Opposition growing to draft fishing legislation

Thu, Jun 25th 2015, 11:11 PM

A top Bahamas Fly Fishing Industry Association (BFFIA) official yesterday joined a growing number of local and international voices decrying proposed amendments to the country’s fly fishing law and regulations, charging that the government had proceeded “irresponsibly” without stakeholder consultation.

Speaking with Guardian Business during the association’s annual general Meeting, BFFIA Treasurer and Director Cheryl Bastian acknowledged that while there were abuses in the current system, the Fisheries Resources (Jurisdiction and Conservation) (Amendment) Bill, 2015 and the Fisheries Resources (Jurisdiction and Conservation) (Flats Fishing) Regulations, 2015 would do far more harm than good.

“This team sees there’s not enough business and then they see the DIY (do-it-yourself) fishers and get angry. Some of our foreigners are abusing our waters, where in the United States and other parts of the world you pay a permit fee. That’s one of the good things that I’d like to see in the legislation – legitimizing guides or helping with concessions.

“The impact of this legislation, which is very unfriendly to our foreigners, is immense. It was irresponsibility placed out there without the proper consultation by stakeholders,” she said.

Bastian, owner of Swain’s Cay Lodge in Mangrove Cay, Andros, noted that the international fishing community has been largely “appalled” by the legislation, while numerous lodges had already reported growing concern from international clients and even outright cancellations.

The draft regulations introduce a number of proposals designed to create a regulatory framework for flats fishing in The Bahamas through a set of new permit fees and stricter distinctions for foreign fishers and foreign-owned bonefishing lodges.

The proposed regulations bar anyone other than citizens or permanent residents of The Bahamas from applying for a certification as a fishing lodge operator. Aside from a host of certification requirements, all applicants to operate a lodge or act as a guide must also satisfy nebulous additional criteria for the Department of Marine Resources.

Bastian said that the BFFIA itself is deeply divided over the proposed legislation, with BFFIA President Prescott Smith leading the charge for supporting the government’s legislation.

Minister of Agriculture and Marine Resources V. Alfred Gray yesterday addressed the association, stating that the regulations are necessary to better regulate the industry in accordance with international practices while also introducing new conservation efforts to protect the industry in the long term.

While Gray stressed that the amendments were still in draft form, he noted that the future of the proposed legislation was ultimately the government’s decision.

“Enacting regulations is the first step. We must continue our efforts of working towards conservation in all that we do,” he said.

Many of the legislation’s staunchest local opponents have acknowledged the need for tighter controls and the benefits of permit fees. Much of the industry ire stems from the perceived lack of stakeholder input during the drafting phase, overly restrictive regulations and fines targeting foreigners (including an outright ban on foreign-owned lodges), and the remarkably brief window for further industry consultation.

The Bahamas Hotel and Tourism Association (BHTA) and Marina Operators of The Bahamas have also expressed concern with the legislation, which they believe could severely harm the $141 million industry.

Gray asked for the BFFIA’s support and cooperation in enacting the legislation on the grounds that it is necessary to preserve The Bahamas’ fly fishing industry. However, some anglers and lodge owners have stated that arguably more pressing threats to the industry, including illegal netting, continue to go unchallenged.

Nevin Knowles, proprietor of Long Island Bonefishing Lodge, earlier told Guardian Business that the government should devote focus on enforcing existing legislation protecting the industry before introducing the proposed regulations, which he warned would “corrode” the industry’s international reputation.

Under the proposed regulations, visitors and others seeking flats fishing permits would be charged $20 a day for a permit, while guides and lodge operators would pay $150 and $250 per year for their certificates, respectively. All three of these fees are accompanied by $10 processing fees.

Flats fishing permit fees will then be split down the middle, with 50 percent of proceeds going to the government’s Consolidated Fund and the other half put towards a conservation fund.

Other more warmly received aspects of the legislation includes customs duty exemptions for a range of fly fishing and boating supplies to stimulate growth in the sector. However, many, both abroad and domestically, have warned that there could be little industry left to protect if the legislation is enacted in its current form.

Click here to read more at The Nassau Guardian

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