November 29, 2020

Proposed marine conservation law to limit board tenures and protect stingrays

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692 Guy HarveyThe following is an amendment planned for the Marine Conservation Law to protect Cayman’s stingrays that includes a three year limit for the directors appointed to the board

Supplement No.1 published with Extraordinary Gazette No. 16 dated 20 February 2013

A BILL FOR A LAW TO AMEND THE MARINE CONSERVATION LAW (2007 REVISION) TO MAKE CERTAIN CHANGES IN RELATION TO RAYS; TO LIMIT THE TENURE OF OFFICE OF MEMBERS OF THE MARINE CONSERVATION BOARD TO THREE YEARS; AND FOR INCIDENTAL AND CONNECTED PURPOSES

The Marine Conservation (Amendment) Bill, 2013

Marine-Park-sign-Cayman-IslandsTHE MARINE CONSERVATION (AMENDMENT) BILL, 2013

MEMORANDUM OF OBJECTS AND REASONS

The purpose of this Bill is to amend the Marine Conservation Law (2007 Revision)

Clause 1 contains the short title.

Clause 2 inserts a definition of “ray”. This is with a view to including those rays as species that are subject to the prohibition in section 6(5) of the principal Law, to which the rays are added under clause 4.

Clauses 3 introduces certain changes in relation to the tenure of members of the Marine Conservation Board. Under the existing Law, members are appointed by the Governor in Cabinet and hold office at the pleasure of the appointing authority. This clause creates a term limit of three years but subject to earlier termination in the circumstances set out in that clause.

Clause 4 makes the addition referred to in relation to rays.

THE MARINE CONSERVATION (AMENDMENT) BILL, 2013 ARRANGEMENT OF CLAUSES

1. Short title

2. Amendment of section 2 of the Marine Conservation Law (2007 Revision) -definitions

3. Amendment of section 3 of section 3 of the principal Law – Marine Conservation Board

4. Amendment of section 6 – closed seasons and bans – lobsters, conch and Nassau groupers

CAYMAN ISLANDS

A BILL FOR A LAW TO AMEND THE MARINE CONSERVATION LAW (2007 REVISION) TO MAKE CERTAIN CHANGES IN RELATION TO RAYS; TO LIMIT THE TENURE OF OFFICE OF MEMBERS OF THE MARINE CONSERVATION BOARD TO THREE YEARS; AND FOR INCIDENTAL AND CONNECTED PURPOSES

Enacted by the Legislature of the Cayman Islands.

1. This Law may be cited as the Marine Conservation (Amendment) Law, 2013.

Short title

2. The Marine Conservation Law (2007 Revision), in this Law referred to as

the “principal Law”, is amended in section 2 by inserting, in the appropriate alphabetical sequence, the following definition –

“ “ray” means –

(a) the Southern Stingray (Dasyatis americana);

(b) Eagle Ray (Aetobatus narinari); or

(c) Manta Ray (Manta birostris),

in the order of Myliobatiformes;”.

Amendment of section 2 of the Marine Conservation Law (2007 Revision)

3. The principal Law is amended in section 3 as follows –

(a) in subsection (1) by deleting the words “at the pleasure of the Governor” and substituting the words “for three years”; and

(b) by inserting after subsection (1) the following subsections –

“     (1A) A member of the Board may at any time, by notice in writing addressed to the Governor, resign his membership.

(1B) The Governor may, in his discretion, terminate the appointment of any member of the Board and shall terminate the appointment of any member of the Board if he is satisfied that –

(a) the member has been absent from any three out of five consecutive meetings of the Board without the prior written consent of the Chairman;

(b) the member has been adjudged bankrupt;

(c) the member is incapacitated by reason of physical or mental illness;

(d) the member is otherwise unable or unfit to discharge the functions of member; or

(e) such termination is in the public interest.

(1C) Where a member of a Board ceases to be a member before the normal expiration of his office, the Governor may appoint another person qualifying for that appointment to hold that office until the time that member’s office would have expired.

(1D) As soon as practicable after the entry into force of the Marine Conservation (Amendment) Law, 2013, the Governor shall, notwithstanding any terms and conditions of appointment of any member of the Board, dissolve the Board existing at that time and appoint a new Board under this section and may re-appoint any member of the old Board.”.

Amendment of section 3 of the principal Law – Marine Conservation Board

4. The principal Law is amended in section 6 by repealing subsection (5) and substituting the following subsection –

“(5) Whoever, in Cayman waters, takes, injures or has in his possession –

(a) chitons;

(b) periwinkles

(c) bleeding teeth; or

(d) rays,

taken from Cayman waters is guilty of an offence.”

Amendment of section 6 – closed seasons and bans – lobsters, conch and Nassau groupers

Passed by the Legislative Assembly the     day of             ,2013.

Speaker.

Clerk of the Legislative Assembly.

End

The foregoing Amendment Bill will be presented to the Legislative Assembly (LA) at its (probable) final sitting.

Amazingly, (or probably not so amazingly going on past history) it will not include any changes to the current marine park zones despite the urgent need to update the parks in order to increase the protection for local marine life.

It seems the “world is flat” syndrome is implanted in our MLA’s.

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