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Protected Species Order 2015 Protected Species Order 2015 August 2015 GOVERNMENT OF BERMUDA MINISTRY OF HEALTH, SENIORS AND ENVIRONMENT Department of Conservation Services Protected Species Order 2015 – Protected Species Act 2003 2015 Bermuda and the surrounding reef platform, 1998 Bermuda and the surrounding reef platform, 1998 Protected Species Order 2015 – Protected Species Act 2003 Table of Contents 1.0. Introduction ................................................................................................................................................................................................ 1 Purpose of legislation ...................................................................................................................................................................................... 2 Goal ................................................................................................................................................................................................................. 2 Objectives ........................................................................................................................................................................................................ 2 How species are nominated ............................................................................................................................................................................. 2 Levels of protection for protected species ....................................................................................................................................................... 3 Powers of legislation ....................................................................................................................................................................................... 3 Process for listing and delisting ....................................................................................................................................................................... 4 For further information .................................................................................................................................................................................... 4 Definitions ....................................................................................................................................................................................................... 5 2.0. Level 1 .......................................................................................................................................................................................................... 6 3.0. Level 2 ........................................................................................................................................................................................................ 16 4.0 Level 3 ......................................................................................................................................................................................................... 50 5.0 Delist ........................................................................................................................................................................................................... 56 Protected Species Order 2015 – Protected Species Act 2003 August 2015 1.0. Introduction The Protected Species Act 2003 (the Act) provides the Government with the ability to conserve, protect and lead the Members of the Public are invited to make recovery of Bermuda’s most threatened plants and animals, representations to the Minister as to the including the Cahow (Bermuda’s National Bird), the Bermuda nominations and classifications of species of Skink (one of the world’s oldest and rarest rock lizards), sea turtles and the Governor Laffan’s Fern (a plant that is extinct in the protected species set out in the the wild). These species serve, as much as anything else, to Schedule. promote the truly unique identity of Bermuda. Representations should be sent to: Unfortunately, many of our native and endemic species are under threat due to a combination of habitat loss, competition Director of Conservation Services from invasive species, predation, climate change and pollution. Department of Conservation Services #17 North Shore Road It is the Department of Conservation Services’ role to oversee the recovery of our imperiled plants and animals through the Hamilton Parish, FL 04 development and implementation of recovery plans and to raise or awareness of their importance through educational programs by electronic mail to [email protected] run by the Bermuda Aquarium, Museum and Zoo. This document has been developed to summarise the no later than 30 days after the date on which management decisions proposed by the Protected Species the Notice was gazetted. Order 2015 and allow public consultation of these recommendations. 1 Protected Species Order 2015 – Protected Species Act 2003 August 2015 through actions that enable conservation of a protected Legislation species, e.g. monitoring, assessment, research, restoration, maintenance and management. Bermuda has a number of pieces of legislation that protect its 3. To encourage human assistance in the preservation and unique ecology, including the Fisheries Act 1972 and the recovery of protected species where possible. Protection of Birds Act 1975; however the main piece of legislation is the Protected Species Act 2003 and the 4. To protect critical habitats. subsequent Protected Species Orders listing individual threatened species. How species are nominated Purpose of legislation The Act allows for any threatened species to be nominated so as to safeguard and maintain them and protect Bermuda’s The Protected Species Act 2003 provides delegated special and fragile natural resources. Species nominations are responsibility to the Director of Conservation Services to based upon consideration of status (e.g. endemic or native), conserve, protect and recover plants and animals that are abundance, global and local distribution, identified natural and identified as threatened in Bermuda. manmade threats (potential or existing) e.g. destruction of habitat, over-exploitation, disease, predatory behavior of other Goal species, and use of chemicals. The goal of the Act is to promote recovery of threatened Each species is classified as Critically Endangered (CR), species to the point where they no longer need human support Endangered (EN) or Vulnerable (VU) in accordance with the and can be removed from the list of protected species. criteria set out in the International Union for the Conservation of Nature (IUCN). Objectives 1. To protect threatened species. 2. To recover threatened species to the point that they are self sustaining and no longer need protection. This can be done 2 Protected Species Order 2015 – Protected Species Act 2003 August 2015 Levels of protection for protected species Powers of legislation The level of protection is not only based on how threatened the 1. To protect any species so as to safeguard and maintain species is but also by the optimal strategy for its recovery. threatened species and protect Bermuda’s special and fragile natural resources. Level 1 a) A high level of expertise is required for each stage of 2. To classify a species and determine the appropriate level of recovery. protection. b) Optimal strategy for recovery of the species involves licensed researchers only. 3. To create critical habitat. c) No community involvement is permitted in the 4. To create Recovery Plans for threatened species. conservation of the species. 5. To license interaction with protected species for scientific Level 2 research, exhibition, aquaculture, horticulture, a) A medium level of expertise is required for each stage of reintroduction into the wild and/or rehabilitation of injured recovery. specimens. b) Optimal strategy for recovery of the species involves licensed research and individuals holding permits to 6. To permit relocation, restoration, and/or destruction under undertake a defined action e.g. relocation. exceptional circumstances. If destruction is permitted then c) Community involvement in the conservation of the species the proponent has a duty to undertake mitigation action to is restricted to individuals holding permits. minimise the negative impact to the species or critical habitat. Destruction is the last course of action, where Level 3 a) A low level of expertise is required for each stage of human health or a structure is at risk, or in the case of recovery or; critical habitat, to address an area affected by disease that b) Optimal strategy for recovery of the species involves the will impact the overall health of a protected species. general community. 7. To authorize officers to seize, enter, stop, or detain anyone c) General community involvement is permitted in the conservation of the species. when they have reasonable grounds for suspecting an offense has been committed against the Act. 3 Protected Species Order 2015 – Protected Species Act 2003 August 2015 8. Penalties for offenses Level 1 – up to $25,000 Level 2 – up to $15,000 Level 3 – up to $5,000 See Section 9 of the Protected Species Act 2003 for description of offenses. Process for listing and delisting Under Section 12 of the Act species shall be listed, modified or delisted by an Order approved by Cabinet, followed by gazetting of a Protected Species Notice of Intention and a 30 The native Yellowwood tree being
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