Interim Directive: Wild Marine Turtle Critical Habitat Designation– Grand Cayman

Monday 31 August 2020

Issue No.18 /2020

GOVERNMENT Appointments

RE-APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE CAYMAN ISLANDS NATIONAL INSURANCE COMPANY

In accordance with the Section 9 of the Public Authorities Law (2020 Revision), the Cabinet has granted the approval to re-appoint the following persons to the Board of the Cayman Islands National Insurance Company Board, for three (3) years from 1 November 2020 until 31 October 2023: NAME

POSITION

CAPACITY Ms. Patricia Estwick

Chairman

Accounting Ms. Betty Baraud

Human Resource Mr. Roger Corbin

Insurance Mr. Dwight Merren

Banking Dated this day 21 July 2020 DAVINA WILSON (MRS) Acting Clerk Of The Cabinet

Departmental Notices

NATIONAL CONSERVATION COUNCIL MAKING OF INTERIM DIRECTIVE: WILD MARINE TURTLE CRITICAL HABITAT DESIGNATION – GRAND CAYMAN

The National Conservation Council, in accordance with section 17 of the National Conservation Law, 2013, made an Interim Directive, effective 30 July 2020, designating certain beaches on Grand Cayman as critical habitat for wild marine turtles. A copy of the Interim Directive: Wild Marine Turtle Critical Habitat Designation may be obtained by the public by downloading from www.Conservation.ky (https://conservation.ky/wpcontent/uploads/2020/08/Interim-Directive-Turtle-Critical-Nesting-Habitat.pdf) or email ConservationCouncil@gov.ky.

Land Notices

GOVERNOR (VESTING OF LANDS) LAW (2005) NOTICE UNDER SECTION 10(1)(a) DISPOSITION OF CROWN LAND

Notice is hereby given that the Governor in Cabinet has approved the transfer of the Crown land specified in the Schedule below to the University College of the Cayman Islands for nil consideration, and that Stamp Duty is waived, and that all other requirements of Section 10 (1) and (2) The Governor (Vesting of Lands) Law (2005 Revision) are waived in accordance with the authority given to the Governor in Cabinet under Section 10 (3) of this Law. The land is being transferred for intended educational use.

V2.1 Page 1 of 2

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 (Demochelys 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

V2.1 Page 2 of 2

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.

GEORGE TOWN WEST BAY BODDEN TOWN NORTH SIDE EAST END ®q MAP 1 MAP 2 MAP 3 MAP 4 MAP 5 MAP 6 MAP 7 MAP 8 MAP 9 MAP 10 MAP 11 MAP 12 MAP 13 MAP 14 MAP 15 MAP 16 MAP 17 HELL Kaibo SALINA MORASS Spotts Gun Bay Hutland RED BAY BARKERS Colliers Breakers SAVANNAH NEWLANDS RACKLEYS Prospect Sand Cay BATABANO High Rock Pease Bay Brinkleys Rum Point Water Cay Booby Cay Beach Bay Lighthouse Camana Bay Blow Holes BOWSE LAND Sand Point Finger Cay Salt Creek Vidal Cay The Shores Smith Cove NORTH SOUND Spotter Bay OLD MAN BAY FRANK SOUND Bowse Bluff South Sound Conch Point Spanish Bay HALFWAY POND Pedro Castle Little Sound LOWER VALLEY SNUG HARBOUR GRAND HARBOUR Stingray City Midland Acres Duck Pond Cay Jackson Point FURTHER GROUND Prospect Point Palmetto Point MOUNT PLEASANT BOATSWAINS BAY Industrial Park Crystal Harbour Fisherman's Rock Patrick's Island TROPICAL GARDENS Seve n Mil e Be ach North West Point Morgan's Harbour Little Salt Creek Governor's Harbour Stingray City Sandbar Britannia Golf Course Queen's Highway Monument Waste Management Facility North Sound Club Golf Course Queen Elizabeth II Botanic Park Harbour House Marina North Sound Estates Cemetery Beach Cayman Kai Miles Base Data: Dept. of Lands and Survey, Cayman Islands Govt. ± Marine Turtle Critical Habitat GRAND CAYMAN - CRITICAL HABITAT FOR MARINE TURTLES

8A125 3D23 CO NCH POINT R D SP ANISH LN LIZETTE LN CAPT REGINALD A RSO NS D R CARIBB E AN LN POWERY RD SEAFAR Vizcaya SPANISH BAY REEF RESORT Paradise Point Conch Pointe Beach Resort Feet ± MAP 1

1C32 1C63 SAND HOLE RD BOATSWAIN BAY RD DUXIES LN SONNY POWERYS DR RO B ERT RIVERS CL UN E JOES WAY Feet ± MAP 2

5B178 5B141 5C322 5B158 TOWN HALL RD WES T BAY RD BOGGY SAND RD HENNING LN W EST HURCH ST PO WELL SMITH R D REG AL LN M CDO O M N MARY M OLLIE HY DES RD NORT H WEST O I NT RD E IZ A B E TH S T FARRINGTON N Seawalk Centennial Towers Foster's Food Fair B.O. Ebanks Ltd. Hammock Cove John Gray Memorial United Church Heritage Square Four Winds Esso Service Centre West Bay MLA Office Nautilus Apartments Nautilus Cottage Cayman Bakery Limited West Bay Public Beach Feet ± MAP 3

11B96 5C151 ESTERLEY TIBBETTS HWY Kimpton Seafire Foster's Food Fair The Renaissance The Palms The Commonwealth Mandalay London House Seabreeze The Anchorage The Heritage Club Drifter's Cove The Residences at Seafire The Discovery Point Club Villa Royale Sundowner Sandy Lane The Christopher Columbus Coconut Walk Les Suites Aqua Bay Club Beach Lane Silver Sands Leslor Manor Heart of Cayman Foster Bay Villas B.O. Ebanks Ltd. Tiki Beach Coccoloba Bar & Grill West Bay Fire Station Wind Song Apartments Sundial Condominiums White Sands Condominiums Bevandale Island Weddings Bothwell's Preschool 1,000 1,500 Feet ± MAP 4

11B9 11D31 PENINSULA AVE ES TE RLEY TIBBETTS HWY NELSON QUAY JELLICOE QUAY DRAK E Q UAY COO K QUAY MAGELLAN QUAY PINEHURST RD GOVERNORS WAY TAN AGE R WAY LIME TREE BAY AVE W E ST BAY RD EN IN SULA AVE LIME TREE BAY AVE Cost U Less Kimpton Seafire Plantana The Great House Westin Casuarina Resort & Spa Governor's Square The Avalon RBS Coutts Cayman Falls Sunshine Suites The Residences at Seafire Leeward Four Viscaya Harbour Heights Regatta Office Park The Waterways Trafalgar Place Government House Lime Tree Bay Columander Court Cayman Water Authority Olivia's Cove Safe Harbour Coccoloba Bar & Grill Sunshine Grill Calico Jack's Coldwell Banker Cayman Islands Realty The Residences at Magellan Villa B Seven Mile Public Beach Coldwell Banker Cayman Property Management 1,000 Feet ± MAP 5

13B206 12E63 12E17 PARK LN EST ER LE Y T IB BETTS HWY LAWRENCE BLVD SNOOZE N HAR Q UA IL DR KIN TYR E DR PIPER WAY WHITEHA GDNS ESTERLEY TIBBETTS HW Y Marriott Resort Margaritaville Galleria Plaza West Shore Centre Laguna Del Mar The Cayman Club Esso Seven Mile Shops Cayman Sands Village The Sovereign The Grandview Tamarind Bay Jasmine Villa Queens Court Seagull West Indian Club Cayman Reef Resort Treasure Island Condos Regal Beach Club Plantation Village Beach Resort Coral Apartments Crescent Point Resort Burger King Andy's Rent-A-Car, Ltd. Aqua Beach Restaurant & Bar George Town Villas Island Pine Villas Reef Grill at the Royal Palms Mezza Restaurant & Bar Fidelity Financial Centre Caswell Arms Apartments Billy Bones Royal Palms Beach Resort Riviera Acres 1,000 Feet ± MAP 6

7C2 7C3 SOUTH CHURCH ST WEBSTERS DR ANTOINETTE AVE Cayman Coves Barcadere Villas Bush Gardens Mercury Crescent Smith Cove Public Beach Feet ± MAP 7

15E106 7D8 SOUTH SOU ND RD WALKERS RD SOUTH CHURCH ST STONE WALL DR EDGEMERE CIR MULBERRY DR A KEFRONT D R S T INGRAY DR CIBAL CT San Sebastian Palm Springs Windsor Village Emerald Beach Club Cocoloba Sand Cay Southern Skies St Tropez Villas Flower's Apartments J Connoly Place The Venetia Caribbean Paradise The Plantation The Venetia at South Sound The Chymes at South Sound The Plantation on South Sound George Hicks United Church Black Coral Clinic 1,000 Feet ± MAP 8

28E5 25C46 SHAMROCK RD JASMIN LN SOTO LN B U EBIRD S T A SKW E DR BUENA VISTA DR SUNBLAZE DR CORALSTONE WAY O R AL SAGE DR KI N G FIS H ER ST BLUEJAY ST SPARROW ST COOL SPRINGS C B E DR O CK C IR Coral Bay Village Hylton's Apartments Bennett's Villas LIME Spotts Spotts Landing 1,000 Feet ± MAP 9

32D122 32D304 SEA SPRAY DR BEACH BAY RD PEBBLE BE ACH DR NATURES CIR QUEEN PALM DR PEBBLE BEACH DR On theRock Beach Bay House BEACH BAY CONDOS Feet ± MAP 10

38D38 44B23 MANSE RD SHAMROCK RD BO DDEN T OWN RD CO ND O R RD MIM O SA LN S I E D R MIJ A LL RD CU RLEW D R A BIU EASY ST CU M BER A V E JEWELROSE DR BONNET CL ARL T ON RD Bodden Town Primary School Church of God Turtle Nest Condos Mostyns Esso Bodden Town Post Office Vernon L. Jackson Public Library Stonecrest Trade & Business Centre K-Man Custom Pottery Coral Gardens Apartments 1,000 Feet ± MAP 11

64A6 64A27H15 64A50 64A27H18 SEA VIEW RD PISCE S WAY CEDAR LN Health City Half Moon Bay 1,000 Feet ± MAP 12

73A1 73A103 73A39 QUEENS HWY SUNNYFIELD RD SPOTTE R WA Y Castaway Coves Royal Reef Resort Morritt's Tortuga Club Morritt's Shopping Centre Turtle Walk Morritt's Grand Resort 1,000 Feet ± MAP 13

65A54 65A64 QUEENS HWY TRADEW IND L N S UN S ET LN Feet ± MAP 14

57E137 57E139 OLD ROBIN RD SEXTANT RD SAILORS WAY NO RTH SIDE RD SEA STAR CL MCC OY L N On the Bay Nirvana Conched Out Coconut Reef Seventh Day Adventist Church Feet ± MAP 15

45A89 45A44 49B1 45A45 RUM POINT DR CHISH O MS D R JE T STA R N Cay Marigot Feet ± MAP 16

33C25 33B36 RUM POINT DR WATER CAY RD SAN D POIN T RD Kai Ku Bali Hai Kai Kai Rock The Retreat Ho Hum Sky High Kai Mar Kai Hill Time Kai Vista So Serene Rum Point Club Resort Valhalla Villa Del Mar The Great Escape Kailypso Cayman Staid We One Thatch Hill Kingery Blue Lagoon Cayman Kai Sea Lodges Le Lagon Timeout Coral Loft No Big Ting Moon Glow Indigo Beach at Cayman Kai Dragon's Pearl Lagoon Escape Kai Baby Champagne Sunrise Barefoot Kai Grape Tree Knoll Villa Bellagio Shirley's Sandcastle On Golden Pond Red Sail Sports Kai Sera Sera Ellerbe Lookout Sand Point Cove #2 Maiden Plum Kai Rainbow Connection LIME Cayman Kai Kist Kove The Cays Sales Office Rum Point Public Beach 1,000 Feet ± MAP 17