St. Maarten Private Eye

This is the letter sent by the Anguilla National Trust to the Planning Department.

PLANNING OUTLINE APPLICATION COMMENTS

Preservation for Generations

Date: 15 December 2006

From: Anguilla National Trust

To: Land Development Control Committee

Re: Planning Application 06/0580

Comments based on the submitted application for the proposed construction of a dolphin pool at Sandy Ground (Block 08412B 181) are contained herein.

General Comments

Despite the fact that the company is already in operation, careful consideration still needs to be given to ensure that development initiatives are sustainable and that they do not harm or irreversibly degrade the natural and social environment in which they operate. While this proposed development is not as large- scale as other recently proposed projects, a conscious effort must be made to maintain the ecological integrity of the proposed development site and to place as little stress on the animals that will be housed within it.

The ANT would like to state that when first approached by the Government f Anguilla several years ago to comment on the establishment of a dophinarium in Anguilla, the Anguilla National Trust noted that as an organisation that seeks to preserve and promote natural heritage, it would be unable and unwilling to grant full support for the initiative/venture. Issues relating to water quality, animal health and welfare, and general concerns about the ethics of capturing wild and intelligent animals and using them for entertainment purposes were among the reasons cited for the Trust’s position.

The Anguilla National Trust understands that Dolphin Fantaseas Anguilla currently operates from Meads Bay and that the company is seeking to relocate to Sandy Ground. The Trust still does not support the company’s operations, but given that approval has been granted for a dolphinarium to exist on the island, the ANT submits the following comments and recommendations.

As is standard with any coastal and major development initiative, the Applicant must be required to produce a detailed Environmental Impact Statement/Assessment (EIS/EIA) (which includes a socioeconomic component) prior to initiation of any construction activity.

> The objectives of the environmental impact assessment should include,

inter alia:

i. A review of the proposed dolphinarium and a description of its location, extent, and design; ii. An overview of the historic and natural environment of the proposed development site that may be affected by development and operational activities; iii. An assessment of any environmental impacts associated with the development’s design, construction, and/or operation; iv. A description of mitigation measures which could be implemented in order to avoid, reduce, or remedy significant adverse effects; v. A proposal for environmental enhancements where appropriate; and vi. A review of residual impacts and specification of their short-and long-term effects and significance.

That is, this EIA should involve an assessment of potential terrestrial, coastal, and marine impacts as well as detailed surveys of these important ecosystems and should take into account inter alia the issues and concerns listed below and measures that will be used to mitigate them. If mitigation is not possible for this site, then an alternative location should be proposed.

NB

This application does not provide sufficient information for in-depth analysis and recommendations.

Natural Environment Issues

Location

According to the blueprints provided within the Application for Planning Permission, it appears as though the dolphin pool extends into the water along the southwest shore of Road Bay. The blueprints also indicate that the pool will be located close to the cliff line. The stability of these cliffs must be assessed in terms of the severity of potential landslides especially during heavy storms and hurricanes and the possible impacts such landslides could have on the water quality of the marine area adjacent to the dolphinarium as well as on the actual pool structure and in turn, on the dolphins that will be housed within the pool.

The impacts of coastal development initiatives occurring on the beach (for example, resort developments, housing development, use of septic tanks, grey water runoff including that from roads etc) on the dolphin pool must also be assessed and included within the EIA.

Construction Material

According to the Description of the Process included within the Application for Planning Permission, the Applicant states that construction of the pool is a two-stage process that involves the installation of treated wood pine poles into the seabed followed by the construction of a walkway (over the poles). No clear description of the fencing that will be used to enclose the pool area has been included. The mesh size of the fence and the material used to construct it must be defined. The potential impact that the pool with its fencing and poles has on water movement and the natural flushing system must also be determined.

Currents, Ground Seas, and Sand Displacement

Studies indicate that currents flow in a northeast-southwest direction across the island. Road Bay is also subject to ground seas. The impact of both currents and ground seas on the movement of sand along the Bay and between bays along Anguilla’s shoreline should be assessed and the impact of the possible movement of sand from the northeast side of the Bay to the southwest portion (where the dolphin pool has been proposed) must be analysed and included within the EIA. Strong wave action that is associated with ground seas must also be assessed and measures must be taken to ensure that the structure is flexible enough to handle the associated pressures and stresses.

Storms and Hurricanes

In the past, the impacts of strong storms and hurricanes in terms of wave action and wind on Anguilla and on Road Bay have been significant – the narrow strip of land that defines the Sandy Ground community and beach that lines the Bay have been breached by the sea and the area has been devastated by storm-and hurricane-related flooding. With storms and hurricanes expected to become stronger and more frequent, the impact of such weather systems on the dolphin pool structure and on the dolphins themselves must be determined especially considering that Road Bay is relatively wide and unsheltered. Such information along with climate change mitigation measures should be included in the EIA.

Biodiversity Assessment

A comprehensive biodiversity assessment (flora and fauna) of the Bay should be conducted as part of the EIA.

Pollution

The EIA should include the effects of faecal waste and other matters produced by the dolphins and operational activities on the water quality of the marine area directly adjacent to the dolphin pool as well as within the entire Bay. Although a letter written to the Department of Physical Planning by Dolphin Fantaseas (5 December 2006) indicates that a water treatment plan had been submitted, no copy was enclosed within the Application for Planning Permission and thus no comments can be made on this plan.

More of a concern, however, is the current water quality of the Bay. Anecdotal evidence indicates that the Bay is severely polluted and that sources of pollution may include the sewage tanks from yachts, oil and gas spills from boats that pass through and/or are moored in the area, and from the large container ships that use the Sandy Ground Jetty (close to the Customs and Immigration

site) for the off-loading of goods.

Water quality of the Bay, particularly in the area of the proposed dolphin pool, must be measured and the findings should play an integral role in determining whether it will compromise or negatively affect the health of the dolphins (and the humans that will be swimming with them).

Noise pollution from boats and yachts using the area – on “regular” days as well as during boat races – is also a serious concern. Noise not only travels much farther but is also amplified under water. With a new cruise line visiting the island and using Road Bay as a docking point means that more small boats and single-engine dinghies will be using the Bay. Road Bay, apart from Crocus Bay, is also one of the only legal over-night mooring areas for yachts and the only jetty/dock that used by larger commercial freighters is currently situated there. Boat traffic is significant and constant (and at times, extraordinary – for example, on boat race days) and will undoubtedly have an effect on the dolphins that will be housed there (as per the proposed Application) and this must be seriously considered when this Application (and the EIA) is reviewed. Possible mitigation measures may include re-locating the proposed dolphin pool to another Bay, creating an on-land pool, or closing/suspending the entire operation.

Social and Cultural Issues

According to the letter addressed to the Department of Physical Planning from Dolphin Fantaseas (5 September 2006), “the proposed project will not affect access for local citizens and/or tourists as all will be able to traverse the beach area between [the] leased land portion and proposed marine section”. Beach access has become a contentious issue and it must be guaranteed not only for the actual sandy area of the beach but also of the cliffs that line the western side of the Bay.

Anecdotal evidence also suggests that this portion of the beach is used by locals as a swimming area and thus construction of a dolphin pool will prevent this activity from continuing at this particular location.

Moreover, a path leading from South Hill to the beach through the brush down the western cliff is also used by locals and this access way must be kept open for use.

Other Comments

As mentioned earlier, the purpose of an EIA is to determine the impacts and implications of a development initiative on the natural and social environment as well as to identify the mitigation measures that can be applied to minimise those impacts. If proposed mitigation measures are not possible or are not effective, then alternative options and/or locations must be considered. With regards to this specific project, potential impacts may be felt both on the pool’s surrounding area (terrestrial and marine) as well as on the dolphins themselves. The Anguilla National Trust focuses its efforts on promoting and conserving Anguilla’s natural, historical, and cultural resources. The concerns that the Trust had expressed when the company first started operating in Anguilla still exist today. Clearly, economic growth (and to an extent, diversification, in this case) is a priority for Anguilla. Concern, however, for the natural environment and the resources and organisms that are exploited to sustain and promote such growth must also be given due consideration. The ANT recommends that an EIA be conducted for the proposed initiative and that if the mitigation measures cannot adequately address the concerns of the stakeholders, then either an alternative location for the operation should be sought or the venture should be terminated entirely.

Additional Questions & Concerns

Effect of Jetties on Beach/Sea Floor

The effect of the jetties on the surrounding beach and on the sea floor demands that the effect of these jetties on the beach/sea floor be given top priority. In light of this, the ANT would suggest that perhaps some form of modeling be required so as to facilitate the development of mitigating measures in the event that permission is granted.

Privatization of Sea

There are serious issues presently in Anguilla with regards to beach access and land alienation. The ANT is extremely concerned that the development of this dolphinarium in the sea is tantamount to privatization of the sea; and could be the commencement of a precedent that the Government of Anguilla is unable to handle in the future. This social issue must be seriously weighed before any decision is made. Furthermore, should permission be granted, legally mandated beach access should be provided for the public’s continued use and enjoyment of the beach in this area.

Disposal of Dolphin Waste

Our research indicates that requests for the establishment of similar dolphinariums in other Caribbean islands have been rejected because of the issue surrounding how dolphin waste be handled. Given the fact that the dolphinarium will now be in the sea, we must seriously consider how this waste will be handled. The ANT suggests that no effort should be spared in ensuring that an effective and environmentally conscious strategy be employed to deal with the dolphin waste.

Currents

Road Bay is currently being kept clean by a counter-clockwise current running from Mariner’s around to the Pumphouse. With the construction of these structures in the sea, consideration must be given to the effect of the jetties on this current. Serious thought must also be given to how they

(jetties) will impact the quantity and quality of waste on the beach that could come about as a result in the shift of these currents or the impact on the currents from the construction of the jetties.

Anguilla Youth Sailing Club

As we are faced with a need for a greater focus on social development in general and youth development in particular, the application process must given credence to the existence of the Anguilla Youth Sailing Club which has the front of Mariner’s as the only open water area where they can teach sailing to children. Given the value of this organisation and its significance to the overall social development to the island, the construction of these jetties and establishment of the dolphinarium in this area must also weigh the potential displacement of the Sailing Club. Additionally, the health of the children and the impact of the sailing school on the dolphinarium should also be considered.

Anguilla National Trust 15 December 2006

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Submitted by Flipper on Tue, 2007-06-12 01:39.