CPR plan action over loss of GT marine protection

(CNS): The Unity Government’s removal of marine protections in the George Town Harbour and the creation of a port designation is set to become the grounds for further legal action by Shirley Roulstone of the Cruise Port Referendum campaign, as the activists continue their quest to prevent the development of a cruise berthing facility and protect the reefs. Because of this and other moves by the last administration, Roulstone and her activist colleagues believe that, despite what former premier Alden McLaughlin has said, the port project is by no means dead in the water. Without a referendum on this project, they believe it could easily be resurrected by another PPM administration.

Roulstone’s attorneys have written to the Attorney General’s Chamber ahead of a likely judicial review application challenging the need for the port designation to cover such a significant area of the harbour. The letter expresses concerns that the removal of the protected status of the George Town Harbour is contrary to National Conservation Law and inconsistent with the explicit goals of the law to conserve and protect marine life.

In the letter the lawyers say that the protected areas, species and critical habitats are jeopardised by the new port regulations, which and go way beyond the specific area of reef in the newly demarcated “anchorage zone” but also cover the adjacent reefs, which are at material risk of being adversely affected by allowing anchorage anywhere in that zone.

“We consider that the new anchorage zone will impair life on the entire reef system of which Soto’s Reef and others in the George Town area form a part,” the letter notes. “Anchoring can take place in sandy areas as it has done over the years in a manner which does not damage the reefs and which can be monitored and regulated. We do not accept that the protected status of George Town Harbour needs to be removed.”

Concerns have also been raised by the dive community and conservationists about the Cali Shipwreck being included in the port zone and anchorage site. It will now require tour operators and divers to seek written permission to dive at one of Grand Cayman’s most popular underwater locations. Given that no cruise ships anchor on the Cali (a shallow artificial reef that has evolved into a national cultural heritage site), activists believe it makes no sense to include this area.

The matter of the cruise berthing project remains a central concern for CPR. The lawyers state that their client is very concerned that the rezoning was intended to facilitate potential development of the George Town port, as indicated in an affidavit by the tourism ministry’s chief officer, Stran Bodden, in the recent judicial review proceedings brought by Roulstone in 2019 on behalf of CPR. In those documents Bodden challenges the National Trust’s statement regarding the marine protections afforded the reefs in the George Town Harbour under the National Conservation Law, stating that the “protected area will be changed to accommodate the Project”.

If the government has not amended the regulations to facilitate the redevelopment of the George Town port but merely to regularize the sandy anchorage areas within the previously designated marine park zone, the lawyers ask government to confirm that within the next fourteen days and to reform the port regulations to incorporate only the relevant sandy anchorage area free of coral and to reinstate the marine park protections for the harbour reefs.

“We consider that well-managed anchorage rules can ensure that anchoring can take place as it has done before while George Town Harbour remains a marine park but not jeopardising any of the reefs. Anchoring in that way has been carried out for years in a manner that is sensitive to its surrounding area as a marine park,” the lawyers write, noting that without this confirmation Roulstone will take action.

In a viewpoint published on CNS, Roulstone outlined her concerns further and points to the outgoing government’s failure to honour the people’s referendum. She stressed the point that the port issue is not dead and her intention to go back to court again if she must.

“CPR Cayman is alive and well,” she said. “Times are changing and we are not taking things sitting down quietly anymore.”

In addition to questions relating to the port designation and removal of the marine protections, Roulstone has also raised concerns about the continued existence of a team within the Major Projects Division of the Public Works Department to design a cruise berthing facility for the George Town Port.

CNS contacted the PWD and its director, Troy Whorms, echoed the former premier’s comments that the cruise berthing project was closed, as of March last year, and “there are no instruction issued to any staff of PWD from any stakeholder to continue any works pertaining to the Cruise Berthing Project”.

Whorms added that the future priorities of the government’s major projects will be made by the future government, and asked us to “direct any further questions to the Office of the Premier at the appropriate time and allow the appropriate Ministry to answer accordingly”.

Requests about where the individual civil servant who had been employed to head up this project and who remains with the department is now working were not answered by the director.

CNS has also contacted the port authority, requesting documents that support the director’s position that the port had to be designated this way as a result of international and safety issues. We are awaiting a response regarding those inquiries.

See Roulstone’s VP: The port issue is not dead

See the letter before action in the CNS Library.