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Grenada Biodiversity Legislation Sandra Nichols Project Team includes Professor John Knechtle, Sandra Nichols, Justin Grenada Biodiversity Legislation Sandra Nichols Project Team includes Professor John Knechtle, Sandra Nichols, Justin Sobion, and Keith Friday

Introduction w Grenada contacted OECS for assistance in drafting a biodiversity coordination framework bill Introduction w Grenada contacted OECS for assistance in drafting a biodiversity coordination framework bill w Intent of the project was to provide an institutional structure for coordinating all aspects of biodiversity in Grenada and implement MEAs

Process w Reviewed academic literature w Reviewed requirements of MEAs w Reviewed relevant model Process w Reviewed academic literature w Reviewed requirements of MEAs w Reviewed relevant model and draft laws w Included gaps identified such as listing certain species and giving authority for co-management arrangements w Consulted technical agency personnel, ministries, other stakeholders w Considered how to work within existing legal structure of Grenada

Approach for New Legislation w Wanted to improve coordination and sharing of information w Approach for New Legislation w Wanted to improve coordination and sharing of information w Reinforce existing authority w Avoid creation of duplicative institutions by folding these new authorities into existing structures

Originally proposed two laws w Environment and Biodiversity Coordinating Committee w One structure to Originally proposed two laws w Environment and Biodiversity Coordinating Committee w One structure to build on the existing Environmental Committee based in the environmental unit w To coordinate CITES, CBD, St. George’s Declaration, Biosafety etc.

Second Bill w Another structure to build on the existing committee based in the Second Bill w Another structure to build on the existing committee based in the physical planning department currently responsible for national land use planning and EIA w Decided that EIA provisions belong as amendment to the Physical Planning Act and thus that PAs should be included in the coordinating committee for other biodiversity issues w This Act does not need to determine who the Protected Areas Authority is, only where the national-level PA responsibilities should be -- Land Use Division of Ministry of Ag?

Structure of the EBCC w Meant to include all authorities with an interest in Structure of the EBCC w Meant to include all authorities with an interest in biodiversity w Focus on including technical personnel with handson knowledge w Subcommittees for certain aspects of diversity w PA committee w Scientific Subcommittee (required by CITES) w Potential for others

Biodiversity Responsibilities Generally w EBCC will coordinate all aspects of biodiversity w EBCC will Biodiversity Responsibilities Generally w EBCC will coordinate all aspects of biodiversity w EBCC will develop a strategy and plan for meeting the requirements of the Act and MEA requirements w Make recommendations on legislation as needed w Authority to promulgate regulations

Biosafety w Living (genetically) modified organisms - LMOs w Oversight and policy development role Biosafety w Living (genetically) modified organisms - LMOs w Oversight and policy development role

Data Management w EBCC will direct the gathering of information to meet MEA requirements Data Management w EBCC will direct the gathering of information to meet MEA requirements w And gather information on: w Watersheds w Wildlife (includes plants & animals) populations and habitats w Educate the public

Protected Areas w The more authority granted to resource department-level institutions (I. e. forestry, Protected Areas w The more authority granted to resource department-level institutions (I. e. forestry, fisheries etc. , as a committee or independently), the more they can accomplish regardless of political buy-in w I. e. if one ministry can approve the PA system plan, cabinet cannot hold it up w I. e. if agencies have authority to delegate management, they can choose comanagement arrangements

Protected Areas w Opportunity to preserve and most-actively protect and manage biodiversity w Also, Protected Areas w Opportunity to preserve and most-actively protect and manage biodiversity w Also, tourism and development w Decisions regarding protected areas are entwined with decisions regarding other MEA obligations w Our approach is for the PA system to be one of the coordinating roles of the EBCC with management by resource agencies

Protected Areas Cont’d w Committee would coordinate national, long-term planning for PAs w Would Protected Areas Cont’d w Committee would coordinate national, long-term planning for PAs w Would set standards for management plans w Set compliance and enforcement procedures and standards

Species Management w Listing and recovery planning for species w Setting standards for permitting Species Management w Listing and recovery planning for species w Setting standards for permitting w Oversight of permitting

Trade in Species w Species listed for protection by the CITES secretariat w Control Trade in Species w Species listed for protection by the CITES secretariat w Control of trade of species for conservation purposes w Permitting, registration

Compliance and Enforcement w Directing research and monitoring w Oversight of policy and legislative Compliance and Enforcement w Directing research and monitoring w Oversight of policy and legislative recommendations for enforcement w Oversight of policy and legislative recommendations for penalties and offenses

Questions for Discussion related to PAs w Which institution should be responsible for the Questions for Discussion related to PAs w Which institution should be responsible for the management planning nationally? w Should the same institution manage and plan for each PA? w Which ministry should host the EBCC? w Should we organize an event to educate Cabinet about these issues?

Thank You Sandra Nichols, Staff Attorney The Environmental Law Institute Washington, DC Nichols@eli. org Thank You Sandra Nichols, Staff Attorney The Environmental Law Institute Washington, DC [email protected] org