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					                         TRINIDAD & TOBAGO
LONG TERM DEVELOPMENT CHALLENGES & OPPORTUNITIES

                                    February 12, 2004
                                    Washington, D.C



                 ENVIRONMENT AND NATURAL
                   RESOURCES MANAGEMENT
                                             Draft Document – Part II of VII
                                                                      DILLON CONSULTING




                                           REGION 3
                                Inter-American Development Bank
                ●BAHAMAS●BARBADOS●GUYANA●JAMAICA●SURINAME●TRINIDAD AND TOBAGO●


  The following draft papers may not be quoted or used for any purpose without the written consent of the
  Inter-American Development Bank. If you need clarification or assistance in this matter please contact
  Carlos Elias (CARLOSEL@IADB.ORG). These papers will be presented in a one-day closed meeting of
  February 12 "Trinidad and Tobago: Long-term development challenges and opportunities" in Washington
  DC. The views expressed in these documents are those of the authors and not necessarily those of the Inter-
  American Development Bank.
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                    Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                January 2004



3.      FRESH WATER RESOURCES
3.1     Situation Analysis and Liabilities

3.1.1   Water Resources and Supply

Water resources management is a critical developmental issue for Trinidad and Tobago.
Water for public supply in Trinidad and Tobago started in 1838 and is now produced from
ninety-six (96) separate sources of which thirteen (13) are in Tobago. Source outputs range
from small rural river intakes of less than 50,000 m3/d capacity to the Caroni Water Treatment
Plant, which was upgraded from 272,700 to 347,700 m3/d capacity in 2000.

In 2001, WASA started purchasing 100,000 m3/d of water from a Desalination Plant, Desalcott
on a Build, Own, Operate (BOO) arrangement to augment production to the Point Lisas
Industrial Estate.

Production from other sources include BP Amoco's facilities at Galeota, Petrotrin which
services the oil refineries and small housing estates, small commercial users such as Carib
Brewery, salt water for the fire fighting and T&TEC generating facilities. This is less than 10%
of the overall usage in the sector.

Current water demand in Trinidad and Tobago is estimated to be 368 million cubic meters
(MCM) per year while water supply amounts to 346 MCM per year. This means that there is a
deficit of 22 MCM (6 percent). The deficit is exacerbated during severe dry weather when low
surface water flows coupled with high turbidity adversely affect the reliability of raw water
supply.
Deficits in the water supply exist despite an apparent abundance of water in Trinidad and
Tobago. Approximately 77 percent of Trinidad and Tobago’s water supply is derived from
surface water sources, while the remainder is provided from groundwater sources. Average
annual rainfall in Trinidad and Tobago ranges from 1,200 to 3,800 mm per year. The available
surface water in Trinidad is estimated at 3,600 MCM per year, which is almost 10 times the
present water demand. For Tobago the demand is 7 percent of the available surface water,
which is estimated at 140 MCM per year. Compared to surface water the available
groundwater up to recently has been considered small. Current groundwater abstraction is
estimated at 121 MCM per year, less than 4 percent of available surface water resources.

Table 3-1 summarizes the water supply (surface and groundwater) and biodiversity
characteristics of watersheds in Trinidad and Tobago.




DILLON TEAM                                                                                 3-1
    Inter-American Development Bank
    Long-Term Development Planning Study – Towards Vision 2020
                                                                                             Second Draft
    Environment and Natural Resources Management for Trinidad and Tobago                     January 2004




                                      TABLE 3-1
        CHARACTERISTICS OF WATERSHED, BIODIVERSITY AND POTENTIAL WATER SUPPLY

                                                       SURFACE WATER                      GROUNDWATER
                                                                Status of                         Status of
 Watershed    Population       Biodiversity         Potential  Exploitation         Potential    Exploitation
Santa         44,834       Decline in status of   Significant Exploited           Very          Exploited
Cruz/San                   wildlife and                                           significant
Juan                       ecology; number of
                           species and birds
                           have disappeared
Maracas/St.   41,730       Northern boundary      Very            Exploited       Insignificant   Not exploited,
Joseph                     extends into the       significant                                     Limited ground
                           Northern Range                                                         water potential
                           Forest Reserve; Mt.
                           El Tucuche,
                           Maracas Waterfall;
                           Commercial &
                           subsistence
                           farming
Tunapuna      17,406       Upper watershed-2      Insignificant   Not exploited   Insignificant   Not exploited,
                           plantation forests                                                     Limited ground
                           (oldest pine                                                           water potential
                           plantation) –70% of
                           upper watershed
                           under forest cover
Tacarigua/    26,468       Four (40 forest
Caura                      reserves-Northern
                           Range Forest
                           Reserves A, B and
                           C & Tacarigua
                           Forest Reserve;>
                           30% area under
                           cultivation; rich in
                           natural and semi
                           natural forests;
                           famous Caura
                           Valley
Arouca        29,941       < than 50 of area
                           covered with forest.
                           Eastern section
                           mainly intact.


Arima         49,807       Includes part of the
                           Arima forest
                           reserve & Asa
                           Wright nature
                           center; drained by
                           Arima and Mausica
                           Rivers; upper and
                           middle areas from
    DILLON TEAM                                                                                      3-2
    Inter-American Development Bank
    Long-Term Development Planning Study – Towards Vision 2020
                                                                                        Second Draft
    Environment and Natural Resources Management for Trinidad and Tobago                January 2004



                                    TABLE 3-1
      CHARACTERISTICS OF WATERSHED, BIODIVERSITY AND POTENTIAL WATER SUPPLY

                                                        SURFACE WATER               GROUNDWATER
                                                                 Status of                 Status of
 Watershed     Population        Biodiversity         Potential Exploitation    Potential Exploitation
                            part of the
                            protected zone of
                            Northern Range
                            (85% under forest)
Courland       9,242        Includes part of the    Significant   Exploited
                            Main Ridge
                            Severe and partly
                            degraded lead to
                            decline in ecology
                            and wildlife
Hillsborough   10,061       Largest watershed       Significant   Exploited
                            in island; forms part
                            of the Tobago
                            Forest Reserves;
                            Hillsborough dam
                            located in central
                            watershed.


    Expressed per capita, the water availability in Trinidad and Tobago is approximately 2,500 m3
    per year. The international criterion for water scarcity is less than 1000 m3 per year per
    person. Thus, by international standards, Trinidad and Tobago is not a water scarce country.
    However, surface water availability which is the major source of water is strongly influenced by
    seasonal and spatial variations (water availability decreases from north to south). Water
    availability will also be affected as a result of climate change and climate variability (See
    Chapter 2).

    The domestic sector is the largest single user of water in the country, accounting for
    approximately 33 percent of demand. Total industrial demand accounts for 16 percent, with
    irrigated agriculture accounting for only approximately 3 percent of demand. Unaccounted for
    water (UFW) accounts for up to 50 percent of water demand. Although difficult to quantify,
    ecological demand represents an important user of water. Water is necessary to maintain the
    productive ecology of Trinidad and Tobago’s rivers and wetlands.

    The population in 2003 was about 1.3 million people, which is expected to increase to about
    1.5 million by 2010. The existing demand based on the current population and a per capita
    demand of 826 liters results in a total demand of 1,075ML/D or (236.5 IMGD), which is high
    relative to developed countries. This level of consumption is attributed to a high level of
    unaccounted for water (UFW). The projected demand/supply relationship is shown is
    Table 3-2.




    DILLON TEAM                                                                                 3-3
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004




                                    TABLE 3-2:
                       PROJECTED DEMAND/SUPPLY RELATIONSHIP
                  Projected Demand    Potential Supply        Deficit (IMGD)
     Year              (IMGD)             (IMGD)                                 UFW (%)
     2003               236.5              205.0                  31.5             46.0
     2005               228.9              223.4                   5.4             40.0
     2010               165.9              229.1                  -63.2            30.0
     2011               161.9              229.1                  -67.2            30.0

Reduction in demand could be achieved by implementing Demand Management programs
such as metering, leakage control together with the application of an appropriate tariff.
Unaccounted for water was found to be 30% to 80% in some areas and 45% - 50% overall
(JICA Sept. '91), and between 40%-50% overall (Thames Water International Sept. '91).
WASA’s current estimate is 40%.

While WASA's water production facilities are fully metered, the Authority does not have bulk
meters at strategic locations on its distribution system network to allow the analysis of water
transmission or the precise determination of the actual leakage loss from the system.

The following performance targets in Table 3-3 have been set by RIC to be met by WASA
during the period 2003-2015.


                                    TABLE 3-3
                  RIC LONG TERM PERFORMANCE TARGETS FOR WASA
 PARAMETER                     2003       2005       2007            2009      2011     2013
 24 Hrs. Service (%)            20         50         75              90       100      100
 Water Service Coverage /                                                                 -
 Access (%)                     92         94            96           97        98
 Water System Leakage
 Level (%)                      50         38            31           25        20         18
 Tariff Collection within 90
 days (%)                       82         85            88           92        96
 Universal Metering (%)          -         30            50           75       100
 Employees per 1000
 Service Connections            8.2        7             5                4    2.5
 Public Standpipes (%)          16         12            8                4     0
 Wastewater Service
 Coverage (%)                   30         35            40           50        60         75

The most significant performance parameters to reduce unaccounted for water and overall
consumer consumption will be the leakage water loss control and the universal metering.
These water conservation measures will have a direct benefit of more efficient utilization of
surface and groundwater resources. The wastewater sector coverage target is less specific.
Wastewater treatment across the country has been seriously neglected over the past three
decades and is a crucial sector to preserve the future for fresh water resources. Wastewater
treatment performance targets need to be set to address the serious problems in this
neglected sector.

DILLON TEAM                                                                                     3-4
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                     Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                 January 2004



3.1.2   WASA’s Reassessment of Groundwater Potential

In 1999, EarthWater Technology Trinidad and Tobago, LLC in a joint venture with Lennox
Petroleum Services Limited (ETI/LP) carried out a successful ground water assessment and
exploratory drilling on the Island of Tobago using specially processed satellite imagery, aerial
photography, and statistical analysis to map the location of fracture systems and quantified the
ground water resources at approximately 45,000 m3/day. Approximately 9 ML per day have
since been developed. Conventional methods of assessing groundwater resources at that
time projected a safe yield at below 0.9 ML per day. The success of the well development
project in Tobago gave renewed hope that similar results could be obtained on the island of
Trinidad.

In 2000, the Joint Venture partnership was awarded another contract in two parts for the
Ground Water Assessment of Trinidad and a Well Development Program to obtain an
additional supply of 15 million gallons of water on a success based approach. During Part 1,
the ETI/LP Team employed proprietary interpretive technologies to calculate water balance
and renewable, sustainable groundwater development potential in Trinidad, including
integration of data derived from several different Earth orbiting satellites, aerial photographic
analyses, published geologic, hydrologic and soil maps, field data and meteorological stations.
These data were combined to identify and assess significant recharge areas, geologic units
and fracture zones that may act as aquifers and transmission zones for groundwater; and
quantitatively assessed the relationship of exploration target areas and recharge zones to
WASA’s water demand centers. During Part II, the ETI/LP Joint Venture Team focused on the
drilling and development operations in co-ordination with WASA in areas selected by WASA.
The previous models for predicting groundwater in Trinidad concluded a potential recharge
limit of 274 ML/day (60 IMGD). The new technology led to a revised calculation of potential
recharge to the island’s groundwater domains of 1,500 ML/day (330 IMGD).
The following Table 3-4 summarizes the reassessed groundwater recharge and development
potential in Trinidad.




DILLON TEAM                                                                                  3-5
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004




                              TABLE 3-4:
             GROUNDWATER RECHARGE & DEVELOPMENT POTENTIAL
                             IN TRINIDAD
                         Surface     Minimum      Maximum      Average       Existing
       Aquifer/           Area       Recharge     Recharge     Recharge     Production
   Megawatershed          (km²)      (ML/day)     (ML/day)     (ML/day)      (ML/day)
 Tucker Valley              15          12           18           15            1
 Maraval                   82            44           53           48            23
 Cascade                   61            40           44           42            2
 Caura                     48            16           18           17            0
 Aripo                     50            86          122          104            0
 Balandra                  29           150          156          153            0
 Sub-Total                 285                                    379            26
 AQUIFER SYSTEMS
 Southern Basin           1269           -            -           288            40
 Northern Basin            456           -            -           161           125
 Central Tectonic          168           -            -            39            0
 Zone
 Miscellaneous             739           -            -           636            38
 Aquifers
 Sub-Total                2632                                    1124          203
 TOTAL                    2917                                    1503          229


This work on hydrogeological assessment of Trinidad and Tobago is considered the most
comprehensive groundwater assessment ever implemented in the Caribbean Region. WASA
water resources experts are still conducting a thorough review of the engineering and scientific
reports and mapping produced by the ETI/LP joint venture. These initiatives were successful in
identifying vast groundwater resources within the fracture systems of the bedrock, and in
proving additional supplies of 3.3 MCM/yr for the public water supply in Tobago. In Trinidad,
an additional 25 MCM/yr is expected from wells developed within the bedrock systems. To
date, 3.5 MCM of this amount has been added to the water supply system. WASA clearly
supports the development of more groundwater sources in the future as the preferred option
for community water supplies for the following reasons:
   •     Greater reliability during hydrologic extremes;
   •     Cheaper option in terms of treatment, transmission mains, operations and
         maintenance;
   •     Smaller local systems in each of community catchment area; i.e. fewer booster pump
         stations and storage reservoirs; and
   •     It leaves a lower foot print on the environment; i.e. no adverse effects due to
         construction of dams, reservoirs, river intakes, etc.

DILLON TEAM                                                                                  3-6
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004



3.1.3   Watershed Management

Forest cover has decreased from nearly 60% of land area to less than 50% over the past 30
years and urban areas have increased substantially. These changes, which are the result of
forest fires, indiscriminate, quarrying, slash and burn agriculture and other inappropriate land-
use practices have impacted negatively on the country’s water resources.

Presently irrigation is a very small part of water demand (8%) in Trinidad and Tobago.
However, agriculture is an important economic activity and Trinidad and Tobago’s ability to
expand its agricultural production will depend in part on the development of new irrigation
schemes. If developed, irrigation could account for as much as 40% of the national water
demand.

Flooding is a significant recurring problem in Trinidad and Tobago that imposes serious
economic and social costs each year. It occurs frequently in both urban and rural areas
leading to substantial losses of property, crop damage, health problems and severe
inconvenience to whole communities. Perennial flash floods occur along the foothills of the
Northern Range and in the Caparo and South Oropouche basins. The alleviation of flooding in
the flood plains of the larger rivers such as Caroni, Caparo, North Oropouche and South
Oropouche will require substantial investments in capital works.

3.1.4   Water Quality

Trinidad and Tobago has historically enjoyed good potable water quality. Increasing pollution
from sewage and industrial effluents combined with soil erosion and unmitigated
developments are threatening the quality of potable water while increasing treatment costs. At
the same time, pollution can have significant implications for public health and natural
ecosystems.

The quality of the surface water resources is deteriorating in many places, as evident by high
levels of biological oxygen demand, bacterial content, turbidity and the presence of chemical
pollutants in rivers. The main threats are uncontrolled point waste discharges, in particular
from industries and domestic sources, as well as the high level of erosion in the upper
catchment of the watercourses. Pollution of surface water not only affects the production of
potable water but also the ability of the rivers to provide productive habitats for terrestrial and
aquatic species. In-stream problems due to pollution are further exacerbated during periods of
low flows when the dilution effect is at its lowest.

Most aquifers in the absence of thick overlying clay layers are very vulnerable to
contamination. Although there has been no recent major incident of groundwater
contamination, intermittent high level of nitrates were detected in three sub-aquifers of the
Northern Gravel System. A recent preliminary survey has also detected the presence of
trihalomethanes, BTEX (Benzene, Toluene, Methylbenzene, Xylene), lead, and MTBE (Methyl
Tertiary Butyl Ether) in the groundwater along the East-West Corridor. Although the levels
pose no immediate danger, this indicates that there is a trend towards increasing health risks,
which should be monitored, halted or preferably reversed. The potential sources of pollution to
groundwater systems include hazardous waste dumps, underground fuel storage tanks,
untreated wastewater and industrial effluents.
DILLON TEAM                                                                                    3-7
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                             Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                         January 2004



3.1.5   Water Pollution

Major sources of water pollution in Trinidad are from domestic and industrial wastewater, oil
pollution, land based industries, agricultural run-off and quarrying activities. Wastewater and
drainage from communities and industry often discharge into streams, rivers and then into
marine environments polluting coastal areas.

Only 30% of the population is connected to some form of wastewater system. WASA operates
12 wastewater systems, serving approximately 45,000 customers. The main wastewater
treatment plants are located in Port of Spain, Arima, and San Fernando in Trinidad and
Scarborough in Tobago.

For the 12 WWTP’s owned by WASA, approximately 101,000 m³/day of wastewater effluent is
discharged into the watercourses in Trinidad and Tobago. As much as 70% of this total comes
from the Port of Spain Beetham system which discharges into the the Caroni/Laventille
swamp. A further 9,000 m³/day is discharged into the Caroni River from plants located in the
east-west corridor from St. Joseph to Arima. The plant at Scarborough, Tobago discharges
about 2,400 m³/day into the Scarborough Bay.

These plants represent 95% of the wastewater treated nationally. In addition there exist 18
small plants built and unsatisfactorily operated by the National Housing Authority and about
200 package plants and numerous lift stations built by private housing developers mostly
abandoned and in an advanced stage of deterioration due to the lack of proper operation and
maintenance. There are numerous other treatment facilities operated by other government
and institutional bodies, the tourism sector, industries and maritime installations most of which
perform unsatisfactorily.

The wastewater sector has traditionally suffered from lack of financial and human resources.
Except for the construction of a wastewater plant in Scarborough in the mid 1990's; and the
current construction of the new Beetham secondary wastewater treatment plant serving
Greater Port of Spain2, there have been no major capital works investments or rehabilitation
programs in the past three decades.

Plans are currently underway to develop a comprehensive South West Coast Wastewater
Collection and Treatment scheme in Tobago.

The budget for current expenditures is limited and insufficient to cover operations and
maintenance requirements. Tariffs are low and less than potable water tariffs, which in turn
are still at an unsatisfactory low level. Actual costs for operation and maintenance for
wastewater systems are higher than for water supply systems.




2
  The US $ 33 million Beetham Wastewater Treatment Plant is one of the largest facilities of its type in
the region with a capacity of 75 ML/day).

DILLON TEAM                                                                                           3-8
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004



3.2     Legal Framework

Water resources issues are addressed directly or incidentally in a substantial body of national
legislation and international treaties, which the country has adopted. The major legislative
instruments are the Water and Sewerage Act (1980 Revised); the Waterworks and Water
Conservation Act (Chap 54:41,1980 Revised); Regulated Industries Commission Act - Act No.
26/1998; the Environmental Management Act (2000); and the Public Health Ordinance
(Chap12/4,1950).

3.2.1   Water and Sewerage Act

The principal piece of legislation regulating the water and water pollution sector is the Water
and Sewerage Act (Chapter 54:40), which was enacted by the Government of Trinidad and
Tobago in 1965. The purpose of the Act is to “provide for the development and control of water
supply and sewerage facilities in Trinidad and Tobago and matters of sanitation incidental
thereto; the promotion of the conservation and proper use of water resources; and for the
establishment of an Authority to administer the several purposes aforesaid and matters
connected therewith”.

Part I of the Act provides for the establishment and incorporation of the Water and Sewerage
Authority of Trinidad and Tobago, which is headed by Commissioners appointed by the
Minister (section 3). The Authority is empowered to appoint committees to examine and report
on any matter arising out of, or connected with its powers and duties under the Act (Sections 6
and 7), and may with the prior approval of the Minister, delegate to a Commissioner or a
committee any power vested under the Act (Section 8).
Section 9 of the Water and Sewerage Act provides that it is the duty of the Authority to carry
out the policy of the Government in relation to water and wastewater. When exercising and
performing its functions, powers and duties under the Act shall act in accordance with any
special or general directions of the Government, but is “subject to the control or direction of no
other person or authority” (section 10).

Part II of the Water and Sewerage Act establishes provisions for the administration of the
Water and Sewerage Authority. Included under this Part are provisions relating to the
appointment of officers and other employees (section 17), the transfer of Government officers
to the Authority (section 19), the establishment of a pension scheme (sections 21 and 22), the
establishment of conditions of employment of staff of the Authority (section 23), and
compensation for loss of office (section 24). Additionally, under the provisions of section 26 of
the Act, it is provided that the Authority shall exercise and perform its functions so as to ensure
that its revenues are sufficient to:

(a)     pay installments of compensation to local authorities for any waterworks transferred
        under section 11 of the Act;
(b)     cover operating expenses (including taxes) and to provide adequate maintenance and
        depreciation, and interest payments on borrowing;
(c)     meet periodic repayments on long-term indebtedness to the extent that any such
        repayment exceeds the provisions for depreciation; and
(d)     creates reserves for the purpose of future expansion.

DILLON TEAM                                                                                    3-9
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                     Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                 January 2004


Part III of the Water and Sewerage Act provides for the management of the water sector, and
has limited relevance to the management of the wastewater sector. However, it should be
noted that section 51 provides that if it appears to be necessary for the purpose of protecting
against the pollution of any water which belongs to the Authority (or to any water purveyor),
the Authority may, after consultation with the Minister of Health, establish bye-laws to define
any area within which special measures may be prescribed to protect water resources.

Part IV of the Water and Sewerage Act provides for the regulation of wastewater services.
Section 62 of the Act provides that the Water and Sewerage Authority is responsible for:
(a)     maintaining and developing the existing wastewater system and other property relating
        thereto, and all wastewater works that are transferred to it under section 11 of the Act;
(b)     constructing and developing such further wastewater works as it considers necessary
        or expedient; and
(c)     for administering the established wastewater services, and providing wastewater
        facilities in Trinidad and Tobago.
Part V of the Water and Sewerage Act establishes the power of the Authority to acquire land
and water rights for the purpose of undertaking any water or wastewater works (section 71),
and the power to supply water and wastewater fittings and appliances (section 72). Section 73
of the Act directs the Authority to provide wastewater facilities where required for new
buildings, and establishes the application process for the provision of such facilities, and
includes provisions for the payment of expenses. Section 74 establishes liability for and
provisions for the recovery of water and wastewater rates, which are recoverable under the
provisions of the Rates and Charges Recovery Act - Chapter 74:03. Measures are
established under section 75 concerning the payment and recovery of water and wastewater
rates, and under section 76 concerning the recovery of expenses (and interest) from the
owners of premises. The limitation of liability for the payment of expenses to the Authority in
respect of certain owners is established under section 77. Miscellaneous provisions relating to
legal proceedings and penalties under the Act are contained in sections 78 to 85, while section
84 empowers the Water and Sewerage Authority to make Regulations to give effect to the
requirements of the Act.

3.2.2   Regulated Industries Commission Act

The Regulated Industries Commission Act - Act No. 26/1998 (which repealed the Public
Utilities Commission Act - Act No. 16/1966), was intended to provide for the regulation and
licensing of those “service providers” listed in the First Schedule:

   •    The Water and Sewerage Authority (WASA)
   •    The Trinidad and Tobago Electricity Commission (T&TEC)
   •    The Telecommunications Services of Trinidad and Tobago Limited (TSTT)
   •    The Power Generation Company of Trinidad and Tobago Limited (POWERGEN)
   •    InnCogen Ltd (INNCOGEN)

The RIC was formally established in April 2001, as a successor to the Public Utilities
Commission (PUC), with a new Act and a new mandate.

Section 4 of the Regulated Industries Commission Act establishes the Regulated Industries
Commission, which is given wide powers to regulate all service providers. The Commission
DILLON TEAM                                                                                 3-10
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


ensures, as far as is reasonably practicable, that the service provided by a service provider
operating under prudent and efficient management will be on terms that will allow the service
provider to earn sufficient return to finance necessary investment (section 6 (1) (c) of the Act).
Additionally, the Commission is empowered to:

   •   monitor service providers;
   •   prescribe standards for services;
   •   impose sanctions for non-compliance with standards and operating conditions;
   •   establish principles for the determination of rates;
   •   monitor rates charged by service providers;
   •   carry-out periodic reviews of the rating regimes of service providers;
   •   facilitate competition between service providers where competition is possible and
       desirable;
   •   investigate complaints by consumers; and
   •   impose and collect fees for licences.

Section 6 (3) of the Act provides that in the performance of its functions the Commission, shall
amongst other matters, have regard to the current National Environmental Policy (see above).

Section 37 of the Regulated Industries Commission Act provides that no entity may provide
water and wastewater services except under the authority of a licence issued by the
Commission. The procedures relating to the licence application and review process are
outlined in Part IV of the Act. It should be noted that in granting any licence under the Act, the
Commission may issue conditions to the licence which may include, amongst other matters:

   •   the principles by which the maximum rates for the service are determined; and
   •   the minimum quality and service standards applicable to the service.

Additionally, sections 57 and 59 impose requirements on a licenced service provider to furnish
reports and such other information as may be required by the Commission.
Under the provisions of section 47 of the Act, a service provider may not, in respect of any
service it provides, demand or receive a rate greater than:

   •   the maximum rate permitted by a licence or under the principles established by
       Regulations; or
   •   any other rate determined by the Commission in accordance with the Act.

Section 48 of the Act provides that the Commission shall review the principles for determining
rates and charges for services every five years or at shorter interval as it may determine. Part
VI of the Act outlines the procedures for investigating complaints or undertaking any review in
relation to a service provider.

To fulfill its mandate, RIC prepared a draft document to form the basis for measuring WASA’s
performance in the area of quality of service entitled “Quality of Service Standards for the
Supply and Distribution of Water and for Wastewater Services” which was distributed for public
consultation in March, 2003. Two categories of service standards were established:


DILLON TEAM                                                                                  3-11
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                        Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                    January 2004



        •   Guaranteed Standards, which carry penalties if they are not met; and
        •   Overall Standards, which must also be met but do not carry penalties.

3.2.3       Environmental Management Act

Enacted in 1994 the Environmental Management Act provides for the management of the
environment within Trinidad and Tobago through the establishment and operation of the
Environmental Management Authority. This Act was subsequently repealed and replaced in
2000. There were no significant differences in the new Act. The Act, set out in nine Parts,
establishes the Environmental Management Authority (EMA) in Part II, invests the Authority
with functions and powers in Part III, and deals with environmental management matters in
Parts IV, V and VI. It is these Parts of the Act that are of significance for the management of
the wastewater sector, particularly in relation to the management of pollution that may
emanate from wastewater treatment plants.

Section 31 of the Act provides that the Environmental Management Authority and all other
government entities (i.e. including the Water and Sewerage Authority and the Trinidad and
Tobago Solid Waste Management Company Limited (SWMCOL)) shall conduct their
operations and programs in accordance with the National Environmental Policy established
under the Act (section 18). The National Environmental Policy, which was formally submitted
by the Environmental Management Authority to the Minister in July 1998, contains a number of
articles that are or relevant to the management of pollution and waste. Chapter 2 of the
document outlines the goals, objectives and basic principles of the National Environmental
Policy, which include the specific objective to: “Prevent, reduce or eliminate various forms of
pollution to ensure adequate protection of the environment and consequently the health and
well-being of humans”. Of particular importance is the mention of the goal to provide economic
incentives in order to promote waste minimization, and the need to provide communities with
opportunities to participate in decision-making in respect to all projects that may impact upon
their health or well-being. Other policy directives in the document include:

(i)         the reduction of marine pollution from land-based sources (which would include
            wastewater discharges);
(ii)        the protection of wetlands from all forms of pollution;
(iii)       the protection of water resources through the prohibition or regulation of discharges of
            hazardous substances to surface and ground water aquifers;
(iv)        to ensure that all wastewater receive the degree of treatment necessary to protect the
            waters of Trinidad and Tobago prior to being discharged;
(v)         to protect existing or planned ground and surface sources of public drinking water from
            direct or indirect contact with wastewater and other wastes;
(vi)        to establish ambient water quality guidelines and standards and limits on the
            concentration of substances in point-source discharges (including wastewater
            discharges);
(vii)       to enforce pollution control through a system of permits and licences which will set
            pollution limits or performance standards for waste and hazardous substances
            (including wastewater) - such permits will establish environmental monitoring and
            reporting requirements;
(viii)      to promote the “polluter pay principle” through the imposition of appropriate economic
            instruments against all persons or facilities responsible for pollution;
DILLON TEAM                                                                                    3-12
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                         Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                     January 2004


(ix)    to promote the use of wastes as an energy source;
(x)     to ensure that wastes are recovered or disposed of without endangering human health
        and without using processes or methods which could harm the environment, and in
        particular without causing risk to air, soil and plants and animals, without causing
        nuisance through noise or odors, and without adversely affecting the landscape;
(xi)    to develop measures to prevent occurrences of environmental incidents, or to manage
        or mitigate impacts from such emergencies;
(xii)   to establish a system of environmental clearance (or environmental impact
        assessments) for water and wastewater systems.

Section 26 of the Environmental Management Act empowers the Environmental Management
Authority to make rules for the purpose of giving effect to the requirements of the Act. Acting
under this provision, and to give effect to some of the goals and objectives of the National
Environmental Policy, the Environmental Management Authority has developed and
promulgated the Certificate of Environmental Clearance Rules 2001. These Rules outline the
process and procedures to be applied in any application for a Certificate of Environmental
Clearance under section 36 of the Act.

Section 53 of the Environmental Management Act provides that the Environmental
Management Authority may require and grant a permit to any facility or process releasing
water pollutants. It should be noted that the definition of “water pollutants” under section 2 of
the Act is sufficiently broad to include wastewater. Additionally, it is provided under section 54
of the Act that no person shall release or cause to be released any water pollutant into the
environment which is in violation of any applicable standard, permit or requirement under the
Act. Acting under these provisions, and to give effect to some of the goals and objectives of
the National Environmental Policy, the Environmental Management Authority has developed
and is about to promulgate the Water Pollution Rules 2001. These Rules outline the process
and procedures to be applied in any application for a Water Pollution Permit under section 53
of the Act. It should be noted that, although the Rules have not yet been Gazetted, it is
anticipated that all operational wastewater facilities will require such a permit. Additionally, it is
anticipated that a system of monitoring and reporting will be established as part of the permit
process.

Section 57 of the Environmental Management Act provides that the Environmental
Management Authority may require and grant permits to authorize any wastewater activities,
or licence the operation of any wastewater handling facility, subject to such terms and
conditions as seems fit.

3.2.4   Other Water Pollution Related Legislation

The Water Pollution Rules which will be enacted by Parliament in 2004 will feature:

        A source application must be submitted by any person who discharges any water
        pollutant as defined by the Rules;
        The application must be submitted within 45 days of the coming –into-effect of the
        rules;
        Where the Authority determines that the applicant is discharging a water pollutant, they
        shall issue to the applicant a Registration Certificate;
DILLON TEAM                                                                                      3-13
 Inter-American Development Bank
 Long-Term Development Planning Study – Towards Vision 2020
                                                                                       Second Draft
 Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


         Registration Certificates are effective for a period of three years from the date of issue;
         Where the Authority determines that a person is discharging a water pollutant in
         excess of the maximum permissible level, the Authority may notify that person to apply
         for a Permit; and
         Permits may be issued for a period not exceeding five years.

 These Rules will define the parameters for wastewater effluent quality to be enforced under
 different receiving water conditions. The following Table 3-5 shows the evolution of effluent
 standards in Trinidad and Tobago for the key treatment process design constituents with a
 further comparison to the UNEP Cartegena Protocol standards adopted throughout the Wider
 Caribbean Region. The new standards are particularly more stringent than in the past for the
 discharge of phosphorous and nitrogen biological nutrients which can adversely impact
 freshwater and coastal environments.

                                   TABLE 3- 5:
                    PERMISSIBLE LEVELS OF WATER POLLUTANTS
               DESIGN CRITERIA FOR WASTEWATER TREATMENT PLANTS
         WATER POLLUTANTS                                RECEIVING ENVIRONMENT
                                             Inland     Coastal
                                             Surface    Near       Marine   Environmentally
No    Parameters or Substances                Water     Shore      Offshore Sensitive Areas
                             EMA ACT, WATER POLLUTION RULES, 2001
 1.   Biochemical Oxygen Demand (BOD)             30        50         100         10
 2.   Chemical Oxygen Demand (COD)               250       250         250         60
 3.   Total Suspended Solids (TSS)                50        150        200         15
 4.   Total Oil & Grease                          10         15        100     No release
 5.   Ammoniacal Nitrogen (as NH3-N)              10        10          10         0.1
 6.   Total Phosphorus (as P)                      5         5          5          0.1
 7.   Total Residual Chlorine (as CL2)             1         1          2          0.2
 8.   Faecal Coliforms                           400       400         400        100
                                TTS 547/1998, INDUSTRIAL EFFLUENTS
 1.   Biochemical Oxygen Demand (BOD)             30        50         100         10
 2.   Chemical Oxygen Demand (COD)               250       250         250         60
 3.   Total Suspended Solids (TSS)                50        150        200         15
 4.   Total Oil & Grease                          10         15        100    No discharge
 5.   Ammoniacal Nitrogen (as NH3-N)              10         10         10        0.01
 6.   Total Phosphorus (as P)                      5         5          5          0.1
 7.   Total Residual Chlorine (as CL2)            1.0       1.0        2..0        0.2
 8.   Faecal Coliforms                           400       400         400        100
                    TTS417/1993, DOMESTIC WASTEWATER TREATMENT PLANTS
 1.   Biochemical Oxygen Demand (BOD)             25        25         175         25
 2.   Chemical Oxygen Demand (COD)
 3.   Total Suspended Solids (TSS)                30         30        175         30
 4.   Total Oil & Grease
 5.   Ammoniacal Nitrogen (as NH3-N)
 6.   Total Phosphorus (as P)
 7.   Total Residual Chlorine (as CL2)            0.1       0.1        0.1         0.0
 8.   Faecal Coliforms                           4000      4000       4000        400
                         UNEP CARTEGENA PROTOCOL FOR THE WCR, 1983
 1.   Biochemical Oxygen Demand (BOD)                                  150         30
 DILLON TEAM                                                                                   3-14
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                              Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                          January 2004


2. Chemical Oxygen Demand (COD)                                                                 150
3. Total Suspended Solids (TSS)                                                   150            30
4. Total Oil & Grease                                                              50            15
5. Ammoniacal Nitrogen (as NH3-N)                                                                10
6. Total Phosphorus (as P)                                                                       1
7. Faecal Coliforms                                                                             200
All units are in milligrams per liter (mg/L) except for faecal coliforms (counts per 100ml)

The National Housing Authority (NHA), which owns and operates several wastewater
treatment facilities in housing development areas, is established under section 3 of the
Housing Act - Chapter 33:01. The powers of the National Housing Authority are outlined in
section 10 of the Act, and have been interpreted broadly to include the power to construct,
manage and operate any sanitary facilities for houses owned by the Authority. Although the
Act does not grant the Authority the power to charge rates for providing sewerage treatment
services or facilities, section 74 of the Housing Act allows the Authority to prescribe fees and
charges.

The Land Acquisition Act - Act No. 28/1994 establishes the process and procedures for the
acquisition of land where required for “public purposes”, which would include the acquisition of
land for the provision of wastewater facilities. Part II of the Act outlines the procedures for
acquiring any land, and Part III outlines the procedures relating to the award of compensation
in respect of such acquisitions.

Under the provisions of the Public Health Act - Chapter 12, power is vested with the Ministry of
Health and the Local Authorities to regulate the construction and operation of facilities that
may impact upon human health. Section 22 of the Act grants power to the Central Board of
Health (and health inspectors) to enter any premises to inspect water and wastewater works,
and the Local Authorities are required to assist in any such inspection. Powers to correct any
public health concern arising from any water supply or wastewater facility are also provided.
Under the provisions of Part III of the Act, all applications for a building permit are to be
submitted to the Local Authority for approval. In practice, every application submitted to a
Local Authority is reviewed by an officer of the Central Board of Health who verifies that the
proposed construction complies with water and wastewater requirements and standards. In
certain instances, the application is referred for the review of the Water and Sewerage
Authority to ensure that any proposed wastewater facility meets with the operational
requirements and standards of the Authority. Part V of the Act establishes requirements for
sanitary conveniences, drains for wastewater. Section 57D establishes a prohibition on the
discharge of any sullage water into a yard drain where a collecting sewer or street sewer is
connected to the property. Section 57E of the Act establishes the rights of property owners
and occupiers to discharge sullage water and surface water into the public sewer system
(where provided). Section 57E (2) provides that no premises or industrial facility may
discharge any wastewater into a public drain. Section 59C vests power with the Local
Authorities to examine and test drains, sanitary conveniences and other sanitary facilities that
are believed to be defective, while sections 69 et seq. of the Act empowers the Local
Authorities to inspect premises in cases of any nuisance, and issue notices requiring the
abatement of such nuisances. Section 60A provides that the Local Authorities as well as the
Water and Sewerage Authority may make bye-laws relating to the provision of sanitary
facilities in buildings. Relevant bye-laws made under the Act include the Privies (Port-of Spain)
Bye-Laws R.G.10.9.42, the House Refuse and Offensive Matter (San Fernando) Bye-Laws
DILLON TEAM                                                                                           3-15
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                  Second Draft
Environment and Natural Resources Management for Trinidad and Tobago              January 2004


R.G. 26.4.23, the Privies (San Fernando) Bye-Laws R.G.24.4.27., and the Privies (Arima) Bye-
Laws R.G. 1.2.34 which establish standards and requirements for wastewater discharges and
sanitary facilities.

3.2.5   Policies Affecting the Fresh Water Resources Sector

There are a number of Government policy papers which impact upon or affect the freshwater
management sector. Although in most instances these policy documents do not have the
same legal force and effect as Acts of Parliament (with the possible exception of the National
Environmental Policy which is given legal force and effect through the Environmental
Management Act), they are considered to be important regulatory instruments.

The National Environmental Policy, formulated by the Environmental Management Authority in
June 1998 under the requirements of the Environmental Management Act, has been outlined
above. In view of the fact that it is binding upon Government agencies (including the Water
and Sewerage Authority and the Trinidad and Tobago Solid Waste Management Company
Limited (SWMCOL)), it has an important role to play in regulating the wastewater sector and in
identifying strategic goals for the development of the sector. Accordingly, all operational
aspects relating to the management of waste should comply, where possible, with the goals
and objectives outlined in the National Environmental Policy.

A Draft National Water Resources Management Policy (WRMP) was prepared with assistance
from the IDB. This document was recently circulated for public comment via the media, email,
postal service and a series of public consultations involving communities, youths, NGO’s,
professional bodies, and wider national community were held. The revised version was
published in September, 2003. The goal of the policy is to support the socio-economic
development of Trinidad and Tobago through the integrated management of the water
resources and the environment (land, air, flora and fauna), satisfying and managing the
growing demands of all water users in a sustainable, efficient and effective manner, while
maintaining and/or enhancing the quality of the environment and the integrity of eco-systems
and minimizing damage and losses to life and property due to water related disasters.

This Policy establishes a framework for integrated water resources management and takes
into consideration the following:

   •    Water sources, including surface water, groundwater, coastal water, and other
        sources;
   •    Water quantity and quality;
   •    Allocation of water to various sectors and sub-sectors “users”;
   •    Functions and uses of water in various sectors and sub-sectors;
   •    Organisations, actors, and stakeholders involved in water resources management at
        central and decentralised levels;
   •    The concepts of availability, demand management, and water conservation;
   •    Cultural and ethical perceptions of water;
   •    Social, economic, and environmental values of water; and
   •    The life cycle of water management interventions, including planning, design,
        execution, operation, and maintenance.
DILLON TEAM                                                                              3-16
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                  Second Draft
Environment and Natural Resources Management for Trinidad and Tobago              January 2004



3.3       Institutional Framework

There is a multitude of agencies and institutions involved in the water sector and in the
execution of water resources management functions. These include the Environmental
Management Authority, Ministry of Health, Ministry of Agriculture, Land and Marine
Resources, Tobago House of Assembly (THA), Town and Country Planning Division, Water
and Sewerage Authority (WASA), Drainage Division, Water Resources Agency (WASA) and
the Institute of Marine Affairs. The primary water resources institution, (the Water Resources
Agency) is inappropriately lodged in the Water and Sewerage Authority. This shortcoming is
further compounded by the absence of a coordinating agency and coordinating mechanism to
facilitate effective water resources management.

The GOTT is currently planning the establishment of a new Water Resources Management
and Meteorological Authority. This Authority will be given primary responsibility for the
integrated management and development of the country’s water resources with a view to
ensuring the efficient and equitable use of water and atmospheric resources within an
appropriate administrative and organizational framework. Merger of the Meteorological Office
within the proposed Authority will facilitate the establishment of an Integrated Hydro-
Meteorological system for water resources planning. Water supply and wastewater services
will remain under the jurisdiction of WASA.

3.4       Issues and Responsive Measures

3.4.1     Water Resources and Supply

Water resources issues are detailed in the Water Resources Management Strategy (WRMS)
Study prepared in December 1999 for the Government of Trinidad and Tobago. The study
recommended a variety of measures to resolve the issues and improve water resources
management in the country:

      • Implementation of the concept of integrated water resources management to achieve
         sustainable development of the nation’s water resources through the adoption of a
         National Water Resources Management Policy;
      • Establishment of an effective and financially autonomous institutional framework to
         facilitate efficient water management through the establishment of a financially
         autonomous Water Resources Management Authority;
      • Development of the legislative and regulatory framework for the new Authority;
      • Meet growing demands for water and implement measures for the effective allocation
         of water to meet domestic, commercial, industrial, agricultural and ecological use;
      • Protection of water quality and control of pollution; and
      • Development of the capacity, research and tools to support decision-making.

To facilitate implementation of a framework for Integrated Water Resources Management
nationally, the following is needed:
      •   Completion and adoption of the National Water Resources Management Policy;


DILLON TEAM                                                                              3-17
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                   Second Draft
Environment and Natural Resources Management for Trinidad and Tobago               January 2004



   •    Drafting and enactment of the Water Resources Management Legislation to facilitate
        the establishment of a National Water Resources Management and Meteorological
        Authority; and
   •    Establishment of the new National Water Resources Management and
        Meteorological Authority.

To improve WASA’s management of water supply services, the following implementation
programs are recognized and urgently required:

   •    Expansion of the water supply to the wider community;.
   •    The renewal and optimization of WASA's asset base and the rehabilitation of
        reservoirs, wells and pumping stations;
   •    The redesign of the entire pipeline network system in Trinidad and Tobago. Currently
        the Authority mains replacement programme rate is 100 km per annum and this will be
        increased to 250 km per annum;
   •    The development of utility corridors in collaboration with other utilities;
   •    The implementation of a leak management programme;
   •    A demand management programme with universal metering as a major component;
   •    A Bulk Metering Programme designed to provide data for leak repair management in
        District Metered Areas (DMA);
   •    The installation of SCADA and telemetry systems to improve the efficiency of the
        network; and
   •    A programme to deal with illegal connections designed to reduce this to no more than
        5% of Customer base.
   •    Implementation of an Environmental Management System and Disaster Preparedness
        Plan for the public water supply and wastewater sector.

Institutional strengthening programs in the water sector needed by WASA are:

   •    Development of a Water Master plan to establish programmes, define the component
        improvements and determine priority of implementation over the investment period;
   •    Provision of managed information systems to enhance customer information, human
        resources and financial systems, design to SCADA telemetry and upgrade of GIS; and
   •    A human resources programme to promote organizational efficiency and leadership.

3.4.2   Water Pollution

Although WASA's wastewater treatment plants are still functioning better than all others, the
existing WASA facilities are old. The three main plants are approaching 40 years in age and
parts are obsolete and difficult to maintain. The wastewater collector systems in some
instances are even older for example Port of Spain, and are in urgent need of rehabilitation or
replacement.

The NHA’s 18 wastewater treatment plants even though in better condition to other private
plants are poorly maintained.



DILLON TEAM                                                                               3-18
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


The 200 privately owned plants are almost entirely nonfunctional. They are from a wide range
of manufacturers and include equipment from several countries. There is little standardization.

Some of the critical wastewater sector issues and needs are summarized as follows:

Legal and Regulatory

(a)   In respect of the role of WASA, there is a need to provide for the separation of
      “regulatory” and “operational” functions in relation to permit and license approvals for the
      construction and operation of wastewater facilities (under the Environmental
      Management Act, the Public Health Act, and the Planning and Development of Lands
      Bill) so as to address the conflict of interest situation which currently confronts the
      Authority;
(b)   In order to comply with the requirements of the Planning and Development of Lands Bill
      there is a need for Government to initiate the formulation of a strategic plan for the
      wastewater sector which should, amongst other matters, identify land and utility needs
      and requirements;
(c)   In the event that Government may seek to expand private sector participation in the
      provision of wastewater services, there will be a need to establish appropriate legislative
      provisions to facilitate the charging of service fees and rates by the private sector;
(d)   With particular reference to the role of the Regulated Industries Commission, it was
      considered that a comprehensive regulatory regime cannot be developed for the
      wastewater sector in the absence of a strategic plan or policy, and for this reason urgent
      consideration should be given to the finalization of a national policy for the wastewater
      sector;
(e)   Adequate resources should be provided with WASA to deal with the increased
      regulatory, monitoring and reporting responsibilities that will be required under the
      Environmental Management Act and the Public Health Act.
(f)   Implement the Environmental Management Authority (EMA) 2001 draft Water
      Pollution Rules made under the Environmental Management (EM) Act (Immediate).

Institutional

(a)   In view of the considerable institutional fragmentation and duplication within the
      wastewater sector, there is a need to rationalize the duties, functions and responsibilities
      of agencies, particularly relating to wastewater policy formulation, strategic planning,
      operational planning, and the regulation of wastewater facilities and services including:

      •   establishment of operational, environmental and health standards;
      •   licensing;
      •   permitting
      •   inspections;
      •   monitoring; and
      •   enforcement.

(b)   There is an urgent need to provide much-needed focus on the wastewater sector through
      an immediate improvement in the wastewater operational capabilities of WASA;

DILLON TEAM                                                                                  3-19
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


(c)   The government should support mechanisms for encouraging the rational participation of
      other public sector agencies, local authorities and the private sector in the provision of a
      range of wastewater services;
(d)   There is a need to build public awareness and stakeholder consensus in relation to
      several key wastewater principles and issues, namely-
      • the low status and weak public perception of the wastewater sector and WASA;
      • the development and implementation of a strategic plan for the wastewater
          sector; and
      • the need for fair and reasonable tariffs to make the wastewater sector      financially
        viable.

In IADB’s 2000 Report on the wastewater sector a comprehensive institutional capacity
building program was recommended which has been updated to reflect an investment need of
TT$ 42.5 million (US $ 7.1 million) in 2003 prices and is detailed in Table 3-6 which follows. It
is recommended that this 14-point institutional strengthening program be implemented as a
high priority.

                                 TABLE 3-6
          WASA INSTITUTIONAL CAPACITY BUILDING PROGRAM (TT$ x 1,000)
                          Year:                     2004     2005      2006    2007     2008
                      Component                      Short Term             Medium Term
 1. Institutional & Strategic Planning/Management    1,890    1,890     1,890   1,890    1,890

 2. National Master Plan for Wastewater              4,725    4,725
 Infrastructure Development
 3. Capital Project Management                         630    1,260     1,260

 4. Process Control                                    630      630

 5. Laboratory Evaluation and Upgrading                880    1,325

 6. Tariff Review and Revision Strategy                575    1,000

 7. Regulatory Compliance                              710      710

 8. Health and Safety Program                          300      485

 9. Environmental Management System                    575    1,000

 10. Disaster Contingency Planning                     300      485

 11. Development of Standards                          300      485

 12. Information Management System                     575    1,000

 13. Training                                          575    1,000

 14. Public Education and Awareness                    945      630       315      315

 TOTAL COST IN 2000 TT $                            13,610   16,625     3,465    2,205     1,890
 TOTAL COST IN 2003 TT $                            15,311   18,703     3,898    2,481     2,126


DILLON TEAM                                                                                  3-20
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                          Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                      January 2004



Economic and Financial

(a)       There is an urgent need to provide substantial resources to finance critical investments in
          the wastewater sector;

(b)       The only option that is available to ensure that the wastewater sector is financially viable
          in the long term is cost recovery from beneficiaries through tariffs and other fees, and
          possibly capital contributions;

(c)       It is recommended that Government demonstrate its support and commitment to
          addressing problems within the wastewater sector by initiating a staged tariff increase;

(d)       To establish the foundation for an eventual application to the Regulated Industries
          Commission for a wastewater rate increase:

      •    the water and wastewater finances and budget should be separated within WASA;
      •           a public education and awareness campaign should be initiated that highlights
           the need to recognize the “Polluter Pay” principle and the payment of fair and
           reasonable charges once improvements in service can be demonstrated.

WASA’s Wastewater Sector Improvement Plans

A capital work infrastructure program was recommended in the IADB 2000 Report. These
recommendations have been largely accepted by the Government of Trinidad and Tobago,
and comprise the following seven components which have been adjusted to 2003 prices:

      a)         Nine WASA WWTP’s and associated Lift Stations               US$ 11.4 M
      b)         Rehabilitation of Scarborough WWTP                          US$     0.7
      c)         Greater Port of Spain Sewerage System                       US$ 67.3
      d)         Four Pilot Adoption/Integration Project                     US$     3.5
      e)         High Priority Adoption/Integration Projects in Trinidad     US$ 52.4
      f)         Integration of Tobago Systems                               US$     1.9
      g)         South-West Tobago Wastewater System                         US$ 41.9
           TOTAL                                                       US$ 179.1 M
                                                                       (TT$ 1,075 B)

Based on the current coverage the wastewater sector has the greatest potential for growth. It
has been quantified as almost 80% growth, 10% growth for non-functional privately owned
treatment facilities and 70% for the unserviced areas.            This problem is of enormous
magnitude and the cost to improve the sector has been assessed by WASA in their 2020
Vision Strategic Planning at approximately two (2) billion dollars in the following areas:

      •    WASA in-house plant (20%);
      •    Privately owned Wastewater Treatment Facilities (10%)
      •    Universal wastewater servicing coverage (70%)




DILLON TEAM                                                                                      3-21
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                    Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                January 2004


The following are the key recommendations to address the need for wastewater treatment
improvements nationally.

      •   Complete the engineering and implement the necessary measures to upgrade all 12
          existing WASA owned wastewater treatment plants to a sustainable level of operating
          efficiency that meets environmental standards in effect for domestic wastewater
          discharges at an estimated cost of US$ 179.1 M(TT$ 1,075 B);
      •   Takeover and upgrade the 18 NHA wastewater treatment plants at an estimated
          investment cost of
      •   Implement a wastewater investment program to rehabilitate/replace, expand and take
          over operation of the many malfunctioning private wastewater treatment plants across
          the country on a prioritized annual basis over the short and medium term; and
      •   Finalize enforceable standards (and regulations) for pre-treatment of industrial
          wastewater effluents to WASA sewerage systems and the close monitoring of pre-
          treatment processes on industrial sites.

3.5       SIDS POA Progress

Section 45 A. of the Program of Action concluded at the United Nations Global Conference on
the Sustainable Development of Small Island Developing States (SIDS POA) in Bridgetown,
Barbados, April 25-May 6, 1994 required States to implement the actions, policies and
measures at the national level as shown in the left column of Table 3-7. The actual GOTT’s
program of action to fulfill these obligations is shown in the right column, if implemented, and
where action has not been taken, the consultant has inserted an action recommendation.




DILLON TEAM                                                                                3-22
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                            Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                        January 2004



                                  TABLE 3-7
                PROGRAM OF ACTION FOR FRESHWATER RESOURCES
           NATIONAL LIABILITIES                    ACTION
(i) Develop, maintain and protect watershed           •   Develop and implement the National Water
areas, irrigation systems, distribution networks          Resources     Management     Policy   that
and appropriate catchment systems and promote             establishes the basis for water catchment
effective programmes for water conservation and           protection
prevention of water contamination through, inter
alia, the development of integrated national water
plans, the use of appropriate incentives and
regulatory measures, community involvement in
management          and     conservation,    forest
management and reforestation and investment
strategies (SIDS POA).
(ii) Adopt appropriate standards for the              •   Finalize and enact new Drinking Water Quality
management of freshwater resources, and                   Standards.
develop and strengthen low-cost monitoring and        •   Establish the new National Water Resources
assessment capabilities, linked to water resource         Management and Meteorological Authority.
databases, for relevant decision- making tools
including     forecasting    models     for  water
management, planning and utilization (SIDS
POA).
(iii) Strengthen procedures to monitor and            •       Commenced under CPACC. Approval and
respond to the impacts of natural and                     implementation of Climate Change Adaptation
environmental hazards, in particular the impacts          Policy and Action Plan required
of climate change and climate variability,
including drought and sea-level rise, on water
resources (SIDS POA).
(iv) Encourage the development and acquisition        •   Prepare and adopt a National Wastewater
of appropriate technology and training for cost-          Management Policy integrated with the National
effective sewage disposal, desalination and               Water Resources Management Policy.
rainwater collection to provide sufficiently high     •   Implement the Environmental Management
quality potable freshwater, including opportunities       Authority (EMA) 2001 draft Water Pollution
for technology interchange between small island           Rules made under the Environmental
developing States (SIDS POA).                             Management (EM) Act
(v) Strengthen national capacities to make            •   Develop and implement the National Water
decisions between competing demands over the              Resources Management Policy
allocation of limited water resources (SIDS POA).     •   WASA complete their review and assessment of
                                                          the ETI/LP hydrogeological scientific studies on
                                                          the groundwater potential for Trinidad and
                                                          Tobago




DILLON TEAM                                                                                         3-23
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                    Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                January 2004



4.     COASTAL AND MARINE RESOURCES
4.1    Situation Analysis and Liabilities

Under international law, Trinidad and Tobago has jurisdiction over 75,000 square kilometers of
ocean space or 15 times its land area. Trinidad and Tobago’ s west coast is bounded by the
Gulf of Paria, the south coast by the Columbus Channel, the east coast by the Atlantic Ocean,
and the north coast by the Caribbean Sea. The country’s geographic situation has resulted in
a wide variance in the oceanographic characteristics of the marine environment around the
islands. In the north east, the country’s marine environment consists mainly of deep oceanic
waters, in the north-west it includes wide areas of the shallower South American continental
shelf, and in the south it is influenced by the riverine discharges of northeast South America,
principally the Amazon and Orinoco.

The living marine resources found within this area are characterized by a high diversity of
species. The diverse species composition and seasonality of the fisheries in the marine waters
of Trinidad and Tobago is attributed to the combined effects of oceonographic as well as
topographic factors. The marine resources can be broadly grouped according to habitat as
follows:

• Small Coastal Pelagics – sardines, anchovies, herrings;
• Coastal Pelagics – carite, shark, cavalli, flying fish;
• Coastal Demersal associated with soft, muddy substrates – shrimp, croaker, salmon;
• Coastal Demersal associated with hard bottom coralline substrate – snappers, groupers,
  lobsters;
• Oceanic (Highly Migratory) Species – tuna, swordfish and other billfish, king fish, sharks;
• Deep Water Demersals – snappers, groupers, tilefish, shrimp.

A number of sigh stocks are common with northeast South American countries. Trinidad and
Tobago also shares migratory fish stocks with the Caribbean island chain. Therefore, joint
fisheries management with these countries is an important element of any regime to provide
for the sustainable management of living marine resources. It is noted that a number of
species/fisheries are considered to be over-fished including white and brown shrimp, croaker,
salmon, ground-fish fishery, Lane Snapper, Yellow-edge Grouper, and Bigeye Tuna.

The importance of marine living resources to the economy of Trinidad and Tobago is reflected
in the contribution of its fisheries to food security, employment generation, foreign exchange
earnings, rural stability and social cohesion. The fisheries sector employs an estimated 6,000
people, of whom 4,000 are involved in harvesting marine resources. The sector provides
indirect employment to over 50,000 persons. Fisheries is the mainstay of local economies in
coastal rural communities, contributing to food and nutrition as well as to the social, cultural
and traditional lifestyles of these communities.

The national fleet comprises approximately 1,600 commercial vessels of which 91% are
artisanal and 9% semi-industrial and industrial. Approximately 300 vessels are involved in the
recreational fishery. A variety of fishing gears are used including gillnets, line methods
employing trolling/towing, switchering, banking, pelangue and pelagic long-line, and seine net,

DILLON TEAM                                                                                 4-1
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                     Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                 January 2004


net trawling and the use of fishpots. Trawling and gill-netting account for approximately 80% of
landing in Trinidad and Tobago, and carite catches is the most important single fin-fish species
from gill nets accounting for 25% of the value of landings. In 2000, the sector generated TT$62
million (US$10 million) in foreign exchange from exports of about 4,000 metric tons of fish.
Total annual landings were estimated at 145,000 metric tons. In 2002, the fisheries sector
contributed TT66 million which represents approximately 8% of the contribution of the
agricultural sector to GDP. The percentage share of the fisheries sub-sector to agricultural
GDP has been declining over the years (11.3% in 1995 compared to 8.17% in 2001) largely
due to reduced value of fisheries sector (TT$86 million in 1994 compared to TT$65.9 million in
2001) and increases in the overall agricultural GDP (TT$651 in 1994 compared to TT$806.4 in
2001).

Aquaculture is a viable and expanding commercial activity in Trinidad and Tobago. Currently,
the country licences 15 practising food fish farms, 45 ornamental farms, and 6 government
institutions which are involved in aquaculture-related activities. Aquaculture production is
mainly subsistence in nature with a very small proportion of the harvest being marketed to
supermarkets and restaurants.

Trinidad and Tobago’s coastal resources include notable examples of unique ecosystems of
global significance, including the Nariva Swamp and Speyside Marine Area. Nariva Swamp,
comprising about 6,000 hectares, has the most varied plant and animal species of all wetlands
in Trinidad and Tobago, and is amongst the largest freshwater wetlands in the Caribbean. It
has been identified as a wetland of international significance under the Convention on
Wetlands of International Importance especially as Waterfowl Habitat (RAMSAR). The
Speyside Marine Area, located in northeastern Tobago, is of importance to global biodiversity
because of its species richness, its high degree of intactness, and the fact that it contains the
largest continuous reef system in this part of the Caribbean.
Human development pressure in sensitive coastal areas, waste and pollution from human
activities (including pollution from marine and land-based sources), and the unsustainable
exploitation of resources constitutes the greatest threats to the conservation and sustainable
management of living coastal and marine resources in Trinidad and Tobago. The challenges
of inappropriate fishing gear use, user conflicts and non-compliance of the resource users with
regulatory measures compound these problems.

4.2       Legal Framework

In the area of the management of coastal and marine resources, Trinidad and Tobago is a
signatory to the following relevant international agreements which are described in detail in
Annex III and should be read in context with this chapter:

      •   United Nations Convention on the Law of the Sea
      •   International Convention on the Conservation of Atlantic Tuna
      •   Cartagena Convention for the Protection and Development of the Marine
          Environment of the Wider Caribbean Region




DILLON TEAM                                                                                  4-2
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


The national regulation of coastal and marine resources is provided under a number of
different laws, namely:

•   In 1986, Trinidad and Tobago declared itself an Archipelagic State by the enactment of the
    Archipelagic Waters and Exclusive Economic Zone Act (24:1986), which gave effect to the
    major provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS
    III). This legislation establishes the archipelagic baseline and the rights of “innocent
    passage”, and conditions of access by foreign interests to the country’s fisheries
    resources.

•   The Fisheries Act (Chap. 67:51) first enacted in 1916 and amended in 1966 and 1975, is
    the principal legislation concerning domestic fishing. The Act gives the Minister responsible
    for fisheries the authority to make regulations prescribing mesh size of fishing nets,
    declaring an area to be a “protected area”, restricting the caught size and times of capture
    and preventing the sale of fish, shrimp, crabs and turtle. The Act prohibits the use of
    poison or explosives for the purpose of catching fish, and establishes general powers for
    fisheries officers, including inspection, seizure and forfeiture of fishing nets. The Fisheries
    Regulations (G.S. 25.2.1926) promulgated in March 1930, establishes prescribed net sizes
    and minimum sizes of fish allowed to be caught or sold, and establishes prohibited areas
    for the capture of fish and shell fish. The Fisheries (Amendment) Regulations 2002 (Legal
    Notice 160/2002) revises prescribed net sizes established under the 1930 Regulations,
    while the Fisheries (Control of Demersal Trawling) Regulations 2002 (Legal Notice
    161/2002) establishes areas for demersal trawling of fish and shrimp within the country’s
    exclusive economic zone during certain times of the year. The Oysters from Ortoire River
    Regulations (G.S. 5.12.1929) prohibits the taking of oysters from a prescribed area during
    a designated period every year. The Protection of Turtle and Turtle Eggs Regulations (G.S.
    119/1975) establishes a prohibition against the taking or possession of female turtle, the
    taking, removal or sale of turtle eggs, or the possession, purchase or sale of turtle meat
    during the breeding season.

•   The Fishing Industry (Assistance) Act (Chap.85:03) enacted in April 1956, and the Fishing
    Industry (Assistance) Regulations G.S. 55/1956) make provision for the granting of
    assistance to the fishing industry – largely in the form of quotas of fuel and lubricating oil
    for fishing boat engines, value-added-tax (VAT) exemptions on the purchase of boat
    engines, marine parts and accessories, subsidies for the purchase of boats, and tax
    exemption on imported vessels.

•   The Marine Areas (Preservation and Enhancement) Act (Chapter 37.02) enacted in 1970,
    provides for the designation of restricted areas for preserving the natural beauty of such
    areas, for the protection of the flora and fauna of such areas, for the promotion of the
    enjoyment by the public of such area, or for the promotion of scientific research in respect
    of such area. Under the Act, the Minister may assign to any board, committee of similar
    group, responsibility for the control and management of any restricted area. The Marine
    Areas (Restricted Area) Order (G.S. 140/1973) establishes the Buccoo Reef area in
    Tobago as a restricted area. Prescribed activities prohibited within the Buccoo Reef
    restricted area are established under the provisions of the Marine Areas (Preservation and
    Enhancement) Regulations (G.S. 63/1974).

DILLON TEAM                                                                                    4-3
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004



•     Under the Environmental Management Act (No. 3 of 2000) the Environmental
      Management Authority (EMA) has designed guidelines for the declaration of
      “Environmentally Sensitive Areas” (ESA) and “Environmentally Sensitive Species”(ESS).
      This regulatory framework is being used to address, in part, the gaps created in the
      existing legal and institutional framework for the conservation and protection of sensitive
      coastal ecosystems. Under Rules 3 and 4 of the Environmentally Sensitive Areas Rules
      2001 the Authority has designated the following coastal and marine areas as
      Environmentally Sensitive Areas:

      (a) Nariva Swamp; and
      (b) Buccoo Reef.

      The notice regulates the nature of activities that may be undertaken in designated
      Environmentally Sensitive Areas, and provides for the development of management plans
      for such areas.

Recognizing that the legal framework for the management of coastal and marine resources is
outdated and in urgent need of revision, a FAO technical assistance program was undertaken
in 1994 to update and consolidate fisheries legislation. A draft Marine Fisheries Management
Bill was prepared. This Bill was instructed by the 1995 Marine Fisheries Policy. One of the
major provisions of the proposed legislation would be to license all participants in the country’s
fishery and to shift from a policy of “open access” to “limited entry”. The proposed legislation
would also establish a Fisheries Management and Advisory Committee to formulate
management plans for the various fisheries. This proposed legislation is still under review, and
to-date has not been enacted.

4.3      Institutional Framework

The Fisheries Division of the Ministry of Agriculture, Land and Marine Resources is entrusted
with the responsibility to oversee the rational and sustainable development of the fisheries
sector while observing the principles of sound ecological management. The responsibilities of
the Division include:

•     Fisheries administration and policy, legislative and regulatory formulation associated with
      fisheries development;
•     Fisheries resource monitoring, evaluation and management-oriented research to ensure
      sustainable exploitation, management and conservation;
•     The provision and management of physical infrastructure in support of the fishing industry
      and maintenance of these facilities consistent with food safety and sanitary standards;
•     Interfacing with the fishing industry in the provision of extension services including
      education and training and assistance in organisation into formal cohesive structures;
•     Fisheries surveillance and enforcement to ensure compliance by the industry with
      regulatory measures;
•     The formulation and development of policies, plans and the legislative framework for
      aquaculture development;
•     Promotion of diversification of fish production and the provision of aquaculture extension
      services to fish farmers;

DILLON TEAM                                                                                   4-4
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                        Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                    January 2004



•     Fisheries training including fishing and seafood technology, marine engineering, maritime
      training as well as fisheries development activities.

The Division has established two fisheries related committees to assist in fisheries
management activities, namely:

(a)       Monitoring and Advisory Committee on the Fisheries of Trinidad and Tobago – which is
          a government/industry stakeholder committee established as a mechanism to encourage
          self-regulation within the industry;
(b)       National Monitoring Committee on Foreign Fishing and Related Matters which focuses
          on the monitoring and operations of fish transhipment companies and fishery products
          that operate out of the country’s ports.

The national program of fisheries research operated by the Fisheries Division focuses on
updating of assessments on fish stocks, and the use of various fishing techniques. Draft
National Fisheries Plans have been prepared for the major fisheries which contain levels of
exploitation to be allowed, and instruments for enforcement and monitoring of the Plans.
Additionally, Trinidad and Tobago is involved in a number of regional fisheries management
and conservation programs.

A number of studies have been undertaken to assess the human resource requirements of the
Fisheries Division which can no longer support the level and complexity of work required to
meet pressing national fisheries management priorities and requirements under various
regional and international fisheries management agreements. To date, none of the
recommendations contained in these studies have been approved.

In the Final Report for the IADB funded Study “Shoreline Management Plan for the
North/North East Coast of Trinidad” prepared by Haskoning Caribbean Limited in January,
2004 for TIDCO, the issue of the lack of a national coastal management institutional agency in
Trinidad and Tobago was addressed. In this Report it was recommended to:

      •    Establish a new Coastal Zone Management Unit (CZMU) as a high-level
           coordination authority at the national level, to ensure that policies and
           programmes for all coastal project areas emanating from various agencies are in
           harmony with each other. The (CZMU) should be run as an independent
           governmental body. It could be incorporated within the framework of a ministry (e.g.
           MOP&D or MOW&T) or existing agency (e.g. WRA, EMA). Since the efficiency of the
           CZMU is highly dependent on its administrative and executive dependence, this
           particular detail should be put into the debating of professional and executive
           community of the country.
      •    This newly formed CZMU would be responsible for management and planning for the
           entire coastal zone of Trinidad and Tobago. According to particular features of practical
           situations, this CZMU should establish local administrative offices at various locations
           in the country;
      •    The timeframe for establishment of this CZMU and for it to be fully operational is
           suggested by no later than 2010.


DILLON TEAM                                                                                     4-5
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                        Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                    January 2004



4.4      Issues and Responsive Measures

A number of critical issues relating to the management of climate change and ozone depletion
in Trinidad and Tobago have been highlighted. These are summarized below, in no particular
order of priority.

•         Trinidad and Tobago’s coastal areas are subject to competing development demands
      while experiencing significant natural and human induced changes. Environmental
      problems include coastal eutrophication due to inappropriate wastewater treatment,
      contamination arising from agricultural pollutants, inappropriate coastal development,
      sand-mining along beaches, heavy contamination from industries and sea vessels, over-
      fishing, degradation of coastal zone and marine species, including mangrove systems and
      coral reefs.

•         Trinidad has four (4) major coastal wetland areas, the largest of which is the Nariva
      Swamp, the largest freshwater wetland in the Caribbean. Clearing of the indigenous
      vegetation for rice production, saltwater intrusion resulting from draining fields for
      agriculture, erosion of protective sandbars, disruption of natural habitat of the swamp flora
      and fauna and reclamation for commercial and residential purposes have caused
      degradation in these coastal wetlands.

•         Natural coastal erosion is most evident on the peninsulas of Trinidad. This is
      exacerbated by the removal of the natural vegetative cover for built development and
      agriculture. Coastal erosion is also evident in Tobago and is caused by devegetation for
      resort development. There is evidence of decline of the reef ecology in Tobago due to
      increasing organic matter in the inshore waters from land-based sources of pollution.
•         The Fisheries Division has not been provided with the institutional capacity to keep
      abreast of recent developments in the sector. A monitoring mechanism is not in place for
      the industrial fleet in terms of the provision of landings and export data for management
      decision-making. Neither is a Fisheries Inspection Service in place. It is essential that
      adequate resources (human, technical, financial) be provided to ensure that the Division
      can undertake sustainable fisheries management activities (data collection, inventory of
      fish stocks, monitoring) required under various regional and international fisheries
      management regimes. A Fisheries Surveillance and Enforcement Unit is urgently required.
•     The system for the monitoring of the artisanal fishery is over 40 years old and is archaic. It
      requires updating and the incorporation of new regulatory structures. This cannot be
      achieved within existing resources (technical, financial, human) provided to the Fisheries
      Division.

•     Effective management of coastal and marine living resources requires the establishment of
      co-management approaches involving stakeholders as active participants in decision-
      making. Co-management as well as the principle of self-regulation will also constitute part
      of the management approach aimed at sustainable fisheries management. The
      introduction of this new approach will necessitate the provision of additional resources
      (technical, financial, human) within the Fisheries Division to interface with stakeholders and
      establish, maintain and monitor effective co-management regimes.

DILLON TEAM                                                                                     4-6
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                       Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                   January 2004




•   There are a number of problems created due to the absence of a consolidated and co-
    ordinated legal and institutional framework for the management of coastal and marine
    resources. Many of the laws that exist are outdated and do not reflect current approaches
    towards integrated resource management. Existing laws are sectoral in nature, and do not
    establish the co-ordination and collaboration necessary to ensure that coastal and marine
    resources are managed in a sustainable manner. There is a need for legislation which is
    more focused on the sustainable use of limited resources in coastal and marine areas and
    which also focuses on managing human activities in such areas so as to ensure that
    development does not cause harm to human health or the environment, and that all
    activities are within the “carrying capacity” of fragile coastal and marine resources. Any
    development activities in coastal or marine areas of Trinidad and Tobago should include
    the need for Environmental Impact Assessments (EIA’s) and the establishment of
    environmental management programs during any development and construction activity.
    The Coastal Zone Management Act of Barbados should be looked at as a possible model
    for this kind of legislation. The Barbados Act defines coastal zone, deals with the control of
    activities in the coastal zone and the need for permits for coastal zone activities. At a
    minimum, legislation should be established to empower appropriate agencies to undertake,
    by a specified date, a comprehensive inventory of marine and coastal resources and
    conditions, which should provide baseline information for coastal zone management and
    development decisions. Approval for development activities should be co-ordinated, have
    clearly defined goals and standards, and all “coastal development” activities should be
    within the “carrying capacity” of the resource. A Coastal Atlas and Integrated Management
    Plans should be developed through broad-based consultation at the community level that
    will require the necessary legislative frameworks to implement and enforce the
    management plans. The legal and institutional structure should be strengthened and
    consolidated to provide for:

     -    Protection and conservation of mangroves and wetlands;
     -    Protection and conservation of coral reefs;
     -    Protection, conservation and use of sand and beaches;
     -    Control on development in coastal areas;
     -    Regulation of dredging and reclamation activities;
     -    Regulation of dumping and discharges in coastal and marine areas;
     -    Control on underwater pipelines, cables and structures; and
     -    Integrated watershed management

    Guidelines and standards should be established for the siting, construction, development
    and operation of tourism and industrial facilities in the coastal area. Legal structures should
    be established to facilitate the creation, operation and administration of community-based
    coastal zone conservation projects and programs that allow for income generation to
    ensure the sustainability of such initiatives. Consideration should be given to the use of
    revenue generated from beach licenses and fees for coastal rehabilitation projects to be
    used for government, private sector and community-based coastal zone protection and
    management initiatives.




DILLON TEAM                                                                                    4-7
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                       Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                   January 2004



• In the area of fisheries management, Trinidad and Tobago should consider becoming party
   to the following international agreements relating to the management of fishery resources
   or fishing activities:

     -    Agreement Relating to Compliance with International Conservation and Management
          Measures by Vessels Fishing on the High Seas;
     -    Agreement Relating to the Conservation and Management of Straddling Fish Stocks
          and Highly Migratory Fish Stocks;
     -    International FAO Code of Conduct for Responsible Fisheries; and
     -    International Convention for the Safety of Fishing Vessels.

    Additionally, to give effect to these agreements, Trinidad and Tobago should consider:
    (a) Establishing the legal and institutional structures to implement “flag State” responsibility
        (i.e. licensing of fishing vessels, proper marking of fishing vessels, ensuring fishing
        vessel safety, monitoring fishing activities by such vessels, providing adequate
        enforcement powers, etc); and
    (b) Negotiating a joint management agreement with other States within the region to
        provide for the conservation and management of fishery resources, and the regulation
        of international fishing activities within Caribbean waters. The regional fishing
        agreements established by the small island developing States in the South Pacific
        region and in the Indian Ocean region could serve as models for such a regional
        accord.

•   In order to promote sound and sustainable management of fishery resources in Trinidad
    and Tobago, the country’s fisheries legislation should be revised to provide for the:
     -   Establishment of an effective and strengthened Fisheries Division with the powers
         necessary to undertake effective enforcement and monitoring;
     -   Undertaking of a comprehensive inventory of fishery resources to provide sound
         information for decision-making concerning the conservation and management of the
         resources;
     -   Preparation, adoption and implementation of a comprehensive National Fisheries
         Policy and Management Plan which should ensure that the management and use of
         the country’s fishery is within the “carrying capacity” of the resource;
     -   Implementation of the “precautionary principle” in all fisheries planning, conservation
         or management activities;
     -   Broadest-based public participation in all fisheries policy making and fishery
         management activities;
     -   Establishment of a comprehensive system of marine parks and protected areas
         based on sound ecological principles, and guided by established c0-management
         principles.

•   In the international context, environmental issues have gained markedly in significance and
    are posing difficult challenges, particularly in developing countries. Pressures to conform to
    world-wide “green” and “blue” trends are increasingly being supported at Governmental
    and Non-Governmental levels by trade sanctions and issues underpinned by
    environmental actions such as eco-labelling and eco-certification. International
    organisations such as the World Trade Organisation (WTO) also provide for the imposition
    of trade sanctions to protect the environment and promote sustainable development. The
DILLON TEAM                                                                                     4-8
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                     Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                 January 2004


    accession of Trinidad and Tobago to the international trade regimes will place immediate
    responsibility on the country to conform to ever more stringent environmental and human
    health standards. Non-conformity will adversely affect the country’s competitiveness in
    international trade in fish and fishery products. In addition, access to some markets now
    requires stringent attention to health and food safety standards. Urgent consideration
    should be given to the strengthening of the legal and institutional framework relating to the
    monitoring and enforcement of fish handling and processing standards and food safety,
    and the establishment of standards concerning additives and feed supplements provided
    within the aquaculture industry.

•   The following are key national constraints related to the implementation of the objectives
    of the Convention on Biological Diversity in the area of coastal and marine resources:

    -       Inadequate awareness appreciation of the value of biodiversity and its importance
            to the sustainable development of Trinidad and Tobago.
    -       Gaps in the policy and legal framework.
    -       Inadequate implementation and enforcement of policies and legislation.
    -       Inadequate data and research in this area.
    -       Absence of proper methodologies and systems for valuation and environmental
            accounting of these resources.
    -       Poor communication and co-operation within and among agencies.
    -       Insufficient use of financial incentives for the conservation of coastal and marine
            resources.
    -       Absence of a strong political commitment.
    -       Weak institutional support for the management of these resources.

An integrated approach has been recommended for the management and protection of the
coastal and marine resources, including coastal and marine biodiversity resources.
Management plans have been developed and recommended for wetlands and marine parks,
which have been threatened by anthropogenic activities. For example, management plans
have been developed for wetland areas such as Nariva Swamp, Buccoo Reef Marine Park
and the Speyside Reefs, which emphasized the need for an ecosystem approach to the
management of these resources. These plans have hitherto not been fully implemented.

Environmental Impact Assessment (EIA) has been used to assist in the sustainable
management of the country’s marine and coastal ecosystems.              The Environmental
Management Act 2000 is the primary vehicle for achieving this objective. The Act calls for
Certificates of Environmental Clearance including the conduct of an EIA where activities are
likely to impact negatively on these areas.

Rules for the designation of environmentally sensitive areas and environmentally sensitive
species have also been made. Certain areas and species have already been designated as
such and are now awaiting final approval. These areas include the Nariva Swamp and the
Buccoo Reef Marine Park. These and other areas are also to be declared protected areas
under the National Parks and Conservation of Wildlife Act, which was drafted but is now being
reviewed. Inter alia, the Act seeks to establish a system of national parks and protected areas
in Trinidad and Tobago.
DILLON TEAM                                                                                  4-9
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


Intersectoral Committees such as the Interministerial Committee on the Law of the Sea and its
Sub-Committees on Fisheries, Delimitation of Boundaries and Marine Scientific Research
have been in operation in Trinidad and Tobago for many years. The National Wetlands
Committee, which has developed a National Wetlands Policy, is another of these Intersectoral
Committees. Others include the National Monitoring Committee on Foreign Fishing, The West
Coast Master Plan Committee and The Cabinet Appointed Intersectoral Committee to Oversee
the On-going Matters Relating to the Implementation of a Marine Pollution and Compensation
Regime for Trinidad and Tobago. These are all used with a view to promoting the sustainable
management of the country’s marine and coastal ecosystems.

The Vision 2020 strategy for the fisheries sector that is currently being developed will identify a
series of priority action items required to effectively provide for the conservation and
sustainable management of the country’s living marine resources. It is anticipated that a
considerable commitment in resources (technical, human, financial) will be required to give
effect to this policy and action plan and has identified the following major issues

•   Establishment of an improved legislative and institutional management framework;
•   Implementation of management strategies that limit fishing effort and thereby arrest further
    over-capitalisation of the fleet and associated over-exploitation of fishery resources;
•   Management of pollution as it relates to habitat and resource degradation and human
    health;
•   Enforcement of regulations;
•   Participation in regional and international management arrangements as a result of the
    migratory and shared nature of the resources;
•   Implementation of social mitigation measures that are consistent with management of
    fisheries;
•   Implementation of food safety and sanitation standards in the fisheries sector;
•   Introduction of environmentally friendly technologies in fisheries;
•   Education of direct stakeholders, decision-makers and the general public;
•   Empowerment of artisanal fishing communities as a means of achieving and maintaining
    rural stability;
•   Creation of local environment that facilitates competitiveness in the international trade
    arena;
•   Organisation of stakeholders and their involvement in fisheries management.

4.5.    SIDS POA Progress

Sections 24 A. and 26 A. of the Program of Action concluded at the United Nations Global
Conference on the Sustainable Development of Small Island Developing States (SIDS POA) in
Bridgetown, Barbados, April 25-May 6, 1994 required States to implement the actions, policies
and measures at the national level as shown in the left column of Table 4-1. The actual
GOTT’s program of action to fulfill these obligations is shown in the right column, if
implemented, and where action has not been taken, the consultant has inserted an action
recommendation.




DILLON TEAM                                                                                   4-10
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                           Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                       January 2004



                                 TABLE 4-1
            PROGRAM OF ACTION FOR COASTAL AND MARINE RESOURCES


          NATIONAL LIABILITIES                                          ACTION

 Establish and/or strengthen, where appropriate,      •   Establish   autonomous Coastal  Zone
 institutional, administrative and legislative            Management Unit (CZMU) with supporting
 arrangements for the development of integrated           legislation
 coastal zone management plans and strategies
 for coastal watersheds and exclusive economic
 zones and their implementation, including
 integration within national development plans
 (SIDS POA).
 Design comprehensive monitoring programs for         •   Establish autonomous Coastal Zone
 coastal and marine resources, including                  Management         Unit     (CZMU)   with
 wetlands, to determine shoreline and ecosystem           supporting legislation
 stability, and document and apply traditional        •   Revise and updated fisheries management
 knowledge and management practices which                 legislation and provide for institutional
 are ecologically sound and include the                   strengthening of Fisheries Division.
 participation of local communities, as a basis for
 integrated coastal zone planning and decision-
 making plans (SIDS POA).

 Develop and/or strengthen national capabilities      •   Revise and updated fisheries management
 for the sustainable harvesting and processing of         legislation and provide for institutional
 fishery resources and provide training and               strengthening of Fisheries Division., NGOs,
 awareness programs for the managers                      civil society, and other stakeholders.
 (government and local communities) of coastal
 and marine resources plans (SIDS POA).
 Ratify and/or adhere to regional and                 •   Sign and ratify the International Agreement
 international conventions concerning protection          to promote Compliance with International
 of coastal and marine resources and combat               Conservation and Management Measures
 unsustainable fishing and related practices plans        by Fishing Vessels on the High Seas, the
 (SIDS POA).                                              International Convention for the Safety of
                                                          Fishing Vessels, and other relevant
                                                          international agreements.
                                                      •   Establish “Flag State” responsibility for
                                                          fishing vessels
                                                      •   Negotiate a regional fisheries management
                                                          agreement.

 Establish port reception facilities for the          •   MARPOL 73/78 Convention signed and to
 collection of waste in accordance with annex V           be implemented
 of the International Convention for the
 Prevention of Pollution from Ships (MARPOL
 73/78 (SIDS POA).. Section 24 A. of the
 Program of Action




DILLON TEAM                                                                                       4-11
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                        Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                    January 2004



5.      LAND AND BIOLOGICAL RESOURCES
5.1     Situation Analysis and Liabilities

Trinidad and Tobago through the SIDS Barbados Program of Action has made a special
commitment to protect land resources, ensure sustainable and productive land use, and guard
against land degradation, pollution, and exceeding island carrying capacity. It undertook to
achieve this by paying increasing attention to national physical planning.

5.1.1   Agriculture Resources

For years, the agriculture sector has been identified as having the potential of generating
sustainable increases in productivity, revenue and employment and creating linkages with
other productive sectors of the economy. However this has not been realized.

The agriculture sector in Trinidad and Tobago is at risk since it has been relegated to poorer
soils areas. Many of the soils in Trinidad, particularly in Central Trinidad are highly acidic.
They are mostly held under sugarcane cultivation that is fertilized mainly with urea. No lime is
used and most of the organic matter is removed from the sugarcane fields to the sugar factory.
Irrigation is a major issue with only 6% of lands being irrigated and five months of the year are
in the dry season. Currently wheat, corn, grain, peas, beans, beef, and mutton are imported
and other vegetables and poultry are home grown. The main issues identified by the
government are: slash and burn activities, logging, poor quality soils, lack of irrigation, pollution
of watersheds, crop and livestock larceny, and unauthorized rural development.

It is evident that there is a need to completely re-energize the agriculture sector in order to
ensure its survival. One recommendation is to integrate agro-tourism and cottage scale
industrial development with the agriculture activities and to integrate all agriculture
management activities with rural development.

Vision 2020 priorities are:
    • Preparation of a National Physical Land Use Plan addressing the incorporation of
       appropriate institutional mechanisms and regulatory measures.
    • Invest in Drainage and Irrigation infrastructure Improvements addressing water quantity
       and water quality issues and integrated pest management using biodegradable
       chemicals. This is especially needed along the East-West Corridor near POS.
    • Promote Balanced Development to improve the rural livelihoods including increased
       empowerment at the community level.

5.1.2   Forest Resources

The land mass of Trinidad and Tobago is 5,123 km². About 45% of the total land mass area is
under forest of which approximately half is designated as “protected forest”. However, these
have not been sufficiently appreciated for their value in water management (harvesting and
flood control) and the protection of biodiversity. These areas have been considered degraded
due to an inability to manage these land resources, coupled with opportunistic exploitation

DILLON TEAM                                                                                      5-1
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


Forests are an important ecosystem in Trinidad and Tobago and play an important role in soil
and water conservation. Almost half of Trinidad and Tobago is covered with forests, with 77%
being on State Land. The existing natural forest resource of Trinidad and Tobago is
summarized in Table 5-1 below.

                                      TABLE 5-1
                              NATURAL FOREST RESOURCES
                                  TRINIDAD              TOBAGO                TOTAL
                                (ha)      (%)        (ha)      (%)          (ha)    (%)
    Land area                 482800               30000                  512800
    Proclaimed Forest         127500   26.4        4000     13.3          131500   25.6
    Reserve
    Unproclaimed Forest       11700     2.4        -           -          11700       2.3
    Reserve
    Other Forest State Land   77000     15.9       9900        33.0       56900       16.9
    TOTAL FOREST              699,000   44.8       13900       46.3       230100      44.8

In 1976 there was an estimated 10,500 ha of privately owned forests. The most important
plantation species introduced in Trinidad and Tobago are exotics. Plantation forest represents
about 3.0% of the total cover in Trinidad and Tobago. There is no up-to-date data available on
land use and forest loss in Trinidad and Tobago. In Trinidad and Tobago there are 63
registered sawmills which employ more than 4000 people and contribute 0.2% of the GDP.
There has been a considerable drop in the value of timber extracted from natural forests.
Indications are that the drop in value is largely attributable to increased difficulty in accessing
commercial stands, scarcity of commercial stands, and the absence of sustainable
management practices. Wanton and illegal logging on both State and private lands is common
and widespread.
The following summarises available data.
•     Between 1965 and 1972, over 16,000 ha of unreserved State Forests were cleared for
      agricultural, industrial, housing and recreational purposes, with an additional 3200 ha of
      Forest Reserve “dereserved” for agriculture use,
•     Deforestation of watersheds by shifting cultivation and fire has been estimated at 300 ha
      per year by the Forestry Division;
•     In the Santa Cruz catchment, the total area of forest decreased from 4,200 to 3,855 ha
      (7.5%) between 1969 and 1992 mostly as a result of housing and industry development;
•     Urbanization of the San Juan catchment, the St. Joseph and Tacarigua watersheds is
      increasing at a considerable rate;
•     There has been an estimated decline of 43,000 ha over a period of approximately 20
      years, which is greater than the 300 ha/yr given by the Forestry Division.

Table 5-2 summarises land use change data for Tobago. No similar data was identified for
Trinidad.




DILLON TEAM                                                                                    5-2
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004




                              TABLE 5-2
    LAND USE IN THE WEST AND CENTRAL SOUTH COURLAND CATCHMENT
 LAND USE
 VEGETATION                 1967 (%)                1994 (%)             CHANGE (%)
 Secondary forest             6.5                      26                   19.5
 Scrublands/Tree              11.5                     19                    5.5
 crops and bamboo
 Savannah/Lastro              26.5                     24                     -2.5
 and bamboo
 Burnt savannah/               48                      31                     -17
 Cropland

Forest fires are a major cause of forest decline and watershed degradation. The number of
fires and the areas burned vary by year as shown in Table 5-3.

                                   TABLE 5-3
                      FOREST FIRE STATISTICS FOR TRINIDAD
                                                               ESTIMATED AREA BURNED
             YEAR                      NO. OF FIRES                     (HA)
             1996                           178                         2664
             1995                           516                         7245
             1994                           256                         2600
             1993                           228                         1570
             1992                           431                         2710
             1991                           229                          680
             1990                           234                         1100
             1989                           146                          970
             1988                           583                         5495
             1987                           502                        21420
           AVERAGE                         330.3                       4645.4

The Report on the 2002 Fire Season indicates that a total of 274 ha. was burnt, which
represents a significant decrease over the previous years and was attributed to well above-
average rainfall.

Quarrying activities are also a major cause of forest area and watershed degradation,
particularly as the effects are difficult if not impossible to reverse. It has been estimated that
there were 57 registered quarries in Trinidad in 1993 of which 77% were located on State land.
It is also estimated that about 3000 ha of land has been turned to wasteland by quarrying
activities. As a result of the removal of protective vegetation, run off and soil erosion increase
with the consequence that large amounts of sediments are washed into watercourses. This is
also exacerbated by wash water from the quarry plants.

About 35% of the land mass is cultivated, while about 8% is developed or under mining
operations. Trinidad and Tobago’s cultivated land can be broadly characterized by a history of
cocoa and sugar-based agriculture, commodities that are now in decline. Agriculture now
contributes only 3% of GDP but is still an important source of employment.

DILLON TEAM                                                                                   5-3
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


There has been considerable expansion of areas under irreversible use such as settlements
industry and commerce, transportation and mining (oil and non-oil) often at the expense of
flatter more productive agricultural land, driven in part by a population growth and hydrocarbon
fuelled wealth. With a population density of close to 240 persons per square kilometer, the
resolution of land use conflicts and the equitable distribution of wealth derived from the land
resources have become of critical importance in Trinidad and Tobago.

Trinidad and Tobago’s coastal areas are subject to competing development demands while
experiencing significant natural and human-induced changes. Environmental problems
include coastal eutrophication due to inadequate sewage treatment, contamination arising
from agricultural pollutants, inappropriate coastal development, sand-mining along beaches,
contamination from industries and sea vessels, over-fishing, degradation of coastal zone and
marine species, including mangrove systems and coral reefs.

5.1.3   Biological Resources

The term biological resources, in the context of this study refers to wildlife conservation and
the protection of biological diversity.

Trinidad and Tobago sits on the continental shelf of South America, separated by only 12
kilometres from Venezuela. Both Islands are geologically part of the mainland, with evidence
indicating that Trinidad was recently separated only 11-15,000 years ago. Disconnection, on
such a short geological time scale has not allowed for the evolution of separate species, and
therefore island endemism is not a critical factor in Trinidad and Tobago. The small distance to
the mainland of South America does not present a barrier to flying animals, nor to many
terrestrial plants or animals.

The biodiversity of Trinidad and Tobago is the most diverse of the islands in the Caribbean
archipelago, due to the continental origin of the islands. The terrestrial biodiversity is a relict
biota of the immediate delta region at the time of separation from South America. To this has
been added a few recent strays and colonising species, and a larger number of exotic species
of both plants and animals associated with the process of human colonization.
No comprehensive listing has been undertaken of how many species of plants and animals
exist in Trinidad and Tobago. There is little information on the genetic diversity of species with
the exception of its commercial application to the agricultural sector. In this regard, it is noted
that Trinidad posses one of the world’s leading gene bank collections for the Cocoa industry.
In the context of rare, endangered and extirpated populations, studies that indicate data on
population levels of plant and animal biodiversity does not exist (except for a study on ferns).
The labelling of species as “rare”, “endangered” or “extirpated” has generally been based on
hearsay amongst users of individual resources.
A series of conservation activities in Trinidad and Tobago have been undertaken over
the years, notably the following:

•   1765 -The Main Ridge Reserve was set aside in Tobago as “Woods for the Protection of
    the Rains” – a first in watershed management in the Western Hemisphere;
•   1922-1960 – A system of 43 Forest Reserves declared for managing timber resources;

DILLON TEAM                                                                                    5-4
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                         Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                     January 2004



•   1934-1968 – A system of 11 wildlife of Game Sanctuaries declared for the protection of
    wild animal species;
•   1970 – Marine Preservation and Enhance Act used to declare Buccoo Reef a Protected
    Area;
•    1972 – Chaguaramas Development Act provides for the protection of the culturally and
    historically significant Chaguaramas peninsula;
•   1987-1999 – Prohibited Areas declared under the Forests Act to prevent entry into
    sensitive areas at specific times of the year to protect nesting animals and Forest
    Reserves from fires.

There are notable examples of unique ecosystems of global significance, including the Nariva
Swamp and Speyside Marine Area. Nariva Swamp, comprising about 6,000 hectares, has the
most varied plant and animal species of all wetlands in Trinidad and Tobago, and is amongst
the largest freshwater wetlands in the Caribbean. It has been identified as a wetland of
international significance under the Convention on Wetlands of International Importance
especially as Waterfowl Habitat (RAMSAR). The Speyside Marine Area, located in
northeastern Tobago, is of importance to global biodiversity because of its species richness,
its high degree of intactness, and the fact that it contains the largest continuous reef system in
this part of the Caribbean.
With a population density approaching 236 persons per square kilometre, Trinidad and
Tobago has a population density which is amongst the highest in the Western Hemisphere
(World Resources Institute, 1998). The demands of development, both planned and
unplanned, coupled with an annual population growth rate of 1.2%, continue to apply
significant pressure on natural areas and the country’s biodiversity resources. With the
prosperity of the country strongly tied to the petrochemical and related down-stream activities,
and the historic abuse of native habitats and species by the unemployed during periods of
economic recession, the increase in population can be expected to intensify the potential for
negative impacts on biodiversity. Examples of such impacts already occur, and include the
over-harvesting of freshwater and marine aquatic species, over-hunting of wildlife, and
unsustainable levels of timber exploitation. Symptomatic of these abuses is the reduction in
wildlife populations, decrease in forest cover, and depletion of many fishery stocks in the
country.
The exploitation of non-renewable non-living resources has also had a significant impact on
the biodiversity of these islands. The situation appears to be attributable to a number of factors
including the subsidy of resource exploitation by the government, the lack of adequate
valuation of the country’s living natural resources and goods and services associated with
biodiversity, and a public (and consequent political will) that is largely indifferent to biodiversity
and other environmental concerns. Additionally, the use of inappropriate technologies, either
to directly extract resources, or indirectly, through secondary impacts (e.g. pollution) are
having a tremendous impact on the biological diversity of the country. The impact of pollution,
including chemical loading of rivers and near-shore ecosystems, continues to threaten the
country’s natural ecosystems and biodiversity.
Trinidad and Tobago has a long history of watershed protection. The first forest reserve in the
Western Hemisphere, the Main Ridge of Tobago, was created in 1765 “for the protection of the
rains”. Most of Trinidad and Tobago’s existing forest reserves protect critical water resources.
However, major changes in land use have taken place over the past 30 years. Forest cover
DILLON TEAM                                                                                       5-5
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


has decreased from nearly 60 percent to less than 50 percent in the past 30 years and the
acreage under urban development have increased substantially. These changes which are
the result of forest fires, indiscriminate quarrying, slash and burn agriculture, and other
inappropriate land-use practices have impacted negatively on the water resources.

The 1994 draft policy for marine fisheries in Trinidad and Tobago estimates annual landings at
approximately 14,000 tonnes, with 80% coming from trawling and gill-netting. Nett worth of fish
landings amounted to TT1000 million annually, representing 13% of agricultural contribution to
Gross Domestic Product (GDP). In 1997 it was estimated that the fisheries sector employs
13,000 people with up to 50,000 dependants.

5.2       Legal Framework

5.2.1     Land

In the area of land (forestry) resources, Trinidad and Tobago is a signatory to the following
relevant international agreements which are described in detail in Annex III and should be read
in context with this chapter:

      •   International Tropical Timber Agreement, 1994
      •   United Nations Convention to Combat Desertification (CCD)

Nationally, the Forests Act, which was enacted in 1950, details regulations for the sale of
forest produce, but provides little additional direction for the protection and management of
natural forests lands. While identifying areas as “Forest Reserves”, the Act imposes no
restriction on access to these areas which has resulted in destruction of forest areas from
squatting and fires. Under the Forests Act, the designation of Protected Areas can be made in
an area requiring additional protection from destructive practices. This designation has been
used to protect wildlife species like the Leatherback Turtle during its nesting season, to curtail
poaching and hunting, and most recently, to limit access to Forest Reserves that suffered
severe loss from fire. However, the legal status given these areas does not infer any power or
directive to develop management plans for the resources or mitigatory measures for their
added protection. Natural resource management and planning remain haphazard, fragmented
and inconsistent.

It is considered that the Town and Country Planning Act does not adequately address
concerns relating to the need for legislation and an institutional framework to establish an
integrated approach to resource management.

5.2.2     Biological

In the area of management of wildlife conservation and protection of biological diversity
resources, Trinidad and Tobago is a signatory to the following relevant international
agreements which are described in detail in Annex III and should be read in context with this
chapter:
:
    • Convention on Biological Diversity

DILLON TEAM                                                                                   5-6
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                    Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                January 2004



   •   Biosafety Protocol
   •   Cartagena Convention for the Protection and Development of the Marine Environment
       of the Wider Caribbean Region
   •   Protocol on Specially Protected Areas and Wildlife (SPAW)
   •   Convention on International Trade in Endangered Species of Wild Fauna and Flora
       (CITES)
   •   Convention on Wetlands of International Importance especially as Waterfowl Habitat
       (RAMSAR)

Nationally, the Conservation of Wildlife Act was enacted in 1953 and replaced earlier
legislation controlling the hunting of wild birds and “ground game”. The conservation of
terrestrial fauna is primarily achieved through this outdated piece of legislation, which
establishes a regulatory structure to control hunting through a system of permits and closed
seasons, and protection through the establishment of wildlife sanctuaries. The Act is
administered by the Wildlife Section. The Act is unable to address complex issues
surrounding the protection of endangered species, including habitat conservation and exotic
species management. Effective enforcement is hampered by inadequate penalties (ranging
from TT$1,000 to TT$2,000) which have long ceased to be an adequate deterrent to poaching.
The Wildlife Section is also the centre for liaison and implementation of the CITES Convention.
Although there is no specific legislation in place to implement the requirements of the CITES
Convention, the Wildlife Section has incorporated a network of state agencies to aid in the
enforcement of CITES measures, within the current limited legislative parameters.

Regulations under the Fisheries Act specify broad fish protection mechanisms such as net
size restrictions, minimum landing size of fish, restrictions on the harvesting of fish and
shellfish in certain areas, zoning of trawling operations, mandatory use of Turtle Excluder
Devices (TEDs), and the harvesting of marine turtles during the breeding season. This last
regulation is in direct conflict with the Conservation of Wildlife Act which provides protection
while the animals are on land.

The Marine Areas (Preservation and Enhancement ) Act (Chapter 37.02) enacted in 1970,
provides for the designation of restricted areas for biodiversity protection, recreation or
research for marine flora and fauna. This legislation has been used for the protection of only
one area to-date – the Buccoo Reef area in Tobago.
Responsibility for wildlife conservation primarily rests with the Department of Forestry in the
Ministry of Agriculture, Land and Marine Resources. The Fisheries Division of the Ministry is
responsible for the management of marine resources in situ. The Tobago House of Assembly
(THA) is responsible for these functions on Tobago through its Department of Environment
and Natural Resources. The Botanical Gardens and the Emperor Valley Zoo conserve
biodiversity collections ex situ.

There are inherent conflicts in the management of biodiversity by the Forestry Division, which
has responsibility for Forest Reserves and the management of watersheds, Protected Areas
and Wildlife Sanctuaries. The ad-hoc approach to management of biodiversity resources has
been termed “crisis management by prohibition” and is generally regarded as ineffective and
inadequate (Biodiversity Strategy and Action Plan for Trinidad and Tobago). The areas where
“prohibition” has worked are in those areas where there has been an active strategy of

DILLON TEAM                                                                                 5-7
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                   Second Draft
Environment and Natural Resources Management for Trinidad and Tobago               January 2004


community participation in the management of the resources. Of particular note are the turtle
nesting beaches in the north and east of the country.

International obligations for conservation and management of biodiversity also fall under the
purview of the Forestry Division. These include the Convention on Wetlands of International
Importance especially as Waterfowl Habitat (RAMSAR) and Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES). In keeping with these obligations,
the Division has worked towards putting a number of mechanisms in place to facilitate the
country’s compliance with treaty requirements. However, these initiatives, including draft
policies and legislation, have not yet resulted in the necessary legal changes, nor effective
management regimes.

The Wildlife Section developed in 1981 from a sub-unit of the Forestry Division consisting of
game wardens, supervised by a Forester, with overall responsibility held by the Director of
Forestry (Chief Game Warden). Their functions include:

   •   Enforcement of the Conservation and Wildlife Act (Chap. 67.01);
   •   Management activities in wildlife sanctuaries;
   •   Research;
   •   Management of game and the control of wildlife;
   •   Wildlife farming ventures;
   •   Managing and exploitation of species collected and kept for research. Breeding,
       education and as pets;
   •   Evaluating impacts of human activities on habitats and ecosystems;
   •   Evaluating the socio-economic contribution of wildlife to the national community; and
   •   Management of wildlife trade.

The Wildlife Section has been particularly successful in pioneering community co-
management of resources through its turtle protection and Honorary Game Warden
programmes. However, the ability of the section to maintain these programmes may be
severely compromised by resource (human, financial, technical) constraints. With regard to
law enforcement conducted by the section, the current staffing suggests a ratio of enforcement
personnel to registered hunters in the range of 1:913, which is an extremely low ratio. The
current staff lack the training to develop the kinds of habitat management and species
recovery plans that are required to prevent the continued loss of the county’s terrestrial
biodiversity. Nor does the Section have the capacity to monitor changes in the demographic
parameters of the various game species.
Some areas set aside for the protection of wildlife in sanctuaries have been heavily logged and
quarried, both illegally and with the acquiescence of the Sate, and therefore cannot be
considered to be protected. The management and conservation of the country’s biodiversity
becomes acute as pressure and conflicts on land use continue to grow. One of the most
urgent problems facing wildlife in Trinidad and Tobago is over-exploitation of the most
favoured game species. The total “value” of wildlife harvested from 1990, to 1995 was over
TT$25 million, while revenues collected for the exploitation of this resources was barely
TT750,000 representing less than 0.5% of the value. The pattern of funding appropriations to
the Wildlife Section also suggests a largely reactive approach to management of the country’s


DILLON TEAM                                                                                5-8
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                       Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                   January 2004


fauna. There is currently no long-term program to address the information, training and
management needs if the section.

The National Parks Section, also a sub-unit of the Forestry Division, has been evolving in
response to changing needs for protected areas management, but has not been afforded a
legitimate structure within the Division. Their general objective is in accordance with the
guiding principles established by the World Conservation Union (IUCN) namely: “to protect in
perpetuity those areas of the country which represent significant examples of the country’s
natural heritage in such judicious ways and means which will leave it unimpaired for the
benefit of future generations”. However, the areas under management have generally been
the smallest areas of recreational and historic interest, with high public usage. The principal
focus of the Section has been environmental education and sensitisation in schools and
communities, and in the development of interpretive centres in areas under its direct
management.

No “system” of national parks and protected areas has yet been established, and there exists
no proactive management plans for any existing national parks. A 1996 study prioritising
ecosystems that could form the basis for a system of protected areas in the country
recommended a number of areas for conservation and pro-active management. Of
significance was the fact that the best representative natural areas were to be found on State
lands. The study found that private lands had been largely converted from their natural
vegetation to other uses. Further, it has been indicated that the primary cause for habitat loss
in Trinidad is illegal settlements (i.e. squatting). What this signals for biodiversity conservation
is that the State will be increasingly pressured to protect and exploit these biotic resources, to
fuel economic growth and provide much needed land for human development and settlement.

Both the National Parks and Wildlife Section obtain their staffing compliment from the main
Forestry Division, as Foresters and Forest rangers, who then have to be oriented to the
different functions of these sections. Manpower deployment plans within the Division are
insensitive to the particular skills that these Sections need, and the necessary retraining
programs are not in place to facilitate a smooth transition to these new functions.

The Fisheries Division is the agency responsible for national fisheries development, policy and
planning and obtains its legislative authority under the Fisheries Act (Chap. 67.51) which was
enacted in 1916. The Division fulfils several functions in carrying out its mandate including:

 • Providing extension and support services, including training of fisherfolk;
 • Responsibility for conservation, stock assessment and management of living marine
    resources;
 • Administering fisheries regulations;
 • Negotiating bilateral and international fisheries agreements;
 • Advising the Minister and giving technical advice on issues related to marine fisheries; and
 • Administering aquaculture, inland fisheries and ornamental fish farming programmes.




DILLON TEAM                                                                                     5-9
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                   Second Draft
Environment and Natural Resources Management for Trinidad and Tobago               January 2004



5.3     Institutional Framework

The Forestry Division has responsibility for managing the forest resources in Trinidad under
the Forests Act (Chap. 66.01), including the exploitation of timber species. Management and
administration of the Forest Reserves are carried out within forest “conservancies” which are
regional geographic units demarcated for the purposes of forest administration and watershed
management on State lands.

The Marine Fishery Analysis Unit (MFAU) of the Division assess fisheries resources to inform
fisheries management. The research and management emphasis is focussed on species and
fisheries of primary commercial and recreational importance.

The Department of Environment and Natural Resources was established in 1999, and serves
as the co-ordinating agency in the Tobago House of Assembly (THA) responsible for
environmental and natural resource management. The Forestry Department (THA) has
responsibility for managing the forest resources of Tobago, and regulates logging activities on
private lands through the issuance of licences for the transport of harvested logs on public
roads. It is noted that since the early 1980’s there has been a moratorium on timber harvesting
on State Lands in Tobago. However, contrary to this existing policy, unsustainable timber
harvesting continues. The Department is responsible for watershed and wildlife management
on Tobago, and is the island’s authority for the administration of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES). Responsibility
for managing the Buccoo Reef Marine Park and the fisheries resources of Tobago is vested in
the Fisheries Department (THA).

The Botanical Gardens, established under the Botanical Gardens Act (Chap. 41.03), is
primarily concerned with ex-situ conservation. The organisation works collaboratively with
schools and community groups and advises on horticultural practices.

On November 8, 1954 the Emperor Valley Zoo opened its gates to the public. Since then the
Zoo has expanded and now possess 221 species of animals and 2383 animal specimens.

The Environmental Management Authority (EMA) is the focal point for the Convention on
Biological Diversity (CBD). Under the Environmental Management Act (No. 3 of 2000) the
Environmental Management Authority (EMA) has designed guidelines for the declaration of
“Environmentally Sensitive Areas” (ESA) and “Environmentally Sensitive Species”(ESS). This
regulatory framework is being used to address, in part, the gaps created in the existing legal
and institutional framework for wildlife conservation and biodiversity protection.

There exists an extremely wide variety of non-governmental organisations (NGOs) and
community-based organisations (CBOs) involved with conservation of biological resources.
Many of these organisations belong to an umbrella group known as the Council of Presidents
of the Environment (COPE) which facilitate collaboration amongst members.




DILLON TEAM                                                                               5-10
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                        Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                    January 2004



5.4       Issues and Responsive Measures

There is considerable overlap of jurisdiction and a lack of clarity in the management of natural
resources and in the control of physical development. Additionally, there is no mechanism
established to rationalize conflicting demands by resource users. Environmental impact
assessments are not undertaken as part of any resource management/development
application. In no instance is there any consideration as to the “carrying capacity” of the
resource, or whether the development is sustainable. Many of the laws that exist are outdated
and do not reflect current approaches towards integrated resource management. Existing
resource management laws are sectoral in nature, and do not establish the co-ordination and
collaboration necessary to ensure that all resources are managed in a sustainable manner.

There is a need for legislation which is focused on the sustainable use of limited natural
resources and which also focuses on managing human activities in such areas so as to ensure
that development does not cause harm to human health or the environment, and that all
activities are within the “carrying capacity” of terrestrial resources. Such legislation could
provide an effective structure to facilitate and support the development and implementation of
an integrated approach to natural resource management. Any development activities should
include the need for social and environmental impact assessments and the establishment of
environmental management programs during any development and construction activity.

It is recommended that Trinidad and Tobago consider the development of integrated and
consolidated legislation and institutional framework to provide for the management of all
natural resources. As a minimum, legislation should be established to empower appropriate
agencies to undertake, by a specified date, a comprehensive inventory of natural resources
and conditions (on a Geographic Information System (GIS) platform), which should provide
baseline information for resource management and development decisions. Approval for
development activities should be co-ordinated, have clearly defined goals and standards, and
all development activities should be within the “carrying capacity” of the resource. Integrated
Resource Management Plans should be developed through broad-based consultation at the
community level that will require the necessary legislative frameworks to implement and
enforce the management plans. An appropriate legal and institutional structure should be
established to provide for:

      •   The establishment of national land (resource) policy, plans and guidelines to guide
          resource use and development activities;
      •   protection and conservation of all natural resources (i.e. forests, soils, agricultural
          lands, watersheds, etc.) within established national land policy, land and guidelines;
      •   control on development to ensure that it is within the “carrying capacity” of the natural
          resource base;
      •   the co-ordination of all decision-making concerning resource use and development
          activities, which should be guided by established National Land (Resource) Policy and
          Plans, and an assessment on the impact of the proposed development of the natural
          resources and social development;
      •   community and land-owner participation in decision-making to address encroachment
          on agricultural lands, the loss of fertile lands, and the protection of wetlands on private
          lands.

DILLON TEAM                                                                                     5-11
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


The national land policy and plans should establish guidelines and standards for the siting,
construction, development and operation of industrial and commercial facilities. Legal
structures should be established to facilitate the creation, operation and administration of
community-based conservation projects and programs, which allow for income generation to
ensure the sustainability of such initiatives.

The key land resources problems across Trinidad and Tobago are summarized as follows:

•       On the southern slopes of the Northern Range - remediation and redressing is needed
    problems of de-forestation from hillside ‘slash and burn’ agriculture and hillside settlement
    together with Quarrying; and from pollution of the watercourses from agricultural and agro-
    industrial chemical utilization;
•       In the East-West Corridor on the plains south of the Northern Range, particularly from
    Carenage on the west to Arima in the middle of North Trinidad – protection of the built
    environment from the negative impact of the deforestation of the area immediately above is
    needed; and addressing of related issues of urban communities including liquid and solid
    waste pollution together with air and water pollution. The latter problem is particularly
    acute in terms of its impact on the Caroni Arena Water Treatment plant which supplies
    40% of the island’s potable water supply.
•       Immediately south of the East-West corridor lies the Caroni swamp, home to the
    country’s national bird – the Scarlet Ibis – which is also a repository of much of the water
    based pollution in North Trinidad, whether from wastewater or industrial effluents or soil
    erosion via the Caroni River and its tributaries;
•       In the centre of Trinidad – from the Central Range in the mid-centre to the west coast
    are the main areas for agricultural production, particularly sugar cane. There are issues of
    deforestation and its downstream impact in terms of soil erosion and flooding; especially
    within the Caparo River watershed;
•       The main environmental problems across the southern region of Trinidad, from the
    west to east coasts relate to oil and natural gas production and refining. This begins from
    the Pt. Lisas industrial estate on the west coast and runs across Trinidad to the offshore oil
    and natural gas production in the east coast marine areas. The result of this concentration
    of hydrocarbon production is both water-based and air pollution. There is a serious
    problem with hundreds of abandoned oil wells in the south that are contaminating the soil.
•       In Tobago, deforestation in the Courland area and along the Main Ridge needs to be
    addressed.

In the area of natural resource management the environment subcommittee proposes the
following:

•        Update and implement the System of National Parks and Protected Areas Plan of 1980
•        Designate Environmentally Sensitive Areas and implement co-management plans with
    local communities for Matura National Park, Buccoo Reef, Nariva Swamp, Aripo
    Savannahs and Speyside. Support these activities with the Green Fund.
•        Develop and implement integrated coastal zone management plans, especially in
    Tobago.
•        Enforce laws against illegal logging and streamline associated approval requirements
    for legal logging including regulation of the use of portable sawmills.

DILLON TEAM                                                                                  5-12
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                        Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                    January 2004



•       Train and deploy fire guardians for fire prevention & control activities during the dry
    season.
•       Re-focus & institutionally strengthen the Forestry Division to reflect its responsibility for
    conservation and related issues e.g. Conservation of Forests, Parks and Wildlife.
•       Activate the Green Fund to support Non-governmental Organizations (NGOs) and
    Community Based Organizations (CBOs) to implement reforestation and remediation
    efforts.

A number of critical issues relating to wildlife conservation and biodiversity protection in
Trinidad and Tobago have been highlighted. These are summarised below, in no particular
order of priority.

• Existing legal and institutional framework for wildlife conservation and biodiversity
  protection is outdated, ineffective and poorly enforced. Legislation for the protection of
  individual species can be contradictory. Although new legislation has been drafted in a
  number of areas to address existing weaknesses in the legal and institutional framework
  including the Forest Resources Bill (1998), the Fisheries Bill (1995), the Conservation of
  Wildlife Bill (1999), and the National Parks and Protected Areas Bill (1999), to-date these
  new laws have not been passed by Parliament. The major obstacle to enactment has
  been the lack of adequate resources (human, technical, financial) to implement the
  provisions and institutional arrangements provided in these new laws. However, it is
  anticipated that the Conservation of Wildlife Bill and the National Parks and Protected
  Areas Bill will be passed during the current legislative session.

• Almost all of the agencies involved in environmental management and sustainable
  development have some measure of responsibility for addressing biodiversity issues.
  However, as is the case for most sustainable development issues, the allocation of human
  and financial resources to biodiversity issues and the co-ordination of activities between
  agencies is inadequate. Further, the need for heightened public awareness and increased
  co-ordination of the activities between agencies in the conservation and sustainable use of
  biodiversity resources cannot be over-emphasised.

• Biodiversity management requires a holistic ecosystem approach, which takes into
  consideration the integration of activities when managing the country’s natural resources,
  and not the isolated planning efforts that are too common within and between Ministries.
  The case for such a holistic view is even more important when one considers the small
  size of both islands, the high population density, fragility of the native ecosystems, and the
  limited human, technical and financial resources available to the country. It is also
  apparent that many of the existing plans for development in the various sectors of the
  country (e.g. housing, roads, tourism, agricultural development), at best pay lip service to
  the conservation of biodiversity, and at worst, do identify it as a consideration at all.

• Basis information on the status of any species of flora and fauna, their rates of exploitation
  and reproduction is non-existent. Data is often not collected consistently, and may be
  unusable by other agencies for natural resource planning and management. Without such
  information, effective and sustainable resource management becomes impossible.


DILLON TEAM                                                                                     5-13
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                     Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                 January 2004



• Existing government agencies lack the resources (technical, human, financial) and in some
  cases adequate legal instruments to effectively manage the country’s biodiversity. The
  lack of adequate resources has been perceived as a lack of government commitment to
  the conservation of the country’s living natural resources.

• A comprehensive assessment of the status of wildlife in Trinidad and Tobago and an
  inventory of threatened, vulnerable or endangered species is generally not available, with
  the result that any loss of species and species’ diversity that may be occurring cannot be
  accurately documented as a basis for management. A legal requirement to undertake
  such an assessment and develop and regularly update such an inventory needs to be
  established as the basis for the sound and sustainable management of all wildlife in
  Trinidad and Tobago. Consideration should be given to the establishment of management
  criteria for threatened, vulnerable or endangered species, and the establishment of
  appropriate management regimes (e.g. captive breeding, protection of breeding areas and
  habitat, etc.) which are based on sound and proven scientific management principles.

• The issue of protection of certain classes of threatened or “environmentally sensitive
  species” needs to be addressed in a more holistic and integrated manner. An issue that
  needs to be resolved is whether government authorities have adequate powers to prevent
  the hunting of certain species on private land. It is considered that appropriate legal and
  institutional measures need to be established to promote and encourage private
  conservancy activities. It is recognised that effective conservation and protection of
  wildlife and other natural resources can only be achieved with the support and
  commitment of individual land owners. Consideration should be given to the establishment
  of an appropriate legal structure that will promote and encourage the establishment of
  private conservancy initiatives. Legislation should be enacted to facilitate the
  establishment of private conservation easements and restrictive covenants to be lodged
  with the title documents of private lands, and financial incentives created to encourage the
  development of such initiatives. Consideration should be given to the establishment of a
  legal structure that will provide financial resources on an ongoing basis for the
  conservation and protection of conservation easements where they may be necessary to
  support or protect established national parks or protected areas (e.g. “buffer” zones or
  wildlife corridors).

•   The limited success attained in the implementation of an effective plan for a system of
    protected areas in Trinidad and Tobago has been attributed in no small measure to the
    absence of an effective legal and institutional structure. If the elements of the plan are to
    be implemented before the integrity of the remaining management areas are
    compromised, there will be need to enact legislation to govern the management of
    protected areas, parks and wildlife habitats. Experience from the region (Dominica,
    Jamaica) would indicate that a dedicated National Parks Agency is required to co-ordinate
    the establishment, conservation and management of terrestrial and marine national parks.
    Such an agency would need to be established through comprehensive national parks
    management legislation. With regard to protected area management, it should be noted
    that encroachment and habitat loss is occurring on a regular and progressive basis. Priority
    should be given to the establishment of a comprehensive legal and institutional structure
    for the designation, declaration, conservation and management of all national parks and

DILLON TEAM                                                                                 5-14
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                    Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                January 2004


   protected areas. The legislative framework for the sound and sustainable management of
   the national system of protected areas should address –

    -   institutional responsibilities and relations, including the powers, duties and functions
        of the National Parks Agency that may be established;
    -   specific definitions for a variety of categories of protected areas based on identified
        management criteria and objectives;
    -   priorities, criteria, processes and procedures for selecting, designating, establishing
        and developing protected areas;
    -   mechanisms for developing management /resource use plans for each protected
        area, based on scientific data and community consultation;
    -   criteria for the delegation of powers to appropriate management authorities (public
        and private);
    -   mechanisms to establish and administer appropriate financial structures for the
        management and operation of protected areas, and to provide for capital costs
        associated with such areas (e.g. trails, paths, signs, buildings, etc.);
    -   mechanisms for integrating protected area management plans with national, regional
        or sectoral development plans;
    -   regulation of activities within designated protected areas and in their adjacent buffer
        zones;
    -   control of development activities outside the protected areas that may affect or impact
        upon the protected area or any resource, ecosystem or wildlife within such area;
    -   establish legal structures relating to liability and safety for the public and parks
        officers;
    -   establishment mechanism for enforcement; and
    -   establish appropriate protected areas and otherwise implement obligations and
        requirements under the Convention Concerning the Protection of the World Cultural
        and Natural Heritage, the Convention for the Protection and Development of the
        Marine Environment of the Wider Caribbean Region, and the Convention on
        Biological Diversity.

    It is currently proposed that a National Parks Authority be established within the
    Department of Forestry to provide co-ordination and direction in the establishment,
    conservation and management of the System of Protected Areas (Parks Systems Plan),
    and assist in the establishment of conservation areas on private lands. The National Parks
    Authority shall, where possible, rely on other agencies for the day-to-day management of
    existing parks and protected areas (e.g., Department of Environment and Natural
    Resources of the Tobago House of Assembly, the Fisheries Division, the Chaguaramas
    Development Authority). The roles and responsibilities of a National Parks Authority
    should be to:

    (a) develop and maintain an inventory of all current and proposed national parks and
        protected areas (terrestrial and marine) and an inventory of species, ecosystems and
        other features of national/cultural importance that are to be found within such
        parks/protected areas;
    (b) co-ordinate the designation and establishment of new parks and protected areas;



DILLON TEAM                                                                                5-15
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                    Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                January 2004


     (c) co-ordinate the development of appropriate conservation/management plans for
         designated national parks and protected areas or for any species or habitat within such
         areas;
     (d) negotiate with private land owners concerning the establishment of private
         conservancy areas and assist such land owners with the development and
         implementation of appropriate management/conservation plans;
     (e) co-ordinate the development and implementation of public education campaigns on the
         System of Protected Areas;
     (f) co-ordinate any scientific research that may be undertaken in any park/protected area;
     (g) review any development plan that may impact upon any current or proposed
         park/protected area and provide guidance to planning and environmental agencies
         concerning any special conservation measures that may need to be established (e.g.
         “buffer” zones, set-backs, multi-use areas, etc.);
     (h) co-ordinate funding in support of the conservation and management of national parks
         and protected areas.

    It is intended that resources for the effective establishment of the legal and institutional
    framework for national parks management be provided under the US$16.8 million
    “Protected Areas and Wildlife Management” projects that is currently being submitted to the
    Global Environment Facility (GEF) for consideration.

•   The sound and sustainable management of fragile ecosystems may not always be
    possible within the context of a system of national parks and protected areas. A current
    inventory of fragile ecosystems is not available, with the result that encroachment and
    habitat loss is occurring on a regular and progressive basis. A legal requirement to
    undertake such an inventory should be established as the basis for the designation and
    management of fragile ecosystems. Consideration should be given to the establishment of
    criteria for the designation of individual sites or areas where urgent remedial activity is
    required to prevent or reverse loss or damage, and the establishment of management
    guidelines which are based on sound and proven scientific management principles.

•   Comprehensive legal and institutional regime for the management of genetic and cultural
    resources should be established as a matter of priority. Policies, guidelines and
    procedures relating to the collection, ownership, export and commercialization of genetic
    materials and traditional knowledge in relation to such materials should be legally
    established. One of the most important aspects that should be established in an
    appropriate legal regime to control “biodiversity prospecting” is the formal conclusion of
    royalty and licensing rights between the agent that seeks to harvest or commercialize the
    materials (or knowledge) and the Government of Trinidad and Tobago or the individual
    owners. Legislation needs to be enacted and existing legislation needs to be expanded to
    incorporate issues such as “biodiversity prospecting”. Companies that come into the
    country to do prospecting (for example looking at the possibility of some indigenous plant
    having medicinal purposes) should first be made to obtain a permit or license. This needs
    to be coordinated and administered by some established body. A fee should be charged
    for this license depending on the amount of the particular resource which be required for
    research purposes. There should be some way of determining and monitoring the amount
    of any local resource used, whether it be plants, animals or local information. The license
    for prospecting should include conditions which provide for the payment of royalties to the
DILLON TEAM                                                                                5-16
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                      Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                  January 2004


    people and Government of Trinidad and Tobago (through the coordinating agency) if the
    product that is developed as a result of the prospecting becomes a commercial product. A
    certain percentage of the profits made should be put back into the economy of the country.
    A critical pillar to support any legal regime to regulate biodiversity prospecting is the
    establishment of intellectual property rights legislation, and supporting institutional
    framework.

    It is recognized that a licensing system to regulate biodiversity prospecting will require a
    limited amount of additional resources. Personnel will need to be trained in this area so that
    they are able to deal with the monitoring of resources and the proper co-ordination of
    prospecting activities so that local and natural resources are not overly exploited. Even the
    information provided by locals in some cases should be properly co-ordinated and recorded
    by the local representative. Monitoring and recording of research activities will need to be
    undertaken to ensure compliance with licensing requirements. This activity would be of
    great assistance in determining what additional fees may be payable for the license (in the
    event that more resources are used than originally agreed) and it would also help in
    determining what percentage of the profit received from the developed product should be
    paid to the country as royalties.

•   Consideration needs to be given to the establishment of a regime for the management and
    conservation of heritage property in Trinidad and Tobago. It is considered that the existing
    legal and institutional framework be strengthened by the requirement that the an
    appropriate authority develop, maintain and regularly update an inventory of sites of
    historical cultural significance which is generally not available in Trinidad and Tobago, with
    the result that encroachment on such sites and subsequent damage/loss is occurring on a
    regular and progressive basis. Consideration should be given to the establishment of
    management plans for all designated historical and cultural sites, and means to facilitate
    the periodic review of such management plans to ensure that the sites are maintained in a
    sustainable and sound manner.

•   Consideration needs to be given to the enactment of comprehensive legal and institutional
    framework to control and regulate the importation, experimentation or use of genetically
    modified or engineered organisms. Such organisms include any active, infectious, or
    dormant stage of life form, including bacteria, fungi, mycoplasmas, as well as entities such
    as viroids, viruses, or any stage of life capable of genetic manipulation (or has resulted
    from genetic manipulation) are not currently covered under the country’s quarantine
    legislation. An appropriate legal structure should require a licence for the importation or
    use, or the conducting of experiments with such organisms, and should impose rigorous
    restrictions to protect human life, health, and the integrity of natural flora and fauna and
    ecosystems.

•   An appropriate legal and institutional framework should be established to provide for the
    implementation of the International Convention on Trade in Endangered Species of Wild
    Fauna and Flora (CITES). Effective implementation and enforcement of this convention will
    require that a permitting system be established for the export, import and transportation of
    endangered species that are listed under the Convention. A Technical and Scientific
    Advisory Committee should be established, and an inspection regime initiated to monitor
    and control traffic in endangered species at all international ports in Trinidad and Tobago.
DILLON TEAM                                                                                  5-17
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                          Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                      January 2004


      A system of inspections will need to be established at all ports that should be undertaken
      with the assistance of the Department of Customs.

Land

The Vision 2020 strategy for the land resource sectors that are currently being developed will
identify a series of priority action items required to effectively provide for the conservation and
sustainable management of the country’s land resources. It is anticipated that a considerable
commitment in resources (technical, human, financial) will be required to give effect to the
policies and action plans involved. At this stage there are positive indications that the
government of Trinidad and Tobago has identified the institutional strengthening of the
Forestry Division of MPU&E, and the enactment of comprehensive legislation for reforestation
and dedication of National Parks as priority action items.

Biology

The Biodiversity Strategy and Action Plan for Trinidad and Tobago (May 2001) identifies a
series of priority action items required to effectively address wildlife conservation and
biodiversity protection. It is estimated that the sum of US$6.56 million is required to execute
these priority strategies and actions in the short term (i.e. 3 year horizon). Education and
awareness is the top priority for the country to address biodiversity management and
conservation at all levels of society, and to address the lack of political commitment to
biodiversity protection and environmental issues which has repeatedly been brought into
question.

5.5       POA SIDS Progress

Section 19 A. of the Program of Action concluded at the United Nations Global Conference on
the Sustainable Development of Small Island Developing States (SIDS POA) in Bridgetown,
Barbados, April 25-May 6, 1994 required States to implement the actions, policies and
measures at the national level as shown in the left column of the following Tables 5-4 and 5-5.

                                  TABLE 5-4
                    PROGRAM OF ACTION FOR LAND RESOURCES
            NATIONAL LIABILITIES                    ACTION
(i) Develop and improve national databases and          •   Formulate policy and develop legislation to
the dissemination of information to relevant                adopt an Integrated Natural resource
groups, especially local communities, youth and             Management and National Environmental
women, for land-use planning and management,                Information System.
including estimates of carrying capacity,
economic and environmental value of land
resources, along with appropriate decision-
making     tools,    such   as    land/geographic
information systems (SIDS POA).
(ii) Prepare and/or review land-use plans in        •   It is recommended that GOTT formulate policy
conjunction with agricultural, forestry, mining,        and develop legislation to adopt an Integrated
tourism, traditional land-use practices and other       Natural Resource Management and National
land-use policies, with a view to formulating           Environmental Information System.
comprehensive land-use plans and zoning so as
DILLON TEAM                                                                                      5-18
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                          Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                      January 2004



                                TABLE 5-4
                  PROGRAM OF ACTION FOR LAND RESOURCES
          NATIONAL LIABILITIES                    ACTION
to protect land resources, ensure sustainable and
productive land-use and guard against land
degradation, pollution and exceeding island
carrying capacity (SIDS POA).
(iii) Encourage appropriate forms of land tenure,   •   It is recommended that GOTT formulate policy
improved land administration and a greater              and develop legislation to adopt an Integrated
appreciation of the integrated nature of land           Natural Resource Management and National
development in order to facilitate sustainable          Environmental Information System.
land-use (SIDS POA).
(iv) Formulate and enforce laws, regulations and    •   It is recommended that GOTT formulate policy
economic pricing and incentives to encourage the        and develop legislation to adopt an Integrated
sustainable and integrated use, management and          Natural Resource Management and National
conservation of land and its natural resources          Environmental Information System.
(SIDS POA).
(v) Support appropriate afforestation and           •   The Government’s plan for a major
reforestation programmes, with appropriate              reforestation project in fiscal year 2004 will
emphasis      on    natural   regeneration    and       address these issues.
participation of landowners, to ensure watershed
and coastal protection and reduce land
degradation (SIDS POA).
(vi) Improve the availability, affordability and    •   Poverty elimination has been focused through
environmental quality of shelter in human               the GOTT’s squatter regularization process
settlements, in accordance with chapter 7 of            whereby services are provided to squatter
Agenda 21 (SIDS POA).                                   communities and land tenure transferred (thus
                                                        making them legitimate communities) or
                                                        through the relocation of squatter families from
                                                        hazard lands to new communities. Squatter
                                                        settlements remain to be a problem in the
                                                        Country and much additional work is required.
                                                        It is expected that the Vision 2020 process will
                                                        provide further direction to resolve this issue.
(vii) Increase attention to national physical       •   This aspect is being covered by the efforts of
planning in both urban and rural environments,          the Vision 2020 Sub-Committee on Regional
with a focus on training to strengthen physical         Development and Sustainable Communities.
planning offices, including the use of
environmental impact assessments and other
decision-making tools (SIDS POA).




DILLON TEAM                                                                                       5-19
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                                Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                            January 2004




                                 TABLE 5-5
       PROGRAM OF ACTION FOR WILDLIFE CONSERVATION AND PROTECTION OF
                             BIOLOGICAL DIVERSITY

          NATIONAL LIABILITIES                                                ACTION
Formulate and implement integrated strategies           •   Implement National Biodiversity Strategy and
for the conservation and sustainable use of                 Action Plan
terrestrial and marine biodiversity, in particular,     •   Establish effective legal and institutional structure
endemic species, including protection from the              for national parks management
introduction of certain non-indigenous species
and identification of sites of high biological
significance for the conservation of biological
diversity and/or for eco-tourism and other
sustainable development opportunities, such as
sustainable agriculture, training and research
(SIDS POA).
Ratify and implement the Convention on                  •   Conventions signed – CITES Convention requires
Biological    Diversity, the    Convention      on          implementation through appropriate legal and
International Trade in Endangered Species of                institutional structures
Wild Fauna and Flora and other relevant                 •   Enact National Parks and Protected Areas Act
international and regional conventions (SIDS                and Conservation of Wildlife Act
POA)                                                    •   Establish National Parks Authority
                                                        •   Develop appropriate legislation in support of
                                                            CITES
                                                        •   Strengthen        co-ordination   amongst       and
                                                            institutional capacity of all agencies involved in
                                                            wildlife conservation and biodiversity protection
Promote community support for the conservation          •   Implement National Biodiversity Strategy and
of biological diversity and the designation of              Action Plan
protected areas through concentration on
educational strategies that increase awareness of
the significance of biodiversity conservation and
particularly the fundamental importance of a
diverse biological resource base to resource-
owning communities (SIDS POA).
Generate and maintain buffer stocks or gene             •   Develop management programs and appropriate
banks of biogenetic resources for reintroduction            Plan of Action.
into their natural habitat, especially in the case of   •   Secure adequate resources (technical, human
post-disaster restoration and rehabilitation (SIDS          financial).
POA).
Develop or continue studies and research on             •   Implement National Biodiversity Strategy and
biological resources, their management and their            Action Plan
intrinsic socio-economic and cultural value,
including biotechnology (SIDS POA).
Conduct detailed inventories of existing flora,         •   Implement National Biodiversity Strategy and
fauna and ecosystems to provide basic data                  Action Plan
needed for the preservation of biodiversity (SIDS
POA).
Ensure that the ownership of intellectual property      •   Establish effective regime to regulate biodiversity
rights is adequately and effectively protected              prospecting and control intellectual property rights
DILLON TEAM                                                                                              5-20
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                                                Second Draft
Environment and Natural Resources Management for Trinidad and Tobago                            January 2004



                                 TABLE 5-5
       PROGRAM OF ACTION FOR WILDLIFE CONSERVATION AND PROTECTION OF
                             BIOLOGICAL DIVERSITY

          NATIONAL LIABILITIES                                                ACTION
(SIDS POA).                                                 in traditional resources.
Ensure, subject to national legislation and             •   Establish effective regime to regulate biodiversity
policies, that technology, knowledge and                    prospecting and control intellectual property rights
customary and traditional practices of local and            in traditional resources.
indigenous people, including resource owners
and custodians, are adequately and effectively
protected and that they thereby benefit directly,
on an equitable basis and on mutually agreed
terms, from any utilization of such technologies,
knowledge and practices or from any
technological development directly derived
therefrom (SIDS POA).
Support the involvement of NGOs, women,                 • Implement National Biodiversity Strategy and
indigenous people, and other major groups, as             Action Plan
well as fishing communities and farmers in the          • Establish basis for the promotion of private
conservation and sustainable use of biodiversity          conservancy and stewardship initiatives through
and biotechnology (SIDS POA).                             conservation easements, protective covenants
                                                          and fiscal incentives.
 Statement of Forest Principles                         • Implement National Biodiversity Strategy and
• Take immediate action on domestic forest                Action Plan
    law enforcement and illegal logging, including      • Establish effective legal and institutional
    measures to protect forest biological                  framework for sustainable forestry management
    resources, and provide human and
    institutional capacity-building related to the
    enforcement of national legislation in those
    areas,
• Take immediate action to promote and
    facilitate the means to achieve sustainable
    timber harvesting,
• Support the United Nations Forum on
    Forests, as a key intergovernmental
    mechanisms to facilitate and coordinate the
    implementation       of    sustainable    forest
    management at the national, regional and
    international levels, thus contributing to, inter
    alia, the conservation and sustainable use of
    forest biodiversity,
• Implement the CBD’s expanded action-
    oriented work programme on all types of
    forest biodiversity, with the involvement of all
    relevant stakeholders,
• Develop and implement integrated land
    management and water-use plans that are
    based on sustainable use of renewable
    resources and on integrated assessments of
    socio-economic          and       environmental

DILLON TEAM                                                                                             5-21
Inter-American Development Bank
Long-Term Development Planning Study – Towards Vision 2020
                                                                        Second Draft
Environment and Natural Resources Management for Trinidad and Tobago    January 2004



                                TABLE 5-5
      PROGRAM OF ACTION FOR WILDLIFE CONSERVATION AND PROTECTION OF
                            BIOLOGICAL DIVERSITY

         NATIONAL LIABILITIES                                  ACTION
    potentials,
•   Promote programmes to enhance in a
    sustainable manner the productivity of land
    and the efficient use of water resources in
    agriculture,     forestry,   wetlands,      and
    aquaculture,
•   Strengthen the implementation of the United
    Nations Convention to Combat Desertification
    (to which Trinidad and Tobago is a signatory)
    to address causes of land degradation in
    order to maintain and restore land.
•   Formulate national action programmes to
    ensure       the     timely   and      effective
    implementation of the Convention and its
    related projects,
•   Explore and enhance synergies between the
    United Nations Framework Convention on
    Climate Change, the Convention on
    Biological Diversity and the Convention to
    Combat Desertification, with due regard to
    their    respective      mandates,    in     the
    implementation of plans and strategies under
    the respective Conventions,
•   Integrate measures to prevent and combat
    desertification as well as mitigate the effects
    of drought through relevant policies and
    programmes, such as land, water and forest
    management, improved use of climate and
    weather information and forecasts, early
    warning systems, land and natural resource
    management, agricultural and ecosystem
    conservation.




DILLON TEAM                                                                   5-22

				
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posted:11/13/2011
language:English
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