V2.1

National Conservation Law (2013): section 17 (7)

Interim Directive for the designation of Critical Habitat of Green turtles (Chelonia mydas), Loggerhead turtles (Caretta caretta), Hawksbill turtles (Eretmochelys imbricata), Leatherback turtles (Dermochelys coriacea) and all other species that may occur in Cayman waters including Kemp’s Ridley turtles (Lepidochelys kempii) and hybrids

Issued in accordance with Section 17 (7) of the National Conservation Law (2013)

Background:

All sea turtles covered by this Interim Directive are listed on Part 1: Schedule 1 of the National Conservation Law (2013) (NCL).

Through 20 years of monitoring, the Department of Environment (DoE) has documented severe threats to the survival and potential recovery of nesting populations. Habitat loss and disturbance associated with development, including the effects of artificial lighting, are significant threats.

The DoE on behalf of the National Conservation Council (NCC) is consulted on development applications under section 41 of the NCL. However, in the absence of adopted critical habitat, the NCC can only issue non-binding recommendations. These recommendations seek to minimize and/or mitigate the effects of development on the critical habitat of endangered sea turtle nesting populations. However, these recommendations are not always followed, with some developments in high density nesting areas, referred to as critical habitat, having no or limited turtle nesting beach conditions attached to their planning permission by the Central Planning Authority. Additionally, conditions that are imposed are not always reflective of the wording recommended by the DoE and their enforcement falls under the Development & Planning Law. The designation of critical habitat allows for the NCC to direct the wording of planning conditions and enforce compliance under the NCL.

The Council takes note that the Department has drafted a Conservation Plan for sea turtles, but that adoption of the Plan has been delayed. The Conservation Plan for sea turtles requires designation of critical habitat on all three islands. However, the Interim Directive relates only to critical habitat on Grand Cayman, where the threats associated with development are greatest due to Grand Cayman having the highest volume of development proposals.

Section 17(7) of the National Conservation Law provides that until such time as a Conservation Plan has been adopted for a protected species the Council may, on the advice of the Director, make such interim directives as may be urgently required for the immediate protection of that species, including the prohibition of hunting or collecting of specimens and disturbance of its critical habitat. The Director has advised, and Council agrees, that the continued threats caused by development cannot be satisfactorily mitigated through ‘recommendations’ issued by the NCC to the Central Planning Authority. The inconsistent adherence to these recommendations creates a continued threat to the survival of sea turtles nesting and hatching on Cayman’s beaches. Most notably a recent planning application with narrow development setbacks is likely to encroach onto a high density nesting areas and this immediate

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V2.1 threat cannot be appropriately mitigated or minimised if the recommendations of the NCC, outlined in section 41 consultation feedback to the Central Planning Authority, are not followed. Additionally, conditions that are imposed are not always reflective of the wording recommended by the DoE and their enforcement falls under the Development & Planning Law. The designation of critical habitat allows for the NCC to direct the wording of planning conditions and enforce compliance under the NCL.

Against this background, the issuance of an interim directive for the immediate designation of critical habitat for sea turtles is justified.

Interim Protection Measures

On the advice of the Director, and in consideration of the fact that there is an urgent need to immediately protect the highest density nesting areas of this species from ongoing threats associated with new development, this Interim Directive identifies critical habitat for sea turtle nesting populations on Grand Cayman. This Directive shall remain in force until such time as a Conservation Plan for Sea turtles has been adopted under NCL s. 17(6).

The designation of critical habitat is defined as follows:

(i) Beaches which have had the highest density of turtle nesting over the DoE’s monitoring period (1998-2018). In Grand Cayman, this would result in 7.01 miles of beach being defined as critical habitat and would provide an enhanced level of protection for approximately 90% of turtle nests on the island. (ii) The width of critical habitat is the sea turtle nesting habitat from the low water mark to the vegetation line (defined as the line of woody/permanent vegetation or the closest impermeable structure). (iii) The purpose of designating sea turtle critical habitat is to create zones for special protection of nesting turtles. Maps designating sea turtle critical habitat may be updated every 5 years to designate or remove areas as appropriate. For location and extent of critical habitat in Grand Cayman see the attached map.

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GRAND CAYMAN - CRITICAL HABITAT FOR MARINE TURTLES

MAP 1

Conch Point

MAP 2 Spanish Bay BARKERS MOUNT PLEASANT Palmetto Point Vidal Cay BOATSWAINS BAY The Shores Stingray City

HELL BATABANO Morgan's Harbour Stingray City MAP 17 Fisherman's Rock Sandbar Rum Point Cayman Kai North West Point Public Beach Little Salt Creek MAP 3 Cemetery Beach Sand Point Salt Creek Bowse Bluff Finger Cay WEST BAY MAP 14 Water Cay BOWSE LAND MAP 13 Kaibo MAP 16 Spotter Bay MAP 4 Governor's Harbour MAP 15

S Queen's Highway Monument e v Brinkleys Hutland e Crystal Harbour n MORASS M NORTH SOUND OLD MAN BAY i SALINA l e North Sound Club Golf Course FURTHER GROUND Colliers

MAP 5 B

e

a c

h Little Sound

SNUG HARBOUR NORTH SIDE Booby Cay EAST END Britannia Golf Course Camana Bay FRANK SOUND Queen Elizabeth II Botanic Park Gun Bay MAP 6 Waste Management Facility Duck Pond Cay BODDEN TOWN Industrial Park Lighthouse Midland Acres RACKLEYS Breakers Frank Sound GEORGE TOWN Harbour House Marina North Sound Estates High Rock q® Patrick's Island Blow Holes TROPICAL GARDENS GRAND HARBOUR NEWLANDS HALFWAY POND MAP 12 RED BAY Pease Bay Jackson Point Prospect LOWER VALLEY Smith Cove SOUTH SOUND d oun Spotts th S SAVANNAH MAP 7 Sou Prospect Point Pedro Castle Sand Cay MAP 9 MAP 8 Beach Bay MAP 11 MAP 10

Marine Turtle Critical Habitat

0 1 2 3 4 5

Miles Created By: Dept. of Environment, Cayman Islands Govt. July 2020 ± MAP 1

8A125

Vizcaya

Conch Pointe Beach Resort

3D23

Conch Pointe Apartments SEAFAR SPANISH BAY REEF RESORT

Paradise Point

Critical Habitat

0 250 500 750 Birch Tree Hill Apartments Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 2

1C63

1C32

Teacher Al-Al Park

Critical Habitat

0 100 200 300

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 Capt Charlie's Guest House MAP 3

Regal Court Seawalk

Anchorage View

5B178 Hammock Cove West Bay Public Beach

Eagles Nest 2 B.O. Ebanks Ltd.

Alfresco John Gray Memorial United Church

Church of God Full Gospel Hall Cayman Bakery Limited West Bay MLA Office Centennial Towers

5B141 Four Winds Esso Service Centre Foster's Food Fair Heritage Square Powell's Museum

5B158 Nautilus Cottage Nautilus Apartments

5C322

Critical Habitat

0 100 200 300 400 500

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 B.O. Ebanks Ltd. Heart of Cayman MAP 4

Foster's Food Fair Leslor Manor Sundial Condominiums

Bothwell's Preschool

Bevandale Island Weddings

5C151 Beach Lane Wind Song Apartments Sandy Lane

West Bay Fire Station Coconut Walk

Seabreeze Drifter's Cove

Silver Sands

Aqua Bay Club The Palms

Les Suites The Discovery Point Club The Christopher Columbus Villa Royale

The Anchorage

Mandalay The Commonwealth

London House

The Renaissance

The Heritage Club

White Sands Condominiums

Sundowner

11B96

Foster Bay Villas

Critical Habitat Tiki Beach

0 500 1,000 1,500 Kimpton Seafire Feet Coccoloba Bar & Grill Created By: Dept. of Environment, Cayman Islands Govt. ± Seafire Residences July 2020 Kimpton Seafire Olivia's Cove Safe Harbour Coccoloba Bar & Grill MAP 5 Viscaya

Seafire Residences The Residences at Magellan Villa A Columander Court The Residences at Magellan Villa B Alley Point Strata Summerwinds Chirn Park Strata Magellan Circle - East Magellan Circle - West SEASALT VILLAS TWO SEASALT VILLAS ONE

Calico Jack's

RBS Coutts Little Haven

Biscayne Courts 11B9 Harbour Heights Trafalgar Place

The Avalon La Dolce Vita Admiral's Retreat Governors Sound Coldwell Banker Cayman Islands Realty

Governor's Sound Limited The Great House Coldwell Banker Cayman Property Management

Plantana Cayman Water Authority Cayman Water Company Ltd.

11D31 The Pinnacle

Lime Tree Bay Cost U Less Governor's Square

Government House The Waterways Leeward Two Leeward Three Regatta Office Park Safehaven Ltd. Leeward Four Critical Habitat Leeward One Westin Casuarina Resort & Spa 0 250 500 750 1,000 Cayman Falls Feet Created By: Dept. of Environment, Cayman Islands Govt. ± Sunshine Grill July 2020 Sunshine Suites Fidelity Financial Centre Caswell Arms Apartments MAP 6 12E63 The Cayman Club

The Sovereign Galleria Plaza

Esso 12E17 Burger King West Indian Club

Coral Apartments Royal Palms Beach Resort Reef Grill at the Royal Palms

Island Pine Villas Seagull

Cayman Reef Resort West Shore Centre

Wendy's Riviera Acres

Cayman Sands Village

Laguna Del Mar Texaco Star Mart

The Marquee Pizza Hut

Regal Beach Club Aqua Beach Restaurant & Bar

Marriott Resort

Heritage & Hinton Ltd. South Bay Beach Club Comfort Suites Stinger's Bar & Restaurant Tamarind Bay Andy's Rent-A-Car, Ltd.

7 Mile Beach Resort & Club Jasmine Villa

Plantation Village Beach Resort

Crescent Point Resort

Billy Bones Margaritaville

Treasure Island Condos

Treasure Island Critical Habitat 13B206 Mezza Restaurant & Bar The Grandview 0 250 500 750 1,000 Seven Mile Shops

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 Queens Court MAP 7

Smith Cove Public Beach

Cayman Coves

Barcadere Villas

7C3

7C2

Bush Gardens Mercury Crescent Critical Habitat

0 100 200 300 400

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 Hinds Court Villas MAP 8 Flower's Apartments

Windsor Village The Venetia at South Sound Stonewall Courts

Sunny Smile Preschool Palm Springs San Sebastian I

J Connoly Place

7D8 Southern Skies Sand Cay San Sebastian II The Chymes at South Sound St Tropez Villas

Cocoloba The Venetia South Sound Community Centre

The Plantation on South Sound The Plantation

George Hicks United Church San Sebastian III

Black Coral Clinic

Caribbean Paradise

Emerald Beach Club

15E106

Critical Habitat

0 250 500 750

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 9

Hylton's Apartments

FLOW Spotts Bennett's Villas Savannah Apartments Nightingale Manor

Coral Bay Village Spotts Landing Public Beach 25C46

28E5

Savannah Grand

Critical Habitat

0 250 500 750 1,000

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 10 D-Ritz

Beach Bay House BEACH BAY CONDOS 32D304 32D122

On theRock

Critical Habitat

0 100 200 300 400 500

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 K-Man Custom Pottery MAP 11 Bodden Town Post Office

Turtle Nest Condos Bodden Town Seventh-Day Adventist Church Turtle Nest Inn

Oasis Texaco

Bodden Town Primary School Coe-Wood Public Beach

Vernon L. Jackson Public Library

FLOW Bodden Town 44B23 Mostyns Esso

Stonecrest Trade & Business Centre Church of God

Coral Gardens Apartments

38D38

Critical Habitat

0 250 500 750 1,000

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 12

Sea Watch Villas Health City

64A50 64A6

64A27H18 64A27H15 Half Moon Bay

Critical Habitat

0 250 500 750 1,000

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 13

73A1

73A103

Turtle Walk

Castaway Coves

73A39

Morritt's Shopping Centre

Royal Reef Resort

Critical HMaorrbitti'st aTotrtuga Club

0 250 500 750 1,000

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 Morritt's Grand Resort MAP 14

65A54 Barefoot Beach Gardens

65A64

Critical Habitat

0 250 500 750 1,000

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 15

Coconut Reef Conched Out 57E137 57E139

On the Bay

Sea Fever

Seventh Day Adventist Church

Old Man Bay Grocery

Esso Critical Habitat

0 100 200 300 400 500

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 16

Cay Marigot 49B1

45A89

Seagrape Cottage

45A45 45A44 The Millers

Critical Habitat

0 250 500 750

Feet Created By: Dept. of Environment, Cayman Islands Govt. ± July 2020 MAP 17

The Retreat

Rum Point Club Resort

33B36 Ho Hum

Red Sail Sports Ellerbe Lookout

Sand Point Cove #2 So Serene Good as Gold Moon Glow Red Rocks Purple Haze Bali Hai Kai

Kai Sera Sera Dragon's Pearl Gemini Kai Vista

Rum Run Rum Point Public Beach The Great Escape Champagne Sunrise Valhalla Thatch Hill Blue Lagoon Lagoon Escape Grape Tree Knoll Mar Kai Timeout Rainbow Connection Shirley's Sandcastle Kingery Barefoot Kai The Cays Sales Office Cayman Staid

No Big Ting

Kai Ku 33C25 Kist Kove Cayman Kai Sea Lodges

We One Kai Baby Le Lagon Villa Del Mar Indigo Beach at Cayman Kai

Villa Bellagio FLOW Cayman Kai

On Golden Pond Sky High Kai Kailypso CriticKai Rl oHck abitat

Flip Flop Kai 0 250 500 C7o5r0al Loft 1,000 Sea Cove Feet Hill Time Treasure Cove Created By: Dept. of Environment, Cayman IsMlaaniddesn G Poluvmt. Kai ± Fantasea Bimski July 2020