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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 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 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 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 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 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 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 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
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, 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, 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 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 w Oversight of permitting
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 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 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