shall, unless for special reasons he thinks it proper not to do so, order the claimant to bear his own costs and to pay the costs of the authorized officer so far as the costs of the authorized officer were incurred after the offer was made, and, where the claimant has failed to put forward a proper claim in sufficient time to enable the authorized officer to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer has been made by or on behalf of the authorized officer at the time when, in the opinion of the chairman, a proper claim should have been put forward and the claimant had been awarded a sum not exceeding the amount of such offer. (3) Subject to the provisions of subsection (1), where a claimant has made an unconditional offer in writing to accept in sufficient time to enable the authorized officer to make a proper offer, and the sum awarded in equal to or exceeds that amount, the chairman shall, unless for special reasons he thinks it proper not to do so, order the authorized officer to bear his own costs and to pay the costs of the claimant so far as the cost of the claimant were incurred after the offer was made. (4) Subject to the provisions of the preceding subsections of this section, the costs shall be in the discretion of the chairman who may direct to any by whom and in what manner those costs or any part thereof shall be paid, and he may in any case direct such costs to be taxed by the Registrar of the Supreme Court. (5) The mode of enforcing an order as to costs shall be in the manner prescribed by the practice of the High Court. (6) Where the chairman orders the claimant to pay the costs or any part of the costs of the authorized officer, the authorized officer may deduct the amount so payable by the claimant from the amount of any compensation which may be payable to him. 152 FINAL REGIONAL SESA FOR OECS CROP MISCELLANEOUS 23. (1) Where there is no person competent to alienate land or to receive or to give a sufficient discharge for any compensation awarded, or where any person interested in land, by reason of his absence from Grenada and of his not being represented therein by a duly authorized attorney, does not submit a statement to or appear before the authorized officer as required by section 7 and where such a person, after diligent injury, cannot be found, the authorized officer may pay the compensation into the High Court to the credit of the person entitled thereto. (2) Any compensation paid into the High Court by virtue of this section may, on the subsequent application of a person claiming to be entitled thereto, be paid out to such person on the order of a Judge of the Court. (3) All moneys paid into the High Court under the provisions of this section which remain unclaimed for twelve years after such payment shall be transferred to the Consolidated Fund, and all claims thereto shall be forever barred. 24. A person interested in any land which, without any portion thereof being compulsorily acquired, has been injuriously affected by the erection or construction on land compulsorily acquired of any works in respect of which the land was acquired, shall be entitled to compensation in respect of such injurious affection: Provided that compensation shall not be payable under this section in respect of any injurious affection which, if caused by a private person, would not render such person liable to an action. 25. (1) If any land shall be comprised in a lease for a term of years unexpired and part only of such land shall be acquired compulsorily, the rent payable in respect of the land comprised in such lease may, on the application of the lessor or the lessee to a Judge of the High Court, be appointed between the land acquired and the residue of the land. (2) After such apportionment the lessee shall, as to all future accruing rent, be liable to pay only so much of the rent as shall be so apportioned in respect of the residue of the land, and as to the residue of the land, and as against the lessee, the lessor shall have all the same rights and remedies for the recovery of such portion of the rent as previously to such apportionment he had for the recovery of the whole rent reserved by such lease, and all the covenants, conditions an agreements of such lease, except as to the amount of rent to be paid, shall remain in force with regard to the residue of the land in the same manner as they would have done in case the residue of the land only had been included in the lease. 26. Where any question shall arise touching the title of any person to any land which may be entered upon or acquired for the purposes of this Act or touching any estate or interest therein, the person having the ostensible possession or enjoyment of the rents 153 FINAL REGIONAL SESA FOR OECS CROP and profits of such land shall, for the purposes of this Act, be deemed to be the owner of the same until the contrary is proved. 27. (1) Every assessor shall receive for his services such fee as the Governor-General on the recommendation of the chairman, may direct. (2) The Governor-General may authorize the reimbursement of the travelling and subsistence expense incurred by the chairman and members of a Board appointed under this Act. 28. All reasonable costs, charges, and expenses incurred by the owners of lands or persons interested therein for all conveyances, and assurances of any lands purchased or acquired, and of any outstanding terms of interest therein, and of deducing, evidencing and producing title to such lands, terms or interest, and of making out such abstracts and attested copies as the authorized officer may require, shall be paid by the authorized officer. 29. All amounts which have been awarded by way of compensation under this Act, including interest and costs to be paid by the authorized officer, and all other costs, charges and expenses which shall be incurred under the authority of this Act shall be charged upon the Consolidated Fund. 30. Anything in any Act to the contrary notwithstanding, no instrument or document relating to anything lawfully done under, or for the purposes of, this Act shall be chargeable with any stamp duty, registration or recording fee. 31. Except with the approval of the Governor-General in any case in which he considers that injustice may otherwise be done, no claim for compensation which may be made under the provisions of this Act shall be admitted or entertained unless on which entry has been made on the land under section 4 a similar period after the date of the second publication of such declaration. 32. A person who- (a) assault or obstructs or aids and abets any person in assaulting or obstructing the authorized officer or any of his agents, assistants or workmen in the execution of his or their duty under this Act; or (b) Opposes or impedes the lawful occupation or taking of possession of any land under the provisions of this Act, shall be guilty of an offence and liable, on summary conviction, to a fine of three thousand dollars and to imprisonment for three months. 154 FINAL REGIONAL SESA FOR OECS CROP ANNEX III – Record of Stakeholder Consultations NOTES FROM DOMINICA (JULY 15-20, 2018) Day 1 - July 15, 2018 3:00pm - Arrive in Dominica 7:30 pm – Meeting with National Focal Point, Mr Sebastien, OECS Team – David Robin and Susanna Scott, Valma Jessamy Discuss plans for one-to-one interviews with key stakeholders Meetings arranged with: • Dr. Reginald Thomas, Permanent Secretary, Ministry of Fisheries and Agriculture; senior officers of Fisheries • Senior officers of fisheries • Lloyd Pascal Director Environmental Coordinating Unit (ECU) Comments from focal point: LAMA – local area management authority, manage marine reserves Water sports associations involved in management in marine reserves Cabrits National Park Comments from VJ– Persons of interest to meet: • Coreen Prevost, PS Environment • Physical Planning re Physical Development Plan: o Ms Lyn Baron and Mrs Annie Edwards o Need copies of final documents 2017: National Physical Development Plan and National Land Use Policy Comments from DRobin: • OECS Council of Ministers meeting recently concluded • OECS “on the front lines of climate change” • CROP project – unlocking ocean wealth • Formalized boundaries/treaty Need to visit: • OECS Commissioner • Coast Guard, Inspector Simon Edwards Sebastien on lessons learnt post hurricane Maria • Need to ID places for fishing boat storage during hurricanes • ICE/storage of fish: Space; Availability – where to put what • food security; loss of earners • Insurance needed; put money in a fund 155 FINAL REGIONAL SESA FOR OECS CROP Day 2 - Monday 7/16/2018 #1 - Meeting with PS Ministry of Agriculture Introductions by David Robin • Theme of recnet Meeting of OECS Ministers of Environment sets context for our work • Recent hurricane events; • Overview on CROP - $6.3 million for 5 participating states - World Bank/GEF, OECS Commission; consent of member states for project - Mrs Scott/project coordinator - Dr Jessamy/consultant for SESA Food production } tremendous resilience post hurricane Lots of fish } • Interesting to note that Dominica had 160,000 seedlings pre hurricane to donate to another island • Owe it to farmers & fisher folk /facilitating role of Min of Agric • CROP: Focus on planning in the marine space (similar to what is done in lands); • 2 countries have ocean governance policies; project will assist other MS to develop national ocean policies; • Producing coastal master plan & marine spatial plans for MS • Plans have ability to assist with spatial planning/ places to store vessels etc • Capacity building to update & maintain plans’ • Blue economy / think blue (virtual education) [presently empty]….will put info onto that platform • Mapping ocean wealth/TNC –built platform PS Agriculture Question re governance policies -developing plans/policies or going through entire system, taking it all the way; -road map to take it through to adoption & implementation “Bring people in pay them well & then?” Robin answer: “do not be weary in well doing” -full engagement, what turns out will be as good as national input -national ocean governance committee needs to be established - ECROP will be aligned with 2030 development agenda 156 FINAL REGIONAL SESA FOR OECS CROP Eg St. Vincent: 20+agencies 44+ legislation re oceans sectoral approach • Linkage of CROP with resilience e.g. issue with storage of vessels PS Agriculture • “has to be another way” o Every event boats are moved etc o Why not move inland? Ocean is there but risky; o **issue of micro insurance o 5% of food security & put inland aquaculture Robin: -CREF/ COAST regional insurance “from the frontlines of climate change” Comments by Hon R. Skeritt to the UN Consultant Observation: Need to Document Lessons Learned from recent hurricane events PS Agriculture: Move inland? - Where would these lands be? - Near to the coast? - Environmental /social issues Robin - ECROP –project implementing a small part of the policy -land based planning -orderly development Comments by PS Agriculture ▪ -tamarind trees & skin-up trees } can withstand impact of hurricanes ▪ used before along banks of rivers ▪ pattern interventions before to rebuild houses on banks of rivers ▪ dredging rivers ; risk reduction point of view makes sense ▪ removing stones – open up self for greater risk Comment by consultant VJ ▪ UWI –volcanic hazard maps; seismic unit; available for Dominica 157 FINAL REGIONAL SESA FOR OECS CROP #2 Meeting with Maritime Administration Office Harold Guiste, Albert Peter} Maritime Administration Officer, Assistant Maritime Officer(accredit surveyor Masters level) David Robins Overview ▪ ECROP: integrated approach to dealing with ocean ▪ 2013 received approval by Heads of Govt ▪ UN – 15 areas identified under ocean affairs including shipping ▪ Migration at sea, security ▪ Protection of the marine environment IMO Audit – Mandatory for compliance with 29 IMO mandatory list 4 conventions; 6 Protocols; 19 Codes Responsibility in 3 areas; objective evidence of its compliance in these 3 areas: • Ocean state; • Coastal state; • Port state IMO implementation Code IMO Regional Advisor to Caribbean: Colin Young TNT } • Dominica in need of support • Measures to ensure full compliance Managing relationship/ flight risk Dominica Maritime Registry Inc / contribute to effort of resilience building 2016 amendment to IMO facilitator conference –electronic window for clearing of ships & provision for info on ships International Technical Corporation Training Initiative • Antigua & Barbuda – leading prototype tested for use by other states; • Funded by Norway – only developing states where it is being tested –rolled out globally • need cruise ships to be coming; may want to bypass if there are no measures in place for e-clearance etc **project support for Dominica in light of recent events Mandatory by 19th April 2019 *tacit acceptance of regulations • Formation of National Ocean governance committees Draft TOR; Composition (High Level) • Integrated / inter sectoral; coordinated approach • Sargassum plan for region • Oil spill response plan 158 FINAL REGIONAL SESA FOR OECS CROP Lessons learnt from passage of Hurricane Marina • catrotrostrophic unprecedented *LAND Management & how it affects the coast & marine space Tonnes of virgin forest slide down slopes Millions of tons of wood; bed of ocean • Several rivers become great cause of concern; volume of water - Severe erosion of rivers; - Silt, new beaches - Ocean currents carried away - Flooding in places where never expected - State of reefs - dredging of rivers as far up as possible to increase carrying capacity Peter comment ▪ DVRP doing lydar/coastal mapping • What kind of mitigation measures should be put in place? e-mail address: maritime@akvdom.dm; maritime@dominica.gov.dm #3 Meeting with Michael Savrin – Ministry of Planning & Economic Development Planning (impromptu brief in hallway) ▪ Low carbon climate resilient development Strategy-NDC; ▪ Integrated Coastal management Framework (ICMF): GCF funding for project -specific request for ICMF *shuakiamichael@gmail.com 767-265-3027 ▪ Relevant past/present, planned - plans & projects ▪ Concept note stage ▪ Need info on scope/focal points output reports etc for CROP #4 Meeting with Physical Planning Department: Shillingford and Kelvin Rolle physicalplanning@dominica.gov.dm Website: physicalplanning.gov.dm ▪ National Physical Development Plan (NPDP) informed by Erica of 2015 ▪ National physical development plan (very general); local area plans needed ▪ Interior/ safer zones: ▪ more flooding than ever previously 159 FINAL REGIONAL SESA FOR OECS CROP ▪ Only 12% of land available for development; based on composite hazard risk assessment in NPDP; rest of land include: • Buffers; • slope; • protected areas • Mountains • Government has no lands • 72 / 73 divided into estates • Always looking for lands; but none available ▪ Private lands • Cannot control legal subdivision of land • -nothing to prevent sale & subdivision and passing of title ▪ Development Planning Corporation Board approves application for development ▪ Ministry of Planning & Economic Development (Physical planning part of ministry) ▪ Building Code 2015 Revised OECS • Can’t implement physical planning Act o -procedure too long o -stop orders o -issues fines o Can’t do preventive measures *49 days o Change of use • Banks - check for planning permission to build • Other agencies linked in implementation of Act o Need trigger mechanism across agencies o services, water, electricity etc o ownership of land requirement for services • Link to other licenses -fisheries harmonized legislation -enforcement officers of other agencies • flooding risk maps available; will look at more closely for planning approval of development applications 160 FINAL REGIONAL SESA FOR OECS CROP o Ministry of Housing aware of maps o Lands & Survey has Cadastral data for island; physical planning does not have GIS for cadastral • Quarries present environmental problems in the marine space o Quarry Regulations not yet approved o VJ question: Any rehabilitation/restoration of quarries? ▪ Most quarries not yet exhausted o Legislation & regulations in draft o Private ownership monitoring team every 3 months o Reports on quarry o Legislation & Regulations o Planning permission and EIAs: use as guidelines for monitoring o sedimentation ponds/protect siltation of marine space o Igneous rocks; Dominica export stones o Note: French group with better management practice; • Government looking to develop large estate (for public servants?) o Moderately sloping o 1.5 acre minimum lot size o -protect water quality [safe from flooding] o beginning to look inward; looking for land inland #5 2:00 p.m. Meeting with Kalingo Development Officer Introduction by David Robin • Intersectoral approach to ocean governance Government sanctioned process 1. Identify the users 2. What are the uses 3. Optimize benefits for this and future generations Comments from Kalinago Officer • familiar with World Bank process for development of indigenous people’s plan ▪ geographical designed spaces ▪ marine space of territory not mapped out ▪ We see foreign traffic and fishing in their space 161 FINAL REGIONAL SESA FOR OECS CROP Note: at least 50% of fish at largest lending site come from Kalinago fishers - Kalinago fisherfolk land greater than 250,000 lbs per year -what are the areas of the Kalinago fishing -under water artefacts – heritage Points of Interest of Kalingo Council ▪ Trade across borders “coastal seaborne empire” ▪ Kalinago Mariner document from chief has permission to trade with other territory ▪ 40 years ago affected by independence viz sovereign state; crushed the Kalinago spirit ▪ international borders with navigational rights ▪ 92% of households impacted ▪ “vernacular” architecture; Kalinago model designs survived hurricane Maria Observation by David Robin: ▪ CERMES, CLME+, OECS - part of inter governmental governance framework] ▪ ECROP – international best practice for regional ocean governance] ▪ EC ocean governance team; has national committees; need representation from Kalinago people #6 - 5:30pm Meeting with Coreen Prevost - PS Tourism & Urban Renewal, Environment, Climate Resilience & Disaster Management David Robin Intro CROP ▪ Requirements for SESA ▪ Coastal Master Plan; Marine Spatial Plan Comments by Susanna Scott ▪ Tourism part of national ocean governance committee –not yet established ▪ Revised tourism master plan “trade off” –stakeholder engagement needed Comments by PS 162 FINAL REGIONAL SESA FOR OECS CROP Tourism master plan, policy up to 2022 ministries strategic action plan Post-hurricane Maria Vision to be 1st climate resilient country New approach for –coastal & marine tourism ▪ GOV of DOM/Min of Tourism had PSIP for yachting sector; -used budget for coastal clean-up, removal of debris from coral reef ▪ coastal protection verses product development ▪ Coast heavy impact from hurricane - **support to communities to ensure proper coastal development ▪ planning comes in for Infrastructure development along the coastline ▪ Issues such as waste management in communities ▪ Drainage Review Master Plan - Climate resilience & coastal and marine integrated - Renamed yachting project to Coastal & marine tourism development projects - Butting heads with fisheries in communities with strong fisheries activities; fight two cannot go together - User conflict resolution needed - Communities that depend on both need to co-exist e.g. Mayarou & Plymouth o –technical officer to deal with coastal & marine tourism (dive, yachting sector fisheries, community engagement) zoning of uses share space e.g. Mayaro - Community engagement ▪ Beach enhancement plan ▪ proper drainage, waste management PLAN FOR A MODEL COMMUNITY ▪ need for support – no technical expertise Dive Sector (dive festival; women’s dive day) ▪ Dive not heavily affected; reef above 40 feet ▪ Audit of main dive sites/Sebastien ▪ Whale Watching, universities 163 FINAL REGIONAL SESA FOR OECS CROP o Larger discussion with fisheries o Swim with whales? o Carrying capacity o Permits o Footage video ▪ Yachting ▪ Dom water sports association/Investigations after hurricane o Dive show in US o Promotion open & ready for business ▪ CROP National ocean policy & action plan aligned with 2030 development agenda PS Comment on Ministry of Environment ▪ Draft environment climate & national resource management Bill ▪ re-designation of portfolios o Beach control where it fits in George Maxwell Technical Officer Coastal & Marine Pascal GEF OP Focal Point 164 FINAL REGIONAL SESA FOR OECS CROP Day 3 - TUESDAY JULY 17, 2018 #7 Meeting with Lloyd Pascal – Director ECU 1st 2 wks of budget Social living conditions from Maria [like the hyena – self-preservation] ▪ Unlocking Ocean Wealth ▪ WB package of loans & grants } to rebuild after hurricane/unacceptable to be offering loans at this time; each WB project have PMU NGOs & UN Agencies UNDP } creation of another Haiti – lots of disenchantment If disaster hits again country will no longer be viable i.e. failed state UNEP (no show) Social context: UNDB Barbados, Panama (Mr King) - to head New Ministry of Environment Climate Resilience Disaster Management Urban Renewal ▪ Environment Department includes: o Met Services o Forestry o Wildlife o National Parks ▪ Department coordinated Post Maria debris management & clean-up Prime Minister Office : CREAD (Climate Resilience Execution Agency for Dominica) • To manage big moneys for reconstruction Transition Team for CREAD – ▪ Minister of Foreign Affairs ▪ PS Planning ▪ PM Advisor ▪ Persaud, Economist Chief Advisor on Climate Resilience (from Barbados) ▪ Cabinet Secretary ▪ Financial Sec (Accounting Officer) Dominica selected as one of 16 most vulnerable countries in the world for implementation of a pilot climate resilient program 165 FINAL REGIONAL SESA FOR OECS CROP GCF provides assistance to: ▪ Dominica Haiti Jamaica St. Vincent St. Lucia Grenada ▪ made request for assistance to CDB to prepare climate resilience project document for pilot ▪ Prepared 2012 low carbon development plan/strategy climate resilience strategy - $16m for: o legislation to establish department o retrofitting of hurricane shelters o building of model hurricane shelters ▪ Gov of Dominica asked WB to be implementing agency WB turned project into DVRP { Intestinal fortitude} ▪ Dom got US $38m Climate Investment Fund • inventory of water resources ▪ funds from donors ▪ lydar *monitoring *prediction David comment: OECS DGA leading on climate resilience strategy for OECS/Caricom ▪ private sector interest (Richard Branson); need marshal plan for the Caribbean Pascal continued: ▪ disaster management & climate resilience needs to be linked o Inter-agency o Petit Savrin relocation from 2015 not yet completed o October 2017 20,000 persons left Dominica after the hurricane o 2015 –Erica * 9 communities declared disaster risk History of Environment Coordinating Unit: Ministry Health & Environment, then Ministry of Environment and Planning, Back to Ministry of Health & Environment, now new Ministry of Environment, Climate Change, disaster, urban renewal etc o Manage natural resources, o Land use is with Ministry of Housing o Physical Planning with Economic Planning o Fisheries → Agriculture o Water → Public Workers, Ports, Energy o 166 FINAL REGIONAL SESA FOR OECS CROP David comment: [As GEF Focal Point gave Pascal official copy of project document; pages 35-45] *donor driven projects (guidelines for reports) *Modules for training for decision making → part of CROP project #8 - Meeting with Ambassador to CARICOM & OECS David comments: ▪ Over view on project ▪ July 2018 Council of Ministers (COMs) meeting → urge accelerated Implementation of National ocean governance Committees ▪ Introduction of project coordinator and consultant ▪ Project aligned with 2030 development agenda Comments by Ambassador: ▪ Scott’s head; severely damaged by hurricane Maria ▪ New environmental Bill to be promulgated ▪ Great speed in reconstructing & rehabilitation post Maria ▪ CREAD – all positions outlined to be filled o funded by Canada? o law & legislation to be passed (for CREAD) o coordination of Infrastructure development projects etc; national program managed ▪ Cultural issues as well very important/ paradigm shift / visualization of new future ▪ What you build? o maybe not residential; can’t abandon areas 167 FINAL REGIONAL SESA FOR OECS CROP #9 Meeting with Kalinago Council Chaired by Councilman Hill (in absence of the Chief Mr Charles Williams) Comments from Councilman Hill Effects of Hurricane Maria ▪ housing damage ▪ farming ▪ fisheries ▪ livelihoods ▪ housing stock less damage for David → More relief after David than post-Maria Dissatisfied with relief e.g. family of 6 with one day supply of food Persons still in Shelter Not self-motivated/dependent on government for relief High Level of Dependency on Government ▪ Council needs to sit down and develop a plan of action; positive action ▪ The right assistance needed for community to be productive ▪ Services in Community o schools o resource center ▪ Activities engaged in: farming, tourism, fishing not on a commercial basis Comments from David Robin Intro on project →overview on OECS Ocean governance project Questions from consultant: 1) What is the Institutional Framework for the Kalinago Territory Answer from Councilman Hill: (see diagrammatic representation) ▪ The Kalinago Council is separate from the Government of Dominica; not below but autonomous Government of Dominica ▪ Now have a Ministry of Kalinago Affairs (MKA) which serves as a link to the government ▪ The ministry is fulfilling all the responsibility of the Council; ▪ MKA has parliamentary representative and staff ▪ Kalinago Development Officer/ Govt Employee 168 FINAL REGIONAL SESA FOR OECS CROP ▪ Develop programs & initiatives from a government level to be implemented in the territory Kalinago Council ▪ Local governance for the territory ▪ 6 Councilors ▪ Chief ▪ Clerk Government Kalinago of Dominica Council Ministry of Kalinago Affairs 2) Resources, policies, plans strategies? Answer from Councilman Hill: ▪ We know the challenges in the community but have not done anything about it; ▪ Nothing is in writing ▪ Two way process of development (with Gov’t) does not always work ▪ Any Ministry has an annual budget but MKA has no annual budget and has not developed [plans/projects] in consultation with the Council ▪ Ministry answer will be “yes programs policies and strategies for the territory but NO involvement of Council” ▪ Council has no financial resources to develop, research any plans for the Community This project (CROP) will be 3rd WB executed project in territory • plans written; • done only to satisfy UN objective • numerous suggestions we have to do projects in community • we have to do their project instead; WB project not want to change people’s lives- in a real way; no transformation 3) What are the aspirations for Territory? Answer from Councilmen (Hill and Frederick): 169 FINAL REGIONAL SESA FOR OECS CROP ▪ “lands” owned by Council; title for lands in the name of Council ▪ Seascape not demarcated Five major aspirations: 1. Want to maintain the integrity of lands & tribe as a distinct territory in the country 2. Want to develop an education system; curriculum, that is appropriate traditionally, culturally; with physical infrastructure in the territory (that is schools) a. No high schools in territory b. Youth are desensitized in process of education out of territory/assimilation 3. Health Services – 2 clinics in territory a. Territory categorized as its own health district –doctor; ambulance 4. Better protect forest, rivers, water, catchment areas (territorial lands) 5. Active economic base where commerce can be generated a. See community as attraction for tourism but NOT as a commodity to put on show for tourists; people see the way “we live not something that is put on show” i.e. not Disney World Style b. Agriculture (8 persons in territory are trained agronomist) c. Construction company/best builders on island in territory; no capital or collateral to start business; empower people and then they can help themselves e.g. project funded by development agency in Kalinago territory; local builders were not able to qualify to do project; only 4 pers were hired paid @ minimum wage at $40 per day (by contractor not from territory) d. Make territory a tax & duty free zone/raising issue Councilmen highlighted major Issues/challenges for Kalinago Territory : • institutional arrangement needed to access credit → communal lands • In Dominica /Public workers once appointed can go to financial institution and obtain a loan; not so for Kalinago people working in the public service • Banks & none of financial/institutional agencies will not give a loan to a Kalinago person • Government can amend Act to give commercial application (for land) • Health Services in Territory is [under resourced] Clinic has potential /built for full primary health care • Clinic built by private NGO funds space for pharmacy /private [building leased to government for $1 per year; for 10 years; need to re- negotiate] → government pharmacy →prescription drugs only →room for private pharmacy vacant government stop use for private pharmacy • Entrepreneur to operate/ business person from community 170 FINAL REGIONAL SESA FOR OECS CROP o People have to travel to Roseau for basic over the counter medication such as cough medicine; non sold in territory • Kalinago people do not have the capacity to negotiate • NGO Donated two dental chairs to facility took 3 yrs to set up and have a dentist in territory • Government has a forestry department for policing forest reserves and protected areas o No rules for forest use in territory; indiscriminate use of forest cutting lumber etc ▪ Furniture makers; joiners etc o most of water catchment areas deforested for agriculture o Need for serious reforestation of watersheds ▪ Bois revier; balata, gommier, lowea (VJ check spelling/scientific names) o No resources to enforce protection of forest • Gommier tree → used for boat building →bleed for gum→incense o Sold to Guadeloupe and subsistence revenue; o no protection of those trees and they will disappear in 20 years unless they are protected • Wrote GEF grant $25,000 →propagate Gommier plants [4,000] but destroyed by Maria Tourism • Visual only • government recognized there is a benefit to market Dominica with image of Kalinago people • economic benefits from tourism not felt in territory • Government make investments that allow for overnight in territory • agriculture always subsistence farming never on a commercial basis • massive deforestation most of the trees cleared from the area • Slash & burn practice of agriculture with negative impacts → need to move away from subsistence farming to applying technology and science in farming • Kalinago tradition more a seafaring people *not a traditional farming people → normally performed by women Became a necessity of life (in the name of development have to move away, deviate from certain things) • 8 agronomists within the territory (degreed/qualified) o →unemployed o →working fields 171 FINAL REGIONAL SESA FOR OECS CROP o with government • no database on community • 3,000 people more than 20 years ago • No real census on the number of persons • Approximately 800 houses in territory [Mr Frederick Kalinago Development Officer should have better information] 2 primary schools (one destroyed by Maria) 1 of which is outside territory that serves children • Kindergarten to Grade 6 • Secondary School is out of territory [200 students government pays for buses] • Several Churches in territory; main religions: o Catholic, o SDA, Adventist o Muslim, o Church of Jesus Christ Nazarene o Christian church of SDA o Jehovah Witnesses, o Bahia. • Kalinago people are traditionally nature worshippers: Sun, Moon, Earth, Winds (1600+) • Parliamentary Representative is Kalinago: for both Atkinson (nearby community) and Kalinago Territory (people in territory vote for parliamentarian in national elections) • Opposition Candidate is not Kalinago • Kalinago Minister “comes in and does what he wants” o Building 10 concrete houses without consulting the Kalinago Council; desecrated sacred site; tourism site o Fishing complex built in Marigot; Majority of fishing fleet more than 70% of fishermen come from Kalinago territory (no facility in territory). o Process of engagement lacking • Hurricane Maria has exacerbated relationship between Government and Council 172 FINAL REGIONAL SESA FOR OECS CROP Wednesday July 18 2018 #10 Meeting with Forestry Officer and Coast Guard Bradley Guye –Head of Forestry Management forestry engineer; acting research officer; [Director of Forestry Minchinton Burton.] • Dominica still young and growing 9 active volcanoes Have expended with certain phenomenon on the coast - South east community after Tropical storm Erica (2015) significant amount of rock and debris caused expansion of coastline; - Layou mouth of longest river significant land changed and coastline extended o consecutive build up o Lenny 1999 o Trough in 2013 ▪ Forest debris washed out ▪ Vines covering trees - Pioneer species; larger trees expelled them - wildings exposed. - Pruning of forest (balance between old and young) ▪ Wildlife feeding on farms: - crop degradation ▪ Certain observations in forests - Large trees not fruiting properly/hallow seeds - Older trees; ▪ Maria opened forests for new growth ▪ Planting important species to help build back habitat IMO/DOMINICA ▪ -draft legislation to be promulgated ▪ Oil spill clear water program (CEO of Dominica Port Authority) ▪ Impact of Hurricane Maria continued ▪ Access to eco-tourism sites difficult ▪ trees on ground every where; access difficult to do assessment ▪ GIS Unit for forestry under the disaster project [have hardware software] Lydar fly over after Maria o Geospatial committee o Forest resource assessment for FAO o NO ICZM policy for Dominica o National report on climate change (Third Report to be done) 173 FINAL REGIONAL SESA FOR OECS CROP Comments on forestry in Kalinago Territory -There are methods to bleed gommier (best practices) which do not affect: a) Integrity of wood b) life of the tree - NEP (national employment program) used to assist/training -need to take ownership of what they have re forest resources (Kalinago people) LEGAL AFFAIRS RED + agenda o Reduction of emissions from deforestation and degradation o Carbon Sequestration process; o Draft Strategy data collection & resources for the protection of forests ▪ Mapping of marine resources – Mr Defoe ▪ Belfast – waste to energy plant (soaps and alcohol); most waste oil on island/pick-up [solid waste authority –non-biodigestable waste] Copy of Oil spill response plan provided to consultant 174 FINAL REGIONAL SESA FOR OECS CROP #11 Meeting at Physical Planning Lyn Baron - GIS specialist Annie Edwards - Physical Planner Question from consultant on use of GIS Maps for planning Answer: ▪ people aware of it but not sure if they are using it/them ▪ development agencies use maps in their reporting ▪ have not revisited national physical development plan (NPDP) post hurricane Maria ▪ used disaster risk management approach in developing plan ▪ need coastal master plan in light of climate change; most of costal infrastructure and assets are located in coastal zone ▪ coastal zone management planning needed o areas need to be relocated due to land degradation o Govt engaged in coastal zone dumping debris from hurricane clean-up o natural coastal expansion; especially around major events/major storm event may remove or bring landwards -Layou -Grand Bay -North East -St. Joseph o can be stabilized with built structures; significant along the coastline and outwards from coast to sea. o 2011 collapse of major dam contributed significant debris deposits on: o Fishing villages; - Lots of coastal erosion - Need projects to reclaim beachstabilize o Potential for development of built up areas for economic activities - People playing volleyball on it o Portsmouth will be enhanced -different type of businesses; -water sports -limited flat land o North East coastline wall from airport resulted in large expanse of beach build up after Maria. o Shift of activities to other areas Mayorou expansion of beach; Small shops; part of tourist tours Cabrits o Very vulnerable to wind but not to flooding etc Marine reserve in Sourth/Soufriere; 175 FINAL REGIONAL SESA FOR OECS CROP o communities restricted in use of resources; o need to sensitize and assist to maximize use of resources; CATS [GTZ funded] training with community persons; scuba diving etc [own business] Environmental Issues o Dumping v proper reclamation of the shoreline; Impact of silt on marine environment and coral reefs o Dumping of solid waste [landfill capacity] Wastewater treatment by WASCO Secondary treatment of waste; Water quality of coastline improved after installation of plant Everywhere else (on island) use of septic tanks to treat wastewater High water table in Portsmouth Kalinago Territory: Question – maps of territory o Have something that can work with for CROP project o Still conquering lands? Questions about boundary disputes o Unresolved issues regarding boundaries o Project: delimited boundaries of territory about 3 years ago; specifically for the Kalinago territory Post Maria issues/coastal hazard risk and development: o Insurance not reinsuring in hazard zone; high insurance premiums Write of as losses; difficulty with recovering loss Banks should be encouraged to also write off debt o Note: Petit Savan residents are returning; government stp paying rent for persons; loss result in people moving o Relocation within constituency; difficulty to find new communities o land ownership/ title approved sub-division; loss of assets; o Squatters on fringes of government land e.g. Canefield, Bene Ravine; o 50 years on private lands; Government regularized areas which are very susceptible to damage/vulnerable o need data to inform plans e.g. sea level rise input; modelling studies, engineering; coastal engineers, hydrographers, coastal currents etc, bathymetric data; Need integrated coastal zone management unit [USAID Study on Portsmouth available online] 176 FINAL REGIONAL SESA FOR OECS CROP #12 Meeting at Ministry of Economic Development Michael Savarin o national designated authority for GCF NDA (low carbon strategy)) -Project Coordinator Manager for GCF Programs – Implementing agency ECU National Climate Change Committee ↆ [sub-committee on ocean governance] → preparatory support programs – capacity building -ocean governance -requested details on CROP national coastal and marine spatial plans - Consultant provided project document Thursday July 19, 2018 #13 Meeting at National Water Authority Consultant Inquiry on Waste water treatment in Dominica Answer: WASCO Chief Engineer o Collection systems for 3 areas - -Roseau & environs - Canefield - -Gimmit Baytown Treatment Plant – only 1o treatment Treated waste pipe out to sea, pipe 200 ft deep and 1200 ft offshore Anchored pipe on sea bed HDPE line with concrete anchors Communal septic tank – water discharged at coast Onsite treatment/rest of country? Some consideration given for package plants for some development PPU in granting approval for development –contact Ministry of Health and the Environment Public Works – water resources management and ports Plans for comprehensive collection system for Portsmouth & environs -soil, hydrogeologic factors makes on-site treatment undesirable -H20 quality in coast affected -3o level treatment plant, disposal of effluent back into environment -West Coast water project (2009) 177 FINAL REGIONAL SESA FOR OECS CROP EU Project: $25m; design done/ final designs cost more than scope; water component done (2015 completed) but waste H20 not done -seeking funding from GCF to do wastewater component -completing a component with storage tanks funding from WB →completion by Sept 2018 with additional extensions ▪ Recommendations given for more robust treatment rather than septic systems; package plants etc ▪ Studies available for the west coast ▪ Cartegena Convention (land based sources of pollution) o Dominica wants to ratify o Type of water and classes of water waste; standards used as a guide to prevent pollution of the environment ▪ Roseau plant 1o treatment → removal of solids, debris, grits, gravel fats and oils etc o Plant commissioned about 2002 – no biological or chemical; level of aeration o Monitoring of BOD & COD, bacteria conducted annually by lab – Question consultant: is there independent verification? Answer: No o Solids deposited automatically into large barrels ▪ landfill disposal ▪ small volumes ▪ sludge removal o 3 pumps in wetwell →fail safe mechanism o Main line to plant broken after Erica and Maria; o emergency situation/direct outfall; need to repair lines o Under UNIDO –energy audit – too much energy used; renewal energy to run Roseau ▪ PV solar - 75 kw system ▪ About 60% energy demand; ▪ pilot; hope to replicate for most of pumping systems ▪ Grid tied with battery backup ▪ CCCCC funded; mini hydro power 178 FINAL REGIONAL SESA FOR OECS CROP Impact of wastewater treatment plant →positive impact, vast improvement in water quality at the coast o -only at 50% capacity (design could accept more) o -can upgrade system and increase level of treatment o -more space needed at existing site o -need to relocate or reassign space [river and sea on either sides] ▪ Will use some of available space for ground mount of PV system; ▪ Roof can only take 50kw Portsmouth o More extensive/comprehensive treatment will need more space ▪ waste stabilization ponds ▪ constructed wetlands ▪ uv treatment/disinfection o Quality of effluent; at present discharge into a tributary that goes into river o Concerns of Town Council; physical development plan for Portsmouth o Feasibility study and EIA for Portsmouth waste water o Part of west coast project #14 Meet with Dr Lennox Honychurch at Cabrits National Park o Chairperson Portsmouth Citizen Dev Committee Master Plan o Glad that plan is being looked at; thought forgotten o Committee was approved by Prime Minister o Presentation of plan was made to Cabinet o Should consider as part of project to develop CSMP for Dominica #15 Meet with Developer of new CBI hotel project at Portsmouth/Cabrits National Park ▪ Providing assistance with rehabilitation of nature trails in area ▪ community rebuilding assistance ▪ eco-friendly project; using best practices; will treat wastewater etc 179 FINAL REGIONAL SESA FOR OECS CROP Dominica Stakeholder Consultations July 16 – July 20, 2018 Regional Strategic Environment and Social Assessment OECS Caribbean Regional Oceanscape Project Name Title/Department Telephone E-mail Signature Dr. Reginald Thomas Permanent Secretary psagricultre@dominica.gov.dm Ministry of Agriculture, agriculture@dominica.gov.dm Food & Fisheries Harold Guiste Maritime maritime@cwdom.dm Administration Office maritime@dominica.gov.dm Peter Albert MAO Same as above Michael Savarin Ministry of Planning & (767) 265-3027 shuakiamichael@gmail.com Economic Development Kelvin Rolle Head Physical Planning physicalplanning@dominica.gov.dm Department website: physicalplanning.gov.dm Shillingford Senior Planner PPD Same as above Cozier P Frederick Kalinago Development (767) 266-3377/ caribaffairs@dominica.gov.dm Officer 266-3556 frederickc@dominica.gov.dm Coreen Prevost Permanent Secretary Ministry of Tourism & Urban Renewal; Ministry of Environment Lloyd Pascal Director - ECU 767-266-5256 pascallloyd@gmail.com Simon Edwards Commander Coast 767 225 1380 simonkedwards@yahoo.com Guard GIS Specialist – Physical Lyn_baaron@yahoo.com Lyn Baron Planning Department 767 277 3244 baronl@dominica.gov.dm 767 266 3752/3138 180 FINAL REGIONAL SESA FOR OECS CROP Name Title/Department Telephone E-mail Signature Mrs Annie Edwards Physical Planner – annierose63@gmail.com Physical Planning Department Bradly Guye Forestry Department brad.g908@hotmail.com Acting Research Officer Williams, M Chief Engineer/WASCO m.williams@dowasco.dm Lennox Honychurch Cabrits National Park lennoxh@cwdom.dm Chairperson Portsmouth Development Committee Kamila Ordrackova Range Developments Stakeholder Consultations at Kalinago Council 181 FINAL REGIONAL SESA FOR OECS CROP 182 FINAL REGIONAL SESA FOR OECS CROP ANNEX IV GRENADA Grenada Stakeholder Consultation July 24 2018 Situation and Stakeholder Analysis Regional Strategic Environment and Social Assessment Caribbean Regional Oceanscape Project Introduction and over view on CROP by Commander David Robins and Mrs Susanna Scott from OECS Oceans Governance and Fisheries Unit. (other notes on priority areas and critical issues for attention added to power point presentation) Consultant: Four dimensions and layers to consider (Geography of place – climate change & risk scenarios; Ecology of place; Human Ecology; Political Economy) plus external forces climate change and global economy Comments on Blue Economy Master Plan (BGMP) • Is plan law or already approved for implementation? What is it? • Housing not addressed in plan • Status of National Development Strategy 2030 and how it fit into BGMP • Blue Growth o Resources coming from where? o For Investors • Top down: Architects vision and senior advisors; selective consultation • Should be peoples plan from the bootm up • Coastal zone task force has comments on BGMP; no evidence that comments were considered as no change to plan • Absence of data to advise BGMP • GIS, mapping lydar bathymetrty • Ecosystems • Lack of awarenedd • All agencies asked to review document and give feedback o CSO/social compact • Historical/heritage not considered • National discussions needed • Land use policy and BGMP • Public participation PROCESS needs to be looked at • GOG has US$20M loan from World Bank to advance BGMP agenda (under very concessionary terms) • Communications strategy needed for BGMP 183 FINAL REGIONAL SESA FOR OECS CROP o Villages etc to be affected must now more • How much flexibility with plan? • BGMP will be driven by market forces • Economic assessment on yachting needed; Linkages with other sectors must be considered • TOO Grand • Targets only investors into Grenada • Rep from Economic affairs department: o 2 consultations were held with select interest groups o Comments received from 60 stakeholders o Focus groups were consulted on aspects of the document • Wide cross section of stakeholders were not consulted • No update of the document to reflect consultation • Status of reports from consultations? • Foreign Affairs coordinated the efforts on the BGMP; needs a home and agency to coordinate • Input from Environmental Officer o Coastal zone task force reviewed report o Working on sediment transport project with support from CEFAS o Gouyave and Levera Marine Protected Area proposed; to be launched soon • Wider stakeholder engagement needed • OCES comment: o CSMP team with have a social safeguard specialist to ensure that social issues are taken on board in developing plans 184 FINAL REGIONAL SESA FOR OECS CROP 185 FINAL REGIONAL SESA FOR OECS CROP 186 FINAL REGIONAL SESA FOR OECS CROP 187 FINAL REGIONAL SESA FOR OECS CROP 188 FINAL REGIONAL SESA FOR OECS CROP ANNEX V – ST KITTS & NEVIS St Kitts Stakeholder Consultation July 27 2018 Situation and Stakeholder Analysis Regional Strategic Environment and Social Assessment Caribbean Regional Oceanscape Project Introduction on project by focal point Mr Hobson; - project launched in St Kitts & Nevis April 2018 - outcomes: enhanced CROP - National Ocean Governance Policies and Strategies - National CMSP - Education & training platform/web-based Introduction of participants; sectors represented: • Public Service o Physical Planning o Urban development/development planner o Tourism; PS o Maritime affairs o Coast guard o Customs o Immigration o Fisheries/Nevis o MMA/marina • Private Sector o Tourism Industry/marina o Consultant • Community/resource user o Fisherfolk Discussions and Comments from Stakeholders: Physical Planning (senior planner) - Cause coastal and marine resources in a more sustainable manner - Financial and political constraints affect decision making - Cost recovery mechanisms for amenities and infrastructure not worked into projects - How funded? Needs to be improved: Government resources, grants, loans for special projects; investment projects; CBI - GIS Data available: assessing communities to develop profile; geospatial o Limited cadastral data; statistics for household socio-economic data available from the statistics department; August, 2018 Final edit November 2018 189 FINAL REGIONAL SESA FOR OECS CROP o using analysis sheets for improving time for data collection; interns studying geomatics/thesis doing most of work; from St Kitts on vacation; o Physical/topo, ecology/environmental, human use system/infrastructure GIS data/layers available for analysis; o Political economy not available for entire country; updating data sheets as part of continuous exercise; o GIS staff assisting in data analysis; part of succession plan for the department; training next generation of resource managers - Hazard risk maps available; need to develop a composite map o Important for “conversation” on involuntary resettlement o NADMA has maps (Tsunamis risk maps on displace around meeting room) o Stakeholder public awareness/communication is undertaken by NADMA o Education activities for schools, hotels, developers; o 8 districts with voluntary systems to do public awareness o Hazard mitigation and disaster planning is undertaken - Climate change and sea level rise o Tidal gauges in place for monitoring by Dept of environment assisted by other agencies - Historical data trends: pre and post hurricane Irma 2017 - GIS lab is repository for environmental data - Changes in coastline noted overtime o Have climate change adaptation strategy o Country plan/development planning Participants assisted in developing a map of key ministries and departments involved in CSMP Ministry of Ministry of Ministry of National Ministry of Transport & Public Agriculture Security Sustainable Infrastructure Development Marine Resources Defence force Department of Physical Planning; Maritime Affairs land use; GIS Environment Immigration Economic Planning Urban Development Human Settlement Coast Guard Statistics NEMA Private Sector Fisher folk Lands & survey Resource users Ministry of Tourism 190 FINAL REGIONAL SESA FOR OECS CROP Development Planner - Urban development implement challenges and issues with respect to: o transport/traffic, o open spaces, o derelict and abandoned property; o street vending; o sewerage treatment; other agencies involved Ministry of Health; Planning; water; solid waste o septic systems; on-site treatment plants encouraged; large septic systems with disposal fields o Frigate Bay: ▪ Stormwater runoff major issue ▪ Primary treatment/re-use water for irrigation ▪ Sewerage from yachts major issue (supposed to go out to 12Nmiles to empty holding tanks) o Parts of Basseterre below sea level o Impact of pollution on nearshore marine resources; fisherfolk now have to go up to 30 miles to fish Comments by Maritime Officers - Yachts pump out waste: MARPOL requires must go out >3 mils is treatment plant on vessel; no treatment of sewerage out to 12 Nmiles - Maritime authority inspection of vessel logs to tell it they are going out to pump out sewerage Marine Resource officer - Management strategy (fisheries) o FAD o Conservation zones Private Sector - International LEGISLATION has not kicked in at the national/local level - Christophe harbour still developing - Have contingency plans for handling fires; spills; CSR plans; garbage; MARPOL, oils dust, paint - Use USA guidelines/certification Charlestown fisherfolk and Fisheries Officer - Issues with jetty etc (competition with other users) - No license - Register fishing vessel; fees based on length o 0-10 feet $0 o 10-30 feet $25 o 30-60 feet $50 - Log book on fisheries catch (information collected by fisherfolk) - New fisheries Act (Fisheries Aquaculture and Marine Act of 2016) 191 FINAL REGIONAL SESA FOR OECS CROP o Duty free on gear and equipment; o No business license; no taxation on fish and food caught locally o Training to get license for fisherfolk; no fee up until January 2019 o FREE FOR ALL (concern of fisherfolk from Charlestown) o Fishing for tourists/sport fishing on the rise; company/tour operator needs permit (NO quota on fish catch); issue temporary fishing license to customers - Christophe Harbour o MOU with DMR (department of marine resources) for sports fishing licenses; pay fee o Register boats and individual fishing interests; o Rules published for tourist fishers/ease to understand; size of catch and species not to take etc; PS Min of Tourism - Concerned about losing beaches especially Frigate Bay - Beaches have reached/exceeded carrying capacity - Government is looking at initiating a beach nourishment/restoration project - Scientific data shows destruction; - New pier has implications - SKN reached 1 million cruise tourists in 2017/2018 season - >250,000 stay over visitors per year o Christophe Marina had >5000 vessels 2017/2018 season - Ships can recycle some wastes; problem with solid waste what they take from cruise ships is selective; - Water shortages - International waste MARPOL bins and data sheets at Port (IMO); reception receipt must be issues Maritime boundaries an issue - Sharing marine space with many countries - Creates conflicts with other territories - SKN fisherfolk have problems with fishing in territory of St Eus. Saba and nearby islands; yellow card from EU [other OECS state has red card from EU] - When negotiating issues it is not with other small territory it is with the EU therefore issues of equity and power! Public participation - Consultations for development planning; responsibility of developer - Public concerns change project; public access to EIAs - Information access needs to improve/duty to publish and freedom of information Act - NO demand and strong public interest for data - Mechanisms to make information available/easily accessible needs to be improved - Voluntary publication 192 FINAL REGIONAL SESA FOR OECS CROP - Consultations sometimes only with specific stakeholders - DMR is using social media to communicate info to stakeholders; radio and TV - Get feedback from social media; monthly reporting is done Major issues: - Illegal dumping of solid waste on beaches, coastal areas, ghauts and storm drains ending up in the sea - National trust made tunnel with garbage from the sea as a public awareness/education campaign - Sand mining - Plastic free July campaign in SKN - Abandoned sugar plantations; no maintenance of waterways and drainage system resulting in siltation of coastal zone - Development planning and control board has representation from different parts of society Tourism - Sustainable destination council; multi-sectoral arrangement Fisheries Act, advisory committee with fisherfolk EIA vs ESIA – focus on jobs and economic; number of persons employed by project; not driven by environmental impact. For eg 1,000,000 cruise tourists leads to problems with wastes; problems for new beach COCKSHELL - No cost benefit analysis of projects - Discharge permits are not required for industries; hotels, marinas etc - US$10 million wastewater treatment plant; capital cost; maintenance cost verses no treatment and waste into environment (value of ecosystem services); untreated waste has negative impact on environment. Comment by PS of Tourism - Islands are competition with each other for investors therefore relax environmental regulations; want to be able to grab investors so that they get them first; know that environment is being impacted negatively - Need help to make argument on carrying capacity of natural resources; - Need to educate next generation; this one already gone!!! 193 FINAL REGIONAL SESA FOR OECS CROP August, 2018 Final edit November 2018 194 FINAL REGIONAL SESA FOR OECS CROP 195 FINAL REGIONAL SESA FOR OECS CROP ANNEX VI – ST LUCIA St Lucia Stakeholder Consultation – July 26, 2018 SITUATION & STAKEHOLDER ANALYSIS REGIONAL STRATEGIC ENVIRONMENTAL & SOCIAL ASSESSMENT OECS CARIBBEAN REGIONAL OCEANSCAPE PROJECT 9:00 am Welcome, Introductions 9:10 am Overview on OECS Caribbean Regional Oceanscape Project 9:30 am Framework of Analysis, Key Concepts, Synthesis of Key Findings 10:10 am Environmental & Social Issues for Marine Spatial Planning & Coastal Master Plans; Best Practices and Lessons Learnt 10:30 am Gaps and Priority Areas for Action 11:00 am Framework for Public Participation Plan Close at 12 noon (refreshments) Introduction – Dawn Pierre-Daniel, Deputy Director Environment • National Ocean Governance Committee formally adopted (formerly coastal zone committee) • Indicative measures for marine & coastal in NAPs/ SAP adaption o Agriculture o Water o Fisheries sector • Communication Strategy • Project concept notes: short, medium and long term measures • Coastal and marine spatial planning • Sectoral adaptation strategies and action plan: coastal & marine consultation in September • Protection of fishing vessels in storms (areas for storage) • Climate change Draft Strategy and action plan: coastal zone strategy and action plan (sectoral components) www.climatechange.govt.lc (resources) • Chief Physical Planning is part of national climate change committee (co-opted if needed) • GIS risk maps o Climate modelling; o geospatial/DVRP o sea level rise mapping (TORs for Geodata staff) o Bathymetry data; northeast coastal; CEFAS providing assistance August, 2018 Final edit November 2018 196 FINAL REGIONAL SESA FOR OECS CROP o Lydar information/regional components • Surveys and mapping needed for spatial planning o NEMO has available risk maps, satellite imagery 2012/2014 o Ecosystem maps 2004 Economic affairs dept • Working on project with CDB to improve planning process for better planning in PSIP • Net present value of projects; measured approach to change; • Sensitize public sector • Use World Bank climate assessment tool Question: what is the meaning of Public participation? Answer from participants: • Having a voice; airing concerns • All levels, government and private sector • Not information sharing; public participation not an event • Access to information; timing, feedback, recourse • Monitoring and evaluation on the principles • Consultations for climate change held with permanent secretaries, ministers; public/private sector policy • Private sector under-represented in consultations; need private sector strategy for climate change; • NGOs, CBOs etc involved in consultations but less from private sector • Journalists, artists (calypsonians) • Need to involve ministers, permanent secretaries and deputies • Developing National Environmental Information Management System • Biodiversity project; took decision makers into the environment • SDG Process – civil society engaged; what they see as the key SDGs for their sector; priorities for the country; • MEA project – open data policy adopted by Government; as result need a)more information on environment, b) capacity building and c) environmental education • Climate change bill, environment bill in final stages of finalizing for promulgation in August 2018. Attorney General involved in process o Specific provisions for public participation and information • 1998 Cabinet committee endorsed by not in legislation; new legislation will recognize committees endorsed and promulgated by 2019 197 FINAL REGIONAL SESA FOR OECS CROP • CDB conducting training assistance on project cycle management, public policy analysis and management training o How to identify stakeholders and involve them in the process • Endorsed by Government: coalition of civil society and NGOs o Non-government actors involvement in decision making process o VISION OF COALITION: fully engaged as equal partners in sustainable development with government and private sector o Launch July 31st 2018 • Access and benefit sharing biodiversity project; biodiversity used for product development: o Obligations under Nagoya Protocol o MOU between Forestry Division and Caribbean doctors association to get venom from a snake in St Lucia for medical uses/research • IMF report June 2018: recommendations for coastal and marine sectors o [medium term development strategy] 198 FINAL REGIONAL SESA FOR OECS CROP August, 2018 Final edit November 2018 199 FINAL REGIONAL SESA FOR OECS CROP 200 FINAL REGIONAL SESA FOR OECS CROP ANNEX VII St Vincent & the Grenadines Stakeholder Consultation July 25, 2018 SITUATION & STAKEHOLDER ANALYSIS REGIONAL STRATEGIC ENVIRONMENTAL & SOCIAL ASSESSMENT OECS CARIBBEAN REGIONAL OCEANSCAPE PROJECT 9:00 am Welcome, Introductions 9:10 am Overview on OECS Caribbean Regional Oceanscape Project 9:30 am Framework of Analysis, Key Concepts, Synthesis of Key Findings 10:10 am Environmental & Social Issues for Marine Spatial Planning & Coastal Master Plans; Best Practices and Lessons Learnt 10:30 am Gaps and Priority Areas for Action 11:00 am Framework for Public Participation Plan Close at 12 noon (refreshments) (Consultation started late about 9:30am; awaiting arrival of participants) Introduction by Mr Johnson – National Focal Point • Awaiting approval from Cabinet for formation of National Ocean Governance Committee • Final National Ocean Policy • National Fisheries and Aquaculture Policy Remarks by Mr David Robin – Head OECS Oceans Govenance and Fisheries Unit • Brief overview on CROP (project already launched in St. Vincent) Power Point Presentation – Consultant, Dr Valma Jessamy, • Results of Literature Review for Sitution and Stakeholder Analysis • Discussions on legal framework for Public Participation Plan o St Vincent Freedom of Information Act not entered into force August, 2018 Final edit November 2018 201 FINAL REGIONAL SESA FOR OECS CROP 202 FINAL REGIONAL SESA FOR OECS CROP 203 FINAL REGIONAL SESA FOR OECS CROP ANNEX IV September 20, 2018 Regional Consultation – Situation and Stakeholder Analysis, Priority Selection [Zoom meeting 9:00am – 1:00pm] 1. Introductions by Mr David Robin, Head OECS Oceans Governance and Fisheries Unit 2. Introduction of Participants from Member States, OECS, CRFM, World Bank (see participant list attached) 3. Presentation by consultant: Key findings of Situation and Stakeholder Analysis (see power point) 4. Comments on presentation of situation and stakeholder analysis by participants: Participant from Grenada (Ian Noel – OECS Focal person on Oceans Governance Committee): • Clarification provided, Maritime Administration is separated legally from the management of Grenada Ports Authority although the same person functions in both roles (Carl Felix – Director of Maritime Affairs) Participant from Montserrat: • Oceans Governance o What is national priority? o Should take into consideration other activities o What is the priority of each member of the committee o Modelling needed from the regional ocean governance committee all the way down to the national • Fisheries, Data o How accurate is information? o Are we going to take this into consideration/climate change, invasive species? o We are using literature that is questionable o Academia doing research; how accurate is the information? o Need for knowledge sharing World Bank Environmental Specialist: • Very comprehensive overview • General observations: o Common strategy across countries 204 FINAL REGIONAL SESA FOR OECS CROP o Focus on low hanging fruits/no brainers, policy change that can create early wins for the project [CROP] o Best practices sharing and adoption; knowledge products needed o Institutional strengthening o Barriers to implementing existing regulations, habitat protection policies o Fish stock assessment on a regional basis o Tourism sector not pulling their weight; opportunities to engage better World Bank Safeguard Specialist (Ramon): • Important information on the Kalinago people in Dominica • Recommendations for future action • Discrepancies [between perceived and existing governance framework] want to clarify that; • Safe guard; more robust analysis required • Involuntary resettlement policy o Pre-caution; protected areas, coastal or marine, that may inhibit access to people • Process framework • Grievance redress mechanism o PPU, information officer/ministry (freedom of information act) o Grievance register for the project; part of the responses for social impact (TOR) Caribbean Regional Fisheries Mechanism (CRFM) – Dr Singh: • Fisheries is a sector not often given priority attention • There is low investment in the industry • Policies are not implemented • Need holistic approach to get attention; linkages to other sectors e.g tourism • Fish stock assessment needed o Progress is slow o Information systems needed to produce quantitative assessment reports • When it reaches management level social and economic issues to be considered o Decision making, ideal trade-off o Decision support systems; trade-off scenarios o There are challenges with information base OECS Comments: • Time constraints to complete assignment • Need feedback and comments from stakeholders on situation analysis and priority selection by September 20th; • Feedback to be provided to OECS Commission who will then pass on to consultant. 205 FINAL REGIONAL SESA FOR OECS CROP • NOTE: limited documentation, no maps of Kalinago Territory in Dominica • Robust participation needed; ocean governance committees to be established in member states; • Follow categories of stakeholders for consultations; • Review questions, legal input from various sectors/coordination needed • E.g SVG 29 agencies, 44 pieces of legislation Dominica participant: • Clarification needed: elaborate on reviewing basic legislation with garbage etc; no commercial fishers/small scale fishers mainly World Bank Specialist: • Robust gap analysis needed o Government owned lands and squatting; Land title o Involuntary resettlement assistance (informal settlements and squatters) o Compensation; World Bank safeguards supersedes local requirements (as it relates to the project) 206 FINAL REGIONAL SESA FOR OECS CROP NAME TITLE E-MAIL ADDRESS SESA SESSION (Country Stakeholders Via Video Conference – September 20, 2018) Calvin Samuel Anguilla, OECS Oceans Governance Team Janil Vanterpool BVI Mervin Hastings BVI, OECS Oceans Governance Team Dominica, Department of Fisheries & OECS Riviere Sebastien Oceans Governance Team Steven George GND Deryck Ramkhelawan Ministry of Health, GND Ian Noel Grenada, OECS Oceans Governance Team I. Radix Allene Fonteen Montserrat, OECS Oceans Governance Team Solomon Powell Department of Maritime Affairs, SKN Nigel Williams Department of Maritime Affairs, SKN Ticoya Conner Department of Maritime Affairs, SKN Hyrone Johnson SVG, OECS Oceans Governance Team Chevanev Charles Maritime Affairs, SVG Annette Leo Sustainable Development Department, SLU Lavina Alexander Sustainable Development Department, SLU Cletus Thomas Customs & Excise, SLU Kerwin John Saint Lucia Air and Sea Ports Sharm-ion Henry Saint Lucia Royal Police Force Tricia Cypal Legal Drafter, SLU Allena Joseph Department of Fisheries, SLU Jasmine Weekes Physical Planning, SLU Nehemiah Charles Operations Officer, SLU Donette Charlery Economic Development Department, SLU Shirlene Simons-Jones Saint Lucia National Trust Maier Sifflet Sustainable Development Department, SLU Suzanna Aurelien Physical Planning Department, SLU Sylvanus Davis Director of Sea Ports, SLU Susan Singh-Renton CRFM WORLD BANK Sylvia Michele Diez Senior Environmental Specialist, Project Team sdiez@worldbank.org Leader Vinicius Lima Moura Senior Procurement Specialist vmoura@worldbank.orgv Jorge Barbosa Ocean Consultant Jbarbosa2@worldbank.org Arun Manuja Senior Financial Management Specialist amanuja@worldbank.orga Andrew Francis Drumm Environment Safeguards Specialist adrumm@worldbank.org s Ramon Anria Operations Analyst for Social Safeguards ranria@worldbank.org 207 FINAL REGIONAL SESA FOR OECS CROP 208